Terms & Conditions

 

By using this website, you agree to be bound by the following terms and conditions:

1.  Binding terms and conditions

These terms and conditions are contractually binding and constitute the complete terms and conditions which govern your use of the Site and the Service.

2.  Warranties and acknowledgments

2.1 You warrant that:

  1. You are over the age of 18 years of age or are a duly incorporated body corporate;
  2. You have authority to enter into and perform all of your obligations under these terms and conditions;
  3. any Content provided by you:
    1. will be true, correct and not misleading;
    2. will not be:
      1. defamatory, fraudulent, tortious, or threatening;
      2. harmful (including but not limited to viruses, corrupted files, or any other similar software or programs);
      3. disparaging or deprecating of the Service, TradeCall 24/7 or other Users;
      4. in breach of any Statute; or
      5. otherwise objectionable; and
    3. will not infringe the Intellectual Property Rights or any other right of any person or constitute a breach of any agreement which you or any of your Associates may have with any other person;

2.2 You acknowledge and agree that:

  1. You will not reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site, without express written permission by us.
  2. The Site and the Service are each provided on an ‘as is’ basis and you accept all risk associated with access to the Site and the use of the Site and otherwise of, or in connection with, the Service.
  3. TradeCall 24/7 does not guarantee that the Site will be error free or that the Site or the server that operates it are free of Viruses or other harmful components.
  1. Your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
  1. TradeCall 24/7 may provide links to websites that are not operated by TradeCall 24/7. TradeCall 24/7 is not responsible for the content or privacy practices of those companies and you should read the individual privacy policies before disclosing any personal information.  Complaints, claims, concerns or questions regarding third-party products should be directed to the third-party.
  1. TradeCall 24/7 is not responsible if information made available on the Site is not accurate, complete or current. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on the Site is at your own risk.
  1. The Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. TradeCall 24/7 reserves the right to modify the contents of the Site at any time, but has no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.

3.  Grant of Rights

You hereby grant to TradeCall 24/7 a worldwide, royalty and fee-free, perpetual, irrevocable, fully sub-licensable, non-exclusive right to use, reproduce, modify, transmit, distribute, perform, display and delete Your Information and/or to incorporate Your Information in other works in any form, media or technology now known or which may be later developed.

4.  TradeCall 24/7’s Reservation of Rights

TradeCall 24/7 reserves the right to:

  1. refuse Service to anyone for any reason at any time;
  2. modify or discontinue the Site and/or the Service at any time without notice or liability to you;
  3. amend any policy or procedure related to the Site and/or the Service (including, without limitation, the Privacy Policy) at any time and without notice or liability to you;
  4. cooperate with any law enforcement authority and to act in accordance with any of their directions or requests; and
  5. remove or restrict access to Content made available as part of, or in connection with, the Service if ordered to do so by a court or if TradeCall 24/7 considers such Content to be in violation of these terms and conditions or posted rules or policies, including Content TradeCall 24/7 considers to be in breach of the warranty provided by you pursuant to clause 2 of these terms and conditions.

5.  Your obligations:

You must not:

  1. tamper with, modify or alter or attempt to tamper with, modify or alter any Content other than to make Reviews as part of the Feedback System;
  2. gather or use any User’s information available as part of, or in connection with the Service, including without limitation, the names, phone numbers or email addresses, for any commercial or business purposes (other than as part of, or in connection with the Service) or to transmit any unsolicited advertising, “junk mail”, “spam” or “chain letters”;
  3. frame or link the Site without the prior written consent of TradeCall 24/7;
  4. release or otherwise make available any publicity, promotional or advertising material or any other information concerning the Site or the Service, without the prior written consent of TradeCall 24/7;
  5. post, email, transmit or otherwise make available any Content which:
    1. is in breach of the warranties made by you set out in clause 2; or
    2. contains any defects or Viruses;
  6. use any Crawl Code in accessing the Site or relation to or in connection with it;
  7. decompile, reverse engineer or disassemble any software, device or other processes forming part of, or used in connection with, the Site or transmit any worms or viruses or any code of a destructive nature; or
  8. use any Content contained on the Site without the prior written consent of TradeCall 24/7.

6.  Relationship with Tradespersons

  1. You acknowledge that your correspondence with Tradespersons, including the agreement to provide and the provision and receipt of goods or services the subject of a job booked through the Site, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Tradesperson.
  2. You acknowledge and agree that TradeCall 24/7:
    1. is a booking service only and is not directly involved in any transaction which you may decide to enter into with a Tradesperson;
    2. cannot and does not confirm the identity of any Tradesperson or other User, their backgrounds or credit-worthiness or their ability, competence or willingness to provide services to you;
    3. is not a party to any agreement or arrangement between you and any Tradesperson in relation to the provision of services to you or otherwise; and
    4. is not liable for any loss or damage of any sort incurred as the result of any such dealings with a Tradesperson.

7.  Liability upon booking

By booking a job through the Site you have committed to engaging a Tradesperson to attend your emergency electrical or plumbing situation.  You agree to accept the Tradesperson dispatched by TradeCall 24/7 and you are liable for the Fixed Fee immediately upon booking.

A Tradesperson will arrive at the address nominated by you within the approximate period of time advised by TradeCall 24/7.  Once a booking has made, you are liable for the full Fixed Fee, even if the cause of the problem is found to be a minor fault or if the “self-help” questions on the Site have been answered incorrectly (whether intentionally or otherwise).

If the client booking the job through TradeCall 24/7 is a tenant and has nominated the property manager to pay the fee but the cause of the fault or emergency is found to be due to the tenant’s appliance, negligence, or malicious damage, then the tenant may be held liable for full or partial costs at the discretion of the landlord or real estate property manager.

8.  Products, Services and Price

  1. Fixed Fee Service

For the Fixed Fee:

  1. TradeCall 24/7 will aim to have a Tradesperson at the site nominated in the booking request within 2 hours of the booking request being received through the Site; and
  1. The Tradesperson will attend for a maximum of 45 minutes, during which time he/she will either complete repairs, or make safe/rectify faults, breakdowns or address any emergency situations.
  2. TradeCall 24/7 is available to residential customers and sites only.
  1. Additional Service by Tradesperson
  1. If the fault will take longer than 45 minutes to rectify, or specialised parts or materials are required, the Tradesperson on site will inform the client. The client can then elect to:
    1. allow the Tradesperson to complete the task immediately (in which case the client will be charged for the remaining work at the Tradesperson’s charge rate applicable to the time and day);
  1. request the Tradesperson to come back during business hours to complete the task (in which case the client will be charged for the remaining work at a day hourly rate, but will not be charged a call out fee for the return visit); or
  1. have their own contractor attend to complete the works at their own cost.
  1. The Tradesperson will provide his/her contact details, and the client must deal directly with the Tradesperson to arrange and pay for any services in addition to the Fixed Fee Service.
  1. Materials

Materials used are charged extra to the Fixed Fee.  By booking a job though TradeCall 24/7, the client accepts this pricing and there will be no exception made, nor will there be any discounts, money back or credits if the client finds the materials at a cheaper price.

  1. Prices subject to change

The Fixed Fee and any other prices for the Service, a Tradesperson or materials supplied are subject to change without notice. TradeCall 24/7 will not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service or a Tradesperson or materials supplied pursuant to the Service.

      5. Cancelling a Service

If the client needs to cancel the job after they have booked the job and our Tradesperson is on the way or has arrived at the site, the client will be liable for 50% of the fee.  The refunded fee will be refunded on the next business day between business hours.

9.  Reviews, Comments, Feedback and other Submissions

  1. TradeCall 24/7 seeks clients to review, provide feedback and rate our Service. If you provide any such content, with or without request, you grant TradeCall 24/7 and its affiliates a right to use, display, translate, modify and reproduce any of the above throughout the world in any media form.  We are and shall be under no obligation to (1) maintain any comments in confidence; (2) pay compensation for any comments; or (3) respond to any comments.
  1. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these terms and conditions.
  1. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.  You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.  You are solely responsible for any comments you make and their accuracy.  We take no responsibility and assume no liability for any comments posted by you or any third-party.

10.  Your Password

You acknowledge and agree that TradeCall 24/7 is entitled to assume that any person using the Service with your name and details is you or is authorised to act for you.

11.  Privacy

Our Privacy Policy is incorporated in these terms and conditions by reference.

12.  Suspension and Termination

A breach or violation of any of these terms and conditions will result in an immediate termination of your Services.

Without limiting TradeCall 24/7’s other remedies, TradeCall 24/7 may:

  1. temporarily suspend;
  2. indefinitely suspend; or
  3. terminate,

your right to access the Site and/or use the Service or any part of it, and refuse to provide any services to you, for any reason, in its absolute discretion.

If your right to access the Site is temporarily or indefinitely suspended or terminated, you must not continue to use the Service whether under the same name or under any other name.

13.  Threats

If TradeCall 24/7 or a Tradesperson has had threats, forms of violence, abuse made towards them and/or non-payment, then the address and/or name of the client will be prohibited from booking another job through the Site.  This will mean that no job will be able to be processed and finalised. A ‘ban’ will only be lifted in TradeCall 24/7’s absolute discretion by its written consent.

14.  Inability to fulfill obligations

Sometimes there may be unforeseen events that may cause a Tradesperson dispatched by TradeCall 24/7 to be unable to respond within the nominated 2 hour period.  For example, this may include but is not limited to extreme weather, natural disasters or car accidents.

In this situation, the client will be notified as soon as possible and can either:

  • accept the delay, and a Tradesperson will be there as soon as reasonably possible; or
  • have the booking cancelled free of charge.

In the event of natural disasters or violent weather conditions, some services may be unavailable, and our Tradespersons will not be made to perform duties that put them at risk, such as climbing a roof in an electrical storm or severe weather.  If such events occur, then we will do our best to rectify the situation if it is safe to do so, but may need to re-attend once the conditions have eased and it is safe for us to perform the task.

15.  Errors, inaccuracies and omissions

Occasionally there may be information on the Site or in the Service that contains typographical errors, inaccuracies or omissions that may related to product descriptions, pricing, promotions, offers, service delivery times.  We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any relates website, including without limitation, pricing information, except as required by law.  No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

16.  Prohibited Uses

In addition to other prohibitions as set forth in the terms and conditions, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.  We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

17.  Implied Terms

  1. To the maximum extent permitted by law, all terms, conditions and warranties in relation to the Service (including, without limitation, the Site), other than expressly stated in these terms and conditions, whether express or implied, are hereby expressly negatived and excluded.
  2. Where any legislation implies in these terms and conditions any condition or warranty and that legislation avoids or prohibits provisions in a contract excluding or modifying the application or exercise of, or any liability under, such condition or warranty, the condition or warranty will be deemed to be included in these terms and conditions, subject to clause 18.

18.  No reliance

You acknowledge and agree that TradeCall 24/7 has not provided any warranty or representation that:

    1. the use of the Site or other components of the Service:
      1. will not infringe or otherwise violate the rights (including Intellectual Property Rights or Moral Rights) of any person; or
      2. will not constitute a misuse of any person’s confidential information;
    2. the Site or other components of the Service will meet your requirements;
    3. the Site or other components of the Service does not contain any defects or Viruses;
    4. the operation of the Site or other parts of the Service will be error free;
    5. there are no defects, faults or malfunctions in, or associated with, Site or other parts of the Service;
    6. the Site and other parts of the Service will be operative at all times; or
    7. the Site and other parts of the Service will detect or correctly identify and/or disinfect any threats, applications (whether malicious or otherwise) or any other components.

19.  Limitation of Liability

You hereby acknowledge and agree that:

  1. To the extent permitted by law, TradeCall 24/7’s liability in relation to the Service and any goods supplied or services performed by a Tradesperson booked through the Service is limited to the lesser of:

(a) the replacement of any faulty product or service to a satisfactory level;  and

(b) the price paid by you to TradeCall 24/7.

  1. TradeCall 24/7, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors will not be liable for any direct or incidental loss, injury, claim, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, loss of anticipated savings results from your access to, or use of, or inability to use the Site and the content and the Service.
  2. You have not relied on any representation made by TradeCall 24/7 which has not been stated expressly in these terms and conditions or upon any descriptions, illustrations or specifications contained in any document or publicity material produced by TradeCall 24/7.
  3. To the extent TradeCall 24/7 has made any representation which is not otherwise expressly stated in these terms and conditions, you have been provided with an opportunity to independently verify the accuracy of that representation.

20.  Indemnity

You hereby indemnify and agree to keep indemnified TradeCall 24/7 against any Losses incurred by TradeCall 24/7, arising directly or indirectly, in respect of:

  1. any breach by you of these terms and conditions or by any person on your behalf;
  2. any fraud or wilful misconduct of you, or your Associates, under or in connection with this agreement causing Liability;
  3. any wrongful act on your part or on the part of any of your Associates (including without limitation any actionable tortuous act (including, without limitation any action for negligence), any breach by you, or any of your Associates, of any Statute or any legal or equitable wrong on your part, or on the part of any of your Associates;
  4. any infringement or alleged infringement of TradeCall 24/7 or a third party’s Intellectual Property Rights by you or any of your Associates;
  5. any of the warranties given by you under clause 2 proving to have been false, misleading or inaccurate when made;
  6. personal injury, death or loss of or damage to real or tangible personal property caused by you or any of by any of your Associates; or
  7. any loss or damage caused to TradeCall 24/7’s computer system or data or to the computer systems or data of other Users

which loss or damage is caused by, results from, arises out of, relates to or is connected with, (whether directly or indirectly) your access to, or use of, the Site or the Service or any access to, or use of, Site or the Service by a third party which use or access is authorised, or assisted, by you.

21.  Notices

You acknowledge and agree that:

  1. TradeCall 24/7 may provide notices by posting them on the Site and you agree to check the Site for notices;
  2. you also authorise TradeCall 24/7 to send notices to you, at TradeCall 24/7’s absolute discretion, via email or SMS;
  3. regardless of whether TradeCall 24/7 sends an email notification, you will be considered to have received a notice when it is made available to you by posting on the Site;
  4. TradeCall 24/7 and/or a Tradesperson may communicate with you via mobile telephone or email, and it is your responsibility to ensure details provided are current and correct.

22.  No merger

The rights and obligations of the parties in respect of representations, warranties, undertakings and indemnities in this Agreement will be continuing representations, warranties, undertakings and indemnities and accordingly will not be merged or extinguished except on termination of this Agreement.

23.  Governing law

This Agreement shall be governed by and construed in accordance with the law from time to time in the State of South Australia and the Parties agree to submit to the non-exclusive jurisdiction of the courts of South Australia and the courts which hear appeals from them.

24.  Severability

If any provision of this Agreement is invalid and not enforceable in accordance with its terms, all other provisions which are self-sustaining and capable of separate enforcement without regard to the invalid provision, shall be and continue to be valid and forceful in accordance with their terms.

25.  Entire Agreement

This agreement shall constitute the sole understanding of the Parties with respect to the subject matter and replaces all other agreements with respect thereto.

26.  Definitions and Interpretation

  1. In these terms and conditions, unless the context otherwise requires:

Associates means, in relation to a person, the employees, officers, directors, representatives, agents and contractors (including sub-contractors) of that person and of any Related Entity of that person (if any).

Content means any information, text, graphics, files, links, or other materials of any nature whatsoever and includes, without limitation, Reviews.

Corporations Act means the Corporations Act 2001 (Cth).

Crawl Code means any manual or automated code, software, devise or other process which ‘crawls’, ‘spiders’ or ‘screen scrapes’;

Customer means any person to whom services are provided by a Tradesperson as a result of, or in connection with, the Service.

Fixed Fee means the fee, as listed on the Site from time to time, payable for the Fixed Fee Service.

Fixed Fee Service means the service as described in clause 8 (and which may be amended by TradeCall 24/7 at any time).

Intellectual Property Rights means statutory and other property rights in respect of trademarks, patents, circuit layouts, copyrights, confidential information.

Liability includes Losses.

Losses means claims, losses, liabilities, damages, costs and expenses of any kind (including, without, legal fees on a full indemnity basis), including those which are prospective or contingent and those the amount of which is not ascertained or ascertainable.

Privacy Policy means TradeCall 24/7’s privacy policy which is available from the Site.

Related Entity has the meaning given to it in the Corporations Act.

Review means review, criticism, opinion or observation.

Service means the service operated by TradeCall 24/7, being a user interface for booking a Tradesperson, and includes the Site.

Site means the website www.TradeCall247.com.au and the TradeCall247 App.

Tradesperson means any person, whose services are advertised, promoted or referred to as part of the Service or whose services are accessed as a result of, as part of, or via, the Service.

User means any person who accesses or uses the Site.

Viruses means any viruses, time-bombs, back doors, trojan horses and any other form of malevolent or defective code or similar items.

Your Information means Content which you provide as part of, or in connection with the Service.

 

 

 

Make a Booking

Paypal and all major credit card accepted