User Agreement

This User Agreement was last modified on 01 January 2019.

This User Agreement describes the terms and conditions which you accept by using this Website or any other services, tools and applications made available to you through this Website. Various linked notices, disclaimers and policies are referenced in this User Agreement.

Definitions

"Account" or “User Account” means the account associated with a User email address.

"End User" or “Service Seeker” or “Project Owner” means a User that purchases Tradie Services (Services) or identifies a Tradie (Service Provider) through the Website. A User may be both an End User (Service Seeker) and Tradie (Service Provider) under this agreement.

End User Profile” means a Microsite with a unique End User Name.

"Inactive Account" means a User Account that has not been logged into for a 6 month period, or other period determined by us from time to time.

"Intellectual Property Rights" means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including: (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.

"Local Project" or “Local Projects” means a service we provide to match an End User (Service Seeker) with a Tradie (Service Provider) in relation to the provision of location specific services.

Microsite” means a small cluster of pages, which together constitute a User Profile or Tradie Profile within the Website.

"Project", "Project Post” or “Project Listing" means a job or task offered or awarded by an End User (Service Seeker) via the Website, which may include a Project listed by an End User (Service Seeker) or a Project awarded by an End User (Service Seeker).

Project Leads” means the email messages that are regularly sent out to Tradies (Service Providers) notifying them when a project in their nominated served areas has been posted to the Website.

Referral” means the email message, containing a Referral URL, that the Referrer sends to the Referee encouraging them to join TradiePortal.com.au.

Referral Program” means our process for promoting the Website to new Users through Email Referrals.

Referral URL” means the web link that is contained within the Referral, via which a Referee must sign up to successfully complete the Referral process.

Referee” means the new User that does not have existing User Accounts on the Website.

Referrer” means a User with existing User Account on the Website that sends out an Email Referral.

"Tradie" or “Service Provider” means a User that offers and provides services or identifies as a Tradie through the Website. A User may be both an End User (Service Seeker) and Tradie (Service Provider) under this agreement.

TradiePortal.com.au”, “Tradie Portal”, "we", "our", "us", “company”, or “the company” mean TradiePortal.com.au (ABN 80 223 102 043).

Tradie Name” is a business name, company name, corporation name, trust name, partnership name, or other non-individual corporate entity, which is associated with a particular User Account.  

Tradie Portal Forum”, "The Forum" or “Forum” mean the online discussion forum integrated within the Website where the Users can have interactive discussions on Services and any other topics that do not violate this User Agreement.

Tradie Profile” is a Microsite with a unique Tradie Name.

TradiePortal.com.au Verified” means Users that have been satisfactorily verified under the Identity and User Verification Policy.

"TradiePortal.com.au Services" or “Tradie Portal Services” mean all services provided by us to you.

Tradie Services” or "Services" means all services provided by a Tradie or a Service Provider.

User”, "you" or "your" means an individual who visits or uses the Website.

"User Contract" means: (1) this User Agreement; (2) the Code of Conduct as amended from time to time; (3) any other contractual provisions accepted by both the Seller and Buyer uploaded to the Website, to the extent the contractual provisions are not inconsistent with the User Agreement and the Code of Conduct; (4) the Project terms as awarded and accepted on the Website, to the extent the Project terms are not inconsistent with the User Agreement and the Code of Conduct; and (5) any other material incorporated by reference from time to time.

User-Generated Content” means data, text, messages, files, names, likenesses, logos, artwork, graphics, images, video, audio, and other content or material uploaded, sent or communicated by you or on your behalf to the Website or the Forum.

User Name” means the identification used to identify a User Account on the Website.

Verification” or “Verifications” or “Verified” means that TradiePortal.com.au has checked and confirmed that: (1) the ABN or ACN submitted by the Tradie is legitimate (as listed on http://abr.business.gov.au); (2) Trade Qualification and Skills Accreditations provided by the Tradie are issued by Registered Training Organisations (RTO); (3) Trade Licences provided by the Tradie are issued by the relevant licencing authorities; (4) email address provided by a User is valid; (5) phone numbers provided by a User is valid; (6) Facebook URL provided by a User is valid; (7) Twitter URL provided by a User is valid; (8) Google+ URL provided by a User is valid; and (8) LinkedIn URL provided by a User is valid.

"Website" means the Website operated by TradiePortal.com.au and available at TradiePortal.com.au and any of its regional or other domains or properties, and any related TradiePortal.com.au services, tools or applications, specifically including mobile web, any iOS App and any Android App.

1.  Overview

The Website is a tradie services marketplace that provides a simple and safe way to connect Tradies (Service Providers) with End Users (Service Seekers). Covering a wide range of services from simple tasks such as home cleaning and garden maintenance to complex projects such as renovations and new builds. The Website provides the End Users (Service Seekers) with full control of the Tradie (Service Provider) hiring and project (service) implementation process. The marketplace provides Tradies (Service Providers) with full feature microsites and full control of the project bidding process. In addition to the project messaging board and internal messaging service, End Users (Service Seekers) and Tradies (Service Providers) have access to the Website integrated full feature Forum enabling interactive discussions on any topics that do not violate this User Agreement.

The following provisions govern your use of the Website and all other services, tools and applications made available to you through the Website. Please read these terms and conditions carefully before using the Website. By using or accessing the Website, you agree to be bound by these Terms and Conditions and any linked notices, disclaimers and policies contained within the Website as they apply from time to time, which together constitute a contract between you and us. Should you not agree to the provisions contained in these Terms and Conditions, DO NOT use the Website.

We may amend these Terms and Conditions and any linked notices, disclaimers and policies at any time, without notice, which will become effective upon being published on the Website. It is your obligation to periodically review these Terms and Conditions and the linked notices, disclaimers and policies as your continued use of the Website and the related services, tools or applications constitutes your acceptance of and agreement to any revised Terms and Conditions.

We may, from time to time, and without notice, change or add to the Website or the information, products or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if any error occurs in the information on the Website or if that information is not current.

2.  Scope

Before using the Website, you must read the whole User Agreement and any linked notices, disclaimers and policies referenced in this User Agreement.

You must read and accept all of the terms in, and linked to, this User Agreement, the Code of Conduct, the Privacy Policy and all Website notices, disclaimers and policies. By accessing the Website, or other services, tools and applications made available to you through the Website, you agree that this User Agreement will apply whenever you use the Website, or any other services, tools and applications made available to you through the Website. Any additional terms, notices, disclaimers and policies may apply to, and will be made available to you when you access, the Website related services, tools and applications.

3.  Eligibility

You will not use the Website if you:

  1. are not able to form legally binding contracts;
  2. are under the age of 18;
  3. are barred from receiving or rendering services under the laws of Australia or other applicable jurisdiction;
  4. are suspended from using the Website; or
  5. do not hold a valid email address.

All User Accounts are associated with individuals. Sign In credentials should not be shared by Users with others. The individual associated with the User Account will be held responsible for all actions taken by the User Account, without limitation.

Users may create a Tradie Profile with a unique Tradie Name (business name, company name, corporation name, trust name, partnership name, or other non-individual corporate entity), which is associated with the User Account. Users acknowledge and agree that where a Tradie Name is associated with their Account, this User Agreement is a contract with the User as an individual (not a contract with the business, company, corporation, trust, partnership, or other non-individual corporate entity) and Users remain solely responsible for all activity undertaken in respect of their User Account.

We may, at our absolute discretion, refuse to register any person as a User. All Tradie Profiles are subject to our review and approval before they become active.

You cannot transfer or assign any rights or obligations you have under this User Agreement.

4.  Using the Website

We are not a party to any contractual agreements between End User (Service Seeker) and Tradie (Service Provider) in the marketplace, we merely facilitate connections between the parties. We place the responsibility on the End Users (Service Seekers) and Tradies (Service Providers) to operate within the law and expect them to research legalities they are not sure of. In short it is your responsibility to obey the law of the land. As a condition of your use you agree NOT to:

  1. break any laws, third party rights or any of our notices, disclaimers and policies, such as the Privacy Policy and Code of Conduct;
  2. distribute spam, unsolicited or bulk electronic communications, chain letters or present pyramid schemes (pyramid selling opportunities);
  3. use content you are not authorised to use;
  4. be fraudulent or misleading in your use of the Website;
  5. attempt to phish or harvest information from the Website User Accounts;
  6. attempt in any way to interfere with the smooth operation of the Website;
  7. cause the reputation of the Website to be tarnished in any way;
  8. behave in ways that will cause offence to any other Website user;
  9. post false, inaccurate, misleading, deceptive, defamatory or offensive content;
  10. post content or items in inappropriate categories or areas on the Website;
  11. fail to deliver payment for services delivered to you (note that TradiePortal.com.au does not administer service payments; it is the responsibility of the End User and Tradie to make arrangement for Service Payments as detailed in Clause 8 (Payment Administration) of this User Agreement);
  12. fail to deliver Tradie Services for which you were hired to deliver;
  13. circumvent or manipulate our fee structure or the billing process;
  14. take any action that may undermine the feedback or reputation system (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the Website);
  15. transfer your User Account, Username or Tradie Profile to another user;
  16. distribute viruses or any other technologies that may harm Tradie Portal, the Website, or the interests or property of Users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
  17. download and aggregate listings from the Website for display with listings from other websites without our express written permission, "frame", "mirror" or otherwise incorporate any part of the Website into any other website without our prior written authorisation;
  18. attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website; or
  19. copy, modify or distribute rights or content from the Website or our copyrights and trademarks.

5.  Intellectual Property Rights infringement

It is our policy to respond to clear notices of alleged intellectual property rights infringement. Our Copyright Infringement Policy is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. If you believe that your Intellectual Property Rights have been violated, please contact our Customer Support Team and we will investigate.

6.  Membership and Service Fees

Our Membership and Service Fees are as detailed in Fees & Charges Policy, Membership Plans and Banner Advertisements. We may amend the Membership and Service Fees from time to time, without notice, which will become effective upon being published on the Website. We may choose to temporarily amend the Membership and Service Fees for promotional events, such as discounts on Membership Plans, Banner Advertisements or new services, with such temporary amendments becoming effective upon being published on the Website and as notified through promotional correspondence. Unless otherwise stated, all fees are quoted in Australian Dollars.

Project Commissions

Other than the Membership and Service Fees as detailed in Fees & Charges Policy, Membership Plans and Banner Advertisements, we do not charge any other project commissions.

Referral Program

Our Referral Program comprises of the following:

  1. If you are an End User, you will be rewarded with a free Featured Project for each Referral that leads to a new successful and verifiable sign up.
  2. If you are a Tradie, you will be rewarded with 10 free project bids for each Referral that leads to a new successful and verifiable sign up.
  3. Each Referee that successfully signs up via a Referral URL and creates a new User Account and posts a project before creating a Tradie Profile will be rewarded with a free Featured Project.
  4. Each Referee that successfully signs up via a Referral URL and create a new User Account and a new Tradie Profile before posting a project will be rewarded with 10 free projects bids.

The above outlined Referral Program is subject to the following conditions:

  1. The Referrer must have an existing User Account on the Website.
  2. The Referee must be referred using a specific Referral URL (Referral Link).
  3. All other elements of this User Agreement continue to apply.
  4. All other elements of the Membership and Service Fees as detailed in User Fees and Tradie Fees; and
  5. We reserve the right to cancel or amend the Referral Program at any time.

7.  Taxes

As outlined in Clause 8, we do not administer any payments relating to projects or any other services between Users. End Users and Tradies are fully responsible for making their own payment arrangements.

Users are responsible for paying GST and all other taxes applicable in Australia. You acknowledge that you must comply with your obligations under income tax provisions in your jurisdiction.

Our Membership and Services Fees as detailed in Fees & Charges PolicyMembership Plans and Banner Advertisements  are subject to GST and all other taxes applicable in Australia. You acknowledge that these taxes will be added to Fees billed to you, if applicable.

8.  Payment Administration

Payments relating to Projects and any other Services between Users

We do not administer any payments relating to projects or any other services between Users. End Users and Tradies are fully responsible for making their own payment arrangements. Without limiting Clause 4 (Using the Website), as a condition of use, you acknowledge that you must not:

  1. fail to deliver payment for services delivered to you; and
  2. fail to deliver Tradie Services for which you were hired to deliver.

You agree to indemnify TradiePortal.com.au against any and all claims against it for any failure to deliver payment for Services delivered to you or failure to deliver Services for which you were hired to deliver.

Payments relating to our membership and services fees (as detailed in Clause 6)

All your data, including payments, personal information and passwords, is protected using the highest commercially available 256-bit SSL encryption technology. We make every effort to ensure that your information will not be intercepted or compromised.

TradiePortal.com.au only accepts payments relating to our membership and services fees (as detailed in Clause 6) via PayPal. We do not collect credit card information. PayPal automatically encrypts all sensitive credit card information sent between your computer and PayPal's servers and does not share this information with TradiePortal.com.au. To find out more about how PayPal protects buyers, visit www.paypal.com

Additional Security Steps

It is imperative that all web browsers installed on your computer are properly and securely configured. You can configure your web browsers to:

  1. disable web browser features that can cause computer vulnerabilities
  2. tell you when your details are being sent
  3. warn you if your details are not being sent in a secure way.

To securely configure each of the browsers installed on your computer, we recommend that you follow the detailed and comprehensive instructions available here. Additional information on ‘How to Clear Your Browser’s Cookies’ can be found here.

Online security is constantly evolving. We therefore recommend that you ensure your browsers and security configuration are always up-to-date.

Please note that TradiePortal.com.au is not responsible for the secure configuration of your browsers or the content of external websites. As such, it is your responsibility to complete the necessary due diligence to ensure that you have the latest versions of the browsers installed on your computer and to ensure that those browsers are properly configured for maximum security.

9.  Promotion

We may display your Tradie Name, logo, images or other media as part of the TradiePortal.com.au Services and/or other marketing materials relating to the Website, except where you have explicitly requested that we do not do this, and we have agreed to such a request in writing.

You acknowledge that we may use the public description of your Projects and the content of your Tradie Profile on the Website for marketing and other related purposes.

10. Content

When you give us content, you grant us a worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.

You acknowledge and agree that: (1) we act only as a forum for the online distribution and publication of User content. We make no warranty that User content is made available on the Website. We have the right (but not the obligation) to take any action deemed appropriate by us with respect to your User content; (2) we have no responsibility or liability for the deletion or failure to store any content, whether or not the content was actually made available on the Website; and (3) any and all content submitted to the Website is subject to our approval. We may reject, approve or modify your User content at our sole discretion.

You represent and warrant that your content:

  1. will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person;
  2. will not violate any law or regulation;
  3. will not be defamatory or trade libellous;
  4. will not be obscene or contain child pornography;
  5. will not contain the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons;
  6. will not contain material linked to terrorist activities;
  7. will not include incomplete, false or inaccurate information about User or any other individual; and
  8. will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

You acknowledge and agree that we may transfer your personal information to a related body corporate and your information may be transferred outside of Australia. If you wish to withdraw your consent, you acknowledge and agree that we may be unable to provide you with access to the Website and TradiePortal.com.au Services and may close your Account.

Information on the Website may contain general information about legal, financial, health and other matters. The information is not advice and should not be treated as such. You must not rely on the information on the Website as an alternative to professional advice. If you have specific questions about any matter you should consult your professional adviser.

We provide unmonitored access to third party content, including User feedback and articles with original content and opinions (or links to such third-party content). We only act as a portal and have no liability based on, or related to, third party content on the Website, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline.

The Website may contain links to other third-party websites. We do not control the websites to which we link from the Website. We do not endorse the content, products, services, practices, policies or performance of the websites we link to from the Website. Use of third-party content, links to third party content and/or websites is at your risk.

In relation to deletion or hiding of any information or content, using the Website to delete, hide or otherwise dispose of information does not imply permanent deletion of content or information. Information may be retained for a period of time to fulfil record keeping, regulatory, compliance, statistical, law enforcement and other obligations.

11. Feedback, Reputation and Reviews

You acknowledge that you transfer copyright of any feedback, reputation or reviews you leave consisting of comments and any rating(s) (e.g. quality of work, communication, expertise, professionalism, etc.) together with any composite rating by us. You acknowledge that such feedback, reputation and reviews belong solely to us, notwithstanding that we permit you to use it on our Website while you remain a User. You must not use, or deal with, such feedback, reputation and reviews in any way inconsistent with our policies as posted on the Website from time to time without our prior written permission.

You may not do (or omit to do) anything that may undermine the integrity of the Website feedback system. We are entitled to suspend or terminate your Account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be undermined.

Our feedback ratings belong to us and may not be used for any purpose other than facilitating the provision of Tradie Services via the Website. You may not use your Customer or Tradie feedback (including, but not limited to, marketing or exporting any or all of your composite rating(s) or feedback comments) in any real or virtual venue other than the Website.

12. Advertising

Unless otherwise agreed with us, you must not advertise an external website, product or service on the Website. Any website address posted on the Website, including in a listing, bid, listing description, project message board or internal messaging service, must relate to a project, user or service being performed on the Website.

We may display advertisements or promotions on the Website. You acknowledge and agree that we shall not be responsible for any loss or damage of any kind incurred by you as a result of the presence of such advertisements or promotions or any subsequent dealings with third parties. Furthermore, you acknowledge and agree that content of any advertisements or promotions may be protected by copyrights, trademarks, service marks, patents or other intellectual property or proprietary rights and laws. Unless expressly authorised by TradiePortal.com.au or third-party right holders, you agree not to modify, sell, distribute, appropriate or create derivative works based on such advertisement/promotions.

13. Communication with other Users

Communication with other users on the Website must be conducted through the project message board, internal messaging service, the Tradie Portal Forum and other communication channels provided on the Website.

You must not post your email address or any other contact information (including but not limited to Skype ID, Instagram ID, Facebook ID, Twitter ID, LinkedIn ID, Google ID, or other identifying strings on other platforms) on the Website, except in the "email" field of the sign up form, Tradie address fields and user contact fields unless permitted by us on the Website.

Unless you have a prior relationship with a User, you must only communicate with Users via the Website. You must not, and must not attempt to, communicate with other Users through any other means including but not limited to email, telephone, Skype, Instagram, Facebook, Messenger, LinkedIn, ICQ, AIM, MSN Messenger, WeChat, SnapChat, GTalk, GChat or Yahoo.

TradiePortal.com.au may use information such as your name, location, display or username, and or your image, in relation to the internal messaging service on the Website or in the mobile apps.

We may read all correspondence posted to the Website and download or access, and test (if necessary), all uploaded files, programs and websites related to your use of the Website for the purpose of investigating fraud, regulatory compliance, risk management and other related purposes.

14. Tradie Portal Forum

  1. You must access and use the Tradie Portal Forum only in accordance with this User Agreement and the Tradie Portal Forum Terms and Conditions, which provide further terms and conditions that govern your use of the Forum.
  2. The Forum is designed for the Website Users to have interactive discussions on Services and any other topics that do not violate this User Agreement. All thoughts and opinions expressed on the Forum are the thoughts and opinions of the users and not our thoughts. We do not endorse or support any posted thoughts or opinions or guarantee the accuracy of any of the information or facts appearing on the Forum.
  3. Without limiting item 14(a) above, the thoughts and opinions expressed on the Forum should not be relied upon as professional advice. If you have any queries or concerns or require any professional advice about any of the material appearing on the Forum, you should consult a subject matter expert.
  4. Messages sent via the Internal Messaging Service are intended for the recipient only. They are not to be copied into the public areas of the Forum. However, they may be forwarded on to the Customer Support Team or the Forum moderator for review.
  5. We reserve the right to move and lock threads and generally manage the structure of the information on the Forum as we see fit.
  6. Users are not permitted to post any information to the Forum using multiple usernames to sign in to the Website.
  7. The “Report” function, the “Customer Support” function and the “Submit a Complaint” function are the only avenues for Users to report or discuss objectionable behaviour by other Users on the forum. Any discussions of this nature taking place on the public Forum will be removed.
  8. Please refer to the Tradie Portal Forum Terms and Conditions for further terms and conditions that govern your use of the Forum.

15. Identity and User Verifications

You authorise us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request: (1) provide further information to us, which may include your date of birth and/or other information that will allow us to reasonably identify you; (2) take steps to confirm ownership of your email address; or (3) verify your information against third party databases or through other sources.

You must also, at our request, provide copies of identification documents (such as, but not limited to, your drivers' licence). We may also ask you to provide photographic identification as an additional identity verification step.

We reserve the right to close, suspend, or limit access to your Account, the Website and/or TradiePortal.com.au Services in the event we are unable to obtain or verify to our satisfaction the information which we request under this section.

We reserve the right to update your particulars on the Website in order to match any identification documentation that has been provided by you.

If you are not TradiePortal.com.au verified other restrictions may apply. See the User Verification Policy for more details.

16. Further Provisions on Verifications

TradiePortal.com.au Verifications mean, and are limited to, checking and confirming that: (1) the ABN or ACN submitted by the Tradie is legitimate (as listed on https://abr.business.gov.au); (2) Trade Qualification and Skills Accreditations provided by the Tradie are issued by Registered Training Organisations (RTO); (3) Trade Licences provided by the Tradie are issued by the relevant licencing authorities; (4) email address provided by a User is valid; (5) phone number provided by a User is valid; (6) Facebook URL provided by a User is valid; (7) Twitter URL provided by a User is valid; (8) Google+ URL provided by a User is valid; and (8) LinkedIn URL provided by a User is valid.

The User acknowledges that:

  1. TradiePortal.com.au does not review, approve, recommend or authenticate any of the qualification and skills credentials, licences or statements of capability;
  2. TradiePortal.com.au provides matchmaking and platform services only. Users agree that TradiePortal.com.au has no liability for any other aspect of service delivery or interaction between End Users and Tradies. TradiePortal.com.au is not a party to any disputes between End Users and Tradies;
  3. TradiePortal.com.au may from time to time include map features and may display the location of Users to persons browsing the Website on that map. Every Project Owner seeking Tradie Services will be asked to provide the location (Suburb, Postcode and State) where the Project is to be performed. You expressly agree that TradiePortal.com.au has no liability for displaying such information;
  4. A User must never disclose, in any Project posted, personal details such as the User's name, street number, phone number or the email address in the Project description or in the Project Message Board (however, these may be disclosed as required in the internal messaging service);
  5. TradiePortal.com.au may collect location related data from you via technologies including but not limited to GPS, IP address location, Wifi, and other methods. This data may be shared in the context of facilitating Tradie Services and each User specifically consents to this collection and sharing as part of this agreement;
  6. Upon completion of a Project, the Project Owner must log on to the Website and change the Project Status to "100% Complete" as soon as practicable; and
  7. Failure to complete the service or task will constitute a breach of this User Agreement.

17. User Services

Upon the Project Owner awarding a Project to the Tradie, and the Tradie's acceptance on the Website, the Project Owner and Tradie will be deemed to have entered into a User Contract under which the Project Owner agrees to purchase, and the Tradie agrees to deliver the Tradie Services. You agree not to enter into any contractual provisions in conflict with the User Agreement.

You are solely responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User. You must ensure that you are aware of any domestic laws (including common law), international laws, statutes, ordinances and regulations relevant to you as a Project Owner or Tradie, or in any other uses you make of the Website.

If another User breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, we have no responsibility for enforcing any rights under a User Contract.

Depending on their jurisdiction, Tradies and Project Owners may have rights under statutory warranties that cannot lawfully be excluded. Nothing in this User Agreement is intended to override a right that by applicable law may not be excluded. Nothing in this User Agreement is intended to violate any laws relating to unfair contracts, and this agreement has been specifically drafted to ensure compliance with unfair contracts legislation. To the extent that any component of this User Agreement is in conflict with inalienable rights under local laws, all parties intend for this agreement to be read down only insofar as to be in compliance with such local laws and no further.

Each User acknowledges and agrees that the relationship between Project Owners and Tradies is that of an independent contractor. Nothing in this User Agreement creates a partnership, joint venture, agency or employment relationship between Users. Nothing in this User Agreement shall in any way be construed as forming a joint venture, partnership or an employer-employee relationship between TradiePortal.com.au and any User.

18. Fraud Prevention

We reserve the right to suspend a User Account, an End User Profile or Tradie Profile if we suspect any fraudulent activities.

19. Refunds

For all refunds relating to our membership and services fees (as detailed in Clause 6), the process set out in Clause 24 (Disputes with Us) must be followed.

If we agree to the refund, the funds will be received by the User via the same payment method(s) that the User used to make the original payment to us.

We may refund funds to Users irrespective of whether a User has requested funds be refunded if: (1) we are required by law or consider that we are required by law to do so; (2) we determine that refunding funds to the User will avoid any dispute or an increase in our costs; (3) we refund funds to the User in accordance with any refund policy specified by us from time to time; (4) we find out that the original payment made by the User is fraudulent; (5) the User made a duplicate payment in error; or (6) we consider, in our sole opinion, that it is likely that the refund of funds is necessary to avoid a chargeback.

You can request a refund by emailing our Customer Support Team at [email protected]. Once you have made a membership and services fees payment, you expressly agree to use the dispute resolution process in this agreement, expressly agree to be bound by its ruling and expressly agree not to initiate any chargeback request with your card issuer.

If you initiate any chargeback request or other “Request for Information” or similar process, you expressly agree and consent to us to share any and all information in relation to your agreement of these terms and conditions, in order to defeat any such chargeback request.

If you have already initiated a chargeback request with your credit card issuer, you must not request a refund of funds by contacting us and must not seek double recovery.

If we reasonably determine, having considered all the relevant circumstances, that you have made an excessive or unreasonable number of requests to refund funds back to you or chargebacks, we may suspend or close your Account.

20. Chargebacks

A chargeback (being a challenge to a payment that a User files with their card issuer or financial institution), and any subsequent reversal instruction, is made by the payment product issuer or third parties (such as payment processors) and not by us. We are bound to follow such instructions.

If you initiate any chargeback request or other “Request for Information” or similar process, you expressly agree and consent to us to share any and all information in relation to your agreement of these terms and conditions, in order to defeat any such chargeback request.

21. Inactive Accounts

User Accounts that have not been signed into for six months will be closed to save on valuable storage, bandwidth, support and management costs of providing hosting of the End User Profile, Tradie Profile, portfolio storage, listing in directories, project leads, file storage and message storage.

22. Rights to Refuse Service

We may suspend or close your Account without reason. Without limiting the foregoing, we may suspend or close your Account:

  1. if we determine that you have breached, or are acting in breach of, this User Agreement;
  2. if we determine that you have infringed legal rights (resulting in actual or potential claims), including infringing Intellectual Property Rights;
  3. if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
  4. if you do not respond to account verification requests;
  5. if you do not complete account verification when requested within 3 months of the date of request;
  6. if you are the subject of an Australian or other applicable sanctions regime, or our banking and payment relationships otherwise preclude us from conducting business with you;
  7. to manage any risk of loss to us, a User, or any other person; or
  8. for other reasons.

If we close your Account due to your breach of this User Agreement, you may also become liable for certain fees as described in this User Agreement.

Without limiting our other remedies, to the extent you have breached this User Agreement, you must pay us all fees owed to us and reimburse us for all losses and costs (including any and all of our employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.

You acknowledge and agree that: (1) the damages that we will sustain as a result of your breach of this User Agreement will be substantial and will potentially include (without limitation) fines and other related expenses imposed on us by our payment processors and Users and that those damages may be extremely difficult and impracticable to ascertain; (2) if you breach this User Agreement, we may take legal action against you to recover losses.

If we close your Account for a reason other than as a result of your breach of this User Agreement, unless as otherwise specified in this User Agreement, you will not be entitled to receive any compensation or payment due from us to you.

In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.

23. Disputes With Users

You acknowledge and agree that in the event that a dispute arises between you and another User in relation to any Project that it is your absolute responsibility to resolve any differences that you have in relation to such Project, including in relation to payments and the quality of the services provided.

You hereby agree to indemnify TradiePortal.com.au from any and all claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, that is related to such a dispute.

Our Code of Conduct applies to all the services offered by TradiePortal.com.au. It is agreed by you that you will make every endeavour at fair play and post reasonable and fair demands/offers on your dispute. No conduct relating to threats, blackmail, intimidation or inducement of users to leave positive feedback will be tolerated, in particular any refusal to provide either deliverables or payment in relation to the provision of feedback.

24. Disputes With Us

If a dispute arises between you and TradiePortal.com.au, our goal is to address your concerns immediately and, if we are unable to do so to your satisfaction, to provide you with a means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution by contacting our Customer Support Team or emailing us at [email protected].

For any claim, TradiePortal.com.au may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. If TradiePortal.com.au elects arbitration, such arbitration will be initiated through an established alternative dispute resolution (ADR) provider, which is to be selected by you from a panel of ADR providers that TradiePortal.com.au will provide to you. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

All claims you bring against TradiePortal.com.au must be resolved in accordance with the terms of this Agreement. All claims filed or brought contrary to this Agreement shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to the terms of this Agreement, TradiePortal.com.au may recover its legal fees and costs (including in-house lawyers and paralegals), provided that TradiePortal.com.au has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

You agree that you will not pursue any claims arising under this User Agreement on a class or other representative basis and will not seek to coordinate or consolidate any arbitration or action hereunder with any other proceeding.

If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, TradiePortal.com.au will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this Agreement.

TradiePortal.com.au's failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

25. Currencies

All prices, rates and fees listed on this Website are displayed in Australian dollars (AUD/AU$).

26. Survival and Release

This agreement supersedes any other agreements between you and the Company. If any part of this document is found to be unenforceable, that part will be limited to the minimum extent necessary so that this document will otherwise remain in full force and effect. Our failure to enforce any part of this document is not a waiver of any of our rights to later enforce that or any other part of this documents. We may assign any of our rights and obligations under this document from time to time.

If there is a dispute between participants on this Website, or between users and any third party, you agree that the Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release the Company, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.

27. Access and Interference

You agree that you will not use any robot, spider, scraper or other automated means to access the Website via any means, including for the avoidance of doubt access to our API or Application Programming Interface, for any purpose without our express written permission.

Additionally, you agree that you will not:

  1. take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure;
  2. interfere with, damage, manipulate, disrupt, disable, modify, overburden, or impair any device, software system or network connected to or used (by you or us) in relation to the Website or your Account, or assist any other person to do any of these things, or take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  3. copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the websites without the prior express written permission of TradiePortal.com.au and the appropriate third party, as applicable;
  4. interfere or attempt to interfere with the proper working of the Website, services or tools, or any activities conducted on or with the Website, services or tools; or
  5. bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.

28. Closing Your Account

You may close your Tradie Profile or delete your User Account at any time. The options are located under Tradie Settings and My Account respectively.

Closing a Tradie Profile is subject to:

  1. not having any work in progress (running projects) on the Website; and
  2. resolving any outstanding matters (such as a suspension or restriction on your Account).

Deleting a User Account is subject to:

  1. not having any running projects on the Website; and
  2. resolving any outstanding matters (such as a suspension or restriction on your Account).

We may retain some of your personal information to satisfy regulatory requirements and our own external obligations. Closing your Tradie Profile or delete your User Account does not necessarily delete or remove all the information we hold.

29. Privacy

We use your information as described in the TradiePortal.com.au Privacy Policy. If you object to your information being transferred or used in this way, then you must not use this Website or TradiePortal.com.au Services, tools and applications. For the avoidance of doubt, your name and personal details shall be used for identity purposes in the normal course of conducting business within the Website. This may include on invoices, on your profile pages and any other relevant pages that you access and/or on which you create content.

30. Indemnity

You will indemnify us (and our officers, partners, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs, made against us by any third-party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using the Website and TradiePortal.com.au Services.

31. Security

You must immediately notify us upon becoming aware of any unauthorised access or any other security breach to the Website, your Account or the TradiePortal.com.au Services and do everything possible to mitigate the unauthorised access or security breach (including preserving evidence and notifying appropriate authorities). Your User Account and Tradie Profile are yours only, and you must not share your password with others. You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorised access of your account resulting from your failure to secure your password.

32. No Warranty as to Each User's Purported Identity

We cannot and do not confirm each User's purported identity on the Website. We may provide information about a User, such as a strength or risk score, geographical location, or third-party background check or verification of identity or credentials. However, such information is based solely on data that a User submits, and we provide such information solely for the convenience of Users and the provision of such information is not an introduction, endorsement or recommendation by us.

33. No Warranty as to Content

The Website is a dynamic time-sensitive Website. As such, information on the Website will change frequently. It is possible that some information could be considered offensive, harmful, inaccurate or misleading or mislabelled or deceptively labelled accidentally by us or accidentally or purposefully by a third party.

Our Services, the Website and all content on it are provided on an 'as is', 'with all faults' and 'as available' basis and without warranties of any kind either express or implied. Without limiting the foregoing, we make no representation or warranty about:

  1. the Website or any Tradie Services or TradiePortal.com.au Services;
  2. the accuracy, reliability, availability, veracity, timeliness or content of the Website or any Tradie Services or TradiePortal.com.au Services;
  3. whether the Website or Tradie Services or TradiePortal.com.au Services will be up-to-date, uninterrupted, secure, error-free or non-misleading;
  4. whether defects in the Website will be corrected;
  5. whether the Website, the Tradie Services or TradiePortal.com.au Services or any data, content or material will be backed up or whether business continuity arrangements are in place in respect of the Website, Tradie Services or TradiePortal.com.au Services;
  6. any third-party agreements or any guarantee of business gained by you through the Website, Tradie Services or TradiePortal.com.au Services or us; or
  7. the Website, Tradie Services or TradiePortal.com.au Services or infrastructure on which they are based, being error or malicious code free, secure, confidential or performing at any particular standard or having any particular function.

To every extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, quality, suitability and non-infringement.

34. Limitation of Liability

In no event shall we, our related entities, our affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:

  1. any indirect, special, incidental or consequential damages that may be incurred by you;
  2. any loss of income, business or profits (whether direct or indirect) that may be incurred by you;
  3. any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Website.

The limitations on our liability to you above shall apply whether or not we, our related entities, our affiliates or staff have been advised of the possibility of such losses or damages arising.

Notwithstanding the above provisions, nothing in this User Agreement is intended to limit or exclude any liability on the part of us and our affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation including those within the Competition and Consumer Act 2010 (Cth) and relevant state fair trading legislation.

To the extent that we are able to limit the remedies available under this User Agreement, we expressly limit our liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at our sole discretion) to the supply of the TradiePortal.com.au Services again or the payment of the cost of having the TradiePortal.com.au Services supplied again.

35. Legal Limitations

As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation. We may plead this User Agreement in bar to any claim, action, proceeding or suit brought by you, against us for any matter arising out of any transaction or otherwise in respect of this User Agreement.

You and we agree that you and we will only be permitted to bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. In addition, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favour of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). Any relief awarded cannot affect other Users.

36. Notices

Legal notices will be served or to the email address you provide to TradiePortal.com.au during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.

Any notices to TradiePortal.com.au must be given by registered ordinary post (or if posted to or from a place outside Australia, by registered airmail).

37. Law and Forum for Legal Disputes

This User Agreement will be governed in all respects by the laws of Western Australia, Australia. We encourage you to try and resolve disputes using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved then you and TradiePortal.com.au irrevocably submit to the non-exclusive jurisdiction of the courts of Western Australia, Australia.

38. Severability

The provisions of this User Agreement are severable, and if any provision of this User Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This User Agreement may be assigned by us to an associated entity at any time, or to a third party without your consent in the event of a sale or other transfer of some or all of our assets. In the event of any sale or transfer you will remain bound by this User Agreement.

39. Interpretation

Headings are for reference purposes only and in no way, define, limit, construe or describe the scope or extent of such section.

40. No Waiver

Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this section shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.

41. Communications

You consent to receive notices and information from us in respect of the Website and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your Account.

42. Additional Terms

It is important to read and understand all our policies as they provide the rules for trading on the TradiePortal.com.au Website. In addition, there may be specific policies or rules that apply, and it is your responsibility to check our Information pages and policies to make sure you comply. Our policies, including all policies referenced in them, are part of this User Agreement and provide additional terms and conditions related to specific services offered on the Website, including but not limited to:

  1. Privacy Policy
  2. Code of Conduct
  3. User Verification Policy
  4. Copyright Infringement Policy
  5. Fees and Charges Policy

Each of these policies may be changed from time to time. Changes take effect when we post them on the TradiePortal.com.au Website. When using TradiePortal.com.au Services on the Website, you are subject to any posted policies or rules applicable to TradiePortal.com.au Services or Services you use through the Website, which may be posted from time to time. All such policies or rules are incorporated into this User Agreement.

43. General

This User Agreement contains the entire understanding and agreement between you and TradiePortal.com.au. The following Sections survive any termination of this Agreement: Membership and Service Fees (with respect to fees owed for our services), Content, Survival and Release, No Warranty As To Content, Limitation Of Liability, Indemnity, Bar To Action, No Class Actions, Legal Limitations, and Disputes With Us.

44. Abusing the Website

TradiePortal.com.au reserves to the greatest extent possible all rights, without limiting any other remedies, to limit, suspend or terminate our service(s) and or user account(s), suspend or ban access to our services, remove any content, and to take any and all technical or legal steps to ban users.

Without limiting the reasons for taking the aforementioned actions, conduct giving rise to this response could include:

  1. use of our services for any illegitimate or non-bona fide purpose;
  2. creating problems with other users or potential legal liabilities;
  3. infringing the intellectual property rights of third parties;
  4. acting inconsistently with the letter or spirit of any of our policies;
  5. abuse of any staff members including inappropriate or unreasonable communications; and
  6. any attempt to use TradiePortal.com.au Services for any objectionable purpose.

45. Feedback

If you have any questions about this User Agreement or if you wish to report breaches of this User Agreement, please contact our Customer Support Team at [email protected].