Customer Terms & Conditions
Last updated on: 01 Feb 2021
Thank you for using Assistance Anytime .
1. Acceptance of Terms
These Terms of Service (the “Terms”) are intended to make you (the (“users” “you” “your”) aware of your legal rights and responsibilities with respect to your access to and use of the Assistance Anytime (within Australia) website (www.assistanceanytime.com) (the “Site”) and its attached web pages and any related mobile or software applications (“Assistance Anytime Platform”) including but not limited to delivery of information via the website whether existing now or in the future that link to the Terms (collectively, the “Services”)”) made available by Meshi Webtech Consultants Australia Pty Limited (ACN 617 889 362) through its Registered Trade Mark name Assistance Anytime, a private limited company established in Australia, referred as “Assistance Anytime”.
Please read these Terms and conditions carefully. By accessing or using the Assistance Anytime Platform, you are agreeing to these Terms and Conditions and concluding a legally binding contract with Meshi Webtech consultants Australia Pty Limited and/or its affiliates and/or it partners (hereinafter collectively referred to as “Assistance Anytime”). . If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior written agreements with you( If any).
In order to use the Services, you must first agree to the Terms. You can accept the Terms by:
· Clicking to accept or agree to the Terms, where it is made available to you by Assistance Anytime during the customer sign up process , anywhere in the site and in the user interface for any particular Service; or
· Actually using the Services. In this case, you understand and agree that Assistance Anytime will treat your use of the Services as acceptance of the Terms from that point onwards.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Eligibility to use the services
(i) You hereby represent and warrant that you are at least eighteen (18) years of age or above or the age of legal majority in your jurisdiction (if different than 18), and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.
(ii) Compliance with Laws. You are in compliance with all laws and regulations of Australia when you access and use the Services. You agree to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party(ies).
Assistance Anytime may restrict you from accessing or using the Services, or any part of them, immediately, without notice, in circumstances where Assistance Anytime reasonably suspects that:
(i) you have, or are likely to, breach these Terms;
(ii) and/or you do not, or are likely not to, qualify, under applicable law or the standards and policies of Assistance Anytime and its affiliates, to access and use the Services.
Assistance Anytime may terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof: immediately, where Assistance Anytime reasonably suspects that:
(i) you have, or are likely to, materially breach these Terms;
(ii) and/or you do not, or are likely not to, qualify, under applicable law or the standards and policies of Assistance Anytime and its affiliates, to access and use the Services;
(iii) or on 30 days’ written notice to you, where Assistance Anytime, acting reasonably, terminates these Terms or any Services for any legitimate business, legal or regulatory reason.
Without limiting its other rights under these Terms, Assistance Anytime may immediately restrict or deactivate your access to the Services if you breach the Community Guidelines at any time. You may terminate these Terms at any time, for any reason.
Changes to the Terms
Assistance Anytime may vary or amend or change or update these Terms entirely at its own discretion including the community Guidelines related to the services from time to time . You shall be responsible for checking these Terms from time to time and ensure continued compliance with these Terms. Your use of Assistance Anytime Platform after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed terms and you also agree to be bound by such changed/amended Terms.
Translation of the Terms
At its sole Discretion , Assistance Anytime may or may not provide the translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is only for your convenience and that the English version shall govern the terms of your relationship with Assistance Anytime. Furthermore, if there are any inconsistencies between the English version of the Terms and its translated version, the English version of the Terms shall prevail over others.
Assistance Anytime may also provide to a law enforcement agency, statutory body, governmental agency and/or investigative agency any necessary information (including your contact information) if required by law or in furtherance of any investigation involving you and a third party and such information or data is necessary towards the enquiry/investigation that is being carried out by the said body and/or agency as the case may be.
2. THE SERVICES
Assistance Anytime will provide the Services to you under this Agreement. `
The Services are made available solely for your personal, non-commercial use, unless Assistance Anytime has agreed with you otherwise in a separate agreement. You acknowledge that Assistance Anytime does not provide home-based services and that all such home-based services are provided by independent third party contractors who are not employed by Assistance Anytime or any of its affiliates or any of its partners. Assistance Anytime only accepts liability for the technology Platform and Applications to book Home based services , that it provides to you subject to these Terms and Conditions.
Third Party Providers are responsible for the services they provide to you and liable for any claim raised by the user of the service from time to time.
Subject to your compliance with these Terms, Assistance Anytime grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to:
(i) access and use the Applications on your personal device solely in connection with your use of the Services; and
(ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any right not expressly granted herein are reserved by Assistance Anytime.
You may not:
(i) remove any copyright, trademark or other proprietary notices from any portion of the Services;
(ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Assistance Anytime;
(iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law;
(iv) link to, mirror or frame any portion of the Services;
(v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or
(vi) attempt to gain unauthorised access to or impair any aspect of the Services or its related systems or networks.
Provision of the Services
You acknowledge that portions of the Services may be made available under Assistance Anytime’s various brands or request options. You also acknowledge that the Services may be made available under such brands or request options by or in connection with:
(i) certain of Assistance Anytime’s subsidiaries and affiliates; or
(ii) Independent Third Party Providers.
Third Party Services and Content
Assistance Anytime does not endorse such third party services and content and in no event shall Assistance Anytime be responsible or liable for any products or services of such third party providers.
Additionally, Apple Inc., Google, Inc and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.
The Services and all rights therein are and shall remain Assistance Anytime’s property
Neither these Terms nor your use of the Services convey or grant to you any rights:
(i) in or related to the Services except for the limited license granted above; or
(ii) to use or reference in any manner Assistance Anytime’s company names, logos, product and service names, trademarks or services marks or those of Assistance Anytime licensors.
3. YOUR USE OF THE SERVICES
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise.
Account registration requires you to submit to Assistance Anytime certain personal information, such as your name, address, mobile phone number and age as well as at least one valid payment method (either a credit card or accepted payment partner) along with any additional Identification Proof Document. You agree to maintain accurate, complete, and up-to date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expire payment method on file, invalid or wrong Identification proof , may result in your inability to access or use the Services.
You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Assistance Anytime in writing, you may only possess one Account.
User Requirements and Conduct
The Service is not available for use by persons under the age of 18 or the age of legal majority in your jurisdiction (if different than 18),. You may not authorize third parties to use your Account, and you may not allow person under the age of 18 or the age of legal majority in your jurisdiction (if different than 18), to receive services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the services if you refuse to provide the Identity or any other method of identification verification.
By creating an Account, you agree that the Assistance Anytime may send you text (SMS) and/or Internet messages ( Messages through internet based Third party messenger applications ) as part of the normal business operation of your use of the Service which includes services updates , promotional / offer messages and any other message related to the services of Assistance Anytime .
You may opt-out of receiving text (SMS) and/or Internet messages from Assistance Anytime at any time by informing Assistance Anytime of your decision to stop receiving such text (SMS) messages and/or Internet messages. You cannot opt-out of receiving text (SMS) and/or Internet messages from Assistance Anytime at any time which includes information about the services you had booked on our platform. You acknowledge that opting out of receiving text (SMS) messages and/or Internet messages may impact your use of the Services.
Assistance Anytime may, in Assistance Anytime’s sole discretion, create promotional codes and or discount codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that Assistance Anytime establishes on a per promotional code basis (“Promo Codes”).
You agree that Promo Codes:
(i) Must be used for the intended audience and purpose, and in a lawful manner;
(ii) May not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Assistance Anytime;
(iii) May be disabled by Assistance Anytime at any time for any reason without liability to Assistance Anytime and without informing any user ;
(iv) may only be used pursuant to the specific terms that Assistance Anytime establishes for such Promo Code;
(v) are not valid for cash; and
(vi) may expire prior to your use.
Assistance Anytime reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Assistance Anytime reasonably determines or believe that the use or redemption of the promo code was in error , fraudulent , Illegal , and/or in violation of the applicable promo code terms or these terms. Your access to the Promo Codes is subject to terms set forth in the Promo Codes on our site.
User Provided Content
Assistance Anytime may, in Assistance Anytime’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Assistance Anytime through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”).
Any User Content provided by you remains your property. However, by providing User Content to Assistance Anytime, you grant Assistance Anytime a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Assistance Anytime’s business and on third party sites and services) without further notice to or consent from you and without the requirement of payment to you or any other person or entity.
You represent and warrant that:
(i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Assistance Anytime the license to the User Content as set forth above; and
(ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Assistance Anytime’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determine by Assistance Anytime in its sole discretion, whether or not such material may be protected by law. Assistance Anytime may, but shall not be obligated to, review, monitor, or remove User Content, at Assistance Anytime’s sole discretion and at any time and for any reason, without notice to you.
Assistance Anytime reserve the right, at any time and without prior notice, to remove, block, or disable access to any Content that Assistance Anytime, for any reason or no reason, consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our users in our sole discretion. Subject to the requirements of applicable law, we are not obligated to return any of your Content to you under any circumstances.
Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Assistance Anytime does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Part of the site may contain advertising information or promotional material or other material submitted to Assistance Anytime by third parties or Users. Responsibility for ensuring that material submitted for inclusion on the Assistance Anytime Platform or mobile apps complies with applicable international and national law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Assistance Anytime found on or through the Assistance Anytime Platform and or mobile apps, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between you and such advertiser. Assistance Anytime will not be responsible or liable for any error or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertiser(s) on the Assistance Anytime Platform.
Your registration to Assistance Anytime gives you an access to use wallet feature available on our site. You will be allowed to use only one wallet account at any given point of time. There is no money withdrawal and/or transfer feature /option available within the wallet. Wallet is a reloadable product and can be used for purchasing services only and exclusively on our Site. You will not be allowed to transfer any amount available in the wallet to any bank, individual , payment methods or transfer to any other registered user of our site . You will be able to load maximum AUD 5,000/- per month, and maximum AUD 60,000/- in a financial year (“Limit value”). Any amount loaded in the wallet which is more than the limit value shall be returned to the user within 30 working days from wallet amount loaded date and additional handling charges will be charged to the user during such transaction. Additional handling charges are not fixed and will be applied at the time of such transaction and shall not increase 5% of the total amount transacted in the transaction.
All amount earned by the user from various facilities available on the site which includes Refer and earn , reward plans and Gift card shall be credited into the user wallet subject to the terms of this agreement. You are responsible for all activity that occurs under your wallet Account.
Gift card is a special product we offer to you whose value can be used as payment toward your future orders from our site.
Gift cards can only be purchased by the registered user of our site and registered user can gift such gift cards to other registered / non registered user of the site on the registered / non registered email id of the registered / non registered user. Gift Cards can only be redeemed on our site by registering on our site with the same email address on which the user had received the gift card.
Gift Card shall be sent on the registered email id of the receiver ( the one who is receiving the gift card ) with a Gift code and receiver will paste the gift code in the redeem gift card section of Gift card facility available on our site. Gift card amount will be immidiately credited to the wallet of the registered user and such wallet balance may be redeemed in accordance with the terms and condition of this agreement.
Gift Cards are the responsibility of the User and any such Gift Vouchers that are either lost or stolen cannot be replaced. You agree to maintain the security and secrecy of your Gift Card code at all times.
Assistance Anytime does not make any warranties, express or implied, with respect to gift cards, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. in the event a gift card code is non-functional, your sole remedy will be to get in touch with the customer support via chat option available on our site or you can write us at email@example.com and try to get the problem resolved. No new gift Card will be issued in case the problem cannot be resolved. if applicable law does not allow limitations on implied warranties or the exclusion or limitation of certain damages, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
Refer And Earn
Referral code is a unique number assigned to your account. You can use this code to refer friends to our site and get rewarded. When you refers a friend to our site, your referred friends get some amount (defined by us from time to time ) off of their first order.
Your friend must not have registered with us before. The Email Id which your friend will use to sign up on our site shouldn’t have been used earlier on our site. If your friend uses someone else’s referral code, the person whose referral code is used will get the benefits even if you had referred him/her first. Points earned from Refer & Earn will be credited to user’s Wallet. Both Referrer and Referee shall get 5% discount on any single order and maximum discount value shall not increase 20 AUD and shall have no capping on booking amount. Assistance Anytime reserves all rights to change the amounts and discount conferred under Refer and Earn program at any point in time. Assistance Anytime may suspend or terminate the Refer and Earn program or any user’s ability to participate in the program at any time for any reason at their discretion. Amount earned as a result of fraudulent activities will be revoked and deemed invalid. Anytime reserves the right to amend these terms and conditions at any time without any prior notice. Modifications of these terms will be effective from the time they are updated in the Terms and Conditions section.
Any registered user of the site can access the reward plans on our site. Reward plans are paid cash back vouchers which offers additional cash back to user and had a limited period validity. Cash Back rewards are credited to the user wallet on the completion of the service booked by the user and such wallet balances can be used by a user to purchase any services available on the site. The maximum amount of Cash Back that shall be credited to the wallet of the user depends upon the individual terms & conditions of the cash back voucher purchased by the user. Such terms are mentioned on the cash back voucher display cards on our site. Cashback vouchers are strictly non-refundable and can only be redeemed against the purchases of the services on our site within the validity period. Every cash back offer contains a different cash back value and validity with different offer pricing.
Any Registered user of our site can enjoy the benefits of the loyalty points available on our site. You can get 10 loyalty points on purchase of 200AUD. 1 loyalty points can be redeemed as AUD1 against the purchase of services on our site. Minimum Booking amount required for using Loyalty Points is AUD 20.00. Minimum Booking amount for Earning Loyalty Points is AUD 20.00. Loyalty Points will expire after 365 days. Maximum 50 Loyalty Points can be earned per Booking. Loyalty points cannot be credited into the user wallet and can be used to purchase any service available on our site. Anytime reserves the right to amend these terms and conditions at any time without any prior notice. Modifications of these terms will be effective from the time they are updated in the Terms and Conditions section.
You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Charges”). After you have received services or goods obtained through your use of the Service, Assistance Anytime will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent.
Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law.
Charges paid by you are final and non-refundable unless otherwise determined by cancellation policy mentioned on site or unless otherwise determined by the Assistance Anytime or required by the Australian Consumer Law. Under the Australian Consumer Law, you may be entitled to a refund for a major failure of the Services, or other remedies for a minor failure. Assistance Anytime will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good. All Charges are due immediately and payment will be facilitated by Assistance Anytime using the preferred payment method designated in your Account, after which Assistance Anytime will send you the final invoice / payment receipt within 48 hours from the end time of the service provided. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Assistance Anytime may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and Assistance Anytime, Assistance Anytime reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Assistance Anytime’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand (“surge”). Assistance Anytime will use reasonable efforts to inform you of Charge that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof.
Assistance Anytime may from time to time provide certain users with promotional offers and discounts that may result in different amount charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee. This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided.
Assistance Anytime does not designate a portion of your payment as a tip or gratuity to the Third Party Provider. However tipping or gratuity is absolutely your discretion and you can pay such tips or gratuity either to the Third party provider directly or you can pay the same under TIPS sections while you are on the check-out page of the Assistance Anytime Website or Application and ready to pay the service charges as per the services selected / booked by you. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.
Edit or Reschedule Order
User currently cannot edit or reschedule the order. User can cancel the order without any cancelation charges , 2 hours before the scheduled service time.
Cancellation & Refund Policy
User Can cancel user’s service request via Assistance Anytime’s website and/ or mobile app or Via Chat option available on our site.
If service request is cancelled 2 hours before the scheduled service time, the cancellation charges will not be applicable. If the service is cancelled within 2 hours of scheduled service time, customer is liable to pay cancellation charges i.e.15% of the total amount charges to the user .Due to any unforeseen circumstances or internal reasons, Assistance Anytime reserves the right to cancel any order at any point of time, and will not be liable to anyone for the same. If the service provider or Assistance Anytime cancels the visit then customer is not liable to pay cancellation charges.
5. Disclaimers; Limitation of liability; Indemnity.
Limitation subject to local consumer law
The limitations and disclaimer in this section 5 do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law, including the Australian consumer law.
Except as required of Assistance Anytime under the consumer guarantees, the services are provided “as is” and “as available.” Assistance Anytime disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including any implied warranties of merchantability, fitness for a particular purpose and non-infringement, and makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free.
Assistance Anytime does no guarantee the quality, suitability, safety or ability of third party providers. You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law, including the Australian consumer law.
Limitation of liability
If you are acquiring the services as a consumer, Assistance Anytime’s liability for a failure to comply with a consumer guarantee is limited only to the payments received by the Assistance Anytime on behalf of the third party service provider from time to time against the service order / booking booked by you and such payments will be governed as per the terms and conditions of this agreement.
We do not sell goods to users and if our third party service providers advice you to purchase goods in order to successfully complete the booking than the warranty , replacement of the relevant goods or the repair of the goods, or the payment of the cost of replacing the goods or of acquiring equivalent goods shall be your sole responsibility and Assistance Anytime shall not be held liable for any claims against the purchase , warranty , repair , replacement of such goods purchased by you either yourself or through the third party service provider.
Assistance Anytime shall not be liable for indirect, incidental, special, exemplary punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the services, even if Assistance Anytime has been advised of the possibility of such damage.
Assistance Anytime shall not be liable for any damages, liability or losses arising out of:
(i) Your use of or reliance on the services or your inability to access or use the services; or
(ii) Any transaction or relationship between you and any third party provider, even if Assistance Anytime has been advised of the possibility of such damages.
(iii) Assistance Anytime shall not be liable for delay or failure in performance resulting from causes beyond Assistance Anytime’s reasonable control.
In no event shall Assistance Anytime’s total liability to you in connection with the services for all damages, losses and causes of action exceed Five Hundred Australian dollars ($5,00).
Assistance Anytime services may be used by you to request and schedule home-based services with third party providers, but you agree that Assistance Anytime has no responsibility or liability to you related to any home-based services provided to you by third party providers other than as expressly set forth in these terms. Assistance Anytime will maintain a complaints management framework, and will manage this framework on behalf of third party providers, in a reasonable way and in accordance with the non-excludable requirements of the Australian consumer law. The limitations and disclaimer in this section 5 do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law, including any of the non-excludable requirements of the Australian consumer law.
You agree to indemnify and hold Assistance Anytime and its affiliates and their officers, directors, employees and other prople harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with:
(i) Your use of the Services or services or goods obtained through your use of the Services;
(ii) Your breach or violation of any of these Terms;
(iii) Assistance Anytime use of your User Content; or
(iv) Your violation of the rights of any third party, including Third Party Providers (“Losses”).
Your liability under this clause shall be reduced proportionately if, and to the extent that, Assistance Anytime directly caused or contributed to any such Losses.
6. GOVERNING LAW; ARBITRATION
There are a number of mechanisms available to you to resolve any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability or with the services provided by a Third Party Provider (any “Dispute”).
Assistance Anytime or its affiliates operate a complaints process to allow you to make complaints about Assistance Anytime or Third Party Providers, and Assistance Anytime or its affiliates also manage refunds to you in relation to those complaints. Assistance Anytime or its affiliates will operate this complaints process in a reasonable manner. You agree and acknowledge that you must raise any Dispute with the Services or the services provided by a Third Party Provider as soon as is practicable, but no later than 48 hours from the end time of the service provided. If you fail to raise a Dispute within 48 hours from the end time of the service provided, Assistance Anytime shall be under no obligation to resolve such Dispute. If a Dispute is reported more than 48 hours after the end time of the service provided. Assistance Anytime shall in its sole discretion choose whether or not to attempt resolution of the Dispute.
In addition, you may have rights to make a complaint to fair trading or consumer law bodies in relation to applicable consumer laws, including the nonexcludable portions of the Australian Consumer Law. Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of Victoria, Australia, excluding its rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. In the event of a Dispute, Parties shall first try and resolve the dispute mutually and in case of no mutual results between the parties , either party may file an action in the courts of Victoria, Australia or pursue final and binding arbitration or other alternative dispute resolution as agreed upon by the parties.
Any proceedings, including documents and briefs submitted by the parties, correspondence from a mediator, and correspondence, order and awards issued by an arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless:
(i) The disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and
(ii) The third party agrees unconditionally in writing to be bound by the confidentiality obligation set out in these Terms.
7. Other Provisions
Claims of Copyright Infringement
Claims of copyright infringement should be sent to Assistance Anytime’s designated agent at the following email address – firstname.lastname@example.org
Assistance Anytime may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Assistance Anytime by written communication to Assistance Anytime’s Email address i.e. email@example.com
You may not assign or transfer these Terms in whole or in part without Assistance Anytime’s prior written approval. You give your approval to Assistance Anytime for it to assign or transfer these Terms in whole or in part, including to:
(i) a subsidiary or affiliate;
(ii) an acquirer of Assistance Anytime’s equity, business or assets; or
(iii) a successor by merger.
No joint venture, partnership, employment or agency relationship exists between you, Assistance Anytime or any Third Party Provider as a result of the contract between you and Assistance Anytime or use of the Services. If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected.
In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms, including any incorporated policies, constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter Nothing in this clause limits your rights as a consumer that cannot be excluded under applicable law, including the Australian Consumer Law. In these Term the words “including” and “include” mean “including, but not limited to.
The material contained in this site is the copyright of Meshi Webtech Consultants Australia Pty Ltd trading as Assistance Anytime (“AA”) and is protected by Australian and international copyright laws.
The site and the data in it are supplied solely for informational use. Apart from permitted uses under the Copyright Act 1968 (Cth), and, except for the temporary copy held in your computer’s cache and downloading for private use, no part of the material or data contained in this site may be reproduced, altered, transmitted or re-used for any purpose whatsoever without the written permission of Meshi Webtech Consultants Australia Pty Ltd.
Website Content and Materials
The information and materials contained in this site (including these terms and conditions) are subject to change without notice. We may discontinue or make changes to the content of this site and the network at any time. Any dated information included in this site is current at the date of publication only, and we will not have any obligation or responsibility to update or amend such information.
This website is provided without any express warranties or guarantees, unless specifically stated and, to the extent permitted by law, without any implied warranties or guarantees.
Links to Third Party Websites
Links to other websites may be provided from this site. In those circumstances we have no control over the content of those third party websites. We make no express warranties concerning the content of those other sites. In particular we do not warrant the accuracy, completeness or reliability of those sites for a particular purpose, nor do we warrant that such sites or their content are accurate, complete, current or free of defects including but not limited to, viruses or other harmful elements. The user of this site will assume all risks and costs arising from the use of any website linked to this site.
We welcome enquiries or feedback on Assistance Anytime or any ideas you may have. Unless specifically stated by you we shall treat any information you provide us with, as non-proprietary and non-confidential
We at Meshi Webtech Consultant Australia Pty limited (an Australian company, ACN 617 889 362) ` ( “we”, “our”, “us” or “Assistance Anytime ”) know privacy and data protection is important to you (“users” “you” “your”) and we take your privacy seriously. We deal with personal information in accordance with the Privacy Act 1988 (Cth) (“Privacy Act”) and the Australian Privacy Principles (“APPs”). The APPs govern how we can collect, use, hold and disclose your personal information, as well as ensuring the quality and security of your personal information. A copy of the APPs may be obtained from the website of The Office of the Australian Information Commissioner (OAIC) at www.oaic.gov.au.
Assistance Anytime Services constitute the provision of a technology platform that enables you, a user of Assistance Anytime’s mobile application or website (each, an “Application”) to:
· arrange and schedule home-based services with independent third party providers of those services, who have an agreement with Assistance Anytime or its affiliates (“Third Party Providers”); and
· Facilitate payments to Third Party Providers for the services and receive receipts for those payments.
Persons under 18 years of age
We do not knowingly collect or solicit personal information from or knowingly allow individuals under the age of 18 or uner the age of legal majority in your jurisdiction (if different than 18), to register for the Site or Service or Assistance Anytime Platform (as that term is defined in our Terms and Conditions). If we learn that we have collected personal information from a person under the age of 18 or below the age of legal majority in your jurisdiction (if different than 18), without verification of parental consent, we will delete that information as quickly as possible. If you are a parent or guardian and you believe that we have collected the personal information of a person under 18 years of age, please contact us on firstname.lastname@example.org
WHAT INFORMATION DO WE COLLECT?
We collect the personal information that you have provided to us when you register to set up an account and become a User of the Site and/or the Service (“User”), including any updated information you provide, such as your name, username, phone number, credit card, other billing information, email address, shipping address, your third-party account credentials (for example, your Facebook log-in ) and information regarding your personal preferences and interests.
We may also receive or collect personal information from individuals who are not Users (Non-Users), for example, so that:
· Non-Users can subscribe to our newsletter;
· Any Non- user visiting the site; or
· Non-User may engage in a transaction using the Service.
Non-Users’ personal information is used only for the purpose for which it was originally submitted to or collected by us. A Non-User can contact us on email@example.com and request that we delete their personal information.
INFORMATION COLLECTED AUTOMATICALLY
Whenever you interact with our Site, we automatically receive and record information on our server logs from your browser including your Internet Protocol (IP) address, “cookie” information, and the page you requested.
Tracking technologies, cookies and web beacons.
E-MAIL AND OTHER COMMUNICATIONS
Also, we may receive a confirmation when you open an email from us.
HOW DO WE USE YOUR PERSONAL INFORMATION
We neither rent nor sell your personal information to anyone.
We use, hold and disclose your personal information to:
· personalise and improve the Site and Service;
· allow our users to set up a user account and profile;
· contact users;
· allow you to transact on the Site;
· fulfil your requests;
· analyse how users utilise the Site; and
· arrange and schedule home-based services with independent third party providers ( “Partners” and/or “Agents”) of those services,
AFFILIATED BUSINESSES AND THIRD PARTY WEBSITES WE DO NOT CONTROL
We employ other companies and people ( “Other People”) ( May also refer as Partners ) in order for us to provide our Service to you and we disclose your personal information with these Other People’s in order for us and our Affiliated Businesses to provide you with access to the Site and provide you the Service. Unless we inform you otherwise, our Other People do not have any right to use your personal information that we disclose to them beyond what is necessary and directly related to us and Affiliated Businesses providing you access to the Site and providing the Service to you.
We may choose to buy or sell business assets. In these types of transactions, information about Assistance Anytime (which may include our personal information) is one of the business assets that is transferred. Also, if we (or substantially all of our assets) are acquired, or if we go out of business or enter bankruptcy, personal information would be one of the business assets transferred to or acquired by a purchaser as result of the sale of these business assets.
PROTECTION OF ASSISTANCE ANYTIME AND OTHERS
We may disclose personal information when we believe in good faith that disclosure is necessary for any of the following reasons:
· to notify the OAIC about a data breach or report a matter for investigation;
· to comply with laws;
· to enforce our terms and conditions and/or other commercial agreements or relationships; or
· to protect the rights, property, or safety of us, our employees, our users, or others.
We may exchange your personal information with other companies and organisations (including governmental authorities) for fraud protection and credit risk reduction.
WITH YOUR CONSENT
In order to provide you with access to the Site and to provide you with the Service, Assistance Anytime may disclose your personal information to companies associated with us who are located outside the territory of Australia . We take reasonable steps to ensure that the recipient complies with the APPs in relation to that information.
IS YOUR PERSONAL INFORMATION SECURE ?
Your account is protected by a password for your privacy and security. You need to prevent unauthorised access to your account and personal information by selecting an appropriately complex password, and protecting your password (or other sign-on protections) and setting appropriate access controls on your computer or device, for example, by using a passcode.
We take reasonable care to protect personal information that we collect and hold from misuse, loss, unauthorised access, unauthorised modification or unauthorised disclosure. We protect personal information by implementing reasonable and up to date security measures as well as policies, practices and procedures to govern the protection of personal information.
WHAT ARE YOUR RIGHTS?
You can always elect not to disclose personal information to us. However, please keep in mind that we may need some personal information to allow you to register with us to have an account and be a User or to take advantage of some or all of our features, and if you choose not to provide that information, your ability to use our Site and Service may be limited.
Right to access your personal information
You have the right to access your personal information that we hold. Through your account settings, you may access, and, in some cases, edit or delete the following information you have provided to us:
· name and password;
· email address;
· billing information; and
· information in relation to your user profile information and content, including images you have uploaded to the Site.
The information you can view and update may change as the Site changes. When you update or delete personal information or delete your account there may be some latency in our systems and it may take some time for the changes to be reflected across all of our systems and in all of the copies of your personal information that we hold.
We may use any aggregated data derived from or incorporating your personal information even if you update or delete it, but we will not use that information in a manner that would identify you personally.
Request updates and corrections to your personal information
If you believe that your personal information that we hold is inaccurate, incomplete or wrong, you can contact us to request that we change, amend, update, correct or delete your personal information. If you have any questions about viewing or updating information we have on file about you, please contact us at firstname.lastname@example.org
Opting out of communications
If you do not want to receive email or other communications from us, please change your account settings accordingly. You can also choose to opt out of receiving email correspondence from us by following the instructions to opt-out in our emails or by contacting us at email@example.com
WHAT DATA DOES ASSISTANCE ANYTIME RETAIN?
We will retain your personal information only for as long as your account is active or as needed to provide You with the Service. We will also retain and use your personal information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements in connection with the Service and Site.
Lawful purpose for processing
Our processing (including collection, storage, use and disclosure) of your personal data is justified on the following lawful basis as:
· the processing is necessary in order for us to perform our contract with you and/or provide our Service to you, or for us to take steps to enter into a contract with you and at your request;
· the processing is necessary for us to be able to comply with our legal obligations; or
· you have provided your consent to the processing of your personal data.
QUESTIONS OR CONCERNS
Meshi Webtech Consultants Australia Pty Ltd
Whenever you interact with our Site, we automatically receive and record information on our server logs from your browser including your IP address, “cookie” information, and the page you requested.
Cookies and types, we use
Cookies allow our Site to deliver a more personalised user experience including by enabling targeted advertising. Cookies also allow our Site to remember your settings and your preferences to enable a more user-friendly experience.
Cookies are small text files sent to your browser and stored by your browser on your computer or other device by an email that you open or the websites you visit. These cookies are anonymous, and they collect information that on its own will not identify you.
Cookies save data such as your Internet Protocol (IP) address, the geographic location associated with your IP, the date and time you visited our Site, pages or advertisements you viewed, the URL of the website you viewed prior to visiting our website and the type of browser you use.
There are several different types of cookies that may be used on our websites.
· Strictly Necessary Cookies are essential to enable navigation around our Site and use its features. Without these, we would be unable to provide you with certain features.
· Functionality Cookies allow our Site to remember choices you have made and helps to provide an enhanced, more personal experience of our Site.
· Performance Cookies help us to improve our Site and our online services. These cookies gather information about how our Website is used, including which pages you visit most often. These cookies are anonymous, which means that they won’t collect information which identifies you.
· Targeting and Advertising Cookies are used to help us better understand our advertising campaigns and how we can make these more relevant to you. These cookies will not collect information which personally identifies you.
We may also use web tracking and analytics tools on our Site to generate detailed statistics about traffic to our Site and the pages that users access.
· enhance your experience on our Site by remembering your preferences;
· support the functioning of our Site (including secure services for online transactions);
· track how users use our Site and interact with our advertisements;
· understand how our Site is functioning and inform us of improvements to our Site; and
· gather data that helps us deliver advertising content relevant to your interests.
When we collect usage information (such as the number and frequency of visitors to our Site and to which pages within the Site), we only use such data in aggregate form and in a manner that assures your anonymity. We may provide this aggregate usage information to our partners who may use this information to understand how often and in what ways users access and use our Site, so that our partners can endeavour to provide users with a better online experience. For example, we may place a cookie on your device or browser that records what products have been accessed on our Site by your browser or device, and then we may provide that information, in de-identified form, to a third party website, to allow that website to serve ads to your browser or device for similar products that are available from us or from third parties.
We may also deliver a file to your browser or device (known as a “web beacon”) through the Site from an advertising network we have contracted with. Web beacons allow advertising networks to provide anonymised, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to your browser or device when your browser or device visits other websites. These web beacons may, for example, log that you have viewed a certain product on our Site using your browser or device, and then show you an ad for similar products when you browse to another website. Because your web browser must request these advertisements and web beacons from the ad network’s servers, these companies can set, view or edit their own cookies, just as if your browser or device had requested a web page from their site. Many ad networks participate in the Network Advertising Initiative (“NAI”), a cooperative of online marketing and analytics companies committed to building consumer awareness and establishing responsible business and data management practices and standards, and such NAI Users may allow you to opt-out of cookies or web beacons they deliver. Again, we do not control the policies of any third parties, including advertising networks.
We do not honour “do-not-track” signals from internet browsers or other consumer choice mechanisms regarding the collection of behavioural tracking data.
You can manage cookies on your computer or device through your browser
settings. You may be able to change the preferences on your browser or device to prevent or limit your device’s acceptance of cookies but doing so may prevent you from taking advantage of our Site’s best features or accessing part or all of the Site.
You can delete cookies stored on your computer or change your privacy settings at any time via your browser settings. Please refer to your browser’s “help” or “support” site for more information on how to delete saved cookies and allow or block cookies.
We have no control over Third Party Cookies. If you are concerned about Third Party Cookies generated by advertisers, your browser may allow you to block Third Party Cookies. Please review your browser settings to block Third Party Cookies. If you block Third Party Cookies you may no longer receive targeted advertising
contact us by email to Customersupport@assistanceanytime.com
We will make every effort to resolve your concerns.