Terms and Conditions
Here are our terms and conditions. Country Specific Terms refer to Appendix B in this Agreement. Please contact us here if you have any other questions. Thanks for connecting.
The Airtasker terms & conditions (updated 30 September 2024) outline Airtasker and Your obligations and responsibilities on the Airtasker Platform. In this update to our Terms and Conditions, Airtasker has updated information related to clarifying the process required (and timing related) to formalise the completion of tasks.
User Agreement: www.airtasker.com
Airtasker operates an online platform allowing Users to connect through the Airtasker Platform with other Users who provide Services.
Please read these terms and all Policies including the Community Guidelines and Privacy Policy carefully before using the Airtasker Platform. These Policies are incorporated into this Agreement by reference.
All defined terms in this Agreement have the meaning given to them in the Airtasker Glossary.
1. SCOPE OF AIRTASKER SERVICES
Basic Principles
- 1.1 Airtasker provides the Airtasker Platform to enable Posters to publish Posted Tasks.
- 1.2 Taskers may make an Offer in response to a Posted Task. Some parts of Offer details may be made publicly available, including to internet users who are not Users.
- 1.3 A Poster may revoke or modify a Posted Task at any time before he/she accepts an Offer. Airtasker reserves the right to cancel all Offers on a Posted Task made prior to the modification.
- 1.4 If a Poster accepts an Offer on the Airtasker Platform, the Posted Task is assigned to that particular Tasker. At this point, a Task Contract is created between the Tasker and the Poster.
- 1.5 Upon creation of a Task Contract, the Poster must pay the Agreed Price for the Posted Task into the Payment Account.
- 1.6 Upon creation of the Task Contract, Airtasker has rendered Airtasker Services and the Connection Fee is due and payable.
- 1.7 Once the Task Contract is created, the Tasker and Poster may vary the Task Contract on the Airtasker Platform. The Poster and Tasker are strongly encouraged to use Airtasker's private messaging system to amend or vary the Task Contract (including the Agreed Price) or to otherwise communicate.
- 1.8 Once the Services are complete, the Poster will be notified and must respond by either releasing payment or disputing that the task has been completed within 10 days. Should a response not be received from the Poster, the task will be automatically deemed to have been completed satisfactorily and (subject to any restrictions noted below in paragraph 1.9) payment will be released to the Tasker.
- 1.9 Following confirmation by both the Tasker and the Poster that the Posted Task has been completed, or if Airtasker is satisfied the Services have been completed, subject to any restrictions (e.g. a dispute or failure to complete required verification processes), the Tasker Service Fee will be payable and the Tasker Funds will be released by Airtasker from the Payment Account to the Tasker.
- 1.10 After the Task Contract is completed, the parties are encouraged to review and provide feedback of the Services on the Airtasker Platform.
Tasker Listing
- 1.11 Airtasker may also provide a Tasker Listing feature enabling Taskers to publish Offers for Services.
- 1.12 Airtasker may publish Tasker Listings from time to time in its absolute discretion.
- 1.13 A Poster may request to book a Tasker Listing by clicking on the Request Booking button and completing the booking request. The Tasker may then make an offer to perform the Task. When using Tasker Listing, a Task Contract is created when the Poster accepts the offer made by the Tasker and the Task is assigned to that Tasker.
- 1.14 A Tasker may revoke or modify its Tasker Listing at any time before a Poster accepts a Tasker's offer.
2. AIRTASKER'S ROLE AND OBLIGATIONS
- 2.1 Airtasker provides the Airtasker Service in consideration for the Connection Fee and the Tasker Service Fee
- 2.2 Airtasker only permits individuals over 18 years of age to become Users.
- 2.3 Users must be natural persons, but can specify within their account description that they represent a business entity.
- 2.4 In its absolute discretion, Airtasker may refuse to allow any person to become a User or cancel or suspend or modify any existing account including if Airtasker reasonably forms the view that a User's conduct (including a breach of this Agreement) is detrimental to the operation of the Airtasker Platform.
- 2.5 No charges apply in respect of the following actions on the Airtasker Platform:
- a. Registering and creating an account;
- b. Creating a Posted Task;
- c. Users accessing and reviewing content on the Airtasker Platform, including Posted Tasks.
- 2.6 Airtasker accepts no liability for any aspect of the Poster and Tasker interaction, including but not limited to the description, performance or delivery of Services.
- 2.7 Airtasker is not responsible for, and does not warrant the truth or accuracy of any aspect of any information provided by Users, including, but not limited to, the ability of Taskers to perform tasks or supply items, or the honesty or accuracy of any information provided by Posters or the Posters' ability to pay for the Services requested.
- 2.8 Except for liability in relation to any Non-excludable Condition, the Airtasker 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.
- 2.9 Airtasker has no obligation to any User to assist or involve itself in any dispute between Users, although may do so to improve the User experience.
- 2.10 You understand and agree that:
- a. Airtasker does not undertake any investigation in relation to any Tasker or third party service provider before they become a User, including criminal checks, verification of qualification or license held, or any character or other checks of the suitability of a Tasker or third party service provider to perform any task which they may claim to be able to provide on the platform;
- b. You are solely responsible for conducting any appropriate background checks and obtaining references, licenses, certifications, or proof of insurance prior to engaging a Tasker to perform services;
- c. You are solely responsible for making your own evaluations, decisions and assessments about choosing a Tasker; and
- d. Assume all risks and you agree to expressly release, indemnify and hold harmless Airtasker from any and all loss, liability, injury, death, damage, or costs arising or in any way related to the services.
3. USER OBLIGATIONS
- 3.1 You will at all times:
- a. comply with this Agreement (including all Policies) and all applicable laws and regulations;
- b. only post accurate information on the Airtasker Platform;
- c. ensure that You are aware of any laws that apply to You as a Poster or Tasker, or in relation to Your use of the Airtasker Platform.
- 3.2 You agree that any content (whether provided by Airtasker, a User or a third party) on the Airtasker Platform may not be used on third party sites or for other business purposes without Airtasker's prior written permission.
- 3.3 You must not use the Airtasker Platform for any illegal or immoral purpose.
- 3.4 You must maintain control of Your Airtasker account at all times. This includes not allowing others to use Your account, or by transferring or selling Your account or any of its content to another person.
- 3.5 You grant Airtasker an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the Airtasker Platform for the purpose of publishing material on the Airtasker Platform and as otherwise may be required to provide the Airtasker Service, for the general promotion of the Airtasker Service, and as permitted by this Agreement.
- 3.6 You agree that any information posted on the Airtasker Platform must not, in any way whatsoever, be potentially or actually harmful to Airtasker or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by Airtasker.
3.7 Without limiting any provision of this Agreement, any information You supply to Airtasker or publish in an Offer or a Posted Task (including as part of an Offer) must be up to date and kept up to date and must not:
- a. be false, inaccurate or misleading or deceptive;
- b. be fraudulent or involve the sale of counterfeit or stolen items;
- c. infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
- d. 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);
- e. be defamatory, libellous, threatening or harassing;
- f. be obscene or contain any material that, in Airtasker's sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images; or
- g. contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any Airtasker 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.
- 3.8 The Airtasker Platform may from time to time engage location-based or map-based functionality. The Airtasker Platform may display the location of Posters and Taskers to persons browsing the Airtasker Platform. A User should never disclose personal details such as the Poster's full name, street number, phone number or email address in a Posted Task or in any other public communication on the Airtasker Platform.
- 3.9 If You are a Tasker, You must have the right, licence or all other necessary skills (as applicable) to provide the relevant Services contracted under a Task Contract and the right to work in the jurisdiction where the Services are performed. You must comply with tax and regulatory obligations in relation to any payment (including Tasker Funds and account verification) received under a Task Contract.
- 3.10 You must not, when supplying Services, charge a Poster any fees on top of the Tasker Funds. However, the parties to a Task Contract may agree to amend the Agreed Price through the Airtasker Platform.
- 3.11 You must not request payments outside of the Airtasker Platform from the Poster for the Services except to the extent permitted by clause 3.12 and only if the Airtasker Platform does not facilitate the reimbursement via the Payment Account of costs considered in clause 3.12.
- 3.12 If a Tasker agrees to pay some costs of completing the Services (such as equipment to complete the Services), the Tasker is solely responsible for obtaining any reimbursement from the Poster. Correspondence in respect of agreeing to these additional costs should be carried out on the Airtasker Platform. Airtasker advises Taskers not to agree to incur costs in advance of receiving the payment for these costs, unless the Tasker is confident the Poster will reimburse the costs promptly.
- 3.13 For the proper operation of the Airtasker Platform (including insurance, proper pricing and compliance with Policies), the Tasker must ensure that, provided the Customer provides its prior written consent to the subcontracting of any part of the performance of the Task Contract to a third party, then that third party must also be a registered User of the Airtasker Platform.
- 3.14 If Airtasker determines at its sole discretion that You have breached any obligation under this clause 3 or that You have breached one or more Task Contracts, it reserves the rights to remove any content, Posted Task or Offer You have submitted to the Airtasker Service or cancel or suspend Your account and/or any Task Contracts.
4. FEES
- 4.1 A Connection Fee is payable to Airtasker in respect of bookings made on the Platform. When a Customer accepts a Tasker's offer, the Task is assigned to that Tasker and a Task Contract is formed between the two parties. At this time the Customer will be charged the Agreed Price plus the Connection Fee as consideration for the Poster's use of the Airtasker Services.
- 4.2 Separate to the Connection Fee charged to the Poster, a Tasker is charged a Tasker Service Fee as consideration for the Tasker's use of the Airtasker Services.
- 4.3 At such time that the Customer releases the Task Payment to the Tasker, the Tasker Service Fee (will be deducted from the Task Payment) and the Connection Fee (separately paid by the Customer) will be retained by Airtasker.
- 4.4 The Connection Fee and the Tasker Service Fee are GST inclusive(or equivalent tax on supplies, including VAT).
- 4.5 Subject to clause 5, all Fees payable to Airtasker are non-cancellable and non-refundable, save for Your rights under any Non-Excludable Conditions.
- 4.6 If Airtasker introduces a new service on the Airtasker Platform, the Fees applying to that service will be payable from the launch of the service.
- 4.7 Airtasker reserves the right to amend the amount of any Fees (including the Connection Fee and Tasker Service Fee) from time to time and any changes will be updated on Airtasker's website.
5. PAYMENTS, REFUNDS AND CANCELLATIONS
- 5.1 If the Task Contract is cancelled for any reason (by a Poster, a Tasker or under this Agreement) prior to the commencement of the Task Contract, then if Airtasker is reasonably satisfied that the Agreed Price (and if applicable, the Connection Fee) should be returned to the Poster then those amounts (as applicable) will be refunded to the Poster as Airtasker Credits and a Cancellation Fee will be due to Airtasker by the User who the cancellation of the Task Contract is attributable to under clause 5.7 or 5.8.
- 5.2 If the Poster is responsible for the cancellation of the Task Contract (see clause 5.8), the Connection Fee will be retained by Airtasker.
- 5.3 If the Tasker is responsible for the cancellation of the Task Contract (see clause 5.7), Airtasker will deduct the Cancellation Fee from the Tasker's next payout request (or from multiple payout requests, until the Cancellation Fee is fully paid see below).
- 5.4 Cancellation Fees deducted from Tasker payout requests are capped at a maximum of 50% of the total payout request (so may require deductions across multiple payout requests).
- 5.5 Upon request by the relevant Customer submitted to Airtasker Support, Airtasker may refund the Agreed Price (and Connection Fee, as applicable) to the Poster's original payment method.
- 5.6 Any amount returned by Airtasker to a Poster on behalf of a Tasker under clause 5.1 will be a debt owed by the Tasker to Airtasker and may be offset by Airtasker against any other payments owed at any time to the Tasker.
- 5.7 Any outstanding Cancellation Fee owed by a User under clause 5.1 will be a debt owed by that User to Airtasker and may also be offset by Airtasker against any other payments owed at any time to the User.
- 5.8 Cancellation of a Task Contract will be attributable to the Tasker where:
- a. the Poster and the Tasker mutually agree to cancel the Task Contract; or
- b. following reasonable but unsuccessful attempts by a Poster to contact a Tasker to perform the Task Contract, the Task Contract is cancelled by the Poster; or
- c. the Tasker cancels the Task Contract; or
- d. a Task Contract is cancelled in accordance with clause 3.14 as a result of the Tasker's actions or breach.
- 5.9 A Cancellation of a Task Contract will be attributable to a Poster where:
- a. the Poster cancels the Task Contract (other than in accordance with clause 5.8(b); or (b) a Task Contract is cancelled in accordance with clause 3.14 as a result of the Poster's actions or breach. (c) a Task has been automatically cancelled in accordance with clause 4.5 of Appendix A Model Task Contract terms.
- 5.10 If the parties agree to any additional cancellation fee payable under the Task Contract, it is the responsibility of the party aggrieved to claim any amount owed directly from the other.
- 5.11 Airtasker may take up to 5-7 business days to process the return of the Agreed Price (less the Cancellation Fee, if applicable) to the Poster as Airtasker Credits or to process (following a request from a Poster) a refund to the Poster's original payment method.
- 5.12 If, for any reason, the Tasker Funds cannot be transferred or otherwise made to the Tasker or returned to the Poster (as the case may be) or no claim is otherwise made for the Tasker Funds, the Tasker Funds will remain in the Payment Account until paid or otherwise for up to three months from the date the Poster initially paid the Agreed Price into the Payment Account.
- 5.13 Following the 3 months referred to in clause 5.12, and provided there is still no dispute in respect of the Tasker Funds, the Tasker Funds will be credited to the Poster as Airtasker Credits.
- 5.14 If the Task Contract is cancelled and a User who is party to the Task Contract can show that work under a Task Contract was commenced, then the amount of the Agreed Price to be returned to the Poster will be conditional upon the mediation and dispute process in clause 18. However, the Cancellation Fee will always be due in accordance with clause 5.1.
- 5.15 Airtasker may suspend a User Account in its sole discretion for repeated Cancellations.
6. AIRTASKER CREDITS
- 6.1 Airtasker Credits:
- a. can be used by the credited User to pay for any new Services via the Airtasker Platform;
- b. are not refundable or redeemable for cash other than where the Poster has submitted a request for the return of Airtasker Credits to their original payment method;
- c. cannot be replaced, exchanged or reloaded or transferred to another card or account;
- d. that were issued;
- prior to 1 December 2023, these continue to remain valid for 12 months; or
- on and from 1 December 2023, are valid 18 months, from the date on which those particular Airtasker Credits are applied to a User's account, the date of issue or purchase or any expiry date applied by Airtasker (conditional upon any contrary specific jurisdictional legislative requirements);
- e. acquired other than under this Agreement, may also be conditional on compliance with additional, or different, terms and conditions, as specified in relation to Airtasker Credits, such as a restriction on when the Airtasker Credits is redeemable (for example only for a User's first Task Contract), specify a minimum Services value, or specify a maximum credit or discount value; and
- f. must not be reproduced, copied, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the credited User, or stored in a data retrieval system, without Airtasker's prior written permission.
- 6.2 The User credited with a Airtasker Credits is solely responsible for the security of any Airtasker Credits. Save for the Non-Excludable Conditions, Airtasker will have no liability for any loss or damage to the Airtasker Credits and does not have any obligation to replace Airtasker Credits.
- 6.3 Airtasker will not accept, and may refuse or cancel, any Airtasker Credits, which it reasonably determines in its discretion, have been used in breach of this Agreement or have been forged, tampered with, or are otherwise fraudulent and Airtasker reserves the right to refer any suspected fraudulent activity to relevant law enforcement authorities. In particular, Airtasker Credits, such as promotional coupons, vouchers or codes distributed or circulated without our approval, for example on an internet message board or on a "bargains" website, are not valid for use and may be refused or cancelled.
- 6.4 Airtasker is entitled to any value on Airtasker Credits which is not redeemed before the Airtasker Credits expires or is cancelled by Airtasker.
8. PAYMENT FACILITY
- 8.1 Airtasker uses a Payment Provider to operate the Payment Account.
- 8.2 In so far as it is relevant to the provision of the Payment Account, the terms at https://stripe.com/ssa/ are incorporated into this Agreement and will prevail over this Agreement to the extent of any inconsistency in relation to the provision of the Payment Account.
- 8.3 If Airtasker changes its Payment 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.
10. VERIFICATION & BADGES
- 10.1 Airtasker may use Identity Verification Services.
- 10.2 You agree that Airtasker Identity Verification Services may not be fully accurate as all Airtasker Services are dependent on User-supplied information and/or information or Verification Services provided by third parties.
- 10.3 You are solely responsible for identity verification and Airtasker accepts no responsibility for any use that is made of an Airtasker Identity Verification Service.
- 10.4 Airtasker Identity Verification Services may be modified at any time.
- 10.5 The Airtasker Platform may also include a User-initiated feedback system to help evaluate Users.
- 10.6 Airtasker may make Badges available to Taskers. The available Badge can be requested by the Tasker via the Airtasker Platform and arranged on behalf of the Tasker and issued by Airtasker, for a fee. Obtaining Badges may be conditional upon the provision of certain information or documentation by the Tasker and determined by Airtasker or a third-party verifier which shall be governed by its terms.
- 10.7 You acknowledge that Badges are point in time checks and may not be accurate at the time it is displayed. You acknowledge that to the extent You relied on a Badge in entering into a Task Contract, you do so aware of this limitation. You should seek to verify any Badge with the Tasker prior to commencing the task.
- 10.8 It remains the Tasker's responsibility to ensure that information or documentation it provides in obtaining a Badge is true and accurate and must inform Airtasker immediately if a Badge is no longer valid.
- 10.9 Airtasker may, at its discretion, issue Badges to Taskers for a fee.
- 10.10 The issue of a Badge to a Tasker remains in the control of Airtasker and the display and use of a Badge is licensed to the Tasker for use on the Airtasker Platform only. Any verification obtained as a result of the issue of a Badge may not be used for any other purpose outside of the Airtasker Platform.
- 10.11 Airtasker retains the discretion and right to not issue, or remove without notice, a Badge if You are in breach of any of the terms of this Agreement, the Badge has been issued incorrectly, obtained falsely, has expired, is no longer valid or for any other reason requiring its removal by Airtasker.
11. COVID-19 VACCINATION BADGES
User Obligations
- 11.1 For a COVID-19 vaccination badge (Covid Badge) to be added to your Airtasker user profile, You must provide Airtasker with a copy of your government issued COVID-19 vaccination documentation (Covid Documentation). By providing the Covid Documentation for assessment, you represent and warrant to Airtasker that the Covid Documentation is genuine and was issued to you by the relevant federal or state government authority. You also represent and warrant that all information you provide in relation to the Covid Badge verification process is true, accurate, and not misleading, deceptive, or fraudulent in any manner. If you provide any data that is not true and accurate or is misleading, deceptive, or fraudulent you may be barred from using the Airtasker platform in future.
Consent to Process Data
- 11.2 By submitting your personal information or otherwise using the Airtasker platform or presenting a Covid Badge on your profile, you consent to the use, processing and storage of your personal information, including sensitive medical data provided, in accordance with these terms and conditions. You expressly acknowledge that Airtasker may provide your personal information to any third-party service provider contracted for the purposes of assessing your data. Airtasker (and its third-party processors) may store your personal information for the duration of your period as a User of the Airtasker platform and up to 6 months after you terminate your profile on the platform.
Assessment Process
- 11.3 Airtasker (or its third party processors) will assess the Covid Documentation provided by a User and verify that:
- the Covid Documentation is consistent in form and content with certificates then being issued by the relevant federal or state government authority.
- the name on the Covid Documentation matches the name of the User (Customer or Tasker) recorded on the Airtasker platform.
- Airtasker will take no other steps to verify the validity of the Covid Documentation. Once this information is verified the Covid Badge will be issued. The Covid Badge is evidence that Airtasker has carried out the above steps only. Airtasker gives no warranty or representation that the Covid Documentation has been properly issued or is otherwise current and valid, or that the User has been vaccinated.
- 11.4 You understand and agree that individual Users (Customers or Taskers) are solely responsible for the accuracy of the information they provide and Airtasker does not undertake investigations in relation to Users' vaccination status. You further understand and agree that it is solely your responsibility to verify the vaccination status of any User (Customer or Tasker) you may come in contact with during the course of a Task, whether or not they have a Covid Badge. You expressly release, indemnify and hold harmless Airtasker and its associates and its third-party processors from any and all loss, liability, injury, death, damage, or costs arising or in any way related to the Covid status of a User in relation to any services provided or acquired through the Airtasker platform.
Disclaimer
- 11.5 USERS OF THE PLATFORM ACKNOWLEDGE THAT THE ONLY STEPS AIRTASKER HAS TAKEN TO ASSESS THE VERACITY OF THE COVID DOCUMENTATION ARE AS SET OUT ABOVE. CONSEQUENTLY, THE ISSUE OF A COVID BADGE TO A USER (CUSTOMER OR TASKER) BY AIRTASKER MAY NOT BE RELIED UPON AS VERIFICATION THAT THE USER HAS VALID COVID DOCUMENTATION ISSUED BY A RELEVANT GOVERNMENT AUTHORITY OR IS VACCINATED. AIRTASKER EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY LOSS OR DAMAGE INCURRED BY A USER OF THE PLATFORM IN RELIANCE ON THE COVID BADGE OTHER THAN AS EXPRESSLY CONTEMPLATED BY THESE TERMS AND CONDITIONS.
12. INSURANCE
- 12.1 Airtasker may offer its Users in Australia, New Zealand, Ireland, Singapore and the United Kingdom an opportunity to obtain insurance for certain Task Contracts. All such insurance will be offered by a third party. Any application and terms and conditions for such third-party insurance will be displayed on the Airtasker website when they are available. Airtasker confirms that all insurance policies are Third Party Services and governed by further terms set out for Third Party Services.
- 12.2 Airtasker does not represent that any insurance it acquires or which is offered via the Airtasker Platform is adequate or appropriate for any particular User.
- 12.3 Each User must make its own enquiries about whether any further insurance is required and Taskers remain responsible for ensuring that they have, and maintain, sufficient insurance to cover the Services provided to other Users of the Airtasker Platform.
- 12.4 Airtasker may also take out other insurance itself and that insurance may at Airtasker's option extend some types of cover to Users. Airtasker reserves the right to change the terms of its insurance policies with the third-party insurance providers at any time. A summary of the policies is available on the Airtasker website and the policy details can be requested via Airtasker. Users are responsible for familiarising themselves with these details.
- 12.5 You acknowledge and agree that in the event that a claim is made relating to any services performed and/or goods provided by a Tasker, and the insurance taken out by Airtasker (if any) responds to that claim then this clause applies. If a claim is made against a Tasker, Airtasker may (provided that the Tasker consents) elect to make a claim under any applicable policy and if the claim is successful, Airtasker reserves its right to recover any excess or deductible payable in respect of the claim from the Tasker. Where Airtasker makes a claim and the insurer assesses that the Tasker is responsible, Airtasker is entitled to rely on that assessment. If You do not pay any excess due under this clause, Airtasker may also elect to set this amount off some or all of the excess paid by it against future moneys it may owe to You.
- 12.6 You acknowledge and agree that in the event that a claim is made relating to any services performed and/or goods provided by a Tasker, and the insurance taken out by Airtasker (if any) does not respond to the claim or the claim is below the excess payable to the insurer, then this clause applies. Airtasker may elect to reject or pay an amount to settle a claim not covered by Airtasker's own insurance policies. To the extent that the Tasker was or would be liable for the amount of the claim, if Airtasker elects to pay an amount to settle the claim the amount paid by Airtasker may be recovered by Airtasker from the Tasker. Airtasker may also elect to set this amount off against future moneys it may owe to the Tasker.
14. LIMITATION OF LIABILITY
- Please see Your Country Specific Terms for the applicable exclusions and limitations of liability.
15. PRIVACY
- 15.1 Third Party Service providers will provide their service pursuant to their own Privacy Policy. Prior to acceptance of any service from a third party, you must review and agree to their terms of service including their privacy policy.
- 15.2 Airtasker will endeavour to permit you to transact anonymously on the Airtasker Platform. However, in order to ensure Airtasker can reduce the incidence of fraud and other behaviour in breach of the Community Guidelines, Airtasker reserves the right to ask Users to verify themselves in order to remain a User.
16. MODIFICATIONS TO THE AGREEMENT
- 16.1 Airtasker may modify this Agreement or the Policies (and update the Airtasker pages on which they are displayed) from time to time. Where Airtasker make material modifications, we will send notification of such modifications to Your Airtasker account or advise You the next time You login.
- 16.2 When You actively agree to amended terms (for example, by clicking a button saying "I accept") or use the Airtasker Platform in any manner, including engaging in any acts in connection with a Task Contract, the amended terms will be effective immediately. In all other cases, the amended terms will automatically be effective 30 days after they are initially notified to You.
- 16.3 If You do not agree with any changes to this Agreement (or any of our Policies), You must either terminate your account or You must notify Airtasker who will terminate Your Airtasker account, and stop using the Airtasker Service.
17. NO AGENCY
- 17.1 No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular, You have no authority to bind Airtasker, its related entities or affiliates in any way whatsoever. Airtasker confirms that all Third-Party Services that may be promoted on the Airtasker Platform are provided solely by such Third Party Service providers. To the extent permitted by law, Airtasker 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.
18. NOTICES
- 18.1 Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to Airtasker's contact address as displayed on the Airtasker Platform, or to Airtasker Users' contact address as provided at registration. Any notice shall be deemed given:
- a. if sent by email, 24 hours after email is sent, unless the User is notified that the email address is invalid or the email is undeliverable, and
- b. 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 the jurisdiction in which You have Your Airtasker Platform account.
- 18.2 Notices related to performance of any Third Party Service must be delivered to such third party as set out in the Third Party Service provider's terms and conditions.
19. MEDIATION AND DISPUTE RESOLUTION
- 19.1 Airtasker encourages You to try and cooperate with the other User to try and make a genuine attempt to resolve disputes (including claims for returns or refunds) with other Users directly. Accordingly, You acknowledge and agree that Airtasker may, in its absolute discretion, share Your information with other parties involved in the dispute.
- 19.2 Airtasker may elect to assist Users resolve disputes. Any User may refer a dispute to Airtasker. You must co-operate with any investigation undertaken by Airtasker. Airtasker reserves the right to make a final determination (acting reasonably) based on the information supplied by the Users and direct the Payment Provider to make payment accordingly. You may raise your dispute with the other User or Airtasker's determination in an applicable court or tribunal.
- 19.3 Airtasker has the right to hold any Agreed Price that is the subject of a dispute in the Payment Account, until the dispute has been resolved.
- 19.4 Airtasker may provide access to a Third Party Dispute Service. If such a service is provided, either party may request the other party to submit to the Third Party Dispute Service if the parties have failed to resolve the dispute directly. Terms and conditions for the Third-Party Dispute Service will be available on request. The Third-Party Dispute Service is a Third Party Service and Users are responsible for paying any costs associated with the Third Party Dispute Service in accordance with the Third Party Dispute Service terms and conditions.
- 19.5 Disputes with any Third Party Service provider must proceed pursuant to any dispute resolution process set out in the terms of service of the Third Party Service provider.
- 19.6 If You have a complaint about the Airtasker Service please contact us here.
- 19.7 If Airtasker provides information about other Users to You for the purposes of resolving disputes under this clause, You acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will be responsible and liable to Airtasker for any costs, losses or liabilities incurred by Airtasker in relation to any claims relating to any other use of information not permitted by this Agreement.
20. TERMINATION
- 20.1 Either You or Airtasker may terminate your account and this Agreement at any time for any reason.
- 20.2 Termination of this Agreement does not affect any Task Contract that has been formed between Airtasker Users.
- 20.3 Sections 4 (Fees), 13 (Limitation of Liability) and 18 (Mediation and Dispute Resolution) and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.
- 20.4 If Your account or this Agreement are terminated for any reason then You may not without Airtasker's consent (in its absolute discretion) create any further accounts with Airtasker and we may terminate any other accounts You operate.
21. GENERAL
- 21.1 This Agreement is governed by the laws specified in Your Country Specific Terms.
- 21.2 The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
- 21.3 This Agreement may be assigned or novated by Airtasker to a third party without your consent. In the event of an assignment or novation the User will remain bound by this Agreement.
- 21.4 This Agreement sets out the entire understanding and agreement between the User and Airtasker with respect to its subject matter.
Revised 30 September 2024 copyright Airtasker 2011-2024
APPENDIX A:
MODEL TASK CONTRACT
The terms used in this Task Contract have the meaning set out in the Airtasker Glossary. A Task Contract is created in accordance with the Airtasker Agreement. Unless otherwise agreed, the Poster and the Tasker enter into a Task Contract on the following terms:
1 COMMENCEMENT DATE AND TERM
- 1.1 The Task Contract is created when the Poster accepts the Tasker's Offer on a Posted Task to provide Services.
- 1.2 The Task Contract will continue until terminated in accordance with clause 7.
2 SERVICES
- 2.1 The Tasker will perform Services in a proper and workmanlike manner.
- 2.2 The Tasker must perform the Services at the time and location agreed.
- 2.3 The parties must perform their obligations in accordance with any other terms or conditions agreed by the parties during or subsequent to the creation of the Task Contract.
- 2.4 The parties acknowledge that the Task Contract is one of personal service where the Poster selected the Tasker to perform the Services. Therefore, the Tasker must not subcontract any part of the Services to any third party without the Poster's consent.
- 2.5 The Tasker always remains responsible and liable to the Poster for any acts or omissions of a subcontractor as if those acts or omissions had been made by the Tasker.
3 WARRANTIES
- 3.1 Each party warrants that the information provided in the creation of the Task Contract is true and accurate.
- 3.2 The Tasker warrants that they have (and any subcontractor has) the right to work and provide Services and hold all relevant licences in the jurisdiction where the Services are performed.
4 PAYMENT OR CANCELLATION
- 4.1 Upon the creation of the Task Contract, the Poster must pay the Agreed Price into the Payment Account.
- 4.2 Upon the Services being completed, the Tasker will provide notice on the Airtasker Platform.
- 4.3 The Poster will be prompted to confirm the Services are complete. If the Tasker has completed the Services in accordance with clause 2, the Poster must use the Airtasker Platform to release the Tasker Funds from the Payment Account.
- 4.4 If the parties agree to cancel the Task Contract, or the Poster is unable to contact the Tasker to perform the Task Contract, the Tasker Funds will be dealt with in accordance with the User's Airtasker Agreement.
- 4.5 In the event that a Task:
- a. has been assigned for 30 days; and
- b. is inactive for 7 days beyond the due date for that Task (i.e. inactive means where there has been no communication between the parties through the Airtasker Platform or the Task has not been subject to any reschedule request), the Task will be automatically cancelled, and the Task Payment will be returned to the Customer, and the Connection Fee will be retained by Airtasker.
5 LIMITATION OF LIABILITY
- 5.1 Except for liability in relation to a breach of a Non-excludable Condition, the parties exclude all Consequential Loss arising out of or in connection to the Services, and any claims by any third person, or the Task Contract, even if the party causing the breach knew the loss was possible or the loss was otherwise foreseeable.
- 5.2 Subject to any insurance or agreement to the contrary, the liability of each party to the other except for a breach of any Non-Excludable Condition is capped at the Agreed Price.
6 DISPUTES
- 6.1 If a dispute arises between the parties, the parties will attempt to resolve the dispute within 14 days by informal negotiation (by phone, email or otherwise).
- 6.2 If the parties are unable to resolve the dispute in accordance with clause 6.1, either party may refer the dispute to Airtasker and act in accordance with clause 18 of the Airtasker Agreement.
7 TERMINATION OF CONTRACT
The Task Contract will terminate when:
- a. the Services are completed and the Agreed Price is released from the Payment Account;
- b. a party is terminated or suspended from the Airtasker Platform, at the election of the other party;
- c. otherwise agreed by the parties or the Third Party Dispute Service; or
- d. notified by Airtasker in accordance with the party's Airtasker Agreement.
8 APPLICATION OF POLICIES
The parties incorporate by reference the applicable Policies.
9 GOVERNING LAW
The Task Contract is governed by the laws of the jurisdiction where the Posted Task was posted on the Airtasker Platform.
Revised 30 September 2024 copyright Airtasker 2011 - 2024
APPENDIX B:
COUNTRY SPECIFIC TERMS
1. Australian Terms
If You are a User who has Your Airtasker Platform account in (or the Services are performed in) Australia then the following terms will also apply to or may vary this Agreement to the extent specified:
a. a reference to "A$", "AUD", "$A", "dollar" or "$" is to Australian currency;
b. "Airtasker" means Airtasker Ltd ACN 149 850 457;
c. "ACL" means the Australian Consumer Law;
d. "Consumer Guarantees" means the consumer guarantees contained in Part 3-2 of the ACL;
e. "Personal Information" has the same meaning given to it in the Privacy Act 1988 (Cth);
f. This Agreement is governed by the laws of New South Wales, Australia. You and Airtasker submit to the exclusive jurisdiction of the courts of New South Wales, Australia; and
g. The following is added as clause 3.3 in the Model Contract of Appendix A "3.3 The parties incorporate the Consumer Guarantees into the Task Contract, even if they are not already incorporated by law.";
h. The exclusions and limitations of liability shall be as follows:
- (1) Except for liability in relation to breach of Non-excludable Condition, to the extent permitted by law, Airtasker 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 Posters and Taskers.
- (2) Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, Airtasker 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 Airtasker Platform.
- (3) Except for liability in relation to a breach of any Non-excludable Condition, and to the extent permitted by law, Airtasker is not liable for any Consequential Loss arising out of or in any way connected with the Airtasker Services.
- (4) Except for liability in relation to a breach of any Non-excludable Condition, Airtasker's liability to any User of the Airtasker Service is limited to the total amount of payment made by that User to Airtasker during the twelve month period prior to any incident causing liability of Airtasker, or AUD$50.00, whichever is greater.
- (5) Airtasker'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.
i. If a Task is cancelled after it has been assigned, and no dispute has been lodged in relation to the cancellation by either the Poster or the Tasker, a credit will be applied to the Poster's account for the Agreed Price as a Airtasker Credits, which may be used for another Task. To the extent the credit has not been used after 18 months, it will be cancelled and retained by Airtasker.
2. UK Terms
If You are a User who has Your Airtasker Platform account in (or the Services are performed in) the UK, then the following terms will also apply to or may vary this Agreement to the extent specified: a. "Airtasker" means Airtasker UK Limited is a company registered in England and Wales under company number 10905556, with its registered office at 11 Ashley Piece, Ramsbury, Marlborough, United Kingdom, SN8 2QE, email support@airtasker.com and VAT number 280770787;
b. A reference to "£" is to Great British pound sterling;
c. The implied terms included in the Non-Excludable Conditions include the implied terms under the Consumer Rights Act 2015, which include (without limitation) that Airtasker's services under this Agreement are performed with reasonable care and skill;
d. The exclusions and limitations of liability shall be as follows:
- (1) Nothing in this Agreement excludes or limits Airtasker's liability for:
- (i) death or personal injury caused by our negligence;
- (ii) fraud or fraudulent misrepresentation; and
- (iii) any matter in respect of which it would be unlawful for Airtasker to exclude or restrict its liability.
- (2) If Airtasker fails to comply with the terms of this Agreement, Airtasker is responsible for loss or damage You suffer that is a foreseeable result of Airtasker's breach of this Agreement or Airtasker's negligence, but Airtasker is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of Airtasker's breach or if it was contemplated by You and Airtasker at the time that this Agreement became binding.
- (3) Save as set out in paragraph (1) above, Airtasker shall not be liable to You for any loss or damage arising out of or in any way connected with:
- (i) any transaction between Posters and Taskers; and
- (ii) any Third Party Service provider who may be included from time to time on the Airtasker Platform.
- (4) Save as set out in paragraph (1) above, Airtasker's liability to any User under this Agreement is limited to the total amount of payment made by that User to Airtasker during the twelve month period prior to any incident causing liability of Airtasker, or £30.00, whichever is greater;
e. The governing law and jurisdiction shall be as follows:
- (1) This Agreement is governed by English law. This means that Your access to and use of the Airtasker Platform, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims) will be governed by English law.
- (2) You can bring proceedings in respect of this Agreement in the English courts.
- (3) As a consumer, nothing in this Agreement, including paragraph (1) above, affects Your rights as a consumer to rely on such mandatory provisions of local law.
- (4) If we are not able to satisfy Your complaint about our Services, then Your complaint can be addressed to the Online Dispute Resolution website at http://ec.europa.eu/consumers/odr/ an official website managed by the European Commission dedicated to helping consumers and traders resolve their disputes out-of-court.
f. The following tax provisions shall apply:
- (1) If You are a Tasker, You must have the right to provide Services under a Task Contract and to work in the United Kingdom and You must not be established for VAT purposes outside the United Kingdom. You must comply with tax and regulatory obligations in relation to any payment (including the Tasker Funds) received under a Task Contract. You must not sell goods as a separate supply through the Airtasker Platform. If there is an incidental supply of goods as part of a supply of Services, then paragraph (2) will apply.
- (2) If the supply of any goods is part of a single supply of services for VAT purposes (and is not a separate supply), then the consideration for such goods will be part of the Agreed Price. If You are a Tasker and you supply any goods in conjunction with Your Services and such goods would constitute a separate supply for VAT purposes, then:
- (i) You must supply such goods outside of the Airtasker Platform and under a separate contract between You and the Poster; and
- (ii) the Agreed Price shall not constitute consideration for such goods and be dealt with in accordance with paragraph (1) above.
g. The Service Fee and/or the Cancellation Fee only becomes payable to Airtasker under this Agreement once Airtasker has performed its services. Therefore, You are not entitled to cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 in relation to the Service Fee and/or the Cancellation Fee.
3. Ireland Terms
If You are a User who has Your Airtasker Platform account in (or the Services are performed in) Ireland then the following terms will also apply to or may vary this Agreement to the extent specified:
a. "Airtasker" means Airtasker UK Limited a company registered in England and Wales under company number 10905556, with its registered office at 11 Ashley Piece, Ramsbury, Marlborough, United Kingdom, SN8 2QE, email support@airtasker.com and VAT number 280770787;
b. A reference to "€" is to Euro, the currency of certain European Union countries including Ireland;
c. The Non-Excludable Conditions include (i) the implied terms under the Sale of Goods and Supply of Services Act 1893 -1980 (as amended), which include (without limitation) that Airtasker's Services under this Agreement will be performed with due skill, care and diligence and that materials used will be sound and fit for purpose.
d. The exclusions and limitations of liability shall be as follows:
- (1) Nothing in this Agreement excludes or limits Airtasker's liability for:
- (i) death or personal injury caused by Airtasker's negligence;
- (ii) fraud or fraudulent misrepresentation; and
- (iii) any matter in respect of which it would be unlawful for Airtasker to exclude or restrict its liability.
- (2) If Airtasker fails to comply with the terms of this Agreement, Airtasker is responsible for loss or damage You suffer that is a foreseeable result of Airtasker's breach of this Agreement or Airtasker's negligence, but Airtasker is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of Airtasker's breach or if it was contemplated by You and Airtasker at the time that this Agreement became binding.
- (3) Save as set out in paragraph (1) above, Airtasker shall not be liable to You for any loss or damage arising out of or in any way connected with:
- (i) any transaction between Posters and Taskers; and
- (ii) any Third Party Service provider who may be included from time to time on the Airtasker Platform.
- (4) Save as set out in paragraph (1) above, Airtasker's liability to any User under this Agreement is limited to the total amount of payment made by that User to Airtasker during the twelve month period prior to any incident causing liability of Airtasker, or €30.00, whichever is greater;
e. The governing law and jurisdiction shall be as follows:
- (1) This Agreement shall be governed by Irish law. This means that Your access to and use of the Airtasker Platform, and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims) will be governed by Irish law.
- (2) You can bring proceedings in respect of this Agreement in the Irish courts.
- (3) As a consumer, nothing in this Agreement, including paragraph (1) above, affects Your rights as a consumer to rely on such mandatory provisions of local law.
- (4) If we are not able to satisfy Your complaint about our Services, then Your complaint can be addressed to the Online Dispute Resolution website at http://ec.europa.eu/consumers/odr/ an official website managed by the European Commission dedicated to helping consumers and traders resolve their disputes out-of-court.
f. The following tax provisions shall apply:
- (1) If You are a Tasker, You must have the right to provide Services under a Task Contract and to work in the Republic of Ireland and You must not be established for VAT purposes outside the Republic of Ireland. You must comply with tax and regulatory obligations in relation to any payment (including the Tasker Funds) received under a Task Contract. You must not sell goods as a separate supply through the Airtasker Platform. If there is an incidental supply of goods as part of a supply of Services, then paragraph (2) will apply.
- (2) If the supply of any goods is part of a single supply of services for VAT purposes (and is not a separate supply), then the consideration for such goods will be part of the Agreed Price. If You are a Tasker and You supply any goods in conjunction with Your Services and such goods would constitute a separate supply for VAT purposes, then:
- (i) You must supply such goods outside of the Airtasker Platform and under a separate contract between You and the Poster; and
- (ii) the Agreed Price shall not constitute consideration for such goods and be dealt with in accordance with paragraph (1) above.
g. The Service Fee and/or the Cancellation Fee only becomes payable to Airtasker under this Agreement once Airtasker has performed its services. Therefore, You are not entitled to cancellation rights under the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 in relation to the Service Fee and/or the Cancellation Fee.
4. New Zealand Terms
If You are a User who has Your Airtasker Platform account in (or the Services are performed in) New Zealand then the following terms will also apply to or may vary this Agreement to the extent specified:
a. a reference to NZ$, $NZ, NZD, dollar or $ is to New Zealand currency;
b. "Airtasker" means Airtasker New Zealand Limited NZBN 9429048413565;
c. "CGA" means the New Zealand Consumer Guarantees Act 1993;
d. "Consumer Guarantees" means the consumer guarantees contained in the CGA;
e. "Personal Information" has the same meaning given to it in the Privacy Act 1993;
f. This Agreement is governed by the laws of New Zealand. and
g. The following is added as clause 3.3 in the Model Contract of Appendix A "3.3 The parties incorporate the Consumer Guarantees into the Task Contract, even if they are not already incorporated by law.";
h. The exclusions and limitations of liability shall be as follows:
- (1) Except for liability in relation to breach of Non-excludable Condition, to the extent permitted by law, Airtasker 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 Posters and Taskers.
- (2) Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, Airtasker 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 Airtasker Platform.
- (3) Except for liability in relation to a breach of any Non-excludable Condition, and to the extent permitted by law, Airtasker is not liable for any Consequential Loss arising out of or in any way connected with the Airtasker Services.
- (4) Except for liability in relation to a breach of any Non-excludable Condition, Airtasker's liability to any User of the Airtasker Service is limited to the total amount of payment made by that User to Airtasker during the twelve month period prior to any incident causing liability of Airtasker, or NZ $50.00, whichever is greater.
- (5) Airtasker's liability to You for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.
i. The Service Fee and/or Cancellation Fee only becomes payable to Airtasker under this Agreement once Airtasker has performed its services. Therefore, to the extent permitted by law, you are not entitled to any applicable consumer cancellation rights.
5. Singapore Terms
If You are a User who has Your Airtasker Platform account in (or the Services are performed in) Singapore then the following terms will also apply to or may vary this Agreement to the extent specified:
a. a reference to SG$, $SG, SGD, dollar or $ is to Singapore currency;
b. "Airtasker" means Airtasker SGP PTE. LTD. Company registration number 202019830H;
c. "CPFTA" means the Consumer Protection (Fair Trading) Act (Cap. 52A);
d. "Consumer Guarantees" means the consumer guarantees contained in the CPFTA;
e. "Personal Information" has the same meaning given to it in the Privacy Act 1988 (Cth);
f. This Agreement is governed by the laws of Singapore; and
g. The following is added as clause 3.3 in the Model Contract of Appendix A "3.3 The parties incorporate the Consumer Guarantees into the Task Contract, even if they are not already incorporated by law.";
h. The exclusions and limitations of liability shall be as follows:
- (1) Except for liability in relation to breach of Non-excludable Condition, to the extent permitted by law, Airtasker 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 Posters and Taskers.
- (2) Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, Airtasker 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 Airtasker Platform.
- (3) Except for liability in relation to a breach of any Non-excludable Condition, and to the extent permitted by law, Airtasker is not liable for any Consequential Loss arising out of or in any way connected with the Airtasker Services.
- (4) Except for liability in relation to a breach of any Non-excludable Condition, Airtasker's liability to any User of the Airtasker Service is limited to the total amount of payment made by that User to Airtasker during the twelve month period prior to any incident causing liability of Airtasker, or SGD $50.00, whichever is greater.
- (5) Airtasker's liability to You for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.
i. The Service Fee and/or the Cancellation Fee only becomes payable to Airtasker under this Agreement once Airtasker has performed its services. Therefore, to the extent permitted by law, you are not entitled to any applicable consumer cancellation rights.
6. United States Terms
If You are a User who has Your Airtasker Platform account in (or the Services are performed in) the United States, then the following terms will also apply to or may vary this Agreement to the extent specified:
a. a reference to US$, $US, USD, dollar or $ is to United States currency;
b. "Airtasker" means Airtasker USA Inc.;
c. This Agreement is governed by the laws of the state of New York, without giving effect to any conflict of laws principles, and the parties submit to the exclusive jurisdiction of the state and federal courts located in New York, New York; and
d. The exclusions and limitations of liability shall be as follows:
- (1) TO THE FULLEST EXTENT PERMITTED BY LAW, THE AIRTASKER PLATFORM IS PROVIDED “AS IS,” AND AIRTASKER AND ITS EMPLOYEES, MANAGERS, MEMBERS, OFFICERS, SHAREHOLDERS, PARENT COMPANY, AGENTS, VENDORS AND CONTRACTORS (COLLECTIVELY, THE "AIRTASKER PARTIES") MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED. THE AIRTASKER PARTIES DO NOT WARRANT THAT THE AIRTASKER PLATFORM WILL OPERATE WITHOUT ERROR OR INTERRUPTION. THE AIRTASKER PARTIES SPECIFICALLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, QUALITY, ACCURACY, QUIET ENJOYMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
- (2) TO THE FULLEST EXTENT PERMITTED BY LAW, THE AIRTASKER PARTIES SPECIFICALLY DISCLAIM 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 (A) ANY TRANSACTION BETWEEN POSTERS AND TASKERS OR (B) ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER WHO MAY BE INCLUDED FROM TIME TO TIME ON THE AIRTASKER PLATFORM.
- (3) TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE AIRTASKER PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) THE AIRTASKER SERVICES, (B) ANY TRANSACTION BETWEEN POSTERS AND TASKERS, OR (C) ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER WHO MAY BE INCLUDED FROM TIME TO TIME ON THE AIRTASKER PLATFORM, IN ALL CASES (A) THROUGH (C) WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY OF THE AIRTASKER PARTIES HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
- (4) TO THE FULLEST EXTENT PERMITTED BY LAW, THE AIRTASKER PARTIES' LIABILITY TO ANY USER OF THE AIRTASKER SERVICE IS LIMITED TO THE TOTAL AMOUNT OF PAYMENT MADE BY THAT USER TO AIRTASKER DURING THE TWELVE MONTH PERIOD PRIOR TO ANY INCIDENT CAUSING LIABILITY OF AIRTASKER, OR $40.00, WHICHEVER IS GREATER.
- (5) EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THESE UNITED STATES TERMS WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
e. The Service Fee and/or the Cancellation Fee only becomes payable to Airtasker under this Agreement once Airtasker has performed its services. Therefore, to the extent permitted by law, you are not entitled to any applicable consumer cancellation rights.
Airtasker Glossary
"Agreement" means the most updated version of the agreement between Airtasker and a User.
"Agreed Price" means agreed price for Services (including any variation) paid into the Payment Account made by the Poster but does not include any Service Fees or other costs incurred by the Tasker when completing Services which the Poster agrees to reimburse.
"Airtasker", "we" "us" or "our" means the legal entity prescribed in Your Country Specific Terms.
"Airtasker Badge" means a badge that may be issued to a User based on the User meeting certain qualifications or other thresholds, including Verification Icons, as determined and set by Airtasker.
"Airtasker Credits" means the physical or virtual card, coupon, voucher, code or a discount or refund provided as an account credit (, which includes payment returns of the Agreed Price (in the context of a cancellation of a Task Contract)) or anything else identified or described as 'Airtasker Credit' in this Agreement, for use on the Airtasker Platform.
"Airtasker Platform" means the Airtasker website at https://www.airtasker.com/, Airtasker smartphone app, and any other affiliated platform that may be introduced from time to time.
"Airtasker Service" means the service of providing the Airtasker Platform, which for the avoidance of doubt, includes any features available on the Airtasker Platform for Users, such as payment processing functionality.
"Badge" means an Airtasker Badge and Verification Icon.
"Business Day" means a day on which banks are open for general business in the jurisdiction where Users have their Airtasker Platform account, other than a Saturday, Sunday or public holiday.
"Business Partner Contract" means a contract between a Business Partner and a Tasker to perform Business Services.
"Business Partner" means the business or individual that enters into an agreement with Airtasker to acquire Business Services.
"Business Services" means Services provided by a Tasker to a Business Partner acquired for the purpose of on selling to a third party (such as the Business Partner's customer).
"Cancellation Fee" means:
- the Connection Fee paid by the Poster if the Poster is responsible for the cancellation; or
- an amount equal to the Connection Fee for the applicable Task Contract, payable by the Tasker if the Tasker is responsible for the cancellation.
"Connection Fee" means the fee payable by the Poster to Airtasker as consideration for the Airtasker Services (separate to the Agreed Price) which is displayed to a Poster prior to entering into each Task Contract.
"Consequential Loss" means any loss, damage or expense recoverable at law:
- a. other than a loss, damage or expense that would be suffered or incurred by any person in a similar situation to the person suffering or incurring the loss, damage or expense; or
- b. which is a loss of:
- a. opportunity or goodwill;
- b. profits, anticipated savings or business;
- c. data; or
- d. value of any equipment, and any costs or expenses incurred in connection with the foregoing.
"Country Specific Terms" means those terms set out in Appendix B.
"Customer" means a User that uses the Airtasker Platform to search for particular Services.
"Fees" means all fees payable to Airtasker by Users including the Service Fee.
"Identity Verification Services" means the tools available to help Users verify the identity, qualifications or skills of other Users including mobile phone verification, verification of payment information, References, integration with social media, Airtasker Badges and Verification Icons.
"Non-excludable Condition" means any implied condition, warranty or guarantee in a contract, the exclusion of which would contravene the law or cause any part of the contract to be void. Further detail on the Non-excludable Conditions for consumers in the United Kingdom and in Ireland is set out in the relevant Your Country Specific Terms.
"Offer" means an offer made by a Tasker in response to a Posted Task to perform the Services.
"Payment Account" means the account operated by the Payment Provider.
"Payment Provider" means an entity appointed by Airtasker that manages and operates the Payment Account including accepting payments from and making payments to Users.
"Personal Information" has the same meaning as described in Your Country Specific Terms.
"Policies" means the policies posted by Airtasker on the Airtasker Platform, including but not limited to the Community Guidelines.
"Poster" means a User that uses the Airtasker Platform to search for particular Services.
"Posted Task" means the Poster's request for Services published on the Platform (including via Search Assist), and includes the deadline for completion, price and description of the Services to be provided.
"Reference" means a feature allowing a User to request other Users to post a reference on the Airtasker Platform endorsing that User.
"Service Fee" means the Connection Fee and the Tasker Service Fee.
"Services" means the services to be rendered as described in the Posted Task, including any variations or amendments agreed before or subsequent to the creation of a Task Contract.
"Task Contract" means the separate contract which is formed between a Poster and a Tasker for Services. In the absence of, or in addition to, any terms specifically agreed, the model terms of which are included in Appendix A to the Agreement apply to Task Contracts.
"Tasker" means a User who provides Services to Posters.
"Tasker Funds" means the Agreed Price less the Tasker Service Fee.
"Tasker Listing" means a page published by a Tasker, containing details (including prices) of a service they are willing to provide to Posters.
"Tasker Service Fee" means the fee payable by the Tasker to Airtasker as consideration for the Airtasker Services (and comprised as part of the Agreed Price) displayed to a Tasker prior to entering into each Task Contract.
"Third Party Dispute Service" means a third party dispute resolution service provider used to resolve any disputes between Users.
"Third Party Service" means the promotions and links to services offered by third parties as may be featured on the Airtasker Platform from time to time.
"User" or "You" means the person who has signed up to use the Airtasker Platform, whether as the Customer, Poster, Tasker, or otherwise.
"Verification Icons" means the icons available to be displayed on a User's profile and any such posts on the Airtasker Platform to confirm details such as a User's qualification, license, certificate or other skill.
Rules of Interpretation:
In the Airtasker Agreement and all Policies, except where the context otherwise requires:
- a. the singular includes the plural and vice versa, and a gender includes other genders;
- b. another grammatical form of a defined word or expression has a corresponding meaning;
- c. a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;
- d. the applicable currency shall be the currency specified in Your Country Specific Terms;
- e. a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
- f. a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
- g. the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;
- h. headings are for ease of reference only and do not affect interpretation;
- i. any agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally; and
- j. a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this agreement or any part of it.
Revised 30 September 2024 copyright Airtasker Limited 2011-2024