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Terms & Conditions (Trades and Businesses)
Terms and conditions
1. The following terms govern the use of this service and website. You agree and acknowledge that you (as the user) are bound by these terms and conditions which constitute a binding legal Agreement between you and Tradies Direct to you.
2. Tradies Direct to you reserves the right, in its sole discretion and at any time, to revise or amend these terms and conditions. Service Inclusions
3. Tradies Direct to you will provide you with a basic page on the website tradiesdirecttoyou.com.au (the Website).
4. Tradies Direct to you will maintain the page for you in accordance with these terms and conditions.
Payment and Term
5. The subscription packages, terms, and respective fees payable by you to Tradies Direct to you are specified in Schedule 1. You agree to pay the relevant subscription fee as set out in Schedule 1.
6. Payment must be received prior to your listing and page being published on the Tradies Direct to you website.
7. You acknowledge and agree that each subscription has a minimum term. By using Tradies Direct to you’s services, you commit to the full term that you have selected.
8. You may terminate the agreement at any time by notifying Tradies Direct to you in writing.
9. You acknowledge that to the extent permissible at law, if you terminate the Agreement within the set term of your selected plan, PAYMENTS ARE NON-REFUNDABLE, INCLUDING FOR ANY PARTIALLY USED PERIOD. Automatic renewal
10. Unless you terminate your subscription or indicate that you do not wish to renew before the end of your selected term, your subscription will be automatically renewed.
Billing 26 Week Plans
11. Your nominated bank account will be invoiced 28 days in advance in accordance with your subscription plan. You will continue to be invoiced for the duration of your subscription.
12. Your nominated bank account will be invoiced annually in advance according to your subscription plan, or you can pay the payment straight into Tradies Direct to You's bank account.
13. If your account is overdue, Tradies Direct to you has the right to take your page on the Website offline until receipt of all outstanding monies.
User Obligations Updates
14. It is your obligation as a user to notify Tradies Direct to you of any necessary updates to information displayed on your page. Tradies Direct to you will, at your written request, update the information (including, but not limited to, your business phone number or address) on your page free of charge once every 12 weeks. If you require additional updates, modifications "wording and or images" or design in that time, a minimum of $30 administration fee per update will apply.
15. You confirm that:
(a) all information you provide to us is true and correct;
(b) any pictures used on your page must be a true representation of your business, products and, services and will not be misleading deceptive or confusing in any way.
16. As a user, you acknowledge and agree that you are responsible for all and any content submitted and made available on your page on the Website. You warrant and undertake that you will not include content on your page that:
(a) you do not have the right to use;
(b) contravenes any relevant laws, including without limitation, the Competition and Consumer Act 2010 (Cth), the Privacy Act 1988 (Cth) or any regulations made under those Acts (including relevant industry regulations, standards of practice or codes of conduct);
(c) is defamatory or in contempt of any legal or other proceedings;
(d) is misleading or deceptive;
(e) infringes any copyright, trade mark, patent, or other intellectual property right of another person;
(f) contains viruses or similar software or data which may interrupt, destroy, or limit the functionality of any computer software or hardware;
(g) is injurious to the health and safety of others; or
(h( impersonates any person or misrepresents a connection, affiliation, or relationship with or to any person.
17. Upon request, you must provide Tradies Direct to you with the following information:
(B) if applicable, your building licence or other required professional licence; and
(c) your qualifications in carrying out the services for which you are listed.
Standard of Service
18. You acknowledge and agree that all services provided by you to a customer must comply with the relevant Australian standards, regulations, and laws including, but not limited to, statutory warranties for goods and services under the Australian Consumer Law.
19. You agree that you will only advertise and list yourself for services that you are lawfully permitted to carry out.
20. Tradies Direct to you reserves the right, in its sole discretion, to restrict, remove, and delete your webpage should your services or business become subject to complaints or negative reviews, or if it becomes known to Tradies Direct to you that you have provided misleading information about your services or qualifications or have made any misrepresentations to Tradies Direct to you.
21. You agree to indemnify Tradies Direct to you for any damage or loss of any kind arising from a breach of the warranty and undertaking in clause 17 above, or from the content that you have caused to be published on the Website, including but not limited to intellectual property infringement, defamatory material or content that is injurious to the health and safety of others.
Ownership of Intellectual Property
22. Tradies Direct to you is the owner of all intellectual property rights in the Website including content information, graphics, design, and software except where you have provided your own material, including but not limited to text, images, and pictures in any form for use on the Website.
23. You are responsible for obtaining permission from the owner of any intellectual property in any third party material incorporated in the Website for use on your page including, but not limited to, images and graphics.
24. You grant Tradies Direct to you a worldwide, royalty-free, perpetual, and irrevocable licence to publish the information and materials provided by you. You warrant that you are authorised to grant the licence in this clause.
25. Nothing in these terms and conditions creates any relationship of employee-employer, partnership, joint venture or subcontract.
26. These terms and conditions are governed by and are to be construed in accordance with the laws of South Australia and the parties irrevocably submit to the jurisdiction of the courts of that State.
27. Headings used within these terms and conditions are for reference purposes only and do not impact upon the interpretation of the clauses contained within these terms and conditions.
28. If any provision of these terms and conditions is found to be unenforceable for any reason, then that provision will be severed and all other provisions are to remain in full force and effect.