Availabuild
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Availabuild Limited Website Terms of Use

This website is published and maintained by Availabuild Limited (“we” or “our” or “us”). By accessing and browsing this website you agree to comply with the terms and conditions set out below (“Website Terms of Use”).

If you do not agree to comply with these Website Terms of Use you must immediately leave this website.

  1. Our website
    1. The purpose of this website is to provide:
      1. directory listings of tradespersons and others in the New Zealand building and construction industry (“Industry Suppliers”);
      2. access to the schedules of Industry Suppliers to enable customers to know when such Industry Suppliers are available for work; and
      3. information about the products, materials and services of such Industry Suppliers.
    2. Except for making available this website and the listing and other services we provide to Industry Suppliers, we do not ourselves sell or provide building and construction industry products, materials or services. If you wish to buy any of the products, materials or services listed on this website, you must contact the relevant Industry Supplier directly. We do not act as the agent of any Industry Supplier in relation to their products, materials or services.
    3. We are not responsible for the conduct or performance of any Industry Suppliers or the quality, suitability, safety, legality or availability of any of their products, materials or services.
  2. Information on our website and links to other websites
    1. Our website provides a venue for Industry Suppliers to list themselves and advertise their products, materials and services and their availability for work. Many of those Industry Suppliers maintain their listing, advertising and product information on this website themselves, and without our involvement. Therefore, we do not warrant or represent that any information on this website, sent to you via this website or downloaded by you from this website (“Website Information”) is current, complete, or accurate.
    2. In particular, while our Industry Suppliers are required by us to maintain the accuracy of their online availability schedules, we are not responsible for their failure to do so.
    3. Additionally, we are not responsible for any content or information on any website that is linked to our website (including any content or information on any website of any Industry Supplier), as we have no control over such websites. We include such links for your convenience and you should not consider such linking as an endorsement by us of any business, product, service or information on that website. If you would like to link your website to our website, you must first obtain our written consent.
    4. You will be responsible for your use of any Website Information and any information on or from any website linked to our website. You should make your own investigations as to the quality and usefulness of all such information.
  3. Intellectual property rights
    1. You acknowledge that:
      1. the Website Information is of significant commercial value to us, the Industry Suppliers and our other licensors;
      2. all copyright, trade marks, database rights and other intellectual property rights in the directory listings, the Website Information and in the website itself are owned by us, the Industry Suppliers or our other licensors; and
      3. except as expressly stated in these Website Terms of Use, no right or licence is granted to you in relation to the Website Information or the intellectual property rights in such Website Information.
    2. You may use and copy the Website Information for your own personal or internal business purposes, provided that you do not:
      1. deface or remove any copyright notices or trade marks in any Website Information downloaded or copied by you from our website;
      2. compile or extract Website Information from this website for the purpose of making such information available to others (whether as a directory or otherwise) with a view to a profit or for a fee or other consideration; or
      3. use any trade mark in a manner that is reasonably considered by us, the Industry Suppliers or our licensors, to be a misuse or appropriation of that trade mark.
  4. Privacy Policy
    1. We may collect personal information when you use our website. Our collection and use of personal information is governed by our Privacy Policy. By accessing and browsing this website, you acknowledge acceptance of the terms of our Privacy Policy.
  5. Website integrity
    1. You must not attempt to:
      1. damage, interfere with or harm our website, or any network or system underlying or connected to our website, in any way whatsoever;
      2. amend any information contained on our website, unless you are expressly permitted by us to do so; or
      3. reverse engineer or decompile our website or any software comprising or underlying our website.
  6. Amendments
    1. We may amend these Website Terms of Use from time to time. Notice of any such amendments will be announced on this website and will be effective immediately, unless we state otherwise. You are responsible for reviewing our website regularly to obtain timely notice of any such amendments.
    2. Your continued use of our website will constitute your acceptance of any amendments or revisions to these Website Terms of Use.
  7. Warranties and liability
    1. You understand and agree that your use of our website and/or any services provided on our website or by us, is at your sole risk. Our website, the Website Information and the services provided by us are provided by us on an “as is” and “as available” basis. We disclaim and exclude any implied conditions or warranties (including, without limitation, any warranties of merchantability, quality and fitness for a particular purpose).
    2. Without limiting the above, we do not warrant that our website or any services provided by us will be available at all times, secure or error-free, or that any Website Information is error-free or reliable.
    3. In no event will we, or our employees, agents, directors and other personnel, have any liability to you (whether in contract, tort including negligence, or otherwise) in relation to your use of our website or any services provided by us or any Website Information, whether or not such liability is direct, indirect, consequential or of a special nature, including without limitation, any liability for loss of revenue, profit, anticipated savings, goodwill or opportunity, production or loss or corruption of data.
    4. None of the exclusions or limitations set out in these Website Terms of Use will have the effect of limiting or excluding any form of liability to the extent such liability cannot be so limited or excluded under applicable law.
  8. Non compliance
    1. If you do not comply with these Website Terms of Use we may suspend or block your access to our website and pursue any other legal actions or remedies available to us against you.
  9. Waiver
    1. Our failure or delay in the exercise of any right or remedy we may have under these Website Terms of Use will not be construed or operate as a waiver such right of remedy, nor will any single or partial exercise of any right or remedy preclude the further exercise of such right or remedy.
  10. 10. Governing law
    1. These Website Terms of Use will be governed by the laws of New Zealand. You agree to submit to the non-exclusive jurisdiction of the courts of New Zealand. You may only bring a claim or action against us in the courts of New Zealand.

Availabuild Limited Privacy Policy

In the course of operating our website and providing listing and other services, Availabuild Limited (“we” or “our” or “us”) may collect, use, disclose and hold information about an identifiable individual (“Personal Information”).

This Privacy Policy describes the Personal Information collected by us or our website and describes the purposes for which we may use, disclose or hold such Personal Information.

In this Privacy Policy, the following terms will have the following meanings:

  • “Direct Marketing Information” means marketing or promotional information about our services or products;
  • “Industry Supplier” means a person who has entered into a listing agreement with us for the supply of listing and other associated services; and
  • “Visitor” means a person that uses or browses our website and who is not an Industry Supplier.
 

  1. Visitors to our website
    1. If you are a Visitor, during your visit to our website we may collect statistical data about your visit, such as the date, time and length of your visit, the URLs or addresses of the website pages you visit, the operating system, browser, each engine and IP address used by the computer you are using to connect to the internet and the domain name from which you are accessing the internet. This information is collected by third party software operating on our website.
    2. We use and disclose such statistical data for the following purposes:
      1. to measure the effectiveness of listing or other advertising on our website;
      2. to identify user behaviour and industry trends on our website; and
      3. to maintain and optimise the technical performance, operation and security of our website.
    3. We may disclose such statistical data to others, including Industry Suppliers, but only on an aggregated basis and in a way that ensures that no individual is able to be identified from such data.
    4. If you are a Visitor, we will not use Personal Information collected by us or our website to send or email Direct Marketing Information to you, unless you have expressly asked us to send Direct Marketing Information to you. If you want us to stop sending Direct Marketing Information to you, you can contact us at any time to request that we stop sending you such information. You can either contact our Privacy Officer (see clause 10 below) or use the “Unsubscribe” facility at the bottom of any Direct Marketing Information email or communication that we send you.
  2. Industry Suppliers
    1. If you are an Industry Supplier, during the process of entering into a listing agreement with us you will provide us with Personal Information, for example, email addresses, phone numbers, credit card details, names and job titles. We may also collect other Personal Information about you during the course of your relationship with us, either directly from you or from third parties.
    2. If you do not provide the information requested by us or our website, we may not be able to enter into a listing agreement with you.
    3. We will use, disclose and hold such Personal Information for the purposes of:
      1. establishing and maintain your account and/or listings with us;
      2. providing you with listing and other associated services;
      3. contacting you about your registration, your account or the services we provide to you;
      4. arranging billing, payment, credit checks and verifying your identity;
      5. gauging customer satisfaction and providing customer services;
      6. providing technical support and administration;
      7. maintaining our records;
      8. addressing feedback or complaints and resolving disputes; and
      9. sending you Direct Marketing Information, if you have expressly asked us to.
    4. If you do not want us to send you any Direct Marketing Information, you can contact us at any time to request that we stop sending you such information. You can either contact our Privacy Officer (see clause 10 below) or use the “Unsubscribe“ facility at the bottom of any Direct Marketing Information email or communication that we send you.
    5. We may also publish Personal Information collected from you (except for any credit card details) on our website as part of your Listing, advertising or submission to an on-line member forum. You should not submit to us any Personal Information that you do not want published on our website, for example, a home phone number.
  3. Cookies
    1. Our website may use cookies. “Cookies” are pieces of software that are placed on the computer that you are using to access the internet. Cookies are designed to remember information about your personal preferences for our website. We will only use and disclose such information so that our website will remember you next time you visit and, if you have entered into a listing agreement with us and have selected this option, to automatically log you in to our website. You can change the settings on your browser to reject some cookies, but this may reduce the functionality of our website.
  4. Disclosing Personal Information to third parties
    1. We will not sell your Personal Information to direct marketers.
    2. We will not use your Personal Information, or disclose your Personal Information to third parties, except:
      1. to the extent reasonably necessary to achieve any of the purposes described in clauses 1 or 2; or
      2. where we reasonably believe that such use or disclosure is required or expressly permitted under any applicable law.
    3. 4.3 We will not hold your Personal Information for longer than is reasonably required for the purposes for which we may lawfully use that Personal Information.
  5. Your rights to access and correct Personal Information
    1. Where we hold Personal Information about you, you have a right to access and correct that Personal Information in accordance with the Privacy Act 1993. If you want to access or correct your Personal Information, please contact our Privacy Officer (see clause 10 below) and he/she will tell you how to make a request and if any charges will apply.
  6. Security
    1. 6.1 We will use all reasonable endeavours to effect and maintain adequate security measures to safeguard the Personal Information we hold from loss or unauthorised access, use, modification or disclosure. However, as the internet is an open network, we do not warrant or guarantee that your Personal Information is safe from loss or unauthorised access, use, modification or disclosure, either during transmission to or from our website, or when held by us.
  7. Other websites
    1. Other websites that are linked to our website may have privacy policies that govern the use of information collected by those other websites. We are not responsible for any information collected by those other websites, or the privacy or data protection practices of the operators of those other websites.
  8. Website Terms of Use
    1. 8.1 Your use of our website is also governed by our Website Terms of Use. By accessing and browsing our website, you also agree to comply with the terms of our Website Terms of Use.
  9. Amendments
    1. We may amend this Privacy Policy from time to time. Notice of any such amendments will be announced on this website and will be effective immediately, unless we state otherwise. You are responsible for reviewing our website regularly to obtain timely notice of any such amendments.
    2. Your continued use of our website will constitute your acceptance of any amendments or revisions to this Privacy Policy.
  10. Contacting us or our Privacy Officer
    1. If you:
      1. have any questions about this Privacy Policy or our privacy and data protection practices;
      2. want to access or correct any Personal Information we hold about you; or
      3. want us to stop sending you Direct Marketing Information,

      please contact our Privacy Officer:

      Kristin Savage
      Privacy Officer
      Availabuild Limited
      PO Box 9785
      Wellington 6141
      New Zealand

Availabuild Limited Listing Agreement

This Listing Agreement (“Agreement”) sets out the terms and conditions upon which Availabuild Limited (“we” or “our” or “us”) agrees to provide you with listing, advertising and other services on, or in relation to, our website, currently located at www.availabuild.co.nz.

If you accept these terms and conditions please click on the checkbox beside “I accept the Listing Agreement” in the form preceeding this Agreement. If you do not accept these terms and conditions, you must not click the checkbox beside “I accept the Listing Agreement” and you will have no right to list your business, association, materials, services or products on our website or to receive any other services from us.

  1. Our Service
    1. Using our website, we provide:
      1. a venue for tradespersons and others in the building and construction industry (“Industry Suppliers”) to display online schedules showing the dates the Industry Suppliers are available for work, and to advertise their products, materials and services on our website (“Listing”); and
      2. other associated services from time to time, (“Services”).
  2. Eligibility
    1. The Services are only available to, and may only be used by, persons or entities that can form legally binding contracts under New Zealand law. The Services are not available to individuals under the age of 18.
    2. If you subscribe to any of the Services as a business entity or other entity or association, you represent that you have authority to bind the relevant entity or association to this Agreement.
    3. We may decline to register you as a subscriber of the Services for any reason and we are not obliged to state such reason.
  3. Listing Packages
    1. We have a number of different Listing packages for the Services for you to choose from. For details of our Listing packages (and our standard Listing fees) see pricing & payments.
    2. To subscribe to any Services for the first time, you must first read this Agreement and indicate your acceptance of these terms by clicking on the “I Accept” button below. You may then subscribe for the relevant Services by completing the information required by us.
    3. You agree that we may perform credit checks upon you, and you consent to us contacting other people to enable us to conduct such credit checks.
    4. Once you have subscribed for any Services you will automatically become a registered member of our website.
  4. Duration of Listing
    1. Your Listing will remain on our website for the period specified in the relevant Listing package, unless you or we terminate the Listing early under this Agreement.
  5. Submission of Listings
    1. You are responsible for ensuring that your online availability schedule is accurate and kept up-to-date. If you are unavailable for work on a particular date you must update your online schedule accordingly as soon as reasonably practicable.
    2. For any Listing, advertising, specifications, information or other content that you submit to us or upload on to our website (“Listing Information”), you expressly undertake and warrant that:
      1. it is current, accurate and complete in all respects at the time you submit or upload it, and you will keep it current, accurate and complete by uploading the necessary changes directly to our website or notifying us in writing of any necessary changes;
      2. it does not contain anything that:
        1. is misleading or deceptive, is likely to mislead or deceive, or otherwise breaches the Fair Trading Act 1986 or any equivalent trade practices or fair trading legislation in any country;
        2. is or is likely to be defamatory, offensive, obscene, indecent, unlawful, illegal or objectionable;
        3. infringes any copyright or other intellectual property rights of any person in relation to the content of the Listing or Listing Information or the software used to upload the Listing or Listing Information to our website; or
        4. breaches any provision of any statute, regulation, by-law or other legal obligation;
      3. you will only list or advertise products, materials and services that you are lawfully permitted to sell or otherwise supply;
      4. our publication or use of such Listing or Listing Information will not give rise to any liability on our part or in a claim being made against us; and
      5. you will not exceed any size or other limit described in the Listing package that you have subscribed to.
    3. If you would like us to upload information to our website on your behalf, we reserve the right to charge you a fee in addition to the applicable Listing fee. We will advise you of any additional fee at the time you ask us to upload information on your behalf.
  6. Right to refuse or withdraw your Listing
    1. We reserve the right at any time to refuse to publish, or to withdraw, any part of your Listing or the Listing Information from publication on our website if we reasonably believe you are in breach of any of the provisions of clause 5 or any other term of this Agreement.
  7. Indemnity
    1. You agree to at all times indemnify us and our directors, employees, agents and other personnel against any and all liability, claims, losses, damages, costs or other expenses of any nature whatsoever awarded against, incurred or suffered by us or our directors, employees, agents and other personnel arising out of or in connection with your Listing or Listing Information or your breach of this Agreement.
  8. Intellectual property rights
    1. You grant to us a perpetual, irrevocable, royalty-free, transferable and sub-licensable licence to:
      1. publish your Listing and Listing Information on our website;
      2. provide your Listing or Listing Information to other Industry Suppliers, users of our website or any other person requesting information from us;
      3. reproduce your Listing and Listing Information in any print, digital or electronic advertising media we offer now or may offer in the future in relation to the Services; and
      4. permit users of our website to use your Listing and Listing Information for their own personal or internal business purposes.
    2. You acknowledge and agree that all intellectual property rights in our website are owned by us or our licensors. You may not in any form or by any means adapt, reproduce, store, perform, publish or create any derivative works from any part of our website, or commercialise or on-sell any information obtained from our website, other than your Listing or Listing Information.
  9. Right to vary and delay
    1. We may edit, correct, amend or modify your Listing or Listing Information to conform to the style, font, page size or format used in the pages of our website.
    2. We may delay publication of your Listing or any Listing Information if we believe it contains any error or omission, or if we believe that it does not comply with your obligations under this Agreement. No refunds or compensation will be provided for such delays.
  10. Errors and complaints
    1. All Listings and Listing Information are published by us in good faith.
    2. You must contact us immediately if you become aware of an error or omission in any Listing or Listing Information. If an error or omission is our fault, we will use all reasonable endeavours to correct such error or omission as quickly as practicable, but will not be liable for any losses (whether direct, indirect, or consequential) arising from any error, omission or failure to publish your Listing or your Listing Information. If an error or omission is not our fault, we may charge you a fee for rectifying such error or omission.
    3. We will only investigate complaints during our normal business hours.
  11. Cancellation
    1. No refunds will be given for any cancellation of any Listing by you or us under this Agreement, except where the terms of the relevant Listing package expressly allow for a refund or rebate and where such cancellation has not arisen as a result of misuse by you of the Services or breach by you of the terms of this Agreement. If the terms of the relevant Listing package expressly allow for a refund or rebate, then such refund or rebate will be provided subject to those terms.
    2. If you wish to cancel a Listing, please contact us during our normal business hours and we will use reasonable endeavours to remove your Listing and Listing Information from our website as soon as reasonably practicable.
  12. Listing fee
    1. You agree to pay all fees and charges incurred in respect of the Listing package and other Services you buy from us. You must prepay such fees by cheque, credit card or other means notified by us to you.
    2. We reserve the right to vary our standard Listing fees at any time. We may correct pricing errors at any time. All fees are exclusive of any GST or other taxes, which you will pay in addition unless otherwise stated.
  13. Details
    1. You will promptly notify us of any changes to your contact details and provide such other information that we may reasonably require from you from time to time.
    2. You agree not to:
      1. impersonate another person, business, association or other entity;
      2. use a false name or a name you are not authorised to use;
      3. create a false identity or provide a false address or email address; or
      4. be misleading as to the identity or origin of any communications.
    3. You are responsible for keeping your login information, including your log-in ID and password, secret and secure. You agree not to permit any other person to use your log-in information or to access your subscription to the Services and not to disclose (directly or indirectly) any information that may allow a third person to gain access to your subscription.
  14. Privacy Policy / Website Terms of Use
    1. Personal information collected from you during the subscription process or during the term of this Agreement will be used, disclosed and held by us in accordance with our Privacy Policy.
    2. You acknowledge that you have read our Privacy Policy and accept its terms. You acknowledge that our Privacy Policy may be amended or reviewed from time to time and that your continued use of our website will constitute acceptance of any amendments or revisions to our Privacy Policy.
    3. You acknowledge that you have read our Website Terms of Use and agree to comply with its terms, as amended by us from time to time.
  15. Amendments
    1. We may amend this Agreement from time to time. Notice of any such amendments will be announced on our website and will be effective immediately, unless we state otherwise. You are responsible for reviewing our website regularly to obtain timely notice of any such amendments.
    2. Your continued Listing and use of the Services will constitute your acceptance of any changes or revisions to this Agreement.
  16. Warranties and liability
    1. You understand and agree that your use of the Services is at your sole risk. You are responsible for the content of your Listings and the Listing Information (including any information contained in any websites where you have included hypertext links to those websites in your Listing or Listing Information). You are solely responsible for any representations, warranties or statements made in your Listing or Listing Information.
    2. The disclaimers and exclusions specified in our Website Terms of Use apply to your Listing and any Services provided by us to you. If, despite such disclaimers and exclusions, we are found to have any liability under this Agreement, the maximum amount of our liability arising out of any and all claims under this Agreement or relating to your Listing or the Services, will not in any circumstances exceed the actual Listing fee paid by you in the 12 month period prior to the date any such liability first arose.
  17. Non compliance
    1. If you breach any terms of this Agreement or the Website Terms of Use, we may
      1. suspend your subscription to the Services;
      2. cancel your subscription to the Services and terminate this Agreement; and/or
      3. pursue any legal actions or remedies available to us against you.
  18. Waiver
    1. Our failure or delay in the exercise of any right or remedy we may have under this Agreement will not be construed or operate as a waiver of such right or remedy, nor will any single or partial exercise of any right or remedy preclude the further exercise of such right or remedy.
  19. Governing law
    1. This Agreement will be governed by the laws of New Zealand. You agree to submit to the non-exclusive jurisdiction of the courts of New Zealand. You may only bring a claim or action against us in the courts of New Zealand.