Customer Submission, Inquiry and Booking Terms

KookaburraOS is operated by Kookaburra Operating System Pty Ltd ABN 94 701 434 246, ACN 701 434 246 ("KookaburraOS", "we", "us" or "our").

The business whose page, form, booking system or customer portal you are using is referred to as the Service Provider.

By selecting the option confirming that you agree to these Terms, submitting the form, or completing a booking where acceptance is required, you agree to these Terms.

KookaburraOS provides technology that businesses use to communicate and transact with their customers.

Unless expressly stated otherwise, KookaburraOS is not the business performing the trade, professional, retail or other service you are requesting.

The Service Provider is independently responsible for:

• deciding whether to accept your inquiry;
• assessing the work;
• issuing any quote;
• setting its prices;
• performing the work;
• workmanship;
• licences and professional qualifications;
• warranties;
• cancellations;
• refunds; and
• resolving disputes concerning the service supplied to you.

Nothing in these Terms limits rights you may have against the Service Provider under the Australian Consumer Law or another applicable law.

Submitting an inquiry does not guarantee:

• that the Service Provider will accept the work;
• that the Service Provider will contact you;
• that a stated time is available;
• that a particular price will apply; or
• that a contract for services has been formed.

The Service Provider may require additional information or an onsite assessment before providing a quote.

Where online booking is available, you may be required to verify your identity or contact details before completing the booking.

This may include a one-time verification code.

Booking availability can change.

A booking is confirmed only when the booking system or Service Provider provides confirmation.

Additional booking, cancellation, deposit or no-show conditions displayed by the Service Provider at the time of booking may also apply.

Quotes are issued by the Service Provider unless expressly stated otherwise.

A KookaburraOS system may assist the Service Provider in preparing or analysing a quote, but the Service Provider remains responsible for reviewing and issuing the quote.

A quote may contain additional terms concerning:

• validity period;
• scope;
• exclusions;
• materials;
• deposits;
• payment;
• variations;
• cancellation; and
• performance of work.

Those terms may form part of your agreement with the Service Provider if you accept the quote.

You agree to provide information that is reasonably accurate to the best of your knowledge.

You should not deliberately submit:

• unlawful material;
• malicious software;
• content intended to deceive;
• material infringing another person's rights;
• unnecessary identity documents;
• payment-card details into ordinary text fields; or
• content you have no right to provide.

By making an inquiry or booking, you authorise KookaburraOS and the relevant Service Provider to contact you about that inquiry, booking, quote, job, payment or related service transaction using the contact information you provide.

This may include:

• email;
• SMS;
• telephone;
• push notification; or
• other electronic communication.

Marketing communications are subject to applicable law and any choices made available to you.

You may be invited to upload photographs, videos, audio or other material to help the Service Provider understand your request.

For example, this may include photographs of:

• damage;
• equipment;
• property;
• a work area;
• an installation;
• a product;
• a fault;
• landscaping;
• construction;
• electrical equipment;
• plumbing;
• cabinetry; or
• other circumstances relevant to the requested service.

Do not submit photographs or other material unless you are authorised to provide them.

Where reasonably possible, avoid including unnecessary personal, confidential or sensitive information in submitted media.

"Submitted Media" means photographs, videos, audio and similar media that you voluntarily upload through a KookaburraOS-powered inquiry, booking, assessment or customer service interface.

To the extent that you own copyright or other transferable intellectual-property rights in Submitted Media, you agree that, upon submission and to the maximum extent permitted by law, you assign to KookaburraOS all transferable right, title and interest that you hold in that Submitted Media, including copyright.

You agree that your electronic acceptance of these Terms is intended to record your agreement to that assignment in writing to the extent permitted by applicable law.

You retain any rights that cannot lawfully be transferred.

Fallback licence. If any assignment under this clause is ineffective, incomplete or otherwise does not transfer a particular right, you instead grant KookaburraOS a:

• worldwide;
• perpetual;
• irrevocable;
• royalty-free;
• transferable;
• sublicensable; and
• unrestricted

licence to use, reproduce, store, adapt, modify, analyse, annotate, label, combine, transform, publish where otherwise lawful, create derivative material from, and otherwise exploit that Submitted Media for the purposes described in these Terms.

This licence survives completion of your inquiry, booking or job and closure of any related customer account.

The Service Provider may continue to access and use Submitted Media for legitimate purposes connected with your inquiry, quote, booking, job and business records.

You acknowledge and agree that Submitted Media and information associated with service requests may be processed by KookaburraOS for development and improvement of its technology.

This may include the development, training, retraining, fine-tuning, testing, validation, benchmarking and evaluation of artificial-intelligence and machine-learning systems.

Subject to applicable law, relevant information may be used to develop systems capable of understanding relationships between matters such as:

• images;
• type of problem;
• industry;
• job classification;
• assessment;
• scope of work;
• materials;
• labour requirements;
• estimated costs;
• quotes;
• pricing;
• quote outcomes;
• actual job outcomes;
• job duration;
• variations; and
• final costs.

KookaburraOS may combine Submitted Media with later information generated by the Service Provider concerning the same service request, including assessments, quotes, job outcomes and pricing information, for these purposes.

KookaburraOS may also create annotations, classifications, datasets, statistical information and other derived information from submitted material.

KookaburraOS owns its artificial-intelligence systems, derived datasets, model parameters, classifications, algorithms, benchmarks and other technology developed using such information.

Submission of information through KookaburraOS is also governed by the applicable KookaburraOS Privacy Policy and Privacy Collection Notice.

Those documents explain matters including:

• what personal information may be collected;
• why it is collected;
• how it may be used;
• how it may be disclosed;
• how it is protected;
• how you may contact us about privacy; and
• other rights available under applicable law.

Information you submit will ordinarily be made available to the Service Provider to which you are sending the inquiry or booking.

Certain information may also be processed by service providers used to operate KookaburraOS.

Nothing in these Terms permits KookaburraOS to disregard privacy obligations that apply under Australian law.

If you submit information or media concerning another person, you confirm that you are authorised to provide that information where authorisation is required.

You should avoid intentionally uploading unnecessary sensitive information about another person.

If you upload photographs of a home, workplace, vehicle, equipment or other property, you confirm that you are entitled to photograph and submit that material.

The fact that Submitted Media depicts property belonging to another person does not mean you are authorised to disclose confidential or restricted information concerning that person.

KookaburraOS technology may analyse submitted information or images.

Automated systems may assist with:

• classification;
• routing;
• estimating;
• recommendations;
• summaries;
• identification of likely service requirements;
• quote preparation; or
• other functionality.

Automated output may be incorrect or incomplete.

Unless expressly stated otherwise, an automated estimate is not a binding quote from the Service Provider.

The Service Provider remains responsible for any final quote it issues.

AI output is not a substitute for a legally required inspection, qualified trade assessment, safety assessment or professional advice.

KookaburraOS inquiry and booking facilities are not emergency services.

Do not rely on an inquiry form or online booking system where there is an immediate risk to life, health, property or public safety.

Contact the appropriate emergency or qualified service where urgent action is required.

Where payment functionality is available, payments may be processed by an external payment provider.

The Service Provider ordinarily determines amounts charged for its services.

Additional terms of the relevant payment provider may apply.

KookaburraOS does not guarantee that every payment will be authorised, processed or settled.

Where you receive access to a KookaburraOS customer portal, you must not:

• attempt to access another person's account;
• share one-time security codes with unauthorised persons;
• interfere with platform security;
• upload malicious material; or
• misuse information accessible through the portal.

We may restrict access where reasonably necessary to protect account security or comply with law.

KookaburraOS may occasionally be unavailable because of maintenance, internet problems, security incidents, third-party outages or circumstances outside reasonable control.

We do not guarantee uninterrupted availability.

If a matter is time-critical, contact the Service Provider directly using another available communication method.

Nothing in these Terms excludes, restricts or modifies a consumer guarantee, statutory right or remedy that cannot lawfully be excluded, restricted or modified.

These Terms should be read subject to those rights.

To the maximum extent permitted by law, KookaburraOS is not responsible for:

• the Service Provider's workmanship;
• failure of the Service Provider to attend;
• statements independently made by the Service Provider;
• the Service Provider's qualifications;
• the Service Provider's pricing;
• disputes about the scope of work;
• physical damage caused by the Service Provider;
• products selected by the Service Provider; or
• other acts or omissions of an independent Service Provider.

Nothing in this clause excludes liability that cannot lawfully be excluded.

We may update these Terms from time to time.

The version applicable to a particular submission or booking will ordinarily be the version presented or linked when you accepted the Terms for that transaction.

We may maintain an electronic record of:

• the version accepted;
• the date and time of acceptance;
• the relevant submission or booking identifier;
• the Service Provider;
• account or session identifiers; and
• technical evidence associated with acceptance.

You agree that these Terms may be accepted electronically.

Selecting an acceptance checkbox or equivalent electronic control and then submitting the relevant transaction is intended to record your agreement to these Terms.

If a provision of these Terms is invalid or unenforceable, it will be read down where possible.

If it cannot be read down, that provision will be severed and the remainder will continue to operate.

These Terms are governed by the laws of South Australia, Australia, subject to any mandatory law or jurisdiction applying to you as a consumer.

Questions concerning KookaburraOS or these Terms may be directed to:

Kookaburra Operating System Pty Ltd
ABN: 94 701 434 246
ACN: 701 434 246
Address: Adelaide, South Australia, Australia
Email: [email protected]

Questions about the actual service, quote, appointment, cancellation, workmanship or refund should normally be directed to the relevant Service Provider.