PLEASE READ THESE BUYER TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WEBSITE AND SERVICES.
LOCALCHAMP SERVICE PROVIDER TERMS AND CONDITIONS
- These Terms govern your use of our website located at www.localchamp.com.au (the Site) and form a binding contractual agreement between you, the Service Provider and us, The Quick Quote Pty Ltd trading as LocalChamp (LocalChamp). For that reason, these Terms are important and you should read them carefully and contact us with any questions before you use the Site and Services.
- By completing the registration process and using the Services, or by viewing or browsing the Site, you acknowledge that you have had sufficient chance to read and understand these Terms, and that you agree to be bound by them.
- You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.
- If you do not agree to these Terms, you may not access or otherwise use the Site and the LocalChamp Services offered on the Site.
In these Terms:
Content means any and all data, text, software, images, audio or video material and other content, in any medium, provided by usto you.
Buyer means a person who gains access to the Site and Services, whether as a registered Buyer or a casual website browser, in order to post Service Requests and to purchase Services from you.
Credits means the credits you buy from us that entitle you to bid or quote on a Service Request.
Credit Fees means the fees you pay to purchase Credits.
Engagement means the successful binding contractual arrangement that becomes effective at the time the Buyer accepts a bid or quote from you to provide your Services in response to the Buyer’s Service Request.
Fees means the fees a Buyer must pay to you for the Services pursuant to the terms of the Engagement.
Intellectual Property means all intellectual property rights, including all copyright, patents, trademarks, design rights, trade secrets, domain names, know-how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application.
LocalChamp Services mean the platform we provide for the quoting and pairing of Buyers and Service Providers and any other service we offer from time-to-time through the Site. In particular this includes issuing Credits to you. This includes LocalChamp Services currently offered by us and any LocalChamp Services or products that we may choose to offer in the future.
Services means the services you and other Service Providers provide to Buyers.
Service Providers means other providers of services who use the Services and may be invited by us to submit a quote or bid in response to a Service Request.
Service Provider Information means information, data or content provided by you in any form of medium, whether or not such information is owned by you, contained in the registration or given by you or on its behalf to us for use in conjunction with the Services and for the purchase of Service Provider Credits from us via the Site.
Service Request means a request from a Buyer for a service via the Site which may result in a bid or quote from Service Providers, including you, which may or may not result in an Engagement.
Site means www.localchamp.com.au and various other websites under the control of the company that redirect to the main Site.
Terms means these Service Provider Terms and Conditions and the documents referred to in it.
We, us, our, the company, LocalChamp means The Quick Quote Pty Ltd trading as LocalChamp.
You or Your means you, the person using the Site or LocalChamp Services in your capacity as a Service Provider whether as a casual visitor or a registered user.
- ACCESSING THE SITE
- You acknowledge and agree that although we will use all reasonable efforts to ensure that the LocalChamp Services are available, temporary interruptions of the LocalChamp Services available through the Site may occur. We shall not be liable to any person or entity for loss or damage incurred by such downtimes.
- All content and services provided on or through this Site are provided “AS IS” and “AS AVAILABLE” for your use. The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement. Your use of this Site is solely at your risk.
- We reserve the right to withdraw or amend the LocalChamp Services and Content we provide on the Site without notice. We may restrict access to some parts of or the entire Site, from time to time.
- REGISTRATION INFORMATION AND PASSWORDS
- you agree that all information provided during the registration process is true and accurate and you will update this information in order to keep it current, complete and accurate; and
- During the registration process, you will be asked to select a password for your account. You agree to keep your password confidential at all times and must not disclose it to any third parties. You agree to be fully responsible for activities that relate to your account or your password. If you have reason to believe that your password has been obtained by someone else without your consent, you must inform us immediately to disable your account. If a third party accesses your account because your credentials are compromised, we are not liable to you in any way. If you become aware of your credentials being compromised, you must advise us immediately. We reserve the right to suspend or terminate your registration with us in the event of your credentials being compromised.
- SCOPE OF SERVICES
- The Site and LocalChamp Services are provided to you for individual use, solely for internal use by you for your own personal use.
- The Site and LocalChamp Services allow for Buyers to upload via a webform we provide for a Service Request. We only provide the Site and the LocalChamp Services as a platform for use by Buyers and Service Providers. We do not offer the LocalChamp Services in our own capacity, nor do we recommend or endorse any particular Buyers, Services or Service Providers.
- The Site and LocalChamp Services are provided to assist Buyers in obtaining the most competitive deals to purchase Service Provider Services. The Site and LocalChamp Services are not designed to provide qualitative advice regarding the fitness for purpose and merchantability of any Service Provider Services.
- YOUR OBLIGATIONS FOR THE USE OF OUR SERVICES
- You must:
- provide us with your registered business name;
- provide us with an active email address for us to direct receipt of emails;
- provide us with an active mobile telephone number capable of receiving voice calls and SMS for us to direct receipt of enquiries and quotes and may also provide us with an active land line number;
- provide us with the current, valid, ABN for your business;
- details of your primary profession;
- promptly notify us of any relevant changes to your contact details;
- only quote or bid on Service Requests that you are licensed and qualified to carry out (where any such licences or qualifications apply);
- bid or quote on Service Request promptly and carry out all Engagements with due skill and care;
- You must not, in performing or in connection with an Engagement, or in using the Site or Services:
- make any statement or representation to any person, or advertise, post or publish any content that is false, misleading or likely to mislead, or is otherwise illegal, offensive, vulgar or unacceptable, or which could expose us or a third party to liability of any kind;
- engage in any unlawful, offensive or unacceptable conduct, or behave in an unprofessional or negligent manner;
- reproduce without lawful authority in any manner or form any copyright material or other intellectual property; or
- represent that you are employed by, or that you are an agent or contractor of us.
- If you fail to comply with any of your obligations we shall be entitled to suspend or terminate the provision of our LocalChamp Services to you until such time as you rectify the relevant failure. Our suspension or termination of the LocalChamp Services in these circumstances will not relieve you or any of your obligations to us under this Agreement, including your obligation to pay all Credit Fees otherwise due to us.
- You must:
- CREDITS AND CREDIT FEES
- You may, from time-to-time, elect to purchase Credits from us. The process and Credit Fees payable for the Credits are located on our Website.
- Credits entitle us to match Service Requests with you from time-to-time. We are under no obligation to provide you with a Service Request to respond to.
- QUOTING CREDITS
- Where you have paid us a fee for purchase of quoting credits, those quoting credits:
- are not redeemable outside of the Site.
- are valid for a fixed period, as described on the Site, commencing at the time of purchase after which they will expire.
- Where you have paid us a fee for purchase of quoting credits, those quoting credits:
- REFUND POLICY
- You acknowledge and agree that as a term and condition of using the Site and the LocalChamp Services, any Credit Fees you pay us or are liable to pay us are non-refundable.
- If you are unhappy with the LocalChamp Services and have outlined in detail the reasons for your grievance, we will consider the application for a refund and in our absolute discretion will either:
- reject the claim; or
- offer you credit on your account; or
- refund your Credit Fees.
- In any other case refunds will only be given in our absolute discretion.
- If we find your account is in poor standing or there has been abuse reported against your account, we may refuse any Credit Fee refund.
- TRANSACTIONS BETWEEN YOU AND BUYERS
- You acknowledge and agree that you are responsible for ensuring that you obtain all information necessary to respond and action a Service Request includes all terms and conditions the Buyer requires for the delivery of the Service Provider Services.
- You acknowledge that once a Buyer accepts a quote or bid from you to complete a Service Request, an Engagement is formed and the you are entering into a legally binding contract to provide the Services to the Buyer.
- Any such Engagement is formed only between you and the Buyer. We are not a party to such Engagement and therefore are not responsible for any your representations regarding any warranties, payments, fitness for purpose, merchantability or any other representations about the Services you provide to the Buyer.
- You agree to provide all the information and materials as may reasonably be required by the Site in relation to all Engagements conducted on, or through, or as a result of the use of the Site. The Site has the right to suspend or terminate your account if the Buyer fails to provide the information and materials as required by the Site.
- This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action.
- We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the LocalChamp Services or the Content contained on the Site for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the LocalChamp Services or that the operation of our Site will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Site or the Services.
- THIRD PARTY WEBSITES
- The LocalChamp Services and the Site may link to other websites, LocalChamp Services or resources on the Internet, and other websites, services or resources may contain links to the Services. These websites are not under our control and are not maintained by us. We are not responsible for the content of those sites. Any links to external websites are solely provided as a convenience, and the inclusion of any link to external websites does not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.
- We make no representation about any other website you access through this one. Please understand other websites are independent from our sites so we do not accept responsibility for such websites.
- INTELLECTUAL PROPERTY
- Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.
- We own and retain all proprietary rights to the Site, the LocalChamp Services provided through the Site, and all associated Intellectual Property rights. You are permitted to use the LocalChamp Services only as authorised by us. As a Service Provider, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Site and LocalChamp Services to create, display, use, play, and download Content subject to these Terms.
- Our Intellectual Property must not be used in connection with a product or service that is not affiliated with us or in any way brings us in disrepute.
- You must not modify the physical or digital copies of any Content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.
- Service Provider Generated Content
- We are under no obligation to monitor the accuracy or reliability of the information you provide about yourself to us.
- You grant us a royalty-free, perpetual license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play and exercise all Intellectual Property rights without limitation with respect to your content worldwide or to incorporate your content in other works in any media now known or later developed for the full term of rights that may exist in your content.
- You warrant that any and all information you upload via the Site (i) complies with all relevant laws; (ii) does not infringe the intellectual property rights (including but not limited to copyright and trade marks) of any person; (iii) is not misleading or deceptive nor likely to mislead or deceive; and (iv) does not violate any privacy laws or regulations or confidentiality restrictions. You warrant that any and all information submitted by you and posted on the Site, including in any directories, is true, complete and correct.
- PROHIBITED USE
- You acknowledge and agree that you are responsible for your own conduct and the LocalChamp Services while using the Site and for any consequences thereof. You agree to only use the Site only for purposes that are legal, proper, and in accordance with this Term and the documents referred to in it. Prohibited conduct and use includes, but is not limited to:
- defamation, abuse, harassment, stalking, threatening or otherwise violating the legal rights of others;
- impersonation of another person or entity, or falsification or deletion of any attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
- restrict or inhibit any other user from using and enjoying the Services;
- use the LocalChamp Services for any illegal or unauthorized purpose;
- interfere with or disrupt the LocalChamp Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the LocalChamp Services or collect information or data contained within site about users for any unauthorized purpose;
- create user accounts by automated means or under false or fraudulent pretences;
- promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
- transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
- FAIR USE
- You must not:
- modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, sublicense, transfer, assign, rent, sell or otherwise convey any information, software, products or services obtained from the LocalChamp Services without the prior written consent from us; or
- disassemble, decompile or otherwise reverse engineer all or any portion of the Site, LocalChamp Services or Content; or
- impose or attempt to impose an unreasonable or disproportionately large load, as determined by us at our sole discretion, on the Site’s and Services’ infrastructure; or
- interfere or attempt to interfere with the normal course and process of the Services; or
- bypass any computer systems or secured networks connected to the Services; or
- use manual or automated software, devices, or other processes to harvest or scrape any Content from the Site and Services; or
- do any other act that may constitute an improper use of the Site and Services, as determined by us at our sole discretion.
- YOUR COMMENTS
- Files that you upload, public messages that you send via our Site and your activity in dialogue, discussion, and forums on the Site are subject to review, modification and deletion without notice by us. You should be aware that personally identifiable information you choose to disclose on the Site may be used by third parties and such use is beyond our control.
- We may deny you access to all or part of the Site and/or suspend or cancel your account without notice if we, in our reasonable discretion, determine that you have engaged in conduct that violates any law or any provision of these Terms or is otherwise inappropriate. We will not be liable for any loss of profit or business opportunity that may result from the suspension or cancellation of your account and you are not entitled to a refund of your unused Credits or Credit Fees.
- LIMITATION OF LIABILITY AND INDEMNITY
- You agree that we shall not be liable for any damages suffered as a result of using the Services, quoting and bidding on a Service Request, becoming a party to an Engagement, copying, distributing, or downloading Content from the Site.
- In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
- We do not endorse any Service Requests or any Buyers, and expressly disclaim any and all liability in connection with them. In no event shall we be liable for any claims by a third party in tort or contract, or pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited, to any misleading statements made and/or incorporated into any Service Requests created using the Services. It is your sole responsibility to ensure the accuracy of the data inputted in your data for quotes and bids and communications with Buyers.
- You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Site and LocalChamp Services and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Site and Services. You must not assign or otherwise dispose of your account to any other person.
- Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.
- As a condition of your access to and use of the Site, you agree to indemnify, defend and hold harmless us, our directors, officers, employees and agents and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to:
- your access to and use of the Site and LocalChamp Services ((including infringement of third parties’ intellectual property rights anywhere in the world or negligent or wrongful conduct); or
- any activity related to an Engagement;
- a claim by a Buyer against us relating to your act or omission;
- your breach of these Terms and any applicable law or the rights of another person or party.
- This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.
- Nothing in these Terms limits any right or obligation you have under the Australian Consumer Law, including any consumer guarantee or right to refund, or any other right you have under any law, to the extent that it cannot lawfully be excluded or limited.
- You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate your access to the Site and Services, and/or your registration, or suspend or block your access to the Site and Services.
- We may terminate or suspend your access to the Site if there is a failing to make any required payments of Credit Fees. If you subsequently want your account to be reinstated, you must pay all monies due and owing to us including any applicable costs or charges. You may then have to open a new account as all your data may have been deleted, archived, or lost.
- We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith including any claims by Buyers including but not limited to claims arising out of Engagements.
- If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records.
- By using the Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site.
- You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.
- Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an email is sent, or 3 days after the date of posting any letter. As proof of service, it is sufficient that:
- For letters, the letter was properly addressed, stamped and placed in the post; and
- For emails, the email was sent to the specified email address.
- NO WAIVER
- If we fail, at any time, to insist upon strict performance of your obligations under these Terms, or if we fail to exercise any of the rights and remedies we are entitled to under these Terms, this will not constitute a waiver of such rights or remedies and it will not relieve you from compliance with your obligations.
- If we waive a default, it does not constitute a waiver of any subsequent defaults.
- No waiver is effective unless it is expressly stated by us to be a waiver and is communicated to you in writing.
- FORCE MAJEURE
We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:
- Acts of god;
- Natural disasters;
- Pandemic or epidemic;
- Shortage of supplies, equipment, and materials;
- Strikes and lockouts;
- Civil unrest;
- Computer hacking; or
- Malicious damage.
If any court decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, that term will, to that extent only, be severed from the remaining terms. The rest of these Terms will continue to be valid.
- ENTIRE AGREEMENT
- These Terms, and the documents expressly referred to in them, constitute the entire agreement between you and us, and supersede all previous discussions, correspondence, negotiations, previous arrangements, understanding or agreement between us relating to the Services.
- We each acknowledge that, in entering into these Terms, neither of us relies on, and subsequently will have any remedies for, any representation or warranty that is not set out in these Terms.
- GOVERNING LAW
These Terms is governed by the laws of the State of Queensland and each party submits to the jurisdiction of the courts of the State of Queensland.
- UPDATES TO THESE TERMS
- We reserve the right, in our discretion, to correct any errors or omissions in any part of the Site and Services. We may restrict access to parts or the entire Site and LocalChamp Services at any time, including, but not limited to, Content, certain features and Services, hours of availability, and equipment needed for access or use, without notice or liability.
- Any material on the Site and LocalChamp Services may be out of date at any given time and we are under no obligation to update such material.
- Any complaints regarding a store or a Service Provider should be directed first to the Service Provider. If the dispute is not resolved, Buyers may refer their complaints to us.
- We reserve the right, in our sole discretion, to change, modify, add or remove any part of these Terms, in whole or in part, at any time. Notification of the changes to these Terms will be posted on the Site and will be effective immediately, unless expressed otherwise.
- It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to unsubscribe from the Site and Services. Your continued use of the Site and LocalChamp Services will be deemed as your acceptance thereof.
- We may assign or sublicense any of our rights or obligations under these Terms at any time, without obtaining your consent.
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