DRAFT for review by a qualified Australian legal practitioner before use — not legal advice.
Terms of Use
Operating entity: Blue Collar News Services Pty Ltd (ABN [TBC]) ("we", "us", "our") Website: Services.BlueCollarNews.com.au (the "Platform") Version: 1.0 (draft) | Effective date: [TBC]
These Terms of Use ("Terms") govern your use of the Platform as a consumer (a person seeking quotes). If you are a business using the Platform to receive leads, the Business Customer Agreement applies to you instead of (or in addition to) these Terms.
1. Acceptance and eligibility
1.1 By accessing or using the Platform, or by submitting a service request, you agree to these Terms, our Privacy Policy, Collection Notice and Consent and Cookie Policy. If you do not agree, do not use the Platform.
1.2 You confirm that you are at least 18 years of age, a resident of Australia, and have the legal capacity to enter into these Terms.
2. Definitions
- Business means an independent third-party business that uses the Platform to receive and claim leads.
- Consumer / you means a person who uses the Platform to request quotes for services.
- Lead means the service request and associated personal information you submit.
- Service request means the information you submit through the Platform asking for quotes.
- Work means any goods or services a Business may supply to you.
3. Nature of our service — introducer only
3.1 We are an introducer / lead vendor only. We operate a marketplace that introduces consumers to independent businesses. We are:
- (a) not the provider of any Work;
- (b) not your agent or the Business's agent;
- (c) not a party to any contract you enter into with a Business; and
- (d) not responsible for the performance, quality, pricing, timing, safety or outcome of any Work.
3.2 Our service is complete once we make your service request available to Businesses. Any quote, contract, payment, dispute or warranty relating to the Work is strictly between you and the Business.
4. No over-claim about vetting
4.1 We do not independently verify, vet, endorse, guarantee, licence or insure any Business. While Businesses are contractually required to represent that they hold any required licences and insurance, we do not warrant that they do. You are responsible for satisfying yourself about a Business's suitability, licensing, insurance and reputation before engaging them — for example by checking relevant licensing registers.
5. What happens to your service request
5.1 When you submit a service request, we make it available to Businesses that match your job and area.
5.2 Your service request, including your personal information, will be disclosed to up to five (5) Businesses on a first-come, first-served, non-exclusive basis (see our Privacy Policy clause 6).
5.3 Those Businesses may then contact you directly by phone, SMS or email to provide a quote. You may be contacted by more than one Business. You are under no obligation to accept any quote.
5.4 You consent to this disclosure and contact through the unbundled consent checkboxes on the service request form (see Collection Notice and Consent).
6. Your obligations
6.1 You must:
- (a) provide accurate, current and complete information in your service request;
- (b) only submit a request if you have a genuine intention to obtain quotes (no fake or test requests);
- (c) only upload photos you own or have the right to share, and not include other people's personal or sensitive information without their consent;
- (d) not submit content that is unlawful, defamatory, misleading, or infringing; and
- (e) use the Platform only for lawful purposes.
7. Free for consumers
7.1 The Platform is free to use for consumers. We are paid by Businesses who purchase the leads. You will never be charged by us for submitting a request or being contacted by a Business.
8. Disputes are between you and the Business
8.1 Any dispute, claim or issue arising out of or relating to the Work, a quote, a contract with a Business, or a Business's conduct, is solely between you and that Business. We are not a party and have no liability for it. We may, but are not obliged to, relay communications to assist.
9. Australian Consumer Law — your rights are protected
9.1 Our services to you come with consumer guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) ("ACL").
9.2 Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the ACL or any other law that cannot lawfully be excluded. This clause prevails over any other provision to the extent of inconsistency.
9.3 To the extent we are permitted by law to limit our liability for a breach of a non-excludable consumer guarantee, our liability in respect of the supply of services is limited (at our option) to re-supplying the services or paying the cost of having them re-supplied.
10. Intellectual property and your content
10.1 All intellectual property in the Platform (including its design, text, logos and software) is owned by or licensed to us. You may not copy, reproduce, scrape, or create derivative works without our written consent.
10.2 Your content licence. You retain ownership of the content you submit (including photos). You grant us a non-exclusive, royalty-free licence to use, reproduce, store and disclose that content for the purpose of operating the Platform and providing the matching service (including disclosing it to up to five Businesses). You warrant you have the rights to grant this licence.
11. Acceptable use
11.1 You must not:
- (a) interfere with or disrupt the Platform or its security;
- (b) use bots, scrapers or automated means to access or extract data;
- (c) misuse the Platform to harvest contact details of Businesses;
- (d) impersonate any person or misrepresent your identity; or
- (e) use the Platform to send spam or unlawful communications.
11.2 See also our Acceptable Use Policy.
12. Third-party businesses and links
12.1 The Platform may contain references or links to third parties. We are not responsible for, and do not endorse, third-party businesses, websites, content, or conduct.
13. Privacy
13.1 We handle your personal information in accordance with our Privacy Policy. By using the Platform you acknowledge that policy, including the disclosure of your information to up to five Businesses.
14. Limitation of liability and indemnity
14.1 Subject always to clause 9 (ACL):
- (a) we provide the Platform on an "as is" and "as available" basis and do not warrant it will be uninterrupted, error-free, or that any particular number of quotes will result;
- (b) to the maximum extent permitted by law, we exclude all liability for loss or damage (including indirect, special or consequential loss, loss of profits or loss of opportunity) arising out of or in connection with your use of the Platform or any dealing with a Business; and
- (c) to the extent we are liable and the law permits us to limit liability, our total aggregate liability to you is limited to AU$100.
14.2 Indemnity. You agree to indemnify us against reasonable loss, liability and costs we suffer arising from your breach of these Terms, your misuse of the Platform, your provision of inaccurate or infringing content, or your dealings with a Business — except to the extent the loss was caused by our own negligence or breach, and subject to your non-excludable rights under the ACL. This indemnity is limited to loss that is reasonably foreseeable and directly attributable to your conduct.
15. Changes to these Terms
15.1 We may amend these Terms from time to time. The current version is always available on the Platform with its effective date. Continued use after changes take effect constitutes acceptance. Material changes will be notified where reasonably practicable.
16. Termination
16.1 We may suspend or terminate your access to the Platform at any time if you breach these Terms or misuse the Platform. You may stop using the Platform at any time.
17. Governing law
17.1 These Terms are governed by the laws of the State or Territory of our principal place of business [TBC], and you submit to the non-exclusive jurisdiction of the courts of that State or Territory and the Commonwealth of Australia.
18. General
18.1 Severability. If any provision is found invalid or unenforceable, it is severed and the rest of the Terms continue in effect.
18.2 Entire agreement. These Terms, together with the Privacy Policy, Collection Notice and Consent, and Cookie Policy, form the entire agreement between you and us regarding your use of the Platform as a consumer.
18.3 Contact. Questions about these Terms: [legal@bluecollarnews.com.au — TBC].
End of Terms of Use (draft).