Terms and Conditions of Use
Tradies2Go & other 2Go Services Pty Ltd applications and websites The Tradies2Go application and website is owned and operated by 2Go Services Pty Ltd (ABN 83 619 692 787) (means 2Go Services Pty Ltd).
1. General Information Only
The information, opinions and other similar statements and content published on the application and website are provided for information purposes only and are not intended as, nor do they constitute legal, financial, taxation, technical or expert advice or to be in any way relied upon by you without undertaking your own independent verification. Information provided on the application and website has been derived from sources believed to be accurate at the time of compilation and no warranty or representation is made as to the accuracy or authenticity of the content of the application and website.
2Go Services Pty Ltd and its directors, agents or employees do not accept and are by these Terms and Conditions released by you of any liability to you arising (whether directly or indirectly) out of the information provided on the application and website or anyone else through the application and website or any errors in, or omissions from information on the application and website.
2Go Services Pty Ltd does not make any representation or warranty that any user is reputable, or will act in good faith, or according to their terms of engagement; any information on the application and website will be complete, reliable or accurate; or your access to the application and website will be secure, available or uninterrupted.
2Go Services Pty Ltd disclaims and will not be liable for loss arising out of (whether directly or indirectly) and action or decision by you in reliance on the information on or provided to you through the application and website or provided by any business you engage on the application and website, nor any interruption, delay or impairment in the functioning, operation or availability of the application and website, exposure to or transmission of any computer virus, internet access difficulties in connection with the application and website, or malfunction in equipment or software.
You should seek legal or other professional advice before acting or relying on the information set out on or provided to you through the application and website or provided by any business you engage on the application and website.
Information on the application and website is for general information only and as a user of the application and website, you should obtain independent advice based on your specific circumstances and make your own inquiries prior to making any decisions.
2. User Registration
By completing the new user registration process you agree to be bound by the terms and conditions as outlined below in this document.
3. Terms and Conditions
Before you begin to use the services on the application and website you should read and understand the terms and conditions of your use of the application and website offered by 2Go Services Pty Ltd.
The Terms and Conditions (as published on the application and website) together with any additional terms, conditions, notices and disclaimers published on the application and website and any documents available for download on the application and website (means Terms and Conditions) regulate your use of the application and website and 2Go Services Pty Ltd services.
Through your use of the application and website and 2Go Services Pty Ltd services, you agree and acknowledge that the Terms and Conditions constitute the rules and conditions of access to, use of and supply of information from the application and website.
If you use or continue to use the application and website and/or services provided by 2Go Services Pty Ltd you acknowledge and agree that you accept to abide by and be bound by the Terms and Conditions and any changes that might be made from time to time by 2Go Services Pty Ltd or any authorised officer, agent, employee or contractor of 2Go Services Pty Ltd to the Terms and Conditions.
All terms and conditions that govern your use of the application and website (including disclaimers) may be amended by 2Go Services Pty Ltd from time to time by posting those amendments on the application and website without any specific notice to you. Those amendments apply to your next usage of the application and website and you are responsible for ensuring that you regularly review the application and website and these Terms and Conditions. Your use of the application and website after any such changes are made will be deemed to constitute your acceptance of those changes to the Terms and Conditions.
If you become dissatisfied with your use of the 2Go Services Pty Ltd service in any way, or object to any of the Terms and Conditions or any subsequent changes to them, your only remedy is to immediately stop using the services of 2Go Services Pty Ltd and the application and website.
A link to this Terms and Conditions Agreement is available on the application and website.
If the application and website generates automated emails to registered users, or application and website users send emails and messages to one another through the application and website, these emails are considered a part of the 2Go Services Pty Ltd application and website.
Should you no longer wish to receive our emails, you may click on the unsubscribe link located in each email received, and/or you may email us at info@Tradies2Go.com.
If hyperlinks and other redirection tools taking the user to other application and websites operated by third parties appear on the application and website, you acknowledge that these application and websites (Third Party Sites) are not controlled by 2Go Services Pty Ltd. You also acknowledge that these Third Party Sites and do not form part the 2Go Services Pty Ltd application and website and you agree that you will not hold 2Go Services Pty Ltd liable or in any way accountable for anything that occurs on Third Party Sites.
4. Applicable Law
The Terms and Conditions and all other specific and additional terms which govern your use or membership of and access to the application and website will be governed by the laws of Western Australia, Australia.
5. Your Conduct while using Tradies2Go
As a condition of your use of the application and website or any service provided by 2Go Services Pty Ltd, you warrant to 2Go Services Pty Ltd that you will not use the application and website of any 2Go Services Pty Ltd service for any purpose that is prohibited by the Terms and Conditions or that is illegal or unlawful. You agree to abide by all applicable laws and regulations.
Whilst not an exhaustive list, you agree not to:
1. use the application and website to offend others (which shall be judged in the absolute opinion and discretion of 2Go Services Pty Ltd);
2. publish, or in any way distribute or disseminate any information which is unlawful, obscene, defamatory, offensive or inappropriate (which shall be judged in the absolute opinion and discretion of 2Go Services Pty Ltd);
3. engage in, encourage participation or promote any contests, pyramid schemes, surveys, chain letters, spamming or unsolicited emailing through the application and website;
4. use automated scripting tools or software;
5. make available, using the application and website, any material you do not have a right to make available including any law or which contains viruses, or other computer codes, files or programs designed to interfere with the functioning of other software or hardware; or breach any laws or regulations applicable to your use of the application and website;
6. use the site to supply another service, or to obtain information which you either incorporate into your service or product to enhance your service or product or your business in any way such as creating potential customer lists. Any commercial use of the application and website requires the prior written approval of 2Go Services Pty Ltd.
2Go Services Pty Ltd has no obligation to monitor your or anyone else’s use of the application and website. However, 2Go Services Pty Ltd reserves the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
6. User Indemnity
As a user of the application and website, you indemnify and hold harmless 2Go Services Pty Ltd for any loss or damage or costs arising (whether directly or indirectly) out of any breach of the Terms and Conditions or any other legal obligation by you or your use of or conduct on the application and website.
7. Limitation of Liability
2Go Services Pty Ltd excludes all conditions and warranties that may be implied by law. To the extent permitted by law, 2Go Services Pty Ltd’s liability for breach of any warranty or condition (implied or otherwise) which cannot be excluded is restricted, at 2Go Services Pty Ltd’s option, to the re-supply of the relevant 2Go Services Pty Ltd service or a refund in accordance with the Refund Policy published below.
As a user of the application and website, you expressly agree and acknowledge that in no circumstances will 2Go Services Pty Ltd be liable to you for any indirect, incidental, special and/or consequential losses or damages or loss of profits of any nature arising (including but not limited to any act or omission by 2Go Services Pty Ltd) which result from:
1. the use or access to or any inability to use or access the application and website or any material on the application and website;
2. unauthorised access to your user account, or internet transmissions or data; or
3. statements or conduct of any third party on the application and website.
Excluding liability for negligence the maximum liability of 2Go Services Pty Ltd is equivalent to the total of any amounts you have paid to 2Go Services Pty Ltd in respect of goods or services supplied to you by 2Go Services Pty Ltd or $500, whichever is less.
By using the application and website you agree to abide by and acknowledge the following disclaimer.
2Go Services Pty Ltd are not involved in the actual transaction between business users and customers who contract their services after first being introduced via the application and website.
We have no control over the quality, safety or legality of the items or content posted on the application and website by any user, the truth or accuracy of any posting, the ability of businesses to provider services or the ability of customers to buy services. We cannot censure and do not guarantee that a customer or business user will actually complete a transaction or act lawfully in using the application and website.
2Go Services Pty Ltd cannot and does not confirm each business user’s purported identity.
In the event that you have a dispute with one or more users of the application and website, you release 2Go Services Pty Ltd (and our directors, agents, contractors, affiliates, parents, subsidiaries, and employees from claims, demands and damages of every kind and nature arising (whether directly or indirectly) out of such dispute.
2Go Services Pty Ltd sends emails and notices regarding the status of your matters and your user account. Our emails and notices do not represent any guarantee or endorsement of your transactions. You are responsible for completing all transactions in which you participate (including monitoring the status of, and complying with all relevant legal and other obligations). We do not control, endorse or approve the services provided by the users of the application and website.
You acknowledge and release 2Go Services Pty Ltd in the event that you deal with underage persons or people acting under false pretense.
9. User Information
2Go Services Pty Ltd reserve the right to modify or delete any general information you submit to the application and website in order to enhance the services we provide to you and other 2Go Services Pty Ltd users.
10. Your Username & Password
To become a member of 2Go Services Pty Ltd, you will nominate a username and password. Your username must be a valid email address.
You are entirely responsible for all activities that occur under your username and password. You must ensure these remain confidential at all times.
You must notify 2Go Services Pty Ltd immediately by email to info@Tradies2Go.com if you become aware of any unauthorised use of your username and password.
Each username and password must be used by a single individual and is not transferrable.
11. Indemnity for 2Go Services Pty Ltd
You indemnify, hold harmless and release 2Go Services Pty Ltd and its directors, employees, agents, contractors, affiliates from and against any claims, demands, proceedings, losses and damages of every kind and nature including reasonable solicitor’s fees, made by you or any third party due to or arising (whether directly or indirectly) out of your breach of these Terms and Conditions or your violation of and law or the rights of a third party.
12. No Warranty
You agree to accept the sole responsibility for the legality of your actions used the laws which apply to you. You agree that 2Go Services Pty Ltd have no responsibility for the legality of the actions of users of the application and website or 2Go Services Pty Ltd services.
13. Independent Contractors and No Agency
You and 2Go Services Pty Ltd are independent contractors and no agency, partnership, joint venture, employee-employer or franchisee-franchisor relationship is created or intended by this Terms and Conditions agreement or your use of the application and website or 2Go Services Pty Ltd services.
14. Authority to make Phone Recordings
2Go Services Pty Ltd reserves the right to record phone calls between you and 2Go Services Pty Ltd employees or 2Go Services Pty Ltd agents for training purposes.
2Go Services Pty Ltd respects your right to privacy and is committed to safeguarding the privacy of our customers and software application ('Application') users. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information.
"Personal information" is information we hold which is identifiable as being about you.
2. Collection of Personal Information
2Go Services Pty Ltd will, from time to time, receive and store personal information you enter onto our Application, Tradies2Go, provided to us directly or given to us in other forms.
You may provide basic information such as your name, phone number, address and email address to enable us to send information, provide updates and process your product or service order. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your
content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.
Additionally, we may also collect any other information you provide while interacting with us.
3. How we collect your personal information
4. Use of your personal information
2Go Services Pty Ltd may use personal information collected from you to provide you with information, updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our products and services and better understand your needs.
The Application may make third party social media features available to its users. We cannot ensure the security of any information you choose to make public in a social media feature. Also, we cannot ensure that parties who have access to such publicly available information will respect your privacy.
2Go Services Pty Ltd may contact you by a variety of measures including, but not limited to telephone, email, sms or mail.
5. Disclosure of your personal information
We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services.
We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.
We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of 2Go Services Pty Ltd, its application, website and customers or third parties.
Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia. These may include, but are not limited to India and Australia.
If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.
6. Security of your personal information
2Go Services Pty Ltd is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
7. Access to your personal information
You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at info@Tradies2Go.com.
We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act 1988 (Cth).
8. Software Application
a. When you use our Application
When you use our Application, we may collect certain information such as mobile unique device ID, the IP address of your mobile device, mobile operating system, the type of mobile internet browsers you use, and information about the way you use the Application. This information is used in an aggregated manner to analyse how people use our Application, such that we can improve our service.
cookies by changing your devise settings. However, this may prevent you from taking full advantage of our Application.
c. Automatic collection
The Application may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile internet browsers you use, and information about the way you use the Application.
d. Third parties
Our Application may, from time to time, have links to other applications or websites not owned or controlled by us. These links are meant for your convenience only. Links to third party applications and websites do not constitute sponsorship or endorsement or approval of these third parties. Please be aware that 2Go Services Pty Ltd is not responsible for the privacy practises of other such applications or websites. We encourage our users to be aware, when they leave our Application or website, to read the privacy statements of each and every application or website that collects personal identifiable information.
When you visit the Application, we may use GPS technology (or other similar technology) to determine your current location in order to determine the city you are located within to improve the user experience and display a location map with relevant advertisements. We will not share your current location with other users or partners.
9. Complaints about privacy
If you have any complaints about our privacy practices, please feel free to send in details of your complaints to info@Tradies2Go.com. We take complaints very seriously and will respond shortly after receiving notice of your complaint.
10. Op out right
You can stop all collection of information by the Application easily by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. You can also request to opt-out via email, at info@Tradies2Go.com.
16. Licence to Use Your Information
Solely for the purposes of enabling 2Go Services Pty Ltd to use the information you supply us with, so that we are not violating any rights you have in that information, you agree to grant us a non- exclusive, worldwide, irrevocable, perpetual, fee-free right to exercise the copyright and other intellectual property rights you have in that information in any format (including, but not limited to, any text, photographs, graphics, video or audio). You agree that 2Go Services Pty Ltd can use that content in any way, now and in the future. 2Go Services Pty Ltd also reserves the right not to use the content that you submit. You warrant that you have all of the necessary rights, including copyright, in the content you contribute, that your content is not defamatory and that it does not infringe any law within Western Australia or Australia. You indemnify 2Go Services Pty Ltd against any and all legal fees, damages and other expenses that may be incurred by 2Go Services Pty Ltd as a result of a
17. Feedback Ratings & Comments
2Go Services Pty Ltd allows users of the application and website to rate and comment on the performance of 2Go Services Pty Ltd business users whose business services they have either contracted, or have experienced in the course of evaluating the business user’s suitability for a job.
2Go Services Pty Ltd reserves the right to publish or not to publish those ratings and comments (feedback) on the application and website at its sole and absolute discretion.
2Go Services Pty Ltd reserves the right to delete or modify feedback submitted on the application and website at any time for any reason at its sole and absolute discretion.
2Go Services Pty Ltd will delete or modify if it is clear that, in the sole and absolute opinion of 2Go Services Pty Ltd, the feedback is factually incorrect, does not relate to the provision of business services by the business to the user who submitted feedback, or is for a business that has since been sold to or taken over by new management. Feedback may also be deleted if the business in question performed the service for the customer more than six months prior to leaving feedback.
2Go Services Pty Ltd reserves the right to aggregate each businesses feedback into a percentage score and publish that score on the application and website.
In Australia and other countries, feedback may be considered defamatory of the reputation and standing of individuals and businesses. You acknowledge and agree that 2Go Services Pty Ltd accepts no responsibility for liability, damage, injury or loss that may arise from feedback submitted to or published on the application and website, and you, by these Terms and Conditions, release forever and indemnify 2Go Services Pty Ltd from any liability it may incur arising out of (whether directly or indirectly) any feedback you post on the 2Go Services Pty Ltd application and website.
Further you agree that, if you or anyone else commences or threatens any action or proceeding against 2Go Services Pty Ltd or makes any claim or demand against 2Go Services Pty Ltd as a result of any feedback you submit to the application and website, 2Go Services Pty Ltd may, in it’s absolute discretion, without any notice to you immediately cancel or suspend your membership of the application and website.
18. Breaching Our Terms and Conditions
Without limiting other remedies available to 2Go Services Pty Ltd at law, in equity or under this Terms and Conditions, we may, in our sole discretion, immediately issue a warning, temporarily suspend or terminate your membership and refuse to provide services to you if:
2. we are unable to verify or authenticate any information you provide to us; or
3. we believe your actions may cause legal liability to you, 2Go Services Pty Ltd users or 2Go Services Pty Ltd.
19. Termination of User’s Account with 2Go Services Pty Ltd
2Go Services Pty Ltd may at its discretion terminate your use or, or access to, the application and website at any time. If this happens we may notify you by email. If your use of the application and website is terminated:
1. you are no longer authorised to access the application and website or use any other 2Go Services Pty Ltd services with the email address you used to register with the site or any other email address you possess;
2. you will continue to be subject to and bound by all restrictions imposed on you by the Terms and Conditions; and
3. all licences granted by you and all disclaimers by 2Go Services Pty Ltd and limitations of 2Go Services Pty Ltd’s liability set out in the Terms and Conditions or elsewhere on the application and website will survive.
20. Customer Support & Complaints Policy
Our staff will endeavour to process questions or complaints from registered users of the application and website according to the following policy:
1. 2Go Services Pty Ltd will attempt to resolve any customer complaints and answer any questions within 2 business days (based on Perth, Western Australia) of the first contact made by a customer by email to info@Tradies2Go.com
2. All complaints and enquiries are logged and managed by the 2Go Services Pty Ltd Customer Relationship Management (CRM) software.
3. Technical complaints or product development suggestions will be considered for future software upgrades. Your suggestions may not result in changes to the software or 2Go Services Pty Ltd business practices, but we appreciate and encourage constructive customer feedback.
4. All other complaints are reviewed by 2Go Services Pty Ltd customer support representatives and may be escalated to a manager for resolution if required.
5. 2Go Services Pty Ltd reserves the right not to respond to customer support questions or complaints that in the sole and absolute opinion of 2Go Services Pty Ltd are intended to offend 2Go Services Pty Ltd employees or agents.
6. 2Go Services Pty Ltd reserves the right not to respond to questions or complaints made by individuals who, in the sole and absolute opinion of 2Go Services Pty Ltd, are not current users of the application and website, or have been suspended from using the application and website.
21. Our Dispute Resolution Policy
Disputes in relation to the actual services carried out by a business or any other issue will be referred, where appropriate, to external dispute resolution services or authorities.
22. Suspension and Termination of Tradie User Accounts
Tradie users of the application and website may have their access to the application and website and 2Go Services Pty Ltd services suspended for any length of time for any breach of the Terms and Conditions, as well as, but not limited to, any of the following reasons:
1. providing false or inaccurate information during business registration or when submitting information on the application and website;
2. providing false or inaccurate information to 2Go Services Pty Ltd employees or agents;
3. receiving in total more than 2 negative feedback ratings or complaints in a 6 month period from other application and website users in relation to services contracted by the users who initiate the negative feedback or complaint (means The Two Strikes and You’re Out Policy);
4. acting as an agent of another business or individual who is not a current paying business member of the application and website without the written approval of 2Go Services Pty Ltd; and,
5. accepting job leads via any means to any other person or entity for work that the business user is not qualified, or licenced to perform.
23. Tradie Refunds Policy
Paying businesses can access the quoting and messaging facilities on the application and website. Paying businesses agree that all products/services are non-refundable at the time that payment is made.
If you are dissatisfied with the application and website or 2Go Services Pty Ltd services you are free to discontinue using the application and website, and as such membership fees or other payments you have made to 2Go Services Pty Ltd are not subject to refunds.
Paying businesses can cancel their membership at any time by emailing firstname.lastname@example.org. Paying businesses that have prepaid for any length of time will not be refunded for the unused portion of their membership in accordance with the Refunds Policy.
Paying businesses who have nominated to “auto renew” their lead package will not be charged further provided they cancel by emailing info@Tradies2Go.com or advise 2Go Services Pty Ltd of their intention to cancel their membership before 5pm AEST on the last business day before their next renewal payment is due. 2Go Services Pty Ltd will notify the Paying business via their nominated email address the date of the next upcoming charges for recurring payments.
In the case of an event not specifically covered in the Refund Policy, refunds will be given at the discretion of 2Go Services Pty Ltd.
Refunds paid in accordance with this Refund policy will be paid within 60 business days via the same method the payment to be refunded was made to 2Go Services Pty Ltd in the first instance. Business users who claim a refund from their credit card provider or bank without contacting our Customer Support team first (unauthorised refund) will have their paid membership immediately suspended. 2Go Services Pty Ltd may issue an invoice to recover up to the full value of any unauthorised refund to the relevant business user. 2Go Services Pty Ltd may contract a debt collection agency or use other legal means to recover unauthorised refunds. 2Go Services Pty Ltd may charge you interest plus any costs we incur as a result of collecting your payment.
24. Updates to the Tradies2Go Application and Website
2Go Services Pty Ltd may from time to time, at its sole and absolute discretion and at any time change or discontinue any feature of the application and website including content, hours or availability and equipment required for access.
25. Arbitration Process
Any controversy or claim arising out of or in connection with these Terms and Conditions may at our discretion be settled by binding arbitration through a commercial dispute resolution centre selected by us. You agree to be bound by the ruling arbitrator. The costs of the dispute are borne by the originator of the dispute.
26. Discount Codes and Promotions
2Go Services Pty Ltd may at its discretion run promotions which entitle you to a discount on services purchased through the application and website. A promotion will entitle you to a discount and the following terms and conditions will apply:
27. Promotions & Competitions
- Discount code and promotions are not transferable or redeemable for cash.
- To apply a promo code or discount, you must enter the promo code or discount into the relevant field of the application and/or website
- The promotion or discount code will be valid until the termination date advised or communicated to you by email, or on the flyer or on the landing page that you saw the promotion or discount code on.
- A discount code or promotion is only valid for one transaction per customer.
- If the discount code or promotion stipulates that you must be a new customer of 2Go Services Pty Ltd, you agree not to set up a new account for the purpose of utilising the discount code or promotion and that if we detect any fraudulent activity, you acknowledge and agree to be charged (on the credit card you use to pay for the service) an amount that corresponds to the value of the discount or promotion that you redeem in contravention of these terms and conditions.
- We have the right to amend or withdraw a promotion at any time and for any reason without prior notice to you.
If 2Go Services Pty Ltd run promotions or competitions involving the awarding of prizes or other gifts, 2Go Services Pty Ltd may modify the Terms and Conditions and implement additional terms and conditions, which will be communicated to you by posting them on the application and website at the time of such promotions and competitions.
28. Third Party Links & Advertising
2Go Services Pty Ltd may display advertisements, which may or may not contain hyperlinks or buttons which take you to application and websites operated by third parties. 2Go Services Pty Ltd does not endorse or recommend its advertisers, their products or services, or the information, products or services of any application and website linked to the application and website.
If you contact a third party through the application and website, including via email, 2Go Services Pty Ltd accepts no responsibility for any actions taken by that third party in connection with you as the user.
Except as explicitly stated otherwise, any notices shall be given by email to 2Go Services Pty Ltd on the following address: info@Tradies2Go.com
30. Identity Check
As a Tradie member of 2Go Services Pty Ltd you’ll be required to confirm your identity and qualifications if you continue to quote on work for more than 2 days after first registering. If you can’t confirm your identity or qualifications by then you won’t be entitled to a refund.
31. Objectionable content
You may not post nude, partially nude, pornographic, sexually suggestive photos, violent, discriminatory, hateful, unlawful or infringing content via the application and website.
You must not stalk, bully, abuse, threaten, harass, defame, impersonate or intimidate people or entities and you must not post private or confidential information via the application and website, including, without limitation, your or any other person’s credit card information, non-public phone numbers or non-public email addresses.
32. Contacting Us
The Tradies2Go application and website is © Copyright 2Go Services Pty Ltd Pty Ltd 2018.
34. Representations and Warranties
You represent and warrant that:
a. By entering into this Agreement you have not been and will not be in breach of any Relevant Law or any obligation owed to any Person;
b. Where applicable, you are duly authorised to enter into this Agreement and the obligations under this Agreement are valid, binding and enforceable in accordance with its terms;
c. If you are an incorporated body, you validly exist under the laws of your place of incorporation and have the power and authority to carry on your business as that business is now being conducted and using any name under which that business is being conducted;
d. If you, a Related Body Corporate or any officer, employee or agent of you or a Related Body Corporate has at any time been listed on a database of terminated merchants maintained by any Card Scheme or have otherwise had the Bank Services terminated by another acquiring bank, you have disclosed that fact to us;
e. You have full legal capacity and power to undertake to comply with the Terms and Conditions and to carry out the transactions that the Terms and Conditions contemplate;
f. All corporate action has been taken that is necessary or desirable to authorise your compliance with the Terms and Conditions and your carrying out of the transactions that the Terms and Conditions contemplate;
g. You hold each Authorisation that is necessary or desirable to:
I. accept and comply with the Terms and Conditions and to carry out the transactions that the Terms and Conditions contemplate; and II. ensure that the Terms and Conditions are legal, valid, binding and admissible in evidence, and III. are complying with any conditions to which any of these Authorisations is subject;
h. The Terms and Conditions constitute legal, valid and binding obligations, enforceable against you in accordance with its terms;
i. Neither your acceptance of the Terms and Conditions, nor the carrying out by you of the transactions that the Terms and Conditions contemplate, does or will contravene:
I. any Relevant Law to which you or any of your property is subject or any order of any Government Agency that is binding on You or any of Your property;
II. any Authorisation;
III. any undertaking or instrument binding on you or any of your property; or
IV. Your constitution;
j. There are no actions, claims, proceedings or investigations pending or threatened against you or by, against or before any Person that may have a material effect on the subject matter of the Terms and Conditions;
k. You are not:
I. the subject of an Insolvency Event; or
II. agreeing to be bound by the Terms and Conditions as trustee of any trust or settlement unless otherwise approved by Us;
l. All information supplied by you to 2Go Services Pty Ltd, in the Application Form or otherwise, is complete, correct and is not misleading;
m. You intend to complete and are capable of completing any Transaction;
n. You will at all times comply with the provisions of the Terms and Conditions.
o. You acknowledge that 2Go Services Pty Ltd have allowed you to use and agreed to provide the Payment Service and to facilitate the Transactions in reliance on the representations and warranties that are made in this clause 15.
p. Despite any other provision of these Terms and Conditions, this clause 15 survives the expiry or termination of the Terms and Conditions.
q. The representations and warranties set out in this clause will be deemed to be repeated each day after the date you enter into this Agreement.
The Engagement commences on the Execution Date and continues until terminated in accordance with clause 36.
36. Termination and Suspension
2Go Services Pty Ltd may terminate this Agreement or suspend your rights under this Agreement or any part of it at any time if:
a. You are in breach of your obligations under or arising out of this Agreement;
b. In 2Go Services Pty Ltd reasonable opinion, the processing of your Transactions puts us or the Banks at risk;
c. You are or have engaged in conduct which exposes 2Go Services Pty Ltd to potential fines or penalties imposed under Relevant Law;
d. Your business or equipment is or has been targeted by a Person engaged in fraudulent or dishonest activity whether with or without your knowledge;
e. Your rights under this Agreement are the subject of a direction made under Relevant Law that the 2Go Services Pty Ltd services be suspended or terminated; or
f. 2Go Services Pty Ltd are directed to do so by the Banks or a Card Scheme for any reason.
Termination: 2Go Services Pty Ltd or you may terminate this Engagement:
a. With immediate effect by serving written notice on the other party if the other party:
I. Becomes unable to lawfully perform its obligations;
II. Is unable to pay its debts or it is presumed to be insolvent under any applicable law;
III. Breaches these Terms and Conditions and fails to remedy such breach within 7 days after receiving written notice from the terminating party specifying the breach and setting out the steps required to be taken in order to remedy the breach; or
b. Upon 7 days written notice, without reason.
Accrued Liabilities: Each party will retain any rights it may have against the other party in respect of
any accrued liability or any breach or non-observance of these Terms and Conditions arising or occurring prior to the expiration or termination of the Engagement.
Immediate Cancellation: This Agreement will terminate automatically and immediately if 2Go Services Pty Ltd’s registration as a payment service provider with all Card Schemes is cancelled or if 2Go Services Pty Ltd agreement with all of the Banks for the provision of merchant services is terminated for any reason.
You acknowledge that 2Go Services Pty Ltd will disclose termination of this agreement for any reason to the Banks and you authorise the Banks to disclose to any Card Scheme advice of termination of this Agreement and the reasons for the termination. You acknowledge that the information concerning termination of this Agreement then becomes available to any member of the Card Schemes. This information, available to any member of the Card Schemes, may be used in assessing subsequent applications for merchant facilities.
This clause 36 survives termination of this Agreement.
37. Rights of Each Party
You may not assign or charge your rights under this Agreement without 2Go Services Pty Ltd’s prior written consent.
2Go Services Pty Ltd takes several steps to prevent unauthorised disclosure or modification of sensitive information, including:
39. Force Majeure
1. Sensitive Information Storage: Credit card information is encrypted and stored in a system completely isolated from Tradies2Go.com. At no time is unencrypted card data stored on disk either inside our application and website or system or in a card storage system. Internally card information is referenced only through the use of a token. The token is not derived from card information in any way.
2. SSL: All requests to our application and website and API are forced to use HTTPS to ensure encrypted communications.
1. If provision of the our services is delayed or unavailable due to a Force Majeure Circumstance 2Go Services Pty Ltd will not be in default, nor be liable for any Loss incurred or suffered by you, for that reason only.
2. If provision of our service is delayed due to a Force Majeure Circumstance for a continuous period exceeding two (2) months, you may terminate the Engagement with immediate effect by serving written notice on Us.
If a party (” GST Supplier “) makes a supply to another party (” GST Recipient “) in connection with the Engagement, the GST Recipient must pay the GST Supplier an amount equal to any GST payable by the GST Supplier in relation to that supply (“GST Amount”), unless the amount payable by the GST Recipient for that supply is already expressed to be inclusive of GST.
The GST Amount must be paid at the same time and in the same manner as making payment of any monetary consideration on which the GST is calculated. If the GST Amount is not calculated on monetary consideration, the GST Recipient must pay the GST Amount within seven (7) days of receipt of a written demand from the GST Supplier.
The GST Recipient’s obligation to pay the GST Amount is conditional on the GST Supplier providing the GST Recipient with a tax invoice that complies with the Relevant Law. The GST Supplier must do all other things reasonably requested by the GST Recipient to enable the GST Recipient to obtain any input tax credit to which it is entitled.
The amount recoverable on account of GST under this clause 40 will include any fines, penalties, interest and other charges incurred as a result of late payment or other default by the GST Recipient.
If a party is required to pay, reimburse or indemnify another party for any cost, expense or other amount that the other party has incurred or will incur in connection with this Agreement, that amount will be reduced by any part thereof for which the other party (or representative member if this is not the other party) can claim an input tax credit.
41. Limitation of Liability
1. Any limitation on a party’s liability under these Terms and Conditions only operates to the extent permitted by law, and nothing in these Terms and Conditions purports to exclude, restrict or modify, or have the effect of excluding, restricting or modifying, any condition or warranty implied by legislation (including the Competition and Consumer Act 2010 (Cth.) and any State or Territory legislation concerning consumer protection, fair trading or the sale of goods or services) (“Implied Term”) where to do so would have the effect of rendering the relevant provision in these Terms and Conditions void or otherwise unenforceable.
2. Subject to clause 41.1:
a. All Implied Terms and any other conditions or warranties otherwise implied by law are excluded from these Terms and Conditions; and
b. 2Go Services Pty Ltd liability for a breach of any Implied Term of the kind referred to in clause 41.1 will be limited to the full extent expressly allowed for in the relevant legislation.
3. A party’s liability for any claim in connection with the Engagement will not extend to any indirect or consequential Loss.
4. Each party must take all reasonable steps to mitigate the effect on that party of any Loss for which another party may be liable.
5. 2Go Services Pty Ltd are not liable for any Loss arising from any error in connection with the Payment Service where such error results from the provision to 2Go Services Pty Ltd of any false, misleading or incomplete information or documentation or the acts or omissions of you or any Third Party.
6. Notwithstanding any other provision of these Terms and Conditions, to the extent permitted by law, 2Go Services Pty Ltd is not liable to you or any other Person for any:
a. Error, omission or inaccuracy with respect to the any information provided to or entered into the Payment Service by you;
b. Any failure, malfunction, fault in delivery, delay, omission, suspension, inaccuracy, interruption, termination or any other cause, in connection with the furnishing, performance, operation, maintenance, use of or inability to use all or any part of the Payment Service;
c. Loss or damage of any kind that is directly or indirectly caused by or results from any:
I. Errors or inaccuracies in information in the Payment Service or any interruption to the Payment Service;
II. Unauthorised access to or use of the Payment Service;
III. Cancellation of your use of the Payment Service; or
IV. Wrongful, wilful or negligent act or omission of 2Go Services Pty Ltd or any
of 2Go Services Pty Ltd officers, employees, agents or contractors; or
d. Indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data or loss or damage resulting from wasted management time irrespective of whether:
42. Dispute Resolution
I. the Loss or damage is caused by or relates to breach of contract, statute, tort (including negligence) or otherwise; or
II. 2Go Services Pty Ltd or any other Person were previously notified of the possibility of the Loss or damage, whether such a claim arises in contract, tort, negligence, strict liability, contribution or under statute or otherwise and whether the claim is brought directly or as a Third Party claim.
1. If a dispute arises between the parties in relation to the Engagement (Agreement Dispute), any party may by written notice to the other party specify the details of the Agreement Dispute (Dispute Notice).
2. If a Dispute Notice is given then the parties must meet within seven (7) Banking Days and negotiate in good faith to resolve the Agreement Dispute.
3. If the Agreement Dispute remains unresolved 14 Banking Days after receipt of the Dispute Notice, the parties agree to submit the Agreement Dispute to mediation administered by a single mediator, which will be agreed between the Parties.
4. In the event the parties cannot agree on a single mediator within 28 Banking Days after receipt of the Dispute Notice, then the parties must request the nomination by the Australian Commercial Disputes Centre of a mediator.
5. All parties agree to accept the determination of the mediator without question, and to take whatever actions or pay whatever charges the mediator determines is reasonable.
1. Each party indemnifies the other party against all claims, damages, suits, made against the other party and all Loss arising directly (except to the extent that the liability has occurred or arisen due to the negligence or unlawful act of the other party, its servant, agents or other contractors) from:
a. Any breach of these Terms and Conditions by that party;
b. Any negligence or unlawful action by that party, its employees, officers, agents and subcontractors;
c. Any representations made by that party in breach of these Terms and Conditions; and
d. Any other conduct of that party which is either not authorised under these Terms and Conditions or which is not authorised by the other party.
2. You indemnify 2Go Services Pty Ltd against any and all liability to you or any Third Party where such liability results from the provision of false, misleading or incomplete information or documentation to 2Go Services Pty Ltd by you or your agents or representatives.
1. Notices must be in writing, and delivered to a party by hand, ordinary pre-paid post, facsimile or e-mail to that party’s address or to the alternate address notified to the party giving the notice.
2. A notice will be taken to be duly given and received if:
a. delivered by hand, on the day of delivery if delivered before 5.00pm on a Banking Day, otherwise on the next Banking Day;
b. delivered by ordinary pre-paid post, on the second Banking Day after posting;
c. delivered by facsimile or e-mail, where the transmission report states that it was sent in full and without error, on the day the transmission was received if the report states that the transmission was completed before 5.00pm on a Banking Day, otherwise on the next Banking Day.
45. General Provisions
1. The parties agree and acknowledge that 2Go Services Pty Ltd is an independent contractor and that there is no employment relationship between you and 2Go Services Pty Ltd or any Person employed or engaged by 2Go Services Pty Ltd to assist in the provision of the Payment Service.
2. Neither party shall hold themselves out as partner, employer, employee, agent or principal of the other party except to the extent specifically authorised by the other party in writing nor at any time bind or purport to bind the other party to any agreement or transaction nor pledge the credit of the other party in any manner whatsoever nor permit the creation of any lien over any property of the other party.
3. These Terms and Conditions shall endure to the benefit of and be binding upon the parties to this Agreement and their respective successors and assigns.
4. These Terms and Conditions may be amended by 2Go Services Pty Ltd from time to time and published on www.Tradies2Go.com
5. These Terms and Conditions embody the entire understanding and the whole agreement between the parties and all previous negotiations, representations, warranties, arrangements and statements (if any) whether expressed or implied with reference to the subject matter or to the intentions of any of the parties are merged and otherwise are excluded and cancelled.
6. Each Person agrees to these Terms and Conditions:
a. As attorney, by so doing, warrants to the other parties that, as at the date of execution, the signatory has not received notice or information of the revocation of the power of attorney appointing that Person; and
b. As an authorised representative, agent or trustee of a party, warrants to the other parties that, as at the date of execution, the person agreeing to these Terms and Conditions has full authority to be bound by the document on behalf of that party.
7. These Terms and Conditions shall, so far as possible, be interpreted and construed so as not to be invalid, illegal or unenforceable in any respect, but if a provision, on its true interpretation or construction is held to be illegal, invalid or unenforceable:
a. That provision shall, so far as possible, be read down to the extent that it may be necessary to ensure that it is not illegal, invalid or unenforceable and as may be reasonable in all the circumstances so as to give it a valid operation; or
b. If the provision or part of it cannot effectively be read down, that provision or part of it shall be deemed to be void and severable and the remaining Terms and Conditions shall not in any way be affected or impaired and shall continue notwithstanding that illegality, invalidity or unenforceability.
8. Waiver and exercise of rights
a. A waiver of a provision or of a right arising under these Terms and Conditions may only be given in writing by the party granting the waiver.
b. Failure by a party to exercise or delay in exercising a right does not prevent its exercise or operate as a waiver.
9. The rights, remedies and powers of the parties under these Terms and Conditions are cumulative and do not exclude any other rights, remedies or powers available at law or in equity.
10. The Engagement is governed by the laws of Western Australia and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of that State.
11. I acknowledge that the information I have provided or will provide is true and correct.
12. I agree that I will only quote on work for which I personally meet the qualification and/or licensing and registration standards of my industry and relevant State Authority.
13. If I employ people to manage specific parts of a particular job e.g. electrical work, I acknowledge that I must possess a contractor’s licence if required by the relevant State Authority.