1.0 Basic Principles

• 1.1 Whala serves as a platform that connects users seeking professional trade services with skilled and qualified tradespeople known as “Whala Pros”. Whala does not directly provide trade services.

• 1.2 Whala Pros are independent contractors operating under the Whala brand. They are not employees of Whala, but rather, they utilise the platform to offer their services to users.

• 1.3 Users can book a Whala Pro for a timeframe that best suits their needs and requirements. The platform enables users to view Whala Pros' availability and select a convenient time for their project. The exact scope of work to be performed by the Whala Pro can be discussed, advised, and revised as needed once the Whala Pro is on-site. This ensures that both the user and the Whala Pro have a clear understanding of the project requirements and expectations and can enjoy hassle-free payment processing.

• 1.4 All payments for services provided by Whala Pros are made securely through the Whala App. Users can trust that their financial information is protected, and Whala Pros

• 1.5 Both users and Whala Pros are encouraged to provide feedback on the services rendered. This helps maintain the high-quality standards of the Whala community and allows for continuous improvement in the services offered.

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2.0 Whala Obligations

• 2.1 Whala's primary role is to provide the platform that facilitates connections, booking, and payments between users seeking professional trade services and skilled, qualified Whala Pros. Whala does not directly offer or perform trade services.

• 2.2 Whala only permits individuals who are 18 years or older to use the platform, both as users and Whala Pros.

• 2.3 Whala reserves the right to cancel or restrict access to the platform for any user or Whala Pro at its absolute discretion, ensuring a safe and reliable community.

• 2.4 Whala does not charge a fee for registering as a user or Whala Pro on the platform.

• 2.5 Whala accepts no liability for any aspect of the interaction between the Whala Pro and the user, including but not limited to service quality, communication, or disputes.

• 2.6 Whala makes every effort to ensure that all Whala Pros carry the necessary qualifications and insurances to provide their services. However, ultimate responsibility for verifying these credentials lies with the user.

• 2.7 Users understand and agree that Whala is not a trade services company and that Whala Pros are subcontractors working directly for the user. Users agree to expressly release, indemnify, and hold harmless Whala from any and all loss, liability, injury, death, damage, or costs arising or in any way related to the services provided by Whala Pros.

 

3.0 User Obligations

• 3.1 Users must comply with Whala's terms and conditions, as well as all applicable local laws and regulations.

• 3.2 Users must not use the Whala platform for any illegal or immoral purposes.

• 3.3 Users must not, under any circumstances, offer or suggest making any payments outside of the Whala app for any work performed by a Whala Pro. This includes payments for extra work or variations to the original scope, as well as payments for materials required to complete the job.

• 3.4 By using the Whala platform, users grant Whala an unrestricted, royalty-free licence to use, reproduce, modify, and adapt any content and information posted on the platform for the purpose of publishing material on the platform, providing the Whala service, and promoting Whala in general.

4.0 Pro Obligations

• 4.1 Whala Pros must comply with all agreements, policies, and applicable laws and regulations in connection with their use of the Whala platform.

• 4.2 Whala Pros must maintain absolute discretion with regard to Whala's confidential information and trade secrets, ensuring they are not disclosed or shared with unauthorised parties.

• 4.3 Whala Pros must not use the Whala platform for any illegal or immoral purposes.

• 4.4 Whala Pros must maintain control over their Whala account and not allow others to access or use their account for any purpose.

• 4.5 Whala Pros must not, under any circumstances, offer or suggest making any payments outside of the Whala app for any work performed. This includes payments for extra work or variations to the original scope, as well as payments for materials required to complete the job.

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5.0 Fees

• 5.1 Users are charged a booking fee of $5 (Five dollars) AUD to reserve the Whala Pro for the time selected by the user. This booking fee is non-refundable should the user choose to cancel their booking.

• 5.2 Whala takes a percentage of the service fee payable to the Whala Pro to cover the costs of the operation and management of the Whala App.

• 5.3 Whala Pros are not permitted to add a margin to any goods or materials purchased for the purpose of completing the job.

• 5.4 All prices are fixed, transparent, and based on an hourly rate. Whala Pros are not permitted to increase their hourly rate.

• 5.5 Whala reserves the right to amend the hourly rates at any time. Any amendments will not apply to any work in progress.

 

6.0 Payments and Refunds

• 6.1 All payments are made via the Whala app by credit or debit card, using a secure payment method and held in trust. 

• 6.2 Users are charged a booking fee of $5 (Five dollars) AUD to reserve the Whala Pro for the time selected by the user. This booking fee is non-refundable should the user choose to cancel their booking.

7.0 Payment Facility

• 7.1 Whala uses a payment provider to operate the payment account, ensuring secure and efficient transactions.

• 7.2 Insofar as it is relevant to the provision of the Payment Account, the terms at https://stripe.com/ssa/ are incorporated into this Agreement and will prevail over this Agreement to the extent of any inconsistency in relation to the provision of the Payment Account.

 

8.0 Consent

• 8.1 By using the Whala platform, you consent to Whala and its third-party processors storing your personal information for the duration of your period as a user of the platform and up to 24 months after you terminate your profile on the platform.

• 8.2 This storage is necessary to maintain the quality and efficiency of the services provided by Whala and its third-party processors.

9.0 Feedback

• 9.1 As a user of the Whala platform, you have the right to review and provide feedback on Whala Pros upon the completion of your project. You can submit your review and feedback directly through the platform.

• 9.2 Whala reserves the right to suspend or terminate your account at any time if, in its sole and absolute discretion, Whala is concerned by any feedback or reviews submitted about your services or interaction with other users.

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10.0 Liability

• 10.1 Whala is not liable for any damages, injuries, or losses that occur directly or indirectly as a result of a Whala Pro's services.

• 10.2 Whala is not responsible for the quality, timeliness, or completion of the services provided by Whala Pros.

• 10.3 Whala is not responsible for any errors, omissions, or misrepresentations made by Whala Pros on the platform.

• 10.4 Whala is not liable for any personal injury or property damage caused by Whala Pros during the provision of services.

• 10.5 Whala is not liable for any unauthorised access to or use of User information or data.

• 10.6 Whala is not responsible for any loss or damage caused by the unavailability or malfunction of the platform.

• 10.7 Whala is not liable for any indirect, consequential, or incidental damages, such as loss of profits or business interruption, arising from the use of the platform or the services provided by Whala Pros.

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11.0 Privacy

• 11.1 Whala strives to allow users to transact anonymously on the Whala Platform. However, in order to reduce the occurrence of fraud and other behaviours that breach the Community Guidelines, Whala reserves the right to request that users verify their identity in order to maintain their user status on the platform.

 

12.0 Relationship

• 12.1 No agency, partnership, joint venture, employee-employer, or other similar relationship is created by this or any other agreement between Whala and Whala Pros. You have no authority to bind Whala, its related entities, or affiliates in any way whatsoever. To the extent permitted by law, Whala specifically disclaims all liability for any loss or damage incurred by you in any manner due to the performance or non-performance of Whala Pros and the third-party services they provide.

13.0 Mediation and Dispute Resolution

• 13.1 Whala encourages you to try and resolve disputes (including claims for returns or refunds) with Whala Pros directly. As such, you acknowledge and agree that Whala may, in its absolute discretion, provide your information as it deems appropriate to other parties involved in the dispute.

• 13.2 If a dispute arises, you must cooperate and make a genuine attempt to resolve the issue. Whala may elect to assist in disputes. Any user may refer a dispute to Whala. You must cooperate with any investigation undertaken by Whala.

• 13.3 Whala reserves the right to make a final determination (acting reasonably) based on the information supplied by the users and direct the payment provider to make payment accordingly. You may raise your dispute with the Whala Pro or Whala's determination in an applicable court or tribunal.

• 13.4 Whala may provide access to a third-party dispute service. If such a service is provided, either party may request the other party to submit to the third-party dispute service if the parties have failed to resolve the dispute directly. Terms and conditions for the third-party dispute service will be available on request. The third-party dispute service is a third-party service, and users are responsible for paying any costs associated with the third-party dispute service in accordance with the third-party dispute service terms and conditions.

• 13.5 Disputes with any third-party service provider must proceed pursuant to any dispute resolution process set out in the terms of service of the third-party service provider. If you have a complaint about the Whala service, please contact us at the email address provided.

• 13.6 If Whala provides information to you for the purposes of resolving disputes under this clause, you acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will be responsible and liable to Whala for any costs, losses, or liabilities incurred by Whala in relation to any claims relating to any other use of information not permitted by this agreement. Whala has the right to hold any Agreed Price that is the subject of a dispute in the Payment Account until the dispute has been resolved. 

14.0 Termination

• 14.1 You may terminate your account and this agreement at any time, provided there is no work in progress being performed by a Whala Pro.

15.0 General

• 15.1 This agreement is governed by Australian law.

• 15.2 The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.

• 15.3 This Agreement sets out the understanding and agreement between the User, the Whala platform, and Whala Pros, with respect to its subject matter.

16.0 Disclaimer 

• 16.1 Whala is provided on an "as-is" and "as-available" basis, without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

• 16.2 Whala does not guarantee the accuracy, completeness, or reliability of any information provided on the platform, including information about Whala Pros, their services, or their qualifications.

• 16.3 Whala does not endorse or recommend any specific Whala Pro, and the decision to engage a Whala Pro is solely the responsibility of the user.

• 16.4 Whala is not responsible for any actions or inactions of Whala Pros, and any issues or disputes arising from their services should be addressed directly with the Whala Pro.

• 16.5 Whala does not warrant that the platform will be error-free, uninterrupted, or secure, and the platform may be subject to occasional technical issues or maintenance.