Effective date: 16 December 2024
This Tradelink App ("App") is created and developed by Tradelink Pty Ltd (‘our’, ‘us’, ‘we’). By downloading, installing or using the App, you signify that you agree to abide by these Terms and Conditions with respect to the App. You also acknowledge and agree that third party distributors who offer the App may impose their own terms and conditions if you acquire and use the App from them through their Application stores.
These Terms and Conditions govern your access to and use of this App. Each time you access this App, we grant to you a limited, non-exclusive licence to view and use this App upon the terms set out in these Terms and Conditions at the time of access.
Therefore, every time you access this App, please check these Terms and Conditions to ensure you are aware of the current terms and conditions that apply at that time.
1. Compatible devices
1.1 The App is designed for Android and Apple iOS mobile devices. Support is provided for the current Android and Apple iOS operating systems and Support is not provided for earlier operating systems or other mobile devices. We may, at our sole discretion, discontinue support for the App, or a particular version of it, at any time and without notice.
1.2 The App will be available for download to devices with appropriate security access features, as determined by us from time to time.
2. Updates and availability
2.1 You acknowledge and understand that we may from time to time issue updates to the App or new versions of the App. You accept and agree to install, update and enable any updates or new versions of the App as required by us. You accept and agree to do this to continue accessing the App.
2.2 You acknowledge and understand that we have the right to modify, suspend or discontinue the App or any portion thereof at any time, including the availability of any area of the App. We may also impose limits on certain features and services or restrict your access to parts or all of the App without notice or liability. We shall be entitled, at our sole discretion and without notice, to correct any errors or omissions in any portion of the App or any data or information it contains or provides.
2.3 You accept and agree that the App may be unavailable during scheduled and unscheduled maintenance. You acknowledge and understand that we may undertake maintenance activities without notice.
3. Data charges and access
3.1 The App requires a functional internet data connection for the initial installation, to receive updates and notifications, and to add, update and authenticate any information included in the App.
3.2 Depending on your specific circumstances, your telecommunications provider may charge you a fee for downloading, installing and using the App. You acknowledge and agree you are entirely responsible for any such costs.
3.3 We disclaim any and all responsibility for or associated with your arrangements with your telecommunications provider including network access and data allowances.
4. Ownership of Content
4.1 All material on this App, including the information, documents, text, code, graphics, designs, illustrations, brands, logos, trade marks, layout, photographs, video, music, sound, trading names, downloads, pricing information, products and services (Content) is owned by or licensed to us or we have permission to include it on this App.
4.2 You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store any Content for any purpose, other than with our prior written consent or as permitted by law. All our rights are reserved.
4.3 This App may include registered and unregistered trade marks which are owned by us and you are not permitted to use them without our prior written consent. In addition, trade marks used on this App to describe third parties and their products are trade marks of those third parties and you are not permitted to use them without the prior written consent of those third parties.
5. Your use of this App
5.1 We grant to you a non-exclusive, non-transferable, non-sublicensable, revocable, limited licence to download, install and use the App on your compatible mobile device or tablet in accordance with these Terms and Conditions and subject to you complying with them.
5.2 You acknowledge and agree that no licence is granted to you by these Terms and Conditions in the human readable code, known as the source code, of the mobile content accessed or downloaded on your mobile device.
5.3 If you do not accept or agree to these Terms and Conditions you are not entitled to access or use the App or complete the App's onboarding process, if Applicable.
5.4 You must not (and must not permit a third party to):
(a) use this App or its Content in breach of any applicable laws or regulations;
(b) use this App to harm, abuse, harass, stalk, threaten or otherwise offend others;
(c) misuse this App by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technically harmful;
(d) attempt to gain unauthorised access to this App, the server on which this App is stored or any server, computer or database connected to this App;
(e) use any method or process (including data scraping, web-bots, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repackaging the Content;
(f) circumvent, disable or otherwise interfere with security-related features of this App; and
(g) do anything which will or may damage or disrupt access to this App or interfere with or create an undue burden on the proper operation of this App.
6. Links and Third Party Content
6.1 You must not link to, frame or mirror any part of this App without our prior written consent.
6.2 This App may contain links to Apps operated by third parties (Third Party Apps) and may contain links to the content of third parties found on other Apps or at other places (Third Party Content). Third Party Content and Third Party Apps are not under our control. Subject to clause 7:
(a) we do not endorse, Approve or make any warranty or claim regarding Third Party Content, Third Party Apps or the products, services or information available on any Third Party App, or in respect of the owner or operator of a Third Party App or their conduct; and
(b) if you use or rely upon Third Party Content or Third Party Apps, you do so solely at your own risk.
7. User-generated Content
7.1 If this App permits you to upload, post or otherwise make any material available for public view via this App, then if you do so, you grant us a non-exclusive, worldwide, royalty-free, perpetual licence to use, store, reproduce, publish and edit that material and communicate it to the public.
7.2 If you are in breach of these Terms and Conditions or use this App contrary to any Applicable laws, or if we consider it to be reasonably necessary for cybersecurity reasons, we reserve the right to block or suspend any user of this App, and to modify or remove any material uploaded, posted or otherwise made available for public view on this App by any user. We also have the right to disclose your identity to any third party if required by law.
7.3 Subject to clause 12, we are not responsible for, and accept no liability with respect to, any material uploaded, posted, or otherwise made publicly available on this App by third parties except to the extent caused or contributed to by us. We do not endorse any opinion, view, advice or statement made by any third party.
7.4 You agree to indemnify us against any third party claims made against us in connection with material that you upload, post or otherwise make publicly available via this App. Your liability under this indemnity will be reduced to the extent the claim was caused or contributed to by us.
8. Cookies
8.1 This App may use 'cookies' as part of its interaction with your internet browser. Cookies enable us to provide you with a customer-oriented service. A 'cookie' is a small text file placed on your computer by our web server. A cookie can later be retrieved by this App's servers. Cookies do not alter the operation of your computer or mobile device in any way.
8.2 Cookies are frequently used on Apps and you can choose if and how a cookie will be accepted by configuring your preferences and options in your browser. Most web browsers allow you to disable cookies on your computer. If you accept cookies, you will be able to make full use of this App. If you disable cookies, you may be unable to use this App to the fullest and optimum extent.
8.3 Cookies may be used to record non-personalised information such as the date or the pages accessed for this App's administration, statistical and maintenance purposes. Any such information will be aggregated and not attributed to individual users.
8.4 We may also use the cookies on this App (as well as data collected through these cookies) for commercial purposes, including targeting and displaying advertising on our App and on third party Apps, social media platforms and advertising networks.
9. Disclaimer
9.1 Subject to clause 7:
(a) This App is provided on an "as is" and "as available" basis. We do not guarantee that this App will be secure or free from bugs or viruses or function without interruption or errors. You are responsible for configuring your information technology, computer programmes and platform to access this App and should use your own virus protection software. By accessing this App, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus transmitted by this App.
(b) This App, its Content and other information on this App is intended to provide general information only. We do not warrant the accuracy, completeness or suitability of such Content and information on this App, which, for various reasons, may not be current and is subject to change. To the fullest extent permitted by law, we exclude all liability to you for any loss or damage of any kind, even if foreseeable, arising under or in connection with:
(i) your use of, or inability to use, this App; or
(ii) your use of or reliance on any Content or material displayed on this App,
including any direct, indirect, special or consequential loss (which includes, without limitation: loss of revenue, profits, data, business or anticipated savings; loss of goodwill or reputation; and business interruption) except to the extent that the loss or damage was caused or contributed to by us.
9.2 If you supply any products to us or purchase any products from us, different terms, limitations and exclusions of liability will apply, which will be set out in the Terms of Sale and Terms of Purchase, as applicable.
10. Australian Consumer Law
The 'Australian Consumer Law' set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) provides consumers with a number of protections including guarantees that cannot be excluded, restricted, or modified. Nothing in these Terms and Conditions has the effect of excluding, restricting or modifying a consumer's rights under the Australian Consumer Law or any other applicable statutory rights that cannot be excluded, restricted or modified. However, where the Australian Consumer Law permits liability to be limited in respect of any services provided pursuant to these Terms and Conditions that are not of a kind ordinarily acquired for personal, domestic or household use or consumption, then we limit our liability in the manner and to the fullest extent permitted under the Australian Consumer Law, at our option, to the supply of the services again or the payment of the cost of having the services supplied again.
11. Termination
11.1 You acknowledge and agree that we are entitled, without any liability to you, to restrict, suspend or terminate your access to the App in whole or in part, without notice and without any liability to you, with respect to any breach or threatened breach by you of any portion of these Terms and Conditions, or for any other reason.
11.2 You accept and agree that we may terminate the Terms and Conditions at any time. All provisions of these Terms and Conditions, except for the licences granted to you in these Terms and Conditions, survive the termination of these Terms and Conditions.
12. Privacy Policy
Our Privacy Policy is incorporated by reference into these Terms and Conditions. We will only use your personal information as set out in our Privacy Policy.
13. Jurisdiction
These terms and conditions are governed by the laws of New South Wales, Australia.
14. Account
14.1 To access and use certain features of this App, you may be required to create an account (Account). By creating an Account, you represent that you are at least 18 years old and reside in Australia.
14.2 If this App allows you to create an Account, you may do so by following the account registration process set out in this App. As part of the registration process and your continued access to your Account, you may be required to provide personal information about yourself such as your name, email address, telephone number and address. Any personal information you provide when creating your Account will be governed by our Privacy Policy.
14.3 You are responsible for ensuring that any information you provide in relation to your Account is accurate, correct and up to date, and that your Account details (including any usernames and passwords) are kept confidential and not shared with any third parties.
14.4 You acknowledge and agree that you will be solely responsible for any use of your Account (including any payment authorisations), except to the extent that your Account is accessed by an unauthorised third party due to an act or omission by us.
14.5 We reserve the right to disable your Account if you fail to comply with any of these Terms and Conditions.
15. General
15.1 If any part of these Terms and Conditions is determined to be invalid, unlawful or unenforceable for any reason then that part, to the extent of the invalidity, unlawfulness or unenforceability, will be severed from the rest of the Terms and Conditions and the remaining terms and conditions will continue to be valid and enforceable to the fullest extent permitted by law.
15.2 You accept and agree that these Terms and Conditions and any supplemental terms constitute the entire agreement between you, and us concerning the subject matter of these Terms and Conditions, which may only be modified by us, and supersedes all prior agreements between you, and us in relation to the subject matter. No term or condition of these Terms and Conditions will be construed adversely to a party solely on the ground that the party was responsible for the preparation of these Terms and Conditions.