Terms and Conditions

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Welcome to Gladly

In using Gladly’s website and app services, you are deemed to have read and agreed to the following terms and conditions. Gladly builds technologies and services that enable people to connect with each other for informal side hustles otherwise classified as favors.

Terms

Your access and use of the Services constitute your agreement to be bound by these Terms, which establishes a contractual relationship between you, the Account Holder, and Gladly. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you.

  • Gladly may restrict you from accessing or using the Services, or any part of them, immediately, without notice, in circumstances where Gladly reasonably suspects that:
  • You or your dependents have, or are likely to, breach these Terms; and/or
  • You or your dependents do not, or are likely not to, qualify, under applicable law or the standards and policies of Gladly, to access and use the Services.

Gladly may terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof:

  • Immediately, where Gladly reasonably suspects that: 
- you or your dependents have, or are likely to, materially breach these Terms; and/or
- You or your dependents do not, or are likely not to, qualify, under applicable law or the standards and policies of Gladly, to access and use the Services; or
  • On 30 days written notice to you, where Gladly, acting reasonably, terminates these Terms or any Services for any legitimate business, legal or regulatory reason.

Without limiting its other rights under these Terms, Gladly may immediately restrict or deactivate your access to the Services if you breach these Terms or Gladly service policies at any time.

You may terminate these Terms at any time, for any reason.

Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

Gladly may amend the Terms, any policies or supplemental terms related to the Services from time to time.  Amendments will be effective upon Gladly’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting or after the expiry of the notice period (whichever is later), constitutes your consent to be bound by the Terms, as amended.

Our collection and use of personal information in connection with the Services are as provided in Gladly’s Privacy Policy. Gladly may provide to a claim's processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident involving you and a Third-Party Provider, and such information or data is necessary to resolve the complaint, dispute or conflict.

The Gladly Service

These Terms govern the supply within Australia by Gladly Pty Ltd (ACN (646 760 974) to you of assistance ‘favour (favor)’ arrangements and related services (the Service).

Your use of the Service constitutes your agreement that you for whom you arrange a ‘favour ‘such as transport or any other assistance are bound by these Terms.  If you do not agree, you may not use the Service. Gladly may amend or terminate these Terms or the Service at any time and for any reason.

Gladly is not a transportation carrier and does not provide transportation services.  All transportation and other services are provided by your friends, who are not agents of or employed by Gladly.

The Service is a technology platform that enables users of Gladly’s App, through mobile devices or on its website, to arrange assistance-related services with Third-Party Providers, and includes related services such as the use of the website, payment facilitation, associated content, and other products Gladly makes available to users.

Users Rights

Privacy: Gladly takes the privacy of Account holders and Third Party Providers very seriously.  We commit to comply with the Privacy Act 1988 (Cth) and with the Gladly Privacy Policy available on our website.  Purposes for which we collect and may use and disclose your personal information include registering and managing your account and use of the App, providing you with the Service, exercising rights and carrying out obligations under these Terms, and operating the App and the Gladly business in accordance with good business practice.

App Licence: Gladly grants you a limited, non-exclusive, revocable, non-transferable license to access and use the App and materials we provide solely in connection with your use of the Service and in accordance with these Terms.  You may not, without Gladly’s permission: modify or copy the App or Gladly materials; use the App or materials for any commercial purpose or public display; attempt to decompile or reverse engineer any software contained on the App; or replicate the App or materials on a server.

Consumer guarantees: we provide the Service subject to consumer guarantees under the Competition and Consumer Act 2010 (Cth).  Nothing in these Terms affects your statutory rights. We make no express warranties beyond these consumer guarantees.  To the extent permitted by law, our total liability for any loss or damage that you suffer or incur from using the Service is limited to us re-supplying the Service to you or refunding the Charges you have paid us for the Service to which your claim relates.

Disputes: you may raise a dispute with Gladly about any aspect of the Service arranged through the Service by contacting us on the App or via our communication channels.



Use of service

Device and network usage: Gladly does not guarantee that the Service will function on any particular hardware or devices. The Service relies on your device and its network access and may be subject to limitations and delays inherent in the use of devices and electronic communications. HERE Maps functions (for example, the speed notification function or the use of maps in general) are reliant on network access and location services and may be subject to limitations or delays depending on the use of the device or network. Your mobile network’s data and messaging fees apply.

Text Messaging and Notifications: By creating an Account, you agree that the Services may send you text (SMS) messages and notifications as part of the normal business operation of your use of the Services. You may opt out of receiving text (SMS) messages from Gladly at any time by following the directions and/or prompts within the SMS. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

User-Provided Content: Gladly may, in Gladly’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Gladly through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to Gladly, you grant Gladly a worldwide, perpetual, irrevocable, transferable, royalty-free license with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Gladly’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Gladly the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Gladly’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Code of conduct 



You agree not to provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Gladly in its sole discretion, whether or not such material may be protected by law. Gladly may, but shall not be obligated to, review, monitor, or remove User Content, at Gladly’s sole discretion and at any time and for any reason, without notice to you.

Connections 



By accepting or sending a connection request on Gladly, you acknowledge and agree that you have prior knowledge and consent to engage in mutually beneficial exchanges of favors, assistance, or other types of support between yourself and the connected individual. You further acknowledge that any such exchanges are voluntary and based on mutual trust and that Gladly shall not be liable for any disputes, losses, or damages arising from such exchanges.

Handle Reclamation

We reserve the right to reclaim, without notice, any handle that we believe, in our sole discretion, violates the intellectual property or trademark rights of any third party, including but not limited to the use of handles that contain the names of companies, celebrities, or other individuals without their express consent. We may also reclaim handles that are inactive for an extended period of time or that violate our community guidelines or other terms of service.

Username Selection and Usage

1.1 Usernames are unique to each account and are provided on a first-come, first-served basis.

1.2 Usernames must not exceed 15 characters in length.

1.3 Usernames must not contain sensitive or offensive content, including but not limited to, hate speech, discriminatory language, explicit sexual content, and violent imagery. We reserve the right to remove or alter such usernames without prior notice.

Impersonation and Misrepresentation

2.1 Impersonation or misrepresentation, such as misleading, confusing, or deceiving others through the use of a username, is strictly prohibited. Usernames must not be created in a way that suggests affiliation with or endorsement by another person, brand, or entity unless such rights have been granted.

Intellectual Property Rights

3.1 Usernames must not infringe upon any trademarks, copyrights, or other intellectual property rights.

3.2 We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claims or trademarks on those usernames.

Unauthorized Usage

4.1 Creating accounts through unauthorized means, including but not limited to using an automated device, script, bot, spider, crawler, or scraper, is prohibited.

4.2 Selling, trading, or transferring accounts or usernames to another party is not allowed without our express permission.

Enforcement

5.1 We reserve the right to force forfeiture of any username, or to suspend or terminate accounts, for any reason, including but not limited to, violation of these Terms, misrepresentation, or impersonation.

5.2 We may update these Terms at any time. Continued use of the platform following any changes to these Terms constitutes acceptance of those changes.

1. Charges and Payments

Use of the Service will result in charges to you with Third Party Providers, as notified to you on the App  (Charges). Upon completion of a favour/favor through your use of the Service, Gladly will facilitate your payment of the applicable Charges to the Third Party Provider.  Charges will be inclusive of applicable taxes. Charges paid by you are final and non-refundable unless otherwise determined by Gladly. Charges are due at the time you use the Service. Payment will be facilitated by Gladly using a payment method designated in your Account.  Disclaimers

No guarantee – Gladly does not warrant or provide any guarantees in relation to the use of the Service, the reliability of the information provided to you through the App, nor the availability or functionality of the App.  Gladly has policies as notified on the Gladly website and App designed to promote and does not guarantee quality, timeliness or safety.  You accept the risks arising out of your use of the Service to the maximum extent permitted by law.

Limitation of Liability – You agree that Gladly is not liable for: delay or inability to provide the Service due to events beyond our control, the operation and maintenance of Third Party Providers’ vehicles, the actions or inactions of Third Party Providers.

Indemnity – you are liable for and agree to indemnify Gladly against all claims, liabilities, penalties, suits and actions resulting directly or indirectly from: any information that you have provided to us being inaccurate, misleading or incomplete; your or your passenger’s breach of any law; your or your passenger’s breach of these Terms; or a misuse of the Service by you or your friends.

Governing Law – these Terms are governed by and construed in accordance with the laws of NSW, Australia, and you accept the exclusive jurisdiction of its courts.

2. Disclaimer

The materials on Gladly’s website are provided on an ‘as is’ basis. Gladly makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Further, Gladly does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

Gladly and its affiliates do not provide tax, legal or accounting advice. Any materials or content has been prepared for information only and is not intended to provide, and should not be relied on for, tax, legal or accounting advice. You should consult your own tax, legal and accounting advisors before engaging in any transaction.

3. Payments

You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers or any other codes that you use to access your Gladly account and the Gladly services. You must keep your email address and other contact information current in your Gladly account profile.

Your account is for personal, domestic, or household purposes only. Deposits and withdrawals from a Personal Account can be made via a linked bank account or debit and credit cards via various payment channels or via the account holder’s stored Gladly balance.

This product has been designed for individuals who are able to pay the transaction amount and any associated transaction fees or charges

4. Limitations

In no event shall Gladly or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit or due to business interruption) arising out of the use or inability to use the materials on Gladly’s website, even if Gladly or a Gladly authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Accuracy of materials

The materials appearing on Gladly’s website could include technical, typographical, or photographic errors. Gladly does not warrant that any of the materials on its website are accurate, complete or current. Gladly may make changes to the materials contained on its website at any time without notice. However, Gladly does not make any commitment to update the materials.

6. Links

Gladly has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Gladly of the site. Use of any such linked website is at the user’s own risk.

7. Modifications

Gladly may revise these terms of service for its website at any time without notice. By using this website, you are agreeing to be bound by the then current version of these terms of service.

8. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Australia, and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.