1 General

By accessing the website located at www.tradespeople.co, you agree to be bound by these terms of use (Terms of Use). Please review them carefully before acceptance.

We may change these Terms of Use at any time for legal or business reasons by updating them on the website at www.tradespeople.co/terms. Unless stated otherwise, any changes take effect immediately and by continuing to use the website you agree to be bound by the changed Terms of Use. You are responsible for ensuring you are familiar with the latest Terms of Use. If we amend the Terms of Use to your detriment you can stop using Tradespeople.co at any time.

2 Definitions

Customers means persons interested in purchasing trades services.

GST means Goods and Services Tax in accordance with the Goods and Services Tax Act 1985

Listings means listings on Tradespeople.co advertising the supply of trade and similar services.

Fee means a monthly subscription fee we may charge to Suppliers in accordance with these Terms of Use.

Suppliers means persons advertising the supply of trade and similar services.
Us or we means Tradespeople Limited.

Tradespeople.co means the www.tradespeople.co website.

3 Data Protection and Privacy

3.1 Protecting your privacy is important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy as well as our use and disclosure of your information. You agree to us using your personal information as described in our Privacy Policy.

3.2 While we take reasonable steps to ensure that Tradespeople.co is reasonably secure, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any information you post, send or share using the Tradespeople.co may be read or intercepted by others.

3.3 Please note that where we include links in Tradespeople.co to the applications, website or services of third parties, via any Listing or otherwise, we are not responsible for the privacy practices of such third parties, or the way they handle any personal information they collect about you. You should ensure you read their privacy policies carefully before using these third-party websites or services.

4 Proprietary Rights and Licence

4.1 All trademarks, copyright, database rights, and other intellectual property rights of any nature in Tradespeople.co together with the underlying software code are owned directly either by us or by our licensors.

4.2 We hereby grant you a worldwide, non-exclusive, royalty-free revocable licence to use Tradespeople.co for your personal use in accordance with these Terms of Use.

5 General Conditions of Use

5.1 Tradespeople.co comprises an online platform on which Suppliers’ Listings are posted and where Customers may search for Suppliers. Customers enter into transactions directly with Suppliers rather than with or through Tradespeople.co.

5.2 You acknowledge that when you enter into a transaction in respect of services advertised on Tradespeople.co we are acting solely as an intermediary and not as a party to your transaction.

5.3 By creating an account with us Suppliers and Customers:
(a) Consent to us conducting verification and security procedures in respect of the information provided during the registration process; and
(b) Agree to keep any login and account details confidential and secure.

5.4 You confirm that all information and details you provide us are true, accurate and up to date in all respects and at all times. You can update and correct your personal details at any time by contacting us.

5.5 You will not, nor allow third parties on your behalf to:
(a) make and distribute copies of Tradespeople.co;
(b) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange, or translate Tradespeople.co; or
(c) create derivative works of Tradespeople.co of any kind whatsoever.

5.6 We reserve the right to amend or withdraw Tradespeople.co in accordance with these Terms of Use at any time and for any reason.

5.7 You agree to conduct yourself in accordance with our community values, codes of care and harassment policy as detailed here.

6 Customer Acknowledgements

6.1 We accept listings of Suppliers based on their representations that they meet our criteria for listing. This is an honesty system and we do not seek to independently verify that a Supplier meets our criteria. On Tradespeople.co we make available third party information about Suppliers and their offerings but that the making available of that information is not a recommendation or endorsement by us. Customers acknowledge and agree that their use of Tradespeople.co is at their own risk.

6.2 As a Customer, you agree to compensate and indemnify us against any loss, damage, liability or claims that we suffer or become liable for as a result of your failure to comply with these Terms of Use.

6.3 Transactions and all other contact between Suppliers and Customers are conducted entirely at your own risk. You agree not to involve us in any dispute or in the resolution of any disputes that may arise.

7 Availability

7.1 We will use reasonable efforts to make Tradespeople.co available at all times. However, you acknowledge Tradespeople.co is provided on the internet and on mobile networks, so the quality and availability of Tradespeople.co may be affected by factors outside our reasonable control.

7.2 We, our group of companies, and our sub-contractors do not accept any responsibility whatsoever for unavailability of Tradespeople.co or any difficulty or inability to download or access content or any other communication system failure which may result in Tradespeople.co being unavailable.

7.3 We will not be responsible for any support or maintenance for Tradespeople.co.

Supplier Listings and Sales

8 Our obligations

8.1 Our general obligations to you as a Supplier include:
(a) providing our services in accordance with our agreement with you;
(b) promptly responding to any questions you have about advertising on Tradespeople.co;
(c) providing you with clear information about our billing and charges when requested.

8.2 We have the right to enforce our Supplier requirements and to determine where necessary:
(a) whether you meet our criteria for placing Listings on Tradespeople.co;
(b) the final look and feel of your Listing so that it complies with Tradespeople.co specifications.

8.3 We also reserve the right to:
(a) ask you to substantiate any claims about your business, organisation, services or services that you make in your Listing;
(b) edit your Listing, after consulting with you;
(c) refuse to accept or publish your Listing if we believe it is incompatible with our guiding principles, values and our social responsibilities;
(d) cancel or remove your Listing if we deem it is not in our best interests or may injure our reputation.

8.4 If we are found to have any direct liability to any Supplier in any circumstance, that liability is limited to the cost of that Supplier’s subscription for one year.

9 Supplier obligations

9.1 Your obligation as Supplier is to comply with these Terms and to ensure that the services that you list on Tradespeople.co are relevant and appropriate to our site visitors. By applying to be a Supplier you are representing that you meet our stated criteria for being a Supplier, and will continue to do so while you maintain a Listing on Tradespeople.co. Failure to meet our criteria on application or subsequently will constitute a breach of these Terms of Use.

9.2 Your obligations as a Supplier also include confirming that you are obtaining our services and services for genuine business purposes and that you (and any person acting on your behalf) has authority to enter into this agreement with us.

9.3 Supplier obligations also include making sure that any content you provide, use, or make available for use in your Listing:
(a) complies with these Terms of Use;
(b) is compatible with our website specifications;
(c) is complete and accurate and is not misleading or confusing, including any representations or claims about your business or organisation and your membership of any business or trade associations;
(d) complies with all relevant laws, regulations, codes and standards in relation to the services being advertised through your Listing, your use of our website and any content that you provide, use, or make available for your Listing;
(e) is owned by you or you have the rights to provide it, use it, or make it available for use and distribution as part of your Listing;
(f) does not infringe anyone else’s intellectual property or privacy rights and is not defamatory, offensive or obscene;
(g) is not about or concerning a third-party without that third party’s consent;
(h) does not damage, interfere with or harm the Tradespeople.co, or any network or system underlying or connected to them, or attempt to do so;
(i) does not use a robot, spider, scraper or other unauthorised automated means to access the Tradespeople.co or any information featured on it for any purpose;
(j) does not link directly or indirectly to a site that contains spyware or malware downloads or facilitates or promotes collection of demographic and usage information from a user’s computer without the user’s express consent;
(k) only includes a URL or domain name within the body of the Listing that links to that same URL or domain.

9.4 As a Supplier on Tradespeople.co, you agree to compensate and indemnify us against any loss, damage, liability or claims that we suffer or become liable for as a result of your failure to comply with our agreement with you.
9.5 We do not participate in any discussion or transaction between Suppliers and Customers, nor do we act as an agent for either party.
9.6 Transactions and all other contact between Suppliers and Customers are conducted entirely at your own risk. You agree not to involve us in any dispute or in the resolution of any disputes that may arise.

10 Creating Listings

10.1 In order to place Listings on the Tradespeople.co you must apply to register with us. If your application is approved we will create an account for you.

10.2 Once your account is created we will contact you about creating a Listing. All Listings that appear on Tradespeople.co must be created by you and in accordance with clause 8.3.

10.3 If we do not accept your Listing copy we have the right to publish your Listing without it.

10.4 We have sole discretion to determine the types of advertising and promotion that will be accepted and displayed on Tradespeople.co.

10.5 We are not responsible for the content, colour limitations or accuracy of third-party advertisements (including hyperlinks to Suppliers’ own websites).

10.6 Each Supplier is solely responsible for any representation made in connection with its Listing.

10.7 We do not accept responsibility for any loss arising from failure of all or part of a Listing to appear or for any error in a Listing.

10.8 Suppliers are responsible for providing:
(a) a fully completed online Listing form;
(b) clear proofed descriptions of their business;
(c) hyperlinks to their preferred contact email address, social media accounts and website;
(d) correct contact details for invoicing purposes.

10.9 Suppliers need to ensure that each of their Listings complies with:
(a) the relevant codes of practice issued by the Advertising Standards Authority (ASA); and
(b) all relevant laws, regulations, codes and standards in relation to the services and services being advertised,

and we recommend all Suppliers obtain their own legal advice on this.

10.10 You indemnify us against all losses or costs arising directly or indirectly from publication of your Listing on Tradespeople.co, and from any costs incurred from making corrections or amendments in accordance with these Terms.

11 Changes to Listings

11.1 Once your Listing is live, we may make reasonable changes in line with your feedback before it is republished, including moderating the content. However, we reserve the right to refuse to accept any of your proposed changes at our discretion.

11.2 Listings can be withdrawn at any time. If you want to withdraw a Listing, you can do so by contacting us.

12 Fees

12.1 Our Fees are notified on Tradespeople.co or by email to Suppliers and we reserve the right to revise our Fees at any time on at least one month’s notice.

12.2 Fees are in New Zealand dollars and include Goods and Service Tax (GST).

13 Ownership

13.1 You will continue to own or have the right to use any content that you provide to us for use in your Listing.

13.2 We own or are licensed to use all rights including copyright in:
(a) Tradespeople.co;
(b) our trademarks, brand names, badges, icons, logos and domain names;
(c) the images in our image library;
(d) data that we collect or that is generated through or in relation to Tradespeople.co;
(e) all content published, contained, posted or uploaded in or on Tradespeople.co.

13.3 As copyright owner, we decide who is able to use that content and the kinds of use they can make of it.

13.4 Except for content that we allow to be shared for specific purposes through Facebook, Instagram, Twitter or other social media, you must not use any of our property without our permission.

14 Termination

14.1 We may terminate your use of Tradespeople.co at any time by giving notice of termination to you.

14.2 You can choose to stop using Tradespeople.co at any time by notifying us.

14.3 Upon any termination:
(a) the rights and licences granted to you will terminate; and
(b) you must cease all use of the software.

We reserve the right not to refund any Fees paid in advance.

15 Remedies

15.1 If you breach these Terms of Use then (without limiting any other remedy we may have), we may at our sole discretion, disable or partially disable, modify or delete any or all of your accounts, block your IP address or device from accessing the Tradespeople.co, or in any other lawful way partially or fully restrict your access to the Tradespeople.co. This includes breaches of our codes of conduct or harassment policy.

15.2 You agree to compensate us and keep us compensated for any loss We suffer (including financial or reputational loss) howsoever arising, as a result of your breach of these Terms of Use.

16 Disclaimer and Liability

16.1 The Consumer Guarantees Act 1993 and the Fair Trading Act 1986 may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified. These Terms of Use must in all cases be read subject to those statutory provisions.

16.2 To the maximum extent permitted by law, and for the avoidance of doubt, we hereby disclaim all implied warranties with regard to Tradespeople.co. Tradespeople.co and software are provided "as is" and "as available" without warranty of any kind.

16.3 In no event will we be liable for any direct, indirect, special, punitive, exemplary, or consequential losses or damages of whatsoever kind arising out of your use of or access to Tradespeople.co, including loss of profit or the like whether or not in the contemplation of the parties or whether based on breach of contract, tort (including negligence), product liability, or otherwise.

16.4 We are not liable to you for any damage or alteration to your equipment, including but not limited to computer equipment, handheld devices, or mobile telephones, as a result of the installation or use of Tradespeople.co.

16.5 While we put in place policies and take reasonable steps to ensure that Listings are only posted by reputable Suppliers we do not guarantee the accuracy or validity of any information or in any way endorse the suitability of any services described in any Listing for a particular person or class of persons. You acknowledge that any transaction you enter into following review of Listings on Tradespeople.co is conducted at your discretion and risk.

16.6 Tradespeople.co may include links to third-party websites. We accept no responsibility for the availability, suitability, reliability or content of such third-party websites and We do not necessarily endorse the views expressed in them.

17 General

17.1 Events outside our control: If any cause beyond our reasonable control including but not limited to order of a government or other authority, strike, lockout, labour dispute, delays in transit, difficulty in procuring components or equipment, embargo, accident, emergency, act of God interfere with our performance of any of our obligations under these Terms of Use then we may at our sole discretion suspend our performance of any such obligation or cancel any contract and we will not be liable to you in any respect.

17.2 Waiver: These Terms of Use remain in force notwithstanding any neglect, forbearance or delay in enforcement. We will not be deemed to have waived any condition unless such waiver will be in writing and such waiver will only apply to the particular transaction to which it refers.

17.3 Severability: If any clause or provision of these Terms of Use will be held illegal or unenforceable by any judgment of any Court or Tribunal having competent jurisdiction, such clause will not apply to this Agreement. The remaining provisions of this Agreement will remain in full force and effect as if the clause or provision held to be illegal or unenforceable had not been included.

17.4 Entire agreement: These Terms of Use constitute the entire agreement between you and us and supersedes and extinguishes all previous discussions, correspondence, negotiations, drafts, agreements, promises, assurances, warranties, representations and understandings between Us, whether written or oral, relating to Tradespeople.co.

17.5 Assignment: You acknowledge that we may transfer our rights under these Terms of Use (and any related claims) to any third party without having to obtain your prior consent.

18 Governing Law and Jurisdiction

These Terms of Use will be governed by the laws of New Zealand. You agree to submit to the non-exclusive jurisdiction of the New Zealand courts.

For any query, complaint or comment, please contact us.