This User Agreement (this “Agreement”) is a contract between you (“you” or “User”) and Localisys. You must read, agree to, and accept all of the terms and conditions contained in this Agreement in order to use our website located at www.localisys.com, including our mobile application. These Terms are important, and you should ensure that you read them carefully and contact us with any questions before you use the Site.

By using the Site and the App you acknowledge and agree that you’ve had the opportunity to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.

Services

Localisys provides a platform to allow people to post jobs, products and services, and events.

Workers can make an offer in response to a posted job.

A Job poster has the right to modify or revoke a job post before the offer gets accepted. Localisys reserves the right to cancel all offers on a posted job made prior to the amendment.

If a job poster accepts an offer on the application, a Contract is created between the Worker and the Poster.

Once contract has been created, the Job poster needs to pay Agreed Price into the Escrow Account.

The worker and the job poster may change the Contract on the Localisys mobile application. The job poster and worker may use the Localisys private messaging system for any proposed changes and modifications within the contract.

The worker has to perform the services required under the Contract, including in accordance with any additional terms or conditions agreed by the parties.

Once the Services are complete, the worker should provide notice on the mobile application that the job has been successfully completed. On the other hand, once the Services are complete, the job poster must also provide notice of completion to the mobile application.

Funds will be released from the Escrow account once the job has been completed and the job poster confirms the services are completed.

A review and feedback should be completed by both parties once the contract has been completed.

Localisys may provide a feature enabling Users to request Services based on another User’s skills, reputation or other attributes. When this occurs, that User will be automatically notified of the new Posted job, and that the Poster would like the User to make an Offer to provide Services. However, that User will not have any further special rights and will need to follow the normal offer process to become the worker for the posted job.

Localisys Roles and Obligations

Localisys simply provides the platform enabling Users to post jobs and make Offers on posted jobs.

You must be 18 years of age or older in order to use the Application.

Users should be natural persons, but can mention within their profile that they represent a business entity.

Localisys has the right to refuse, to allow any person to register, create an account with Localisys, to cancel or suspend any existing account at its own discretion.

Registration and mobile app usage with Localisys is free. There is no charge for a job poster to post jobs, or for other Users to review content on the Platform, including Posted jobs.

Localisys accepts no liability for any aspect of the Job Poster and Worker interaction, including but not limited to the description, performance or delivery of Services.

Localisys has no responsibility as to the truth or accuracy of any aspect of any information provided by Users, including, but not limited to, the ability of workers to perform jobs, or the honesty and accuracy of any information provided by job posters or their ability to pay for the Services requested.

Except for liability in relation to any Non-excludable Condition, the Localisys Service is provided on an “as is” basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

Localisys has no obligation to Users to assist or involve itself in any dispute between Users, although may do so to improve User experience.

Products

Localisys is an application that allows users to offer, sell and buy just about anything in a variety of pricing formats and locations. The actual contract for sale is directly between the seller and buyer.

In line with using the Services you will not:

  • Post or upload content or items in inappropriate categories or areas on our sites;
  • Breach any laws, third-party rights or our systems.
  • Use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
  • Fail to pay for items that you purchased, unless you have a valid reason.
  • Fail to deliver items sold by you, unless you have a valid reason for example, the buyer fails to comply with the posted terms in your listing or you cannot contact the buyer;
  • Post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
  • Take any action that may undermine the feedback or ratings systems.
  • Transfer your account and user ID to another party without our consent;
  • Distribute or post spam, chain letters, or pyramid schemes;
  • Distribute viruses or any other technologies that may harm Localisys or the interests of other users;
  • commercialize Localisys application or any information or software associated with such application, except with the prior express permission of Localisys.

When a buyer or seller issue arises, we may consider the user’s performance history and the specific circumstances in applying our policies.

Selling Policies

Some of the most basic things you can do is to provide accurate and consistent details about your items and to be clear and specific about the terms and conditions of the sale. You must also make every effort to provide excellent customer service, including:

  • Charging reasonable shipping and handling fees.
  • Specifying your shipping and handling time, and return policy in your product description.
  • Responding to buyers’ questions promptly.
  • Being professional throughout the transaction.
  • Making sure the item is delivered to the buyer as described in your post.
  • Reviewing and updating product postings to make sure all information is accurate and up to date.

When selling an item, you agree to comply with Localisys selling policies as follows:

  • You are responsible for the accuracy and content of the item offered.
  • Content that violates any of Localisys’ policies may be modified, obfuscated or deleted at Localisys’ discretion.
  • We may revise product information associated with items being for sale to supplement, remove, or correct information.
  • We do our best to create a marketplace where buyers find what they are looking for. Therefore, the appearance of items in search and browse results will depend on a variety of factors, including, but not limited to:
    • buyer’s location, search query, browsing site, and history;
    • item’s location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
    • seller’s history, including listing practices, seller ratings,  policy compliance,

Feedback, and defect rate; and the number of listings matching the buyer’s query.

  • To drive a positive user experience, your product may not appear in some search and browse results regardless of the sort order chosen by the buyer.
  • If you post duplicate items, it will affect whether your product appears in search results.
  • We may provide you with optional recommendations to consider when selling your products. To drive the recommendations experience, you agree that we may display the sales and performance history of your individual products to those of other sellers.

Buying Policies:

When buying an item, you agree to the purchasing conditions as follows:

  • You are responsible for reading the full item description before making a commitment to buy.
  • You enter into a legally binding contract to purchase an item when you commit to buy an item.
  • We do not transfer legal ownership of items from the seller to the buyer.
  • You must pay for any item you commit to buying.
  • If you’re having a problem with a seller, be honest and have good intentions when you try to resolve a transaction problem. You can’t try to contact other potential buyers to “warn” them about a seller.

Events

Localisys enables you to arrange offline, real-world events and group activities.

Meeting Groups and Organising Events

  • Organisers may establish criteria for their groups and events.
  • Organisers may charge fees for events.
  • Using our mobile app involves meeting real people and doing real things in the real world, which can sometimes lead to unexpected situations. We can’t control what happens in the event, and we are not responsible for it. You should use common sense and good judgment when interacting with others.

Your Content and Content of Others

  • We do not own the Content that you post. However, we do require that you provide sufficient details in order for us to operate, improve, promote, and protect Localisys and our Platform for your benefit and the others.
  • Localisys does not control the Content of other members. When we become aware of inappropriate Content on our Platform, we reserve the right to investigate and take appropriate action, but we do not have any obligation to monitor, nor do we take responsibility for, the Content of other members.
  • Localisys is not a party to any offline arrangements made through our Platform. Localisys does not conduct or require background checks on members, and does not attempt to verify the truth or accuracy of statements made by members. Localisys makes no representations or warranties concerning the conduct or Content of any members or their interactions with you.

User Obligations

  • You must not use the Localisys Application for any illegal purpose.
  • You must notallow others to use your account, or by transfer or sellyour account to another person.
  • You agree that any information posted on Localisys must not be potentially or actually harmful to Localisys or any other person. Harm includes economic loss that may be suffered by Localisys.
  • Localisys may from time to time engage location-based or map-based functionality. The mobile application may display the location of users and workers to the person browsing the app. Each user will be asked to provide the street and suburb where

Services are to be delivered. A job poster should never disclose personal details such as the full name, street number, phone number or email address in a job post or in any other public communication on Localisys.

  • You must not request payments outside Localisys.
  • If a worker agrees to pay some costs of completing the Services (such as equipment to complete the Services), the worker is solely responsible for obtaining any reimbursement from the job poster.
  • If we determine that you have breached any obligation, it reserves the rights to remove any content, posted job or offer you have submitted to Localisys or cancel or suspend your account.

Payments and Refunds

If the job poster and the worker agrees to cancel the contract within Localisys guidelines, then we will pay the worker funds held in the Escrow Account to the job poster.
If a contract is cancelled, Localisys will retain the service fee and the cancellation will be attributed to the worker unless the worker can provide evidence that the job poster caused the cancellation of the Contract.

If cancelled by the job poster, the job poster should pay the Cancellation Admin Fee. The Cancellation Admin Fee will be equal to the Service Fee that has been charged to the worker under the relevant contract.

If the parties agree to any additional cancellation fee payable under the Contract, it is the responsibility of the party aggrieved to claim any amount owed directly from the other.

If, for any reason, the worker’s funds cannot be transferred or otherwise made to the worker or returned to the job poster (as the case may be) or no claim is otherwise made for the worker’s funds, the worker’s funds will remain in the Escrow Account until paid or otherwise for up to three months from the date the job poster initially paid the agreed price into the Escrow Account.

Payment Facility

Localisys Escrow provides escrow services to users to deliver, hold, or receive payment for an engagement, and to pay service, goods and payment processing and administration fees to Localisys.

If Localisys changes its payment provider or Escrow Provider you may be asked to agree to any further additional terms with those providers. If you do not agree to them, you will be given alternative means of payment.

Fees

Upon the creation of a contract, the worker owes Localisys the Service Fee. The Service Fee will automatically be deducted from the Agreed Price held in the Escrow Account.

Localisys may restrict a User’s account until all Fees have been paid.

Localisys may set-off any fees against any worker’s funds held by Localisys on behalf of a User.

If the job requires a worker to incur costs in completing the Services, the cost incurred will not be included in any calculation of Fees.

All Fees and charges are non-cancellable and non-refundable.

Fees do not include any fees that may be due to Third Party Service providers. All Third Party Service providers are paid conforming to the user’s separate agreement with that Third Party Service provider.

Dispute Resolution

With respect to disputes arising between users, you agree to abide by the dispute resolution provisions set forth in the Escrow Instructions that apply to your particular contract.

If a dispute arises, you should cooperate with the other user and make a genuine attempt to resolve the dispute.

Localisys encourages you to try to resolve disputes with other users directly. You acknowledge and agree that Localisys may, in its absolute discretion, provide your information as it decides is suitable to other parties involved in the dispute.

We have the right to hold any Agreed Price that is the subject of a dispute in the Escrow Account, until the dispute has been resolved.

Disputes with any Third-Party Service provider must proceed in accordance to any dispute resolution process set out in the terms of service of the Third-Party Service provider.

If by any chance Localisys provides information about other users to you for the purposes of resolving disputes, you agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will indemnify Localisys against any claims relating to any other use of information not permitted by this Agreement.

If you have any complains about the Localisys’ service, please contact us.

Verification

When you register for an Account and from time to time thereafter, your Account will be subject to verification, including, but not limited to, validation against third-party databases. You authorize Localisys to make any inquiries necessary to validate your identity and confirm your ownership of your email address or financial accounts, subject to applicable law. When requested, you must provide us with information about you and your business.

You agree that Localisys Identity Verification Services may not be fully accurate as all Localisys Services are dependent on User-supplied information and/or information or verification services provided by third parties.

Localisys Identity Verification Services may be modified at any time.

You are solely responsible for identity verification – Localisys accepts no responsibility for any use that is made of an Localisys Identity Verification Service.

Usernames and Passwords

When you register for an Account, you will be asked to choose a username and password for the Account.

You are entirely responsible for safeguarding and maintaining the confidentiality of your Account username and password. You authorize Localisys to assume that any person using the mobile application with your username and password, either is you or is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to your password. You further agree not to use any username, or password of another User that you are not authorized to use, and not to allow others who are not authorized to do so to use your Account at any time.

Termination

You and Localisys at its sole discretion may terminate your account and this Agreement at any time for any reason.

Third Party Services are subject to Third Party Service provider terms and conditions.

Termination of this Agreement does not affect any contract that has been formed between Localisys Users. If You have entered a contract you must comply with the terms of that contract including providing the services or paying the Agreed Price as applicable.

If your account or this Agreement is terminated for any reason then you may not create any further accounts with Localisys. We will terminate all accounts that you operate.