Welcome to WhoDoes.com.au. WhoDoes brings
together users who need assistance with environmental planning, reporting, drafting,
construction and consulting and professionals who provide such services.
Please read these terms
carefully because they form a legally binding agreement between you and us.
1.
TERMS
AND WEBSITE
a.
We enable you to communicate with and request
quotes from Consultants (Quote Requests)
through WhoDoes.com.au.
(Website).
b.
The
following Terms govern your use of
our Website
and the submission of Report Requests. Do not use the Website or submit Report
Requests unless you agree to be bound by these Terms.
2.
SUBMITTING
A QUOTE REQUEST
a.
You can submit a Quote Request by entering the
report type you require, your contact details and your postcode. There is no
charge for submitting a Quote Request.
b.
Once you have submitted your
details we will provide you with a list of Consultants who have expressed an
interest in providing the requested environmental report in your geographic
area. You will be given access to their appointment calendars and will be able
to select an appointment with the consultant of your choice at a time that suits
you.
c.
You must only submit a Quote Request if you are able
to pay for the services of the Consultants and that you submit the Quote
Request in good faith. You expressly agree that we pass on your contact details
that you provided in the Quote Request to Consultants in your geographic area.
d.
While
we will do our best, we do not guarantee that we will be able to match your
needs with a Consultant or that there are Consultants in your area that are
capable of or willing to complete the requested report.
e.
You
must not submit a Quote Request with the intention of targeting Consultants for
any other reason than to complete a specific reporting job. Please get in touch
with us directly if you wish to access our database of Consultants for any
other reason.
f.
We reserve the right to suspend, discontinue or
terminate your access to the Website with or without notice to you. You agree
that we will not be liable to you for any suspension, discontinuation or
termination of your use of the Website.
g.
We have no obligation to provide you with any
support or maintenance assistance in relation to your use of the Website.
3.
RIGHT
TO USE WEBSITE AND SERVICES
a.
We grant you a personal, non-exclusive,
non-transferable licence to use the Website in accordance with these Terms.
b.
You agree that you use the Website and submit Quote
Requests at your own risk.
c.
You must not do or try to do any of the following
and you must not allow anyone else to do or try to do any of the following:
i.
sub-license, assign, share, sell, rent, lease or
otherwise transfer your right to use the Website; or
ii.
copy, modify, translate, decompile, disassemble,
tamper with, or reverse engineer any part of the Website; or
iii.
alter, remove or obscure any copyright or other intellectual
property notifications applied to the Website; or
iv.
use the Website for any illegal or inappropriate
purpose or activity.
4.
PRIVITY
OF CONTRACT
It
is between you and the Consultant to agree on the terms upon which the Consultant
provides services to you. We do not act as agent for either you or
the Consultant. We do not and will not form part of the transaction or
agreement between you and the Consultant.
5.
RESPONSIBILITY
AND RISK
a.
We accept no responsibility for Consultants or the
services they provide to you. We do not endorse or recommend the services of
particular Consultants or accept responsibility or liability for any misconduct
of any Consultants including, without limitation, Consultants who have
registered under false pretences or who attempt to defraud you.
b.
We
give no undertakings or warranties and make no representations, in relation to
transactions and service contracts between you and Consultants, including:
i.
as to the content, safety, description, accuracy, quality,
or legality of the services of any Consultants;
ii.
the skills or suitability of any Consultants that
contact you through the Website or the quality of service that Consultants
provide to you.
c.
You understand and expressly agree that you use
this Website at your own risk. We provide the Website on an “as is” and “as
available” basis. We do not guarantee or make representations that the Website will
be uninterrupted, secure, timely or error free, or that any other information
on the Website or obtained through the Website is error free or reliable.
d.
All
warranties other than those expressly granted in these Terms (including any
warranties as to fitness for purpose, merchantable quality) are expressly
excluded.
6.
LIMITATION
OF LIABILITY AND INDEMNITY
a.
Subject to clause 6.c, we exclude all liability for
indirect, special, and consequential loss arising from or in relation to your
use of the Website or any associated services(including loss of revenue,
profits, bargain or goodwill).
b.
Subject
to clauses 6.a and 6.c, our total liability in aggregate under these terms is
limited to $500.
c.
We acknowledge that you may be a consumer for the
purposes of applicable State or Federal law in Australia, with the consequence
that certain guarantees, rights, and remedies may be conferred on You, which
cannot be excluded, restricted or modified. If so, then to the maximum extent
permitted by law, our liability to you is limited at our option to:
i.
resupply of the services; or
ii.
payment of the cost of resupplying the services.
d.
You
indemnify us, and our agents and contractors against all expenses, losses,
damages and costs (including legal costs on a full indemnity basis and whether
incurred by or awarded against us) suffered or incurred by us in respect of your
breach of these terms or your use of the Website or Services, whether negligent
or otherwise.
7.
COPYRIGHT
This
Website and Services are protected by copyright, trademark and other laws. We
retain all ownership and intellectual property rights in the Website.
8.
GENERAL
a.
If any provision of these Terms is held to be
invalid or unenforceable, that provision, to the extent unenforceable, shall be
struck, and shall not affect the validity or enforceability of the remaining
provisions.
b.
These
contain the entire understanding and agreement of between us with respect to
its subject matter and supersedes all previous oral, written, expressed and
implied agreements, and all oral, written, expressed and implied
representations and statements made by either party or its agents.
c.
These Terms are governed by the laws of New South
Wales, Australia. The parties irrevocably submit to the exclusive jurisdiction
of the courts of New South Wales, Australia.
9.
PRIVACY
STATEMENT
a.
We collect personal information about you when you
use the Website or submit a Quote Request, including your, name, contact
information, location, computer or network, interactions with us, billing or
purchase information.
b.
We
collect your personal information in order provide you with access to our
Website and to submit your Quote Request to Consultants.
c.
Besides our staff, we share this information with
the
provider of our IT infrastructure in order to
process your request through our Website.
d.
You
have the right to ask for a copy of any personal information we hold about you,
and to ask for it to be corrected if you think it is wrong. If you’d like to
ask for a copy of your information, or to have it corrected, please contact us
at
[email protected]
10.
INTERPRETATION
Consultants:
a
professional who provides reports and associated services in the field of environmental
planning,
drafting, construction and consulting;
Terms:
these Terms of Use, as updated from time to time, including
our privacy policy.
We, is and our
: refers
to WhoDoes which is operated by
612 287 939 PTY
LTD.
You and your:
the person
who is using or making inquiries about the Website or Services.
