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Terms of Use

Goodfellow Corporation Pty Ltd ACN 646 668 840

Introduction

These App Terms & Conditions (Terms) are between GOODFELLOW CORPORATION PTY LTD (ABN 52 646 668 840) (referred to as Tradiespace) and each individual or entity (referred to as a User) using the Tradiespace Platform (App) and related services (Tradiespace and each User are collectively referred to as the Parties). By downloading, installing, accessing or using this App, the User acknowledges that it has read, understood and agrees to be bound by these Terms. Tradiespace reserves the right to make changes to these Terms at any time, effective upon the posting of the modified Terms. Tradiespace will use reasonable endeavours to communicate these changes to each User. It is the User’s obligation to ensure that they have read, understood and agree to the most recent Terms available on the App. If a User does not agree to the Terms, the User should cease accessing and using the App immediately. The App may only be used by individuals of a legal working age. If the User is under the age of eighteen years ( Minor), the User should review the Terms with the User’s parent or guardian to make sure the User and the User’s parent or guardian understand them and consents to their use of the App. The User’s parent or guardian permits a Minor to access and use the App and to create an account, the User’s parent or guardian agrees to:

  • exercise supervision over the Minor's use of the App;
  • assume all risks associated with the Minor's use of the App, including the transmission of content or information to and from third parties via the Internet;
  • ensure that the content and information that the Minor may encounter on the App are suitable for the Minor;
  • assume liabilities resulting from the Minor's use of the App and their account;
  • ensure the accuracy and truthfulness of all information submitted by the Minor; and
  • provide the consents contained in these Terms on behalf of the Minor.

By accepting these Terms, you also accept Tradiespace’s Privacy Policy (available on the App).

Registration and Onboarding

  1. Access to the App will require a User to register for an account (Account). Each User may only have one Account on the App.
  2. Each Business User is required to provide a valid Australian Business Number (ABN) in order to register for an Account and a User that does not have a valid ABN will be unable to register for an Account. Tradiespace will verify the validity of ABNs via the Australian Taxation Office.
  3. Whilst Tradiespace endeavours to validate ABNs, it is the responsibility of the User to ensure the ABN used is accurate. Any liability for non-compliance of taxation laws is the sole responsibility of the User.
  4. The App may request a User to submit information regarding his or her qualifications, certifications, skills and experience, which will be used to create that User’s Profile (Profile).
  5. Each User agrees to provide accurate, current and complete information during the registration process and update such information to keep it accurate, current and complete. Tradiespace reserves the right to suspend or terminate any Account, Profile and a User’s access to the App if any information provided to Tradiespace proves to be inaccurate, not current, incomplete, offensive or does not meet community standards.
  6. It is the User’s responsibility to keep its Account details and password confidential. The User is liable for all activity on its Account. The User agrees that it will not disclose its password to any third party and that it will take sole responsibility for any activities or actions under its Account, whether or not it has authorised such activities or actions.
  7. The User will immediately notify Tradiespace of any unauthorised use of its Account.
  8. If a User wishes to cancel its Account, it can do so at any time using the functionality provided on the App.

App Summary – Introductory Service Only

  1. The App provides an introductory service for Users. A User may select whether it is (i) seeking work or (ii) seeking assistance from another User for a project.
  2. A User who is seeking work may indicate, using functionality on the App, whether s/he is available or unavailable to perform work. It is the User’s responsibility to select whether s/he is available or unavailable and keep this status up to date.
  3. A User who is seeking assistance from another User for a project may be matched with other Users based on criteria including the Users’ skills, location and qualifications.
  4. Once a User seeking assistance has requested to call or connect via SMS with a User seeking work, the Parties can communicate with each other to negotiate the scope and type of work to be performed, the fees for the work and any other related terms and conditions.
  5. Each User understands and agrees that the App is an introductory service only, and that Tradiespace’s responsibilities are limited to facilitating the User functionality available on the App. Tradiespace is not an employment agency or labour hire business. By accessing or using the App, Users acknowledge that no User is an employee, contractor, partner or agent of Tradiespace.
  6. Tradiespace is not a party to an agreement entered into between Users. Tradiespace is not a referrer or booking agent and Tradiespace provides no such related services. Tradiespace has no control over the conduct of Users. Tradiespace disclaims all liability in this regard, as set out in these Terms.
  7. Any arrangements between Users, including payments for work carried out, is solely between those Users. It is strictly and expressly not part of the User’s agreement with Tradiespace.
  8. Tradiespace accepts no liability for any aspect of the interaction between Users, including but not limited to the performance of the work offered or provided. Tradiespace does not assist or become involved in any dispute between Users regarding the performance of services.
  9. Users may endorse other Users and Users’ skills using the functionality provided on the App. Endorsements may assist Users in selecting the most appropriate User, from a selection, for a particular piece of work.
  10. Tradiespace is not liable for any defects or consequential damage relating to the quality of workmanship, installation faults or product quality.
  11. Users may also add other Users as their contacts via the App.

Tradiespace Content

  1. Through the App, Tradiespace may provide Users with general guidance articles, blog posts and general information relevant to its Users (Content or Tradiespace Content).
  2. Tradiespace Content is for general information purposes only and does not take into account the specific needs, objectives or circumstances of its Users. Any reliance placed on the Tradiespace Content is at the User’s own risk.
  3. Before acting on any information contained in the Tradiespace Content, we recommend that you consider whether it is appropriate for your circumstances, carry out your own research and seek professional advice where necessary.
  4. To the fullest extent permitted by law, Tradiespace is not liable to you for any loss or damage you may suffer arising out of or in connection with your use of or reliance on the Tradiespace Content.

Ratings and Reviews

  1. Users may rate each other and their performance of services contracted through the App (Rating). A User may also provide feedback to another User regarding the services purchased from the other User (Review).
  2. Ratings, Reviews and/or recommendations of a User will be able to be viewed by any User. Ratings and Reviews will remain viewable until the relevant User’s Account and Profile is removed or terminated.
  3. A User must provide true, fair and accurate information in their Review.
  4. If, in Tradiespace’s reasonable assessment, the Review is untrue, unfair, inaccurate, offensive or inappropriate, Tradiespace may delete the Review or ban the User from posting the Review. Tradiespace does not undertake to review each Review made by a User.
  5. Users must not post any Review that is offensive, contains nudity or inappropriate language, contains racial or religious ranting or discrimination or defames another User or Profile.
  6. To the fullest extent permitted by law, Tradiespace is not responsible for the content of any Reviews.

Fees and Payments

  1. Registering for an Account, creating a Profile and using the App are free. There is no charge for a User to create an Account or search for other Users.
  2. Any payment between Users for any services provided is solely a matter between the relevant Users. Tradiespace does not provide payment functionality for Users to be able to make payment via the App.

Copyright and Intellectual Property

Content means text, pictures, music, barcodes, video, data, hyperlinks, displays and other content associated with the App.

  1. The App contains material which is owned by or licensed to Tradiespace (or Tradiespace’s affiliates and/or third party licensors as applicable), and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, Content, design, images, graphics, layout, appearance and look of the App. Tradiespace, the Tradiespace logo, and other Tradiespace material used in connection with the App are unregistered or registered trademarks of Tradiespace (collectively Tradiespace Marks).
  2. Intellectual Property includes all code, algorithms, copyright, fees, pricing, registered and unregistered Tradiespace Marks, logos, slogans, designs, audio tracks, information, images, photographs, videos, patents, know-how, trade secrets, ideas, methods, diagrams, drawings, databases, notes, documents, confidential information and any other proprietary or industrial rights relating to Tradiespace (in each case whether registered or unregistered or whether capable of registration), together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world and whether created before or after the date of these Terms; goodwill in the business and App; trade, business company or organisation names; internet domain names; and Content, images and layout.
  3. The User agrees that, as between the User and Tradiespace, Tradiespace owns all Intellectual Property rights in the App, and that nothing in these Terms constitutes a transfer of any Intellectual Property rights. Tradiespace owns the Intellectual Property including copyright which subsists in all creative and literary works displayed in the App. The App is protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorised by Tradiespace or the owner of the Content.
  4. Other trademarks, service marks, graphics and logos used in connection with the App are the trademarks of their respective owners (collectively Third Party Marks).
  5. The Intellectual Property, Tradiespace Marks and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Tradiespace or the applicable trademark holder.
  6. Users do not obtain any interest or licence in the Intellectual Property, Tradiespace Marks or Third Party Marks without the prior written permission of Tradiespace or the applicable trademark holder. Users may not do anything which interferes with or breaches the Intellectual Property rights.

User Generated Content

  1. Users are permitted to post, upload, publish, submit or transmit relevant information and content (User Generated Content). By making available any User Generated Content or any Intellectual Property on or through the App, each User grants to Tradiespace a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Generated Content and Intellectual Property, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit the User Generated Content and Intellectual Property on, through, or by means of the App.
  2. Each User agrees that s/he is solely responsible for all of User Generated Content and Intellectual Property made available through the App. Each User represents and warrants that:
    • s/he is either the sole and exclusive owner of all of relevant User Generated Content and Intellectual Property that s/he makes available through the App, or that the User has all rights, licences, consents and releases that are necessary to grant to Tradiespace the rights in the User Generated Content or Intellectual Property, as contemplated under these Terms; and
    • either the User Generated Content nor the posting, uploading, publication, submission or transmittal of User Generated Content or Tradiespace’s use of the User Generated Content (or any portion thereof) on, through or by means of the App will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other Intellectual Property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
  3. Tradiespace may at its sole discretion remove any of User Generated Content that is offensive or in breach of these Terms.

User Licence

  1. Subject to these Terms, Tradiespace grants the User a personal, non-exclusive, non-transferable, limited and revocable licence to use the App for the User’s own personal use only on a mobile device (a Device) owned or controlled by the User or the User’s employer as permitted in accordance with these Terms (User Licence), and not to use the App in any other way or for any other purpose, apart from local fair dealing legislation. All other uses are prohibited without Tradiespace’s prior written consent.
  2. The right to use the App is licensed to a User and is not being sold to the User. The User has no rights in the App other than to use it in accordance with these Terms.
  3. These Terms and User Licence govern any updates to, or supplements or replacements for, this App, unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.

User Warranties

  1. By using the App, each User warrants that:
    • the User possesses the legal capability and authority to enter into the Terms and to use the App in accordance with the Terms;
    • the User is of a legal working age or if under eighteen years old, that they have reviewed these Terms with the relevant parent or guardian to make sure that the parent or guardian understands them and the parent or guardian consents to the User’s use of the App;
    • any registration information the User submits is truthful and accurate and the User will maintain the accuracy of such information; and
    • the User’s use of the App does not violate any applicable law or regulation; and
    • the User will abide by any terms with respect to any third party’s mobile application.
  2. As a condition of each User’s use of the App, each User agrees:
    • to abide by the Terms;
    • not to provide access to their Account on the App to any third party;
    • that Tradiespace has the right to refuse Users any and all current or future use of the App; and
    • that Tradiespace reserves the right to include or exclude entry to, or remove a User from the App.

User Information and Security

  1. The App may require the transmission of information provided by the User including the User’s name, location or contact details (User Information).
  2. If the User uses such App functionality, the User consents to the transmission of User Information to Tradiespace, its agents, other Users and/or service providers and authorises Tradiespace, its agents, other Users and/or service providers to record, process and store such User Information as necessary for the App functionality and for purposes described in Tradiespace’s Privacy Policy on the App.
  3. The User is solely responsible for maintaining the confidentiality and security of any User Information transmitted from or stored on a Device for the purposes of the App, for all transactions and other activities in the User’s name, whether authorised or unauthorised.
  4. The User agrees to immediately notify Tradiespace of any unauthorised transactions or breach of security associated with the App. Tradiespace is not responsible for any losses arising out of the loss or theft of User Information transmitted from or stored on a Device or from unauthorised or fraudulent transactions associated with the App.

Acceptable Use and Prohibited Use

  1. Use by the User of the App and any Content and User Information transmitted in connection with the App is limited to the contemplated functionality. The User agrees that its use of the App and any Content must comply with these Terms and the Tradiespace policies. In no event may the App be used in a manner that:
    1. harasses, abuses, stalks, threatens, defames or otherwise interferes, infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
    2. is unlawful, fraudulent or deceptive;
    3. uses technology or other means to access the App or Content that is not authorised by Tradiespace;
    4. uses or launches any automated system, including without limitation, robots, spiders, or offline readers to access the App or Content;
    5. tampers with or attempts to tamper with, hinders or modifies the App, attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit functionality, knowingly transmit viruses or other disabling features, damages or interferes with the App including but not limited to the use of trojan horses, viruses, or piracy or programming routines that may damage or interfere with the App;
    6. attempts to gain unauthorised access to Tradiespace’s computer network or User Accounts;
    7. encourages conduct that would constitute a criminal offence, or that gives rise to civil liability;
    8. violates these Terms;
    9. attempts to damage, disable, overburden, or impair Tradiespace’s servers or networks;
    10. fails to comply with applicable third party Terms; or
    11. facilitates or assists another person to do any of the above acts.
  2. The User must not:
    1. post, upload, publish, submit, share or transmit any Content that:
      1. infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy;
      2. is fraudulent, false, misleading or deceptive;
      3. requests money from, or is intended to otherwise defraud other Users;
      4. denigrates Tradiespace or the App;
      5. transmits junk mail, chain letter, spam mail, spimming, phishing, trolling or other unauthorised mass transmission.
      6. contains videos, images or media content of another person without his or her permission;
      7. is defamatory, abusive, obscene, pornographic, profane, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
      8. is violent or threatening or promotes violence or actions that are threatening or intimidating to any other person; or
      9. promotes illegal or harmful activities or substances.
    2. print, publish, modify, link to or distribute any Content from the App or any other documentation that Tradiespace provides to the User, unless Tradiespace has authorised the User in writing;
    3. breach copyright or Intellectual Property rights, including but not limited to, that the User must not republish, copy, distribute, transmit or publicly display material from Tradiespace’s App; alter or modify any of the code or the material on the App;
    4. cause any of the App to be framed or embedded in another website;
    5. use the App for commercial purposes, other than as outlined in these Terms;
    6. collect or harvest any personally identifiable information, including phone number, from the App, otherwise than as permitted by these Terms, nor to use the communication systems provided by the App for any commercial solicitation or spam purposes;
    7. modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works from, transfer, or sell or re-sell any part of the App; or
    8. facilitate or assist another person to do any of the above acts.
  3. Any use of the App in any other manner, including, without limitation, resale, transfer, modification or distribution of the App or Content is prohibited.
  4. Tradiespace reserves the right, in its sole discretion, to terminate any User Licence, remove Content or assert legal action with respect to Content or use of the App, that Tradiespace reasonably believes is or might be in violation of these Terms or any Tradiespace Policies. Tradiespace’s failure or delay in taking such actions does not constitute a waiver of Tradiespace’s rights to enforce these Terms.
  5. Upon termination of the Terms, Tradiespace has no further obligations to the User, and may cease to provide the App to the User. The accrued rights, obligations and remedies of the parties are not affected by the termination of the Terms.

Consumer Guarantees

  1. Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations may confer the User with rights, warranties, guarantees and remedies relating to the provision of services by Tradiespace to the User which cannot be excluded, restricted or modified (Statutory Rights).
  2. Nothing in these Terms excludes the User’s Statutory Rights as a consumer under the ACL. The User agrees that Tradiespace’s liability for services provided to consumers is governed solely by the ACL and these Terms. Tradiespace excludes all conditions and warranties implied by custom, law or statute except for the User’s Statutory Rights.
  3. Except for the User’s Statutory Rights, all material and work is provided to the User without warranties of any kind, either express or implied, and Tradiespace expressly disclaims all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.

Disclaimers

  1. Tradiespace does not guarantee that Users will be able to connect with other suitable Users for the performance of work or for finding jobs or work.
  2. Tradiespace does not endorse any User, or Account or Profile. Tradiespace requires Users to confirm that they have provided accurate information.
  3. Tradiespace cannot and does not control the content contained in any Profiles or the legality or suitability of any User’s services. Users are responsible for determining the identity and suitability of any other User that they contact via the App.
  4. Tradiespace provides the App to the User “as is”, and the User uses the App at his or her own risk
  5. To the fullest extent allowable under applicable law, Tradiespace disclaims all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the App or the services provided on it are merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non-infringing or free of defects or errors or able to operate on an uninterrupted basis, or that the use of the App by the User is in compliance with laws applicable to the User or that User Information transmitted in connection with the App (including as part of online payment) will be successfully, accurately or securely transmitted.
  6. Tradiespace makes no warranties or representations, expressed or implied, as to the timeliness, accuracy, quality, completeness or existence of the Content and information in the App, technical accessibility, fitness or flawlessness of the App, or that the User’s use of the App will not infringe rights of third parties.
  7. Tradiespace does not perform background checks and does not provide verification tools to help Users verify the identity, qualifications or skills of other Users, including professional background and criminal history checks. It is a User’s responsibility to conduct their own checks as to the identity and qualifications of another User.

Indemnification

  1. To the maximum extent permitted by law, the User agrees to defend and indemnify and hold Tradiespace (and Tradiespace’s parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to the User’s use of or access to the App; any breach by the User of these Terms; any wilful, unlawful or negligent act or omission by the User; and any violation by the User of any applicable laws or the rights of any third party.
  2. Tradiespace reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defences.
  3. This clause will survive these Terms and the User’s use of the Site or Services.

Limitation of Liability

  1. To maximum the extent permitted by law, Tradiespace will have no liability for any expense, cost, liability, loss, damage, claim, demand or proceeding (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future, contingent suffered by the User or any third party (Liability) and each User releases and discharges Tradiespace from all Liability, arising from or in connection with: any use of the App, and/or any inaccessibility of the App and/or any information on the App which is incorrect, incomplete or not up-to-date and/or any disclosure of any User’s information.
  2. This clause will survive these Terms and the User’s use of the App.

Dispute Resolution

  1. Disputes between Users: By using the App, the User agrees that any legal remedy or liability that the User may seek to obtain for acts or omissions of another User or a third party will be limited to a claim against the relevant User or other third party that caused or contributed to the events or circumstances giving rise to the claim. Tradiespace encourages the User to communicate directly with the relevant User or third party to resolve any disputes.
  2. Disputes between Tradiespace and a User: If there are any complaints from a User against Tradiespace, Tradiespace will aim to respond and provide a suitable solution within 45 days. If the User is not satisfied with Tradiespace’s response, the following dispute resolution procedure will apply:
    1. The complainant must tell the other party to the dispute in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The parties agree to meet in good faith to seek to resolve the dispute by agreement (Initial Meeting).
    2. If a resolution cannot be agreed upon at the Initial Meeting, the parties may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the Law Society of Victoria to appoint a mediator. The mediator will decide the time and place for mediation. Each party to the dispute must attend the mediation in good faith, to seek to resolve the dispute.
  3. Any attempts made by a party to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of either party under these Terms, by law or in equity.

General

  1. Assignment: These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by the User, but may be assigned by Tradiespace without restriction
  2. Governing Law and Jurisdiction: This App is governed by the laws of Victoria and the Commonwealth of Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria.
  3. Severability: If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions, which continue in full force and effect.
  4. Force Majeure: Tradiespace will not be liable for any delay or failure to perform Tradiespace’s obligations under these Terms if such delay is due to any circumstance beyond Tradiespace’s reasonable control.
  5. Entire Agreement and Understanding: In respect of the subject matter of the Terms, the Terms contain the entire understanding between the Parties. Any previous oral and written communications, representations, warranties or commitments are superseded by the Terms and do not affect the interpretation or meaning of the Terms and each of the Parties has relied entirely on its own enquiries before entering into the Terms.
  6. Termination: The Terms are effective until terminated by Tradiespace. Tradiespace may terminate the User’s Account and its contract with a User, in Tradiespace’s sole discretion, without incurring any liability to the User, if:
    1. the User commits a non-remediable breach of these Terms; or
    2. the User commits a remediable breach of these Terms and do not remedy the breach within 5 days after receiving notice of the breach.

For any questions or notice, please contact us at:

GOODFELLOW CORPORATION PTY LTD (ABN 52 646 668 840)

Email: info@tradiespace.com

Website: www.tradiespace.com.au/faq

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