Terms & Conditions

    Membership Terms

    Services provided by the Concierge4u Platform

  1. The Concierge4u Platform provides marketing services to Customers, being an online portal through which Service Providers (and the Services they provide) promote themselves and any Services the subject of a Service Registration to Customers
  2. The Customer acknowledges that the Concierge4u Platform provides a mechanism that facilitates the communication between it and a Service Provider, which they might use to effect a transaction
  3. Without limiting clauses 1 and 2, the Concierge4u Platform is a conduit, through which Service Providers make their Services known to prospective Customers, through which the Customer and Service Provider meet and, as a result of which they reach agreement between themselves, under which the Customer engages the Service Provider and the Service Provider provides Services under that engagement
  4. The Customer acknowledges that the Concierge4u Platform provides no services to the Customer, other than as described in clause 2
  5. Customer Registration

  6. Customer Registration is completed and the Customer is considered a Customer for the purposes of these Terms on that person receiving written confirmation from Concierge4u to that effect (Registration Confirmation)
  7. A Customer Registration applies from the date of the Registration Confirmation and ceases to apply when cancelled in accordance with these Terms
  8. Service Registrations and engaging Service Providers

  9. The Customer acknowledges that any Service Registration published on the Concierge4u Platform is published by the Service Provider and not Concierge4u. Concierge4u does not endorse or warrant the truth of any statement made in a Service Registration
  10. Concierge4u does not necessarily review or assess any Service Registration and does not warrant that the information in that Service Registration is accurate or complete or that the information contains no errors or is not misleading and deceptive
  11. The Customer acknowledges that Concierge4u is not a party to, and is not otherwise involved in, any transaction concluded between it and a Service Provider as a result of or otherwise following the services provided by Concierge4u through or by operation of the Concierge4u Platform. Concierge4u is a disinterested third party to that transaction and the Services provided by the Service Provider as part of that transaction
  12. Prohibited use of the Concierge4u Platform

  13. The Customer may use the Concierge4u Platform to:
    1. view material published by Service Providers; and
    2. communicate with Service Providers to engage them to provide Services,
    only if that person is registered as a Customer on the Concierge4u Platform

  14. The Customer must not in any way republish any information displayed or otherwise contained in the Concierge4u Platform, including any Service Registration
  15. The Customer must not modify any Service Registration on the Concierge4u Platform
  16. The Customer must not conduct any systematic or automated data collection activities, including scraping, data mining, data extraction and data harvesting, on or in relation to the Concierge4u Platform
  17. The Customer warrants that he or she is not resident in the United Kingdom or any country in the European Union
  18. The Customer must not use the Concierge4u Platform if resident in either the United Kingdom or any country in the European Union
  19. Cancelling and suspending Customer Registration

  20. Concierge4u may by notice in writing to the Customer cancel or suspend that Customer’s Customer Registration if the Customer breaches any of the Terms and fails to remedy that breach within five (5) days
  21. Concierge4u may by notice in writing to the Customer cancel or suspend that Customer’s Customer Registration with immediate effect if the Customer breaches any of the Terms and that breach is not capable of remedy
  22. Concierge4u may by notice in writing to the Customer cancel or suspend that Customer’s Customer Registration with immediate effect if the Customer breaches any of the Terms and Concierge4u, on reasonable grounds, considers that the effect or likely effect of that breach is to materially and adversely affect the business or reputation of the Concierge4u Platform
  23. Without limiting clause 16, Concierge4u may cancel or suspend a Customer Registration if the Customer engages in any conduct in connection with the Concierge4u Platform or in his or her relationship with a Service Provider that Concierge4u, in its reasonable opinion, considers unacceptable
  24. Any suspension of a Customer Registration under these Terms may be for whatever period Concierge4u considers appropriate and is brought to an end, with the Customer Registration reinstated, by notice in writing to the Customer
  25. Any suspension of a Customer Registration is for a period stated by Concierge4u in the notice effecting the suspension, as extended or shortened by any further notice in writing provided by Concierge4u
  26. Concierge4u may cancel a Customer Registration by notice in writing with immediate effect if it publishes on the Concierge4u Platform any amendment to these Terms and the Customer fails to accept and agree to be bound by the amended Terms
  27. Concierge4u Platform operation and security

  28. Concierge4u may by notice posted on the Concierge4u Platform (which the parties are deemed to receive) disable or otherwise withdraw the Concierge4u Platform at any time and for as long as Concierge4u determines for any reason that Concierge4u believes justifies those measures
  29. Concierge4u does not warrant the availability and operation of the Concierge4u Platform are uninterrupted or error-free
  30. The Customer acknowledges that the Concierge4u Platform uses Services and services supplied and maintained by third parties (Third Party Componentry). From time to time, Third Parrty Componentry may becoming insecure or otherwise malfunction. Where that occurs or where Concierge4u believes there is a material likelihood of that occurring, Concierge4u will use its reasonable endeavours to resolve these issues in a timely manner, which may involve taking advantage of its rights under clauses 16 and 17 (Suspension) until that issue is remedied to Concierge4u’s satisfaction
  31. The Customer acknowledges that Concierge4u maintains virus checking software and regularly checks the Concierge4u Platform for viruses, and the Customer accepts that these measures are reasonable in all the circumstances
  32. Warranty Rights

  33. The Customer acknowledges that Concierge4u provides a service only, under which the Concierge4u Platform acts as a conduit between him or her and any Service Provider the Customer chooses to engage for the provision of Services. Concierge4u never does any of the following:
    1. assesses the Services that the Service Provider provides;
    2. assesses the representations made by or on behalf of the Services or the Service Provider on the Concierge4u Platform or in any other media;
    3. prequalifies or otherwise assesses the character of the Service Provider; or
    4. validates the identity of the Service Provider (or the person purporting to be the Service Provider)
  34. The Customer has the benefit of Statutory Guarantees for loss or damage he or she suffers as a result of or otherwise in connection with the operation of the Concierge4u Platform, but Concierge4u otherwise accepts no responsibility to either the Customer for that loss or damage, and, to give legal effect to which, subject to clause 29:
    1. the Customer waives any rights he or she has or may have against Concierge4u in respect of any Claim he or she has or may have in connection with the Concierge4u Platform, including the operation of the Concierge4u Platform in connection with any provision of Services in connection with which the Customer is involved; and
    2. any condition, warranty or guarantee in connection with the Concierge4u Platform implied by law is excluded from these Terms
  35. Nothing in these Terms excludes, restricts or modifies, or has the effect of excluding, restricting or modifying, the application of, or the Customer’s exercise of the Statutory Guarantees or any liability of Concierge4u for failing to satisfy the Statutory Guarantees in connection with the Concierge4u Platform, where to do so would have the effect of rendering the relevant provision in these terms void or otherwise unenforceable
  36. Under the Statutory Guarantees, the service provided by Concierge4u through the Concierge4u Platform must be reasonably fit for purpose. The Customer acknowledges that the matters set out in clause 27(c) influence how fit for purpose the Concierge4u Platform needs to be and still be reasonably fit for that purpose, satisfying the Statutory Guarantee
  37. Limitation of Concierge4u’s liability

  38. To the extent permitted by law, Concierge4u limits its liability to the Customer for any breach of the Statutory Guarantees, as they apply to the services provided by, or otherwise in connection with, the Concierge4u Platform (including disabling or otherwise withdrawing the Concierge4u Platform in accordance with clause 23 to the following:
    1. supplying the services the subject of the breach again; or
    2. paying the cost of having those services supplied again,
    the Customer otherwise waives any Claim it has or may have against Concierge4u regarding the services provided by, or otherwise in connection with, the Concierge4u Platform (including disabling or otherwise withdrawing the Concierge4u Platform in accordance with clause 23)

  39. Based on clause 27, the Customer waives any Claim it has or may have against Concierge4u in connection with the Services the Customer receives from the Service Provider
  40. Privacy
  41. Concierge4u may collect, use and disclose personal information about the Customer (or, if a corporate entity, about its officer, employees or representatives). Concierge4u collects this personal information directly from the Customer by them recording that information on the Concierge4u Platform and passively through their use of the Concierge4u Platform
  42. Concierge4u collects the personal information referred to in clause 33 to effect its internal business purposes, for marketing and promotional purposes (which includes providing your personal information to Service Providers, both with which you have dealings and others for the purposes of them marketing to the Customer), to operate the Concierge4u Platform and effect transactions between Service Providers and the Customer using the Concierge4u Platform (insofar as that takes place) and to comply with legal and regulatory requirements. If the personal information the Customer provides is incomplete or inaccurate, any obligation on Concierge4u to do or not do anything under these Terms is suspended where that cannot be achieved without complete or accurate information
  43. Concierge4u may keep personal information indefinitely for the purposes of tracking historic transactions, fraud prevention and operational activities. In the case where you have been blocked from using the Concierge4u service, Concierge4u will retain your personal information for the purposes of preventing you from attempting to transact again using the Concierge4u Platform
  44. Any personal information (including sensitive information) collected by Concierge4u will be treated in accordance with Concierge4u’s Privacy Policy, which can be found onConcierge4u’s website (www.concierge4u.com.au). Concierge4u’s Privacy Policy sets out in detail how Concierge4u uses, stores and discloses personal information. The Privacy Policy also sets out how the Customer can access and ask for correction of their personal information, whether personal information will be sent overseas and how to complain about privacy-related matters
  45. The Customer agrees to Concierge4u collecting his or her personal information in accordance with the terms of Concierge4u’s Privacy Policy
  46. The Customer must notify its respective employees, contractors and/or agents who have provided Concierge4u with their personal information of Concierge4u’s practices and policies relating to the collection, use, disclosure and storage of personal information
  47. The Customer unconditionally indemnifies Concierge4u for its non-compliance with clauses 33 to 40 (inclusive)
  48. If you have any questions regarding Concierge4u’s collection, use or disclosure of personal information or Concierge4u’s Privacy Policy, please contact Navdeep Nagpal, Watermans Business Centre, 1341 Dandenong Road, Chadstone VICTORIA 3148, email: [email protected], phone: +61 03 8782 3777
  49. Miscellaneous
  50. If any provision of these Terms is invalid, illegal or unenforceable, that portion of the provision causing invalidity, illegality or unenforceability is severed and the validity, legality, and enforceability of the remaining provision (and any application of the said provisions) is not in any way affected or impaired
  51. No failure or delay on the part of a party in exercising a right, power, privilege or remedy provided under these Terms operates as a waiver of that right, power, privilege or remedy or as a waiver of any preceding or succeeding breach by the other party
  52. No single or partial exercise of any right, power, privilege or remedy precludes any other or further exercise of that or any other right, power, privilege or remedy provided in these terms, all of which are several and cumulative and are not exclusive of each other or of any other rights or remedies otherwise available to a party, at law or in equity
  53. Concierge4u may assign its rights under these Terms to any company owned or controlled by it and the Customer hereby provides their consent to that assignment
  54. Should the Customer be a trustee of a trust, it is liable for performance of its obligations under these Terms, both in its own capacity and in its capacity as trustee of the trust and the Customer represents and warrants to Concierge4u that:
    1. as trustee, it has full and valid power and authority under the trust to enter into these Terms and to carry out the transactions contemplated by these Terms;
    2. these Terms do not conflict with the operation or terms of the trust;
    3. as trustee, it has the right to be indemnified out of, and a lien over, the assets of the trust for all liabilities incurred by it under these Terms;
    4. the right referred to in clause 45(c) is not and has not been limited in any way;
    5. as trustee, it has no liability which may be set off against the right of indemnity referred to in clause 45(c);
    6. as trustee, it enters into these Terms for the proper administration of the trust and for the benefit of all of the beneficiaries of the trust;
    7. there has been no resolution or direction to remove that party as trustee of the trust; and
    8. it is the sole trustee of the trust
  55. These Terms are governed by the laws of the State of Victoria
  56. The courts of Victoria have the exclusive jurisdiction to determine all matters, issues or disputes arising out of or otherwise connected with these Terms
  57. Glossary

    In these Terms, unless the context requires another meaning:
  58. Affiliate means the same as "related body corporate" under the Corporations Act;
  59. Business Day means any day that is not a Saturday, Sunday or a public holiday or bank holiday in Melbourne, Victoria;
  60. Claim means any claim, allegation, suit, action, demand, cause of action or proceeding (including any prosecution, in which the prosecuting authority seeks a pecuniary penalty), irrespective of when it arises, whether or not it is actual or contingent and whether or not it is at law (including under contract or tort), in equity or under statute
  61. Corporations Act means the Corporations Act 2001 (Cth);
  62. Customer means the person that uses the Concierge4u Platform to find, contact and/or engage a Service Provider;
  63. Customer Registration means the registration of a Customer, which registration is the subject of a Registration Confirmation
  64. GST means the Services and services tax imposed under the A New Tax System (Services and Services Tax) Act 1999 (Cth)
  65. Concierge4u means E-LUMIN8 Pty Limited ACN 624 307 259 of Watermans Business Centre, 1341 Dandenong Road, Chadstone VICTORIA 3148, email: [email protected], phone: +61 03 8782 3777
  66. Concierge4u Platform means the website accessible at the www.concierge4u.com.au URL or mobile communication device application of similar capability
  67. Law means all relevant legislation, regulations, rules and by-laws, and all delegated legislation or instrument made under them, and includes all subsequent amendments or successor instruments relevant to the Services
  68. Registration Confirmation has the meaning ascribed to that term in clause 5
  69. Service Provider means the person registered on the Concierge4u Platform to offer to provide Services
  70. Service Registration means any information (in whatever form, including images and video) on the Concierge4u Platform describing, promoting or otherwise pertaining to a Service
  71. Services means the services a Service Provider offers on or through the Concierge4u Platform to provide or holds itself out on or through the Concierge4u Platform as being capable of providing
  72. Statutory Guarantee means a consumer guarantee provided for in the Australian Consumer Law
  73. Terms means the terms and conditions set out in this document; and
  74. Third Party Componentry has the meaning ascribed to that term in clause 25
  75. Interpretation provisions

  76. In these Terms, unless the context requires another meaning, a reference:
    1. to the singular includes the plural, and vice versa;
    2. to a gender includes all genders;
    3. to a document (including these terms) is a reference to that document, as amended, consolidated, supplemented, novated or replaced;
    4. to an agreement includes any undertaking, representation, deed, agreement or legally enforceable arrangement or understanding, whether written, oral or implied;
    5. to a party means a party to these terms;
    6. to a person (including a party) includes an individual, company, other body corporate, association, partnership, firm, joint venture, trust or Government agency, and the person's successors, permitted assigns, substitutes, executors and administrators;
    7. to a clause is to a clause of these terms;
    8. to a notice means a notice, approval, demand, request, nomination or other communication given by one party to another, under or in connection with these terms;
    9. to a law includes any legislation, judgment, rule of common law or equity, and is a reference to that law as amended, consolidated, supplemented or replaced, and includes a reference to any regulation, by-law or other subordinate legislation;
    10. to time, is to the time in Melbourne, Victoria;
    11. to the words "including" or "includes" means "including, but not limited to", or "includes, without limitation" respectively.
  77. Where a word or phrase is defined, its other grammatical forms have a corresponding meaning
  78. Headings are for convenience only and do not affect the interpretation of these terms

Membership Terms

Service Provider Version

Services provided by the Concierge4u Platform

  1. The Concierge4u Platform provides marketing services to the Service Provider, being an online portal through which Service Providers (and the Services they provide) promote themselves and any Services the subject of a Service Registration to Customers
  2. The Service Provider acknowledges that the Concierge4u Platform provides a mechanism that facilitates the communication between a Customer and a Service Provider, which they might use to effect a transaction
  3. Without limiting clauses 1 and 2, the Concierge4u Platform is a conduit, through which Service Providers make their Services known to prospective Customers, through which the Customer and Service Provider meet and, as a result of which they reach agreement between themselves, under which the Customer engages the Service Provider and the Service Provider provides Services under that engagement
  4. The Service Provider acknowledges that the Concierge4u Platform provides no services to the Service Provider, other than as described in clauses 1 and 2
  5. Service Provider Registration

  6. Service Provider Registration is completed and the Service Provider is considered a Service Provider for the purposes of these Terms on that person receiving written confirmation from Concierge4u to that effect (Registration Confirmation)
  7. A Service Provider Registration applies from the date of the Registration Confirmation and ceases to apply when cancelled in accordance with these Terms
  8. Marketing fees
  9. The Service Provider must pay the Marketing Fee each month, no later than the first (1st) business day of the month for the use of the Concierge4u Platform for the forthcoming month
  10. The Marketing Fee is the amount specified on the Concierge4u Platform
  11. Concierge4u may vary the Marketing Fee from time to time. Any variation of the Marketing Fee takes effect as at the start of the month following the publication of the Marketing Fee (as varied)
  12. On and from the cancellation or suspension of the Service Provider Registration, the Service Provider must pay to Concierge4u a fee calculated at the percentage set out on the Concierge4u Platform of revenue earned by that Service Provider from all Customers in respect of whom the Service Provider was introduced through the Concierge4u Platform. For the purposes of determining the amount payable under this clause 10, the Service Provider must on request provide to Concierge4u or an accountant nominated by Concierge4u (subject to that accountant providing an executed confidentiality deed to the Service Provider on terms reasonably acceptable to the Service Provider) financial records required to determine the Service Provider’s revenue, identifying individual Customers from which that revenue is earned
  13. Clause 7 (Marketing Fee) does not apply and the Service Provider is not obliged to pay the Marketing Fee for a period of twelve (12) months following the Service Provider Registration
  14. Service Registration
  15. The Service Provider acknowledges that any Service Registration published on the Concierge4u Platform is published by the Service Provider and not Concierge4u
  16. The Service Provider warrants that, by publishing a Service Registration promoting the Service Provider and its Services on the Concierge4u Platform, it is available to be engaged by a Customer to provide the Services featured on or referred to in that Service Registration
  17. The Service Provider warrants that no information or representation of Services on the Service Registration infringes the intellectual property rights of any other person
  18. The Service Provider warrants that all information in any Service Registration is true and correct and not in any way misleading and deceptive (as that term is understood under the Australian Competition and Consumer Act 2010)
  19. The Service Provider must notify Concierge4u of any fact, matter or thing of which it becomes aware likely to render a Service Registration in breach of the warranties in clauses 14 or 15
  20. Concierge4u may vary a Service Registration, where it considers appropriate to do so. Without limiting the foregoing, the Service Registration may be varied by it being reallocated to a category different from that specified by the Service Provider or by the deletion or amendment of the photograph or photographs used in connection with that Service Registration. The Service Provider acknowledges Concierge4u’s rights under this clause and agree to any variations effected
  21. The engagement of the Service Provider by a Customer

  22. The Service Provider may be engaged by a Customer on the Concierge4u Platform by the latter making an offer to engage the Service Provider to provide the Services the subject of a Service Registration and the Service Provider accepting that offer on the Concierge4u Platform
  23. Notwithstanding clause 18, the Service Provider acknowledges that it does not deliver any Service on or otherwise in connection with the Concierge4u Platform to any Customer that engages it on the Concierge4u Platform or otherwise
  24. Notwithstanding clause 18, the Service Provider acknowledges that Concierge4u is not a party to, and is not otherwise involved in, any transaction concluded between it and a Customer as a result of or otherwise following the services provided by Concierge4u by operation of the Concierge4u Platform. Concierge4u is a disinterested third party to that transaction and the Services provided by the Service Provider to the Customer as part of that transaction
  25. Service warranties
  26. The Service Provider warrants to Concierge4u that any Services provided to a Customer, where the Service Provider is engaged by that Customer as a result of services provided by Concierge4u through or otherwise by operation of the Concierge4u Platform (whether in connection with those Services or at any time prior to that):
    1. are provided with all due care and skill and any goods used in connection with the provision of those Services are reasonably fit for the purpose;
    2. that, if the Customer makes known to the Service Provider any particular purpose for which the Services are being acquired by the consumer, the Services, and any product resulting from the services, are reasonably fit for that purpose;
    3. that, if the Customer makes known to the Service Provider the result that the Consumer wishes the Services to achieve, the Services, and any product resulting from the Services, are of such a nature, and quality, state or condition, that they might reasonably be expected to achieve that result;
    4. are provided by the date (if any) agreed with the Customer or, if no date is agreed with the Customer, within a reasonable time of the Service Provider being engaged; and
    5. provided correspond with the description or specifications agreed with the Customer for the provision of those Services and otherwise in accordance with the terms and conditions agreed between the Service Provider and the Customer
  27. The Service Provider must not provide Services or do any anything else likely to bring the Concierge4u Platform into disrepute or that otherwise adversely affects the reputation of the Concierge4u business
  28. Services that may be featured on the Concierge4u Platform

  29. The Service Provider must not offer any Services to Customers in a Service Registration or otherwise in connection with the Concierge4u Platform specified on the Concierge4u Platform from time to time as services should not be offered for supply
  30. Without limiting clause 23, a Service Registration must not feature any of the following services as a Service that a Customer may engage the Service Provider to provide:
    1. services that it is illegal to provide or for Customers to accept;
    2. services that are defective or unsafe;
    3. services for which the Service Provider requires a licence to provide, unless a legally valid licence is possessed by the Service Provider at the time the Service Registration is published and at any time it remains on the Concierge4u Platform; or
    4. services for which the Service Provider requires training in order for those services to be provided in accordance with clause 21 (Service Warranty)
  31. The parties acknowledge that Concierge4u intends monitoring the Concierge4u Platform for compliance with clauses 23 or 24, but it makes no representation and provides no warranty that all Services offered for provision on the Concierge4u Platform comply with clauses 23 or 24
  32. Concierge4u may withdraw from the Concierge4u Platform any Services that it considers appropriate, including Services that fail to comply with clauses 23 or 24
  33. Prohibited use of the Concierge4u Platform

  34. The Service Provider may use the Concierge4u Platform to:
    1. publish a Service Registration; and
    2. communicate with Customers in connection with the engagement to provide Services, only if that person is registered as a Service Provider on the Concierge4u Platform
  35. The Service Provider must not in any way republish any information displayed or otherwise contained in the Concierge4u Platform, including any Service Registration
  36. The Service Provider must not modify any Service Registration on the Concierge4u Platform
  37. The Service Provider must not conduct any systematic or automated data collection activities, including scraping, data mining, data extraction and data harvesting, on or in relation to the Concierge4u Platform
  38. The Service Provider warrants that he or she is not resident in the United Kingdom or any country in the European Union
  39. The Service Provider must not use the Concierge4u Platform if resident in either the United Kingdom or any country in the European Union
  40. The Service Provider must not create, publish or operate an online platform with features, benefits or operation the same as, similar to, the Concierge4u Platform
  41. Use of the Concierge4u Platform brand

  42. The Service Provider may represent its association with the Concierge4u Platform until its Service Provider Registration is cancelled, save whilst that Service Provider Registration is suspended
  43. With Concierge4u’s written consent, the Service Provider may feature the Concierge4u Platform brand on its website and any other promotional material and Concierge4u hereby grants to the Service a licence to reproduce the Concierge4u brand for that purpose
  44. The licence granted under clause 35 is limited to reproducing the Concierge4u brand in the manner directed by Concierge4u and the reproduction of the Concierge4u brand must comply with the Concierge4u style guide, as published from time to time
  45. Without limiting clause 36, the Service Provider must not make any changes to the Concierge4u brand that it features on its website or elsewhere
  46. The licence granted under clause 35 terminates on the cancellation or suspension of the Service Provider Registration and the Service Provider must immediately cease using the Concierge4u brand on the cancellation or suspension of the Service Provider Registration, removing all representations of the Concierge4u brand from the Service Provider website and any other document, media or place that Concierge4u brand is reproduced or featured
  47. Marketing and Co-branding Opportunities
  48. The Service Provider may promote the association of any services it offers that are the subject of a Service Registration or its business generally with the Concierge4u Platform, if done in accordance with these Terms
  49. The Service Provider may use the Concierge4u trade mark for the purposes of clause 39 only, if Concierge4u consents in writing and only if used in accordance with any direction of Concierge4u
  50. The Service Provider may promote any Service Registration or any other Services it offers from time to time to Customers, using information provided to the Service Provider by Concierge4u in accordance with clause 69, on and from a date authorised in writing by Concierge4u, on and on advertising campaigns to which Concierge4u consents in writing and for a period nominated in writing by Concierge4u
  51. The Service Provider grants to Concierge4u a licence to reproduce the Service Provider’s trade mark in connection with the Concierge4u Platform, including on the Concierge4u Platform and in any document or otherwise material (including electronic material) that promotes the Concierge4u Platform
  52. Subject to the Service Provider directing Concierge4u otherwise, Concierge4u may reproduce and use the Service Provider's trade mark in any way it considers appropriate on or in connection with the Concierge4u Platform
  53. On and after the cancellation or suspension of a Service Provider’s Service Provider Registration, Concierge4u may, in its discretion, continue reproducing and otherwise using that Service Provider’s trade mark to indicate that the Service Provider has been a Sevice Provider associated with the Concierge4u Platform
  54. The Service Provider consents to Concierge4u representing that the Service is associated with the Concierge4u Platform (including that it offers to provide Services to Customers and provides Services to Customers), which consent extends to representing that the Service Provider has been a Sevice Provider associated with the Concierge4u Platform after the cancellation or suspension of that Service Provider’s Service Provider Registration
  55. Cancelling and suspending Service Provider Registration
  56. Concierge4u may by notice in writing to the Service Provider cancel or suspend that Service Provider’s Service Provider Registration if the Service Provider breaches any of the Terms and fails to remedy that breach within five (5) days
  57. Concierge4u may by notice in writing to the Service Provider cancel or suspend that Service Provider’s Service Provider Registration with immediate effect if the Service Provider breaches any of the Terms and that breach is not capable of remedy
  58. Concierge4u may by notice in writing to the Service Provider cancel or suspend that Service Provider’s Service Provider Registration with immediate effect if the Service Provider breaches any of the Terms and Concierge4u, on reasonable grounds, considers that the effect or likely effect of that breach is to materially and adversely affect the business or reputation of the Concierge4u Platform
  59. Without limiting clause 46, Concierge4u may cancel or suspend a Service Provider Registration if the Service Provider engages in any conduct in connection with the Concierge4u Platform or in his or her relationship with a Customer that Concierge4u, in its reasonable opinion, considers unacceptable
  60. Concierge4u may by notice in writing to the Service Provider cancel or suspend that Service Provider’s Service Provider Registration with immediate effect if the star-rating awarded to the Service Provider from Customer reviews and testimonials recorded on the Concierge4u Platform (the assignment of the star-rating from the reviews and testimonials being at Concierge4u’s absolute discretion) is less than the number specified on the Concierge4u Platform from time to time
  61. Any suspension of a Service Provider Registration under these Terms may be for whatever period Concierge4u considers appropriate and is brought to an end, with the Service Provider Registration reinstated, by notice in writing to the Service Provider
  62. Any suspension of a Service Provider Registration is for a period stated by Concierge4u in the notice effecting the suspension, as extended or shortened by any further notice in writing provided by Concierge4u
  63. Concierge4u may cancel a Service Provider Registration by notice in writing with immediate effect if it publishes on the Concierge4u Platform any amendment to these Terms and the Service Provider fails to accept and agree to be bound by the amended Terms
  64. Concierge4u Platform operation and security
  65. Concierge4u may by notice posted on the Concierge4u Platform (which the parties are deemed to receive) disable or otherwise withdraw the Concierge4u Platform at any time and for as long as Concierge4u determines for any reason that Concierge4u believes justifies those measures
  66. Concierge4u does not warrant the availability and operation of the Concierge4u Platform is uninterrupted or error-free
  67. The Service Provider acknowledges that the Concierge4u Platform uses Services and services supplied and maintained by third parties (Third Party Componentry)
  68. From time to time, Third Parrty Componentry may becoming insecure or otherwise malfunction Where that occurs or where Concierge4u believes there is a material likelihood of that occurring, Concierge4u will use its reasonable endeavours to resolve these issues in a timely manner, which may involve taking advantage of its rights under clauses 46 and 47 (Suspension) until that issue is remedied to Concierge4u’s satisfaction
  69. The Service Provider acknowledges that Concierge4u maintains virus checking software and regularly checks the Concierge4u Platform for viruses, and the Service Provider accepts that these measures are reasonable in all the circumstances
  70. Any user of the Concierge4u Platform may post comments or feedback on Services provided to it by a Service Provider that may adversely affect the Service Provider.The Service Provider acknowledges that Concierge4u does not moderate those comments or feedback, nor does it review or validate those comments and feedback
  71. Warranty Rights

  72. The Service Provider acknowledges that Concierge4u provides a service only, under which the Concierge4u Platform acts as a conduit between it and any Service Provider the Customer chooses to engage for the provision of Services. Concierge4u never does any of the following:
    1. assesses the Services that the Service Provider provides;
    2. assesses the representations made by or on behalf of the Services or the Service Provider on the Concierge4u Platform or in any other media;
    3. prequalifies or otherwise assesses the character of the SP; or
    4. validates the identity of the Service Provider (or the person purporting to be the Service Provider)
  73. The Service Provider has the benefit of Statutory Guarantees for loss or damage he or she suffers as a result of or otherwise in connection with the operation of the Concierge4u Platform, but Concierge4u otherwise accepts no responsibility to either the Service Provider for that loss or damage, and, to give legal effect to which, subject to clause 61:
    1. the Service Provider waives any rights he or she has or may have against Concierge4u in respect of any Claim he or she has or may have in connection with the Concierge4u Platform, including the operation of the Concierge4u Platform in connection with any provision of Services in connection with which the Service Provider is involved; and
    2. any condition, warranty or guarantee in connection with the Concierge4u Platform implied by law is excluded from these Terms
  74. Nothing in these Terms excludes, restricts or modifies, or has the effect of excluding, restricting or modifying, the application of, or the Service Provider’s exercise of the Statutory Guarantees or any liability of Concierge4u for failing to satisfy the Statutory Guarantees in connection with the Concierge4u Platform, where to do so would have the effect of rendering the relevant provision in these terms void or otherwise unenforceable
  75. Under the Statutory Guarantees, the service provided by Concierge4u through the Concierge4u Platform must be reasonably fit for purpose The Service Provider acknowledges that the matters set out in clause 59(c) influence how fit for purpose the Concierge4u Platform needs to be and still be reasonably fit for that purpose, satisfying the Statutory Guarantee Limitation of Concierge4u’s liability
  76. To the extent permitted by law, Concierge4u limits its liability to the Service Provider for any breach of the Statutory Guarantees, as they apply to the services provided by, or otherwise in connection with, the Concierge4u Platform (including disabling or otherwise withdrawing the Concierge4u Platform in accordance with clause 54 to the following:
    1. supplying the services the subject of the breach again;
    2. paying the cost of having those services supplied again, and
  77. the Service Provider otherwise waives any Claim it has or may have against Concierge4u regarding the services provided by, or otherwise in connection with, the Concierge4u Platform (including disabling or otherwise withdrawing the Concierge4u Platform in accordance with clause 54)
  78. Based on clause 59, the Service Provider waives any Claim it has or may have against Concierge4u in connection with the Services the Service Provider receives from the SP
  79. The Service Provider accepts that the comments and feedback that Customers may record on the Concierge4u Platform are not mediated or otherwise monitored by Concierge4u and, on that basis, the Service Provider waives any Claim it has or may have against Concierge4u in connection with any comments or feedback posted by other users of the Concierge4u Platform
  80. Indemnity
  81. The Service Provider indemnifies Concierge4u against any costs, expenses, losses, fines, penalties or other financial imposts incurred by Concierge4u as a result or otherwise connected with the provision of Services by that Service Provider, including as a result of a Service failing to satisfy the service warranties in clause 21
  82. The Service Provider indemnifies Concierge4u against any costs, expenses, losses, fines, penalties or other financial imposts incurred by Concierge4u as a result or otherwise connected with any Service Registration failing to comply with the warranties in clauses 14 and 15
  83. Privacy Requirements over Customer Information
  84. The Service Provider acknowledges that Concierge4u collects personal information of Customers directly from the Customer by them recording that information on the Concierge4u Platform and passively through their use of the Concierge4u Platform
  85. Concierge4u intends disclosing personal information collected from and about Customers to the Service Provider for the purposes of the Service Provider marketing its services to those Customers, in respect of which the Service Provider acknowledges that Concierge4u has obtained from those Customers the necessary consent to comply with privacy legislation
  86. The Service Provider must comply with all privacy legislation in its use and storage of any information provided to it in accordance with clause 69
  87. The Service Provider indemnifies Concierge4u in respect of any costs or losses (including penalties and legal costs) incurred by Concierge4u that result from or are otherwise connected with the Service Provider failing to comply with clause 70
  88. Privacy Requirements over Service Provider Information

  89. Concierge4u may collect, use and disclose personal information about the Service Provider (or, if a corporate entity, about its officer, employees or representatives). Concierge4u collects this personal information directly from the Service Provider by them recording that information on the Concierge4u Platform and passively through their use of the Concierge4u Platform
  90. Concierge4u collects the personal information referred to in clause 68 to effect its internal business purposes, for marketing and promotional purposes, to operate the Concierge4u Platform and effect transactions between Customers and the Service Provider using the Concierge4u Platform (insofar as that takes place) and to comply with legal and regulatory requirements. If the personal information the Service Provider provides is incomplete or inaccurate, any obligation on Concierge4u to do or not do anything under these Terms is suspended where that cannot be achieved without complete or accurate information
  91. Concierge4u may keep personal information indefinitely for the purposes of tracking historic transactions, fraud prevention and operational activities. In the case where you have been blocked from using the Concierge4u service, Concierge4u will retain your personal information for the purposes of preventing you from attempting to transact again using the Concierge4u Platform
  92. Any personal information (including sensitive information) collected by Concierge4u will be treated in accordance with Concierge4u’s Privacy Policy, which can be found on Concierge4u’s website (www.concierge4u.com.au). Concierge4u’s Privacy Policy sets out in detail how Concierge4u uses, stores and discloses personal information
  93. The Privacy Policy also sets out how the Service Provider can access and ask for correction of their personal information, whether personal information will be sent overseas and how to complain about privacy-related matters
  94. The Service Provider agrees to Concierge4u collecting his or her personal information in accordance with the terms of Concierge4u’s Privacy Policy
  95. The Service Provider must notify its respective employees, contractors and/or agents who have provided Concierge4u with their personal information of Concierge4u’s practices and policies relating to the collection, use, disclosure and storage of personal information
  96. The Service Provider indemnifies Concierge4u in respect of any costs or losses (including penalties and legal costs) incurred by Concierge4u that result from or are otherwise connected with the Service Provider failing to comply with clauses 68 to 79 (inclusive)
  97. If you have any questions regarding Concierge4u’s collection, use or disclosure of personal information or Concierge4u’s Privacy Policy, please contact Navdeep Nagpal, Watermans Business Centre, 1341 Dandenong Road, Chadstone VICTORIA 3148, email: [email protected], phone: +61 03 8782 3777
  98. Miscellaneous

  99. If any provision of these Terms is invalid, illegal or unenforceable, that portion of the provision causing invalidity, illegality or unenforceability is severed and the validity, legality, and enforceability of the remaining provision (and any application of the said provisions) is not in any way affected or impaired
  100. No failure or delay on the part of a party in exercising a right, power, privilege or remedy provided under these Terms operates as a waiver of that right, power, privilege or remedy or as a waiver of any preceding or succeeding breach by the other party
  101. No single or partial exercise of any right, power, privilege or remedy precludes any other or further exercise of that or any other right, power, privilege or remedy provided in these terms, all of which are several and cumulative and are not exclusive of each other or of any other rights or remedies otherwise available to a party, at law or in equity
  102. Concierge4u may assign its rights under these Terms to any company owned or controlled by it and the Service Provider hereby provide their consent to that assignment
  103. Should the Service Provider be a trustee of a trust, it is liable for performance of its obligations under these Terms, both in its own capacity and in its capacity as trustee of the trust and the Service Provider represents and warrants to Concierge4u that:
    1. as trustee, it has full and valid power and authority under the trust to enter into these Terms and to carry out the transactions contemplated by these Terms;
    2. these Terms do not conflict with the operation or terms of the trust;
    3. as trustee, it has the right to be indemnified out of, and a lien over, the assets of the trust for all liabilities incurred by it under these Terms;
    4. the right referred to in clause 84(c) is not and has not been limited in any way;
    5. as trustee, it has no liability which may be set off against the right of indemnity referred to in clause 84(c);
    6. as trustee, it enters into these Terms for the proper administration of the trust and for the benefit of all of the beneficiaries of the trust;
    7. there has been no resolution or direction to remove that party as trustee of the trust; and
    8. it is the sole trustee of the trust
  104. These Terms are governed by the laws of the State of Victoria
  105. The courts of Victoria have the exclusive jurisdiction to determine all matters, issues or disputes arising out of or otherwise connected with these Terms
  106. Glossary

    In these Terms, unless the context requires another meaning:
  107. Affiliate means the same as "related body corporate" under the Corporations Act;
  108. Business Day means any day that is not a Saturday, Sunday or a public holiday or bank holiday in Melbourne, Victoria;
  109. Claim means any claim, allegation, suit, action, demand, cause of action or proceeding (including any prosecution, in which the prosecuting authority seeks a pecuniary penalty), irrespective of when it arises, whether or not it is actual or contingent and whether or not it is at law (including under contract or tort), in equity or under statute;
  110. Corporations Act means the Corporations Act 2001 (Cth);
  111. Customer means a person that uses the Concierge4u Platform to find and/or contact a Service Provider;
  112. GST means the Services and services tax imposed under the A New Tax System (Services and Services Tax) Act 1999 (Cth);
  113. Concierge4u means E-LUMIN8 Pty Limited ACN 624 307 259 of 5 Clyne Place, Rowville Victoria 3178, trading as Concierge4u;
  114. Concierge4u Platform means the website accessible at the www.Concierge4u.com.au URL or mobile communication device application of similar capability;
  115. Law means all relevant legislation, regulations, rules and by-laws, and all delegated legislation or instrument made under them, and includes all subsequent amendments or successor instruments relevant to the Services
  116. Marketing Fee means the fee payable by the Service Provider to Concierge4u to appear on the Concierge4u Platform as offering the provision of Services to Customers;
  117. Registration Confirmation has the meaning ascribed to that term in clause 5;
  118. Service Registration means any information (in whatever form, including images and video) on the Concierge4u Platform describing, promoting or otherwise pertaining to a Service;
  119. Service Provider means a person the subject of a Registration Confirmation to offer to provide Services to Customers on or through the Concierge4u Platform;
  120. Service Provider Registration means the registration of a Service Provider, which registration is the subject of a Registration Confirmation;
  121. Services means the services a Service Provider offers on or through the Concierge4u Platform to provide or holds itself out on or through the Concierge4u Platform as being capable of providing;
  122. Statutory Guarantee means a consumer guarantee provided for in the Australian Consumer Law;
  123. Terms means the terms and conditions set out in this document; and
  124. Third Party Componentry has the meaning ascribed to that term in clause 56
  125. Interpretation provisions

  126. In these Terms, unless the context requires another meaning, a reference:
    1. to the singular includes the plural, and vice versa;
    2. to a gender includes all genders;
    3. to a document (including these terms) is a reference to that document, as amended, consolidated, supplemented, novated or replaced;
    4. to an agreement includes any undertaking, representation, deed, agreement or legally enforceable arrangement or understanding, whether written, oral or implied;
    5. to a party means a party to these terms;
    6. to a person (including a party) includes an individual, company, other body corporate, association, partnership, firm, joint venture, trust or Government agency, and the person's successors, permitted assigns, substitutes, executors and administrators;
    7. to a clause is to a clause of these terms;
    8. to a notice means a notice, approval, demand, request, nomination or other communication given by one party to another, under or in connection with these terms;
    9. to a law includes any legislation, judgment, rule of common law or equity, and is a reference to that law as amended, consolidated, supplemented or replaced, and includes a reference to any regulation, by-law or other subordinate legislation;
    10. to time, is to the time in Melbourne, Victoria;
    11. to the words "including" or "includes" means "including, but not limited to", or "includes, without limitation" respectively
  127. Where a word or phrase is defined, its other grammatical forms have a corresponding meaning
  128. Headings are for convenience only and do not affect the interpretation of these terms