1. Acceptance of Terms and Conditions
Please take the time to read these Terms and Conditions (“Terms”, “Terms and Conditions”) with care before you use the Arborists.com.au website (the “Service”) operated by Arborists.com.au (“us”, “we”, or “our”), a company situated in Australia and that serves the arboriculture and tree removal community.
By accessing this Service and using this Site, you agree to the Terms and Conditions stated herein. These Terms are applicable to any visitors, users, and others who access or use the Site. Furthermore, we reserve the right to amend these terms at any point in time in the future, and it is the responsibility of the user to check these terms and conditions regularly.
Your access and use of this Site is premised on you agreeing to be bound by these Terms and Conditions as well as by any future amendments made to them. Should you disagree with any part of the terms, then you may not access the Site, use it, or benefit from the included services.
2. General Services offered by Arborists.com.au:
Arborists.com.au provides numerous services (“Services”), including a dynamic online directory of Arborists, tradespeople, and other entities (“Businesses”), all of which pertain to arboriculture and tree removal, and all of which are located in Australia servicing the Australian community. Another provided service is Arborists.com.au Jobs, a forum that allows customers and clients to post jobs in Australia that are related to arboriculture and tree removal and that Businesses can perform. Arborists.com.au offers other related services as well.
3. General provisions:
a. Intellectual Property:
The images and logos referenced in the Site arborists.com.au along with the content of said Site are all subject to intellectual property rights belonging to the owners of the Site. Other products and business names that pertain to arboriculture and tree removal and that are mentioned herein may be subject to the intellectual property rights belonging to their respective owners.
If a right is not explicitly granted herein, it is then reserved: Any trademarks, copyrights, patents, designs, and other rights related to them are not to be violated, and your usage of this Site is an agreement to uphold this. Without explicit written permission, you are not allowed to copy any logo, graphic, sound, or image from this site.
By using this Site, you agree to abstain from downloading, copying, transmitting, “data-mining”, “scraping”, or replicating the information herein, which includes ratings and comments, for business purposes, regardless of the means of collecting said information.
b. Governing jurisdiction:
The laws in force in Australia govern these Terms and Conditions. Ergo, you agree to submit to the non-exclusive jurisdiction of the Australian Courts.
We service this site from our offices in Australia. Ergo, we cannot promise that the services of arboriculture and tree removal offered on this site are either appropriate or available for those residing outside of Australia. Furthermore, we do not authorise the use of this Site in territories where the content contained herein may be considered illegal or prohibited according to the laws of these territories.
We reserve the right to assign any of our rights and obligations at any point in time according to this agreement through notifying you on this Site.
d. Links to Third Party Sites:
Our Site, www.arborists.com.au, may contain links to third-party websites or services that operate in arboriculture and tree removal in Australia. These third party websites are not owned or controlled by Arborists.com.au.
Arborists.com.au in no way controls or takes responsibility for the content, privacy policies, or practices of any third party websites or services. Consequently, you are aware and agree that Arborists.com.au shall be neither held responsible nor held liable, in any way, shape, or form, for any damages or losses incurred or claimed to be caused by, directly or indirectly, these third parties, their services, or their content.
It is highly advisable that you thoroughly read the Terms and Conditions as well as the privacy policies of any third-party websites with whom you interact.
We maintain the right to modify or replace these Terms at any point in time. If a revision proves necessary, we will do our best to provide you with a 30 day-notice before any new terms take effect. That being said, the determination of what constitutes necessary conditions under which we will have to amend these Terms and Conditions shall be decided at our sole discretion.
Once these new terms come into effect, any use by you after that will be an agreement on your part to be bound by the new terms. Should you find the new terms disagreeable, please stop using the Site.
f. Entire Agreement:
The entire agreement between you and us, Arborists.com.au, is contained in these Terms and Conditions, which supersede any representations, agreements, understandings, and statements that might have preceded this agreement verbally or in writing.
4. No warranties/ Disclaimer:
By using this Site, you express your clear understanding that :
Any risk incurred by using this Site is your responsibility and at your sole discretion. To the maximum extent permitted by the law, Arborists.com.au disclaims and excludes any implied conditions, warranties, and guarantees, which includes, but is not limited to, any warranties of merchantability, suitability for a particular purpose, and non-infringement;
Arborists.com.au does not guarantee that its Services will be uninterrupted, timely, secure, or free of errors. Furthermore, it is not guaranteed that any information on the Site, feedback included, will be accurate, free of errors, or reliable;
Arborists.com.au does not guarantee the accuracy, adequacy, quality, currency, validity, completeness, or suitability of the Services provided as well as any other information present on this Site for any purpose. We provide the Site and Services on an “as is” and “as available” basis;
Arborists.com.au does not guarantee that its Site or Service are free of virus infections, worms, trojan horses, or any other sort of malicious software;
Any advice or information obtained by you from this Site, from Arborists.com.au, or from anyone else affiliated with the company shall not form the basis of a warranty by Arborists.com.au not stated in an explicit manner in these Terms and Conditions;
Arborists.com.au does not make any guarantees concerning the Businesses featured or recommended on its Site or the services performed by these Businesses, which include arboriculture, tree removal, and any other services carried out in accordance with a job posted on Arborists.com.au Jobs;
Arborists.com.au is impartial, neither supporting nor refuting, towards both the ratings and the comments left by the users. Consequently, Arborists.com.au does not have to endorse, support, sanction, encourage, verify, agree, or in any way affiliate itself with any of the opinions expressed by the Users herein;
Any content that pertains to advertising and appears on this Site, including any hyperlinks to the advertiser’s website, is the responsibility of the advertisers themselves, and Arborists.com.au is not responsible for any of it. Furthermore, the placement of these advertisements on the Site is in no way, shape, or form a recommendation or suggestion by Arborists.com.au of the service or product.
Under no circumstances will we be held responsible for any losses incurred by you due to or related to the use of our Site, be it by you or others, be it directly or indirectly. These losses may include, but are not limited to, loss of profit, loss of data, loss of business, any sort of damages, and consequential and incidental loss whether at law, in tort, or otherwise.
5. Ratings and Comments on Businesses Offering Arboriculture and Tree Removal Services:
a. You are aware that Arborists.com.au offers a forum in which the performance of Businesses performing arboriculture and tree removal services in Australia are rated by the customers who utilise said services. Ergo, should you post such a rating or comment, you warrant :
You have dealt with the Business in question with the objective of having them work for you;
Any assertion on your part in the ratings or comments related to the Business in question that you claim to be fact must be true or not materially different from the truth;
Any opinion expressed on your part in the ratings or comments related to the Business or its services, which include but are not limited to arboriculture and tree removal, must be genuine, honest, and reflective of your disposition towards the Business;
While posting in the ratings and comments, you will refrain from using obscene or offensive language and from submitting any material that is or may be defamatory, abusive, libellous, hateful, harmful to others, harmful to the business interests of Arborists.com.au, invasive of anyone else’s privacy, encouraging of conduct that may be considered criminal. Additionally, you will not post material that may give rise to civil liability or may violate any local, national, or international laws or regulations;
While posting in the ratings and comments, you will refrain from submitting or posting any content that can be considered junk, spam, unauthorised advertising; an example of which is soliciting other users to buy or sell any products or services. The only case where it is allowed to post such content is with the prior written consent of Arborists.com.au;
While posting in the ratings and comments, you will refrain from posting more than 1 rating per Business per 60-day period, regardless of how much work the Business in question has performed for you. According to the 60-day limit, you are allowed to post one rating per job performed by a Business;
b. Arborists.com.au is not responsible for screening, editing, or, in any other way, controlling the ratings, comments, and other content. Ergo, you acknowledge the Site may contain content that you find distasteful, inaccurate, misleading, offensive, or objectionable.
c. Arborists.com.au is under no obligation to preserve the material on the Site, and we may modify or remove any or all the content at our sole discretion.
d. In the event that a Business outsources part or all the work to a third party, the referring Business may get rated by the end user, according to Arborists.com.au’s sole discretion. Similarly, the third party completing the work may also get rated.
6. Registered Businesses:
a. In the event of registering your Business with Arborists.com.au, all the terms and conditions set out in clause 6 will be applicable.
b. Should you post or submit content related to your Business on the Site, you must guarantee the following:
All your content is not private and is created with the intent of being published on the site;
All your content is truthful and accurate to the best of your knowledge;
By posting your content on the Site, you offer Arborists.com.au the unconditional right to use, reproduce, modify, translate, and distribute said content in any way and any medium we see fit, including but not limited to commercial purposes;
When posting any content, you will refrain from using obscene or offensive language and from submitting any material that is or may be defamatory, abusive, libellous, hateful, harmful to others, harmful to the business interests of Arborists.com.au, invasive of anyone else’s privacy, encouraging of conduct that may be considered criminal. Additionally, you will not post any material that may give rise to civil liability or may violate any local, national, or international laws or regulations;
c. By using our Site, you agree to refrain from posting ratings or comments about your Business or its services, which include but are not limited to arboriculture and tree removal, on the Site that is false, inaccurate, or misleading. Similarly, you will refrain from encouraging or procuring others to post fallacious, inaccurate, or misleading comments in your stead.
d. By using our Site, you agree to refrain from coercing or intimidating our Users in order to acquire or change ratings or comments related to your Business and the services you offer, be it arboriculture or tree removal. Furthermore, you are aware that any coercion or intimidation on your part is considered grounds for removing your Business from our Site.
e. By using our Site, you agree to refrain from disclosing your unique login details to third parties. In the event that you disclose said details to a third party, you become liable for any breach of the Terms and Conditions by said third party. Furthermore, the indemnity we refer to in clause 7 is extended accordingly.
f. You are aware that in order to become a registered Business, the charges are $699 annually.
g. You are aware that Arborists.com.au has the right to increase or decrease its charges for registering a Business, according to its sole discretion. Nevertheless, in the event that the charges are altered, you will be given adequate notice.
h. You are aware that in the event that you do not pay the charges, Arborists.com.au has the right to withdraw the benefits of registration and remove your Business from the Site.
i. You are aware that any charges paid to Arborists.com.au are non-refundable unless we decide otherwise.
j. You are aware that any Business that regularly outsources parts of the work obtained from Arborists.com.au Jobs to a third party must pay the premium rate of $1199 annually if requested by us unless we decide otherwise.
By using this Site, you agree to indemnify Arborists.com.au as well as its employees, contractors, agents, and representatives. Furthermore, you agree that Arborists.com.au is not to be held accountable in the event that you incur any bad reviews, claims or liabilities as a result of breaching these Terms and Conditions.
a. We reserve the right to terminate or suspend your access to our Site immediately, without former notice or liability, for any reason, including but not limited to breaching these Terms and Conditions.
b. All provisions of the Terms and Conditions that according to their nature ought to survive termination will survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.