These terms and conditions are the contract between you and Find A Handyman (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them.

Find A Handyman is a trade name of Clam Nada Pty Ltd (ABN 79150043299), whose address is at Unit 38, 328 Albany Highway, Victoria Park, WA 6100.

1. Definitions

“Content” means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content such as advertising material, and all other product or service related material Posted by you.

“Post” means place on or into Our Website any Content or material of any sort by any means.

“Provider” means you, a person or organisation who has placed details on Our Website of a Provider Service offered for sale or free of charge, through Our Website.

“Provider Service” and “Your Service” mean the service you offer for sale through Our Website.

“Our Service” means the service we provide to enable you to sell Provider Services here.

“Our Website” means any website of ours, and includes all web pages controlled by us.

2. Our contract

2.1. The relationship between us is solely that:

2.1.1 in consideration of a fee charged by us, we provide for you an Internet market place as an arm’s length contractor;

2.1.2 we are not your partners or joint venturers.

2.2. If you place a Provider Service for sale on Our Website, you do so subject to these terms.

2.3. When you place a Provider Service on Our Website, you will be bound to provide all the information required by Competition and Consumer Act 2010.

2.4. We may change this agreement in any way at any time. The version applicable to your contract is the version which was Posted on Our Website at the time that the contract was made.

2.5. Although we are not a party to your contract with a buyer introduced to you via Our Website, we shall remove Your Services from offer if a customer or Our Website visitor has a valid complaint against you.

2.6. Subject to this agreement and to the procedures set out in Our Website, you may enter a Provider Service for sale through Our Website.

3. Your Provider Service placement

You agree:

3.1. not knowingly to place any Provider Service for sale which is not of merchantable quality or which requires for its setup or use a level of technical expertise which is not fully explained to a customer before purchase.

3.2. immediately to remove from sale on Our Website any Provider Service which for any reason, you are unable to supply.

3.3. not to re-place any Provider Service we remove from offer for sale.

4. Complaints about Provider Services

You agree that you will at all times:

4.1. reply promptly and in any event within 48 hours to any customer message or other correspondence;

4.2. comply with the law relating to all aspects of the contract between you and your customer, relating in particular to your obligations to provide full information and accept cancellation and returns. However, you may also offer more favourable terms to your customers as per your own returns and refunds policy set out on your website or otherwise in your terms and conditions;

4.3. when you have an obligation to return money to a customer for any reason, you will do so immediately.

4.4. provide information to us in respect of any claim for non-supply and any dispute as to payment, so as to enable us to identify the possibility of fraud.

5. The selling procedure

5.1. Find A Handyman is not responsible for the fulfilment of your contract to sell a Provider Service.

5.2. Your contract with a buyer through Our Website is made when you acknowledge the order or commence Your Service. Until that time, the customer’s action is an “invitation to treat”. You have the opportunity to decline a buyer or provide the full information required by the Competition and Consumer Act 2010.

6. Goods and services tax

6.1. Fees and commissions specified in Our Website are inclusive of GST.

6.2. If you are located in Australia, we will show and retain the amount of GST due on our charge for our services in addition to the amount of commission due to us.

6.3. Find A Handyman has the right to demand additional information about your business so far as it may affect your GST registration, at any time, from you or from a governmental authority.

7. Fees and payment

7.1. Find A Handyman offers two pricing packages:

7.1.1 6 months duration for $90.00 for one (1) postcode, or,

7.1.2 12 months duration for $120.00 one (1) postcode.

7.2. The pricing package allows you to list Your Service in only one (1) postcode in Australia only. This postcode is selected by you when you complete your registration information.

7.3. You may select more than one postcode. If you do, additional charges will apply, calculated based on the number of extra postcodes multiplied by the price of a single postcode.

7.4. The duration, of Your Service being listed on Our Website is determined by you when you register or renew the listing.

7.5. Upon completing and submitting to us your registration information we will send you an invoice for the total amount you owe us. The total amount will be calculated based on the package and number of postcodes selected.

7.6. Upon receipt of payment of this invoice we will then list Your Service on Our Website.

7.7. The date of receipt of payment marks the duration of the listing of Your Service on Our Website.

7.8. Failure to pay the invoice will result in Your Service not being listed on Our Website.

7.9. In the event where your account is referred to a collection agency and/or law firm, you will be liable for all costs which would be incurred as if the debt is collected in full, including legal demand costs.

8. Your Provider Service warranties

8.1. You warrant that any Provider Service you place on Our Website for sale:

8.1.1 is not: illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to any third party;

8.1.2 does not offend against the law of any country whose citizens might purchase it;

8.1.3 is not intended primarily to advertise any business, except your business, so far only as it is carried on through Find A Handyman.

8.2. You warrant that you own the copyright of any Provider Service you place on Our Website for sale, or that you have the permission of the copyright owner:

8.2.1 to place the Provider Service on Our Website for sale;

8.2.2 to receive the net proceeds of such sales as arise;

8.2.3 to defend the copyright in the Provider Service.

9. How we handle your Content

9.1. Our privacy policy is strong and precise. It complies fully with current privacy law which is at [link to privacy policy].

9.2. If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control over who sees it or what anyone does with it.

9.3. You now irrevocably authorise us to publish feedback, comments and ratings about Your Services and activity through Our Website, even though it may be defamatory or critical.

9.4. We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.

9.5. Posting Content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.

9.6. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.

9.7. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.

9.8. notify us of any security breach or unauthorised use of your account.

10. Restrictions on what you may Post to Our Website

We invite you to Post Content to Our Website for marketing Your Services . We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law.

We do not undertake to moderate or check any item Posted.

You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:

10.1. be unlawful, or tend to incite another person to commit a crime;

10.2. be obscene, offensive, threatening, violent, malicious or defamatory;

10.3. be sexually explicit or pornographic;

10.4. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;

10.5. use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement.

11. Your Posting: restricted Content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

In addition to the restrictions set out above, a Posting must not contain:

11.1. hyperlinks, other than those specifically authorised by us;

11.2. keywords or words repeated, which are irrelevant to the Content Posted.

11.3. the name, logo or trademark of any organisation other than yours.

11.4. inaccurate, false, or misleading information;

11.5. material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18 years old.

12. Security of Our Website

If you violate Our Website we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

12.1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.

12.2. link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;

12.3. download any part of Our Website, without our express written consent;

12.4. collect or use any service listings, descriptions, or prices;

12.5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;

12.6. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Services;

12.7. share with a third party any login credentials to Our Website.

13. Copyright and other intellectual property rights

13.1. All Content on Our Website, for example page text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of either us or our affiliates or suppliers of services for sale. It is all protected by international copyright laws.

13.2. You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement or with our written consent.

13.3. For the sake of good order you should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text.

14. Interruption to Our Service

14.1. We give no warranty that Our Service will be satisfactory to you.

14.2. We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of Our Service for repairs, maintenance or other good reasons. We may do so without telling you first.

14.3. You acknowledge that Our Service may also be interrupted for reasons beyond our control.

14.4. You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to Our Service.

15. Our disclaimers

15.1. We are not responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss whatever.

15.2. Our Website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website.

15.3. We are not liable in any circumstances for damages resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website.

15.4. Find A Handyman website and Find A Handyman services are provided “as is”. As to Our Website and Our Services, we make no representation or warranty of any kind, express or implied, including, without limitations, warranties:

15.4.1 as to fitness of Our Website and Our Service for a particular purpose;

15.4.2 as to availability and accessibility, without interruption, or without error;

15.4.3 any obligation, liability, or remedy in tort whether or not arising from our negligence.

15.5. You now expressly release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and a buyer.

16. Your indemnity to us

You agree to indemnify us against all loss and expense, including legal fees and management time related in any way to:

16.1. a claim by any person in respect of any Provider Service;

16.2. protecting the reputation of our business by our making a payment to a customer of yours in circumstances where you have failed to make that repayment or otherwise comply with your contract with that customer.

16.3. any cost to us arising from a decision by us to comply as your agent, with any obligation of yours, whether or not we have your permission, arising out of any regulation or law, including:

16.3.1 the deletion or amendment of any text or other content you have placed on Our Website;

16.3.2 any payment we make on an ex gratia basis, arising from a contract between you and a customer;

16.4. legal or other fees we incur in defending a claim or the imposition of a fine or penalty;

16.5. our management time in dealing with any failure or alleged failure by you to comply with any relevant regulation or law.

17. Miscellaneous matters

17.1. You undertake to provide us your current land address, e-mail address and telephone numbers as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this contract.

17.2. So far as any time, date or period is mentioned in this agreement, time shall be of the essence.

17.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

17.4. If you are in breach of any term of this agreement, we may:

17.4.1 publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.

17.4.2 terminate your account and refuse access to Our Website;

17.4.3 remove or edit Content, or cancel any order at our discretion;

17.4.4 issue a claim in any court.

17.5. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.

17.6. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

17.7. When you visit Our Website or send messages to us by email, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on Our Website. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.

17.8. Any communication to be served on either of us by the other shall be delivered by hand or sent by express post or recorded delivery or by e-mail.

It shall be deemed to have been delivered:

if delivered by hand: on the day of delivery;

if sent by post to the correct address: within 72 hours of posting;

If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.

17.9. In the event of a dispute between us, then, if we so ask, you undertake to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

17.10. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.

17.11. We shall not be liable for any failure or delay in our performance of this agreement which is caused by circumstances beyond our reasonable control, including any labour dispute.

17.12. In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.

17.13. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

17.14. The validity, construction and performance of this agreement shall be governed by the laws of the State of Western Australia and you agree that any dispute arising from it shall be litigated only in that State.

Terms and Conditions applicable to a buyer of Services using findahandyman.com.au.

These terms and conditions are the contract between you and Find A Handyman (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them. Our suppliers may also impose additional terms and conditions to which your contract with them will be subject.

Find A Handyman is a trade name of Clam Nada Pty Ltd (ABN 79150043299), whose address is at Unit 38, 328 Albany Highway, Victoria Park, WA.

Under 18 years? Sorry, but we deal only with people who are legally able to enter into a binding contract. Please ask someone over 18 to buy your Products on your behalf.

Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website and stop using Our Website or the services immediately.

1. Definitions

“Content” means the textual, visual or audio content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you.

“Post” means display, exhibit, publish, distribute, transmit and/or disclose information, details and/or other material on Our Website, and the phrases “Posted” and “Posting” shall be interpreted accordingly.

“Service” means all of the services offered for sale through Our Website by a Provider whether free or charged.

“Provider” means a person who offers a Service for sale on Our Website.

“Our Website” means any website of ours, and includes all web pages controlled by us.

“User” means any person other than you who uses or visits Our Website for any purpose.

“you” “yours” etc, means you, the party to this agreement.

2. Our contract

2.1. Find A Handyman is neither a buyer nor provider of Services offered for sale. We are neither a principal nor agent in a buying transaction.

2.2. Find A Handyman is a marketplace. We are agents of a Provider only to the extent of use of Our Website as a platform for sale of their Service.

2.3. We welcome any comment or complaint about a Provider, which you make through Our Website. We may act upon a complaint in our discretion, for the benefit of the body of Find A Handyman members.

2.4. We are not responsible for supply of any Service you order or for the cancellation and refund procedure should you decide to cancel a Service for any reason.

2.5. We are not responsible for any transactions between you and the Provider.

2.6. We are not a party to any agreements or contracts between you and the Service Provider.

2.7. These terms and conditions regulate the business relationship between you and us. By using Our Website free of charge, you agree to be bound by them.

2.8. We provide a market place for the supply of Services. We are in no way responsible for:

2.8.1 your locating and ordering a Service;

2.8.2 your choice of a Service;

2.8.3 any aspect of the provision of the Service;

2.8.4 refund payment for any Service;

2.8.5 any complaint about any Service;

2.8.6 accuracy or completeness of information provided the Provider.

2.9. In any dispute with a Provider, you should deal only with the Provider. We have neither legal obligation nor detailed information about the Services.

2.10. We may change this agreement in any way at any time. The version applicable to your contract is the version which was Posted on Our Website at the time that the contract was made.

3. Your account and personal information

3.1. When you visit Our Website, you accept responsibility for any action done by any person using your name, account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

3.2. You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.

3.3. You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.

4. The buying procedure

4.1. Unless it is clear to the contrary, you may assume that every sale is made by the Provider in the course of their business.

4.2. Prices listed on Our Website by Providers are inclusive of any applicable sales tax.

4.3. Services may be offered for sale subject to any discount or promotion arranged between Our Website and the Provider.

4.4. Services will be provided at the times and places specified in the website or otherwise in terms and conditions of each Provider.

4.5. Every sale will be subject to the laws applicable but there shall not be implied any right which is neither a legal right nor set down in these terms and conditions.

4.6. For detailed about disclosure of personal information please see our privacy notice.

5. How we handle your Content

5.1. Our privacy policy is strong and precise. It complies fully with current privacy law.

5.2. If you Post Content to any public area of Our Website it becomes available in the public domains. We have no control over who sees it or what anyone does with it.

5.3. Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.

5.4. We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights.

5.5. We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.

5.6. You agree to any act or omission which may otherwise infringe your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1968.

5.7. You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.

5.8. Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.

5.9. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.

5.10. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.

5.11. Notify us of any security breach or unauthorised use of your account.

5.12. If you do send to us material of any sort, you are deemed to have granted to us a licence to use it in the terms set out at sub paragraph five above.

6. Restrictions on what you may Post to Our Website

We invite you to Post Content to Our Website in several ways and for different purposes. We have to regulate your use of Our Website to protect our business and our staff, to protect other Users of Our Website and to comply with the law. These provisions apply to all Users of Our Website.

We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can.

You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:

6.1. be unlawful, or tend to incite another person to commit a crime;

6.2. consist in commercial audio, video or music files;

6.3. be obscene, offensive, threatening, violent, malicious or defamatory;

6.4. be sexually explicit or pornographic;

6.5. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;

6.6. use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement;

6.7. request or collect passwords or other personal information from another user without their permission, nor Post any unnecessary personal information about yourself;

6.8. be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for their commercial use;

6.9. include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;

6.10. facilitate the provision of unauthorised copies of another person’s copyright work;

6.11. link to any of the material specified in this paragraph;

6.12. use distribution lists that include people who have not given specific permission to be included in such distribution process;

6.13. send age-inappropriate communications or Content to anyone under the age of 18.

7. Your Posting: restricted content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

In addition to the restrictions set out above, a Posting must not contain:

7.1. hyperlinks, other than those specifically authorised by us;

7.2. keywords or words repeated, which are irrelevant to the Content Posted;

7.3. the name, logo or trademark of any organisation other than yours;

7.4. inaccurate, false, or misleading information.

8. Removal of offensive Content

8.1. For the avoidance of doubt, this paragraph is addressed to any person who visits Our Website for any purpose.

8.2. We are under no obligation to monitor or record the activity of any User of Our Website for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.

8.3. If you are offended by any Content, the following procedure applies:

8.3.1 your claim or complaint must be submitted to us by post or email;

8.3.2 we shall remove the offending Content as soon as we are reasonably able;

8.3.3 after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;

8.3.4 we may re-instate the Content about which you have complained or we may not.

8.4. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.

8.5. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.

9. Security of Our Website

If you violate Our Website we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

9.1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it;

9.2. link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a User who accessed Our Website by typing the URL into a standard browser;

9.3. download any part of Our Website, without our express written consent;

9.4. collect or use any product listings, descriptions, or prices;

9.5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;

9.6. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;

9.7. share with a third party any login credentials to Our Website;

9.8. despite the above terms, we now grant a licence to you to:

9.8.1 create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent;

9.8.2 you may copy the text of any page for your personal use in connection with the purpose of Our Website or a Service we provide.

10. Storage of Data

10.1. We assume no responsibility for the deletion or failure to store, deliver or timely deliver messages.

10.2. We may, from time to time and without notice, set limit(s) on the number of messages you may send, store, or receive through the service, and we retain the right to delete any emails above such limit(s) without any liability whatsoever, and you hereby release us from any such liability. Any notice provided by us to you in connection with such limit(s) shall not create any obligation to provide future notification regarding any change(s) to such limit(s).

11. Termination

11.1. You may terminate this agreement at any time, for any reason, with immediate effect. You may terminate the agreement either by sending notice to us by post or email, or by completing the form on Our Website and submitting it. We reserve the right to check the validity of any request to terminate this agreement.

11.2. We may terminate this agreement at any time, for any reason, with immediate effect by sending you notice to that effect by post or email.

11.3. If you terminate, we shall not be liable to you whatsoever, and you hereby release us from any such liability.

11.4. Termination by either party shall have the following effects:

11.4.1 your right to use Our Website immediately ceases;

11.4.2 we are under no obligation to forward any unread or unsent messages to you or any third party.

11.5. At any time if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement, we reserve the right to terminate any and all parts of Our Website access.

12. Copyright and other intellectual property rights

12.1. All Content on Our Website, for example page text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of either us or our affiliates or suppliers of Services for sale. It is all protected by international copyright laws.

12.2. You may not copy, or in any way exploit any of the content, except as is expressly permitted in this agreement or with our written consent. For the sake of good order, you should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text.

13. Interruption to the Find A Handyman service

13.1. We give no warranty that our service will be satisfactory to you.

13.2. We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our service for repairs, maintenance or other reason. We may do so without telling you first.

13.3. You acknowledge that our service may also be interrupted for reasons beyond our control.

13.4. You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to Our Website service.

14. Indemnity

You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of:

14.1. your use of Our Website;

14.2. the breach or violation of this agreement by you;

14.3. the infringement by you, or by any other User of Our Website using your computer, of any intellectual property or other right of any person or entity;

14.4. your failure to comply with any law;

14.5. a contractual claim arising from your use of Our Website or purchase of Service.

15. Disclaimers about Our Website

15.1. Your use of Our Website is without any warranty or guarantee.

15.2. Where we provide a service without specific charge, then it is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of any such service.

15.3. We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the services described on Our Website, at any time and without notice to you.

15.4. You are advised that Content may include technical inaccuracies or typographical errors.

15.5. Our Website contains links to other websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.

15.6. We are not liable in any circumstances for special, indirect or consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website.

15.7. Our Website and service is provided “as is”. We make no representation or warranty of any kind, express or implied, including, without limitation, any warranty that either of them will be:

15.7.1 of satisfactory quality;

15.7.2 fit for a particular purpose;

15.7.3 available or accessible, without interruption, or without error.

16. Disclaimers about the Service

16.1. All of the Content on Our Website relating to any Service has been provided by a Provider. We do not accept responsibility for the accuracy of any claim or advertisement.

16.2. We make no representation, warranty or other provision with regard to the Services and you acknowledge that you do not rely on any made by us, but solely on your contract with a Provider.

16.3. So far as concerns Services you purchase through Our Website, we are not liable for:

16.3.1 any Service complying with the requirement of any law or being available;

16.3.2 the Provider performing their contract.

16.4. We give no warranty, representation or undertaking whatever as to the continuing business of a Provider or that any Service offered for sale by a Provider will be useful or suitable for you.

16.5. You now expressly release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and a Provider.

17. Miscellaneous matters

17.1. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

17.2. If you are in breach of any term of this agreement, we may:

17.2.1 publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication;

17.2.2 terminate your account and refuse access to Our Website;

17.2.3 remove or edit Content, or cancel any order at our discretion;

17.2.4 issue a claim in any court.

17.3. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.

17.4. No failure or delay by us to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

17.5. When you visit Our Website or send messages to us by email, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on Our Website. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.

17.6. Any communication to be served on either party by the other shall be delivered by hand, sent by a recorded delivery postal service, sent by a commercial service or by email. It shall be deemed to have been delivered: on the day of delivery if delivered by hand, or within 72 hours of posting if delivered by recorded post to the correct address, on the day of delivery if sent by commercial service or within 24 hours of sending if sent by email to the address from which the receiving party has last sent email and no notice of non-receipt has received by the sender. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

17.7. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.

17.8. We shall not be liable for any failure or delay in our performance of this agreement which is caused by circumstances beyond our reasonable control, including any labour dispute.

17.9. In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.

17.10. The validity, construction and performance of this agreement shall be governed by the laws of the State of Western Australia and you agree that any dispute arising from it shall be litigated only in that State.