Terms & Conditions

Simonds Plus Pty Ltd
Effective as of: 18 June 2025

RECITALS

A. Simonds Plus Pty Ltd (hereinafter referred to as “Simonds Plus” or “the Company”) is a proprietary limited company duly incorporated and validly existing under the Corporations Act 2001 (Cth), with its registered office in Victoria, Australia.
B. Simonds Plus operates an online digital services platform (the “Platform”) that facilitates the publication of home service job opportunities by registered users (“Clients”) and provides registered home service providers (“Service Providers”) with the means to promote their services and respond to Client listings.
C. Simonds Plus also facilitates the promotion of commercial advertisements, discount programs, and giveaway campaigns (the “Promotions”), to which various end users (“Participants”) may subscribe, enter, or engage.
D. The Company is committed to transparency, consumer protection, and regulatory compliance in accordance with applicable Australian law and disclaims any and all connection or affiliation, whether in law or fact, with any other entity or registered trademark bearing the Simonds name.

NOW THEREFORE, in consideration of the mutual covenants, rights, and obligations set forth herein, the parties agree as follows:

1. DEFINITIONS AND INTERPRETATION

1.1 In these Terms and Conditions, unless the context otherwise requires:

“Advertising Subscription” means the paid monthly service offered to Service Providers for the purpose of receiving prioritised visibility, promotional listing, and featured access to job postings at the cost of seventy-nine Australian Dollars (AUD $79.00) per calendar month.

“Applicable Law” means any statute, regulation, ordinance, by-law, court decision, or common law principle in force in the Commonwealth of Australia or any of its states or territories that governs the subject matter of this Agreement.

“Business Day” means a day that is not a Saturday, Sunday, or public holiday in the State of Victoria.

“Client” means a registered user of the Platform who posts or seeks to engage a Service Provider for the provision of one or more home services.

“Force Majeure Event” means any act, event, or circumstance that is beyond the reasonable control of the affected party, including but not limited to war, pandemic, epidemic, civil unrest, terrorism, natural disaster, government restriction, labour strikes, cyberattacks, or communication failure.

“Giveaway” means any competition, lottery, promotion, or prize draw conducted by Simonds Plus and subject to its promotional terms and these Terms and Conditions.

“Participant” means a user of the Platform who enters or participates in any Giveaway or promotional campaign, whether or not such user is a Client or Service Provider.

“Platform” means the entirety of the online ecosystem operated by Simonds Plus, including the website (https://simondsplus.com.au), mobile applications, servers, interfaces, APIs, data feeds, content, and all associated services and intellectual property.

“Service Provider” means a registered tradesperson, contractor, sole trader, or business entity that offers home services via the Platform.

“Subscription Fee” means the amount payable by a Service Provider to Simonds Plus under an Advertising Subscription arrangement, billed monthly in advance.

“Terms” means these Terms and Conditions of Use as amended from time to time.

“User” means any individual or entity who accesses the Platform, regardless of registration status.

1.2 Unless the contrary intention appears, a reference to:
(a) A clause, schedule, or annexure is a reference to a clause, schedule, or annexure to these Terms;
(b) The singular includes the plural and vice versa;
(c) A reference to a person includes a natural person, corporation, trust, partnership, government agency, or unincorporated body;
(d) A reference to a party includes its successors and permitted assigns.

2. STATUS OF SIMONDS PLUS

2.1 Simonds Plus is and at all times shall remain a separate, independent, and privately operated commercial enterprise. It is not owned by, operated by, affiliated with, or endorsed by any other entity bearing the name “Simonds,” including but not limited to Simonds Homes Pty Ltd (ACN 004 282 752), its holding companies, subsidiaries, affiliates, or associated entities.

2.2 Simonds Plus expressly disclaims any suggestion, implication, or representation of commercial association, partnership, or common control with any such entity.

2.3 All legal, operational, financial, and consumer responsibilities arising under these Terms shall attach solely to Simonds Plus, and no other entity shall bear liability for any claim, debt, tort, breach, or statutory contravention arising in connection with the Platform or its Users.

3. NATURE OF PLATFORM SERVICES

3.1 The Platform functions solely as a digital marketplace and information conduit between Clients and Service Providers. The Company does not provide, broker, or supervise the performance of any service advertised, posted, or contracted through the Platform.

3.2 The Platform further facilitates the publication and delivery of advertising content, business offers, discounts, and promotional campaigns. All content is provided on a non-exclusive, non-guaranteed basis, subject to editorial oversight by Simonds Plus.

3.3 The Company does not warrant or represent that any listing, job, lead, promotion, or prize will be fulfilled, available, error-free, or suitable for a particular purpose, and all Users participate in such features at their own risk.

3.4 No contractual relationship of agency, partnership, joint venture, or employment shall arise between Simonds Plus and any User, Client, Service Provider, or Participant by virtue of their use of the Platform.

4. SUBSCRIPTION AND FEES

4.1 A Service Provider may subscribe to the Advertising Subscription upon agreeing to pay the Subscription Fee in advance of each calendar month.

4.2 Payment shall be made via credit card, debit card, or third-party payment facilitator, and the Service Provider hereby authorises Simonds Plus to debit such amounts on a recurring basis unless cancelled in accordance with Clause 4.6.

4.3 Simonds Plus reserves the right to amend the Subscription Fee upon thirty (30) days’ written notice to existing Subscribers. Such notice may be delivered via email or Platform notification.

4.4 All amounts are payable in Australian Dollars and are exclusive of Goods and Services Tax (GST), which shall be added to all taxable supplies in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

4.5 Subscription Fees are non-refundable, including in circumstances where the Service Provider receives no leads or inquiries, except where the Platform is unavailable for more than ten (10) consecutive Business Days due to fault attributable solely to Simonds Plus.

4.6 The Subscriber may cancel their Advertising Subscription by written notice to Simonds Plus no less than five (5) Business Days prior to the next billing cycle. Cancellations submitted after this period shall take effect from the subsequent month.

4.7 Simonds Plus may, at its sole discretion, suspend or terminate a Subscription without notice where the Subscriber is found to be in breach of these Terms, fails to make payment, or is subject to legal or regulatory sanction.

5. USER CONDUCT, WARRANTIES, AND REPRESENTATIONS

5.1 Each User hereby acknowledges, agrees, and warrants that their access to and use of the Platform shall be lawful, honest, and in full compliance with these Terms and all Applicable Laws, regulations, and codes of practice.

5.2 Without limiting the generality of Clause 5.1, Users must not:
(a) Engage in fraudulent, misleading, deceptive, or unlawful conduct;
(b) Misrepresent their identity, experience, qualifications, or legal authority to act;
(c) Transmit any content or data that is defamatory, obscene, threatening, harassing, infringing, or otherwise in violation of another’s rights;
(d) Use the Platform to distribute unsolicited commercial messages or “spam”;
(e) Interfere with or attempt to interfere with the functioning, security, or integrity of the Platform by any technological or manual means, including but not limited to hacking, denial-of-service attacks, or unauthorised API access;
(f) Harvest or collect data about other Users, including for purposes of unsolicited contact;
(g) Use another User’s credentials or impersonate any individual or entity.

5.3 The User warrants that all information provided to Simonds Plus, whether during account registration, job posting, subscription, or promotional entry, is true, accurate, complete, and not misleading, and agrees to immediately update such information in the event of change or error.

5.4 Users acknowledge that their use of the Platform is undertaken at their sole risk and discretion and that Simonds Plus makes no warranty, representation, or guarantee regarding the outcome, reliability, or fitness for purpose of the Platform or any third-party services, jobs, or promotions.

6. CLIENT AND SERVICE PROVIDER TRANSACTIONS

6.1 Simonds Plus shall not be construed as a contracting party in any engagement, quote acceptance, service agreement, or payment arrangement made directly between a Client and a Service Provider, whether initiated through the Platform or otherwise.

6.2 Each Client and Service Provider acknowledges and agrees that:
(a) Simonds Plus does not endorse, vet, guarantee, or validate the credentials, licensing, insurance, competence, performance, or conduct of any other User;
(b) All contractual or commercial engagements are entered into independently and at the User’s sole discretion;
(c) Simonds Plus bears no responsibility for disputes, defects, losses, damages, costs, or liabilities arising out of or in connection with any engagement, whether completed or incomplete, successful or unsuccessful;
(d) Simonds Plus shall not be liable to enforce or mediate any dispute between a Client and Service Provider unless explicitly required under a binding order of a court of competent jurisdiction.

6.3 Clients agree that the Platform may include Service Providers who have paid for preferential advertising, visibility, or listing position, and that such placement does not constitute a recommendation, guarantee, or endorsement of the Provider’s qualifications or services.

6.4 Service Providers must ensure that they:
(a) Hold all required business registrations, trade licenses, occupational permits, and insurance policies prior to accepting or performing any job;
(b) Do not perform or offer regulated services (such as plumbing, electrical, or asbestos removal) without holding the appropriate license and insurance under state or territory law;
(c) Promptly disclose to Clients the scope of their services, costs, terms, risks, and relevant policies (e.g., cancellation or refunds);
(d) Honour any written quote, price, or schedule communicated to a Client unless modified by mutual agreement in writing.

7. DISPUTE RESOLUTION

7.1 In the event of a dispute arising between Users in connection with a job, transaction, promotional entry, or use of the Platform, the Users shall in the first instance attempt to resolve the dispute amicably and in good faith through direct communication.

7.2 Where a dispute remains unresolved for a period exceeding ten (10) Business Days, either party may request Simonds Plus to facilitate a non-binding mediation process, which may include written submissions and telephonic or email-based assistance. Simonds Plus shall not be obligated to offer mediation and shall bear no liability for the outcome.

7.3 If the dispute is not resolved via informal negotiation or Simonds Plus’ facilitation process, then any party to the dispute may initiate binding arbitration in accordance with the following procedure:
(a) The dispute shall be finally resolved by arbitration conducted under the ACICA Arbitration Rules (as updated from time to time), which are deemed incorporated by reference into these Terms;
(b) The seat of arbitration shall be Melbourne, Victoria;
(c) The language of arbitration shall be English;
(d) The tribunal shall consist of a sole arbitrator jointly appointed by the parties or, failing agreement within ten (10) days, appointed by ACICA;
(e) The decision of the arbitrator shall be final, binding, and enforceable in any court having jurisdiction over the parties.

7.4 Each party shall bear its own legal, professional, and administrative costs of the arbitration, unless the arbitrator determines otherwise in the final award.

7.5 Notwithstanding Clause 7.3, Simonds Plus reserves the right to seek urgent injunctive or equitable relief before the courts of Victoria in circumstances where such relief is necessary to prevent irreparable harm or protect confidential or proprietary information.

7.6 Class actions, representative claims, or consolidated proceedings are strictly prohibited. Each dispute must be arbitrated or litigated on an individual basis.

8. INDEMNITY

8.1 To the fullest extent permitted by law, the User hereby agrees to indemnify, hold harmless, and defend Simonds Plus, its officers, directors, employees, contractors, affiliates, successors, and assigns from and against any and all claims, demands, actions, liabilities, losses, damages, costs, or expenses (including legal fees and court costs) arising out of or in connection with:
(a) Any breach of these Terms by the User;
(b) Any claim or proceeding brought against Simonds Plus by a third party due to the User’s acts or omissions;
(c) Any use of the Platform in violation of Applicable Law or third-party rights;
(d) Any job, quote, communication, or service performed, offered, or omitted by the User.

8.2 The indemnity under Clause 8.1 shall survive the termination of this Agreement and shall apply regardless of whether legal proceedings are commenced or threatened.

8.3 This indemnity is independent of any other rights Simonds Plus may have under contract, equity, or statute and shall not be construed to limit such rights.

9. LIMITATION OF LIABILITY

9.1 Except to the extent that liability cannot by law be excluded, Simonds Plus, its related bodies corporate, officers, employees, contractors, and agents shall not be liable for any:
(a) Indirect, incidental, punitive, exemplary, special, or consequential loss or damage;
(b) Loss of profits, business, goodwill, reputation, anticipated savings, data, opportunity, or income;
(c) Claims arising from the acts or omissions of third-party service providers, Users, or platform outages;
(d) Damages resulting from any malware, data breach, cyberattack, or security failure not directly caused by Simonds Plus’ wilful misconduct.

9.2 To the extent that liability cannot be excluded, the aggregate liability of Simonds Plus to the User (whether in contract, tort, equity, statute, or otherwise) shall be limited to:
(a) AUD $100; or
(b) The total amount paid by the User to Simonds Plus in the preceding twelve (12) months,
whichever is greater.

9.3 The User acknowledges that the Platform is offered “as is” and “as available,” and Simonds Plus makes no express or implied warranties regarding availability, continuity, merchantability, fitness for purpose, or non-infringement.

10. PRIVACY, DATA COLLECTION, AND ELECTRONIC COMMUNICATION

10.1 Simonds Plus is committed to complying with the Privacy Act 1988 (Cth), the Australian Privacy Principles (APPs), and all applicable laws concerning the collection, storage, use, and disclosure of personal information.

10.2 By using the Platform, the User consents to the collection, use, and storage of their personal information (including, without limitation, name, email address, physical address, phone number, business credentials, payment details, and IP address) in accordance with the Simonds Plus Privacy Policy, as amended from time to time.

10.3 Simonds Plus may collect personal information from Users for purposes including, but not limited to:
(a) Verifying identity and credentials;
(b) Facilitating the provision of services between Clients and Service Providers;
(c) Administering subscriptions, payments, and billing functions;
(d) Conducting fraud detection, risk management, or due diligence;
(e) Delivering email, SMS, or in-app communications, updates, and marketing material;
(f) Enforcing these Terms and Conditions or resolving disputes;
(g) Complying with legal obligations or regulatory investigations.

10.4 Users acknowledge and agree that Simonds Plus may disclose their personal information to:
(a) Third-party service providers engaged to operate or maintain the Platform, including payment processors, hosting providers, and identity verification services;
(b) Government regulators, law enforcement agencies, or authorised public authorities as required under law or court order;
(c) Parties involved in any merger, acquisition, reorganisation, or sale of Simonds Plus or its assets, subject to confidentiality obligations.

10.5 Simonds Plus shall take reasonable steps to protect User data from unauthorised access, misuse, loss, or disclosure. However, Users acknowledge that no system is completely secure and Simonds Plus disclaims all liability for unauthorised access resulting from events beyond its control, including but not limited to cyberattacks, phishing, password breaches, or user negligence.

10.6 Users may request access to, or correction of, their personal information held by Simonds Plus by submitting a written request to privacy@simondsplus.com.au. The Company shall comply within a reasonable period unless otherwise exempted by law.

10.7 Users agree to receive electronic communications from Simonds Plus for operational and promotional purposes. Users may opt out of promotional marketing at any time using the unsubscribe function provided.

11. INTELLECTUAL PROPERTY RIGHTS

11.1 All intellectual property rights, including but not limited to copyright, trademarks, trade names, designs, logos, domain names, source code, software, algorithms, content, data compilations, and trade secrets, subsisting in or arising from the Platform are and shall remain the exclusive property of Simonds Plus or its licensors.

11.2 Nothing in this Agreement shall be construed as transferring or assigning any ownership rights in the Platform or its content to any User. Simonds Plus grants Users a limited, revocable, non-exclusive, non-transferable, and non-sublicensable licence to access and use the Platform solely for the purposes contemplated by this Agreement.

11.3 Users must not, without the prior written consent of Simonds Plus:
(a) Reproduce, modify, reverse-engineer, decompile, disassemble, or create derivative works from any part of the Platform;
(b) Use any automated data mining tools, bots, or web crawlers to harvest or extract data from the Platform;
(c) Frame, mirror, or embed the Platform or any part of it on another website;
(d) Use any Simonds Plus branding, logos, trade names, or domain names in a way that may cause confusion or suggest affiliation.

11.4 By uploading, submitting, or posting any content to the Platform (including business logos, job listings, photographs, feedback, or reviews), the User grants Simonds Plus a royalty-free, perpetual, irrevocable, worldwide licence to use, reproduce, publish, adapt, and display such content for the purpose of operating and marketing the Platform.

11.5 The User warrants that all content uploaded or submitted to the Platform does not infringe any third-party intellectual property rights and indemnifies Simonds Plus against all liabilities, costs, and expenses arising out of any breach of this warranty.

12. TERMINATION AND ACCOUNT SUSPENSION

12.1 Simonds Plus may, in its sole discretion and without liability to the User, suspend, restrict, or terminate access to the Platform or any part thereof at any time, with or without notice, including but not limited to the following circumstances:
(a) Breach or suspected breach of these Terms or Applicable Law;
(b) Use of the Platform for unlawful, harmful, or abusive purposes;
(c) Repeated complaints by other Users, Clients, or third parties;
(d) Non-payment of Subscription Fees or unauthorised payment activity;
(e) Fraudulent, dishonest, or misleading behaviour by the User;
(f) As required by law, regulation, or government authority.

12.2 The User may terminate their account at any time by providing written notice to Simonds Plus or by using the Platform’s cancellation function (where available).

12.3 Upon termination:
(a) The User’s right to access and use the Platform shall immediately cease;
(b) Any rights or obligations accrued prior to termination shall survive;
(c) Subscription Fees already paid shall be forfeited and non-refundable;
(d) Simonds Plus may, at its discretion, retain or delete any data or content associated with the terminated account, except where retention is required by law.

13. ASSIGNMENT

13.1 Users may not assign, transfer, delegate, novate, or otherwise dispose of any rights or obligations under these Terms without the prior written consent of Simonds Plus. Any purported assignment without such consent shall be null and void.

13.2 Simonds Plus may assign, transfer, or novate its rights and obligations under this Agreement in connection with a merger, acquisition, corporate restructure, or sale of assets without the consent of the User.

14. GOVERNING LAW AND JURISDICTION

14.1 These Terms and all matters arising from or in connection with them shall be governed by and construed in accordance with the laws of the State of Victoria and the laws of the Commonwealth of Australia.

14.2 Subject to the arbitration provisions set out in Clause 7, the parties irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia, and any courts of appeal therefrom.

14.3 The parties waive any objection based on venue, forum non conveniens, or lack of personal jurisdiction.

15. NOTICES

15.1 All notices, demands, or formal correspondence required under this Agreement must be:
(a) Delivered in writing;
(b) Sent by email to legal@simondsplus.com.au or to the User’s nominated contact email address;
(c) Sent by post to the registered address of Simonds Plus Pty Ltd, Level 1, 168 Cremorne Street, Richmond, VIC 3121, Australia.

15.2 Notices shall be deemed given:
(a) In the case of email, when transmission is complete and no bounce or error message is received;
(b) In the case of post, five (5) Business Days after the date of mailing within Australia.

16. MISCELLANEOUS

16.1 Entire Agreement: These Terms constitute the entire agreement between Simonds Plus and the User in relation to the subject matter herein and supersede all prior or contemporaneous agreements, representations, warranties, and understandings.

16.2 Amendments: Simonds Plus reserves the right to amend, modify, or update these Terms at any time in its sole discretion by publishing the revised version on the Platform. The revised Terms shall take effect upon publication unless otherwise specified. Continued use of the Platform constitutes acceptance of the revised Terms.

16.3 Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or tribunal of competent jurisdiction, such provision shall be severed, and the remaining provisions shall continue in full force and effect.

16.4 Waiver: A failure or delay by Simonds Plus to exercise or enforce any right, power, or provision of these Terms shall not constitute a waiver of such right or provision.

16.5 Survival: Clauses relating to indemnity, limitation of liability, intellectual property, dispute resolution, governing law, and any other provisions which by their nature are intended to survive termination shall survive the termination or expiry of these Terms.

EXECUTED AND ENFORCEABLE
By accessing, browsing, using, registering, or subscribing to the Platform, the User acknowledges and agrees to be legally bound by these Terms and Conditions.

Issued By:
Legal Department, Simonds Plus Pty Ltd
legal@simondsplus.com.au
Level 1, 168 Cremorne Street, Richmond VIC 3121, Australia