Terms & Conditions

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TERMS AND CONDITIONS [FOR THE USER]

In using www.pestbuildlegals.com.au (“the Website”), You are deemed to have read and agreed to these Terms and Conditions. We may update the Terms and Conditions at any time without notice to You, and Your continued use of the Website after any such changes are made will be deemed to constitute Your acceptance of those changes.

You agree to use the Website and all Services available to You through the Website on the following Terms and Conditions:

  • 1. INTERPRETATION

    • “Intellectual Property Rights” means all present and future rights and interests arising as a result of intellectual activity whether capable of protection by state, common law or equity and including but not limited to copyright, confidential and other commercially valuable information, discoveries, inventions, patent rights, registered and unregistered trade marks, design rights, circuit layouts, domain names, interest addresses, computer programs and other interests of a like nature.

      “Loss” includes any direct, indirect, special, incidental or consequential loss, damages, claims, losses, costs, expenses, actions, demands or suits, whether in contract, tort (including negligence) statute or otherwise and whether pecuniary or non-pecuniary. This includes but is not limited to loss of profit, legal costs and defence or settlement costs.

      “Privacy Policy” means the privacy policy published on the Website.

      “Services” means the services to be rendered to You by the Service Provider including but not limited to building and pest inspections and reportClass, conveyancing or legal advice in relation to a proposed purchase or sale of a property.

      “Service Provider” means the entity or business who provides the Services to You who was engaged through the use of the Website.

      “Terms and Conditions” includes these terms of use along with the Privacy Policy.

      “You” or “Your” means any person who has accessed the Website including but not limited to the person who has subscribed to use the Website. Also known as the ‘User’.

      “We” or “Us” or “Our” refers to Zizzle Pty Ltd ACN 635 775 227 trading as PestBuildLegals and its affiliates, successors and assigns.

      “Website” means www.pestbuildlegals.com.au.

  • 2. USE OF WEBSITE

    • 2.1 Submission of Details

      • 2.1.1 You must submit Your details including but not limited to your name, email address, telephone number, and the Services you require in order to use and access the Website.
      • 2.1.2 You agree any information provided to Us will be complete, up to date and accurate information. It is your responsibility to inform Us of any changes to that information.
      • 2.1.3 All personal information You provide to Us will be treated in accordance with the Privacy Policy.
      • 2.1.4 We may, in our absolute discretion, refuse to allow any person to access or use the Website.
    • 2.2 Use of the Website

      • 2.2.1 You agree that:

        • 2.2.1.1 use of the Website is at Your own risk;
        • 2.2.1.2 You indemnify Us for any Loss arising out of any breach of these Terms and Conditions; and
        • 2.2.1.3 any and all information You post or upload to the Website complies with all relevant laws, does not infringe the Intellectual Property Rights of any person, is not misleading or deceptive nor likely to mislead or deceive, and does not violate any privacy laws.
      • 2.2.2 You must not use the Website:

        • 2.2.2.1 for any illegal purpose;
        • 2.2.2.2 to offend others, publish, or in any way distribute or disseminate any information which is unlawful, obscene, defamatory, offensive or inappropriate;
        • 2.2.2.3 to engage in, encourage participation or promote any contests, pyramid schemes, surveys, spamming or unsolicited emailing; and
        • 2.2.2.4 in a manner that imposes an unreasonable burden on the infrastructure of the Website or otherwise tampers or interferes with the Website.
  • 3. FEES

    • 3.1 Use of the Website will be free. However, if you engage a Service Provider and enter into a contract with a Service Provider for a Service, You will be solely liable to that Service Provider. We accept no liability for invoices or costs of those Service Providers.
  • 4. FEEDBACK ON SERVICE PROVIDER

    • 4.1 We may from time to time ask You to provide feedback in respect of Your interaction with a Service Provider. The content of the feedback is solely Your opinion and You ought to conduct Your own due diligence investigation as to the suitability of the Service Provider.
    • 4.2 If You submit feedback, You agree to act honestly and fairly.
    • 4.3 You acknowledge and agree that We accept no responsibility for any Loss that may arise from feedback submitted, and You release forever and indemnify Us from any liability We may incur arising out of (whether directly or indirectly) any feedback You have in respect of a Service Provider.
  • 5. DISCLAIMER

    • 5.1 Service Providers and Services

      • 5.1.1 You agree and acknowledge that:

        • 5.1.1.1 We are not involved in the transaction(s), if any, between You and the Service Provider(s) and make no representation or warranty and accept no liability whatsoever in respect of the Service or Service Provider;
        • 5.1.1.2 We have no control over the quality, safety or legality of your communication or interaction with a Service Provider, or the ability of the Service Provider to provide Services;
        • 5.1.1.3 We do not guarantee that the Service Provider, will complete a transaction or act lawfully in using the Website;
        • 5.1.1.4 Whilst we undertake a verification process with all Service Providers, we do not warrant the certification or licensing, competence, solvency or information of any Service Provider.
        • 5.1.1.5 Use of our Website by You to locate a Service Provider is wholly voluntary and, to the extent permitted by law, in no event will We or any of our agents be liable for any Loss to You.
        • 5.1.1.6 The Service Providers are independent third parties and are not employed by or agents of Us.
    • 5.2 Our Website + Information

      • 5.2.1 You agree and acknowledge that:

        • 5.2.1.1 We make no representation or warranty that your access to and use of the Website will be uninterrupted, secure, error-free, free of viruses or unauthorized code or other harmful components. We reserve the right to discontinue operating the Website at any time without notice.
        • 5.2.1.2 The Website may contain links to other websites operated by third parties. We do not recommend or endorse those other websites, or the Commented [tP1]: Note this clause re no warranty made regarding the service providers abilities etc.
        • products and services provided on those websites. We are not responsible for the condition or content of those websites and make no representation about the accuracy of any information contained on any other websites. We are not responsible for any Loss arising directly or indirectly from You using, accessing or attempting to access those websites.
        • 5.2.1.3 The information, opinions and other similar statements and content published on the Website are provided for information purposes only and are not intended as, nor do they constitute legal, financial, taxation, technical or expert advice or to be in any way relied upon without undertaking your own independent verification. No warranty is made as to the accuracy or authenticity of the content of the Website.
  • 6. INDEMNITY + LIMITATION OF LIABILITY

    • 6.1 You agree to indemnify, defend and hold harmless Us and our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers from and against all losses, expenses, damages and costs, including solicitors fees resulting from any violation of these Terms and Conditions or any activity related to Your account by you or any other person accessing the Website using your account.
    • 6.2 You agree that, to the extent permitted by law, We nor our officers, directors, employees, agents, information providers, partners, advertisers, licensors or supplies shall have any liability to You in connection with Your use of the Website. Any liability we may have implied by any law which may not be excluded will be limited to the maximum extent permissible which, in the case of Services, will be to re-supply the relevant service or the payment of the cost of having the relevant Service re-supplied.
  • 7. TERMINATION

    • 7.1 You can stop using the Website at any time.
    • 7.2 We reserve the right to suspend or end Your use of the Website at any time, with or without cause, and with or without notice at our sole discretion. If Your use of the Website is terminated, You will continue to be bound by the Terms and Conditions and any disclaimer, indemnity or limitation of liability from You to Us will survive.
  • 8. COPYRIGHT AND TRADE MARKS

    • 8.1 The contents and design of the Website, including all trade marks, text, images and audio and video files, is proprietary to Us and is protected by copyright law. The Website is for your personal and non commercial use. You may not reproduce, modify, copy, distribute, transmit, communicate, display, publish or use any material contained on the Website without our prior written consent. You may not use any of the information or content of the Website for commercial purposes or to establish, operate or maintain Your own product or service offering.
    • 8.2 You acknowledge that:

      • 8.2.1 any breach of this clause may cause damage to us which cannot adequately be remedied by damages alone; and
      • 8.2.2 if You breach or act in a way which threatens to breach this clause (determined in our sole direction), We mays seek injunctive relief against you including claiming Our costs on an indemnity basis.
  • 9. MISCELLANEOUS

    • 9.1 Jurisdiction

      • 9.1.1 The law applicable in the state of Queensland Australia will apply to these Terms and Conditions, use of the Website and the resolution of any disputes arising from access to and use of the Website.
      • 9.1.2 You must subject to the exclusive jurisdiction of the court and tribunals of the State of Queensland.
    • 9.2 Relationship

      • 9.2.1 No agency, partnership, joint venture, employee-employer, franchiseefranchisor relationship is created or intended by these Terms and Conditions or by Your use of the Website or the Services.
      • 9.1.2 You must subject to the exclusive jurisdiction of the court and tribunals of the State of Queensland.
    • 9.3 Waiver

      • 9.3.1 The non-exercise of or delay in exercising a right of a party must not operate as a waiver of that right, nor does a single exercise of a right preclude another exercise of it or the exercise of other rights. A right may only be waived by notice, signed by the party to be bound by the waiver.
    • 9.4 Assignment

      • 9.4.1 You may not assign or transfer any of your rights or obligations under these Terms and Conditions without our prior written consent.
    • 9.5 Severability

      • 9.5.1 If any provision of these Terms and Conditions is determined to be illegal, invalid or unenforceable or capable of termination by a party in any jurisdiction in which these Terms and Conditions are to operate, then such clause or provision will be construed, to the extent feasible, to ender the clause or provision enforceable. If no feasible interpretation would save such clause or provision, it will be severed from the remainder of these Terms and Conditions without affecting the enforceability of the remaining clauses and provisions.

TERMS AND CONDITIONS [FOR SERVICE PROVIDERS]

The Website is available to You to provide information about your Services conditional on your acceptance of these Terms and Conditions. By continuing to provide information about your Services and using the Website, You are agreeing to these Terms and Conditions. We may update the Terms and Conditions at any time without notice to you, and your continued use of the Website after any such changes are made will be deemed to constitute Your acceptance of those changes.

You agree to use the Website and engage with the Users on the following Terms and Conditions:

  • 1. INTERPRETATION

    • “Accreditation Documents” means any documentation that We shall request from You at our discretion to evidence Your accreditation and ability to provide the Services including licensing and insurance information from the relevant Authority.

      “Authority” means any government or governmental, semi governmental, administrative or judicial body, tribunal, department, commission, authority, agency, minister, statutory corporation or entity.

      “Intellectual Property Rights” means all present and future rights and interests arising as a result of intellectual activity whether capable of protection by state, common law or equity and including but not limited to copyright, confidential and other commercially valuable information, discoveries, inventions, patent rights, registered and unregistered trade marks, design rights, circuit layouts, domain names, interest addresses, computer programs and other interests of a like nature.

      “Loss” includes any direct, indirect, special, incidental or consequential loss, damages, claims, losses, costs, expenses, actions, demands or suits, whether in contract, tort (including negligence) statute or otherwise and whether pecuniary or non-pecuniary. This includes but is not limited to loss of profit, legal costs and defence or settlement costs.

      “Privacy Policy” means the privacy policy published on the Website.

      “Services” means the services to be rendered to the User by the Service Provider including but not limited to building and pest inspections and reportClass, conveyancing or legal advice in relation to a proposed purchase or sale of a property.

      “Service Provider” means the entity or business who provides the Services to the User, being engaged through the Website.

      “Terms and Conditions” includes these terms of use along with the Privacy Policy.

      “User” means the person who has registered with the Website for the purpose of searching for a Service Provider.

      “User Contact Fee” means the non-refundable fee payable to Us to access the User Information. The amount of the fee shall be determined by Us in our sole discretion having regard to, among other things, the number of Users searching for Services within Your selected postcode areas, the number of Service Providers verified for Your postcode areas etc.

      “User Information” includes any information that the User has provided to Us via the Website.

      “Verification Fee” means the non-refundable fee payable by the Service Provider to Us for Our review of Accreditation Documents. The amount of the fee shall be determined by Us at our sole discretion and may be updated from time to time.

      “You” means the Service Provider.

      “We” or “Us” or “Our” refers to Zizzle Pty Ltd ACN 635 775 227 trading as PestBuildLegals and its affiliates, successors and assigns.

      “Website” means www.pestbuildlegals.com.au

  • 2. USE OF WEBSITE

    • 2.1 Registration + Accreditation Documents

      • 2.1.1 You must register and obtain an account to use the Website. During the registration process, You must provide us with necessary Accreditation Documents to evidence You are authorised and qualified to provide the Service.
      • 2.1.2 You agree that any information or Accreditation Documents provided are complete, up to date and accurate. It is your responsibility to inform Us of any changes to that information.
      • 2.1.3 Upon payment of the Verification Fee, We will examine the Accreditation Documents to verify Your registration. You acknowledge that We will determine in our sole discretion whether Your Accreditation Documents are satisfactory to access User information submitted to the Website. We will notify You of your verification or otherwise within a reasonable time.
      • 2.1.4 Registration will lapse after 12 months or sooner if we determine that the Accreditation Documents are no longer current. You may renew Your registration by submitting updated current Accreditation Documents and attending to payment of the Verification Fee.
      • 2.1.5 All personal information You provide to Us will be treated in accordance with the Privacy Policy.
    • 2.2 Password Protection

      • 2.2.1 You are responsible for safeguarding the password that You use to access the Website. You agree not to disclose your password to any third party.
      • 2.2.2 You are responsible for any activity on Your account, whether You authorised that activity. You should notify Us immediately or any unauthorised use of Your account.
    • 2.3 Use of the Website

      • 2.3.1 You agree that:

        • 2.2.1.1 use of the Website is at Your own risk;
        • 2.3.1.2 You indemnify Us for any Loss arising out of any breach of these Terms and Conditions;
        • 2.3.1.3 We may, in our absolute discretion, refuse to allow any Service Provider to register or create an account or cancel or suspend or modify any existing account; and
        • 2.3.1.4 You assign to Us all present and future Intellectual Property Rights in all content posted by You to the Website and You irrevocably authorise Us to use the content in any way.
      • 2.3.2 You must not use the Website:

        • 2.2.2.1 for any illegal purpose;
        • 2.2.2.2 to offend others, publish, or in any way distribute or disseminate any information which is unlawful, obscene, defamatory, offensive or inappropriate;
        • 2.2.2.3 to engage in, encourage participation or promote any contests, pyramid schemes, surveys, spamming or unsolicited emailing; and
        • 2.2.2.4 in a manner that imposes an unreasonable burden on the infrastructure of the Website or otherwise tampers or interferes with the Website.
  • 3. FEES PAYABLE AND PAYMENT FACILITATOR

    • 3.1 You acknowledge that:

      • 3.1.1 A non-refundable Verification Fee is payable to Us in order that We can examine Your Accreditation Documents; and
      • 3.1.2 A non-refundable User Contact Fee is payable to Us in order for You to access User Information.
    • 3.2 If a User engages Your Services, the User will be solely liable to You. We accept no liability for invoices or costs incurred by You.
    • 3.3 We use Stripe Payments Australia Pty Ltd ACN 160 180 343 (Stripe) as a third-party service provider for internet-based payment services to facilitate payment transactions between You and Us. You agree to be bound by Stripe’s terms and conditions and privacy policy which is located at https://stripe.com/au/ssa, and https://stripe.com/au/privacy. You consent and authorise Us and Stripe to share any information and payment instructions You provide with one another and, to the extent required to complete Your transactions, with any third party.
  • 4. UPLOADING INFORMATION

    • 4.1 You represent and warrant in relation to any material or information You provide to Us, the User or the Website that:

      • 4.1.1 You are authorised to provide the material or information, and it is either Your own works or works which you are using with the permission of the owner;
      • 4.1.2 The material or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
      • 4.1.3 The material or information is not the passing off of any product or service and does not constitute unfair competition;
      • 4.1.4 The material or information does not infringe any Intellectual Property Rights of any person;
      • 4.1.5 The material does not violate any privacy laws or regulations or confidentiality restrictions; and
      • 4.1.6 The material or information does not infringe any legislation or regulations of the Commonwealth or Australia and the State of Queensland including but not limited to the Australian Consumer Law.
  • 5. COMPLY WITH STANDARDS

    • 5.1 You agree and acknowledge that You are qualified and authorised to provide the Service(s) that You offer through use of our Website.
    • 5.2 You warrant that You will perform all Services in accordance with legislative and industry standard, and that you have taken out and will maintain any required insurances, approvals and licences as required by the state and federal laws of Australia.
  • 6. USER FEEDBACK

    • 6.1 We may from time to time obtain feedback from Users who engage with You through the Website in regard to their experience with You.
    • 6.2 Should User feedback be obtained, We will endeavour to provide You with it.
    • 6.3 You acknowledge and agree that We accept no responsibility for liability, damage, Loss, or injury that may arise from the User’s feedback, and You release forever and indemnify Us from any liability You may incur arising out of (whether directly or indirectly) any feedback of a User.
  • 7. DISCLAIMER

    • 7.1 Users

      • 7.1.1 You agree and acknowledge that:

        • 7.1.1.1 We are not involved in the transaction(s), if any, between You and the User and make no representation or warranty and accept no liability whatsoever in respect of the User;
        • 7.1.1.3 We do not guarantee that the User will complete a transaction or act lawfully in using the Website;
        • 7.1.1.4 We do not examine, determine or warrant the solvency of any User;
        • 7.1.1.5 Use of the Website is wholly voluntary and, to the extent permitted by law, in no event will We or any of our agents be liable for any Loss to You; and
        • 7.1.1.6 The Users are independent third parties and are not employed by or agents of Us.
    • 7.2 Our Website + Information

      • 7.2.1 You agree and acknowledge that:

        • 7.2.1.1 We make no representation or warranty that your access to and use of the Website will be uninterrupted, secure, error-free, free of viruses or unauthorized code or other harmful components. We reserve the right to discontinue operating the Website at any time without notice.
        • 7.2.1.2 The Website may contain links to other websites operated by third parties. We do not recommend or endorse those other websites, or the products and services provided on those websites. We are not responsible for the condition or content of those websites and make no representation about the accuracy of any information contained on any other websites. We are not responsible for any Loss arising directly or indirectly from You using, accessing or attempting to access those websites.
        • 7.2.1.3 The information, opinions and other similar statements and content published on the Website are provided for information purposes only and are not intended as, nor do they constitute legal, financial, taxation, technical or expert advice or to be in any way relied upon without undertaking your own independent verification. No warranty is made as to the accuracy or authenticity of the content of the Website.
  • 8. INDEMNITY + LIMITATION OF LIABILITY

    • 8.1 You agree to indemnify, defend and hold harmless Us and our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers from and against all losses, expenses, damages and costs, including solicitors fees resulting from any violation of these Terms and Conditions or any activity related to Your account by you or any other person accessing the Website using your account.
    • 8.2 You agree that, to the extent permitted by law, We nor our officers, directors, employees, agents, information providers, partners, advertisers, licensors or supplies shall have any liability to You in connection with Your use of the Website. Any liability we may have implied by any law which may not be excluded will be limited to the maximum extent permissible which, in the case of Services, will be to re-supply the relevant service or the payment of the cost of having the relevant Service re-supplied.
  • 9. TERMINATION

    • 9.1 You can stop using the Website at any time.
    • 9.2 We reserve the right to suspend or end Your use of the Website at any time, with or without cause, and with or without notice at our sole discretion. Reasons for suspension or termination include but are not limited to the following:

      • 9.2.1 Providing false or inaccurate information at any time;
      • 9.2.2 Receiving in aggregate more than 2 negative feedback or complaints from Users of the Website;
      • 9.2.3 Acting as an agent or another business or individual who is a member of the Website without the written approval of Us; and
      • 9.2.4 Submitting quotes to users of the Website for work that the Service Provider is not qualified or licensed to perform.
    • 9.3 If Your use of the Website is terminated:

      • 9.3.1 You are no longer authorised to access the Website with your email address used to register with the Website or any other email address that You possess; and
      • 9.3.2 You will continue to be bound by the Terms and Conditions and any disclaimer, indemnity or limitation of liability from You to Us will survive.
  • 10. COPYRIGHT AND TRADE MARKS

    • 10.1 The contents and design of the Website, including all trade marks, text, images and audio and video files, is proprietary to Us and is protected by copyright law. The Website is for your personal and non commercial use. You may not reproduce, modify, copy, distribute, transmit, communicate, display, publish or use any material contained on the Website without our prior written consent. You may not use any of the information or content of the Website for commercial purposes or to establish, operate or maintain Your own product or service offering.
    • 10.2 You acknowledge that:

      • 10.2.1 any breach of this clause may cause damage to us which cannot adequately be remedied by damages alone; and
      • 10.2.2 if You breach or act in a way which threatens to breach this clause (determined in our sole direction), We mays seek injunctive relief against you including claiming Our costs on an indemnity basis.
  • 11. MISCELLANEOUS

    • 11.1 Jurisdiction

      • 11.1.1 The law applicable in the state of Queensland Australia will apply to these Terms and Conditions, use of the Website and the resolution of any disputes arising from access to and use of the Website.
      • 11.1.2 You must subject to the exclusive jurisdiction of the court and tribunals of the State of Queensland.
    • 11.2 Relationship

      • 11.2.1 No agency, partnership, joint venture, employee-employer, franchiseefranchisor relationship is created or intended by these Terms and Conditions or by Your use of the Website or the Services.
    • 11.3 Waiver

      • 11.3.1 The non-exercise of or delay in exercising a right of a party must not operate as a waiver of that right, nor does a single exercise of a right preclude another exercise of it or the exercise of other rights. A right may only be waived by notice, signed by the party to be bound by the waiver.
    • 11.4 Assignment

      • 11.4.1 You may not assign or transfer any of your rights or obligations under these Terms and Conditions without our prior written consent.
    • 11.5 Severability

      • 11.5.1 If any provision of these Terms and Conditions is determined to be illegal, invalid or unenforceable or capable of termination by a party in any jurisdiction in which these Terms and Conditions are to operate, then such clause or provision will be construed, to the extent feasible, to ender the clause or provision enforceable. If no feasible interpretation would save such clause or provision, it will be severed from the remainder of these Terms and Conditions without affecting the enforceability of the remaining clauses and provisions.
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