Terms and Conditions
- Before you begin to use the services on the website we need to outline to you that you have read and understand, the terms and conditions of your use of the website and Tradie Start.
- The Terms and Conditions (as published on the website) together with any additional terms, conditions, notices and disclaimers published on the website and any documents available for download on the website (Terms and Conditions) regulate your use of the website and Tradie Start.
- Through your use of the website and Tradie Start, you acknowledge and agree that the Terms and Conditions constitute the rules and conditions of access to, use of and supply of information from the website.
- Please take time to review this document. If you use or continue to use the website and/or services provided by Tradie Start you acknowledge and agree that you accept to abide by and be bound by the Terms and Conditions and any changes made by Tradie Start or any authorised officer, agent, employee or contractor of Tradie Start to the Terms and Conditions from time to time.
- All terms and conditions that govern your use of the website (including disclaimers) may be amended by Tradie Start from time to time by posting those amendments on the website without any notice to you. Those amendments apply to your next usage of the website. You are responsible for ensuring that you regularly review the website and these Terms and Conditions. Your continued use of the website after any such changes are made will be deemed to constitute your acceptance of those changes.
- If you object to any of the Terms and Conditions or any subsequent changes to them, or become dissatisfied with your use of the Tradie Start in any way, your only remedy is to immediately stop using the services of tradie start and the website.
Tradiestart.com.au & other Tradie Start websites
- The tradiestart.com.au website is owned and operated by Tradie Start Pty Ltd (ABN 69 483 468 674) (Tradie Start).
- Tradie Start own and operate other websites hosted on domain names other than tradiestart.com.au. By completing the user registration process on any site owned and operated by Tradie Start you agree to be bound by these terms and conditions.
- A link to this Terms and Conditions Agreement will be published on the user registration forms on all websites owned and operated by Tradie Start (website).
- From time to time the website will generate automated emails to registered users, or website users will send emails and messages to one another through the website. Emails sent by the website or through the website are considered a part of the Tradie Start website.
- If hyperlinks and other redirection tools taking the user to other websites operated by third parties appear on the website, you acknowledge that these websites (Outside Sites) are not controlled by Tradie Start and do not form part the Tradie Start website and agree that you will not hold Tradie Start liable or in any way accountable for anything that occurs on Outside Sites
- The Terms and Conditions and all other specific and additional terms which govern your use or membership of and access to the website will be governed by the laws of Australia.
General Information Only
- The information, opinions and other similar statements and content published on the website are provided for information purposes only and are not intended as, nor do they constitute legal, financial, taxation, technical or expert advice or to be in any way relied upon by you without undertaking your own independent verification. Information provided on the website has been derived from sources believed to be accurate at the time of compilation and no warranty or representation is made as to the accuracy or authenticity of the content of the website.
- Tradie Start and its directors, agents or employees do not accept and are by these Terms and Conditions released by you of any liability to you arising (whether directly or indirectly) out of the information provided on the website or anyone else through the website or any errors in, or omissions from information on the website.
- Tradie Start does not make any representation or warranty that any user is reputable, or will act in good faith, or according to their terms of engagement; any information on the website will be complete, reliable or accurate; or your access to the website will be secure, available or uninterrupted.
- Tradie Start disclaims and will not be liable for loss arising out of (whether directly or indirectly) and action or decision by you in reliance on the information on or provided to you through the website or provided by any business you engage on the website, nor any interruption, delay or impairment in the functioning, operation or availability of the website, exposure to or transmission of any computer virus, internet access difficulties in connection with the website, or malfunction in equipment or software.
- You should seek legal or other professional advice before acting or relying on the information set out on or provided to you through the website or provided by any business you engage on the website.
- Information on the website is for general information only.
- As a user of the website, you should make your own inquiries and obtain independent advice based on your specific circumstances prior to making any decisions.
As a condition of your use of the website or any service provided by Tradie Start, you warrant to Tradie Start that you will not use the website of any Tradie Start service for any purpose that is prohibited by the Terms and Conditions or that is illegal or unlawful.
You agree to abide by all applicable laws and regulations. Whilst not an exhaustive list, you agree not to:
- Use the website to offend others (which shall be judged in the absolute opinion of Tradie Start).
- Publish, or in any way distribute or disseminate any information which is unlawful, obscene, defamatory, offensive or inappropriate (which shall be judged in the absolute opinion of Tradie Start.
- Engage in, encourage participation or promote any contests, pyramid schemes, surveys, chain letters, spamming or unsolicited emailing through the website.
- Use automated scripting tools or software.
- Make available, using the website, any material you do not have a right to make available including any law or which contains viruses, or other computer codes, files or programs designed to interfere with the functioning of other software or hardware; or breach any laws or regulations applicable to your use of the website.
- Use the site to supply another service, or to obtain information which you either incorporate into your service or product to enhance your service or product or your business in any way such as creating potential customer lists. Any commercial use of the website requires the prior written approval of Tradie Start.
- Tradie Start has no obligation to monitor your or anyone else's use of the website. However, Tradie Start reserves the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
- As a user of the website, you indemnify Tradie Start for any loss or damage or costs arising (whether directly or indirectly) out of any breach of the Terms and Conditions or any other legal obligation by you or your use of or conduct on the website.
Limitation of Liability
As a user of the website, you expressly agree and acknowledge that in no circumstances will Tradie Start be liable to you for any indirect, incidental, special and/or consequential losses or damages or loss of profits of any nature arising (including but not limited to any act or omission by Tradie Start) which result from:
- The use or access to or any inability to use or access the website or any material on the website.
- Unauthorised access to your user account, or internet transmissions or data or statements or conduct of any third party on the website.
- Excluding liability for negligence the maximum liability of Tradie Start is equivalent to the total of any amounts you have paid to Tradie Start in respect of goods or services supplied to you by Tradie Start or $500, whichever is less.
- Tradie Start are not involved in the actual transaction between business users and customers who contract their services after first being introduced via the website.
- We have no control over the quality, safety or legality of the items or content posted on the website by any user, the truth or accuracy of any posting, the ability of businesses to provider services or the ability of customers to buy services. We cannot censure and do not guarantee that a customer or business user will actual complete a transaction or act lawfully in using the website.
- Tradie Start cannot and does not confirm each business user's purported identity.
- In the event that you have a dispute with one or more users of the website, you release Tradie Start (and our directors, agents, contractors, affiliates, parents, subsidiaries, and employees from claims, demands and damages of every kind and nature arising (whether directly or indirectly) out of such dispute.
- Tradie Start sends emails and notices regarding the status of your matters and your user account. Our emails and notices do not represent any guarantee or endorsement of your transactions. You are responsible for completing all transactions in which you participate (including monitoring the status of, and complying with all relevant legal and other obligations). We do not control, endorse or approve the services provided by the users of the website.
- You acknowledge and release Tradie Start in the event that you deal with underage persons or people acting under false pretense.
- You agree to accept the sole responsibility for the legality of your actions used the laws which apply to you. You agree that Tradie Start have no responsibility for the legality of the actions of users of the website or Tradie Start.
- You indemnify and release Tradie Start and its directors, employees, agents, contractors, affiliates from and against any claims, demands, proceedings, losses and damages of every kind and nature including reasonable solicitor's fees, made by you or any third party due to or arising (whether directly or indirectly) out of your breach of these Terms and Conditions or your violation of and law or the rights of a third party.
- You and Tradie Start are independent contractors and no agency, partnership, joint venture, employee-employer or franchisee-franchisor relationship is created or intended by this Terms and Conditions agreement or your use of the website or Tradie Start.
- Tradie Start reserve the right to modify or delete any general information you submit to the website in order to enhance the services we provide to you and other Tradie Start users.
Username & Password
- To become a member of Tradie Start, you will nominate a username and password. Your username must be a valid email address.
- You are entirely responsible for all activities that occur under your username and password. You must ensure these remain confidential at all times.
- You must notify Tradie Start immediately by email to email@example.com if you become aware of any unauthorised use of your username and password.
- Each username and password must be used by a single individual and is not transferrable.
- Tradie Start reserves the right to record phone calls between you and Service Seeking employees or Tradie Start agents for training purposes.
Personal Information & Privacy
- Tradie Start collects personal information from a variety of sources, including from members of the public, advertisers, mailing lists, contractors and business partners.
- In general, the personal information Tradie Start collects includes (but is not limited to) name, address, contact details, drivers licence, passport and, where relevant, financial information, including credit card information, banking details and income information.
- Tradie Start stores the personal information you enter on the website. Tradie Start obtains most personal information through the website registration process outline above. You may, however, provide information through a variety of different means (for example if you contact Tradie Start via email, respond to a survey published on the website or third party survey used by Tradie Start, or answering questions asked by staff or agents of Tradie Start over the phone).
How Tradie Start uses your Personal Information
- Personalise and customise your experience on the website.
- Help Tradie Start manage and enhance its services.
- Communicate with you by email, SMS message or telephone and provide you with ongoing information about opportunities on the website which Tradie Start believes you may be interested by email, SMS message or telephone.
Disclosure of Personal Information
- Tradie Start may use and disclose information relating to a user's racial or ethnic origin, membership of political bodies, religion, membership of a trade union or trade association, sexual preferences, criminal record and health only for the purpose for which it was provided or a directly related secondary purpose or as allowed by law unless the user has agreed otherwise.
Management & Security of Personal Information
- Oliver Pennington has been appointed privacy officer to oversee the management of personal information in accordance with the Terms and Conditions and the Commonwealth Privacy Act.
- Tradie Start protects the personal information Tradie Start holds from misuse, loss, unauthorised access, modification or disclosure by various means including firewalls, password access, secure servers and data encryption.
- Tradie Start may retain any personal information you provide during your use of the website, including, but not limited to, copies of identification documents, for a minimum period of 12 months after your last interaction with the website. After 12 months Tradie Start will delete, or anonymise, on your request, specific personal information from our servers, files, and databases, unless Tradie Start are required by law to retain that information.
Updating Personal Information
- Tradie Start endeavours to ensure the personal information it holds is accurate, complete and up-to-date. You can update your personal information by sending an email to firstname.lastname@example.org
Accessing Personal Information
- You have the right to seek access to the personal information Tradie Start holds about you and to advise Tradie Start of any inaccuracy. There are some exceptions to this right set out in the Privacy Act.
- If you make an access request, Tradie Start will ask you to verify your identity and specify what information you require. Tradie Start may charge you a fee to cover the costs of meeting your request.
Licence to Use Your Information
Feedback Ratings & Comments
- Tradie Start allows users of the website to rate and comment on the performance of Tradie Start business users whose business services they have either contracted, or have experienced in the course of evaluating the business user's suitability for a job.
- Tradie Start reserves the right to publish or not to publish those ratings and comments (feedback) on the website at its absolute discretion.
- Tradie Start reserves the right to delete or modify feedback submitted on the website at any time for any reason.
- Tradie Start will delete or modify if it is clear that, in the opinion of Tradie Start, the feedback is factually incorrect or does not relate to the provision of business services by the business to the user who submitted feedback.
- Tradie Start reserves the right to aggregate each businesses feedback into a percentage score and publish that score on the website.
- In Australia and other countries, feedback may be considered defamatory of the reputation and standing of individuals and businesses. You acknowledge and agree that Tradie Start accepts no responsibility for liability, damage, injury or loss that may arise from feedback submitted to or published on the website, and you, by these Terms and Conditions, release forever and indemnify Tradie Start from any liability it may incur arising out of (whether directly or indirectly) any feedback you post on the Tradie Start website.
- Further you agree that, if you or anyone else commences or threatens any action or proceeding against Tradie Start or makes any claim or demand against Tradie Start as a result of any feedback you submit to the website, Tradie Start may, in it's absolute discretion, without any notice to you immediately cancel or suspend your membership of the website.
Breaching Our Terms and Conditions
- We are unable to verify or authenticate any information you provide to us or we believe your actions may cause legal liability to you, Tradie Start users or Tradie Start.
Termination of User's Account with Tradie Start.
- You are no longer authorised to access the website or use any other Tradie Start services with the email address you used to register with the site or any other email address you possess.
- You will continue to be subject to and bound by all restrictions imposed on you by the Terms and Conditions and
- All licenses granted by you and all disclaimers by Tradie Start and limitations of Tradie Start’s liability set out in the Terms and Conditions or elsewhere on the website will survive.
Customer Support & Complaints Policy
- Tradie Start will attempt to resolve any customer complaints and answer any questions within 1 business day of the first contact made by a customer by email to email@example.com
- All complaints and enquiries are logged and managed by the Tradie Start Customer Relationship Management software.
- Technical complaints or product development suggestions will be considered for future software upgrades. Your suggestions may not result in changes to the software or Tradie Start business practices.
- All other complaints are reviewed by Tradie Start customer support representatives and may be escalated to a manager for resolution if required.
- Tradie Start reserves the right not to respond to customer support questions or complaints that offend Tradie Start employees or agents.
- Tradie Start reserves the right not to respond to questions or complaints made by individuals who, in the opinion of Tradie Start, are not current users of the website, or have been suspended from using the website.
Dispute Resolution Policy
- Tradie Start will use reasonable endeavours to mediate any dispute concerning the use by parties of the website.
- Disputes in relation to the actual services carried out by a business or any other issue will be referred, where appropriate, to external dispute resolution services or authorities.
Suspension and Termination of Business User Accounts
- Providing false or inaccurate information during business registration or when quoting on the website.
- Providing false or inaccurate information to Tradie Start employees or agents.
- Receiving in aggregate more than 2 negative feedback ratings or complaints from other website users in relation to services contracted by the users who initiate the negative feedback or complaint (2 strikes and you're out policy).
- Acting as an agent of another business or individual who is not a current paying business member of the website without the written approval of Tradie Start and
- Submitting quotes via any means to any other person or entity for work that the business user is not qualified, or licenced to perform.
Cancellations of Paid Business Memberships
- Users of the website that pay for membership (paying businesses) are entitled to contact, and offer quotes to, other website users who have submitted a job listing on the website matching the paying business' industry and geographic settings.
- Paying businesses can cancel their membership at any time calling their Account manager or 1300 304 647 during Sydney Business hours at least 2 business days before the next billing date indicated on the account. They can also email firstname.lastname@example.org from the email address they use as their username to access the site.
- Paying businesses that have prepaid for any length of time will not be refunded for the unused portion of their membership in accordance with the Refunds Policy.
- Paying businesses who are billed on a recurring cycle will not be charged further provided they cancel online or advise Tradie Start of their intention to cancel their membership before 5pm on the last business day before their next membership payment is due. Tradie Start will publish the date of the next upcoming charges for recurring payments on the website within a paying business' user account.
- Paying businesses can access the quoting and messaging facilities on the website. Paying businesses agree that membership is non-refundable at the time that payment is made.
- If you are dissatisfied with the website or Tradie Start services you are free to discontinue using the website, and as such membership fees or other payments you have made to Tradie Start are not subject to refunds.
- Business members who buy Certification are not entitled to a refund if they are unable to complete our Training and Certification course or if they stop using the website.
- In the case of an event not specifically covered in the Refund Policy, refunds will be given at the discretion of Tradie Start.
- Refunds paid in accordance with this Refund policy will be paid within 60 business days via the same method the payment to be refunded was made to Tradie Start in the first instance.
- Business users who claim a refund from their credit card provider or bank without contacting our Customer Support team first (unauthorised refund) will have their paid membership immediately suspended. Tradie Start may issue an invoice to recover up to the full value of any unauthorised refund to the relevant business user. Tradie Start may contract a debt collection agency or use other legal means to recover unauthorised refunds. Tradie Start may charge you interest plus any costs we incur as a result of collecting your payment.
- Paying businesses can pay to complete a training course and examination set by Tradie Start and become a certified business.
- If a business user pays for certification services and completes any examinations to a standard set by Tradie Start in its sole, Tradie Start will differentiate that paying business from other paying businesses for the length of time that they choose to remain "Certified".
- Tradie Start may use any appropriate icons, images or text on the business profile and in quotes submitted by a certified business to differentiate them from a business user who has not been certified. Tradie Start may modify the icons, images or text used to differentiate certified businesses on the website at any time.
- If a business user pays for certification but does not complete the certification examinations to the standard of achievement set by Tradie Start, they are not entitled to receive a refund for the certification payment in any month.
- A business who pays for certification can make an unlimited number of attempts to complete the certification examinations up until the time they reach the standard of achievement set by Tradie Start.
Updates to the Website
- Tradie Start may from time to time and at any time change or discontinue any feature of the website including content, hours or availability and equipment required for access.
- Any controversy or claim arising out of or in connection with these Terms and Conditions may at our discretion be settled by binding arbitration through a commercial dispute resolution centre selected by us. You agree to be bound by the ruling arbitrator. The costs of the dispute are borne by the originator of the dispute.
Promotions & Competitions
- If Tradie Start run promotions or competitions involving the awarding of prizes or other gifts, Tradie Start may modify the Terms and Conditions and implement additional terms and conditions, which will be communicated to you by posting them on the website at the time of such promotions and competitions.
Third Party Links & Advertising
- Tradie Start may display advertisements, which may or may not contain hyperlinks or buttons which take you to websites operated by third parties. Tradie Start does not endorse or recommend its advertisers, their products or services, or the information, products or services of any website linked to the website. If you contact a third party through the website, including via email, Tradie Start accepts no responsibility for any actions taken by that third party in connection with you as the user.