1. Agreement to Terms
By accessing or using the Spark Tradie platform (the "Platform"), including the website at sparktradie.com.au and the Spark Tradie mobile application, you agree to be bound by these Terms of Use ("Terms"). If you do not agree, do not use the Platform.
These Terms constitute a legally binding agreement between you and Spark Tradie Pty Ltd (ABN pending) ("Spark Tradie", "we", "us", "our"). We are an Australian company and these Terms are governed by the laws of the State of Queensland, Australia.
2. Eligibility
- You must be at least 15 years of age to use the Platform
- If you are under 18, you represent that you have parental or guardian consent to use the Platform
- You must provide accurate and complete registration information
- You are responsible for maintaining the confidentiality of your account credentials
- Employer accounts must be operated by an authorised representative of the registered business
3. Account Types
3.1 Apprentice Accounts
For individuals currently undertaking or who have completed a trade apprenticeship in Australia. Apprentice accounts have access to community features, the toolbox marketplace, job listings, wellbeing coaching, and the daily Personal & Social Capabilities quiz.
3.2 Employer Accounts
For businesses seeking to hire apprentices or qualified tradespeople. Employer accounts can post jobs, browse apprentice profiles, and participate in the community. Employers must provide a valid ABN for verification.
3.3 RTO Admin Accounts
For Registered Training Organisation staff with wellbeing coordination responsibilities. RTO admin accounts access the Wellbeing Alerts dashboard and apprentice roster management through the RTO Portal.
3.4 Supplier Accounts
For tool suppliers and trade brands offering partner deals to Platform users.
4. Community Guidelines
When using the community features, you agree not to:
- Post content that is abusive, threatening, discriminatory, or harassing
- Share misleading, false, or deceptive information
- Post spam, advertisements, or unsolicited commercial content
- Share another person's personal information without their consent
- Impersonate another person or misrepresent your qualifications
- Post content that infringes copyright, trademarks, or other intellectual property
- Engage in bullying, intimidation, or workplace harassment
- Share content that promotes illegal activity, including unlicensed trade work
We reserve the right to remove content and suspend or terminate accounts that breach these guidelines. Content moderation decisions are made at our sole discretion.
5. Toolbox Marketplace
5.1 Peer-to-Peer Listings
- Sellers must accurately describe the condition, functionality, and any defects of listed tools
- Pricing must be in Australian Dollars (AUD)
- Sellers are responsible for complying with Australian Consumer Law regarding product safety
- Stolen goods, counterfeit products, and restricted items must not be listed
5.2 Transactions
- All payments are processed through Stripe
- A 5% platform fee applies to peer-to-peer transactions
- Funds are held in escrow until the buyer confirms receipt
- Disputes should be raised within 7 days of receipt
5.3 Partner Deals
Partner deals are provided by third-party suppliers. Spark Tradie is not responsible for the quality, availability, or fulfilment of partner products. Partner deal purchases may redirect you to the supplier's website.
6. Jobs Board
- Job listings must comply with the Fair Work Act 2009 (Cth), including minimum wage requirements
- Employers must not discriminate on the basis of age, gender, race, disability, sexual orientation, or any other protected attribute
- Job listings must accurately describe the role, location, hours, and compensation
- Listings expire after 30 days unless renewed
- Spark Tradie does not guarantee employment outcomes and is not a party to any employment agreement
7. Spark AI Wellbeing Coach
- Spark AI is a coaching tool, not a medical or mental health service
- Spark AI does not diagnose, treat, or provide medical advice
- If you are experiencing a mental health crisis, contact Lifeline on 13 11 14 or call 000 for emergencies
- Wellbeing conversations are monitored by our AI safeguarding system. When at-risk language is detected, a confidential alert may be sent to your RTO wellbeing coordinator (see our Safeguarding Policy)
- Wellbeing conversations are encrypted and stored securely. See our Privacy Policy for details on data handling
- You acknowledge that AI-generated coaching responses may not always be accurate or appropriate for your situation
8. Daily Quiz
The daily Personal & Social Capabilities quiz is an educational tool aligned with the Australian Curriculum V9 General Capabilities framework. Quiz content is for learning purposes only and does not constitute formal assessment or certification.
9. Intellectual Property
- The Spark Tradie name, logo, branding, and Platform design are our intellectual property
- You retain ownership of content you post (text, images, videos) but grant us a non-exclusive, royalty-free licence to display it on the Platform
- You must not copy, reproduce, or distribute Platform content without permission
- User-generated content may be removed if it infringes third-party intellectual property rights
10. Limitation of Liability
To the maximum extent permitted by Australian Consumer Law:
- The Platform is provided "as is" without warranties of any kind
- We do not guarantee uninterrupted, error-free, or secure access to the Platform
- We are not liable for any loss, damage, or injury arising from your use of the Platform, including but not limited to marketplace transactions, employment outcomes, or reliance on AI coaching
- Our total liability to you for any claim is limited to the amount you have paid us in the 12 months preceding the claim, or $100 AUD, whichever is greater
- Nothing in these Terms excludes or limits consumer guarantees under the Australian Consumer Law that cannot be excluded by law
11. Indemnification
You agree to indemnify and hold harmless Spark Tradie, its directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the Platform, your breach of these Terms, or your violation of any third-party rights.
12. Account Suspension and Termination
- We may suspend or terminate your account for breach of these Terms, community guidelines violations, or fraudulent activity
- You may delete your account at any time through your profile settings or by contacting us
- Upon termination, your data will be handled in accordance with our Privacy Policy
- Provisions that by their nature should survive termination (including limitation of liability, indemnification, and intellectual property) will continue to apply
13. Dispute Resolution
In the event of a dispute arising from these Terms or your use of the Platform:
- Contact us at support@sparktradie.com.au to attempt informal resolution
- If unresolved within 30 days, either party may refer the dispute to mediation administered by the Resolution Institute
- If mediation is unsuccessful, the dispute may be submitted to the courts of Queensland, Australia
14. Changes to These Terms
We may update these Terms from time to time. Material changes will be notified via email and in-app notification at least 14 days before taking effect. Continued use of the Platform after changes take effect constitutes acceptance of the updated Terms.