Welcome to TradeNow! Our mobile app and website allow customers to find and engage with trusted tradespeople in their local area for household and commercial needs. TradeNow offers 24hr payment to tradespeople, while customers can arrange for services today and pay for them later.

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These terms and conditions (Terms) are entered into between Trade Now Enterprises Pty Ltd ABN 64 629 746 363 (we,us or our) and you, (together the Parties and each a Party). These Terms supplement and incorporate our privacy policy posted on the Platform.

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We provide a platform where tradespeople who wish to provide trade services (Trades) and customers looking to engage tradespeople to provide services to them (Customers) can connect and transact (Platform). The Platform is available at www.tradenowapp.com and via other channels or addresses including our mobile application and our application programme interfaces.

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In these Terms, means (as applicable) (1) the person or entity registered with us as either a Customer or Trade; or (2) the individual accessing or using the Platform.

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If you are using the Platform on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.

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Capitalised terms have the meaning given to them in these Terms or as defined in the Definitions section below.

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Acceptance

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You accept these Terms by checking the box on the Platform when you register, indicating your acceptance.

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You must be over 18 years old to use the Platform.

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We may amend these Terms at any time, by providing written notice to you. By continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended terms. If you do not agree to the amendment, you may terminate these Terms in accordance with the “Termination” clause.

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If you access or download our mobile application from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service: or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.

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Platform summary

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The Platform is a marketplace where Customers and Trades can find each other, and advertise, buy and sell trade services online. We provide the Platform to users (including hosting and maintaining the Platform), assist Customers and Trades to form contracts for the supply of services and assist Customers and Trades to facilitate payment (together the TradeNow Services). You understand and agree that we only make available the Platform and the TradeNow Services. We are not party to any agreement entered into between a Customer and a Trade and we have no control over the conduct of Trades, Customers or any other users of the Platform.

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Customers and Trades may enter into written agreements between them in relation to the Trade or other services. To the extent there is inconsistency between any of those additional terms and conditions and these Terms, these Terms will prevail.

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A Trade wanting to provide services creates an Account on the Platform and posts an accurate and complete description of the services they can provide, their contact details and a link to their website (Trade Listing).

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A Customer wanting to buy services creates an Account on the Platform to view and browse Trade Listings based on the type of trade services they are looking for and their postcode.

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A Customer may request services described in a Trade Listing by sending a request through the Platform or contacting the Trade using the contact details provided. The request is an offer from the Customer to the Trade to book the services described in the Trade Listing at the time agreed between the Parties (Booking Request).

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If the Trade accepts the Booking Request through the Platform, it becomes a Booking.

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By accepting a Booking Request, the Trade confirms that he/she/it is legally entitled to and capable of supplying the services described in the Booking Request.

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During the Booking, the Trade will provide a quote for their services to the Customer. If a Customer accepts the quote, the Customer is agreeing to pay the fees set out in the quote and the Trade will begin work.

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If applicable, Trades must clearly state that there are additional terms and conditions. By accepting a quote, a Customer is accepting the additional terms and conditions of the relevant Trade.

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Accounts

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You must register on the Platform and create an account (Account) to access the Platform’s features.

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You may only have 1 Account as a Trade and 1 Account as a Customer on the Platform.

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You must provide basic information when registering for an Account including your name, contact name, phone number and email address and you must choose a username and password. The username you choose must not (1) be offensive or in other ways insulting or (2) contain characteristics which belong to a third party, including business names that are not yours, names of famous persons, or personal names to which you do not own the rights.

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You agree to provide accurate, current and complete information during the registration process and regularly update such information to keep it accurate, current and complete.

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Your Account is personal and you must not transfer it to others, except with our written permission. If a legal entity such as a company has created an account, you, the legal entity, are the Account owner, and regardless of any change in any contact details, you will remain responsible for your Account as set out in these Terms. If you wish to change the Account owner, you must provide us with a written request to transfer the ownership of the Account to the incoming party, which must also include the incoming party’s written consent to take over full responsibility for the Account.

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You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.

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If you are a Trade, we will review your request for an Account before approving the request. We may request additional information, including your business name and address, your ABN and/or ACN, licensee name and number (if applicable), your trade area of expertise and evidence of your registration with our preferred “buy now, pay later” third party provider. If your trade requires a licence, we may perform a trade related licence check with the relevant state organisation. If you do not provide us with information we reasonably request, we may refuse to create an Account for you. If you provide us with any information which indicates you are not a fit and proper person to be provided with an Account, we may refuse to provide you with an Account, in our sole discretion. If you meet our requirements, we aim to provide you with confirmation of your Account by email within 24 hours of you registering on the Platform. Once your Account is created, your Account information will be used to create a profile which you may then curate.

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We may make access to and use of certain parts of the Platform subject to conditions or requirements, cancellation history and quality of the services.

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Trade licence verification

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If we conduct trade licence verification or background checks on any Trade, to the extent permitted by law, we disclaim all warranties of any kind, either express or implied, that such checks will identify the quality or reliability of services previously provided by a Trade or act as a guarantee that a Trade will not engage in the provision of poor or unreliable services in the future. Any Trade Listing on the Platform is not an endorsement or recommendation that the Trade is trustworthy, suitable or qualified. You should conduct your own due diligence before using a Trade’s services.

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Communication

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We may contact you via the Platform using in-Account notifications, or via off-Platform communication channels, such as text message or email.

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Customers and Trades can communicate privately using our private messaging service or offline using the listed contact details.

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Payment

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It is free to register an Account on the Platform, for Trades to create Trade Listings, or for Trades and Customers to review content on the Platform, including Trade Listings.

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When a job has been completed, the Customer must mark the job as complete through the Platform which will automatically generate an invoice for the Customer. As a Customer, you agree to pay the relevant fees set out in the invoice to the Trade  at the time that the Booking has been marked as complete. If, after 48 hours of a Booking, the Booking has not been marked as complete, the Booking will be deemed complete unless a Trade or Customer notifies us of a dispute during this time.

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We provide a buy now pay later payment method on the Platform, through a third party payment processor. The buy now pay later method may be subject to additional terms and conditions imposed by the applicable third party payment processor. By making payment through a third party buy now pay later payment processor, you accept the applicable terms and conditions of that payment processor. The third party buy now pay later payment processor may require you to make an upfront payment and allow you to pay in instalments. By using our third party payment processor, you understand that we may receive a service fee in the form of a commission from our third party payment processor.

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As a Trade, you must sign up with our buy now pay later payment processor in order for the invoice fees to be transferred to you. By signing up to the third party buy now pay later payment processor’s applicable terms and conditions, you agree that they are responsible for paying you for the project you have completed.

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In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the payment.

If any payment has not been made in accordance with this clause, we may (at our absolute discretion) immediately cease providing the Platform, and recover, as a debt due and immediately payable from you, our additional costs of doing so.

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If any payment has not been made in accordance with this clause, we may (at our absolute discretion) immediately cease providing the Platform, and recover, as a debt due and immediately payable from you, our additional costs of doing so.

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Refunds and Cancellation Policy

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The cancellation, variation or refund of any services ordered on this Platform is strictly a matter between the relevant Customer and Trade. Our third party payment processor may have their own terms and conditions that may apply to the provision of refunds.

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For disputes between Customers and Trades, we encourage them  to attempt to resolve disputes (including claims for returns or refunds) between themselves directly and in good faith, either on the Platform or through external communication methods. In the event that a dispute cannot be resolved through these means, the Customers and Trades in dispute  may choose to resolve the dispute in any manner agreed between them or otherwise in accordance with applicable laws.

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Content

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We may allow you to (1) post, upload, publish, send or receive relevant content and information (User Content) on or through our Platform; and/or (2) access and view User Content and the content and information we make available on the Platform (TradeNow Content and together with User Content, Content).

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Unless otherwise indicated, we own or licence all rights, title and interest (including Intellectual Property Rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.

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You must not, without the prior written consent of ourselves or the owner of the Content (as applicable) or except as expressly permitted by these Terms, (1) copy or use, in whole or in part, any Content; (2) reproduce, reverse engineer, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or (3) breach any Intellectual Property Rights connected with our Platform, including by altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website, or creating derivative works from the Content.

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Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to download and use our Platform on your personal device(s) and access and view any Content solely for your personal use, in accordance with these Terms. All other uses are prohibited without our prior written consent.

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You grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty free, sublicensable and transferable right and licence to use, view, distribute, communicate, copy, store, modify and exploit in any manner the User Content to provide the Platform and promote the Platform in any media or promotional material.

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You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that (1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and (2) neither the User Content nor the posting, uploading, publication, sending or receiving of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

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Despite anything to the contrary, to the maximum extent permitted by law, you agree to indemnify us and hold us harmless in respect of any Liability that we may suffer, incur or otherwise become liable for, arising from or in connection with the User Content you make available on or through the Platform, including as a result of an Intellectual Property Breach.

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The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, to the extent permitted by law, we make no representation or warranty regarding the Content. The Content is subject to change without notice. We do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.

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Warranties

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You represent, warrant and agree that:

1. you will not use our Platform, including the Content, in any way that competes with our business;

2. there are no legal restrictions preventing you from entering into these Terms; 

3. all information and documentation that you provide to us in connection with these Terms is true, correct and complete;  

4. you have not relied on any representations or warranties made by us in relation to the Platform (including as to whether the Platform is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms;

5. you will be responsible for the use of any part of the Platform, and you must ensure that no person uses any part of the Platform: (1) to break any law or infringe any person’s rights (including Intellectual Property Rights) (2) to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted; or (3) in any way that damages, interferes with or interrupts the supply of the Platform;

6. where you are a Customer, any premises which you request a Trade to attend in a Booking will be accessible to the Trade in accordance with these Terms and is a safe location free from hazards (including unsecured animals);

7. where you are a Trade, you are responsible for complying with all laws, rules and regulations which apply to providing the services in your Bookings;

8. where you are a Trade, you are appropriately qualified, and have any required licences, skills, knowledge or training, to provide the services; and

9. where you are a Trade, you are solely responsible for determining which projects to accept, the type, timing, manner and means, methods or processes of providing your services, the price you charge for parts and/or services. You are not our employee and are not entitled to any employment benefits. We do not supervise, direct or control any of the services you offer. We do not set your fees, work hours, your schedule or your location. We do not provide you with training, equipment or tools or any materials to provide your services. You are responsible for any taxes payable on any fee you receive for your goods and/or services; and

10. where you are a Trade, we are not in a partnership or a joint venture with you, and you have no authority to assume or create any obligations on our behalf
     

Australian Consumer Law

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Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified (Statutory Rights).

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If the ACL applies to you as a consumer, nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms. 

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Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.

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As a Customer, the goods and services provided by a Trade may also confer on you certain rights under the ACL.

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This clause will survive the termination or expiry of these Terms.

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Exclusions to liability

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Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with: 

1. your or your personnel’s acts or omissions;  

2. the use or results of any third party licence or business verification service;

3. any use or application of the TradeNow Services by a person or entity other than you, or other than as reasonably contemplated by these Terms;  

4. any aspect of the Customer and Trade interaction including the services offered by the Trade, the description of the parts and/or services requested or offered, any advice provided, the performance of services or supply and delivery of any parts by the Trade;

5. any works, services, goods, materials or items which do not form part of the TradeNow Services (as expressed in these Terms), or which have not been provided by us; 

6. any third parties or any goods and services provided by third parties, including customers, end users, suppliers, transportation or logistics providers or other subcontractors which the provision of the Platform may be contingent on, or impacted by;

7. failure by a Customer to pay an invoice;

8. the TradeNow Services being unavailable, or any delay in us providing the TradeNow Services to you, for whatever reason; and/or

9. any event outside of our reasonable control.

This clause will survive the termination or expiry of these Terms.

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Limitations on liability

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Despite anything to the contrary, to the maximum extent permitted by law: 

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1. we will not be liable for Consequential Loss;

2. our liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of you (or any of your personnel); and

our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplying the TradeNow Services to you or, in our sole discretion, to us paying you $100. 

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This clause will survive the termination or expiry of these Terms.

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Termination

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Your Account and these Terms may be terminated by you at any time, using the ‘cancel Account’ functionality (or similar) in the Account page section of your Account settings. As a Trade, any Trade Listing posted will be removed when you cancel your Account.

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We may terminate these Terms at any time by giving 30 days’ written notice to you (Termination for Convenience).

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We may suspend your Account or terminate these Terms immediately upon written notice to you, if:

1. you (or any of your personnel) breach any provision of these Terms and that breach has not been remedied within 10 business days of being notified by us;

2. we repeatedly receive complaints about you or you are repeatedly in disputes with the other Party;

3. there is any reason outside our control which has the effect of compromising our ability to provide the TradeNow Services; or

4. you are unable to pay your debts as they fall due.

 

These Terms will terminate immediately upon written notice by you, if we:

1. are in breach of a material term of these Terms, and that breach has not been remedied within 10 business days of being notified by you; or

2. are unable to pay our debts as they fall due. 

 

Upon expiry or termination of these Terms:

1. we will remove your access to the Platform;

2. we will immediately cease providing the TradeNow Services;

3. we will cancel any existing Bookings; and

4. where we terminate the Terms for any reason other than a Termination for Convenience, you also agree to pay us our additional costs arising from, or in connection with, such termination.

 

Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it. 

 

This clause will survive the termination or expiry of these Terms.

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Trade insurance

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As a Trade, we may request that you provide evidence of your insurance. Where we do so, we are not confirming that the insurance you have is sufficient or suitable for the goods and/or services you choose to provide to Customers. If we do not ask you to provide evidence of insurance this does not indicate that we believe you do not require insurance. You acknowledge and agree it is your responsibility to make your own investigations and receive professional advice on the insurance you require.

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Notice regarding Apple

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To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.

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Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.

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If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.

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Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

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Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.

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You agree to comply with any applicable third-party terms when using our mobile application, including any Usage Rules set forth in the Apple App Store Agreement of Service.

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Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

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You hereby represent and warrant that (1) 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 (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

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General

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Assignment: You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our prior written consent.

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Disputes: In relation to a dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) between a Customer and us, or a Trade and us, a Party may not commence court proceedings relating to a Dispute without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Queensland Law Society to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

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Email: You agree that we are able to send electronic mail to you and receive electronic mail from you. You release us from any Liability you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.

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Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control.

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Governing law: These Terms governed by the laws of Queensland. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. 

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Notices: Any notice given under these Terms must be in writing addressed to us at the address at the end of these Terms or to you at the address in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

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Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.

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Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

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Definitions

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Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

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Intellectual Property means any domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.

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Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.

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Intellectual Property Breach means any breach by you (or any of your Personnel) of any of our Intellectual Property Rights (or any breaches of third party rights including any Intellectual Property Rights of third parties).

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Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

 

For any questions or notices, please contact us at:

Trade Now Enterprises Pty Ltd ABN 64 629 746 363

Email: info@tradenowapp.com

Last update: 29 October 2019

© LegalVision ILP Pty Ltd