RACV Home Trades & Services Platform Terms and Conditions of Use

These are our terms and conditions. They set out the conditions for use of the RACV Home Trades & Services Platform, including our obligations to you, your rights, and your obligations to us.

These terms and conditions are between you, Royal Automobile Club of Victoria (RACV) Limited (“RACV”) and PropertySafe Pty Ltd (“PropertySafe”). PropertySafe is RACV’s third-party partner and the provider of the Platform. Throughout these terms and conditions a reference to “we”, “us” or “our” is a reference to RACV and PropertySafe (together, or separately as the context may require).

By using the Platform, you acknowledge and agree to abide by these terms.

Thank you for using the Platform.

1. Our Platform: RACV Home Trades & Services

1.1 Functionality

RACV’s partner, PropertySafe provides a web-based and application-based property maintenance management system under the names RACV Home Trades & Services and Maintenance Manager (the Platform). The Platform is used for the arrangement of property maintenance services and facilitates, among other things:

(a) obtaining and comparing quotes from trade and service suppliers;

(b) tracking the provision of maintenance services;

(c) rating and review of service providers.

The Platform may be provided through a website or websites, software applications, or a combination.

 

1.2 Users

Users of the Platform include:

(a) property owners and occupants;

(b) businesses and managing agents; and

(c) tradespersons and other service providers.

 

1.3 Application

These terms and conditions apply to the use of the Platform by property owners and occupants (RACV Home Trades & Services Customers) who use the RACV Home Trades & Services Platform.

2. Understanding these Terms and Conditions

2.1 Definitions

In these Terms and Conditions, we use the following terms:

Account means a Platform user account and any associated information, work or quote history, or monetary balance, registered or maintained through RACV Home Trades & Services.

Claim means a formal complaint made by a User who is a property owner or occupant who has ordered Services via RACV Home Trades & Services.

Confidential Information means information that is not publicly available, that the party receiving the information ought reasonably to know is confidential, whether or not it has commercial value.

Customer means any User registered with the Platform to obtain Services from Suppliers.

Dispute Resolution Policy means the policy which applies to disputes between RACV Home Trades & Services Customers and Suppliers and is published at https://racv.hometradesandservices.com.au/dispute-policy.

RACV Home Trades & Services means the interface to the Platform which is offered to Users who are private property owners or occupiers and promoted in connection with the trademark “RACV Home Trades & Services”.

RACV Home Trades & Services Customer means a User who is a property owner or occupier, registered with the Platform to obtain Services from Suppliers.

Intellectual Property means any intellectual property right (whether registered or capable of registration or not), including any copyright, trademark, business name, confidential information, design, patent, know-how, or trade secret, or any associated rights under common law or statute.

Job means an agreement between an RACV Home Trades & Services Customer and a Supplier whereby the Supplier will provide Services to the RACV Home Trades & Services Customer in exchange for payment as specified in a Work Order.

Maintenance Manager means the interface to the Platform which is promoted to Users who are property managers, business owners and/or professional property owners and to Suppliers, in connection with the trademark “Maintenance Manager”.

Party or Parties means either an RACV Home Trades & Services Customer, a Supplier, or both, as context requires.

Participate means use, browse, interact with, submit or respond to Quote requests, issue or accept Work Orders, or communicate through the Platform.

Personal Information means any information or opinion about an identified person or a person who could reasonably be identified from that information or opinion.

Platform means the platforms or systems described in clause 1, including any related software applications or websites in which the system is embodied.

Privacy Policy means:

PropertySafe means PropertySafe Pty Ltd (ACN 125 870 260).

Quote means an estimate of the cost for providing Services, provided by a Supplier. It is not an offer to perform Services.

RACV means Royal Automobile Club of Victoria (RACV) Limited (ABN 44 004 060 833)

Rating means a numerical evaluation score by an RACV Home Trades & Services Customer of a Supplier or a Supplier’s services.

Register means complete the steps displayed on the Registration Page.

Registration means either:

(a) the process of creating an account on the Platform; or

(b) the account created by that process

as context requires.

Registration Page means an in-app display screen or webpage, or series of screens or webpages displayed through the Platform to enable a User to create an Account on the Platform.

Services means the services provided by a Supplier to an RACV Home Trades & Services Customer, including the arrangement, preparation and provision of Quotes, the fulfilment of the requested work, the preparation and provision of invoices that a Supplier represents as being able and qualified to provide.

Service Fee means a fee issued to a Supplier for use of the Platform.

Supplier means a User registered on the Platform to supply Services to RACV Home Trades & Services Customers.

Supplier Fee means a fee for services provided by a Supplier to an RACV Home Trades & Services Customer.

Supplier Invoice means an invoice issued by a Supplier to an RACV Home Trades & Services Customer in relation to a Job.

Suspend means temporary disablement of an Account or particular functionality associated with an Account.

Terminate means permanent disablement and deletion of an Account from the Platform.

User or You means an RACV Home Trades & Services Customer or Supplier, depending on the context, who has Registered or is considering Registering.

Work Order means an offer from an RACV Home Trades & Services Customer to pay a specified price to a Supplier in exchange for provision of Services by that Supplier.

3. Using the Platform and accepting these Terms and Conditions

(a) You must accept these terms and conditions in their entirety to Register for and Participate in the Platform.

(b) RACV, at its sole discretion, reserves the right to accept, deny, or revoke Registration of any User, or to prevent access to the Platform by any person for any reason.

(c) If you do not understand any part of these terms you should seek legal advice, or contact us to obtain further information. We do not provide advice, legal or otherwise, to you under any circumstances.

4. Registration

4.1 General 

(a) To Participate in the Platform all RACV Home Trades & Services Customers must Register.

(b) In order to Register, you must:

    (i) provide the information requested on the Registration Page; and

    (ii) agree to these Terms and Conditions.

(a) Information provided by you during Registration must not:

    (i) contain or refer to any misleading, deceptive or fraudulent statements, documents, certificates, licenses, qualifications, offers or undertakings;

    (ii) contain any obscene, threatening, indecent or defamatory material; or

    (iii) disclose information, business or personal, without consent of the business or person to which the information belongs to or applies to.

 

4.2 Personal Information

By Registering:

(a) you acknowledge and agree that the Personal Information requested on the Registration page is required by us to:

    (i) ensure the safety of its Customers;

    (ii) provide services to its Customers;

    (iii) enable its Customers to communicate with the Platform and Suppliers; and

    (iv) develop and improve its services;

(b) you consent to our use of your Personal Information for those purposes;

(c) you consent to the provision of your Personal Information to other Customers as required for the provision of a Quote, issuance of a Work Order, creation of a Job, or delivery of Services; and

(d) you acknowledge and agree to the terms of our Privacy Policies

5. Collection and use of information

5.1 Collection

We collect and use personal information from you in accordance with the Privacy Policies, including:

(a) your name and address;

(b) your email address and other contact details;

(c) details of properties you own or occupy;

(d) details of the services you provide and purchase; and

(e) details of how you access and use the Platform.

By Participating in and Registering for the Platform, you have indicated that you acknowledge and agree to the terms of the Privacy Policies.

 

5.2 Use

We may, in accordance with the Privacy Policies:

(a) use the information you provide through the Platform to engage in direct marketing to you in any medium; and

(b) provide your Personal Information, including your contact details, to suppliers and potential suppliers to engage with you and to our partners for the purpose of direct marketing to you.

6. Requesting a Work Order or a Quote

6.1 Quotes

RACV Home Trades & Services Customers may use the Platform to request Quotes from Suppliers. Quote requests are sent to Suppliers based on specific criteria configured by the RACV Home Trades & Services Customer within the Platform, including job details, locality, trade qualifications, the RACV Home Trades & Services Customer’s experience of the Supplier’s work or service rating, or any other service-related criteria that may be applicable from time to time. While every effort is made to ensure that Customer Quote requests are matched appropriately with Suppliers, we do not guarantee that:

(a) you will receive Quote requests;

(b) that the Quote requests you receive will be relevant to the Services you provide; or

(c) that Quotes you issue will be accepted by RACV Home Trades & Services Customers.

 

6.2 Issuing a Work Order

An RACV Home Trades & Services Customer may use the Platform to issue a Work Order to a Supplier for specific Services. A Supplier does not need to have issued a Quote to RACV Home Trades & Services Customer in order for that Customer to issue a Work Order to that Supplier.

 

6.3 Acceptance of a Work Order

(a) When a Work Order is accepted by a Supplier, the order becomes a Job.

(b) The Platform provides the communication and tracking facilities to both Parties to enable the Job to be completed and for payment of a Supplier Fee to be made directly from the RACV Home Trades & Services Customer to the Supplier.

(c) A Supplier will issue a Supplier Invoice to an RACV Home Trades & Services Customer at any time after the Work Order is accepted and the work is completed.

(d) A Supplier may issue a Supplier Invoice to an RACV Home Trades & Services Customer at any time after Work Order is accepted and before the work is completed if they have requested an initial part-payment for the Job.

 

6.3 Cancellation of a Work Order

A job cannot be cancelled on the Platform by a Customer if it is within 24 hours of the scheduled time for that work to commence. The Customer must communicate directly with the Supplier and the Supplier will need to Cancel the job after agreement is reached with the Customer.

 

6.3 Criteria

For any particular Work Order or Quote an RACV Home Trades & Services Customer may request a specific Supplier or the Supplier may be the only Supplier selected or available to the client.

7. Disclaimer – RACV Home Trades & Services Customers

By using the Platform, RACV Home Trades & Services Customers acknowledge and agree that we do not control and are not responsible for the content or accuracy of any details of Quotes, Quote requests, Work Orders, or Jobs facilitated by the Platform.

8. Contractual arrangements

8.1 A Job is an agreement between an RACV Home Trades & Services Customer Customer and a Supplier

We are not party to any agreement between a Supplier and an RACV Home Trades & Services Customer. The contract for any work undertaken as part of a Job is strictly between the Supplier and RACV Home Trades & Services Customer and is subject to the terms and conditions agreed to between the Parties. By Participating in the Platform, you agree and acknowledge that:

(a) we are only a facilitator of communication between the Supplier and RACV Home Trades & Services Customer;

(b) we are neither responsible for nor warrants the quality or quantity of work performed by the Supplier; and

(c) we are not responsible for payment to the Supplier by the RACV Home Trades & Services Customer.

 

8.2 Payments

We are not involved in the payment of Supplier Fees by the RACV Home Trades & Services Customer to the Supplier. Payment processing is direct between the Supplier and the RACV Home Trades & Services Customer in the manner agreed by both parties. The Platform facilitates the electronic delivery of the Supplier Invoice to the Client to streamline approval, however the payment is performed outside the Platform using whatever accounting or payment system the RACV Home Trades & Services Customer and Supplier agree to use.

 

8.3 Disputes

(a) Quality of material and all workmanship is the Supplier’s responsibility and we will not be held liable or become involved in any claims arising from the supply of Services to RACV Home Trades & Services Customers.

(b) If you have a dispute with a Supplier, you acknowledge and agree to abide by the terms of the RACV Home Trades & Services Dispute Resolution Policy available at https://racv.hometradesandservices.com.au/dispute-policy, including any determination we or our insurers make in relation to a dispute between an RACV Home Trades & Services Customer and Supplier that is governed by the terms of the Dispute Resolution Policy.

(c) We are not liable for and will not be a party to any dispute between any RACV Home Trades & Services Customer and any Supplier. We do not provide revenue collection or debtor control functions.

9. Account Suspension

9.1 Circumstances in which an Account may be Suspended

Without limiting our right to terminate a User Account in accordance with clause 19(a), we may Suspend a User’s Account if:

(a) the User violates these Terms and Conditions;

(b) a User acts in a manner that is harmful to the interests of other Users of the Platform or us;

(c) we, in our absolute discretion, otherwise consider it inappropriate for the User to hold or operate an Account; or

(d) where the User is an RACV Home Trades & Services Customer, who without reasonable cause, fails to pay a Supplier for Services.

 

9.2 Consequences of Suspension

(a) If your account is Suspended, your access to Platform functionality or to other related services may be reduced. For example:

    (i) suspended RACV Home Trades & Services Customer Accounts may not be visible to other Users, and may not be able to request Quotes or issue Work Orders;

    (ii) if you are an RACV Home Trades & Services Customer, you will not be able to obtain Quotes or place Work Orders.

(b) We may, at our discretion, restore or terminate a Suspended Account.

10. Liability and Indemnity

10.1 Limitation of liability

We will not be liable for any lost profit or any indirect, incidental, special or consequential loss or damage (including but not limited to economic damages) incurred by you arising out of or otherwise in connection with your use of the Platform (including as a result of any negligent act or omission), or resulting from information that is accessible or inaccessible (due to Suspension or Termination of an Account) through the Platform. Our liability to you (including for negligence and under any implied warranties which cannot be excluded at law) is limited to (at our discretion) the re-supply of services supplied or offered by us - or the cost of this re-supply.

 

10.2 Indemnities

(a) You agree to indemnify us and hold us, our subsidiaries, related companies, officers, directors, employees and agents harmless from all liability (including, but not limited to, liability as a result of or in connection with infringement of a third party's intellectual property right or moral right, and negligence) and any claim or demand (including any claim or demand made by any third party or any claim or demand based on negligence) as a result of or otherwise in connection with these terms, or use of the Platform.

(b) You agree to indemnify us and hold us, our subsidiaries, related companies, officers, directors, employees and agents harmless from all liability and any claim or demand as a result of our reliance on statements or representations made by you that all employees, contractors and sub-contractors are licensed and insured to the level required to perform the Services they provide.

 

10.3 No warranty

The Platform is provided ‘as is’ and without any warranty or condition, express or implied. We expressly exclude (to the fullest extent permitted at law) all warranties of any kind, including, without limitation, any implied warranties as to fitness of purpose or merchantability of the Platform or that using or Participating in the Platform will not result in infringement of third party rights (including, but not limited to, Intellectual Property rights). In addition, we make no warranty that the Platform provided by us will be timely or error free.

 

10.4 No liability for Ratings

The Platform provides the ability for RACV Home Trades & Services Customers to provide Ratings of Suppliers. Irrespective of anything else in these Terms and Conditions, we accept no liability for any Supplier Rating resulting from RACV Home Trades & Services Customer activity. We do not decide or influence Ratings and the Rating is wholly at the discretion of RACV Home Trades & Services Customers to whom you have provided Services.

11. Acceptable use

By and while Participating in the Platform, you agree:

(a) not to engage in or to instigate actions that cause harm to us, or any Suppliers or RACV Home Trades & Services Customers, and that we reserve the sole right to decide in good faith which actions cause harm, as well as any corrective action to be applied;

(b) you will use the Platform for lawful purposes only. You agree to maintain your profile in full compliance with these terms;

(c) that you will not violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government;

(d) not to use the Platform or any information obtained through the Platform to transmit any unsolicited commercial or bulk email. You will not engage in any activity known or considered to be spamming or in violation of the Spam Act 2003;

(e) not to make, attempt or allow any unauthorised access to the Platform, your own account or the account of any other RACV Home Trades & Services Customer, or Customer, or Supplier;

(f) not to allow any remote code execution of malicious software through your Account;

(g) not to allow any code deconstruction or copying software through your Account.

12. Communiations

We will, through the Platform, communicate with RACV Home Trades & Services Customers and Suppliers by email, SMS, or both. The Platform is designed to minimise the need for multiple telephone calls and messages between the RACV Home Trades & Services Customer and Supplier in arranging Quotes, Work Orders, and Jobs. By Participating in the Platform, you consent to us:

(a) contacting you by email, telephone, SMS, or any other method as required in relation to Quotes, Work Orders, or Jobs, including through automated notifications; and

(b) us keeping a record of all messages sent to or from you through the Platform.

13. Ratings and reviews

(a) The Platform provides a facility for rating and review of Suppliers by RACV Home Trades & Services Customers based on certain criteria. we may, at our discretion, modify or expand criteria used in its rating system, however, all Suppliers will be rated based on the same criteria.

(b) Ratings and reviews about Suppliers may only be submitted by RACV Home Trades & Services Customers who have completed a Job on the Platform with that Supplier.

(c) We reserve the right to remove any Rating or review that we deem (in our sole and absolute discretion) to be unfair, prejudicial, inaccurate, abusive, obscene, or illegal.

(d) We are entitled to Suspend or terminate a Supplier or RACV Home Trades & Services Customer’s Account at any time if we, in our sole and absolute discretion, are concerned by any feedback about a Supplier or Customer, or consider that Supplier or RACV Home Trades & Services Customer’s feedback rating to be problematic for other Customers or Suppliers.

14. Profile control

Notwithstanding any other provision of these Terms and Conditions, RACV Home Trades & Services are entitled to control the visibility of their Platform profiles to other RACV Home Trades & Services Customers and Suppliers, in accordance with the Privacy Policies.

15. Confidentiality and security

15.1 User responsibility for Account security

(a) You are responsible for maintaining the confidentiality of all login information related to your Account.

(b) You must notify us immediately of any unauthorised use of your password or Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this policy.

 

15.2 Users are responsible for Account activity

You are fully responsible for all activities that are performed through your Account. We may Suspend or Terminate any Account which does not comply with these Terms and Conditions, without prior notice. We cannot and will not be liable for any loss or damage arising from account Suspension or Termination due to unacceptable use of the account, even if you are not aware of and/or have not authorised such use.

 

15.3 Confidential Information

While Participating in the Platform, you may be provided with Confidential Information relating to other RACV Home Trades & Services Customers or Suppliers. By using the Platform, you agree that you will not disclose or convey any Confidential Information to a third party without the express consent of the person who disclosed the Confidential Information to you.

16. Intellectual Property

16.1 Ownership

All Intellectual Property rights in information, trademarks, logos, business processes, data and materials including without limitation all software, tools, know-how, equipment or processes, used in relation to the Platform shall remain our exclusive Intellectual Property. You acknowledge and agree that you shall not acquire any rights, title or interest in or to any of our Intellectual Property rights.

 

16.2 Licence

You grant us a perpetual, worldwide, non-exclusive, irrevocable, sub-licensable, royalty-free licence to reproduce, use and exploit the Intellectual Property for the purpose of promoting or developing the Platform.

17. System requirements

We may make amendments to the Platform from time to time, which may affect the technical requirements for accessing and using the Platform. By Participating in the Platform, you acknowledge and agree:

(a) that services provided through the Platform:

    (i) have particular technical requirements (including software requirements);

    (ii) may not work or only work in a limited capacity:

            A. on your device or with your device’s software configuration;

            B. in areas of poor Internet coverage.

(b) that you are solely responsible for updating the Platform to any new version released by us, and for ensuring that your device and software configuration are capable and remain capable of running, accessing, or otherwise using the Platform; and

(c) that we are not liable for any loss or damage connected with your particular device or software configuration.

18. Website and service availability

18.1 Maintenance

We may perform maintenance services on the Platform from time to time. This may result in periods during which the Platform is unavailable (Down Time). We will take reasonable steps to ensure that the duration of any Down Time is limited, however, we will not be held liable for any loss or damage resulting from or connected to any period of Down Time.

 

18.2 Malicious software

We do not guarantee that any file or program available for download and/or execution from or via the Platform is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. By using the Platform, you assume all risk of use of all programs and files associated with the Platform, and you release us entirely of all responsibility for any consequences of its use.

19. Termination

(a) We may terminate your Account and your use of the Platform at any time with or without cause, and with or without notice. If your account is Terminated by us:

    (i) we shall not be liable to you or to any third party in connection with or resulting from that termination;

    (ii) if we Terminate this agreement because you breached these Terms and Conditions or any applicable law, you agree that any credit in your account or monies owed to you may set off against any damage or loss suffered by us.

20. Changes to these Terms and Conditions

We reserve the right to change the above terms of use by email notification to persons or organisations currently using the Platform. Such changes will become effective and binding after their posting on the RACV Home Trades & Services website and by continuing to use the Platform after a revision has been notified and posted, you agree to abide by them. You will be taken to have abided by the revised terms if you place a Work Order or accept a Work Order after the revision has been posted.

21. Jurisdiction

These Terms and Conditions and your dealings with us are governed by the laws of Victoria, Australia. You and we submit to exclusive jurisdiction of the courts of Victoria, Australia.

22. General

(a) The provisions of these Terms and Conditions are severable, and if any provision is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.

(b) Our rights under these Terms and Conditions may be assigned or novated by us to a third party without your consent. In the event of an assignment or novation, the User will remain bound by these Terms and Conditions.

(c) These Terms and Conditions set out the entire understanding and agreement between the User and us with respect to its subject matter.