TERMS AND CONDITIONS

These Terms and Conditions set out the rights and obligations of the customer (“You” and “Your” to be similarly construed) with respect to utilizing the services provided by Dylan’s Tradies Pty Ltd (“DT”) and furthermore, sets out the entire agreement as between You and DT.

By clicking on “I Agree”, you are agreeing to these Terms and Conditions and hereby agree and acknowledge as follows:

1. DT operates a trade referral service wherein it provides information You provide DT to an appropriate tradesperson who operates in Your area (the “Service Provider”) who operates their business as a separate and distinct entity from DT and is not an employee, agent or affiliate of DT;
2. DT does not provide any trade services directly and does not employ or engage any Service Provider to perform any Services on Your behalf;
3. Any Services provided by a Service Provider will be subject to an agreement as between You and the Service Provider and for the avoidance of doubt, DT will not be a party to any such agreement or arrangement;
4. Whilst DT takes measures to ensure that Service Provider’s possess relevant statutory, industry or professional qualifications in order to perform the Services, DT does not make any and excludes all warranties, terms, conditions or undertakings, whether express or implied, written or oral, statutory or otherwise including any implied warranty with respect to the suitability, willingness, qualifications or ability of any Service Provider to provide the Services. You hereby agree and acknowledge that You will make your own enquiries and conduct your own investigation into the suitability or otherwise, of the Service Provider to provide the Services;
5. You release and indemnify and will continue to release and indemnify DT, its officers, employees, subcontractors and agents from and against all actions, claims, proceedings or demands (including those brought by third parties) which may be brought against it or them, whether at common law, in equity or pursuant to statute or otherwise, in respect of any loss, death, injury, illness or damage (whether personal or property, and whether direct or consequential, including consequential financial loss) and any infringement of copyright, patents, trade marks, designs or other intellectual property rights, howsoever arising out of Your exercise of Your rights under these Terms and Conditions, including without limitation in relation to any work performed by a Service Provider, and from and against all damages, costs and expenses incurred in defending or settling any such claim, proceeding or demand;
6. The images and content of this website are the property of, or are licensed to, DT and nothing in these Terms and Conditions, or within this website shall be taken as granting You any right, title or interest in said images or content;
7. You agree and acknowledge that:
1. DT has not made any and excludes all warranties, terms, conditions or undertakings, whether express or implied, written or oral, statutory or otherwise including any implied warranty of merchantability or of fitness for a particular purpose in respect of the Services. To the full extent permitted by the laws of the Commonwealth of Australia or of any State or Territory of Australia having jurisdiction, any conditions or warranties imposed by such legislation are excluded. Given that DT is merely providing a referral service and in so far as liability under or pursuant to such legislation may not be excluded, such liability is limited, at the option of DT, to:
1. the re-performance of the referral of your original enquiry; or
2. the payment of the cost of having the original referral performed again;
2. DT will not be liable for any special, indirect or consequential damages arising under or pursuant to these Terms and Conditions or in respect to any Services performed, or not performed by a Service Provider; and
3. DT has not made and does not by entering into this Agreement make any representation or warranty, express or implied, that the Services do not infringe any third party’s intellectual property rights.
8. Any illegal or invalid provision of these Terms and Conditions will be severable and all other provisions will remain in full force and effect;
9. These Terms and Conditions contain the whole of the agreement between the You and DT with respect to its subject matter and supersedes any and all other representations or statements by DT whether oral or in writing and whether made prior or subsequent to you agreeing to these Terms and Conditions;
10. If a dispute arises between You and DT, You agree to negotiate in good faith to resolve the Dispute and will refer resolution of the Dispute to their chief executive officers, or their nominees. If the Dispute has not been resolved by negotiation within a reasonable time then either You or DT may refer the Dispute to mediation and will do so before initiating proceedings in a court to resolve the Dispute. A Dispute which is referred to mediation will be referred to the Australian Commercial Dispute Centre Limited (“ACDC”) and be conducted in accordance with, in the case where the Trader is an Australian organisation or person, the ACDC Mediation Guidelines. If the Dispute has not been resolved within sixty (60) days of referral to ACDC either You or DT are free to initiate proceedings in a court. Nothing in this clause will prevent a You or DT from seeking interlocutory relief through courts of appropriate jurisdiction.