Terms And Conditions

The following provisions govern your use of Expresstradies.com.au (the "Expresstradies.com.au Web Site") and all other services made available to you through the Expresstradies.com.au Web Site & app including the Expresstradies.com.au web site. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE Expresstradies.com.au Web Site. By using the Expresstradies.com.au Web Site, you agree to be bound by these Terms and Conditions which constitute a contract between you and Expresstradies.com.au (ACN 610326264) In these terms and conditions, “we” “us” and “our” refers to Express Tradies. Your access to and use of all information on this website including purchase of our service/s is provided subject to the following terms and conditions. The information is intended for residents of Australia only.

We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.

Registered Users

1.

In order to access the services provided on this website & app, you must become a registered user. You must complete registration by providing certain information as set out on our membership/registration page. Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide on registration.

2.

You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change. We reserve the right to terminate your registration at any time if you breach these terms and conditions.

3.

You must not post any information which (i) is libellous, defamatory, obscene, offensive, sexually explicit, fraudulent, false, unlawful, or contrary to the ownership or intellectual property rights of any other person, or (ii) contains any virus, worm, trojan or other code which is contaminating or destructive to the files, data or programs of the Expresstradies.com.au Web Site or any of our users.

4.

We may deny you access to all or part of the Expresstradies.com.au Web Site and/or suspend or cancel your service account without notice if we, in our sole discretion, determine that you have engaged in conduct that violates any law or any provision of these Terms and Conditions or is otherwise inappropriate. We will not be liable for any loss of profit or business opportunity that may result from the suspension or cancellation of your service account.

5.

Our services are intended to be used by registered users within Australia only.

Our Website Services

6.

Our services are provided to adults over the age of eighteen (18) years. By proceeding to use the services through our website & app, you acknowledge that you are over 18 years of age.

7.

All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. If you have made a subscription, we undertake to fulfil your subscription at the price listed at the time you ordered.

Site Access

8.

When you visit our website & app, we give you a limited licence to access and use our information for personal use.

9.

You are not permitted to download a copy of the information on this website to your computer. Use of our content in any way infringes our intellectual property rights.

10.

Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.

11.

The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

Hyperlinks

12.

This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.

13.

Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking.

Intellectual Property Rights

14.

The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.

15.

All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

16.

Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website / app or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.

17.

If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.

Disclaimers

18.

Whilst we take all due care in providing our services, we do not provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose.

19.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.

20.

We also take all due care in ensuring that our website/app is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

21.

We do not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any professional or facility listed in our directories. We rely on the professionals or the facilities listed in our directories to provide accurate information and assume no responsibility for verifying the information provided. Use of our directories to locate a professional or facility is wholly voluntary and, to the extent permitted by law, in no event will we or any of our agents be liable for damages to any user of our directories for the selection of a professional or facility or for the services provided by any professional or facility listed therein, or for any other loss or damage which may occur as a result thereof. We recommend that you check the certification and/or licensing of any professional or other service provider with the applicable licensing Board or authority.

22.

You should satisfy yourself as the competence, solvency, insurances and licensing of anybody you decide to retain as a result of a connection made through our services, including the quick quote service. Under no circumstances shall we be liable for any damages whatsoever as a result of losses caused to you by a person or entity that you retain as a consequence of using our directory or services.

Statutory Guarantees and Warranties to Consumers

23.

Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-

a.

Schedule 2 of the C&C Act; and

b.

Those statutory guarantees, all of which are given by us to you if you are a consumer.

24.

If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-

a.

We will repair or replace the goods or any part of them that is defective; or

b.

Provide again or rectify any services or part of them that are defective; or

c.

Wholly or partly recompense you if they are defective.

Limitation of Liability

25.

If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-

a.

To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.

b.

We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.

c.

We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.

d.

We do not participate in any way in the transactions between our users.

Indemnity

26.

By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website/app.

Jurisdiction

27.

These terms and conditions are to be governed by and construed in accordance with the laws of Queensland and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Queensland and you agree to submit to the jurisdiction of those Courts.

28.

If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

Privacy

29.

We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

30.

Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.

Payment Facilitator

31.

We use Stripe Payments Australia Pty Ltd (Stripe) as a third party service provider for internet based payment services to facilitate payments for transactions between you and tradespeople who advertise through us. You agree to be bound by Assembly Payments Privacy Policy which is located at https://stripe.com/au/privacy and hereby consent and authorise us and Stripe to share any information and payment instructions you provide with one another and, to the extent required to complete your transactions, with any third party service provider(s). You also agree to be bound by Stripe’s User Terms which are located at https://stripe.com/au/ssa