1. Definitions and interpretation

In these Terms:

Account means an account created or maintained for access to a Service.

Authorised User means any employee, contractor, agent or other individual permitted by you to access or use a Service under your Account.

Customer Data means any information, data, material or content entered, uploaded, submitted, stored, generated or processed through a Service by or for you or your Authorised Users, including, as applicable, client details, addresses, jobs, photographs, notes, scans, annotations, floor plans and related records.

Floor Plan Application means the Trade Select 2D Floor Plan application referred to on the Website.

Job Management Application means the Trade Select job management application for restoration professionals available at portal.tradeselectapp.com.au.

Privacy Policy means our privacy policy as updated from time to time and published on or linked from the Website.

Service means the Website, the Job Management Application, the Floor Plan Application and any related software, support, content, functionality or services we make available from time to time.

Website means www.tradeselectapp.com.au and any related pages we operate for the Trade Select software brand.

A reference to including or includes means including without limitation. Headings are for convenience only and do not affect interpretation. Unless the context requires otherwise, the singular includes the plural and vice versa.

2. Scope of Services

1. Trade Select operates a software brand currently made up of two separate applications developed by separate teams: the Job Management Application and the Floor Plan Application.
2. The Job Management Application is a job management application for restoration professionals and may include features for creating and managing client profiles, contact details and site locations, creating, assigning and tracking residential and commercial jobs, capturing and storing photographs, notes and site documentation, and managing related job administration and workflow records.
3. The Floor Plan Application is a room scanning and floor plan generation application that allows users to scan rooms and generate floor plans.
4. We may update, improve, modify, add, remove, suspend or discontinue features, functionality, content or parts of any Service at any time. We do not promise that any feature will remain available in its current form or at all.
5. From time to time we may offer demonstrations, trial access, test environments, pre-release features or beta functionality. Unless we state otherwise in writing, those offerings are provided on a temporary, limited and as-available basis and may be withdrawn, changed or unsupported at any time.

3. Eligibility, business use and accounts

1. You must be at least 18 years old and legally capable of entering into a binding agreement to use the Services.
2. The Services are intended for legitimate business use. The Job Management Application is designed for restoration professionals and related business operations. You are responsible for determining whether a Service is suitable for your own workflow, business processes and legal obligations.
3. You must provide accurate, current and complete registration, billing and account information and keep that information up to date.
4. You are responsible for maintaining the confidentiality and security of your login credentials and for all activity occurring through your Account, whether by you or an Authorised User.
5. You must notify us promptly at admin@tradeselectgroup.com.au if you suspect unauthorised access to your Account or any security incident affecting the Services.
6. You are responsible for managing, monitoring and promptly removing access for your Authorised Users, including former employees, contractors or other personnel who should no longer have access.
7. We may refuse registration, limit access, require verification, or disable credentials where reasonably necessary for security, compliance, operational or account management reasons.

4. Subscription plans, fees and billing

1. Fees, billing cycles and available plans for a Service are as notified by us, shown on the relevant application, or otherwise agreed with you for that Service.
2. Unless stated otherwise, fees are payable in advance and are non-refundable except to the extent required by law or expressly stated in the applicable plan or offer.
3. We may change pricing or plan structures by giving reasonable prior notice. Any revised pricing will apply from the next renewal, billing period or invoice cycle after the notice takes effect.
4. If a payment fails, is reversed, is declined or becomes overdue, we may retry payment, issue reminders, restrict features, suspend access or require an alternative payment method until the issue is resolved.
5. You are responsible for all taxes, duties and government charges associated with your purchase or use of the Services, other than taxes based on our net income.
6. Different billing arrangements apply to the current applications as set out below.

4.1 Job Management Application billing

1. The Job Management Application currently requires setup and configuration for each client.
2. User access and payment collection for the Job Management Application are currently managed manually by Trade Select through recurring invoicing rather than solely through self-serve in-app billing.
3. Charges for the Job Management Application are currently based on the number of active users on the customer account.
4. You must pay invoices issued for the Job Management Application by the due date stated in the invoice or otherwise notified by us. We may adjust future invoices if the number of active users changes or if the applicable plan, scope or inclusions change on notice.
5. Cancellation of the Job Management Application may be requested by contacting us. Unless we agree otherwise or law requires otherwise, cancellation will take effect at the end of the current paid or invoiced period, subject to payment of accrued amounts.

4.2 Floor Plan Application billing

1. The Floor Plan Application is more self-serve and currently allows users to create their own account and manage subscription plans and payments through the application or associated billing tools.
2. Recurring subscriptions for the Floor Plan Application renew automatically unless cancelled before the next renewal date.
3. You may manage or cancel your Floor Plan Application subscription through the billing controls available in your account, subject to the applicable plan settings. Unless the law requires otherwise, cancellation takes effect at the end of the current paid billing period.

5. Customer Data and data licence

1. As between you and Trade Select, you retain ownership of your Customer Data.
2. You grant us a limited, non-exclusive, worldwide, revocable licence for the term of your use of the relevant Service to host, copy, store, transmit, process, adapt, display and otherwise use Customer Data to the extent reasonably necessary to provide, secure, maintain, support, troubleshoot, develop and improve the Services and associated business operations.
3. You are responsible for the accuracy, quality, legality and appropriateness of Customer Data and for obtaining any consents, permissions, notices or other authority required for the collection, upload, use, disclosure, scanning, photographing or processing of Customer Data through the Services.
4. You must not upload or process Customer Data in a way that infringes another person’s rights or breaches any applicable law, confidentiality obligation, privacy obligation, access restriction, workplace requirement or safety requirement.
5. We do not routinely review, verify or endorse Customer Data.
6. We may use de-identified, anonymised or aggregated data derived from use of the Services for lawful business purposes such as service improvement, analytics, performance monitoring and reporting, provided that such data does not identify you or any individual as such.

6. Privacy

1. Our collection, use, handling and disclosure of personal information is described in our Privacy Policy.
2. You acknowledge that you are responsible for your own handling of personal information and compliance with laws applying to your business and its use of Customer Data.
3. Nothing in these Terms limits any rights or obligations that cannot lawfully be excluded under applicable privacy or consumer protection laws.

7. Acceptable use restrictions

You must not, and must not permit any person to:

1. Use a Service unlawfully or in a manner that infringes another person’s rights.
2. Upload, submit, scan, transmit or store unlawful, defamatory, harassing, malicious, misleading or infringing material.
3. Upload or process personal information without appropriate consent, authority or other lawful basis.
4. Misrepresent your identity, authority or affiliation with any person or organisation.
5. Attempt to gain unauthorised access to the Services, another account or related systems or networks.
6. Circumvent or interfere with security, authentication, access controls, rate limits or technical protections.
7. Introduce malware, malicious code, harmful scripts or conduct that disrupts, degrades or damages the Services or another user’s access.
8. Scrape, harvest, crawl, spider or systematically extract data, content or materials from the Website or Services except as expressly permitted by us in writing.
9. Reverse engineer, decompile, disassemble or attempt to extract source code, underlying ideas, models or trade secrets from the Services except to the limited extent that applicable law prohibits contractual restriction.
10. Use the Services or any non-public feature, output or data to build, train, benchmark or support a competing service or product.
11. Share credentials or otherwise allow unauthorised access to the Services.

8. Floor Plan Application specific terms

This clause applies specifically to the Floor Plan Application.

1. You must have the permission of the property owner, occupier or another person with proper authority before scanning any premises or generating floor plans relating to that premises.
2. You are responsible for complying with applicable privacy, access, workplace, health and safety and other legal requirements when using the Floor Plan Application.
3. Floor plans, layouts and measurements generated through the Floor Plan Application are approximate only. Outputs may be affected by device capability, cameras, LiDAR sensors, software processing, movement, lighting, reflective surfaces, obstructions, room geometry, network conditions and scanning technique.
4. Outputs are intended as a working reference only. They are not certified plans, certified surveys, engineering drawings, architectural plans, construction documents or documents to be relied on without independent verification.
5. You must independently check and verify any measurements, layouts or other outputs before using them for construction, compliance, safety, estimating, quoting, insurance, contractual, regulatory or legal purposes.

9. Intellectual property

1. Trade Select and its licensors retain all right, title and interest in and to the Services, including all software, source and object code, designs, interfaces, branding, trade marks, documentation, know-how and other intellectual property rights in or relating to the Services.
2. These Terms do not transfer ownership of any intellectual property rights to you, other than the limited right to access and use the Services in accordance with these Terms.
3. Your rights in Customer Data remain subject to clause 5.

10. Third-party services and integrations

1. The Services may use, depend on, or integrate with third-party providers and infrastructure, including payment processors, hosting providers, analytics services, communications tools, authentication providers, mapping services, device platforms or other supporting technology.
2. Third-party services may be governed by separate terms, policies and technical requirements imposed by the relevant third party. You are responsible for complying with those third-party terms where they apply to your use of the relevant service or integration.
3. We do not control the independent systems, acts, omissions, availability or security practices of third-party providers, although we may select and use providers as part of delivering the Services.

11. Availability, maintenance and support

1. We aim to provide reliable access to the Services, but we do not guarantee uninterrupted, secure or error-free operation, or that the Services will be available at all times, in all locations, on all devices or through all networks.
2. Availability may be affected by planned maintenance, emergency maintenance, outages, telecommunications failures, internet interruptions, third-party service failures, platform changes, device limitations and events outside our reasonable control.
3. Compatibility of a Service may depend on supported hardware, operating systems, browsers, device capabilities, network connectivity and third-party platform requirements.
4. Where limited offline functionality is available, data captured offline may not be available through cloud storage or other devices until it successfully synchronises.
5. You are responsible for maintaining suitable devices, internet connectivity, local security measures and any backup or export practices appropriate for your business.
6. Any support we provide is subject to the support information, channels and service arrangements we publish or otherwise make available from time to time.

12. Australian Consumer Law and disclaimers

1. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law or any other applicable law.
2. Subject to those non-excludable rights, the Services are provided on an as-available and as-updated basis.
3. Subject to those non-excludable rights, we do not warrant that the Services will be uninterrupted, error-free, fully secure, compatible with every device or workflow, or suitable for every business, regulatory, evidentiary, record-keeping or operational requirement.
4. You are responsible for determining whether the Services and any outputs are suitable for your particular purposes and obligations.
5. Where the law permits us to limit liability for breach of a non-excludable guarantee, our liability is limited, at our option, to resupplying the relevant services or paying the reasonable cost of having the services resupplied.

13. Limitation of liability

1. To the maximum extent permitted by law, Trade Select is not liable for any indirect, incidental, special, exemplary or consequential loss, or any loss of profit, revenue, business, opportunity, goodwill, anticipated savings or data, arising out of or in connection with the Website, any Service or these Terms.
2. To the maximum extent permitted by law, our aggregate liability arising out of or in connection with the Website, any Service or these Terms is limited to the total fees paid by you for the relevant Service during the 12 months immediately preceding the event giving rise to the claim.
3. This clause does not limit any liability that cannot lawfully be limited or excluded.

14. Indemnity

To the extent permitted by law, you indemnify Trade Select against claims, losses, liabilities, damages and reasonable costs suffered or incurred by us arising from:

1. Your material breach of these Terms.
2. Your unlawful misuse of a Service.
3. Infringement of a third party’s rights through Customer Data supplied, uploaded, scanned or processed by or for you.

This indemnity is reduced to the extent that our acts or omissions caused or contributed to the relevant loss.

15. Suspension, termination and effect of termination

1. We may suspend, restrict or terminate access to a Service immediately or on notice if you materially breach these Terms, fail to pay applicable fees, create a security risk, engage in fraudulent or unlawful conduct, or use the Services in a way that may expose us or others to liability or harm.
2. Where reasonably practicable, we will give notice and an opportunity to remedy a remediable breach before terminating access.
3. You may stop using the Services at any time, and may cancel a subscription or request account closure using the applicable billing controls or by contacting us, subject to payment of accrued fees and the cancellation arrangements applicable to the relevant Service.
4. Termination or expiry does not affect accrued rights, outstanding payment obligations or provisions that by their nature are intended to survive, including provisions dealing with fees, Customer Data, intellectual property, privacy, disclaimers, liability, indemnity, suspension, termination and governing law.
5. Following termination or expiry, we may provide a limited opportunity for you to access or export Customer Data where reasonably practicable and subject to our then-current technical capabilities, legal obligations and operational requirements. After that period, we may delete or de-identify Customer Data in accordance with our systems, policies and applicable law.

16. Changes to these Terms

1. We may update these Terms from time to time to reflect changes to the Services, our business practices, applicable law or operational requirements.
2. We will give reasonable notice of material changes by email, in-application notice, account notice, invoice notice, website publication or another reasonable method. Changes take effect on the date stated in the notice or updated Terms.
3. If you continue to access or use the Website or a Service after the effective date of updated Terms, you are taken to have accepted the updated Terms.

17. Governing law and jurisdiction

1. These Terms are governed by the laws of Victoria, Australia.
2. You submit to the non-exclusive jurisdiction of the courts of Victoria and courts entitled to hear appeals from them.

18. Contact

Trade Select Pty Ltd
ABN 33 618 786 119
Email: admin@tradeselectgroup.com.au