Terms and Conditions

Customers
Tradies

Video Tradie
Customer Terms and Conditions

Thank you for visiting our website and/or App https://videotradie.com.au (“Website”). This website is owned and operated by Video Tradie Pty Ltd ABN 73 651 080 081 (“Video Tradie”).

By accessing and/or using this Website and related services, you agree to these Terms and Conditions, which includes our Privacy Policy (“Terms”).

The Website is an online marketplace between tradies and customers. The Website is to be used by tradies and customers to facilitate the connection, engagement and payment. Video Tradie provides the software to facilitate this transaction and is not a party to any agreement between the parties.

In these Terms, ‘us’, ‘we’ and ‘our’ means Video Tradie and our related bodies corporate.

1. Acceptance of Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you. Video Tradie has the right to modify the policies, conditions, payments, commissions and Terms. You should check the Website from time to time to see if there have been any amendments.

2. Registration

Customers must register for an account through the Website (the “Account”) before you can access all parts of the Website. We have the absolute discretion whether to allow customers to receive services on the Website. We may enter into a separate agreement with the tradies.

As part of the registration process, or as part of your continued use of the Website, you may be required to provide personal information about yourself (such as identification or contact details), including your email address, address, telephone number and credit card details.

You warrant that any information you provide in the course of completing the registration process will always be accurate, correct and up to date.

To create an account, you must possess the legal right and ability to enter into a legally binding agreement with us and agree and warrant to use the Website in accordance with these Terms.

We reserve the right to reject a registration or remove a profile from the Website at any time at our discretion.

3. Promotions and competitions

For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

4. Your Obligations

You must comply with the following:

you will use the Website only for purposes that are permitted by the Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
you will not interfere with (or attempt to interfere with) or disrupt (or attempt to disrupt) our Website or the servers or networks that host our Website;
you will not use, copy or distribute (or attempt to use, copy or distribute) content without our express permission;
you will not interfere (or attempt to interfere) with any security-related or other features of our Website;
you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of your registration;
any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify us of any unauthorised use of your password or email address or any breach of security of which you have become aware;
you agree that the video recording will be available for training purposes;
you agree that video recordings are also available for future tradies to review to assist in a current call between customer and tradie. For example – if you are getting help on building a new fence, and had further questions, your new tradie could review what had been discussed with a past Tradie;
you agree that your comments in the video recordings may be used in testimonials on the Website.
you will not use the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by us;
you will not use the Website for any illegal and/or unauthorised use;
you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the services. You agree that appropriate legal action will be taken by us for any illegal or unauthorised use of the Website; and
you acknowledge and agree that any automated use of the Website or its services is prohibited.

5. Online Marketplace

The Website is to be used by tradies and customers to facilitate connection, engagement and payment of the products. The Website and Video Tradie provides the technology to facilitate this transaction and is not a party to the transaction.
The tradies offer services listed on our Website.
When you provide services through the Website, you are entering into a contract directly with the customer.
Video Tradie will not have any liability to a tradie or customer other than as expressly set out in these Terms or otherwise to the extent such liability cannot be excluded by law.
By making the payment, the customer is taken to have accepted the offer.
We reserve the right to amend the range and prices of our services at any time.
All services are subject to availability. The tradie must inform the customer as soon as possible if the services you have ordered is not available by the expected time frame.
The tradie agrees that they have no right to any fees until the services are delivered.
The parties acknowledge that Video Tradie will only release the funds in accordance with the Terms.

6. Fitness for Purpose

The information on our Website and provided by the tradie is not intended to provide a comprehensive summary of the services or the instructions to perform a do it yourself job.
Third parties may be permitted to post content on our Website including a “Tip of the Week”. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our Website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this Website including the suitability of any tradie or services provided by the tradie.
Any recommendation, information or assistance provided by the tradie or us is provided without any liability whatsoever.
You should be wary of voiding a manufacturer’s warranty when following instructions or directions from a tradie, if appropriate.
You should be aware that prescribed work must be performed by licenced personnel and that the customer may need to be authorised to perform the work.
You should be aware that council fees and permits may be applicable to performing the work required and you may be responsible for ensuring that it has the correct fees and have the required permits (if applicable).
The content of, or any opinion expressed in any video does not represent the views of Video Tradie in respect of the services. The fact that a post or video has not been removed by the Website is not an endorsement of its content.
You agree and acknowledge that Video Tradie provides a platform only, that acts as a forum for venue for the online connection and publication of content and does not verify the tradie or the services provided by the tradie.
You agree and acknowledge that Video Tradie will have a video recording available at the end of a call with the tradie as a reference for the tradie or a subsequent tradie, so they can see what a previous customer have discussed. This may be used as part of the training to tradies.
The information, including statements, opinions, documents and materials contained on the Website is for general information purposes only. Any reliance you place on the Website is at your own risk.
To the maximum extent permitted by law, Video Tradie excludes all liability for any loss or damage of any kind (including special, indirect or consequential loss) arising out of or in connection with the Website.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this Website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our Website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to the Website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if errors occur in the information on the Website or if that information is not up-to-date.
You agree that you will not hold us responsible for any damage caused directly or indirectly as a result of the services which originated through the Website.

7. Fees

You agree that we are entitled to a percentage of the ex-GST value of each transaction made through the Website (“Transaction Fee”). You authorise us to deduct the Transaction Fee from the funds held by us on your behalf. If the money held by us is at any time insufficient to enable us to deduct the Transaction Fee, you agree to pay us the Transaction Fee.
You authorise us to deduct, set-off, or otherwise apply any monies held by us on your behalf from or against any amounts owed to us by you.
The tradie acknowledges that in the event of a refund relating to a faulty or incorrect services being delivered to the customer, we remain entitled to our Transaction Fees in respect of the underlying transaction.
You indemnify us and will keep us indemnified from and against any and all cost, claim, loss, demand, damage, liability, or expense howsoever arising out of:
1. a breach of this agreement; and
2. the use by the customer of services obtained through the Website.
You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties in relation to the services that you perform.

8. Payments

The fees are charged in blocks of 10 minutes. For example, for a 21 minute call, a tradie can charge for 30 minutes.
Tradies have the option to charge less, but cannot charge more.
Where the option is given to you, you may make payment for the services (the “Service Fee”) by way of a third-party electronic payment system embedded in the Website. The payment system being used is Stripe, PayPal or any third party provider and you agree to the Stripe, PayPal or any third party terms and conditions which are available on their website.
You acknowledge and agree that where a request for the payment of the Service Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Service Fee.
For the first call, the customer pays only 50% of the normal rate.
Customer can download invoices, end of year financial year (“EOFY”) summaries for their accountants. Everything should occur through the Website and can be emailed to you.

9. Refunds

Video Tradie does not offer refunds for the Service Fee if you change your mind or are unhappy with the services provided.
If you would like to request a refund, please email us at support@videotradie.com.au and clearly state the reasons why you have requested a refund.
Video Tradie will have the absolute discretion to determine whether you will be entitled to a refund.
In Australia, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms and conditions purports to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Competition and Consumer Act and other laws. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law or the Competition and Consumer Regulation 2010 are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.

10. Linked sites

Our Website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

11. Intellectual property rights

Unless otherwise indicated, we own or licence from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this Website and in all of the material (including all text, graphics, logos, video recordings and software) made available on this Website (Content).

Your use of this Website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this Website or the Content. However, we do grant you a licence to access the Website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.

You grant us the non-exclusive, royalty-free, worldwide right to use, store, edit, adapt, and display all materials you provide us including but not limited to your business name, logo, product details, and images.

Any reproduction or redistribution of this Website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

All other use, copying or reproduction of this Website, the Content or any part of it is prohibited, except to the extent permitted by law.

12. Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Website, including but not limited to:

any act that would constitute a breach of the law in the relevant jurisdiction;
any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
using this Website to defame or libel us, our employees or other individuals;
uploading files that contain viruses that may cause damage to our property or the property of other individuals;
posting or transmitting to this Website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.

If we allow you to post any information to our Website, we have the right to take down this information at our sole discretion and without notice.

13. Warranties and disclaimers

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this Website, the Content or the products, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this Website will be secure.

We reserve the right to restrict, suspend or terminate without notice your access to this Website, any Content, or any feature of this Website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

To the maximum extent permitted by law, we make no representations or warranties about our Website or the content, including (without limitation) that:

it is complete, accurate, reliable, up-to-date and suitable for any particular purpose;
access will be uninterrupted, error-free or free from viruses;

14. Indemnity

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any liability suffered or incurred by us arising from or in connection with your use of our Website or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any liability before enforcing a right of indemnity under these Terms.

You agree to indemnify and hold us and its officers, directors, employees, contractors and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including lawyers’ fees) arising out of or in connection with:

your use of the services;
your breach or violation of any of these Terms;
our use of your content;
your violation of the rights of any third party.

15. Events Beyond Control

Neither party shall be liable to the other party for any loss caused by any failure to observe the terms and conditions of this agreement, where such failure is occasioned by causes beyond its reasonable control including but not limited to by pandemic, fire, flood, riot, strike, war, pandemic, restrictions and prohibitions or any other actions by any government or semi government authorities.

16. Dispute resolution

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (‘Notice’) by that other party, the parties must within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.
If you are unable to resolve the Dispute, you should notify us of the existence of the Dispute and we may, but are not obligated to, assist in resolving the Dispute. If we agree to become involved in any Dispute and make a determination in relation to such dispute and you agree that our determination is final.

17. Jurisdiction and governing law

Your use of the Website and these Terms are governed by the law of Tasmania and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Tasmania.

Video Tradie
Tradie Terms and Conditions

Thank you for visiting our website and/or App https://videotradie.com.au (“Website”). This website is owned and operated by Video Tradie Pty Ltd ABN 73 651 080 081 (“Video Tradie”).

By accessing and/or using this Website and related services, you agree to these Terms and Conditions, which includes our Privacy Policy (“Terms”).

In these Terms, ‘us’, ‘we’ and ‘our’ means Video Tradie and our related bodies corporate.

1. Acceptance of Terms

2. Registration

Tradies must register for an account through the Website (the “Account”) before you can access all parts of the Website. We have the absolute discretion whether to allow tradies to provide services on the Website. We may enter into a separate agreement with the customers.

As part of the registration process, or as part of your continued use of the Website, you may be required to provide personal information about yourself (such as identification or contact details), including your name, qualifications, licence, registration, email address, address, telephone number, category you wish to work in and other details as required by us.

The tradies must watch a number of induction videos in relation to the Website and the services.

You warrant that any information you provide in the course of completing the registration process will always be accurate, correct and up to date. You must notify us immediately if circumstances change and you no longer hold a licence or registration.

To create an account, you must possess the legal right and ability to enter into a legally binding agreement with us and agree and warrant to use the Website in accordance with these Terms.

We reserve the right to reject a registration or remove your profile from the Website at any time at our discretion.

3. Promotions and competitions

4. Your Obligations

You must comply with the following:

you are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to the services in your jurisdiction;
you must have the appropriate licence or registration in order to provide the services;
you warrant that the services will be performed in a timely, diligent, professional manner commensurate with the highest standards and practices of the industry relating to those services;
you are competent and have the necessary skills, expertise and resources to perform the services and to perform all of your obligations;
the services will be provided in a way that will not by act or omission adversely affect the reputation or goodwill of Video Tradie;
you agree that all video recordings will be available for training purposes;
you must have all insurances that you may be required to maintain by law from time to time in relation to the services;
you will use the Website only for purposes that are permitted by the Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
you will not interfere with (or attempt to interfere with) or disrupt (or attempt to disrupt) our Website or the servers or networks that host our Website;
you will not use, copy or distribute (or attempt to use, copy or distribute) content without our express permission;
you will not interfere (or attempt to interfere) with any security-related or other features of our Website;
you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of your registration;
any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify us of any unauthorised use of your password or email address or any breach of security of which you have become aware;
you will not use the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by us;
you will not use the Website for any illegal and/or unauthorised use;
you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the services. You agree that appropriate legal action will be taken by us for any illegal or unauthorised use of the Website;
you acknowledge and agree that any automated use of the Website or its services is prohibited; and
you acknowledge that Video Tradie may in its absolute discretion require that the services are re-supplied to remedy such breach at no charge to Video Tradie or the relevant customer. If the breach is not rectified to the satisfaction of Video Tradie, then we will not be liable to pay you any further amounts in relation to the services. Further, such remedy is without prejudice to any other right or remedy to which Video Tradie may be entitled, whether at law, in equity or

5. Online Marketplace

The Website is to be used by tradies and customers to facilitate connection, engagement and payment of the services. The Website and Video Tradie provides the technology to facilitate this transaction and is not a party to the transaction.
The tradies offer services listed on our Website.
When a customer purchases services through the Website, you are entering into a contract directly with the customer.
Video Tradie will not have any liability to a tradie or customer other than as expressly set out in these Terms or otherwise to the extent such liability cannot be excluded by law.
By making the payment, the customer is taken to have accepted the offer.
We reserve the right to amend the range and prices of our services at any time.
All services are subject to availability. You must inform the customer as soon as possible if the services they have ordered is not available by the expected time frame.
The tradie agrees that they have no right to any fees until the services are delivered.
The parties acknowledge that Video Tradie will only release the funds in accordance with the Terms.

6. Fitness for Purpose

Third parties may be permitted to post content on our Website including a “Tip of the Week”. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our Website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this Website including the suitability of any tradie or services provided by the tradie.
You are responsible for informing the customers that they should be wary of voiding a manufacturer’s warranty when providing instructions or directions.
You are responsible for informing the customers that prescribed work must be performed by licenced personnel and that the customer must ensure that they are authorised to perform the work.
You are responsible for informing the customers that council fees and permits may be applicable to performing the work required. You are responsible for informing the customers that they must pay the correct fees and have the required permits (if applicable).
The content of, or any opinion expressed in any video does not represent the views of Video Tradie in respect of the services. The fact that a post or video has not been removed by the Website is not an endorsement of its content.
You agree and acknowledge that Video Tradie provides a platform only, that acts as a forum for venue for the online connection and publication of content and does not verify the tradie or the services provided by the tradie.
You agree and acknowledge that Video Tradie will have a video recording available at the end of a call to with the tradie as a reference for the tradie or a subsequent tradie, so they can see what a previous customer have discussed. This may be used as part of the training to tradies.
The information, including statements, opinions, documents and materials contained on the Website is for general information purposes only. Any reliance you place on the Website is at your own risk.
To the maximum extent permitted by law, Video Tradie excludes all liability for any loss or damage of any kind (including special, indirect or consequential loss) arising out of or in connection with the Website.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this Website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our Website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to the Website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if errors occur in the information on the Website or if that information is not up-to-date.
You agree that you will not hold us responsible for any damage caused directly or indirectly as a result of the products which originated through the Website.

7. Fees

Where the option is given, payments are made by way of a third-party electronic payment system embedded in the Website. The payment system being used is Stripe or any third party provider and the user of this system is subject to the terms and conditions of the third party provider.
In using the website or when making any payment, you warrant that you have read, understood and agree to be bound by the third party’s terms and conditions which are available on their website as applicable.
You authorise Stripe or any other third party provider to hold the funds on your behalf until the customer releases once the job is completed.
The Website provides the software to facilitate the transaction between the tradie and the customer and is not a party to any agreement between the parties.
You agree that we are entitled to a percentage of the ex-GST value of each transaction made through the Website (“Transaction Fee”). You authorise us to deduct the Transaction Fee from the funds held by us on your behalf. If the money held by us is at any time insufficient to enable us to deduct the Transaction Fee, you agree to pay us the Transaction Fee.
You authorise us to deduct, set-off, or otherwise apply any monies held by us on your behalf from or against any amounts owed to us by you.
The tradie acknowledges that in the event of a refund relating to a faulty or incorrect services being delivered to the customer, we remain entitled to our Transaction Fees in respect of the underlying transaction.
You indemnify us and will keep us indemnified from and against any and all cost, claim, loss, demand, damage, liability, or expense howsoever arising out of:
1. a breach of this agreement by the tradie; and
2. the use by the customer of services obtained by tradies through the Website.

8. Payments from Customers

The fees are charged in blocks of 10 minutes. For example, for a 21 minute call, a tradie can charge for 30 minutes.
Tradies have the option to charge less, but cannot charge more.
Tradies can download invoices and end of year financial year (“EOFY”) summaries for their accountants. Everything should occur through the Website and can be emailed to themselves.

9. Refunds

Video Tradie does not offer refunds for the Service Fee.
If customers would like to request a refund, they must email us and clearly state the reasons why they have requested a refund.
Video Tradie will have the absolute discretion to determine whether customers will be entitled to a refund.
In Australia, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms and conditions purports to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Competition and Consumer Act and other laws. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law or the Competition and Consumer Regulation 2010 are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.

10. Linked sites

11. Intellectual property rights

All other use, copying or reproduction of this Website, the Content or any part of it is prohibited, except to the extent permitted by law.

12. Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Website, including but not limited to:

any act that would constitute a breach of the law in the relevant jurisdiction;
any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
using this Website to defame or libel us, our employees or other individuals;
uploading files that contain viruses that may cause damage to our property or the property of other individuals;
posting or transmitting to this Website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.

If we allow you to post any information to our Website, we have the right to take down this information at our sole discretion and without notice.

13. Warranties and disclaimers

To the maximum extent permitted by law, we make no representations or warranties about our Website or the content, including (without limitation) that:

it is complete, accurate, reliable, up-to-date and suitable for any particular purpose;
access will be uninterrupted, error-free or free from viruses;

14. Indemnity

your use of the services;
your breach or violation of any of these Terms;
our use of your content;
your violation of the rights of any third party.

15. Events Beyond Control

16. Dispute resolution

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party claiming a dispute (‘Dispute’) has arisen, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms must within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.
If you are unable to resolve the Dispute you should notify us of the existence of the Dispute and we may, but are not obligated to, assist in resolving the Dispute. If we agree to become involved in any Dispute and make a determination in relation to such dispute and you agree that our determination is final.

17. Jurisdiction and governing law

Your use of the Website and these Terms are governed by the law of Tasmania and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Tasmania.

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