Terms & Conditions

About Kandooi

Welcome to Kandooi. Kandooi provides a platform to facilitate the introduction of Contracting Companies and Contractor Companies (the “Services“).

These terms and conditions of use (the “Terms”) are a contract between you (“you” or “your(s)”) and Kandooi Pty Ltd (ACN 614 803 708, ABN 36 614 803 708) (‘we’, ‘us’, ‘our’ and ‘Kandooi‘”).  You must read, agree to, and accept all of the terms and conditions contained in these Terms in order to use our mobile application (the ‘Application‘) and our website located at kandooi.com (the “Website”) (hereinafter the Application and Website are individually and collectively referred to as the “Site“) . By accessing, using, browsing and/or reading the Site, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Site and any of the Services, immediately.

Kandooi reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Kandooi updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

In these Terms of Use:

  • Contracting Company(ies)‘ means a person or organisation who creates jobs and approves job applications using the Site
  • Contactor Company(ies)‘ means a person or organisation who applies for jobs listed on the Site and completes jobs won through the Site.

Acceptance of the Terms

You accept the Terms by accessing, using or browsing the Site. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Kandooi in the user interface.

Company Account registration to use the Services

In order to access the Services, you must first register for a company account through one the Sites (the ‘Company Account’).

As part of the registration process, or as part of your continued use of the Services, you may be required to provide information about your organisation, including the organisation’s name, Australian Business Number (ABN), qualifications, website address, email address, street address, contact number, bank account and credit card details. You will also be required to set a Company Account administration password as well as select the categories of services that your organisation is able to provide.

Once your application is submitted, Kandooi will approve your application as quickly as possible.

You warrant that any information you give to Kandooi in the course of completing the registration process will always be accurate, correct and up to date.

Once you have completed the Company Account registration process, you will be a registered member of the Site (‘Admin Member’) and agree to be bound by the Terms.

You may not use the Services and may not accept the Terms if:

  • you are not of legal age to form a binding contract with Kandooi; or
  • you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

Ordinary User registration to use the Services

If you are a staff member of an organisation with an existing Company Account, in order to access the Services, you must first register for an ordinary user account through the Site (the ‘Ordinary User Account’).

As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself, including your name, email address, contact number and a profile picture. You will also be required to set an Ordinary User Account password.

You warrant that any information you give to Kandooi in the course of completing the registration process will always be accurate, correct and up to date.

Once you have completed the registration process, you will be a registered member of the Site (‘Ordinary Member’) and agree to be bound by the Terms.

You may not use the Services and may not accept the Terms if:

  • you are not of legal age to form a binding contract with Kandooi; or
  • you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

Your obligations as a Admin Member and/or Ordinary Member

As an Admin Member and/or Ordinary Member, you agree to comply with the following:

  • you will use the Site and Services only for purposes that are permitted by:
    • the Terms; and
    • any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
  • you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of your Company Account or Ordinary User Account;
  • any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Kandooi of any unauthorised use of your password or email address or any breach of security of which you have become aware;
  • access and use of the Site is limited, non-transferable and allows for the sole use of the Site by you for the purposes of Kandooi providing the Services;
  • you will not use the Services or Site for any illegal and/or unauthorised use which includes collecting contact details of Admin Members or Ordinary Members by electronic or other means for the purpose of unsolicited contact or unauthorised framing of or linking to the Site;
  • you agree that unauthorised commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Site without notice and may result in termination of your Company Account or Ordinary User Account. Appropriate legal action will be taken by Kandooi for any illegal or unauthorised use of the Site;
  • you acknowledge and agree that any automated use of the Site or its Services is prohibited; and
  • You agree that you will not use the Services or Site in any way that:
    • includes obscene or offensive language or images (such as pornography or nudity);
    • defames, libels, ridicules, mocks, disparages, threatens, harasses, intimidates or abuses anyone;
    • promotes violence;
    • violates the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity;
    • includes any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
    • reveals any personal information about another individual, including another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual;
    • attempts to or impersonate any other party;
    • tricks, defrauds, deceives or misleads other users;
    • raises money for anyone or advertises or promotes a product, service, pyramid scheme or other multi-tiered marketing scheme;
    • disparages, tarnishes, or otherwise harms, in Kandooi’s opinion, Kandooi.
    • violates these Terms or any local, state, federal or international law, rule or regulation or any other requirements or restrictions posted by Kandooi on the Site;
    • uploads or transmits (or attempt to upload or to transmit) viruses, Trojan horses or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Site.
    • uploads or transmits (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”); and/or
    • disguises or misleads as to the source(s) of information you submit to the Site.

We reserve the right to remove any content in breach of clause 5.1(h) from the Site at our sole discretion, but are not required to do so.

Non-Solicitation

Where a Contracting Company (which includes his/her/its employees, agents, representatives, related entities or associated entity (as defined in the Corporations Act 2001) contacts a Contractor Company for the engagement of further services outside the Site, the Contractor Company must during the period of 12 months after first being introduced to the Contracting Company by Kandooi, direct the Contracting Company to engage the Contractor Company via the Site. Kandooi will remove a Contractor Company if they are found not to be directing the Contracting Company back to the Site. In the event the Contractor Company retains the Contracting Company outside the Site, the Contractor Company acknowledges and agrees that the Contractor Company is liable to Kandooi for the equivalent of 10% (less GST) of all services rendered by the Contractor Company to the Contracting Company during the above mentioned period of 12 months.

Both the Contractor Company and the Contracting Company grant Kandooi the right to examine the books, accounts and records of the Contractor Company and the Contracting Company, at such reasonable times as may be requested by Kandooi to ascertain whether the Contractor Company and the Contracting Company are in breach of this clause 6.

Both the Contractor Company and the Contracting Company acknowledge and agree that this clause 6 is fair and reasonable under the circumstances and these restraints are reasonably necessary to protect Kandooi’s business interests as it has expended significant resources in advertising, marketing and staffing to make its Services possible.

Fees and Cancellation

Kandooi does not provide nor charge for any building, plumbing, electrical, masonry or other trade services. Kandooi is entitled to charge a transactional fee for each job facilitated by Kandooi in exchange for the introduction services Kandooi provides to Contractor Companies and Contracting Companies.  If a Contracting Company is either unwilling or unable to make payment via the Kandooi Site, the Contractor Company agrees to notify Kandooi of any new payment arrangements.

If a Contracting Company terminates the engagement prior to the work being completed, the Contracting Company will be required to pay the fees and charges for work done, and for expenses incurred, up to the date of termination, and any transaction fees charged by Kandooi.

Payment

All payments are processed through our third party payment processor, Pin Payments. Using the Pin Payments platform, payment can be made with any MasterCard or Visa issued credit or debit card

Pin Payments’ terms and conditions apply to all payments processed through Pin Payments. We cannot accept, and hereby exclude to the fullest extent permitted by applicable law, any liability arising out of or in connection with your use of Pin Payments. By agreeing to these Terms and by continuing to submit an order, you agree to be bound by Pin Payments’ terms and conditions.

You acknowledge and agree that where a request for the payment is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the payment.

 

Copyright and Intellectual Property

The Site, the Services and all of the related products and services of Kandooi are subject to copyright. The material on the Site is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Site (including but not limited to text, graphics, logos, button icons, video images, audio clips, Site, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Kandooi or its contributors.

All trademarks, service marks and trade names are owned, registered and/or licensed by Kandooi, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are either an Admin Member or an Ordinary Member to:

  • use the Site pursuant to the Terms;
  • copy and store the Site and the material contained in the Site in your device’s cache memory; and
  • print pages from the Site for your own personal and non-commercial use.

Kandooi does not grant you any other rights whatsoever in relation to the Site or the Services. All other rights are expressly reserved by Kandooi.

Kandooi retains all rights, title and interest in and to the Site and all related Services. Nothing you do on or in relation to the Site will transfer any:

  • business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
  • right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
  • a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),to you.

You must not modify, copy, reproduce, republish, or display any content from the Site and represent it as your own (including by framing pages from the Site), upload to a third party, post, transmit or distribute this content in any way except as permitted by law or expressly provided for on the Site or expressly authorised in writing by us and, where relevant, any third party owner or rights holder.

By transmitting or uploading any user content to the Site (including reviews), you grant us a non-exclusive, irrevocable, transferable, sub-licensable, royalty-free, worldwide licence to use the content for any lawful purpose. You further represent and warrant to us that you own or have the right to:

  • use and reproduce all user content that you post on the Site; and
  • grant such licence to us.

 

Right to Link this Website

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of www.kandooi.com so long as the link does not portray Kandooi or our products or services in a false, misleading, derogatory, or otherwise offensive matter as deemed by Kandooi. You may not use any Kandooi logo or other proprietary graphic or trademark as part of the link without express written permission.

Privacy

Your privacy is very important to us.

These Terms must be read in conjunction with our Privacy Policy. We undertake to comply with the terms of our Privacy Policy.

You acknowledge and agree that personal information and sensitive information you submit to us on the Site will be handled by us in accordance with the Privacy Policy, applicable laws and the terms set out in this section.

By setting up a Company Account or an Ordinary User Account, you grant us an ongoing consent to promote and market our products and services and to make other offers to you (including by email). You acknowledge that this consent continues indefinitely until such time as you expressly withdraw it. If you do not wish us to contact you or you would like us to stop contacting you for promotional or marketing purposes, please contact us using the contact details set out in our Privacy Policy. You agree that as a holder of a Company Account or an Ordinary User Account, you will be automatically added to our email newsletter for product and promotional updates. If you do not wish to receive these newsletters, you will be given the option to unsubscribe in the newsletter.

 

Disclaimers

Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law, all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded.

Use of the Site and the Services is at your own risk. The Services and everything on the Site is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Kandooi make any express or implied representation or warranty about the Services or any products or Services (including the Services of Kandooi) referred to on the Site. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

  • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
  • the accuracy, suitability or currency of any information on the Site or any of its Services or related products (including third party material and advertisements on the Site); and
  • costs incurred as a result of you using the Site, the Services or any of the products of Kandooi.

The Site or the Services may display, include or make available content, data, information, applications or materials from third parties or provide links to certain third party web sites. To the maximum extent permitted by applicable law, Kandooi does not warrant or endorse and will not have any liability to you or any other person for any third party services, content or web sites which are provided solely as a convenience to you.

Because we do not control interactions among between Contracting Companies and Contractor Companies and because we cannot guarantee the true identity, background experience or qualifications of Contracting Companies and Contractor Companies, you agree that you bear all risk and you agree to release us (and our affiliates, directors, officers, employees, agents, contributors and licensors) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Site or Services.

Kandooi has no control over the quality, safety or legality of the items or content posted on the Site by any Admin User or Ordinary User or any third party, the truth or accuracy of any posting, the ability of the Contractor Company to provide the services or the ability of Contracting Company to buy services. We cannot censure and do not guarantee that a Contractor Company or Contracting Company will actually complete a transaction or act lawfully in using the Site. Kandooi is not responsible for any offensive, inappropriate, obscene or unlawful content or actions that you may encounter on the Site or in connection with your use of the Services.

Kandooi is not a referral service. Kandooi does not select or endorse any individual Contractor Company. While Kandooi uses commercially reasonable efforts to verify that the Contractor Companies have valid qualifications, it does not make any warranty, guarantee, or representation as to the ability, competence, quality or qualifications of any Contractor Company. Kandooi encourages you to make all necessary enquiries and satisfy yourself as to whether the Contractor Company meets your requirements and objectives. Under no circumstances shall we be liable for any damages whatsoever as a result of losses caused to you by any person or entity that you engage as a consequence of using the Site.

 

Limitation of liability

Except to the extent the law provides that liability is not able to be excluded, in no event will Kandooi or its affiliates or licensors and their respective employees, officers, successors and assigns be liable for any incidental, indirect, special, consequential or punitive damages, or for any damages whatsoever (including, without limitation, damages for injury to person or property, for loss of profits, business interruption, loss of data suffered, loss of business information, loss of privacy, cost of procurement of substitute goods or services, failure to meet any duty and negligence) which may be suffered or incurred or which may arise directly or indirectly from your access and use of the Site or Services.

Kandooi reserves the right to amend, terminate, suspend, cancel or discontinue any aspect, function or feature of this Site at any time, without notice or liability.

Kandooi is not liable for the actions or omissions of any Contractor Company performing services to you.

You understand that we are not a party to and will not have any liability with respect to:

  • your work or engagement with the Contractor Company. Any claims you have arising out of the services obtained from a Contractor Company is to be brought against the Contractor Company not Kandooi; or
  • non-payment by the Contracting Company. Any claims regarding payment owed by a Contracting Company are to be brought against the Contracting Company not Kandooi.

and you indemnify Kandooi from all claims, suits, demands and legal actions arising from any and all disputes between a Contracting Company and a Contractor Company.

Kandooi will have no liability for any failure or delay due to matters beyond our reasonable control.

Indemnity

You agree to indemnify Kandooi and its officers, directors, employees, sublicensees, agents, affiliates, successors and assigns from and against any and all claims, damages, liabilities, losses, settlements, costs and expenses (including, without limitation lawyers’ fees and court costs) which arise out of or relate to your use of the Site and/or Services, including but not limited to:

  • any misuse of the Site or Services by you, including and without limitation, any dishonest, inaccurate, incomplete, fraudulent, negligent, wrongful, unlawful, or criminal act or omission by you;
  • any act or omission (including negligent acts or omissions) of the Contractor Company in the performance or purported performance of any Services;
  • your breach of the Terms;
  • any activity which you engage on or through Kandooi.
  • This indemnity will survive termination of the Terms.

 

Termination of Contract

The Terms will continue to apply until terminated by either you or by Kandooi as set out below.

If you want to terminate the Terms, you may do so by closing your accounts for all of the services which you use, where Kandooi has made this option available to you, or sending us a request in writing via the ‘Contact Us’ link on our homepage.

Kandooi may at any time, terminate the Terms with you if:

  • you have breached any provision of the Terms or intend to breach any provision;
  • Kandooi is required to do so by law;
  • the provision of the Services to you by Kandooi is, in the opinion of Kandooi, no longer commercially viable; or
  • if we cease to operate the Site.

Subject to local applicable laws, Kandooi reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Site or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Kandooi’s name or reputation or violates the rights of those of another party.

 

Competitors

If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Kandooi. Competitors are not permitted to use or access any information or content on our Site. If you breach this provision, Kandooi will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

Disputes between Contractor Company and Contracting Company

If a Contracting Company is unsatisfied with the work being performed by the Contractor Company, the Contracting Company must contact Kandooi at support@kandooi.com within 14 days from the date the Contractor Company finalises the work in question.

Kandooi will hear the Contracting Company’s complaint and discuss the Contracting Company’s complaint with the Contracting Company. If required and requested by the Contracting Company, Kandooi will also attempt to negotiate a resolution with the Contractor Company.

If the Contracting Company is still unsatisfied with the outcome, the Contracting Company acknowledges that it is solely responsible for taking further action to resolve its dispute with the Contractor Company. The Contracting Company further acknowledges that Kandooi’s liability, if any, will be limited pursuant to clause 13 of these Terms. 

Dispute Resolution

  • Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sort).
  • Notice: A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
  • Resolution: On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
    • Within ten (10) business days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
    • If for any reason whatsoever, ten (10) business days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Dispute Centre or his or her nominee;
    • The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
    • The mediation will be held in Sydney, New South Wales, Australia.
  • Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
  • Termination of Mediation: If ten (10) business days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

General

You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms.

If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

These Terms constitute the full and complete agreement between the parties relating to the subject matter contained in these Terms and supersede any and all previous Terms, understandings, negotiations and representations between the parties in respect of all matters dealt with in these Terms.

Both parties confirm and declare that the provisions of these Terms are fair and reasonable and both parties have taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or general grounds of restraint of trade.

Without limiting any other term in these Terms, we may at any time in our discretion (and without notice):

  • alter or withdraw any functionality on the Site;
  • withdraw or suspend your access to all or any part of the Site, or to your Company Account or Ordinary User Account;
  • monitor your use of the Site;
  • subject to any applicable laws, treat any user content as non-confidential and non-proprietary; or
  • edit or remove any user content.

These Terms are governed by the laws of New South Wales, Australia and each party submits to the exclusive jurisdiction of the courts of New South Wales, Australia.