By using this website, you agree to be bound by the following terms and conditions:
These terms and conditions are contractually binding and constitute the complete terms and conditions which govern your use of the Service and the Site.
You agree to pay all fees payable to TradiePoint in connection with your use of the Service pursuant to the Fees Policy set out in the Fee Policy.
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.
TradiePoint reserves the right to:
You undertake to TradiePoint that you will NOT:
You must safeguard your User ID and Password. You acknowledge and agree that TradiePoint is entitled to assume that any person using the Service with your User ID and Password is you or is authorised to act for you.
Without limiting TradiePoint's other remedies, TradiePoint may:
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:
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.
You may cancel your participation in the Site and the Service at any time by emailing TradiePoint at firstname.lastname@example.org the Cancel Account page on the Site. TradiePoint will confirm your cancellation by email.
You hereby acknowledge and agree that:
You hereby indemnify and agree to keep indemnified TradiePoint against any Losses incurred by TradiePoint, arising directly or indirectly, in respect of:
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, the Site or the Service by a third party which use or access is authorised, or assisted, by you.
You acknowledge and agree that:
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.
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.
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.
This Agreement shall constitute the sole understanding of the Parties with respect to the subject matter and replaces all other agreements with respect thereto.
Time shall be of the essence in this Agreement in all respects.
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);
Fees Policy means TradiePoint’s Fees Policy which is available from the Site and referred to in clause 1A;
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;
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, as well as the associated iPhone application TradiePoint and the Android application TradiePoint;
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;
TradiePoint means TradiePoint and its Associates;
User means any person who accesses or uses the Site and includes, without limitation, Tradesmen and Customers;
User ID means the alphanumeric identification which a User adopts in relation to its access to, and use of, the Service (including, without limitation, the User’s access to, and use of, the Site;
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.