Terms of Service

Welcome to Tradies Ledger!

Please read these terms and continue by clicking "I Agree" at the bottom.

By accessing and utilizing Tradies Ledger, you agree to adhere to these Terms of Use ("Terms"). These govern your interaction with Tradies Ledger, and unless explicitly stated otherwise, they apply to the Tradies Ledger Service ("Service") outlined below.

The Tradies Ledger Service

When you create an account or use Tradies Ledger, you are accepting these Terms. The Tradies Ledger Service encompasses various products, features, applications, services, technologies, and software provided by us, all designed to fulfill Tradies Ledger's mission.

The Privacy Policy

Your use of Tradies Ledger requires an understanding and agreement with our Privacy Policy. This policy explains how we collect, use, and share information in the Tradies Ledger platform.

Your Commitments

In exchange for our commitment to providing the Service, you are required to make certain commitments:

  1. Eligibility: You must be at least 13 years old (or the minimum legal age in your country) to use Tradies Ledger.
  2. Compliance: You must not violate laws or engage in prohibited activities under applicable laws.
  3. Account Status: Your account must not have been disabled previously for law violations or policy breaches.
  4. No Convictions: You must not be a convicted sex offender.

Usage Restrictions

To ensure a safe and open community, certain usage restrictions apply:

  1. Accuracy: Providing accurate information and not impersonating others.
  2. Lawful Use: No engagement in unlawful, misleading, or fraudulent activities.
  3. Policy Adherence: Strict adherence to these Terms and policies, including the Tradies Ledger Community Guidelines.
  4. Interference: Avoid actions that interfere with the intended operation of the Service.
  5. Unauthorized Access: No attempts to create unauthorized accounts or collect information improperly.
  6. Intellectual Property: Respect for intellectual property rights, including not modifying or reverse engineering our products.

Permissions Granted

As part of our agreement, you grant us certain permissions necessary to provide the Service:

  1. Content License: We don't claim ownership of your content, but you grant us a license to use it for Service provision.
  2. Username and Profile Information: Permission to display your username, profile picture, and related information in connection with ads and sponsored content.
  3. Service Updates: Agreement to download and install updates to the Service on your device.

Additional Rights Retained

We retain additional rights, such as the ability to change your username for appropriateness and retaining rights to content we provide in the Service.

Content Removal and Account Termination

We can remove content violating these Terms or policies, and we reserve the right to terminate accounts for non-compliance. The agreement and certain sections of the Terms persist even after account termination.

Agreement Terms

Our agreement includes adherence to specific guidelines, the resolution of disputes, and updates to Terms. If any part is unenforceable, the rest remains valid, and amendments require written consent.

Dispute Resolution

For consumer claims, applicable laws of your country govern disputes, while non-consumer claims must be resolved exclusively in specific courts. Additionally, Meta Platforms Inc. may bring claims related to unauthorized product engagement.

Unsolicited Material

Feedback or suggestions are appreciated but may be used without restrictions. No obligation exists to compensate or keep them confidential.

Disclaimer of Liability

The use of this web application ("Application") is subject to the following terms. By accessing and using the Application, you agree to be bound by the terms outlined in this Limit of Liability clause.

No Warranties

The Application is provided "as is" and "as available" without any representations or warranties, express or implied. We do not guarantee that the Application will be free from errors, interruptions, or defects.

Limitation of Liability

To the maximum extent permitted by law, Tradies Ledger and its affiliates, officers, employees, agents, and licensors ("the Parties") shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from the use or inability to use the Application.

Exclusion of Consequential Damages:

In no event shall the Parties be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

  1. Your use or inability to use the Application.
  2. Any unauthorized access to or use of our secure servers and/or any personal information stored therein.
  3. Any interruption or cessation of transmission to or from the Application.
  4. Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Application by any third party.
  5. Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Application.

Maximum Liability

The maximum aggregate liability of the Parties for any and all claims arising out of or in connection with the Application shall be limited to the amount paid by you, if any, for the use of the Application.

Allocation of Risk

You agree that the limitations of liability set forth in this clause are reasonable, taking into account the nature of the Application and the associated risks. You acknowledge and accept that without your agreement to these limitations, the availability, or the cost of accessing the Application would be substantially different.

Survival of Terms

The limitations of liability and disclaimers of warranty contained in this clause shall survive the termination or expiration of these terms of use.

Governing Law

This Limit of Liability clause shall be governed by and construed in accordance with the laws of Australia. Any disputes arising from or in connection with this clause shall be subject to the exclusive jurisdiction of the courts of Australia.

By using this Application, you acknowledge that you have read, understood, and agree to be bound by the terms of this Limit of Liability clause. If you do not agree to these terms, please refrain from using the Application.

Severability

If any provision of this contract is held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the other provisions of this contract, and the remaining provisions shall continue in full force and effect. Any invalid or unenforceable provision shall be replaced with a valid and enforceable provision that most closely achieves the intended economic effect and purpose of the invalid or unenforceable provision.

Copyright and Intellectual Property

  1. Ownership:
    • All content and materials provided on this web application, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, are the property of Tradies Ledger and protected by Australian and international copyright laws.
  2. Trademarks:
    • Tradies ledger and other related names, logos, product and service names, designs, and slogans are trademarks or trade dress of Tradies Ledger. You may not use these without the prior written permission of Tradies Ledger.
  3. User-Generated Content:
    • Users may contribute content to the web application (e.g., comments, reviews, submissions). By submitting such content, users grant Tradies Ledger a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
  4. Infringement Notice:
    • Tradies Ledger respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide written notice to our designated copyright agent at info@tradiesledger.com.au, including the following information:
      • A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
      • Identification of the copyrighted work claimed to have been infringed.
      • Identification of the material that is claimed to be infringing or to be the subject of infringing activity.
      • Contact information of the notifier, such as an address, telephone number, or email address.
      • A statement that the notifier has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
      • A statement that the information in the notification is accurate, and under penalty of perjury, that the notifier is authorized to act on behalf of the copyright owner.
  5. DMCA Compliance:
    • Tradies Ledger complies with the provisions of the Digital Millennium Copyright Act (DMCA). Upon receipt of a valid infringement notice, Tradies Ledger will promptly remove or disable access to the allegedly infringing content.

Dispute Resolution and Arbitration

  1. Negotiation and Mediation:
    • In the event of any dispute, claim, or controversy arising out of or relating to your use of this web application or these Terms of Service ("Dispute"), the parties agree to first attempt to resolve the Dispute through good-faith negotiations. If the Dispute cannot be resolved informally within [number of days, e.g., 30 days] from the date one party gives written notice to the other party of the Dispute, either party may initiate mediation.
  2. Mediation:
    • Any Dispute not resolved through negotiation shall be submitted to mediation, or any other mutually agreed-upon mediation service. The parties agree to participate in the mediation in good faith and to share equally in its costs.
  3. Arbitration:
    • If the Dispute is not resolved through mediation, it shall be finally resolved by binding arbitration. The arbitration shall be conducted by a single arbitrator mutually agreed upon by the parties, or if no agreement can be reached, by an arbitrator appointed. The arbitration shall be held in Sydney, NSW, Australia.
  4. Arbitration Procedure:
    • The arbitration shall be conducted confidentially, and any information disclosed during the arbitration shall remain confidential. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The costs of arbitration, including the fees and expenses of the arbitrator, shall be shared equally by the parties, unless the arbitrator determines otherwise.
  5. Exceptions to Arbitration:
    • Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
  6. Governing Law:
    • These Terms of Service shall be governed by and construed in accordance with the laws of the Commonwealth of Australia. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
  7. Class Action Waiver:
    • Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. The parties agree that a party may bring claims against the other only in each's individual capacity and not as a plaintiff or class member in any putative class, collective, or representative proceeding.

Acceptable Use Policy (AUP)

This Acceptable Use Policy (AUP) outlines the terms and conditions governing the use of Tradies Ledger (the "Service") provided by Tradies Ledger ("we," "us," or "our"). Users of the Service ("you" or "users") must adhere to this AUP, the Terms of Service, and all applicable laws and regulations.

Permitted Use:

  • You may use the Service solely for the purpose of reviewing and sharing information about clients who have not fulfilled their payment obligations for construction services provided by you ("Unpaid Clients").
  • You may only submit truthful and accurate information related to Unpaid Clients. Falsifying information, engaging in defamation, or submitting misleading content is strictly prohibited.

Prohibited Use:

You must not use the Service in any way that violates applicable laws or this AUP. Prohibited activities include, but are not limited to:

  1. Illegal Activities:
    • Engaging in any illegal activities, including but not limited to fraud, theft, or any other criminal conduct.
  2. Defamation:
    • Posting false, defamatory, or misleading content about clients, businesses, or individuals.
  3. Harassment:
    • Engaging in any form of harassment, whether through language, frequency, or size of messages.
  4. Unauthorized Access:
    • Attempting to access, interfere with, or compromise the integrity or security of the Service or any data stored therein.
  5. Privacy Violations:
    • Violating the privacy rights of others, including the unauthorized disclosure of personal information.
  6. Abuse of Reviews:
    • Submitting reviews that are malicious, false, or not related to payment disputes with Unpaid Clients.
  7. Commercial Use:
    • Using the Service for commercial purposes other than the intended use of reviewing Unpaid Clients.
  8. Intellectual Property:
    • Infringing upon the intellectual property rights of others, including copyrights, trademarks, or patents.
Consequences of Violation:

Violating this AUP may result in, but is not limited to, the following consequences:

  • Termination of access to the Service.
  • Legal action and pursuit of damages for any harm caused by violations.

Reporting Violations: If you believe someone is violating this AUP, please report the violation to info@tradiesledger.com.au.

Changes to the AUP: We reserve the right to update or modify this AUP at any time without prior notice. Users are encouraged to review this AUP periodically.

By using the Service, you acknowledge and agree to comply with this AUP. Failure to adhere to this policy may result in the termination of your access to the Service.

Indemnity Clause

  1. Indemnification

    You ("Indemnifying Party") agree to indemnify and hold harmless Tradies Ledger ("Indemnified Party"), its officers, directors, employees, agents, and affiliates, from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees and costs, arising out of or in any way connected with your use of Tradies Ledger (the "Service"), any content you submit, post, transmit, or make available through the Service, or your violation of these Terms of Service.

  2. Defamation Indemnity:

    You specifically agree to indemnify and hold harmless the Indemnified Party from and against any claims, damages, liabilities, costs, and expenses, including legal fees, arising out of or related to any defamatory content you post, transmit, or make available through the Service. This includes, but is not limited to, false statements, libel, or any other communication that harms the reputation of individuals or entities.

  3. Conditions of Indemnity:

    • The Indemnifying Party's obligation to indemnify is contingent upon the Indemnified Party promptly notifying the Indemnifying Party in writing of any claim.
    • The Indemnified Party shall have the right to participate in the defense of any such claim, at its own cost and expense.
    • The Indemnifying Party shall not settle any claim without the prior written consent of the Indemnified Party, which shall not be unreasonably withheld.

  4. Limitation of Liability:

    In no event shall the Indemnified Party be liable to the Indemnifying Party for any indirect, consequential, special, incidental, or punitive damages, including but not limited to, loss of profits, business interruption, or loss of data, arising out of or in connection with this indemnity clause.

By using the Service, you acknowledge and agree to comply with this indemnity clause. Failure to adhere to this clause may result in legal action and pursuit of damages.

End User License Agreement (EULA)

  1. Grant of License:

    Licensor

    grants Licensee a limited, non-exclusive, non-transferable, and revocable license to use the Software for the Licensee's personal or internal business purposes. This license is subject to compliance with the terms and conditions of this Agreement.

  2. Restrictions:

    Licensee agrees not to: a. Copy, modify, or distribute the Software or any part thereof; b. Reverse engineer, decompile, or disassemble the Software; c. Circumvent any technological protection measures in the Software; d. Use the Software for any illegal or unauthorized purpose.

  3. Intellectual Property:

    Licensor retains all rights, title, and interest in and to the Software, including all intellectual property rights. This Agreement does not transfer ownership of the Software or any of its components.

  4. Updates and Support:

    Licensor may provide updates, patches, or support for the Software at its discretion. Licensee acknowledges that continued use of outdated versions may result in limited functionality.

  5. Termination:

    Licensor reserves the right to terminate this license at any time if Licensee breaches any term of this Agreement. Upon termination, Licensee must cease all use of the Software.

  6. Disclaimer of Warranty:

    The Software is provided "as is" and without warranties of any kind, whether expressed or implied. Licensor does not guarantee the accuracy, completeness, or suitability of the Software for any particular purpose.

  7. Limitation of Liability:

    Licensor shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected with the use of the Software.

  8. Governing Law:

    This Agreement shall be governed by and construed in accordance with the laws of NSW. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of that jurisdiction.

    9. By using the Software, Licensee agrees to be bound by the terms of this Agreement. If Licensee does not agree to these terms, Licensee must cease using the Software.

Updating Terms

Changes to Service, policies, or these Terms may occur. You will be notified at least 30 days before changes take effect, providing an opportunity to review and accept updated Terms.

Effective Date: January 26, 2024