Terms & Conditions

The Helm Mobile App (App) and the corresponding website is owned and operated by The Warranty Group Australasia Pty Ltd (ABN 37 005 004 446) and NM Insurance Pty Ltd (ABN 34 100 633 038) and their successors and assignees, (The Helm, we, our or us).

By downloading or using The Helm Mobile App, these Terms and Conditions will automatically apply to you – please read them carefully before using the App.

If you are a consumer, please click here

If you are a Business, please click here

Customer Terms and Conditions

Please read The Helm Mobile App Terms and Conditions (Terms and Conditions) carefully.  By using our Services, you agree to comply with, and be bound by, these Terms and Conditions.

These Customer Terms and Conditions apply to every Customer who uses The Helm Mobile Platform, or any other website, information, software, products and/or services that we provide.

1. The HELM Service

1.1 The use of The Helm Platform is provided free of charge.

1.2 We provide The Helm Platform to enable You to procure marine related services from Vendors.

1.3 You may publish Service Requests on the Helm Platform.

1.4 You may revoke or modify a Service Request at any time before you accept a Bid.

1.5 If you accept a Bid on The Helm Platform, a binding agreement is created between you and the Vendor incorporating the Service Terms and Conditions (Service Contract).

1.6 Once the Service Contract is created, you and the Vendor may vary the Service Contract on The Helm Platform.

1.8 After the Services are completed, you are encouraged to review and provide feedback on the Services on The Helm Platform.

1.9 All Task Payments are to be made by you to the Vendor outside this Platform.  We have no legal obligations, responsibilities or liabilities in relation to the payment by you to the Vendor for the Services.

2. OUR RIGHTS AND OBLIGATIONS

2.1 We provide The Helm Platform only, enabling You to publish Service Requests and Vendors to make Bids on Service Requests.

2.2 At our absolute discretion, we may refuse to allow any person to register or create an account with The Helm or cancel or suspend any existing account.

2.3 The Helm makes no representation concerning, and expressly does not endorse, any of the Vendors or the Services they provide. The Helm accepts no liability for any aspect of your interactions with Vendors, including, but not limited to, the description, performance or delivery of, or payment for, the Services.

2.4 The Helm has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users, including, but not limited to, the ability of Vendors to perform tasks or supply items, or the honesty or accuracy of any information provided by You or Vendors.

2.5 Except for liability in relation to any Non-excludable Condition, The Helm 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 to extent allowed by law.

2.6 The Helm has no obligation to assist or involve itself in any dispute between You and Vendors although it may do so to improve User experience and in accordance with clause 5 of this Agreement.

3. USER RIGHTS AND OBLIGATIONS

3.1 It is a condition of use that You must:

  1. read and accept these Terms and Conditions and all Policies available on our website, as updated from time-to-time before using The Helm Platform; and
  2. not send the App to, or share the App, with anyone else or allow any other person to access or use their account; and
  3. not copy, or modify The Helm Platform, either in whole or in part, in any way, including but not limited to, extracting or attempting to extract the source code of The Helm Platform, translating The Helm Platform into other languages, or make derivative versions; and
  4. ensure that they are aware of any laws that apply to them, or in relation to using The Helm Platform, including but not limited to the Australian Consumer Law and Privacy Laws.

3.2 In using The Helm Platform, you warrant that you:

  1. have had sufficient opportunity to access these Terms and Conditions; and
  2. have read, accepted and will comply with our Terms and Conditions; and
  3. are aged 16 years or older; and
  4. will not use The Helm Platform if you do not agree to these Terms and Conditions.

3.3 You agree that any content (whether provided by us, a User or a third party) on The Helm Platform may not be used on third party sites or for other business purposes without our prior permission.

3.4 You must not use The Helm Platform for any illegal or immoral purpose.

3.5 You must maintain control of your account and must not deal with your account in any way, including by allowing others to use your account, or by transferring or selling your account or any of its content to another person.

3.6 You grant us an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on The Helm Platform for the purpose of publishing material on The Helm Platform and as otherwise may be required to provide The Helm Service, for the general promotion of The Helm Service, and as permitted by these Terms and Conditions.

3.8 Without limiting any provision of these Terms and Conditions, any information you supply to us or publish in a Service Request or in any other way on The Helm Platform must be up to date and kept up to date and must not:

  1. be false, inaccurate or misleading or deceptive;
  2. be fraudulent or involve the sale of counterfeit or stolen items;
  3. infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
  4. 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);
  5. be defamatory, libellous, threatening or harassing;
  6. be obscene or contain any material that, in our sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images; or
  7. contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any The Helm 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 Helm Platform may from time to time engage location-based or map-based functionality. The Helm Platform may display Your location to persons browsing The Helm Platform. You will be asked to provide the street and suburb where the Services are to be delivered.

3.9 If we determine, at our sole discretion that you have breached any obligation under this clause 3, we reserve our rights to remove any Service Request or other content you have submitted or cancel or suspend your account and/or any Service Requests.

4. PRIVACY

4.1 Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth). Our Privacy Policy sets out the manner in which we treat/s your personal information.

4.2 Our Privacy Policy, which is available on our website, applies to all Customers and forms part of this Agreement. Use of The Helm Platform confirms that You consent to, and authorise, the collection, use and disclosure of your personal information in accordance with Our Privacy Policy.

5. THE HELM DISPUTE RESOLUTION

5.1 We encourage Customers to try and resolve disputes (including claims for returns or refunds) with Vendors directly. If a dispute arises you are required to attempt to resolve the dispute within 14 days by informal negotiation (by phone, email or otherwise).

5.2 Where you are unable to resolve the dispute in accordance with clause 5.1, you may refer the dispute to us. If you and the Vendor agree to have the dispute determined by us, we will select and appoint a person to make a determination on the dispute. Any determination will be binding on you and the Vendor. This dispute resolution option will be offered in our sole discretion, and the person selected and appointed to determine the dispute will be appointed in our sole discretion. We may also, at our discretion, request you to refer the dispute to a Third Party Dispute Resolution Service. Our dispute resolution terms and conditions can be found on our website.

5.3 You acknowledge and consent to us providing, in our absolute discretion, your information to other parties involved in the dispute, including a Third Party Dispute Resolution Service, for the purpose of resolving the dispute.

5.4 If we provide information of other User(s) to you for the purposes of resolving disputes under this clause 5, you acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose), that you will keep the information confidential, and that you will indemnify us against any claims relating to any other use of such information not permitted by these Terms and Conditions.

5.5 Nothing in this clause 5 prevents you from engaging in any other form of dispute resolution available, including litigation.

5.6 If you have a complaint about us or The Helm Platform, please contact us 1300 780 533 and via email connect@thehelmapp.com

6. LIMITATION ON LIABILITY

6.1 Except for liability in relation to breach of any Non-excludable Condition, to the extent permitted by law we 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:

  1. any transaction between You and Vendors; or
  2. any transaction between you and any Third Party Service Provider who may be included from time to time on The Helm Platform.

6.2 Our 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.

EXCLUSIONS

7.1 To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees, warranties and terms relating to the Services and these Terms and Conditions, except as set out in these Terms and Conditions.

7.2 To the maximum extent permitted by law, we are not and will not be liable or responsible for any expenses, losses, costs or damages (whether direct or indirect) caused to or incurred by any user of The Helm Platform, including damages for loss of use and/or loss of data, arising out of the performance of The Helm Platform.

7.3 This clause will survive termination of these Terms and Conditions.

8. INDEMNITY

7.1  You are liable for and agree to indemnify, defend and hold us harmless for and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:

  1. any information that is not accurate, up to date or complete or is misleading or a misrepresentation;
  2. any breach of these Terms and Conditions; and
  3. any misuse of The Helm Platform,

from or by you, your employees, contractors or agents.

7.2 You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of The Helm Platform including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.

7.3 The obligations under this clause will survive termination of these Terms and Conditions.

8. TERMINATION

8.1 Either you or we may terminate your account at any time for any reason.

8.2 Termination of this Agreement does not affect any Service Contract that has been formed between Users of The Helm.

8.3 If you have entered into a Service Contract you must comply with the terms of that Service Contract including paying the Task Payment, unless the Service Contract is terminated in accordance with clause 7(c) of the Service Terms and Conditions.

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

8.5 If your account or these Terms and Conditions are terminated for any reason then you may not without our consent (in our absolute discretion) create any further accounts with The Helm Platform and we may terminate any other accounts you create and/or operate.

9. COMMUNICATION

9.1 We are not under any obligation to monitor any communications entered into between Users regarding the Services, but we have the right to check and investigate any such communications. We reserve the right to revoke your ability to communicate on The Helm Platform immediately, at any time, for any reason.

9.2 We do not endorse the content of any information posted on The Helm Platform other than that posted by one of our employees or authorised service providers.

10. FEEDBACK

10.1 You can complain about any Reference made on The Helm Platform by contacting us via The Hub which is accessible via our website.

10.2 We are entitled to suspend or terminate your account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or consider your feedback rating to be problematic for other Users.

11. MODIFICATIONS

11.1 We reserve the right to amend in any way we see fit these Terms and Conditions, by updating them on our website.

11.2 You agree that by continuing to use The Helm Platform after the date of any amendment to these Terms and Conditions you are agreeing to the relevant amendments.

12. INCORPORATION OF POLICIES

12.1 The Terms and Conditions and each Service Contract incorporate by reference the applicable Policies, as defined in the Terms and Conditions. The Policies can be found on our website.

13. GENERAL

13.1 Publicity: You consent to us advertising or publicly announcing that you have used The Helm Platform, except to the extent that it will breach any of your intellectual property rights or the Privacy Law.

13.2 Email: You acknowledge that we are able to send electronic mail to you and receive electronic mail from you, except where you have explicitly requested not to receive, or unsubscribe from receiving, any marketing and/or promotional material. You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.

13.3 Relationship of parties: The Terms and Conditions are not intended to create a relationship between the parties of partnership, joint venture, or employer-employee.

13.4 Severance: If any provision (or part of it) of the Terms and Conditions is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) of these Terms and Conditions cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and Conditions and the remaining provisions (and/or remaining part of the provision) of the Terms and Conditions are valid and enforceable.

13.5 Jurisdiction & Governing Law: These Terms and Conditions are governed and construed in accordance with the laws of Victoria. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of Victoria.

13.6 Entire Agreement: These Terms and Conditions make up the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.

13. DEFINITIONS

"ACL" means the Australian Consumer Law as contained in the Competition and Consumer Act 2010 as amended from time to time.

"Agreement" means the most up-to-date version of these Terms and Conditions between us and a User.

"Bid" means an offer made by a Vendor in response to a Service Request by a Customer to perform the Services.

"Consequential Loss" means any loss, damage or expense recoverable at law:

  1. 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
  2. which is a loss of:

    1. opportunity or goodwill;
    2. profits, anticipated savings or business;
    3. data; or
    4. value of any equipment,

    and any costs or expenses incurred in connection with the foregoing.

"Consumer Guarantees" means the consumer guarantees contained in Part 3-2 of the ACL as amended from time-to-time.

"Customer" means a User that posts a Service Request on The Helm Platform.

"Marketing Material" means any updates, news and special offers in relation to The Helm or its Third Party Services.

"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.

"Our website" means www.thehelmapp.com.

"Policies" means the policies posted our website, including but not limited to the Privacy Policy and Community Guidelines.

"Privacy Laws" means the Privacy Act 1988 and the Australian Privacy Principles, the Spam Act 2003 (Cth), the Telecommunications Act 1997 (Cth), any registered APP Code that binds a party, and any other applicable law.

"Reference" means a feature allowing a User to request other Users to post a reference on The Helm Platform endorsing that User.

"Services" means the services to be rendered under the Service Contract as described in the Service Request, including any variations or amendments agreed before or subsequent to the creation of a Service Request.

"Service Contract" means the agreement formed between the Vendor and a Customer upon acceptance by the Customer of the Vendor's Bid.

"Service Request" means the service request form found on The Helm Platform, as updated from time to time.

"Service Terms and Conditions" means the terms and conditions which are set out in Appendix A to these The Helm Mobile Apps Terms & Conditions and which will govern any Service Contract.

"Take Down Notice" means any request for The Helm to remove content on The Helm Platform due to a claim of copyright infringement.

"Task Payment" means the amount specified by the Vendor for completion of the Services as accepted by the Customer.

"The Helm", “us”, “our” or “we” refers to The Warranty Group Australasia Pty Ltd and NM Insurance Pty Ltd.

"The Helm Dispute Resolution" means dispute resolution requested by Users, which will result in a binding decision. The person appointed to determine the dispute will be selected and appointed in our sole discretion.

"The Helm Mobile App" or "App" means the smart device application called The Helm.

"The Helm Platform" means The Helm Mobile App, and any other affiliated platform that may be introduced from time to time.

"The Helm Services" means the service of providing The Helm Platform.

"Third Party Dispute Resolution Service" means a third party dispute resolution service provider used to resolve any disputes between Users.

"Third Party Services" means the promotions and links to services offered by third parties as may be featured on The Helm Platform from time to time.

"User" means a person who has registered and created an account to use The Helm Platform. User is defined to variously refer to a Customer or a Vendor, as the context implies. A User can be either a natural person or an entity.

"Vendor" means a User who provides Services to Customers.

You” or “your” refers to the Customer who has registered for and is using The Helm Platform.

14. INTERPRETATION

In these Terms and Conditions and all Policies, except where the context otherwise requires:

  1. the singular includes the plural and vice versa, and a gender includes other genders;
  2. another grammatical form of a defined word or expression has a corresponding meaning;
  3. a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;
  4. a reference to A$, $A, dollar or $ is to Australian currency;
  5. a reference to time is to the time in New South Wales, Australia;
  6. a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
  7. 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;
  8. the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;
  9. headings are for ease of reference only and do not affect interpretation;
  10. 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
  11. 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.

APPENDIX A:

SERVICE TERMS AND CONDITIONS

The terms used in this Service Terms and Conditions have the meaning set out in The Helm Mobile Apps Terms & Conditions.

A Service Contract is created in accordance with The Helm Mobile Apps Terms & Conditions. The Customer and the Vendor enter into this Service Contract on the following terms:

1 COMMENCEMENT DATE AND TERM

1.1 This Service Contract is created when the Customer accepts the Vendor's Bid on a Service Request to provide Services.

1.2 The Users obligations pursuant to the Services Contract will continue until it is terminated in accordance with clause 7 of the Service Terms and Conditions.

2 SERVICES

2.1 The Vendor must perform Services in a proper and workmanlike manner.

2.2 The Vendor must perform the Services at the time and location agreed.

2.3 The Customer must make the Task Payment within the timeframe and in the manner as agreed between the Users.

3 WARRANTIES

3.1 Each User warrants that the information provided in the Service Request, Bid and other communications used in the creation of a Service Contract is true and accurate.

3.2 The Vendor warrants that it has the right to work and provide the Services and holds any required licences and insurances in Australia.

3.3 The Users incorporate the Consumer Guarantees into this Service Contract, even if they are not already incorporated by law.

4 PAYMENT OR CANCELLATION

4.1 All Task Payments by the Customer to the Vendor are to be made outside this Platform and we shall not have any legal obligations in relation to such payment nor shall we have any liabilities whatsoever in relation to such payment.

4.3 A Service Contract will be cancelled if the Users agree to cancel or the Customer is unable to contact the Vendor to perform the Service Request.

5 LIMITATION OF LIABILITY

5.1 Except for liability in relation to a breach of a Non-excludable Condition, Users exclude all Consequential Loss arising out of or in connection with the Services or this Service Contract, even if the User causing the breach knew the loss was possible or the loss was otherwise foreseeable.

5.2 The liability of each User to another User except for a breach of any Non-Excludable Condition is capped at an amount equal to the Task Payment.

6 DISPUTES

6.1 If a dispute arises between Users, the Users will attempt to resolve the dispute within 14 days by informal negotiation (by phone, email or otherwise).

6.2 If the Users are unable to resolve the dispute in accordance with clause 6.1 of these Service Terms and Conditions, a User may elect to resolve the dispute in accordance with the Dispute Resolution clause (clause 5) of the Helm Mobile Apps Terms and Conditions.

7 TERMINATION OF CONTRACT

7.1 This Service Contract will terminate:

  1. when the Services are completed;
  2. if a User is terminated or suspended by The Helm from The Helm Platform, at the election of the other User;
  3. when otherwise agreed by the Users or if determined under the Helm Dispute Resolution; or
  4. if notified by us in accordance with the Terms and Conditions.

Vendor Terms and Conditions

Please read The Helm Mobile App Terms and Conditions (Terms and Conditions) carefully. By using our Services, you agree to comply with, and be bound by, these Terms and Conditions.

The Terms and Conditions apply to every Vendor who uses The Helm Mobile Platform, or any other website, information, software, products and/or services that we provide.

1. THE HELM SERVICE

1.1 The use of The Helm Platform is provided free of charge.

1.2 We provide The Helm Platform to enable you to bid for the provision of marine related services to Customers.

1.3 You may make a Bid in response to a Service Request published by a Customer. Some Bid details may be made publicly available, including to internet users who are not Users. Each Bid will be made on the basis of the Service Terms and Conditions.

1.4 When your Bid is accepted, a binding agreement is created between you and the Customer incorporating the Service Terms and Conditions (Service Contract).

1.5 Once the Service Contract is created, you and the Customer may vary the Service Contract on The Helm Platform.

1.6 After the Services are completed, the Customer is encouraged to review and provide feedback on the Services on The Helm Platform.

1.7 All Task Payments are to be made by the Customer to you outside this Platform. We have no legal obligations, responsibilities or liabilities in relation to the payment by the Customer for the Services.

2. OUR RIGHTS AND OBLIGATIONS

2.1 We provide The Helm Platform only, enabling Users to publish Service Requests and make Bids on Service Requests.

2.2 At our absolute discretion, we may refuse to allow any person to register or create an account with The Helm or cancel or suspend any existing account.

2.3 The Helm accepts no liability for any aspect of your interactions with Customers, including, but not limited to, the description, performance or delivery of, or payment for, the Services.

2.4 The Helm has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Customers, or the Customer's ability to pay for the Services.

2.5 Except for liability in relation to any Non-excludable Condition, The Helm 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 to extent allowed by law.

2.6 The Helm has no obligation to assist or involve itself in any dispute between you and a Customer although may do so to improve User experience and in accordance with clause 5 of this Agreement.

3. USER RIGHTS AND OBLIGATIONS

3.1 It is a condition of use that you must:

  1. read and accept these Terms and Conditions and all Policies available on our website, as updated from time-to-time before using The Helm Platform; and
  2. not send the App to, or share the App, with anyone else or allow any other person to access or use their account; and
  3. not copy, or modify The Helm Platform, either in whole or in part, in any way, including but not limited to, extracting or attempting to extract the source code of The Helm Platform, translating The Helm Platform into other languages, or make derivative versions; and
  4. ensure that they are aware of any laws that apply to them, or in relation to using The Helm Platform, including but not limited to the Australian Consumer Law and Privacy Laws.

3.2 In using The Helm Platform, you warrant that you:

  1. have had sufficient opportunity to access these Terms and Conditions; and
  2. have read, accepted and will comply with our Terms and Conditions; and
  3. are aged 16 years or older; and
  4. will not use The Helm Platform if you do not agree to these Terms and Conditions.

3.3 You agree that any content (whether provided by us, a User or a third party) on The Helm Platform may not be used on third party sites or for other business purposes without our prior permission.

3.4 You must not use The Helm Platform for any illegal or immoral purpose.

3.5 You must maintain control of your account and must not deal with your account in any way, including by allowing others to use your account, or by transferring or selling your account or any of its content to another person.

3.6 You grant us an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on The Helm Platform for the purpose of publishing material on The Helm Platform and as otherwise may be required to provide The Helm Service, for the general promotion of The Helm Service, and as permitted by these Terms and Conditions.

3.7 Without limiting any provision of these Terms and Conditions, any information you supply to us or publish in a Service Request or in any other way on The Helm Platform must be up to date and kept up to date and must not:

  1. be false, inaccurate or misleading or deceptive;
  2. be fraudulent or involve the sale of counterfeit or stolen items;
  3. infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
  4. 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);
  5. be defamatory, libellous, threatening or harassing;
  6. be obscene or contain any material that, in our sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images; or
  7. contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any The Helm 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 Helm Platform may from time to time engage location-based or map-based functionality. The Helm Platform may display your location to persons browsing The Helm Platform.

3.9 If we determine, at our sole discretion that you have breached any obligation under this clause 3, we reserve our rights to remove any content, Service Request or Bid you have submitted or cancel or suspend your account and/or any Service Requests.

4. PRIVACY

4.1 Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth). Our Privacy Policy sets out the manner in which we treat your personal information.

4.2 Our Privacy Policy, which is available on our website, applies to all Users and forms part of this Agreement. Use of The Helm Platform confirms that you consent to, and authorise, the collection, use and disclosure of your personal information in accordance with Our Privacy Policy.

5. THE HELM DISPUTE RESOLUTION

5.1 We encourage Vendors to try and resolve disputes (including claims for returns or refunds) with Customers directly. If a dispute arises, you are required to attempt to resolve the dispute within 14 days by informal negotiation (by phone, email or otherwise).

5.2 Where you are unable to resolve the dispute in accordance with clause 5.1, you may refer the dispute to us. If you and the Customer involved in the dispute agree to have the dispute determined by us, we will select and appoint a person to make a determination in the dispute. Any determination will be binding on you and the Customer. This dispute resolution option will be offered in our sole discretion, and the person selected and appointed to determine the dispute will be appointed in our sole discretion. We may also, at our discretion, request the you to refer the dispute to a Third Party Dispute Resolution Service. Our dispute resolution terms and conditions can be found on our website.

5.3 You acknowledge and consent to us providing, in our absolute discretion, your information to other parties involved in the dispute, including a Third Party Dispute Resolution Service, for the purpose of resolving the dispute.

5.4 If we provide information of other User(s) to you for the purposes of resolving disputes under this clause 5, you acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose), that you will keep the information confidential except where required by law, and that you will indemnify us against any claims relating to any other use of information not permitted by these Terms and Conditions.

5.5 Nothing in this clause 5 prevents you from engaging in any other form of dispute resolution available, including litigation.

5.6 If you have a complaint about us or The Helm Platform, please contact us 1300 780 533 and via email connect@thehelmapp.com

6. LIMITATION ON LIABILITY

6.1 Except for liability in relation to breach of any Non-excludable Condition, to the extent permitted by law we 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:

  1. any transaction between you and a Customer; or
  2. any transaction between you and any Third Party Service Provider who may be included from time to time on The Helm Platform.

6.2 Our 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.

7. EXCLUSIONS

7.1 To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees, warranties and terms relating to the Services and these Terms and Conditions, except as set out in these Terms and Conditions.

7.2 To the maximum extent permitted by law, we are not and will not be liable or responsible for any expenses, losses, costs or damages (whether direct or indirect) caused to or incurred by any user of The Helm Platform, including damages for loss of use and/or loss of data, arising out of the performance of The Helm Platform.

7.3 This clause will survive termination of these Terms and Conditions.

8. INDEMNITY

7.1 You are liable for and agree to indemnify, defend and hold us harmless for and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:

  1. any information that is not accurate, up to date or complete or is misleading or a misrepresentation;
  2. any breach of these Terms and Conditions; and
  3. any misuse of The Helm Platform,

from or by you, your employees, contractors or agents.

7.2 You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of The Helm Platform including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.

7.3 The obligations under this clause will survive termination of these Terms and Conditions.

8. TERMINATION

8.1 Either you or we may terminate your account at any time for any reason.

8.2 Termination of this Agreement does not affect any Service Contract that has been formed between you and any Customer.

8.3 If you have entered into a Service Contract you must comply with the terms of that Service Contract including providing the Services, unless the Service Contract is terminated in accordance with clause 7(c) of the Service Terms and Conditions.

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

8.5 If your account or these Terms and Conditions are terminated for any reason then you may not without our consent (in our absolute discretion) create any further accounts with The Helm Platform and we may terminate any other accounts you create and/or operate.

9. COMMUNICATION

9.1 We are not under any obligation to monitor any communications entered into between Users regarding the Services, but we have the right to check and investigate any such communications. We reserve the right to revoke your ability to communicate on The Helm Platform immediately, at any time, for any reason.

9.2 We do not endorse the content of any information posted on The Helm Platform other than that posted by one of our employees or authorised service providers.

10. FEEDBACK

10.1 You can complain about any Reference made on The Helm Platform by contacting us via The Hub which is accessible via our website.

10.2 We are entitled to suspend or terminate your account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or consider your feedback rating to be problematic for other Users.

11. MODIFICATIONS

11.1 We reserve the right to amend in any way we see fit these Terms and Conditions, by updating them on our website.

11.2 You agree that by continuing to use The Helm Platform after the date of any amendment to these Terms and Conditions you are agreeing to the relevant amendments.

12. INCORPORATION OF POLICIES

12.1 The Terms and Conditions and each Service Contract incorporate by reference the applicable Policies, as defined in the Terms and Conditions. The Policies can be found on our website.

13. GENERAL

13.1 Publicity: You consent to us advertising or publicly announcing that you have used The Helm Platform, except to the extent that it will breach any of your intellectual property rights or the Privacy Law.

13.2 Email: You acknowledge that we are able to send electronic mail to you and receive electronic mail from you, except where you have explicitly requested not to receive, or unsubscribe from receiving, any marketing and/or promotional material. You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.

13.3 Relationship of parties: The Terms and Conditions are not intended to create a relationship between the parties of partnership, joint venture, or employer-employee.

13.4 Severance: If any provision (or part of it) of the Terms and Conditions is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) of these Terms and Conditions cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and Conditions and the remaining provisions (and/or remaining part of the provision) of the Terms and Conditions are valid and enforceable.

13.5 Jurisdiction & Governing Law: These Terms and Conditions are governed and construed in accordance with the laws of Victoria. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of Victoria.

13.5 Entire Agreement: These Terms and Conditions make up the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.

13. DEFINITIONS

"ACL" means the Australian Consumer Law as contained in the Competition and Consumer Act 2010 as amended from time to time.

"Agreement" means the most up-to-date version of these Terms and Conditions between us and a User.

"Bid" means an offer made by a Vendor in response to a Service Request by a Customer to perform the Services.

"Consequential Loss" means any loss, damage or expense recoverable at law:

  1. 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
  2. which is a loss of:

    1. opportunity or goodwill;
    2. profits, anticipated savings or business;
    3. data; or
    4. value of any equipment,

    and any costs or expenses incurred in connection with the foregoing.

"Consumer Guarantees" means the consumer guarantees contained in Part 3-2 of the ACL as amended from time-to-time.

"Customer" means a User that posts a Service Request on The Helm Platform.

"Marketing Material" means any updates, news and special offers in relation to The Helm or its Third Party Services.

"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.

"Our website" means www.thehelmapp.com.

"Policies" means the policies posted our website, including but not limited to the Privacy Policy and Community Guidelines.

"Privacy Laws" means the Privacy Act 1988 and the Australian Privacy Principles, the Spam Act 2003 (Cth), the Telecommunications Act 1997 (Cth), any registered APP Code that binds a party, and any other applicable law.

"Reference" means a feature allowing a User to request other Users to post a reference on The Helm Platform endorsing that User.

"Services" means the services to be rendered under the Service Contract as described in the Service Request, including any variations or amendments agreed before or subsequent to the creation of a Service Request.

"Service Contract" means the agreement formed between the Vendor and a Customer upon acceptance by the Customer of the Vendor's Bid.

"Service Request" means the service request form found on The Helm Platform, as updated from time to time.

"Service Terms and Conditions" means the terms and conditions which are set out in Appendix A to these The Helm Mobile Apps Terms & Conditions and which will govern any Service Contract.

"Take Down Notice" means any request for The Helm to remove content on The Helm Platform due to a claim of copyright infringement.

"Task Payment" means the amount specified by the Vendor for completion of the Services as accepted by the Customer.

"The Helm", “us”, “our” or “we” refers to The Warranty Group Australasia Pty Ltd and NM Insurance Pty Ltd.

"The Helm Dispute Resolution" means dispute resolution requested by Users, which will result in a binding decision. The person appointed to determine the dispute will be selected and appointed in our sole discretion.

"The Helm Mobile App" or "App" means the smart device application called The Helm.

"The Helm Platform" means The Helm Mobile App, and any other affiliated platform that may be introduced from time to time.

"The Helm Services" means the service of providing The Helm Platform.

"Third Party Dispute Resolution Service" means a third party dispute resolution service provider used to resolve any disputes between Users.

"Third Party Services" means the promotions and links to services offered by third parties as may be featured on The Helm Platform from time to time.

"User" means a person who has registered and created an account to use The Helm Platform. User is defined to variously refer to a Customer or a Vendor, as the context implies. A User can be either a natural person or an entity.

"Vendor" means a User who provides Services to Customers.

“You” or “your” refers to the Vendor who has registered for and is using The Helm Platform.

14. INTERPRETATION

In these Terms and Conditions and all Policies, except where the context otherwise requires:

  1. the singular includes the plural and vice versa, and a gender includes other genders;
  2. another grammatical form of a defined word or expression has a corresponding meaning;
  3. a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;
  4. a reference to A$, $A, dollar or $ is to Australian currency;
  5. a reference to time is to the time in New South Wales, Australia;
  6. a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
  7. 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;
  8. the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;
  9. headings are for ease of reference only and do not affect interpretation;
  10. 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
  11. 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.

APPENDIX A:

SERVICE TERMS AND CONDITIONS

The terms used in this Service Terms and Conditions have the meaning set out in The Helm Mobile Apps Terms & Conditions.

A Service Contract is created in accordance with The Helm Mobile Apps Terms & Conditions. The Customer and the Vendor enter into this Service Contract on the following terms:

1. COMMENCEMENT DATE AND TERM

1.1 This Service Contract is created when the Customer accepts the Vendor's Bid on a Service Request to provide Services.

1.2 The Users obligations pursuant to the Services Contract will continue until it is terminated in accordance with clause 7 of the Service Terms and Conditions.

2. SERVICES

2.1 The Vendor must perform Services in a proper and workmanlike manner.

2.2 The Vendor must perform the Services at the time and location agreed.

2.3 The Customer must make the Task Payment within the timeframe and in the manner as agreed between the Users.

3. WARRANTIES

3.1 Each User warrants that the information provided in the Service Request, Bid and other communications used in the creation of a Service Contract is true and accurate.

3.2 The Vendor warrants that it has the right to work and provide the Services and holds any required licences and insurances in Australia.

3.3 The Users incorporate the Consumer Guarantees into this Service Contract, even if they are not already incorporated by law.

4. PAYMENT OR CANCELLATION

4.1 All Task Payments by the Customer to the Vendor are to be made outside this Platform and we shall not have any legal obligations in relation to such payment nor shall we have any liabilities whatsoever in relation to such payment.

4.3 A Service Contract will be cancelled if the Users agree to cancel or the Customer is unable to contact the Vendor to perform the Service Request.

5. LIMITATION OF LIABILITY

5.1 Except for liability in relation to a breach of a Non-excludable Condition, Users exclude all Consequential Loss arising out of or in connection with the Services or this Service Contract, even if the User causing the breach knew the loss was possible or the loss was otherwise foreseeable.

5.2 The liability of each User to another User except for a breach of any Non-Excludable Condition is capped at an amount equal to the Task Payment.

6. DISPUTES

6.1 If a dispute arises between Users, the Users will attempt to resolve the dispute within 14 days by informal negotiation (by phone, email or otherwise).

6.2 If the Users are unable to resolve the dispute in accordance with clause 6.1 of this Service Terms and Conditions, a User may elect to resolve the dispute in accordance with the Dispute Resolution clause (clause 5) of the Helm Mobile Apps Terms and Conditions.

7. TERMINATION OF CONTRACT

7.1 This Service Contract will terminate:

  1. when the Services are completed;
  2. (b) if a User is terminated or suspended by The Helm from The Helm Platform, at the election of the other User;
  3. (c) when otherwise agreed by the Users or if determined under the Helm Dispute Resolution; or
  4. (d) if notified by us in accordance with the Terms and Conditions.