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TERMS AND CONDITIONS

INTRODUCTION

By using the Service offered through this Website, you are bound by the terms and conditions as set out below. If you do not agree to be bound by these terms and conditions, you may not use or access our Service.


KEY DEFINITIONS

  • "Company", "HIREtrades" ("us", "we", "our" and "ours") means HG Holdings Limited (No.2492349), registered in Hong Kong.

  • "Customers" means any person who submits or publishes a job on the Website for Trade Professionals to quote on.

  • "Job" means project/job submitted by a customer via our service.

  • "Users", "You", means anyone making use of the HIREtrades Services.

  • "Service" means any procedure or service that is provided by HIREtrades to Users, which includes, but is not limited to: information, services and products provided through the Website, or by telephone or email.

  • "Trade Professionals", "Tradesmen" and "Tradespeople" means any business who registers on the Website in order to quote for work posted by Customers.

  • "Website" means the website HIREtrades.com.au and all the pages, content and sub-domains contained therein.

  • "Expressing interest", "Expressed interest" means contacting, quoting or messaging a customer found via our Service.

  • "Lead", is a Job which we give you the opportunity to Express Interest in.

  • "Shortlist", is a lead where the customer chooses to share their contact details with a Trade professional.

  • "Service Agreement", means any agreement reached between a tradesman and a customer on the services to be performed. A service agreement can be reached by a verbal exchange in person, via telephone, via SMS, via an email or in the form of a written statement or contract.


OVERVIEW

HIREtrades provides an online marketplace for Trade Professionals of all types, and potential Customers who are in need of their services.


ACCURACY OF INFORMATION

Although we attempt to ensure that all information displayed is current and accurate, HIREtrades s cannot guarantee the accuracy of all the information on this Service, and are not liable for any problems or losses arising from any inaccuracies or errors presented on or through this Service.

In using the Services provided by HIREtrades, you acknowledge that HIREtrades is not acting as a contractor or agent and is not responsible for any work done by Trades Professionals who quote through the site. It is the responsibility of the Customer to select a suitable Trade Professional to undertake their job and it is the Customer’s responsibility to negotiate the terms for any work that they undertake. HIREtrades acts merely as a facilitator in connecting Trades Professionals and Customers and therefore, has no involvement in, and will not be held liable for, any Service Agreement between the Customer and Trade Professional.

We recommend that all Customers, obtain confirmation of insurance cover, guarantees, qualifications, solvency, competence, licencing and/or certification, references and any other necessary document, before entering into a Service Agreement with any Trade Professional. The Customer is responsible for confirming these details. Therefore, if you are to suffer from any problems or losses as a result of not obtaining or verifying these details, HIREtrades will not be liable.

HIREtrades cannot and does not confirm each Customer and Business user’s purported identity.


CONTENT

By entering this site and using its services, you agree to use the website only for lawful purposes and in a way that does not infringe the rights of or restrict or inhibit anyone else's use and enjoyment of the website. Messages, profiles, job descriptions and other content must be civil and tasteful.

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("content") posted on, transmitted through, or linked from HIREtrades, are the sole responsibility of the person from whom such content originated. You are entirely responsible for all content that you post, email or otherwise make available via the Service.

You understand that HIREtrades does not control, and therefore, is not responsible for content made available through the service. Furthermore, the HIREtrades site and content available through the Service may contain links to other websites, which are completely independent of HIREtrades. HIREtrades makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such website.

Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any content, that you may not rely on said content, and that under no circumstances will HIREtrades be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise made available via HIREtrades.

You acknowledge that HIREtrades does not pre-screen or approve all content, but that HIREtrades shall have the right (but not the obligation) in its sole discretion to remove or move any content that is available on the website for violating the letter or spirit of the terms or for any other reason.


SITE USAGE

As a condition to your use of the HIREtrades Site (www.hiretrades.com.au), you agree:

  1. Not to upload, post, email, transmit or otherwise make available any information, materials or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, offensive, invades another's privacy, or promotes bigotry, racism, hatred or harm against any individual or group;

  2. Not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

  3. Not to collect credit card information or other form of online payments;

  4. Not to upload, post, email, transmit or otherwise make available any information, materials or other content that infringes another's rights, including any intellectual property rights;

  5. Not to upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation;

  6. Not to upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

  7. Not to use any manual or automated software, devices, or other processes to "crawl", "spider" or "screen scrape" any web pages contained in the HIREtrades Site;

  8. Not to reverse engineer, decompile or disassemble any of the software used to provide the HIREtrades Site;

  9. Not to reproduce, duplicate or copy or exploit any other portion of the HIREtrades Site, without the express written permission of HIREtrades;

  10. Not to interfere with or disrupt the HIREtrades Site, or any servers or networks connected to the HIREtrades Site, or disobey any requirements, procedures, policies or regulations of networks connected to the HIREtrades Site;

  11. Not to obtain, collect, store or modify the personal information about other users; modify, adapt or hack the HIREtrades Site or falsely imply that some other site is associated with the HIREtrades Site;

  12. Not to use the HIREtrades Site for any illegal or unauthorized purpose. You must not, in the use of the HIREtrades Site, violate any laws in your jurisdiction (including but not limited to copyright laws)

  13. Not to build a product using similar features, functions or graphics of the HIREtrades Site

  14. Not to modify or make derivative works based upon the HIREtrades Site

  15. That any web sites accessible via links you have posted, within the HIREtrades Site are not under HIREtrades's control and that HIREtrades shall not be responsible for the content, products, or services of any such linked website.

That you will:

  1. notify HIREtrades immediately of any unauthorised use of any password or account or any other known or suspected breach of security; and

  2. report to HIREtrades immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you.

You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the HIREtrades Site, including, without limitation, modems, hardware, server, software, Internet browsers operating system, networking, web servers, long distance and local telephone service, but excluding the HIREtrades Site itself (collectively, "Equipment"). You shall be responsible for ensuring that such Equipment is compatible with the HIREtrades Site. You shall also be responsible for the use, and maintaining the security, of the Equipment.


INTELLECTUAL PROPERTY

HIREtrades owns all the intellectual property rights relating to the site, including the designs, text, database, graphics and layouts, and you agree not use or copy any part thereof without our express permission.

The intellectual property rights on postings, messages, text, files, images, photos, video, sounds, or other materials ("content") Users upload to HIREtrades are retained by the copyright owner, and these are added to the site by Users at their own risk. In doing so you are giving expressed and irrevocable permission for us to store, display and use the content.


DEALINGS WITH ORGANISATIONS AND INDIVIDUALS

Your interactions with organisations and/or individuals found on or through the Website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organisations and/or individuals.

By your use of the site, you agree that HIREtrades shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between Users on this Website, or between Users and any third party, you understand and agree that HIREtrades is under no obligation to become involved.

In the event that you have a dispute with one or more other Users, you hereby release HIREtrades, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.


FEEDBACK (REVIEWS, RATINGS & COMMENTS)

All Trade Professionals will be subject to feedback evaluations from Customers if, after expressing interest, a Service Agreement is reached to carry out some or all of the work advertised or similar or related work.

Trade Professionals understand that HIREtrades is not responsible for the feedback content that those customers post, or any harm done by such content. The Customer who posts the feedback is directly responsible for its content, and the accuracy and legality thereof.

All Users understand that any use of profanity, libellous behaviour, illegal activity, or any other form of abuse of the feedback function or any other part of the website may be banned from further use and reported to the authorities, if applicable.

HIREtrades performs a number of checks on feedback with an aim to ensure that feedback is authentic, and will remove feedback that in its sole discretion appears to be inaccurate or misrepresented, but makes no claim or warranty of the accuracy or authenticity of any feedback. HIREtrades may also, at its sole discretion, remove feedback without prior consent or warning.


PAYMENT TERMS & REFUNDS

QUOTE FEES

If you are a Trade Professional using this site, you agree to pay HIREtrades a fee every time you are shortlisted for a job through our service (i.e. by accepting a Lead).

You understand that HIREtrades cannot influence the outcome of any particular shortlisting and does not guarantee that you will be able to quote or secure work for jobs you are shortlisted for.

Fees for services may be structured as "Pay Per Quote" or "Packages".

BILLING

Customers posting a job incur no costs. Trade Professionals incur costs as detailed below.

Administration Fee

Trade Professionals agree to pay HIREtrades a monthly administration fee. This includes, but is not limited to, costs for creating and maintaining business directories, profile pages, reviews and other administrative matters. Fees are payable in advance.

Pay Per Quote

Credit balance is automatically remitted on the 1st and 15th of each month (or otherwise as determined at HIREtrades sole discretion).

Packages

When a Trade Professionals purchases a Package (i.e. prescribed quantity of quotes pre-purchased at a discounted price), this will immediately be deducted. This purchase shall automatically recur when all of the pre-paid quotes have been used.

Packages can change to a different level Package Plan at anytime.

After 12 months of no transaction activity, all remaining credits will expire.

Automatic recurring of Packages can be cancelled at anytime, but must occur before all of the pre-paid quotes have been used to escape the recurring cost. Notification informing of a user’s intention to cancel must be made in writing using the "Contact Us" form located at www.hiretrades.com.au/contact-us

Refund Policy

All payments are non-refundable. There will be no refunds or credits for partial months of Service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

If you are unhappy with the HIREtrades service you must outline in detail the reasons for your grievance, using the "Contact Us" form located at www.hiretrades.com.au/contact-us

HIREtrades will consider the application and at its absolute discretion will either:

  1. deny the claim; or
  2. offer you a credit on your account

In any other case, refunds will only be given at the absolute discretion of HIREtrades.

Approved refunds will be credited to you. The Refund will be added back into your HIREtrades account. No payment of cash, cheque or credit will be provided.

If we find your account is in poor standing or there has been abuse reported against your account, we may refuse any cash or credit refund.

Business - Billing Methods

You understand that we only accept payment by credit or debit card. By designating a card to be billed, you confirm that you are authorised to make such a purchase.

If you have a question about a charge on your credit or debit card, you agree to contact HIREtrades using the "Contact Us" form located at www.hiretrades.com.au/contact-us

Should any payment method you use fail, or is later reclaimed by the bank or card issuer, you agree to pay any costs incurred by us plus a AUD$40 + GST administration fee.


LIMITATIONS

Through your use of the site, you acknowledge that HIREtrades may establish limits concerning use of the Website, including, but not limited to, the maximum number of days that content will be retained by the website, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by the Website, and the frequency with which you may access the website.

Through your use of the site, you agree that HIREtrades has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Website. You also acknowledge that HIREtrades reserves the right at any time to modify or discontinue the website (or any part thereof) with or without notice, and that HIREtrades shall not be liable to you or to any third party for any modification, suspension or discontinuance of any services.

You agree that we shall not be liable for any loss or damages arising from the provision (or non-provision) of any part of the service, including loss of profit or consequential loss or damage.


INDEMNITY

Users indemnify and hold HIREtrades and its parent, subsidiaries, affiliates, officers, directors, agents, employees, partners, suppliers, franchisors and franchisees, harmless from and against any claims, demands, proceedings, losses and damages (whether actual, special and consequential of every kind and nature including all legal fees) made by User arising out of or in any way related to Users' use of the Site or its breach of this Agreement, or User's violation of any law or the rights of a third party.


TERMINATION OF SERVICE

Through your use of the site, you agree that HIREtrades, in its sole discretion, has the right (but not the obligation) to deactivate your account, block your email address, or otherwise terminate or restrict your access to or use of the website, immediately and without notice, for any reason, including, without limitation, if HIREtrades believes that believes that you have acted inconsistently with the letter or spirit of the terms.

Further, you agree that HIREtrades shall not be liable to you or any third-party for any termination or restriction of your access to the website.

Further, you agree not to attempt to use the website after said termination.


APPLICABLE LAW

This Agreement shall be governed in all respects by the laws of the Western Australia, Australia. The User irrevocably submits to the non-exclusive jurisdiction of the courts of Western Australia, Australia and to the Federal Court of Australia sitting in Western Australia.

If any provisions hereof are held to be illegal or unenforceable such provisions shall be severed and the remainder of this Agreement shall remain in full force and effect unless the business purpose of this Agreement is substantially frustrated thereby.


DISPUTES

The procedure set out in this clause must be followed in relation to the resolution of a dispute concerning the interpretation of a term this Agreement or of the parties' rights or obligations pursuant to this Agreement ("Dispute").

Upon any Dispute arising, a party may give written notice to the other party that a Dispute exists ("Dispute Notice").

The Dispute Notice shall provide the recipient with the full particulars of the matters in Dispute.

The timetable and process for resolving a Dispute pursuant to a Dispute Notice is as follows:

  1. within 5 working days of receipt of a Dispute Notice, the recipient shall hold discussions in good faith in an attempt to resolve the Dispute;

  2. if the Dispute is not resolved within 20 days of the commencement of the meeting referred to in the previous sub-clause or if the meeting referred to in the previous sub-clause has not taken place within the 5 day period, the parties to the Dispute shall refer the matter to mediation;

  3. within 5 working days following the expiry of the relevant period in the previous sub-clause, the parties to the Dispute must attempt to agree on the appointment of a mediator. In the absence of agreement on the appointment of a mediator, a mediator is to be appointed by the President of Resolution Institute, with the costs of the mediation to be borne equally by the parties to the Dispute;

  4. the parties to the Dispute shall use their best endeavours to ensure the mediation takes place within 30 days of a mediator being appointed; and

  5. any mediation that takes place pursuant to the operation of this clause is to take place in Perth, Australia.

Except for the purpose of obtaining urgent interlocutory or declaratory relief from a court of competent jurisdiction, no party shall commence any proceedings in any court, tribunals or otherwise without first providing a Dispute Notice and complying with the dispute resolution process set out in this clause.


CHANGES

HIREtrades reserves the right to change or update these terms and conditions from time to time. As a User of the website, you are responsible for acknowledging any updates of these terms and conditions by visiting this section. Your continued use of the website after any such changes are made will be deemed to constitute your acceptance of those changes.


PRIVACY POLICY

HIREtrades Privacy Policy applies to the user and is incorporated into this agreement by reference.


AGENT

HIREtrades engages the services of Captiv8 Marketing to exclusively act as its Agent for all marketing, promotional, business, legal and other related matters within Australia. All related communications should be made through Captiv8 Marketing. Contact details for Captiv8 Marketing can be found at www.captiv8marketing.com.au/contact-us