Terms & conditions and Platform User Agreement

1. Definitions

In these Terms:

At Home Concierge, we, us or our

means the operator of the At Home Concierge Platform.

Account

means a registered account on the Platform.

Booking

means an arrangement created through the Platform when a Customer accepts a Provider's Offer or Quote, or otherwise confirms a Provider to perform Services.

Booking Price

means the amount agreed between the Customer and Provider for the Services, including any agreed variations made through the Platform.

Business Provider

means a Provider using the Platform in connection with a business or commercial service.

Customer

means a User using the Platform to request, arrange or purchase Services for themselves or another person.

Everyday Helper

means an individual Provider offering everyday assistance or services that do not necessarily require a professional qualification, licence or registration.

Listing or Request

means a Customer's request for Services published through the Platform.

Offer or Quote

means a proposal submitted by a Provider in response to a Listing or Request.

Platform Fee

means any fee charged by At Home Concierge in connection with a Booking or use of the Platform, as disclosed to the relevant User before the fee becomes payable.

Provider

means a User offering or providing Services through the Platform and may include an Everyday Helper, sole trader, Business Provider or appropriately qualified service provider.

Services

means services arranged between a Customer and Provider through the Platform.

Service Agreement

means the separate agreement between the Customer and Provider created when a Booking is confirmed.

User, you or your

means any person using the Platform as a Customer, Provider or both.

Verification Badge

means an indicator displayed on a User's profile showing that a particular verification step or document has been reviewed or verified in accordance with At Home Concierge's verification process.

2. At Home Concierge's role

2.1 Marketplace

At Home Concierge provides a technology platform through which Customers and Providers can find and communicate with one another, arrange Services, make Bookings and, where available, process payments.

Unless expressly stated otherwise, At Home Concierge does not itself provide the Services advertised or booked through the Platform.

Providers are independent users of the Platform and are not employees, agents, partners, franchisees or representatives of At Home Concierge.

2.2 No employment or agency relationship

Nothing in these Terms or a Booking creates an employment, partnership, joint venture, agency or similar relationship between At Home Concierge and a Provider or Customer.

Providers determine whether to respond to Listings, which Services they offer, their availability and, subject to Platform requirements, the price they propose.

2.3 Customer choice

Customers are responsible for deciding which Provider is appropriate for their needs.

The Platform may provide information such as profiles, reviews, ratings, completed Bookings, identity verification status, qualification or credential badges, service categories, availability and pricing to assist Customers in making that decision.

At Home Concierge does not guarantee that a particular Provider is suitable for a particular Customer or Service.

3. Eligibility and accounts

3.1 Age requirement

You must be at least 18 years old and legally capable of entering into a binding agreement to create an Account.

3.2 Account information

You must provide accurate, current and complete information when creating and maintaining your Account.

You must not:

• impersonate another person;
• create an Account using false information;
• create an Account on behalf of another person without authority;
• transfer or sell your Account;
• allow another person to use your Account in a manner that misrepresents their identity; or
• create additional Accounts to avoid suspension, restrictions or enforcement action.

3.3 Account security

You are responsible for maintaining the confidentiality and security of your Account credentials and for activity conducted through your Account.

You must notify At Home Concierge promptly if you believe your Account has been compromised.

4. Customer, Provider and dual-role accounts

A User may use At Home Concierge as:

• a Customer;
• a Provider; or
• both a Customer and Provider.

A User with both roles may switch between their Customer and Provider profiles using the functionality available on the Platform.

Requirements applying specifically to Providers continue to apply whenever that User acts as a Provider.

Restriction, suspension or verification of the Provider component of an Account does not necessarily prevent the User from using Customer functionality, unless At Home Concierge determines that the entire Account should be restricted or suspended for safety, fraud, legal or other legitimate reasons.

5. Customer functionality

Customers may use available Platform functionality to:

• create and manage an Account;
• create a profile;
• optionally complete identity verification where offered;
• post Listings or Requests;
• select a service category;
• describe the Services required;
• provide a location or service area;
• nominate preferred dates, times and duration;
• request one-off or recurring Services where available;
• upload photographs or other relevant information;
• set a budget, budget range or indicate that they are open to Offers;
• receive Offers or Quotes from Providers;
• view Provider profiles;
• view ratings, reviews and verification information;
• communicate with Providers through Platform messaging;
• compare Providers;
• accept an Offer or Quote;
• make and manage Bookings;
• make payments through supported payment facilities;
• confirm completion of Services;
• raise issues or disputes;
• cancel eligible Bookings subject to the applicable cancellation terms; and
• leave reviews and ratings.

Customers must provide sufficient and accurate information about the Services requested to allow Providers to make an informed decision about whether to offer those Services.

6. Provider functionality

Subject to verification and eligibility requirements, Providers may use the Platform to:

• create and maintain a Provider profile;
• nominate whether they operate as an individual or business;
• select Servicing Categories;
• provide service areas and availability;
• describe their skills, experience and Services;
• provide indicative pricing where supported;
• view relevant Customer Listings;
• submit Offers or Quotes;
• communicate with Customers;
• accept and manage Bookings;
• provide Services;
• mark Services as completed;
• receive payments or payouts;
• receive Customer reviews and ratings; and
• upload qualifications, licences, certificates, insurance or other credentials where supported.

Providers must accurately represent their skills, experience, qualifications, licences, registrations, insurance and ability to perform Services.

7. Provider identity verification

7.1 Mandatory Provider verification

Identity verification is mandatory before a User can activate or use Provider functionality on At Home Concierge.

A User must successfully complete the identity verification process specified by At Home Concierge before being permitted to access Provider Listings, make Offers or Quotes or otherwise provide Services through the Platform.

7.2 Stripe Identity

At Home Concierge may use Stripe Identity or another approved third-party verification provider to conduct identity verification.

By commencing identity verification, you acknowledge that information may be collected and processed by the relevant verification provider in accordance with its own terms and privacy policy.

At Home Concierge may receive information concerning the outcome or status of the verification.

7.3 Customer verification

Identity verification may also be offered to Customers.

Unless otherwise stated by At Home Concierge, Customer identity verification is optional.

A Customer who successfully completes the relevant process may receive an ID Verified badge or similar indicator.

7.4 Limitations of identity verification

Identity verification is intended to provide additional information about a User's identity. It does not constitute:

• a character reference;
• a guarantee of honesty;
• a guarantee of competence;
• a guarantee of safety;
• a criminal history check;
• an endorsement by At Home Concierge; or
• a guarantee that a User will properly perform their obligations.

Users must continue to exercise their own judgment when interacting with another User.

8. Provider qualifications and credentials

Providers may be permitted or required to submit documents relevant to particular Services.

These may include, where applicable:

• Working With Children Check or equivalent;
• NDIS Worker Screening Check or relevant disability-sector credential;
• First Aid certification;
• CPR certification;
• trade licences;
• professional licences or registrations;
• qualifications or certificates;
• insurance information;
• business information;
• ABN information; and
• other credentials relevant to the Services being offered.

At Home Concierge may review submitted documentation and, where satisfied with the verification requirements applying to that credential, display a corresponding Verification Badge.

An ABN may be optional unless required by law, the nature of the Provider's business or a particular Platform feature.

Providers remain responsible for determining which licences, registrations, screening checks, insurance, qualifications and other legal requirements apply to the Services they provide.

9. Verification badges

Verification Badges may include indicators such as:

• ID Verified
• WWCC Verified
• NDIS Screening Verified
• First Aid Verified
• CPR Verified
• Qualification Verified
• Trade Licence Verified
• or other badges introduced by At Home Concierge.

A Verification Badge represents only the particular verification process described by that badge.

A badge does not mean that At Home Concierge guarantees, recommends or endorses the Provider.

Verification may represent a point-in-time assessment. Documents can subsequently expire, be cancelled, suspended or otherwise cease to be valid.

Providers must immediately notify At Home Concierge if information supporting a Verification Badge is no longer current or accurate.

At Home Concierge may remove a Verification Badge at any time if the underlying document expires, cannot be verified, was provided fraudulently, is no longer valid, or At Home Concierge reasonably considers that displaying the badge may be misleading.

At Home Concierge may also require periodic re-verification.

10. Services requiring qualifications or licences

At Home Concierge connects Customers with a broad range of Providers, including Everyday Helpers and Providers offering services for which qualifications, licences, registrations or screening may be legally required.

Everyday assistance must not be represented as professional, clinical, medical, nursing, allied health, childcare, disability, trade or other regulated services unless the Provider is legally entitled to provide those Services.

Providers must not claim to hold qualifications, licences, registrations or certifications they do not hold.

Where a Service requires a licence, registration, qualification, insurance, screening clearance or other legal authority, the Provider is responsible for ensuring that requirement is satisfied before offering or performing the Service.

At Home Concierge may restrict particular service categories to Providers who have supplied specified credentials.

11. Customer listings

Customers must ensure that Listings:

• accurately describe the Services required;
• contain lawful requests;
• provide relevant timing and location information;
• do not contain misleading information;
• do not request Services that would require a Provider to breach the law;
• do not publicly disclose unnecessary sensitive or personal information;
• do not contain offensive, threatening, discriminatory or inappropriate material; and
• comply with Platform rules.

A Customer may edit or withdraw a Listing before accepting an Offer, subject to any limitations imposed by the Platform.

At Home Concierge may remove, restrict or refuse any Listing that breaches these Terms, presents a safety concern, appears fraudulent or is otherwise inappropriate for the Platform.

12. Offers, quotes and bookings

Providers may respond to eligible Listings by submitting an Offer or Quote.

An Offer or Quote should clearly identify the proposed price and any relevant inclusions, exclusions, timing or conditions.

Customers may compare available Providers and decide whether to accept an Offer or Quote.

When a Customer accepts an Offer or Quote and a Booking is confirmed, a separate Service Agreement is formed directly between the Customer and Provider.

At Home Concierge is not a party to the underlying Service Agreement except to the extent expressly stated in these Terms in relation to Platform services, payments or dispute assistance.

13. Service Agreement between Customer and Provider

Unless the Customer and Provider agree otherwise through the Platform, the following minimum terms apply to each Booking:

• the Provider will perform the agreed Services with due care and skill;
• the Provider will perform the Services at the agreed location and time, subject to any agreed changes;
• both parties must provide accurate information relevant to the Booking;
• the Provider warrants that they are legally entitled to perform the Services;
• the Provider must hold any licence, qualification, registration or authority legally required to perform the Services;
• the Customer must provide reasonable and safe access required for the Provider to perform the Services;
• the Customer must pay the agreed Booking Price in accordance with the Platform's payment process;
• changes to scope, price or timing should be documented through Platform messaging or Booking functionality;
• the parties must comply with applicable Australian Consumer Law and other applicable laws; and
• both parties must act reasonably in attempting to resolve disputes.

14. Payments

At Home Concierge may use third-party payment providers, including Stripe, to facilitate payments and Provider payouts.

Users may be required to agree to additional terms imposed by the applicable payment provider.

Where Platform payments are enabled, Customers must use the Platform's authorised payment process for amounts relating to a Booking unless At Home Concierge expressly permits otherwise.

At Home Concierge may arrange for payment to be authorised, collected, held or processed through its payment provider before Services commence.

Customers must provide valid payment details when a Booking is made. The card details are stored securely by Stripe, not by At Home Concierge, and no amount is charged at the time of booking.

The Booking Price is charged automatically to the Customer's saved payment method approximately 48 hours before the scheduled start of the Services. Where a Booking is made less than 48 hours before the scheduled start, the Booking Price is charged immediately.

If an automatic charge fails, the Customer and the Provider will be notified, the Booking remains in place, and the Customer must resolve the payment before the Services commence.

Funds are held by the payment provider until the Customer marks the job complete. The Customer must provide a rating of the Provider in order to mark the job complete and release the payment.

If the Customer does not close out the Booking within 3 working days of the scheduled completion of the Services, the Booking Price (less any applicable Platform Fee) will be released to the Provider automatically, unless a dispute has been raised in respect of that Booking.

Where a dispute is raised before the automatic release occurs, the funds remain held until the dispute is resolved. Raising a dispute after funds have been released does not reverse the release, and any remedy is then a matter between the Customer and the Provider, subject to any refund At Home Concierge elects to make.

Payment may be released to the Provider after completion of the Services, subject to applicable payment processing requirements, disputes, refunds, verification requirements and these Terms.

At Home Concierge does not itself operate a bank account or financial service for Users merely because a third-party payment provider processes or holds funds associated with a Booking.

15. Platform fees

At Home Concierge may charge Platform Fees in connection with Bookings or other Platform services.

The applicable fee will be disclosed to the User before the relevant Booking or transaction is confirmed.

A Provider Platform Fee may be deducted from amounts otherwise payable to the Provider.

At Home Concierge may introduce or change fees, subscriptions or optional paid features in the future.

Any new or changed fee will apply prospectively and will be disclosed before the User becomes liable to pay it.

Unless required by law or expressly stated otherwise, Platform Fees relating to services already supplied by At Home Concierge may not be refundable.

All fees will be treated for GST purposes in accordance with applicable Australian law.

16. Additional costs

Providers must disclose foreseeable additional costs associated with a Booking before the Customer accepts them wherever reasonably possible.

If unexpected materials, travel, purchases or other expenses arise, the Customer and Provider should agree to those additional costs before they are incurred.

Any change to the Booking Price should, where Platform functionality permits, be recorded through the Platform.

A Provider must not intentionally advertise an artificially low price and subsequently require undisclosed additional charges.

17. Cancellations and refunds

Customers and Providers may cancel Bookings subject to any cancellation policy displayed on the Platform at the time of Booking.

Where a Booking is cancelled before Services commence, At Home Concierge may instruct its payment provider to return eligible funds to the Customer, subject to:

• applicable Platform Fees;
• payment processing charges;
• cancellation terms disclosed at Booking;
• costs already properly incurred by the Provider;
• any dispute between the parties; and
• rights available under the Australian Consumer Law.

Where Services have already commenced, the amount payable to the Provider or refundable to the Customer may depend on the Services already performed, expenses reasonably incurred and the circumstances of cancellation.

Repeated cancellations, no-shows or misuse of the cancellation process may result in Account restrictions or suspension.

Nothing in this clause limits rights that cannot lawfully be excluded under the Australian Consumer Law.

18. Recurring services

Where available, Customers and Providers may arrange recurring Services.

Recurring arrangements may include weekly, fortnightly or other agreed schedules.

The parties are responsible for ensuring that pricing, frequency, cancellation arrangements and material changes are clearly agreed.

Customers may pause, change or cancel recurring Services subject to any applicable cancellation policy and existing confirmed Bookings.

19. Reviews and ratings

After a Booking, Customers and Providers may be permitted to leave ratings or reviews.

Reviews must:

• reflect a genuine experience;
• be honest and reasonably expressed;
• not contain knowingly false or misleading statements;
• not contain unlawful, defamatory, discriminatory, threatening or abusive material;
• not reveal another person's private information; and
• not be manipulated in exchange for payment, discounts or other benefits.

At Home Concierge may remove or moderate reviews that breach these Terms or Platform policies.

At Home Concierge does not guarantee that every review is accurate and Users should consider reviews as one factor when deciding whether to engage another User.

20. User conduct

Users must not use the Platform:

• for unlawful purposes;
• to commit or facilitate fraud;
• to harass, threaten, abuse or discriminate against another person;
• to exploit vulnerable people;
• to misrepresent identity, qualifications or experience;
• to solicit illegal Services;
• to distribute malware or malicious code;
• to interfere with Platform security;
• to obtain another User's information for unrelated commercial purposes;
• to manipulate reviews or verification systems;
• to evade legitimate Platform Fees;
• to create false Bookings;
• to misuse payment facilities; or
• in a way that creates an unreasonable safety risk.

At Home Concierge may investigate suspected breaches and may remove content, cancel Listings, restrict functionality, suspend Accounts or permanently terminate Accounts where reasonably necessary.

21. Communication and personal information

Users should use Platform messaging wherever possible when discussing a Listing or Booking.

Users should not publish unnecessary personal information in publicly visible Listings, including full residential addresses, personal phone numbers, email addresses, financial information or sensitive information.

At Home Concierge may provide necessary information to Users after a Booking where required to facilitate the Services.

Users must only use information obtained about another User for purposes connected with the relevant Listing, Booking, Service, dispute or other legitimate Platform interaction.

22. Safety

Users are responsible for considering their personal safety before meeting or engaging with another User.

Customers should consider the nature of the Services and whether particular qualifications, checks, licences, experience or insurance are appropriate.

Providers should assess whether the location, requested activity and circumstances are safe before accepting or commencing Services.

Users should immediately contact emergency services where there is an immediate risk to health or safety.

At Home Concierge may provide safety features, information or reporting mechanisms, but those measures do not eliminate the risks associated with in-person services.

23. Services for children, older people and people requiring additional support

Some Listings may involve Services provided in households containing children, older people, people recovering from illness or surgery, or people requiring additional support.

Customers must accurately describe the nature of the assistance required.

Providers must only accept Services they are competent and legally permitted to perform.

Where screening, registration, qualifications or other legal requirements apply, the Provider must satisfy those requirements before performing the relevant Services.

A Customer must not assume that an ID Verified badge means that a Provider holds a Working With Children Check, NDIS Worker Screening Check, professional qualification or other credential. Those credentials must be separately identified where verified.

At Home Concierge is not an emergency service, medical service or substitute for appropriately qualified health, nursing or professional care.

24. Insurance

Unless At Home Concierge expressly states otherwise for a particular Booking or service, At Home Concierge does not provide insurance covering Services arranged through the Platform.

Providers are responsible for determining whether they require public liability, professional indemnity, workers compensation, motor vehicle, business or other insurance for the Services they provide.

Customers should make their own enquiries regarding insurance where this is important to the Services being booked.

The display of insurance information on a Provider profile does not constitute a guarantee by At Home Concierge regarding the scope, validity or adequacy of that insurance.

25. Tax, ABN and business obligations

Providers are responsible for their own taxation, GST, business registration, ABN, reporting and regulatory obligations arising from Services performed through the Platform.

At Home Concierge does not provide tax, accounting or legal advice to Providers.

Where required by law, At Home Concierge or its payment providers may collect, retain or report information relating to transactions conducted through the Platform.

26. Third-party services

The Platform may integrate with or link to third-party services including:

• payment providers;
• identity verification providers;
• cloud storage providers;
• mapping and location services;
• communication services; and
• other technology or verification providers.

Third-party services are governed by their own terms and privacy policies.

At Home Concierge is not responsible for the independent acts or omissions of a third-party provider except to the extent liability cannot legally be excluded.

27. Content

Users retain ownership of content they upload to the Platform.

By uploading content, you grant At Home Concierge a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, display, format and use that content as reasonably necessary to operate, improve and promote the Platform.

This licence does not permit At Home Concierge to sell your Personal Information independently of the Platform.

You warrant that you have the right to upload any content you provide and that doing so does not infringe another person's rights.

28. Privacy and data collection

At Home Concierge collects and handles Personal Information in accordance with its Privacy Policy and applicable Australian privacy laws.

Information collected may include:

• name and contact information;
• Account and profile information;
• location or service-area information;
• Listings and Booking information;
• messages sent through the Platform;
• payment and transaction information;
• identity verification status;
• qualifications and credential documentation;
• reviews and ratings;
• device and technical information;
• customer support communications; and
• information reasonably required to prevent fraud, maintain safety and operate the Platform.

Certain information may be provided directly to third-party service providers, including payment and identity verification providers.

Where a User voluntarily provides documents containing sensitive information for verification purposes, At Home Concierge will handle that information in accordance with applicable privacy requirements and its Privacy Policy.

29. Location information

The Platform may use location information to show relevant Listings or Providers, calculate approximate distances or provide location-based search functionality.

Exact residential addresses should not be displayed publicly unless necessary and appropriate.

Users are responsible for ensuring they have authority to provide a service address where Services are being arranged on behalf of another person.

30. Providing services for someone else

A Customer may use At Home Concierge to arrange help for another person, such as a family member, friend or person they support.

The Customer must have appropriate authority or permission to provide information about that person and arrange access to their property where applicable.

The Customer must provide the Provider with information reasonably necessary to safely perform the Services while avoiding unnecessary disclosure of sensitive Personal Information.

Where the person receiving the Services is unable to provide consent themselves, the Customer is responsible for ensuring they have appropriate authority to arrange the Services.

31. Disputes between Users

Customers and Providers should first make a genuine attempt to resolve disputes directly and reasonably.

Communications should preferably remain within Platform messaging so there is a record of relevant discussions.

A User may refer a dispute to At Home Concierge.

At Home Concierge may, but is not obliged to:

• request information from the parties;
• review Platform communications;
• place a temporary hold on payment where technically available;
• facilitate communication;
• recommend a resolution;
• instruct a payment provider regarding funds where authorised and legally permitted; or
• take action against an Account for breach of these Terms.

At Home Concierge's involvement does not prevent either party from exercising legal rights through a court, tribunal or other applicable dispute resolution process.

32. Complaints about At Home Concierge

If you have a complaint about the Platform or At Home Concierge's services, you may contact At Home Concierge using the support or contact functionality provided on the Platform.

We will endeavour to review complaints fairly and within a reasonable period.

Nothing in these Terms prevents an Australian consumer from contacting an applicable consumer protection authority or exercising rights under the Australian Consumer Law.

33. Account suspension and termination

A User may stop using At Home Concierge and request closure of their Account.

At Home Concierge may restrict, suspend or terminate an Account where reasonably necessary, including where:

• these Terms are breached;
• information provided by the User is false or misleading;
• verification fails or is suspected to be fraudulent;
• the User creates a safety risk;
• illegal conduct is suspected;
• payment fraud or misuse occurs;
• the User repeatedly cancels confirmed Bookings;
• another person's rights are threatened;
• the Platform is being misused; or
• At Home Concierge is legally required to take action.

Where appropriate, At Home Concierge may suspend only Provider functionality while allowing Customer functionality to continue.

Termination does not automatically cancel rights or obligations arising from a Booking entered into before termination.

Clauses that by their nature are intended to continue after termination survive termination.

34. Platform availability

At Home Concierge aims to provide a reliable Platform but does not guarantee uninterrupted or error-free availability.

The Platform may occasionally be unavailable because of maintenance, updates, technical failures, third-party outages or circumstances beyond our reasonable control.

At Home Concierge may modify, discontinue or introduce Platform functionality from time to time.

35. Disclaimer regarding Users

At Home Concierge relies substantially on information provided by Users and third-party verification providers.

Except where At Home Concierge expressly verifies a particular item, At Home Concierge does not warrant the accuracy of User-provided information.

Customers remain responsible for evaluating Providers and determining whether they are appropriate for the requested Services.

Providers remain responsible for evaluating Listings and determining whether they can safely and legally provide the requested Services.

Verification Badges should be considered together with other information and should not be treated as a guarantee.

36. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law.

Where Services supplied by At Home Concierge are subject to a statutory guarantee that cannot be excluded, these Terms operate subject to that guarantee.

The Customer and Provider may also have rights and obligations toward one another under the Australian Consumer Law independently of At Home Concierge.

37. Limitation of liability

To the maximum extent permitted by law, At Home Concierge is not liable for loss or damage arising solely from:

• the acts or omissions of a Customer or Provider;
• the quality, suitability, safety or legality of Services provided by a Provider;
• inaccurate information supplied by a User;
• a User's reliance on another User's representations;
• an expired, cancelled or subsequently invalid credential;
• a transaction or arrangement entered into outside the Platform;
• a third-party service provider;
• loss caused by circumstances outside At Home Concierge's reasonable control; or
• indirect or consequential loss.

Nothing in these Terms limits liability where doing so would be unlawful.

To the extent permitted by law, where At Home Concierge's liability for its own Platform services can lawfully be limited, its liability may be limited, at At Home Concierge's option, to supplying the relevant Platform service again or paying the reasonable cost of having that service supplied again.

This clause does not exclude liability that cannot lawfully be excluded or limited.

38. Indemnity

To the extent permitted by law, a User is responsible for loss reasonably incurred by At Home Concierge arising from:

• the User's material breach of these Terms;
• unlawful conduct by the User;
• fraudulent information supplied by the User;
• infringement of another person's intellectual property or privacy rights; or
• Services performed by the User in breach of applicable law.

This clause does not require a User to indemnify At Home Concierge for loss caused by At Home Concierge's own negligence, breach of law or wrongful conduct to the extent such liability cannot lawfully be transferred.

39. Changes to these Terms

At Home Concierge may update these Terms as the Platform evolves or to reflect changes to functionality, law, payment arrangements, verification processes or business operations.

Where a change is material, At Home Concierge will take reasonable steps to notify Users, which may include notification through the Platform, email or requiring acceptance when the User next logs in.

Where consent is legally required, the amended Terms will not apply until the required consent has been obtained.

Continued use of the Platform after applicable amended Terms take effect constitutes acceptance of those Terms to the extent permitted by law.

40. Electronic communications

You consent to receiving operational communications electronically, including by email, SMS, push notification or Platform notification.

These communications may include:

• Account notices;
• Booking updates;
• messages relating to Offers and Quotes;
• payment information;
• verification updates;
• credential expiry notices;
• safety notices;
• dispute communications; and
• changes to these Terms or Platform policies.

Marketing communications will be managed separately in accordance with applicable law and your communication preferences.

41. General

If any provision of these Terms is held to be invalid or unenforceable, that provision will be severed or read down to the extent necessary and the remaining provisions will continue to apply.

Failure by At Home Concierge to immediately enforce a right does not waive that right.

At Home Concierge may assign or transfer its rights or obligations in connection with a sale, restructure or transfer of the Platform, subject to applicable law.

These Terms, together with incorporated policies, constitute the agreement between At Home Concierge and the User regarding use of the Platform.

42. Governing law

These Terms are governed by the laws of New South Wales, Australia.

Subject to any rights a consumer has to commence proceedings elsewhere, the parties submit to the jurisdiction of the courts and tribunals of New South Wales and applicable Commonwealth courts.