Current as at 31st January 2017

Terms and Conditions applicable to a seller of service using LHive / lhive.com.au

These terms and conditions are the contract between you and LHive (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them.

LHive is a trade name of LHive Pty. Ltd. ACN. 614209077, whose address is at 608 Harris St. Ultimo 2007

  1. Definitions
“Content”means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content such as advertising material, and all other product or service related material Posted by you.
“Post”means place on or into Our Website any Content or material of any sort by any means.
“Provider”means you, a person or organisation who has placed details on Our Website of a Provider Service offered for sale or free of charge, through Our Website.
“Provider Service” and “Your Service”mean the service you offer for sale through Our Website.
“Our Service”means the service we provide to enable you to sell Provider Services here.
“Our Website”means any website of ours, and includes all web pages controlled by us.
“Customer Fee”An amount that a customer has agreed to pay you, the Provider for a unit of Provider Service.

 

  1. Our contract
    • The relationship between us is solely that:
      • in consideration of a fee charged by us, we provide for you an Internet market place as an arms length contractor;
      • we act as your agent solely in the collection of money paid by your customer;
      • we are not your partners or joint venturers.
    • If you place a Provider Service for sale on Our Website, you do so subject to these terms.
    • We may change these terms and conditions, we will notify you when we do.  If you continue to accept bookings from Our Website after we notify you of this change, you will be deemed to have agreed to the amended terms and conditions.
    • Although we are not a party to your contract with a buyer introduced to you via Our Website, we shall remove Your Services from offer if a customer or site visitor has a valid complaint against you.
    • Subject to this agreement and to the procedures set out in Our Website, you may enter a Provider Service for sale through Our Website.

 

3. Your Provider Service placement

You agree:

  • not knowingly to place any Provider Service for sale which is not of merchantable quality or which requires for its setup or use a level of technical expertise which is not fully explained to a customer before purchase.
  • immediately to remove from sale on Our Website any Provider Service which for any reason, you are unable to supply.
  • not to re-place any Provider Service we remove from offer for sale.

 

  1. Standard of Provider Service Delivery
    • You will not answer phone calls whilst conducting the delivery of a Provider Service.
    • You will arrive at the agreed pick up address a minimum of 5min prior to any agreed appointment to deliver a Provider Service.
      • If you are unable to arrive a minimum of 5min prior, then you will contact the buyer to advise of the delay and of your new anticipated arrival time.
      • You will only do so via the accepted method of communication under this agreement.
    • You must not conduct any Provider Service with more than one customer in the vehicle at any one time.
    • You must not request of any customer, that additional funds be paid outside of Our Website for any Provider Service, for any reason.

 

  1. Compliance Documentation
  • Before being accepted as a Provider on the Our Website, you must provide to us with copies of your:
    • Driving Instructor’s Licence
    • Drivers Licence
    • Driving Instructors Qualification (Cert IV, Statement of attainment, etc..)
    • Working With Children Check number (in accordance with the Commission for Children and Young People Act 1998 (NSW))
    • Your Vehicle’s Full Comprehensive Insurance
    • Your Vehicle’s Compulsory Third Party Insurance
    • Driving Instructors professional indemnity & public liability insurance
    • Your Vehicle’s Registration
  • You warrant, that all documents and information that you provide, are true accurate and complete.
  • Upon renewing any of these, you must supply us with a copy of the most recent and current.

 

  1. Working With Children Check
    • You warrant that you have undertaken a “Working with Children Check” in accordance with the Commission for Children and Young People Act 1998 (NSW) and that such check has not resulted in any adverse findings against you.
    • You must, on request, provide satisfactory evidence that you have undertaken the “Working with Children Check” referred to in this clause and such evidence is to include details of the outcome of that check.
    • If you fail to provide such evidence, we may withhold any payment due to you until the evidence is provided.
    • You are required to notify us immediately, if at any time throughout the duration of this Agreement, you have been charged with or convicted of a criminal offence relating to children or you become the subject of any official enquiry that may result in criminal charges being laid against you in relation to children.

 

  1. Insurances
    • You must hold and keep current, at your own cost, with the level of coverage specified, the following insurances:
      • Professional indemnity insurance, with cover up to $2,000,000
      • Public liability insurance, with cover up to $10,000,000
      • Comprehensive motor vehicle insurance
      • Compulsory Third Party motor vehicle Insurance (Green Slip)

 

  1. Licences and Qualifications
    • You warrant that you have the necessary licenses and qualifications to perform the Provider Service in accordance with this Agreement, including but not limited to:
      • Driving Instructors Qualification (Cert IV, Statement of attainment, etc..)
      • Valid NSW Driving Instructor’s licence
      • Valid NSW Drivers Licence

 

  1. Provision of Equipment

You must supply all equipment necessary to provide the Provider Service. You are required to ensure such equipment is suitable and maintained in good working order at all times.  In particular, you will supply the following equipment:

  • A suitable motor vehicle which complies with the following minimum standards:
    • Motor vehicle is at all times during the Agreement to be registered in NSW and maintained in a safe operating condition;
    • Age of motor vehicle is not to exceed 10 years;
    • Motor vehicle with a minimum 4 star safety rating as determined under the Australian new car Assessment Program (“ANCAP”)
    • Motor vehicle to be fitted with dual controls consisting of an additional passenger side foot brake if the vehicle has an automatic transmission or an additional passenger side foot brake and clutch if the vehicle has a manual transmission.

 

  1. Complaints about Provider Services

You must at all times:

  • reply promptly and in any event within [48 hours] to any customer message or other correspondence;
  • comply with the law relating to all aspects of the contract between you and your customer, relating in particular to your obligations to provide full information and accept cancellation and returns;
  • when you have an obligation to return money to a customer for any reason, you will do so immediately in line with the cancellation and refunds policy set out on Our Website;
  • comply with the LHive procedures relating to satisfaction of an order, as set out on Our Website from time to time;
  • Please provide information to us in respect of any claim for non-supply and any dispute as to payment, so as to enable us to identify the possibility of fraud.

 

  1. The selling procedure
    • LHive is not responsible for the fulfilment of your contract to sell a Provider Service.
    • You agree that a service contract offered by you is a firm and binding contract as soon as your customer’s payment has been accepted by our payment service provider.
    • Provider Services may be offered for sale subject to any discount or promotion arranged between LHive and you.
    • Subject to discounts and promotions, Provider Services are offered for sale at a fixed price. GST may be due and will be either included in the price or shown separately. If not shown, it will not be charged.
    • Provider Services will be offered for sale and sales made, subject to the terms and conditions applicable to buyers. You accept and endorse these terms and agree to comply in all respects with the corresponding obligations of a Provider. You may view the buyer’s conditions on Our Website at any time.

 

  1. Goods and services tax
    • Any rates, fees, charges, commissions, taxes or expenses payable under this Agreement are inclusive of any required taxes.
    • The liability to correctly account for and remit applicable GST to the Australian Taxation Office with respect to sale of services through this Website will remain with you the seller. We have not considered your requirement to register for GST and we recommend seeking advice from a taxation professional regarding this issue. Should you be registered for GST, we note that all “prices” listed on this Website are considered to be GST inclusive and this will be reflected on the recipient created tax invoices issued.
    • If you are registered GST or become registered for GST at any point whilst being a member of Our Website you must advise us straight away.
  2. Our commissions, fees and payments to you
    • We sell Your Service at the price you place on it, subject to these terms and the requirements we set out on Our Website from time to time.
    • Our fees and commissions are payable on demand. You irrevocably authorise us to deduct them from sums paid to us by your buyer.
    • We will pay you an amount equal to the Customer Fee, less any commission fee, subscription fee or service fee’s due to us, plus any eligible promotional discounts.
    • We will pay you within [15] days of confirmed despatch of order.
    • We will transfer money via the internet, in full, to a bank account located in the Commonwealth of Australia,
    • We will send you an invoice for our charges.
    • If we do or could earn interest on any cash balance in our control for the period between payment by a customer and our accounting to you, we are free to keep that interest and have no obligation to account for it to you.
    • If an action by a buyer results in a charge back to our account, you agree that we may deduct the sum charged back together with any fee paid to our service provider and bank, from any sum due to you, at or after that time.
    • If you or we accept any cancellation and consequently refund money to a customer, we are not obliged to repay commission to you.
    • If in our discretion we believe that your performance as a Provider results in a significant number of charges back and / or buyer disputes or if we believe you are in breach of this agreement, we are free to hold back payments to you until we are satisfied that disputes have been settled and / or breach rectified.
  3. Advertising your Provider Service
    • If you accept our offer to advertise market or promote your service, the following conditions apply.
    • We may use the services of a specialist internet marketing business associated with LHive.
    • Without prior consent of the other; neither we nor you will contract with any other person or company for specialist services. Here your obligation is limited to the extent of the price charged and due to us.
    • The price charged to you will include all payments we make to others.
    • The cost of work ordered by you is payable in full, in advance. If you so request us, by indication on Our Website, we will deduct the cost from your account.
    • We give no guarantee as to the success of any advertising placed.
    • We shall receive no secret commission on advertising services. But note that the service supplier is associated with us.
  4. Your Provider Service warranties
    • You warrant that any Provider Service you place on Our Website for sale:
      • is not: illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to any third party;
      • does not offend against the law of any country whose citizens might purchase it;
      • is not intended primarily to advertise any business, except your business, so far only as it is carried on through LHive.
    • You warrant that you own the copyright of any Provider Service you place on Our Website for sale, or that you have the permission of the copyright owner:
      • to place the Provider Service on Our Website for sale;
      • to receive the net proceeds of such sales as arise;
      • to defend the copyright in the Provider Service.
  1. How we handle your Content
    • If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control who sees it or what anyone does with it.
    • You now irrevocably authorise us to publish feedback, comments and ratings about Your Services and activity through Our Website, even though it may be defamatory or critical.
    • We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
    • Posting Content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
    • You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
    • You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
    • Please notify us of any security breach or unauthorised use of your account.
  2. Restrictions on what you may Post to Our Website
    • We invite you to Post Content to Our Website for marketing your services and services and in other ways. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law.
    • We do not undertake to moderate or check any item Posted.
    • You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:
    • be unlawful, or tend to incite another person to commit a crime;
    • be obscene, offensive, threatening, violent, malicious or defamatory;
    • be sexually explicit or pornographic;
    • be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
    • use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement.
  3. Your Posting: restricted Content
    • In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
    • In addition to the restrictions set out above, a Posting must not contain:
    • hyperlinks, other than those specifically authorised by us;
    • keywords or words repeated, which are irrelevant to the Content Posted.
    • the name, logo or trademark of any organisation other than yours.
    • inaccurate, false, or misleading information;
    • material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18 years old.
  4. Security of Our Website
    • If you violate Our Website we shall take legal action against you.
    • You now agree that you will not, and will not allow any other person to:
    • modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
    • link to our site in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
    • download any part of Our Website, without our express written consent;
    • collect or use any service listings, descriptions, or prices;
    • collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
    • aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Services;
    • share with a third party any login credentials to Our Website.
  5. Copyright and other intellectual property rights
    • All Content on Our Website, for example page text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of either us or our affiliates or suppliers of services for sale. It is all protected by international copyright laws.
    • You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement or with our written consent.
    • For the sake of good order you should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text.
  1. Interruption to Our Service
    • We give no warranty that Our Service will be satisfactory to you.
    • We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of Our Service for repairs, maintenance or other good reasons. We may do so without telling you first.
    • You acknowledge that Our Service may also be interrupted for reasons beyond our control.
    • You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to Our Service.
  2. Limitation of Liability
    • To the extent permitted by the law of Australia, any guarantees, conditions or warranties which would otherwise be implied into these terms and conditions are excluded.  To the full extent permitted by the law of Australia, our liability for our breach of any guarantee, condition or warranty is limited to the supply of our Site again or payment of the costs of having our services supplied again.
  3. Our disclaimers
    • We are not responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss whatever.
    • Our Website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website.
    • We are not liable in any circumstances for damages resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website.
    • LHive website and LHive services are provided “as is”. As to Our Website and Our Services, we make no representation or warranty of any kind, express or implied, including, without limitations, warranties:
      • as to fitness of Our Website and Our Service for a particular purpose;
      • as to availability and accessibility, without interruption, or without error;
      • any obligation, liability, or remedy in tort whether or not arising from our negligence.
    • You now expressly release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and a buyer.
  4. Your indemnity to us
    • You agree to indemnify us against all loss and expense, including legal fees and management time related in any way to:
    • a claim by any person in respect of any Provider Service;
    • protecting the reputation of our business by our making a payment to a customer of yours in circumstances where you have failed to make that repayment or otherwise comply with your contract with that customer.
    • any cost to us arising from a decision by us to comply as your agent, with any obligation of yours, whether or not we have your permission, arising out of any regulation or law, including:
      • the deletion or amendment of any text or other content you have placed on Our Website;
      • any payment we make on an ex gratia basis, arising from a contract between you and a customer;
    • legal or other fees we incur in defending a claim or the imposition of a fine or penalty;
    • our management time in dealing with any failure or alleged failure by you to comply with any relevant regulation or law.

 

  1. Protection of Goodwill
    • You agree to not, directly or indirectly, either as a principal, employee, agent director, officer, partner, consultant, contractor, advisor or otherwise, for your own benefit or the benefit of any other Person, directly or indirectly, breach any of the terms below:
      • You must not and must not attempt, to entice away the custom of any Customers with whom you have had dealings during the period of 24 months prior to the end of your membership to this site.
      • You must not and must not attempt, to encourage any customer to terminate or not to renew their business relationship with us.
      • You must not and must not attempt, to encourage any supplier to terminate or not to renew their business relationship with us.
      • You must not and must not attempt, to encourage any employee, agent, director, officer, partner, contractor, adviser or consultant to terminate or not to renew their business relationship with us.

 

  1. Mediation / Disciplinary Action
    • We reserve the right to warn, suspend or terminate you, if we consider that:
      • You are in breach of any of the Terms and condition of this agreement; or
      • You behave in a manner that causes, has caused, or is likely to cause harm to LHive, including to its reputation.
    • At least 14 Business Days before a decision is to be made under clause 25.1 you will be notified in writing:
      • that we are considering a resolution to warn, suspend or terminate the you;
      • what it is said to have done or not done;
      • that you may provide an explanation and details of how to do so.
    • Before we can warn, suspend or terminate a Member, the Member must be given a chance to explain or defend themselves by submitting a written explanation
    • After considering any explanation we may:
      • take no further action;
      • warn you;
      • suspend your rights as a Member for a period of no more than 12 months;
      • terminate you;
    • Written notice of the decision will be given to you as soon as possible.
    • Disciplinary procedures must be completed as soon as reasonably practical.
    • No liability is assumed by us or anyone associated with us for any loss or injury suffered by a Member as a result of any decision made under this clause.

27. Miscellaneous matters

  • You undertake to provide us your current land address, e-mail address, telephone and fax numbers as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this contract.
  • So far as any time, date or period is mentioned in this agreement, time shall be of the essence.
  • If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
  • For the purposes of the Privacy Act 1988 as amended you agree to the processing of your personal data (in manual, electronic or any other form) relevant to this agreement, by us and/or any agent or third party nominated by us and bound by a duty of confidentiality. Processing includes but is not limited to obtaining, recording, using and holding data and includes the transfer of data to any country in any part of the World.
  • If you are in breach of any term of this agreement, we may:
    • publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
    • terminate your account and refuse access to Our Website;
    • remove or edit Content, or cancel any order at our discretion;
    • issue a claim in any court.
  • Any obligation in this agreement is intended to continue to have effect after termination or completion shall so continue.
  • No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
  • When you visit Our Website or send messages to us by email, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on Our Website. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.
  • Any communication to be served on either of us by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
    • It shall be deemed to have been delivered:
      • if delivered by hand: on the day of delivery;
      • if sent by post to the correct address: within 72 hours of posting;
      • If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
  • In the event of a dispute between us, then, if we so ask, you undertake to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
  • This agreement does not give any right to any third party.
  • We shall not be liable for any failure or delay in our performance of this agreement which is caused by circumstances beyond our reasonable control, including any labour dispute.
  • In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
  • This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
  • The validity, construction and performance of this agreement shall be governed by the laws of the State of NSW.