Terms of use

Terms of use

Welcome to the NZ Trade Group Website. Your access to and use of the Website is subject to the following notices, disclaimers and terms and conditions. These terms and conditions may be changed at any time and any such changes will be notified on the Website.

Definitions

In these terms and conditions, unless the context otherwise requires, the following expressions have the following meanings:

  1. “Content” means all Trade Marks, text, graphical and other visual content, as well as all audio content and other information contained in our Website;
  2. “NZ Trade Group”, “we”, “our” and “us” shall mean NZ Trade Group;
  3. “Member” or “Members” means a contractor or contractors who have entered into a Membership Agreement with NZ Trade Group.
  4. “Terms and Conditions” means these terms and conditions;
  5. “Trademarks” means all of our trademarks, whether registered or unregistered;
  6. “Website” means this internet site operated by us;
  7. “you” means you the user of this Website, whether an individual, a company, or any other form of entity.

Use of our website

The Website is operated by us. By using the Website, you agree to these Terms and Conditions. If you disagree with any of these terms and conditions, you should not use the Website.

By using the Website you acknowledge that you have read, understood and accepted these Terms and Conditions and agree to be bound by them.

As a condition of use of the Website, you agree:

  1. Not to disrupt activity online;
  2. Not to use the Website for commercial gain or purposes, to make any fraudulent reservation or any reservation in anticipation of demand;
  3. To ensure that the Website is not used for any illegal activity or which may expose us to potential litigation including (but not limited to) copyright and trade mark infringement; and
  4. Not to introduce anything harmful or destructive (such as viruses) to, or interfere in any way with the normal operation of the Website.

Aquisition of services through the website

We act as facilitator between members of the public and Members. As such, we are not liable for:

  1. Any claims made by you against any Member for any non-performance or unsatisfactory performance in relation to any contract entered into between you and any Member;
  2. Any claims made by you against any Member for inaccurate material or information supplied by any Member;
  3. Any declaration of bankruptcy or similar event in respect of any Member; and
  4. Any loss or damage to you, your business or delays or disruptions as a result of any Member’s non-performance.

Limitation of liability

All representations or terms (including any condition or warranty expressed or implied by law, statute or otherwise) not expressly included in these terms and conditions are hereby expressly excluded. You acknowledge that you have not relied on any representation or statement made by us other than the express provisions of these Terms and Conditions.

The Content, material and information provided on the Website is supplied upon the condition that you will make your own determination as to the suitability of any Member.

While we endeavour to keep the Website operational 24 hours a day 7 days a week, we cannot guarantee that no interruptions will occur or that it will be error-free. We will not be liable for any damages, loss or injury, including, but not limited to special or consequential damages that result from the use of or the inability to use, the Website and the information in this Website.

Under no circumstances will we be liable to you or any third party claiming through you for any loss of profits, contract, indirect or consequential loss of any kind whatsoever, nor for any special, indirect, consequential or punitive damages.

Nothing contained in the Website shall be construed as a recommendation to enter into any agreement with any Member.

Copyright and use of materials

Unless otherwise specified, we are the owner of, or possess rights in respect of the copyright in, or possess a license to use the Content and materials appearing on the Website, including the text, site design, logos, graphics, audio clips, video clips, and images, as well as the collection, assembly and arrangement of those items. Any unlawful use of materials on this site including any unauthorised reproduction, modification, distribution, or republication, without our prior written permission is strictly prohibited.

You may use the Content of the Website only for the purposes of reading the Website. All rights not expressly granted herein are reserved. Any unauthorised use of the Content appearing on the Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Material from the Website may not be copied, reproduced, distributed, modified, published, uploaded, posted, or transmitted in any way, without our prior written consent.

Modification, distribution, or use of the material contained in our Website for any purposes other than for your personal use directly violates our intellectual property rights. The material contained within this site is copyrighted and protected by world-wide copyright laws and treaty provisions, even if it is not stated to be so protected and is provided for lawful purposes only.

You indemnify us and our officers and employees from any claim made by any third party against us, our officers or employees, due to or arising out of your use of the Website or your use of any Content and materials appearing on the Website.

Disclaimer

The information on the Website is provided for guidance only and is presented in good faith and believed to be correct as at the date on which they are prepared. Nothing contained in the Website should be construed as a recommendation to enter into any agreement with any Member. We make no warranties or representations about the accuracy or completeness of this Website, its content or the content of any website “hypertext linked” to or from this Website. We reserve the right, but make no binding commitment, to update the information contained in the Website at any time, without notice.

We do not warrant that the Website, its servers or any email sent from us is free of viruses or other harmful components.

Applicable laws

These Terms and Conditions shall be governed by and construed in accordance with the laws of New Zealand and shall be subject to the exclusive jurisdiction of the New Zealand Courts.

The Website is controlled and operated by us, from our offices within New Zealand. We make no representation or warranty that the information on this Website is appropriate. We accept no liability whatsoever to you in respect of such matters.

If you choose to access the Website from outside of New Zealand, you are solely responsible for compliance with applicable local laws and we make no warranty or representation that the information complies with any laws, rules, regulations, procedures, codes or governmental directives, outside of the jurisdiction of New Zealand.

Trademarks

We use a substantial number of trademarks and service marks on the Website. These trademarks and service marks may not be used or reproduced without our prior written permission.

General

If any provision of these Terms and Conditions are held by any competent authority to be invalid or unenforceable in whole or in party, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.

The headings to the clauses of these Terms and Conditions are for ease of reference only and shall not affect the interpretation or construction of these Terms and Conditions.

If the performance of our obligations under these Terms and Conditions is prevented by reason of "force majeure" (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, act of war, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of the Website, delay in performance, electricity or communications failures, or other causes whatsoever (whether similar to the foregoing or not) beyond our reasonable control of) we shall be excused from such performance to the extent of such prevention.

From time to time we may vary these Terms and Conditions without notice. Please check these Terms and Conditions periodically for changes. Your continued use of the Website after the Terms and Conditions have been changed indicates your acceptance of those changes.

We may terminate the Terms and Conditions and/or the provision of the Website at any time for cause, including any improper use of the Website or your failure to comply with these Terms and Conditions.

We may assign our rights pursuant to these Terms and Conditions.

Privacy policy

The Privacy Act 1993 applies to the collection, use, storage and disclosure of information that you provide to us when accessing this Website.

We may hold information relating to you that you have provided to us or that we may have obtained from another source.

This information may include, amongst other information, your name, address, telephone numbers, information on the type of services you provide through the Website, information on your browsing activity on the Website, and any other information collected in relation to use of the Website.

Your information may be held and used by us for a number of purposes connected with our business operations and functions, which include:

  1. Registering your details on our database;
  2. Dealing with requests, enquiries or complaints and other customer-care related activities and all other general administrative and business purposes;
  3. Carrying out market analysis and marketing our company generally;
  4. Carrying out any activity in connection with a legal, governmental or regulatory requirement on us or in connection with legal proceedings, crime or fraud prevention, detection or prosecution; and
  5. Carrying out activities connected with the running of our business such as personnel training, quality control, network monitoring, testing and maintenance of computer and other systems and in connection with the transfer of any part of our business in respect of which you are a customer or a potential customer.

This Policy does not affect your rights under the Privacy Act 1993. This notice is provided for your information and is not intended to limit or exclude your rights under the Privacy Act 1993.