Welcome to our website. This website is owned and operated by Aleesha Reid Platt (ABN 86 931 050 299) t/a Tradie Adviser, its successors and assignees (we, our or us). It is available at: www.tradieadviser.com.au (Site) and may be available through other addresses or channels.
1. Information: The information, including statements, opinions and documents, contained in this Site (Information) is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. Any reliance you place on the Information is at your own risk. Before acting on any Information, we recommend that you consider whether it is appropriate for your circumstances, carry out your own research and seek professional advice, where necessary.
2. Amendment: The Information and Terms may be amended without notice from time to time in our sole discretion. Your use of our Site following any amendments indicates that you accept the amendments. You should check the Terms regularly to ensure you are aware of any changes, and only proceed to use the Site if you accept and will comply with the new Terms.
3. Your warranties: You warrant to us that you have the legal capacity to enter these Terms and form a contract, and that you have read and understood these Terms, before using the Site.
4. Licence to use the Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable right and licence to use the Site for your personal, non-commercial use, in accordance with these Terms. All other uses are prohibited without our prior written consent.
5. Prohibited conduct: You must not:
(a) Use the Site for any activities, or post or transmit any material from the Site:
– unless you hold all necessary rights, licences and consents to do so;
– that infringes the intellectual property or other rights of any person;
– that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
– that defames, harasses, threatens, menaces, offends or restricts any person;
– that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; or
– that would bring us, or the Site, into disrepute;
(b) Interfere with or inhibit any user from using the Site;
(c) Use the Site to send unsolicited email messages;
(d) Attempt to or tamper with, hinder or modify the Site, knowingly transmit viruses or other disabling features, or damage or interfere with the Site, including but not limited to the use of trojan horses, viruses, or piracy or programming routines that may damage or interfere with the Site; or
(e) Facilitate or assist a third party to do any of the above acts.
6. Copyright and intellectual property rights: Our Site contains material which is owned by or licensed to us and is protected by Australian and international laws, including but not limited to the
trademarks, trade names, software, content, design, images, graphics, appearance, layout and look of our Site. We own the copyright which subsists in all creative and literary works displayed on the Site.
You agree that, as between you and us, we own all intellectual property rights in the Site, and that nothing in these Terms constitutes a transfer of any intellectual property rights. Your use of the Site does not grant you a licence to, or act as a right to, use any of the intellectual property, whether registered or unregistered, displayed on the Site without the express written permission of the owner.
You must not breach any copyright or intellectual property rights connected with the Site. This includes but is not limited to:
(a) altering or modifying any of the code or the material on the Site;
(b) causing any of the material on the Site to be framed or embedded in another website;
(c) creating derivative works from the content of the Site; or
(d) using the Site for commercial purposes.
8. Your content: If you choose to add any content on the Site, you:
(a) warrant to us that you have all necessary rights to post the content;
(b) grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including but not limited to, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing; and
(c) you consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must ensure that the third party consents in the same manner.
9. Third party information: The Site may contain third party information, including but not limited to user comments, guest articles and advertisements (Third Party Information). We do not control, recommend, endorse, sponsor or approve Third Party Information, including any information, products or services mentioned in Third Party Information. You should make your own investigations with respect to the suitability of Third Party Information for you.
10. Third party links and websites: This Site may contain links to websites owned by third parties (Third Party Sites). We do not control, recommend, endorse, sponsor or approve Third Party Sites, including any information, products or services mentioned on Third Party Sites. You should make your own investigations with respect to the suitability of Third Party Sites for you.
11. Reservation of rights: We reserve the right to amend or delete any and all of your content, Third Party Information and/or Third Party Sites, and to block any user, if we believe that there is a violation of these Terms, or for any other reason, in our sole discretion.
12. Delays and outages: We are not responsible for any delays or interruptions to the Site. We will use commercially reasonable efforts to minimise delays and interruptions. We cannot warrant that the Site will be available at all times or at any given time. We may at any time and without notice to you, discontinue the Site in whole or in part. We are not responsible for any loss, cost, damage or liability that may result from our discontinuance of the Site.
13. Limitation of liability: To the extent permitted by law, we exclude all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits, suffered by you or any third party, or claims made against you or any third party which result from any use of or access to, or any inability to use or access, the Site.
To the extent permitted by law, we exclude all representations, guarantees, warranties or terms (whether express or implied) other than those expressly set out in these Terms, and the Australian Consumer Law to the extent applicable.
14. Disclaimer: The Site is provided to you without warranties, express or implied, including but not limited to implied warranties of merchantability and/or fitness for a particular purpose. We do not warrant that the functions contained in any material on the Site or your access to the Site will be error free, that any defects will be corrected, that the Site or the server which stores and transmits material to you are free of viruses or any other harmful components, or that the Site will operate on a continuous basis or be available at any time.
While we endeavour to keep the Site and Information up to date and correct, we make no representations, warranties or guarantee, express or implied, about:
(a) the completeness, accuracy, reliability, suitability or availability of any Information, images, products, services, or related graphics contained on the Site for any purpose;
(b) Third Party Information; or
(c) Third Party Sites.
You read, use, and act on information contained on the Site, Third Party Information and/or Third Party Sites, strictly at your own risk.
15. Indemnity: By using the Site, you agree to defend and fully indemnify and hold us (and our officers, directors, employees, contractors and agents) harmless from and against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to:
(a) your use of or access to the Site;
(b) any breach by you of these Terms; or
(c) any wilful, unlawful or negligent act or omission by you.
This defence and indemnification obligation will survive these Terms and your use of the Site. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
16. Breach: You may only use the Site for lawful purposes and in a manner consistent with the nature and purpose of the Site. By using the Site, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable you must not use the Site. We reserve the right to remove any and all content found to be in breach of intellectual property rights, including without limitation copyright, or which in our opinion is deemed inappropriate and/or illegal. If you breach these Terms, we reserve the right to block you from the Site and to enforce our rights against you. If we do not act in relation to a breach of these Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of these Terms by you. All rights not expressly granted in these Terms are reserved.
17. Exclusion of competitors: You are prohibited from using the Site, including the Information, in any way that competes with our business. If you breach this term, we will hold you responsible for any loss that we may sustain, and hold you accountable for any profits that you may make from non-permitted use. We reserve the right to exclude any person from using the Site and Information, in our sole discretion.
18. Enforceability: If any provision of these Terms is found to be illegal, invalid or unenforceable by a court of law, then the provision will not apply in that jurisdiction and is deemed not to have been included in these Terms in that jurisdiction. This will not affect the remainder of these Terms, which continue in full force and effect.
19. Further assurances: Each party must, at its own expense, do everything reasonably necessary to give full effect to these Terms and the events contemplated by them.
20. Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in the Terms will survive.
21. Disputes: You agree to use your best endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms, prior to resorting to an external dispute resolution process. Please notify us in writing of any dispute you may have.
22. Jurisdiction: Your use of the Site and any dispute arising out of your use of it is subject to the laws of Victoria and the Commonwealth of Australia. These Terms are governed by the laws of Victoria and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in Victoria. The Site may be accessed throughout Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.
For questions and notices, please contact us at:
Aleesha Reid Platt (ABN 86 931 050 299) t/a Tradie Adviser
PO Box 7027
Geelong West VIC 3218 Email: firstname.lastname@example.org
Last update: 10 March 2017
LegalVision ILP Pty Ltd owns the copyright in this document and use without permission is prohibited.
Directory Terms and Conditions
Aleesha Reid Platt (ABN 86 931 050 299) t/a Tradie Adviser (referred to as Tradie Adviser) provides: an introductory service between tradesmen who are able to provide manual or skilled labour services (Tradies) and customers who require the services of a Tradesmen (Customers) and searchable directory of Tradies (collectively, the Services). The Services are available on the Tradie Adviser website at www.tradieadviser.com.au (Site).
1. Acceptance of Terms
(a) These Directory Terms and Conditions (Terms) form a binding legal agreement between Tradie Adviser, its directors, officers, employees, successors and assignees, and each person, organisation or entity using the Services including but not limited to Tradies and Customers (referred to as User). By using the Site and Services, each User agrees to comply with and be legally bound by these Terms. Please read the Terms carefully. If there are any questions, the User is encouraged to contact Tradie Adviser using the contact details at the end of these Terms.
(b) The User’s use of the Site and the Services indicates that:
(i) the User has had sufficient opportunity to access these Terms and contact Tradie Adviser;
(ii) the User has read, accepted and will comply with the Terms;
(iii) the User has legal capacity to enter into a contract for sale; and
(iv) the User is 18 years or older.
If this is not correct, or if the User does not agree to these Terms, the User is not permitted to use any of the Services.
(c) These Terms may be amended from time to time. Use of our Services following any such amendments will be deemed to be confirmation that the User accepts those amendments. Although Tradie Adviser will notify Users regarding amendments to the Terms via email 14 days prior to any change takes place, Tradie Adviser recommends that each User check the current Terms before continuing use of the Services.
2. Online Registration
(a) A User must register on the Site, create an account (Account) to access all Services and features as set out on the Site. A User’s access to the Site and Services are subject to whether they register for an Account as a general Customer or as a Tradie. Users who are Customers may also sign in using their existing third party social media account as identified on the Site to create an Account. Each User may only have one (1) Account on the Site.
(b) Basic information is required when registering on the Site for an Account. Each User is required to provide certain information including name, email address, and location and select a username and password.
(c) Each User agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Tradie Adviser reserves the right to suspend or terminate any User’s Account and his/her access to the Site and Services if any information provided to Tradie Adviser proves to be inaccurate, not current or incomplete.
(d) It is the User’s responsibility to keep its Account details, username and password confidential. The User is liable for all activity on its Account, including purchases made using its account details. The User agrees that it will not disclose its password to any third party and that it will take sole responsibility for any activities or actions under its Account, whether or not it has authorised such activities or actions.
(e) The User will immediately notify Tradie Adviser of any unauthorised use of its Account.
3. Introductory Service Only
(a) The Site and the Services provide a searchable directory of Tradies and their services and a review platform with respect to a Customer’s experience with Tradies they have engaged.
(b) Tradies with an Account may create a listing (Listing) on the Site specifying the services offered by the Tradie (Tradie Services), contact details, details and photos regarding their business and workmanship, where they supply the Tradie Services (Service Location) and any other relevant information (the information, photos and other materials provided in a Listing collectively referred to as Tradie Content).
(c) To create Listings, Tradies must pay the annual fees for the Listing as set out on the Site (Listing Fee). Listings will remain visible for a period of 12 months (Listing Period).
(a) Each Tradie represents and warrants that any content that it provides and Listing that it posts:
(i) will not breach any agreements it has entered into with any third parties;
(ii) will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any User in its local area and country; and
(iii) will not conflict with the rights of third parties.
(d) Each User understands and agrees that the Site is an online introductory platform only, and that Tradie Adviser’s responsibilities are limited to facilitating the availability of the Site and the Services.
(e) Tradie Adviser reserves the right, at any time and without prior notice, to remove or disable access to any Account and/or Listing for any reason, including if any Accounts and/or Listings that Tradie Adviser, at its discretion, considers to be objectionable for any reason, in violation for these Terms, breaches any Tradie Adviser Policies, or otherwise harmful or inappropriate to the Site or Services.
(f) Tradie Adviser is not a party to any agreement entered into between a Customer and a Tradie. Tradie Adviser is not a referrer or booking agent, and provides no such related services. Tradie Adviser has no control over the conduct of Customers, Tradies and any other Users of the Site and Services. Tradie Adviser disclaims all liability in this regard, as set out in these Terms.
(g) Any arrangement between a Customer and a Tradie is solely between the Customer and Tradie. It is strictly and expressly not part of the User’s agreement with Tradie Adviser. Each User acknowledges and agrees that any communications entered into with another User is at his or her own risk. Tradie Adviser does not provide a User with and cannot guarantee other Users have genuine intentions.
4. Users and User Accounts
(b) Each User should report to Tradie Adviser, any activities or requests of Users which are, or which the User reasonably believes to be:
(iii) illegal; or
(iv) likely to have a negative effect on the reputation of Tradie Adviser, the Site, Services and/or a User.
(c) Each User acknowledges and agrees that while the Site allows Users to communicate with each other, Users are not permitted to share the contact information of other Users.
(d) For the avoidance of doubt, Tradie Adviser assumes no responsibility for a User’s compliance with any applicable laws, rules and regulations.
(e) Tradie Adviser reserves the right, at any time and without prior notice, to remove or disable access to any Account and/or Listing for any reason, including Accounts and/or Listings that Tradie Adviser, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
5. Ratings and Reviews
Rating and Review Integrity
(a) Customers may rate a Tradie (Rating) which determines the popularity of individual Listings after a Tradie has completed the Tradie Services. Customers may also provide feedback to Tradies regarding Tradie Services purchased by and supplied to that Customer (Review).
(b) Ratings and Reviews of a Tradie can be viewed by any User.
(c) Customers must provide true, fair and accurate information in their Review.
(d) Tradies may submit one response to any Reviews regarding their Listing.
(e) To the fullest extent permitted by law, Tradie Adviser is not responsible for the content of any Reviews.
(f) All Tradies pay the same annual Listing Fee, regardless of number of Ratings and Reviews, and regardless of how recent the Ratings and Reviews are, and regardless of whether the Ratings and Reviews are positive or negative.
(g) Listing rankings are based on the rating score for all Ratings received by that Tradie. Tradies cannot pay additional sums to change, edit or remove their Ratings and Reviews.
Alteration and Omission of Reviews
(h) All Tradies who claim their initial business directory listing, and create a Listing, will retain all Ratings and Reviews posted in the initial business directory listing within the previous 14 days, and will retain all future Ratings and Reviews, while the Tradie maintains the Listing.
(i) If a Tradie does not claim its initial business directory listing, all of their Ratings and Reviews, whether positive or negative, will expire 14 days after being posted, thus impacting the Tradie Listing ranking in the Directory.
(j) If, in Tradie Adviser’s reasonable assessment, the Rating or Review is untrue, unfair, inaccurate, offensive or inappropriate, Tradie Adviser may delete the Rating or Review or ban the Customer from posting the Rating or Review.
(k) Tradie Adviser does not undertake to review each Review made by a Customer.
(a) Customers are not required to pay any fees for using the Services or the Site but may be required to pay fees for Tradie Services as agreed between the Customer and the Tradie (Tradie Fees). Any arrangement between a Customer and the Tradie in relation to the purchase of Tradie Services including the payment of Tradies Fees, delivery of Tradie Services and any applicable insurance is strictly a matter between the Customer and Tradie. The payment of Tradie Fees does not take place via the Site and Tradie Adviser has no involvement in payment of the Tradie Fees in any way.
(b) Each Tradie must pay to Tradie Adviser the Listing Fee as set out on the Site to create and display Listings. If the Tradie would like to extend the Listing Period, the Tradie must pay to Tradie Adviser an additional fee for the Listing before the expiry of the Listing Period.
(c) Goods and Services Tax (GST) will be charged where applicable.
(d) The User may pay for the Services via PayPal. The initial payment will be processed upon receipt of the request to purchase a Listing. If the Tradie elects to make regular payments of the Listing Fee, each further payment will be automatically charged to the Tradie’s PayPal account (details of which are provided upon registration) on the relevant periodic basis.
(e) The Tradie must not pay, or attempt to pay, for a Listing through any fraudulent or unlawful means. If a Tradie’s payment is not able to be successfully processed or Tradie Adviser does not receive the relevant Listing Fee on the day it is due for any reason then, as applicable, the request for a Listing may be cancelled, the Tradie will not be able to access, modify or otherwise post their Listing and any Listing may be removed from the Site.
(f) In the absence of fraud or mistake, all payments made are final and the Tradie shall not have the right to cancel its purchase for any reason and each Tradie agrees to satisfy all such payments made, with exception to action taken under the Refund Policy set out in these Terms.
(g) If the Tradie makes a payment by debit or credit card, the Tradie warrants that the information provided to Tradie Adviser or the applicable third party payment service provider is true, accurate and complete, that the Tradie is authorised to use the debit or credit card to make the payment, that the payment will be honoured by the card issuer, and that the Tradie will maintain sufficient funds in the account to cover any purchase price including the Fees.
(h) Nothing prevents Tradie Adviser from taking any action necessary to recover any unpaid fees. If the Tradie fails to pay, the Tradie’s information will be passed on for collection and or legal action. The Tradie acknowledges and agrees that it is liable for and will pay all costs including debt collection, commission, solicitor’s fees and any out of pocket expense. If the User at any time exceeds Tradie Adviser’s payment terms and as a result are passed on for collection and or legal action, Tradie Adviser may place a default against the Tradie with a credit reporting agency.
(i) Tradie Adviser’s pricing structure or payment methods may be amended from time to time at its sole discretion.
7. Offers and Promotions
(a) Tradie Adviser may, from time to time, make offers or promotions which may be applicable to the Services.
(b) The conditions of such offers or promotions will be specified on the Site.
(c) The User acknowledges and agrees that Tradie Adviser may, at its sole discretion, remove or extend any offers or promotions, and Tradie Adviser will not be responsible or liable for any potential loss or damage which the User incurs as a result of the removal or extension of any offers or promotions.
8. Dispute Resolution
(a) By using our Site and Services, each User agrees that any legal remedy or liability that he or she may seek to obtain for actions or omissions of a Customer, Tradie, or other third party, will be limited to a claim against the Customer, Tradie or other third party, who caused harm to him or her. Tradie Adviser encourages Users to communicate directly with the relevant Customer, Tradie or third party to resolve any disputes.
(b) Tradie Adviser welcomes feedback from its Users. Tradie Adviser seeks to resolve concerns quickly and effectively. If any User has any feedback or questions about the Services, please contact any member of the staff.
(c) If there are any complaints from a User, Tradie Adviser will aim to respond and provide a suitable solution within 30 days. If a User is not satisfied with Tradie Adviser’s response, the User will be provided with information about a suitable dispute resolution service.
(d) Any attempts made by a party to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of either party under these Terms, by law or in equity.
9. Cancellation of Registration
(a) If a User wishes to cancel its registration, they must contact Tradie Adviser using the email at the bottom of these Terms.
(b) Any refunds applicable will be made in accordance with the Refund Policy set out in these Terms.
10. Refund Policy
(a) Tradie Adviser may provide a Tradie with a refund of the Listing Fee on a case-by-case basis and solely at Tradie Adviser’s discretion. Should a Tradie wish to request a refund of the Listing Fee, the Tradie must contact Tradie Adviser using the contact details at the end of the Terms.
(b) Any cancellation, exchange or refund of a Tradie Service is strictly a matter between the Customer and the Tradie. The terms and conditions agreed to between the Customer and Tradie should be set out clearly in respect of the Tradie Service.
11. Consumer Guarantees
(a) Consumer legislation in Australia including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) provides consumers with guarantees that cannot be excluded, restricted or modified (Rights). Similar consumer protection laws and regulations in other countries may provide consumers with similar guarantees.
(b) If the User is a consumer as defined in the ACL, the following notice applies to the User from Tradie Adviser: “We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.”
12. Intellectual Property
(a) All logos, slogans, content, designs, diagrams, drawings, graphics, images, layouts, appearance, videos, ideas, methods, databases, codes, algorithms, software, fees, pricing, notes, documents, domain names, confidential information, copyright, rights in circuit layouts (or similar rights), registered or unregistered trade marks, trade names, patent, know-how, trade secrets and any other intellectual or industrial property whether such rights are capable of being registered or not (collectively Intellectual Property), including but not limited to copyright which subsists in all creative and literary works displayed on the Site and Services, the layout, appearance and look of the Site, together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world, whether created before or after the date of these Terms and whether used or contained in the Site is owned, controlled or licensed to Tradie Adviser (or its affiliates and/or third party licensors as applicable).
(b) The User agrees that, as between the User and Tradie Adviser, Tradie Adviser owns or holds the relevant licence to all Intellectual Property rights in the Site and Services, and that nothing in these Terms constitutes a transfer of any Intellectual Property. The Intellectual Property, Site and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary or industrial rights whether such rights are capable of being registered or not, and also may have security components that protect digital information only as authorised by Tradie Adviser or the owner of the content.
(c) Some Intellectual Property used in connection with the Site and Services are the trademarks of their respective owners (collectively Third Party Marks).
(d) Tradie Adviser’s Intellectual Property and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Tradie Adviser or the applicable trademark holder or Intellectual Property owner.
(e) Users of the Site do not obtain any interest or licence in the Intellectual Property or Third Party Marks without the prior written permission of Tradie Adviser or the applicable Intellectual Property owner. Users may not do anything which interferes with or breaches the Intellectual Property rights.
13. User Licence
(a) Subject to these Terms, Tradie Adviser grants the User a personal, non-exclusive, non-transferable, limited and revocable licence to use the Site and Services for its own personal and/or non-commercial use only on a computer or mobile device owned or controlled by the User as permitted in accordance with these Terms (User Licence), and not to use the Site and Services in any other way or for any other purpose, apart from local fair dealing legislation in accordance with the Copyright Act 1968 (Cth). All other uses are prohibited without Tradie Adviser’s prior written consent.
(b) The right to use the Site and Services is licensed to the User and not being sold to the User. A User has no rights in the Site and Services other than to use it in accordance with these Terms.
(c) This Agreement and User Licence governs any updates to, or supplements or replacements for the Site and Services, unless separate Terms accompany such updates, supplements or replacements, in which case the separate Terms will apply.
14. Permitted and Prohibited Conduct
(a) The User is solely responsible for compliance with any and all laws, rules, regulations, including but not limited to tax obligations that may apply to its use of the Site and Services. In connection with the User’s use of the Site and Services, the User may not and agrees that it will not:
(i) use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms;
(ii) register for more than one Account or register for an Account on behalf of another individual and/or entity;
(iii) post any Review or upload any content (including but not limited to User Content) that is untrue, misleading, offensive, contains nudity or inappropriate language, contains racial or religious ranting or discrimination or defames another User or Listing;
(iv) submit any false or misleading information;
(v) as a Tradie, offer any Tradie Services that it does not intend to honour or cannot provide;
(vi) as a Tradie, upload any Tradie Content that is false, misleading or misrepresents the Tradie Services;
(vii) violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
(viii) copy, store or otherwise access any information contained on the Site and Services or content for purposes not expressly permitted by these Terms;
(ix) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(x) use the Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
(xi) use the Site or Services in connection with the distribution of unsolicited commercial email, i.e. spam or advertisements;
(xii) stalk or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a User on the Site;
(xiii) use, display, mirror or frame the Site, or any individual element within the Site, Services, Tradie Adviser’s name, any Tradie Adviser trademark, logo or other Intellectual Property, information, or the layout and design of any page or form contained on a page, without Tradie Adviser’s express written consent; or
(xiv) advocate, encourage, or assist any third party in doing any of the foregoing.
(a) The Site, Services, and Intellectual Property are protected by copyright, trademark, and other laws of Australia and international countries. The User acknowledges and agrees that the Site, Services and Intellectual Property, including all associated intellectual property rights are the exclusive property of Tradie Adviser and its licensors. The User will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site and Services, or Intellectual Property.
(b) The User must not post, upload, publish, submit or transmit any content that:
(i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
(ii) is fraudulent, false, misleading or deceptive;
(iii) denigrates Tradie Adviser, the Site, Services, a Customer, or a Tradie;
(iv) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
(v) is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
(vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or
(vii) promotes illegal or harmful activities or substances.
16. User Content
(a) Users are permitted to post, upload, publish, submit or transmit relevant information and content including but not limited to Tradie Content (User Content). By making available any User Content or any Intellectual Property on or through the Site and Services, the User grants to Tradie Adviser a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content and Intellectual Property, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content and Intellectual Property on, through, or by means of the Site and Services.
(b) The User agrees that it is solely responsible for all User Content and Intellectual Property that it makes available through the Site and Services. The User represents and warrants that:
(i) it is either the sole and exclusive owner of all User Content and Intellectual Property that it makes available through the Site and Services, or that it has all rights, licences, consents and releases that are necessary to grant to Tradie Adviser the rights in such User Content or Intellectual Property, as contemplated under these Terms; and
(ii) neither the User Content nor the posting, uploading, publication, submission or transmittal of the User Content or Tradie Adviser’s use of the User Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other Intellectual Property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
(c) Tradie Adviser may at its sole discretion remove any User Content that is offensive or in breach of these Terms.
(a) Tradie Adviser does not guarantee that Tradie Services will be requested by any Customers, nor does Tradie Adviser guarantee that Customers will be able to find desirable Tradie Services or the desirable Tradie.
(b) Tradie Adviser does not endorse any Customer, Tradie, Listing or Tradie Services. Tradie Adviser requires Customers and Tradies to confirm that they have provided accurate information. Tradie Adviser does not perform any sort of background checks of Customers and Tradies, and does not confirm any Customer or Tradie’s identity, Listing or Tradie Services.
(c) Tradie Adviser is an online introductory platform only and does not provide any manual or skilled labour. Tradie Adviser is not responsible for the actions of, or damage caused by, a Tradie or a Customer. Tradie Adviser is not liable for the quality, durability or suitability of any Tradie Services.
(d) Tradie Adviser cannot and does not control the content contained in any Listings or the condition, legality or suitability of any Tradie Services. Customers are responsible for determining the identity and suitability of Tradies that they contact via the Services and the Tradie Services.
(e) Tradie Adviser accepts no responsibility for and makes no representations or warranties to the User or to any other person or entity as to the reliability, accuracy or completeness of the information contained on the Site. Tradie Adviser disclaims any and all liability related to any and all Customers, Tradies, Listings and Tradie Services.
(f) Tradie Adviser recommends all Customers check the identification of the Tradie prior to the provision of the Tradie Services. Tradie Adviser also recommends all Tradies exercise due skill and care in verifying the identity of any Customer prior to the provision of the Tradie Services.
(g) By using the Site or Services, the User agrees that any legal remedy or liability that it seeks to obtain for actions or omissions of other Customers or Tradies or other third parties will be limited to a claim against the Customer or Tradie or other third party who caused it harm. Tradie Adviser encourages the User to communicate directly with the relevant Customer or Tradie on the Site and Services regarding any communications or arrangements made between them and to resolve any dispute between them.
(h) To the fullest extent allowable under applicable law, Tradie Adviser disclaims all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the Site or Services are merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non-infringing or free of defects or errors.
(i) For the avoidance of doubt, Tradie Adviser is not responsible for any duties, fees, taxation, visa, immigration or other legal or regulatory matters associated under these Terms. Tradie Adviser advises that all Users using the Site and Services should seek advice in relation to these matters.
(j) Each Customer and Tradie who uses the Site and the Services does so at their own risk.
(k) Tradie Adviser excludes all express and implied conditions and warranties, except for the User’s Rights, to the fullest extent permitted by law, including but not limited to:
(i) Tradie Adviser expressly disclaims any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms;
(ii) Tradie Adviser does not warrant that the Site, the Services, content on the Site (including pictures, videos, sound clips, resumes, links etc.), or the User’s access to the Site or the Services will be error free, that any defects will be corrected or that the Site or the server which stores and transmits material to the User is free of viruses or any other harmful components;
(iii) Tradie Adviser takes no responsibility for, and will not be liable for, the Site, the Services, the Customers, the Tradies and Tradie Services being unavailable, of a particular standard of workmanship, failing to meet the Listing description, failing to meet the User’s needs, or being of less than merchantable quality; and
(iv) Tradie Adviser will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special, consequential and/or incidental, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal, bodily injury, death or emotional distress, loss of revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on the User’s information systems or costs of replacement goods, or otherwise, suffered by the User or claims made against the User, arising out of or in connection with the Site, Services, content on the Site, inability to access or use the Site, the Services, any Listing and the Tradie Services or the Terms, even if Tradie Adviser was expressly advised of the likelihood of such loss or damage.
(l) The User agrees not to attempt to impose liability on, or seek any legal remedy from Tradie Adviser with respect to such actions or omissions.
18. Limitation of Liability
(a) Tradie Adviser’s total liability arising out of or in connection with the Site, the Services or the Terms, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed the total fees paid by the User to Tradie Adviser in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made, as applicable.
(b) The limitations of damages set forth above are fundamental elements of the basis of the bargain between Tradie Adviser and the User. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to the User.
(c) This limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Tradie Adviser.
(a) Each User agrees to defend and indemnify and hold Tradie Adviser (and Tradie Adviser’s parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to the User’s use of or access to the Services; any breach by the User of these Terms; any wilful, unlawful or negligent act or omission by the User; and any violation by the User of any applicable laws or the rights of any third party.
(b) Tradie Adviser reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defences.
(c) This defence and indemnification obligation will survive these Terms and the User’s use of the Site or Services. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by the User, but may be assigned by Tradie Adviser without restriction.
(a) Accuracy: While Tradie Adviser will endeavour to keep the information up to date and correct, Tradie Adviser makes no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site for any particular purpose. The User hereby acknowledges that such information and materials may contain mistakes, inaccuracies or errors and Tradie Adviser expressly excludes any liability for such to the fullest extent permissible by law.
(b) Termination: Tradie Adviser reserves the right to refuse supply of the Services required by any User, terminate any User’s Account, terminate its contract with any User, and remove or edit content on the Site at its sole discretion, without incurring any liability to the User. If Tradie Adviser decides to terminate a User’s Account any of the following may occur, with or without notice to the User: (a) the User’s Account will be deactivated, its password will be disabled and it will not be able to access the Site, Services, its Account or its User Content; (b) any pending or future Listing will be immediately terminated; (c) Tradie Adviser may communicate to the relevant Customer or Tradie that the Listing has been cancelled; (d) Tradie Adviser may contact Customers to inform them of potential alternative Tradie Services available from different Tradies on the Site and Services; and (e) the User will not be entitled to any compensation for Listings that were cancelled as a result of a suspension, deactivation or termination of their Account.
(c) Fraudulent Activities: Each User acknowledges and agrees that, in the event Tradie Adviser reasonably suspects that there are fraudulent activities occurring within the Site and Services, Tradie Adviser reserves the right to immediately terminate any Accounts involved in such activities, contact the relevant authorities and provide all necessary information to assist in proceedings and investigations.
(d) Force Majeure: Tradie Adviser will not be liable for any delay or failure to perform its obligations under the Terms if such delay is due to any circumstance beyond its reasonable control.
(e) Notice: Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other party.
(f) Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by Tradie Adviser of any of the Terms shall be effective unless Tradie Adviser expressly states that it is a waiver and Tradie Adviser communicates it to the User in writing.
(g) Assignment: A User must not assign any rights and obligations under the Terms whether in whole or in part without Tradie Adviser’s prior written consent.
(h) Severability: If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
(i) Jurisdiction and Applicable Law: These Terms, use of this Site, the Services and any dispute arising out of any User’s use of the Site or Services is subject to the laws of Victoria, Australia, and subject to the exclusive jurisdiction of the courts in Victoria. The Site may be accessed throughout Australia and overseas. Tradie Adviser makes no representation that the content of the Site complies with the laws (including intellectual property laws) of any country outside Australia. If a User accesses the Site from outside Australia, it does so as its own risk and are responsible for complying with the laws in the place where he/she accesses the Site.
(j) Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between Tradie Adviser and each User, and supersede any prior agreement, understanding or arrangement between Tradie Adviser and each User, whether oral or in writing.
For questions and notices, please contact:
Aleesha Reid Platt (ABN 86 931 050 299) t/a Tradie Adviser
PO Box 7207
Geelong West VIC 3218
Last update: 10 March 2017
LegalVision ILP Pty Ltd owns the copyright in this document and use without permission is prohibited.
If you do not wish to provide personal information to us, then you do not have to do so, however it may affect your use of this Site or any products and services offered on it.
1. Collection of personal information
Personal information: The type of information we collect may include:
* contact details including email address, address and telephone number;
* business details;
* date of birth;
* demographic information such as postcode;
* preferences and opinions; and
* any other information requested on this Site or otherwise requested by us or provided by you.
Your use of our Site: As with most online businesses, we may log information about your access and use of our Site, including through the use of Internet cookies, your communications with our Site, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider.
Your opinion and feedback: We may contact you to voluntarily respond to questionnaires, surveys or market research to seek your opinion and feedback. Providing this information is optional to you.
2. Collection and use of personal information
We collect and use the information for purposes including:
* to provide our services to you;
* to contact and communicate with you and if you are a business, to permit third party users to contact you;
* for internal record keeping;
* for market research and business development including website development;
* for marketing and promotional purposes including direct marketing;
* to send you promotional information about third parties that we think may be of interest to you; and
* for data analytics purposes.
3. Disclosure of personal information to third parties
We may disclose personal information to:
* credit reporting agencies and courts, tribunals and regulatory authorities where customers fail to pay for goods or services provided by us to them;
* courts, tribunals, regulatory authorities and law enforcement officers as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
* third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you. This may include parties located, or that store data, outside of Australia; and
* third parties to collect and process data including Google Analytics or another similar business. This may include parties that store data outside of Australia.
If there is a change of control of our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible by law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser. We would seek to only disclose information in good faith.
4. Your rights and controlling your personal information
Your provision of third party information: If you provide us with third party personal information then you warrant to us that you have the third party’s consent to provide this.
Access: You may request details of personal information that we hold about you, in certain circumstances set out in the Privacy Act 1988 (Cth). An administrative fee may be payable for the provision of information. We may refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.
Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us by email. We rely in part upon customers advising us when their personal information changes. We will respond to any request within a reasonable time. We will endeavour to promptly correct any information found to be inaccurate, incomplete or out of date.
Complaints: If you believe that we have breached the Australian Privacy Principles and wish to make a complaint about that breach, please contact us by email setting out details of the breach. We will promptly investigate your complaint and respond to you in writing setting out the outcome of our investigation, what steps we propose to take to remedy the breach and any other action we will take to deal with your complaint.
Unsubscribe: To unsubscribe from our e-mail database, or opt out of communications, please contact us using the details below.
5. Storage and Security
We are committed to ensuring that the information you provide is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
6. Cookies & Web Beacons
We may use web beacons on this Site from time to time. Web beacons or clear.gifs are small pieces of code placed on a web page to monitor the visitors’ behaviour and collect data about the visitors viewing a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.
We may use Google Analytics to collect and process data. To find out how Google uses data when you use third party websites or applications, please see www.google.com/policies/privacy/partners/ or any other URL Google may use from time to time.
7. Links to other websites
For any questions or notice, please contact our Privacy Officer at:
Aleesha Reid Platt (ABN 86 931 050 299) t/a Tradie Adviser
PO Box 7027
Geelong West VIC 3218
Last update: 10 March 2017
LegalVision ILP Pty Ltd owns the copyright in this document and use without permission is prohibited.