Terms and Conditions
TradeSearch Australia Pty Limited (ACN 607 446 006) (“we”, “us”, “our”) operate the online platform allowing users (“you” to connect and perform business services to buy and sell goods and services through our website located at www.tradesearchaustralia.com (“Platform”) and through our mobile application.
By using the platform you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the platform.
1. Acceptance of these Terms
- Upon acceptance of these Terms by the user, the Terms are binding and can only be amended with our written consent.
- If you object to any changes to these Terms you may immediately:
- Discontinue accessing and using the platform; and/or
- Terminate your user account in accordance with these Terms.
2. License to use the platform
- We grant you a non-exclusive, worldwide, non-transferable license to use the platform in accordance with the terms and conditions set out in this Agreement.
- You must not add any content to the platform:
- unless you hold all necessary rights, licenses and consents to do so;
- that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
- that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
- that would bring us, or the platform, into disrepute; or
- that infringes the intellectual property or other rights of any person.
- You acknowledge and agree that:
- we retain complete editorial control over the platform and may alter, amend or cease the operation of the platform at any time in our sole discretion; and
- the platform will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
3. Intellectual Property Rights
- Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the platform.
- You must not reproduce, adapt, upload to a third party, link to, frame, perform in public, distribute or transmit in any form by any process without our specific written consent, which may be withheld in our sole discretion.
- By posting or adding any content onto the platform, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and license to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
- You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
- The license in clause 2.3 will survive any termination of these Terms.
- You represent and warrant to us that you have all necessary rights to grant the licenses and consents set out in clauses 3.2 and 3.3.
4. Advertisements and Promotion
- The platform may contain links to other third party websites as well as content added by people other than us. We do not endorse, sponsor or approve any such content or any content available on any linked website and do not make any representations or warranties regarding the availability, correctness, accuracy, performance or quality of any linked website.
- Your correspondence or business dealings with, or participation in promotions of, advertisers other than us found on or through the platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third party advertisers on the platform.
- We may receive payments and/or commissions for making the third party website links available on our platform.
- You represent and warrant to us that you:
- have the legal capacity to enter these Terms;
- will maintain the security and confidentiality of your account, login details, password and identification; and
- will provide, or have provided, and will maintain and promptly update information that is accurate, current and complete in relation to your account.
- You acknowledge and agree that we do not make any representations or warranties, express or implied:
- in relation to the truth, accuracy, reliability, adequacy or completeness of material on the platform;
- that your access to the platform (including any third party applications or payment platforms on the platform) will be, timely, secure, uninterrupted and/or error-free;
- that any defects on the platform will be corrected; and/or
- that the platform or the server which stores and transmits the platform to you is free from viruses or any other harmful components.
- To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
- To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
- Despite any other term and to the maximum extent permitted by law, we will not bear any liability to you for direct or indirect consequential loss including loss of profits, loss of business opportunities or loss of goodwill howsoever arising (including in negligence).
- These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
- to the supply of the services again; or
- to make payment of the cost of having the services supplied again.
- Without limitation to the foregoing, you agree that our maximum liability to you (if any) arising out of any kind of legal claim or action in any way connected to the platform is limited to $100.00.
- These Terms terminate automatically if, for any reason, we cease to operate the platform.
- We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.
- You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.
- If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
- Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
- This Agreement is governed by the laws of New South Wales and each party submits to the jurisdiction of the courts of New South Wales.