Platform Terms

Overview

The Tradie Kit Pty Ltd ACN 682 427 532 trading as “TradieKit” (we, us, our) operates the TradieKit digital platform, including any website, mobile application, software and related services made available by us from time to time (Platform).

The Platform provides business administration, job-management, information, reminder and related functionality for tradies and trade-related businesses.

These terms and conditions (Terms) record an agreement between you (you, your), as a user of the Platform, and us for your access to and use of the Platform.

You acknowledge that the Platform:

is a general business administration and information tool;

does not provide legal, tax, accounting, financial, workplace safety or other professional advice;

does not replace your own record-keeping, diary, compliance or business systems;

does not guarantee that any reminder, alert or notification will be delivered or received; and

is not intended to be a permanent archive or backup service for your business records.

You should read these Terms carefully before using the Platform.

Acceptance of Terms

By creating an account, accessing or using the Platform, you accept these Terms and agree to be bound by them.

If you do not agree to these Terms, you must not access or use the Platform.

We may amend these Terms from time to time where reasonably necessary to:

reflect changes to the Platform, our fees or our business;

comply with law, regulatory requirements or industry standards;

address security, safety or operational matters; or

clarify or improve these Terms.

We will take reasonable steps to notify you of any material amendment before it takes effect, unless immediate amendment is reasonably necessary for legal, regulatory, security or safety reasons.

If you continue to use the Platform after an amendment takes effect, you will be taken to have accepted the amended Terms.

These Terms apply each time you access or use the Platform.

Eligibility and Accounts

You may only use the Platform if you are at least 18 years old and have legal capacity to enter into these Terms.

If you use the Platform for a business or other organisation, you warrant that you are authorised to accept these Terms on its behalf. In that case, you and your include that business or organisation.

You must provide accurate and current account information and keep it updated.

You are responsible for maintaining the confidentiality and security of your account credentials and for activity occurring through your account.

You must notify us promptly if you know or suspect that your account has been accessed or used without authority.

You must not allow another person to use your account unless we expressly permit shared or multi-user access through the Platform.

We may request information reasonably required to confirm your identity, age or authority to use the Platform.

Acceptable Use

You must use the Platform only for its intended purpose and in accordance with these Terms, any reasonable instructions we provide and applicable law.

You must not:

impersonate another person or misrepresent your identity, business or authority;

submit information that you know is false, misleading, unlawful, defamatory, threatening, abusive, discriminatory or infringing;

use the Platform to harass, threaten or harm another person;

interfere with, disrupt or compromise the Platform or any network or system connected to it;

attempt to gain unauthorised access to an account, database, system or secure part of the Platform;

introduce malware, viruses or harmful code;

scrape, crawl or use automated means to access or extract information from the Platform without our written permission;

reverse engineer, decompile, disassemble, copy or attempt to derive the source code or underlying operation of the Platform;

use the Platform for an unlawful, fraudulent or unauthorised purpose;

infringe any intellectual property, privacy, confidentiality or other right; or

use the Platform in a way that may expose us, another person or the Platform to material legal, regulatory, security or reputational risk.

We may investigate suspected misuse and take reasonable action to protect the Platform, our users and our legitimate interests.

We may remove or restrict access to content where we reasonably consider that action necessary to comply with law, protect safety or security, enforce these Terms or protect the integrity of the Platform.

Fees and Paid Features

We may make all or part of the Platform available without charge.

We may introduce paid features, subscriptions or other paid services from time to time.

The applicable fees, billing arrangements, subscription terms and any additional conditions will be displayed on our fees or pricing page, or otherwise disclosed to you before you purchase or subscribe to a paid feature.

Where you purchase a paid feature through a third-party application store or payment provider, the payment, billing and cancellation arrangements of that provider may also apply.

By purchasing or subscribing to a paid feature, you agree to pay the disclosed fees in accordance with the applicable payment arrangements and any additional terms presented to you.

We may change fees prospectively by giving reasonable prior notice. A fee change will not apply retrospectively to an amount already paid or due.

Unless required by the Australian Consumer Law or another applicable law, or unless we expressly state otherwise, all fees are non-refundable and payments are not cancellable once due, including for any unused portion of a subscription period.

Unless otherwise stated, fees and other amounts payable under these Terms are expressed exclusive of GST. If GST is payable on a supply made under these Terms, you must pay us an additional amount equal to the GST payable on that supply, at the same time as the relevant fee and on receipt of a valid tax invoice. Terms used in this clause have the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

We may suspend or restrict access to a paid feature if an amount due remains unpaid, subject to applicable law.

Nothing in this clause limits any right or remedy you may have under the Australian Consumer Law.

The Platform

The Platform may allow you to:

record and manage job information;

record customer or client details;

upload and store photographs, documents and other business records;

receive reminders, alerts and push notifications;

access articles, updates and other general information;

connect with third-party services or integrations; and

use other functionality we make available from time to time.

We may add, remove, modify or discontinue functionality from time to time.

You remain responsible for deciding whether the Platform is suitable for your business and how you use information made available through it.

The Platform does not guarantee any particular business, financial, compliance or operational outcome.

Your Information and Content

You may provide or upload information through the Platform, including account information, job details, customer details, notes, photographs, documents and other content (User Content).

You retain ownership of your User Content.

You are responsible for your User Content and must ensure that:

it is accurate and not misleading;

you have all rights, permissions and consents required to collect, use and upload it;

its collection, use and disclosure through the Platform complies with applicable law and any duty of confidentiality; and

it does not infringe another person’s intellectual property, privacy or other legal rights.

You must not upload personal, sensitive or confidential information unless it is reasonably necessary for your use of the Platform and you have the right to collect, use and upload that information.

You grant us a non-exclusive, worldwide, royalty-free and sublicensable licence to host, store, reproduce, communicate, display, process and otherwise use User Content for the purposes of:

providing, operating, administering, maintaining, securing and improving the Platform;

providing support and communicating with you;

exercising our rights and performing our obligations under these Terms; and

complying with applicable law.

The licence in this clause continues for as long as reasonably necessary for those purposes, including after account closure where retention is required or permitted by law.

We may create and use aggregated or de-identified information where permitted by law, provided it does not reasonably identify you or another person.

Articles, Reminders and Notifications

The Platform may provide articles, updates, reminders, alerts, push notifications and other general information.

This information is general only and does not take into account your circumstances. It is not legal, tax, accounting, financial, workplace safety or other professional advice.

You must make your own enquiries and obtain professional advice where appropriate before relying on information made available through the Platform.

Reminders, alerts and notifications are administrative aids only. You remain responsible for managing your own deadlines, obligations, records, licences, registrations and business decisions.

We do not guarantee that any information will be complete, accurate, current or suitable for your circumstances, or that any reminder, alert or notification will be delivered or received at a particular time.

Storage and Records

The Platform is not intended to be a complete, permanent or archival record system for your business.

You are responsible for maintaining independent copies and backups of all important records and User Content.

We do not guarantee that User Content will always be available, recoverable or capable of being exported from the Platform.

We may retain User Content and other information for as long as reasonably necessary to:

provide, administer, maintain and protect the Platform;

comply with legal, regulatory or contractual obligations;

investigate or resolve complaints, disputes, security matters or suspected misuse; or

protect our rights and legitimate interests.

Subject to applicable law and our reasonable operational requirements, we may de-identify, delete or otherwise dispose of information when it is no longer reasonably required.

Closing your account or ceasing to use the Platform does not require us to immediately delete User Content or other information relating to your account.

Privacy

We collect, hold, use and disclose personal information in accordance with our Privacy Policy available at https://tradiekit.app/legal/privacy and applicable law.

By using the Platform, you acknowledge that we may handle personal information for the purposes described in these Terms, our Privacy Policy and any applicable collection notice, including to operate, secure and improve the Platform.

Nothing in these Terms limits any right you may have under applicable privacy law.

Third-Party Services

We may use third-party providers, systems and infrastructure to operate, host, maintain, support, communicate through, analyse, authenticate, secure or improve the Platform.

The Platform may contain links to, display content from or interact with third-party services. Those services may be subject to separate terms, privacy policies and availability requirements.

The Platform may be downloaded or accessed through a third-party application store or distribution platform. Your use of that store or platform may be subject to separate terms, policies and payment arrangements imposed by the relevant provider.

Those third-party terms govern your relationship with the relevant provider. These Terms govern your relationship with us and your use of the Platform.

We do not control third-party services and, to the extent permitted by law, are not responsible for their content, operation, availability or acts or omissions where those matters are outside our reasonable control.

We may change or discontinue a link, integration or third-party service used by the Platform at any time.

Nothing in this clause limits any right you may have under the Australian Consumer Law.

Intellectual Property

We grant you a limited, non-exclusive, non-transferable and revocable licence to access and use the Platform for its intended purpose in accordance with these Terms.

We and our licensors retain all intellectual property rights in the Platform, including its software, user interface, design, functionality, documentation, branding and content supplied by us.

Nothing in these Terms transfers ownership of the Platform or our intellectual property to you.

Except as permitted by law or with our prior written consent, you must not copy, modify, reproduce, publish, distribute, sell, sublicense, reverse engineer or commercially exploit the Platform or our content.

If you provide feedback or suggestions about the Platform, you grant us a non-exclusive, worldwide, perpetual, irrevocable and royalty-free right to use that feedback without restriction or obligation to you.

Platform Availability and Changes

We may maintain, update, modify, replace, restrict, suspend or discontinue all or part of the Platform from time to time.

We may do so for reasons including maintenance, development, security, compliance, technical issues, changes to third-party services, business requirements or events outside our reasonable control.

We do not guarantee that the Platform will:

be continuously available;

operate without delay, interruption or error;

be compatible with every device, operating system, browser, application store or system;

retain every feature indefinitely;

preserve or recover all User Content; or

meet your particular expectations or requirements.

You are responsible for downloading and installing any updates that we make available. We may cease supporting older versions of the Platform where reasonably necessary for security, functionality or operational reasons.

Where reasonably practicable, we will take reasonable steps to minimise material disruption.

You are responsible for obtaining and maintaining the device, operating system, software, internet access and other systems reasonably required to access and use the Platform.

Suspension and Account Closure

You may stop using the Platform at any time and may request closure of your account using any method we make available.

We may suspend, restrict or terminate your account or access where we reasonably consider that:

you have breached these Terms;

you no longer satisfy the eligibility requirements;

your account or the Platform may have been compromised;

your use creates a legal, regulatory, privacy, security or reputational risk;

an amount payable for a paid feature remains unpaid;

suspension or termination is required by law or a competent authority;

the relevant service or functionality is no longer available; or

action is otherwise reasonably necessary to protect the Platform, our users or our legitimate business interests.

We may take immediate action without prior notice where reasonably necessary for legal, security or urgent operational reasons.

Where immediate action is not required, we may give you notice and a reasonable opportunity to address the issue.

Account closure or termination:

does not affect rights or obligations that arose before closure or termination;

does not require immediate deletion of User Content or other information; and

does not prevent us retaining information as described in these Terms or our Privacy Policy.

Clauses intended by their nature to continue after termination survive, including clauses relating to User Content, privacy, intellectual property, liability, indemnity and general provisions.

Warranties and Disclaimers

You warrant that:

you are eligible and authorised to use the Platform;

information you provide is, to the best of your knowledge, accurate and not misleading;

you will comply with these Terms; and

you will not knowingly misuse the Platform or infringe another person’s rights.

To the extent permitted by law, the Platform is provided on an “as is” and “as available” basis.

We do not warrant or represent that:

the Platform will be uninterrupted, secure, error-free or continuously available;

all User Content will be received, stored, preserved or displayed without delay or error;

articles, reminders, alerts, notifications or other information will be complete, accurate, current or suitable for your circumstances;

the Platform will produce any particular business, financial, compliance or operational outcome; or

any third-party service will be continuously available or error-free.

You remain responsible for your business decisions, legal and regulatory compliance, records and dealings with your customers and other third parties.

Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law or another applicable law that cannot lawfully be excluded, restricted or modified.

To the extent permitted by law, where our liability for breach of a non-excludable consumer guarantee can be limited, our liability is limited, at our option, to:

supplying the relevant services again; or

paying the cost of having the relevant services supplied again.

Limitation of Liability

To the extent permitted by law, we are not liable for:

indirect, consequential, special or exemplary loss;

loss of profit, revenue, opportunity, goodwill or reputation;

loss of or damage to data, User Content or business records;

loss arising from interruption, delay, unavailability or malfunction of the Platform;

loss caused by a third-party service, network, device or system outside our reasonable control;

loss arising from information, reminders, alerts or notifications that are inaccurate, incomplete, delayed or not received;

loss arising from your failure to keep independent records or backups;

loss arising from your business decisions, compliance obligations or dealings with customers or third parties;

any use of the Platform contrary to these Terms or our reasonable instructions; or

loss arising from an event outside our reasonable control.

We are not liable to the extent that loss was caused or contributed to by:

your act or omission;

another user or third party;

inaccurate, incomplete or misleading information supplied by you or another person;

your failure to maintain account security or independent records; or

your continued use of the Platform after becoming aware of a material fault or security issue.

To the extent permitted by law, our aggregate liability arising from or in connection with the Platform or these Terms is limited to the greater of:

the amount you paid us for the Platform during the 6 months before the event giving rise to the claim; and

AUD $100.

The limitations in this clause do not apply to liability that cannot lawfully be excluded or limited.

Indemnity

You indemnify us and our officers, employees and contractors against third-party claims, losses, liabilities and costs arising directly from:

your fraudulent, unlawful or deliberate misuse of the Platform;

User Content that infringes another person’s intellectual property, privacy, confidentiality or other legal rights;

your unauthorised use of another person’s account or information; or

your material breach of the Acceptable Use clause.

Your liability under this clause is reduced to the extent that our act or omission caused or contributed to the relevant claim or loss.

We must take reasonable steps to mitigate any loss claimed under this clause.

We may control the defence or settlement of a claim covered by this indemnity, but must not agree to a settlement that imposes a non-monetary obligation on you without your consent.

Transfer of Rights and Obligations

These Terms bind you and us and our respective successors and permitted assignees.

You must not assign or transfer your rights or obligations under these Terms without our prior written consent.

We may assign, transfer, novate, subcontract or otherwise deal with our rights or obligations under these Terms as part of a restructure, financing, sale of business or assets, or change to our service arrangements.

Where required by law, we will give you reasonable notice of an assignment or transfer that materially affects your rights.

Force Majeure

We are not liable for any failure or delay caused by an event outside our reasonable control.

Such events may include natural disasters, fire, flood, epidemic, pandemic, war, terrorism, civil unrest, industrial action, governmental action, telecommunications failure, internet failure, cyber incident, utility failure, hosting failure or third-party infrastructure outage.

We may suspend or modify the affected services for the duration of the event and will take reasonable steps to resume them when practicable.

General

We may collect and use technical, diagnostic and usage information to operate, administer, secure, investigate, support and improve the Platform, subject to our Privacy Policy and applicable law.

We may communicate with you electronically using contact details associated with your account or through the Platform.

A notice may be given through the Platform or sent to the most recent contact details you have provided. A notice sent electronically is taken to be received when it is capable of being retrieved by you, subject to applicable law.

Our failure or delay in exercising a right does not waive that right.

If any provision is invalid or unenforceable, it is severed to the minimum extent necessary, and the remaining provisions continue.

These Terms and any documents expressly incorporated by reference constitute the entire agreement between you and us concerning the Platform.

The Platform is intended for use in Australia. We do not represent that it is lawful or appropriate for use in another jurisdiction.

Questions about these Terms may be sent to info@thetradiekit.com.au.

These Terms are governed by the laws of Western Australia, Australia.

You agree and submit to the exclusive jurisdiction of the courts of Western Australia and courts entitled to hear appeals from them.