A Customer means anyone who browses or uses this website for the purpose of locating a Service Provider or using the Perth Emergency Plumbers Trading As IHub Solutions Services.
By using this website, you agree to be bound by the following terms and conditions:
Terms and conditions are contractually binding
You acknowledge and agree that these terms and conditions are contractually binding and constitute the complete terms and conditions which govern my use of the Service, the provision of Your Information and your obligation to indemnify the Indemnified from liability arising out of the provision of your services to third parties.
You warrant that:
(a) You are over the age of 18 years of age or are a duly incorporated body corporate;
(b) You have authority to enter into and perform all of your obligations under these terms and conditions;
(c) You have the ability to perform all of your obligations under these terms and conditions;
(d) You are the owner or otherwise have all rights necessary to include Your Information on the Site or otherwise to provide Your Information as part of, or in connection with, the Service;
(e) any Content provided by you:
(i) will be true, correct and not misleading;
(ii) will not be:
(A) defamatory, fraudulent, harassing, libellous, obscene, pornographic, seditious, tortious, or threatening;
(B) harmful (including but not limited to viruses, corrupted files, or any other similar software or programs);
(C) disparaging or deprecating of the Service, the Operator or other Users;
(D) in breach of any Statute; or
(E) otherwise objectionable;
(iii) will not infringe the Intellectual Property Rights or any other right of any person or constitute a beach of any agreement which you or any of your Associates may have with any other person; and
(f) You have no relationship whether personal (including any family relationship, whether by blood or marriage, adoption), financial or otherwise with any Tradesman or other User in relation to whom you provide any Comment on the Site or otherwise in connection with the Service.
Grant of Rights
You hereby grant to the Operator a worldwide, royalty and licence-free, perpetual, irrevocable, fully sub-licensable, non-exclusive right to use, reproduce, modify, transmit, distribute, perform, display and delete such My Information and/or to incorporate My Information in other works in any form, media or technology now known or which may be later developed.
The Operator’s Rights
You acknowledge and agree that:
(a) the Operator may modify or discontinue the Site and/or the Service at any time without notice or liability to you;
(c) the Operator is entitled, at all times, to cooperate with any law enforcement authority and to act in accordance with any direction or request (including to provide any information requested in relation to my identity and any other information sought in relation to you and your use of the Service).
You undertake to the Operator that you will NOT:
(a) tamper with, modify or alter (or attempt to tamper with, modify or alter) any Content other than to make Comments as part of the Feedback System);
(b) provide as part of, or in connection with, the Service any name, branding, trademarks, logos, seals or slogans of any third party without the prior written consent of both the third party and of the Operator;
(c) solicit, garner, glean or gather any User’s information available as part of, or in connection with the Service, including without limitation, the names, phone numbers or email addresses, for any commercial or business purposes (other than as part of, or in connection with the Service) or to transmit any unsolicited advertising, “junk mail”, “spam” or “chain letters”;
(d) do anything that would create or impose an unreasonable or disproportionately large burden or load on the Site or otherwise for the Service;
(e) frame or link the Site without the prior written consent of the Operator;
(f) suggest or otherwise represent that you have any affiliate or sponsorship with any individual, partnership, company, entity, organisation or other body corporate or incorporate that you do not have;
(g) engage in any deceptive or misleading marketing practices;
(h) release or otherwise make available any publicity, promotional or advertising material or any other information concerning the Site or the Service, without the prior written consent of the Operator
(i) post, email, transmit or otherwise make available any Content which:
(i) is in breach of the warranties made by me set out in clause 3(f);
(ii) contain any defects or Viruses;
(j) use any Crawl Code in accessing the Site or relation to or in connection with it;
(k) decompile, reverse engineer or disassemble any software, device or other processes forming part of, or is used in connection with, the Site; or
(l) use any Content contained on the Site without the prior written consent of the Operator.
Relationship with Tradesmen and other Users
(a) Your correspondence with Tradesmen and other Users, including the agreement to provide and the provision and receipt of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between me and such Tradesmen or other User.
(b) You acknowledge and agree that the Operator:
(i) is a neutral facilitator only and is not directly involved in any transaction which you may decide to enter into with a Tradesman or other User;
(ii) cannot and does not confirm the identity of any Tradesman or other User, their backgrounds or credit-worthiness or their ability, competence or willingness to provide services to you;
(iii) is not a party to any agreement or arrangement which between you and any Tradesman or other User in relation to the provision of your services or otherwise; and
(iv) is not liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Tradesman or other Users as part of, or in connection with, the Service.
Operator’s Right to Remove Material
You acknowledge and agree that the Operator has the right to remove or restrict access to Content made available as part of, or in connection with, the Service if ordered to do so by a court or if the Operator considers such Content to be in violation of its these terms and conditions or posted rules or policies, including Content the Operator considers to be in breach of the warranty provided by you pursuant to clause 2 of these terms and conditions.
(a) You acknowledge and agree that:
(b) the Site operates a Customer feedback system, pursuant to which Customers are able to provide Comments on the Site in relation to service providers who have been used by Customers;
(i) the Feedback System may consist of:
(A) Comments made by Customers;
(B) ratings of individual Tradesmen provided by Customers; and
(C) a composite rating score compiled by the Operator on such criteria as the Operator may so determine, in its absolute discretion, on the basis of the ratings and Comments made or provided (as the case may be) by Customers;
(i) You warrant that any comment or review submitted by you has been prepared in accordance with the, Reviews Guidelines for Writing;
(ii) the Operator does not monitor or censor the Comments, posted by Customers other than to ensure that those Comments meet any requirements as to the posting of such Comments which the Operator may require, from time to time;
(iii) if you make a Comment on the Site or otherwise as part of, or in connection with the Service, you are fully responsible for such Comment (and as between the Operator and Associates of the Operator, on the one hand, and you, on the other), you are solely liable for such Comments; and
(iv) a Tradesman, other User or a third party may make claims or bring proceedings against me in relation to Comments you may make on the Site or otherwise as part of, or in connection with the Service, and if a Tradesman, other User or a third party may makes such a claim or bring such proceedings, you have no right to make any claim against the Operator or any of Associate of the Operator in relation to any Comment which you make as part of the Site or otherwise as part of, or in connection with the Service, whether such claim be by way of cross-claim, for contribution or otherwise; and
(c) You release and will keep released the Operator and each Associate of the Operator from any Loss which may arise as a result of, arising out of or in connection with:
(i) the establishment, use or operation of the Feedback System or
(ii) any Comment made by you or any other Customer on the Feedback System or any part of the Site, and from any claim you may have against the Operator or any Associate of the Operator for breach of any other right which you may have of any nature whatsoever (including, without limitation any claim for negligence or for contribution in relation to any claim which may be brought against you).
(d) Comments may be removed by the Operator or not put on to the Perth Emergency Plumbers Trading As IHub Solutions Site at any time without having to provide a reason.
Guarding My Password
You hereby acknowledge and agree that the Operator is entitled to assume that any person using the Service with your name and details is you or is authorised to act for you.
Suspension and Termination
Without limiting the Operator’s other remedies, me acknowledge and agree that the Operator may:
(a) temporarily suspend;
(b) indefinitely suspend; or
(c) terminate your right to access the Site and/or use the Service or any part of it and refuse to provide any services to you if:
(i) breach any of these terms and conditions or any policies incorporated by reference, including any policies or procedures displayed on, or as part of, the Site;
(ii) the Operator considers that my actions may cause any legal liability for the Operator or any User.
You acknowledge and agree that if your right to access the Site is temporarily suspended, indefinitely suspended or terminated, you will not continue to use the Service whether under the same name or under any other name.
You are entitled to cancel your participation as part of, or in connection with, the Service at any time in accordance with the Cancellation Policy as such policy may exist, from time to time.
Intellectual Property Policy
The Operator respects the Intellectual Property Rights of others and expects all persons using the Site or the Service to do the same. You agree at all times to respect the Intellectual Property Rights of others and further acknowledge and agree that the Operator may, at its absolute discretion, terminate the right of any User to access the Site or use the Service if the User infringes the Intellectual Property Rights of others.
Use at Your Risk
You acknowledge and agree that:
(a) the Site and the Service are each provided on an ‘as is’ basis and that you accept all risk associated with access to the Site and the use of the Site and otherwise of, or in connection with, the Service;
(b) the Operator does not guarantee that the Site will be error free or that the Site or the server that operates it are free of Viruses or other harmful components; and
(c) the Operator has urged me to keep backup copies of material you have included on, or as part of, the Service (including, without limitation, on, or as part of, the Site).
(a) Subject to clause 15(b), to the maximum extent permitted by law, all terms, conditions and warranties in relation to the Service (including, without limitation, the Site), other than expressly stated these terms and conditions, whether express or implied, are hereby expressly negatived and excluded.
(b) where any legislation implies in these terms and conditions any condition or warranty and that legislation avoids or prohibits provisions in a contract excluding or modifying the application or exercise of, or any liability under, such condition or warranty, the condition or warranty will be deemed to be included in these terms and conditions. However, the liability of the Operator for any breach of such condition or warranty will be limited, at the Operator’s option, to one or more of the following:
(i) if the breach relates to goods:
(A) the replacement of the goods with equivalent goods or the supply of equivalent goods;
(B) the repair of such goods;
(C) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(D) the payment of the cost of having the goods repaired; and
(ii) if the breach relates to services:
(A) the supplying of the services again; or
(B) the payment of the cost of having the services supplied again.
(c) Without in any way limiting the generality of clause 15(a), you acknowledge and agree that the Operator has not provided any warranty or representation that:
(i) the use of the Site or other components of the Service:
(A) will not infringe or otherwise violate the rights (including Intellectual Property Rights or Moral Rights) of any person; or
(B) constitute a misuse of any person’s confidential information;
(ii) the Site or other components of the Service will meet your requirements;
(iii) the Site or other components of the Service does not contain any defects or Viruses;
(iv) the operation of the Site or other parts of the Service will be error free; and
(v) there are no defects, faults or malfunctions in, or associated with, Site or other parts of the Service;
(vi) the Site and other parts of the Service will be operative at all times; or
(vii) the Site and other parts of the Service will detect or correctly identify and/or disinfect any threats, applications (whether malicious or otherwise) or any other components.
Limitation of Liability
You hereby acknowledge and agree that:
(a) subject to clause 5b) but otherwise not withstanding anything to the contrary in these terms and conditions, the total liability of the Operator for damages or any other form of monetary relief for matters related to, connected with or arising out of this Agreement or the transactions contemplated by it, regardless of the cause of action, whether in contract, tort (including, without limitation, negligence) or breach of any Statute or any other legal or equitable obligation is limited to $100;
(b) in no event will the Operator be liable to another for any indirect or consequential Losses including loss or corruption of data, loss of profit, revenue, goodwill or anticipated savings;
(c) you have not relied on any representation made by the Operator which has not been stated expressly in these terms and conditions or upon any descriptions, illustrations or specifications contained in any document or publicity material produced by the Operator;
(d) to the extent the Operator has made any representation which is not otherwise expressly stated in these terms and conditions, you have been provided with an opportunity to independently verify the accuracy of that representation;
(e) you hereby indemnify and agree to keep indemnified the Operator and each of its Associates (the “Indemnified”) against any Losses incurred by the Indemnified, arising directly or indirectly, out of any of the following:
(i) any breach by me of these terms and conditions or by any person on your behalf;
(iii) any wrongful act on my part or on the part of any of your Associates (including without limitation any actionable tortuous act (including, without limitation any action for negligence), any breach by you, or any of your Associates, of any Statute or any legal or equitable wrong on your part, or on the part of any of your Associates;
(iv) any infringement or alleged infringement of the Operator or a third party’s Intellectual Property Rights by you or any of your Associates;
(v) any of the warranties given by me under clause 2 proving to have been false, misleading or inaccurate when made;
(vi) personal injury, death or loss of or damage to real or tangible personal property caused by me or any of by any of your Associates; or
(vii) any loss or damage caused to the Operator’s computer system or data or to the computer systems or data of other Users which loss or damage:
(A) is caused by;
(B) results from;
(C) arises out of;
(D) relates to; or
(E) is connected with,(whether directly or indirectly) my access to, or use of, the Site or the Service or any access to, or use of, Site or the Service by a third party which use or access is authorised, or assisted, by you.
You acknowledge and agree that:
(a) the Operator may provide notices by posting them on the Site and you agree to check the Site for notices;
(b) you also authorise the Operator to send notices to you, at you’re at the Operator’s absolute discretion, via email unless you otherwise indicate in writing to the Operator; and
(c) regardless of whether the Operator sends an email notification, you will be considered to have received a notice when it is made available to me by posting on the Site.
You acknowledge and agree that these terms and conditions constitutes the entire agreement between the Operator and you with respect to its subject matter and supersedes all previous communications, representations, inducements, undertakings, agreements or arrangements between the Operator and you or our respective officers, employees or agents and all such other agreements will (other than in relation to confidential information) be replaced by these terms and conditions.
You acknowledge and agree that the failure, delay, relaxation or indulgence on the part of the Operator in exercising any power, right or remedy conferred upon the Operator by these terms and conditions will not operate as a waiver of that power, right or remedy, nor will the exercise or any single or partial exercise of any power, right or remedy preclude any other or further exercise such as power, right or remedy of the exercise of any other power, right or remedy under these terms and conditions.
If any provision of these terms and conditions is invalid or not enforceable in accordance with its terms in any jurisdiction, it is to be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable and will otherwise be capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these terms and conditions or affecting the validity or enforceability of that provision in any other jurisdiction.
You acknowledge and agree that:
(a) you may not assign your rights or obligations under these terms and conditions;
(b) the Operator may assign its rights and obligations under these terms and conditions by notice in writing to you, in accordance with clause 16.
You acknowledge and agree that:
(a) the agreement between the Operator and you constituted by these terms and conditions will be deemed to have been made in the State of Western Australia, Australia and the construction validity and performance of these conditions will be governed in all respects by the law for the time being in force in that State;
(b) you and the Operator have each submitted yourself or itself (as the case may be) to the non-exclusive jurisdiction of the Supreme Court of Western Australia and any court hearing appeals from that Court in respect of any dispute, proceeding or matter relating to these terms and conditions.
References to “you” and “yourself” and authority to enter into these terms and conditions
(a) Subject to clause 23(b), the terms “you”, “yourself” refers to the person who has accepted these terms and conditions by clicking on the “You accept” button.
(b) If a person is accepting these terms and conditions on behalf of a company or other body corporate, such person warrants that he or she is authorised to enter into these terms and conditions on behalf of the company or other body corporate, in which case the terms “you”, “yourself” refers both to the company or other body corporate on whose behalf these terms and conditions have been entered and the person whose has clicked on the “You accept” button in their personal capacity.
Definitions and Interpretation
(a) In these terms and conditions, unless the context otherwise requires:
(i) “Associates” means, in relation to a person, the employees, officers, directors, representatives, agents and contractors (including sub-contractors) of that person and of any Related Entity of that person (if any).
(ii) “Cancellation Policy” means the policy relating to the process by which you may cancel your participation as part of, or in connection with, the Service which is available from the Site.
(iii) “Comment” means comment, criticism, opinion or observation;
(iv) “Content” means any information, text, graphics, files, links, or other materials of any nature whatsoever and includes, without limitation, Comments.
(v) “Corporations Act” means the Corporations Act 2001 (Cth).
(vi) “Crawl Code” means any manual or automated code, software, devise or other process which ‘crawls’, ‘spiders’ or ‘screen scrapes’;
(vii) “Customer” means any person to whom services are provided by a Tradesperson as a result of, or in connection with, the Service.
(viii) “Feedback System” means the feedback system referred to in clause 8(a)(i);
(xi) “Intellectual Property Rights” means statutory and other property rights in respect of trademarks, patents, circuit layouts, copyrights, confidential information and all other intellectual property rights as defined in Article 2 of the Convention establishing The World Intellectual Property Organisation of July 1967.
(x) “Liability” includes Losses.
(xi) “Losses” means claims, losses, liabilities, damages, costs and expenses of any kind (including, without, legal fees on a full indemnity basis), including those which are prospective or contingent and those the amount of which is not ascertained or ascertainable.
(xii) “My Information” means Content which you provide as part of, or in connection with the Service.
(xiii) “Operator” means Perth Emergency Plumbers Trading As IHub Solutions
(xv) “Related Entity” has the meaning given to it in the Corporations Act.
(xvi) “Service” means the Perth Emergency Plumbers Trading As IHub Solutions service operated by the Operator and includes the Site.
(xvii) “Site” means the website www.perthemergencyplumbers.com.au that you will access if you click on the “You accept” button.
(xviii) “Statute” means any of any parliaments or other legislative body or any regulations or other subordinate instrument made under to pursuant to such an act.
(xvix) “Tradesman” means any person, whose services are advertised, promoted or referred to as part of the Service or whose services are accessed as a result of, as part of or via, the Service and “Tradesmen” means all such persons.
(xx) “User” means any person who accesses or uses the Site and includes, without limitation, Tradesmen and Customers.
(xxi) “User ID” means the alphanumeric identification which a User adopts in relation to its access to, and use of, the Service (including, without limitation, the User’s access to, and use of, the Site.
(xxii) “Viruses” means any viruses, time-bombs, back doors, Trojan horses and any other form of malevolent or defective code or similar items.
(b) The paragraph headings in these terms and conditions, shown in boldface type, are included to help make these terms and conditions easier to read and have no binding effect.
(c) A reference to a clause in these terms and conditions is a reference to a clause of these terms and conditions.