Handler - Terms & Conditions of Use

Lodeapp.com and Lode app (collectively the "Site") is an on-demand washing and ironing services app for busy people. Lode app offers users an uncomplicated choice of services to get their laundry cleaned and ironed (“Services”). It can be accessed 24/7. These Terms of Use protect the legal interests of Lode, those handling the washing and/or ironing (“Handlers”) featured on the Site and providing the Services and users.

This Site is owned and operated by Laundry On Demand E (ABN 40911902087) (“Lode”). These Terms of Use apply to your access to and use of the Site and the Services. Your use of the Site and the Services is expressly conditional upon your agreement to these Terms of Use. If you do not consent to these Terms of Use, you are not permitted to use www.lodeapp.com or Lode app. If you access the Site and/or the Services on behalf of a company or other entity, you warrant that you are an authorised representative of such company or entity with the right to bind such company or entity to these Terms of Use.

Lode’s Role

Lode provides a way in which users can communicate requests for Services to Handlers appearing on Lode app. The legal contract for the Services is between the user and the Handler. Lode has no control over the conduct of the user or the Handler.

About you

You confirm that you are over the age of 18 years. You must own or have access to a motor vehicle in order to pick up and drop off laundry to the user. If you are a washing Handler, you must also have a washing machine that can wash a minimum load of 5kgs. If you are an ironing Handler, you must have a domestic iron and ironing board. You must also have a smart phone that can run Lode app. You also confirm that you have current insurance policies insuring against product and public liability. You will not do anything which would cause these insurance policies to lapse.

Approval to be a Lode Handler

In order to be approved as a Lode Handler, you must complete the registration process and be approved by Lode. The approval of a Lode Handler is in the absolute discretion of Lode. In the event that you are not approved to be a Lode Handler, Lode is not required to provide reasons for refusing approval. Any costs incurred by you in completing the registration process are at your expense. In no circumstances will Lode be liable for your costs in submitting an application for approval.

Changes to Terms of Use

Lode reserves the right to change, modify, revise or otherwise amend any provision of these Terms of Use, and any other terms, policies or guidelines governing your use of the Site and Services, at any time at its sole discretion. Your continued use of the Site will constitute your acceptance of any changes or modifications. You should review these Terms of Use whenever you access the Site.

Our Privacy Policy provides information on how Lode collects, uses and discloses information from all users (including Handlers) of the Site and/or information obtained through user purchases of the Services through the Site.

Computer/Device compatibility

To use the Site you will need a device or computer that meets the system and compatibility requirements of the Site. This may change from time to time. You are responsible for ensuring that your computer or device is adequate to use this Site and any material contained on it.

Lode app

Lode's mobile application “Lode” app is available for download by users via authorised application stores and other platforms. If you access and use the Site via Lode app or on a mobile phone, tablet or similar mobile device, you are bound by these Terms of Use.

License and use of intellectual property

The Lode Site and all images, software, platforms, tools, graphics, data, text, code, the Trademarks (as defined below) and other content and materials available on the Site and the selection and arrangement thereof (collectively, the "Lode Info") are the property of Lode or its third party licensors and are protected Australian and international intellectual property laws.

You acknowledge that (i) all right, title and interest in and to the Lode Info, including all intellectual property rights (including trademarks) and other proprietary rights embodied therein or associated therewith, are and will remain with Lode or its third party licensors and no right or interest in the Lode Info is conveyed other than the limited licenses granted and the Lode Info is protected by copyright and other intellectual property laws.

You acknowledge that “Lode” app, the look and feel of the Site and any slogans of Lode contained on the Site are trademarks of Lode (collectively, the "Trademarks") and may not be copied, imitated or used without the prior written permission of Lode. All other trademarks, registered trademarks, product names and company names or logos contained on the Site or in the Lode Info are the property of their respective owners.

Conduct of Handler

You agree that you have read and agree to be bound by the Community Guidelines. These Guidelines are updated from time to time and you are therefore requested to review the Guidelines on a regular basis.

Where you are providing feedback or ratings of users (“Feedback”), you agree that you will provide the Feedback honestly. Your Feedback must not contain any language that it likely to be offensive to any third party. We reserve the right to remove any Feedback provided by you for any reason whatsoever.

Any use of the Site or of any Lode Info other than as specifically authorised herein, without the express prior written permission of Lode, is strictly prohibited. Any such unauthorised use will result in the immediate termination of your rights under these Terms of Use and will constitute a breach of the license granted herein.

You must not misuse the Site by knowingly introducing viruses, trojans, worms, keystroke loggers, spyware, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server in which the Site is stored or any server, computer or database connected to the Site. You must not attach the Site via a denial-of-service attack or a distributed denial-of-service attack.

Indemnity

You agree to defend, indemnify and hold harmless Lode and its affiliates and subsidiaries (collectively, the "Indemnified Parties"), and the Indemnified Parties' independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including reasonable legal fees) arising out of or related to the Services, your use of or inability to use the Site, the Lode Info including any actual or threatened suit, demand or claim made against any of the Indemnified Parties and/or their independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Services, your conduct, your violation of these Terms of Use or your violation of the rights of any third party

Hyperlinks

You may create a text hyperlink to the Site, provided such link does not portray Lode or any of the Lode Info in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked by Lode at any time. You may not frame the Site or utilize framing techniques to enclose the Site or Lode Info or other proprietary information without Lode's express prior written consent.

Acceptance of obligations under the User Terms of Use

Users of the Site are required to accept Terms of Use before accessing the Site or the Lode Info. In accepting these Terms of Use, you agree to be bound to any obligations of Lode as set out in the User’s terms of Use as they apply to you.

Your contract for the purchase of Services is confirmed once you receive an email or text message from Lode confirming the purchase of Services from you.

Third Party Services and Third Party Advertisements

Lode may make third party content and services available on or through the Site (“3PS”) solely as a convenience to its users (e.g. links to third party websites). The Site may contain third party advertisements and promotions generated by Lode, Lode vendors or other third party service providers. You acknowledge and accept that the use of 3PS and any third party advertisements is in the absolute discretion of Lode.

Limitation of liability

The Lode Info displayed on the Site and the Services are provided without any guarantees, conditions, warranties as to their accuracy or fitness for purpose. To the extent permitted by law, Lode expressly exclude:

1. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity

2. Any liability for any direct, indirect or consequential loss or damage incurred by any Handler or user in connection with the Site or in connection with the Services, any websites linked to the Site including, without limitation any liability for loss of income or revenue, loss of business, loss of profits, loss of data, loss arising by virtue of a denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs.

The Site and the Lode Info are provided “as is” and on an “as available” basis.

In no event will the aggregate liability of Lode to Handlers whether in contract, tort, product liability or otherwise, arising out of or in connection to the use (or inability to use) the Site exceed the amount paid by Lode to the Handler for the particular order for Services.

NOTHING IN THESE TERMS OF USE IS INTENDED TO ADVERSELY EFFECT ANY RIGHTS YOU MAY HAVE UNDER AUSTRALIAN CONSUMER LAWS.

No Relationship

Your use of the Site does not create a partnership, agency, employer/employee relationship or joint venture. For the avoidance of doubt, you are responsible for complying with your local taxation laws.

Pricing and payment

Once you have been approved to be a Handler by us, we will provide you with the pricing structure for the Services. Your use of the Site confirms your acceptance to the pricing structure published by Lode. Due to market demands, the pricing structure may change and we will notify you in advance of any changes. Should you not agree to the change in pricing, you are entitled to cease offering services on the lode app.

If you are an Australian Citizen/Resident, you must provide Lode with your ABN before any payments can be processed to you. Failure to provide your ABN may result in Lode blocking your access and/or use of the Site or money being withheld in accordance with Australian Taxation Rules/Guidelines.

Lode outsources the processing of any payments (“3PP”). Lode will pay you in accordance with the current pricing structure. Payment will be made within 2-3 business days following the completion of each service.

You will need to register with a provider nominated by Lode to receive payments from Lode. Lode does not hold your financial information. Lode is not responsible for the actions of any 3PP. You will be bound by the terms of use of any 3PP.

Applicable Law and Use by International Users

Your use of the Services is subject to all applicable state, federal and international laws and regulations. These Terms of Use and your use of the Site will be governed by and construed in accordance with the laws of the State of Victoria, Australia applicable to agreements made and performed within the State of Victoria, Australia.

If you access the Site from a country other than Australia, you agree that your transactions with Lode occur in Australia. You are responsible for compliance with all applicable laws, rules and regulations applicable to your use of the Services.

Please note that these services are not intended to be used by international users.

Assignment

These Terms of Use are binding upon and inure to the benefit of the parties hereto and their permitted successors and assigns. Notwithstanding the foregoing, you may not assign your rights under these Terms of Use without Lode's prior written consent. Lode will be permitted to assign its rights under these Terms of Use at its sole discretion.

Severability

If any provision of these Terms of Use is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms of Use will remain in full force and effect, and, if legally permitted, such offending provision will be replaced with an enforceable provision that as nearly as possible effects the parties' intent.

Survival

The terms and conditions of these Terms of Use which by their nature are intended to survive termination or expiration will survive any expiration or termination of these Terms of Use.

Availability of the Site and Services

Lode reserves the right at any time, at its sole discretion and without notice, to suspend, modify, discontinue or permanently cancel the Site, Services and/or Lode Info or any portions thereof. If the Site, Services or Lode Info, or any part thereof are permanently discontinued or cancelled by Lode, Lode will not have any further liability to you. Lode will not have any liability to you for any interruption or unavailability of the Site or the Lode Info.

Closing your account or restricting your access to the Site

You may request the closure of your account by sending an email to [insert email address] providing clear written notice of such request. When Lode receives your request, Lode will close your account and notify you of such via email. Lode may request additional information from you prior to closing your account.

Lode may close your account or block access to and use of the Site, at any time for any reason at its sole discretion, which such termination will be effective immediately. If you breach the Terms of Use, Lode at its sole discretion may (i) require you to remedy any breach thereof and/or (ii) take any other actions that Lode deems appropriate to enforce its rights and pursue available remedies.