WHAT PARTS OF THESE TERMS APPLY TO ME?
This agreement governs your use of our website located at www.flooringdomain.com.au (Platform) and any other services made available through the Platform. By using the Platform, you agree to be bound by this agreement which forms a binding contractual agreement between you, the User, and us, flooringdomain.com.au ABN 90 622 139 726 (flooringdomain.com.au, flooring domain, we, our or us).
The remainder of this agreement is divided into three parts:
• • Part 1 (All Users), which sets out terms that apply to all Users;
• • Part 2 (Service Providers), which sets out additional terms that apply to Service Providers, being flooring services professionals, who are referred on our website as ‘Contractors’; and
• • Part 3 (Customers), which sets out additional terms that apply to Customers, being people seeking flooring services.
If you intend to use the Platform as a Service Provider, only Parts 1 and 2 of these terms will apply to you.
If you intend to use the Platform as a Customer, only Parts 1 and 3 of these terms will apply to you.
PART 1: ALL USERS
(a) This Platform is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you are either:
(i) over the age of 18 years and accessing the Platform for personal use; or
(ii) accessing the Platform on behalf of someone under the age of 18 years old and consent to that person's use of the Platform.
(b) Please do not access the Platform if you are under the age of 18 years old and do not have your parent or guardian's consent, or if you have previously been suspended or prohibited from using the Platform.
(c) If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so.
(a) In order to use most of the functionality of the Platform, all Users are required to sign-up, register and receive an account through the Platform (an Account).
(b) As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, and other information as determined by flooringdomain.com.au from time to time.
(c) You warrant that any information you give to flooringdomain.com.au in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
(d) Correspondence between Users must take place on the Platform.
(e) Once you complete the Account registration process, flooringdomain.com.au may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
(f) Flooringdomain.com.au reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
(g) flooringdomain.com.au may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.
3. USER OBLIGATIONS
As a User, you agree:
(a) not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
(b) to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify flooringdomain.com.au of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform's security;
(c) to not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive services, including:
(i) not using the Platform in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes); and
(ii) not using the Platform in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by flooringdomain.com.au;
(d) not to act in any way that may harm the reputation of flooringdomain.com.au or associated or interested parties or do anything at all contrary to the interests of flooringdomain.com.au or the Platform;
(e) you must not make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of flooringdomain.com.au;
(f) that flooringdomain.com.au may change any features of the Platform or services offered through the Platform at any time without notice to you;
(g) that information given to you through the Platform, by flooringdomain.com.au or another User including a Service Provider, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
(h) that flooringdomain.com.au may cancel your account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 3.
4. POSTED MATERIALS
By providing or posting any information, materials or other content on the Platform (Posted Material), you represent and warrant that:
(a) you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
(b) the Posted Material is accurate and true at the time it is provided;
(c) any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
(d) the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
(e) the Posted Material is not "passing off" of any product or service and does not constitute unfair competition;
(f) the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
(g) the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
(h) the Posted Material does not breach or infringe any applicable laws.
(a) You grant to flooringdomain.com.au a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for flooringdomain.com.au to use, exploit or otherwise enjoy the benefit of such Posted Material.
(b) If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release flooringdomain.com.au from any and all claims that you could assert against flooringdomain.com.au by virtue of any such moral rights.
(c) You indemnify flooringdomain.com.au against all damages, losses, costs and expenses incurred by flooringdomain.com.au arising out of any third party claim that your Posted Material infringes any third party's Intellectual Property Rights.
(a) Flooringdomain.com.au acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, flooringdomain.com.au may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material.
(b) You agree that you are responsible for keeping and maintaining records of Posted Material.
5. PLATFORM SERVICES AND FEES
(a) Viewing the Platform and signing up to an Account on the Platform is free.
(b) Other services provided on the Platform by flooringdomain.com.au, including but not limited to membership and advertising (Services), incur fees, as described on the Platform (Fees).
(c) By submitting an order for purchase of services provided by flooringdomain.com.au on the Platform (Purchase Order) you represent and confirm that you:
(i) have the legal capacity and are of sufficient age to enter into a binding contract with us; and
(ii) are authorised to use the debit or credit card included in your order, if applicable.
(d) Submitting a Purchase Order constitutes your intention and offer to enter into a contract, where we will provide you with the services you have ordered in exchange for your payment of the total amount listed upon checkout. A contract is not formed until we have approved your payment and you receive an email from us confirming that your order is being processed.
(a) (Payment method) Unless otherwise agreed in writing:
(i) you must pay for all Services upon checkout on the Platform on or prior to flooringdomain.com.au providing the Services;
(ii) to make a payment, you are to deposit money into your Account for debit by flooringdomain.com.au using the functionality provided on the Platform; and
(iii) if money in your Account is not used for a period of 12 months, it will be forfeited to flooringdomain.com.au.
(b) (No refunds) Any Fees already paid or due and payable for Services we have provided to you are non-refundable.
(c) (GST) Unless otherwise indicated, amounts stated on the Platform do not include GST. In relation to any GST payable for a taxable supply by flooringdomain.com.au, you must pay the GST subject to flooringdomain.com.au providing a tax invoice.
(d) (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for Services. The processing of payments by the Payment Provider will be, in addition to these Terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
(e) (Release) You agree to release flooringdomain.com.au and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Payment Provider, including any issue with security or performance of the Payment Provider's platform or any error or mistake in processing your payment.
(f) (Withdrawal of money) you are able to withdraw any money you have deposited into your Account and not spent on a Service at any time using the functionality provided on the Platform, however such withdrawals will be subject to delays needed for our Payment Provider to process the withdrawal and will incur a processing fee charged by the Payment Provider;
(g) (Card surcharges) flooringdomain.com.au reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club).
(h) (Cancellations) We reserve the right to cancel your order of our Services for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your Account.
7. REFUNDS, SERVICE INTERRUPTIONS AND CANCELLATIONS
Flooringdomain.com.au will have no liability or obligation to you if:
(a) a Customer or Service Provider cancels at any time after the time for performance of any listing that a Service Provider uploaded to offer to provide Services and/or Services (Service Listing) is agreed; or
(b) for whatever reason, including technical faults, the Services cannot be performed or completed,
and you will not be entitled to any compensation from flooringdomain.com.au.
8. SERVICE LIMITATIONS
The Platform is made available to you strictly on an 'as is' basis. Without limitation, you acknowledge and agree that flooringdomain.com.au cannot and does not represent, warrant or guarantee that:
(a) the Platform will be free from errors or defects;
(b) the Platform will be accessible at all times;
(c) messages sent through the Platform will be delivered promptly, or delivered at all;
(d) information you receive or supply through the Platform will be secure or confidential; or
(e) any information provided through the Platform is accurate or true.
9. ADVERTISING SERVICES
If the Services you purchased include advertising on the Platform (Advertising Services) the following will apply.
(a) Flooringdomain.com.au does not guarantee:
(i) the appearance or location of any listing or advertising banners;
(ii) the level of results you may achieve from Advertising Services; or
(iii) that the Advertising Services will meet all your requirements.
(b) The placement and prominence of your advertisement will be determined in our absolute discretion, and will depend on the nature of the products and Services you offer, the bidding price to purchase advertisement impressions, your budget and the competition for advertising placement.
10. INTELLECTUAL PROPERTY
(a) Flooringdomain.com.au retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Services (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Service Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
(b) You may make a temporary electronic copy of all or part of the Service Content for the sole purpose of viewing it and adapting it for the purpose of making or responding to a Service Listing. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without prior written consent from flooringdomain.com.au or as permitted by law.
(c) In this clause 10, "Intellectual Property Rights" means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.
11. THIRD PARTY CONTENT
The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). Flooringdomain.com.au accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.
12.1 DISPUTES BETWEEN USERS
(a) You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.
12.2 DISPUTES RELATING TO THE PLATFORM
(a) If you have a complaint relating to the Platform, you must report it to flooringdomain.com.au via https://flooringdomain.com.au/help/write We will assess the complaint and attempt to quickly and satisfactorily resolve it.
(b) Any costs you incur in relation to a complaint or dispute will be your responsibility.
(c) Flooringdomain.com.au has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.
(d) Flooringdomain.com.au reserves the right to hold funds in relation to a dispute until the dispute is resolved by the relevant parties or by a mediator or arbitrator.
(e) If you have a dispute with flooringdomain.com.au, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.
(f) Notwithstanding any other provision of this clause 12, you or flooringdomain.com.au may at any time cancel your Account or discontinue your use of the Platform.
Flooringdomain.com.au does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.
(a) (Introduction service) Flooringdomain.com.au is a medium that facilitates the introduction of Customers and Service Providers for the purposes of making arrangements to fulfil service offerings regarding flooring services and similar. Flooringdomain.com.au simply collects a service fee in consideration for providing this introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, Customers and Service Providers in relation to such services or otherwise resulting from the introduction. Flooringdomain.com.au makes no representations about any services and/or goods provided by a Service Provider or the authenticity and/or financial viability of a Customer.
(b) (Limitation of liability) To the maximum extent permitted by law, the flooringdomain.com.au's liability for all claims in aggregate (whether those claims be for breach of contract, negligence or otherwise, and whether those claims are for economic loss, or for personal injury or other damage) from or relating in any way to the Platform or its use or any goods and/or services provided by any Service Provider:
(i) is totally excluded, to the extent it concerns liability for indirect, special and consequential damages, and damages (whether direct or indirect) reflecting loss of revenue, loss of profits and loss of goodwill (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)); and
(ii) is limited, insofar as concerns other liability, to the total money paid to the flooringdomain.com.au under this Agreement as at the date the event giving rise to the relevant liability occurred (or, where there are multiple events, the date of the first such event).
(iii) Nothing in this agreement is intended to limit the operation of the Competition and Consumer Act 2010 (Cth).
(c) (Warranties) To the maximum extent permitted by applicable law, all express or implied representations and warranties (whether relating to fitness for purpose or performance, or otherwise) not expressly stated in this Agreement or a Client Form are excluded. Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee which may not lawfully be excluded, then, to the maximum extent permitted by applicable law, the flooringdomain.com.au's liability for breach of that non-excludable condition, warranty or guarantee will, at the flooringdomain.com.au's option, be limited to:
(i) in the case of goods, their replacement or the supply of equivalent goods or their repair; and
(ii) in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.
(d) (Indemnity) You agree to indemnify flooringdomain.com.au and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives' use of the Platform or your provision or receipt of Services from another User.
You agree that:
(a) no information owned by flooringdomain.com.au, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
(b) all communications involving the details of other users on this Platform and of the Service Provider are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.
(a) Flooringdomain.com.au reserves the right to terminate a User's access to any or all of the Platform (including any listings and memberships) at any time without notice, for any reason.
(b) In the event that a User's membership is terminated:
(i) the User's access to all posting tools on the Platform will be revoked;
(ii) the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and service listings or requests); and
(iii) the User may be unable to view the details of all other Service Providers (including contact details, geographic details and any other details), and all service listings previously posted by the respective User will also be removed from the Platform.
(c) Users may terminate their membership on flooringdomain.com.au at any time by using the Platform's functionality where such functionality is available. Where such functionality is not available, flooringdomain.com.au will effect such termination within a reasonable time after receiving written notice from the User.
(d) Notwithstanding termination or expiry of your membership or this agreement, the provisions of Part 1 and any other provision which by its nature would reasonably be expected to be complied with after termination, will continue to apply.
You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Platform, and flooringdomain.com.au will not be held accountable in relation to any transactions between Customers and Service Providers where tax related misconduct has occurred.
19. RECORD / AUDIT
To the extent permitted by law, flooringdomain.com.au reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving flooringdomain.com.au.
20. GOVERNING LAW
This agreement is governed by the law applying in Queensland, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
PART 2: SERVICE PROVIDERS
(a) You must verify that any Customer is over 18 years old or has their parent's or guardian's consent to use the Platform.
(b) Flooringdomain.com.au is under no obligation to confirm the status of your eligibility to work with people under 18 years old. You indemnify flooringdomain.com.au against any claim that may arise in connection with your eligibility to work with people under 18 years old.
2. YOUR PROFILE INFORMATION
2.1 PERMISSION TO COMPLETE YOUR PROFILE
If you sign up to the Platform by creating an Account or otherwise posting anything on the Platform, you agree that:
(a) if your profile is incomplete, flooringdomain.com.au may update your profile by using publicly available information about your business or information contained on your website or social media accounts, and you expressly authorise flooringdomain.com.au to do so;
(b) if we update your profile by using the information contained on your website or social media accounts, such information will become Posted Material and clause 4 of Part 1 of these terms will apply to such information.
2.2 PUBLICLY AVAILABLE INFORMATION
(a) Flooringdomain.com.au may list your business on the platform by using publicly available information limited to:
(i) business name;
(ii) business website and telephone number; and
(iii) business location.
(b) If you do not wish your information to be listed on the Platform, please let us know by contacting us at https://flooringdomain.com.au/help/write
3. SERVICE LISTINGS
You acknowledge and agree that:
(a) you must use your best endeavours to provide as much information as possible in any listing you upload to offer to provide services on the Platform (Service Listing);
(b) flooringdomain.com.au may choose not to accept any Service Listing you submit to the Platform, and flooringdomain.com.au may limit the number of Service Listings you can submit on the Platform in line with your membership type;
(c) you may only charge each Customer the amount and the services you have quoted in a Service Listing;
(d) you must take all reasonable steps to complete the services as described in every Service Listing that is accepted by a Customer, including by not cancelling any part of such a Service Listing;
(e) you must deal with any dispute with a Customer in accordance with clause 11 of Part 1;
(f) any additional terms and conditions relating to a Service Listing or quote provided via the Platform are solely between you and the Customer and do not involve flooringdomain.com.au in any way, except that they must not be inconsistent with your obligations under this agreement and comply with all applicable laws, including the Competition and Consumer Act 2010 (Cth)) ; and
(g) flooringdomain.com.au will have no responsibility for the accuracy, reliability or timeliness of the content provided by a Customer responding to a Service Listing.
4. REFUNDS & CANCELLATIONS
(a) Without limiting or otherwise affecting the terms of this agreement, if you wish to cancel a service before you have fulfilled the requirements of the service the Customer requested, you must contact us using the Platform's functionality, including providing details as to why you are cancelling. If flooringdomain.com.au decides to investigate your request, you must provide assistance and information to flooringdomain.com.au as reasonably requested.
(b) You must ensure that your cancellation policy and refund policy in relation to Customers cancelling services is in compliance with all applicable laws.
5. BINDING CONTRACT
You agree that when a Customer submits an enquiry in response to your Service Listing, this constitutes their intention and offer to enter into a contract with you, where you will provide the Customer with the service in the Service Listing they responded to in exchange for payment of the amount you quoted in the Service Listing. A contract is formed in this respect when you respond to an email or message on the Platform confirming that you accept the Customer's offer.
By listing yourself as a Service Provider on the Platform and posting a Service Listing, you represent and warrant that:
(a) you are able to fulfil the requirements of the services specified in the Service Listing;
(b) you will provide the relevant services to Customers:
(i) using suitably qualified and trained personnel exercising due care and skill in a professional, efficient, diligent and safe manner, and to the best industry standards; and
(ii) in compliance with all applicable laws; and
(c) any individuals involved in performing the relevant services have not been previously convicted of an indictable offence, and any companies involved in performing the relevant services have no current legal, criminal, civil or administrative proceedings against flooringdomain.com.au.
PART 3: CUSTOMERS
1. SERVICE LISTINGS
You acknowledge and agree that:
(a) if you respond to a Service Listing posted by a Service Provider, that will constitute your offer and intention to enter into a contract with the Service Provider;
(b) any terms and conditions relating to services or a quote provided via the Platform are solely between you and the Service Provider and do not involve flooringdomain.com.au in any way, except that they must not be inconsistent with your obligations under this agreement.
(a) Flooringdomain.com.au will have no liability or obligation to you if a Service Provider cancels a job any time after you have accepted it and you will not be entitled to any compensation from flooringdomain.com.au.
(b) If you wish to cancel a service before the Service Provider has fulfilled the requirements specified in the Service Listing, you must contact the Service Provider. If flooringdomain.com.au decides to investigate your cancellation, you must provide assistance and information to flooringdomain.com.au as reasonably requested.
(c) If you cancel a service, whether the fee you paid to a Service Provider is refundable to you in respect of that service will depend on the cancellation policy and refund policy of the Service Provider.
3. LINKED BUSINESSES
You acknowledge and agree that:
(a) the Platform provides links and introductions to Service Providers owned and operated by third parties that are not under the control of flooringdomain.com.au;
(b) the provision by flooringdomain.com.au of introductions to Service Providers does not imply any endorsement or recommendation by flooringdomain.com.au of any Service Provider; and
(c) flooringdomain.com.au does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Service Provider who uses or is listed on the Platform
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