This website pestcontrolheroes.com.au and its related services, products, websites, platforms and applications (“Website”) is owned and operated by CoPilot Group Pty Ltd ACN 624 568 538 as trustee for the Finnegan Family Trust ABN 85131264977 (“Pest Control Heroes”).
- Definitions & Interpretation
- ACL: means the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)).
- Applicable Laws: any applicable laws (including orders, by-laws and regulations) in the jurisdiction in which you, and any User you are interacting with are located or which in any way govern or affect the use of the Services, including the laws of the State.
- Content: includes any material, text, pictures, sound, graphics, video and other data whether in written form or otherwise uploaded to or stored on the Website by you, transmitted by the Website at your instigation, or supplied by you to us for uploading to, transmission by or storage on the Website.
- Intellectual Property: means without limitation our copyright, trademarks, know-how, processes and concepts, including any content that we develop or publish, the look and feel of the Website, the Website itself and any other website or platform developed by Pest Control Heroes and the source code for those systems and all intellectual property rights related to such, whether registered or unregistered and whether developed before or after the date of these Terms of Service.
- Loss: any loss, liability, cost (including legal costs on a solicitor and own client basis), charge, expense, tax or damage of any nature whatsoever, including lost profits, loss of goodwill, loss of business, loss of production and any other special, incidental, exemplary, compensatory or consequential damages, losses or expenses (howsoever arising or caused, including, without limitation, negligence).
- our, us and we: Pest Control Heroes.
- Pest Controller: any pest controller who we connect you with through the Website.
- Plumbing Services: any pest control services provided by a Pest Controller from time to time.
- Related Parties: our related entities and related bodies corporate (as those terms are defined in the Corporations Act 2001 (Cth), our officers, directors, agents, and employees.
- Services: any services that we provide to you, including the Website.
- State: Victoria, Australia.
- User: any person who uses the Website to search for and connect with Pest Controllers.
- you and your: a User.
- a reference to a person includes any other legal entity and vice versa;
- words importing the singular number include the plural number and vice versa;
- a reference to a party includes the party’s heirs, executors, successors and permitted assigns;
- headings are for reference purposes only;
- where any word or phrase is given a defined meaning any other part of speech or other grammatical form concerning the word or phrase has a corresponding meaning;
- references to writing include any mode of representing or reproducing words in tangible and permanently visible form, and includes e-mail;
- unless otherwise stated, a reference to a monetary amount is a reference to an Australian dollar currency amount; and
- an obligation of two or more parties binds them jointly and each of them severally.
- Using The Website
2.1 The Website is an online directory that enables Users to connect, communicate with and discover Pest Controllers and their Plumbing Services. The Website’s purpose is to ultimately connect Users with Pest Controllers and give them the ability to arrange Plumbing Services. Pest Controllers are unrelated and not employed by us.
2.2 Although we provide the Website as an online directory, we are not the supplier of any Plumbing Services. The actual contract for the supply of Plumbing Services is directly between a User and the Pest Controller and the User and the Pest Controller are solely responsible for fulfilment of their obligations under that contract. We merely provide a Service that connects Users with Pest Controllers.
2.3 Our Services are available only to, and may only be used by, persons who can form legally binding contracts under Applicable Laws. If you do not qualify, please do not use our Services.
2.4 Subject to you complying with these terms, we will provide our Services to you as set out in these Terms of Service.
- Submitting a request for a pest controller
3.1 To submit a request for a Pest Controller, simply visit the Website, fill in the contact form and follow the prompts on the Website.
3.2 Users should make their own enquiries and due diligence as to any Pest Controller and Plumbing Services that we connect you with from your submission on the Website. It is the User’s sole responsibility to choose the correct Pest Controller for their needs.
- Pest Controllers and Plumbing Services
4.1 Pest Controllers are a third party unrelated to us. Plumbing Services are completely controlled by the Pest Controller and not us.
4.2 You acknowledge that any arrangement or communication entered into with a Pest Controller is solely at your own risk. We have no control, influence or involvement in such arrangements. Our responsibilities are limited to facilitating the availability of the Services.
4.4 Although we may do some general checks on the Pest Controllers such as an online ratings review, we do not guarantee or make any representation that any information provided about or by a Pest Controller is correct or that they are appropriately qualified. We give no warranty as to the suitability of the Pest Controller. The User must satisfy itself as to the suitability of the Pest Controller, and it is the User’s sole responsibility to research and review the Pest Controller’s information and ensure that the Plumbing Services are appropriate for them.
4.5 We do not supply, provide, manage or control any Pest Controllers that we may connect you with through the Website or any Plumbing Services and are not responsible for their advertising or otherwise. The relevant Pest Controller is solely responsible for the supply of the Plumbing Services to you. We have no control over, and do not ensure, guarantee or provide any warranty or indemnity in respect of the quality, fitness for purpose, legality, accuracy, completeness or otherwise of:
- any Plumbing Services (including without limitation that such Plumbing Services will be suitable to your specific requirements or any advice or information provided by a Pest Controller and the quality or suitability of any Plumbing Services);
- any representations made or information provided by Pest Controllers (including without limitation any qualifications or knowledge that a Pest Controller may share); or
- the ability of Pest Controllers to undertake their respective obligations.
4.6 Because of the foregoing, in the event that you have a dispute with one or more Pest Controllers, you release and hold us (and our Related Parties) harmless from actions, claims, demands and Losses of every kind arising out of or in any way connected with such disputes.
We have no liability or obligation to you if a Pest Controller cancels Plumbing Services any time after an agreement is made or if the Plumbing Services are faulty or non-compliant with any details contained on the Website, these Terms of Service or any other terms or any Applicable Laws. If you have rights to a refund or other remedy in respect of Plumbing Services under Applicable Laws, then your rights are against the relevant Pest Controller and not us.
- Access and Termination
6.1 We reserve the right, at any time and without prior notice to remove or disable:
- access to this Website or any part of it for any reason; and
- any User that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms of Service or otherwise harmful to the Website or the interests of other Users,
and we will not be liable to you for any Loss that you incur in the event that we do this.
6.2 The termination of your access to the Website is without prejudice to the rights, liabilities and obligations of the parties that arose prior to the termination unless otherwise agreed by us.
7 Intellectual Property Rights
7.1 You acknowledge and agree that:
- you will not copy, reproduce, alter, modify, create derivative works, or publicly display (other than on the Website in accordance with your licence) any Pest Control Heroes Intellectual Property except with the prior written permission of Pest Control Heroes or the appropriate third party authorised to grant such permission and when doing so you must adequately acknowledge us and, in the case of websites, include a link from your website to our Website;
- any works, items, materials or information of whatever nature produced or developed or discovered in connection with the Website shall remain the sole and exclusive property of Pest Control Heroes, whether such property is tangible or is in the nature of industrial and intellectual property rights (including copyright and rights of confidential information) and you will promptly sign all documents and do all things necessary to register, vest or transfer any interest or ownership in such additional or further property to Pest Control Heroes;
- you grant to us a worldwide, perpetual, irrevocable, full paid-up, transferable, sublicensable, non-exclusive licence to use, reproduce, commercialise, modify, adapt and communicate any Content in order to provide our Services and to otherwise advertise and market our business and for incidental services;
- you warrant that any Content you provide us or otherwise transmit through the Website with will not infringe any intellectual property rights of any third party nor give rise to any liability to make royalty or other payments to any third party;
- we are not liable or responsible for any loss that you may experience in submitting Content to us or for our use of your Content in accordance with the licence granted; and
- you must not falsely express or imply a relationship between you and us.
7.3 Pest Control Heroes may in its sole and absolute discretion refuse or remove any Content from the Website.
8.1 You acknowledge and agree that your use of this Website and the Services is at your own risk. We provide our Services on an “as-is” basis and make no representations about the suitability, reliability, availability, timeliness, and accuracy of anything contained in this Website (including Plumbing Services and anything relating to Pest Controllers). Subject to the other terms of this clause and to the maximum extent permitted by Applicable Laws, anything contained in this Website is without warranty of any kind and we expressly exclude such warranties.
8.2 You acknowledge and agree that:
- Pest Control Heroes cannot and does not confirm nor warrant or guarantee each Pest Controller’s purported identity, biography or location. We encourage you to vet Pest Controllers to your satisfaction;
- no information provided by us constitutes legal or financial advice, particularly in respect of your obligations to comply with any Applicable Laws;
- although we provide tools to assist you get connected with a Pest Controller, any decision you make and any consequences that flow from that decision are your sole responsibility;
- nothing on the Website is a promise or guarantee of results. We cannot and do not make any guarantees that the Website will achieve any results for you;
- any testimonials and examples within any marketing materials are not to be taken as a guarantee that you will achieve the same or similar results;
- we do not guarantee that the Website will be error-free or uninterrupted, or that your use of the Website will provide any specific results;
- we do not guarantee the quality, suitability, reliability, accuracy and usefulness of any Pest Controller and their Plumbing Services;
- we do not represent or warrant that your use of the Services will meet your particular requirements, whether those requirements are disclosed to us or not.
- Limitation of Liability
9.1 Subject to the other terms of this clause, we exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Services that are not expressly set out in these Terms of Service to the maximum extent permitted by law.
9.2 Without limitation to clause 9.1, we will not be liable for any Loss to you or any other person, due to or arising directly or indirectly from:
- your use or inability to use this Website in any way;
- your reliance on the Website;
- any Plumbing Services;
- any act, omission or default, whether negligent or otherwise of any Pest Controller or third party;
- any Loss occasioned by any Pest Controller or third party;
- any Content; or
- any action taken on your account.
9.3 Subject to the other terms of this clause, our maximum aggregate liability to you for any Loss or damage or injury arising out of or in connection with these Terms of Service, including any breach by us of these Terms of Service, however arising, in contract, in tort (including negligence), under any statute, custom, law or on any other basis is limited to the actual amounts paid by you under these Terms of Service to us in the 1-month period preceding the matter or event giving rise to the claim (if any).
9.4 We exclude any liability to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with the Services.
9.5 Nothing in these Terms of Service is intended to have the effect of excluding, restricting or modifying the application of all or any of the provisions of Part 5-4 of the ACL, or the exercise of a right conferred by such a provision, or any liability of ours in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of goods or services.
9.6 If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL that cannot be excluded, our total liability to you for that failure is limited to, at our option the resupply of the services or the payment of the cost of resupply.
9.7 Where you are or may be entitled to recover from a third party (such as an insurer) any sum in respect of any matter or event that could give rise to a claim under these Terms of Service, you must:
- use your best endeavours to recover that sum before making the claim;
- keep us informed of the conduct of such recovery; and
- reduce the amount of the claim to the extent that sums are recovered.
9.8 This limitation of liability applies to the fullest extent permitted by law and shall survive any termination or expiration of these Terms of Service or your use of our Services.
- 10.1You agree to indemnify and hold us and our Related Parties, harmless from and against any actions, claims, demands, proceedings, Losses of every kind and claims made by third parties, due to or arising out of:
- your use or inability to use this Website in any way;
- any Plumbing Services agreed to by you;
- any Pest Controller’s breach or negligent performance or failure or delay to provide any Plumbing Services or perform their obligations under a relevant arrangement;
- your disputes with Pest Controllers;
- any Loss, damage or claim made against us by a third party:
- for actual or alleged infringement of a third party’s intellectual property rights arising out of the supply or use of the Website by you;
- for death, personal injury, illness or damage to property resulting from Plumbing Services purchased by you; or
- to the extent that the claim results from the breach, negligent performance or failure or delay in performance of these Terms of Service by you;
- any breach of any of these Terms of Service or any act or omission by you; or
- any action taken on your Account.
- 10.2 Any amounts payable under this indemnity must be paid to us immediately on demand without set-off or counter claim.
- 10.3 If a payment due under this clause is subject to tax (whether by way of direct assessment or withholding at its source), we will be entitled to receive from you such amounts as will ensure that the net receipt, after tax, to us in respect of the payment is the same as it would have been were the payment not subject to tax.
- 10.4 Except where expressly stated to the contrary in these Terms of Service, the rights of a party under this clause are in addition to any other rights available to that party whether those rights are provided for under these Terms of Service or by law.
- 10.5 It is not necessary for us to incur expense or make payment before enforcing a right of indemnity under this clause.
- 10.6 The indemnities in this clause:
- are continuing obligations on you, independent from your other obligations under these Terms of Service and survive termination or expiry of these Terms of Service; and
- are absolute and unconditional and unaffected by anything which otherwise might have the effect of prejudicing, releasing, discharging or affecting your liability.
12.1 Users may be given an opportunity to review Pest Controllers on the Website.
12.2 Reviews must be honest and accurate, and not contain unlawful or objectionable content, including but not limited to, reviews containing defamatory, libellous, abusive offensive or obscene language.
12.3 We reserve the right not to publish reviews, to amend content of reviews at any time and to remove reviews from the Website without notice in our discretion.
12.4 We are in no way responsible or liable for the information that is contained in any reviews published and do not make any representation or warranty as to the accuracy or reliability of any information or content that is published in the review. We are under no obligation to remove any review published by or about you, and you agree that we are not liable under any laws (including defamation and misleading and deceptive conduct) simply through the publication of reviews on the Website.
- General provisions
13.1 No Waiver
No party may rely on the words or conduct of any other party as being a waiver of any right, power or remedy arising under or in connection with these Terms of Service unless the other party or parties expressly grant a waiver of the right, power or remedy. Any waiver must be in writing, signed by the party granting the waiver and is only effective to the extent set out in that waiver.
13.2 Assignment, Novation and Other Dealings
- Any rights of Pest Control Heroes that arise out of or under these Terms of Service are assignable and capable of novation by that party in its discretion and without notice or your prior written consent.
- Any rights of any User that arise out of or under these Terms of Service are not assignable or capable of novation by the User without the prior written consent of Pest Control Heroes.
- If the whole or any part of a provision of these Terms of Service is or becomes invalid or unenforceable under the law of any jurisdiction, it is severed in that jurisdiction to the extent that it is invalid or unenforceable and whether it is in severable terms or not.
- Clause 13.3(a) does not apply if the severance of a provision of these Terms of Service in accordance with that clause would materially affect or alter the nature or effect of the parties’ obligations under these Terms of Service as determined by Pest Control Heroes.
13.4 No Merger
On completion or termination of these Terms of Service, the rights and obligations of the parties set out in these Terms of Service will not merge and any provision that has not been fulfilled remains in force.
Any clause which by its nature is intended to survive termination or expiry of these Terms of Service will survive such termination or expiry.
13.6 Further Action
Each party must do all things (including completing and signing all documents) reasonably requested by the other party that are necessary to give full effect to these Terms of Service and the transactions contemplated by these Terms of Service.
13.7 Time of the Essence
Time is of the essence in these Terms of Service in respect of any date or time period and any obligation to pay money.
13.8 Relationship of the Parties
- Nothing in these Terms of Service gives a party authority to bind any other party in any way.
- Nothing in these Terms of Service imposes any fiduciary duties on a party in relation to any other party.
13.9 Remedies Cumulative
Except as provided in these Terms of Service and permitted by law, the rights, powers and remedies provided in these Terms of Service are cumulative with and not exclusive to the rights, powers or remedies provided by law independently of these Terms of Service.
13.10 Entire Agreement
These Terms of Service states all the express terms agreed by the parties about its subject matter. It supersedes all prior agreements, understandings, negotiations and discussions in respect of its subject matter.
13.11 No Reliance
No party has relied on any statement, representation, assurance or warranty made or given by any other party, except as expressly set out in these Terms of Service.
13.12 Governing Law and Jurisdiction
- These Terms of Service are governed by the law in force in the State.
- Each party irrevocably submits to the exclusive jurisdiction of courts exercising jurisdiction in the State and courts of appeal from them in respect of any proceedings arising out of or in connection with these Terms of Service.
- Each party irrevocably waives any right it has to object to the venue of any legal process in the courts described in clause 13.12(a) on the basis that:
- any proceeding arising out of or in connection with these Terms of Service has been brought in an inconvenient forum; or
- the courts described in clause 13.12(a) do not have jurisdiction.