TERMS AND CONDITIONS

23 February, 2015

The Terms and Conditions Agreement (“Agreement”) herein comprises the entire agreement between Canberra Tradies Pty Limited (ACN 60117 2927 and ABN 85 029 174 112) (“Company”, “We”, “Us”, “Our”), the operators of www.capitaltradies.com.au (“Website”), and you. You agree that by browsing the Website or registering and using any services offered on or through the Website, you have accepted this Agreement and will be bound by all of its provisions. If you do not agree with this Agreement or any clauses contained herein, please do not browse, register or use any services offered on or through this Website.

Changes to this Agreement may be made at anytime without advance notice at the sole discretion of the Company. Any modified Agreement published on the Website replaces any previously published version. It shall be the responsibility of all users of the Website and its services to regularly review the Terms and Conditions agreement. Continued use of the Website and its services after the modified Agreement is published constitutes implied acceptance of the modified Agreement.

1. Overview

www.capitaltradies.com.au is a local online tradespersons recommendation service that connects homeowners, businesses and tradespersons in the Australian Capital Territory (ACT). The Website service provides homeowners and businesses with a source of tradespersons that have been previously rated for their quality of work; and gives the tradespersons an opportunity to gain new business. The Website provides internet and telephone based electronic word of mouth recommendations for tradespersons and customers for completed trade jobs. These trade jobs are submitted electronically to the Website with registered customer’s defined scopes of work, including address details. Locally based (using customer address details) and registered tradespersons then submit a quote for review by the customer. The customer can then review the quotes before selecting a quote that meets their defined scope of work. Once the job is completed, both the customer and tradesperson can submit a rating on each other. This rating provides the electronic word of mouth for future customers or tradespeople to base their selection decisions on. However, we reserve the right, without obligation, to review and/or revise the ratings/comments based on the terms and conditions contained in this Agreement, especially Clause 7.

2. Eligibility

2.1 Use of the Website and its services is void where prohibited.
2.2 By using this Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the terms and condition of this Agreement.
2.3 You must be an individual of 18 years of age or older to register or use this website. We strongly encourage parents and guardians to supervise the activity of all children under the age of 18 when using the internet.

3. Links

3.1 Where the Website provides links to other site(s), it does so purely as a convenience to you. We accept no responsibility for the content or conduct of the other sites to which we provide links.
3.2 Linking into the site to other than the home page (http://www.capitaltradies.com.au) is prohibited.

4. Registration

4.1 Only residents of Australia over the age of 18 may register to use www.capitaltradies.com.au and its services. Registering to use the Website means you represent that you can form a legally binding contract enforceable against you.
4.2 To register to use www.capitaltradies.com.au and its services, you must supply a valid email, post code, contact phone number, name and address details where the job will be completed. The customer/business must also select the type of job/tradespersons who are qualified to bid on such a job and write a job description clearly detailing what is required by the tradespeople to successfully complete the job.
4.3 If any registration information is inaccurate or you fail to adhere to any part of the user agreement we reserve the right to terminate your registration and right to use our services immediately.
4.4 You must ensure any personal information is accurate before submitting any jobs.
4.5 You are solely responsible for maintaining the confidentiality of your password and account.
4.6 You agree not to transfer your email address or password, or lend or otherwise transfer your use of or access to the Website services to any third party.
4.7 Multiple registrations are prohibited, whether false or not.
4.8 You are solely responsible for any and all activities that happen under your account. You agree to contact us immediately using the contact section of the Website if any unauthorised use or security incident occurs and log off/exit from your account at the end of each session.
4.9 Changes to registration details or passwords can be made by accessing the account details when logged in.
4.10 You agree that we will not be liable for any loss or damage arising from your failure to provide accurate registration details and subsequent registration termination.

5. Service Fees

5.1 Registration is free for customers and tradespeople.
5.2 Tradespersons shall pay prescribed commission for the job into the Company’s account within 7 days of being paid by the customer. The Company’s Secretary shall confirm with the tradesperson as well as the customer to check the successful payment transaction among the parties so that there is no dispute regarding the payment of commission.
5.3 Once a customer has given a job to a tradesperson through the Website, any additional work required from the tradesperson shall be routed through the Website.
5.4We reserve the right to change the fees charged for any of our services at any time.

6. Charity and Personal Points Programme

6.1 When you register for a job on the Website, you can opt-in to the Charity and Personal Points Programme online or via phone call. However, we reserve the right to refuse any application for membership to the Charity and Personal Points Programme for any or no reason whatsoever.
6.2 There shall be no joining fee for the the Charity and Personal Points Programme.
6.3 If you choose to join the Charity and Personal Points Programme, for every $1 spent on a job, 2 points shall be created. You may choose either to have all or half of these points go to a charity. In case you choose the latter, the remaining half points may be accumulated in your account; and become eligible for redemption on a job created on the Website, subject to a minimum threshold of 14,000 points. For more information on redemption of points, please check the relevant Charity and Personal Points Programme page.
6.4 All the points are generated at the time of full payment of the job to the tradespersons as well as commission to the Website. However, if the tradesperson fails to pay the commission to the Website within seven (7) days of receiving full payment from the customer, the Company shall, in its sole discretion, provide an opportunity to the tradesperson to pay the due amount within a reasonable period of time to be decided at the sole discretion of the Company. However, even after the expiry such grace period of 7 days, the tradesperson fails to make due payment to the Company, the Website membership of such defaulting tradesperson may be terminated, either temporarily or permanently.
6.5 The points shall be renumerated by the charity or the customer either online or through the Company office.
6.6 The points cannot be exchanged, transferred, sold, bartered, or otherwise dealt with, to other participating members, other than in accordance with the terms and conditions contained herein. However, you can allocate your points to family and friends. In order to become eligible for allocation of points to family and friends, you need to have a minimum of 50,000 points credited in your account.
6.7 If an account remains inactive with points for over 7 years, then such points shall be allocated back to the Company.
6.8 The list of participating charities shall be available on the Website. The choice of charities shall be at the Company’ sole and absolute discretion.
6.9 The Company shall only deal with the registered Charities on the ‘Australian Charities and Not-for-Profit Commission’, Australian Government, and operating in the Australian Capital Territory (ACT), Canberra.
6.10 The charities shall be paid upon reaching a threshold of 1 million points, which shall be equivalent to AUD $10,000.
6.11 The charities shall market the Website services to the contacts in their databases, including without limitation, through direct mail, social media, promotional campaigns, etc. Additionally, the charities shall provide a backlink to the Website on their website(s). The Company shall also promote the charities on the Website and its associated social media.
6.12 "The courts have held and the Australian Taxation Office (ATO) accepts that in most circumstances the rewards received under a consumer loyalty program are not taxable." (Source: ‘Rewards received under consumer loyalty programs’ at https://www.ato.gov.au/Individuals/Income-and-deductions/In-detail/Other-income,-deductions-or-offsets/Rewards-received-under-consumer-loyalty-programs/). However, we strongly recommend that you consult your accountant or tax adviser to ensure you understand possible tax implications, for example fringe benefits tax (if applicable).

7. Acceptable Use Policy

7.1 All submitted trade jobs and bids on these jobs will be made in good faith.
7.2 You shall:

use the Website and its services in a professional manner;
not act dishonestly or unprofessionally by engaging in unprofessional behaviour by posting inappropriate, inaccurate, or objectionable content on the Website;
not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the services, or any part thereof;
not send unsolicited, chain letters, junk mail, or any email communications to or through the Website;
not use manual or automated software, devices, scripts, robots, other means or processes to access, “scrape”, crawl” or spider” any web pages or other services contained in the Website;
not use bots or other automated methods to add or download contacts, send or redirect messages or other permitted activities other than through the Website;
not engage in “framing”, “mirroring”, or otherwise simulating the appearance of the Website;
not attempt to or actually override any security component included in or underlying the Website;
not engage in any action that would affect the communication of the Website, such as unsolicited communications or gain unauthorised access affecting the deliver of services and standard system response times. This includes distributing computer viruses or worms through the Website;
not engage in any conduct which, in our discretion, is considered inappropriate, unauthorised or objectionable. This includes complying with all applicable laws and regulations of the State, Territories (Australian Capital Territory – ACT) and National laws of Australia.

7.3 You hereby consent to our employees and representatives being able to access your account and records for any reason, in our sole discretion.
7.4 We also reserve the right, but do not assume the responsibility, to monitor or review your conduct while using our service.

8. Feedback

Any feedback posted on the completed jobs by either the customer or tradesperson must not contain racist, offensive, derogatory, insulting, defamatory language or inappropriate language. Please contact us immediately using the contact section of the Website if you become aware of any feedback containing any of the above.

9. Service availability

We take every reasonable action to ensure the Website and services are available subject to any maintenance, which could result in Website and services being unavailable. We take no responsibility for any loss of Website or services or corruption of data held by the Website.

10. Intellectual Property Rights

10.1 This Website is for your personal, non-commercial use only.
10.2 You may not modify copy, distribute, transmit, display, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products, or services contained within this Website.
10.3 You may not use this Website, or any of its contents, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own site.
10.4 The Company and its licensors own all the proprietary and intellectual property rights, including without limitation, trademarks, copyrights, patents, in the Website and the software, software code and other material underlying and forming part of the Website or services delivered through the Website.

11. Privacy policy

We respect your online privacy and strive to protect the confidentiality of your personal information collected while you browse different features of this Website. Your personal and non-personal data so collected shall be subject to the treatment as laid out in our Privacy Policy available on this page.

12. Dispute Resolution

The Company is not a party to any transaction between the registered tradespersons and customers. You agree not to involve, or attempt to involve, the Company in any dispute or in the resolution of disputes that arise between registered tradespersons and customers as a result of the services provided by the Website.

13. Governing Law

This Website is operated in Australia by Canberra Tradies, which is an Australian company. Any disputes or claims arising from or relating to your use of the Website, patents or trademarks will be heard only in the Courts of Canberra ACT, Australia, and you agree to the jurisdiction of Canberra Courts to hear any dispute. This Agreement, trademarks, intellectual property and business processes are governed by the laws of Australia.

14. Breach of Agreement

Any breach of this Agreement can result in termination of your registration and right to use our services immediately without recourse. You agree that we will not be liable for any loss or damage arising from your breach of this Agreement and subsequent cancelation of registration and removal of any job bids or listing, including historical job information.

15. No Waiver

The failure of one party to require performance of any provision shall not affect that party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

16. Partial Invalidity

Should one or more clauses of this Agreement or the above provisions be declared invalid or partially invalid, this should not affect the legal validity of the remaining provisions. Rather, the parties agree to replace the invalid or partially invalid provision by such a valid provision, which comes commercially closest to the invalid or partially invalid provision

17. Force Majeure

The Company’s failure to perform any term or condition of this Agreement as a result of the circumstances beyond its control such as, without limitation, war, strikes, fires, floods, acts of God, governmental restrictions, power failures, or damage or destruction of any network facilities or servers, or degradation of service including complete failure shall not be deemed a breach of this Agreement.

18. Disclaimer of Warranties

18.1 You expressly agree that your use of the Website is at your sole risk.
18.2 The Website is provided on an “AS IS” and “AS AVAILABLE” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement as to the operation of the Website, or the information, content, materials, or products included in the Website, including tradespersons and customer ratings.
18.3 We make no warranty that the Website will meet your requirements, or that the Website will be uninterrupted, timely, secure, or error free.
18.4 We make no warranty as to the results that may be obtained from the use of the Website or as to the accuracy or reliability of any information obtained through the Website or that defects in the Website will be corrected.
18.5 You acknowledge that the Website does not control products or services offered by advertisers, third parties or other users on or through the Website, including, without limitation, information, products, or services provided by license to the Website from third parties or materials provided by other users.
18.6 We assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability, usefulness or decency of the Website or content or products distributed or made available by third parties (including, without limitation, advertisers and users) through the Website.
18.7 You will be solely responsible for any damage to your computer system or loss of data that results from your attempt to upload or download any material (including widgets) from the Website.
18.8 We make no warranty regarding any goods or services purchased or obtained through the Website, including verification that the tradesperson is suitable certified to complete a specific scope of work.
18.9 No advice or information, whether oral or written, obtained by you from the Website shall create any warranty not expressly made herein.

19. Limitation of Liability

19.1 The Company shall not be liable for any indirect, incidental, special or consequential damages, including, but not limited to, damages for loss of profits, use, data or other intangibles, even if the Company has been advised of the possibility of such damages, resulting from the (i) use or inability to use the Website; (ii) cost or procurement of substitute goods and services; (iii) any goods or services purchased or obtained or content received or transactions entered into with the Website or a third party through the use of the Website service; (iv) inaccuracy of any information obtained from the use of the Website service or reliance on such information; or (v) unauthorized access to your account or alteration of your account or data; or (vi) loss of business or reputation through low ratings of completed projects.
19.2 You specifically agree that the Company is not responsible or liable to you or anyone else for any harmful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit or otherwise objectionable conduct or speech of any other party on or through the Website service, or for any infringement or violation of your rights by any other party, including, but not limited to, intellectual property rights, rights of publicity, or rights of privacy.

20. Indemnity

You agree to indemnify, defend and hold the Company (including its officers, directors, agents and shareholders) harmless from and against any and all loss, costs, expenses, claims, damages and liabilities related to or associated with your use of the Website or its services or incurred by us to any person related to your failure to adhere to this Agreement.