Welcome to Too Easy, a website owned and operated by Evolve Global Solutions Pty Ltd A.B.N. 61 123 510 869 (“Too Easy”). Too Easy is an online marketplace which provides a service for Task Owners to help connect with Assistants to get things done. It also helps Assistants to earn money by completing Tasks for Task Owners. Too Easy operates at these websites http://www.tooeasy.com.au and http://www.tooeasy.co.nz.

1. DEFINITIONS

In these Terms of Use:
(a) “you” and “your” refer to all users of Too Easy, including Members. References to users must be read as being also a reference to Members.
(b) “we”, “us” and “our” refer to Too Easy.
(c) “Task” means any specific task or job that a Member places in a category in Too Easy and requires completed by an Assistant.
(d) “Listing” means a Member listing on Too Easy (including a Task, business profile or classified advertisement).
(e) “Member” means a registered member of Too Easy, and includes Task Owners and Assistants. All Task Owners and Assistants must be Members.
(f) “Task Owner” means a Member who has a Task on Too Easy.
(g) “Assistant” means a Member who has a Bid on Too Easy.
(h) “Bid” means a price (whether a fixed quote, estimated price or other remuneration basis) communicated in Too Easy by an Assistant for performance of a Task by the Assistant.


2. LEGALLY BINDING CONTRACT

2.1 By accessing, using, posting, submitting information to or downloading material from Too Easy you agree to these Terms of Use which constitutes a legal contract. These Terms of Use are binding on you immediately. These Terms of Use apply to you whether you are browsing or are a Member of Too Easy and no matter what your class, level or status of Member registration.
2.2 If you do not agree with these Terms of Use, do not access, use, post, submit information to or download from any Too Easy website.
2.3 These Terms of Use may change without notice, so do check them from time to time.
2.4 Specific website areas, sections, communities, and discussion groups may also have additional rules which govern your use, you must comply with them. They are incorporated into these Terms of Use. By participating in a user-created area, you agree to be bound to the additional rules of that area. They are incorporated into these Terms of Use and in the event of any inconsistency these Terms of Use will have priority.


3. TOO EASY ONLINE MARKETPLACE

3.1 Too Easy displays Listings and Bids on the Too Easy websites, which are online marketplaces. Too Easy does not endorse or recommend any Listing, Bid, or Member or any comment, feedback or ratings on the websites. It also does not confirm or verify the identity, existence, qualifications, background or abilities of any Member. Further, it does not verify or approve the description, accuracy, reliability, currency or other particulars regarding any of the content in any Listing or Bid. By using Too Easy you agree it is your responsibility to make your own enquiries and if necessary obtain professional advice regarding any Listing, Bid, or Member.
3.2 Too Easy has no obligation or responsibility to clarify any of the terms and conditions for any Listing or Bid, including no obligation or responsibility to clarify any financial terms between a Task Owner and an Assistant.
3.3 Too Easy is not liable for any claim, demand, action, loss, damage, cost, charge, fine or expense whatsoever suffered by you connected with, arising from or relating to any Listing or Bid or any information, misleading information, lack of information or misdescription in them.


4. MEMBER OBLIGATIONS

4.1 Member obligations apply to all Members, a category which includes all Task Owners and Assistants.
4.2 A Member must only use a single login account. Multiple individual accounts are prohibited.
4.3 Each Member must ensure he or she has all necessary legal rights, including under copyright law and otherwise, for any image or other content posted by that Member to any area of Too Easy.
4.4 A Member must not place a ghost bid or assume multiple roles for a single Task or transaction.
4.5 A Member posting a Task may specify that only Assistants residing in a particular country may make a Bid. Other Assistants must not Bid.
4.6 Members are prohibited from contacting Too Easy users found in the Too Easy marketplace (whether they are Task Owners or Assistants) and then using any of that Member or user information outside the Too Easy marketplace to propose, make or reach any contract, arrangement or understanding for any Task.
4.7 Members are prohibited from posting any Listing or Bid for any product or service which is unlawful, offensive, defamatory, indecent or obscene, discriminatory, racially or ethnically objectionable, in breach of privacy law, stolen, unsafe, misleading, in breach of third party rights of copyright or other intellectual property rights, or which is otherwise prohibited by law or which breaches any applicable law in our opinion. Too Easy may disclose a Member’s personal information, including his or her name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that the Member is in breach of this obligation.


5. TASK OWNER OBLIGATIONS

5.1 A Task Owner must list a Task in the most appropriate category. A Task may only be listed in one category.
5.2 A Task Owner must only post a Task for personal services, ie for products or services that the Task Owner needs produced, delivered, performed or completed.
5.3 A Task Owner must not post a Task for or on behalf of other Members, users or people.
5.4 A Task Owner must only post a Task that is real, current, accurate, and complete, and includes all relevant information about the description of work, required performance level and the basis for payment.
5.5 The Assistant for a successful Bid must only be notified of such success through the Too Easy system.
5.6 A Task Owner must report to Too Easy any increase in the Bid price after notification of a successful Bid through the Too Easy system.
5.7 A Task that requires onsite presence must be located in New Zealand or Australia as the case may be. A Task that can be completed remotely can be completed in a country beyond New Zealand or Australia.
5.8 A Task Owner agrees to his or her user name and all Task-related information being publicly displayed on Too Easy. A Task Owner also agrees to Too Easy supplying his or her full name and email address to the Assistant making the successful Bid.
5.9 By accepting a Bid, a Task Owner agrees to acquire from that Bid’s Assistant the offering presented by the Task.
5.10 On successful completion of a Task, the Task Owner must make full and prompt payment to the Assistant who made the successful Bid.


6. ASSISTANT OBLIGATIONS

6.1 By making a Bid, an Assistant represents and warrants to the Task Owner that the Assistant has all necessary capacity, authority and power and all necessary rights, title and interest to enter into a legally binding contract with the Task Owner to complete the Task in accordance with the Task description and for the Bid price.
6.2 An Assistant notified that it has a successful Bid must either accept or decline the Task within twenty four (24) hours, otherwise a Task Owner has the right to award the Task to another Assistant.
6.3 An Assistant must report to Too Easy any increase in the Bid price after notification of a successful Bid through the Too Easy system.
6.4 Assistants must only use Too Easy and the Too Easy system as the marketplace and means for conduct of all Task-related Bid price negotiations, transactions and communications.
6.5 An Assistant must only post a Bid if he or she intends to complete the Task on the Bid price. If on reflection the description of the Task was insufficient or inadequate, Too Easy recommends to Task Owners and Assistants that they act reasonably and negotiate through the Too Easy system an alternative remuneration basis after assessment of the actual Task deliverables.
6.6 For a Task that requires physical presence in New Zealand or Australia for its completion, only Assistants who reside in the relevant country may make a Bid. An Assistant who does not reside in the relevant country must not make a Bid.
6.7 If an Assistant does not complete a Task after notification through the Too Easy system to the Assistant of a successful Bid, the Assistant will receive a warning from Too Easy if the Task Owner complains about the Assistant. Too Easy may suspend or immediately terminate such an Assistant’s Membership at any time, though at its discretion Too Easy may allow for three (3) such complaints before it does so.
6.8 An Assistant agrees to his or her user name and all Bid and Task-related information being publicly displayed on Too Easy. An Assistant also agrees to Too Easy supplying the Assistant’s full name and email address to the Task Owner on notification of the successful Bid through the Too Easy system.
6.9 If an Assistant provides a false address or other false details to Too Easy or a Task Owner, then Too Easy may at its sole discretion immediately terminate his or her Membership.


7. USER CONTENT

7.1 Feedback and Performance Rating System
(a) The feedback and performance rating system are an integral part of Too Easy. A low rating may impact the ability for an Assistant to bid on Tasks. Feedback on Too Easy consists of comments left by other users and a composite feedback number compiled by us. The composite number without the comments does not convey a user’s full user profile.
(b) At the completion of each Task the Task Owner and Assistant are asked to provide feedback and ratings on each other’s performance. The overall performance rating determines the Member’s new rating. A negative rating will decrease the rating by 1, a neutral rating will not affect the rating, a positive experience will increase the rating by 1.
(c) You may only give Member feedback or ratings that relate to a specific Task or transaction. Your feedback and ratings on another Member must be honest and objective.
(d) You must not post feedback or ratings about yourself or include any contact details or personal information in your feedback.
(e) You must not take any actions which may undermine the integrity of the feedback and performance rating system. We reserve the right to automatically suspend Members with feedback or ratings below an acceptable minimum determined at Too Easy’s sole discretion from time to time. This may cause you to be unable to post Tasks or Bids.
7.2 Comments, Posts and Materials
(a) In addition to feedback and ratings, Too Easy may have facilities which are designed for users to make or add comments, questions, answers, links, poll responses, forum submissions, posts and materials to Too Easy. Too Easy has or may also contain bulletin board services, chat areas, news groups, forums, communities, groups, personal web pages, calendars and other message or communication facilities.
(b) Do not upload files or post messages that contain photos, software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights to them or have received all necessary consents. However, you may make links (ie hypertext links).
7.3 Disclaimer of Liability for User Content
(a) It is a condition of your access to Too Easy that you must not make or add any feedback, comment, submission, post or material that is in our opinion:
(i) in any way offensive, unlawful, threatening, intimidating, harassing, stalking, inflammatory, fraudulent, abusive, indecent or obscene, or would inhibit use and enjoyment of Too Easy by others;
(ii) defamatory or derogatory of other persons;
(iii) infringing the rights of third parties, including but not limited to intellectual property rights of others or their moral rights (as defined in the Copyright Act 1968 (Cth));
(iv) untrue, misleading or deceptive;
(v) discriminatory, offensive or capable of inciting violence or hatred;
(vi) in breach of any applicable laws or regulations;
(vii) contain persistent off the topic comments;
(viii) use offensive language;
(ix) contain commercial advertising; or
(x) a file or code containing a virus, trojan, malware or worm.
(b) In Australia, New Zealand and other countries, feedback, ratings and comments may be defamatory. Too Easy accepts no liability for any claim, demand, action, loss, damage, cost, charge, fine or expense that may arise from feedback, ratings or comment You release forever and indemnify Too Easy from any liability for any feedback, ratings or comments on the Too Easy website.
(c) Feedback, ratings, comments, submissions, posts or material are the opinions, responsibility and legal liability of those who make or add them. Too Easy does not endorse, control, agree with or otherwise comment on that feedback, ratings, comments or other user content. Too Easy accepts no liability for feedback, ratings, comments, submissions, posts or material by users, whether registered users or otherwise.
(d) Too Easy may at its discretion (but it has no obligation to) review, filter, screen, modify, refuse or delete any feedback, ratings, comments, submissions, posts or material you make or add to Too Easy.
(e) Too Easy at times may be legally obligated to disclose details, information or other data as regards any submitted or posted materials to law enforcement agencies, intellectual property owners and others, including information relating to IP addresses. Too Easy may disclose such details as it is required or at its discretion.


8. THIRD PARTY PRODUCTS AND SERVICES

No endorsement, recommendation or approval of any Member, Task Owner, Assistant or other third party or any of their products, services, or websites is intended by any content, links or third party advertisements (including any banner ads containing embedded hyperlinks) on or to Too Easy. Links are provided only as a convenience. Some third party advertisements contain representations or offers by the third party advertiser which you can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not made by Too Easy, and it is not responsible to you for the goods or services you buy on the third party website.


9. MEMBER SERVICES AND FEES

9.1 Members of Too Easy agree that Too Easy may from time to time send communications to them, such as a enewsletter or confirmations regarding their activity in or submissions to Too Easy.
9.2 Members agree that they are responsible for the security and use of any user names or passwords needed to access or use Too Easy or any of the services on Too Easy. They must take all reasonable steps to ensure that their user names and passwords are kept confidential and secure. Registered users must not allow any third party or unauthorised person to access Too Easy or any of the services on Too Easy.
9.3 Too Easy will provide the ability for paid Memberships entitling a Member to value added features and access to Too Easy websites.
9.4 Membership payments to Too Easy are non-refundable. If you are dissatisfied with our service and provide detailed reasons, at our discretion we may credit your account.


10. ONLINE PAYMENT SECURITY POLICY

10.1 When you make a payment through Too Easy, you are using a secure server which encrypts all of your personal information. This makes it difficult, if not impossible, for a third party to have unauthorised access or use of your personal information.
10.2 We use various technological methods to prevent access to information in our system and secure socket layers to encrypt your personal information and protect it from disclosure, destruction, modification or use.
10.3 Credit information that you and credit authorisers provide when you make payments by credit card or electronically via Too Easy will only be used to process the transactions you request.


11. TAXATION

11.1 Too Easy has no responsibility for determining the necessity of or for issuing any invoice, or for determining, remitting, or withholding any tax or impost of any kind (including withholding tax, stamp duty, goods and services tax and any other type of value added tax) in connection with any Task Owner, Assistant, Listing or Bid. Each Member and user is solely responsible for determining his or her own obligations and compliance responsibilities under applicable law. You hereby indemnify Too Easy with respect to all such obligations and responsibilities on you.
11.2 Unless otherwise stated, charges referred to for use of any services provided by Too Easy via a Too Easy website are exclusive of Goods & Services Tax (“GST”). Where GST applies, Too Easy will deduct the GST it incurs from each user's payment and Too Easy will issue the user with a tax invoice. Terms used in this clause are governed by definitions in A New Tax System (Goods and Services Tax) Act 1999 (Cth).


12. PAYMENTS BETWEEN SITE USERS

Any payment made outside of the Too Easy online marketplace is not under the control of Too Easy. Too Easy disclaims any and all liability with respect to such payments and will not provide compensation for such payments. If you make a payment outside of the Too Easy online marketplace and believe you are entitled to a part or full refund, contact the relevant party directly.


13. LICENCE, PERMITTED USE AND PROHIBITIONS

13.1 Too Easy hereby grants you a limited, personal, non-commercial, non-exclusive, non-transferable, free of charge licence to use Too Easy. These Terms of Use are revocable at any time without notice and with or without cause. These Terms of Use are also subject to your warranty that your personal details provided to Too Easy are true and correct, including your name, email address, and gender.
13.2 Too Easy may change or discontinue any facility, module, section, feature, menu, password, or user name of Too Easy including content, information architecture, and mode of access.
13.3 Your use of Too Easy, its components and content must not breach these Terms of Use and additional rules on other pages of Too Easy which govern your use of Too Easy.
13.4 All other use is unauthorised and strictly prohibited and will terminate any registration and access rights granted. In particular you may not:
(a) harvest or collect email addresses or other contact information of other users from Too Easy by electronic or other means for the purposes of sending unsolicited emails, spam or other unsolicited communications;
(b) impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person, organisation or entity;
(c) solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes; or
(d) use automated scripts to collect information from or otherwise interact with Too Easy.
13.5 You must make all appropriate or proper disclosures (including as regards any relevant affiliation, interest or personal agenda) to avoid any perceived breach of these prohibitions, unethical practices or any conflict of interest.


14. INTELLECTUAL PROPERTY

14.1 The content of Too Easy and any newsletters, mail-outs or other materials associated with Too Easy are the property of Too Easy, unless noted otherwise.
14.2 Too Easy and its content is protected by law including copyright in its layout, text, images, photographs, illustrations, animations, audio clips, video clips, programming and HTML code. No part of Too Easy or its content may be used, copied, modified, distributed, republished or transmitted, except for your personal and non-commercial use. All rights not expressly granted at Too Easy are reserved by Too Easy, unless noted otherwise.
14.3 Except for your own user content, you may not upload or republish Too Easy and any part of its content on any online network, intranet or extranet website or incorporate the information in any database or compilation.
14.4 For any written permissions, email Too Easy (see email address on Too Easy) or the relevant copyright holder or owner.
14.5 All names, logos and signs in Too Easy are the trade marks of their respective owners. This is our trade mark: Too Easy™.


15. CONTENT LICENCE AND CONSENT

15.1 By posting Tasks, Bids, Listings, feedback, ratings, comments and any other content to Too Easy (including in advertisements, profile pages, messages or posts in the forum (if any) or any form of communication or other content on, through or with Too Easy), you automatically grant to Too Easy, its licensees and assigns a perpetual, non-exclusive, royalty-free licence throughout the world for the purposes of using, publishing and displaying that content.
15.2 You irrevocably consent to all Too Easy’s acts or omissions (including as an author and publisher) as they may affect any moral rights you may have in that content. Specifically you consent to Too Easy’s, or others authorised by Too Easy, carrying out any change, re-arrangement, mixing, translation, reformat, adaptation, re-purposing, re-design, addition, deletion or editing of that content and combination of it with other material.


16. LINKS POLICY

You are welcome and encouraged to create links to Too Easy. If you are using frames, when they are activated you must ensure they do not continue to display your frames, or frames of others, around Too Easy pages.


17. INDEMNITY

You indemnify Too Easy from and against all claims, demands, actions, losses and damages, costs, charges, fines and expenses (including but not limited to reasonable costs and disbursements on a solicitor and client basis) arising from or incurred due to any Tasks, Bids, Listings, feedback, ratings, comments, submissions, posts and materials made or added by you or authorised by you for Too Easy.


18. DISCLAIMERS AND LIMITATION OF LIABILITY

18.1 The Trade Practices Act 1974 (Cth) and other legislation confers rights and remedies in relation to the provision of goods and services which cannot be excluded, restricted or modified. Despite anything to the contrary in these Terms of Use, the disclaimers and limitations specified in these Terms of Use only apply to the maximum extent permitted by such legislation and do not exclude, limit or modify remedies under such legislation.
18.2 Under these Terms of Use your use of Too Easy is at your risk. Too Easy is not liable to you or anyone else for any claim, demand, action, loss, damage, cost, charge, fine or expense in connection with use of Too Easy or any feedback, ratings, comment, submission, post or other material on Too Easy. You should not act on the basis of anything contained in Too Easy without first obtaining any necessary or prudent professional advice, including any legal, financial or technical advice. Too Easy is not responsible for any damage suffered from the direct or indirect use of Too Easy. This includes, but is not limited to: expenses and loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by the negligence, errors or omissions of Too Easy, its related bodies corporate, officers, employees and contractors, editors, moderators, consultants, and authors.
18.3 The disclaimers and recommendations in the preceding paragraph apply to all content on Too Easy’s web pages, PDFs and other files and documents. The disclaimers and recommendations in the preceding paragraph are not restricted by the detailed provisions below.
18.4 All care and diligence is taken to ensure the accuracy and currency of information. However, Too Easy, its related bodies corporate, officers, employees and contractors, editors, moderators, consultants, and authors with content on Too Easy, and the internet service provider hosting Too Easy, make no representation and accept no responsibility for any error, omission, inaccuracy, misleading information or anything done or not done if you use, download, or act in reliance on any representation, information or data contained, linked or distributed through Too Easy.
18.5 Too Easy and its content is therefore provided "as is", and to the full extent permitted by the law, without warranty of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability, fitness for purpose or otherwise.
18.6 Further, Too Easy, its officers, employees and contractors; editors, moderators, consultants, and authors with content on Too Easy; and the internet service provider hosting Too Easy, accept no liability for any direct, indirect, incidental, consequential, special, or punitive damage (including any loss of profit, revenue or data) whatsoever and howsoever caused, arising from access, use, downloading, or reliance by you or any third party on or of any representation, information, product or service provided on, via or involving Too Easy, whether in an action of contract, tort (including negligence), criminal law, property, trust, unjust enrichment or statutory law.


19. TERMINATION

Without limitation to other provisions in these Terms of Use, Too Easy may at its discretion refuse, suspend or terminate service to you, including any access or account you may have to or with Too Easy as a Member. Too Easy may do so, for example but without limitation, if it believes you will breach or have breached these Terms of Use or you commence or threaten any action or proceeding against Too Easy, whether as regards feedback, ratings, comments or otherwise.


20. GENERAL

20.1 Survival
All obligations, disclaimers and conditions of use which by their nature survive the refusal, suspension or termination of service by Too Easy to you will continue in full force and do not merge despite termination.
20.2 Composition
These Terms of Use are subject both to any agreement between you and Too Easy which expressly supersedes these Terms of Use, and, to any mandatory statutory or common law to the contrary applicable in the state of New South Wales, Australia.
20.3 Severability
If a provision, or part of it, of these Terms of Use is held invalid, unenforceable or illegal by a judicial authority for any reason, then that provision or part must be read down if possible but if that cannot be done then it must be severed and the balance of these Terms of Use will otherwise remain in full force.
20.4 Governing Law and Jurisdiction
These Terms of Use must be interpreted and governed by the law of the State of New South Wales and the Commonwealth of Australia as applicable. If a dispute arises in relation to them it must be subject to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.

Copyright © Evolve Global Solutions Pty Ltd 2008. All rights reserved.

Last updated: 30 June 2008