Terms & Conditions

1. Definitions

’Access’ fee shall mean membership fee (excluding any taxes and duties) payable by you in accordance with the fee schedule set out on the website (ContractorsNZ.co.nz has the right to change this schedule from time to time).

’Confidential Information’ includes all information exchanged between the parties to this agreement, if in writing, electronically or orally, including the software but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.

’Data’ means any data inputted by you into the webpage.

’Intellectual Property Right’ any patent, trademark, service mark, copyright, moral right, right in a design, know-how any other intellectual or industrial property rights, anywhere in the world whether or not registered.

’Software’ the software available via website. This software maybe changed or updated from time to time.

’Website’ the internet site at the domain www.contractorsnz.co.nz or any other site operated by ContractorsNZ.co.nz.

You this means you and includes your employees (if you have any) consultants, representatives and agents.

2. Use of Software

ContractorsNZ.co.nz grants you the right to access and use the software via the website. This right is non-exclusive and non-transferable and limited by the terms of this agreement.

Any instructions received by the seller (ContractorsNZ.co.nz) from the client (you) for the supply of goods/services shall constitute acceptance of the terms and conditions contained herein. Upon acceptance of these terms and conditions by the client the terms and conditons are irrevocable and can only be rescinded in accordance with these terms and conditions or with the written consent of the seller.

None of the sellers agents, contractors or representatives are authorised to make any representation, statement, conditions or agreements not expressed by the seller in writing nor is the seller bound by any such unauthorised statements.

3. Your Obligations

You will pay ContractorsNZ.co.nz the access fee by direct debit, credit card facilities or cheque. Payments of access fee covers a period of 1 year or 2 years. The fee is due on registration. ContractorsNZ.co.nz will send a receipt to you by sending an email to the email address provided by you. You are responsible for payment of all taxes and duties in addition ot the access fee.

4. General Obligations

You must only use the software and website for your own lawful internal business purposes, in accordance with the terms of this agreement and any notice or condition posted on the website.

5. Access Conditions

You will ensure that all usernames and password required to access the software are kept secure and confidential. You will immediately notify ContractorsNZ.co.nz of any unauthorised use of your passwords or any other breach of security.

As a condition of this agreement, when accessing using the software, you must

not attempt to undermine the secuirty or integrity of ContractorsNZ.co.nz computing systems or networks or, where the software is hosted by a thrid party, that third party’s computing system and networks.

Not use the software in any way which may impair the function of the software or website.

Not attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access or to the computer system on which the software is hosted and not transmit, or input into the software, any files that may damage any other person’s computing devices or software content that may be offensive, or material or data in violation of any law (including data or other materials protected by copyright or trade secrets which you do not have the right to use).

6. Communicaiton Conditons

As a condition of this agreement, if you use any communication tools available through the website, you agree only to use such communication tools for lawful and legitimate purposes.

You must not use any such communication tool for posting or disseminating any material unrelated to the use of the software including (but not limited to) offers of goods and services for sale, files that may damage any other person’s computing devise or software, content that maybe offensive to any of our other users, or material in violation of any law including materials that is protect by copyright or trade secrets which you do not have the right to use.

When you make any communication on the website, you represent that you own the content of the communication. ContractorsNZ.co.nz is under no obligation to ensure that the communication of the website are legitimate or that they are related only to the use of the software. As with another web-based form, you must exercise caution when using the communiation tools available on the website. However, ContracotrsNZ.co.nz does reserve the right to remove any communication at any time in its sole discretion.

7. Indemnity

You indemnify ContractorsNZ.co.nz against all claims, costs, damage and loss arising from your breach of this clause 5 including (but not limited to) any costs relating to the recovery of any access fees that have not been paid by you.

8. Confidentiality and Privacy

Unless the relevant party has the prior written consent of the other or unless required to do so by law.

Each party will preserve the confidentiality of all confidential information of the other obtained in connection with this agreement. Neither party will, without the prior consent of the other disclose or make any confidential information available to any person, or use the same for its own benefit, other than as contemplated by this agreement.

Each party’s obligations under this clause will survive termination of the agreement.

9. Intellectual Property

General - Title to, and all Intellectual Property Rights in the software and any documentation relating to the software remain the property of ContractorsNZ.co.nz (or its licensors).

Data - Title to, and all intellectual Property Rights, in, the Data remain your property. You must maintain copies of all data inputted into the software. ContractorsNZ.co.nz adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of data.

10. Warranties and Acknowledgements

You acknowlege that - The provision of access to, and use of, the software is on an ’as is’ basis at your own risk.

ContractorsNZ.co.nz does not guarantee that the use of the software will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the software, including public telephone services, computer networks and the internet, can be unpredictable and may from time to time interfere with or prevent access to the software. ContracotrsNZ.co.nz is not in any way responsible for any such interference or prevention of your access or use of the software.

No warranties - ContractorsNZ.co.nz does not offer a warranty for the software. Without limiting the foregoing, ContractorsNZ.co.nz does not warrant that the software will meet your requirements or that it will be suitable for your purposes. To avoid doubt, all implied conditon or warranties are excluded, including (without limitation) warranties of merchantablity, fitness for purpose, title and in-fringements.

Consumer guarantees - You agree and represent that you are acquiring the right to access and use the software and entering this agreement for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees intended to protect individuals do not apply to the supply of the software of this agreement.

11. Limitation of Liablity

To the maximum extent permitted by law, ContractorsNZ.co.nz excludes all libaility and responsibility to you (or any other person) in contract, tort (including negligence) or otherwise, for any loss (including loss of data, profit and savings) or damage resulting, directly or indirectly, from the use of, or reliance on, the software. If you are not satisfied with the software, your sole and exclusive remedy is to terminate this agreement in accordance with clause 10.

12. Registered Contractor

If you have registered your name and skill base with ContractorsNZ.co.nz, the additional terms and conditions set out in clause 12 will also apply.

In putting your details on the site you warrant that all material is not private and is intend for publication and all material is truthful and accurate to the best of your knowledge. You will not use obscene or offensive language or submit any material that is or may potentially be abusive or hateful and an invasion of anyone’s privacy. All material posted on this site will be lawful under national or international law or regulations. You agree not to disclose your login detail to third parties. If you do so you will be in breach of these terms and conditions. You acknowledge that ContractorsNZ.co.nz may change its charges for registration for contractors and these terms and conditions shall be adequate notice to you. You acknowledge and accept that ContractorsNZ.co.nz are entitled to withdraw your name and details from the site in the event of non-payment by you.

13. Termination

This agreement will continue for the period coverd by the access fee paid. This agreement will automatically continue for the same period unless either party terminates this agreement by giving notice to the other party at least 30 days before the end of the relevant payment period. (You may notify info@contractorsnz.co.nz advising of the termination).

Termination for Breach - ContractorsNZ.co.nz may terminate this agreement if any of the following occur. Breach this agreement and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied. Breach this agreement and the breach is not capable of being remedied (which includes any payment more than 30 days overdue; or going into liquidation or has a receiver or manager appointed of any of your assests or become insolvent, or make any arrangement with your creditors, or you are subject to any similar insolvency event in any jurisdiction. Termination of the agreement is without prejudice to the rights and obligations of the parties accrued up to and including the date of termination. On termination of this agreement you will remain liable for any accrued charges and amounts which become due for payment before or after termination and immediately cease to use the software.

14. Help Desk

In the case of technical problems you must make all reasonable efforts to investigate and diagnose problems before contacting ContractorsNZ.co.nz. If you still need technical help, please email us at info@contractorsNZ.co.nz .

15. General

Entire agreement - This agreement supercedes and extinguishes all prior agreements, representation (whether oral or written), and understandings and constitutes the entire agreement between you and ContractorsNZ.co.nz relating to the software and the other matters dealt with in this agreement.

Waiver - If either party waivers any breach of this agreement, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

Delays - Neither party will be liable for any delay or failure in performance of its obligations under this agreement, if the delay or failure is due to any cause outside its reasonal control. This clause does not apply to any obligation to any money.

No Assignment - You may not assign or transfer any rights to any other person.

Governing law and jurisdiction - This agreement is governed by the laws of New Zealand and you hereby submit to the exclusive jurisdicton of the courts of New Zealand for all disputes arising out of or in connection with this agreement, with out reference to any conflict of laws.

Severablity - If any part of provision of this agreement is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible accomplishes the orginal purpose of that part or provision. The remainder of the agreement will be binding on the parties.

Terms and Conditions for promotions on this website

1. These promotion rules apply to all ContractorsNZ promotions conducted by means of any medium. The rules may change from time to time.

2. Entry into the promotion is deemed to be acceptance of the rules and confirmation that the entrant has the necessary authority to enter the promotion.

3. ContractorsNZ reserves the right to exclude any perosn from participating in the promotion on reasonable grounds.

4. ContractorsNZ reserves the right to refuse to award any price to an entrant who ContractorsNZ decided (in its sole discretion) has violated the rules, gained unfair advantage in participation in the promotion or won using fraudulent means.

5. By participating, entrants grant ContractorsNZ exclusive permission to use their names, characters, photographs and likeness in connection with the promotion and for future promotion and marketing purposes and waiver any claims to royalty, right or remuneration for such use.

6. Only the person who orginally entered the promotion can be awarded the prize (’the winner’).

7. The winner will be determined by random draw.

8. The judge’s determination of the winner will be final and no correspondence will be entered into. The winner will be notified by email. The notification must be acknowleged by the winner within two weeks, failure to acknowlege the notification will be regarded as forfeit.

9. The winner takes the prize entirely at his/her risk and indemnifies ContractorsNZ in respect of any claim for any accident, injury, property damage or loss of like that may occur in connection with the prize.

10. ContractorsNZ reserves the right to extend or discontinue a promotion at any stage, for any reason.

11. ContractorsNZ disclaims any responsiblity for the inablity to enter, complete or continue the promotion due to equipment or technical malfunction, Act of God or otherwise.

12. To the fullest extent permitted by law ContractorsNZ will not be liable for any loss or damage whatsoever (inlcuding but not limited to direct or consequential loss) or for personal injury as a result of promotion entry ro winning the promotion prize.

13. Participation in the promotion is deemed acceptance of the terms and conditions.