These terms and conditions are effective as of June 17th, 2017.
Thank you for your interest in OurProperty.com.au, an Internet platform (“Website”) owned and operated by OurProperty.com.au Pty Ltd, ABN 14 617 498 576, (“OurProperty.com.au,” “we,” or “us”). OurProperty.com.au provides Customers (collectively, “Customers,” and individually, “Customer” or “you”) an online venue to solicit quotes from professionals in various lines of work and commerce (collectively “Tradies”).
By registering on the Website, you become a Customer at no cost and will have the ability to request quotes for services. References to Websites shall include, but are not limited to, any and all uses of OurProperty.com.au.com via mobile applications, mobile devices, personal computers, email, telephones or other electronic devices.
1. Acknowledgement and Acceptance
1.1 Your Unconditional Acceptance
This Website and OurProperty’s services are offered to you for use only in Australia and New Zealand and are conditioned upon your unconditional acceptance, without modification, of the following terms, conditions, and notices (‘Terms”) contained in this OurProperty Terms of Service (“Agreement”). Please read this Agreement carefully. Regardless of whether you register with the Website, your use of the Website and any related services constitutes your agreement to all Terms.
You acknowledge and agree that OurProperty may amend this Agreement at any time by posting a revised version of this Agreement on the Website or by notifying Customers directly in OurProperty’s sole discretion. Your continued use of the Website after any changes are made to this Agreement shall constitute your consent to such changes.
OurProperty does not and will not assume any obligation to notify Customers of any changes to this Agreement, or the creation or modification of any additional terms. You are responsible for remaining knowledgeable about the Terms of the Agreement at the time of a transaction.
2. Use and Age Restrictions
Use of the Website is permitted only by individuals who can form legally binding contracts under applicable Law. Without limiting the foregoing, use of the OurProperty Website is not permitted by anyone under the age of 18. If you do not qualify, please do not use the Website.
3. Jobs and Quotes
Upon registration with OurProperty, a Customer may submit through the Website a request for quotes for service or work (“Job”) from Tradies. Customers must provide required information (e.g., what they want done, when they want it done, where they want it done) to submit a valid Job. All Jobs posted through the Website must be lawful and not in breach of any local government law, state, or Commonwealth law.
A submitted Job should be descriptive enough to allow a Tradie to ascertain the necessary details to submit a fully informed offer to provide the requested services (“Quote”). After submission of a Job, OurProperty will inform Tradies with profiles that match the services requested by Customer.
However, OurProperty does not and cannot represent or warrant that there will be Tradies who are capable of or willing to complete the requested services at the time and place requested or that Customer will receive Quotes from Tradies(s).
A Quote can be submitted by a Tradie in two forms: (1) a flat fee quote, or (2) an onsite estimate quote. A flat fee quote is used when a Job is specific enough to allow a Tradie to provide an accurate quote, which can include both material and labour costs when and if applicable, without an onsite visit.
An onsite estimate quote is used when a Tradie is only able to provide a detailed quote for a job upon completion of an onsite visit. All quotes will include GST.
3.3 Quoting Period
A Job includes a period of time in which Quotes may be submitted (“Quoting Period”) by Tradies; however, a Customer may accept a Quote at any time, thereby ending the Quoting Period before the fixed amount of time has passed. A Quote from a Tradie may be cancelled or retracted up until the point when the Customer accepts the Quote and the Job becomes an “Active Job.”
3.4 Agreement with Tradie
When a Customer accepts a Quote, he or she enters a binding legal agreement between the Customer and Tradie to pay the Tradie for the Service rendered. Accordingly, please consider carefully before your acceptance of a Quote from a Tradie.
3.5 Intellectual Property
By posting a Job you represent that the Job does not infringe on the intellectual property of any third party, including, but not limited to, the work product of a design professional or unauthorised reproduction of any other consultant, material supplier, or manufacturer. Your description of the Job must be truthful and accurate.
Any Job posted on the Website shall not:
a) be fraudulent;
b) infringe or breach any law;
c) be defamatory, unlawfully threatening or unlawfully harassing;
d) be obscene or contain child pornography, or;
e) contain any viruses, Trojan horses, worms, time bombs, cancelbots or
other computer programming routines intended to damage, detrimentally
interfere with, surreptitiously intercept or expropriate any system, data or
OurProperty requires Tradies to post a (“Services Profile”) on the Website. OurProperty does not review or verify the information or representations set forth in those Services Profiles, as they are self-reported by the Tradies. Although OurProperty may take certain steps to examine the credentials of Tradies, OurProperty makes no guarantees, promises, warranties or representations of any kind regarding the skills or representations of such Tradies if you elect to retain their services.
4.2 Background Checks
Mandatory background checks are performed on the Tradie’s principal/owner named during the Tradie’s registration with OurProperty before joining OurProperty’s Tradie network and periodically thereafter. Background checks on the principal/owner of the Tradie business reflect that individual’s background at the time of the search.
Accordingly, OurProperty does not and cannot warrant that the background check is up-to-date or current. Further, background checks are not applicable to any Tradie employees or workers except the principal/owner of the Tradie business named by the Tradie during registration.
Tradies are requested to post licensing information in their Services Profiles. Different jurisdictions may require state and/or local licensing for certain services. Customers are responsible for determining which licenses, if any, are required for their requested services.
Before you proceed with a project, you should confirm all licensing requirements with your state and local authorities and your selected Tradie. OurProperty always recommends that you ask the Tradie to provide you with a copy of their relevant license(s).
Tradies may post information and documents concerning insurance policies covering their operations. While OurProperty does not verify this information, Tradies are required to warrant that the information they submit is complete, accurate and current. Before you proceed with a project, you should confirm the Tradie’s existing insurance coverage and limits.
4.5 Relationship between OurProperty and Tradie
OurProperty and Tradie are separate entities and the employee of one of those entities is not an employee of another entity. OurProperty is not an agent of Tradie and vice versa. OurProperty and its affiliated companies provide only a referral service to Tradie.
In no event will OurProperty be considered a general contractor, construction manager, project manager, joint employer, joint venturer, or partner of Tradie or any of its affiliates or their respective personnel.
4.6 Customer Verification
You should verify that the information presented by the Tradie, including the information in the Tradie’s profile, is accurate. OurProperty does not warrant or represent information or documents provided by Tradies and expressly disclaims any warranties or representations as permitted by the law concerning such information.
Customers should conduct their own investigation of Tradies, to determine, amongst other things, whether Tradies are appropriately licensed for the requested services.
4.7 No Warranty or Endorsement of Tradie Services
OurProperty does not warrant or represent the services of any particular Tradie. You expressly agree that your use of this website is at your own risk.
5. Payments to Tradie
5.1 Payment Process Service
Upon registration with OurProperty, Customer may link an active bank account, debit card, credit card or other authorised method to make online payments to Customer’s OurProperty account. Customer must create an OurProperty account before submitting a Job.
OurProperty may limit a Customer’s use of the Website’s payment process services within OurProperty’s sole discretion. When Customer does not make payment through the OurProperty payment process service, Customer shall be solely responsible for making payment arrangements directly with Tradie.
5.2 Tradie Invoices
Payments for an Accepted Job will be due upon Customer’s receipt of an invoice from Tradie indicating that the Tradie’s work has been completed. Upon receipt of Tradie’s written invoice, Customer must make payment for the work completed by Tradie through its OurProperty account, or otherwise, pursuant to the terms of Customer’s agreement with Tradie.
Customer may be required by its agreement with Tradie to pay a deposit to Tradie prior to Tradie’s commencement of the work.
5.3 Tradie Charges
Customer should be aware that Tradie may charge interest or a late fee for late payments made by Customer to Tradie. OurProperty shall not be liable for any claims made by Customer relating to, or arising out of, charges to a Customer’s OurProperty account authorised by Customer’s agreement with Tradie.
6. OurProperty Guarantee
6.1 Referral Service Guarantee
OurProperty does not, and cannot, guarantee the work, materials supplied, or services rendered by the Tradie. OurProperty has no obligation or relationship whatsoever to the Customer with regard to the provision of work, material or services by the Tradie. However, OurProperty offers Customers a referral service Guarantee (“OurProperty Guarantee”).
The OurProperty Guarantee is intended to restore Customer’s confidence in the referral services provided by OurProperty. The OurProperty Guarantee does not cover faulty workmanship of the Tradie and damages to your product or property that arise from or relate to the services of the Tradie.
6.2 Agreement to Communicate with Tradies
Customers dissatisfied with a job performed by a Tradie agree to initiate communication with the Tradie to resolve any problems. If direct communications and efforts between the Customer and the Tradie do not satisfy Customer’s concerns, Customer may contact OurProperty in writing to express dissatisfaction with the Customer’s referral experience.
In response, OurProperty may contact Customer and Tradie to facilitate further communication regarding Customer’s dissatisfaction. However, OurProperty is not responsible or liable to either the Customer or the Tradie if a mutually acceptable resolution is not reached.
7. Interactions and Disputes with Tradies
7.1 Dispute Resolution
With exception of the OurProperty Guarantee, OurProperty will not directly participate in the resolution of any disputes between Customers and Tradies (collectively “Users”) and is not responsible for disputes, claims, losses, injuries or damage of any kind that might arise out of or relate to conduct of Users.
7.2 Relationship between Tradies and Customers
Customer is solely responsible for their interactions with Tradies.
8. Limitation of Liability
Neither party shall be in breach of this Agreement due to failure of performance that arises out of causes beyond its reasonable control.
To the maximum extent permitted by applicable law, in no event will OurProperty be liable to Customer or any third party for any incidental or consequential loss (which includes loss of profit, loss of opportunity or damages otherwise that may arise under the second limb of the rule in Hadley v Baxendale), whether in Tort or in contract.
In no event shall OurProperty’s liability, if any, exceed the amount payable to the Tradie for any relevant service.
9. No Warranties
To the maximum extent permitted by applicable law, except as specifically stated in this Agreement, the OurProperty website operates “as is” without warranty of any kind either express or implied, including but not limited to the implied warranty of merchantability, non-infringement and fitness for a particular purpose.
10. Content on Website
10.1 Proprietary Rights
This Website and the material within it, with exception of User Content as defined below, are under the copyright of OurProperty Pty Ltd (“OurProperty”). Viewing this Website creates a copy of OurProperty materials in your computer’s random access memory and/or your hard drive and/or in your proxy server.
The Website contains the copyrighted material, trademarks, service marks, logos and other proprietary information (the “Intellectual Property”) of OurProperty.
Nothing on this Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed on the Website, without the prior written permission of the Intellectual Property owner.
Other product and company names mentioned in this Website may be the Intellectual Property of their respective owners.
10.2 Copyright Policy
Except for that information which is in the public domain, you may not post, copy, modify, publish, transmit, distribute, perform, display, sell or reproduce in any way any Intellectual Property without obtaining the prior written consent of the owner of such Intellectual Property.
OurProperty can remove any User Content you post on the Website if it breaches this statement.
If you believe your work has been copied and posted on the Website in a way that constitutes infringement, please provide our Copyright Agent with the following information:
A Copyright Agent for notice of claims of infringement can be reached as follows:
OurProperty, Pty. Ltd., Attention: Legal, PO BOX 3325, Sunnybank South, Qld 4109, Australia.
Users may post information, reviews, comments, messages, photos, profiles; send emails, e-cards and other communications; and submit materials, suggestions, ideas, comments, questions, or other information (collectively “User Content”), as long as the User Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.”
You agree that all of the User Content and information posted on the Website (including any ratings, reviews and/or other User Content posted by you), is the sole and exclusive property of OurProperty or the party posting such content. OurProperty reserves the right (but not the obligation) to remove, change or edit such User Content in its sole discretion.
10.4 Website Content
Reliance on Content, Etc. Opinions, advice, statements, reviews, offers, or other information or User Content made available through the Website, but not directly by OurProperty, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such User Content.
OurProperty does not:
i. Guarantee the accuracy, completeness, or usefulness of any information
on the Website; or
ii. Adopt, endorse or accept responsibility for the accuracy or reliability of
any opinion, advice, or statement made by any party that appears on the
Under no circumstances will OurProperty or its agents and licensees be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Users.
10.5 Documents and Information Available on this Website
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the Website is granted, provided that:
1. The Copyright Policy above and this paragraph are included with such
2. Use of such documents from the Website is for your informational and
non-commercial or personal use only and will not be copied or posted on
any network computer or broadcast in any media; and,
3. No modifications of any documents are made.
Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Documents specified above do not include the design or layout of the OurProperty Website or any other OurProperty owned, operated, licensed or controlled site (the “OurProperty Websites”).
Elements of OurProperty Websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part.
No logo, graphic, sound or image from any OurProperty Website may be copied or re-transmitted unless expressly permitted by OurProperty.
10.6 Information You Provide to OurProperty
Upon using or registering for an account on the Website, you will be prompted to disclose certain information about yourself and your service requirements if you request services. Some of this information will be sent to Tradies, who will need this information to respond to you or to other persons or entities in connection with the Website.
By providing this information to OurProperty, or by submitting a Job, you are requesting, and you expressly consent to having details of your Job sent to Tradies.
You further consent to OurProperty’s use and display on the Website of anonymous data records from information collected from your Job, including your first name and the nature of the services you requested in your city. Such information helps other Customers and Tradies evaluate and utilise OurProperty’s services.
If you accept a Quote from a Tradie, OurProperty will send additional identifying information such as your full name, contact phone number, email address, and physical address of the job location to the Tradie whose Quote you selected.
This information will be sent to the Tradie whose quote you selected even if you are listed on any “Do Not Call” list, in order that OurProperty may provide the services set forth on the Website, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to your Job and OurProperty’s business, including marketing related emails.
You promise that all information you provide will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or OurProperty has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, OurProperty has the right to refuse any current or future use of the OurProperty services (or any portion thereof) by you.
You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorised use of your account.
In the event that you provide OurProperty with any feedback regarding the OurProperty service or the Website, including without limitation, any flaws, errors, bugs, anomalies, problems with and/or suggestions for the service or the Website (“Feedback”), you hereby assign to OurProperty all rights in the Feedback, including but not limited to, the right to use such Feedback and related information in any manner we deem appropriate.
10.7 Content Posted by You on the Website
You understand and agree that OurProperty may review, edit, change and/or delete any User Content in its sole discretion.
By posting User Content to any public area of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to OurProperty, its agents, licensees and successors, an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, fully sub-licensable, worldwide license to use, copy, perform, sell, rent, lease, display, reproduce, adapt, publish, translate, modify and distribute such information and User Content and to prepare derivative works of, or incorporate into other works, such information and User Content throughout the world in any media, and to grant and authorise sublicenses of the foregoing.
You further represent and warrant that public posting and use of your User Content by OurProperty will not infringe or breach the rights of any third party. You grant OurProperty and sub-licensees the right to use the name that you submit in connection with such content, if they choose. OurProperty takes no responsibility and assumes no liability for any content posted by you, any User or third party.
You are solely responsible for the User Content that you post on the Website or transmit to other Users. You will not post on the Website, or transmit to other Users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material, or any material that infringes or breaches another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
You will not provide inaccurate, misleading or false information to the OurProperty or to any User. If information provided to OurProperty, or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify OurProperty of such change.
The following is a partial list of the kind of User Content that is illegal or prohibited on the Website. OurProperty reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who breaches this provision, including without limitation, removing the offending communication from the Website and terminating the membership of such violators.
It includes, but is not limited to, User Content that:
Your use of the Website, including but not limited to the User Content you post on the Website, must be in accordance with any and all applicable laws and regulations. All information you include in your account information must be accurate, current and complete.
OurProperty reserves the right to investigate and terminate your membership if you have misused the Website, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal, or in the opinion of OurProperty brings disrepute to the website.
You acknowledge that a breach of the foregoing User Content provisions could result in significant damages, and you agree that you are liable to OurProperty for any such damages. We reserve the right to revoke your access to the Website and services at any time. With exception of information that is generally accessible to the public, all information about Tradies is confidential and for your personal use only.
If it is determined or suspected by OurProperty in its sole discretion that you are misusing or attempting to misuse or circumvent the OurProperty services or system, or are using or attempting to use them for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, OurProperty reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
10.8 Modifications to Website
OurProperty reserves the right at any time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that OurProperty shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
10.9 Blocking of IP Addresses
In order to protect the integrity of the Website, OurProperty reserves the right at any time in its sole discretion to block Users from certain IP addresses from accessing the Website.
OurProperty is compliant with all State and Commonwealth laws on privacy.
OurProperty is not responsible for any incorrect or inaccurate content posted on the Website or in connection with the Website, whether caused by Users of the Website, or by any of the equipment or programming associated with or utilised in the Website.
OurProperty is not responsible for the conduct, whether online or offline, of any Customer, Tradie or other third-party users of the Website. OurProperty assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, User communications.
OurProperty is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to Users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Website.
Under no circumstances will OurProperty or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the OurProperty Websites, any content posted on the Website or transmitted to Users, or any interactions between Users of the Website, whether online or offline.
The OurProperty Websites are provided “AS-IS” and OurProperty expressly disclaims any warranty of fitness for a particular purpose or non-infringement. OurProperty cannot guarantee and does not promise any specific results from use of the OurProperty Websites.
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice.
OurProperty makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist
The Website may provide, or third parties may provide, links to other World Wide Web sites or resources, including, by way of example, the placement of a widget or live feed from a customer ratings website.
Because OurProperty has no control over such sites and resources, you acknowledge and agree that OurProperty is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
You further acknowledge and agree that OurProperty shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource.
11. Termination of Account
This Agreement will remain in full force and effect while you use the Website and/or are a Customer of OurProperty. You may terminate your account at any time, for any reason. To cancel an account, please send a written notice of termination to OurProperty, Pty. Ltd., PO BOX 3325, Sunnybank South, Qld 4109, Australia, or email notice of termination to support@OurProperty.com.au
If you terminate your account, your account will be disabled within 14 days. OurProperty may terminate your account or this Agreement at any time, with or without cause, by sending notice to you at the email address you provide in your account registration, or such other email address as you may later provide to OurProperty.
All decisions regarding the termination of accounts shall be made in the sole discretion of OurProperty. OurProperty is not required to provide you notice prior to terminating your account. OurProperty is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your account is terminated, this Agreement will remain in effect.
12. OurProperty Customer Care Representative
OurProperty may provide assistance and guidance through customer care representatives. When communicating with our customer care representatives, you may not be abusive, obscene, profane, offensive, sexist, threatening, harassing, and racially offensive or otherwise behave inappropriately.
If we feel your behaviour toward any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership. You acknowledge and agree that OurProperty may monitor and/or record any telephone calls between you and OurProperty.
13. Jurisdiction and Choice of Law
If there is any dispute arising out of this Agreement or the use of the Website, by using the Website you expressly agree that any such dispute shall be governed by the laws of the Queensland, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction of Queensland, for the resolution of any such dispute.
Customer agrees to indemnify, defend and hold harmless OurProperty, its parents, subsidiaries, agents, officers, employees, from and against any loss, liability, claim, demand or suit, including reasonable legal fees, resulting from or arising out of any act or omission of Customer, except to the extent such loss is caused by OurProperty’s sole negligence.