TERMS AND CONDITIONS

 

 

Welcome to TRADE-O! We aim to make networking simple for tradies and businesses alike.

These terms and conditions (terms) are entered into between Trade-o ABN 73 146 951 401 (we, us or our) and you, together the Parties and each a Party. These Terms supplement and incorporate our privacy policy and website terms of use posted on the Platform. You will find definitions for any capitalised words at the end of these Terms, as well as throughout the Terms. We provide a platform where Tradies and Businesses can connect and interact (Platform). Part of our Platform is a publicly-available business directory and if you sign up to our Platform as a Business, you agree that your profile will be displayed on our business directory for the duration that you have an Account.

The Platform is available at https://www.trade-o.com.au/ and via other channels or addresses.

In these Terms, you means (as applicable) (1) the person or entity registered with us as either a Tradie or a Business; or (2) the individual accessing, browsing or using the Platform.

If you are using the Platform on behalf of your employer or a business entity, , in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.

Acceptance

You accept these Terms by registering on the Platform or using the Platform or the services.

You must be 16 years old to use the Platform. If you are under 18 years old, you represent and warrant that you have permission from your parent or legal guardian to access and use the Platform, and they have accepted these Terms on your behalf.

We may amend these Terms at any time, by providing written notice to you. By continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended terms. If you do not agree to the amendment, you may terminate these Terms in accordance with the Termination clause.

Platform summary

We provide the Platform to users, including hosting and maintaining the Platform, conducting verification checks and providing resources and articles (Trade-o Services). You understand and agree that we only make available the Platform and the Trade-o Services. We are not party to any agreement entered into between Tradies and Businesses, or between Tradie Plus Members, and we have no control over the conduct of Tradies and Businesses or any other users of the Platform.

Tradies

Tradies wishing to provide their services, or apply for job vacancies in Listings, create an Account on the Platform and can create a profile setting out a description of the services they can provide, including their qualifications, tickets, licences, and contact details. Tradie profiles must contain accurate and up-to-date information and must not contain any offensive material or images.

Tradies cannot search for employees or post Listings.

Tradies who wish to provide services to a Business may respond to Listings to apply for the job. When applying for a job, Tradies tick to acknowledge that information on their profile, as well as their resume, will be shared with the Business. If you do not tick this box, your information will not be shared with the Business, and the Business will not be able to contact you. The Platform will send an email summary of the application. Once a Business has received a response to a Listing, they may contact the Tradie directly via the contact details in the response. All further correspondence between Tradies and Businesses, including the formation of any contracts between the parties, happens externally to the Platform.  

To the extent there is inconsistency between any additional contracts and these Terms, these Terms will prevail.

Tradie Members

Tradie Members can list their profile publicly and can respond to Listings.

Tradie Plus Members

Tradie Plus Members are inherently Tradie Members, and therefore have access to the features available to Tradie Members. In addition, Tradie Plus Members can search for and contact Tradies who are independent contractors to discuss the provision of services. All further correspondence between the Tradie Plus Member and the Tradie, including the formation of any contracts between the parties, happens externally to the Platform.  

Businesses

Businesses can search for employees and post Listings (defined below).  

Businesses may create a profile  which will contain a description of the Business. Businesses may upload a photo gallery of work that has been carried out by the Business. Business profiles must contain accurate and up-to-date information and must not contain any offensive material or images.

A Business wanting to find Tradies creates an Account on the Platform to view and browse Tradies’ profiles. Businesses may use the Platform to post an accurate and complete description of the job they are advertising, including any required qualifications, tickets, licences or endorsements (Listing). Listings must not violate Australian employment or anti-discrimination laws and must contain details of the location and job title. We may remove Listings which violate these Terms.

Accounts

You must register on the Platform and create an account (Account) to access the Platform’s features.

You may only have 1 Account as a Tradie or 1 Account as a Business on the Platform. If you are a Tradie and you would like to sign up as a Business, you will need to re-register on the Platform as a Business to create a separate Business Account.

We prohibit the following businesses or entities from creating an Account: recruitment agencies, labour-hire businesses, group training organisations, and persons not permitted to live and work in Australia (Prohibited Entities). If we find that you have created an Account as a Prohibited Entity, we may terminate your Account immediately. To the maximum extent permitted by law, you indemnify, and continue to indemnify, us against all Liability we suffer or incur arising from or as a consequence of a breach of this clause.

You must provide basic information when registering for an Account including your business name, ABN and building licence number (if applicable), contact name and email address and you must choose a password.

You agree to provide accurate, current and complete information during the registration process and regularly update such information to keep it accurate, current and complete.

Your Account is personal and you must not transfer it to others, except with our written permission.

You are responsible for keeping your Account details and your password confidential and you will be liable for all activity on your Account, including which of your employees or personnel you allow to use your Account, and including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.

We may make access to and use of certain parts of the Platform subject to conditions or requirements, including identity verification, and any reviews about you or your business on our public business directory.

At the time you are creating an Account, you will also need to select a Membership.

Tradies who wish to remain a Tradie Member do not need to pay for a Membership. However, Businesses, as well as Tradie Members who wish to become a Tradie Plus Member, must pay for a Membership.

Memberships are generally monthly, however you may email us to request an annual Membership.

Communication

We may contact you via the Platform using in-Account notifications, or via off-Platform communication channels, such as by email and telephone.

Businesses and Tradies can initially communicate via the Platform, and then can continue their communication offline using the listed contact details. Any communication must be professional and courteous in nature, and should only be made using listed contact details. 

Payment

Free trial

Your Membership may begin with a free trial. The free trial period of your Membership will last for the period specified on the Platform. We determine free trial eligibility in our sole discretion and we may limit eligibility to prevent free trial abuse. We reserve the right to revoke the free trial and suspend your Account at any time, in the event that we determine that you are not eligible. If you do not cancel at least 2 Business Days before the end of the free trial period, we will charge your chosen payment method for the Membership you have chosen and its corresponding membership fee (Membership Fee) on Payment Date.

Payment for Memberships

Unless you are a Tradie and you have indicated that you wish to remain a Tradie Member (rather than a Tradie Plus Member), once you have created an Account and chosen a Membership, you agree to pay the Membership Fee set out on the Platform to access certain features on the Platform and benefit from your Membership.

To the extent permitted by law, the Membership Fee is non-refundable and non-cancellable once paid.

You authorise us to debit your payment method for the Membership Fee on the relevant Payment Date, whether upfront on a monthly basis (for monthly Memberships) or upfront on a yearly basis (for annual Memberships) on the Payment Date. In some cases, your Payment Date may change, for example, if payment is unable to be processed or if your Membership began on a day not contained in a given month.

Memberships automatically continue until cancelled in accordance with the cancellation clause below.

If you do not cancel your annual Membership in accordance with the cancellation clause below, it will be renewed for another year at the end of your current Membership term. We will notify you 30 days prior to the end of the current Membership term.

We may modify our Memberships and the Membership Fees from time to time. For monthly Memberships, any price changes will apply to you no earlier than 30 days following notice to you. For annual Memberships, the price changes will apply to you no earlier than the start of your renewed Membership. The notice may be provided at any time via email or via notification to your Account. If you do not agree to the price change, you may cancel your Membership in accordance with the cancellation clause below.

Upgrading or downgrading your Membership

If you are a Tradie, you may upgrade or downgrade your Membership to another tier at any time in your Account settings or by sending us an email.

If you are a Tradie Member and want to become a Tradie Plus Member, you will need to pay the Membership Fee.

If you are a Tradie Plus Member and wish to end your Tradie Plus Member Membership (while remaining a Tradie Member), the downgrade will apply to the next month if you downgrade your Membership at least 2 Business Days before the next Payment Date. For example, if you downgrade on the 15th February, and your next Payment Date is the 22nd February, you will not be charged the next Membership Fee on the 22nd February, and as of that date, you will only have access to features available to Tradie Members.

If you downgrade your Membership less than 2 Business Days before the next Payment Date, you will be charged the Membership Fee on the next Payment Date and the cancellation will become effective for the following month.

Businesses may not upgrade or downgrade their Membership.

Cancelling Memberships

If you are experiencing financial stress and wish to pause your Membership, please contact us using the email address below to discuss your options.

You may cancel your Membership at any time in your Account settings.

The cancellation will apply to the next month for monthly Memberships, if you cancel your Membership at least 2 Business Days before the next Payment Date.

If you cancel your Membership less than 2 Business Days before the next Payment Date, you will be charged the Membership Fee on the next Payment Date and the cancellation will become effective for the following month.

If you wish to cancel your annual Membership, you must do so 5 Business Days before the next Payment Date.

General

We provide a number of payment methods on the Platform, including our third party payment processor, currently eWay. The payment method you choose may be subject to additional terms and conditions imposed by the applicable third party payment processor. By making payment through a third party payment processor, you accept the applicable terms and conditions.

In the absence of fraud, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the payment.

Disputes between users

Users may use the Platform functionality to make a complaint about any interaction they have had with another user on the Platform. We have no involvement in disputes between users but we do encourage the users to attempt to resolve any disputes with the other Party directly and in good faith through external communication methods and in accordance with applicable laws.

Verification

Tradies may submit their credentials for verification. If we conduct verification or background checks on any Tradie, to the extent permitted by law, we disclaim all warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Tradie or guarantee that a Tradie will not engage in misconduct in the future. Any verification of Tradies on the Platform is not an endorsement or recommendation that the Tradie is trustworthy or suitable. You should do your own due diligence before engaging a Tradie.

We will notify Tradies if their verification has been successful. Following a successful verification, a verification badge  will be displayed on your profile to indicate that a successful verification has been performed (Verification Badge).

Content

We may allow you to (1) post, upload, publish, send or receive relevant content and information, including images and testimonials (User Content) on or through our Platform; and/or (2) access and view User Content and the content and information we make available on the Platform, includes articles and resources from our affiliates, (Trade-o Content and together with User Content, Content).

Unless otherwise indicated, we own or license all rights, title and interest (including Intellectual Property Rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.

You must not, without the prior written consent of ourselves or the owner of the Content (as applicable) or except as expressly permitted by these Terms, (1) copy or use, in whole or in part, any Content; (2) reproduce, reverse engineer, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or (3) breach any Intellectual Property Rights connected with our Platform, including by altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website, or creating derivative works from the Content.

Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform and access and view any Content, in accordance with these Terms.  All other uses are prohibited without our prior written consent.

You grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty free, sublicensable and transferable right and licence to use, view, distribute, communicate, copy, store and modify in any manner the User Content to provide the Platform and promote the Platform in any media or promotional material.

You agree that you are solely responsible for all User Content that you make available on or through our Platform.  You represent and warrant that (1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and (2) neither the User Content nor the posting, uploading, publication, sending or receiving of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Despite anything to the contrary, to the maximum extent permitted by law, you agree to indemnify us and hold us harmless in respect of any Liability that we may suffer, incur or otherwise become liable for, arising from or in connection with the User Content you make available on or through the Platform, including as a result of an Intellectual Property Breach.

Disclaimer

The Content is not comprehensive and is for general information purposes only.  It does not take into account your specific needs, objectives or circumstances, and is not advice.  While we use reasonable attempts to ensure the accuracy and completeness of the Content, to the extent permitted by law, we make no representation or warranty regarding the Content. The Content is subject to change without notice. We do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Warranties

You represent, warrant and agree that:

  1. you will not use our Platform, including the Content, in any way that competes with our business;

  2. there are no legal restrictions preventing you from entering into these Terms; 

  3. all information and documentation that you provide to us in connection with these Terms is true, correct and complete;  

  4. you have not relied on any representations or warranties made by us in relation to the Platform (including as to whether the Platform is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms;

  5. you will be responsible for the use of any part of the Platform, and you must ensure that no person uses any part of the Platform: (1) to break any law or infringe any person’s rights (including Intellectual Property Rights) (2) to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted; or (3) in any way that damages, interferes with or interrupts the supply of the Platform;

  6. where you are a Business, or a Tradie Plus Member which engages independent contractors, that you are responsible for complying with all laws, rules and regulations which apply to engaging any Tradie (whether as an employee or an independent contractor), including all applicable Employment Legislation and Work Health and Safety Legislation;

  7. where you are a Tradie, you are responsible for complying with all laws, rules and regulations which apply to providing the services you offer;

  8. where you are a Tradie, you are appropriately qualified, and have any required skills, knowledge or training, to provide the services; and

  9. where you are a Tradie, you are solely responsible for determining which projects to accept, the type, timing, manner and means, methods or processes of providing your services and the price you charge for services. You are not our employee and are not entitled to any employment benefits. We do not supervise, direct or control any of the services you offer. We do not set your fees, work hours, your schedule or your location. We do not provide you with training, equipment or tools or any materials to provide your services. You are responsible for any taxes payable on any fee you receive for your goods and/or services.

Australian Consumer Law

Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified (Statutory Rights).

If the ACL applies to you as a consumer, nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms. 

Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.

As a Business or a Tradie Plus Member, the services provided by a Tradie may also confer on you certain rights under the ACL. In other words, if you are a “consumer” under the ACL, the services you pay for may come with automatic guarantees (e.g. that the services will be provided with care and skill, be fit for purpose, and be provided within a reasonable time). If these guarantees are not met by the service provider, you can seek a remedy from the service provider, for example re-performance of the service, cancelling the service, or compensation for loss you suffered.

This clause will survive the termination or expiry of these Terms.

Exclusions to liability

Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with: 

  1. your or your personnel’s acts or omissions;  

  2. any use or application of the Trade-o Services by a person or entity other than you, or other than as reasonably contemplated by these Terms;

  3. any unsolicited contact or marketing material you receive as a result of your contact details being available on our publicly available directory;   

  4. any aspect of the Business and Tradie interaction including the services offered by the Tradie, the description of the services requested or offered, any advice provided or the performance of services by the Tradie.

  5. any works, services, goods, materials or items which do not form part of the Trade-o Services (as expressed in these Terms), or which have not been provided by us; 

  6. any third parties or any goods and services provided by third parties, including customers, end users, suppliers, transportation or logistics providers or other subcontractors which the provision of the Platform may be contingent on, or impacted by;

  7. the Trade-o Services being unavailable, or any delay in us providing the Trade-o Services to you, for whatever reason; and/or

  8. any event outside of our reasonable control.

This clause will survive the termination or expiry of these Terms.

Limitations on liability

Despite anything to the contrary, to the maximum extent permitted by law: 

  1. we will not be liable for Consequential Loss;

  2. our liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by your acts or omissions (or any of your personnel); and

  3. our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplying the Trade-o Services to you or, in our sole discretion, to us paying you $50. 

This clause will survive the termination or expiry of these Terms.

Termination

Your Account and these Terms may be terminated by you at any time, using the ‘cancel Account’ functionality (or similar) in your Account settings.

We may suspend your Account or terminate these Terms immediately upon written notice to you, if:

  1. you (or any of your personnel) breach any provision of these Terms and that breach has not been remedied within 10 Business Days of being notified by us;

  2. there is any reason outside our control which has the effect of compromising our ability to provide the Trade-o Services; or

  3. you are unable to pay your debts as they fall due.

These Terms will terminate immediately upon written notice by you, if:

  1. we have amended these Terms and you can demonstrate that any amendment has had a material adverse impact on you, in which case, we will provide you with a pro-rata refund for any unused part of the Membership Fees;

  2. we are in breach of a material term of these Terms, and that breach has not been remedied within 10 Business Days of being notified by you; or

  3. we are unable to pay our debts as they fall due. 

Upon expiry or termination of these Terms:

  1. we will remove your access to the Platform;

  2. we will immediately cease providing the Trade-o Services;

  3. you agree, to the extent permitted by law, any payments made by you to us are not refundable to you; and

  4. where we terminate the Terms, you also agree to pay us our additional costs arising from, or in connection with, such termination.

Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it. 

This clause will survive the termination or expiry of these Terms.

General

Assignment: You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our prior written consent.

Disputes:  In relation to a dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) between a Business and us, or a Tradie and us, a Party may not commence court proceedings relating to a Dispute without first meeting with a senior representative of the other Party (if applicable) to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Queensland Law Society to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

Email: You agree that we are able to send electronic mail to you and receive electronic mail from you. You release us from any Liability you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.

Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control.

Governing law: These Terms governed by the laws of Queensland.  Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. 

Notices: Any notice given under these Terms must be in writing addressed to us at the address at the end of these Terms or to you at the address in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.

Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Definitions

Business means a business looking to connect with Tradies in order to receive services and/or bring on Tradies as employees.

Business Day means a day on which banks are open for general banking business in Queensland, excluding Saturdays, Sundays and public holidays.

Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Employment Legislation means the Fair Work Act 2009 (Cth), Fair Work Regulations 2009 (Cth), Superannuation Guarantee Charge Act 1992 (Cth) and Superannuation Guarantee (Administration) Act 1992 (Cth).

Intellectual Property means any domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.

Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.

Intellectual Property Breach means any breach by you (or any of your personnel) of any of our Intellectual Property Rights (or any breaches of third party rights including any Intellectual Property Rights of third parties).

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

Membership means access to the features set out on the Platform for each type of membership, and for the durations set out on the Platform.

Payment Date means, either: (i) if you had a free trial, the date the free trial ends; or (ii) if you did not have a free trial, the date on which you created your Account; or (iii) the date a Tradie Member upgrades to become a Tradie Plus Member.

Tradie means a tradesperson who is a Tradie Member, and includes those Tradie Members who have purchased a Tradie Plus Member Membership.  

Tradie Member means an individual Tradie who can provide services as an employee.

Tradie Plus Member means an individual Tradie who can provide services as an employee or an independent contractor, and includes contractors searching for Tradies to perform services as subcontractors.

Work Health and Safety Legislation means all applicable work health and safety legislation, including that legislation which is applicable in the location in which your business provides services.

 

For any questions or notices, please contact us at:

Renee Boardman t/a Trade-o Australia ABN 73 146 951 401

Email: info@trade-o.com.au

Last update: 10 December 2020

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