1. ACCEPTANCE OF TERMS AND PLATFORM OVERVIEW
1.1 Binding Contract: This User Agreement ("Agreement") is a legally binding contract between you ("the User", "you", or "your") and Triveni Norwest Pty Ltd trading as RecoTown ("the Company", "we", "us", or "our"). This Agreement governs your download, installation, account creation, and use of the RecoTown mobile application and its associated services (collectively, "the App").
1.2 Agreement to Terms: By creating an account, registering your mobile number, checking the agreement box during onboarding, or using the App, you confirm that you have read, understood, and agree to be bound by this Agreement, including our Privacy Policy and Community Guidelines. If you do not agree, you must immediately cease using and uninstall the App.
1.3 Minimum Age Mandate: You must be at least 18 years of age (or the legal age of majority in your jurisdiction) to create an account and use the App.
1.4 App Store Beneficiaries: You acknowledge that this Agreement is concluded between you and the Company only, and not with Apple, Inc. or Google LLC. Neither Apple nor Google is responsible for the App or its content.
2. SERVICE SCOPE, ACCOUNT RULES, AND OPERATIONAL MODEL
2.1 The 2nd-Degree Network Model: The App operates as a closed-loop discovery layer mapping interpersonal word-of-mouth trade and service recommendations up to a second degree of social separation (your direct phone contacts, and the direct contacts of those contacts).
2.2 Passive Technological Conduit: You acknowledge that the Company is purely a technology service provider running cloud database applications. The Company does not provide physical trade, construction, plumbing, electrical, domestic, or commercial services, nor does it act as an employer, contractor, or agent for any listed service provider.
2.3 Account Security & Single Account Policy: You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account. You are strictly prohibited from maintaining multiple accounts under different phone numbers or aliases. The Company reserves the right to terminate, merge, or disable duplicate accounts.
2.4 Statutory Consumer Guarantees (ACL): Nothing in this Agreement excludes, restricts, or modifies any statutory rights or consumer guarantees implied under Schedule 2 of the Competition and Consumer Act 2010 (Cth) ("Australian Consumer Law"). To the maximum extent permitted by law, our liability for breach of a non-excludable statutory guarantee is strictly limited to resupplying access to the App platform or paying the cost of resupplying access.
3. THIRD-PARTY TRADESPERSON & SERVICE DISCLAIMERS
3.1 Absolute Lack of Verification: Commercial entries, business profiles, category tags, and service details within the App are generated entirely via crowdsourced user contributions and address book imports. The Company does not perform background checks, criminal history checks, license verification, trade qualification screening, or regulatory audits on any listed tradesperson or business.
3.2 No Credential Warranties: The Company makes no representations or warranties that any tradesperson or business discovered via the App holds an active Australian Business Number (ABN), valid trade registration with state regulators (e.g., NSW Fair Trading or interstate equivalents), trade tickets, or active Public Liability Insurance.
3.3 End-User Due Diligence Requirement: You hold total and exclusive personal responsibility for conducting independent vetting, trade license verification, insurance checks, and quote comparisons prior to engaging or entering into a contract with any tradesperson or service provider. The Company is not a party to, and disclaims all civil liability for, any contract breakdown, defective building work, property damage, personal injury, financial loss, or dispute arising between you and a service provider.
4. INTELLECTUAL PROPERTY, DATA ENTRY, AND CONTENT LICENSING
4.1 User-Generated Content Ownership: You retain copyright ownership in original text reviews and comments you upload to the App ("User Content").
4.2 Permanent & Irrevocable Display License: By submitting reviews, star ratings, category tags, or trade entries, you grant the Company a permanent, irrevocable, perpetual, worldwide, royalty-free, transferable, and sublicensable license to host, store, cache, display, reproduce, and aggregate such content within the App's technical architecture. This license survives account deletion or termination to preserve overall database consistency and network graph functionality.
4.3 Data Administration Rules: Primary business details (Business Name, Phone Number, and primary Trade Category) are maintained by the "Original Recommender" (the user who first logs or imports the record). Secondary network users are restricted to submitting 1-5 star ratings and commentary. The Company reserves the right to edit or correct business data fields to maintain database hygiene.
4.4 Prohibition of Data Scraping & Reverse Engineering: You agree that you will not:
- (a)Use automated bots, spiders, scrapers, or crawlers to extract business entries, phone numbers, or network data from the App;
- (b)Reverse-engineer, decompile, or attempt to extract source code from the React Native client or serverless edge backend; or
- (c)Bypass, bypass-test, or tamper with security protocols, rate limits, or network graph algorithms.
5. DEFAMATION PRECAUTIONS, PROHIBITED CONDUCT, AND COMPREHENSIVE INDEMNITY
5.1 Prohibited Activity: You warrant that you will not post User Content that is false, unlawful, fraudulent, defamatory, abusive, harassing, obscene, racially offensive, or infringing upon third-party intellectual property or privacy rights.
5.2 Defamation Law Compliance: Under Australian law, publishing false statements that damage the commercial reputation of a business or individual can expose you to direct civil litigation for defamation or injurious falsehood. You warrant that all ratings, text descriptions, and commentary you publish reflect your genuine, factual, and honest personal experiences.
5.3 Broad Indemnity Shield: You agree to defend, fully indemnify, and hold harmless the Company, its executive directors, software developers, officers, agents, and employees from and against any third-party claims, lawsuits, demands, liabilities, losses, damages, legal costs, and legal fees (on a solicitor-client basis) arising out of or related to:
- (a)Your access to or use of the App;
- (b)Any User Content, ratings, or reviews you submit;
- (c)Your violation of this Agreement or applicable laws; or
- (d)Any legal action brought against the Company by an aggrieved trade business alleging defamation, anti-competitive behavior, or loss stemming directly from content you published.
5.4 Moderation and Zero Tolerance Policy: The App maintains zero tolerance for abusive, fraudulent, or defamatory content. The App provides user-flagging tools. The Company reserves the right, in its sole discretion, to investigate reported violations, remove non-compliant content within 24 hours of notification, and suspend or terminate repeat offenders.
6. DEVICE COMPLIANCE AND PHONEBOOK WARRANTY
6.1 Address Book Permission: To map your trusted network graph, the App requests access to your mobile device's address book.
6.2 User Authority Warranty: By initiating contact synchronization, you explicitly warrant and represent to the Company that you have the necessary social authority, consent, or legal permission from the individuals stored in your address book to allow our systems to process phone number identifiers for connection matching.
7. TERMINATION AND SUSPENSION
7.1 Account Deletion by User: You may terminate your account at any time via the App settings menu. Upon deletion, your personal user profile metadata will be removed or anonymized in accordance with our Privacy Policy.
7.2 Termination by Company: The Company reserves the right to suspend, restrict, or terminate your account and access to the App if you breach this Agreement, engage in suspected fraudulent or defamatory activity, or if required by law.
8. GENERAL LIMITATION OF LIABILITY
8.1 NSW Law Capping: To the maximum extent permitted by the laws of New South Wales, Australia, the Company, its directors, developers, and employees disclaim all liability for any direct, indirect, incidental, special, or consequential damages. This includes property damage, job-site personal injury, financial loss, network breaches, or physical device malfunctions (including battery drain or device temperature changes linked to background execution).
9. GOVERNING LAW AND JURISDICTION
9.1 Exclusive Jurisdiction: This Agreement is governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia.