Effective date: 14th November 2022
These Terms of Use (“Terms”, “Terms of Use” or “Terms of Use of Wileo Platform”) contain your legal rights, remedies,
and obligations, and is a binding legal agreement between Wileo Pty Limited (trading as Wileo Consulting) (“Wileo”,
“Wileo Consulting”, “we”, “us” or “our”) and you (“you”, “your” or “User”). We offer a work marketplace: an online
platform for Users to find each other and promote building working relationships (“Wileo Platform” or “Platform”).
You must read, agree with and accept these Terms as it explains the terms and conditions guiding your usage of Wileo’s
website located at www.wileo.com (“Website”), its marketplace, application,
technologies, tools, including any content, databases, materials, features, forums, functionality and services made
available to you through or in connection with the Platform (collectively, “Services”). These Terms apply to all
visitors, Users, and others who wish to access or use our Services.
You understand that by accessing the Website or engaging with our Services, you agree to be bound by all agreements
which constitute Wileo’s Terms of Use, and you agree that the “Terms of Use” means every agreement linked herein and
includes the Privacy Policy.
We reserve the right, at our sole discretion, to amend, change, modify, revise or
replace the terms and conditions of these Terms at any time by posting revised terms on www.wileo.com/legal specifying its effective date.
By continuing to access or use our Services after any revisions become effective, you
agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorised to use the
Service. You are responsible for reviewing these Terms for any changes, so please check back here every time you use
the Services.
If you do not agree to the terms and conditions now provided, or as may be provided by
way of revision, in these terms, you may not
(a) access or use Wileo Platform,
(b) sign up or create an account on Wileo platform,
(c) click to accept these terms,
(d) visit the website, or otherwise,
(e) use our services.
1.1.1. Our mission is to bridge the gap between individuals and organizations looking to engage in temporary independent contract assignments in the domain of strategic consulting, engineering, project management, and market research services by bringing them together on Wileo Platform.
1.1.2. These Terms apply to all Users of Wileo Platform. Clients can either work with Consultants registered on Wileo Platform or directly hire Wileo for a Project. All Clients and Consultants on the Platform are thoroughly vetted and Wileo takes care of the contracts, billing, and payment in return for commission.
1.1.3. These Terms, along with other agreements referenced herein, constitute complete, final, and exclusive embodiment of the entire agreement between You and Wileo, unless specified otherwise.
1.2.1. “Client” means any authorised User of the Website or Services that utilises the Platform to seek or obtain Contract Services, including from Consultant or Wileo.
1.2.2. “Consultant” means any authorised User of the Website or Services that utilises the Platform to advertise, provide, or receive payment for the provision of Contract Services, either directly to Clients or to Wileo.
1.2.3. “Consultant-Client Contract” means a Project entered into between Consultant and Client on Wileo Platform.
1.2.4. “Contract Services” means tasks performed or services delivered by
(a) Consultant under Consultant-Client Contract, or
(b) Wileo under Wileo Contract.
1.2.5. “Contract Services Fee” means the fees payable by the Client for performance of Contract Services.
1.2.6. “Escrow Account” has the meaning as provided in Payment Terms & Escrow Services.
1.2.7. “Insurance” has the meaning as provided in Platform Fees, Insurance & Taxes.
1.2.8. “Payment Method” has the meaning as provided in Payment Terms & Escrow Services.
1.2.9. “Platform Fees” has the meaning as provided in Platform Fees, Insurance & Taxes.
1.2.10. “Project” means a project posted by Client or as may be entered into in the form of a Consultant-Client Contract or Wileo Contract on Wileo Platform.
1.2.11. “User” means any user registered on Wileo Platform, whether a Client or Consultant or both.
1.2.12. “Wileo Contract” means a Project entered into between Wileo and Client on Wileo Platform.
1.3.1. Wileo and its licensors reserve all rights, including but not limited to intellectual property rights, in and to Wileo Platform.
1.3.2. Wileo reserves the right to change Wileo Platform at any time in Wileo’s sole and absolute discretion.
1.1 In order to access the Services provided by Wileo, registering on Wileo Platform is a must. In registering for an Account, you confirm your authority to register and agree to these Terms on behalf of the Client, Consultant or account holder, as the case may be. Anyone acting on behalf of a legal person (i.e. entity) must have sufficient authority to bind said legal person to these Terms (in which case the term “you” throughout these Terms will refer to such entity).
1.2 To be eligible for an Account, you must be an individual, resident in or citizen of Australia, or a company or association registered or operating under the applicable laws of Australia. By signing up on the Platform, you warrant to Wileo that you:
2.1 We may require you to provide documentary evidence of your identity (including government-issued identification documents, or tax information). You authorise Wileo to verify the authenticity of this information, including by disclosing it to third-party identity verification services.
2.2 Wileo reserves the right to validate your information at any time. Wileo reserves the right, directly or indirectly through third parties, to make any inquiries necessary to validate your identity and confirm your ownership of email address and/or financial instrument(s). Failure to provide such information is a breach of these Terms. If Wileo is not reasonably satisfied as to your identity, we may immediately suspend or terminate your Account.
2.3 If you are a Consultant, you shall be required to submit to us sufficient proof of your qualifications, certifications and degrees that you claim to possess in your profile description. If we find any statement made therein to be doubtful, we shall refuse registration of your Account, either with or without a reason.
2.4 Wileo is not responsible for ensuring and maintaining the secrecy and security of your password related to your Account. This is your sole responsibility. You agree not to disclose the password to any third party and shall be solely responsible for any use of or action that is taken through the use of such password on the Platform. You must notify Wileo Support at support@wileo.com immediately if you suspect that your account password has been lost or stolen.
Wileo allows Consultants to connect with Clients to undertake Projects on the Platform. We facilitate Consultant-Client Contracts in the form of fixed-price escrow contracts, payable in full at the completion of the Project or in parts at such milestones as may be agreed.
Wileo may offer Contract Services to the Client for complex and long-term Projects to be undertaken with a team of Consultants registered on the Platform. Wileo Contracts may be fixed-price escrow contracts between the Client and Wileo governed by these Terms. Any hourly contracts agreed to between Wileo and Client shall be subject to separate agreement and shall not fall under the scope of these Terms.
1.1 Prior to the commencement of a Project, whether in the form of a Wileo Contract or Consultant-Client Contract, the concerned parties shall agree to its terms.
1.2 The Wileo Contract or Consultant-Client Contract shall describe in reasonable detail the Contract Services (including functionality, technology requirements, etc.) to be delivered to the Client, the duration of the Project, specifications and description provided in the “Workspace” and any information or documents shared or agreement arrived at under “Project Files” on the Wileo Platform, milestones (if any), Contract Services Fee, and other relevant information.
1.3 The terms of any Wileo Contract or Consultant-Client Contract or any other agreement concerning the Project entered on the Platform shall be supplementary and in addition to these Terms of Use and nothing contained therein shall be inconsistent with these Terms of Use.
2.1 We will hold Contract Services Fee for the Project in Escrow Account once the Client accepts the offer made by Wileo or Consultant, as the case may be.
2.2 Wileo or Consultant, as the case may be, shall be paid the Contract Services Fee from the Escrow Account as per the terms specified in the Wileo Contract / Consultant-Client Contract and shall be subject to Payment Terms and Escrow Services. The terms of Wileo Contract or Consultant-Client Contract may also set out all expenses, taxes, fees and other applicable charges.
2.3 The payment for Contract Services Fee shall be released from the Escrow Account in the manner provided in Payment Terms and Escrow Services and Dispute Assistance Program after due deduction of applicable Commission and Insurance Premium.
3.1 Under a Consultant-Client Contract –
3.2 Under a Wileo Contract where Wileo engages a Consultant
1.1 You are expected to conduct yourself in a consistent and high level of courtesy, respect, and professionalism. You will use good judgement when posting information, comments, feedback, potential projects or other content (collectively, “Content”) anywhere within the Wileo Platform, including Content regarding other projects, Users, Wileo or any third party.
1.2 All Content posted on Wileo Platform must be in plain English, of a professional nature, free of offensive language and free of advertisements for any other products or services. The Content must not request or offer a service that is against applicable law, including but not limited to violations of intellectual property rights. Content related to creation of adult or explicit content is prohibited. The Content must not contain any information enabling or requesting contact or payment outside of Wileo Platform.
1.3 When you post or give us Content for posting on (or through) the Platform, you agree that you’re completely responsible for such Content and we’re not. You also agree to only post or give us content that –
2.1 You acknowledge and agree that you alone are responsible for any harm caused to anyone by your Content – not Wileo – and that you will compensate and defend us, our partners, employees and representatives against any claims, costs, damage, loss, liability or legal or government action, including any breach of intellectual property rights, that arise in connection with your Content.
2.2 We’re not responsible for the accuracy or reliability of any Content shared by other people on our Platform, unless they’re officially working for us when they share or post the Content. Any Content shared by a person represents the views of that person sharing it, and not Wileo’s.
3.1 Whenever you post Content on our Platform, you grant to us an unconditional, perpetual, world-wide, irrevocable, fully paid and royalty free licence and right to use, display, copy, modify, adapt, reproduce, commercialise, prepare derivative works, display and publish such Content and all intellectual property forming part thereof, for any purpose. If your name, voice and image appear in such Content you post, we also might use those on the Platform or in our day-to-day business. For example, if you’re a Consultant, we might share your profile with Clients we think could be a good match.
3.2 We might show ads near your Content and information, without compensating you. Depending on choices you make in your profile, we might also include your name or photo when promoting one of our features.
3.3 You also give each User and visitor on the Platform the right to access and use your Content through the Platform. They also have the right to use, copy and share your Content – as long as they do it through the Platform, and follow both our Terms of Use and the law.
4.1 If Wileo considers that any Content on the Platform is unreliable or inaccurate, it may, in its sole election:
4.2 We may remove any Content if we consider, acting reasonably, that –
4.3 Notwithstanding the foregoing, we do not, nor are we under any obligation or duty to you or anyone else to monitor, consider, evaluate, assess, review, screen, censor or remove any Content. We do not have (and expressly disclaim) any liability in connection with:
We always strive hard to provide the best experience to our Users. Our Platform and Services are made to be used for business, not for personal or consumer use. We do not tolerate any act or conduct on your part that disrupts or interferes or attempts to disrupt or interfere with the delivery of our Services or the services of our partners and clients.
1.1 You shall not offer, share, support or try to find anything on the Website that:
1.2 You cannot use Wileo to:
1.3 You Shall not misrepresent yourself, your experience, skills or professional qualifications, or that of others. This includes:
1.4 Similarly, you must always be honest about who’s doing the work. That means you cannot:
2.1 We are particularly invested in avoiding fraud and misrepresentations when it comes to payments. This means:
Consultants must not fraudulently charge a Client in any way, including by:
Clients must not engage in fraud related to payments, including by:
2.2 We cannot allow you to abuse our feedback system. That means you must not:
3.1 You cannot interfere with our technology or tamper with our Website or Services. That means you must not:
3.2 You must not copy, share or give away your Account. You must not have multiple accounts and you must not license, sell, rent, lease, trade, transfer, timeshare or otherwise give your Account to anyone else.
1.1 For so long as –
you must not –
1.2 This means that you must use our Services as your exclusive method to engage with that Client or Consultant unless –
1.3 Any breach of the restraint provided in this Section will result in termination of your Account on Wileo Platform and we reserve the right to take legal action against you.
2.1 The restraint in Section 7.1 (Operation of Restraint) does not apply where Wileo agrees to waive it. As a condition of waiving the restraint, Wileo may require the party requesting the waiver to pay a conversion fee (“Conversion Fee”).
2.2 This Conversion Fee shall be subject to determination by Wileo on a case-by-case basis (or as otherwise agreed in writing between Wileo and the Client/Consultant). With the high caliber of consultation opportunities available for Clients and Consultants on the Platform and the nature of Services provided by Wileo, you accept and acknowledge that Conversion Fee charged by Wileo is reasonable in every respect.
1.1 Without limiting Wileo’s other rights or remedies, any failure to comply with these Terms of Use constitutes a violation of its terms and conditions, and will entitle Wileo in taking all or any of the following actions:
1.2 In addition, Wileo reserves the right to suspend your profile or cancel your registration as a Consultant or Client, at any time, on forming a view in its absolute discretion that Wileo’s brand, operations (including the Website, Platform, or community forum) or business (including its Client’s, partner’s or affiliate’s business) may be adversely affected or harmed as a result of your continued registration as a Consultant or Client.
1.3 Upon termination you must cease using the Platform and Website. If your Account is temporarily or permanently closed, you shall not use the Platform under a different Account or re-register for a new Account without Wileo’s prior written consent. If you attempt to use the Platform under a different Account, we reserve the right to reclaim available funds in that Account to pay for any amounts owed by you to the extent permitted by applicable law.
1.4 The actions described in this Section 8.1 (Action against Breach of these Terms of Use) are not limited, and we may take any other action we reasonably deem appropriate.
2.1 You may terminate these Terms of Use at any time and without explanation by choosing to close your Account from your Account settings. You understand and acknowledge that you will not be allowed to use or access our Services upon termination of these Terms of Use, including posting or working on Projects over the Platform.
2.2 If you attempt to terminate these Terms while having one or more open Projects, you agree
(a) you will instruct Wileo to close any such open Consultant-Client Contracts or Wileo Contracts linked to your Account;
(b) you will continue to be bound by these Terms of Use until all such Projects have closed on the Platform and your access to the Platform has been terminated;
(c) Wileo will continue to perform such Services necessary to complete any open transaction between you and another User; and
(d) you will continue to be obligated to pay any amounts accrued but unpaid as of the date of termination or as of the closure of any open Consultant-Client Contracts or Wileo Contracts, whichever is later, to Wileo for any Services or such other amounts owed under these Terms of Use and to Wileo or any Consultants for any Contract Services.
2.3 If we hold any funds in Escrow Account to which you are entitled to as of the date of termination of Terms of Use, we will process the same to your designated Payment Method within seven (7) business days from the date of such termination.
2.4 In the event you terminate these Terms of Use as provided in Section 8.2 (Voluntary Termination), your right to use the Services is automatically revoked, and your Account will be closed.
3.1 You acknowledge and agree that the value, reputation, and goodwill of the Platform depends on transparency of a User’s Account status to all other Users, including Users who have entered into Projects with you. You therefore agree that: if Wileo decides to temporarily or permanently close your Account, Wileo has the right (but no obligation) where allowed by law to:
3.2 You agree that Wileo will have no liability arising from or relating to any notice that it may or may not provide to any User regarding closed Account status of your Account or the reason(s) for the closure.
Except as otherwise required by law, if your Account is closed, you will no longer have access to information or material you kept on the Website and any content stored in your Account may be deleted, for which Wileo expressly disclaims liability. Wileo may retain some or all of your Account information as permitted or required by law and the Privacy Policy.
5.1 We have the right to look into any potential violations of these Terms of Use, and might decide to pause, change or take away any content from our Website when we do.
5.2 We can’t guarantee that we’ll take action against every potential violation under Section 8.1 (Action against Breach of these Terms of Use), but just because we don’t take action against one breach doesn’t waive our right to take action against any future breaches, whether they’re related to the first breach or not.
5.3 If we do suspect rule-breaking, we can stop you from using our Platform at any time. If we disable or close your Account, you won’t be able to use any of our Services, but these things will stay in place:
After these Terms of Use terminate, the terms and conditions of these Terms of Use that expressly or by its nature contemplates performance after these Terms of Use terminate or expire will survive and continue in full force and effect. For example, the provisions related to audits, intellectual property, confidentiality, restraint on contracting outside of the Platform, indemnity, liability, and jurisdiction each contemplate performance or observance after these Terms of Use terminate. The termination of these Terms of Use for any reason will not release you or Wileo from any obligations incurred prior to termination of these Terms of Use or that may accrue related to any act or omission prior to such termination.
We own or are licensed to use all intellectual property in the Website and Platform, with the exception of Content posted by users in terms of Section 5 (User Content), which shall remain your intellectual property but which you licence to us in accordance with the licence provided in Section 5.3 (License and Right to Use).
You may not use any of our intellectual property for any purpose other than as may be required to use our Services as permitted.
Your registration on the Platform and use of the Services is conditional upon you agreeing and complying with our Privacy Policy. The Website and Platform can provide intended Services to Users only by using personal information in the manner contemplated in the Privacy Policy, and we may collect, use and disclose your personal information for the purposes described in it.
If you do not agree to us collecting, using or disclosing your personal information in the manner contemplated by these Terms of Use and our Privacy Policy, you must not use the Website.
If you intend to post any personal information on the Website that relates to a third party (including their name, email address or phone number), you must obtain their consent before doing so.
We will solicit your feedback to assist us in making improvements to the functioning of the Website. We may also send you emails about our Services and opportunities or profiles that may be of interest to you. You may elect not to receive certain types of notifications from us.
If you have any questions or concerns relating to privacy, please contact us in accordance with the process and procedure set out in the Privacy Policy.
1.1 Although Wileo takes care to ensure otherwise, Wileo does not guarantee that:
1.2 Except as imposed by statute, in no event will Wileo (and its affiliates, officers, employees, agents, representatives and third party service providers) be liable to you or any third party for any direct, indirect or consequential loss, damage, costs, or expenses suffered by you in connection with your use of the Website, your reliance on any information found on the Website, any technical failures, delays in operation or transmission or malfunctions of the Website, loss of profits, sales or business, loss of anticipated savings, loss of use or corruption of software, data or information, work stoppage or any consequential, incidental, special, punitive, or exemplary damages arising out of or related to the transactions contemplated under these Terms of Use, even if apprised of the likelihood of such losses.
1.3 If any remedies are implied by law that cannot be excluded, then to the maximum extent permitted by law, our liability for breach of such warranties is limited to, at our option, the supply of the services again or the payment of the cost of having the services supplied again.
The limitations provided in Section 14.1 (Limitations of Liability) will apply to any liability arising from any cause of action whatsoever under or in connection with these Terms of Use, whether in contract, tort (including negligence), strict liability, or otherwise, even if Wileo has been advised of the possibility of such costs or damages and even if the limited remedies provided herein fail of their essential purpose.
Important: Nothing in these Terms of Use limits in any way Wileo’s liability for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability, including under the Competition and Consumer Act 2010 (Cth), the statutory consumer guarantees under the Australian Consumer Law, or similar laws in the States and Territories of Australia.
1. Wileo is obliged to offer its Services to you and give you access to the Website. We shall make our best endeavours to ensure our Services are safe and working as they should, but we do not guarantee its continuous availability. We provide the Service on an ‘as is’ and ‘as available’ basis and expressly disclaim all warranties of any kind, whether express or implied, with respect to the records and other data that is made available by it to you. The Website may undergo constant changes and developments, resultant which we might stop providing certain features on the Platform or the Services completely, and shall have no obligation to give notice if we do.
2. You’re free to access our Website or avail our Services (limited licence) as long as you follow these Terms of Use. Wileo provides no legal advice or guarantees as to the suitability of these Terms of Use for your particular situation and recommends you seek your own legal advice regarding them.
3. Users understand and acknowledge that using the Website and Services requires internet connectivity and telecommunication links. You agree to bear the costs to access and use the Website and avail Services, and Wileo shall not, under any circumstances whatsoever, be responsible or liable for such costs.
4. Wileo is not an agent for any Consultant or Client.
5. You understand and agree that:
(a) Wileo will not assume any liability with respect to the interactions between Clients and Consultants, and
(b) the knowledge, opinions or Content of Consultants or Clients is not ours, and we do not endorse them or any other information provided by any User.
6. You agree that Wileo is under no responsibility to cover any shortfall in any deliverable or payment in respect of any Project, whether to the Client or the Consultant. Clients should be aware that they may not obtain the right to use any intellectual property provided by Consultant, or Wileo, as the case may be, that may be assigned to the Client in terms of the Consultant-Client Contract or Wileo Contract, until payment is received by the Consultant or Wileo, as applicable.
7. Wileo does not warrant that we will preserve or maintain Client’s or Consultant’s information without loss. You are solely responsible for creation, storage, and backup of your business records. You agree that Wileo has no obligation to store, maintain or provide you a copy of any Content or information that you provide, except to the extent required by applicable law.
8. To the extent permitted by law, Wileo shall not be liable for delays, interruptions, service failures or other problems inherent in the use of the internet and electronic communications or other systems outside the reasonable control of Wileo.
9. You shall be solely responsible for any damage to your data system or for loss of data arising from download of any form of content from the Website. No guidance or information, written or oral, obtained from Wileo shall constitute any warranty, unless stated otherwise.
10. Wileo does not warrant that the Website will be compatible with all hardware and software which may be used by you to avail our Services.
11. Wileo makes no representations that the Platform or Services are appropriate or available for use outside of Australia. Those who access or use the Platform from other jurisdictions do so at their own risk and are entirely responsible for compliance with all applicable laws and regulations, both in Australia and abroad.
1.1 Wileo may need to provide you with certain communications, notices, agreements, statements or disclosures in writing regarding our Services.
1.2 All such communications, notices, agreements, statements or disclosures to you required by these Terms of Use will be made via email by Wileo to your registered email address. Users are solely responsible for maintaining a current, active email address registered with Wileo, for checking their registered email address and for responding to notices sent by Wileo to the User’s registered email address.
2.1 These Terms of Use shall be governed by and construed in accordance with the laws of the state of Western Australia.
2.2 Our goal is to resolve any dispute that may arise between you and Wileo in a quick and cost-effective manner. Accordingly, you and Wileo agree to resolve any and all claims, disputes, or controversies that arise out of or relate to
(a) these Terms of Use,
(b) your relationship with Wileo,
(c) the termination of your relationship with Wileo, or
(d) the Services (each a “Claim” and collectively, “Claims”) by bringing appropriate civil or criminal action, as may be applicable, before the courts of Perth, Western Australia. You irrevocably agree that the courts of Perth, Western Australia shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms of Use or its subject matter or formation (including non-contractual disputes or claims).
2.3 Before issuing a summon to Wileo from the court for a Claim, you and Wileo agree to first notify each other of the Claim. You agree to notify Wileo of the Claim by email to support@wileo.com, and Wileo agrees to provide to you a notice in terms of Section 17.1 (in each case, a “Notice”). You and Wileo then will seek informal voluntary resolution of the Claim. Any Notice must include pertinent Account information of the User, a brief description of the Claim, and contact information, so that you or Wileo, as applicable, may evaluate the Claim and attempt to informally resolve it. Both you and Wileo will have sixty (60) days from the date of the receipt of the Notice to informally resolve the other party’s Claim and avoid the need for further action.
3.1. Wileo may at any time novate, assign, transfer, mortgage, charge or deal in any other way with these Terms of Use (or part thereof) or grant or confer the benefit of any right arising under these Terms of Use.
3.2 You shall not assign your rights under these Terms of Use without Wileo’s prior written consent.
Nothing contained in these Terms of Use creates an agency, partnership, joint venture or employment relationship between Wileo and you or any of Wileo or your respective officers, employees, agents or contractors.
If a particular term of these Site Terms is not enforceable, it should be modified so as to be enforceable, but regardless will not affect any other terms.
Unless otherwise agreed in writing, these Terms of Use embody the entire understanding and agreement between the parties as to its subject matter.
(Definitions incorporated in the Terms of Use shall form part herein as is.)
Last Update: 10th November 2022
At Wileo, we believe in being as transparent as possible about the way we do business. All of our fees and charges are clearly explained and laid out so you know exactly how much you are paying, and what you are paying for, at all times. If you have questions about any of the fees you are charged or how we get you insured, please reach out to us at contact@wileo.com and one of our team members will be happy to assist you.
Your agreement with Terms of Use of Wileo Platform shall be deemed as your acceptance of these Fees, Insurance & General Terms.
Wileo charges a service fee (“Platform Fees”) to the Client upfront over and above the Contract Services Fee payable to the Consultant or Wileo for every Project undertaken through the Platform.
Example 1
You hire Wileo / Consultant on the Platform for a fixed-price contract of AUD 1000, where the Contract Services Fee may be agreed to be payable at its closure or in several parts at the completion of each agreed milestone. Our Platform Fees payable by the Client at the time of entering the Project will be AUD 1000 x 10% =AUD 100.
This Platform Fees is in addition to the applicable Insurance charges for the professional liability insurance and public liability protection Wileo secures for itself and offers to the Consultant for Projects undertaken through the Platform and is charged to the Client in terms of Section 3.2 below.
3.1 Disclaimer
Section 3 (Professional and General Liability Insurance) is merely a summary of the professional indemnity and public & products liability insurance policy held by Wileo (“Insurance Policy”). Nothing set out in this Section 3 should be understood to be an express or implied condition or exclusion that forms part of the terms and conditions of the Insurance Policy or be relied upon in the event of an Insurance claim. Please contact us for access to the Insurance Policy and/or policy schedule for information as to the terms, conditions, exclusions, and any specific coverage afforded by the insurer in the event of an incident, occurrence, or claim. Please also note that each claim may be subject to an excess payable by the Consultant – full details of the Insurance Policy, its coverage, and exclusions including the applicable excess details are available on request by the Consultant.
3.2 Insurance
Wileo, through its insurance partner, is covered by and offers to the Consultants, professional liability insurance and general liability protection, including under the following classes and subject to such limitations, terms and conditions as may be stipulated by Wileo’s insurance partner in the Insurance Policy, for engaging through the Platform in any (a) Consultant-Client Contract, and (b) Wileo Contract (“Insurance”):
3.3 Insurance Charges
To get the Consultant covered under Insurance, Wileo charges a percentage of the Contract Services Fee to the Client towards insurance charges.
3.4 Conduct
Consultants are expected to adhere to the terms provided in these Terms of Use to avail protection under Insurance. Any deviation from the following conduct shall entitle Wileo and its insurance partner to reject Consultant’s claim for Insurance with no exception whatsoever –
4.1 Tax on Platform Fees
Wileo collects sales tax and other levies on the Platform Fees you pay to us. Sales tax, as more particularly called Goods and Services Tax (“GST”) under the applicable laws of Australia, is a tax imposed on the sale of goods and services. In such an instance, any amount Wileo charges as Platform Fees will also be subject to applicable sales tax at such prevalent rates as may be prescribed under applicable law.
4.2 Tax on Contract Services Fee
Wileo does not collect or report sales tax on Contract Services Fee paid to the Consultant. If such fees are subject to sales tax, the Consultant is responsible for collecting and paying the applicable sales tax to their tax jurisdiction. Conversely, Wileo will collect and report sales tax on Contract Services Fee paid by a Client to Wileo under a Wileo Contract.
4.3 Tax on Insurance charges
The charges we collect from you towards Insurance may or may not be subject to sales tax. Wileo reserves to recover taxes from you only on the basis of the sales tax rate charged to Wileo from its insurance partner.
4.4 General
4.4.1. Wileo cannot be obligated or held responsible in any way regarding your duty to determine any taxes applicable, including the obligation to collect, report or remit any kind of applicable tax payments. You hereby agree and accept to defend and indemnify Wileo against any and all such contributions or taxes, including all associated interests and penalties incurred by Wileo as a result of your failure to comply with tax filing or payment obligations.
4.4.2. Wileo shall not and cannot accept the responsibility to determine the best ways for issuing any formal invoices, or for withholding, remitting or determining any taxes applicable to a Consultant’s Contract Services Fee charged to Clients. Our systems generate automated and standard invoices for all Clients regardless of the jurisdiction they are based in.
4.4.3. Specifically, you acknowledge and agree that you are solely responsible:
4.4.4. In the event of an audit of Wileo, if you are a Consultant, you agree to promptly cooperate with Wileo and provide copies of your tax returns and other documents as may be reasonably requested for purposes of such audit, including but not limited to records showing that you are engaging in an independent business as represented to Wileo.
4.4.5. Wileo Users (Clients and Consultants) are solely responsible for creating and maintaining records to document satisfaction of their respective obligations under these Terms of Use, including, without limitation, their respective payment obligations and compliance with tax and employment laws.
(Definitions incorporated in the Terms of Use shall form part herein as is.)
Last Update: 7th November 2022
These Payment Terms & Escrow Services form an integral part of Terms of Use of Wileo Platform. It describes how payments occur on Projects undertaken through Wileo Platform.
Your agreement with Terms of Use of Wileo Platform shall be deemed as your acceptance of these Payment Terms & Escrow Services.
Wileo, in partnership with Stripe, provides escrow services to deliver, hold, and receive payment of Contract Services Fee for a Project (“Escrow Services”). These Escrow Services will be available for Projects with limited risks (of Project value up to AUD 5000) and timelines of not more than six months. However, any payment charged to the Client towards Platform Fees and Insurance Premium for extending Insurance protection to the Consultant / Wileo does not form part of the Escrow Services and is not reimbursable or payable to the Client or Consultant in any scenario.
1.1 Escrow Account
1.1.1. Wileo maintains an Escrow Account in order to
(a) receive from Client agreed Contract Services Fee for Projects to be held in escrow,
(b) withdraw payments for itself or transfer to the Consultant upon completion of the Project or any milestone, and
(c) issue refunds to Client, if applicable (“Escrow Account”).
1.1.2. Wileo will use and release funds deposited in Escrow Account only in accordance with these Payment Terms & Escrow Services, Terms of Use of Wileo Platform, and the law.
1.1.3. Where the Consultant-Client Contract or Wileo Contract is agreed to be entered into, the Client shall pay the agreed Contract Services Fee for the Project to be held in Escrow Account. The payments will be released from Escrow Account to be received by Wileo or Consultant as Contract Services Fee for the Project or for issuing refunds to the Client, as the case may be.
1.2 Escrow Authorization
1.2.1 You authorise Wileo to transact funds held in the Escrow Account in accordance with these Payment Terms & Escrow Services.
1.2.2 You authorise Wileo to save your Payment Method in your Account. We use these details to transact funds to and from your credit card or bank account linked with your Account on the Platform.
For example:
1.3 Escrow Agent
You hereby authorize and instruct Wileo to act as your escrow agent in connection with the Escrow Account and the payment, holding, and receipt of funds for each Project and other specified purposes in accordance with these Payment Terms & Escrow Services and Terms of Use of Wileo Platform. Client and Consultant may access current information on the Platform regarding the status of the Escrow Account for any given Project they are part of.
1.3.1. Wileo’s Duties as Escrow Agent
We only agree to perform such duties in association with Escrow Services as are expressly set forth in these Payment Terms & Escrow Services and Terms of Use of Wileo Platform and no other duties will be implied. We have no liability under, and no duty to inquire as to, the provisions of any agreement, other than the Terms of Use of Wileo Platform. We will be under no duty to inquire about or investigate any agreement or communication between Client and Consultant, even if posted on Wileo Platform. We have the right to rely upon, and will not be liable for relying on, any written notice, instruction, or request furnished to us by Client or Consultant in accordance with these Payment Terms & Escrow Services, if we reasonably believe that such notice, instruction, or request is genuine and that it is signed or presented by the proper party or parties. We have no duty to inquire about or investigate the validity, accuracy, or content of any such notice, instruction, or request. We may execute any of our powers and perform any of our duties under these Payment Terms & Escrow Services or Terms of Use of Wileo Platform directly or through agents or attorneys (and will be liable only for the careful selection of any such agent or attorney). If we are uncertain as to our duties or rights under these Payment Terms & Escrow Services or receive instructions, claims, or demands from any affected party that, in our opinion, conflict with any of the provisions of these Payment Terms & Escrow Services or Terms of Use of Wileo Platform, we will be entitled to refrain from taking any action, and our sole obligation will be to keep safely all property held in the Escrow Account until we are directed otherwise in writing by Client or Consultant involved, or by a final order or judgment of an arbitrator or court of competent jurisdiction.
1.3.2. Wileo’s Rights as Escrow Agent
We have the right to institute arbitration or other legal proceedings if applicable, including depositing funds held in the Escrow Account with a court of competent jurisdiction, in order to resolve any dispute related to the Escrow Account.
1.3.3. Transfer of Agency Rights
Any entity, company or association into which Wileo may be merged or converted or with which Wileo may be consolidated, or any entity, company or association to which all or substantially all the escrow agency business of Wileo may be transferred will succeed to all the rights and obligations of Wileo as escrow holder and escrow agent under these Payment Terms & Escrow Services to the extent permitted by applicable law.
2.1 Payment Method
2.1.1. To make and receive payments for Projects undertaken on Wileo Platform, you authorize Wileo or its payments partner to store credit card and banking or other financial details as your method of payment consistent with our Privacy Policy (“Payment Method”).
2.1.2. Once the Consultant makes an offer on the Project, he agrees to be bound by the terms contained in these Payment Terms & Escrow Services. Similarly, once Client accepts the offer on a Project, the terms contained in these Payment Terms & Escrow Services become agreeable to the Client.
2.1.3. Client becomes obligated to pay applicable Platform Fees, Insurance Premium and deposit agreed Contract Services Fee into Escrow Account immediately upon accepting an offer for a Project.
2.2 Release of Funds from Escrow Account
Payment of Contract Services Fee for a Project held in Escrow Account shall be released on the occurrence of any of the following conditions, such authorization and instruction to be irrevocable except as expressly provided in these Payment Terms & Escrow Services or Terms of Use of Wileo Platform:
Wileo will refund payments to the Client on the occurrence of any of the following conditions, whereby authorizations and instructions given to Wileo as under shall be irrevocable:
2.4 Change in Payment Method
You may update your Payment Method in your Account or by contacting us. If you are a Consultant, we may take up to five (5) business days to update your new Payment Method with our payment partners. In consequence, any payments that become due to you within five (5) business days of such update shall be transferred to your previous Payment Method, unless you instruct us otherwise. However, we assume no responsibility for our failure to adhere to these timelines.
2.5 Transaction History
You may view history of all financial transactions from your Account and are solely responsible for promptly reconciling your Account transaction history with the transaction records for your select Payment Method. You must notify us of any errors or discrepancies in your Account transaction history (each, an “Error”) within thirty (30) days of when the Error could be viewed in your Account transaction history on the Platform. If you do not notify us of the Error within thirty (30) days, you will forfeit the right to contest the Error, except to the extent such forfeiture is prohibited by applicable law. Subject to the foregoing notice: (a) if and to the extent an Error is caused by us, we will correct the Error, and (b) if an Error is caused by you, we may, but are under no obligation to, attempt to correct the Error and will offset any costs we incur from any funds returned to your Payment Method.
2.6 Instructions Irrevocable
2.6.1. Client and Consultant are deemed to and hereby agree that the instruction to Wileo and its payment and escrow partner to release funds is irrevocable, except as explicitly provided in these Payment Terms & Escrow Services.
2.6.2. Client’s instruction to Wileo in terms of these Payment Terms & Escrow Services to release payment to Consultant is irrevocable. Such instruction is Client’s authorization to transfer funds from Escrow Account to the Consultant’s Payment Method. Such instruction is also Client’s representation that Client has received, inspected, and accepted the subject work or expense. Client acknowledges and agrees that upon Client’s failure to give instruction to release payment to the Consultant within such timelines as provided in Section 2.2 (Release of Funds from Escrow Account), Wileo will transfer funds to the Consultant and that Wileo has no responsibility to and may not be able to recover such funds from Consultant thereafter.
2.6.3. Consultant’s instruction to Wileo in terms of these Payment Terms & Escrow Services to refund payment to Client is irrevocable. Such instruction is Consultant’s authorization to transfer funds for the Project held in Escrow Account back to the Client’s Payment Method. Such instruction is also Consultant’s representation that Consultant is willing to forego any compensation for the time and skills spent on the Project. Consultant acknowledges and agrees that upon Consultant’s failure to give instruction to refund payment to the Client within such timelines as provided in Section 2.3 (Issue of Refund from Escrow Account), Wileo will retransfer funds to the Client and that Wileo has no responsibility to and may not be able to recover such funds from Client thereafter.
2.6.4. In consideration of Section 2.4.2, Client agrees that once Wileo has forwarded payment to the Consultant from Escrow Account, the payment is non-refundable. In consideration of Section 2.4.3, Client agrees that once Wileo has refunded payment to the Client from Escrow Account, the payment is non-reversible.
2.7 Reservations
2.7.1. Except as expressly provided in these Payment Terms & Escrow Services, Terms of Use of Wileo Platform, and as prohibited by applicable law, Wileo may refuse to process, may hold the disbursement of the Contract Services Fee or any other amounts and offset amounts owed to us, or take such other actions with respect of the funds for a given Project held in the Escrow Account as we deem appropriate in our sole discretion if:
(a) we have reason to believe the Contract Services Fee may be subject to dispute or chargeback;
(b) we suspect a User has committed or attempted to commit fraud or other illicit acts on or through the Platform or is using the Website unlawfully;
(c) we believe there are reasonable grounds for insecurity with respect to the performance of obligations under these Payment Terms & Escrow Services or Terms of Use of Wileo Pltaform; or
(d) we deem it necessary in connection with any investigation, required by applicable law, or necessary due to circumstances outside of our control after a commercially reasonable effort has been made by us to control such circumstances. If, after investigation, we determine that the hold on the disbursement of the Contract Services Fee is no longer necessary, Wileo will release the hold as soon as practicable.
2.7.2. In addition, except as expressly provided in these Payment Terms & Escrow Services, Terms of Use of Wileo Platform and to the extent permitted by applicable law, we reserve the right to seek reimbursement from you, and you will reimburse us, if we:
(i) suspect fraud or criminal activity associated with your payment, withdrawal, or Project;
(ii) discover erroneous or duplicate transactions;
(iii) your banking or financial institution charges us for making transactions to your credit card or bank account; or
(iv) we receive any chargeback from the Payment Method used by you, despite having supplied our Services in accordance with the Terms of Use of Wileo Platform and these Payment Terms & Escrow Services. You agree that we have the right to obtain such reimbursement by instructing Stripe, offset any amounts determined to be owing, deduct amounts from future payments or withdrawals, charge your Payment Method, or use other lawful means to obtain reimbursement from you. If we are unable to obtain such reimbursement, we may, in addition to any other remedies available under applicable law, temporarily or permanently revoke your access to the Services and close your Account.
2.7.3. Unless otherwise provided in these Payment Terms & Escrow Services, Terms of Use of Wileo Platform or under applicable law, any debit from Client’s designated Payment Method is non-refundable. Client acknowledges and agrees that the Terms of Use of Wileo Platform provide a dispute resolution process as a way for Client to resolve disputes. To the extent permitted by applicable law, Client therefore agrees not to ask its credit card company, bank, or other Payment Method provider to charge back any amounts transacted pursuant to these Payment Terms & Escrow Services or Terms of Use of Wileo Platform for any reason. A chargeback in breach of this obligation is a material breach of these Payment Terms & Escrow Services and, equally, a material breach of Terms of Use of Wileo Platform. If Client initiates a chargeback in violation of Terms of Use of Wileo Platform, Client agrees that Wileo may dispute or appeal the chargeback, institute collection action against Client, close Client’s Account, and take such other action it deems appropriate.
2.8 Non-Payment or Default on the part of the Client
2.8.1. While we ensure payment for each Consultant-Client Contract and Wileo Contract entered onto the Platform, Wileo cannot eliminate possible instances of illegal transactions, chargebacks, or fraudulent acts on the Platform.
2.8.2. Wileo does not guarantee payment of Contract Services Fee from the Client, and is not liable for Client’s default or if the Client initiates a chargeback with their financial institution. Wileo may only attempt to reverse the chargeback of funds, if permitted or obligated under the applicable law. In such a scenario, Consultant may use the dispute process as described in the Dispute Assistance Program in order to recover funds from Client in the event of a default or may pursue such other remedies against Client as Wileo or Consultant may deem appropriate. If Wileo recovers funds from a Client who initiated a chargeback or who is in default pursuant to this Section 2.8 (Non-Payment or Default), Wileo will disburse any portion of payment attributable to Contract Services Fee to the extent not already paid by Client to the applicable Consultant under Consultant-Client Contract or keep to itself as per applicable Wileo Contract.
2.8.3. For any reason whatsoever, if Client is in default to maintain requisite funds in Escrow Account, we may, without notice, temporarily or permanently close Client’s Account and revoke Client’s access to the Services, including Client’s authority to use the Platform to process any additional payments, initiate any Projects or enter into Consultant-Client Contract or Wileo Contract, or obtain any additional Contract Services from other Users or Wileo through the Platform. However, Client will remain responsible for any amounts that accrue on any open Projects to which Client is a party at the time a limitation is put on the Client’s Account as a result of the default. Without limiting other available remedies, Client must pay Wileo upon demand for any amounts owed, plus interest on the outstanding amount at one and one-half percent (1.5%) per month or the maximum interest allowed by applicable law, plus attorneys’ fees and other costs of collection to the extent permitted by applicable law.
2.8.4. At our discretion and to the extent permitted by applicable law, Wileo may, without notice, set off amounts due against other amounts received from Client or held for Client by Wileo, make appropriate reports to credit reporting agencies and law enforcement authorities, and cooperate with credit reporting agencies and law enforcement authorities in any investigation or prosecution.
2.9 Title of Funds
Wileo is not a bank. Wileo deposits and maintains Escrow Account with Stripe, that is approved to receive, hold, and deliver escrow funds under applicable laws and regulations. Wileo will not voluntarily make funds deposited in the Escrow Account available to its creditors, in the event of a bankruptcy, or for any other purpose unless entitled to the same under a Wileo Contract in terms of Section 2.2 (Release of Funds from Escrow Account) above.
2.10 No Interest
You agree that, under no circumstance, you will be entitled to receive interest or other earnings on the funds held in Escrow Account.
2.11 Australian Dollars and Foreign Currency Conversion
The Services provided by Wileo under these Payment Terms & Escrow Services and Terms of Use of Wileo Platform operate in Australian Dollars. If a User’s Payment Method is denominated in a currency other than Australian Dollars and requires currency conversion to make or receive payments in Australian Dollars, the Platform will display foreign currency conversion rates that Wileo’s payment partner currently make available to convert supported foreign currencies to Australian Dollars. These foreign currency conversion rates adjust regularly based on market conditions. Please note that the wholesale currency conversion rates at which our payment partner obtains foreign currency will usually be different from the foreign currency conversion rates offered outside the Platform. Each User, at its sole discretion and risk, may authorise debit or credit of its Payment Method in a supported foreign currency and the conversion of the payment to Australian Dollars at the foreign currency conversion rate displayed on the Platform. If foreign currency conversion is required to make payment in Australian Dollars and Wileo’s payment partner does not support the foreign currency or the User does not authorize the conversion of such payment at the foreign currency conversion rate displayed on the Platform, Wileo will debit or credit User’s Payment Method in Australian Dollars and User’s Payment Method provider will convert the payment at a foreign currency conversion rate selected by User’s Payment Method provider. User’s Payment Method provider may also charge fees directly to User’s Payment Method even when no currency conversion is involved. User’s authorisation of a payment using a foreign currency conversion rate displayed on Wileo Platform is at User’s sole risk. Wileo and its payment partner are not responsible for currency fluctuations that occur when billing or crediting a Payment Method denominated in a currency other than Australian Dollars or for currency fluctuations that occur when receiving or sending payments to and from Escrow Account.
Consultant and Client acknowledge and agree that if, in Wileo’s sole discretion, Wileo believes that fraud, illegal activity, or a violation of these Payment Terms & Escrow Services has been committed or is being committed or attempted, then Client and Consultant irrevocably authorize and instruct Wileo to take such actions as deemed appropriate, in Wileo’s sole discretion and in accordance with applicable law, in order to prevent or remedy such acts, including without limitation, to return the funds associated with such acts to their source of payment, as further described in these Payment Terms & Escrow Services. This Section (Violation of these Payment Terms & Escrow Services or Law) allows Wileo—as permitted by law but otherwise in its sole discretion—to return funds to Client’s Payment Method, continue to hold funds in Escrow Account, release funds to the Consultant’s Payment Method, or to turn funds over to third parties such as law enforcement.
4.1 Wileo will use and release funds deposited in Escrow Account only in accordance with these Payment Terms & Escrow Services. You acknowledge and agree that Wileo acts merely as an Internet escrow agent. Wileo is only obligated to perform those duties expressly described in these Payment Terms & Escrow Services. Wileo has fully delivered the Escrow Services to you if Wileo provides the Escrow Services described in these Payment Terms & Escrow Services. Wileo will release funds in reliance of your authorization, these Payment Terms & Escrow Services, Terms of Use of Wileo Platform or as required by applicable law.
4.2 By providing Payment Method information through the Platform or by authorizing payments with the Payment Method, you represent that:
(a) you are legally authorised to provide such information;
(b) you are legally authorized to make / receive payments using the Payment Method(s);
(c) if you are an employee or agent of a company or person that owns the Payment Method, that you are authorised by the company or person to use the Payment Method to make and receive payments on Wileo Platform; and
(d) such actions do not violate the terms and conditions applicable to your use of such Payment Method(s) or applicable law.
4.3 To the extent permitted by applicable law and subject to our Privacy Policy, you acknowledge and agree that we may use certain third-party vendors and service providers to process payments and manage your Payment Method information.
4.4 Wileo is not liable to any User if Wileo does not complete a transaction as a result of any limit by applicable law or User’s financial institution, or if a financial institution fails to honour any credit or debit to or from an account associated with such Payment Method. Wileo will make commercially reasonable efforts to work with any such affected Users to resolve such transactions in a manner consistent with these Payment Terms & Escrow Services.
(Definitions incorporated in the Terms of Use shall form part herein as is.)
Last Update: 9th November 2022
This Dispute Assistance Program forms an integral part of the Terms of Use of Wileo Platform. It describes a mechanism administered by Wileo to resolve disputes under the Consultant-Client Contract (“Dispute Assistance Program” or “Program”).
Your agreement with Terms of Use of Wileo Platform shall be deemed as your acceptance of this Dispute Assistance Program.
1.1. This Dispute Assistance Program is offered as a form of non-binding assistance to facilitate communication and potential resolution of disputes between Clients and Consultants. Administration of this Program by Wileo does not evaluate the quality or functionality of work and cannot render binding judgment or determination as to the parties’ respective rights to the disputed funds.
1.2. The scope of this Dispute Assistance Program is limited to the matters discussed herein and to the extent where disputes are initiated within the deadlines specified below. In particular, –
1.2.1. This Dispute Assistance Program applies to disputes filed by Clients or Consultants over funds for a given Project held in Escrow Account as of the date of notifying the dispute to Wileo.
1.2.2. Any dispute resulting from or in reference to a Wileo Contract is not subject to this Dispute Assistance Program.
This Program may cover the whole or any portion of the fixed-price based Consultant-Client Contract and all milestones that may have been previously funded, approved, and released. In the event of a dispute, funds in Escrow Account will remain in Escrow Account while the dispute is administered as set forth below:
2.1 Dispute Assistance Deadline
Disputes must be initiated before the funds in Escrow Account have been released. Disputes over funds that have been released from Escrow Account are not eligible for administration under this Dispute Assistance Program.
2.2 Filing a Dispute
2.2.1. Consultants
Consultants may initiate a dispute when a Client –
2.2.2. Clients
Clients may initiate a dispute by requesting a refund of funds for a Project held in Escrow Account or by releasing a partial milestone payment. If the Consultant disputes Client’s refund request, or offers a partial refund that is subsequently rejected by the Client, the case will be referred to the Dispute Assistance Program.
2.3 Notice of Dispute
Once a dispute has been registered, Wileo’s dispute assistance team will notify Client and Consultant of the dispute via ticket and request information and supporting documentation from the parties (“Notice of Dispute”).
2.4 Lack of Participation
Client and Consultant must respond to the Notice of Dispute within five (5) calendar days. If a party fails to timely respond to the Notice of Dispute, we deem it as an irrevocable authorization and instruction to Wileo to release funds for the Project held in Escrow Account to the responding party.
2.5 Non-Binding Assistance
After both Client and Consultant respond to the Notice of Dispute, Wileo’s dispute assistance team will review the documentation submitted and any information available in the “Workspace” or agreement arrived at under “Project Files” on Wileo Platform pertaining to the Project. Wileo’s dispute assistance team will facilitate communication between the parties and help assess whether mutual resolution is possible and, under no circumstances, shall be under an obligation to evaluate the quality or functionality of work and cannot render binding judgment or determination as to the parties respective rights to the disputed funds.
2.6 Resolution of Dispute
If Wileo’s dispute assistance team is able to facilitate a resolution between Client and Consultant agreeable to both in writing, we deem it as an authorization and irrevocable instruction to immediately release funds from Escrow Account in accordance with the agreed-upon resolution. This will result in the closure of the dispute ticket.
2.7 No Resolution
If no resolution of the dispute has been reached within twenty-one (21) calendar days of the Notice of Dispute, or if Wileo’s dispute assistance team determines in its sole discretion that no resolution between the parties is possible through the Dispute Assistance Program, the dispute assistance team will issue a “Notice of Non-Resolution” and the funds held in the Escrow Account shall only be released in accordance with an order by a court, arbitrator, or other judicial body of apparent competent jurisdiction adjudicating the dispute. To the extent the parties wish to take legal action to enforce their contractual rights, Wileo may provide contact information on file of Client or Consultant, consistent with our Privacy Policy.
Where a Client, in contravention of the Terms of Use of Wileo Platform, is in default of depositing applicable Contract Services Fee in Escrow Account or initiates a chargeback of funds transacted to Wileo, Consultant shall be entitled to initiate a dispute on the Project. We shall notify the Client of the dispute by way of raising a Notice of Dispute and the Client shall be obligated to respond to the same within five (5) calendar days of its date. Failure on the part of the Client to respond to such Notice of Dispute in a timely manner shall constitute an authorization to Wileo to share Client’s personal information with the Consultant, at Consultant’s request, to enable Consultant to enforce its legal rights and remedies against the Client under applicable laws.
Subject to exceptions stated above, all claims, disputes or other disagreements between Consultant and Client that are covered by the Dispute Assistance Program must be resolved in accordance with the terms in the Dispute Assistance Program. All claims filed or brought contrary to the Dispute Assistance Program will be considered improperly filed, unless otherwise required by law.
Wileo, in its sole discretion, reserves the right to suspend or terminate your Account immediately upon giving notice to you if Wileo believes you may be abusing the Dispute Assistance Program or otherwise than as permitted by the Terms of Use of Wileo Platform.
Last Update: 11th November 2022
We’re passionate about connecting people ready to work with people who need work done. As Wileo continues to grow, it’s important that Wileo Community follows guidelines that reflect our values and standards of behavior. As an online community of intelligent and experienced Users, we host a variety of diverse opinions. We welcome this diversity, and ask that all of our participants on this forum adhere to these Community Guidelines (“Community Guidelines” or “Guidelines”).
1.1 By using our community forum, you acknowledge and agree to be bound by all of Wileo’s Legal Terms & Conditions as set out on the Website: Terms of Use of Wileo Platform, Privacy Policy, and these Community Guidelines.
1.2 You must NOT poach work through the use of our community forum. We reserve the right to take legal action if you are discovered to be in breach of these Guidelines and we will immediately terminate your Account on the Platform.
1.3 Discussions on our community forum are designed to help you ask questions, obtain further information and discuss the scope of potential work opportunities. If your participation in a discussion on the forum results in confirmation of a live project with another User on the Platform, you must undertake the Project through the Platform.
2.1 Failure to comply with any of these Guidelines may also result in temporary or permanent loss of posting privileges and your right to use our community forum, Wileo Platform, and Services.
2.2 While we are devoted to free speech, we reserve the right to remove any Content that does not respect these Guidelines or that detracts significantly from our users’ experience.
3.1 This community forum is an interactive area in which you may post content and information, including peer endorsements, questions, response or replies, and other materials. You retain all rights in and are solely responsible for the content you post to the community forum.
3.2 You are also solely responsible for your use of such interactive features and use them at your own risk.
3.3 By using any interactive feature, you agree to comply with these Community Guidelines.
3.4 We reserve the right to remove or modify content you post on the community forum for any reason, including such content that we believe violates these Guidelines or any of Wileo’s Legal Terms & Conditions.
3.5 When you post content to this community forum, you give Wileo and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content throughout the world in any media.
3.6 To the extent such content is attached to a profile on Wileo Platform, the foregoing license includes a right to reproduce your profile, and any name, likeness, or photograph contained in such profile.
3.7 If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
While Wileo maintains a relatively open forum, this is a professional site devoted to professional services. While a certain amount of passion, colorful language, and hyperbole is permissible, you should not engage in name-calling, threats, harassment, lewdness, or displays of bigotry.
5.1 Think before you post and stay on topic.
5.2 Answers that don’t specifically address their questions will be removed, so think twice about copying and pasting the same answer to multiple questions.
Please ask questions directly related to your professional concern. The best questions are brief and to the point. Do not post spam or irrelevant content.
7.1 Answering questions is a great way to help people get oriented toward solving their problems while also displaying your professional acumen. But remember: quality is better than quantity, and those asking questions aren’t looking for a sales pitch. Do not simply post the statement “I Agree” in the answers and comments without any other information.
7.2 Avoid writing “Hire a consultant” as your sole answer to a question. We understand that this may be the right answer for a given question, but readers benefit from elaboration: explain WHY hiring a consultant or expert is important in this case. Similarly, do not invite those asking questions to contact you directly. The content of your answers should always remain non-commercial in tone.
When posting questions, responses, or replies, don’t give out any personal information such as home or email addresses, telephone numbers, credit card numbers, tax identification numbers, passwords, etc.
9.1 We encourage you to share information about your business or practice with Wileo community; however, we ask that you do this in your profile NOT on this forum. You are not allowed to market or solicit your services or projects on our community forum.
9.2 Do not directly solicit Clients or Consultants as part of an answer, disclaimer, guide, or peer endorsement. Examples of direct solicitations are language such as “call me, contact me, go to my website for further information, etc.” Similarly, do not add contact information or links to your website in answers or answer disclaimers. Such information will be removed. A link to your profile is displayed next to each of your postings so that readers can easily know more about you and reach out, if they wish to.
10.1 While Wileo strives to provide and allow its Consultants and Clients to provide useful information regarding consultations and professional services, there are some things that Wileo cannot guarantee.
10.2 You acknowledge that this forum consists of third party data and contributions that are not actively administered by Wileo, that there are certain inherent limitations to the accuracy or currency of such information and that such information may be incomplete, may contain inaccuracies, or may be based on opinion.
10.3 Wileo DOES NOT SCREEN SUCH INFORMATION FOR ACCURACY OR RELIABILITY.
10.4 TO THE FULLEST EXTENT PERMITTED BY LAW, Wileo AND ITS AFFILIATES, MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES, PLATFORM, OR COMMUNITY FORUM. THE SERVICES, PLATFORM, AND COMMUNITY FORUM ARE PROVIDED “AS IS.”
10.5 Wileo ALSO DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WILEO OR ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM THE OUTCOME OF OR DISCUSSION ON THIS FORUM, OR FROM ANY CONDUCT OR CONTENT OF ANY THIRD PARTY RELATING TO THIS FORUM.
If you have any questions in relation to the Community Guidelines, or to report any infractions on our community forum, you can contact us at any time by writing to our customer service representative at contact@wileo.com.
(Definitions incorporated in the Terms of Use shall form part herein as is.)
Last Update: 24th October, 2022
Wileo Pty Limited (trading as Wileo Consulting) is a corporation organized and existing under the laws of Australia. We aim at creating direct access between Consultants and Clients, while also offering our direct consultancy services.
By accessing or using our Services, registering an account on the Platform, or otherwise interacting with us, you agree to your information being handled as described in this Privacy Policy (“Privacy Policy”). However, you have utmost control over your data, and you will hereby be informed about your choices regarding the use, access, correction, and deletion of your information. Any dispute over privacy of your information is subject to this Privacy Policy, our Terms of Use, and Community Guidelines, including its applicable limitations on damages and resolution of disputes. Wileo Terms of Use and Community Guidelines are incorporated by reference into this Policy.
The purpose of this Privacy Policy is to set out how Wileo collects, uses, discloses, retains, protects or otherwise treats your personal Information. ‘Personal Information’ is any information that could reasonably be used to identify you personally. Our objective is to inform our Users and Website visitors that their personal information will be kept secure and confidential according to the terms stated in this Privacy Policy.
If you do not provide the information Wileo requires, Wileo may not be able to provide its Services to you.
We maintain transparency in handling your personal information and adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This Privacy Policy is applicable to our Users and Website visitors and does not apply to any personal information we collect from our employees.
This Privacy Policy is set to provide you the following information:
Wileo will, from time to time, receive and store personal information you enter onto our Platform that you may provide to us directly or we may collect in other forms.
Wileo collects personal information from you in a variety of ways, including:
Wileo may also receive your personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.
5.1 Overview
We try only to collect personal information about you that we need for operating, providing, marketing and promoting our Services. The kinds of personal information that we collect and hold about you may depend on the circumstances in which the information is collected. If we are not able to collect your personal information, we may not be able to provide you with access to Wileo Platform or our Services or do business with you or the organisation with which you are connected.
5.2 Account and profile information
We collect information about you when you register for an Account, create or modify your profile and/or set Account preferences. You also have the option of adding your preferences when you select settings within our Services.
For example:
5.3 Content you provide through use of Wileo Platform and our Services
We collect content that you post, send, receive and share when you use our Services. Content also includes the files and links you upload to Wileo Platform.
We also collect certain information about how you use our Website and interact with any of our Services. This information includes the features you use and how you use them, Projects you offer as a Client, applications to Projects that you make as a Consultant, messages between Users, timesheets entered and approvals for timesheets and any feedback provided through Wileo Platform. We also collect information about the teams and people you work with.
For example:
5.4 Information we collect when you communicate with us
Any information that you provide via Wileo Platform or on our contact numbers and addresses will be collected and stored by us.
For example:
We may monitor and record calls and other electronic communications that you make to us in certain circumstances.
For example:
5.5 Information you provide through our support channels
Our services include customer support, where you may choose to submit information regarding a problem you are experiencing on the Website or Wileo Platform or any of our Services. You may be asked to provide contact information, a summary of the problem you are experiencing, screenshots or information that would be helpful in resolving the issue.
5.6 Information we receive from other Users of Wileo Platform and third parties
Other Users of Wileo Platform may provide information about you when they submit content through the Website.
For example:
We also receive information about you from our third-party service providers such as advertising and analytics service providers.
5.7 Technical information we collect automatically when you visit our Website or access our Services
We collect information about you when you use Wileo Platform, including browsing our Website and taking certain actions within the Services offered by Wileo.
For example:
When you visit our Website, we may collect information about your visit, including your server / Internet Protocol (IP) address, the date and time of your visit, the pages you accessed and documents downloaded during your visit, the length of your visit, your approximate geographical location when you accessed the Website, the previous page you visited, search terms that you have used to find our Website from search engines including Google and Bing, if you’ve visited our Website before, the type of browser used and browser settings.
We also collect, use and share aggregated information such as statistical or demographic information. Aggregated information may be derived from your personal information but is not considered personal information as this information does not directly or indirectly reveal your identity. In other words, any information about you along with that of the other multiple Users that does not contain information that personally identifies you will qualify as aggregated information.
For example:
We may aggregate technical information about your usage of our Services to calculate the percentage of Users accessing a specific Website feature.
However, if we combine or connect aggregated information with your personal information so that it can directly or indirectly identify you, then we treat the combined information as personal information which will be used in accordance with this Privacy Policy.
We also collect service-related, diagnostic, and performance information, including crash reports and performance logs.
5.8 Information from cookies and other tracking technologies
We use a range of tools provided by third parties, including our web hosting company Crazy Domains, to collect or view website traffic information. These sites have their own privacy policies.
We also use cookies, plug-ins, and similar technologies to improve your experience when accessing our Website and using our Services. A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. We use cookies to help us identify and track Users and Website visitors, their usage of our Website, and their preferences to access the Website. Cookies do a lot of different jobs like letting you navigate between pages efficiently, remembering your preferences and establishing whether you are logged in or not. The information collected by these tools may include the IP address of the device you are using and information about sites from which that IP address has come, the pages accessed on our site and the next site visited. Cookies allow us to better understand our Users and Website visitors and make it easier for you to utilise our Website. Similarly, plug-ins allow us to ensure User productivity, improve User accountability, ease troubleshooting, manage and organize Website and Users better, track what Users are doing on the Website and easily spot suspicious behavior before any susceptible security problems occur.
You may adjust your browser to refuse to accept cookies, remove cookies or notify you when a cookie is set by editing your web browser preference or options. You can read more about how to manage cookies here. You do not have to accept all cookies sent to you by our Website, however, depending on the particular cookie you reject, you may not be able to use some features of our Website.
5.9 Content you provide through other websites we operate and / or manage
We use social networking services such as Twitter, Facebook, Instagram and LinkedIn to communicate with the public about Wileo and the Services we provide. When you communicate with us using these services, we may collect your personal information. The social networking service will also handle your personal information for its own purposes and under their own privacy policies.
We collect your personal information in order that you may receive the benefit of Wileo Platform and our Services. How we use information we’ve collected depends in part on how you use Wileo Platform.
Below are the purposes for which we use the information we collect about you.
6.1 To establish, maintain and administer your Account
We use information about you to provide our Services to you, including to process transactions with you, authenticate you when you log in on Wileo Platform, provide customer support, and operate and maintain the Website.
The Platform also includes features that personalize your experience and improve your ability to collaborate effectively with other Users.
For example:
6.2 To operate and deliver our Services to you
Your personal information will be used by us to:
Your personal information will also be used to enable more direct connectivity between Consultants and Clients, and between Consultants and members of the public.
In particular:
6.3 To communicate with you about our Services and Wileo Platform
We use your contact information to send transactional communications via email, including conducting verifications of profiles, checking credentials, responding to your comments, questions and requests, billing and clearances, providing customer support, and sending you technical notices, updates, security alerts, and administrative messages. These communications are part of our Services and in most cases, you cannot opt out of them. If an opt-out is available, you will find that option within the communication itself or in your Account settings.
6.4 To promote and market Wileo Platform, our Services and Website
We may use your identity, contact and profile information and usage data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which Services, events, offers, subscriptions, or upgrades may be relevant for you.
You will receive direct marketing communications from us if you have requested information from us or if you provided us with your details when you registered with us, completed a survey, or downloaded any articles or newsletters, and, in each case, you have not opted out of receiving that marketing. We may contact you to let you know about our Services, new features and how they may benefit you, solicit your feedback, or just keep you up to date with what’s going on with Wileo Platform and our Services.
Where we use your personal information to send you marketing information by email or other electronic means, we may do so with your express or implied consent.
For example:
You may opt-out of receiving marketing information from us by using the unsubscribe link within each email or by contacting us as provided in Section 14 below to have your contact information removed from our email subscription list or registration database.
6.4 To maintain and improve Wileo Platform and our Services
We are always looking for ways we can improve Wileo Platform and our Services for our customers. We use data analytics and feedback provided directly to us for diagnostics and troubleshooting, identifying trends and usage patterns, identifying ways in which we can improve Wileo Platform, our Website and Services, including our marketing, client relationships and experiences.
We monitor your interactions with our Services, analyse how you are using Wileo Platform and our Services on your devices, and inform our algorithms to help us constantly review Wileo Platform and upgrade our Services.
We collect and analyse information on an anonymous or non-attributable basis to allow us to gain insights into the behaviour and business practices of Users. Much of this information will help us to provide useful information and advice to companies, contractors and others of behaviours in relation to the white-collar gig economy.
6.5 To meet our legal and regulatory obligations and protect our legitimate business interests and legal rights
Where required by law or where we believe it is necessary to protect our legal rights and interests as well as the interests of others, we may use information about you in connection with legal and intellectual property claims, compliance, regulatory, and audit functions, and disclosures in connection with the acquisition, merger or sale of a business, or as necessary to perform tasks in the public interest, or to protect the vital interests of our Users and other people.
6.6 To promote safety and security
We use information about you and your use of our Website and any other of our Services to verify accounts and activity, to maintain and enhance the safety, security, and stability of our Services by identifying and addressing technical or security issues or problems (such as technical bugs, spam accounts, and detecting abuse, fraud, and illegal activity), and to identify violations of this Policy.
6.7 To enforce the provisions of your agreement with us
We use information about you to enforce our Terms of Use, Community Guidelines, and Privacy Policy, as may apply to you. We review content and other information posted on Wileo Platform to protect the safety and well-being of our community.
6.8 To undertake activities for which we have obtained your consent
We use information about you where you have given us consent to do so for a purpose not listed above.
For example:
In addition to our staff, officers and employees, Wileo may disclose your personal information to other entities or individuals to facilitate the purpose for which the information was collected. These entities and individuals will be permitted to obtain only the personal information necessary to deliver only such portion of the service as may form part of their contractual obligation with Wileo. We take reasonable steps to ensure that these organizations and individuals are bound by confidentiality and privacy obligations in relation to the protection of your personal information insofar as reasonably necessary for the purposes set out in this Privacy Policy. Such entities and individuals include:
if you are a Consultant, we may disclose your personal information including contact details to a Client;
if you are a Client, we may disclose your personal information including contact details to a Consultant, but only when such disclosure is in relation to progressing an application for the Consultant to provide his / her services to the Client, or otherwise where you have given us permission to make the disclosure to the other person;
7.1 International transfers
From time to time, these parties may reside outside Australia. Our contracts with these parties generally include an obligation for them to comply with Australian privacy law and this Privacy Policy.
7.2 Business Transfers
If Wileo, or substantially all of its assets, were acquired, or in the unlikely event that Wileo goes out of business or enters bankruptcy, User information would be one of the assets that are transferred or acquired by a third party. You acknowledge that such transfers may occur and that any acquirer of Wileo may continue to use your personal information as set forth in this Privacy Policy. We may also disclose your personal information to a potential acquirer under an agreement to maintain confidentiality. However, in such a scenario, we would seek to only disclose information in good faith and where required by any of the above circumstances.
Wileo is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, theft, loss and unauthorised access, modification and disclosure. Our data hosting servers are located in Australia.
You acknowledge that the transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.
We retain your personal information as long as necessary to provide our Services and Services and for the other purposes set out in this Privacy Policy. We also retain information when necessary to comply with contractual and legal obligations, when we have a legitimate business interest to do so (such as improving and developing our Services, and enhancing the safety, security and stability of our Services), and for the exercise or defence of legal claims.
For example:
You may review, edit, correct or delete any personal information you submit to us at any time by logging into your Account on Wileo Platform.
If you wish to access the personal information we hold about you or request correction of it, you should contact the Privacy Officer on the details below who will respond to your request within a reasonable period after the request is made. A small administrative fee may be payable by you for the provision of information.
However, we may also deny access to your personal information under certain circumstances set out in the Privacy Act 1988 (Cth), including, for example:
If we deny you access to the information you request, we will provide our reason for doing so.
We take reasonable steps to ensure that your personal information held by us is accurate, complete and up-to-date. However, we also rely on you to advise us of any changes to your personal information by maintaining and updating your Account and profile details.
Please contact us at the earliest using the contact details below if there any changes required to be made to your personal information or if you believe the personal information we hold about you is not accurate, complete or up-to-date so that we can update your data accordingly.
In most circumstances, in order for us to successfully do business with you it will not be practical for us to deal with you without you providing relevant personal information to us. However, where it is lawful and practicable to do so, you may deal with us anonymously or by using a pseudonym.
Please be aware that we may amend or update this Privacy Policy from time to time. You are requested to review this space periodically for changes on our Website or visit www.wileo.com/legal/privacypolicy. Your continued use of or access to our Services or requesting our assistance after revision of this Privacy Policy constitutes your acceptance of the revised Privacy Policy.
You can make any request regarding your personal information held by us or send any queries in relation to this Privacy Policy at the following communication:
If you have any complaints about our privacy practices, please feel free to send in details of your complaints too. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.
Email Address: privacy@wileo.com
If you become aware of misuse of the Platform by any person, any errors in the Content on the Website, any difficulty in accessing or using the Platform, or any questions about these Terms of Use, please write to our administrator team at contact@wileo.com.
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