Terms and Conditions of Use Agreement

We have divided our terms and conditions of use agreement into sections to make finding and reading all of the information as easy as possible.

Simply ‘click’ on a title to reveal that sections information.

Definitions

“Content” means the viewable Information, including text, photographs, graphics, and all other material on the Web Site.
“Information” means any text that can be viewed in the public domain of the Web Site.

“Installation” means all of the computer hardware and software and any other machinery and equipment operated in conjunction with it and used by us to provide the Services.
“Post” means display, exhibit, publish, distribute, transmit and/or disclose information, details and/or other material on the Web Site, and the phrases “Posted” and “Posting” shall be interpreted accordingly.
“Products” means all or any product provided by us through the Web Site.
“Product Descriptions” means all or any product described with Content or Information through the Web Site.
“Services” means all or any service provided by us through the Web Site.
“Third-Party websites” means all websites not belonging to the Web Site url.
“Trades Check Entities” means Trades Check Pty. Ltd. and any subsidiaries, affiliates, related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them.
“Web Site” means the Web Site www.tradescheck.nz, and includes all web pages within this url.
“User” means any person other than you who uses the Services or visits the Web Site for any purpose.
“we”, “us”, “our” etc. Where the context permits it also includes any business, company, individual, including a third party who shares an interest in the sale of any goods and/or service promoted on the Web Site. Without limitation, it includes any subsidiary or associated company of ours, together with any licensor, affiliate, or network partner.
“you” “yours” etc. means you, the party to this agreement.
“advice” “tips” etc. means the information that is supplied is for general use only, and should not be relied upon to purchase or sign for any goods or Services without consulting your choice of professional such as an accountant, lawyer or financial advisor.

In this Agreement, unless the context otherwise clearly indicates, words importing the singular number include the plural and vice versa and words importing gender include the masculine, feminine and neuter genders.

Introduction

This Terms of Use Agreement (“Agreement”) constitutes a legally binding contract between Trades Check Pty. Ltd. (“Trades Check”, “tradescheck.nz”, “we”, “us”, “our”) and you with respect to your use of the tradescheck.nz Web Site, applications, and the Products and Services offered by Trades Check through them (collectively, the “Web Site”). It is important that you carefully read and understand the terms and conditions of this Agreement. By using the Web Site, you agree to be bound by this Agreement. If you do not agree to these terms and conditions, you should not use the Web Site and leave immediately.

This Agreement provides important information to you, including information about your obligations regarding your content, our limitation of liability to you, your agreement to resolve any disputes by individual arbitration and to waive the right to participate in a class action.

Changes to this Agreement

We reserve the right at any time to:

  • change the terms and conditions of this Agreement, to reflect changes with an applicable law,
  • change the Web Site, including modifying, eliminating or discontinuing any information or Services (defined below) or other features in whole or in part, and
  • deny or terminate your use of and/or access to the Web Site.

Any changes we make to the terms and conditions of use agreement will be effective immediately upon our posting such changes on this page. You agree that your continued use of tradescheck.nz after such changes constitutes your acceptance of such changes. If you do not agree with any of the updates to the terms of this Agreement, you should not use the Web Site and leave immediately. Be sure to return to this page periodically to ensure your familiarity with the most current version of this Agreement.

Registration

Access to certain parts of the Web Site will require you to register with and provide certain information to tradescheck.nz. If and when you register with or provide information to tradescheck.nz, you agree that:

  • you are over 18 years old,
  • you will provide accurate, current and complete information about yourself as prompted (including your email address), and
  • maintain and update your information in a timely manner (including your email address) so as to keep the information accurate, current and complete.

Professional Listings

Trade professionals and trade related businesses may elect to register themselves and create a professional business listing on tradescheck.nz. Subject to the terms of this Agreement, such users can use the features made available by tradescheck.nz to promote their business on the Web Site.

Permitted Use of Services & Information

The Services made available on the tradescheck.nz Web Site, as well as any information provided on the tradescheck.nz Web Site, are provided for your personal use only and not for any commercial activities or ‘for-profit’ purpose or for resale, except as expressly permitted on this page. No Trades Check material may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way, except as expressly permitted on this page. Trades Check’s permission to you for your use of this Web Site expressly excludes commercial use by you of any information concerning product descriptions or professional listings for the benefit of another merchant. You’re expressly prohibited from any use of data collection; whether manually or employing electronic data gathering and extraction tools in your use of the tradescheck.nz Web Site.

Posting & Submission of Material & Information

As part of your use of the tradescheck.nz Web Site, you may participate in forums, member comments and/or other public article contributions. Your participation is voluntary; however, by choosing to create and post articles, post photos or comments, send any messages, or otherwise participate in any tradescheck.nz forum, you acknowledge and agree that any postings, messages, text, photos, audio/visual works, information, reviews or content provided by you may be viewed by the general public and will not be treated as private, proprietary or confidential. You hereby grant to Trades Check and our affiliates, licensees and sub licensees, without compensation to you or others, a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute such content, or any portion thereof, throughout the world in any format, media or distribution method (whether now known or hereafter created) for the duration of any copyright or other rights in such content. Such permission shall be perpetual and may not be revoked for any reason, to the maximum extent permitted by law. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any content posted or provided by you. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any content posted by you to or through pages of tradescheck.nz.

Trades Check acknowledges and agrees that you, or your licensors as applicable, retain ownership of any and all copyrights in the content, subject to the non-exclusive rights granted to Trades Check in the paragraph above, and that no ownership of such copyrights is transferred to Trades Check under these terms. Further, with respect to content in the form of photos, and subject to Trades Check product and user experience considerations:

  • Trades Check will use commercially reasonable efforts to maintain the attribution of such photos as submitted by you, and,
  • Trades Check will not license or sublicense to third parties individual photo content or collections of photo content submitted by you, except in each case for Trades Check business purposes.
    “Trades Check business purposes” means any use in connection with a Trades Check-branded or co-branded website, application, publication or service, or any use which advertises, markets or promotes the Web Site, the Services, the information, Trades Check, or its affiliates.
  • By posting or providing any content on the Web Site, you represent and warrant to Trades Check that you own or have the right to use and permit Trades Check to use and license such content in the manner stated in this agreement. By way of example and not limitation, if you post or otherwise provide a photograph which includes an image of any person, you need to first obtain permission or a release from such person (or such person’s parent/legal guardian if applicable) appearing in the photograph to use their image and permit us to use and license it as stated in this agreement and you must be the owner or licensee of the copyright in the photograph, with the right to permit Trades Check to use it as stated in this agreement. By way of further example and not limitation, if you post or otherwise provide a photograph of a pictorial, graphic, sculptural or architectural work that is protected by copyright, you need to first obtain permission or a release from the owner of the copyright in such work to reproduce and adapt their work and permit us to use it as stated in this agreement and you must be the owner or licensee of the copyright in the photograph, with the right to permit us to use it as stated in this agreement.

    Trades Check may enable you to post ratings or reviews of vendors, service providers and/or their Products or Services on the Web Site. Reviews are considered content. You may not post any reviews about a vendor, service provider or any of their Products or Services if you are:

    • an employee, contractor, officer or director of the vendor and/or service provider;
    • an employee, contractor, officer or director of a competitor of the vendor and/or service provider; or,
    • related to the vendor and/or service provider in any way, including by blood, adoption or marriage.

    By posting a review, you acknowledge and agree that such content:

    • is based upon your first-hand experience with the vendor, service provider or product or service that is the subject of the review;
    • is accurate, truthful and complete; and
    • is not defamatory, trade libellous, or otherwise in violation of our Acceptable Use Policy below, all as determined by us in our sole and absolute discretion.

    You agree not to post or provide any content that belongs to any person other than yourself or that contains the name, voice or likeness of any person other than yourself unless you first obtain permission to do so, and to grant to us the rights granted in this agreement, from that person (or such person’s parent/legal guardian, if applicable).

    If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorise Trades Check and our affiliates, licensees and sub licensees, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason, except as required by the applicable law.

    You further agree that we may use the posted or provided content in any manner that we deem appropriate or necessary. We reserve the right to edit or abridge any content for any reason, and to edit, refuse to post or remove any content submitted by you or others. We do not guarantee that we will post all content submitted or that such content will not be offensive, defamatory or objectionable. Although we reserve the right to remove without notice any content for any reason, we have no obligation to delete content that you personally may find objectionable or offensive. We do not control in real time the content posted via the Services and as such do not guarantee the accuracy, integrity or quality of such content. In addition to other disclaimers found in this agreement, we do not endorse or make any warranties or representations with respect to the accuracy, completeness or timeliness of any content posted on the Web Site.

Links to Third Party Web Sites

The site contains links to Third-Party websites for your convenience. Trades Check does not control the linked Web Sites or the content provided through any Third-Party websites. Your use of these Third-Party websites is subject to the privacy practices and terms of use controlled by the specific linked Third-Party website, and we disclaim all liability for such use. The fact that we offer such links does not indicate any approval or endorsement by us of any linked Third-Party website or any material contained on any linked Third-Party website, and we disclaim any such approval or endorsement. We do not verify, make any representations or take responsibility for any Third-Party websites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, Services, links displayed and/or any other activities conducted on or through such Third-Party websites.

Products & Services

You may be provided the opportunity on the tradescheck.nz Web Site or through the Services to purchase Products or Services that are offered, sold or manufactured by third parties. Such Products may be available for purchase directly from third-parties or from tradescheck.nz.

The availability of any Products on the tradescheck.nz Web Site does not imply our endorsement of the Products. Reviews on products are solely the opinions of the users that post them. None of the reviews contain or reflect any opinions or views of Trades Check.

We do not represent, warrant or guarantee that the Product descriptions are accurate, complete, reliable, current, or error-free. If a Product bought directly from tradescheck.nz is not as described, then your sole remedy is to return it in unused condition.

Trades Check and sellers on the tradescheck.nz Web Site strive for accuracy in pricing of the Products sold. However, occasional errors or mistakes may cause inaccurate prices to appear on the Web Site. We have the right to void any purchases that display an inaccurate price.

Acceptable Use Policy & Prohibited Products Policy

When using the tradescheck.nz Web Site, you agree to abide by common standards of etiquette and act in accordance with the law, as described further in our “Acceptable Use Policy” below.

Additionally, if you are a trade professional, a vendor, or a seller, who is authorised to offer Products or Services on the tradescheck.nz Web Site, you agree to abide by the “Prohibited Products Policy” below.

Improper use of the information, Services or Web Site may result in termination of your access to and use of the Web Site, and/or civil or criminal prosecution.

Acceptable Use Policy

As part of Trades Check’s Acceptable Use Policy, you agree not to use the Information, Services or any other part of the Web Site to take any action or actions that:

  • are contrary to Trades Check’s public image, goodwill or reputation;
  • infringe on our or any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • express or imply that any of your statements, activities or causes are endorsed by us, without our prior written consent in each instance;
  • violate any applicable law, statute, ordinance or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability;
  • are libellous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene;
  • transmit any trade secret or other material, non-public information about any person, company or entity without the authorisation to do so;
  • restrict or inhibit any other visitor from using the Web Site, including, without limitation, by means of “hacking” or defacing any portion of the Web Site;
  • modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Web Site or Information;
  • remove any copyright, trademark, or other proprietary rights notices contained in or on the Information, Web Site, or Services;
  • sublicense, sell, rent, lease, transfer, assign, or convey any rights under this Agreement to any third party, or otherwise commercially exploit or profit from the Information or content of the Web Site, or any portion thereof, in any manner whatsoever, except as expressly permitted herein;
  • “frame” or “mirror” any part of the Web Site without our prior written authorisation;
  • distribute any virus, worm or other similar or deleterious files, scripts or programming routines;
  • interfere with or disrupt any Services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of Trades Check or its licensors or suppliers;
  • involve the preparation or distribution of junk mail, spam, chain letters, pyramid schemes, or other deceptive or unsolicited bulk or commercial email, or violate in any way the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003) or equivalent, applicable, foreign law;
  • use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine” the Web Site or in any way reproduce or circumvent the navigational structure or presentation of the Web Site or its contents, authentication and security measures;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission;
  • execute any form of network monitoring or run a network analyser or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Web Site’s servers or any data not intended for you; and/or
  • harvest or collect information about any Web Site visitors or members without their express consent.
  • contains any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence;

Updated: January 21st 2016

Prohibited Products Policy

Trades Check maintains a very strict policy around the Products that can be listed for sale on Trades Check Web Site. All Products must comply with all laws and regulations and with the Trades Check Prohibited Products Policy, stated here.

Trades Check strives to provide a safe and trustworthy buying experience. The following Products are prohibited for sale on Trades Check Web Site:

  • Illegal products
  • Stolen or counterfeit products
  • Used products, with the exception of legitimate vintage or antique products
  • Recalled or defective products
  • Weapons (may be acceptable in rare cases if deemed artwork or antique)
  • Products using the name or brand of a company, designer, or artist in the title or description if Products are not lawfully made or authorised by the named company, designer, or artist (“like a _” or “inspired by _”)
  • Products that infringe the copyrights, trademarks, or intellectual property or personal rights of others
  • Products made of fur, excluding the following (sheepskin, lambskin, Alpaca fibre, cowhide, cow-hair) and ivory or endangered or threatened species
  • Products that contain offensive, violent, obscene, cruel or inappropriate content in product names, descriptions, logos, or images, including but not limited to:
    • Profanity or symbols/signs representing profanity
    • Pornographic, sexually explicit, or sexually violent content
    • Promotion, depiction of glorification of illegal activity
    • Promotion, depiction or glorification of violence towards others or self
    • Promotion, depiction or glorification of hatred, intolerance, violence, ridicule, and/or bigotry toward a group of people or the promotion of organisations fostering these views (e.g., Nazi memorabilia)
    • Promotion or glorification of cruelty towards animals

It is your sole responsibility to be familiar with all products that you list for sale and understand all the laws governing their sale and distribution. All your products must comply with this Prohibited Products Policy at all times. If you sell a product that is deemed to be in violation of this policy, Trades Check, in its sole discretion, may immediately remove your Product listings, suspend your selling privileges, and terminate your account. Furthermore, if you are selling illegal Products, Trades Check may withhold payment.

Updated: January 21st 2016

Ownership

The Web Site is owned and operated by Trades Check and its licensors. The Information and Services (and any intellectual property and other rights relating thereto) are and will remain the property of Trades Check and its licensors and suppliers. The Information and Services are protected by Australian and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in this Agreement, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of the Web Site or any Service or Information without our prior written permission. The Web Site, Information, and Services may be used solely:

  • to the extent permitted in this Agreement or,
  • as expressly authorised in writing by Trades Check or, if so indicated in writing by Trades Check, its licensors or suppliers.

Use of the Web Site or any Services or Information for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Web Site or any Services or Information.

The trademarks, logos, and service marks displayed on the Web Site are the registered and unregistered trademarks of Trades Check, Trades Check licensors and suppliers, and/or others. Trades Check® is a registered trademark of Trades Check Pty. Ltd.in Australia and other jurisdictions. Nothing contained in this Agreement or the Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks without the express written permission of Trades Check, Trades Check licensors or suppliers, or the third party owner of any such Trademarks, except as set forth in the following paragraph. You acknowledge and agree that all rights in and to the Trades Check Trademarks are our exclusive property, and any goodwill generated by your use of any Trades Check Trademarks will inure to our exclusive benefit. You will not take any action that is in conflict with our rights in or ownership of any our Trademarks.

Trades Check Code Blocks

You have permission to use the Trades Check Code Blocks, subject to the terms of this Agreement (including the disclaimers and limitations of liability) and the further understanding that:

  • your use of such code blocks link only to the Web Site;
  • you do not modify such code blocks or associated code in any manner;
  • you do not use any such code blocks in any manner which implies or suggests that Trades Check operates, endorses, sponsors or recommends the website on which such code blocks are used; and
  • the use of such code blocks, and the website on which such code blocks are used do not violate the Trades Check’s Acceptable Use Policy or Prohibited Products Policy. We retain the right to revoke the permission to use such code blocks at any time for any reason.

Term & Termination

This Agreement is effective from the date that you first access the Web Site or submit any information to Trades Check, whichever is earlier, and shall remain effective until terminated in accordance with its terms. Certain violations of this Agreement, as determined by Trades Check, may result in immediate termination of this Agreement, and/or your access to and use of the Web Site, without prior notice. This Agreement will also terminate automatically if you fail to comply with any term or provision of this Agreement. Upon termination of this Agreement by either party, your right to use the Web Site shall immediately cease, and you shall destroy all copies of information that you have obtained from the Web Site, whether made under the terms of this Agreement or otherwise. All disclaimers, limitations of liability, indemnities, Trades Check rights of ownership, and licenses to Trades Check shall survive any termination.

We reserve the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Web Site, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Web Site, or any part of portion thereof. Nothing in this Agreement shall be construed to obligate Trades Check to maintain and support the Web Site, or any part or portion thereof, during the term of this Agreement.

Disclaimers and Limitations of Liability

This section limits the liability of Trades Check entities to you.

Each point below applies to the maximum extent permitted under applicable law:

  1. We are providing you the Web Site, Services, Information, Products, Product Descriptions, and Third-Party content on an “as is” and “as available” basis, without warranty of any kind, express or implied. without limiting the foregoing, Trades Check entities expressly disclaim any and all warranties and conditions of merchantability, title, accuracy and completeness, uninterrupted or error-free service, fitness for a particular purpose, quiet enjoyment, and non-infringement, and any warranties arising out of course of dealing or trade usage.
  2. Trades Check entities make no promises with respect to, and expressly disclaim all liability, to the maximum extent permitted by law, for:
    • content posted by any Third-Party on the Web Site,
    • the Product Descriptions or Products,
    • Third-Party websites and any Third-Party product or service listed on or accessible to you through the Web Site,
    • the quality or conduct of any Third-Party you encounter in connection with your use of the Web Site.
  3. You agree that under the maximum extent permitted by law, Trades Check entities will not be liable to you under any theory of liability. Without limiting the foregoing, you agree that Trades Check entities specifically will not be liable for any indirect, incidental, consequential, special, or exemplary damages, loss of profits, business interruption, reputational harm, or loss of data (even if we have been advised of the possibility of such damages or such damages are foreseeable) arising out of and in any way connected with your use of, or inability to use, the Web Site or Products. your use of the Web Site, Products, Information, or Services is at your sole risk.

Indemnification

You agree to fully indemnify, defend, and hold Trades Check, our licensors, suppliers, agents, successors, and assigns and our and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from:

  • your breach of this Agreement, including but not limited to the Acceptable Use Policy and Prohibited Products Policy;
  • any allegation that any materials you submit to us or transmit to the Web Site infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party;
  • your activities in connection with the Web Site or other websites to which the Web Site is linked; and/or
  • your negligent or wilful misconduct.

Supplemental Terms for Additional Services

Certain Services offered on the Web Site may require you to enter into a separate agreement and/or be subject to additional terms. For example: placement of advertisements, participation in brand Services, offering Products for sale in the Marketplace, or use of Site Designer each require you to enter into a separate agreement with terms specific to that service. In the event of any conflict between this Agreement and the terms of that separate agreement, the terms of that separate agreement will control.

Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of South Australia and of the Commonwealth of Australia. You submit to the jurisdiction of the courts of South Australia and the Commonwealth of Australia.

Dispute Resolution

In the event of a dispute arising out of or in connection with the terms of this Agreement between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

Severability

If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

Force majeure

Neither party shall be liable for any breach of its obligations resulting from causes beyond its reasonable control including fire, natural disaster, war or military hostilities and strikes of its own employees.

Each of the parties agrees to give notice immediately to the other upon becoming aware of an event of force majeure such notice to contain details of the circumstances giving rise to it.

If a default due to force majeure shall continue for more than 4 weeks then the party not in default shall be entitled to terminate this agreement. Neither party shall have any liability to the other in respect of the termination of this agreement as a result of force majeure.

Relationship of Parties

Nothing in this agreement shall create a partnership, joint venture or agency or the relationship of employer and employee between us.

No Waiver

No waiver by us, in exercising any right shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

Interruption to the Service

If it is necessary for us to interrupt the Services then we may do so without telling you first. You acknowledge that the Services may also be interrupted for reasons beyond our control. You agree that we are not liable to you for any loss, including loss of points whether foreseeable or not, arising as a result of interruption to the Services.