Terms and Conditions

By registering your business or requesting a quote you agree to be bound by the terms and conditions below.

 Terms and Conditions

Before you begin to use the services on the website we need to outline to you for you to read and understand, the terms and conditions of your use of the website and 123 Tradies.

The Terms and Conditions (as published on the website) together with any additional terms, conditions, notices and disclaimers published on the website and any documents available for download on the website (Terms and Conditions) regulate your use of the website and 123 Tradies services.

Through your use of the website and 123 Tradies services, you acknowledge and agree that the Terms and Conditions constitute the rules and conditions of access to, use of and supply of information from the website.

Please take time to review this document. If you use or continue to use the website and/or services provided by 123 Tradies you acknowledge and agree that you accept to abide by and be bound by the Terms and Conditions and any changes made by 123 Tradies or any authorised officer, agent, employee or contractor of 123 Tradies to the Terms and Conditions from time to time.

All terms and conditions that govern your use of the website (including disclaimers) may be amended by 123 Tradies from time to time by posting those amendments on the website without any notice to you. Those amendments apply to your next usage of the website. You are responsible for ensuring that you regularly review the website and these Terms and Conditions. Your continued use of the website after any such changes are made will be deemed to constitute your acceptance of those changes.

If you object to any of the Terms and Conditions or any subsequent changes to them, or become dissatisfied with your use of the 123 Tradies service in any way, your only remedy is to immediately stop using the services of 123 Tradies and the website.

A link to this Terms and Conditions Agreement is published on every page of the website.

 

 123Tradies.com.au & other 123 Tradies websites

 The 123Tradies.com.au website is owned and operated by Phukem Investments Pty Ltd (ABN 75 123 253 789). Phukem Investments own and operate other websites hosted on domain names other than 123Tradies.com.au.

By registering your business or requesting a quote on any site owned and operated by 123 Tradies you agree to be bound by these terms and conditions.

A link to this Terms and Conditions Agreement will be published on the user registration forms on all websites owned and operated by Phukem Investments Pty Ltd.

From time to time the website will generate automated emails to registered users, or website users will send emails and messages to one another through the website. Emails sent by the website or through the website are considered a part of the 123 Tradies website.

If hyperlinks and other redirection tools taking the user to other websites operated by third parties appear on the website, you acknowledge that these websites (Outside Sites) are not controlled by Phukem Investments Pty Ltd and do not form part the 123 Tradies website and agree that you will not hold Phukem Investments Pty Ltd liable or in any way accountable for anything that occurs on outside sites.

 

 Applicable Law

 The Terms and Conditions and all other specific and additional terms which govern your use or membership of and access to the website will be governed by the laws of Western Australia, Australia.

 

 General Information Only

 The information, opinions and other similar statements and content published on the website are provided for information purposes only and are not intended as, nor do they constitute legal, financial, taxation, technical or expert advice or to be in any way relied upon by you without undertaking your own independent verification.

Information provided on the website has been derived from sources believed to be accurate at the time of compilation and no warranty or representation is made as to the accuracy or authenticity of the content of the website.

123Tradies.com.au and its directors, agents or employees do not accept and are by these Terms and Conditions released by you of any liability to you arising (whether directly or indirectly) out of the information provided on the website or anyone else through the website or any errors in, or omissions from information on the website.

123 Tradies does not make any representation or warranty that any user is reputable, or will act in good faith, or according to their terms of engagement; any information on the website will be complete, reliable or accurate; or your access to the website will be secure, available or uninterrupted.

123 Tradies disclaims and will not be liable for loss arising out of (whether directly or indirectly) and action or decision by you in reliance on the information on or provided to you through the website or provided by any business you engage on the website, nor any interruption, delay or impairment in the functioning, operation or availability of the website, exposure to or transmission of any computer virus, internet access difficulties in connection with the website, or malfunction in equipment or software.

You should seek legal or other professional advice before acting or relying on the information set out on or provided to you through the website or provided by any business you engage on the website.

Information on the website is for general information only.

As a user of the website, you should make your own inquiries and obtain independent advice based on your specific circumstances prior to making any decisions.

 

Your Conduct

As a condition of your use of the website or any service provided by 123 Tradies, you warrant to 123 Tradies that you will not use the website of any 123 Tradies service for any purpose that is prohibited by the Terms and Conditions or that is illegal or unlawful. You agree to abide by all applicable laws and regulations.

Whilst not an exhaustive list, you agree not to:

  • Use the website to offend others (which shall be judged in the absolute opinion of 123 Tradies);
  • Publish, or in any way distribute or disseminate any information which is unlawful, obscene, defamatory, offensive or inappropriate (which shall be judged in the absolute opinion of 123 Tradies);
  • Engage in, encourage participation or promote any contests, pyramid schemes, surveys, chain letters, spamming or unsolicited emailing through the website;
  • Use automated scripting tools or software;
  • Make available, using the website, any material you do not have a right to make available including any law or which contains viruses, or other computer codes, files or programs designed to interfere with the functioning of other software or hardware; or breach any laws or regulations applicable to your use of the website;
  • Use the site to supply another service, or to obtain information, which you either incorporate into your service or product to enhance your service or product or your business in any way such as creating potential customer lists. Any commercial use of the website requires the prior written approval of 123 Tradies.

123 Tradies has no obligation to monitor your or anyone else’s use of the website. However, 123 Tradies reserves the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

 

User Indemnity

 As a user of the website, you indemnify 123 Tradies for any loss or damage or costs arising (whether directly or indirectly) out of any breach of the Terms and Conditions or any other legal obligation by you or your use of or conduct on the website.

 

 Limitation of Liability

123 Tradies excludes all conditions and warranties that may be implied by law. To the extent permitted by law, 123 Tradies’ liability for breach of any warranty or condition (implied or otherwise), which cannot be excluded, is restricted, at 123 Tradies’ option, to the re-supply of the relevant 123 Tradies service or a refund in accordance with the Refund Policy published below.

As a user of the website, you expressly agree and acknowledge that in no circumstances will 123 Tradies be liable to you for any indirect, incidental, special and/or consequential losses or damages or loss of profits of any nature arising (including but not limited to any act or omission by 123 Tradies) which result from:

  • The use or access to or any inability to use or access the website or any material on the website;
  • Unauthorised access to your user account, or internet transmissions or data; or
  • Statements or conduct of any third party on the website.

 

Disclaimer

By using the website you agree to abide by and acknowledge the following disclaimer.

123 Tradies are not involved in the actual transaction between business users and customers who contract their services after first being introduced via the website.

We have no control over the quality, safety or legality of the items or content posted on the website by any user, the truth or accuracy of any posting, the ability of businesses to provider services or the ability of customers to buy services. We cannot censure and do not guarantee that a customer or business user will actual complete a transaction or act lawfully in using the website.

123 Tradies cannot and does not confirm each business user’s purported identity.

In the event that you have a dispute with one or more users of the website, you release 123 Tradies (and our directors, agents, contractors, affiliates, parents, subsidiaries, and employees from claims, demands and damages of every kind and nature arising (whether directly or indirectly) out of such dispute.

123 Tradies sends emails and notices regarding the status of your matters and your user account. Our emails and notices do not represent any guarantee or endorsement of your transactions. You are responsible for completing all transactions in which you participate (including monitoring the status of, and complying with all relevant legal and other obligations). We do not control, endorse or approve the services provided by the users of the website.

You acknowledge and release 123 Tradies in the event that you deal with underage persons or people acting under false pretense.

 

 Warranty

You agree to accept the sole responsibility for the legality of your actions used the laws, which apply to you. You agree that 123 Tradies have no responsibility for the legality of the actions of users of the website or 123 Tradies services.

 

Indemnity

You indemnify and release 123 Tradies and its directors, employees, agents, contractors, affiliates from and against any claims, demands, proceedings, losses and damages of every kind and nature including reasonable solicitor’s fees, made by you or any third party due to or arising (whether directly or indirectly) out of your breach of these Terms and Conditions or your violation of and law or the rights of a third party.

 

No Agency

You and 123 Tradies are independent contractors and no agency, partnership, joint venture, employee-employer or franchisee-franchisor relationship is created or intended by this Terms and Conditions agreement or your use of the website or 123 Tradies services.

 

 User Information

As a user of the website you must provide 123 Tradies with complete, up to date and accurate information as requested and it is your responsibility to inform 123 Tradies of any changes to that information. All personal information you provide to 123 Tradies as a user will be treated in accordance with the Personal Information & Privacy Policy shown below.

123 Tradies reserve the right to modify or delete any general information you submit to the website in order to enhance the services we provide to you and other 123 Tradies users.

 

 Username & Password

To list your business on 123Tradies.com.au, you will nominate a username and password.

You are entirely responsible for all activities that occur under your username and password. You must ensure these remain confidential at all times.

You must notify 123 Tradies immediately by email to admin@123tradies.com.au if you become aware of any unauthorised use of your username and password.

 

Phone Recordings

123 Tradies reserves the right to record phone calls between you and 123 Tradies employees or 123 Tradies agents for training purposes.

 

Personal Information & Privacy

123 Tradies collects personal information from a variety of sources, including from members of the public, advertisers, mailing lists, contractors and business partners.

In general, the personal information 123 Tradies collects includes (but is not limited to) name, address, contact details and, where relevant, financial information, including credit card information, banking details and income information.

123 Tradies stores the personal information you enter on the website. 123 Tradies obtains most personal information through the website registration process outline above. You may, however, provide information through a variety of different means (for example if you contact 123 Tradies via email, respond to a survey published on the website or third party survey used by 123 Tradies, or answering questions asked by staff or agents of Service Seeking over the phone).

The website uses cookies which contain information by which 123 Tradies can identify your computer (or other devices you use to access the website) to our servers and the servers of third parties contracted by 123 Tradies including, but not limited to, third parties providing analytical and advertising services. You may configure your browser so that you are notified before a cookie is downloaded or so that your browser does not accept cookies. 123 Tradies may use information contained in cookies to make assumptions about the user of the device and to provide users of that device with focused advertising that 123 Tradies believes may be of interest, based on that information. You can disable cookies through your Internet browser.

123 Tradies endeavors to collect personal information about an individual only from that individual. In some circumstances 123 Tradies may obtain personal information from a third party. If you provide personal information about another person to 123 Tradies; 123 Tradies requires that you inform that person you have done so and provide them a copy of this Personal Information & Privacy policy.
How 123 Tradies uses your Personal Information

123 Tradies may use your personal information for the primary purpose for which it is collected and for such other secondary purposes that are related to the primary purpose of collection. 123 Tradies generally uses personal information to:

  • personalise and customise your experience on the website;
  • help 123 Tradies manage and enhance its services;
  • communicate with you by email, SMS message or telephone; and
  • provide you with ongoing information about opportunities on the website which 123 Tradies believes you may be interested by email, SMS message or telephone.

 

Disclosure of Personal Information

123 Tradies may use and disclose information relating to a user’s racial or ethnic origin, membership of political bodies, religion, membership of a trade union or trade association, sexual preferences, criminal record and health only for the purpose for which it was provided or a directly related secondary purpose or as allowed by law unless the user has agreed otherwise.

 

Management & Security of Personal Information

123 Tradies protects the personal information 123 Tradies holds from misuse, loss, unauthorised access, modification or disclosure by various means including firewalls, password access, secure servers and data encryption.

123 Tradies may retain any personal information you provide during your use of the website, including, but not limited to, copies of identification documents, for a minimum period of 12 months after your last interaction with the website. After 12 months 123 Tradies will delete, or anonymise, on your request, specific personal information from our servers, files, and databases, unless 123 Tradies are required by law to retain that information.

 

Updating Personal Information

123 Tradies endeavours to ensure the personal information it holds is accurate, complete and up-to-date. You can update your personal information by sending an email to admin@123tradies.com.au

 

Accessing Personal Information

 You have the right to seek access to the personal information 123 Tradies holds about you and to advise 123 Tradies of any inaccuracy. There are some exceptions to this right set out in the Privacy Act.

If you make an access request, 123 Tradies will ask you to verify your identity and specify what information you require. 123 Tradies may charge you a fee to cover the costs of meeting your request.

 

License to Use Your Information

Solely to enable 123 Tradies to use the information you supply us with, so that we are not violating any rights you have in that information, you agree to grant us a non-exclusive, worldwide, irrevocable, perpetual, fee-free right to exercise the copyright and other intellectual property rights you have in that information in any format (including, but not limited to, any text, photographs, graphics, video or audio). You agree that 123 Tradies can use that content in any way, now and in the future. 123 Tradies also reserves the right not to use the content that you submit. You warrant that you have all of the necessary rights, including copyright, in the content you contribute, that your content is not defamatory and that it does not infringe any law within Western Australia or Australia. You indemnify 123 Tradies against any and all legal fees, damages and other expenses that may be incurred by 123 Tradies as a result of a breach of this warranty. 123 Tradies will only use your information in accordance with our Personal Information & Privacy Policy.

 

Feedback Comments

123 Tradies allows users of the website to comment on the performance of 123 Tradies business users whose business services they have either contracted, or have experienced in the course of evaluating the business user’s suitability for a job.

123 Tradies reserves the right to publish or not to publish those ratings and comments (feedback) on the website at its absolute discretion.

123 Tradies reserves the right to delete or modify feedback submitted on the website at any time for any reason. 123 Tradies will delete or modify if it is clear that, in the opinion of 123 Tradies, the feedback is factually incorrect or does not relate to the provision of business services by the business to the user who submitted feedback.

In Australia and other countries, feedback may be considered defamatory of the reputation and standing of individuals and businesses. You acknowledge and agree that 123 Tradies accepts no responsibility for liability, damage, injury or loss that may arise from feedback submitted to or published on the website, and you, by these Terms and Conditions, release forever and indemnify 123 Tradies from any liability it may incur arising out of (whether directly or indirectly) any feedback you post on the 123 Tradies website.

Further you agree that, if you or anyone else commences or threatens any action or proceeding against 123 Tradies or makes any claim or demand against 123 Tradies as a result of any feedback you submit to the website, 123 Tradies may, in it’s absolute discretion, without any notice to you immediately cancel or suspend your membership of the website.

 

Breaching Our Terms and Conditions

Without limiting other remedies available to 123 Tradies at law, in equity or under this Terms and Conditions, we may, in our sole discretion, immediately issue a warning, temporarily suspend or terminate your membership and refuse to provide services to you if:

  1. You breach these Terms and Conditions or Personal Information & Privacy policy;
  2. We are unable to verify or authenticate any information you provide to us; or
  3. We believe your actions may cause legal liability to you, 123 Tradies users or 123 Tradies.

 

Customer Support & Complaints Policy

123 Tradies make a considerable investment in staff and technology to help answer customer support questions and respond to complaints. Our staff will endeavour to process questions or complaints from registered users of the website according to the following policy:

  1. 123 Tradies will attempt to resolve any customer complaints and answer any questions within 1 business day of the first contact made by a customer by email to admin@123tradies.com.au
  2. All complaints and enquiries are logged and managed by the 123 Tradies Customer Relationship Management software.
  3. Technical complaints or product development suggestions will be considered for future software upgrades. Your suggestions may not result in changes to the software or 123 Tradies business practices.
  4. All other complaints are reviewed by 123 Tradies customer support representatives and may be escalated to a manager for resolution if required.
  5. 123 Tradies reserves the right not to respond to customer support questions or complaints that offend 123 Tradies employees or agents.
  6. 123 Tradies reserves the right not to respond to questions or complaints made by individuals who, in the opinion of 123 Tradies, are not current users of the website, or have been suspended from using the website.

 

Dispute Resolution Policy

 123 Tradies will use reasonable endeavors to mediate any dispute concerning the use by parties of the website.

Disputes in relation to the actual services carried out by a business or any other issue will be referred, where appropriate, to external dispute resolution services or authorities.

 

Suspension and Termination of Business User Accounts

Business users of the website may have their access to the website and 123 Tradies services suspended for any length of time for any breach of the Terms and Conditions, as well as, but not limited to, any of the following reasons:

  1. Providing false or inaccurate information during business registration or when quoting on the website;
  2. Providing false or inaccurate information to 123 Tradies employees or agents;
  3. Receiving in aggregate more than 2 negative feedback ratings or complaints from other website users in relation to services contracted by the users who initiate the negative feedback or complaint (2 strikes and you’re out policy);
  4. Acting as an agent of another business or individual who is not a current paying business member of the website without the written approval of 123 Tradies; and,
  5. Submitting quotes via any means to any other person or entity for work that the business user is not qualified, or licensed to perform.

 

Cancellations of Paid Business Memberships

Paying businesses can cancel their membership at any time contacting 123 Tradies. They can also email admin@123tradies.com.au from the email address they use as their username to access the site.

Paying businesses that have prepaid for any length of time will not be refunded for the unused portion of their membership in accordance with the Refunds Policy.

 

Refunds Policy

Paying businesses agree that membership is non-refundable at the time that payment is made.

If you are dissatisfied with the website or 123 Tradies services you are free to discontinue using the website, and as such membership fees or other payments you have made to 123 Tradies are not subject to refunds.

Business users who claim a refund from their credit card provider or bank without contacting our Customer Support team first (unauthorised refund) will have their paid membership immediately suspended. 123 Tradies may issue an invoice to recover up to the full value of any unauthorised refund to the relevant business user. 123 Tradies may contract a debt collection agency or use other legal means to recover unauthorised refunds. 123 Tradies may charge you interest plus any costs we incur as a result of collecting your payment.

 

Pricing & Charges (Current 26/1/2017)

There is no charge per lead for 123 Tradies services. Payments are required in the form of membership as stated below.

Prices are as follows (GST Inclusive);

365 Featured Listing – $365 for 12 months

Business Booster Listing – $600 for 6 months

Platinum Listing – $1,200 for 6 months

100% payment is required up front unless otherwise stated in writing by 123 Tradies.

Other services 123 Tradies offers will be as per the quotation terms.

 

Updates to the Website

 123 Tradies may from time to time and at any time change or discontinue any feature of the website including content, hours or availability and equipment required for access.

 

Promotions & Competitions

 If 123 Tradies run promotions or competitions involving the awarding of prizes or other gifts, 123 Tradies may modify the Terms and Conditions and implement additional terms and conditions, which will be communicated to you by posting them on the website at the time of such promotions and competitions.

 

Third Party Links & Advertising

123 Tradies may display advertisements, which may or may not contain hyperlinks or buttons, which take you to websites operated by third parties. 123 Tradies does not endorse or recommend its advertisers, their products or services, or the information, products or services of any website linked to the website.

If you contact a third party through the website, including via email, 123 Tradies accepts no responsibility for any actions taken by that third party in connection with you as the user.

 

Copyright and Trade Marks

The entire contents and design of the 123Tradies.com.au web site; including all trademarks, text, images and audio and video files, is proprietary to us or our content providers and is protected by copyright laws. The 123Tradies.com.au is for your personal, non-commercial use. You may not reproduce, modify, copy, distribute, transmit, communicate, display, publish or use any material contained in the 123Tradies.com.au web site and/or 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 123Tradies.com.au web site for commercial purposes or to establish, operate or maintain your own product or service offering. You acknowledge that any breach by you of this paragraph may cause damage to us which cannot adequately be remedied by damages and that if you breach or act in a way which threatens to breach this paragraph, we may seek injunctive relief against you.