Terms of Service: Customers

(A Customer means anyone who browses or uses this website for the purpose of locating a Tradesperson or using the TradiePoint Services.)

By using this website, you agree to be bound by the following terms and conditions:

1. Terms and conditions are contractually binding

These terms and conditions are contractually binding and constitute the complete terms and conditions which govern your use of the Site and the Service.

2. Warranties and acknowledgments

2.1 You warrant that:
  1. You are over the age of 18 years of age or are a duly incorporated body corporate;
  2. You have authority to enter into and perform all of your obligations under these terms and conditions;
  3. any Content provided by you:
    1. will be true, correct and not misleading;
    2. will not be:
      1. defamatory, fraudulent, tortious, or threatening;
      2. harmful (including but not limited to viruses, corrupted files, or any other similar software or programs);
      3. disparaging or deprecating of the Service, TradiePoint or other Users;
      4. in breach of any Statute; or
      5. otherwise objectionable; and
    3. will not infringe the Intellectual Property Rights or any other right of any person or constitute a beach of any agreement which you or any of your Associates may have with any other person;
2.2 You acknowledge and agree that:
  1. the Site and the Service are each provided on an ‘as is’ basis and that you accept all risk associated with access to the Site and the use of the Site and otherwise of, or in connection with, the Service;
  2. TradiePoint does not guarantee that the Site will be error free or that the Site or the server that operates it are free of Viruses or other harmful components; and
  3. TradiePoint has urged you to keep backup copies of material you have included on, or as part of, the Service (including, without limitation, on, or as part of, the Site).

3. Grant of Rights

You hereby grant to TradiePoint a worldwide, royalty and licence-free, perpetual, irrevocable, fully sub-licensable, non-exclusive right to use, reproduce, modify, transmit, distribute, perform, display and delete Your Information and/or to incorporate Your Information in other works in any form, media or technology now known or which may be later developed.

4. TradiePoint’s Reservation of Rights

TradiePoint reserves the right to:

  1. modify or discontinue the Site and/or the Service at any time without notice or liability to you;
  2. amend any policy or procedure related to the Site and/or the Service (including, without limitation, the Privacy Policy) at any time and without notice or liability to you;
  3. cooperate with any law enforcement authority and to act in accordance with any of their directions or requests; and
  4. remove or restrict access to Content made available as part of, or in connection with, the Service if ordered to do so by a court or if TradiePoint considers such Content to be in violation of these terms and conditions or posted rules or policies, including Content TradiePoint considers to be in breach of the warranty provided by you pursuant to clause 2 of these terms and conditions.

5. Your obligations:

You undertake to TradiePoint that you will NOT:

  1. tamper with, modify or alter or attempt to tamper with, modify or alter) any Content other than to make Reviews as part of the Feedback System;
  2. gather or use any User's information available as part of, or in connection with the Service, including without limitation, the names, phone numbers or email addresses, for any commercial or business purposes (other than as part of, or in connection with the Service) or to transmit any unsolicited advertising, "junk mail", "spam" or "chain letters”;
  3. frame or link the Site without the prior written consent of TradiePoint;
  4. engage in any deceptive or misleading marketing practices;
  5. release or otherwise make available any publicity, promotional or advertising material or any other information concerning the Site or the Service, without the prior written consent of TradiePoint
  6. post, email, transmit or otherwise make available any Content which:
    1. is in breach of the warranties made by you set out in clause 2;
    2. contains any defects or Viruses;
  7. use any Crawl Code in accessing the Site or relation to or in connection with it;
  8. decompile, reverse engineer or disassemble any software, device or other processes forming part of, or used in connection with, the Site; or
  9. use any Content contained on the Site without the prior written consent of TradiePoint.

6. Relationship with Tradesmen and other Users

  1. You acknowledge that your correspondence with Tradesmen and other Users, including the agreement to provide and the provision and receipt of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Tradesmen or other User.
  2. You acknowledge and agree that TradiePoint:
    1. is a neutral facilitator only and is not directly involved in any transaction which you may decide to enter into with a Tradesperson or other User;
    2. cannot and does not confirm the identity of any Tradesperson or other User, their backgrounds or credit-worthiness or their ability, competence or willingness to provide services to you;
    3. is not a party to any agreement or arrangement which between you and any Tradesperson or other User in relation to the provision of services to you or otherwise; and
    4. is not liable for any loss or damage of any sort incurred as the result of any such dealings.

7. User Feedback

  1. TradiePoint operates a Customer feedback system, pursuant to which Customers whose jobs have been completed are able to provide Reviews on the Site in relation to Tradesperson who have been used by those Customers. The Feedback System may consist of:
    1. Reviews and ratings made by Customers; and
    2. a composite rating score compiled by TradiePoint on such criteria as TradiePoint may so determine, in its absolute discretion, on the basis of the ratings and Reviews made or provided (as the case may be) by Customers;
  2. You warrant that any review or review submitted by you will not contain any material which is offensive, defamatory, obscene, unlawful, harmful, threatening, abusive, harassing or is otherwise reasonably objectionable; and
  3. TradiePoint does not monitor or censor the Reviews posted by Customers other than to ensure that those Reviews meet any requirements which TradiePoint may require, from time to time;
  4. You acknowledge that you are fully liable for any Review you make on the Site;
  5. You release and will keep released TradiePoint from any Loss which you may suffer as a result of, arising out of or in connection with:
    1. the establishment, use or operation of the Feedback System; or
    2. any Review made by you or any other Customer on the Feedback System or any part of the Site, and from any claim you may have against TradiePoint for breach of any other right which you may have of any nature whatsoever (including, without limitation any claim for negligence or for contribution in relation to any claim which may be brought against you).
  6. TradiePoint may remove any Reviews posted on the Site or not put any Reviews on the site at any time without having to provide a reason.

8. Your Password

You acknowledge and agree that TradiePoint is entitled to assume that any person using the Service with your name and details is you or is authorised to act for you.

9. Privacy

Our Privacy Policy is incorporated in these terms and conditions by reference.

10. Suspension and Termination

Without limiting TradiePoint's other remedies, TradiePoint may:

  1. temporarily suspend;
  2. indefinitely suspend; or
  3. terminate,

your right to access the Site and/or use the Service or any part of it and refuse to provide any services to you if:

  1. you breach any of these terms and conditions or any policies incorporated by reference, including any policies or procedures displayed on, or as part of, the Site; or
  2. TradiePoint considers that your actions may cause any legal liability for TradiePoint or any User.

If your right to access the Site is temporarily or, indefinitely suspended or terminated, you must not continue to use the Service whether under the same name or under any other name.

11. Implied Terms

  1. Subject to clause 11(b), to the maximum extent permitted by law, all terms, conditions and warranties in relation to the Service (including, without limitation, the Site), other than expressly stated in these terms and conditions, whether express or implied, are hereby expressly negatived and excluded.
  2. Where any legislation implies in these terms and conditions any condition or warranty and that legislation avoids or prohibits provisions in a contract excluding or modifying the application or exercise of, or any liability under, such condition or warranty, the condition or warranty will be deemed to be included in these terms and conditions. However, the liability of TradiePoint for any breach of such condition or warranty will be limited, at TradiePoint’s option, to one or more of the following:
    1. if the breach relates to goods:
      1. the replacement of the goods with equivalent goods or the supply of equivalent goods;
      2. the repair of such goods;
      3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
      4. the payment of the cost of having the goods repaired; and
    2. if the breach relates to services:
      1. the supplying of the services again; or
      2. the payment of the cost of having the services supplied again.
  3. Without in any way limiting the generality of clause 11(a), you acknowledge and agree that TradiePoint has not provided any warranty or representation that:
    1. the use of the Site or other components of the Service:
      1. will not infringe or otherwise violate the rights (including Intellectual Property Rights or Moral Rights) of any person; or
      2. constitute a misuse of any person’s confidential information;
    2. the Site or other components of the Service will meet your requirements;
    3. the Site or other components of the Service does not contain any defects or Viruses;
    4. the operation of the Site or other parts of the Service will be error free; and
    5. there are no defects, faults or malfunctions in, or associated with, Site or other parts of the Service;
    6. the Site and other parts of the Service will be operative at all times; or
    7. the Site and other parts of the Service will detect or correctly identify and/or disinfect any threats, applications (whether malicious or otherwise) or any other components.

12. Limitation of Liability

You hereby acknowledge and agree that:

  1. subject to clause 12(b) but otherwise notwithstanding anything to the contrary in these terms and conditions, the total liability of TradiePoint for damages or any other form of monetary relief for matters related to, connected with or arising out of this Agreement or the transactions contemplated by it, regardless of the cause of action, whether in contract, tort (including, without limitation, negligence) or breach of any Statute or any other legal or equitable obligation is limited to $100;
  2. in no event will TradiePoint be liable to another for any indirect or consequential Losses including loss or corruption of data, loss of profit, revenue, goodwill or anticipated savings;
  3. you have not relied on any representation made by TradiePoint which has not been stated expressly in these terms and conditions or upon any descriptions, illustrations or specifications contained in any document or publicity material produced by TradiePoint;
  4. to the extent TradiePoint has made any representation which is not otherwise expressly stated in these terms and conditions, you have been provided with an opportunity to independently verify the accuracy of that representation;

13. Indemnity

You hereby indemnify and agree to keep indemnified TradiePoint against any Losses incurred by TradiePoint, arising directly or indirectly, in respect of:

  1. any breach by you of these terms and conditions or by any person on your behalf;
  2. any fraud or wilful misconduct of you, or your Associates, under or in connection with this agreement causing Liability;
  3. any wrongful act on your part or on the part of any of your Associates (including without limitation any actionable tortuous act (including, without limitation any action for negligence), any breach by you, or any of your Associates, of any Statute or any legal or equitable wrong on your part, or on the part of any of your Associates;
  4. any infringement or alleged infringement of TradiePoint or a third party’s Intellectual Property Rights by you or any of your Associates;
  5. any of the warranties given by you under clause 2 proving to have been false, misleading or inaccurate when made;
  6. personal injury, death or loss of or damage to real or tangible personal property caused by you or any of by any of your Associates; or
  7. any loss or damage caused to TradiePoint’s computer system or data or to the computer systems or data of other Users

which loss or damage is caused by, results from, arises out of, relates to or is connected with, (whether directly or indirectly) your access to, or use of, the Site or the Service or any access to, or use of, Site or the Service by a third party which use or access is authorised, or assisted, by you.

14. Notices

You acknowledge and agree that:

  1. TradiePoint may provide notices by posting them on the Site and you agree to check the Site for notices;
  2. you also authorise TradiePoint to send notices to you, at your at TradiePoint’s absolute discretion, via email unless you otherwise indicate in writing to TradiePoint; and
  3. regardless of whether TradiePoint sends an email notification, you will be considered to have received a notice when it is made available to me by posting on the Site.

15. Merger

The rights and obligations of the parties in respect of representations, warranties, undertakings and indemnities in this Agreement will be continuing representations, warranties, undertakings and indemnities and accordingly will not be merged or extinguished except on termination of this Agreement.

16. Governing Law

This Agreement shall be governed by and construed in accordance with the law from time to time in the State of Western Australia and the Parties agree to submit to the non-exclusive jurisdiction of the courts of Western Australia and the courts which hear appeals therefrom.

No modification or alteration of the terms of this Agreement shall be binding unless made in writing dated subsequent to the date of this Agreement and duly executed by the Parties.

18. Miscellaneous

  1. Severance

    If any provision of this Agreement is invalid and not enforceable in accordance with its terms, all other provisions which are self sustaining and capable of separate enforcement without regard to the invalid provision, shall be and continue to be valid and forceful in accordance with their terms.

  2. Entire Agreement

    This Agreement shall constitute the sole understanding of the Parties with respect to the subject matter and replaces all other agreements with respect thereto.

  3. Time

    Time shall be of the essence in this Agreement in all respects.

19. Definitions and Interpretation

  1. In these terms and conditions, unless the context otherwise requires:

    Associates means, in relation to a person, the employees, officers, directors, representatives, agents and contractors (including sub-contractors) of that person and of any Related Entity of that person (if any).

    Content means any information, text, graphics, files, links, or other materials of any nature whatsoever and includes, without limitation, Reviews.

    Corporations Act means the Corporations Act 2001 (Cth).

    Crawl Code means any manual or automated code, software, devise or other process which ‘crawls’, ‘spiders’ or ‘screen scrapes’;

    Customer means any person to whom services are provided by a Tradesperson as a result of, or in connection with, the Service.

    Feedback System means the feedback system referred to in clause 8(a)(i);

    Intellectual Property Rights means statutory and other property rights in respect of trademarks, patents, circuit layouts, copyrights, confidential information and all other intellectual property rights as defined in Article 2 of the Convention establishing The World Intellectual Property Organisation of July 1967.

    Liability includes Losses.

    Losses means claims, losses, liabilities, damages, costs and expenses of any kind (including, without, legal fees on a full indemnity basis), including those which are prospective or contingent and those the amount of which is not ascertained or ascertainable.

    Privacy Policy means TradiePoint’s privacy policy which is available from the Site

    Related Entity has the meaning given to it in the Corporations Act.

    Review means review, criticism, opinion or observation;

    Service means the TradiePoint service operated by TradiePoint and includes the Site.

    Site means the website www.tradiepoint.com.au;

    Tradesperson means any person, whose services are advertised, promoted or referred to as part of the Service or whose services are accessed as a result of, as part of or via, the Service and “Tradesmen” means all such persons.

    User means any person who accesses or uses the Site and includes, without limitation, Tradesmen and Customers.

    Viruses means any viruses, time-bombs, back doors, trojan horses and any other form of malevolent or defective code or similar items.

    Your Information means Content which you provide as part of, or in connection with the Service.

  2. The paragraph headings in these terms and conditions, shown in boldface type, are included to help make these terms and conditions easier to read and have no binding effect.
  3. A reference to a clause in these terms and conditions is a reference to a clause of these terms and conditions.