Terms of Service

The following provisions govern your use of 247ts.com.au (the “247ts.com.au Web Site”) and all other services made available to you through the 247ts.com.au Web Site including the 247ts.com.au web site. PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE 247ts.com.au Web Site. By using the 247ts.com.au Web Site, you agree to be bound by these Terms of Service which constitute a contract between you and 247 Tech Solutions Pty Ltd (ABN 43 617 038 972 ) of A0039, 459 Scarborough Beach Road, Osborne Park, WA, 6017 (“we” or “us”). If you do not agree to all of the provisions contained in these Terms of Service, DO NOT use the 247ts.com.au Web Site. We reserve the right to revise and update these Terms of Service at any time. Please periodically review these Terms of Service. Your continued use of the 247ts.com.au Web Site constitutes your acceptance of and agreement to any revised Terms of Service.

Please also see our Privacy Policy.

User Submissions

General

It is a condition of these Terms of Service that all information or content you post and/or submit to be posted or used on the 247ts.com.au Web Site, including all advertisements, photos and creative designs, are either your own works or works which you are using with the permission of the owner. Subject to any other clauses of these Terms of Service, by submitting information or content (including advertisements, photos and designs) to any part of the 247ts.com.au Web Site you automatically grant to us, or warrant that the owner of such information has expressly granted to us, a royalty-free, perpetual, irrevocable, worldwide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, disseminate, communicate, perform, and display your name and the information alone or as part of other works in any form, media, or technology whether now known or hereafter developed. You warrant that any and all information you post to the 247ts.com.au Web 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 247ts.com.au Web Site, including in any directories, is true, complete and correct

Ratings

We may, from time to time, allow users who engage with a Field Technician through the Web Site to rate their experience with that Field Technician. While we verify that feedback comes from users who engaged with the Field Technician through the Web Site, the content of the feedback is the user’s opinion. The ratings are a collation of user feedback and do not constitute an endorsement or recommendation by us in connection with any Field Technician. Ratings are not a substitute for making your own inquiries as to the suitability of any Field Technician that you are considering hiring.

You acknowledge that in submitting any rating feedback you will act honestly and fairly and that you will not do anything which might unfairly damage the reputation of a Field Technician or undermine the operation of the ratings system. We reserve the right to remove feedback from the star rating system which we deem to be inappropriate or deceptive.

By accepting these Terms of Service when registering your account, you hereby assign to us all present and future copyright in all of original content submitted or posted by you to the 247ts.com.au Web Site including without limitation: comments, forum posts, public messages, reviews, ratings and the compilation of any inspiration board (but not including the contents of any advertisement, advertiser’s profile, or any ‘get a quote’ submission). You also irrevocably authorise us to use the content in any way we please, including in a way that you might consider to infringe your moral rights in the content. For the avoidance of doubt, nothing in this paragraph requires you to create an account in order to be bound by these Terms of Service, and your use of the 247ts.com.au Web Site constitutes your agreement to these Terms of Service.

Review of submissions

Files that you upload, public messages that you send and your activity in dialogue, discussion, and forums on the 247ts.com.au Web Site are subject to review, modification and deletion without notice by the discussion or forum manager. Files that you upload to a bulletin board are subject to posted limitations on usage, reproduction and/or dissemination and you are responsible for adhering to such limitations. You should be aware that personally identifiable information you choose to disclose on the 247ts.com.au Web Site may be used by third parties and such use is beyond our control.
You must not post any information which (i) is libellous, defamatory, obscene, offensive, sexually explicit, fraudulent, false, unlawful, or contrary to the ownership or intellectual property rights of any other person, or (ii) contains any virus, worm, trojan or other code which is contaminating or destructive to the files, data or programs of the 247ts.com.au Web Site or any of our users.
We may deny you access to all or part of the 247ts.com.au Web Site and/or suspend or cancel your service 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 of Service 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 service account.

Copyright and Trade Marks

The entire contents and design of the 247ts.com.au Web Site, including all trade marks, text, images and audio and video files, is proprietary to us or our content providers and is protected by copyright laws. The 247ts.com.au Web Site is for your personal, non-commercial use. You may not reproduce, modify, copy, distribute, transmit, communicate, display, publish or use any material contained in the 247ts.com.au Web Site and/or our e-newsletters without our express prior written permission or the permission of the relevant copyright owner. You may not use any of the information or content on the 247ts.com.au Web Site for commercial purposes or to establish, operate or maintain your own product or service offering. You acknowledge that any breach by you of this paragraph may cause damage to us which cannot adequately be remedied by damages and that if you breach or act in a way which threatens to breach this paragraph, we may seek injunctive relief against you.

General Disclaimer

Under the Australian Consumer Law, you are entitled to certain guarantees in relation to our supply of the 247ts.com.au Web Site which cannot be excluded, restricted or modified (Consumer Guarantees). To the extent permitted by law, our liability for failure to comply with a Consumer Guarantee is limited (at our option) to: (a) in the case of goods supplied to you, to the replacement of the goods or the supply of equivalent goods (or the payment of the cost to you of the replacement or supply), or the repair of the goods (or the payment of the cost to you of the repair) and (b) in the case of services supplier to you, the supply of the services again, or the payment of the cost of having the services supplied again.
Subject to the Consumer Guarantees: (a) the 247ts.com.au Web Site is provided on an ‘as is, with all faults and as available’ basis and to the extent permitted by law without any warranties of any kind, either expressed or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, warranties of title or non-infringement, or warranties arising from course of dealing or custom of trade; (b) we make no representation or warranty that any content of the 247ts.com.au Web Site is accurate, complete, appropriate, reliable or timely; and (c) we also make no representation or warranty that your access to and use of the 247ts.com.au Web Site will be uninterrupted, secure, error-free, free of viruses or unauthorised code or other harmful components. We reserve the right to discontinue operating the 247ts.com.au Web Site at any time without notice.

Use of the 247ts.com.au Web Site

Expect as required by the Consumer Guarantees, your use of the 247ts.com.au Web Site is at your own risk. You are responsible for taking all precautions you believe necessary or advisable to protect you against any claim, damage, loss or hazard that may arise by virtue of your use of the 247ts.com.au Web Site. Neither we nor anyone else involved in creating, producing or delivering the 247ts.com.au Web Site, our e-newsletters, or the materials contained therein assumes any liability or responsibility for the accuracy, completeness or usefulness of any information provided therein, nor, to the extent permitted by law, shall any of them be liable for any direct, indirect, incidental, special, consequential or punitive damages arising out of your use of, or inability to use, the 247ts.com.au Web Site.
You must not use any means of automatically searching or mining data from the 247ts.com.au Web Site or in any way interfere or attempt to interfere with the proper operation of the 247ts.com.au Web Site.
You agree not to take any action that imposes an unreasonable burden on our infrastructure or otherwise tampers or interferes with the 247ts.com.au Web Site, our systems or data or those of any third party via the 247ts.com.au Web Site.

Disclaimer

We strive to provide valuable and accurate information. The editors of the material contained in the 247ts.com.au Web Site have consulted sources believed to be reliable in their efforts to provide information that is correct at the time of posting. However, in view of the possibility of error by the authors, editors, or publishers of the works contained in the 247ts.com.au Web Site neither we nor any other party involved in the preparation of material contained in the 247ts.com.au Web Site or in our e-newsletters represents or warrants that the information contained therein is in every respect accurate or complete, and, to the extent permitted by law, they assume no responsibility for any errors or omissions or for the results obtained from the use of such material. You are encouraged to confirm the information contained therein with other sources.

Consumers reading articles or other material posted on the 247ts.com.au Web Site or e-newsletters should review the information carefully. The information is not intended in any way to be a substitute for professional advice. Neither the content nor any other service offered through the 247ts.com.au Web Site or our e-newsletters is intended as professional advice.
We do not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any professional or facility listed in our directories. We rely on the professionals or the facilities listed in our directories to provide accurate information and assume no responsibility for verifying the information provided. Use of our directories to locate a professional or facility is wholly voluntary and, to the extent permitted by law, in no event will we or any of our agents be liable for damages to any user of our directories for the selection of a professional or facility or for the services provided by any professional or facility listed therein, or for any other loss or damage which may occur as a result thereof. We recommend that you check the certification and/or licensing of any professional or other service provider with the applicable licensing Board or authority.
You should satisfy yourself as the competence, solvency, insurances and licensing of anybody you decide to retain as a result of a connection made through our services, including the Get a Quotes service. Under no circumstances shall we be liable for any damages whatsoever as a result of losses caused to you by a person or entity that you retain as a consequence of using our directory or services.
The 247ts.com.au Web Site may contain links to web sites operated by third parties. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site or any changes or updates to such sites. The appearance of any product, service or web site link on the 247ts.com.au Web Site and/or in our e-newsletters does not imply endorsement, approval or warranty by us and we disclaim all liability with regard to any such products, services or web site links. You (as Customer or Field Technician) agree and acknowledge that:

Unless otherwise specified, the Services (including Jobs) are provided by Field Technicians, or other third party providers, who are independent third parties and are not employed by or agents of 247ts;
Any agreement to provide the Services (including Jobs) is between the Customer and Field Technician only;
The Services may also be subject to any Terms of Service between the Customer and the Field Technician or other third party provider of those Services;
Your use of the 247ts website and/or app, including to redeem any Voucher, or activating any Coupon, or book (or, in the case of Field Technicians, accept any booking for) any Job or Services is subject to 247ts’ Terms of Service (available at https://247ts.com.au/terms) (“247ts Terms of Service”), including the disclaimers, limitations of liability and indemnities by you under those Terms of Service;
Subject to the Australian Consumer Law and the Consumer Guarantees, 247ts has no obligation to deliver the Services, and makes no representation or warranty, and accepts no liability whatsoever in respect of the Services or any Job (except to the extent that cannot be excluded under any consumer law or other law, which shall remain in full force and effect).

Payment Facilitator

We use Stripe as a third party service provider for internet based payment services to facilitate payments for transactions between you and the field technicians are part of our network. You agree to be bound by Stripe’s Privacy Policy with is located at https://stripe.com/en-au/privacy hereby 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 service provider(s). You also agree to be bound by Stripe’s Stripe Services Agreement which is https://stripe.com/en-au/ssa

Indemnification

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 reasonable solicitor’s fees, resulting from any violation of these Terms of Service or any activity related to your service account (including infringement of third parties’ intellectual property rights anywhere in the world or negligent or wrongful conduct) by you or any other person accessing the 247ts.com.au Web Site using your service account. This indemnity does not apply to the extent that we acted negligently or wilfully engaged in misconduct

Waiver, Release and Limitation of Liability

Except in respect of the Consumer Guarantees and to the extent permitted by law, you agree that neither we, nor our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers shall have any liability to you under any theory of liability or indemnity in connection with your use of the 247ts.com.au Web Site. Our liability for any claim arising from a breach of any term or condition implied by any law which may not be excluded (including, without limitation, the Consumer Guarantees) will be limited to the maximum extent permissible which, in the case of services, will be to the re-supply of the relevant services or the payment of the cost of having the relevant services re-supplied.
Notwithstanding the foregoing paragraph, except in respect of the Consumer Guarantees and to the extent permitted by law, the total liability of us, our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers, if any, for any loss or damage arising in connection with the 247ts.com.au Web Site shall not exceed the greater of the amount of fees paid by you for the particular information or service provided or AUD$200. Except where such limitation is prohibited by law, in no event shall we, our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers be liable to you for any loss or damage other than the amount referred to above, and their liability for all other loss or damage, whether direct or indirect, special, incidental, consequential or punitive, arising from any use of the 247ts.com.au Web Site is hereby excluded even if we or our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers have been advised of the possibility of such damages.
Except in relation to a Consumer Guarantee, neither we, nor any of our affiliates, directors, officers or employees, nor any third party vendor will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of the 247ts.com.au Web Site, or resulting from the act or omission of any other party involved in making the 247ts.com.au Web Site or the information contained therein available to you, or from any other cause relating to your access to or your inability to access the 247ts.com.au Web Site or that information, except to the extent we acted negligently or engaged in wilful misconduct.

Third Party Rights

The provisions of Indemnification and the Waiver, Release and Limitation of Liability are for our benefit and the benefit of our officers, directors, employees, agents, partners, advertisers, information providers, licensors and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

Miscellaneous

Advertisers and sponsors of the 247ts.com.au Web Site and/or its e-newsletters have no influence on editorial content or presentation.
You may not assign or transfer any of your rights or obligations under these Terms of Service without our prior written consent.
Our relationship with you under these Terms of Service is one of independent contractors and not of partnership, joint venture or principal and agent.
We will send any legal notices or communications regarding your service account to your nominated email address. Please ensure that a valid email address is recorded at all times. Your primary point of contact with us should be via the “Contact Us” facility on the 247ts.com.au Web Site. Any formal notices or communications should be sent to our postal address set out at the beginning of these Terms of Service. A notice sent to you by email or facsimile will be deemed to have been received by you 24 hours after it was sent, regardless of whether or not you have actually read the notice. Notices sent by mail will be deemed to have been received 3 days after the date of mailing (7 days if sent to or from outside Australia).
If any clause or provision of these Terms of Service is determined to be illegal, invalid or unenforceable or capable of termination by a party in any jurisdiction in which these Terms of Service are to operate, then such clause or provision will be construed, to the extent feasible, to render 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 of Service without affecting the enforceability of all remaining clauses and provisions.
These Terms of Service are governed by the laws of Western Australia, Australia.
Last updated on 27 July 2021.