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Terms & Conditions

This Site is hosted at https://www.oneflare.com.au/. The material on the Site is copyright © 2009-2022 Oneflare and/or other copyright owners.

 

Customers and Businesses

  1. These Terms of Use ("Terms") govern your use of the Site located at https://www.oneflare.com.au ("Site") and form a binding contractual agreement between you, the user of the Site and us, Oneflare.

  2. These Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us on 1300 138 827 or via [email protected].

  3. By using the Site you acknowledge and agree that you have had sufficient opportunity to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site. Oneflare attempts to match the needs and requirements of Customers to Businesses and vice versa for the provision of those services.

  4. You acknowledge and agree that Oneflare is in no way directly involved in any transactions between Customers and Businesses and only provides this medium to facilitate the introduction of Customers and Businesses. 

  5. Oneflare in no way guarantees the services of the Businesses, nor does it provide any guarantees as to the authenticity and financial viability of the Customers. 

  6. Any dispute or difference arising in connection with these terms and conditions shall be submitted to arbitration in accordance with, and subject to, the Rules for the Conduct of Commercial Arbitrations of the Institute of Arbitrators and Mediators, Australia.

  7. Acceptance of the Terms and Conditions of this Site in no way form a relationship of agency between you and Oneflare.

  8. Businesses using the Site are required to read and familiarise themselves with our Genuine Customer Guarantee.

  9. Oneflare reserves the right to change these Terms, the Site or content contained within the Site:

    1. with or without further notice to you; and

    2. without giving you any explanation or justification for such change.

  10. From time to time, the website will generate automated emails to registered users and/or website users will send emails and messages to one another through the website. Emails sent by the website or through the website are considered a part of the Oneflare website. Consumers reading articles, emails or other material posted on our website should review the information carefully. The information is not intended in any way to be a substitute for professional advice. Neither the content nor any other service offered through the website or our emails is intended as professional advice. Should you no longer wish to hear from us via email, SMS or push notification, you may either update your preferences in the notification section of your Oneflare account and/or you may contact us on 1300 138 827 or via [email protected]. 

 

Customers requesting a service

The Site is available for you to access conditional on your acceptance, without alteration, of the terms set out below. By continuing to access the Site you are agreeing to the terms and conditions set out below.
 

  1. Use of material on the Site

    1. Except for the limited use set out in paragraph 1.3, you may not use the Site, or the material contained on it or within it, for any purpose. This involves:

      1. the reproduction of the material in any material form;

      2. the distribution of the material in any material form;

      3. re-transmission of the material by any medium of communication;

      4. uploading and/or reposting the material to any other site on the WWW;

      5. the material on the Site with other material on any other WWW site.

    2. The above are unlawful in any jurisdiction and are specifically prohibited by these Terms.

    3. Notwithstanding the above restrictions on the use of the material on the Site, you may download material from the Site for your personal non-commercial use, provided you do not remove any copyright and/or trademark notices contained on the material.

    4. You may not modify or copy:

      1. the layout of the Site; and

      2. any computer software and code contained in the Site.

    5. Oneflare reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it. The material provided on the Site is provided for personal use only and may not be:

      1. re-sold and/or re-distributed in any material form;

      2. stored in any storage media; and/or

      3. re-transmitted in any media,

        without the prior written consent of Oneflare.

  2. Fees

    1. Using the Site and placing your job to be quoted on by a Business is free. However, when you accept a quote and enter into a contract with a Business for that job you will be solely liable to that Business for the work performed. Oneflare accepts no liability for invoices or costs of those Businesses which successfully bid for your job.

    2. At the time of listing and prior to accepting a quote, the Customer should make their own reasonable enquiries and searches to ascertain the credibility and suitability of that Business to perform the job.

  3. Links and introductions to Businesses

    1. The Site provides links and introductions to Businesses owned and operated by third parties and which are not under the control of Oneflare.

    2. In relation to the Businesses to which you have been introduced, Oneflare:

      1. provides the links and/or introductions to the Businesses as a convenience to you and the existence of a link and/or introduction to the Businesses does not imply any endorsement by Oneflare of that Business; and

      2. is not responsible for the actions and services provided by those Businesses.

    3. You are solely and completely responsible for the selection of the quote and the business transaction, including payment to the business for work undertaken at your request. Oneflare makes neither recommendations nor prescribes to you the method of choice of successful Business.

  4. Disclaimer relating to the linked Businesses

    1. Oneflare operates the Site making it available for you to publish information without assuming a duty of care to users. Oneflare does not and will not provide professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Site and/or linked or introduced Businesses.

    2. To the full extent permitted by law, Oneflare disclaims any and all warranties, express or implied, regarding:

      1. the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Site and/or of any linked Business; and

      2. merchantability or fitness for any particular purpose for any service or product contained or referred to on the Site and/or on any linked Businesses.

    3. Oneflare has a system whereby certain details and credentials of a Business (provided by the Business) are inspected by our staff. Oneflare does not conduct any of its own searches and does not provide any assurances or warranties concerning the legality or validity of the documents other than that they have been received.

    4. Oneflare will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:

      1. acting, or failing to act, on any information contained on or referred to on the Site and/or any of the linked Businesses; and

      2. using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Site and/or any linked Businesses.

  5. Disclaimer relating to Oneflare

    1. Oneflare does not warrant, guarantee or make any representation that:

      1. the Site or the server that makes the site available on the WWW, are free of software viruses;

      2. the functions contained in any software contained on the Site will operate uninterrupted or are error-free; and

      3. errors and defects in the Site will be corrected.

    2. Oneflare is not liable to you for:

      1. errors or omissions in the Site, or linked Businesses on the WWW;

      2. delays to, interruptions of, or cessation of the services provided in the Site, or linked Businesses; and

      3. defamatory, offensive or illegal conduct of any user of the Site, whether caused through negligence of Oneflare, its employees or independent contractors, or through any other cause.

    3. You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Site.

  6. Limitation of liability

    1. The Disclaimers at Clauses 4 and 5 above may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law, Oneflare’s liability for any implied warranty or condition is limited, at the choice of Oneflare, to one or more of the following:

      1. If the breach of an implied warranty or condition relates to services:

        1. the supply of the services again; or

        2. the payment of the cost of having the services supplied again.

      2. If the breach of an implied warranty or condition relates to goods:

        1. the replacement of the goods or the supply of equivalent goods;

        2. the repair of such goods;

        3. the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.

  7. Use of information gathered

    1. Oneflare and/or parties authorised by it, may gather and process the information:

      1. which you may provide when accessing the Site, such as your name, address, email address and other personal information about you; and

      2. programmed during the accessing of the Site.

    2. Oneflare may use the information acquired through (1) and (2) above to engage in direct marketing to you in any medium.

    3. Oneflare reserves the right to share your contact details with a Business you have been introduced to in accordance with Clause 3.

  8. Termination of access

    1. Oneflare may terminate access to the Site at any time without giving any explanation or justification for the termination of access, and Oneflare has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Site.

  9. Alteration of Terms of Use

    1. Oneflare reserves the right to change these Terms of Use:

      1. with or without further notice to you; and

      2. without giving you any explanation or justification for such change.

  10. Relevant jurisdiction

    1. If any part of this Agreement is found to be void, unlawful or unenforceable, then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.

    2. This Agreement will be governed by and interpreted in accordance with the law of New South Wales, without giving effect to any principles of conflicts of laws.

    3. You agree to the jurisdiction of the courts of New South Wales to determine any dispute arising out of this Agreement.

 

Businesses

This Site is available to provide information about your product or service conditional on your acceptance without alteration of the terms and conditions set out below. By continuing to provide information about your product or service you are agreeing to the terms and conditions set out below.

  1. Uploading information

    1. You represent and warrant in relation to any material and/or information you provide to the Site that:

      1. you are authorised to provide the material and/or information and service that you represent;

      2. the material and/or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;

      3. the material and/or information is not the “passing off” of any product or service and does not constitute unfair competition;

      4. the material and/or information does not infringe any intellectual property right including, but not limited to, trademarks, service marks or business names (whether registered or unregistered), confidential information and copyright; and

      5. the material and/or information does not infringe any legislation or regulations of the Commonwealth of Australia and the State of New South Wales including, but not limited to, the Trade Practices Act 1974 (Cth) and the Fair Trading Act 1987 (NSW) and equivalent state and territory legislation and any other parliament competent to legislate in relation to the Site or any law in any country where the material and/or information is or will be available electronically to users of the Site.

  2. Licence to use intellectual property

    1. By uploading any material which is intellectual property including, but not limited to, copyrighted works, trademarks and service marks (the “intellectual property”) on to the Site, you are granting Oneflare a perpetual, non-exclusive and payment-free licence throughout the world to:

      1. reproduce, use and exploit the intellectual property, as part of the Site, to the full extent permitted by intellectual property law in any jurisdiction in which the Site is available to users; and

      2. allow Oneflare to sublicense others the same rights granted to Oneflare in (1) above.

  3. Quoting and winning Customers' jobs

    1. You acknowledge and agree that:

      1. any and all of the terms and conditions pertaining to the job and the quote constitute a contract between you and the Customer and do not involve or implicate Oneflare in any way;

      2. the lowest priced or best quote will not necessarily be the quote selected by the Customer;

      3. Oneflare plays no role, whether active or inactive, in the method of selection by the Customer of the selected quote; and

      4. Oneflare takes no responsibility for the accuracy, reliability or timeliness of the content provided by a Customer posting a job.

      5. Oneflare makes no guarantee that a supplied Customer phone number is genuine.

  4. Removal of information

    1. In relation to any material and/or information included on the Site, Oneflare may remove any material and/or information, including but not limited to links to you, at any time without giving any explanation or justification for removing the material and/or information.

  5. Limit of liability

    1. Oneflare and its respective officers, employees and agents have no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly. This applies in relation to, or in connection with, any material and/or information supplied in respect of advertising or bidding for jobs on this Site, and as a consequence of removing any material and/or information from this Site.

    2. You warrant that you will perform all services in accordance with legislative and industry standards and that you have taken out and will maintain any required insurances, approvals and licences as required by the state and federal laws of Australia.

  6. Indemnity

    1. You will at all times indemnify, and keep indemnified, Oneflare and its respective officers, employees and agents (referred to as “those indemnified”) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of any breach of this Agreement by you; and publication of or distribution of the material and/or information supplied by you.

  7. Provision of services and associated fees

    1. We may charge you a fee for the provision of our services as described on the Site or through direct communication with you.

    2. By making use of our services, you acknowledge that you understand the features of those services as described on the Site or through direct communication with you.

    3. Fees for our services are payable in advance.

    4. Upon receiving payment from the payee, payment will be subject to the stated Refund Policy.

    5. Services provided by us and charged to you on a recurring subscription basis can be terminated by you by providing us with 15 days written notice prior to your next subscription renewal date.

  8. Quoting credits

    1. Where you have paid us a fee for the purchase of quoting credits, those quoting credits:

      1. are not redeemable outside of the Site.

      2. are valid for a fixed period, as described on the Site or through direct communication with you, commencing at the time of purchase after which they will expire.

  9. Refund policy

    1. You acknowledge and agree that as a term and condition of using the Site, any fees incurred are non-refundable.

    2. If you are unhappy with the service of Oneflare and have outlined in detail the reasons for your grievance, Oneflare will consider the application for a refund and in its absolute discretion will either:

      1. reject the claim; or

      2. offer you credit on your account; or

      3. refund your payment.

    3. In any other case, refunds will only be given at the absolute discretion of Oneflare.

    4. If we find your account is in poor standing or there has been abuse reported against your account, we may refuse any cash or credit refund.

  10. Termination of access

    1. Oneflare may terminate access to the Site at any time without giving any explanation or justification for the termination of access.

  11. Relevant jurisdiction

    1. If any part of this Agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.

    2. This Agreement will be governed by and interpreted in accordance with the law of New South Wales, without giving effect to any principles of conflicts of laws.

    3. You agree to the jurisdiction of the courts of New South Wales to determine any dispute arising out of this Agreement.

 

Code of Conduct

The Oneflare Code of Conduct is created to maintain the integrity of our marketplace for the benefit of all our Customers and Businesses ("users"). A breach of the Code of Conduct can result in a warning or immediate termination subject to the Terms and Conditions (report on any of the above breaches will be further investigated prior to warning and termination).

  1. Users will be courteous and friendly in all interactions and not engage in any discriminatory or offensive behaviour on Oneflare, or towards Oneflare users and staff.

  2. Businesses will deliver an excellent service and display professional workmanship at all times.  

  3. Businesses will honour the price quote submitted to the customer unless there is a change in the size or scope of work.

  4. Businesses will turn up on time if an appointment has been made with the Customer to inspect the job or complete the agreed work.

  5. Businesses will not breach the Terms of Use e.g. using other avenues to locate Customer information without paying the fee.

  6. Users will not post illegitimate reviews as this is against the law.

  7. Businesses will not engage in any criminal activity. e.g. taking a deposit and not completing the work.

  8. Users will not threaten or harass Oneflare users or Oneflare staff.

  9. Businesses shall pay for all costs actually incurred in the recovery of any monies owed under their Agreement with Oneflare. These costs include recovery agent costs, repossession costs, location search costs, process server costs and solicitor costs on a solicitor/client basis, debt collection commission and legal fees on an indemnity basis.

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