Policies

 
Welcome to ServiceFinder.co.nz

Thank you for your interest in ServiceFinder.co.nz, New Zealand's online marketplace for local services. We connect New Zealanders and local services - find trusted Kiwi services or attract more customers.
These Policies are expected to keep ServiceFinder.co.nz a great and safe website. Please carefully read these Policies. By using ServiceFinder.co.nz you indicate that you understand and accept these Policies. If you do not accept these Policies, you may not use ServiceFinder.co.nz.
Last updated on 15 January 2018.
If you have questions on how ServiceFinder.co.nz works, please read the frequently asked questions.
For any further questions, please contact us. We'd love to hear from you.
 
 

Terms & Conditions

1. Scope of the Agreement

The website (hereafter "ServiceFinder", “ServiceFinder.co.nz” or "Website") is an Internet Forum (hereafter "the Forum" or "Forum") where registered users can find services and projects in New Zealand with the possibility of connecting and arranging individual contracts between users as long as both parties do not violate the Terms and Conditions of ServiceFinder.co.nz. ServiceFinder.co.nz itself is a medium of negotiation only; it is not a contracting party. While ServiceFinder.co.nz does not have an obligation to review user behaviour and posted content, should ServiceFinder.co.nz become aware of any violations of the Terms and Conditions, ServiceFinder.co.nz reserves the right to inform relevant authorities without prior notice. The current version of the Terms and Conditions applies to all relations between ServiceFinder.co.nz and its users and any use of ServiceFinder.co.nz.

From time to time, it is necessary to update the content of the Terms and Conditions. The updated version will be published on the Policies page. The updates are considered to have taken effect when the user opens ServiceFinder.co.nz. It is the responsibility of the user to stay up to date with the updates of the Terms and Conditions. Any other Terms and Conditions created by users or third parties are not recognised by ServiceFinder.co.nz.

2. This License Agreement
a.

ServiceFinder.co.nz provides online infrastructure acting as a medium of negotiation between users who post projects (hereafter "Clients" or "Customers") and users who seek projects (hereafter "Service Providers" or "Contractors") in New Zealand.

b.

No liability is accepted, including but not limited to lost income, fees or for any temporary issues with Website functionalities such as server availability, power failure, Website maintenance or any other matters. Users do not have an automatic entitlement to Website functionalities whether they were provided in the past or not. ServiceFinder.co.nz, with or without notice, has the right to change, remove or add new features, combine or modify functionalities at any time.

c.

The essential use of ServiceFinder.co.nz is free of charge. Users have the option to obtain additional services (hereinafter “upgrades” or “membership”) to enhance their user experience on ServiceFinder.co.nz. Upgrades and membership plans are optional and communicated on ServiceFinder.co.nz with no hidden fees or costs.

d.

A payment confirmation for upgrades or membership will be sent to the user via email.

e.

Membership plans can be renewed or cancelled on ServiceFinder.co.nz. Just go to the “Settings” page and select the “Profile status” tab to make your desired changes.

f.

Should ServiceFinder.co.nz be acquired or enter a strategic partnership, ServiceFinder.co.nz can assign its rights and obligations to a third party in whole or part and may or may not notify users after such change might occur.

3. Registration
a.

On ServiceFinder.co.nz, all users are required to register. By registering, users agree to the Terms and Conditions. The agreement is not transferable and each user is allowed to have only one account on ServiceFinder.co.nz.

b.

A ServiceFinder.co.nz account may be created by anyone in New Zealand who is over 18 years of age and is a legally capable person or who can register legally under applicable laws. Supporting documentation for identification purposes may be requested at any time including but not limited to documents that proof for example the user’s full name, age, postal address, email and phone number.

c.

Users have the option to select a custom username when creating an account on ServiceFinder.co.nz. The username must not contain any email address, Internet address or a protected trademark or logo if the user does not own the rights to such brand or logo. ServiceFinder.co.nz reserves the right to request relevant supporting documentation and proof of identity from the user.

d.

Users should inform ServiceFinder.co.nz immediately on the reasonable suspicion of unauthorised access to their accounts. ServiceFinder.co.nz will undertake the necessary measures such as blocking user access or closing user accounts. However, should third parties gain access to user accounts due to deliberate actions or false statements of the user, the user agrees to reimburse ServiceFinder.co.nz for possible damages and costs.

e.

A claim for registration of users against ServiceFinder.co.nz is not accepted. For security reasons ServiceFinder.co.nz reserves the right to exclude users without giving purposes (for example users from outside New Zealand), to delete, block accounts or deny registration at its discretion.

f.

Users agree that ensure that the information provided in their accounts such as the email address and any identifiable information is correct and kept up to date. These information users can quickly update on the "Settings” and “Edit profile" pages. ServiceFinder.co.nz accepts no liability for the accuracy, completeness or the content and subsequent effect of reliance on such information.

g.

To ensure a safe online environment, ServiceFinder.co.nz is authorised to block or delete users, projects, quotes, messages, comments and restrict any user activity in whole or part. A user who is blocked from the Forum is not allowed to create another account on ServiceFinder.co.nz.

h.

ServiceFinder.co.nz will look into actioning justified complaints.

i.

Users may submit quotes and work on projects if they have the legal right to provide such service in New Zealand; proof of relevant supporting documentation or paperwork might be requested. All supporting documentation must be submitted to ServiceFinder.co.nz immediately upon request by email, or post to 27 Laingfield Terrace, Auckland, New Zealand.

4. Terms of Use
a.

The use of ServiceFinder.co.nz shall be by the Terms and Conditions regarding, e.g. posted projects, provided quotes, submitted messages, comments and reviews as well as regarding the performance including personal and material conditions for the performance. ServiceFinder.co.nz may request additional service qualifications such as licenses, permits and such.

b.

ServiceFinder.co.nz does not verify or monitor any personal performance or material conditions of a provided service or product; each user is independently responsible for verification of these including the check of activities that individually or in conjunction with other activities may violate any laws, official instructions or regulations in New Zealand.

c.

It is not permitted to post projects or quotes, messages, comments on behalf of others unless the user is authorised in writing to do so.

d.

ServiceFinder.co.nz does not permit any form of unauthorised advertising (e.g. guerrilla marketing) including but not limited to self-promotion or promoting services or products of third parties in posted projects, submitted quotes, messages and comments etc. If you would like to advertise on ServiceFinder.co.nz, please send us an advertising inquiry: advertising[at]servicefinder.co.nz.

e.

In case of suspected violation of the Terms and Conditions or breach of New Zealand laws or regulations, ServiceFinder.co.nz reserves the right to block users temporarily or permanently. A block may occur due to other reasons like repeated negative feedback, failure to complete the contact details form on "Edit profile" page, improper use of accounts or membership, unfair competition or promotion, unauthorised self-promotion or advertising (e.g. guerrilla marketing), non-fair promotion or use of transactions outside of ServiceFinder.co.nz.

5. Communication

Communication between ServiceFinder.co.nz and users or visitors of the website can be done by email. If you have any questions, please use the website contact form or email directly to support[at]servicefinder.co.nz. Alternatively, you may post to 27 Laingfield Terrace, Auckland, New Zealand.

6. Charges, Cancellations and Delivery of PRO Listings
a. The monthly subscription charges for a PRO listing are only NZ$9.99. Special offers at discounted rates apply to yearly PRO listings as advertised on the website. Discounts, rebates or any other special offers are valid for initial term; the charges renew at the then-current rates.

b. ServiceFinder.co.nz may increase or reduce its charges for subsequent PRO listing subscriptions at any time and for any reason, however, ServiceFinder.co.nz provides notice at least thirty (30) calendar days before the expiration of the subscription. This means all PRO listing users will be informed before a price change might occur in the future.

c. The subscriber’s payment account is charged on the same date as the original transaction date on each corresponding month/ year or the final date of month if no corresponding date, for example, a January 31, 2018 monthly subscription renews on February 28, 2018. 

d. ServiceFinder.co.nz is entitled to withdraw the benefits of PRO listing or remove a PRO listing from the website in the case of nonpayment (e.g. based on inaccurate or outdated credit card information) or violating these Policies.

e. The right of access granted under these Policies is effective only upon payment of the charges. 

f. The PRO listing status is delivered online and available to the user immediately upon successful payment of the charges.

g. Charges are non-refundable. The charges for monthly or yearly PRO listing subscriptions, as well as the charges for prepaid upgrades (e.g. “Featured projects” or individual quote packages or privacy badges), are not refundable except at the discretion of ServiceFinder.co.nz. 

h. Cancellation is user-friendly. Users can cancel their monthly or yearly PRO listing at any time. Once the user cancels a PRO listing, the user will not lose access immediately. The PRO listing will continue through the end of the current charge cycle. For example, if a user’s credit card is charged on the 10th of the month and the user cancels on April 25th, then the user will not lose access until May 10th.

i. Users can easily cancel their PRO listing in their account on the “Settings” page tab “Profile status.” 

j. The only valid method for canceling a PRO listing is via the cancellation link provided on the PRO user’s "Settings" page, accessible after login to the ServiceFinder.co.nz website. Requests to cancel by email or any other means are not considered valid and do not accomplish cancellation. A PRO listing will be considered cancelled upon successful email notification from ServiceFinder.co.nz. 

7. Procurement
a.

Users of the Forum are independently responsible for verifying and accepting information and data exchanged between them. Customer and Service Provider then would mutually agree on terms of their engagement; these terms and contracts are between the Service Provider and Customer directly. The contents and scope of the agreement between users will depend and vary based on the applicable laws. ServiceFinder.co.nz is not a party in any agreement between users. ServiceFinder.co.nz provides a forum of negotiation between the Customer and the Service Provider but does not act as a party in their contractual relationship. These Terms and Conditions explicitly exclude ServiceFinder.co.nz from any relationship, liability and disputes between users on any aspects of their relationship, including but not limited to arguments on service quality, type and quantity of services and products rendered, performance and underperformance, and any other claims. Disputes are to be resolved directly between the users.

b.

ServiceFinder.co.nz retains the right to report any information about the contract between the users. No liability is accepted e.g. for incorrect, incomplete data, transcription errors, accidentally double placed orders or incorrectly set orders.

c.

The Customer is to describe the requirements in the project as wholly and accurately as possible to enable proper service and billing by the Service Provider.

d.

The customer is free to choose any Service Provider to perform the job and is not bound to a particular Contractor or the lowest quote. The decision is to be based at the Customer's sole conclusion, including user reviews or perceived value for money. The offer and submitted price are final and should include VAT where appropriate.

e.

Should a project, profile data or involved profiles be deleted, the applicable project counts as not affected.

f.

Users themselves write the content of projects and quotes; ServiceFinder.co.nz does not moderate content. The information and opinions posted are solely those of the users.

g.

It is the sole responsibility of the users to ensure the accuracy and legal soundness of the information they post including copyright and images. ServiceFinder.co.nz is not responsible for the activity of the users.

h.

Both the supply of and the payment for services in specific areas may be regulated by law and therefore might not be freely negotiable. Each user is responsible for ensuring they comply with such possible restrictions.

8. Prohibited Content
a.

ServiceFinder.co.nz prohibits the posting of information or content that is abusive, threatening, glorifying violence, racist or sexually offensive, and any material promoting the use of harmful substances within the scope of drug and narcotics law.

b.

ServiceFinder.co.nz prohibits the posting of religious and political information that can be offensive to other religious or political denominations.

c.

It is prohibited to use ServiceFinder.co.nz to post or distribute any form of spam and unauthorised promotion such as mass mailing or messaging to ServiceFinder.co.nz users.

d.

Both Customers and Service Providers are not permitted to use ServiceFinder.co.nz to provide services that violate the law or moral codes or without the required approval where it is required.

e.

The compliance with public, social, legal and financial rules is not verified or performed by ServiceFinder.co.nz. The verification is to be completed by the users themselves. In case of suspected violation of the Terms and Conditions or circumstances of an alleged breach of any laws or regulations, ServiceFinder.co.nz reserves the right to block users temporarily or permanently at its discretion.

9. Reviews
a.

ServiceFinder.co.nz has set up an effective evaluation system to measure user performance on their contractual obligation. Users can write reviews based on their past work experiences. In evaluating users, the following points should be noted:

b.

Reviews must be written objectively on the principle of fairness and free from any illegal, offensive, abusive or criminal content based on the contractual relationship between Service Provider and Customer. Wrong and non-objective ratings are prohibited. ServiceFinder.co.nz is under no obligation to review or monitor reviews. Nevertheless, ServiceFinder.co.nz will delete or refuse to publish any reviews it deems unfit.

c.

The content of the reviews is written by users themselves and are not moderated by ServiceFinder.co.nz. The information and opinions posted are solely those of the user and ServiceFinder.co.nz does not endorse or moderate it. ServiceFinder.co.nz reserves the right to change, alter or delete offending reviews, or take legal action whenever necessary. Users have the right to employ legal avenues to resolve their issues with other users directly.

d.

Improper use of reviews, self-assessments or any other form of influencing of the rating system is prohibited.

e.

When users post reviews, users provide ServiceFinder.co.nz with unlimited and transferable right to use the text in any way it sees fit. ServiceFinder.co.nz has the right to dispose of, publish or use it in any forms it deems useful. The user agrees that they have the right to use and post the review content including but not limited to brand names, trademarks, and other intellectual property.

10. Indemnification
a.

The user shall indemnify, defend, and hold harmless ServiceFinder.co.nz, its officers, employees, and agents from and against any and all liabilities, claims, losses, costs or expenses to the person or property of another, lawsuits, judgments, and/or expenses, including attorney fees, arising either directly or indirectly from any act or failure to act by ServiceFinder.co.nz or any of its officers or employees, which may occur during or which may arise out of the performance of this agreement.

b.

No liability is accepted, including but not limited to lost fees, lost income or expenses, for any temporary issues with the functionality of the Forum. Similarly, no liability applies to temporary downtime, server availability including but not limited to power failure, maintenance or outage. Furthermore, the user of the Forum does not have an automatic entitlement to services whether they were provided in the past or not. ServiceFinder.co.nz, at any time, with or without notice, can change the functionality of the Forum, remove or add new features, combine or modify functionality at its description unless otherwise agreed in writing.

c.

Users are solely responsible for the information contained in the content and reviews (text, image, sound, design, etc.). In the event of a claim by a third party, the user shall be solely liable and explicitly holds ServiceFinder.co.nz harmless from all claims, costs and damages claims by third parties including any legal costs.

d.

The user has no claims on refunds on any payments should their account be subject to a block or deletion due to actions of the user.

e.

Should ServiceFinder.co.nz become aware any illegal content or violation of any rules it reserves the right to take further action including but not limited to taking this further with appropriate authorities.

11. Privacy
a.

All data provided by the ServiceFinder.co.nz users such as email addresses are professionally handled and securely stored.

b.

ServiceFinder.co.nz will not pass user data to any third party unless users expressly agree.

c.

ServiceFinder.co.nz processes and uses the information provided by users exclusively for the provision of services to users with exception when it is required otherwise by law or agreed to in writing.

d.

The User agrees to use the data for the Forum services as well as the possible transfer of the data to third parties for improved provision of ServiceFinder.co.nz services when required. User data can be viewed and edited in the user profile. More in the full Privacy Policy below.

12. Statutory Provisions
a.

ServiceFinder.co.nz can change the Terms and Conditions at any time without notice, and for any reason it sees fit. The latest version is published on this Policies page. It is the responsibility of the user to stay up to date with the current version of the Terms and Conditions.

b.

Each user has the option of either continue with the new Terms of Conditions or terminating their agreement. The amended Terms and Conditions apply to users upon posting a project, registration and from the first day of usage.

c.

ServiceFinder.co.nz is a product owned by Fomedia Group GmbH i.G. (https://www.fomedia.group), registered office located at Charlottenstr 34, Gendarmenmarkt, 10117 Berlin Mitte, Germany. Executive Director: Dr Fokko Schulz (PhD, University of Auckland), District Court Berlin Mitte. The exclusive jurisdiction for all disputes that the Forum is party to are the courts of the location named above.

d.

Should any provision of the Contract and these Terms and Conditions be invalid or incomplete, the remaining provisions shall remain unaffected and valid. The parties agree that the contract survives and remains valid as if the invalid provision were not included in the agreement from the start.

Privacy Policy

1. Scope of the Privacy Policy

ServiceFinder.co.nz believes that protection and safety of user data are paramount. ServiceFinder.co.nz takes the issue of privacy very seriously and would like the users of the Forum to know that all necessary steps are taken to ensure the safety of user data. Therefore, the collection, processing, and use of data during a visitor use of the Forum are in strict compliance with the Privacy Policy. ServiceFinder.co.nz will only gather and process user data if the user has granted ServiceFinder.co.nz consent to do so as well as if ServiceFinder.co.nz is allowed or required to do so by law or legislature. This Privacy Policy does not apply to third party websites linked to the Forum. Privacy Policies of third parties can be found on the sites of the respective suppliers. The following Privacy Policy explains how ServiceFinder.co.nz collects, processes and uses data to offer Forum services and benefits to its users with the aim to prevent illegal and abusive use, manipulation, loss, destruction or misuse of data. ServiceFinder.co.nz ensures that all data is securely stored and processed.

2. Personal Data

Personal information is usually required to be able to identify the user or any other natural person. Examples of personal information include first and last name, address, phone number or email, or when an email has an identifiable reference to a user's name. The collection and use of personal data are needed for the establishment and provision of ServiceFinder.co.nz user profiles to correctly render the Forum services and benefits to its user base. User personal information will be treated confidentially. Any other information that cannot be used to identify a user is considered general information like public usernames or Internet browser information.

3. Data Use and Collection
a.

ServiceFinder.co.nz can be visited without any personal data provided. ServiceFinder.co.nz processes anonymous metadata through cookies (including the URL of the requested page, the amount of data transferred, the date and time of the request from the user, Internet browser information, operating system type, the IP address of the user device, the Internet service provider used, reference links such as user clicks on sponsored links). This metadata cannot be used by ServiceFinder.co.nz to obtain personally identifiable information. The information is used for general purposes such as statistical and technical improvements. More about cookies below.

b.

When a visitor chooses to participate in the Forum through posting a project or listing a service, then the visitor must enter personal information such as address and contact information, which is collected for security reasons. If visitors and users choose to provide personal information, then they provide the necessary authorisation to transmit, process and store this information on the servers of the web hosting companies of ServiceFinder.co.nz. To provide its services, ServiceFinder.co.nz might need to store payment information for processing of user fees such as or optional upgrades. Similarly, some data can be collected during the process of placing and processing specific orders on the Forum including but not limited to posting and quoting behaviour. In line with the ServiceFinder.co.nz Terms and Conditions, ServiceFinder.co.nz may ask for relevant documents, copy, store and process them including but not limited to address data, proof of identity, information on business ownership, licenses, business certificates, certificate of registration etc. This data is collected and used for a safer provision of ServiceFinder.co.nz profiles, to improve the performance of the Forum and keeping users informed when necessary. Therefore, the majority of the information collected is not personal. Where possible, ServiceFinder.co.nz will aim to provide the opportunity to freely decide whether visitors and users of the Forum would like to share data or not.

c.

ServiceFinder.co.nz will not share personal information with third parties unless users have expressly given their permission to do so. Due to legal requirements, ServiceFinder.co.nz is forced to reveal personal information in some instances, for example, upon request of the authorities or to process payments. This also includes ServiceFinder.co.nz exchanging information on individual users to enable and facilitate credit card transactions or assess the creditworthiness of the user. ServiceFinder.co.nz is required to disclose information to appropriate authorities for investigation should that be required to do so under law or to protect itself, its users and contractors from potential abuses.

d.

The Forum is using social networking links (hereinafter "plugins") such as Facebook, Twitter and Google+ (hereinafter "Social Media"). These plugins are identifiable by their corporate logos of the relevant Social Media in the Forum. When a user visits the Forum and has such plugins installed/ active, their browser might establish a connection and exchange information with the relevant Social Media. ServiceFinder.co.nz has no control over type, quantity and breadth of information exchanged between such plugins, websites and Social Media. Users can use Social Media to identify themselves, such as using Social Media plugins to register or login the Forum, as long as the browser has the necessary credentials for the Social Media. If the user does not wish to exchange such information, they are required to be logged out of their Social Media before they visit the Forum. Should the user choose to interact with a plugin such as “like” or "share," the necessary information will be transmitted by their browser to the relevant Social Media platform. While the user might not be registered with a Social Media platform, it is still possible that such platform will record, collect and use relevant IP address. Further information on privacy and data protection can be obtained on the websites of each relevant Social Media platform.

e.

The Forum uses Google Analytics, a useful service delivered by Google Inc. for analysis and insight. Google Analytics uses cookies, which are text files stored on user devices, to help analyse users behaviour on the Forum to improve and better deliver Forum services to the users. Google may transfer this statistical information to third parties for processing, but will not associate the information collected such as IP addresses of the user, with any other data held by Google. Users of the Forum can prevent cookies by selecting the appropriate privacy settings of their Internet browser, however specific services and benefits might not work as intended should the user chose to disable cookies. By using the Forum, users provide permission to collect, process and store this data as described above. To offer website visitors the ability to prevent their data from being used by Google Analytics they can use opt-out browser add-on which can be accessed here https://tools.google.com/dlpage/gaoptout?hl=en

4. General
a.

Forum users can update and change personal data at any time under "My profile" on the user dashboard. Users can also adjust their email settings and frequency of communication.

b.

Should the Forum partner with or be acquired in full or part by a third party, ServiceFinder.co.nz may have to merge user information to use, store and process as appropriate.

c.

From time to time, it is necessary to update the content of the Privacy Policy. The updated version of the Privacy Policy will also be published on this Policies page. The updates are considered to have taken effect when the user uses the Forum. It is the responsibility of the user to stay up to date with the changes and updates of the Privacy Policy.

d.

Should any provision of the Privacy Policy be invalid or incomplete, or be considered to be so by the statute, the remaining provisions shall remain unaffected and valid. The parties agree the Privacy Policy survives and remains valid as if the invalid provision were not part of the agreement from the start.

ServiceFinder.co.nz whishes you all the very best!

Contact ServiceFinder.co.nz

If you have any questions regarding the website or the community, you're welcome to contact ServiceFinder.co.nz. We'd love to hear from you.