Contractual Relationship

These Terms of Use (Terms) govern the access or use by you of mobile phone apps, desktop computers, websites, content, products, services and applications generally (Services) made available by Trades’ Up Limited, (Company no 846307) 

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

Your access and use of the Services are deemed to be and constitute your agreement to be bound by these Terms. The Terms establish a contractual relationship between you and Trades Up. If you do not agree to these Terms, you may not access or use the Services.

Trades Up may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason without giving prior notice to you.

Trades Up may amend the Terms related to the Services from time to time. Amendments will be effective upon Trades Up posting of any updated amended Terms on the applicable service. Your continued access or use of the Services after the posting of the updated amended Terms constitutes your consent to be bound by the Terms, as amended and updated.

Our collection and use of personal information in connection with the Services are as provided in Trades Up’s Privacy Policy located on the applicable service. Trades Up may provide to such people or entities as it is required to provide information to under the Privacy Act 2020 or to its insurer, as the case may be, any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you, a Third Party Provider (including a tradesperson or construction company) or Trades Up and the provisions of any such information or data is necessary to resolve the complaint, dispute or conflict.

The Services

The Services constitute a technology platform that enables users of Trades Up’s mobile and desktop applications provided as part of the Services (Application) to arrange and schedule tradespeople’s services with independent third-party providers of such services, including independent third-party tradesperson providers and independent third party logistics providers under agreement with Trades Up or certain Trades Up affiliates (Third Party Providers). Unless otherwise previously agreed by Trades Up in a separate written agreement with you, the Services are made available solely for your personal non-commercial use. 

You acknowledge that Trades Up does not provide tradespeople or logistics services or otherwise does not function as a construction company and that all such tradespeople or logistics services are provided by independent third-party contractors who are not employed by Trades Up.

Licence.

Subject to your compliance with these Terms, Trades Up grants you a limited, non-exclusive, non-sublicencable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Trades Up. 

Intellectual Property

• Trades Up images and logos referenced in the Services and the contents accessed to as part of the Services are subject to intellectual property rights belonging to Trades Up. Other product and business names mentioned therein may be the intellectual property of the respective owners.

• 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 such trademarks, information, images, logos and other intellectual property included as part of the Services. No logo graphic, sound or images included in and part of the Services may be copies or transmitted unless expressly permitted by Trades Up beforehand.

• You agree not to download copy transmit, data-mine, scrape, index, survey or otherwise replicate any of the information included in and as part of the Services, including ratings, blogs and comments for any business or other purposes whether by electronic or other means whatsoever.

Third-Party Services and Content.

The Services may be made available or accessed in connection with third-party services and content (including advertising) that Trades Up does not control. You acknowledge that different terms of use and privacy policies may apply to your use of any third-party services and content. Trades Up does not endorse any third-party services and content and in no event shall Trades Up be responsible or liable for any products or services of any third-party providers. Apple Inc., Google, Inc., or Microsoft Corporation and/or their applicable international subsidiaries and affiliates or similar entities will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android or Microsoft Windows mobile devices and laptop computers. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner whatsoever. Your access to the Services using these devices is subject to terms set forth in the applicable third-party beneficiary’s terms of service.

Ownership

The Services and all rights therein are and shall remain Trades Up’s sole and exclusive property. Neither these Terms nor any amended and updated Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services or (ii) to use or reference in any manner Trades Up’s company names, logos, product and service names, trademarks or services marks whether registered or unregistered.

Your Use of the Services

User Accounts.

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (Account). You must be at least 18 years of age to obtain an Account. Account registration requires you to submit to Trades Up certain personal information, such as your name, address, mobile phone number and NZ driver’s license (front and rear). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, may result in your inability to access and use the Services or Trades Up’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times.

User Requirements and Conduct.

The Service is not available for use by persons under the age of 18. You may not authorise third parties to use your Account and you may not allow persons under the age of 18 to receive goods and services or logistics services from Third Party Providers. You may not assign or otherwise transfer your Account to any other person or entity.

You agree to comply with all applicable New Zealand laws when using the Services, and you may only use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third-Party Provider or any other party. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

Messaging

By creating an Account, you agree that the Service may send you messages as part of the normal business operation of your use of the Service. You may opt out of receiving messages from Trades Up at any time by using the Unsubscribe function on the Application. 

User-Provided Content.

Performance Ratings

You acknowledge that Trades Up provides an APP platform upon

which the performance of Third Party services can be rated by

their customers/clients. 

After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third-Party Provider.

When posting ratings and/or comments, you warrant that:

i. You have engaged this Third-Party Provider to work for you;

ii. The statements of fact reflected in the ratings and/or comments posted by you are true and are genuinely and honestly held by you;

iii. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, untruthful in any way whatsoever or otherwise offensive, as determined by Trades Up in its sole discretion, whether or not such material may be protected by law. Trades Up may, but shall not be obligated to, review, monitor, or remove User Content, at Trades Up’s sole discretion and at any time and for any reason, without notice to you. 

iv. Trades Up does not necessarily endorse, support, sanction, encourage, verify or agree with the ratings and/or comments posted by users of the Service.

v. The work reviewed was completed within the 12 months prior to posting the review or within any warranty period offered by the business for the work completed unless otherwise covered by the Consumer Guarantees Act 1993.

Trades Up 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 in the sole 

discretion of Trades Up be reinstated when sufficient evidence has 

been provided.

Network Access and Devices.

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Trades Up does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent to the use of the Internet and electronic communications from time to time.

Payment

Trades Up does not impose any charges on its use of the Services. However, as between you and Trades Up, Trades Up reserves the right to establish charges for any or all services or goods obtained through the use of the Services at any time at Trades Up’s sole discretion. In the event that charges are to be imposed amended and updated Terms shall be posted.

Disclaimers; Limitation of Liability.

DISCLAIMER

The Services are provided “As Is”, “As Available” and on a caveat emptor basis.  Trades Up disclaims all representations and warranties, express, implied or statutorily, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Trades Up gives no warranties whatsoever as to the workmanship, trade practices or craftsmanship of any third-party providers. In addition, Trades Up makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Services or any services or goods requested through the use of the services, or that the Services will be uninterrupted maintenance or error-free. Trades Up does not guarantee the quality, suitability, safety or ability of Third-Party Providers either as to services or materials supplied. You agree that the entire risk arising out of your use of the Services and any service or goods requested in connection therewith, remains solely with you, to the maximum extent permitted under New Zealand Law

LIMITATION OF LIABILITY

Trades Up shall not be liable for indirect, incidental, special, exemplary, punitive or consequential losses or damages, including lost profits, lost data, personal injury or property damage (directly or indirectly) related to, in connection with, or otherwise resulting from any use of the Services, even if Trades Up has been advised of the possibility of such damages. Trades Up shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the services or your inability to access or use the Services; or (ii) any transaction or relationship between you and any Third- Party Provider. Trades Up shall not be liable for delay or failure in performance resulting from causes beyond Trades Up’s reasonable control. 

INDEMNITY

You agree to and do hereby irrevocably indemnify and hold Trades Up and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including legal fees on a solicitor/client basis and disbursements) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Trades Up’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.

Governing Jurisdiction

This agreement is governed by the laws in force in New Zealand. You irrevocably submit to the exclusive jurisdiction of the Courts of New Zealand.

We make no representation that materials on this Application are appropriate or available for use in locations outside New Zealand, and do not authorise access to them from countries apart from New Zealand. 

Other Provisions

Force Majeure

Neither the Service or Third-Party Provider 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, interruptions of transportation or communications, supply shortages or delays or the failure of any third party to perform any commitment relative to the production or delivery of any service, materials or equipment required for such  party to perform its obligations hereunder.