Terms and Conditions

Please read these Terms and Conditions of Use carefully before using the CRETEMATE app.

CreteMate App – Information

CreteMate ('the App') is the first-of-its-kind platform dedicated to the concrete industry. It connects construction companies with subcontractors across multiple trades, including:

Concreters
Steel Fixers
Formworkers
Pump Operators & Offsiders
Tipper Drivers
Excavator Operators

The App enables users to:

Create detailed profiles with ABN, rates, and experience
Receive and provide star ratings and written reviews (with photo uploads).
Use the in-app chat to coordinate job details
Access job location details once hired

Terms and Conditions of Use

All aspects, components, intellectual property (including but not limited to copyright and trade marks) and data, app content and user-generated content, designs, text, graphics, images, information, software, audio and other files and their arrangement ('Content'), embodied in, available through, or used in the CreteMate App ('the App') are proprietary to, or licensed to, CreteMate Pty Ltd ('the Provider'). The Provider does not grant or provide you with the right or license to reproduce or otherwise use, modify copy, distribute, frame, reproduce, republish, download, display, post, transmit, or sell in any form or by any means, in whole or in part, any Content, other than as expressly permitted in these Terms. Through the App, the Provider offers, in good faith, a platform to facilitate you connecting with people who may provide, or may require, services, including concreters, steel fixers, formworkers, pump operators and offsiders, tipper drivers, excavator operators and the like ('Services'). You acknowledge that you are bound by these Terms and Conditions of Use ('Terms'), from when you first use the App. By using the App, you hereby assign to the Provider any and all rights, title, and interest, including any intellectual property rights or proprietary rights, in the content generated by you. All rights of the Provider or its licensors that are not expressly granted in these Terms are reserved to the Provider and its licensors.

The Provider grants you, the user, a limited, non-transferable, non-exclusive licence to download, install and use one copy of the App for personal, non-commercial purposes in object code form only on an interactive wireless device that you own or control. You may not derive or attempt to derive the source code of all or any portion of the App, or permit any third party to so do. The Provider and its licensors own and shall retain all intellectual property rights and other rights in and to the App, and any changes, modifications, or corrections thereto.

User Registration and Account

In connection with registering for and using the Services, you agree (i) to provide accurate, current and complete information about you and/or your organization as requested by the Provider; (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update any registration information you provide, to keep such information accurate, current and complete; and (iv) to be fully responsible for all use of your account and for any actions that take place through your account.

User Representations and Warranties

You represent and warrant to the Provider that your access to the App and use of the Services will be in accordance with these Terms and with all applicable laws, rules, and regulations of the State of Victoria, and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information. You further represent and warrant that you have created or own any material or content you submit via the App and that you have the right, as applicable, to use that material and to grant the permissions referenced in these Terms.

Content License

As a condition of submitting any ratings, reviews, information, data, text, photographs, audio clips, audiovisual works, or other materials on the App, you hereby grant to the Provider a fully paid, royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, and create derivative works from that content and to incorporate it into other works, and sublicense the content through multiple tiers. You acknowledge that this licence cannot be terminated by you once your your content is submitted to the App. You represent that you own or have secured all legal rights necessary for content submitted by you to be used by you, the Provider, and others as described and otherwise contemplated in these Terms. You understand that other users will have access to your content and that neither they nor the Provider have any obligation to you or anyone else to maintain the confidentiality of it.

Third-Party Links and Advertising

The App may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by the Provider. The Provider does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website, service, or content from the App, you understand that these Terms and our Privacy Policy do not apply to your use of such sites. You expressly acknowledge and agree that the Provider shall not be responsible or liable, directly or indirectly, for any damage or loss arising from your use of any third-party website, service, or content.

The App may include advertisements, which may be targeted to the Content or information on the App, or other information. The types and extent of advertising are subject to change. In consideration for the Provider granting you access to and use of the App, you agree that the Provider and its third-party providers and partners may place such advertising in connection with the display of content or information submitted by you or others.

Limitation of Liability

To the maximum extent permitted by law, the Provider does not give any guarantee, warranty, condition or representation in relation to the App or Services, and you agree that by using the App, you are bound by these Terms, and agree and acknowledge that the Provider will not be liable for, and you indemnify it and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, in relation to any direct, indirect, special or consequential losses, or other losses of whatsoever nature or however such loss may arise, and by whomever it may be sustained, including any loss of profit, loss of opportunity, or economic or financial loss in relation to your use of the App, any Services, including, to avoid any doubt, in relation to the performance, conduct, competence, suitability or longevity of any person or contractor or potential contractor, or any principal, entity or body, as the case may be, made known to you or with whom you connect, or deal with, through the App. You are responsible for all decisions relating to hire, and any obligations you assume as a counterparty to any arrangement or legal relations you enter into with any person or entity in connection with your use of the App.

User Acknowledgments

You acknowledge and agree that:

(a)transactions are handled directly between users of the App, not through the Provider;
(b)a review/appeal feature will address inappropriate or unfair reviews and images;
(c)systems will be in place to prevent misuse of the rating and review process;
(d)you will not misuse the Service, infringe copyright or any other intellectual property rights of the Provider, or introduce malicious code, nor upload, display or otherwise provide Content that is libelous, defamatory, abusive, threatening, harassing, hateful, offensive, or otherwise violates any law or infringes upon any of the rights of any third party (including intellectual property, privacy, publicity, or other personal or proprietary rights); or which in the Provider's sole judgment, is objectionable, restricts or inhibits any other person from using the App, or may expose the Provider or the users of the App to any harm or liability of any kind;
(e)the Provider will not be liable in any way in respect of any disputes or liabilities arising from reviews, ratings, or job site issues, or from your use of third-party content or links;
(f)the Provider can terminate your account for breach of these Terms;
(g)the Provider can change its annual subscription fee from time to time, to apply at your next renewal and/or as notified;
(h)the Provider does not warrant that the material contained in the App or your access to the App will be uninterrupted or free of viruses or similar, or make any representation regarding accessibility in respect of the App or materials on it, and will not be liable for damage or loss resulting from any delay in operation of any kind, virus or similar, communications failure, access difficulties or malfunction, however caused;
(i)the Provider may, in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the Services, temporarily or permanently

Additional Terms

10. Maximum Liability

In the event that any guarantee, warranty, condition or representation applies at law, to the extent permitted by law, the Provider's maximum liability in respect of all claims, actions, demands, proceedings, liabilities, damages, amounts, costs and expenses arising, paid, suffered or incurred by you (directly or indirectly) as a result of, in consequence of or in connection with any act or omission of the Provider, including any outage or interruption in service, or any breach or non-performance of any express or implied obligation of the Provider or otherwise (to the extent consistent with law), is limited to the amount paid by you for the Services, being the Provider's annual subscription fee applicable from time to time.

11. Payment Processing

All financial transactions made in connection with the App will be processed by a third party in accordance with their respective terms of use, privacy policy, and/or any applicable payment terms and conditions. In no event will the Provider be responsible for the actions or inactions of any third party payment processor, including, but not limited to, system downtime or payment service outages.

12. Refunds

All payments are nonrefundable and there are no refunds or credits for partially used membership periods, unless otherwise required by law.

13. As Is Basis

The service provided to you via this App is offered on an 'as is' basis and, to the extent permitted by law, the Provider makes no representations or warranties of any kind with respect thereto, either express or implied, and all such representations, including those in relation to fitness for purpose, merchantability and the like, are expressly disclaimed. Without limiting the generality of that, the Provider makes no representation or warranty in relation to accuracy, service availability, completeness, informational content, error-free operation, or results to be obtained from use.

14. Termination

The Provider may terminate your access to and use of the App immediately at any time, for any reason, and at such time you will have no further right to use the App. You may terminate your account at any time by following the instructions available through the App.

General

15. Entire Agreement

These Terms contain the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty in relation to that subject matter is merged with these Terms and has no further effect.

16. Severability

If any provision of these Terms of Use is found to be invalid or unenforceable by a court of law, invalid or unenforceable provision will be severed, and the remaining terms will not be affected and will continue to be binding. All rights not expressly attributed in these Terms of Use are expressly reserved.

17. Governing Law

These Terms are governed by the laws in force in Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the Courts of Victoria and Courts of Appeal from them.

Privacy Statement

As part of our Services, we sometimes receive, collect, use and disclose personal information and records of user and other entities. We understand the importance of maintaining privacy in relation to the personal information we hold.

This Privacy Statement sets out how we comply with our obligations under the Privacy Act 1988 (Cth) and other relevant legislation (the law) in managing personal information we collect and hold.

By using our Services, you consent to personal information being collected, stored and used in accordance with this Privacy Statement and warrant that you have obtained any necessary consents in respect of provision of personal information you provide and that you comply with your obligations under the law.

Personal information that is collected and held

Personal information is information about or in relation to an identified person, or someone who is reasonably identifiable, whether or not the information is true and whether the information is recorded in a material form or not.

The types of personal information we may collect and hold include, but are not necessarily limited to name, address, date of birth, email address, telephone number, digital images.

We collect personal information about you in several ways, including from:

you directly
someone who has responsibility for you
information collected through websites in the form of online enquiries or similar.

We take reasonable steps to protect personal information from misuse, interference and loss and also from unauthorised access, modification and disclosure.

Why we need, and what we do with, personal information

We collect, maintain, use and disclose personal information provided by you in order to be able to deliver our Services, to manage our administration, including storage of data, and for management of accounts and payment for the Services provided to you. We will use and, where necessary in the course of providing our Services, disclose your personal information:

to manage and store your personal information in a secure fashion, including management and storage by third parties such as cloud service providers with contractual relationships with us
for data entry and data analytics purposes; and
to entities associated with us, necessary for the purposes above. This includes the disclosure of personal information for storage and archiving purposes.

Any such disclosures are subject to strict conditions relating to confidentiality and data security.

We may use your personal information to communicate with you, including to:

give you important information (including by SMS or email) about the Services we provide
respond to your enquiries or process requests
contact you regarding particular Services that may be of interest to you; and
to make contact with you in relation to any promotions from time to time.

Should you, at any time, wish to withdraw consent for your personal Information to be part of a de-identified information database, we request you notify our Privacy Officer on the contact details provided at the end of this policy. Please provide your name, and address.

We may be required by law to disclose your personal information without your consent.

Storage of personal information

We take reasonable steps, and implement appropriate safeguards to ensure the protection of the personal information that we hold.

If you do not provide us with all the personal information we request, we may not be able to provide Services to you. We only collect as much personal information from you as we need for the purposes identified and to obtain payment.

We may disclose personal information to related entities for the purpose of procuring billing, payment and other administrative services, data-entry and data analytics services. We take reasonable steps to ensure that in these circumstances the entities involved do not breach the requirements of the law.

Where we no longer need personal information for any purpose for which the information may be used or disclosed, we take reasonable steps to destroy that information or ensure that it is de-identified, unless otherwise required by record-keeping obligations or by law.

Accessing your personal information

You may request access to the personal information we hold. You can also request that corrections be made to it. We will respond to your request within a reasonable time.

There are some circumstances where we are not required to give you access to or correct your personal information. We will normally give you a written notice setting out our reasons for not complying with such a request.

There is no fee for requesting access to your personal information or for us to make corrections, although we may charge a fee for our costs in relation to collating and providing you with access to personal information, which we will ordinarily request you pay in advance.

Information regarding complaints

If you have any concerns about how we manage your personal information or you wish to make a complaint regarding a potential breach of the law on our part, please contact us. We request you send us details of any complaint in writing (see details below).

We will endeavour to respond to your complaint in a reasonable time.

Contacting our Privacy Officer

To contact our Privacy Officer, please email to [ ]. We may change our privacy policy from time to time.

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Available on iOS and Android