Terms & Conditions

Terms &

Conditions

Terms of Service (“Terms”) Last updated: 8th November, 2017

 

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the https://www.oneclicktrades.com.au website (the “Service”) operated by One Click Trades (“us”, “we”, or “our”). By using the https://www.oneclicktrades.com.au Web Site, you agree to be bound by these Terms and Conditions which constitute a contract between you and One Click Trades Pty Limited (A.C.N 74 614 214 550) of Po Box 7211, Hall Street, Bondi Beach, NSW, 2026, Australia.

If you do not agree to all of the provisions contained in these Terms and Conditions, DO NOT use the https://www.oneclicktrades.com.au Web Site. We reserve the right to revise and update these Terms and Conditions at any time. Please periodically review these Terms and Conditions. Your continued use of the https://www.oneclicktrades.com.au Web Site constitutes your acceptance of and agreement to any revised Terms and Conditions.

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

This Website is provided solely to assist customers in having access to a network of trade professionals, to book their services and for no other purposes.

Communications

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Pricing

All prices are subject to availability and can be withdrawn or varied without notice. Prices quoted are subject to change, which may occur by reason of matters outside our control, which increase the cost of the relevant product or service. Such factors include currency fluctuations, fuel surcharges, tax increases.

Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a weekly, bi-weekly or monthly basis, depending on the type of subscription plan you select.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or One Click Trades cancels it. You may cancel your Subscription renewal by contacting One Click Trades customer support team.

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide One Click Trades with accurate and complete billing information including full name, address, state, postcode, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorise One Click Trades to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, One Click Trades will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

 

Fee Changes

One Click Trades, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

One Click Trades will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

We are unable to provide a refund to you unless and until we receive the funds from the relevant supplier. Cancelled bookings will incur a cancellation fee and this fee can be up to 50% of the cost of the booking. Fees and extra charges can apply where a booking is changed. Where we incur any liability for a cancellation fee or charge for any booking which you cancel, you agree to indemnify us for the amount of that fee or charge.

Certain refund requests for Subscriptions may be considered by One Click Trades on a case-by-case basis and granted in sole discretion of One Click Trades.

Payments by Credit Card

Credit card surcharges will apply when paying by credit card.

Bookings

We reserve the right at our absolute discretion to decline or accept bookings made. Any automatic booking confirmations for such bookings are conditional, contingent on our view of any risks associated with the booking.

 

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

You are to advise One Click Trades immediately if you have any objections or complaints to any content or material, including but not limited to user messages/reviews posted on https://www.oneclicktrades.com.au website. Please notify us immediately if it is believed that any content or material posted on https://www.oneclicktrades.com.au website infringes on any copyright.

Agency

One Click Trades acts as an agent only. We sell various trade related services on behalf of numerous service providers, such as cleaners, removalists and carpet technicians. One Click Trades obligation is to make bookings on your behalf and to arrange relevant contracts between you and the service providers. We are not the provider of such products or services (which do not form part of the Service) and our role in relation to your booking is limited to facilitating your booking and arranging documentation, payments and refunds as applicable. Accordingly, we have no responsibility for these products and services nor do we make or give any warranty or representation regarding their standard, reliability, accuracy or suitability. As your contract will be with the third party provider (and not One Click Trades), any legal recourse or claim shall be made against the specific provider (and not One Click Trades). If for any reason, any service provider is unable to provide the products and services for which you have contracted your remedy lies against the provider and not with One Click Trades.

You acknowledge that we may receive a commission or an affiliate fee from transactions entered into using the Service. We do not endorse or recommend any particular service provider and you should make your own evaluation of the accuracy or completeness of any information, opinion, advice or other content available through the Service.

Intellectual Property, Software and Confidentiality

One Click Trades retains copyright and all other intellectual property rights in:

(a) all code, material, data, know-how and anything else generated, in course of providing (directly or indirectly) the products or services; and

(b) all intellectual property rights (whether comprised within the One Click Trades booking engine, portal, software, HTML code or otherwise) existing prior to the provision of the Services.

When you access the One Click Trades site, you are using software which is owned by or licensed to One Click Trades and One Click Trades thereby grants you a personal non-exclusive license to use the software associated with the One Click Trades site for the duration of your site visit and for the sole purpose of making enquiries and bookings. Any other use, commercial or otherwise, of the software or information on the site without the express written permission of One Click Trades is strictly prohibited, including any reproduction, data extraction processing or otherwise. You must not disassemble, decompile, reverse engineer the whole or any part of the software accessed by means of the Service

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by One Click Trades.

One Click Trades has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that One Click Trades shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms, which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless One Click Trades, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of;

  1. a) your use and access of the Service, by you or any person using your account and password;
  2. b) a breach of these Terms, or
  3. c) Content posted on the Service.

You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of the terms by you or any other liabilities incurred by us arising out of your use of the website (including without limitation, in relation to User Submissions), or use by any other person accessing the website using your pc or internet access account.

 

Limitation Of Liability

We do not accept any liability of whatever nature, whether in contract, tort (including negligence) or otherwise, for the acts, omissions or default, whether negligent or otherwise, of third party providers over whom we have no control. Under circumstances where liability cannot be excluded, such liability is limited to the supply of the services again or the cost of the purchased trade arrangements paid by you. You agree to indemnify us, our directors, employees and representatives from and against all actions, claims, suits, demands, damages, liabilities or costs (including legal costs) arising from, or which is directly or indirectly related to the use of the Services, our site, or any other products or services accessed via our site. One Click Trades shall only be liable to provide a refund to you to the extent that that it actually receives a refund from the relevant service provider or other third party.

Disclaimer

Services shall be provided without any guarantees, conditions or warranties as to their accuracy, completeness, reliability, suitability or currency and they are provided on an “as is where is” basis. One Click Trades does not warrant that the Services or your booking will be uninterrupted or error free, will meet your requirements, nor will they be free from external intruders (hackers), unauthorised virus or worm dissemination.

To extent permitted by law, One Click Trades, its directors and employees hereby expressly exclude:

(a) all conditions, warranties and other terms which might otherwise be implied by statute, common law or equity; and

(b) any liability for any direct, indirect, consequential loss or damage or lost profits incurred by you or any end user in connection with the Services, including, without limitation any liability for loss of income or revenue; loss or interruption of business; loss of profits; loss of anticipated savings; loss of data; loss of goodwill; wasted management; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Privacy Policy

One Click Trades is committed to protecting your personal information. We process information about you in accordance with our privacy policy. By using our products or services or making a booking, you consent to such processing and you warrant that all data provided by you is accurate.

You consent to us supplying your billing, payment and identification information to third parties with whom you enter into transactions using the Service. We may also provide such personal information to third parties as is required to complete your booking. You accept that the recipients of this disclosure may not have in place privacy policies equivalent to our privacy policy. You authorise our agents to disclose your credit card details to, and obtain information from, any financial institution or credit card issuer to verify the credit card and identification details that you provide. You also authorise your credit card issuer or financial institution to verify that the credit card and identification details you have provided to us are accurate. You authorise our agents to take steps to confirm that there is sufficient credit on your credit card account to meet likely charges.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed and interpreted in accordance with the laws of each state, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We may revise or change these terms and conditions at any time by amending this page, which amendment shall take effect from the time of posting. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms and conditions may also be superseded by provisions or notices published elsewhere on our site. By continuing to use the Services, you agree to be bound by such revisions and changes.

Events Beyond Our Control

We are not responsible or liable in contract, tort (including negligence) or otherwise for any injury, damage, loss (including consequential loss), delay, additional expense, suspension, failure or inconvenience arising out of or caused directly or indirectly by any event or circumstance which is beyond our reasonable control, including but not limited to, acts of God, governmental actions, labour difficulty, war or national emergency, terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any materials, equipment, facilities or services, failure of performance provided by others, internet interruption or virus, breakdown software, hardware or communication network.

Contact Us

If you have any questions about these Terms, please contact us.