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Terms of Use

Besttradesmen.co.nz aims to promote best practice, integrity and good faith between tradespeople and customers in the trades sector.

 

These terms and conditions (“Terms”) are designed to promote the integrity of the www.besttradesmen.co.nz website (“Website”) for all its users, and to ensure a clear understanding of the relationships between:

 

  • users of the Website and trade service provider’s featured on the Website; and
  • users of the Website and Besttradesmen Limited being the company making the Website available to users.

 

Please read these Terms carefully before proceeding as they apply to all users of the Website.  By completing Login details on the Website you agree and accept that you are bound by these Terms.   If you do not agree to be bound by these Terms you must not enter the Website or use the Services. 

 

1.         Definitions & Interpretation
2.         About These Terms   
3.         General – How Besttradesmen.co.nz Works
4.         Warranties
5.         Services
6.         Logging In
7.         Website Security
8.         Use Restrictions
9.         No Warranties from Company
10.       Limitation of Liability & Indemnities
11.       Intellectual Property
12.       Privacy Policy
13.       Dispute Resolution
14.       Miscellaneous

 

1.         Interpretation & Definitions

 

1.1

Headings are used as a matter of convenience only and do not affect the interpretation of the Terms.

 

1.2

Where the context permits:

 

  • References to the singular include references to the plural also and vice versa.
  • References to any one gender include references to all genders.
  • References to persons include bodies corporate and unincorporated, and a government or semi-government body.
   
1.3

In these terms, unless the context otherwise requires, the following words or phrases shall have the following meanings:

 

Besttradesmen”, “BT” and “Company” all mean Best Tradesmen Limited being New Zealand registered company number 3294568 and will also mean any subsequent company operating the Besttradesmen business;

 

Privacy Policy” means the policy set out in paragraph 12 of these Terms.

 

Services” means the services, functions and facilities provided or made available by the Company through the Website from time to time and more particularly set out in paragraph 5 of these Terms.

 

Terms” means these terms and conditions governing the use of the www.besttradesmen.co.nz website which may be varied or updated from time to time;

 

Tradesperson” means a person or entity featured on the Website as a tradesperson or trade services provider.  “Tradespeople” refers to more than one Tradesperson.

 

User” means any person or entity who logs in or otherwise uses the Website and/or the Services. “Users” refers to more than one User.

Website” means the website located at URL www.besttradesmen.co.nz or any subsequent URL which may replace it;

 

2.         About these Terms

 

2.1

These Terms:

 

  • record certain warranties between Users and Tradespeople in relation to the use of this Website and their dealings with each other;
  • record the relationship between any User and the Company;
  • may be varied at any time by the Company publishing an amended set of Terms on the Website and all Users and Tradespeople will be bound by the Terms most recently published on the Website; and
  • may only be varied by the Company.
   
2.2

Continued use of the Website represents continued agreement to be bound by the Terms as may be amended from time to time.

 

2.3

Each User accepts and agrees that the Terms are desirable for maintaining the integrity of the Website, and each User further accepts and agrees that they receive valuable benefit from being able to use the Website in accordance with the Terms.

 

2.4

The Company reserves the right to enter into separate or additional contractual relationships with any Tradesperson or Tradespeople, User or Users in the Company’s Absolute discretion, and such further contractual relationships may amend or vary the Terms as they apply between the Company and the relevant contracting Tradesperson or User.

 

3.         General - How Besttradesmen.co.nz Works

 

3.1

Besttradesmen administers the Website and makes it available for use by Users as licensees. 

 

3.2

Tradespeople must satisfy Besttradesmen, in its complete discretion, that they are suitable to be featured on the Website.

 

3.3

While Besttradesmen will exercise its knowledge and experience in assessing the suitability of Tradespeople and will only approve applications from Tradespeople believed by Besttradesman to be suitable for the Website, Besttradesmen is not responsible for the actions or performance of any  Tradesperson.

 

3.4

Besttradesmen is not responsible for the actions of any User, whether in relation to the User’s use of the Website, the Services or otherwise.

 

3.5

Besttradesmen reserves the absolute rights to:

 

 

3.5.1   decline any person’s application to become a Tradesperson;

3.5.2   revoke any Tradesperson’s right to be a Tradesperson;

3.5.3   deny any person or entity the right to access or use the Website; and

3.5.4   revoke any right to access or use the Website;

 

for any reason and without having to give any reason for its decision.

 

3.6

The criteria for becoming a Tradesperson or a User, and the application and registration procedure is determined by the Company and may be varied from time to time by the Company at the Company’s absolute discretion.

 

3.7

The number of Tradesperson positions on the Website at any given time is limited.  Each Tradesperson pays a fee to the Company in return for being featured on the Website.

 

3.8

Users are able to access the Website and use the Services without paying any subscription or membership fee, however they must first agree to be bound by the Terms.

 

3.9

Users can choose to contact Tradespeople using the Website. Thereafter Users and Tradespeople can negotiate directly between themselves for the provision of trades services. 

 

3.10

The Company is not and will not be in any way a party to any contract for the provision of trades services between any Tradesperson and any User. All contact between Users and Tradespeople, and any contracts or transactions between Users and Tradespeople are entirely at the risk of the Users and Tradespeople involved.

 

3.11

The Terms include warranties from Tradespeople and Users in respect of their use of the Website and their initial contact with each other However these warranties are not intended to be and are not a contract for the provision of trades services.  The Company strongly recommends that Tradespeople and Customers enter into written contracts for the provision of trades services, and that they obtain professional advice before entering into those contracts.

 

3.12

All Tradespeople consent to their profile and contact details being made available to Users, for the purposes of the Website and the Services.  All Users consent to their name and contact details being made available to Tradespeople who they make contact with, for the purposes of the Website and the Services.

 

3.13

All Users consent to the Company sending emails to them relating to the Website; the Services; Website newsletters and any promotions and marketing of services, products and any other matters which the Company considers may be of interest to the User or relevant to the Website.

 

3.14

All communications through the Website between Users and between Users and Tradespeople must be businesslike and made in good faith, and must not be in any way defamatory

 

3.15

No User or Tradesperson is an agent or an employee of the Company.  No User or Tradesperson has any authority or ability to act on behalf of, or bind the Company in any way.

 

3.16

The Company is not an agent or employee of any User or Tradesperson, and is not a party to any contract or transaction between any User or Tradesperson.

 

3.17

Information on the Website is for informative and contact purposes only.  No information posted on the Website shall in itself constitute an offer by any User or Tradesperson to enter into a contract with any other person.  Contracts between Users and Tradespeople shall occur separately from the Terms and normal principles of contract law (including in relation to offer and acceptance) shall apply to the making of any contract between Users and Tradespeople.

 

4.         Warranties

4.1

The warranties in this paragraph 4 apply on a continuing basis.  Each accessing or use of the Website by a User or a Tradesperson confirms the warranties provided by that User or Tradesperson in this paragraph 4.

 

General Warranties

 

4.2

Every User and Tradesperson warrants to the Company and to other Users that:

 

 
  • They are a New Zealand citizen or resident, or a New Zealand registered company and are capable of entering into a legally binding contract;
  • If requested by the Company, they will complete their correct email address, phone number and other contact information, and complete and maintain their profile on the Website;
  • Where the Company requires them to provide a profile and/or other information on the Website, their profile and/or information provided by them on the Website is true, accurate, current and complete in all respects, including without limitation, all contact details and relevant addresses;
  • They will promptly notify the Company of any changes or amendments required to the profile/or and information provided by them and where possible update their profile and/or information on the Website to ensure it is true, accurate, current and complete in all respects; 
  • They will not:
    • impersonate any other User, Tradesperson or any other person or entity;
    • use a false name or any name that they are not authorised to use;
    • use more than one name, identity or persona on the Website
  • If they are provided with a Username or Password, they will keep their Username and Password secure, and not share their Password or allow any other person to use it, AND in all cases they accept full responsibility for all actions carried out by any person using their Password;
  • If they become aware or have reason to believe that their Username or Password has become known or is being used by any other person, they will immediately take steps to change their password and notify the Company of the situation;
  • They will deal with the Company and other Users and Tradespeople honestly and in good faith;
  • They will not damage, obstruct or interfere with the Website or the Services, or any system or electronic data storage or retrieval equipment associated with the Website or the Services.

 

Tradesperson Warranties

 

4.3 Each Tradesperson warrants to the Company and any User who they provide a quote to (in addition to the General Warranties above) that:
 
  • They will exercise due care in providing any quote to a User;
  • They will only provide a quote for work they are suitably qualified for, and able to carry out at the quoted price;
  • Any quote provided will be accurate and complete as at the time it is provided, taking into account all relevant information known by the Tradesperson at that time;
  • Any quote provided will be in New Zealand Dollars ($NZ) and shall include GST in the total price quoted.
  • The Tradesperson’s terms of trade and payment terms shall be provided with every quote;
  • In the event that new information or facts affecting the job come to be known by the Tradesperson, the Tradesperson will promptly notify the User of that information or those facts, and advise the effect that new information will have on the work being carried out and on any quote previously provided by the Tradesperson.
  • Where the Tradesperson enters into a contract with a User they will honour that contract in good faith.
  • They will not delegate any job (or any part of any job) to any other tradesperson or third party for a commission, agency fee or any type of referral fee or commission;

 

User Warranties

 

4.4

Each User warrants to the Company and to any Tradesperson they request a quote from (in addition to the General Warranties above) that:

 

 
  • Any request made by them is a genuine request for a Tradesperson to carry out real work that the User intends to pay for;
  • They are able (and where appropriate they are duly authorised) to enter into a contract with the Tradesperson for the relevant job;
  • They will advise the Tradesperson of all information and facts relevant to the job and known by the User prior to requesting a quote from the Tradesperson, and thereafter immediately on any new information or facts becoming known;
  • Where the User enters into a contract with a Tradesperson they will honour that contract in good faith and make full and prompt payment pursuant to that contract;

 

5.         Services

 

5.1

The Company provides the following Services pursuant to the Terms:

 

 
  • Access to and use of the Website and the functions on the Website;
  • Access to the Directory of Tradespeople;
  • Administration of the Website;
  • Access to e-books, information and various resources which may be made available from time to time
  • Additional services which may be made available from time to time.
   
5.2

The Company reserves the right at any time (whether with or without notice) to:

 

 
  • amend, add to, terminate, suspend, withdraw, remove or revise any or all of the Services.  A User’s access of the Website and/or subsequent use of the Services will amount to acceptance by that User of such amendment, addition or other revision of the Services.
  • amend or vary the Website and/or these Terms, and a User’s continued access of the Website and/or use of the Services will amount to acceptance by that User of such amendment or variation of the Website and/or these Terms.
  • Remove any content, statement, material, information or other communication from the Website, irrespective of who has caused that content, statement, material, information or other communication on the Website.
   
5.3

Every User’s use of the Services is entirely at the risk of that User, in all respects. 

 

5.4

Some or all of the services that may be accessed through the Website (including the Services) may not be available at certain times due to the maintenance and/or malfunction of the Website and/or reasons beyond the control of the Company. Notwithstanding anything to the contrary, the Company makes no warranty that the Website (including the Services) will be available at all times.

 

5.5

The Company reserves the right to charge a fee for any services provided by the Company (including the Services or any pert of them), provided that any such fee will be disclosed either on the Website or directly to a User before the services are provided and before the fee is charged.

 

6.         Logging In

 

6.1

To enable a User to access and use the Website, the Company will require the User to follow the log in process in accordance with the applicable prompts and procedures. A User must only log in as themselves, or on behalf of an entity which they are duly authorised to represent.

 

6.2

When a User has complied with all the procedures for logging into the Website, the User confirms on every occasion that:

 

 
  • it has read, understood and agrees to be bound by the Terms; and
  • it will use the Website and the Services subject to the Terms.
   
6.3

Each User accepts full responsibility for all actions carried out using their name, whether in the Website or otherwise.  Where a User has been issued with a Username and Password, each User agrees that the use of that User’s Username and Password is adequate identification of User and good evidence of the power to bind that User.  The Company and other Users may rely upon instructions and/or undertakings communicated on the Website or by email using a User’s Username and Password without having to obtain written or other confirmation from the User, and even if those instructions and/or undertakings are not actually given or authorised by the User.

 

6.4

The Company will not be liable for any loss or damage suffered or incurred by any User as a result of any unauthorised use of a User’s name, access rights, computer systems, Username and/or Password or any other security information required under the Services.

 

6.5

Where a User has been issued with a Username and Password that User agrees to indemnify and protect the Company (including its related and associated companies and/or subsidiaries and any subsequent company making the Website available to Users) against any and all fees, costs, claims, damages and liabilities which may arise from any accessing of the Website using that User’s Username and/or Password.

 

 

7.         Website Security

 

7.1

Although the Company uses reasonable endeavours to protect the security of the Website from unauthorised access, and without limiting the generality of Paragraphs 9 or 10 in these Terms, the Company makes no representations and disclaims all warranties that such measures will protect the security of any and all of any User’s information on the Website or transmitted between a User and the Company or between a User and a Tradesperson.

 

7.2

Every User acknowledges and agrees that the Company shall not be held accountable or liable for any direct or indirect loss or damage, costs, expenses, or liability incurred or suffered by any User or any other party in the event any or all of a User’s information is accessed and/or used by third parties, whether in the Website or otherwise.

 

 

8.         Use Restrictions

 

8.1

Every User acknowledges and agrees that the rights granted by Company for the access and use of the Website and/or Services are only for User’s own use only. In addition to any other conditions or restrictions governing a User’s access and use of the Website and/or Services, every User agrees:-

 

 
  • not to use the Website (including any service, information and content therein) and/or Services for any illegal or unlawful purpose or where otherwise prohibited under any law;
  • not to modify, copy, republish, reproduce, distribute, transmit, use or otherwise deal with the Website (including any service, information and content therein) and/or Services without obtaining Company’s prior written approval (unless already expressly permitted in the Terms);
  • not to use the Website and/or Services in any manner which could damage, disable, corrupt or impair the Website, Services or the hardware and software system, security protocols, information/service provider networks or other operations;
  • not to post, send or transmit any unauthorised content or information on to or through the Website and/or Services including without limitation, content or information that (i) is unlawful, vulgar, obscene, libellous, in breach of privacy, abusive, inaccurate, misleading, defamatory, offensive, in breach of any intellectual property right or otherwise objectionable; (ii) constitutes “junkmail”, “spam”, “chain letters” or any other form of unauthorised materials; or (iii) contains software viruses or any file or program that may interrupt, disable, corrupt or impair the Website, Services or the hardware and software system, security protocols, information/service provider networks or other operations associated with the Website; and
  • to only use the Website and/or Services and any transactions conducted on or through the Website in accordance with the Terms and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Website and/or Services by any other User or third party.

 

Termination of Access and Use

 

8.2

In addition to any other rights or remedies available to the Company in these Terms  or at law, the Company is entitled at anytime with or without notice to terminate a User’s access to and use of the Website and/or Services for any reason whatsoever, including but not limited to the following:

 

 
  • upon the suspension, withdrawal, termination or expiration of the User’s registration with the Company;
  • upon a User’s breach or omission to observe any of the Terms; and/or
  • upon any incorrect or fraudulent representation or instruction issued by a User;
  • upon the bankruptcy of a User, or any insolvency event affecting any User who is a company;
  • upon a User being involved in or associated with any conduct or event which in the Company’s opinion could adversely affect the reputation of the Website or its Users.

 

9.         No Warranties from Company

 

9.1

The Website is provided for use by Users on an “as is” and “as available” basis. To the fullest extent permitted by law, the Company makes no warranty, and expressly excludes all and any warranties, representations, guarantees or endorsements, whatsoever whether express or implied, oral or written, or otherwise in respect of the Website and the Services.

 

9.2

To the fullest extent permitted by law, the Company makes no warranty and expressly excludes all and any warranties, representations, guarantees or endorsements, whatsoever whether express or implied, oral or written, or otherwise concerning any Tradesperson.  By way of example (and without limitation) the Company does not guarantee, warrant or make any other representation as to:

 

 
  • the licencing, certifications, qualifications or abilities of any Tradesperson;
  • the accuracy of any quote;
  • the quality of job any Tradesperson will perform;
  • the solvency of any  Tradesperson;
  • whether or not any Tradesperson carries any form of insurance, or the suitability or validity of any insurance carried by any Tradesperson;
  • whether or not any Tradesperson is or has ever been bankrupted, or involved in any civil or criminal legal proceedings.
   
9.3 The Company is not responsible in any way for the actions of any other person, whether Users or Tradespeople or otherwise, and whether on the Website, at any job site or any where else.

 

10.       Limitation of Liability & Indemnities

 

10.1 

It is an essential term of the Company making the Website available to Users and providing the Services that the Company will not be liable for any loss or damage of whatever kind suffered or incurred by a User or any other person. 

 

10.2

By way of example and without limitation, the Company shall not be liable to any User or any other person for any loss or damage (whether indirect, consequential, incidental, punitive, special damages or all other loss and damage, including without limitation, lost profits, loss of business, lost savings, goodwill or anticipated profits, loss, destruction or corruption of data or communications), whenever and howsoever arising whether in contract, tort, negligence or otherwise, in connection with or pursuant to the furnishing, operation, performance, access and/or use of (a) the Website and Services; and/or (b) any other service, information, specification, description, material, or resources (including third party products, services, information and content) contained in the Website or made available to any User under or pursuant to the Services or the Terms; even if the Company has been advised of the possibility of such damages in advance.  All such damages and any rights to bring such claims are expressly excluded.

 

10.3

Without limiting Clause 10.1 or 10.2 and in addition to any other provision in these Terms, every User agrees that the Company shall not be liable for any loss or damage suffered or incurred by them or any other person or third party (whether indirect, consequential, incidental, punitive, special damages or all other loss and damage including without limitation, lost profits, loss of business, lost savings, goodwill or anticipated profits, loss, destruction or corruption of data or communications), whenever and howsoever arising whether in contract, tort, negligence or otherwise, in connection with the following events:

 

 
  • the Company’s taking of any instructions and/or any other requests made by a User via the Website and acting upon them;
  • any destruction or alteration of a User’s instructions and/or requests, data or information transmitted by a User to the Company through the Website and/or Services;
  • any improper, fraudulent or unauthorised use of the Website, Services and/or Username and Password;
  • any breakdown or malfunction of any equipment, system or software used in connection with the Website and/or Services, including but not limited to the Company’s server, a User’s computer terminal, any electronic terminal, server or system, communications device, connection or any part of a system associated with the Website and/or Services;
  • any intrusion or attack by any person, hardware, software, virus, Trojan Horse, worm and/or macros or other harmful components arising from any access to the Website and/or Services;
  • any loss or damage caused by any access or use of the Website and/or Services and which is subsequently prohibited, restricted, delayed or otherwise affected by:
    • the laws and regulations of the country from where such service(s) is accessed and/or the terms and conditions prescribed by the relevant Internet service provider or information/communication network service provider in such country of access;

    • any law or regulation of any jurisdiction, regional or international authority which governs any use or any component of the Website and/or Services, any relevant Internet service provider or information/communication network service provider or system;

    • any act or omission by any relevant Internet service provider or information/communication network service provider; and/or

  • ny modification, maintenance or upgrade of the Website and/or Services;
  • any breach or non-performance by any User of any term or provision of the Terms;

  • any defect in the Website or any Services provided under the Website;

  • the exercise by Company of any of its rights in the Terms including the right to terminate a User’s access and use of the Website and/or Services for any reason whatsoever; and/or

  • any misstatement, misrepresentation, error or omission in any details disclosed by Company;

  • any errors or omissions in the information, specification, description, material, or resources contained in the Website;

   
10.4

Every User shall indemnify, defend and hold the Company (including its related and associated companies and/or subsidiaries and any subsequent company making the Website available to Users) harmless against any and all claims, demands, suits, actions, judgements, damages, costs, losses, expenses (including legal fees and expenses on a solicitor-client basis) and other liabilities whatsoever and howsoever caused that may arise or be incurred by Company (including its related and associated companies and/or subsidiaries and any subsequent company making the Website available to Users) in providing the Website and/or Services to User, whether or not arising from or in connection with access and/or use of the Website and/or Services including but not limited to any of the events set forth in Clause 10.3.

 

10.5

This Clause 10 and any other exclusion or limitation of Company’s liability in these Terms shall take effect to the widest and fullest extent permitted by law including without limitation, any judicial or other governmental order, guidelines, directive or notice.

 

10.6 Where the Company cannot exclude or avoid liability, the Company’s liability will be limited to the lesser of the cost of re-supplying the service, or the refund of amounts paid by the User (who suffered the loss or damage) to the Company in the six months preceding the event which has caused the Company to be liable to the User (if any such amount was in fact paid).

 

11.       Intellectual Property

 

11.1

Every User acknowledges and agrees that all copyright, trademarks and all other intellectual property rights subsisting in and/or arising from the Website (including without limitation all content, product and company names, logos, images, text, materials, specifications, description, information and resources contained in the Website) and Services (“Intellectual Property”) is owned by or licensed to the Company (or its related and associated companies, subsidiaries and/or assignees).

 

11.2

Unless specifically stated in these Terms, nothing in these Terms, the Website and/or Services, or in the conduct of the Company shall be construed as granting any User (or any other person) any rights in the Intellectual Property other than a temporary license to use the Intellectual Property which licence is revocable by the Company at any time. 

 

11.3

Any use of the Intellectual Property which is not expressly permitted by the Terms is strictly prohibited.

 

 

12.       Privacy Policy

 

12.1

The Privacy Act 1993 shall apply to the information that Users provide to the Company and on the Website.

 

12.2

Users expressly authorise:

 

 
  • the Company to collect and store information provided by them for the purposes of the Website, the Services, maintaining and improving the Website’s business and functionality, maintaining and improving the Website’s newsletters and communication systems, the Company’s research and business analysis, and where required to comply with any legal obligations on the Company;
  • the provision of their information provided to the Website to any Tradesperson whom the User has elected to contact, for the purposes of the Website and the Services.
  • The Company to release a User’s information in circumstances where the Company believes it is appropriate in order to protect the Company, the rights of other Users or other parties, or in order to comply with any legal obligations on the Company.
  • The Company or its agents to carry out any credit checks and investigations into any User’s affairs which the Company in its absolute discretion deems necessary (and this authority does not create any obligation on the Company to do so nor any expectation that it will do so in respect of any User), and to hold and deal with any information arising out of these credit checks and investigations on the same basis as any other information provided to the Company by the Customer. 
   
12.3

A User may request access to any information held by the Company about them, and may request the opportunity to update or correct that information.

 

12.4

Any comments, statements, opinions or other information or material posted by any User in any forum, comment, discussion panel or other part of the Website which is clearly intended to be accessible to Users shall be ‘public’ information available to all Users.  A User is responsible for all comments, statements, opinions or other information or material posted on the Website using that User’s name or Username and/or Password and no such comments, statements, opinions or other information or material can be attributable to the Company.

 

13.       Dispute Resolution

 

Disputes between Users and Tradespeople

 

13.1

The Company has no obligation to exercise any of its rights in the Terms or at Law against any User or any Tradesperson.

 

13.2

The Company has no obligation to become involved in any dispute between Users.   If the Company does become involved in any dispute between Users, the Company may discontinue its involvement in the dispute at any time.

 

Disputes between the Company and any User(s) or past User(s)

 

13.3

In the event of a dispute between the Company and any User(s) or past User(s), the following dispute resolution process shall be followed in good faith before any User can commence any legal proceedings or other dispute resolution processes:

 

 
  • The party who believes there is a dispute (“First Party”) shall serve a notice (“Dispute Notice”) on the other party (“Second Party”) pursuant to this clause;
  • A Dispute Notice must set out in detail the nature of the dispute and the remedy or outcome that the First Party (acting reasonably) requires;
  • The Second Party shall have the opportunity to reply in writing to the Dispute Notice within 7 days from receipt of the Dispute Notice;
  • Irrespective of whether the Second Party has replied to the Dispute Notice, and in any case not more than 14 days after the date that the Dispute Notice was received by the Second Party, the First and Second Parties shall meet in good faith at the Company’s offices or choice of location to endeavour to resolve the matter in dispute by face to face discussion;
  • If the dispute has not been resolved 7 days after the date of the meeting then the parties will endeavour to agree to resolve the matter by way of mediation or arbitration, but if they cannot agree then either party may exercise whatever rights and take such actions as are available to them.

 

14.       Miscellaneous

 

14.1

Governing Law. These Terms and the relationship between any User and the Company, and access to and use of the Website and Services shall be governed by and construed in accordance with the laws of New Zealand and the New Zealand Courts shall have exclusive jurisdiction over any disputes arising out of or in respect of these Terms and access to and use of the Website and Services. All disputes arising out of or relating these Terms and access to and use of the Website and Services shall be subject to the dispute resolution procedure set out above in these Terms, which must be followed before any Court actions or claims may be made.  

 

14.2

Links & Advertising. The Website may contain advertisements, or links or hyperlinks to third party websites, including websites which the Company has no control over. Access and use of these links and third party websites are solely at a User’s risk and the Company assumes no liability and is not responsible for any content, products, services, information, data, opinions, advice and/or statements made in any advertisement or featured on any linked websites. The inclusion of any advertisement or link or hyperlink on the Website does not imply any endorsement in any form on the part of the Company.

 

14.3

Emails, Newsletters and Electronic Communications.  Every User consents to the Company contacting them using emails or other forms of electronic communications (including text messages, ‘tweets’ and any new electronic forms of communication) for the purposes of the Website, the Services and for the purposes of marketing the Company’s business and other services the Company considers may be of interest to Users.  Every User consents to receiving electronic newsletters from the Company.  Users may request to be unsubscribed from any newsletter or other mailing list by contacting the Company or following instructions set out in any newsletter.

 

14.4

Cookies.  Every User consents to the Company and/or the Website uploading ‘cookies’ onto their computer for the purposes of the Website and the Services and for the Company’s information and data gathering purposes.

 

Fraud.  Honest dealings between Users is critical to the spirit and integrity of the Website.  The Company will consider any incidence of fraud or false information to be a very serious matter, and reserves all of its legal rights against any fraudulent party.  Each User indemnifies the Company and any other User against any loss, damage or other cost incurred as a result of any fraudulent act or omission by them (or by any person using their Username and/or Password). The Company is not in any way responsible for any fraudulent act by any person.

 

14.5

Force Majeure. The Company will not be liable to any User for any breach of the Terms or for any delay or failure to perform Services if the breach, delay or failure is due to an event of Force Majeure. An event of “Force Majeure” means an event not within the reasonable control of Company, which Company is unable to prevent, avoid or remove and shall include without limitation (a) war, hostilities (whether war be declared or not), invasion, act of foreign enemies, rebellion, revolution, insurrection, military or usurped power, civil war, terrorism; (b) natural catastrophe including but not limited to earthquakes, floods, subsidence, lightning, fire and exceptionally inclement weather; (c) burglary, theft, riot and disorders, criminal damages, sabotage, strike, lockout, revocation of work permits, shipping delays, labour unrest or other industrial disturbances, and/or (d) any Trojan horses, worms, viruses or other disabling or disruptive programs or devices.

 

14.6 

Severance. If any provision of these Terms is held to be illegal or invalid under present or future laws or regulations, such provision shall be fully severable and these Terms shall be construed as if such illegal or invalid provision had never comprised a part of these Terms and the remaining provisions of these Terms shall remain in full force and effect and shall not be affected by the illegal or invalid provision or by its severance from these Terms.

 

14.7

Waiver. Failure by the Company to enforce, at any time, any provision of these Terms shall not be construed as a waiver of its right to enforce the breach of such provision or any other provision in these Terms or as a waiver of any continuing, succeeding or subsequent breach of any provision or other provision of these Terms.

 

14.8

Survival. Any terms or provisions which are intended to survive the termination or expiration of these Terms, whether expressly or implicitly, shall so survive. Without limiting the generality of the foregoing, it is expressly recorded that the provisions in Clauses 8, 9 and 10 shall survive the termination or expiration of these Terms.

 

14.9

Notices. Unless otherwise specifically provided under these Terms or where otherwise notified by the Company to Users from time to time, any and all notices, instructions or other communications to be given hereunder by a User to the Company shall be in writing, signed by the User and either sent by ordinary or registered post or facsimile and shall be effective only upon receipt by an authorized representative of Company.

 

Unless otherwise specifically provided under these Terms or where otherwise notified by the Company to a User from time to time, every User accepts and agrees that the Company may give notice to a User, at Company’s sole discretion, in any one of the following methods:

 

 
  • by ordinary or registered post to a User’s last known address in accordance with the Company’s records; or
  • by facsimile to a User’s last known facsimile number in accordance with the Company’s records; or
  • by electronic mail to a User’s last known electronic mail address in accordance with the Company’s records; or
  • by any other manner of notification at the Company’s discretion from time to time.
   
 

A User shall be deemed to be in receipt of a notice from the Company:

 

 
  • if the notice is delivered by ordinary or registered post, seventy two (72) hours after date of posting; or
  • if the notice is sent by facsimile machine, upon completion of transmission as evidenced by a fax confirmation slip; or
  • if the notice is sent by electronic mail, upon the date and time of sending
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