Terms And Conditions

Website

Terms and Conditions

1.

Definitions

Local Trades means Local Trades Pty Ltd ACN 623 502 116 trading as localtrades.com.au or any of its subsidiaries.

Service Providers means persons who advertise their trade services on Local Trades’ website.

Users means persons who access Local Trades’ website to search for and engage with Service Providers.

2.

Users agree to be bound

2.1.

By accessing or using Local Trades’ website, the User agrees to be bound by these terms and conditions of use (and any other notices on Local Trades’ website) as amended from time to time.

3.

About Local Trades

3.1.

Local Trades publishes or makes available on Local Trades’ website, information, advertisements and service offers (Material). The Materials are provided by third parties. Local Trades does not warrant, represent, authorise or endorse the reliability, accuracy or completeness of any Material published on Local Trades’ website or any website that links from Local Trades’ website.

3.2.

Local Trades’ does not provide any warranty in relation to any services for offer on Local Trades’ website by third parties including, but not limited to, any representation or warranty that the services are as described by the Service Provider.

4.

Services provided by third parties

4.1.

By using Local Trades’ website, Users will accept the following in relation to Materials posted on Local Trades’ website by third parties:

(a)

Users of Local Trades’ website are responsible for making all relevant searches, enquiries and investigations in relation to any services on Local Trades’ website;

(b)

Local Trades does not act as any person’s agent or broker, arrange any contract between Users and Service Providers or provide any warranty in relation to any person’s services;

(c)

Local Trades will not be responsible for the terms of any transaction between Users and Service Providers, any services purchased by the User from any person or for resolving any disputes between Users and Service Providers; and

(d)

Local Trades may augment information provided by Service Providers. Whilst Local Trades request that Service Providers check this information, it may be possible for the information to be inaccurate. Local Trades strongly recommends that Users check with Service Providers that all information in relation to their services are accurate.

5.

Personal and non-commercial use only

5.1.

Use of Local Trades’ website is for personal and non-commercial use only. Except for the Material held in a personal computer cache or single permanent copy of the Material for personal use, Users must not, without the prior written approval of Local Trades:

(a)

modify, copy, distribute, transmit, display, perform, reproduce, publish or license any Material;

(b)

use or attempt to use any Material published on Local Trades’ website to create any website or publication or searchable database;

(c)

mirror or frame any website or page within Local Trades’ website;

(d)

use any automated process of any sort to query, access, retrieve, scrape, data-mine or copy any Material on Local Trades’ website or generate or compile any document, index or database based on the Material published on Local Trades’ website;

(e)

transfer or sell any information, functionality or products or services offered on Local Trades’ website; or

(f)

undertake any other action which is in violation of these terms and conditions (or other terms and conditions and policies referred to in these terms and conditions) or any applicable law.

5.2.

If Local Trades considers, in its absolute discretion, that the User or any party related to the User (including any agent, representative, contractor or associate) has acted contrary to these terms and conditions or in a manner contrary to Local Trade’s interests, then Local Trades may terminate the User’s right to access and use Local Trades’ website at any time and reserves its rights to take any action it deems necessary or desirable to prevent such repeated action and/or further access to Local Trades’ website.

6.

User responsible for use of Local Trades’ website

6.1.

Whilst Local Trades takes care to ensure that the Material on Local Trades’ website is correct, current and free from errors, Local Trades does not warrant the accuracy or completeness of or the representations made in the Material on Local Trades’ website or any website that links from Local Trades’ website or any information received as a result of using Local Trades’ website. The User is responsible for assessing the accuracy of the Material and relies on it at their own risk.

6.2.

The services and Material made available on Local Trades’ network are provided as general information only. The services and Material are not professional, expert or other advice and are not a substitute for such advice, may not be appropriate, correct or sufficient for the User’s circumstances, should not be relied on as the only reason the User does or does not do anything and may not be continually accessible or free from errors or viruses.

6.3.

Users agree to indemnify Local Trades against any liability, loss, claim or demand if Local Trades (or any of its officers, representatives, employees or agents) suffers any loss or damage or incurs any cost in connection with a breach by the User (or any of its officers, representatives, employees or agents) of these terms and conditions.

6.4.

Users must keep their usernames and passwords to access Local Trades website secure and confidential and not provide those details to any third party under any circumstance. Users represent and warrant to Local Trades that they accept all liability for any unauthorised use of any username and password issued to them.

7.

Liability and indemnity

7.1.

Other than as set out in this clause and to the full extent permitted by law, all rights, remedies, conditions, guarantees and implied and express warranties in respect of any services provided by Local Trades are excluded.

7.2.

To the full extent permitted by the law, Local Trades will only be liable to the User:

(a)

pursuant to any guarantee, right or contractual term that arises, is created or is implied by operation of law and that cannot be excluded, provided that, to the full extent permitted by law, any such liability of Local Trades is limited, in Local Trade’s opinion to:

(i)

supplying the relevant services again; or

(ii)

paying the cost of supplying the service again.

(b)

Local Trades is excluded of all liability if the User’s claim arises from or in connection with any deliberate breach of these terms and conditions or fraud by Local Trades.

7.3.

Subject to Clause 7.2 and except to the extent that liability cannot be excluded, Local Trades will not be liable to the User for claims arising out of or in connection with the User’s access and use of Local Trades’ website whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute.

7.4.

To the full extent permitted by law, Local Trades will not be liable to the User for loss of use, production, profit, revenue, business, data, anticipated savings or for delay in any performance in services or increases in service costs or any economic loss for any indirect or consequential loss or damage.

7.5.

For the purposes of this section, the term Local Trades means Local Trades, its officers, employees, contractors and agents, whether individually or collectively.

7.6.

These terms and conditions will survive the expiration or termination of this agreement.

8.

Copyright, Trademarks and Licence

8.1.

Material on Local Trades’ website is protected by Australian and international copyright and intellectual property laws. All rights not expressly granted under these terms and conditions are reserved by Local Trades. Unless otherwise indicated on Local Trades’ website, the Material on Local Trades’ website is owned by or licensed to Local Trades and is subject to copyright (the Copyright Material).

8.2.

The User may:

(a)

only copy or reproduce the Copyright Material for the purpose of browsing Local Trades’ website or making a copy for the User’s own personal, private or research use, provided that such use constitutes fair use under the Copyright Act; and

(b)

not alter or modify the Copyright Material in any way or remove any legal notice associated with it.

8.3.

Local Trades and other names of Local Trades’ products and services referenced below are trademarks or registered trademarks of Local Trades. Other product and company names mentioned on Local Trades’ website may be the trademarks of their respective owners. Nothing displayed on Local Trades’ website should be construed as granting the User any intellectual property rights including the right to use any trademark, without Local Trades’ (or the relevant owner’s if applicable) express written consent.

8.4.

In consideration of Local Trades allowing the user to access and use Local Trades’ website, the User grants to Local Trades a non-exclusive, payment free, perpetual, irrevocable licence to reproduce, modify, delete, adapt and publish any material the User posts, uploads or otherwise transmits via Local Trades’ website and to sub- licence the same such purposes as Local Trades determines from time to time. The User warrants that:

(a)

the User has all necessary rights in the content that the User contributes;

(b)

the content is not defamatory;

(c)

that the content does not infringe any law;

(d)

the User indemnifies Local Trades, its officers, agents and contractors against any liability, loss, claim or demand arising out of or in respect of a breach of the above warranty; and

(e)

the User waives any moral rights the User may have in relation to the material that the User transmits via Local Trades’ website.

9.

Communication services

9.1.

Local Trades may provide the User with the ability to communicate with Local Trades, Service Providers, advertisers and other Users of Local Trades’ website through agreements, online forms, IVR, requests and enquiries, bulletin boards, blogs, competition entries, online forums, inbound phone number services and other forms of electronic messaging (Communication Services).

9.2.

The User acknowledges that Communication Services may be public and not private communications. Further, the User acknowledges that Communication Services may be collected, stored and scanned by Local Trades. The User should not however, consider Communication Services to have been reviewed, screened or approved by Local Trades.

9.3.

Use if the Communication Services is provided on the condition that the User does not do any of the following:

(a)

transmit any information or material that is knowingly incorrect, misleading or deceptive;

(b)

transmit any defamatory, infringing, obscene, indecent or unlawful information or material or information;

(c)

transmit spam, chain letters, contests, junk mail, surveys or other mass messaging;

(d)

use the Communications Services for any unlawful purpose;

(e)

post or upload files that contain software or other material or information in breach of any person’s intellectual property or privacy rights;

(f)

upload files that contain viruses, corrupted files, worms, defects or any other similar software or programs that may damage the operation of another’s computer or damage any of Local Trades’ infrastructure;

(g)

delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;

(h)

advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters other than as approved by Local Trades;

(i)

download any file posted by another use of the Communications Services that the User knows or reasonably should know, is unlawful or contrary to these terms and conditions;

(j)

excessively use the Communications Services in a manner which may hinder or prevent Local Trades from providing services to any other persons or which may threaten the integrity or use by any person of the Local Trades network; or

(k)

authorise, aid, abet, encourage or incite any person to do the above acts.

9.4.

Local Trades may, but has no obligation to, review the use of the Communication Services by the User and in its absolute discretion may delete, edit, refuse to post or remove in whole or part any information or material uploaded or posted using the Communications Services.

10.

Specific terms

10.1.

Law governing these terms and conditions

These terms and conditions are governed by and are construed in accordance with the laws of Western Australia. Users irrevocably submit to the exclusive jurisdiction of the courts of Western Australia.

10.2.

Varying the terms and conditions

(a)

Local Trades’ may at any time and in its absolute discretion, modify or amend the terms and conditions upon which services are advertised and supplied, including such modifications or amendments in these terms of use and publishing them on Local Trades’ website. Such modifications will be binding on the User once displayed on Local Trades’ website. The User should regularly check the terms and conditions displayed on Local Trades’ website.

(b)

Local Trades may cease to provide the User with access to Local Trades’ network or any of its services without notice.

(c)

All rights not expressly granted are reserved.

Reward Vouchers

Terms and Conditions of Use

1.

Definitions:

In these Terms and Conditions of Use:

Expiry Date means the date of the Reward Voucher, after which, any remaining funds on a Reward Voucher will not be available for redemption. Reward Vouchers, have a 24 month expiry date after the date of issue.

Local Trades means Local Trades Pty Ltd ACN 623 502 116 trading as localtrades.com.au or any of its subsidiaries (all of which are referred to as Local Trades)

Reward Voucher/Credit/Reward means the reward vouchers issued by Local Trades or traders affiliated with Local Trades.

Website means localtrades.com.au

A reference to "we", "us", or "our" is a reference to Local Trades.

A reference to "you" or "your" is a reference to the person who is taken to agree to these terms and conditions under clause 2.

2.

Agreeing to the terms and conditions

2.1.

These Terms and Conditions of Use apply to all Local Trades Reward Vouchers.

2.2.

You agree to be bound by these terms and conditions by activating, using, or attempting to use a Reward Voucher or by making a transaction enquiry or exercising any right to redeem value loaded on a Reward Voucher.

2.3.

If you are giving a Reward Voucher to another person, you should ensure that he or she is aware of the terms and conditions that apply to the Reward Voucher and the relevant expiry date of the Reward Voucher.

3.

Issuing of Reward Vouchers

Reward Vouchers may be issued by Local Trades or traders affiliated with Local Trades when you hire or review a trader.

4.

Redeeming your Reward Voucher

4.1.

Reward Vouchers can be redeemed for goods and services provided by participating Local Trades traders.

4.2.

If you wish to use Reward Vouchers to pay for the cost of services, you must inform the trader when you are provided with a quote for the trader’s services.

4.3.

On each job, you can use Reward Vouchers to pay for up to a maximum of 10% of the total costs of the job.

4.4.

Reward Vouchers should be treated as cash. They cannot be replaced if lost or stolen. Once activated, Reward Vouchers may only be used for purchasing goods and services provided by participating Local Trades traders. Reward Vouchers cannot be returned, exchanged for cash.

4.5.

The available funds can be verified on request or at time of purchase or online. No change is given and any balance that remains only be used in whole or part against future purchases of Local Trades.

4.6.

Reward Vouchers expires 24 months after purchase. Any balance that remains on the Reward Voucher after expiry will not be available for use.

4.7.

Resale of Reward Vouchers is strictly prohibited, except with our prior written consent from Local Trades. If approved, Reward Vouchers cannot be re-sold for more than the original purchase price.

4.8.

Your use of the Reward Voucher with a Local Trades trader is subject at all times to the policies (and, where applicable, other terms and conditions) of Local Trades regarding the goods and services made available by it.

4.9.

Where the price of the goods or services being purchased with the Reward Voucher exceeds the Reward Voucher balance, you must pay the amount exceeding the Reward Voucher balance by an alternative payment method at the discretion of Local Trades trader.

5.

Balance enquiries

You can check your Reward Voucher balance at localtrades.com.au. No change is given and any balance that remains on the Reward Voucher can only be used in whole or part against future purchases with Local Trades traders. Any balance that remains on the card after expiry will not be available for use.

6.

Relationship with Local Trades Limited

6.1.

Reward Vouchers may be used as personal or business gifts, but must not be used in connection with any marketing, advertising or other promotional activities (including without limitation in websites, internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) unless you obtain our prior written approval from Local Trades.

6.2.

Use of our name or brands, or any names and logos of Local Trades (other than in connection with the purchase or use of Reward Vouchers), is strictly prohibited without prior consent of Local Trades.

7.

Changes to Terms and Conditions of Use

We reserve the right to change any of the terms contained in these Terms and Conditions of Use at any time where the change is required for any reason and agree to provide you with at least 30 days notice of such changes. We will give you notice by posting the changes on localtrades.com.au/vouchers/terms.

8.

Limitation of liability

You have certain rights under the Australian consumer legislation which cannot be excluded and are not affected by these terms and conditions. Except for those statutory rights, any conditions implied by any other laws are excluded from these Terms and Conditions of Use. To the maximum extent permitted by law, we will not be liable to you for any loss or damage (whether direct, indirect or consequential) howsoever caused, nor will we be in default under these Terms and Conditions of Use, for failure to observe or perform any of our obligations under these Terms of Use for any reason or cause except if caused by our gross negligence. To the extent permitted by law, if we are liable to you, our maximum aggregate liability to you is limited to the remaining balance on your Reward Voucher.

9.

Applicable law

These Terms and Conditions of Use are to be construed and enforced in accordance with the laws of Western Australia. Any dispute in connection with a Reward Voucher is exclusively subject to the jurisdiction of the courts of Western Australia.

Workmanship Guarantee

Terms and Conditions

The Workmanship Guarantee issued by Local Trades traders is subject to the terms and conditions set out below:

1.

The guarantee applies only to prescribed work undertaken by traders who participate in the Local Trades’ workmanship guarantee scheme.

2.

The guarantee will be for a maximum amount of $1,000 or $3,000, depending on the guarantee offered by the trader. The guarantee amount offered by each trader is shown on Local Trades’ website.

3.

Where a consumer is dissatisfied with the standard of workmanship, the consumer must first try to resolve the issue by contacting the Local Trade’s members who performed the work.

4.

If the consumer is unable to resolve the issue with the Local Trade’s member and provides a written complaint to Local Trades, Local Trades will investigate and provide the consumer with a written assessment of the quality of workmanship and advice as to whether or not further work is required to complete or remedy the work. Local Trades undertakes to investigate the matter fairly to achieve a satisfactory outcome for the consumer.

5.

If the complaint is upheld, Local Trades may, in its discretion, seek to have any work remedied by the original contractor or another nominated member as per the terms and conditions. If the claim is not upheld, Local Trades will inform the claimant and the member of the outcome and the claim will be closed. The decision of Local Trades is final and no further appeals will be considered.

6.

This Guarantee does not extend to:

(a)

occurrences that would normally be indemnified under usual householders’ insurance, professional indemnity, public liability insurance held by the member or any other forms of insurance;

(b)

unpaid contracts;

(c)

disputes under the Construction Contracts Act 2004 (WA); and

(d)

any claims that have already been lodged with any statutory bodies as these are already subject to legal process.

7.

The Guarantee does not cover work or alterations carried out subsequently by other parties to the original contractor’s work to complete or extend the original project scope.

8.

Any claim under the Guarantee must be brought within 30 days from the date of completion of contract work.

9.

Any claim under this Guarantee shall include such supporting documentation as Local Trades shall reasonably require, including a copy of the contract if one has been formally entered into.

10.

Inspection report findings and any recommendations provided are the opinions of Local Trades’ assessor(s), made to the best of their knowledge, experience and on information supplied by both parties. The report findings and any recommendations are to be used only by the consumer for the purposes of this claim procedure and may not be relied upon by any other person or used for any other purpose.

11.

Neither Local Trades nor its assessor(s) or its employees accept any liability for the opinions provided therein. If, as a consequence of the consumer using these materials in an unauthorised way, Local Trades or any such other person suffers a cost, loss or liability, the consumer will to the fullest extent indemnify Local Trades or that person for that cost, loss or liability.

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