Terms and Conditions
Tradie Trove Pty Ltd (ABN 36 607 837 612) t/a Tradie Trove (referred to as Tradie Trove) 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 Tradie (Customers); searchable directory of jobs requiring Tradies; platform to contact a tradesman who can provide general assistance with defining the scope of a project, the type of work required and the Tradies required to complete such work (Job Assist Provider); and payment platform (collectively, the Services). The Services are available on the Tradie Trove website at tradietrove.com.au (Site).
THE SITE AND SERVICES ARE PROVIDED TO A USER ON AN “AS IS” BASIS. EACH USER IS SOLELY RESPONSIBLE FOR MAKING THEIR OWN ENQUIRIES REGARDING THE SUITABILITY OF THE SITE, SERVICES, TRADIES, JOB ASSIST REQUEST AND ANY OTHER INFORMATION OR CONTENT AS SET OUT ON THE SITE OR OTHERWISE PROVIDED VIA THE SERVICES. PLEASE SEE CLAUSE 18 FOR TRADIE TROVE’S COMPLETE DISCLAIMERS.
Acceptance of Terms
- These Marketplace Terms and Conditions (Terms) form a binding legal agreement between Tradie Trove, its directors, officers, employees, successors and assignees, and each person, organisation or entity using the Services including but not limited to Tradies, Job Assist Providers and Customers (collectively referred to as Users, each referred to as a 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 Trove using the contact details at the end of these Terms.
The User’s use of the Site and the Services indicates that:
- the User has had sufficient opportunity to access these Terms and contact Tradie Trove;
- the User has read, accepted and will comply with the Terms;
- the User has legal capacity to enter into a contract for sale; and
- the User is 18 years or older.
- 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 Trove will use reasonable endeavours to notify Users regarding amendments to the Terms via email, Tradie Trove recommends that each User check the current Terms before continuing use of the Services. Tradie Trove’s agents, employees and third parties do not have authority to change the Terms.
- A User can browse the Site and view certain content as a free User of the Site. A User must register on the Site and 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 is subject to whether they register for an Account as a Customer, Tradie or as a Job Assist Provider.
- Each User may only have one (1) Account on the Site and create a public profile visible to all Users (Profile). Each User is responsible for its own Account and Profile.
- 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. Additional criteria may be set via the Site in respect of certain types of Account, such as in respect of Tradies that wish to also register as a Job Assist Provider.
- 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 Trove 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 Trove proves to be inaccurate, not current or incomplete.
- 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.
- The User will immediately notify Tradie Trove of any unauthorised use of its Account.
Introductory Service Only
- The Site and the Services provide a payment platform, platform to request the services of a Job Assist Provider, searchable directory of requests for Tradie services (Tradie Services) and an introductory service between Customers and Tradies.
Customers with an Account will be able to:
- submit a request to obtain services from a Job Assist Provider via the Site (Job Assist Request);
- create a listing (Listing) on the Site specifying the Tradie Services, scope of the services, the skills required, budget, the required delivery time the Customer requires for the Tradie Services, where they require the supply of Tradie Services (Service Location) and any other criteria or service deliverables applicable to the requested Tradie Services; and
- submit an ‘urgent’ request (or similar, as described from time to time on the Site) via the Site to obtain a response from a Tradie for Tradie Services as described on the Site (Urgent Work Request).
- Listings are available for a period of time (Listing Period). Listing Periods may be stipulated on the Site. A Customer may renew a Listing prior to the expiry of the Listing Period. A Customer must remove a Listing if they are no longer intending to accept quotes (Quotes) for the Listing or no longer require the Tradie Services.
- Tradies with an Account and located within a certain radius of the Service Location will be able to respond to the Listing by way of a Quote setting out the Tradie Services they can provide, whether they can deliver Tradie Services in the timeframe specified in a Listing or estimated delivery time, applicable fees (Tradies Fees) and any applicable payment terms. Quotes are available for acceptance by a Customer until the Quote is accepted or for a period of 14 days after expiry of the Listing Period for the applicable Listing.
- A Customer may accept or reject a Quote at their discretion. If a Customer accepts a Quote via the Site, a confirmation notice will be issued via email to the Tradie who submitted the accepted Quote (Confirmation Notice), the Listing will be removed and will no longer be available on the Site. A binding agreement comes into existence between a Customer and a Tradie once a Confirmation Notice is issued to a Tradie.
- Each User understands and agrees that the Site is an online introductory platform only, and that Tradie Trove’s responsibilities are limited to facilitating the availability of the Site and the Services.
Tradie Trove reserves the right, at any time and without prior notice, to remove or disable access to any Account, Profile and/or Listing for any reason, including:
- if a Tradie fails to perform the Tradie Services required in respect of an accepted Quote on three or more occasions; or
- Accounts, Profiles and/or Listings that Tradie Trove, at its discretion, considers to be objectionable for any reason, in violation for these Terms, breaches any Tradie Trove Policies, or otherwise harmful or inappropriate to the Site or Services.
- Tradie Trove is not a party to any agreement entered into between any Users, whether such agreement is between a Customer and a Job Assist Provider, in connection with an Urgent Work Request or any other arrangement between a Customer and a Tradie. Tradie Trove is not a referrer or booking agent, and provides no such related services. Tradie Trove has no control over the conduct of Customers, Tradies and any other Users of the Site and the Services. Tradie Trove disclaims all liability in this regard, as set out in these Terms.
- Any arrangement between (i) a Customer and a Tradie is solely between the Customer and the Tradie; or (ii) the Customer and the Job Assist Provider, is solely between the Customer and the Job Assist Provider. It is strictly and expressly not part of the User’s agreement with Tradie Trove. Each User acknowledges and agrees that any communications entered into with another User is at his or her own risk. Tradie Trove does not provide a User with and cannot guarantee other Users have genuine intentions.
Urgent Work Request – Additional Terms
- A Customer must provide the information set out on the Site and pay to Tradie Trove a fee to submit an Urgent Work Request (Processing Fee). Each Customer submitting an Urgent Work Request acknowledges and agrees that a Tradie’s fees for any Tradie Services supplied pursuant to an Urgent Work Request (Urgent Work Fees) will be as set out on the Tradie Trove Price Callout Guide (Guide) available on the Site.
- An Urgent Work Request submitted by a Customer will remain valid for a period of time as set out on the Site (Request Period).
- Tradies with an Account satisfying the criteria set out on the Site in respect of being eligible to receive notification of Urgent Work Requests may receive notification(s) regarding Urgent Work Requests. Upon receipt of such notification, the Tradie may respond to the Urgent Work Request during the Request Period via the Site. The first Tradie to submit a response to an Urgent Work Request will be deemed to have accepted the Urgent Work Request and the Customer will receive notice of such acceptance (Urgent Work Confirmation).
- If, after expiry of a Request Period, an Urgent Work Request has not yet been accepted by a Tradie, Tradie Trove will notify the Customer who submitted the Urgent Work Request and Tradie Trove will refund the Call Out Fee paid by the Customer and the Customer will not have to pay any Urgent Work Fees.
If a Tradie responds to a notification regarding an Urgent Work Request, the Tradie acknowledges and agrees that:
- any Urgent Work Fees set out in the Guide is a recommended amount and the Tradie has the right to charge fees that are less than the Urgent Work Fees set out in the Guide or negotiate an Urgent Work Fee that are lower than the fee set out in the Guide;
- they must contact the Customer and attend the Customer’s Service Location within the time frame set out on the Site; and
- if the Tradie fails to respond to the Customer and commence the work as specified in the Urgent Work Request whether by attending the Customer’s Service Location or otherwise, Tradie Trove reserves the right, at any time without prior notice, to remove or disable that Tradie’s access to notifications about Urgent Work Requests.
Users and User Profiles
- Users who have created an Account are permitted to create Profiles. The User’s Profile for its use of the Site is created from the personal and, where applicable business information it provides to Tradie Trove.
Each User should report to Tradie Trove, any activities or requests of Users which are, or which the User reasonably believes to be:
- illegal; or
- likely to have a negative effect on the reputation of Tradie Trove, the Site, Services and/or a User.
- 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.
Each User represents and warrants that any content that it provides and Profile and Listing that it posts:
- will not breach any agreements it has entered into with any third parties;
- 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
- will not conflict with the rights of third parties.
- For the avoidance of doubt, Tradie Trove assumes no responsibility for a User’s compliance with any applicable laws, rules and regulations.
- Tradie Trove reserves the right, at any time and without prior notice, to remove or disable access to any Account and/or Profile and/or Listing for any reason, including Accounts and/or Profiles and/or Listings that Tradie Trove, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
Ratings and Reviews
- Customers may rate a Tradie (Rating) which determines the popularity of individual Profiles after a Tradie has completed Tradie Services. Customers may also provide feedback to Tradies regarding Tradie Services purchased by and supplied to that Customer (Review).
- Ratings and Reviews of a Tradie can be viewed by any User. Ratings and Reviews will remain viewable until the relevant Tradie’s Account and Profile are removed or terminated.
- Customers must provide true, fair and accurate information in their Review.
- If, in Tradie Trove’s reasonable assessment, the Review is untrue, unfair, inaccurate, offensive or inappropriate, Tradie Trove may delete the Review or ban the Customer from posting the Review. Tradie Trove does not undertake to review each Review made by a Customer.
- To the fullest extent permitted by law, Tradie Trove is not responsible for the content of any Reviews.
- If a Tradie consistently receives low Rating or poor reviews, Tradie Trove may terminate the Tradie’s Account, remove the Tradie’s Profile and stop providing the Tradie with the Services at its absolute discretion.
Customers acknowledge that the use of the Services may result in charges to them as set out on the Site including:
- if they request Tradie Services, any Tradie Fees;
- if they submit a Job Assist Request, any fees for the Job Assist Provider fulfilling the Job Assist Request (Job Assist Fee) as agreed between the Customer and the Job Assist Provider;
- if they submit an Urgent Work Request, any Urgent Work Fees; and
- a call out fee payable to Tradie Trove for any Job Assist Request (Call Out Fee), a Processing Fee for submitting any Urgent Work Request or any other fees for the Services (such fees together with the Call Out Fee and Processing Fee collectively referred to as Service Fees), any applicable insurance and taxes and other fees as set out on the Site, (collectively referred to as Fees).
Each Customer agrees to pay:
- the Service Fees as set out on the Site at the time that it accepts a Quote, submits a Job Assist Request or an Urgent Work Request; and
- any other applicable Fees, in the currency specified and in the manner set out on the Site or otherwise notified to the Customer.
- Goods and Services Tax (GST) will be charged where applicable.
- The User may pay for the Services by eWAY. The initial payment will be processed upon acceptance of a Quote and the Customer issues a Confirmation Notice. The Customer must not pay, or attempt to pay, for the Services through any fraudulent or unlawful means. If a Customer’s payment is not able to be successfully processed or Tradie Trove does not receive the relevant Service Fee for any reason then, as applicable, the Customer will not be able to accept a Quote and issue a Confirmation Notice.
- In the absence of fraud or mistake, all payments made are final and the User shall not have the right to cancel its purchase for any reason and further each User agrees to satisfy all such payments made, with exception to action taken under the Refund Policy set out in these Terms.
- If the User makes a payment by debit or credit card including via eWay, the User warrants that the information provided to Tradie Trove or the applicable third party payment service provider is true, accurate and complete, that the User 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 User will maintain sufficient funds in the account to cover any purchase price including the Fees.
- Nothing prevents Tradie Trove from taking any action necessary to recover any unpaid fees. If the User fails to pay, the User’s information will be passed on for collection and or legal action. The User 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 Trove’s payment terms and as a result are passed on for collection and or legal action, Tradie Trove may place a default against the User with a credit reporting agency.
- Tradie Trove’s pricing structure or payment methods may be amended from time to time at its sole discretion.
- Customers acknowledge that the use of the Services may result in charges to them as set out on the Site including:
Offers and Promotions
- Tradie Trove may, from time to time, make offers or promotions which may be applicable to the Services.
- The conditions of such offers or promotions will be specified on the Site.
- The User acknowledges and agrees that Tradie Trove may, at its sole discretion, remove or extend any offers or promotions, and Tradie Trove 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.
- 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 Trove encourages Users to communicate directly with the relevant Customer, Tradie or third party to resolve any disputes.
- Tradie Trove welcomes feedback from its Users. Tradie Trove 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.
- If there are any complaints from a User, Tradie Trove will aim to respond and provide a suitable solution within 45 days. If a User is not satisfied with Tradie Trove’s response, the User will be provided with information about a suitable dispute resolution service.
- 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.
Cancellation of Registration
- If a User wishes to cancel its registration, they can deactivate their Account at any time via the Site.
- Any refunds applicable will be made in accordance with the Refund Policy set out in these Terms.
- If a Tradie fails to attend a Customer’s Service Location after responding to an Urgent Work Request and the Customer receives an Urgent Work Confirmation, Tradie Trove will refund to the Customer the Processing Fee paid for submitting that Urgent Work Request.
- Tradie Trove may provide a Customer with a refund of any Service Fees on a case-by-case basis and solely at Tradie Trove’s discretion. Should a Customer wish to request a refund of any Service Fees, the Customer must contact Tradie Trove using the contact details at the end of the Terms.
- Any cancellation of a Tradie Service by a Tradie and any refund of an applicable fee (including but not limited to any Tradies Fees, Job Assist Fees or Urgent Work Request Fees) is strictly a matter between the Users including between a Customer and a Tradie; or a Customer and a Job Assist Provider (as applicable). The terms and conditions agreed to between the Customer and the relevant Tradie should be set out clearly in the Quote in respect of the Tradie Service.
- 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 Trove: “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 or 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.”
- 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 trademarks, 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 Trove (or its affiliates and/or third party licensors as applicable).
- The User agrees that, as between the User and Tradie Trove, Tradie Trove 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 Trove or the owner of the content.
- Some Intellectual Property used in connection with the Site and Services are the trademarks of their respective owners (collectively Third Party Marks).
- Tradie Trove’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 Trove or the applicable trademark holder or Intellectual Property owner.
- 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 Trove or the applicable Intellectual Property owner. Users may not do anything which interferes with or breaches the Intellectual Property rights.
- Subject to these Terms, Tradie Trove 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 Trove’s prior written consent.
- 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.
- 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.
Permitted and Prohibited Conduct
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:
- use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms;
- register for more than one Account or register for an Account on behalf of another individual and/or entity;
- use the Services to find a Tradie and then complete, or assist another individual to complete, a Booking or transaction independent of the Services in order to circumvent the obligation to pay any fees related to Tradie Trove’s provision of the Services;
- post any Review or upload any content (including but not limited to User Content) that is offensive, contains nudity or inappropriate language, contains racial or religious ranting or discrimination or defames another User or Profile;
- submit any false or misleading information;
- as a Tradie, offer any Tradie Services that it does not intend to honour or cannot provide;
- as a Customer, make any Listings or accept any Quotes it does not intend to honour;
- 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;
- copy, store or otherwise access any information contained on the Site and Services or content for purposes not expressly permitted by these Terms;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- 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;
- use the Site or Services in connection with the distribution of unsolicited commercial email, i.e. spam or advertisements;
- 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;
- use, display, mirror or frame the Site, or any individual element within the Site, Services, Tradie Trove’s name, any Tradie Trove trademark, logo or other Intellectual Property, information, or the layout and design of any page or form contained on a page, without Tradie Trove’s express written consent; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
- 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:
- 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 Trove 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.
The User must not post, upload, publish, submit or transmit any content that:
- 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;
- is fraudulent, false, misleading or deceptive;
- denigrates Tradie Trove, the Site, Services, a Customer, or a Tradie;
- violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- is violent or threatening or promotes violence or actions that are threatening to any other person; or
- promotes illegal or harmful activities or substances.
- Users are permitted to post, upload, publish, submit or transmit relevant information and 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 Trove 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.
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:
- 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 Trove the rights in such User Content or Intellectual Property, as contemplated under these Terms; and
- neither the User Content nor the posting, uploading, publication, submission or transmittal of the User Content or Tradie Trove’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.
- Tradie Trove may at its sole discretion remove any User Content that is offensive or in breach of these Terms.
- Tradie Trove does not guarantee that Tradie Services or Job Assist Requests will be requested by any Customers, nor does Tradie Trove guarantee that Customers will be able to find desirable Tradie Services, the desirable Tradie or Job Assist Provider or a Tradie for Urgent Work Requests.
- Tradie Trove does not endorse any Customer, Tradie, Job Assist Provider, Profile, Listing or Tradie Services. Tradie Trove requires all Users including but not limited to Customers, Tradies and Job Assist Providers to confirm that they have provided accurate information. Tradie Trove does not perform any sort of background checks, of Customers, Tradies or Job Assist Providers and does not confirm the identity of any Customer, Tradie or Job Assist Provider, their certification and/or licensing, competency, insurance or solvency, Profile, Listing or Tradie Services.
- Tradie Trove is an online introductory platform only and does not provide any manual or skilled labour. Tradie Trove is not responsible for the actions of, or damage caused by, a Tradie, a Job Assist Provider or a Customer. Tradie Trove is not liable for the quality, durability or suitability of any Tradie Services.
- Tradie Trove cannot and does not control the content contained in any Profiles or 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.
- Tradie Trove 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 Trove disclaims any and all liability related to any and all Customers, Tradies, Profiles, Listings and Tradie Services.
- Tradie Trove recommends all Customers check the identification of the Tradie prior to the provision of the Tradie Services. Tradie Trove also recommends all Tradies exercise due skill and care in verifying the identity of any Customer prior to the provision of the Tradie Services.
- 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 Trove 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.
- To the fullest extent allowable under applicable law, Tradie Trove 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.
- For the avoidance of doubt, Tradie Trove is not responsible for any duties, fees, taxation, visa, immigration or other legal or regulatory matters associated under these Terms. Tradie Trove advises that all Users using the Site and Services should seek advice in relation to these matters.
- Each Customer and Tradie who uses the Site and the Services does so at their own risk.
Tradie Trove 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:
- Tradie Trove expressly disclaims any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms;
- Tradie Trove 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;
- Tradie Trove 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 Profile description, failing to meet the Quote description, failing to meet the User’s needs, or being of less than merchantable quality; and
- Tradie Trove 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 Profile, any Listing, any Quote and the Tradie Services or the Terms, even if Tradie Trove was expressly advised of the likelihood of such loss or damage.
- The User agrees not to attempt to impose liability on, or seek any legal remedy from Tradie Trove with respect to such actions or omissions.
Limitation of Liability
- Tradie Trove’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 Trove 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.
- The limitations of damages set forth above are fundamental elements of the basis of the bargain between Tradie Trove 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.
- 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 Trove.
- Each User agrees to defend and indemnify and hold Tradie Trove (and Tradie Trove’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.
- Tradie Trove 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.
- 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 Trove without restriction.
- Accuracy: While Tradie Trove will endeavour to keep the information up to date and correct, Tradie Trove 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 Trove expressly excludes any liability for such to the fullest extent permissible by law.
- Termination: Tradie Trove 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 Trove 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 or Quote will be immediately terminated; (c) Tradie Trove may communicate to the relevant Customer or Tradie that the Listing or Quote has been cancelled; (d) Tradie Trove 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 or Quotes that were cancelled as a result of a suspension, deactivation or termination of their Account.
- Fraudulent Activities: Each User acknowledges and agrees that, in the event Tradie Trove reasonably suspects that there are fraudulent activities occurring within the Site and Services, Tradie Trove 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.
- Force Majeure: Tradie Trove 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.
- 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.
- 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 Trove of any of the Terms shall be effective unless Tradie Trove expressly states that it is a waiver and Tradie Trove communicates it to the User in writing.
- Assignment: A User must not assign any rights and obligations under the Terms whether in whole or in part without Tradie Trove’s prior written consent.
- 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.
- 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 Queensland, Australia, and subject to the exclusive jurisdiction of the Queensland courts. The Site may be accessed throughout Australia and overseas. Tradie Trove 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.
- Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between Tradie Trove and each User, and supersede any prior agreement, understanding or arrangement between Tradie Trove and each User, whether oral or in writing.
For questions and notices, please contact:
Tradie Trove Pty Ltd (ABN 36 607 837 612) t/a Tradie Trove
15 Beak St
Gracemere Qld 4702
LegalVision ILP Pty Ltd owns the copyright in this document and use without permission is prohibited.