Last updated: 17 February 2022
Welcome to the website of Tickt (ABN 22 636 440 312) (“we”, “us” or “Tickt”), a leading platform connecting builders to the right tradespeople. We do not supply the tradespeople services ourselves.
This website is located on the web via the domain www.tickt.com.au and includes all of the files located in that domain and our app (“this site”).
By accessing this website, you agree to be bound by these terms of use (“Terms of Use”). These Terms of Use constitute a binding agreement between you and Tickt and govern your use of this site.
Privacy Policy
As part of these Terms of Use, your use of this site is also subject to our Privacy Policy (located at tickt.com.au/privacy-policy), which is incorporated by reference into these Terms of Use.
Legal capacity to transact
If you are under 18 years of age, you cannot make purchases through this site.
By using this site you represent and warrant to Tickt that you are over the age of 18 years. Should Tickt suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.
Prohibited conduct
Your use of this site is subject to the rules set out below.
YOU MUST NOT:
Violations of these Terms of Use
Without limiting any other remedies available to Tickt at law or in equity, Tickt reserves the right to, without notice:
Indemnity
You indemnify and hold harmless Tickt and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
Requirement for registration
Tickt reserves the right to make any parts of this site accessible only to users who have registered.
Username and password
Upon registration with this site, you create a username and password to access your Tickt account.
You are responsible for maintaining the security of your password for this site.
Tickt will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that Tickt will be entitled to assume that any person using this site with your username and password is you or your authorised representative.
You must notify Tickt immediately of any known or suspected unauthorised use of any password or any other breach of security.
User information
In order to register an account with this site, you must agree to these Terms of Use and provide Tickt with:
You must promptly update this information to maintain its accuracy at all times.
You represent and warrant to Tickt that all information provided to Tickt by you, including the information provided by you through our account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person’s intellectual property or other rights.
Multiple accounts and automated account opening
One person may not maintain more than one account with this site. Accounts registered by “bots” or other automated methods are not permitted.
Approval of registrations
Tickt reserves the right to accept or reject any application for registration of an account with this site at its discretion.
COVID-19 vaccination status
Tickt does not collect any information to confirm the vaccination status of any site user.
It is the responsibility of each user to make its own enquiries to satisfy itself that a user is vaccinated. Tickt accepts no liability for any consequences that follow from a site user being unvaccinated.
Builder requirements for job listings
Tradespersons will not commence providing services requested through this site by listed builders unless and until:
We reserve the right at our discretion to:
Acceptance of job
Acceptance of each job listed by a builder will take place if and when either:
Cancellation of a job
If the tradesperson or builder wishes to cancel a job, they need to fill in a cancellation form located on our site including cancellation reasons with agreement from both parties. If a party cancels a job, the cancelling party will pay a fee of 10% of the task payment (to a maximum of $20) for us to process a cancellation.
Minimum conditions for builders, tradespersons and other suppliers
Below are the minimum conditions for builders, tradespersons and other suppliers listing jobs on the Tickt site:
Tickt charges a commission for its services based on job site thresholds, and reserves the right to change the prices for its services displayed in this site at any time. Also, Tickt is not responsible for the pricing or payment of fees due to any tradesperson.
Builders listing jobs on Tickt will pay a fee upon the acceptance of a job a tradesperson. This fee will represent a percentage of the work value. Our pricing is listed on our website and app.
GST
Unless otherwise expressly stated, all amounts payable through your use of this site are expressed to be inclusive of GST. For these purposes, the term “GST” has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Tickt does not prepare or instruct users of our site to prepare taxation invoices.
Payment for jobs placed through this site may be made:
Stripe secure payment gateway
Tickt uses the third-party payment gateway provided by Stripe Payments Australia Pty Ltd (ABN 66 160 180 343) trading as “Stripe” for its secure online payment transactions. Payments made through Stripe are subject to Stripe’s own terms and conditions and privacy policy. For more information about Stripe, see the Stripe website (http://www.stripe.com/).
Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to Stripe, other than information that is required in order to process your order and deliver your purchased items to you (e g, your name, email address and billing address).
Credit and debit card payments
All major credit cards and debit cards are accepted. Please note that we may be unable to accept credit cards issued by banks outside of Australia in some cases. Additional transaction fees may apply if paying by credit card, in which case the additional charges will be specified at the time of placing a listing.
Refunds and other remedies
Builders will approve work based on milestones or on completion of a job. If for any reason there is a dispute about any work completed, parties are strongly encouraged to resolve the dispute directly but are at all times responsible for resolving the dispute on their own.
Further information on the steps that Tickt will take to remedy any breach of any non-excludable condition or warranty/guarantee is provided under the heading “Remedies limited” in these Terms of Use below. For more information about obtaining refunds from third party suppliers, see the paragraphs headed “Refunds from suppliers” in these Terms of Use below.
Security
While our site hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than Tickt.
Tickt may request further information from you, such as a copy of your credit card and/or other licence, qualification or identification documentation, as part of our internal validation procedures.
Copyright
In these Terms of Use, the term “Proprietary Content” means:
All Proprietary Content is the property of Tickt or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Terms of Use or with the prior written consent of Tickt or other copyright owner (as applicable).
You may download and print out content from this site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.
Trademarks
Tickt’s logo and the phrases “Tickt” and “building biz” are trademarks of Tickt. The look and feel of this site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of Tickt. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of Tickt.
User Content
In these Terms of Use, the term “User Content” means any and all content that is submitted, posted or otherwise added to this site by any user, such as comments, forum posts, chat room messages, reviews, ratings and feedback.
This site contains some features that enable you and other users to upload User Content. Tickt reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:
Copyright claims
If you believe that our site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Tickt AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE AND ANY SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
This site is provided strictly on an “as is” basis. To the maximum extent permitted by law, Tickt and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of its content, and in particular do not represent, warrant or guarantee that:
Exclusion of liability
To the maximum extent permitted by law, Tickt and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Terms of Use or the use of this site by you or any other person.
Remedies limited
Tickt is an online platform that connects builders and tradespeople. Both parties are responsible for handling disputes directly. To the maximum extent permitted by law, Tickt and its officers, employees, agents, consultants, licensors, partners and affiliates are not responsible for disputes that arise between the parties.
To the maximum extent permitted by law, Tickt and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at Tickt’s sole discretion):
Release
You agree that your use of this site is at your own discretion and risk. You agree to release Tickt and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Terms of Use or the use of this site by you or any other person. Tickt may plead this release as a bar and complete defence to any claims or proceedings.
Force majeure
To the maximum extent permitted by law, and without limiting any other provision of these Terms of Use, Tickt excludes liability for any delay in performing any of its obligations under these Terms of Use where such delay is caused by circumstances beyond the reasonable control of Tickt, and Tickt shall be entitled to a reasonable extension of time for the performance of such obligations.
Interpretation
In these Terms of Use, the following rules of interpretation apply:
Notifications
Tickt may provide any notification for the purposes of these Terms of Use by email, text and/or by adding the notification into your user dashboard.
Feedback
We may allow users to provide feedback on the services they receive from users of this site for example, by giving a star rating, leaving a comment or writing a vouch. The feedback will be publicly available on our site and may include negative feedback about a user of the site. We may in our absolute discretion choose not to make the feedback available on our site if we consider the feedback to be false, unfair or offensive. You agree to only provide honest feedback in your use of this site.
If you are leaving feedback on this site about a matter that could be rectified by another user, we strongly encourage you to contact that user first before posting any negative feedback.
Marketing
We may use feedback or images or videos of completed jobs left on our site for marketing purposes for Tickt. Please notify us if you do not want this to occur on admin@tickt.com.au
Costs
Except as specifically provided in these Terms of Use, each party must bear its own legal, accounting and other costs associated with these Terms of Use.
Assignment
You may not assign, transfer or sub-contract any of your rights or obligations under these Terms of Use without Tickt’s prior written consent. Your registration with this site is personal to you and may not be sold or otherwise transferred to any other person.
Tickt may assign, transfer or sub-contract any of its rights or obligations under these Terms of Use at any time without notice to you.
No waiver
Waiver of any power or right under these Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by Tickt to act with respect to a breach by you or others does not waive Tickt’s right to act with respect to that breach or any subsequent or similar breaches.
Severability
The provisions of these Terms of Use are severable and, if any provision of these Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.
Variation
Tickt reserves the right to amend these Terms of Use and any other policy on this site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this site or the services offered through this site.
You may only vary or amend these Terms of Use by written agreement with Tickt.
Governing law and jurisdiction
These Terms of Use will be governed in all respects by the laws of Victoria. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria and the courts of appeal from them.