Terms and Conditions
1. Overview
1.1. OzTradie operates a Website that allows a User to source a relevant Provider in his or her area.
1.2. OzTradie works as a facilitative mechanism, allowing a User to quickly and efficiently match their requirements with an appropriate and available Provider.
1.3. The User acknowledges OzTradie’s facilitative status and understands that OzTradie does not directly involve itself in the commercial relationship that subsequently arises between the User and the Provider.
1.4. OzTradie is not the Users agent and the User is not under any obligation to accept the recommended Provider.
2. Definitions
2.1. In this document, unless inconsistent with the context or subject matter, the following terms have the following meanings:
@ means @.
Linked Website means a hyperlink that appears on the Website to a website owned and operated by a third party.
OzTradie means OzTradie Pty Ltd (ACN 128 147 571), being the company operating the Website.
Provider means a trade serivce provider.
Terms means these OzTradie: User Terms and Conditions.
User means a person or company that uses the Website in order to secure the services of a Provider.
Website means the whole or part of the web pages located at www.oztradie.com.au.
3. User Warranties
3.1. The User agrees to the following:
(a) Not to publish any information on the Website that is libelous, defamatory, offensive, fraudulent, false or otherwise unlawful;
(b) Not to use the Website for an illegal purpose or to engage in misleading or deceptive conduct;
(c) Not to cause damage, modification to or interference with the files, data or programs of the Website;
(d) Not to use the Website to send unsolicited email, junk mail, spam, chain letters or any other method of distribution of unsolicited email;
(e) Not to post any information on the Website which contains any virus, worm, trojan horse or other code that will contaminate or destroy the files, data or programs of the Website;
(f) Not to store, use, copy, modify, adapt, disseminate, display or publish any information on the Website without the express written consent of OzTradie;
(g) Not to use any of the information published on or the services provided by the Website for any commercial purpose in competition with the commercial objectives of OzTradie;
(h) To provide OzTradie with complete and accurate information so as to enable it to provide its stated service, and to keep OzTradie updated as to any changes in this information as soon as possible.
4. Disclaimer
4.1. OzTradie provides a facilitating service whereby Users and Providers are put in contact with one another. OzTradie does not become a party to, and does not assume any obligations arising from, any commercial relationship between a User and Provider that results from the User’s use of the Website.
4.2. OzTradie makes no representation or warranty that the information contained in the Website is accurate and complete, and assumes no responsibility for any loss incurred by the User resulting from acts, omissions or results that arise from the reliance on or use of such information.
4.3. OzTradie makes no representation or warranty regarding the certifications, qualifications and competence of any Provider, and does not guarantee that a Provider meets all relevant industry and government standards requirements and approvals. The User must ensure that the relevant Provider is certified, qualified, competent and meets all relevant industry and government standards requirements and approvals as would be necessary for the User’s specific circumstances and needs.
4.4. OzTradie makes no representation or warranty regarding the appropriateness of any Provider. The User must ensure that the relevant Provider is appropriate for the User’s specific circumstances and needs.
4.5. OzTradie makes no representation or warranty regarding the owners or operators of any Linked Website, or the services or products referenced therein.
4.6. OzTradie makes no representation or warranty that the Website will be free from malfunctions at all times.
4.7. OzTradie does not claim professional status with regard to any information provided to the User and does not provide such information with the intention that it be taken as professional advice.
5. Limitation of Liability
5.1. Neither OzTradie nor its parents, subsidiaries, officers, employees nor related third parties will be liable to the User in connection with the User’s use of the Website, except where such liability cannot be excluded due to the operation of law.
5.2. Where such liability cannot be excluded due to the operation of law, it will be limited to the re-supply by OzTradie of the relevant service, or compensation by OzTradie of an amount equal to the cost of having the relevant service re-supplied.
5.3. The User hereby releases OzTradie and its parents, subsidiaries, officers, employees and related third parties from all claims that he or she may have for any loss or damage sustained in connection with the User’s use of the Website.
5.4. Neither OzTradie nor its parents, subsidiaries, officers, employees and related third parties will be liable to the User for any loss or damage sustained due to a malfunction of the Website, or the act or omission of any party involved in the construction or maintenance of the Website.
6. Indemnity
6.1. The User indemnifies and holds OzTradie and its parents, subsidiaries, officers, employees and related third parties harmless from and against any claims, proceedings, losses and damages (including legal fees) made by a User or a Provider arising out of the User’s use of the Website, breach of these Terms, or violation of the law.
7. Breach
7.1. OzTradie may treat any breach or default of these Terms as a repudiation by the User of any commercial relationship existing between the parties, and retains the right to suspend or terminate the User’s access to OzTradie’s services.
7.2. The User agrees to compensate OzTradie in respect of any breach of the above terms and that OzTradie is entitled to recover damages from the User in respect of such breaches.
7.3. OzTradie’s entitlement under this clause is in addition to any other remedy to which OzTradie is entitled.
8. Governing Law
8.1. These Terms are governed by the laws of the State of Queensland, Australia.
9. Third Party Sites
9.1. OzTradie is not responsible for the content on any Linked Website.
9.2. OzTradie will not be liable for any loss arising from or incidental to the User’s reliance on or use of the content on any Linked Website.
9.3. The inclusion of a Linked Website on the Website does not imply in any way that OzTradie makes any endorsement or representation regarding the owners or operators of the Linked Website, or the services or products referenced therein.
9.4. OzTradie does not make any representation that a link to a Linked Website will be checked regularly to ensure that it remains current.
9.5. Unless stated otherwise, the inclusion of a Linked Website on the Website does not imply any sort of relationship with the owners or operators of the Linked Website.
10. Intellectual Property
10.1. OzTradie retains sole and exclusive intellectual property rights in all information, data, images, software, processes, trade marks and logos used or appearing in the Website.
10.2. The User must not store, use, copy, modify, adapt, disseminate, display or publish for any purpose the information, data, images, software, processes, trade marks and logos used or appearing in the Website unless with the express written consent of OzTradie.
10.3. Any information provided by the User to OzTradie will, by implication, imply that a licence has been granted to OzTradie to use the information for the purpose for which it was provided.
10.4. The User must not use the OzTradie trade mark:
(a) in or as the whole of the User’s own trade marks;
(b) in connection with any product, service or activity unless with express written consent from OzTradie; or
(c) in a misleading, deceptive or disparaging context.
11. Subscription Payments and Periods of Notice
11.1. Subscription payments are automatically deducted on each monthly anniversary of subscription date from payment details provided by members.
11.2. Members are entitled to cancel subscription without penalty at any time through the unsubscribe email facility.
11.3. OzTradie Pty Ltd must be notified of subscription cancellation 2 working days prior to payment anniversary.
11.4. Failure by members to provide 2 working days notice of subscription cancellation will result in deduction of the following month's subscription fees.