Terms & Conditions
WEBSITE TERMS AND CONDITIONS OF USE
1. About the Website
1.1. Welcome to www.tradiecart.com.au (the 'Website'). The Website is an online marketplace that brings together a network of Australian Trade Stores or Vendors (the 'Vendors') to list and sell goods on the Website to Customers (the 'Customer'). TradieCart is an online marketplace that brings together Vendors and Customers (the 'Service')
1.2. The Website is operated by TradieCart PTY LTD (ABN 60 631 812 185). Access to and use of the Website, or any of its associated products or Services, is provided by TradieCart. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of its products or Services, immediately.
1.3. TradieCart reserves the right to review and change any of the Terms by updating this page at its sole discretion. When TradieCart updates the Terms, it will use reasonable endeavours to provide you with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
2.1. You accept the Terms by registering for the Services and/or making any payment and/or using this Website as required under the Terms for use of the Services. You may also accept the Terms by clicking to accept or agree to the Terms where and if this option is made available to you by TradieCart in the user interface.
3. All Users
3.1. As part of the registration process, or as part of your continued use of the Services or Website, the Customer and/or the Vendor may be required to provide personal information about yourself (such as identification or contact details), including:
(a) Email address
(b) Delivery address
(c) Billing address
(d) Telephone number
(f) Bank Accounts Details
(g) Credit Card Details
3.2. You warrant that any information you give to TradieCart in the course of completing the registration process will always be accurate, correct and up to date.
3.3. Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms.
3.4. You may not use the Services and may not accept the Terms if: (a) you are not of legal age to form a binding contract with TradieCart; or (b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
4. Your obligations as a Member
4.1. As a Member, you agree to comply with the following:
(a) you will not share your profile with any other person;
(b) you will use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(c) you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify TradieCart of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(e) you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;
(f) any content that you broadcast, publish, upload, transmit, post or distribute on the Website ('Your Content') will always be accurate, correct and up to date and you will maintain reasonable records of Your Content.
(g) you agree not to harass, impersonate, stalk, threaten another Member of the Website (where interaction with other Vendors or Customers is made available to you);
(h) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of providing the Services;
(i) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of TradieCart;
(j) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(k) you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by TradieCart for any illegal or unauthorised use of the Website; and
(l) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
5. Using the Website as the Customer
5.1. TradieCart is an online marketplace that brings together Vendors and Customers. We act only as an intermediary between Vendors and Customers. TradieCart facilitates the payment between parties but product advertised on our Website is dispatched directly from the Vendor.
Placing an Order
5.2. When you add a product(s) to your cart and complete the checkout process (the 'Order'), your order is an offer from you to the relevant Vendor to buy that Product from that Vendor.
5.3. The Vendor will be bound to supply you the Product once payment has been processed and you have received an email order confirmation that the Vendor accepts the Order. In the event that an ordered item is not available or it is not possible to fulfill your order we will notify you as soon as reasonably possible to arrange an alternative Product, a Backorder or a full refund.
5.4. Where the Product is being delivered, delivery options including delivery times are listed on each Product's Product Page and/or the Checkout Page. In the event that an ordered item is not available or it is not possible to fulfill your order on time we will notify you as soon as reasonably possible to inform you of the delayed delivery time.
6. Using the Website as the Vendor
6.1. In order to access the Services, the Vendor is required to register for an account through the Website (the 'Vendor Account').
6.2. It is up to each individual Vendor to ensure their advertised product is accurately displayed and we take no responsibility for orders that cannot be fulfilled for any reason or for late despatch or delivery of any product for whatever reason.
6.3. As a Vendor, you are responsible for service returns, refunds, customer service, dispute resolution in respect of sales of Products via the Website.
6.4. By becoming a Vendor on this Website, you acknowledge that we may recover all costs that are incurred in relation to honouring sales of Products on the Website including but not limited to costs in relation to Charge Backs, Merchant fees, fulfillment, warranties, returns and Product defects. These costs will be debited to your credit card or direct debit account provided to us and you authorise such debits from your account.
6.5. All Products listed by Vendors must be Products that are in stock and available for purchase. The Vendor must have the legal rights to sell these products via our Website. We may require an assurance or evidence of this from you from time to time. Failure to comply may result in your product being removed from the Website and/or your Store Account being suspended or cancelled.
6.6. Except within the Allocated Area, under no circumstances are Vendors permitted to advertise their business telephone number within their product description on the Website. Failure to comply may result in your product being removed from the Website and/or your Store Account being suspended or cancelled.
6.7. We may reject any product that are not relevant to our areas of interest and reserves the right to cancel/and/or amend such product listing, without notice and without refund.
6.8. We may withdraw or alter the product or material you send us if it is deemed to be inappropriate, incorrect or not in keeping with the Website’s style standards and tone.
6.9. Products on the Website may only include text descriptions, graphics, pictures and other content relevant to the sale of that particular Product.
6.10. Any phone numbers provided must be yours as officially ascribed to you by a telecommunications business or you must have permission and authority to use such phone numbers.
6.11. We reserve the right to verify the availability of products offered for sale and to verify the information contained in any product listing by requiring the Vendor to provide acceptable evidence of the availability of the products(s) for sale. You agree to provide such additional information as we reasonably require. Failure to comply may result in your service being suspended or cancelled and/or removal of the products.
6.12. Vendors must not post/submit illegal, prohibited or offensive content to this Website and must not use derogatory terms on the Website. Any Vendor who submits such content may be reported to the proper authorities. We reserve the right to immediately cancel and remove, without notice or refund, from the Website, any product which is deemed by us to contain illegal or prohibited content, derogatory or offensive terms.
6.13. Vendors may not include political, religious or controversial material on any Product or part of the Website. We reserve the right to immediately cancel and remove, without notice or refund, from the Website, any Product which is deemed by us to contain such content.
6.14. Vendors must not use this Website to promote any products not permitted to be sold via the Website nor advertise hyperlinks directing Customers to other websites.
6.15. We do not permit data mining of any of the content on this Website in any way.
6.16. We do not permit the use of the Website to publish anything that could be considered spam, phishing, bulk electronic messaging, or anything else that contravenes Australian Law.
6.17. If you are the subject of an interview and/or article and/or feature and/or video of any sort appearing on the Website, you accept that the published interview and/or article and/or feature and/or video is prepared with editorial integrity and that our editorial decision is final. You also accept the possibility that editorial errors can occur. Where such errors occur, we will make every effort to amend these errors as soon as they are discovered or brought to our attention but we will not liable for any adverse consequences or loss arising from any such error.
7. Fees and Payment
7.1. Fees for any service offered by us are subject to review and change, without the requirement to notify you unless otherwise specified in these Terms and Conditions.
7.2. Listing a product on the Website is deemed to be acceptance of these Terms and Conditions and the applicable fees.
7.3. By listing a product and completing sales on the Website, you are giving us permission to accept full payment on your behalf from Customers for sales of Products prior to us accounting to you for such sales.
7.4. By TradieCart offering the Services to you, you agree that: (a) All payments are handled by Stripe or Stripe Connect. 7.3. All payments made in the course of your use of the Services are made using Stripe & Stripe Connect. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe & Stripe Connect terms and conditions which are available on their website.
8. Refund Policy
8.1. Since TradieCart is only a facilitator in introducing the Customer to the Vendor and providing a system to make safe payment, TradieCart does not hold any liability to the Customer directly and will not personally refund them any payments made in the use of Services.
8.2. Notwithstanding the above clause, if a Customer is unsatisfied with the services provided by the Vendor or believes that they may be entitled to a refund, then TradieCart requires the Customer to: (a) contact the Vendor directly to request a refund; and (b) if contacting the Vendor is not successful after fourteen (14) days, contact TradieCart through the 'Contact Us' section of the Website outlining why you believe you are entitled to a refund so we are able to determine if the Vendor should be removed from the Services.
8.3. If contacted by a Customer who is requesting a refund pursuant to the above clause, the Vendor agrees that it will immediately:
(a) Contact TradieCart via email or by phone; and
(b) Provide all the Order details and the email from the Customer requesting the refund to TradieCart.
8.4. If the Vendor agrees to a refund it is acknowledged that the Vendor will instruct TradieCart to refund all or part of the payments made to the Customer directly, less any fees and charges incurred by TradieCart in processing the refund.
8.5. Both the Customer and Vendor agree that they will comply with the Refund Policy contained in this Clause of these Terms.
9. Copyright and Intellectual Property
9.1. The Website, the Services and all of the related products of TradieCart are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by TradieCart or its contributors.
9.2. All trademarks, service marks and trade names are owned, registered and/or licensed by TradieCart, who grants to you a worldwide, non-exclusive, royaltyfree, revocable license whilst you are a Member to: TradieCart does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by TradieCart.
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your device's cache memory; and
(c) print pages from the Website for your own personal and non-commercial use.
9.3. TradieCart retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any: to you.
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
9.4. You may not, without the prior written permission of TradieCart and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
9.5. Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Website, then you grant to TradieCart a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.
9.6. We may use social media and the Website may provide links to a number of social media websites, for example Facebook, Twitter, Skype, Snapchat, Pinterest, LinkedIn, Viber and Instagram. We reserve the right to change, vary, increase, decrease or desist from its social media presence at any time at our sole discretion.
9.7. We may from time to time host our own social media function, including blogs, consumer reviews, ratings and forums but are not obliged to do so. We do not necessarily endorse, support, encourage, verify or agree with any comments or opinions posted by third parties and any such posting does not necessarily represent the views of TradieCart. We take no responsibility for all and any content on the Website except for such items which are specifically identified as being content produced by us.
11. General Disclaimer
11.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
11.2. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) TradieCart will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
11.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of TradieCart make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of TradieCart) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website); (c) costs incurred as a result of you using the Website, the Services or any of the products of TradieCart; and (d) the Services or operation in respect to links which are provided for your convenience.
11.4. You acknowledge that TradieCart Website and the Services are only intended to facilitate the interactions between the Customer and the Vendor and does not offer any services other than the Services and TradieCart holds no liability to you as a result of any conduct of the Members or the misuse of Your Content by any party (including other Members).
12. Limitation of Liability
12.1. TradieCart's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
12.2. You expressly understand and agree that TradieCart, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
12.3. You acknowledge and agree that TradieCart holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Website.
12.4. We give no warranties in relation to the authenticity of advertisers or Users of the Website. To the extent permitted by Australian Law, we give no warranty as to the Products purchased from Vendors on the Website.
12.5. Some information on the Website may be uploaded by Vendors from external sources. We do not endorse or warrant the accuracy of this content nor do we accept any liability for inaccuracies or omissions in this content. The fact that content appears on the Website does not imply our endorsement or liability in respect of such content.
12.6. All reasonable care will be taken while compiling the Website’s content, including advertising content. Nevertheless, we do not warrant or represent that the Website is complete, current or free from typographical or other errors, or omissions. Information, advertisements, software and Product descriptions may include inaccuracies.
12.7. We endeavour to provide continual availability of our services and access to the Website. However, access to the Website may not always be possible due to numerous factors including those which are out of our control. We do not warrant or represent that our services and access to the Website will be timely, continuous, fault-free, uninterrupted, secure or virus-free.
12.8. By reason of occasional technological difficulties, and to the extent permitted by Australian law, we will not be liable for any compensatory or exemplary damages arising out of or in any way connected with use of the Website or inability to use the Website even if we have been advised of the possibility of damages. You release TradieCart, its officers, contractors, employees and agents against all Loss, claims, costs, demands, damages and liabilities related to use or inability to use the Website in this regard.
13. Termination of Contract
13.1. If you want to terminate the Terms, you may do so by providing TradieCart with 3 Months notice of your intention to terminate by sending notice of your intention to terminate to TradieCart via the 'Contact Us' link on our homepage.
13.2. TradieCart may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) TradieCart is required to do so by law;
(c) TradieCart is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
(d) the provision of the Services to you by TradieCart is, in the opinion of TradieCart, no longer commercially viable.
13.3. Subject to local applicable laws, TradieCart reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts TradieCart's name or reputation or violates the rights of those of another party.
13.4. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and TradieCart have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
14.1. You agree to indemnify TradieCart, its affiliates, employees, agents, contributors, third party content Vendors and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
15. Dispute Resolution
15.1. Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
15.2. Notice: A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
15.3. Resolution: On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
(a) Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with Approved by Signature.
(d) The mediation will be held in Melbourne, Australia.
15.4. All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
15.5. Termination of Mediation: If 4 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
16. Venue and Jurisdiction
The Services offered by TradieCart is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
17. Governing Law
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
18. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
Updated March 20, 2020