The following provisions govern your use of SpecialisedTradies.com.au (the "SpecialisedTradies.com.au Website") and all services made available through the SpecialisedTradies.com.au Website. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SPECIALISEDTRADIES.COM.AU WEBSITE. By using the SpecialisedTradies.com.au Website, you agree to be bound by these Terms and Conditions, which form a contract between you and SpecialisedTradies Pty Ltd (ABN: 78 675 213 260) of 25 Hall St, Bondi NSW 2026, Australia ("we" or "us"). If you do not agree to all the provisions contained in these Terms and Conditions, DO NOT use the SpecialisedTradies.com.au Website.
We reserve the right to revise and update these Terms and Conditions at any time. Please review these Terms and Conditions periodically, as your continued use of the SpecialisedTradies.com.au Website constitutes your acceptance of and agreement to any revised Terms and Conditions.
Please also see our Privacy Policy.
User Submissions
General
By using the SpecialisedTradies.com.au Website, you agree that any information or content you post and/or submit, including advertisements, photos, and creative designs, are either your own original works or works that you are authorised to use with the permission of the owner. Subject to any other clauses in these Terms and Conditions, by submitting information or content to any part of the SpecialisedTradies.com.au Website, you grant us, or warrant that the owner of such content has granted us, a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license
to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, communicate, perform, and display your name and the information, either alone or as part of other works, in any form, media, or technology now known or later developed.
You warrant that any information or content you post to the SpecialisedTradies.com.au Website: (i) Complies with all relevant laws; (ii) Does not infringe any intellectual property rights (including but not limited to copyrights and trademarks) of any person; (iii) Is not misleading or deceptive, nor likely to mislead or deceive; and (iv) Does not violate any privacy laws, regulations, or confidentiality obligations.
You also warrant that any information submitted by you and posted on the SpecialisedTradies.com.au Website, including in any directories, is true, complete, and accurate.
Ratings
We may, from time to time, allow users who engage with a tradie through the SpecialisedTradies.com.au Website to rate their experience with that tradie. While we verify that the feedback is provided by users who have engaged with the tradie through the Website, the content of the feedback reflects the user’s opinion. The ratings are a collection of user feedback and do not constitute an endorsement or recommendation by us in relation to any tradie. For more information on how our rating system works, please visit SpecialisedTradies.com.au/trust. Ratings should not be relied upon as a substitute for conducting your own inquiries regarding the suitability of any tradie you are considering hiring.
By submitting rating feedback, you agree to act honestly and fairly, and not engage in any conduct that might unfairly harm a tradie’s reputation or undermine the integrity of the ratings system. We reserve the right to remove feedback from the rating system if we deem it inappropriate, deceptive, or not in compliance with our feedback guidelines, which can be found at SpecialisedTradies.com.au/content/feedback_and_rating_guidelines.
Copyright in Reviews and Comments
By accepting these Terms and Conditions when registering your account, you assign to us all present and future copyright in any original content you submit or post on the SpecialisedTradies.com.au Website, including but not limited to: comments, forum posts, public messages, reviews, ratings, and any compilation of inspiration boards (but excluding any advertisements, advertiser profiles, or 'get a quote' submissions). You also irrevocably authorise us to use this content in any way we see fit, including in ways that you may consider to infringe upon your moral rights in the content.
For the avoidance of doubt, creating an account is not necessary to be bound by these Terms and Conditions, and your use of the SpecialisedTradies.com.au Website constitutes your agreement to these Terms and Conditions.
Review of Submissions
Files that you upload, public messages that you send, and your activity in dialogues, discussions, and forums on the SpecialisedTradies.com.au Website are subject to review, modification, and deletion without notice by the discussion or forum manager. Files uploaded to
any bulletin board are subject to posted limitations regarding usage, reproduction, and/or dissemination, and you are responsible for adhering to these limitations. Be aware that personally identifiable information you choose to disclose on the SpecialisedTradies.com.au Website may be used by third parties, and such use is beyond our control.
You must not post any content that: (i) Is libellous, defamatory, obscene, offensive, sexually explicit, fraudulent, false, unlawful, or infringes upon the ownership or intellectual property rights of any other person; or
(ii) Contains any viruses, worms, trojans, or other malicious code that could contaminate or damage the files, data, or programs of the SpecialisedTradies.com.au Website or its users.
We reserve the right to deny access to all or part of the SpecialisedTradies.com.au Website and/or suspend or cancel your account without notice if, at our discretion, we determine that you have engaged in conduct that violates any law, provision of these Terms and Conditions, or is otherwise inappropriate. We are not liable for any loss of profit or business opportunity resulting from the suspension or cancellation of your account.
Copyright and Trade Marks
The entire contents and design of the SpecialisedTradies.com.au Website, including all trademarks, text, images, and audio or video files, are proprietary to us or our content providers and are protected by copyright laws. The SpecialisedTradies.com.au Website is for your personal, non-commercial use. You may not reproduce, modify, copy, distribute, transmit, communicate, display, publish, or use any material contained on the SpecialisedTradies.com.au Website or in our e-newsletters without our express prior written permission or the permission of the relevant copyright owner.
You may not use any of the information or content on the SpecialisedTradies.com.au Website for commercial purposes or to create, operate, or maintain your own product or service offering. You acknowledge that any breach of this paragraph may cause damage to us that cannot be adequately remedied by damages alone, and we may seek injunctive relief against you in the event of such a breach or a threatened breach.
Postcode mapping information supplied by, and copyright FindMap
General Disclaimer
Under the Australian Consumer Law, you are entitled to certain guarantees in relation to our provision of the SpecialisedTradies.com.au Website that cannot be excluded, restricted, or modified (Consumer Guarantees). To the extent permitted by law, our liability for failure to
comply with a Consumer Guarantee is limited, at our option, to:
(a) In the case of goods supplied to you, the replacement of the goods or the supply of equivalent goods (or the payment of the cost of replacement or supply), or the repair of the goods (or the payment of the cost of repair); and
(b) In the case of services supplied to you, the re-supply of the services, or the payment of the cost of having the services supplied again.
Subject to the Consumer Guarantees:
(a) The SpecialisedTradies.com.au Website is provided on an 'as is, with all faults and as available' basis, and to the extent permitted by law, without any warranties of any kind, either expressed or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, or warranties arising from course of dealing or custom of trade;
(b) We make no representation or warranty that any content on the SpecialisedTradies.com.au Website is accurate, complete, appropriate, reliable, or timely; and
(c) We make no representation or warranty that your access to and use of the SpecialisedTradies.com.au Website will be uninterrupted, secure, error-free, or free from viruses, unauthorised code, or other harmful components.
We reserve the right to discontinue operating the SpecialisedTradies.com.au Website at any time without notice.
Use of the SpecialisedTradies.com.au Website
Except as required by the Consumer Guarantees, your use of the SpecialisedTradies.com.au Website is at your own risk. You are responsible for taking any precautions you deem necessary to protect yourself against any claims, damages, losses, or hazards that may arise from your use of the SpecialisedTradies.com.au Website. Neither we, nor anyone involved in the creation, production, or delivery of the SpecialisedTradies.com.au Website, e-newsletters, or the materials contained therein, assumes any liability or responsibility for the accuracy, completeness, or usefulness of any information provided. To the extent permitted by law, none of them shall be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from your use of, or inability to use, the SpecialisedTradies.com.au Website.
You must not use any automated tools or methods to search or extract data from the SpecialisedTradies.com.au Website, nor should you interfere or attempt to interfere with its proper operation.
You agree not to take any actions that impose an unreasonable burden on our infrastructure or tamper with, interfere with, or compromise the SpecialisedTradies.com.au Website, our systems, or data, or those of any third party via the SpecialisedTradies.com.au Website.
Responsibilities of Companies/Businesses Using the Platform
Companies using the SpecialisedTradies.com.au Website are responsible for ensuring that the job listings and information they provide are accurate, lawful, and comply with all applicable regulations. Companies are also responsible for verifying the qualifications, certifications, and licenses of the tradies they engage through the platform. SpecialisedTradies does not guarantee the accuracy of such information and disclaims all liability for any disputes or issues arising between businesses and tradies, including but not limited to job performance, payment, or contract breaches.
Liability Limitation for Matchmaking Service
SpecialisedTradies Pty Ltd provides a platform to connect businesses with independent tradies. We are not responsible for, nor do we endorse, any specific tradie or company listed on the platform. We are not a party to any contractual agreement made between a company and a tradie. SpecialisedTradies does not guarantee the quality or timeliness of work provided by tradies nor do we assume any liability for disputes, damages, or losses resulting from engagements between users and tradies.
Dispute Resolution
In the event of a dispute between a company and a tradie, SpecialisedTradies encourages both parties to resolve the matter amicably. SpecialisedTradies is not responsible for mediating or resolving such disputes. However, if requested, we may provide assistance to facilitate communication between the parties. All legal disputes should be resolved directly between the company and the tradie.
Verification and Background Checks
SpecialisedTradies does not perform background checks or verification of qualifications or certifications on tradies listed on the platform. It is the responsibility of companies using the platform to conduct their own due diligence when engaging a tradie.
Privacy and Data Usage for Companies
By using the SpecialisedTradies.com.au Website, businesses agree to the collection and use of data related to job posts, company profiles, and feedback. This data may be displayed publicly on the platform to help users make informed decisions. SpecialisedTradies will take reasonable steps to ensure that business data is protected, but we do not guarantee that data will be fully secure.
Disclaimer
We strive to provide accurate and valuable information. The materials on the SpecialisedTradies.com.au Website are sourced from parties believed to be reliable, and we aim to ensure the information is correct at the time of posting. However, due to the possibility of errors by authors, editors, or publishers, neither we nor any party involved in the preparation of
the content on the SpecialisedTradies.com.au Website or in our e-newsletters represents or warrants that the information is fully accurate or complete. To the extent permitted by law, we assume no responsibility for any errors or omissions or for the outcomes of any decisions made based on the materials provided. Users are encouraged to verify the information with other sources.
Consumers and businesses reading articles or other content on the SpecialisedTradies.com.au Website or in our e-newsletters should carefully review the information. It is not intended as a substitute for professional advice. Neither the content on the website nor any services offered through the platform or our e-newsletters are intended to serve as professional advice.
We do not examine, verify, or warrant the certification, licensing, competence, or information of any professionals or facilities listed in our directories. The accuracy of the information provided in our directories is the responsibility of the listed professionals or facilities, and we assume no obligation to verify the details provided. Use of our directories to locate a professional or facility is entirely voluntary, and to the extent permitted by law, we and our agents are not liable for any
damages resulting from the selection of a professional or facility, the services provided by them, or any other loss or damage that may arise from the use of our directories. We strongly recommend checking the certification and/or licensing of any professional or service provider with the appropriate licensing board or authority.
You should satisfy yourself regarding the competence, solvency, insurance, and licensing of any person or entity you decide to engage as a result of a connection made through our services, including the "Post a Job" or "Get Quotes" services. Under no circumstances will we be liable for any damages or losses incurred as a result of engaging any person or entity found through our directory or services.
The SpecialisedTradies.com.au Website may contain links to websites operated by third parties. These linked sites are not under our control, and we are not responsible for the content of any linked site, any link contained within a linked site, or any changes or updates made to such sites. The inclusion of any product, service, or website link on the SpecialisedTradies.com.au Website or in our e-newsletters does not imply endorsement, approval, or warranty by us, and we disclaim all liability in relation to such products, services, or website links.
SpecialisedTradies facilitates connections between tradies and consumers/businesses who require their services but does not supervise or monitor the arrangements made between them. This includes any agreements or conditions relating to the tradie's employees or their vaccination status.
We do not verify, examine, or warrant the information provided by any professional listed in our directories. We rely on professionals listed in our directories to provide accurate information and assume no responsibility for verifying the details they provide. The use of our directories to
locate a professional is entirely voluntary, and to the extent permitted by law, neither we nor any of our agents will be liable for damages to any user arising from the selection of a professional or facility, the services provided by them, or any other loss or damage resulting from their use.
