END USER LICENSE AGREEMENT
Traydi App is licensed to You (End-User) by Conqr Technologies Pty Ltd (ABN 66 647 999 808), located at in Australia and accessed by a mobile application available on iOS and Android, (hereinafter: Licensor), for use only under the terms of this License Agreement.
By downloading the Application from the Apple AppStore and Google Play Store, and any update there to (as permitted by this License Agreement), You indicate that You agree to be bound by all the terms and conditions of this License Agreement, and that You accept this License Agreement.
The parties of this License Agreement acknowledge that Apple is not a Party to this License Agreement and is not bound by any provisions or obligations regarding the Application, such as warranty, liability, maintenance, and support thereof. Conqr Technologies Pty Ltd, not Apple, is solely responsible for the licensed Application and the content to their best of their abilities thereof.
This License Agreement may not provide for usage rules for the Application that conflict with the latest App Store Terms of Service acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.
All rights not expressly granted to You are reserved.
Traydi (Hereinafter: Application) is a piece of software created to- and customized for Apple and Android mobile devices. It is used to enable the tradie population of Australia to connect and enables the hiring of resources and jobs on an in-demand basis through booking using calendar features and functionalities. The following terms of use will enable full experience of the app and Traydi’s discretion.
- Application access will require a user to create a single account and protect account detail details and passwords confidential. The user will immediately contact support team in the events of an account being compromised or unauthorized use of an account.
- The User is liable for all activity on its Account. The User agrees that it will not disclose its password to any third party and that it will take sole responsibility for any activities or actions under its Account, whether or not it has authorized such activities or actions.
- Depending on application use, a user is required and responsible for providing a correct and up to date information as well as a validated ABN number to qualify for certain privileges as well as provide adequate evidence to prove indicated experience and qualification. Compliance of Australian rules and regulation is the sole responsibility of the user.
- Conqr Technologies reserves the right to suspend or terminate accounts, profile, and user’s access to the Traydi App if the provided information or any engagement/interaction with the app provided by Conqr Technologies Pty Ltd proves to be inaccurate, not current, incomplete, offensive or does not meet community standards.
- The user can cancel his/her account through functionalities provided in the APP, information regarding cancelation is provided in the FAQ.
To enable users (businesses and workers) to connect and enable an efficient means to work for one another through hiring and finding work as well as engaging the community through the traydi’s social feed. The application will be offered as a free to use, where premium functionalities can be purchased In-App to enhance the experience and efficient means of meeting user requirements.
- A user may select the two selections provided during on boarding, either looking to hire workers or to find work. It is the user’s responsibility to correctly apply, communicate and manage bookings through functionalities provided in the app.
- The app’s built-in feature to filter available jobs or workers based on trade and/or within a radius of a location can be used to identify jobs or workers matching specific needs.
- Other than connecting via the “follow” functionality, users can connect through job advertisement and a user’s submission of interest. The parties can communicate with each other through the chat feature, call feature and further renegotiate of scope of work, deliverables and fees and other T&C discussions private between the two parties.
- The user acknowledges Traydi is not an employment agency and simply a means to introduce and connect users to assist and a platform to exchange services. Conqr Technologies Pty Ltd responsibilities are limited to facilitating this exchange through the UI/X provided in the app. By accessing or using the App, Users acknowledge that no User is an employee, contractor, partner, or agent of Conqr Technologies Pty Ltd.
- Traydi app does not facilitate any transactions in relation to work carried out between two parties. Any fees associated with a transaction of services carried out between two users is solely the responsibility of the users. Conqr Technologies clearly and explicitly states this is not part of the user agreement.
- Traydi provides a UI/X developed to support inconveniences associated with connecting, managing, and building a reputation however it does not participate or a party to an agreement between users. Conqr Technologies Pty Ltd does not make referrals or a booking agent or identifies to provide any services associated with a labour hire company. Conqr Technologies has no control of a user’s conduct including but limited to any engagement, activity, work carried out between users and therefore disclaims all liability in this regard as outlines in the Terms & Conditions and will not assist or be involved facilitating disputes regarding this utilisation of any services offered by the App.
- Conqr Technologies Pty Ltd through its app Traydi and website Traydi.com may provide content to users with general guidance articles, blog posts and general information relevant to its Users. User’s who rely on content within the app or website to do so at the user’s own risk. Its highly recommend conducting one’s own research or seek professional advice when appropriate. To the fullest extent permitted by Australian law, Conqr Technology Pty Ltd is not liable for any loss or damage a user may suffer arising out of or in connection with your interaction, use or consumption of information or content provided within the Traydi app or website www.traydi.com.
- User’s on the traydi app can engage with one another through the social feed and support to community through posting of content. Conqr Technology Pty Ltd internal review team will conduct, and act accordingly given a user must provide a true and accurate information and not abuse the functionality provided to the community. If found to go against guidelines such as posting inappropriate language, content or nudity or content considered to be insensitive or defames a particular minority or the wider community and company values, Conqr Technologies Pty Ltd will delete or ban the user from posting content or suspend or delete the account if necessary. Conqr Technologies is not able to review every single post unless otherwise brought to the attention of the support team and therefore is not responsible for the content of any review.
- Parties who engage with one another and as such acquire one’s services may Rate and provide Reviews on performance of services. Additionally, users can endorse selected skills which can be used by users to appropriately match required scopes of work. Conqr Technology Pty Ltd internal review team will conduct, and act accordingly given a user must provide a true and accurate information and not abuse the functionality provided to the community. If found to go against guidelines such as posting reviews containing inappropriate language, content or nudity or content considered to be insensitive or defames a particular minority or the wider community and company values, Conqr Technologies Pty Ltd will delete or ban the user from posting a review. Conqr Technologies Pty Ltd is not able to review every single review unless otherwise brought to the attention of the support team and therefore is not responsible for the content of any review.
- Conqr Technologies is not obligated to maintain or liable for any defects or performance issues relating to quality or use of the app including but not limited to installation, uninstallation, and app interaction.
- We use the contact list to find the users that are already in our app, we don’t save the contact list or use it for any other purposes other than to benefit the User.
Conqr Technologies Pty Ltd trading under traydi.com is not obligated, expressed, or implied, to provide any maintenance, technical or other support for the Application.
Conqr Technologies Pty Ltd trading under traydi.com and the End-User acknowledge that Apple or Android owned by Google (subsidiary of Alphabet) has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.
The app contains intellectual (hereinafter “Company IP”) property that is owned by Conqr Technologies Pty ltd and is licensed to Us and/or third-party licensors. This includes, but is not limited to, the contents, layout, design, colours, appearance, graphics and imagery of the Product, Content, Materials and Goods as well as all copyrights, trademarks, trade secrets, patents, code, algorithms, and other intellectual property contained in the Items.
- You hereby acknowledge and agree as user therefore customer of Conqr Technologies Pty Ltd, we own all intellectual property rights in the Items and that nothing in these Terms amounts to a transfer of any intellectual property rights from Us to You and hereby acknowledge and agree not to use to reproduce including electronically any Company IP for any unlawful or infringing purpose unless otherwise requested and approved with written permission from Us.
- You hereby acknowledge and agree that by adding, posting, uploading any Content on the Product (hereinafter “Your Content”), you grant Us a worldwide, irrevocable, perpetual, non-exclusive, royalty-free, and transferrable right, and licence to use Your Content in any way We choose. This licence includes a right and licence to reproduce, copy, alter or make derivate works from Your Content in any way We choose; and display, communicate to the public, broadcast, or transmit Your Content in any way We choose; and authorise any other person, company, or organisation to use Your Content in any way We choose. You represent and warrant to Us that You have all necessary rights to grant the licences and to provide the consents set out in this clause in relation to “Intellectual property”. All the provisions of this clause in relation to “Intellectual property” shall survive any termination of these Terms.
The Application does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Application and through third- party websites or applications. As such, any Contributions you transmit may be treated in accordance with the Application Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Application and these Terms of Use.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law,
regulation, or rule.
9.1 Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
- Any use of the Application in violation of the foregoing violates these Terms of Use and may result in, among other things, termination, or suspension of your rights to use the Application.
You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings). By submitting suggestions of other feedback regarding the Application, you agree that we can use and share such feedback for any purpose without compensation to you. We do not assert any ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property rights, or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Application. You are solely responsible for your Contributions to the Application, and you expressly agree to exonerate us from all responsibility and to refrain from any legal action against us regarding your Contributions.
Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Application works as described in the user documentation.
- No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined, or installed with inappropriate hardware or software, used with inappropriate accessories, regardless of if by Yourself or by third parties, or if there are any other reasons outside of this agreement's sphere of influence that affect the executability of the Application.
- You are required to inspect the Application immediately after installing it and notify about issues discovered without delay by e-mail provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been emailed and communicated to us within a period of 3 days after discovery.
- If we confirm that the Application is defective, Conqr Technology Pty Ltd (trading under Traydi) reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
- In the event of any failure of the Application to conform to any applicable warranty, You may notify the App & Play store-Operator, and Your Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the App & Play Store-Operator will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.
- If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
Conqr Technology Pty Ltd (trading under Traydi) and the End-User acknowledge that Conqr Technology Pty Ltd (trading under Traydi), and not Apple, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User’s possession and/or use of that licensed Application, including, but not limited to:
- Product liability claims.
- Any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement.
By using the App, each end User warrants and will comply to the below and that:
- The User possesses the legal capability, competency, and authority to enter into the Terms and to use the App in accordance with the Terms & Conditions.
- The User is of a legal working age or if under eighteen years old, that they have reviewed these Terms with the relevant parent or guardian to make sure that the parent or guardian understands them and the parent or guardian consents to the User’s use of the App.
- Any registration information the User submits is truthful and accurate and the User will maintain the accuracy of such information; and the User’s use of the App does not violate any applicable law or regulation; and the User will abide by any terms with respect to any third party’s mobile application.
- As a condition of each User’s use of the App, each User agrees: to abide by the Terms and not to provide access to their Account on the App to any third party and that Conqr Technologies Pty Ltd has the right to refuse Users all current or future use of the App; and reserves the right to include or exclude entry to, or remove a User from the App.
To the maximum extent permitted by law, You as the User hereby indemnify Us (Conqr Technologies Pty Ltd) including our employees, affiliates, agents and any other and You agree to defend Us and to hold Us harmless in relation to all claims, suits, demands, actions, liabilities, costs, and expenses (including legal costs and expenses on a full indemnity basis) which may arise from or relate to Your use or misuse of the Items. including in tort, contract, or negligence, arising out of, or connected to the User’s use of or access to the App.
Any breach by the User of these Terms; any wilful, unlawful, or negligent act or omission by the User; and any violation by the User of any applicable laws or the rights of any third party. You agree that We may select Our own legal representation and may participate in Our own legal proceedings if We choose.
Conqr Technologies Pty Ltd does not guarantee or indicate as such that all or some end Users will be able to connect with other suitable Users for the performance of work and/or finding jobs, hiring or work. The app provided to the User is “As is”, and the end User utilises at his/her own risk.
Conqr Technologies Pty Ltd does not endorse any User, or Account or Profile and does not control the content contained in any Profiles or the legality or suitability of any User’s services. Users are responsible for determining the identity and suitability of any other User that they contact via the App.
Conqr Technologies Pty Ltd does not perform background checks outside functionalities provided through the app when uploading appropriate documents to verify qualifications. Conqr Technologies Pty Ltd does not provide verification tools to help Users verify the identity, qualifications, or skills of other Users, including professional background and criminal history checks. It is a user’s responsibility to conduct their own checks as to the identity and qualifications of another User.
For general inquiries, complaints, questions, or claims concerning the licensed Application, please contact the team on support@traydi.com. These terms of use were created in compliance with Australian’s Rules and Regulations under the competition and Consumer Act 2010 (Cth).