Terms and Condition

1.1 About Instantfix

Instantfix is a digital lead generation and marketplace platform that connects customers requiring mobile panel beating services with independent contractors (panel beaters). Instantfix operates as a platform facilitating introductions between customers and service providers and does not employ any panel beating technicians.

1.2 Key Definitions

For the purposes of these Terms and Conditions:

• "Instantfix" or "we," "us," "our" means Instantfix Pty Ltd and its associated entities
• "Platform" means the Instantfix website, mobile application, and all related services
• "Independent Contractors" or "Technicians" means self-employed panel beating professionals who use the Platform to offer services
• "Customers" or "you" means individuals or businesses who request panel beating services through the Platform
• "Services" means the mobile panel beating and related repair services provided by Independent Contractors
• "Agreement" means these Terms and Conditions and any documents incorporated by reference

2.1 Lead Generation Service

Instantfix is a lead generation platform and marketplace. We facilitate connections between Customers seeking panel beating services and Independent Contractors offering such services. Instantfix is not a service provider itself and does not perform any panel beating or repair work.

2.2 No Employment Relationship

All panel beating technicians using the Platform are independent contractors and are not employees or agents of Instantfix. Independent Contractors:

• Are self-employed professionals with their own businesses
• Set their own rates and terms of service (within Platform guidelines)
• Are responsible for all aspects of their work, including quality, safety, and insurance
• Enter into direct contractual relationships with Customers
• Have complete autonomy in determining how to perform Services

2.3 Platform Role

Instantfix provides:

• A platform for Customers to submit service requests and receive quotes
• A system for Independent Contractors to view available work and submit bids
• Payment processing functionality for transactions
• Communication tools connecting Customers and Technicians
• Administrative support for platform operations

Instantfix does not supervise, direct, or control the manner or method of work performed by Independent Contractors.

3.1 Acceptance of Terms

By accessing and using the Instantfix Platform, you agree to be bound by these Terms and Conditions. If you do not accept these terms, please do not use the Platform.

3.2 Eligibility

You must be at least 18 years of age and have the legal capacity to enter into binding agreements to use the Platform.

3.3 Account Responsibility

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities conducted through your account
• Providing accurate and complete information during registration
• Notifying Instantfix immediately of any unauthorized use of your account

4.1 Contractor Independence

Instantfix explicitly acknowledges and confirms that all panel beating technicians using the Platform are independent contractors. Instantfix:

• Does not control or direct the work performed
• Does not provide training or supervision
• Does not set working hours or conditions
• Does not provide equipment or materials
• Does not withhold taxes or provide employment benefits
• Is not responsible for compliance with employment laws regarding technicians

4.2 Direct Relationship Between Customers and Contractors

When you (as a Customer) accept a quote or engage an Independent Contractor through the Platform, you enter into a direct contractual relationship with that Independent Contractor. This relationship is between you and the Contractor only. Instantfix is not a party to, and has no responsibility for, this arrangement.

4.3 Limitation of Liability - Damages

Instantfix is not responsible for any damages, loss, injury, or harm resulting from the Services provided by Independent Contractors. This includes, but is not limited to:

• Damage to customer vehicles caused by negligent workmanship, inadequate repairs, or improper techniques
• Damage to customer property (including driveways, garages, landscaping, or other structures) caused by Independent Contractors
• Personal injury or bodily harm caused by Independent Contractors
• Theft, loss, or damage to customer property while in the possession of Independent Contractors
• Inadequate, defective, or incomplete repairs
• Use of incorrect materials or methods
• Any other loss or damage directly or indirectly arising from the Services

4.4 Customer Remedies

If you suffer loss or damage as a result of Services provided through the Platform, your sole remedy is to pursue a claim directly against the Independent Contractor who provided the Services. Instantfix is not liable for:

• Contractor negligence or misconduct
• Breach of contract by Contractors
• Any injuries or damages caused by Contractors
• The financial viability or insurability of any Contractor

5.1 Payment Methods

Instantfix facilitates payment through two methods:

• Platform Transfer/Card Payment: Customers may pay through the Platform using bank transfer or card payment. Instantfix will process and transfer funds to the Contractor's designated account.
• Cash Payment: Customers may arrange to pay Contractors directly in cash. Instantfix has no involvement in or responsibility for cash transactions.

5.2 Instantfix Commission

Instantfix charges a commission on Services completed through the Platform. Details of commission rates will be provided during the booking process.

5.3 No Guarantee of Payment

Instantfix does not guarantee that Independent Contractors will receive payment from Customers. Instantfix's role is limited to processing and transferring funds when payment is made through the Platform. For cash transactions, payment is entirely between Customer and Contractor.

5.4 Dispute Resolution - Payments

Payment disputes between Customers and Contractors are between those parties. Instantfix may, at its discretion, assist in dispute resolution but has no obligation to do so.

6.1 Your Use of the Platform

You agree not to:

• Submit false, misleading, or incomplete information about repair requirements
• Use the Platform for any unlawful purpose
• Harass, threaten, or abuse any Independent Contractor
• Attempt to circumvent Platform processes or pricing structures
• Engage in fraudulent activity

6.2 Job Descriptions

You must provide accurate, detailed descriptions of required work. Instantfix is not responsible for misunderstandings or disputes arising from incomplete or inaccurate job descriptions.

7.1 Professional Conduct

Independent Contractors must:

• Possess all necessary licenses, qualifications, and insurance required by Australian law and local regulations
• Perform all work in a professional and workmanlike manner
• Comply with all applicable laws and safety standards
• Maintain appropriate public liability insurance
• Indemnify and hold harmless Instantfix for any claims arising from their work

7.2 Direct Relationship with Customers

Independent Contractors acknowledge that they are solely responsible for:

• Fulfilling all commitments and obligations to Customers
• Meeting quality standards expected for professional panel beating work
• Resolving disputes with Customers
• Maintaining proper insurance coverage
• Paying all applicable taxes and complying with superannuation obligations

8.1 "AS IS" Provision

The Platform and all Services are provided on an "as is" basis. Instantfix makes no warranties regarding:

• The suitability of the Platform for your purposes
• The quality, reliability, or accuracy of the Platform
• The qualifications or reliability of Independent Contractors
• The quality of Services provided by Contractors

8.2 No Endorsement

Instantfix does not endorse, recommend, or guarantee any Independent Contractor. Listing on the Platform does not imply Instantfix's approval of the Contractor's work quality, reliability, or conduct.

8.3 Exclusion of Consequential Damages

To the maximum extent permitted by law, Instantfix is not liable for:

• Loss of revenue or profits
• Loss of business opportunity
• Loss of data or information
• Reputational damage
• Any indirect, incidental, special, or consequential damages

9.1 Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of Australia, specifically the laws applicable in the Australian Capital Territory, without regard to its conflict of law principles.

9.2 Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms and Conditions, the Platform, or the Services shall be resolved through binding arbitration rather than in court proceedings, except where prohibited by law.

9.3 Arbitration Procedure

• Any arbitration shall be conducted in accordance with the Australian Arbitration Act 1974 (Cth)
• A single arbitrator shall be appointed unless the dispute involves multiple parties or complex issues requiring a panel
• The arbitration shall be conducted in English
• The location of arbitration shall be in Sydney, New South Wales, Australia
• Each party shall bear its own legal costs unless the arbitrator determines otherwise

9.4 Pre-Arbitration Notice

Before initiating arbitration, the complaining party must provide written notice to the other party outlining the dispute and proposed resolution. The parties shall attempt to resolve the matter through good faith negotiation for a period of 30 days from receipt of such notice.

9.5 Limitation on Claims

Any claim against Instantfix must be brought within 12 months of the events giving rise to the claim. Claims brought after this period are barred.

10.1 Cap on Liability

To the maximum extent permitted by applicable Australian law, Instantfix's total liability arising out of or relating to these Terms and Conditions or the Platform shall not exceed the total amount of fees (if any) paid by you to Instantfix in the 12 months preceding the claim.

10.2 Exclusion of Liability

Instantfix is not liable for any:

• Damage caused by Independent Contractors, whether arising from negligence, breach of contract, or any other cause
• Loss or damage to customer property or vehicles
• Personal injury or bodily harm
• Economic loss or lost profits
• Reputational damage or loss of business opportunity

11.1 Customer Indemnification

You (as a Customer) agree to indemnify, defend, and hold harmless Instantfix from and against any and all claims, damages, liabilities, costs, and expenses (including legal fees) arising from or related to:

• Your use of the Platform
• Your engagement with any Independent Contractor
• Your breach of these Terms and Conditions
• Disputes between you and any Independent Contractor
• Any damage or loss you suffer as a result of Services provided by Contractors

11.2 Contractor Indemnification

Each Independent Contractor agrees to indemnify, defend, and hold harmless Instantfix from and against any and all claims, damages, liabilities, costs, and expenses (including legal fees) arising from:

• The Services provided by the Contractor
• Any damage, injury, or loss caused by the Contractor's work
• The Contractor's breach of applicable laws or these Terms and Conditions
• Any disputes with Customers

If you have any questions, concerns, or requests regarding this Terms and Condition or the App's data practices, please contact us at:

InstantFix

Please include "Terms and Condition" in the subject line of your email.

By using the App, you acknowledge that you have read and understood this Terms and Condition and agree to its terms and conditions.