Terms & Conditions
1. Introduction
1.1 These Terms and Conditions ("Terms") apply to all users of the Hardhat Tradie LTD platform, including but not limited to the website, web applications, mobile applications, APIs, and any associated services (the "Platform").
1.2 By accessing, registering, or using the Platform you agree to be bound by these Terms. If you do not agree, do not use the Platform.
1.3 Hardhat Tradie LTD ("we", "us", "our") operates solely as an online business-to-business SaaS marketplace linking tradespeople ("Providers") with businesses or organisations seeking such services ("Clients"). We are not a contractor, employer, principal, agent, or subcontractor of any party.
2. Nature of Service
2.1 The Platform provides software and marketplace services to enable Providers and Clients to identify, contact, negotiate, contract and transact with each other.
2.2 We do not employ, vet, guarantee, endorse, certify, supervise or control any Provider or Client. Any contract for the supply of goods or services is strictly between the contracting parties.
2.3 We are not responsible for the performance, quality, legality, safety or suitability of work undertaken by Providers.
3. User Eligibility & Account Requirements
3.1 You must be at least 18 years old and using the Platform in a business capacity.
3.2 You must provide accurate, complete and up-to-date information when registering and maintain and promptly update that information.
3.3 You are responsible for maintaining the confidentiality of account credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorised use.
3.4 We reserve the right to refuse registration, suspend, restrict or terminate accounts at our sole discretion, including for breach of these Terms or misuse of the Platform.
4. Fees & Payments
4.1 Use of the Platform may require payment of subscription fees, transaction fees, listing fees or other charges as displayed at the point of purchase.
4.2 All fees are non-refundable unless we expressly state otherwise in writing.
4.3 We may change fees, billing methods, available subscription plans or introduce new charges with reasonable notice. Continued use after a fee change constitutes acceptance.
4.4 Payments are processed via third-party payment processors. We are not responsible for any errors, delays, payment failures, or charges imposed by payment providers.
5. User Responsibilities and Prohibited Conduct
5.1 You must comply with all applicable laws, rules and regulations when using the Platform.
5.2 You must not:
- use the Platform for unlawful, fraudulent, harmful or deceptive purposes;
- impersonate any person or business or misrepresent your qualifications, experience, licences or insurance;
- interfere with, disrupt or circumvent Platform security, systems, servers, APIs or third-party services;
- transmit viruses, malware, ransomware, or any harmful code;
- attempt to gain unauthorised access to other accounts, data or systems;
- post false, misleading, defamatory, obscene, abusive or infringing content;
- harvest, scrape or export data from the Platform without our express written permission.
5.3 Breach of these rules may result in immediate suspension, termination and/or legal action.
6. Service Availability, No Warranty & No Guarantee of Results
6.1 The Platform is provided on an "as is" and "as available" basis. We expressly disclaim all warranties, conditions and guarantees to the fullest extent permitted by law.
6.2 We do not warrant that the Platform will be uninterrupted, error-free, secure, or free from defects, nor that any defects will be corrected.
6.3 We make no representation or warranty as to: the availability or suitability of Providers or Clients; the accuracy, completeness or reliability of user profiles, listings, communications or reviews; the legality, quality, workmanship, safety or fitness for purpose of any goods or services supplied by Providers.
6.4 You accept all risk associated with using the Platform and contracting with other users.
7. Limitation of Liability
7.1 To the maximum extent permitted by applicable law, Hardhat Tradie LTD excludes all liability for any loss, damage, claim, injury, cost or expense (including legal costs) arising out of or in connection with your use of, or inability to use, the Platform or any services provided by Providers.
7.2 This exclusion includes (without limitation) liability for:
- direct, indirect, incidental, special, punitive or consequential losses;
- loss of profits, business, revenue, contracts, anticipated savings, goodwill, data or business interruption;
- losses resulting from third-party acts, omissions, faults or failures; and
- claims arising from agreements between users.
7.3 Nothing in these Terms excludes or limits liability for death or personal injury resulting from our negligence where such exclusion is unlawful.
7.4 You agree to indemnify, defend and hold harmless Hardhat Tradie LTD and our officers, directors, employees, agents and affiliates from and against any and all claims, liabilities, damages, losses, costs and expenses (including legal fees) arising from or related to: (a) your breach of these Terms; (b) your use of the Platform; (c) any communication or transaction between you and any other user; or (d) any negligence, wilful misconduct or unlawful acts by you.
8. Dispute Resolution Between Users
8.1 Any disputes, claims or complaints between users (including disputes over workmanship, payment, scope, timescales, refunds, liability or contract terms) are solely for the parties concerned to resolve.
8.2 We are not obliged to mediate, adjudicate, investigate or resolve disputes and we accept no responsibility for outcomes of user-to-user disputes.
8.3 You agree not to bring claims against Hardhat Tradie LTD for disputes that arise solely between users.
9. Content, Reviews & Intellectual Property
9.1 All Platform content, software, design, text, graphics, logos, trade marks and other intellectual property rights in the Platform are owned or licensed by Hardhat Tradie LTD. All rights are reserved.
9.2 By submitting any content to the Platform (including business information, profile information, images, ratings and reviews), you grant Hardhat Tradie LTD a worldwide, perpetual, irrevocable, non-exclusive, royalty-free licence to use, reproduce, modify, publish, translate, distribute and display such content for the purposes of operating and promoting the Platform.
9.3 You warrant that you own or have the necessary rights to submit content and that such content does not infringe third-party rights.
9.4 We may remove or edit any user-generated content that breaches these Terms or that we reasonably consider inappropriate.
10. Data Protection & Privacy
10.1 We process personal data in accordance with our Privacy Policy and applicable data protection laws, including the UK GDPR and Data Protection Act 2018. Our Privacy Policy explains what data we collect, how we use it, disclosure and retention practices, and data subject rights.
10.2 Users are responsible for their own compliance with privacy and data protection laws in relation to data they collect or share in the course of using the Platform (for example, Client customer data supplied to Providers).
10.3 You must not upload or share personal data on the Platform that you do not have lawful authority to process.
11. Security, Cyber Incidents & Reporting
11.1 We implement commercially reasonable technical and organisational measures to protect the Platform and user data. However, no system is completely secure.
11.2 You must take reasonable steps to keep your account credentials secure and to protect devices used to access the Platform.
11.3 If you suspect any unauthorised access, data breach, fraud or cyber-attack affecting your use of the Platform, notify us immediately at the contact email below and take steps to secure your systems.
12. Termination of Service
12.1 We may suspend, restrict or terminate or otherwise limit your access to the Platform at any time, without liability and without prior notice, if you breach these Terms or where required for security, legal, operational or commercial reasons.
12.2 You may close your account at any time. Termination by either party does not affect rights or obligations that accrued prior to termination.
12.3 Termination will not entitle you to any refund of fees unless we expressly agree otherwise in writing.
13. Changes to These Terms
13.1 We may amend these Terms from time to time. Where required by law we will give reasonable notice of material changes. Continued use of the Platform after publication of updated Terms constitutes acceptance.
13.2 It is your responsibility to review these Terms periodically.
14. Force Majeure
14.1 Hardhat Tradie LTD will not be liable for any failure, delay, interruption or inability to perform its obligations under these Terms where such failure is caused, directly or indirectly, by events or circumstances beyond our reasonable control.
14.2 Examples of such events include, without limitation: acts of God, flood, fire, explosion, earthquake, storm or other extreme weather; war, invasion, acts of foreign enemies, hostilities, civil war, rebellion, revolution, terrorist acts, riot or civil commotion; epidemics, pandemics, public health emergencies or government-imposed measures; strikes, lock-outs, labour disputes or industrial action; interruption or failure of utility services, power outage, telecommunications, internet or hosting services; failure, interruption or degradation of third-party services, payment processors, APIs, cloud providers or infrastructure; cyber-attacks, hacking, ransomware, malware, denial-of-service attacks, data breaches, unauthorised access or other compromise of systems or data; or any other event beyond our reasonable control.
14.3 During a Force Majeure event our obligations under these Terms will be suspended for the duration of the event and will resume as soon as reasonably practicable thereafter.
14.4 We shall not be liable to any user for any loss, damage or expense arising directly or indirectly from a Force Majeure event, including but not limited to loss of business, loss of revenue, loss of opportunity, loss of data, indirect, special or consequential losses.
14.5 If a Force Majeure event continues for more than 60 consecutive days, either party may terminate their use of the Platform by giving written notice to the other party, without liability beyond obligations accrued prior to termination.
15. Third-Party Services and Links
15.1 The Platform may contain links to third-party websites, services, tools, or integrations. These are provided for convenience only. We do not control, endorse or assume responsibility for third-party content or services.
15.2 Your use of third-party services is at your own risk and subject to the third party's terms and policies.
16. Notices
16.1 Any notices under these Terms shall be given in writing and sent to the email address associated with your account or to our support email. Electronic notices are effective on the date sent.
17. Severability
17.1 If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal or unenforceable, the remaining provisions will remain in full force and effect. The invalid provision will be replaced by a valid provision that most closely matches the commercial intent of the invalid provision.
18. Entire Agreement
18.1 These Terms, together with any documents expressly referred to herein (including our Privacy Policy), constitute the entire agreement between you and Hardhat Tradie LTD relating to your use of the Platform and supersede all prior agreements and understandings.
19. Governing Law & Jurisdiction
19.1 These Terms are governed by and construed in accordance with the laws of England and Wales.
19.2 The courts of England and Wales have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms.