The Company provides the Tap A Tradie Worldwide digital platform to book tradespersons. Use of Tap A Tradie Worldwide is subject to these Terms of Service.
The following terms are used regularly throughout these Terms of Service and have a particular meaning:
ABN means Australian Business Number.
ACN means Australian Company Number.
Agreement means the agreement formed between the Users and the Company under, and on the terms of, this Terms of Service.
Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Sydney, Australia.
Cancellation Fee means a Fee charged to a Customer for cancelling a Job Request.
Company means Tap A Tradie Worldwide ABN 53 169 932 474.
Corporations Act means the Corporations Act 2001 (Cth).
Customer means a registered user of Tap A Tradie Worldwide that books a Job.
Deposit means a Fee charged to the Customer as a deposit against a Job Request, once the Tradesperson has confirmed the Job.
Equipment & Materials means any equipment and materials necessary for a Job.
GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Intellectual Property means all copyright, patents, inventions, trade secrets, know-how, product formulations, designs, circuit layouts, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property;
Tap A Tradie Worldwide means:
Job means any Trade services, goods and materials provided by a Tradesperson, subject to a booking made by a Customer via Tap A Tradie Worldwide.
Job Fee means the price paid by the Customer for a Job, as published by the Company (within Tap A Tradie Worldwide) and/or agreed between the Customerand the Company from time-to-time.
Job Request means a request for a Job made by a Customer via Tap A Tradie Worldwide.
Location means the address of the Customer or other location where the Tradesperson is to attend the Job.
Privacy Act means the Privacy Act 1989 (Cth).
Service Fee means a fee charged by Tap A Tradie Worldwide to a Tradesperson for arranging a Job.
Tax Invoice has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Terms of Service means the terms and conditions of using Tap A Tradie Worldwide, as updated from time-to-time, which can be found at www.TapATradie.com/terms.
Trade means any of the following trades, for which a Tradesperson is qualified to provide:
Tradesperson means a user of Tap A Tradie Worldwide that undertakes Jobs for Customers, whether a person or business.
User means any Customer or Tradesperson that uses Tap A Tradie Worldwide.
Confidential Information means any written or verbal information that:
Is personal information within the meaning of the Privacy Act.
but does not include information thata party can establish:
Was in the public domain at the time it was given to that party;
Became part of the public domain, without that party’s involvement in any way, after being given to the party;
Was in party's possession when it was given to the party, without having been acquired (directly or indirectly) from the disclosing party; or
Was received from another person who had the unrestricted legal right to disclose that information free from any confidentiality obligation.
Tap A Tradie Worldwide enables Customers to:
Tap A Tradie Worldwide enables the Tradesperson to:
Making a Booking
To book a Job, the Customer may make a Job Request from within Tap A Tradie Worldwide, at any time 24 hours a day, 7 days a week.
The Customer shall be required to provide necessary details of the required Job in order to make a Job Request, including but not limited to:
Any additional notes for the Tradesperson (e.g. how to access the Customer’s premises).
The first Tradesperson that confirms the Job shall be responsible for providing the Jobs in relation to the Job Request, and the Company will provide their details to the Customer.
The Tradesperson must provide an estimated time of arrival for the commencement of the Job when confirming.
The Company does not guarantee that a Tradesperson will accept any Job Request.
The Tradesperson may require the Customer to pay a Deposit on confirmation of a Job.
The value of a Deposit shall be determined by the Tradesperson, and be applied against the Job Fee. This will be between the client and the tradesperson.
Undertaking the Job
The Tradesperson agrees to arrive at the Location on time.
The Tradesperson will undertake the Job to a professional standard, for the outcome booked in the Job. Where a Job is not completed to a satisfactory standard (as determined by the Company, acting reasonably) the Tradesperson will rectify the issue at the earliest availability. (Tap A Tradie do not get involved in disputes between tradie’s and customers; we provide an introduction service only.)
Where the Job Fee includes the provision of Equipment & Materials, the Tradesperson where possible will ensure they have those with them. Otherwise, the Customer must ensure they have all necessary Equipment & Materials for the Tradesperson to perform the Job.
The Customer must ensure that it provides the Tradesperson with a safe working environment, whether in a domestic or commercial setting. Without limitation, the Customer agrees:
The Customer agrees that the Tradesperson is not liable for minor wear and tear during a Job. The Tradesperson shall not be liable for any breakage with a value of under $100 if such breakage was genuinely accidental and in the course of providing the Job. The Customer agrees that the Tradesperson shall have the first right to rectify, repair or resupply services to remedy any damage or incomplete work.
A Customer may cancel a Job within 5 minutes of the Job being confirmed.
A Customer that cancels a Job later than 5 minutes after the confirmation of a Job may be charged a Cancellation Fee.
The Company may deduct the value of a Cancellation Fee from a Deposit.
A Tradesperson must not cancel a Job once confirmed, unless agreed otherwise with a Customer.
Where a Tradesperson is unable to attend a Job, the Company shall use its best endeavours to find a replacement Tradesperson, however if an alternate Tradesperson cannot be found, the Company shall not be liable to the Customer (although no Job Fees will be charged by Tap a Tradie).
The Customer may use the rating system inside Tap A Tradie Worldwide to rate and provide feedback on the Tradesperson and each Job.
The Customer agrees to provide accurate information and to not unreasonably give a Tradesperson or a Job a low rating.
If the Customer is unsatisfied with the standard of a Job, the Customer must first discuss the matter with the Tradesperson. Tap a Tradie hold no responsibility for quality of tradespeople found on our app or website.
The Company may suspend a Tradesperson’s account if it consistently receives negative ratings.
The decision to suspend or reinstate a Tradespersons’ account is at the Company’s sole discretion.
The Customer shall pay the Tradesperson the Job Fee for a Job undertaken by a Tradesperson. The Tradesperson will issue a Tax Invoice to the Customer for the Job. It is the clients responsibility to check the tradesperson can issue a tax receipt prior to engagement.
Without the written consent of the Company, the Tradesperson shall not directly contract to provide services to a Customer outside of the Platform (and thereby exclude the Company) within 12 months of the last day that the Tradesperson attended a Job at the relevant Customer. Where such a direct relationship is formed without the consent of the Company, the Customer agrees to pay to the Company 30% of the Job Fees that would have applied to had those services been undertaken as Jobs.
The parties agree that the Tradesperson is an independent contractor to the Customer. Each Tradesperson and Customer is responsible to each other with respect to each Job. The parties acknowledge and agree that:
All Jobs provided by a Tradesperson may be subject to the Tradesperson’s usual terms of business in addition to the terms of this Agreement. This Agreement shall prevail in the event of a conflict between this Agreement and a Tradesperson’s usual terms of business.
Qualifications. The Tradesperson is responsible for ensuring:
If the Job is performed by an employee or contractor of the Tradesperson, the Tradesperson shall:
Payments to Tradespersons.
A Job Invoice must include sufficient details. Such details may include:
Where a Job takes place in Australia, the Tradesperson must supply an active ABN in order to receive payment via Tap A Tradie Worldwide.
The Tradesperson agrees and warrants that:
To the extent permitted by law the Tradesperson indemnifies and will hold the Company harmless against all costs, claims damages and expenses for any:
It shall not store or record any Personal Information that it can access through Tap A Tradie Worldwide unless it is fully compliant with the Privacy Act;
It shall ensure that all information that it makes available through Tap A Tradie Worldwide is accurate and up to date, including (but not limited to) information supplied for:
Describing the Tradesperson;
Generating a Job Invoice; and
Any other information that may be accessed by the Tradesperson or an Individual;
It shall not disclose any information about a Customer to any otherperson or party other than as authorised by the Customer;
It shall ensure all personal information it has access to through itsuse of Tap A Tradie Worldwide is kept and used in accordance with applicable privacy laws in the jurisdiction;
It shall only use Tap A Tradie Worldwide for its intended purpose as set out in this Agreement;
It shall comply with all anti-SPAM legislation in its jurisdiction;
Its licence to use Tap A Tradie Worldwide, as provided for in the General Conditions, is subject to the payment of all necessary Fees.
It complies with all tax laws in each relevant jurisdiction.
Any person who registers as a Tradesperson in Tap A Tradie Worldwide warrants that he or she is an authorised representative of that Tradesperson with the requisite authority to bind the Tradesperson to this Agreement.
The Company may issue the licence to the User on the further terms or limitations (including the number of users or volume of use or transactions) as it sees fit.
The Company may revoke or suspend the User’s licence(s) in its absolute discretion for any reason that it sees fit, including for breach of the terms and conditions in this Agreement by the User.
Modification of Terms
Where the Company modifies the terms, it will provide the User withwritten notice, and the User will be required to accept the modified terms inorder to continue using Tap A Tradie Worldwide.
The User agrees and accepts that Tap A Tradie Worldwide is:
As a hosted and managed service, the Company reserves the right to upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise alter Tap A Tradie Worldwide.
Use & Availability
The User agrees that it shall only use Tap A Tradie Worldwide for legal purposes and shall not use it to engage any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by the Company inits discretion.
The User is solely responsible for the security of its username and password for access to Tap A Tradie Worldwide. The User shall notify the Company as soon as it becomes aware of any unauthorised access of its Tap A undefinedTradie Worldwide account.
The User agrees that the Company shall provide access to Tap A Tradie Worldwide to the best of its abilities, however: