Welcome to TradeSnap! We are a web-based service connecting customers with service providers

seeking for quality service on their home building, repair and renovation needs.

WHAT PARTS OF THESE TERMS APPLY TO ME?

This agreement governs your use of the TradeSnap mobile application (App) and any other services made

available through the App. By using the App, you agree to be bound by this agreement which forms a

binding contractual agreement between you, the User, and us, Bluecorp Holdings Pty Ltd ABN 21 665 486

626 operating under the business name TradeSnap (TradeSnap, TradeSnap, we or us).

The remainder of this agreement is divided into three parts:



Part A (All Users), which sets out terms that apply to all Users;

Part B (Service Providers), which sets out additional terms that apply to Service Providers, being

qualified trade professionals; and



Part C (Customers), which sets out additional terms that apply to Customers, being users who

are seeking for trade services from a qualified trade professional.

If you intend to use the App as a Service Provider, only Part A and Part B of these terms will apply to you.

If you intend to use the App as a Customer, only Part A and Part C of these terms will apply to you.

When we talk about the “Services” in this agreement, we are referring to our mobile applications available

on the Apple iOS Store and the Google Play Store, our website and any associated services we offer.

If you access or download our mobile application from the Apple App Store or Google Play Store, you agree

to Apple’s Licensed Application End User License Agreement and any Usage Rules set forth in the App

Store Terms of Service or the Android, Google Inc. Terms and Conditions including the License Agreement

and Terms of Application.

We may use Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google

Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

1

Part A

1

All Users

ELIGIBILITY

(a)

This App is not intended for unsupervised use by any person under the age of 18 years

old or any person who has previously been suspended or prohibited from using the App.

By using the App, you represent and warrant that you are either:

(i)

over the age of 18 years and accessing the App for personal use; or

(ii)

accessing the App on behalf of someone under the age of 18 years old and

consent to that person’s use of the App.

(b)

(c)

Please do not access the App if you are under the age of 18 years old and do not have

your parent or guardian’s consent, or if you have previously been suspended or

prohibited from using the App.

If you use the App on behalf of a company or organisation you warrant that you have the

necessary authority from that company or organisation to do so. If you are signing up not

as an individual but on behalf of your company, your employer, an organisation,

government or other legal entity (Represented Entity), then “you” or “User” means the

Represented Entity and you are binding the Represented Entity to this agreement. If you

are accepting this agreement and using our Services on behalf of a Represented Entity,

you represent and warrant that you are authorised to do so.

2

ACCOUNTS

(a)

In order to use most of the functionality of the App, all Users are required to sign-up,

register and receive an account through the App (an Account).

(b)

As part of the Account registration process and as part of your continued use of the App,

you are required to provide personal information and details, such as your email address,

first and last name, preferred username, a secure password, billing, postal and physical

addresses, mobile phone number, and other information as determined by TradeSnap

from time to time.

(c)

(d)

You warrant that any information you give to TradeSnap in the course of completing the

Account registration process will always be accurate, honest, correct and up to date.

You may register for an Account using your Google, Instagram, Facebook or other social

media network account (Social Media Account). If you sign in to your Account using

your Social Media Account, you authorise us to access certain information on your Social

Media Account including but not limited to your current profile photo and other basic

information.

(e)

(f)

Correspondence between Users must take place on the App. You agree to ensure that

your Account does not display any of your personal contact information at any time such

that it can be viewed by any other User. You agree to not give your contact details to any

other User.

Once you complete the Account registration process, TradeSnap may, in its absolute

discretion, choose to accept you as a registered user within the App and provide you with

an Account.

(g)

(h)

TradeSnap reserves the right to contact you about any concerning behaviour by you, or

to seek a resolution with you.

TradeSnap may, in its absolute discretion, suspend or cancel your Account for any

reason, including for any failure to comply with this agreement.

3

USER OBLIGATIONS

As a User, you agree:

(a)

not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User

or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;

(b)

to not share your Account with any other person and that any use of your Account by any

other person is strictly prohibited. You must immediately notify TradeSnap of any

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unauthorised use of your Account, password or email, or any other breach or potential

breach of the App’s security;

(c)

to not use the App for any purpose other than for the purpose of making arrangements to

provide or receive services, including by not using the App:

(i)

in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity

(including requesting or accepting a job which includes illegal activities or

purposes); and

(ii)

in connection with any commercial or money making or other promotional or

marketing endeavours except those that are endorsed herein, or as approved in

writing by TradeSnap;

(d)

(e)

(f)

not to act in any way that may harm the reputation of TradeSnap or associated or

interested parties or do anything at all contrary to the interests of TradeSnap or the App;

not to make any automated use of the App and you must not copy, reproduce, translate,

adapt, vary or modify the App without the express written consent of TradeSnap;

that TradeSnap may change any features of the App or Services offered through the App

at any time without notice to you;

(g)

that information given to you through the App, by TradeSnap or another User including a

Service Provider, is general in nature and we take no responsibility for anything caused

by any actions you take in reliance on that information; and

(h)

that TradeSnap may cancel your account at any time if it considers, in its absolute

discretion, that you are in breach or are likely to breach this clause 3.

4

POSTED MATERIALS

4.1

WARRANTIES

By providing or posting any information, materials or other content on the App (Posted Material),

you represent and warrant that:

(a)

you are authorised to provide the Posted Material (including by being authorised to

provide any services that you represent you provide);

(b)

(c)

the Posted Material is accurate and true at the time it is provided;

any Posted Material which is in the form of a review or feedback is honest, accurate and

presents a fair view of the relevant person and/or your experience;

(d)

(e)

(f)

the Posted Material is free from any harmful, discriminatory, defamatory or maliciously

false implications and does not contain any offensive or explicit material;

the Posted Material is not “passing off” of any product or service and does not constitute

unfair competition;

the Posted Material does not infringe any Intellectual Property Rights, including copyright,

trademarks, business names, patents, confidential information or any other similar

proprietary rights, whether registered or unregistered, anywhere in the world;

(g)

(h)

the Posted Material does not contain any viruses or other harmful code, or otherwise

compromise the security or integrity of the App or any network or system; and

the Posted Material does not breach or infringe any applicable laws.

4.2

LICENCE

(a)

You grant to TradeSnap a perpetual, irrevocable, transferable, worldwide and royalty-free

licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any

Intellectual Property Rights in any Posted Material in order for TradeSnap to use, exploit

or otherwise enjoy the benefit of such Posted Material.

(b)

If it is determined that you retain moral rights (including rights of attribution or integrity) in

any Posted Material, you forever release TradeSnap from any and all claims that you

could assert against TradeSnap by virtue of any such moral rights.

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(c)

You indemnify TradeSnap against all damages, losses, costs and expenses incurred by

TradeSnap arising out of any third party claim that your Posted Material infringes any

third party’s Intellectual Property Rights.

4.3

REMOVAL

(a)

TradeSnap acts as a passive conduit for the online distribution of Posted Material and

has no obligation to screen Posted Material in advance of it being posted. However,

TradeSnap may, in its absolute discretion, review and remove any Posted Material

(including links to you, your profile or listings you have posted on the App) at any time

without giving any explanation or justification for removing the Posted Material.

(b)

You agree that you are responsible for keeping and maintaining records of Posted

Material.

5

REFUNDS, SERVICE INTERRUPTIONS AND CANCELLATIONS

To the maximum extent permitted by law, TradeSnap will have no liability or obligation to you if:

(a)

a Customer or Service Provider cancels at any time after the time for performance of the

Service Listing is agreed; or

(b)

for whatever reason, including technical faults, the services in a Service Listing cannot be

performed or completed,

and you will not be entitled to any compensation from TradeSnap.

6

IDENTITY VERIFICATION

(a)

(Verification) We may offer or require Users to verify their details using our processes or

an external identity verification service as applicable (Verification Service).

(b)

(Your personal information and privacy) We will collect your personal information in

accordance with our Privacy Policy as set out in clause 15. Where a Verification Service

is used, you acknowledge and agree that:

(i)

we may contact and share your personal information with a Verification Service

to verify your details;

(ii)

you consent to us receiving, sharing and using this information to enable us to

carry out the Verification Service.

(c)

(Warranty and Indemnity) You acknowledge and agree that:

(i)

we are reliant on the information provided by the Verification Service to verify

your identity and to the extent permitted by law, we disclaim all warranties that

the Verification Service will be accurate or guarantee that the Verification

Service will ensure you contract with a suitable User;

(ii)

you should make your own inquiries as to other Users’ identities before

engaging in contracts with those Users; and

(iii)

we do not endorse any User, Service Listing or Verification Service.

7

SERVICE LIMITATIONS

While we make every effort to ensure that the information on the App is as up-to-date and accurate

as possible, you acknowledge and agree that from time to time, you may encounter the following

issues:

(a)

(b)

(c)

(d)

(e)

the App may have errors or defects (or both, as the case may be);

the App may not be accessible at times;

messages sent through the App may not be delivered promptly, or delivered at all;

information you receive or supply through the App may not be secure or confidential; and

any information provided through the App may not be accurate or true.

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8

INTELLECTUAL PROPERTY

(a)

TradeSnap retains ownership of or provides you with a sublicense to (as the case

may be) all materials developed or provided (or both, as the case may be) in connection

with the Services (including text, graphics, logos, design, icons, images, sound and

video recordings, pricing, downloads and software) (Service Content) and reserves

all rights in any Intellectual Property Rights owned or licensed by it not expressly granted

to you.

(b)

(c)

You may make a temporary electronic copy of all or part of the Service Content for the

sole purpose of viewing it and adapting it for the purpose of using the Application. You

must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the

Service Content without prior written consent from TradeSnap or as permitted by law.

In this clause 8 , “Intellectual Property Rights” means all copyright, trade mark, design,

patent, semiconductor and circuit layout rights, trade, business, company and domain

names, confidential and other proprietary rights, and any other rights to registration of

such rights whether created before or after the date of this agreement both in Australia

and throughout the world.

9

THIRD PARTY CONTENT

The App may contain text, images, data and other content provided by a third party and displayed

on the App (Third Party Content). TradeSnap accepts no responsibility for Third Party Content

and makes no representation, warranty or guarantee about the quality, suitability, accuracy,

reliability, currency or completeness of Third Party Content.

10

THIRD PARTY TERMS SUPPLIERS

(a)

If we need to acquire goods or services supplied by a third party, you may be subject to

the terms and conditions of that third party (Third Party Terms).

(b)

Provided that we have notified you of such Third Party Terms and provided you with a

copy of those terms (for example, a link on our App or otherwise set out in these terms),

you agree to any Third Party Terms applicable to any goods or services supplied by a

third party that we use to provide you with the App or any services related to App and we

will not be liable for any loss or damage suffered by you in connection with such Third

Party Terms.

(C)

You have the right to reject any Third Party Terms. If you reject the Third Party Terms, we

cannot provide you with the services associated with the App and you can stop using the

App.

11

DISPUTES BETWEEN USERS

(a)

You should direct any complaint relating to another User to that User. Users must take all

reasonable steps to resolve any dispute with another User with that User.

(b)

If any issue or problem relating to the App remains unresolved after directing a complaint

to a relevant User, or if the complaint does not relate to another User, you must report it

to TradeSnap via email at admin@trade-snap.com.au . We will assess the complaint and

attempt to quickly and satisfactorily resolve it.

(c)

(d)

Any costs you incur in relation to a complaint or dispute will be your responsibility.

TradeSnap has the option to appoint an independent mediator or arbitrator if needed. The

cost of any mediator or arbitrator must be shared equally between each of the parties to

the dispute.

(e)

(f)

TradeSnap reserves the right to hold funds in relation to a dispute until the dispute is

resolved by the relevant parties or by a mediator or arbitrator.

If you have a dispute with TradeSnap, you agree to notify us first and enter into

discussion, mediation or arbitration with us for a minimum of a 120-day period before

pursuing any other proceedings.

(g)

Notwithstanding any other provision of this clause 11, you or TradeSnap may at any time

cancel your Account or discontinue your use of the App.

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12

13

SECURITY

TradeSnap does not accept responsibility for loss or damage to computer systems, mobile phones

or other electronic devices arising in connection with your use of the App. You should take your

own precautions to ensure that the process you employ to access the App does not expose you to

the risk of viruses, malicious computer code or other forms of interference.

DISCLAIMER

(a)

(b)

(c)

(Introduction service) TradeSnap is a medium that facilitates the introduction of

Customers and Service Providers. TradeSnap does not have any obligations or liabilities

to, and is not a party to any contract between, Customers and Service Providers in

relation to such services or otherwise resulting from the introduction.

(Limitation of Liability) To the maximum extent permitted by law and subject to clause

13(c), the total liability of each party (being you, the User and us, TradeSnap) in respect

of loss or damage sustained by the other party in connection with this agreement is

limited to $100.

Clause 13(b) does not apply to your liability in respect of loss or damage sustained by

TradeSnap arising from your breach of:

(i)

breach of third party intellectual property rights; or

wilful, negligent, fraudulent or criminal act or omission.

(ii)

(d)

(e)

(Disclaimer) To the maximum extent permitted by applicable law, all express or implied

representations and warranties not expressly stated in this agreement are excluded.

(Consumer Law) Nothing in this agreement is intended to limit the operation of the

Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth)

(ACL). Under the ACL, you may be entitled to certain remedies (like a refund,

replacement or repair) if there is a failure with the goods or services provided.

(f)

(Consequential Loss) To the maximum extent permitted by law, neither party will be

liable for any incidental, special or consequential loss or damages, or damages for loss of

data, business or business opportunity, goodwill, anticipated savings, profits or revenue

in connection with this agreement or any goods or services provided by TradeSnap,

except:

(i)

in relation to a party’s liability for fraud, personal injury, death or loss or damage

to tangible property; or

(ii)

to the extent this liability cannot be excluded under the Competition and

Consumer Act 2010 (Cth).

14

CONFIDENTIALITY

You agree that:

(a)

(b)

no information owned by TradeSnap, including system operations, documents, marketing

strategies, staff information and client information, may be disclosed or made available to

any third parties; and

all communications involving the details of other users on this App and of the Service

Provider are confidential, and must be kept as such by you and must not be distributed

nor disclosed to any third party.

15

16

PRIVACY

You agree to be bound by the clauses outlined in TradeSnap’s Privacy Policy, which can be

accessed here <link>.

COLLECTION NOTICE

(a)

We collect personal information about you in order to to enable you to access and use

the App, to contact and communicate with you, to respond to your enquiries and for other

purposes set out in our Privacy Policy.

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(b)

Our Privacy Policy contains more information about how we use, disclose and store your

information and details how you can access and correct your personal information.

17

NOTICE REGARDING APPLE

If you are accessing the Services from the Apple, Inc. (Apple) iOS Store, you acknowledge and

agree:

(a)

(b)

(c)

this agreement is between you and TradeSnap and not with Apple. Apple is not

responsible for the Services or any content available on the Services;

Apple has no obligation whatsoever to furnish any maintenance and support services for

the Services;

in the event of any failure of TradeSnap to conform to any applicable warranty, you may

notify Apple, and Apple will refund the price for the Services. To the maximum extent

permitted by applicable law, Apple will have no other warranty obligation whatsoever with

respect to the Services, and any other claims, losses, liabilities, damages, costs of

expenses attributable to any failure to conform to any warranty will be TradeSnap’s

responsibility;

(d)

Apple is not responsible for addressing any claims by you or any third party relating to the

Services, including, but not limited to:

(i)

product liability claims;

(ii)

any claim that the Services fails to conform to any applicable legal or regulatory

requirement; and

(iii)

claims arising under consumer protection, privacy, or similar legislation;

(e)

(f)

in the event of any third party claim that the Services or your use of the Services infringes

any third party’s intellectual property rights, Apple will not be responsible for the

investigation, defence, settlement and discharge of any such claim;

that you represent and warrant that:

(i)

you are not located in a country that is subject to a U.S. Government embargo,

or that has been designated by the U.S. Government as a “terrorist supporting’”

country; and

(ii)

you are not listed on any U.S. Government list of prohibited or restricted parties;

(g)

(h)

you must comply with applicable third party terms of this agreement when using the

Services; and

Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and that,

upon your acceptance of this agreement, Apple will have the right (and will be deemed to

have accepted the right) to enforce this agreement against you as a third party

beneficiary.

18

TERMINATION

(a)

Either TradeSnap or the User may terminate the User’s account at any time (including

any listings, memberships or Accounts) for any reason.

(b)

If a User wants to terminate their account, they can do so by using the App’s functionality

where available. Where such functionality is not available, TradeSnap will effect such

termination within a reasonable time after receiving written notice from the User.

(c)

In the event that a User’s Account is terminated:

(i)

the User’s access to all posting tools on the App will be revoked;

(ii)

the User will be unable to view the details of all other Users (including contact

details, geographic details, any other personal details and service listings or

requests); and

(iii)

the User may be unable to view the details of other Service Providers (including

contact details, geographic details and any other details), and all service listings

previously posted by the respective User will also be removed from the App.

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(d)

Notwithstanding termination or expiry of your Account, this agreement, or any other

membership you hold in connection with the App, the provisions of Part A and any other

provision in this agreement which by its nature would reasonably be expected to be

complied with after termination or expiry, will continue to apply.

19

20

TAX

You are responsible for the collection and remission of all taxes associated with the services you

provide or receive or any transactions through your use of the App, and TradeSnap will not be held

accountable in relation to any transactions between Customers and Service Providers where tax

related misconduct has occurred.

RECORD / AUDIT

To the extent permitted by law, TradeSnap reserves the right to keep all records of any and all

transactions and communications made through this App between you and other Users (including

conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address

information) for administration purposes and also holds the right to produce these records in the

event of any legal dispute involving TradeSnap.

21

NOTICES

(a)

A notice or other communication to a party under this agreement must be:

(i)

in writing and in English; and

(ii)

delivered via email to the other party, to the email address specified in this

agreement, or if no email address is specified in this agreement, then the email

address most regularly used by the parties to correspond regarding the subject

matter of this agreement as at the date of this agreement (Email Address). The

parties may update their Email Address by notice to the other party.

(b)

Unless the party sending the notice knows or reasonably ought to suspect that an email

was not delivered to the other party’s Email Address, notice will be taken to be given:

(i)

24 hours after the email was sent, unless that falls on a Saturday, Sunday or a

public holiday in the state or territory whose laws govern this agreement, in

which case the notice will be taken to be given on the next occurring business

day in that state or territory; or

(ii)

when replied to by the other party,

whichever is earlier.

22

GENERAL

22.1

GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in Victoria, Australia. Each party irrevocably

submits to the exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from

them in respect of any proceedings arising out of or in connection with this agreement. Each party

irrevocably waives any objection to the venue of any legal process on the basis that the process

has been brought in an inconvenient forum.

22.2

22.3

WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any

right unless the waiver is in writing and signed by the party granting the waiver.

SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the

extent that it is void or unenforceable. The validity and enforceability of the remainder of this

agreement is not limited or otherwise affected.

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22.4

22.5

22.6

22.7

JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or

benefits them jointly and severally.

ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this

agreement without the prior written consent of the other party.

COSTS

Except as otherwise provided in this agreement, each party must pay its own costs and expenses

in connection with negotiating, preparing, executing and performing this agreement.

ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior

negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to

the subject matter of this agreement.

22.8

INTERPRETATION

(a)

(b)

(singular and plural) words in the singular includes the plural (and vice versa);

(gender) words indicating a gender includes the corresponding words of any other

gender;

(c)

(d)

(defined terms) if a word or phrase is given a defined meaning, any other part of speech

or grammatical form of that word or phrase has a corresponding meaning;

(person) a reference to “person” or “you” includes an individual, the estate of an

individual, a corporation, an authority, an association, consortium or joint venture

(whether incorporated or unincorporated), a partnership, a trust and any other entity;

(e)

(f)

(party) a reference to a party includes that party’s executors, administrators, successors

and permitted assigns, including persons taking by way of novation and, in the case of a

trustee, includes any substituted or additional trustee;

(this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment

or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or

annexure to or of this agreement, and a reference to this agreement includes all

schedules, exhibits, attachments and annexures to it;

(g)

(h)

(i)

(document) a reference to a document (including this agreement) is to that document as

varied, novated, ratified or replaced from time to time;

(headings) headings and words in bold type are for convenience only and do not affect

interpretation;

(includes) the word “includes” and similar words in any form is not a word of limitation;

and

(j)

(adverse interpretation) no provision of this agreement will be interpreted adversely to a

party because that party was responsible for the preparation of this agreement or that

provision.

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Part B

1

Service Providers

ELIGIBILITY AND QUALIFICATIONS

(a)

You must verify that any Customer is over 18 years old or has their parent or guardian’s

consent to use the App.

(b)

If in any of your Service Listings or anywhere on your Account you hold yourself out to

possess certain qualifications (Qualifications), you warrant to TradeSnap that you do

hold such Qualifications and if requested, will promptly provide TradeSnap with evidence

of the Qualifications.

(c)

You must at all times maintain a valid working with children check in the jurisdiction you

will offer your services in. TradeSnap is under no obligation to confirm the status of your

eligibility to work with people under 18 years old. You indemnify TradeSnap against any

claim that may arise in connection with your eligibility to work with people under 18 years

old.

2

SERVICE LISTINGS

You acknowledge and agree that:

(a)

you must use your best endeavours to provide as much information as possible in any

listing you submit to the App in which you offer to provide services (Service Listing);

(b)

TradeSnap may choose not to accept any Service Listing you submit to the App, and

TradeSnap may limit the number of Service Listings you can submit to the App;

(c)

(d)

any information you supply in a Service Listings must be true, timely and accurate;

you must take all reasonable steps to complete the services as described in every

Service Listing that is accepted by a Customer, including by not cancelling any part of

such a Service Listing;

(e)

(f)

you must deal with any dispute with a Customer in accordance with clause of Part A;

any additional terms and conditions relating to a Service Listing, or a quote provided via

the App, are solely between you and the relevant Customer and do not involve

TradeSnap in any way, except that they must not be inconsistent with your or the

Customer’s obligations under this agreement; and

(g)

TradeSnap will have no responsibility for the accuracy, reliability or timeliness of any

Customer’s response to a Service Listing.

3

SERVICE REQUESTS

(a)

From time to time, the App may, using its algorithm, direct to you requests for services

that have been submitted to the App by Customers (Service Requests). The App will

generally direct you to Service Requests that are related to your Service Listings, though

TradeSnap does not guarantee this.

(b)

When the App directs you to a Service Request, you will be able to view details of the

specific services requested, however you will not be able to view the contact details of the

Customer who submitted the Service Request.

4

PROVISION OF SERVICES

(a) You must ensure that all services specified in a Service Listing that is accepted by a

Customer are provided:

(i)

in accordance with all applicable laws, regulations, tax obligations and industry

standards;

(ii)

with due care and skill and in a professional, punctual and diligent manner;

so that the services are fit for their intended purpose; and

on the date and at the times set out in the Service Listing.

(iii)

(iv)

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(b)

(c)

You acknowledge and agree that a Customer may review any Service Listing or services

you provide under a Service Listing on the App in accordance with clause 4 of Part C of

this agreement.

If a Customer requests to reschedule the delivery time for the services listed in a Service

Listing, you may choose to accept or reject such a request.

5

FEES

(a)

Viewing the App, posting a Service Listing and responding to a Service Request are free.

(b)

You will be required to quote the cost of providing the services specified in each Service

Listing or Service Request (as the case may be) to a Customer (Quoted Amount).

(c)

TradeSnap reserves the right to charge a fee for use of the Services (Service Fee) or

change the Service Fee at any time by updating this agreement, on written notice to you.

We will provide you with at least 14 days’ written notice if this occurs, and upon receipt of

such notice you will have the right to terminate this agreement immediately, on written

notice to us. Your continued use of the Services after you receive such written notice will

constitute your consent to the change and/or waiver set out in that notice.

6

REFUNDS & CANCELLATIONS

(a)

Without limiting or otherwise affecting the terms of this agreement, if you wish to cancel a

service set out in an accepted Service Listing, before you have performed all the relevant

services, you must contact us using the App’s functionality, including by providing details

as to why you are cancelling. If TradeSnap decides to investigate your request, you must

provide assistance and information to TradeSnap as reasonably requested.

(b)

(c)

You must ensure that your cancellation policy and refund policy in relation to you or

Customers cancelling an accepted Service Listing is in compliance with all applicable

laws, such as the Australian Consumer Law .

If we accept your request to cancel a service set out in an accepted Service Listing, we

may suspend or cancel your Account.

7

BYPASSING

(a)

You agree that while you are a Service Provider on the App, regardless of the reason that

your Account was suspended or cancelled, you will not, either directly or indirectly, solicit

or attempt to solicit any business, work, income or other benefit, from any Customer

whom you came to know about, or with whom you provided goods or services to directly

or indirectly, by using the App. This provision will apply whether or not the Customer or

their representative is still active on the App.

(b)

TradeSnap may, in its absolute discretion, cancel your Account and suspend you from

using the App if it finds or suspects that you have breached or are in breach of this clause

7.

8

BINDING CONTRACT

You agree that when a Customer submits an enquiry in response to your Service Listing, this

constitutes their intention and offer to enter into a contract with you, where you will provide the

Customer with the service as specified in the relevant Service Listing, in exchange for payment of

the relevant Quoted Amount. A contract is formed in this respect (between you and the Customer)

when you respond to an email or message on the App confirming that you accept the Customer’s

offer.

9

WARRANTIES

By listing yourself as a Service Provider on the App, posting a Service Listing or responding to a

Service Request, you represent and warrant that:

(a)

you are able to fulfil the requirements of the services specified in the Service Listing or

Service Request;

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(b)

(c)

you will provide services to each Customer:

(i)

using suitably qualified and trained personnel exercising due care and skill in a

professional, efficient, diligent and safe manner, and to the best industry

standards; and

(ii)

in compliance with all applicable laws; and

any individuals involved in your performance of services to any Customer have not been

previously convicted of an indictable offence, and any companies involved in your

performance of services have no current legal, criminal, civil or administrative

proceedings against them.

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Part C

1

Customers

SERVICE LISTINGS, SERVICE REQUESTS AND FEES

(a)

You acknowledge and agree that:

(i)

if you respond to a Service Listing or confirm a Service Request once a Service

Provider responds to it, that will constitute your offer and intention to enter into a

contract with the Service Provider;

(ii)

any terms and conditions relating to services or a quote provided via the App

are solely between you and the relevant Service Provider and do not involve

TradeSnap in any way, except that such terms and conditions must not be

inconsistent with your or the Service Provider’s obligations under this

agreement.

(b)

When you submit a Service Request on the App, you must:

(i)

only submit requests that are bone fide and accurate; and

(ii)

truthfully fill out all the information requested by the App including providing

current and accurate photographs of the relevant job site in relation to the

Service Request.

2

3

PAYMENT

Unless otherwise agreed in writing with the Service Provider, you must pay for all services

specified in an accepted Service Listing prior to the Service Provider performing those services.

CANCELLATIONS

(a)

TradeSnap will have no liability or obligation to you if a Service Provider cancels a

Service Listing after it has been agreed and you will not be entitled to any compensation

from TradeSnap in relation to any such cancellation.

(b)

If you wish to cancel services specified in an agreed Service Listing, before the Service

Provider has performed them, you must contact the Service Provider. If TradeSnap

decides to investigate your cancellation, you must provide assistance and information to

TradeSnap as reasonably requested.

(c)

If you cancel a service specified in an agreed Service Listing, whether the relevant

Quoted Amount paid by you is refundable will depend on the cancellation policy and

refund policy of the relevant Service Provider.

4

RATINGS AND REVIEWS

(a)

Customers may rate a Service Listing (Rating) and/or may provide feedback to Service

Providers regarding the services Customers received from them (Review).

(b)

Customers’ Ratings and Reviews can be viewed by any User and will remain viewable

until the relevant Service Provider Account and/or Service Listing is removed or

terminated.

(c)

(d)

Customers must only provide true, fair and accurate information in their Reviews.

If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we

may delete the Review and/or ban the relevant Customer from posting further Reviews.

We do not undertake to review each Review made by Customers.

(e)

(f)

To the maximum extent permitted by law, we are not responsible for the content of any

Reviews.

You may not publish Reviews of Service Providers to whom you have a personal or

professional relationship (separately from the App).

(g)

You may only write a Review about a Service Provider if you have had a buying or

service experience with that Service Provider, which means that:

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(i)

you have purchased a product or service from that Service Provider via the

App; or

(ii)

you have placed an order with the Service Provider via the App; or

(iii)

you can otherwise document your use of the Service Provider’s service,

including via correspondence or other interaction with the Service Provider via

the App,

(collectively referred to as a Service Experience).

(h)

(i)

You may only write about your own Service Experience. You are not permitted to write a

Review about somebody else’s Service Experience, such as that of a family member or

friend.

You may not write a Review about a Service Provider you have previously owned,

currently own, or which an immediate family member currently owns, or if you are an

executive or employee of that Service Provider, or work for the Service Provider.

Similarly, you may not write a Review about a direct competitor to the Service Provider

you own, are employed by or work for.

(j)

Your Service Experience must have occurred within the last 12 months when you submit

a Review.

(k)

You are encouraged to be specific and factual in your Reviews. If you have been offered

an incentive by a Service Provider to write a Review, you should include information

about this in your Review. Incentives include the Service Provider offering you a gift,

reward, discount or advantage for writing a Review about the Service Provider.

5

LINKED BUSINESSES

You acknowledge and agree that:

(a)

(b)

(c)

the App provides links and introductions to Service Providers owned and operated by

third parties that are not under the control of TradeSnap;

the provision by TradeSnap of introductions to Service Providers does not imply any

endorsement or recommendation by TradeSnap of any Service Provider;

TradeSnap does not examine, determine or warrant the certification and/or licensing,

competence, solvency or information of any Service Provider who uses or is listed on the

App; and

(d)

any terms and conditions relating to a Service Listing or quote provided via the App

constitute a contract between you and the Service Provider once agreed in accordance

with clause 1 and do not involve TradeSnap in any way.

6

COMMUNICATION OUTSIDE THE APP

(a)

You must not communicate with a Service Provider, or request or entice a Service

Provider to communicate with you, outside the App (except in the course of accepting

Service Provider services that were agreed in a Service Listing or Service Request).

(b)

TradeSnap, in its absolute discretion, may cancel your Account and suspend you from

using the App if it finds or suspects that you have breached or are in breach of this clause

6.

14