OurTradie TERMS OF SERVICE for Tradies

(Effective Date: June 28, 2013)

 

This OURTRADIE TERMS OF SERVICE for Tradies (“Agreement”) governs the relationship between OurTradie Pty Ltd ABN 80 163 676 015, a Queensland based company (“OurTradie”, “we”, or “us”) and trade service providers who use the ourtradie.com internet platform owned and operated by OurTradie (the “Website”) (individually, “Tradie” or “You,” and collectively, “Tradies”). References to Websites shall include, but are not limited to, any and all uses of ourtradie.com via mobile applications, mobile devices, personal computers, email, telephones or other electronic devices. OurTradie and Tradie are collectively referred to as "Parties" and individually as "Party." Tradies agree to accept the terms and conditions of this Agreement upon submission of a registration application on the Website.

1. OurTradie’s SERVICE

1.1

Overview. OurTradie is an online referral service company that connects Customers (“Customers”) online to specific Tradies (“OurTradie’s Services”). On the Website, a Customer solicits quotes for trades and/or services from Tradies for a specific Job (“Job Request”). The Job Request shall contain detailed information about the work needed for the Customer’s specific Job ("Job"). Once OurTradie receives a Job Request, OurTradie selects qualified Tradies, from its database, to receive notice of the Job Request. The selected Tradies are notified of selection and allowed to view the Job Request and submit an offer to provide the requested services (“Quote”). Upon the Customer’s selection of a Quote, the Customer and Tradie automatically enter into a legally binding agreement between the Customer and Tradie to perform the work for the Job. OurTradie will not be a party or third-party beneficiary to any agreements entered into by and between Customer and Tradie.

1.2

No Implied or Further Agreement. OurTradie makes no assurance that a Tradie will receive a minimum or particular number of leads or Quotes or receive a minimum or particular dollar amount of business under this Agreement. Nothing in this Agreement obligates OurTradie to refer the Tradie to any Customer for any particular Job. In view of the foregoing, the Parties represent and warrant to one another that any investments or expenditures a Party has made or may make, in anticipation or following execution of this Agreement, are at such Party’s sole and knowing risk.

1.3

Ratings. OurTradie provides a rating for each Tradie. Customers may see the ratings for Tradies referred by OurTradie to submit a Quote on a Job. Tradie ratings are typically derived from the following sources: (1) Customer ratings – Customers can rate Tradies who either performed a Job for the Customer or who have an appointment with the Tradie; (2) Tradie provided ratings – Tradies can provide ratings from a legitimate external site for use on OurTradie’s Website; and (3) OurTradie located ratings – OurTradie can find and use ratings concerning a Tradie that are listed on a legitimate external site. OurTradie will not make any independent assessment(s) of a Tradie’s quality of work. In its absolute discretion, OurTradie may from time to time remove reviews that are not applicable. If Tradie disagrees with a rating, it may appeal to OurTradie either through email or written notice; however, ultimately, OurTradie has sole discretion on ratings posted on the Website.

1.4

Background Checks. Either a principal or owner of Tradie must pass OurTradie’s background screening process before it can become a registered Tradie and use OurTradie’s Services. This screening will be conducted by a third-party agency or agencies approved or designated by OurTradie. Tradie will be notified of the results but will not receive access to the reports, except to the extent OurTradie is required under applicable law to allow such access or review or unless the Tradie is credentialed by the third-party agency. Later passing background screenings may be required from time-to-time by OurTradie as a condition of continued use of OurTradie’s Services. Until the requirements of this Section are fully satisfied, under no circumstances will Tradie or its personnel use OurTradie’s Services or have contact with OurTradie Customers.

1.5

Background Checks Disclosure. In order for Tradie to join the OurTradie marketplace, OurTradie Pty Ltd will obtain a background check, which may include information regarding my credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living. Veda Pty. Ltd. “Veda” may share the contents of the credit reference report with OurTradie Pty Ltd.

1.6

Authorisation. During the application process and at any time during the tenure within the OurTradie Pty Ltd marketplace, Tradie authorises Veda, to procure a credit reference report which may include information regarding my credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living. This report may be compiled with information from credit bureaus, courts record repositories, departments of motor vehicles, past or present employers and educational institutions, governmental occupational licensing or registration entities, business or personal references, and any other source required to verify information that Tradie has voluntarily supplied. Tradie may request a complete and accurate disclosure of the nature and scope of the background verification; to the extent such investigation includes information bearing on my character, general reputation, personal characteristics or mode of living. Tradie further authorizes Veda to share the results of any report with OurTradie Pty Ltd.

 

Tradie releases Veda, OurTradie Pty Ltd and any person or entity that provides information pursuant to this authorisation from any and all liabilities arising from any claims, lawsuits or other actions in regard to the information obtained from any and all of the above referenced sources. Tradie agrees that the giving of any false, misleading, or incomplete information will be grounds for determination of my authorisation to participate in the OurTradie Pty Ltd marketplace.

 

The following company will prepare the credit reference report:

Veda Pty. Ltd.

Phone: 1300 921 621

Online: veda.com.au

1.7

OurTradie Pre-qualification. You warrant that the information supplied by you will be true and accurate and not subject to any limitation whatsoever. OurTradie pre-qualification does not remove your statutory responsibilities under occupational health and safety legislation and does not mean you are necessarily in compliance with all relevant legislation. It is your responsibility to regularly check and confirm the information and status attributed to you by OurTradie. Any errors, omissions or exceptions are to be reported to OurTradie at the earliest possible time. On receipt of advice from you that an error, omission or exception has occurred, OurTradie will:

  1. Rectify the error, omission or exception at the earliest possible time, or

  2. Advise the contractor why the error, omission or exception cannot be rectified at the earliest possible time.

1.8

Disclosure of Information. Tradies must notify OurTradie immediately of any additional information that may have bearing on the application or OurTradie pre-qualification, including:

  1. Details of enforcement action, including statutory notices, and or prosecutions.

  2. Common Law action associated with health and safety.

  3. Major Occupational Health and Safety accidents.

  4. Changes to insurance policies such as withdrawal or cancellations.

  5. Any other information that may affect your application or OurTradie prequalification.

OurTradie reserves the right to modify, adjust or cancel OurTradie prequalification upon the receipt of additional information from whatever source. Reasons for the cancellation may be passed onto customers.

2. TRADIE OBLIGATIONS

2.1

Registration and OurTradie Profile. Prior to becoming an active Tradie on the Website, Tradie must complete and pass OurTradie’s registration process, which includes without limitation: completing an application form; providing required personal, business and payment information; and passing OurTradie’s background screening process. Tradie’s application is subject to OurTradie’s approval in its sole discretion. Information provided in Tradie’s application will be used to create an initial “OurTradie Profile” on the Website. After application approval, Tradie may modify the OurTradie Profile and/or create additional OurTradie Profiles. All individuals, acting on behalf of Tradies must be at least eighteen years of age to apply on the Website and complete a OurTradie Profile. Tradie warrants and represents that the information provided in Tradie’s OurTradie Profile(s) is accurate, up to date and in compliance with all applicable laws. It is the Tradies responsibility to ensure its accuracy at all times. Tradie represents and warrants that it is duly licensed (if applicable by local, state, and/or federal law) to perform the services it offers to Customers. OurTradie reserves the right to review all OurTradie Profiles and to delete any content posted on the Website in its absolute discretion.

2.2

Submitting a Quote. When referred by OurTradie to a Customer’s Job Request, Tradie may submit a Quote, within the specified amount of time, to perform work for the Customer on a Job. The Quote submitted may vary with the agreement of the Customer received through OurTradie. By submitting a Quote, Tradie is making a binding offer to perform the work in the Job Request for a specific amount of money. A Quote may be cancelled or rescinded up until the time the Customer accepts the Quote. Once a Quote is accepted, it becomes an “Active Job”. The Customer may accept a Quote at any time during the bidding process. A Quote will expire within the period defined by the Tradie if it has not been selected by the Customer or cancelled/rescinded by the Tradie.

2.3

Job Offer. Customer Job Requests may proceed without a Quote where the Customer requests the Tradie to perform a “Job Offer” Job Request where the services are performed and the Tradie subsequently issues an invoice for a specific amount of money.

2.4

Tradie’s Obligations to Customer. Tradie commits to perform its services solely for the benefit of the Customer and at all times in the best interest of the Customer, as agreed to between Tradie and Customer exclusively. Tradie is responsible for managing appointments and the relationship with Customers. OurTradie makes no representations or warranties as to the conduct of any Customer or the Customer's ability to pay a Tradie. Any dispute between Tradie and Customer must be addressed directly with that Customer.

2.5

Tradie Information. As a registered Tradie, you must provide certain information on an OurTradie Profile. Further, as part of registration, you may be required to provide additional information, including without limitation, email address(es), business name(s), business telephone number(s), mobile telephone numbers, business address(es), credit card information, and information concerning Tradie principal(s)/owner(s) such as background check information and personal photograph(s). By registering as a Tradie, you agree that OurTradie may provide your information to a Customer who has submitted a Job Request, may use your information in any way necessary to facilitate a Quote and Job Request, and may use your information and share it with any of its affiliated companies in accordance with OurTradie’s Privacy Policy. For details on OurTradie's use of your information, please see our Privacy Policy.

2.6

Subverting OurTradie Marketplace. Tradie agrees (1) not to receive a Job Request from a Customer and then arrange to perform the work solicited in the Job Request outside of the Website and without paying OurTradie in accordance with Section 3 below; and (2) not to submit knowingly a Quote for a Job Request with the intention of delegating the performance of the Active Job to another Tradie or to a third party for purposes of garnering a commission, agency or placement fee.

2.7

Passwords. Tradie is responsible for maintaining the confidentiality of its account password. Tradie is also responsible for all activities that occur in connection with its account. Tradie agrees to notify OurTradie immediately of any unauthorised use of its account.

2.8

Insurance/Licensing/Qualifications. Tradie is allowed to post information on insurance, licensing and qualifications on the Website. Tradie represents that the information it provides and/or posts on the Website is complete, accurate and current. Tradie agrees that it is solely responsible for the information posted by Tradie on the Website. OurTradie is in no way required to validate or update Tradie’s insurance, licensing and qualification information. By submitting a quote pursuant to paragraph 2.2, “Submitting a Quote”, Tradie represents that it is properly licensed in the jurisdiction in which it offers to perform services in connection with a quote.

3. PAYMENT

3.1

Payment Process. Upon completion of the work set forth in a Flat Rate Quote or Onsite Visit Quote, including any changes to such Quote if agreed to by Customer pursuant to the terms of this Agreement, Tradie will issue an invoice to Customer. Customer then has the sole obligation to make payment for Tradie’s work or services minus any transaction fees to which Tradie has agreed with OurTradie. Customer payments will be made through the OurTradie platform to an OurTradie account prior to OurTradie’s transfer of the monies to Tradie’s payment account. OurTradie has no obligation whatsoever to ensure payment by Customer to Tradie for Tradie's services pursuant to the agreement between the Customer and Tradie.

3.2

Deposits. As part of agreement between the Tradie and Customer, Tradie may obligate the Customer to payment of a deposit. In that event, deposit will be paid into the OurTradie account then transferred to Tradie’s account in accordance with the terms set forth in the parties' agreement.

3.3

Fees. In exchange for the referral services provided to Tradie by OurTradie, Tradie agrees to the payment of fees to OurTradie as set forth in paragraph 3.5 of this Agreement.

3.4

Maximum Service Cost. OurTradie may limit Tradie or Customer’s use of the OurTradie platform’s payment process services within OurTradie’s sole discretion. When Customer is directed not to make payment through the OurTradie payment process service, Customer and Tradie shall be solely responsible for making payment arrangements.

3.5

Payments to OurTradie. Tradies pay OurTradie for OurTradie’s Services by:

  1. paying a monthly fee based on the invoiced value of accepted Jobs;

  2. paying a fee for based on the cost assigned by OurTradie for the immediate release of funds to the Tradie for the value of invoices accepted but not yet paid by customer.

3.6

Credit Card and statements. Tradies registering with OurTradie must provide a credit card to submit payment for OurTradie’s Services. Tradie will receive an email identifying the charge. Tradie will be sent a monthly itemised statement identifying charges and transactions.

3.7

Past Due Balances. Past due balances are subject to a finance charge of 1.5% per month which is an agreed rate of damages that OurTradie would incur by deficit financing Tradies accounts, or the maximum amount permitted by applicable law, whichever is lower. If Tradie’s account is past due, Tradie agrees to pay any and all related collection costs, including but not limited to court costs, legal fees, collection agency fees and administrative costs.

3.8

Suspension. A Tradie’s account will be suspended if a monthly Fee charge is rejected. Upon suspension, Tradie will not be matched with any Job Requests, and Tradie will not be allowed to Quote or schedule any jobs through OurTradie until Tradie provides a valid credit card and OurTradie is able to charge and outstanding fees.

3.9

Taxes. Tradie is responsible for paying all applicable taxes, including any GST associated with materials and services used to complete the jobs for Customer, and any other costs Tradie incurs.

3.10

Cancellation and Refunds.

  1. Customer Jobs. Tradie may only cancel jobs through the Website via the cancel job feature. OurTradie may continue to charge Tradie for charges to Tradie’s account incurred prior to receipt of Tradie’s online cancellation. Tradie understands and agrees that any misrepresentations and/or fraud concerning a cancellation are grounds for immediate termination.

  2. Services refunds. Tradie may refund services payments for Accepted and paid jobs through the Website via the refund job feature.

  3. Goods refunds. Tradie may seek to return or seek a refund for goods purchased from OurTradie by presenting the goods to the supplier OurTradie purchased the goods from with an OurTradie invoice. The goods must be in an acceptable form to pass the supplier’s returns policy.

  4. Tradie understands and agrees that any misrepresentations and/or fraud concerning a refund, return of goods or a cancellation are grounds for immediate termination.

4. TERM/TERMINATION

4.1

Tradie Termination. Tradie may terminate its account at any time, for any reason. To terminate an account, Tradie must send written notice of termination to OurTradie Pty. Ltd., 230 Petrie Terrace, Petrie Terrace, Brisbane, Queensland, 4000, or email notice of termination to support@ourtradie.com.au. Tradie's account will be disabled within 14 days of receipt of termination notice.

4.2

OurTradie Termination. OurTradie may terminate Tradie’s account at any time, with or without cause, by sending notice to Tradie at the email address provided in the account registration. OurTradie’s termination of an account is effective immediately.

5. INDEMNIFICATION

5.1

Tradie Indemnification. Tradie will indemnify defend and hold harmless OurTradie and its owners, parents, officers, shareholders, affiliates, subsidiaries, associates, directors, employees, subcontractors and agents from and against, any losses, liabilities, claims, causes of action, lawsuits, judgments, civil penalties, damages and expenses suffered, including reasonable attorneys’ fees, resulting from or arising out of any act or omission of Tradie, except to the extent such loss is caused by OurTradie’s sole negligence.

5.2

OurTradie’s Right to Assume Defence. Notwithstanding any other provision herein, and without limiting Tradie’s obligation to fully indemnify OurTradie under this Agreement, OurTradie reserves the absolute right to assume the defence of any claim against OurTradie. In the event that such claim is within the scope of Tradie’s indemnification obligation, Tradie agrees to reimburse OurTradie any and all costs and expenses, including reasonable attorneys’ fees, incurred in the defence of such claim.

5.3

No Settlement Without Consent. Tradie will not enter into any settlement or compromise of a claim that would result in the admission of any liability, create any financial liability, or that would subject OurTradie to injunctive relief or otherwise bind, restrict or commit OurTradie without first obtaining OurTradie’s prior written consent.

5.4

Participating in the Defence. OurTradie has the right, but not the obligation, to participate, as it deems necessary, in the handling, adjustment or defence of any claim. If OurTradie reasonably determines that defences are available to it that are not available to Tradie, and if raising such defences would create a conflict of interest for the counsel defending the claim, OurTradie will be entitled to retain separate counsel, at Tradie’s expense, to raise such defences.

5.5

Assumption of Defence. Should Tradie fail to assume its obligations, including its obligation to diligently pursue and pay for the defence of the OurTradie under this Section, Tradie agrees that OurTradie will have the right, but not the obligation, to proceed on its own behalf to so defend itself. OurTradie may require reimbursement from Proof any and all costs and expenses (including reasonable legal fees) and any amounts paid by OurTradie on behalf of Tradie.

6. DISCLAIMERS, LIMITATIONS and RELEASES

6.1

Disclaimer of Warranties. OURTRADIE MAKES NO REPRESENTIONS ABOUT THE SUITABILITY OF THE MATERIALS ON THIS WEBSITE FOR ANY PURPOSE OR TRADIE’S PARTICIPATION, BENEFITS, USE OR EXPECTATIONS CONCERNING OURTRADIE’S WEBSITE, BUSINESS PLATFORM OR SERVICES. ALL SUCH MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. OURTRADIE SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. OURTRADIE SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS WEBSITE. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.

6.2

Limitation of Liability. IN NO EVENT SHALL OURTRADIE, ITS AGENTS OR LICENSEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, THE MATERIALS IN THIS WEBSITE, THE DELAY OR INABILITY TO USE THIS WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH THIS WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES AND/OR JURISDICTION DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION MAY NOT APPLY IN THOSE STATES.

6.3

Release. In exchange for the REFERRAL SERVICES PROVIDES BY OURTRADIE AND THE GRANT OF ACCESS TO THE Website, AND FOR OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED BY TRADIE, Tradie expressly agrees to release OurTradie (and its officers, directors, affiliates, parent companies, employees and agents) from any claims, demands, causes of action, losses and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the website, OURTRADIE’S SERVICES OR any dispute Tradie HAS WITH ANY CUSTOMER or other TRADIE.

7. WEBSITE CONTENT

7.1

Copyright. This Website and the material within it, with exception of content posted by users, are © 2013 OurTradie. Viewing this Website creates a copy of OurTradie materials in your computer’s random access memory and/or your hard drive and/or in your proxy server.

7.2

User License. OurTradie jointly grants Tradie permission to view this Website and to print individual pages from this Website for Tradie’s own personal use, provided that Tradie agrees to and accepts without modification the notices, terms and conditions set forth in this Agreement. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this Website. You represent and warrant that you will not use this Website for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices.

7.3

Trademarks. The trademarks, service marks, and logos (the “Trademarks”) used and displayed on this Website are registered and unregistered Trademarks of OurTradie and others. Nothing on this Website should be construed as granting, by implication, estoppels or otherwise, any license or right to use any Trademark displayed on the Website, without the prior written permission of the Trademark owner. OurTradie aggressively enforces its intellectual property rights to the fullest extent of the law. The name of OurTradie, the OurTradie logo or other OurTradie formatives may not be used in any way, including advertising or publicity pertaining to distribution of materials of this Website, without prior, written permission from OurTradie. OurTradie prohibits use of the OurTradie logo as part of a link to or from any other site unless establishment of such a link is approved in advance by OurTradie in writing. Fair use of OurTradie’s trademarks requires proper acknowledgment. Other product and company names mentioned in this Website may be the trademarks of their respective owners.

7.4

OurTradie Verified Logos. Tradies successfully verified by OurTradie are licensed to use the OurTradie Verified logo. The use of the OurTradie Verified logo is a privilege extended only to Tradies whose verification is in good standing. Tradie is licensed to display the OurTradie Verified logo as part of general corporate literature, and as an element in marketing and promotions. The OurTradie Verified logo shall not be used on a product (including test certificates, reports and drawings), or in any way that may be interpreted as denoting product conformity or be placed on product packaging.

7.5

Links to Third Party Sites. This Website may contain links to websites owned or operated by parties other than OurTradie. Such links are provided for you reference only. OurTradie does not control outside sites and is not responsible for their content. OurTradie’s inclusion of links to an outside site does not imply any endorsement of the material on the website or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does OurTradie’s inclusion of the links imply that OurTradie is authorised to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected on the linked website.

7.6

Reliance on Content. Opinions, advice, statements, reviews, offers, or other information or user content made available through the Website, but not directly by OurTradie, are those of their respective authors and should not necessarily be relied upon. Such authors are solely responsible for such content. OurTradie does not:

  1. guarantee the accuracy, completeness, or usefulness of any information on the Website; or

  2. adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website.

7.7

7.7Under no circumstances will OurTradie or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any users. Content on this Website may be changed from time to time without notice.

7.8

Information Provided to OurTradie. Tradie agrees that all of the content and information posted on the Website, including but not limited to Tradie profiles, screening information, ratings and reviews (including any ratings and reviews or other content posted by you), is the sole and exclusive property of OurTradie or the party posting such content. In the event that Tradie provides OurTradie with any feedback regarding the OurTradie service or the Website, including without limitation, any flaws, errors, bugs, anomalies, problems with and/or suggestions for the service or the Website ("Feedback"), Tradie hereby assigns to OurTradie all rights in the Feedback, including but not limited to, the right to use such Feedback and related information in any manner we deem appropriate.

7.9

Improper Use. If OurTradie determines or suspects, in its sole discretion, that Tradie is misusing or attempting to misuse or circumvent the OurTradie services or system, or is using or attempting to use such for any inappropriate purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, OurTradie reserves the right, in its sole discretion, to immediately terminate Tradie’s access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.

7.10

Tradie Posted Content. Tradie is solely responsible for the content that it publishes or displays (hereinafter, "posts") or transmits to other users, or that OurTradie publishes or displays at Tradie’s request on the Website. Tradie will not post on the Website, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material, or any material that infringes or breaches another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Tradie will not provide inaccurate, misleading or false information to the Company or to any other user. If information provided to OurTradie or another user subsequently becomes inaccurate, misleading or false, Tradie will promptly notify OurTradie of such change.

7.11

OurTradie may review and delete any content, messages, double-blind emails, photos or profiles (collectively, "Content"), in each case in whole or in part, that in the sole judgment of OurTradie breaches this Agreement or which might be offensive, illegal, or that might breach the rights, harm or threaten the safety of users.

By posting Content to any public area of the Website, Tradie automatically grants, and represents and warrants that it has the right to grant, to OurTradie, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, sell, rent, lease, display, reproduce, adapt, modify and distribute such information and Content and to prepare derivative works of, or incorporate into other works, such information and Content, and to grant and authorise sublicenses of the foregoing. Tradie further represents and warrants that public posting and use of its Content by OurTradie will not infringe or breach the rights of any third party.

Content that is illegal or prohibited on the Website includes, without limitation, Content that:

  1. is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

  2. harasses or advocates harassment of another person;

  3. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";

  4. promotes information that you know is false or misleading (including with respect to the identity of the party who will perform an Active Job);

  5. promotes illegal activities or conduct that is abusive, threatening, obscene, or defamatory;

  6. promotes an illegal or unauthorised copy of another person's intellectual property, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;

  7. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

  8. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;

  9. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

  10. solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

  11. engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; and

  12. breaches privacy laws.

Tradie’s use of the Website, including but not limited to the Content it posts on the Website, must be in compliance with any and all applicable laws and regulations. All information Tradie includes in its account information and Skill Profile(s) must be accurate, current and complete. OurTradie reserves the right to investigate and terminate your membership if you misuse the Website or behave in a way which could be regarded as inappropriate, unlawful or illegal.

8. MISCELLANEOUS

8.1

This Agreement and the OurTradie payment process may be changed from time to time, and you agree to be bound by any changes that are posted on the Website or which are otherwise communicated to you.

8.2

Privacy. Use of the Website is also governed by our Privacy Policy, available at http://ourtradie.com.au/about/privacy.

8.3

Relationship of the Parties. OurTradie and its affiliated companies provide only a referral service to Tradie. In no event will OurTradie be considered a trade service provider, general contractor, construction manager, job manager, joint employer, joint venturer, or partner of Tradie or any of its affiliates or their respective personnel.

8.4

References to Tradies. Any reference to Tradie refers to Tradie and Tradie’s personnel, agents, equipment, facilities and resources used by Tradie, regardless of whether Tradie owns, operates or controls said equipment, facilities or resources.

8.5

Non-Exclusivity. This Agreement is non-exclusive and OurTradie may provide OurTradie’s services to any other Tradie. Similarly, Tradie may use referral services of any other business similar to OurTradie.

8.6

Tradie may not assign this Agreement without the express written consent of OurTradie.

8.7

If any part or parts of this Agreement are held to be invalid, the remaining parts of this Agreement will be valid and enforceable.

8.8

This Agreement will be governed by and construed in accordance with the laws of the State of Queensland.

8.9

Disputes. All disputes arising or relating to this Agreement the parties must meet to resolve the dispute by negotiation. If the dispute is not resolved within 30 days of first notification by one party to the other of the particulars of the dispute the parties must endeavour to settle the dispute by mediation administered by the Australian Commercial Dispute Centre before having recourse to litigation. The mediation must be conducted in accordance with the Australian Commercial Dispute Centre Guidelines for Commercial Mediation, which are operating at the time the matter is referred to ACDC.