Terms & Conditions

TRADE PROFESSIONALS TERMS AND CONDITIONS OF USE

These Terms and Conditions were last updated on 20 April 2010.

1.    Trade professionals specifically acknowledge that the Consumer Guarantees Act 1993 does not apply to the service offered by Tradebox to trade professionals.

2.    This agreement is made on the date that your membership is approved and activated by Tradebox Limited set out between the Trade Professional (As specified in the application form) and Tradebox Limited hereafter referred to as “Tradebox”.

3.    By clicking on the ‘Finish’ button on the online sign up form, the Trade Professional confirms they have the authority to enter into this agreement and the details provided within the application are accurate and that all relevant information has been disclosed. The Trade Professional shall inform Tradebox in writing of any changes to the Application information within 28 days of the change occurring. The Trade Professional may change its selection of Job Request Forms, Geographical Coverage Areas, Company and Personal details and Web Page Profile details without charge. Should this application be refused, Tradebox is under no obligation whatsoever to give the reason for the refusal.

4.    The Trade Professional is automatically signed up as a Customer/User, when their membership of Tradebox is activated. The Trade Professional may use this service without charge upon logging in with the same username and password on the Customer/User or Homeowner portion of the website. The Trade Professional hereby confirms that they have read the ‘The Tradebox Customer Online Terms and Conditions’ and ‘Tradebox Online Privacy Statement’ and Agree with all the Conditions therein by clicking the ‘Finish’ button at the end of the online application form.

5.    Definitions of terms contained on this Agreement:

Customer/User – The person or company who uses the Site’s web pages and who may then make a job request using the Job Form.

Job Request Form - Online form allowing the Customer/User to submit a Job Request by submitting his or her criteria or job details.

Job Lead – The Job Details data submitted on the Form that is matched to the Trade Professional’s selected Job Criteria.

Invalid Job Lead- Where a Customer/User has submitted false or misleading data via the Form.

Trade Professional – You the purchaser of Job Leads.

6.    The Trade Professional requires that Tradebox supply Job Leads for the Job Request Forms and Selection Criteria, and in the geographical areas specified in this agreement.

7.    Tradebox undertakes to ensure that the selection of Trade Professionals is made independently and impartially according to the suitability of the products and services offered by the Trade Professionals and the requests made by the Customers.

8.    No warranties

Whilst every effort is made to assess the Customer/User and their Job Request via the Site the Trade Professional agrees not to hold Tradebox responsible for false information and/or Job Request passed on to the Trade Professional nor for any consequential damages that result, whether direct or indirect.

9.    Tradebox makes no representation or warranty either expressed or implied and disclaims all liability, as to the fitness, quality, delivery, prices or terms of any lead transactions.

10.  Tradebox agrees to send a particular Job Lead to a maximum of four Trade Professionals in the General Match Service and only to the one Trade Professional as selected by Customers/Users in the Direct Match Service where the Customers click directly through your directory listings. 

 

11.  Tradebox sole obligation is to put the Customer/User in contact with the Trade Professional. All interaction with the Customer relating to winning the Job, contractual arrangements relating to the Job, access to the site, payment and warranty are entirely between you and the Customer. Tradebox will not intervene in any subsequent negotiations between the Customer/user and Trade Professional and will be under no circumstances be held responsible for any disagreement that may occur between them during the negotiations and/or the provision of products or services. Tradebox takes no further part in the Job other than reserving the right to follow up with the Customer as part of its feedback/satisfaction processes.

12.  The Trade Professional may suspend Job Leads for a maximum of 12 weeks in a 12 month period at any time and without charge. The request to suspend Job Leads made by telephone or email must be confirmed by a Tradebox representative to be deemed valid.

13.   Tradebox reserves the right to change the structure of this Site at any moment.

14.   Changes to your account: If you require any changes to your chosen criteria, via email to admin@tradebox.co.nz. You must allow a period of 72 hours before the change will be active. Any leads received in this period will not be credited if they fit your previous criteria. Once the changes have been made to your account you will receive an email to advise you. If you do not have confirmation of this within the 72 working hours please contact customer services on 0800 872 332 69.

15.   Fees and Charges   

 

15.1 All lead fees are inclusive of GST and in New Zealand dollars, no interest will be applied to your Tradebox account.

15.2 Before select any trade categories or services/activities you would like to receive leads in, you should review Tradebox’s fees to ensure you are aware of the fees that you will incur. You must pay the fees immediately upon demand by Tradebox.

15.3 Lead Fee.  Each time you are referred a Job lead while having opted in and with auto-accept ‘on’, you are deemed to have accepted the job lead or job opportunity whereupon you immediately become liable to pay the Lead Fee.  Even if you decline the Lead, it will still be chargeable to you.

      

15.4 Tradebox shall be entitled to charge the Lead Fee to your account with Tradebox. And upon your account having a negative balance, your account will be disabled until you purchase more credit.

 

15.5 With regard to prepay packs purchased by Trade Professionals may be used for a period of 12 months from the date of payment (the Validity Period). At the end of the Validity Period, unused credits will be forfeited by Trade Professional and definitively withdrawn from the Trade Professional’s account unless the Trade Professional purchases a new prepay pack before the end of the Validity Period, in which case the new expiry date for all credits will be 12 months from the most recent date of purchase of the prepay pack, or unless the Trade Professional has received less than 50 Job Requests during the period of validity of the prepay pack, in which case the period of validity will be extended by 12 months. In all cases, all job leads purchased by a Trade Professional will not be refunded during or after the Validity Period for any reason whatsoever.

15.6 Job Lead Crediting Procedure: We will accept the following reasons for a Job Lead to be rejected as long as we are informed within 48 hours of you receiving the Job Lead:

•  Hoax Lead
•  Incorrect contact information (ie incorrect phone number)
•  Duplication
•  Incorrect Job Request Form used

All queried leads will be verified. To reject the lead you must forward the lead with the reason and any accompanying proof by email to admin@tradebox.co.nz. You must also allow 48 working hours to verify your reason for rejection and to credit your account if appropriate. If it is decided that a credit will not be raised you will be informed by email.

    

15.7 Each Job Request Form is linked to a price at which the Job Lead is deducted from the   Trade Professional’s account upon the lead being accepted. The price reflects the job size, type and category of Trade or Service. Tradebox may revise the price after having notified the Trade Professional 28 days before the changes come into force.

15.8 The Trade Professional specifically acknowledge that the Tradebox Job Lead Fee is in full payment for the opportunity to quote to the Customer for the particular Job on offer and that you will not, either directly or indirectly, make any claim whatsoever on the Customer for the proposal opportunity.

15.9 Current fees and charges can be found on the 'trade professional' website pages. Tradebox reserves the right to vary fees and charges or to introduce new fees or charges at any time, upon reasonable notice posted in advance on this Site.

15.10 You must settle any negative account balance immediately. Tradebox reserves the right to take action against you to recover outstanding debts. You are liable for all expenses (including legal fees) that Tradebox incurs when collecting that debt.

 

15.11 If your membership is terminated Tradebox will refund the balance of your credit account, less a $5 manual processing fee that is payable to Tradebox. Consequently, no refund will be made if the account balance is below $5. If your membership is removed due to breach of our terms and conditions it is at our discretion whether you are eligible for a refund. Promotional giveaways of Tradebox credits, bonus credits, or any free credits gifted to the member will not be refunded.

 

16.   Quoting, Winning the Business and Completing the Job

Trade Professionals undertakes to provide the Customer/User with the best possible service and to complete all work arranged. Tradebox cannot be held in any way responsible should the Trade Professional fail to fulfil any of its obligations to a user. The Trade Professional agrees to the following:

a) Respond within one hour for emergency Job Leads and within 72 hours for all other Job Leads even where a negative reply is required. Allowances will be made for public holidays.

b) Provide a written quotation before the work is undertaken

c) Where additional work not stated on the written quotation is required, this excess will be confirmed by the Trade Professional to the Customer in writing.

d) Provide an Invoice that conforms to the written quotation and any subsequent agreed excess

e) Undertake the work on the dates and within the time frames arranged.

f) Respect the current standards of work and employ competent staff

g) Leave the work site in a clean and tidy state (if applicable)

A reminder message will be sent after 48 hours of a Job Lead being sent out. There will not be any reminder messages sent for emergency jobs nor to those that accept leads wile in preview status (auto-accpet ‘off’).  If you fail to respond within one hour for emergency jobs and 72 hours for other jobs, Tradebox reserves the right to send the lead to another Trade Professional only upon the request of the customer.  Payments made for leads are non-refundable.

17.   Use of Sub-Contractors

You may use suitably qualified Sub-Contractors to complete any work that has been gained through the Services of Tradebox under the following conditions:

a) You remain fully responsible for all activities undertaken including workmanship, guarantees, warranties and fees payable to Tradebox for any and all work carried out by Sub-Contractors on your behalf.

b) Your Guarantees and warranties must relate to all work carried out by Sub-Contractors and include all products and goods either supplied by them or by you to them to undertake the work.

18.   Website Advertising

Tradebox may promote certain products or services by way of advertising on the Website. Any interaction between you, the advertisers, or users of the Website, including the delivery of goods or services, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser, or user. You agree not to hold Tradebox liable for any loss or damage howsoever incurred as the result of any such dealings or as a result of the presence of such advertisers, or users on the Website.

19.   Feedback/Customer Satisfaction

You acknowledge that Customers are encouraged to provide feedback about trade professionals with whom they have been matched to. You agree to be rated by Customers using criteria determined by Tradebox. Tradebox may make such information available to prospective Customers as it deems fit. You agree NOT to take any actions that undermine the integrity of the feedback system.

Tradebox reserves the right, but not the obligation, to refuse to post or to remove any feedback/review if Tardebox determines (in its sole discretion) that it contains or features any of the following:

1. Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities , an invasion of anyone’s privacy, 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.
2. References to illegal activity.
3. Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
4. Language that violates the standards of good taste or the standards of this Site.
5. Comments concerning a different Service Professional.
6. Information not related to work requested in the service request.
7. Information including any contact details or personal information in your feedback.
8. Statements that are or appear to be false.
9. Comments that disparage Tradebox.

 

Further, the reviewer must provide permission to Tradebox to contact the Service Professional about his or her work request. If a dispute arises between a customer and trade professional, the feedback/rating submitted may be held in pending status until resolution is reached.

Feedback/Ratings & Reviews are not endorsed by Tradebox.co.nz
All Feedback/Ratings and Reviews of a Trade Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of Tradebox. Tradebox disclaims any and all representations or warranties with regard to the Feedback/Ratings and Reviews.

Reviews do not reflect the views of Tradebox; its parent, subsidiary or affiliated companies; or its employees, officers, directors, or shareholders.

Tradebox does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.

20.   Username and Password

20.1 Where you are issued with a Username and Password for accessing the Website, you accept responsibility for safeguarding these.

20.2 Any access to the Website using a Username and Password supplied by Tradebox is subject to these Terms and Conditions.

20.3 If your Username and Password are divulged to any third party, Tradebox shall not be liable for any consequences thereof.

21.   User Obligations

You agree not to do any of the following while using the Website:

a) Violate any applicable law or regulation.

b) Access, tamper with or use non-authorised areas of the Website.

c) Tamper with postings of other users.

d) Post logos, seals or slogans from third parties on any part of the Website unless they are provided by Tradebox.

e) Solicit or gather any user's information available from the Website, such as other users' names and email addresses, for any commercial or business purposes or to transmit any unsolicited advertising, junk mail, spam or chain letters.

f) Do anything that would impose a disproportionately large burden or load on the Website.

g) Impersonate or misrepresent your affiliation with any person or entity.

h) Post false or misleading information about a product, service or service request.

i) Post or transmit any Website Content that infringes a third party's intellectual property rights or rights of publicity or privacy.

j) Post or transmit any Website Content that is unlawful, untrue, fraudulent, harassing, libelous, defamatory, abusive, threatening, pornographic, harmful (including but not limited to viruses, corrupted files, or any other similar software or programs), overly disparaging or deprecating of Tradebox or other users or otherwise objectionable.

You agree to indemnify and keep Tradebox indemnified against all claims, damages or losses howsoever arising from your breach of any obligations herein stated or from your breach of any of the terms and conditions contained herein.

22.   Suspension/Termination

Without limiting Tradebox's other remedies, Tradebox may suspend membership, issue a warning and/or refuse to provide any Services to you if you breach any terms of the agreement or any of these Terms and Conditions including any written policies and procedures notified to you from time to time.

23.   Cancellation

To cancel your membership contact Customer Service, email: admin@tradebox.co.nz or write to:

Tradebox Ltd

PO Box 21-991

Henderson

Auckland

24.   Notices

Tradebox will provide notices to you by email and you agree to check your email service for notices.  You may request other forms of notice delivery by written notification to Tradebox. You will be considered to have received a notice when it is emailed to you.

25.   Tradebox memberships are not transferable and therefore cannot be sold, assigned or traded.

26.   The Trade Professional may use the Tradebox logo to assist in its promotion. In the event that the membership is terminated, the Trade Professional agrees to cease using and to remove the Tradebox logo from its promotions immediately.

27.   The Trade Professional hereby gives consent to Tradebox to carry out relevant searches on any or all individuals or trading styles of your business at any home or business address associated with the company, with any credit reference agency that we deem appropriate. Such credit agencies may keep a record of that search and may share that information with other parties.

28.   If any provision in this Agreement should be held to be invalid such provision shall be severed and the remaining provisions shall continue to have full force and effect.

29.   This Agreement is governed by the Laws of New Zealand.

30.  This Agreement constitutes the entire Agreement between the Trade Professional and Tradebox and no representation, statement, warranty or condition not expressly contained in this Agreement or incorporated herein by reference shall be binding upon Tradebox as a warranty or otherwise.

 

 

 

 

 

 

 

TRADEBOX CUSTOMER ONLINE TERMS AND CONDITIONS

Welcome to Tradebox.co.nz!

This website, any web page, its services and contents hereof are provided by www.tradebox.co.nz and Tradebox Ltd (“Tradebox”) to you, (the “website”). The use of the website is conditional on your acceptance without modification, of the following terms, conditions, and notices contained herein (the "Terms and Conditions"). By accessing and using this website you agree to be bound by the terms, conditions and notices below.

These Terms and Conditions may be changed or amended at any time at the sole and absolute discretion of Tradebox. Any changes or amendments will be posted at the bottom of this page for public view and shall be deemed effective 30 days from the date of posting.

1. INTRODUCTION TO TRADEBOX.

Tradebox reserves the right to modify, revise or replace the contents of this website including without limitation to the Terms and Conditions herein.

2. ACCESS TO WEBSITE

Customers / homeowners

You may gain access to Tradebox services through the website and third party sites to which its links are provided to you only through the use of your email address and your chosen or Tradebox assigned password.

Breach of security

If you have reason to believe that the security of your password has been compromised you shall forthwith take all steps to change it at Tradebox or the website, or at such websites as may be directed. You shall remain liable for any unauthorised use of the website until the aforesaid change is effected.

 

Security of your login information

You are responsible for keeping your login information including your email address and password, secret and secure. Without limiting the foregoing you agree:

a) Not to permit any other person to use your name or membership and

b) Not to disclose or provide to any other person, your password, email address or any information that may allow them to gain access to your membership

Becoming a member

Becoming a member is free. You may only register as a member if you are: (a) resident in New Zealand or Australia; (b) at least 18 years of age; and (c) can legally enter into a binding contract that is enforceable against you. By registering you warrant you can form a legally binding contract.

 

3. TRADEBOX SERVICES.

At Tradebox we are committed to making your total Tradebox experience a positive one. Upon entering your information and the job request for which you would like a trade professional, we will provide you with a list of up to four trade professionals in your area, if any, who may be interested in fulfilling your job requirements (“Tradebox Services”).

In doing so, Tradebox does not guarantee that we will be able to match your service needs with a trade professional or that there are trade professionals in your area that either are capable or willing to complete your service needs.

Although we take certain steps to examine the credentials of our listed trade professionals, we make no guarantees or representations regarding the skills or representations of such trade professional or the quality of the job that he or she may perform for you if you elect to retain their services.

Tradebox does not endorse or recommend the services of any particular trade professional. You are at liberty to enter into a direct contract with any trade professional that Tradebox refers to you. Tradebox is not a party to any such contract and is not to be included or mentioned in any such contract.

The trade professionals are not employees or agents of Tradebox, nor is Tradebox an agent of the trade professionals.

Your rights under contracts you enter into with trade professionals are governed by the terms of such contracts and by applicable laws. Should you have a dispute with any trade professional, you must address such dispute with the trade professional directly.

Feedback, ratings and reviews

You must provide feedback, rating and reviews about the trade professional you have used or any trade professionals that you have been matched up with. Tradebox will use this information to monitor the performance and continued membership of trade professionals.

4. INFORMATION YOU PROVIDE TO US

Upon using the Tradebox services, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as job or services records, on the website. This information will be sent to trade professionals or to other persons or entities in connection with Tradebox Services to respond to you.

By providing this information to us, or by submitting a job request, you are requesting for Tradebox Services, and you expressly consent to being contacted by us and by our trade professionals and providers via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any public or private  "Do Not Call" list, in order that we may provide the services set forth on the website, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to your service request and our business, including marketing related emails. For complete details on our use of your information, please see our privacy statement.

You undertake that all information you provide will be accurate, current and correct. If you provide any information that is found to be inaccurate, untrue, or false, or if Tradebox has reasonable grounds to suspect that such information is inaccurate, untrue or false, Tradebox has the right to refuse any current or future use of the Tradebox Services (or any portion thereof) by you.

To knowingly input false information, including but not limited to name, phone number, address or email address is a very serious and fraudulent matter that could result in significant costs and damages including invasion of privacy rights, to Tradebox and its trade professional partners, and to consumers as well as the loss of time, effort and expense responding to and pursuing such false information and request, and further, could result in regulatory fines and penalties. Accordingly, if you knowingly input false information in a job or service request, including but not limited to some one else’s name, email address, physical address or phone number or a random or made up name, address, email or phone number you agree to fully indemnify and be liable to Tradebox and each Tradebox Trade professional partner who accepts such job service requests, for the greater of: (1) A minimum amount of $11 000 to Tradebox and each of the affected Trade professional and for each of the actual person(s) affected by any of the improper, incorrect or fraudulent information you enter (for example the actual owner of the email address or phone number, etc.) per improper submission, plus any legal fees, costs and expenses relating thereto, if applicable, and (2) The actual damages, direct, punitive and consequential, and any regulatory or court fines or penalties that may arise from such intentional, misleading, harmful and fraudulent activity, plus reasonable legal fees, cost and expenses relating thereto.

5. YOUR USE OF THE TRADEBOX SERVICES

You acknowledge and agree that your use of the Tradebox Services is for your personal use and not for any commercial or advertising purposes. You agree that all the contents and information posted on the website, including but not limited to Trade professional profiles, screening information, and ratings & feedback (including any ratings and reviews provided by you), is the sole and exclusive property of Tradebox, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to Tradebox for any such damages, and will indemnify Tradebox in the event of any third party claims against Tradebox based on or arising from your violation of the foregoing.

We reserve the right to revoke your access to the website and Tradebox Services at any time.

All information about trade professionals are confidential and for your personal use only. If it is determined or suspected by Tradebox in its sole discretion that you are misusing or attempting to misuse or circumvent the Tradebox Services or system, or are using or attempting to use them for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, Tradebox reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.

All job requests, quotes or communications made through Tradebox shall be in good faith.

You must not attempt to damage, interfere or harm the website or services or any network or system underlying or connected to them, including using a robot, spider, scraper or other automated means to access the website or information feature on it for any purpose.

6. SUSPENSION / TERMINATION AND CANCELLATION

Without limiting Tradebox's other remedies, Tradebox may suspend membership, issue a warning and/or refuse to provide any Services to you if you breach any terms of the agreement or any of these Terms and Conditions including any written policies and procedures notified to you from time to time.

Cancellation

To cancel your membership contact Customer Service, or write to:

Tradebox Ltd

PO Box 21-991

Henderson

Auckland

7. NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON   THIS WEB SITE

Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the Tradebox server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the website is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any documents are made. Educational institutions may download and reproduce the documents for distribution in the classroom. Distribution outside the classroom requires express written permission of Tradebox. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the website or any other Tradebox owned, operated, licensed or controlled site. Elements of the website are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the website may be copied or retransmitted unless expressly permitted by Tradebox.

LINKS TO THIRD PARTY SITES. The links in the website will let you leave the website. The linked sites are not under the control of Tradebox and Tradebox is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Tradebox is not responsible for webcasting or any other form of transmission received from any linked site. Tradebox is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Tradebox of the site.

8. TRADE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS.

Tradebox.co.nz uses the following criteria as part of its registration enrolment process ("registration") for new trade professionals applying for membership in our network:

Licensing - Tradebox confirms at the time of a trade professionals registration, that prospective new trade professional members have all applicable and compulsory national and local government trade licensing.

Legal - Tradebox utilises third party services that record legal information to check for significant legal judgments entered against a prospective new trade professional member by business customers within the three years prior to such trade professional's registration. Tradebox does not make any representations or warranties as to the accuracy or completeness of the information provided by the third party services.

Industry experience and workmanship guarantee -  Tradebox confirms that at the time of a trade professionals registration, that the prospective new trade professional members have at least 3 years relevant industry experience and that the trade professional will guarantee your work for at least 12 months or more.

NOTE: Member trade professional information confirmed as described above may change or expire over time; while Tradebox attempts to maintain accurate and up-to-date information, and confirms changes when notified, we cannot guarantee that profile and screening information is accurate at all times. Therefore, Tradebox recommends that before working with a trade professional you verify that information presented is still current and/or acceptable to you.

Trade Professionals Profiles: Tradebox allows Trade professionals to post profiles about themselves and their businesses on the website. Tradebox does not review or verify the information or representations set forth in those profiles, except as expressly set forth above.

The above procedures may change from time to time at the sole discretion of Tradebox. Tradebox believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members are appropriately licensed, free of bankruptcies or civil or criminal legal judgments, or carry appropriate general and public liability insurance either at the time of registration, during the period they are members, or thereafter. As circumstances may vary, Tradebox advises you to satisfy yourself as to the accuracy of the information provided by the Trade Professional. Tradebox does not represent or warrant that the information received from third party sources are accurate, error free, or that it is up to date or updated at the time that Tradebox checks such information. Most agencies have periodic update cycles or schedules and this information is not usually updated on a real-time basis by the relevant agencies and third party sources, without prejudice to clause 3 herein, in the event of any dispute with a Trade Professional.

 

9. RESOLUTION PROCESS

Tradebox has developed a resolution process to assist you in resolving any disputes arising from your job or service request. Under the circumstances more fully described herein and upon completion of all required procedures, we may, at your request, provide limited assistance in resolving disputes between you and a trade professional. You must participate and use good faith efforts to resolve problems through the Tradebox resolution process. If, in its sole discretion, Tradebox determines that you have not participated and cooperated in good faith in the resolution process, Tradebox may terminate such Resolution Process.

10. DISCLAIMER: (OUR PRESCREENING)

TRADEBOX EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE PRESCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE PRESCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.

INDEMNIFICATION. YOU AGREE TO INDEMNIFY TRADEBOX, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING LEGAL FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE TRADEBOX SERVICES OR IN CONNECTION WITH THE TRADEBOX WEB SITE OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.

GENERAL PROVISIONS. You acknowledge and agree that the Tradebox Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and Tradebox's sole obligation to you or any third party for any claim arising out of your use of the Tradebox services or the Tradebox Web site, is that you are free to discontinue your use of the Tradebox services or the website at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, TRADEBOX EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT TRADEBOX SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF TRADEBOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. The Terms and Conditions will inure to the benefit of Tradebox's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of Tradebox to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Tradebox services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.

TRADEBOX ONLINE PRIVACY STATEMENT

As a Tradebox user, you are in control of all your home improvement requirements. We know you want to remain in control of your personal information as well. As one on the pioneers in online home improvement portal, we realize that earning and retaining your trust is of paramount importance and it is a responsibility we take seriously. That is why we have provided this Privacy policy, which sets forth our policies regarding the collection, use and protection of the personal information of those using the Tradebox website. Personal information means information that can be linked to a specific individual, such as name, address, telephone numbers, email addresses and credit card number.

We encourage you to review our Privacy policy and become familiar with it but should know that we do not sell or rent our visitors’ personal information to third parties.

Please note that we review our privacy policy from time to time, and we may make periodic changes to the policy in connection with that review. Therefore, you may wish to bookmark this page and/or periodically review this page to make sure that you have the current version.

WHAT PERSONAL INFORMATION DOES TRADEBOX GATHER FROM ME AND HOW IS THIS INFORMATION USED

When browsing our site you are not required to provide any personal information unless and until you choose to check detailed information or sign up for one of our services or other services described below. We do not knowingly permit the site to be used by any person under the age of fourteen and we do not knowingly collect by any personal information from children (meaning those younger than 18 years of age).

MEMBER REGISTRATION AND TRADE PROFESSIONAL ENROLMENT

In order to complete a job request or to enrol as a prospective trade professional, you need to complete a registration form. During registration you will be required to provide your name, address, landline phone and fax, mobile number, email address, a unique login name, and password to help you remember your password.

This information is collected on the registration form for the following reasons:

• Personal identification
• Contact you about services on our site for which you have expressed interest
• Inform trade professionals of leads, and/or inform members about trade professionals they are matched to
• Customise the content of our site to meet your specific needs
• Make improvements to our site

As a Tradebox member, you will also occasionally receive updates from us about latest promotion in your area, special offers, new Tradebox services and other noteworthy information. However, you may choose at any time to no longer receive these messages

By providing this information to us, or by submitting a job request, you expressly consent to being contacted by us and by our trade professionals via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, in order that we may provide the services set forth on our Web site, service your account, reasonably address matters pertaining to your account or for other reasonable purposes related to our business. We also require a trade professional's registered company name or personal name and references to complete a background check, prior to a trade professional being approved to join our network.

 

JOB REQUEST

We request information from the consumer in our job request interview process. A user must provide detailed information about the job requested. No financial information (such as credit card number, expiration date) is collected from the consumer. This information is used to match consumers with appropriate trade professionals. The information may also be used to contact the consumer to verify or clarify their service request or to customise the consumer's Web site experience or future Tradebox communication.

FEEDBACK, RATINGS AND REVIEWS AND TESTIMONIALS

Additionally, we collect feedback from users (called feedback and reviews) about the performance of Trade Professionals who work for them. We also collect general feedback and testimonials from users of our service and system. By providing such feedback to us, you consent to our use, publication and/or distribution of such feedback at no compensation to you, and if you are a Trade Professional in our system, you acknowledge that all such ratings and reviews are solely owned by Tradebox, and you consent to the publication of ratings and reviews about you and your business.

COOKIES
A cookie is a piece of data tied to information about the user and stored on the user's computer. This is widely used among major websites. A cookie does not provide us with any personally identifiable information. It does provide details of your IP address, the computer platform that you use (e.g. Mac or Windows), the browser that you use (e.g. Microsoft Explorer or Netscape) and what domain you are accessing our sites from.

By accepting the cookie, you don’t have to log in with a password more than once, thereby saving time while on our Web site. We can also ensure that you the most relevant content shown and allow us to track traffic patterns to Tradebox.

If you would rather we did not use cookies with you, you can refuse them by turning them off in your browser and/or deleting them from your hard drive. The drawback to this is that your experience and/or access may be limited in some areas of our Web site.

LOG FILES

Like most standard Web site servers we use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyse trends, administer the Web site, track user's movement in the aggregate, and gather broad demographic information for aggregate use.

WHO WE SHARE THIS INFORMATION WITH

Tradebox will not share the information that is collected with any third parties apart from the following circumstances:

The information may be hosted with a service provider. Our agreements with them protect the information that we collect from any use by them that we have not authorised. [Check this out with your service providers]  

1. The aggregated data (not the personally identifiable information) may be shared with third parties such as advertisers or business partners.
2. Your personally identifiable information may be shared with third parties when we believe in good faith that we are required to do so by law.

We have collected this information in order to provide the best possible service to you while you are visiting our sites. To this end we may use the information that you provide for the following purposes:

1. Verify your identity if you need help with a forgotten password or you are having login problems with one of our site services.
2. Process any transactions that you might make on our site.
3. Help provide any other services that you have requested.
4. To offer the most relevant information suitable to your and your interests.
5. For any marketing, promotional, publicity, direct marketing or market research that we might undertake. For any other purposes for which you have given permission.

SHARING INFORMATION TO PROVIDE SERVICES AND TO CONDUCT OUR BUSINESS
When you submit information to Tradebox, you authorise us to share this information with our network of trade professionals and partners in order to try to provide the job you request. For example, when an approved member of our trade professional network accepts a lead from a registered user, and that user indicates what personal information they are willing to share so that the trade professional can contact the user, such as telephone numbers, physical addresses and email addresses, that information is shared with our trade professionals who have accepted a job request lead. In addition, we have other approved contractual partners that fulfil job requests, or that utilise their own trade professionals to supplement our network, and we share your information with them, subject to contractual confidentiality restrictions, in order to attempt to provide the job requested. If using our services pursuant to a membership with one of our partners, Tradebox may share your job request activity information with such partner in certain circumstances. We may also post and publish users’ feedback and reviews of trade professionals' performance, as well as feedback and testimonials at our sole discretion. We may also release information to collection and/or credit agencies for past due trade professional accounts.

Though we strive to preserve user privacy, due to the existing regulatory environment, we cannot ensure that all of your private communications and other personal information will always remain confidential. By way of example, we may disclose personal information when required by law wherein we have a belief that such action is necessary or advisable to comply with a judicial proceeding, court order, legal proceeding, process or investigation served on our business or Web site(s), or when we believe parties are misusing or attempting to misuse our Web sites or services, including but not limited to violating the law, committing fraud, deception, theft, attempting to harm or divert our business, engaging in threatening or inappropriate behaviour or threatening to place, or placing themselves or others in danger.

Tradebox will not be responsible or otherwise liable for any use or disclosure of your personal information by a third party to whom Tradebox is allowed to disclose you personal information under this privacy policy

 

COMMUNICATION FROM TRADEBOX AND IT’S TRADE PROFESSIONALS

Special Offers and Updates

Members will receive information on trade professionals that relate to their job requests.  They will occasionally receive information on products, services and special deals. Out of respect for the privacy of our users we present the option to not receive these types of communications. Please see the Choice and Opt-out sections.

Service Announcements

On rare occasions it is necessary to send out a strictly service related announcement. For instance, if our service is temporarily suspended for maintenance we might send users an email. Generally, users may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature.

Leads Notifications

If a user joins our trade professional network, and elects to receive their leads via email, that user will receive multiple communications from us. Other ways we contact members of our service professional network are via fax, and/or cell text (SMS) messaging.  Members of the trade professional network will occasionally receive information on products, services and special deals. Out of respect for the privacy of our users we present the option to not receive these types of communications. Please see the Opt-out sections.

 

THIRD PARTY ADVERTISING

Some of our business partners may use cookies on our Web site (for example, advertisers). We have no access to or control over these cookies once our business partners have been given permission to set cookies. This privacy statement covers the use of cookies by Tradebox only and does not cover the use of cookies by any advertisers.

Advertising and Third Party Links

Some Tradebox advertisers may request information directly from users, or link to sites that do so. Tradebox has no control over its advertisers' privacy policies, and encourages users to review such policies prior to submitting any personal information to them.

Tradebox contains non-advertising links to a variety of third party sites to enhance the member experience. Tradebox has no control of either the content or privacy policies of such sites, nor should such links be considered an endorsement of these sites except where otherwise noted.

OTHER INFORMATION WE COLLECT

We use additional information to do internal research on our users' demographics, interests, and behaviour to better understand and serve you and our community. This information may include the URL that you just came from (whether this URL is on our site or not), which URL you next go to (whether this URL is on our site or not), what browser you are using, and your IP address.

Users who login have their IP addresses recorded. This information can be used to track users who abuse the Tradebox system and will be only be provided to legal authorities in cases of suspected fraud. IP addresses can be used, in conjunction with an Internet Service Provider, to find the dial-in account of a user and, ultimately, further information to identify a user. This information is stored securely and will not be provided to other members or non-authorised parties.

If you choose to post messages in our message areas or leave feedback for other users, we will collect that information you provide to us.

If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Site, we may collect such information into a file specific to you.

CUSTOMER SERVICE

We communicate with users on a regular basis to provide requested services and in regards to issues relating to their account via email, fax, phone or mail, and we reply to user inquiries via email or phone, or other reasonable means, in accordance with the user's wishes where applicable.

EMAILING TOOLS

Tradebox and its advertisers use clear gifs in HTML-based emails. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns by showing how may emails have been opened by the recipients. If users would like to opt-out of these emails, please see the Opt-out section

 

OPTING IN AND OPTING OUT

You will always have the option to opt in to certain services and to opt out of those services at any stage. This means you may change your mind at any stage about participating in any of our member services.

Users who no longer wish to receive our newsletter and promotional communications may opt-out of receiving these communications by replying to unsubscribe in the email or email us at admin@tradebox.co.nz.

Users of our Web site are always notified when their information is being collected by any outside parties (excluding our affiliates, service providers, or agents) for marketing purposes. We do this so our users can make an informed choice as to whether or not they should proceed with services that require an outside party.

 

SURVEYS AND CONTESTS

From time-to-time, Tradebox may request information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and mailing address), and demographic information (such as area code or location). Contact information will be shared with the contest or survey sponsors (if Tradebox elects to utilise an outside promotions or survey company) to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of our services and this Web site.

TELL-A- FRIEND

If a user elects to use our referral service for informing a friend about our Web site, we ask them for the friend's email address. Tradebox will automatically send the friend a one-time email inviting them to visit the Web site. Tradebox stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program. The friend may contact Tradebox at admin@tradebox.co.nz to request the removal of this information from our database.

You may not use the “tell a friend” service or other email forwarding services we offer to send spam or otherwise send content that will violate this policy.

 

WHAT ABOUT OUR ADVERTISERS AND BUSINESS PARTNERS?

This Privacy Policy only relates to our sites. You should be aware that we are not responsible for the practices of our advertisers or business partners. Our site may contain links to other sites. You should check their privacy policies before providing personally identifiable information to them or any other third party.

 

UPDATES TO THIS POLICY

In order to reflect the fact that our business is constantly changing, we may from time to time update this policy. We encourage you to occasionally review this page for the latest information on our privacy practices. At the top of the policy we indicate the date of an update. If you continue to use the services of Tradebox or of our affiliated web sites following the posting of changes to these terms; this will mean that you accept those changes.

If you have any questions or suggestions regarding our privacy policy or any other matter, please contact us at contactus@tradebox.co.nz

 

VERIFICATION AND SUPPLEMENT OF INFORMATION

In order for us to better conduct our business it is sometimes advisable or necessary for us to verify and/or supplement the information we receive from trade professionals and users of our Web site with information from 3rd party sources, provided that such sources confirm to us that they are permitted to share such information, such information is publicly available or the collection is required or authorised by law. Examples of collection from other sources include collections from:

1. Insurance companies
2. Government agencies or registries and
3. Better Business Bureau

CORRECTING/ UPDATING/ DELETING/ DEACTIVATING PERSONAL INFORMATION

If a user's personally identifiable information changes (such as area code, phone, email or postal address), or if a user no longer desires our service, we provide a means to access, correct, update or delete/deactivate users' personally identifiable information. This can be done by emailing Customer Support at contactus@tradebox.co.nz. Or, contact us by telephone or postal mail at the contact information listed below. Please note that deleting your account information will not delete all of your contact information or other information contained on our systems, as much or all of this information will be retained to preserve records of our commercial relationship with you, or as required by law. Further, certain information may have already been provided to third parties as described herein.

 

DENIAL OF ACCESS TO PERSONAL INFORMATION

Your rights to access your personal information are not absolute. We may deny access:

• When denial of access is required or authorised by law
• When granting you access would have an unreasonable impact on other people’s privacy;
• To protect our Company’s rights and property; or
• Where the request is frivolous or vexatious.

 

If we deny your request for access to, or refuse a request to correct Personal Information, we will explain why.

YOUR RIGHT TO ACCESS YOUR INFORMATION

Under the New Zealand Privacy Act of 1993, you have the right to access, correct, update or delete/deactivate your personal information. If your personally identifiable information changes (such as postcode, phone, email or postal address), or if you no longer desire our service, simply contact us at contactus@tradebox.co.nz.

Please note that deleting your account information will not delete all of your contact information or other information contained on our systems, as much or all of this information will be retained to preserve records of our commercial relationship with you, or as required by law. Further, certain information may have already been provided to third parties as described herein.

Tradebox will also store previous email addresses against your profile to ensure compliance with our terms and conditions - specifically the use of one account per member.

COPYRIGHT AND TRADEMARKS

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, and software, are the property of Tradebox Ltd or its content suppliers and protected by New Zealand and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of Tradebox Ltd and protected by New Zealand and international copyright laws. All software used on this site is the property of Tradebox Ltd or its software suppliers and is protected by New Zealand and international copyright laws. Any use including the reproduction, modification, distribution, transmission, republication, display, commercialisation or performance of the content on this site is strictly prohibited.