Terms & Conditions

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE

  • 1. Welcome to the Website
    • 1.1 WhoCanDo operates this Website as a one-stop portal for Australian residents to buy or sell nearly any kind of service based on three alternative processes: quotation, tender and “reverse-auction”. WhoCanDo is not a traditional “auctioneer”. We are not involved in the actual transaction between Buyer and Seller. Therefore, we have no control over the quality or legality of services posted by Members on the Website, the truth or accuracy of the listings, or the ability of Members to buy or provide the services placed on auction.
    • 1.2 However, WhoCanDo provides a feedback system which allows all Members to review each other’s reputation before making a decision to bid, quote or buy and to give feedback after a transaction is completed. You may not take any actions which could undermine the integrity of the feedback system.
  • 2. About this Agreement
    • 2.1 Please note that your access and use of the Website is conditional upon your acceptance and compliance with this Agreement. By using and/or continuing to access the Website, you agree to be bound by this Agreement and any amendments. If you object to any of the terms and conditions of this Agreement or any amendments, your only recourse is to immediately terminate your Membership of the Website.
    • 2.2 To make this Agreement easier to read, we have defined certain words and phrases and capitalised them throughout. A dictionary of those definitions can be found at clause 19.
    • 2.3 Use of some parts or features of the Website may be governed by additional terms and conditions. Those additional terms and conditions will apply in addition to this Agreement, and will prevail over this Agreement if there is any inconsistency between them.
    • 2.4 We may amend this Agreement from time to time by posting the amended terms on the Website. We will notify amendments on our Announcements Page. Except as stated below, all amended terms will come into effect 14 days after they are first posted on the Website. However, amendments will not apply to any auctions placed prior to the date on which the amendments came into effect. This Agreement may not be otherwise amended except in writing signed by you and us.
    • 2.5 From time to time we may change the Website to add or remove features or services, without liability to our Members.
  • 3. Becoming a Member of WhoCanDo
    • 3.1 Membership of the Website is free.
    • 3.2 Membership is only open to individuals and entities who can form legally binding contracts under Applicable Law, and who are resident in Australia. Without limiting the foregoing, Membership is not available to anyone under 18 years of age or anyone whose previous Membership has been permanently suspended or terminated by WhoCanDo.
    • 3.3 Individuals must register in their own right (ie. not on someone else’s behalf), and registration of legal entities other than individuals must be made by an authorised representative of the entity. You may not register more than once (for example, by registering under different usernames).
    • 3.4 We may decide in our sole discretion whether to accept your registration.
    • 3.5 You are responsible for all use of the Website and the Services made using your username and password. Please notify us immediately if you become aware of any unauthorised used of your username and/or password.
    • 3.6 Your Membership account (including feedback about you, and your username and password) is personal to you and may not be sold, assigned or transferred to anyone else. As it is in everyone’s interests to promote authenticity and reliability of Membership, if you attempt to sell, assign or transfer any aspect of your account, we may suspend or terminate your Membership.
    • 3.7 We will communicate with you through the email address you provided on registration. You should notify us promptly if there is any change in the details you provided on registration.
    • 3.8 In order to protect other Members and WhoCanDo from inappropriate use of the Website, you warrant that Your Information: (1) is not false, inaccurate, misleading or fraudulent; (2) does not infringe any third party’s copyright, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (3) is not obscene, defamatory, libellous, unlawfully threatening or unlawfully harassing; (4) does not violate any Applicable Law; (5) does not contain or describe pornography and is not otherwise harmful to persons under the age of 18 years; and (6) will not create liability for WhoCanDo or cause us to lose (in whole or in part) the services of our internet service providers or other suppliers.
    • 3A. Premium Membership

    • 3A.1 If you are a Member, you may subscribe to premium membership (as described at Fee Schedule) (Premium Membership) at any time by:
      (1) submitting an application for Premium Membership via Fee Schedule, selecting from each of the various options listed on that page; and
      (2) paying to us the premium membership fee specified on the Website for the Premium Membership you have selected. If you select a payment plan which permits you to pay the premium membership fee in instalments, you agree to pay all of the instalments as they fall due.
    • 3A.2 You may cancel your subscription to Premium Membership at any time within 7 days after you subscribe (Cooling Off Period), by giving us written notice (via email to coolingoff@whocando.com.au) requesting cancellation. We will pay you an amount equal to the amounts you paid on subscription if you cancel within the Cooling Off Period.
    • 3A.3 After the Cooling Off Period has expired, you may not cancel your subscription until the expiry of the minimum subscription period you selected in your application (Minimum Period).

    • 3A.4 Subject to clause 3A.5, your subscription will be automatically extended on expiry of the Minimum Period for successive further periods equal to the payment period you selected in your application form (each an Extended Period). For example, if you selected to pay quarterly in advance, your subscription will be automatically extended on expiry of the Minimum Period for further quarter, and will be extended at the end of each subsequent quarter for a further quarter.
    • 3A.5 If you would like to upgrade your subscription to a higher category of Premium Membership at any time, please contact us by sending an email to membershipupgrade@whocando.com.au.
    • 3A.6 You may cancel your subscription to Premium Membership by giving us written notice (via email to cancelmembership@whocando.com.au), provided that notice of cancellation will not take effect until the expiry of the Minimum Period or the then current Extended Period, as the case may be.

    • 3A.7 If your Membership is terminated for any reason, your subscription to Premium Membership is automatically terminated, without WhoCanDo incurring any liability to pay any amount to you by way of refund, loss, damage or otherwise as a result. If your Membership is suspended for any reason, your subscription to Premium Membership is automatically suspended for the same period as your Membership is suspended, without WhoCanDo incurring any liability to pay any amount to you by way of refund, loss, damage or otherwise as a result.

  • 4. Protecting Your Privacy
    • 4.1 The Website has a Privacy Policy that applies to all users and is incorporated into this Agreement by reference. You should read the Privacy Policy before using the Website.
  • 5. Terminating Your Membership
    • 5.1 Either you or WhoCanDo may terminate this Agreement at any time without cause by giving notice to the other in writing. However, the terms of this agreement will continue to apply to any auctions placed by you or in which you placed a bid prior to giving or receiving the notice of termination, until those auctions have concluded and all fees payable by you to WhoCanDo have been paid.
    • 5.2 If: (1) you breach this Agreement or the terms of any other policy or document incorporated into this Agreement by reference; (2) you act in any manner which we believe is unlawful, or which we believe may give rise to legal liability for you, our Members or WhoCanDo; (3) we are unable to verify or authenticate any information you provide to us; or (4) other Members consistently leave negative feedback about you, then we may, in our absolute discretion, immediately and without notice, temporarily suspend, indefinitely suspend or terminate this Agreement and your Membership of the Website. If we do this, any auctions placed by you will be immediately terminated, and any bids placed by you will be automatically withdrawn.
    • 5.3 Subject to clause 5.1, if this Agreement terminates: (1) you are no longer authorised to access the Website; (2) all restrictions imposed on you, licences granted by you and all disclaimers, indemnities and limitations of liability set out in this Agreement will survive; and (3) any rights or remedies which WhoCanDo may otherwise have under this Agreement or at law will be unaffected.

  • 6. What Buyers Need to Do
    • 6.1 When placing an auction on the Website, you need to: (1) describe the services required and all terms of purchase on the listing page of the Website; (2) only include text descriptions, graphics, pictures and other content relevant to the purchase of those services; (3) ensure that the auction is listed in the appropriate category; (4) state the maximum price which you are willing to pay for those services, where specified in the listing page, but only if you wish to do so; and (5) select the number of days over which the auction is to run.
    • 6.2 When you place an auction on the Website, you warrant that you are legally able to purchase the services specified in the auction, and that you intend to be legally bound by any contract which is formed in accordance with clause 6.5.
    • 6.3 You are solely responsible for inaccurate or incomplete descriptions of the services, spelling errors, double entry of auctions and other errors within your control.
    • 6.4 If you receive at least one bid on your auction, the system will automatically select the lowest bid (the Default Bid) for your first evaluation when the auction closes. If there are two or more bids which are lowest in price, the bid which was lodged earliest in time will be selected as the Default Bid.
    • 6.5 During the Evaluation Period after the auction closes, you may: (1) accept the Default Bid, in which case the auction concludes and a contract is formed with the bidder who lodged the Default Bid; (2) reject the Default Bid and accept a different bid, in which case the auction concludes and a contract is formed with the bidder who lodged the accepted bid; (3) reject the Default Bid and accept none of the other bids, in which case the auction concludes and no contract is formed with any bidder; or (4) do nothing, in which case you will be deemed to accept the Default Bid at the end of the Evaluation Period, at which time the auction concludes and a contract is formed with the bidder who lodged the Default Bid.
    • 6.6 Once the auction concludes and a contract is formed, you must complete the transaction with the winning Bidder (unless the transaction is prohibited by law or this Agreement).

  • 7. What Bidders Need to Do
    • 7.1 When you place a bid on an auction on the Website, you represent and warrant to the Buyer that: (1) your bid price is inclusive of GST and any other taxes or charges payable in relation to the services in Australia; (2) your bid will remain capable of acceptance for 14 days after the auction closes (subject only to retractions permitted under this Agreement); (3) you are legally entitled to provide the services specified in the auction; and (4) you intend to be legally bound on acceptance of your bid at the conclusion of the auction.
    • 7.2 You may not retract a bid unless: (1) the Buyer materially changes the description of the services or the conditions of purchase after you placed your bid; (2) you made a clear typographical error when you placed the bid; (3) you are unable to authenticate the Buyer’s identity; or (4) other exceptional circumstances exist, as determined by WhoCanDo in its sole discretion.
    • 7.3 If your bid is accepted by the Buyer (either actively or by default under clause 6.4), then you must complete the transaction with the Buyer, unless the transaction is prohibited by law or this Agreement.

  • 8. Communication During the Auction Process
    • 8.1 During and after the running of an auction, the Buyer and any Members bidding, or proposing to bid, on the auction may contact each other to discuss the details of the auction and the services via a message system provided for that purpose on the Website. The message system may not be used for any other purpose.
    • 8.2 We may review messages placed on the system and may temporarily or indefinitely suspend availability of the message system, or any Member’s use of the system.
    • 8.3 At the conclusion of the auction, we will: (1) inform all Bidders by email that the auction has concluded and identify the winning bid; (2) send the details of the Buyer to the Seller and details of the Seller to the Buyer.

  • 9. Restrictions and Prohibitions
    • 9.1 You may not use the Website in any manner or for any purpose that is unlawful, that violates any right of WhoCanDo or that is prohibited by this Agreement. In particular, it is a condition of your use of and/or access to the Website that you do NOT do any of the following: (1) manipulate, or try to manipulate, an auction in any way (including, without limitation, bidding on your own auction through a third party for the purpose of driving the price down); (2) enter, or attempt to enter, into a contract for services described in an auction on the Website other than through the Website; (3) use any mechanism, software or other scripts in relation to the Website which could disrupt or interfere with the Website or any servers, software, hardware or equipment connected to or via the Website, including any robot exclusion headers; (4) restrict or inhibit any other user from using or enjoying the Website; (5) distribute or transmit any Content of any kind which contains a virus or other harmful component; (6) distribute any pornographic, extremist or racist material or any material which might otherwise be harmful to young persons; (7) use the Website for the purpose of advertising or promoting political parties or extremist organisations; (8) violate any Applicable Law relating to your use of the Website; or (9) link directly or indirectly to or include a description of services that are: (a) prohibited under this Agreement; or (b) concurrently being auctioned on a web site other than the Website.

  • 10. Fees and Invoicing
    • 10.1 Membership of the Website is free. Most of the services we provide on the Website are also free – for example, you can place bids, develop your WhoCanDo member profile, receive email notifications and updates, place feedback and make contributions to message boards for no charge.
    • 10.2 We may charge fees for certain services in accordance with our Fee Schedule (which schedule is incorporated into this Agreement by reference). When you place an auction you have the opportunity to review and accept the fees that you will be charged for our services. Without limiting the terms of the Fees Schedule, we may charge: (1) a placement fee to Members when they place an auction on the Website (at which point, the Member becomes a “Buyer”), together with additional fees for any optional extra features selected by the Buyer when placing the auction; and (2) a success fee at the end of a successful auction (being an auction in which at least one bid is made). For more details on the placement and success fees and the manner in which they are calculated, please refer to our Fees Schedule.
    • 10.3 For the avoidance of doubt, placement fees and optional extras fees are payable even if we subsequently terminate the auction under the terms of this Agreement.
    • 10.4 We may change our Fees Schedule from time to time, and such changes will come into effect 14 days after the changes are posted to the Website. However, the changes will not apply to any auctions listed prior to the date of posting. We will notify any amendments to the Fees Schedule on our Announcements Page. If we introduce a new service, the fees for that service are effective at the launch of that new service.
    • 10.5 Unless otherwise stated, all fees are quoted in Australian Dollars.
    • 10.6 The following terms apply only if you use services on the Website to which a fee applies: (1) You are solely responsible for paying the fees and any applicable taxes in relation to our services and the Website. You must not pass, or attempt to pass, responsibility for payment of these fees and taxes on to another Member (including any Member who bids successfully on an auction placed by you), although you may wish to consider these costs when determining the maximum or fixed price for your work. (2) We may require you to provide financial information, such as bank account or credit card account details, in order for us to invoice you for fees incurred. (3) We will issue you with an invoice statement on a monthly basis, by email, setting out details of your use of the Website and the fees payable by you for that month. Invoices are due and payable within 7 days of the date of invoice. You authorise us to: (a) charge your nominated credit card; or (b) direct debit your bank account, using the credit card or bank account details given by you, on an ongoing monthly basis for all fees payable by you in the relevant month (if any). (4) If a payment request we submit to your nominated account is dishonoured or rejected, then we may charge you an additional $15.00 to cover internal costs and bank fees (5) If you default in any of your payment obligations and fail to remedy the default within 7 days after we give you notice, you irrevocably authorise us to notify any debt collection or credit reporting agency of the default. If this happens, all amounts then outstanding (including any current arrears) will be due in full. You authorise us to add to the outstanding debt a fee of $50 and an amount equivalent to 25% of the full outstanding balance (being our expenses reasonably incurred in collecting the debt) upon initial referral to the debt collection or credit reporting agency. (6) We may refund or waive our right to receive part or all of the fees paid by you, in our absolute discretion, and without accepting any legal obligation to do so.

  • 11. GST and Other Taxes
    • 11.1 For the purposes of this clause 11, GST means the GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 (GST Act), and words used in this clause which have a defined meaning in the GST Act, have the same meaning as in the GST Act, unless the context otherwise requires.
    • 11.2 Unless expressly included, the consideration for any supply made under or in connection with this agreement does not include GST.
    • 11.3 To the extent that any supply made under or in connection with this agreement is a taxable supply, the consideration for that supply is increased by an amount equal to that consideration multiplied by the rate at which GST is imposed in respect of that supply.
    • 11.4 Other taxes and government charges may be payable in relation to the use of the Website. We have no responsibility for such taxes or other government charges on transactions or in any way connected with the Website.

  • 12. Intellectual Property
    • 12.1 You acknowledge that the Content in this Website is the subject of intellectual property and legal rights (including third party rights). You must not, during or at any time after the expiry or termination of this licence, do or permit any act which infringes any of those rights.
    • 12.2 Other than as expressly permitted by law or this Agreement, you may not, without the specific prior written consent of WhoCanDo or its Affiliates, do any of the following things, either directly or indirectly: (1) use, copy, reproduce, translate, reuse, transmit, retransmit, adapt, vary, remove, alter, modify, store, publish, republish, broadcast, link, distribute, frame, post, upload, rewrite, broadcast or store Content; (2) incorporate Content into any other web site or use Content for any commercial purpose (other than for the purposes of bidding on auctions and providing services in connection with a successful bid); (3) store Content in a retrieval system by any means, including graphic, electronic or mechanical means, photocopying, recording, taping or storage in an information retrieval system; or (4) use Content in any manner or for any purpose which is unlawful, which violates any right of WhoCanDo or an Affiliate or which is prohibited by this Agreement.
    • 12.3 You must ensure that all copies of material from the Website retain any copyright or other intellectual property notices contained in the original material, and ensure your employees, subcontractors and other agents (if any) who have authorised access to the Website are made aware of this obligation.
    • 12.4 Provided that the ownership of the Content by WhoCanDo is acknowledged and strictly on the condition that you keep all Content intact and in the same form as presented, (including all copyright, trademark and other proprietary notices and all advertisements), you may: (1) download and view the Content using an industry-standard Web browser; (2) if you are an Internet service and/or access provider, supply the Content to your subscriber; (3) access and display these pages on a computer or a monitor; (4) hold a temporary copy in the computer's cache; and (5) make a single permanent copy for your personal reference.
    • 12.5 Some of the copyright in the Content is included on the Website under a licence from third parties, such as processes used in constructing or accessing this Website. Any permission to use, copy or reproduce that Content (other than in the course of viewing this Website) must be obtained from the copyright owner. It is your responsibility to obtain authorisation.
    • 12.6 All names, logos and trademarks (both registered and unregistered) are the property of WhoCanDo, or the third parties who have contributed to this Website. Use of these trademarks will infringe intellectual property rights. It is your responsibility to obtain the requisite approval. Nothing contained on this Website should be construed as granting any licence or right to use or distribute any name, logo or trademark displayed on the Website without the express written permission of WhoCanDo, the relevant affiliate, or contributor.
    • 12.7 Some of the logos appearing on the Website may be available to you to place on your own web site as a hyperlink to the Website, but that use requires the express written authorisation of WhoCanDo, and any use must be in accordance with the trademark usage guidelines of the relevant trademark owner. For more information on linking to the Website, please refer to clause 16.

  • 13. Information
    • 13.1 WhoCanDo cannot and does not verify or confirm the identity and other details provided by Members, because verification on the Internet is difficult and uncertain. To assist Members to make decisions when entering into transactions, we have established a Member-initiated feedback system to help you evaluate the Member you are dealing with. We also encourage you to communicate directly with potential trading partners through the tools available on our Site. You may also wish to consider using a third party escrow service or services that provide additional user verification.

  • 14. Your Information
    • 14.1 You accept sole responsibility for all Your Information provided to WhoCanDo or posted to the Website. You acknowledge that while WhoCanDo passively enables the online distribution and publication of Your Information, WhoCanDo is not responsible for it.
    • 14.2 WhoCanDo does not wish to breach any rights you may have in Your Information, such as rights of privacy and publicity. To enable us to use Your Information in connection with the Website without violation of those rights, you grant to us a non-exclusive, worldwide, perpetual, royalty-free right (with a right of sub-licence) to exercise the copyright, publicity and database rights you have in Your Information, in accordance with, and for the purposes set out in, this Agreement and our Privacy Policy.
    • 14.3 You must promptly inform us if you become aware that any of Your Information provided to us breaches this Agreement and take whatever steps may be necessary to correct the breach. This clause is not intended to limit our rights under any other provision of this Agreement if such a breach occurs.

  • 15. Indemnity and Limitation of liability
    • 15.1 As numerous factors beyond our control may affect the operation of our Website, and as we are not party to the actual transactions between Buyers and Sellers, you indemnify WhoCanDo, its directors, officers, employees, suppliers and agents to the maximum extent permitted by law, from and against all Loss to you or anyone else arising out of, or in any way connected with, the use of this Website, however occurring. The cause of the Loss includes but is not limited to: (1) access or use, or inability to access or use this Website; (2) reliance on any Content; (3) the transmission of any computer virus; (4) WhoCanDo’s negligence; (5) a breach of your computer's security; (6) any breach of this Agreement; (7) any unauthorised access to, modification or alteration of Content; (8) any material or data sent or received or not sent or received; (9) any transactions entered into through this Website; (10) any infringement of another's rights, including intellectual property rights; (11) any threatening, defamatory, obscene, offensive, harmful, inappropriate, illegal content or conduct of any party; (12) any Content sent by any third party using and/or included in this Website; (13) any service available from this Website; and (14) delays, interruptions, inaccuracies, errors, omissions or cessation of services.
    • 15.2 In relation to Non Excludable Rights, any liability incurred by WhoCanDo in relation to the use of this Website or the Content is limited as provided under the Trade Practices Act 1974 (section 68A). Liability which cannot be excluded is limited, to the extent possible and at WhoCanDo’s option, to: (1) the supply of the goods or services again; (2) the repair of the goods; or (3) the payment of the cost of having the goods or services supplied again or repaired.

  • 16. Links
    • 16.1 We may display Content on this Website which we source from Third Party Sites. We may also provide links to Third Party Sites. We provide these links and the third party Content for your convenience only, and cannot and do not: (1) endorse or recommend any Third Party Sites or Content referred to by the site owner; (2) authorise the reproduction of third party Content; (3) make any representations or warranties regarding Third Party Sites or any hyperlink contained in linked Third Party Sites relating to third party Content; or (4) accept liability for Loss of any kind arising from third party Content or use of links.
    • 16.2 Third Party Sites contain their own terms of use which you should read carefully. You link to Third Party Sites entirely at your own risk, and any third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on Third Party Sites.
    • 16.3 You may not link to the Website without our permission. If you are interested in linking to the Website, or becoming otherwise affiliated with WhoCanDo, please contact us.

  • 17. Cookies
    • 17.1 During your use of the Website, we may issue to and request from your computer blocks of data known as “cookies”. By using this Website you authorise us to issue such cookies to your computer. You must not alter any cookies sent to your computer from the Website and you must ensure that your computer sends correct and accurate cookies in response to any relevant request from the Website.

  • 18. Miscellaneous
    • 18.1 If any provision of this Agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this Agreement, which will continue in full force and effect. All rights not expressly granted are reserved.
    • 18.2 If you breach any provision of this Agreement, and WhoCanDo has knowledge of that breach, a failure to pursue legal action or to enforce any remedy against you will not constitute a waiver of our legal rights. Any waiver of legal rights granted under this Agreement will only be effective if it is in writing and signed by WhoCanDo.
    • 18.3 Unless expressly stated to the contrary, all matters relating to this Website are governed by and are to be construed according to the laws applicable in the State of New South Wales and the Commonwealth of Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales and Australia.
    • 18.4 WhoCanDo has the right to commence and prosecute any action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief if WhoCanDo considers (in its discretion) that the action is necessary or desirable.

  • 19. Definitions
    • 19.1 In this Agreement: (1) Agreement means the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Website; (2) Applicable Law in relation to any person, action or thing means the following in relation to that person, action or thing: (a) any law, rule or regulation of any country (or political sub-division of a country); (b) any obligation under any licence in any country (or political sub-division of a country); and (c) any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country); (3) Bidder means, in relation to an auction placed on the Website, a Member who places a bid on that auction; (4) Buyer means, in relation to an auction placed on the Website, the Member who placed that auction; (5) Content means any information, files, text, code, material, images, data, sounds, graphics, software, photos, graphics, software downloads, goods, services documents, layouts, applets, CGI interfaces, product photographs, screen designs, descriptions, illustrations, catalogues, advertisements, third party advertisements, publicity material, audio and video material, references to products or services, or specifications contained in, referred to, or omitted from this Website, obtained or able to be viewed by accessing any part of this Website (which may be out of date or superseded), whether it be obtained directly or indirectly, in any machine or human readable format; (6) Evaluation Period means the 14 day period after an auction closes, subject to any option to extend which we allow (in our absolute discretion) and which you elect to exercise; (7) Intellectual Property means all intellectual property rights as defined by Article 2 of the World Intellectual Property Organisation Convention 1967, in any inventions, designs, trademarks, trade names, circuit layouts, plant varieties, business and domain names, logos and get-up, confidential information, matter, materials or works accessible on or via the Website; (8) Loss means any direct, special, indirect, incidental or consequential liabilities, damages, claims, losses, costs, expenses, actions, claims, suits, demands, whether in contract, tort (including negligence), statute or otherwise, whether suffered by you, someone else, or claims made against you through the use of this Website. This includes, but is not limited to, loss of business profits, legal costs and defence or settlement costs; (9) Member means any person who has registered as a member on the Website; (10) Non Excludable Rights means the rights and remedies conferred by the Trade Practices Act 1974 and similar State and Territory Legislation in Australia in relation to the provision of goods or services on web sites which cannot be excluded, restricted or modified. Where any Act of Parliament implies any term, condition, representation or warranty into the of this Website or your use of or access to the Website, and that Act prohibits exclusion of that term, condition, representation or warranty, then it will be included in this Agreement; (11) Seller means, in relation to an auction on the Website, the Member whose bid is selected by the Buyer as the winning bid; (12) Services means the services provided by WhoCanDo on the Website; (13) Third Party Sites means sites and resources located on servers maintained by others over whom WhoCanDo has no control; (14) Website means those web pages contained within the domain http://www.WhoCanDo.com.au and any sub-domains; (15) WhoCanDo means WhoCanDo Pty Ltd ABN 79 119 441 084, its subsidiaries, officers, agents, directors, officers, employees and “related bodies corporate” as defined in the Corporations Act 2001 of Australia; and (16) Your Information means any information you provide to us or other Members in the process of registering as a Member, placing an auction, bidding on an auction, posting messages using noticeboards or other communication tools on the Website (including the feedback area) or otherwise in corresponding with us, and includes: (a) your personal details (including financial details); (b) descriptions of services you require, as listed on the Website; and (c) content posted on the Website.
    • 19.2 In this Agreement, and on the Website: (a) the terms “auction”, “job” and “job posts”; and (b) the terms “bids” and “quotes”, may be used interchangeably. Words derived from these words may also be used interchangeably.

  • 20. Using the Website from outside Australia
    • 20.1 This Website is not directed at people in any other country and should not be relied on by people in any country other than Australia. If the Content and this Agreement do not satisfy the laws of your country, you are not entitled to use the Website. If you do so, you indemnify WhoCanDo for any Loss or damage which may be incurred as a consequence.
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