| 2.1 |
You acknowledge that various tradesmen have paid SuperTradie in return for the opportunity for each to be considered for work which may suit Your requirements. |
| 2.2 |
SuperTradie has agreed to promote the specialist areas of various tradesmen in consideration for the fee paid by the tradesmen to SuperTradie. |
| 2.3 |
SuperTradie will take into consideration the services requested by You and compare these with the Services offered by each tradesmen on their records. |
| 2.4 |
SuperTradie agrees to use all their expertise to provide You with the best possible tradesmen for the details You have entered pursuant to clause 1.2. |
| 2.5 |
If a tradesmen is engaged by You through the assistance of SuperTradie, You are to then negotiate with the tradesmen directly to secure the Services. If You do not engage the tradesmen to obtain the Services following this initial contact, You agree that You have no right to seek any compensation whatsoever from SuperTradie. |
| 2.6 |
You acknowledge and agree that SuperTradie makes no guarantee that they will be able to locate a tradesmen suitable for You to provide the Services. |
| 2.7 |
You shall have no claim against SuperTradie hereunder or otherwise for any defects in the Services of any kind nor for the quality of workmanship. |
| 4.1 |
You warrant that prior to receiving the Services, You will arrange to sight and approve all necessary licences held by the tradesmen as required by law to perform the Services. |
| 4.2 |
SuperTradie does not warrant that the Services shall adequately satisfy the requirements which You had originally requested despite the information You provide SuperTradie pursuant to clause 1.2. |
| 4.3 |
In the event that for whatever reason You are not satisfied with the Services pursuant to clause 4.2 You agree that You have no right to seek any compensation whatsoever from SuperTradie. |
| 4.4 |
Notwithstanding the foregoing you shall indemnify and save SuperTradie from and against any costs, damages, loss or liability of any kind (including legal costs and disbursements in defending or settling the claim giving rise to same) however suffered or incurred by You, by virtue of the provision of the Services or any breach of this agreement by You. Such indemnity shall extend (without limiting the generality of the foregoing) to any costs, damages, loss or liability (including legal costs and disbursements in defending or settling the claim giving rise to the same) incurred by You, by virtue of any injury or disability suffered by You, arising from the provisions of the Services through whatever legal theory (whether statutory, tortious or otherwise). |
| 4.5 |
You represent that You are free to enter into these terms and conditions and that this engagement does not violate the terms of any agreement between You and any third party. Further, You, in receiving the Services shall not utilize any invention, discovery, development, improvement, innovation, or trade secret in which You do not have a proprietary interest. |
| 4.6 |
You expressly acknowledge and agree that the tradesmen is free to perform any other services for any other party during completion of the Services. |
| 9.1 |
You agree that during the course of Your involvement with SuperTradie that You may become acquainted with or have access to Confidential Information. |
| 9.2 |
You agree that both during and after Your involvement with SuperTradie that You will maintain the Confidential Information and prevent its unauthorised disclosure to or use by any other person, firm or company, unless or until authorised in writing to disclose any Confidential Information by an authorised officer of SuperTradie or any of its related bodies corporate. |
| 9.3 |
You agree that You shall not:
| (a) |
use the Confidential Information for any purpose other than for the benefit of SuperTradie during or after the term; |
| (b) |
remove the Confidential Information from the premises of SuperTradie without the written consent of SuperTradie; |
| (c) |
for whatever reason, either for itself or any third party, appropriate, copy, memorise or in any manner reproduce any of the Confidential Information. |
|
| 9.4 |
You agree to return any or all of Confidential Information howsoever embodied at the request of SuperTradie. |
| 9.5 |
You agree that You shall not, both during or after the term for whatever reason, make improper use of the Confidential Information acquired by virtue of this agreement, to gain directly or indirectly, an advantage for itself or for any other person or to cause detriment to SuperTradie. |
| 9.6 |
Nothing in this agreement shall impose an obligation on You with respect to maintaining confidence regarding information which is generally known or available by publication, commercial use or otherwise than as a result of a breach by You of its obligation in this section. |