TradesUp Limited (TradesUp), trading through a Application with a Landing Page located at www.tradesup.co.nz and available as an Application on mobile devices (APP), provides the services contained in the APP to you under the following terms and conditions:
Each time you access the APP, you confirm that you have read and understood these terms and conditions. TradesUp may, at its sole discretion, amend these terms and conditions from time to time. It is recommended that you check the terms and conditions from time to time.
By accessing the APP, you agree to be bound by all these terms and conditions, including any amendments to them.
The services provided by TradesUp includes an APP in which 'Business is made Easy' for tradespeople, trade companies and businesses. (tradesperson). The APP acts as a forum in which people requiring the services of a tradesperson (customer) are able to post jobs which the customer wants done by a tradesperson and/or want to be able to contact tradespeople who are listed on the APP for a quote to carry out work required.
Images and Logos referenced in the APP and the contents of the APP are subject to IP rights belonging to TradesUp. Other product and business names, including those of tradespeople, specified in the APP may be the intellectual property of the respective tradesperson.
Any rights not expressly granted herein are reserved. You agree not to breach any trademark, copyright, patent, design or other rights (whether registered or unregistered) in relation to all trademarks, images, information, logos and other IP property included in this APP. No logo, graphic, sound or image from the APP may be copied or retransmitted unless previously expressly permitted in writing by us.
You agree not to download, copy, transmit, "data-mine", "scrape" or otherwise replicate any of the information on the APP, including ratings and comments, for any business purpose, whether by electronic or any other means whatsoever.
TradesUp makes no representation that materials on this APP are appropriate or available for use outside the jurisdiction of New Zealand and does not authorise access to them from beyond its jurisdiction.
You expressly understand and agree that:
a.You acknowledge that TradesUp provides a forum in which the performance of tradespeople can be rated by their customers/clients. In posting such ratings and/or comments, you warrant that;
b. Irrespective of any monitoring of ratings, comments or other content on the APP which TradesUp may choose to undertake, TradesUp shall not be responsible for screening, editorial, or other control over ratings, comments or for any other content whatsoever.
c. TradesUp assumes no responsibility or liability for the preservation of content on the APP and may modify or remove it at its sole discretion.
d. If a tradesperson subcontracts works to a third party the referring business may, at TradesUp's sole discretion, be rated by the end user. The party completing the work may also be rated.
e. A tradesperson may reply to a review within the first month of the review being posted. Replies to reviews cannot be edited once posted, except at the sole discretion of TradesUp.
f. A tradesperson may request evidence of custom (proof of engaging the tradesperson to do work) within the first 24 months of the review being posted. The evidence, if provided, will be sent directly to TradesUp and not shared with the tradesperson unless TradesUp in its sole discretion elects to do so.
g. TradesUp reserves the right to audit ratings to ensure their legitimacy. When an audit is undertaken raters will be asked to provide evidence of work carried out. While ratings are being audited they will be temporarily removed and will be reinstated when sufficient evidence has been provided.
a. If you wish to use the APP, the additional terms and conditions set out below also apply.
b. In posting or submitting material about your business on the APP or in carrying out any work as a result of a referral from the APP, you warrant that:
(i) All such material is not private and is intended for publication on the APP;
(ii) You grant TradesUp the unrestricted right to use, reproduce, modify, translate, distribute any material you post or submit to the APP in any medium and for any purpose, including commercial uses;
(iii) All such material is truthful and accurate to the best of your knowledge;
(iv) You will not use obscene or offensive language or submit any material that is, or may potentially be, defamatory, abusive, hateful, an invasion of anyone privacy harmful to other users harmful to the business interests of TradesUp, or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, national or international law or regulation.
(v) At all times you will comply with your obligations under the Health and Safety Work Act 2015 and any amendments thereto; and
(vi) You are suitably qualified and experienced to carry out the work that has come to you as a result of a referral from the APP, from a third-party referral or otherwise. Any registrations and certifications you may need to carry out the work are current, up to date and will be current and up to date at the time the work is carried out.
c. You agree not to post, or to encourage or procure others to post, ratings and/or comments about your business on the APP which are untrue, inaccurate or misleading.
d. You agree to not to coerce or intimidate to acquire or change ratings or comments about your business or services and you understand that such activity may result in the removal of your business from the APP.
e. You agree not to disclose your login details to third parties. If you do so, you are liable for any breach of these terms and conditions by third parties using your login details and the indemnity referred to in clause 7 below is extended accordingly.
f. You acknowledge that, as a condition of advertising your business on the APP you will pay a monthly subscription fee as set out on the Tradies Landing Page (www.tradesup.co.nz), such fees then payable monthly in advance, without set-off, counter claim or cross-demand.
g. You acknowledge that TradesUp may vary its subscription fee for advertising on the APP with any change to take effect not less than 30 days after these terms & conditions have been amended. Alteration of the charges in these terms and conditions as amended shall be deemed to be adequate notice to you.
h. You acknowledge and accept that TradesUp is entitled to withdraw the benefits of subscription or to remove your business from the APP in the event of either any of
(i) misrepresentation by you as to your qualifications and/or experience to carry out the required work or services;
(ii) non-payment of money payable by you when it is due to be paid or
(iii) at the sole discretion of TradesUp acting reasonably.
i. You acknowledge that charges for subscriber businesses will not be refundable except at the sole discretion of TradesUp.
j. You acknowledge that if, in any 1 12 month period, your turnover as a result of using the App exceeds $150,000NZD (excluding GST) you will be deemed to be a Company rather than a Sole Trader for the purposes of charges and charges pertaining to Companies shall apply.
Tradesperson agrees to and does hereby indemnify, defend and hold harmless TradesUp from and against any and all claims, damages, losses, liabilities, suits, actions demands, proceedings(whether legal or administrative), and expenses (including, but not limited to, legal fees on a solicitor/client basis and associated disbursements) threatened, asserted, or filed by a third party against TradesUp and arising out of or relating to;
(i) the end users use of services promoted by use of the APP;
(ii) any breach or violation by the tradesperson of this Agreement; or
(iii) any acts or omissions by the tradesperson whether under this Agreement or otherwise. The terms of this section shall survive any termination of this Agreement.
a. The Privacy Act 2020 applies to the collection, use, storage and disclosure of information that you provide to us when accessing this APP.
b. Any information that you provide to TradesUp when accessing this App is collected and stored by TradesUp. TradesUp will only collect personal information which is necessary for its business functions and activities, or to comply with legal or regulatory obligations. TradesUp will not store any payment data.
c. TradesUp collects, uses and discloses your personal information for the following purposes:
(i) to be able to offer safe and simple use of the APP;
(ii) to avoid ratings and/or comments being posted on the APP which are untrue, inaccurate or misleading;
(iii) to be able to communicate by means of electronic mail or otherwise with you in connection with the APP
(iv) to ensure that you can access members only areas (where relevant);
(v) to fix system errors and for support services;
(vi) to customise the information you receive from the APP;
(vii) for TradesUp research, so that it can improve its products and services and tailor them to better suit your needs;
(viii) to track how the APP is used and to identify popular areas, internet trends and demographics.
d. You may contact TradesUp to request access to any information that it holds about you and you may also ask TradesUp to correct that information if you consider it to be inaccurate.
e. TradesUp will release your information only when it believes release is appropriate: to comply with any applicable legal obligations; to comply with a request from a law enforcement agency; to enforce or apply TradesUp terms and conditions or to protect the rights of TradesUp, its users, or others.
a. Assignment
(i) TradesUp may legally assign any of its rights and obligations under this agreement at any time by giving you notice on the APP or otherwise.
b. Links to Third Party Sites:
(i) TradesUp is not responsible for the contents of any linked site.TradesUp does not imply any endorsement of links from and to this APP except where expressly stated.
c. Entire Agreement
(i) These terms and conditions constitute the entire agreement between you and TradesUp, it supersedes all prior representations, agreements, statements, and understandings whether verbal, in writing or in electronic form by email or on the internet.
d. Applicable Law
(i) This agreement shall be interpreted in accordance with the laws of New Zealand. If the end user acquires the services for the purpose of a business, they agree that the provisions of the Consumers Guarantee Act 1993 do not apply to the service provided.
e. Severability
(i) If any one or more of the provisions of this agreement shall be held to be invalid, illegal or unenforceable; the remaining provisions of this agreement shall not be void for this reason alone. The invalid, illegal, or unenforceable provision shall be replaced by a mutually acceptable provision which reflects the original intention of the parties.
f. Force Majeure
(i) Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labour disputes, accidents, acts of war or terrorism or interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
g. Overdue Accounts:
a. Any debt collection costs incurred by TradesUp for recovery of any monies owed to TradesUp by the tradesperson will be paid for by the tradesperson.
b. TradesUp reserves the right to charge interest at the rate of 18% p.a. on any overdue amount from the date it is due until such date as the payment is made.
c. TradesUp may at its sole discretion refuse to provide further services to the tradesperson due to overdue accounts or poor payment history.