Terms of Service

CanYa - Terms of Service

CanYa Technologies Pty Ltd ACN 613 845 837 doing business as CanYa ("CanYa", "we" or "us") operates an online platform ("CanYa Services").

Before signing up and using CanYa you must agree to these Terms of Service.

PLEASE READ THESE TERMS and ALL CANYA POLICIES including the Privacy Policy, the Fees and Charges Schedule, before using the services offered by CanYa.

Use of the CanYa Platform or use of the CanYa Services confirms that You agree to be bound by this Agreement.

DEFINITIONS

User: A User who uses CanYa to book and pay for work to be done by the Provider.

Provider: A service Provider; the person doing the work.

NCP: No cancellation period as set by the Provider.

CanYa Ambassador: An individual or entity who undertakes business to promote CanYa at the agreement of CanYa.

Relationship

CanYa is a services marketplace and booking platform to allow Users and Providers to connect, chat, call, book and pay each other for work. Providers listed on CanYa are self employed, independent contractors and businesses advertising their professional services. Providers set their own prices, availability and schedules and quote jobs using their professional expertise. Service Providers do not represent CanYa and CanYa does not represent or speak on behalf of service Providers. Providers are not employees of CanYa. 

Providers may have their own insurance but CanYa neither mandates or verifies Provider insurance. Users must ask Providers for their insurance details.

CanYa ambassadors are self-employed individuals who can engage with CanYa to earn rewards (cash or CanYa rewards). CanYa ambassadors are not employees of CanYa.

Warranty

The quality of work performed by a Provider is the Provider’s responsibility. CanYa is not responsible for any aspect of a Provider’s work including timeliness, quality or reliability. Users are encouraged to read Provider reviews and check qualifications prior to requesting work. CanYa provides a chat & VoIP feature to communicate with the service Provider prior to confirming a job booking.

CanYa does not offer a warranty or insurance of any kind regarding the quality of a job performed by a Provider.

It is a condition of this agreement that you agree that CanYa has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users or Providers, including, but not limited to, the ability of Providers to perform tasks or supply items, or the honesty or accuracy of any information provided by Users or the Users' ability to pay for the services or goods requested.

Profiles

All profiles are written by the respective User or Provider, and contain Private Content and Public Content. Private content is used for purposes of ID verification, and includes full name, email, number and photo ID. Private content is expressly owned by the User, and will not be made public on the CanYa Platform.

Public content includes display name, photos, work address, business details, qualifications and licence numbers. This information can be viewed by all CanYa users.

 If you see any offensive content, please use the ‘report content’ button in-app, or contact support@canya.com.au. CanYa is not responsible for offensive content but will take action to investigate and if necessary remove offensive content once it it brought to our attention.

Providers can update photo’s and details of relevant professional qualifications. CanYa does not perform any independent verification of these profiles. We recommend Users contact Providers and check qualifications with independent government bodies prior to confirming any jobs.

Profiles are not written, controlled or audited by CanYa. If you see any unauthorised use of trademarks, please contact the relevant User/Provider and ask for them to remove the relevant content. If you need further assistance, please contact support@canya.com.au

Provider fees (call-out, hourly, flat-rate) are indicative only. The Provider may, at their discretion, increase or decrease the final invoice amount after the job is done.

By creating a profile in the CanYa platform, you grant CanYa the rights to use your CanYa image(s) and branding for promotion and marketing purposes.

Categories

Categories in the ‘List’ screen are ranked alphabetically. Providers inside each category are ranked according to quality, price or availability as selected. The Quality metric is based on CanYa Points which accrue to Providers based on ratings and transactions completed in-app.

Providers who have a good reputation (good reviews, lots of bookings) will be rewarded with a higher ranking and in turn may be able to charge higher fees. As a result of direct personalised bookings, the direct goal of CanYa is to drive a positive feedback loop of higher quality work which in turn allows Providers to charge higher rates.

Booking Requests

A User requests a job quote by sending a description of the job. The User should attempt to provide as much information as possible to receive the most accurate quote from the Provider. The CanYa platform will not allow a User to request a booking outside of a Provider’s scheduled availability, however the Provider may quote any time they wish.

A User is required to have a valid credit-card on record before commencing a booking.

Job Broadcast

A job broadcast ( “get quotes") is an indirect booking request. The CanYa platform will attempt to gain quotes from nearby Providers who are available. Requests will be sent out to Providers in the registered category with priority given to higher quality Providers. This is an automated process and CanYa does not audit or verify the qualifications of Providers who are sent job requests. The User is encouraged to read Provider profiles and reviews before confirming a booking.

Quotes

All quotes given by Providers are estimates only. The Provider may adjust the final invoice to take into account the time of the job, materials used and difficulty of the task.

Job timings are given by the Provider and are estimates.

Confirming Jobs

When a User taps ‘confirm job’, they agree to the conditions in this document.

Cancellations

The NCP period is a contract between the User & Provider. When a Provider creates a profile, they have the option of setting a NCP period. If a User books a Provider then cancels within the NCP period, the Provider may charge a fee (typically 20% of the quoted amount) to the User. Please see Fees and Charges for updated fees.

Any NCP fees are paid to Providers (minus fees) to compensate for a late notice cancellation and disruption to their schedule or to compensate for materials, preparation time and so on. 

CanYa will act as the payment service for the Provider. All disputes regarding NCP should be directed towards the Provider. With the Provider’s permission, CanYa may be able to assist reversing any NCP fees that were made in error or in unusual circumstances.

If the Provider cancels before or after a job starts, the NCP does not apply, however the Provider may see a reduction in their completion rate.

Payments

Prior to booking any job, a $1 pre-authorisation check is performed on the Users credit card to make sure it is active. If you see this on your card bill, it should disappear within 1 week.

Upon completion of a job, the Provider will finalise an invoice. The Provider may at their discretion edit times and add materials before sending the final invoice to the User.

The Provider may at their discretion select ‘card’ or ‘cash’ payment. If ‘cash’ is selected, the Provider must take the cash from the User themselves. A CanYa booking fee will be debited from the Client & Provider in separate transactions. If the Provider or Client has insufficient funds in their account balance, their registered credit card will be charged to make up for the shortfall.

If the Provider selects ‘card’, the User will receive an in-app notification and email with details of the payment. The User should review the invoice and pay, or tap ‘help’ if there are any problems.

If the User believes there is an error with the invoice, they should communicate with the Provider using free CanYa chat & VoIP. The Provider can amend/edit the invoice at any time prior to the User paying.

If the User does not dispute a final invoice, absent of any action, the User will automatically pay the Provider after three days.

By buying or selling goods or services using the CanYa Services You agree to be bound by the Escrow Provider's Privacy Policy and hereby consent and authorise CanYa and the Escrow Provider to share any information and payments instructions You provide with one another and, to the extent required to complete your transaction, with any other third party service provider(s). By registering and creating an account with CanYa, You agree to be bound by Escrow Provider's terms and conditions.   

Minimum Age

CanYa Users and Providers must be 18 years or older to use the CanYa platform.

VoIP

The VoIP system inside CanYa is free to use, however it does use data and fees may apply from your mobile network carrier. We are not responsible for this. 

Tax

As part of the service that CanYa provides Providers, CanYa may issue a tax invoice to the User on behalf of the Provider. If the Provider work category has ticked “Registered for GST” and entered an ABN, the invoice will show “ Prices include GST”.

For GST calculations, CanYa operates as an Agency model as per the ATO guide.

CanYa is the ‘agent’. The User is the ‘Customer’ and Provider is the ‘principal’. The customer pays the full amount to CanYa and CanYa pays the Provider the full amount less commission.

CanYa provides a GST summary to Providers in the Main Menu > Account > Summary page. The total will include all revenue from categories registered for GST and may assist in filling out Bas summaries. Providers should contact a tax professional to seek advice.

Upon completion of a job paid through CanYa, we will issue three emails:

  1. A tax invoice to the User on behalf of the Provider [if selected],
  2. A tax invoice to the User from CanYa [booking fee; if applicable]
  3. A tax invoice to the Provider from CanYa (booking fee)

Welcome & Referral Bonus

CanYa may apply a Welcome/Referral Bonus (WB) when signing up to the CanYa platform. The WB will be applied to Users as credit towards paying for a job. For small jobs, the WB may be split up to be applied across several jobs.

CanYa Fees

CanYa charges fees only when a job is successfully paid for through the platform. There are no annual subscriptions or fees for ‘leads’. The CanYa booking fees cover use of CanYa’s services in providing a platform for Providers to advertise their services, generate bookings, use the inbuilt Chat/VoIP system, payment system and automatically issue invoices & GST summaries. The User booking fee covers card payments and use of the app to find, book and communicate with Providers.

See Fees and Charges for latest fees. 

Refunds

CanYa will refund any booking fees in accordance with Australian Consumer Law (ACL).

For refunds on Provider job fees, please contact your Provider.

Reviews

If reviews contain offensive or inaccurate content, please email support@canya.com.au for assistance.

Dispute Resolution

CanYa is a platform to find, book, pay and communicate. All bookings and work done are contracts between the Provider and User outside of CanYa. CanYa does not offer any form of dispute resolution besides offering the CanYa platform as a communication tool to assist in resolving disputes.

If a User does not want to pay a finalised invoice, they may tap ‘help’ then ‘suspend payment’. This will remove all automated payments from the job and it will require manual input to resolve. When a finalised invoice is marked as disputed, the dispute can be resolved by:

  • The providing re-issuing an invoice (amending the original to increase or decrease the price), or
  • The User can pay the invoice.

CanYa will not act to intervene in any dispute. If either party cannot use the CanYa platform to resolve their dispute, we recommend using legal mediation or enforcement options such as small claims courts in the jurisdiction the work was performed.

If a User or Provider believes that the CanYa platform made an error, please contact support@canya.com.au

Insurance

CanYa is a market place for providers and users to connect. CanYa offers no insurance of any kind to providers, users or ambassadors. You strictly agree to maintain appropriate insurance for the activities you wish to provide through CanYa.

CANYA AMBASSADOR AND CANYA REWARDS

CanYa may offer you the opportunity to act as a CanYa ambassador. An individual becomes a CanYa ambassador when designated as such by an authorised member of CanYa. A CanYa ambassador is an individual or entity with a strong community following who may use their connections to encourage people to use the CanYa service. 

CanYa may offer rewards to CanYa ambassadors for successful referrals and ongoing usage as a result of referrals. 

  • Direct referral commission - approximately 10% of the CanYa PROFIT of any specific jobs completed (either paid for or earned by) the referee
  • Secondary referral commission - approximately 15% of the CanYa PROFIT of any specific jobs completed by the secondary referee.

CanYa may elect to set a minimum cash amount which must be attained before Rewards can be withdrawn as cash ($20 AUD as of 01 January 2017).

The minimum amount that will be paid for a CanYa Rewards referral commission will be $0.05. In the most restrictive case, this equates to a $20 job being required in order to receive the $0.05 minimum referral commission.

Rewards paid as CanYa credit cannot be withdrawn as cash, and can only be spent in the CanYa platform. 

The CanYa Ambassador program will end on 31 December 2017, however may be extended by CanYa at CanYa's complete discretion. 

It is a condition of this agreement that CanYa may vary, alter, suspend or cancel the rewards offered to CanYa Ambassadors at any time. In the event of alteration of the terms regarding CanYa Ambassadors CanYa will honour all accrued credits owed to ambassadors according to the agreement in force at the time. 

Fair Play Policy and the CanYa Ambassador Program

If on the balance of probabilities, CanYa has reasonable belief that you have used exploitative or unfair means to advantage you in gaining fake or repetitive installs or use in order to benefit your CanYa Rewards or Ambassador payouts, then we reserve the right to cancel your account and any credit or cash value associated with your account.

IDENTITY VERIFICATION

CanYa includes a feature that allows users to upload a photo ID, which is then verified by CanYa staff. A user may earn a "ID Verified" badge. 

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

CanYa Platform Users are solely responsible for identity verification and CanYa accepts no responsibility for any use that is made of a CanYa Identity Verification Service.

USER’S AND PROVIDERS OBLIGATIONS

You agree that at all times:

  • You will comply with this Agreement (including all CanYa Policies) and all applicable laws and regulations;
  • You will post only true, correct and accurate information on the CanYa Platform;
  • You will promptly and efficiently perform all your obligations to other CanYa Users under a Task Contract and to CanYa under this Agreement;
  • All content (whether provided by CanYa, a User or a third party) on the CanYa Platform may not be used on third party sites or for other business purposes without CanYa’s prior permission; and
  • You will ensure that You are aware of any laws that apply to You as a User or a Provider, or in relation to any other way(s) that You use the CanYa Platform.

You must not use the CanYa Platform for any illegal or immoral purpose.

You grant to CanYa an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any public content and information posted on the CanYa Platform for the purpose of including that material and information on the CanYa Platform and as otherwise may be required to provide the CanYa Service, for the general promotion of the CanYa Service and as permitted by this Agreement.

Any information posted on the CanYa Platform must not, in any way whatsoever, be potentially or actually harmful to CanYa or any other person. "Harm" includes, but is not limited to, economic loss that will or may be suffered by CanYa. Without limiting any provision of this Agreement, any information You supply to CanYa must be up to date and kept up to date and must not:

  • be false, inaccurate or misleading or deceptive;
  • be fraudulent or involve the sale of counterfeit or stolen items;
  • infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
  • violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
  • be defamatory, libellous, threatening or harassing;
  • be obscene or contain any material that, in CanYa's sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images;
  • contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any CanYa Platform, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information.

You must have the right to provide goods and services under a Service Contract and to work in Australia. You must comply with your tax obligations in relation to any payment received under a Service Contract.

When You enter into a Service Contract using the CanYa Platform You create a legally binding contract with another CanYa User, unless the transaction is prohibited by law or by this Agreement (including the CanYa Policies). If You do not comply with your obligations to another CanYa User under a Service Contract, You may become liable to that other User. If another User breaches any obligation to You, You - not CanYa - are responsible for enforcing any rights that You may have with that User.

Provider Details Requirements - Licensing of Tradespersons

It is a condition of use of CanYa that you agree to be personally responsible for ensuring you display appropriate licence and qualification details in accordance with relevant state and territory regulations and laws. The CanYa App provides you with the ability to upload and display the necessary qualifications and licence details. 

CanYa does not provide verification of licence details displayed by providers. You agree that as a user you are required to ensure licence details are correct by contacting relevant state and territory authorities prior to engaging the services of a provider through CanYa. 

More information on trade licensing can be found at the following websites:

NT

http://www.health.nt.gov.au/index.aspx

http://www.electricallicensing.nt.gov.au/

http://www.architects.nt.gov.au/

http://www.bpb.nt.gov.au/home

http://www.plumberslicensing.nt.gov.au/index

http://www.worksafe.nt.gov.au/home.aspx

WA

http://www.architectsboard.org.au/

http://www.buildingcommission.wa.gov.au/building-commission

http://www.public.health.wa.gov.au/

http://www.commerce.wa.gov.au/energysafety/Content/About_us/Boards_and_committees/Electrical_Licensing_Board.html

http://www.plumbers.wa.gov.au/index.html

http://www.commerce.wa.gov.au/WorkSafe/

QLD

http://www.qbcc.qld.gov.au/

http://www.boaq.qld.gov.au/AM/Template.cfm?Section=Home

http://www.justice.qld.gov.au/

http://www.hpw.qld.gov.au/construction/BuildingPlumbing/Plumbing/PlumbingIndustryCouncil/Pages/default.aspx

http://www.health.qld.gov.au/

VIC

http://www.health.vic.gov.au/

http://www.pic.vic.gov.au/www/html/7-home-page.asp

http://www.worksafe.vic.gov.au/home

http://www.arctick.org/index.php

http://www.esv.vic.gov.au/

http://www.arbv.vic.gov.au/Pages/default.aspx

http://www.arctick.org/index.php

SA

http://www.cbs.sa.gov.au/

http://www.archboardsa.org.au/

http://www.sa.gov.au/subject/health+and+wellbeing

http://www.safework.sa.gov.au/

TAS

http://architectsboardtas.org.au/

http://workplacestandards.tas.gov.au/

NSW

http://www.architects.nsw.gov.au/

http://www.fairtrading.nsw.gov.au/default.html

http://www.police.nsw.gov.au/services/security_licensing_and_enforcement_directorate

ACT

http://www.actpla.act.gov.au/

http://www.actpla.act.gov.au/topics/your_say/advisory_panels/act_architects_board

If CanYa determines at its sole discretion that You have breached any obligation under this clause, it reserves the rights to remove any content, job or Offer You have submitted to the CanYa Service or cancel or suspend Your account.

LIMITATION OF LIABILITY

Except for liability in relation to breach of any implied condition, warranty or guarantee, including under the Competition and Consumer Act 2010 (Cth), the exclusion of which from a contract would contravene any statute or cause any part of this Agreement to be void ("Non-excludable Condition"), to the extent permitted by law CanYa specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between Users and Providers.

Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, CanYa specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between You and any Third Party Service Provider who may be included from time to time on the CanYa Platform.

Except for liability in relation to a breach of any Non-excludable Condition, CanYa's liability to any User of this service is limited to the total amount of fees paid by that User to CanYa during the twelve month period prior to any incident causing liability of CanYa.

CanYa's liability to You for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.

NO AGENCY

No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular You have no authority to bind CanYa, its related entities or affiliates in any way whatsoever. CanYa confirms that all Third Party Services that may be promoted on the CanYa service are provided solely by such Third Party Service providers. To the extent permitted by law, CanYa specifically disclaims all liability for any loss or damage incurred by You in any manner due to the performance or non performance of such Third Party Service.

NOTICES

Except as stated otherwise, any notices must be given by registered ordinary post or by email, to CanYa's contact address as displayed on the CanYa Platform. Any notice shall be deemed given:

  •  if sent by email, 24 hours after email is sent, and
  •  if sent by pre-paid post, three Business Days after the date of posting, or on the seventh Business Day after the date of posting if sent to or posted from outside Australia. 
  • Notices related to performance of any Third Party Service must be delivered to such Third Party.

TERMINATION

Either party may terminate an account and this Agreement at any time for any reason.

Termination of this Agreement does not affect any Task Contract that has been formed between CanYa Users. If You have entered a Task Contract You must comply with the terms of that Task Contract including providing the goods or services or paying the price as applicable.

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

Fees, Limitation of Liability and Dispute Resolution and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.

GENERAL

This Agreement is governed by the laws of South Australia, Australia. You and CanYa submit to the exclusive jurisdiction of the courts of South Australia, Australia.

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.

This Agreement may be assigned or novated by CanYa to a third party without your consent. In the event of an assignment or novation You will remain bound by this Agreement.

This Agreement sets out the entire understanding and agreement between You and CanYa with respect to its subject matter.

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