USKU TECHNOLOGIES – WEBSITE TERMS OF USE

This website (Site) is operated by USKU TECHNOLOGIES ABN 37 601 355 428 (we, our or us). It is available at: www.uskutech.com and may be available through other addresses or channels.

Consent: By accessing and/or using our Site, you agree to these terms of use (Terms). Please read these Terms carefully and immediately cease using our Site if you do not agree to them.

Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-todate and we are not liable if any Content is inaccurate or out-of-date.

Licence to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.

Prohibited conduct: You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):

  • anything that would constitute a breach of an individuals privacy (including uploading private or personal information without an individual’s consent) or any other legal rights
  • using our Site to defame, harass, threaten, menace or offend any person
  • interfering with any user using our Site
  • tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site
  • using our Site to send unsolicited email messages
  • facilitating or assisting a third party to do any of the above acts

Exclusion of competitors: You are prohibited from using our Site, including the Content, in any way that competes with our business.

No commercial use: Our Site is for your personal, non-commercial use only. You must not use our Site, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website or any other platform, without obtaining a licence to do so from us

Information: The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

Intellectual Property rights: Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:

  • copy or use, in whole or in part, any Content
  • reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party
  • breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content

User Content: You may be permitted to post, upload, publish, submit or transmit relevant information and content ( User Content) on our Site. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.

You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:

  • you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms)
  • neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

Third party sites: Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.

Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Warranties and disclaimers: To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:

  • they are complete, accurate, reliable, up-to-date and suitable for any particular purpose
  • access will be uninterrupted, error-free or free from viruses
  • our Site will be secure

You read, use and act on our Site and the Content at your own risk.

Limitation of liability: To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent ( Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.

Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms

Jurisdiction: Your use of our Site and these Terms are governed by the laws of Victoria. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

For any questions and notices, please contact us at:

USKU TECHNOLOGIES ABN 37 601 355 428

Email: [email protected]

Last update: 12 January 2019

Terms of use provided by LegalVision.com.au

USKU TECHNOLOGIES – PRIVACY POLICY


This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us, or otherwise collected by us, offline or online, including through our website (Site). In this Privacy Policy we, us or our means USKU TECHNOLOGIES ABN 37 601 355 428.



Personal Information

The types of personal information we may collect about you include:


  • your name
  • your contact details, including email address, mailing address, street address and/or telephone number
  • your age and/or date of birth
  • your browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and/or browsing behaviour
  • information about your access and use of our Site, including through the use of Internet cookies, your communications with our Site, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider
  • additional personal information that you provide to us, directly or indirectly, through your use of our Site, associated applications, associated social media platforms and/or accounts from which you permit us to collect information
  • any other personal information requested by us and/or provided by you or a third party

We may collect these types of personal information directly from you or from third parties.



Collection and use of personal information

We may collect, hold, use and disclose personal information for the following purposes:


  • to contact and communicate with you
  • to comply with our legal obligations and resolve any disputes that we may have



Disclosure of personal information to third parties

We may disclose personal information to:


  • third party service providers for the purpose of enabling them to provide their services, including (without limitation) IT service providers, data storage, web-hosting and server providers, debt collectors, maintenance or problem-solving providers, marketing or advertising providers, professional advisors and payment systems operators
  • our employees, contractors and/or related entities
  • sponsors or promoters of any competition we run
  • anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred
  • credit reporting agencies, courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you
  • courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights
  • third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you. This may include parties located, or that store data, outside of Australia
  • third parties to collect and process data, such as Google Analytics or other relevant businesses. This may include parties that store data outside of Australia

By providing us with personal information, you acknowledge that some third parties may not be regulated by the Privacy Act and the Australian Privacy Principles in the Privacy Act and if any third party engages in any act or practice that contravenes the Australian Privacy Principles, it would not be accountable under the Privacy Act and you will not be able to seek redress under the Privacy Act.



Your rights and controlling your personal information

Choice and consent: Please read this Privacy Policy carefully. By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect your use of this Site or the products and/or services offered on or through it.


Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.


Restrict: If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below.


Access: You may request details of the personal information that we hold about you. An administrative fee may be payable for the provision of such information.


Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will


Complaints: If you wish to make a complaint about how we have handled your personal information, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint


Unsubscribe: To unsubscribe from our e-mail database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.



Storage and security

We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.


We cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that the personal information we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.



Cookies and web beacons

We may use cookies on our Site from time to time. Cookies are text files placed in your computer’s browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do allow third parties, such as Google and Facebook, to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide our Site with personal information, this information may be linked to the data stored in the cookie.


We may use web beacons on our Site from time to time. Web beacons (also known as Clear GIFs) are small pieces of code placed on a web page to monitor the visitor’s behaviour and collect data about the visitor’s viewing of a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.



Links to other websites

Our Site may contain links to other websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.



Amendments

We may, at any time and at our discretion, vary this Privacy Policy by publishing the amended Privacy Policy on our Site. We recommend you check our Site regularly to ensure you are aware of our current Privacy Policy.


For any questions or notices, please contact our Privacy Officer at:

USKU TECHNOLOGIES ABN 37 601 355 428

Email: [email protected]

Last update: 12 January 2019

Privacy Policy provided by LegalVision.com.au

Cookie Policy for Usku

This is the Cookie Policy for Usku, accessible from uskutech.com

What Are Cookies

As is common practice with almost all professional websites this site uses cookies, which are tiny files that are downloaded to your computer, to improve your experience. This page describes what information they gather, how we use it and why we sometimes need to store these cookies. We will also share how you can prevent these cookies from being stored however this may downgrade or ‘break’ certain elements of the sites functionality.

For more general information on cookies see the Wikipedia article on HTTP Cookies.

How We Use Cookies

We use cookies for a variety of reasons detailed below. Unfortunately in most cases there are no industry standard options for disabling cookies without completely disabling the functionality and features they add to this site. It is recommended that you leave on all cookies if you are not sure whether you need them or not in case they are used to provide a service that you use.

Disabling Cookies

You can prevent the setting of cookies by adjusting the settings on your browser (see your browser Help for how to do this). Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionality and features of the this site. Therefore it is recommended that you do not disable cookies.

The Cookies We Set

  • Email newsletters related cookies

    This site offers newsletter or email subscription services and cookies may be used to remember if you are already registered and whether to show certain notifications which might only be valid to subscribed/unsubscribed users.

  • Orders processing related cookies

    This site offers e-commerce or payment facilities and some cookies are essential to ensure that your order is remembered between pages so that we can process it properly.

  • Forms related cookies

    When you submit data to through a form such as those found on contact pages or comment forms cookies may be set to remember your user details for future correspondence.

  • Site preferences cookies

    In order to provide you with a great experience on this site we provide the functionality to set your preferences for how this site runs when you use it. In order to remember your preferences we need to set cookies so that this information can be called whenever you interact with a page is affected by your preferences.

Third Party Cookies

In some special cases we also use cookies provided by trusted third parties. The following section details which third party cookies you might encounter through this site.

  • This site uses Google Analytics which is one of the most widespread and trusted analytics solution on the web for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content.

    For more information on Google Analytics cookies, see the official Google Analytics page.

  • Third party analytics are used to track and measure usage of this site so that we can continue to produce engaging content. These cookies may track things such as how long you spend on the site or pages you visit which helps us to understand how we can improve the site for you.

  • From time to time we test new features and make subtle changes to the way that the site is delivered. When we are still testing new features these cookies may be used to ensure that you receive a consistent experience whilst on the site whilst ensuring we understand which optimisations our users appreciate the most.

  • We also use social media buttons and/or plugins on this site that allow you to connect with your social network in various ways. For these to work the following social media sites including; {List the social networks whose features you have integrated with your site?:12}, will set cookies through our site which may be used to enhance your profile on their site or contribute to the data they hold for various purposes outlined in their respective privacy policies.

More Information

Hopefully that has clarified things for you and as was previously mentioned if there is something that you aren’t sure whether you need or not it’s usually safer to leave cookies enabled in case it does interact with one of the features you use on our site.

However if you are still looking for more information then you can contact us through one of our preferred contact methods:

Modified: 22 September 2020

Usku Terms & Conditions 

Introduction

Please read these terms and conditions carefully. By using our Service (as defined), the customer agrees they have read and understood the terms and conditions. This document is considered a legally binding agreement between the customer and Usku. 

Usku is a technology company which provides a platform for customers to obtain services provided by independent contractors. The role of Usku is to simply link customers with selected independent contractors, and any liability in relation to such services will be the responsibility of the independent contractors or the customer. Third party providers do not represent to be an agent, employee or staff of Usku and any solutions provided by any independent contractors shall not be deemed to be provided by Usku.

Definitions

In this terms and conditions, the following words/terms are defined as below:

  • “Application” is defined as the mobile application that is made available for download by Usku within the mobile app store whether it be IOS or Android.
  • Customers and/or Customers are described to be any person or businesses or any individuals who uses Usku services either via the website and/or mobile application.
  • “Uskers” is a term used to describe the third party providers/independent contractors, that provide services related to the delivery of goods within the “Usku Community”
  • “Usku Community” is a term used to describe the group of business partners/customers/Uskers that use Usku services or are part of the ecosystem in any way. 
  • “Customers” are defined as businesses or individuals that use our service in any way and make a transaction with Usku.
  • “Personal Data” is any information which can be used to identify a user/customer from another user/customer. This includes but is not limited to the user’s/customer’s name, date of birth, telephone number, email address, bank and credit card details, personal interests, and images of the user/customer.
  • “Supplied materials” is a term used to describe any third party products, documents, platforms or developments and property belonging to Usku or used and managed by Usku with the intention to enhance the Customer’s experience.
  • “Shopping” is defined as manually shopping for an item that has not been purchased which can include food, household items or consumables.
  • “Multiple pickup” is a term used to describe a customer’s request which requires an Usker to collect items from different location en route to the recipient’s address.
Changes of the Agreements
  • Usku reserves the right to change/alter the terms and conditions anytime needed.
  • Any changes within the terms and conditions will be effective immediately after updating the terms and conditions within the website and/or Application. 
  • It is the customers responsibility to review the terms and conditions regularly and be up to date with any changes that may occur.
  • Any customers who continue the usage of Usku services will constitute an agreement of Usku terms and conditions and any updated changes.
                  Terms of using Usku services
                  • Usku reserves the right to accept or reject any request/order provided by the consumer.
                  • Uskers are not obligated to wait for the customer unless the waiting fee add on has been purchased.

                    Usku may restrict you from accessing or using any of Usku’s platform, application or supplied materials, or any part of them, immediately, without notice, in circumstances where Usku reasonably suspects that:

                    (a) you have, or are likely to, breach these Terms; and/or

                    (b) you do not, or are likely not to, qualify, under applicable law or the standards and policies of Usku and its affiliates, to access and use any of Usku’s platforms, application or supplied materials.

                    Usku may terminate these Terms or any of Usku’s platforms, application or supplied materials with respect to you, or generally cease offering or deny access to Usku’s platforms, application or supplied materials or any portion thereof:

                    (a) immediately, where Usku reasonably suspects that:

                         (i) you have, or are likely to, materially breach these Terms; and/or

                        (ii) you do not, or are likely not to, qualify, under applicable law or the standards and policies of Usku and its affiliates, to access and use the Usku’s platforms, application or supplied materials; or

                    (b) on 30 days’ written notice to you, where Usku, acting reasonably, terminates these Terms or any of Usku’s platforms, application or supplied materials for any legitimate business, legal or regulatory reason.

                    Without limiting its other rights under these Terms, Usku may immediately restrict or deactivate your access to Usku’s platforms, application or supplied materials if you breach the Terms at any time.

                    You may terminate these Terms at any time, for any reason but you will be denied to Usku’s platforms, application or supplied materials.

                    • Usku reserves the right to reject a consumer request/delivery if:
                    • Uskers are unavailable.
                    • Uskers are unable to cater to your special requests for a delivery.
                    • If a customer requests for an order that is perceived as irresponsible, dangerous, or threatens the safety of deliverers in any way.
                    • The customer requests for a delivery is/are deemed unreasonable.
                    • The customer has or did not pay the required amount for the previous delivery.
                    • Usku will not be held responsible for any damages incurred by the product during delivery.
                    • Usku will not guarantee that a customer’s delivery will be accepted. If a customer has booked, placed, ordered, or have any form of agreement and payment with a third party or business, Usku is not responsible if the item or product cannot be delivered.
                    • The customer agrees to make a booking with Usku first before proceeding with third parties.
                    • The customer agrees to pay the amount due with Usku before/on the due date.
                    • The customer agrees and acknowledges that an Usker is not required to wait for the customer to receive the package unless the customer has purchased a waiting fee credit then the Usker will wait for the paid time.
                                        Prohibitions & Limitations 
                                        • Usku will not deliver any illegal, restricted or otherwise unlawful items.
                                        • Usku will reserve the right to accept or reject deliveries of any personal items that can be considered harmful to another human being.
                                        • Usku prohibits any form of contact between the Customer and Usker outside of the scheduled delivery. Any loss, damages, harm, harassment, irresponsible behavior, or any unprofessional, dangerous and unjust acts will not be tolerated by Usku. 
                                          Privacy Policies

                                          Usku will follow the privacy laws set described in the Privacy Act 1988.

                                          Payments & Cancellations

                                          Prices, fees and/or charges during the use of our service are subject to change without notice. Usku reserves the right to modify or discontinue service fees at any given time without notice. By accepting these terms, customers/customers agree to be aware of any changes in pricing, fees and charges that may occur from one delivery to another. 

                                          Payment via payment gateway

                                          • Usku has partnered with Stripe to make your payments safer and simpler.
                                          • Payments made by the Customer are held by Stripe Payments managed by Usku.
                                          • Refunds will take 5 – 10 business days.
                                          • Existing Customers may be charged automatically for any invoices that are overdue.

                                            PayID or Bank Transfer

                                            Payments made by the Customer are held by the bank account managed by Usku until further notice. This payment method should only be used when the Customer requires the Usker to purchase on the Customer’s behalf.

                                            General

                                            • Cancellation by the Customer of a delivery may result in a penalty fee. Usku may use the delivery fee made by the Customer as the penalty fee.
                                            • Refunds are governed by the Australian Consumer Law and are made through the bank account provided by the Customer.
                                            • Budgets funds provided by the customer to make shopping deliveries possible requires the customer to make the payment via PayID before commencing with the delivery. Once the delivery is completed, Usku will either charge or refund the balance to the customer.
                                            Fee Structure
                                            • Usku reserves the right to change their fees structure and charges per delivery basis.
                                            • Usku is responsible to clearly indicate all prices of items/services a customer is paying for when asked by the customer.
                                            • Fees and/or chargers that have variable price ranges (e.g. charges per km), can be adjusted at any time, and can vary between each delivery.
                                            Extra Charges
                                            • Customers are to inform Uskers of any surcharges or extra fees that may occur during a purchase, otherwise Usku reserves the right to cancel the ongoing order if a customer has failed to notify Uskers of any surcharges or extra fees. 
                                            • Any additional charges faced during a delivery must be paid by the customer of the delivery. 
                                            • Extra charges must be paid before a delivery is completed.
                                            • The customer or Usker can notify Usku staff to issue an invoice to be paid before a delivery is completed.
                                            Types of add-ons and services

                                            Priority Fee

                                            • An amount that’s determined by the customer to increase the delivery fee which can encourage an Usker to accept the job.
                                            • The priority fee is treated as the delivery fee.

                                            Waiting Fee credit

                                            • Applicable to when a customer requires the Usker to wait.
                                            • Subjected to change.
                                            • The amount paid will be used for the Usker’s waiting time.
                                            • The Usker is not obligated to wait once the time paid for is finished.
                                            • Wait time is non refundable once delivery has started.
                                                      Making changes to the delivery

                                                      If the delivery has been accepted by the Usker and the customer requests for changes to be made at anytime before or during the delivery

                                                      • Usku is not responsible for the scheduled Usker that may or may not continue with the edited or changed delivery.
                                                      • The delivery fee may not be amended once it has been paid for and no refunds will be given. Instead the balance may be assumed as tips or be used as credits for the Customer’s next delivery.
                                                      • If the scheduled Usker decides not to proceed with the amended delivery, Usku can issue a full refund or wait for a different Usker to accept the job based on the Customer’s request.
                                                      • Refunds must be requested by the customer in written texts.
                                                      • Disclaimers & Liabilities

                                                            You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of Usku’s service, supplied materials, use of service, or access to the services or any contact on the website through which the service is provided, without express or written permission by Usku. 

                                                            By accepting Usku’s Terms & Conditions, you are agreeing to have read and accepted the Terms of Use and Privacy Policy stated above.