1. Acceptance of Terms and Conditions

1.1 These Terms and Conditions formally set out your obligations relating to accessing services and the Website. They highlight that we will do our best to help you have a good experience, but are not responsible for performance of the Tradesperson you find. We also expect everyone to be honest in their dealings.

1.2 By registering as a Builderscrack Tradesperson or User you accept these Terms and Conditions. These Terms and Conditions may be changed or amended at any time at the sole and absolute discretion of Builderscrack. Amendments will be effective immediately upon posting the amended Terms and Conditions on the Website. You are responsible for ensuring you are familiar with the latest Terms and Conditions. Your continued use of the Website and services represents your agreement to be bound by the Terms and Conditions as amended from time to time.

2. Definitions

2.1 Defined Terms: In these Terms and Conditions, the following words have the meaning set out below:

Builderscrack means MyQuote Limited (trading as Builderscrack);

Estimator means the back of the envelope estimator calculator provided to Users on the Website enabling them to obtain an estimate for a project’s cost;

Member means either a User or Tradesperson;

Privacy Policy means our privacy policy uploaded on the Website and amended from time to time;

services means any services offered by Builderscrack from time to time including but not limited to the Estimator, quoting services, Tradesperson matching, account servicing, providing a feedback forum, message boards, SMS alerts and any other service that Builderscrack may offer through its Website from time to time;

Terms and Conditions means these terms and conditions as they may be updated from time to time and shall include our Privacy Policy;

Tradesperson is a tradesperson registered on the Website to provide professional quotes and services to Users;

Users means any consumer registered on the Website to make enquiries about quotes and services provided by Tradespersons;

We and us are references to Myquote Limited (trading as Builderscrack);

Website means any Builderscrack Website through which the services are offered; and

You and your are references to you.

3. General Rules and Conduct

3.1 General:

3.1.1 All requests, quotations or communications made through Builderscrack shall be made in good faith.

3.1.2 You must not damage, interfere with or harm the Website or services, or any network, or system underlying or connected to them, or attempt to do so.

3.1.3 You may not use a robot, spider, scraper or other automated means to access the Website or information featured on it for any purpose.

3.1.4 You shall not list your email address, phone number or any other contact detail within the description of your Member profile, or in the message boards. However, you may enter your appropriate contact details in the relevant contact detail fields to be used when a quotation is accepted.

3.1.5 You must quote in New Zealand Dollars and include GST in the price. All tax obligations are the responsibility of the Tradesperson and/or the User (as the parties determine).

3.1.6 You must not complete a transaction outside of the Builderscrack process or otherwise seek to avoid Builderscrack’s success fees referred to in paragraph 7. Attempts by you to avoid fees may result in Builderscrack suspending or terminating your Membership at the discretion of Builderscrack.

3.2 Your Obligations as a Tradesperson:

3.2.1 You will only provide quotes to Users that are accurate, current, complete, and include all relevant information about the terms of trade services and payment terms.

3.2.2 You will only provide a quote for trade services if such trade services can be provided.

3.2.3 You agree to your email address and contact details being supplied to the User in respect of a request.

3.2.4 You agree to notify Builderscrack of any quotation accepted by a User and pay the success fee to Builderscrack on presentation of invoice.

3.3 Your Obligations as a User:

3.3.1 You must only place a request if you intend to pay for the relevant trade services.

3.3.2 If you choose to complete a transaction with a Tradesperson, you warrant and represent that you have the legal right to enter into and complete the transaction.

3.3.3 You must make full and prompt payment for any services you purchase from a Tradesperson.

3.3.4 You agree to your contact details being supplied to the Tradesperson (as chosen by you) when you make a request.

4. Access to Website

4.1 Users/Tradespersons: You may gain access to Builderscrack services through the Website only through the use of your email address and your chosen username and password. By registering as a User, you warrant that you can form a legally binding contract with us under these Terms and Conditions.

4.2 Breach of Security: If you have any reason to believe that the security of your password has been compromised you shall take all steps to change it on the Website. You shall remain liable for any unauthorised use of the Website until the change is effected.

4.3 Security of Your Login Information: You are responsible for keeping your log in information, including your email address, username and password, secret and secure, including (but not limited to), you agree:

4.3.1 not to permit any other person to use your username or Membership; and

4.3.2 not to disclose or provide to any other person, your password, username, email address, date of birth or any other information in connection with your Membership that may allow them to gain access to your Membership.

4.4 Becoming a Member: You may only register as a User or Tradesperson if you are a resident or citizen of New Zealand and can form a legally binding contract that is enforceable against you.

4.5 Accurate Information: You warrant that you have provided complete, accurate and current personal information when registering as a User or Tradesperson. You must maintain and update your personal information held by Builderscrack to ensure it is kept current at all times. Builderscrack may phone or mail you to verify these details. You must not register as a Member under multiple identities or personas (whether false or not). However at Builderscrack’s discretion, you may create a business Membership in addition to your personal Membership.

4.6 Emails and Newsletters: Builderscrack will send you emails relating to your Membership, transactions and other activities on the Website and for promoting and marketing other service requests, quotation requests or Builderscrack products and services to you. Builderscrack may also send regular electronic newsletters to Members. Newsletters will contain clear and obvious instructions of how you can unsubscribe from the mailing list if required.

5. Builderscrack services

At Builderscrack, we are committed to making your total Builderscrack experience a positive one.

5.1 Estimator: Builderscrack provides the estimator to Users to enable them to obtain an estimate for a project’s cost. The estimate is provided for informational purposes only and is generated as a range based on average cost and pricing information available to Builderscrack through its Website and other means. Actual costs may differ from those derived because of local cost differences, site specific project issues or varying market rates. The estimate obtained using the Estimator service does not give rise to any commitment on Builderscrack or Builderscrack Tradepersons.

5.2 Quoting services:

5.2.1 Builderscrack provides services that enable Users to request quotes from Builderscrack Tradespersons (job request). We will match the User’s job request with multiple Tradespersons.

5.2.2 Upon entering your information and a job request on the Website, we will provide you with a list of up to 12 trade professionals in your area (if any) who have expressed an interest in providing a quote and fulfilling your job requirements (Quoting services). You will be notified of interest in your enquiry from Builderscrack Tradespersons directly. While we will do our best, we do not guarantee that we will be able to match your trade service needs with a Tradesperson or that there are Tradespersons in your area that are capable of or willing to complete your service request.

5.2.3 We do not:

(a) guarantee or make representations regarding the skills or representations of any Tradeperson using our Website or the quality of the job that he or she may perform for you if you elect to retain their services; or

(b) endorse or recommend the services of any particular Tradeperson.

5.2.4 Builderscrack is at no time or in no way a party to any contract between you and a Tradesperson and we are not to be included or mentioned in any such contract.

5.2.5 The Tradespersons are not employees or agents of Builderscrack.

5.3 Completed Contract: If, following a job request, a quote made by a Tradesperson is accepted by the User, then a contract is deemed to have been made between the User and Tradesperson unless explicitly stated otherwise.

5.4 Other services: Builderscrack shall also provide a feedback mechanism for Users to post feedback about a Tradesperson used. The terms specific to feedback are set out under paragraph 8;

5.5 Specific Warnings:

5.5.1 The services: We provide a venue to introduce Members who want to request and provide trade services. We do not take any part in the provision of such services other than by providing the services made available on our Website. If a quote is accepted by a User, a contract of sale will be formed between the Tradesperson and User directly. We do not act as agent for either party and do not participate in any sale or transaction between you and other Members.

5.5.2 At Your Own Risk: Transactions and all other contact between you and other Members are conducted entirely at your own risk. You agree that Builderscrack takes no responsibility or liability for any misconduct of any of its Members including, without limitation, Members that have registered under false pretences or who attempt to defraud you. Builderscrack gives no undertakings, representations, or warranties in relation to trade services requested by a User or quoted by a Tradesperson, including:

(a) as to the content, safety, description, worthiness, quality, or legality of the trade services that are listed on the Website;

(b) as to the accuracy or truth of requests or quotations;

(c) that any trade services will meet your requirements or expectations;

(d) about the ability of Members to complete and/or pay for a transaction, including credit card transactions; or

(e) ownership of any item.

5.6 Disclaimer:

5.6.1 You expressly understand and agree that:

(a) your use of the services is at your sole risk. The Website and services are provided on an as is and as available basis. To the maximum extent permitted by law Builderscrack disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;

(b) Builderscrack does not warrant that i) the services provided will be uninterrupted, timely, secure, or error free, or ii) that any information (including Feedback) provided on the Website is error-free or reliable;

(c) no advice or information that is obtained by you from Builderscrack or anyone else shall create any warranty by Builderscrack that is not expressly stated in the Terms and Conditions; and

(d) responsibility for the content of advertisements appearing on the Website (including hyperlinks to advertisers' own Websites) rests solely with the advertisers. The placement of such advertisements on the Website does not constitute Builderscrack's recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.

5.7 Liability: You agree that, to the maximum extent permitted by law, any liability and responsibility of Builderscrack to you or any other person in connection with these Terms and Conditions, the services or this Website is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Builderscrack's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data loss of business, general and special damages, and consequential and incidental loss.

5.8 Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these Terms and Conditions, your failure to complete a transaction, your use of Builderscrack's customer ratings, or arising out of any content or item you submit, post, transmit, or make available through the services.

5.9 Breach:

5.9.1 Without limiting any other rights and remedies available to Builderscrack, Builderscrack may limit your activities on the Website, remove your requests or account details, warn other Members of your actions, issue a warning to you, suspend or terminate your Membership, or refuse to provide our services to you if you breach these Terms and Conditions or where Builderscrack considers in its sole discretion it appropriate.

5.9.2 Builderscrack 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, Builderscrack advises you to satisfy yourself as to the accuracy of the information provided by each Member.

6. Provision of Information

6.1 User Details: As a User, you agree that when you post a job on the Website, multiple Tradespersons may be provided with your contact information and may make contact. Users may choose which contact details they allow to be provided to Tradespersons when signing up (email, mobile phone, home/work phone). The personal contact details of the User will remain confidential until a Tradesperson views a job, requests the contact details of the relevant User, and the User grants the Tradesperson access to their contact details.

6.2 Contacting Users: By providing this information to us, or by submitting a job request, you are requesting for Builderscrack’s services, and you expressly consent to being contacted by us and by our Tradepersons via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, in order for us to provide the services, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to your job request and our business, including marketing related emails. For complete details on our use of your information, please see our Privacy Policy.

6.3 Accuracy: 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 Builderscrack has reasonable grounds to suspect that such information is inaccurate, untrue or false, Builderscrack has the right to refuse any current or future use of the Builderscrack services or Website (or any portion thereof) by you.

6.4 Indemnity: 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 Builderscrack and its Tradepersons, 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 Builderscrack and each Tradesperson who accepts such job request, for any loss whatsoever that may arise from such intentional, misleading, harmful and fraudulent activity, plus reasonable legal fees, cost and expenses relating thereto.

7. Fees and Accounts

7.1 Fees:

7.1.1 Free Registration: Becoming a User or Tradesperson is free. Builderscrack charges Tradespersons a fee when they successfully bid for a job generated through the Builderscrack Website. The Website is completely free to Users.

7.1.2 Fees:

(a) Builderscrack current fees are listed on our Fees Page on the Website. Any fee payable to Builderscrack will be invoiced to the Tradesperson by Builderscrack and payable within seven days of receipt of invoice. Builderscrack reserves the right to request documentation from Users or Tradespersons to demonstrate the value of a completed job.

(b) Builderscrack reserves the right to change the fees charged for any of our services at any time. In the event that we introduce a new Service, the fees for that Service are effective at the launch of the Service, unless otherwise stated.

(c) All fees are exclusive of GST and are New Zealand Dollars unless otherwise stated.

(d) Before quoting for a User’s service request, you should review Builderscrack’s fees to ensure you are aware of the fees that you will incur.

(e) Builderscrack reserves the right to take action against you to recover outstanding debt. You are liable for all expenses (including legal fees) that Builderscrack incurs in collecting that debt.

7.2 Builderscrack Accounts:

7.2.1 Pro Tradesperson Account: If you are a Pro Tradesperson and have registered with Builderscrack by paying an annual subscription fee, in the event that you terminate your account prior to the expiry of your annual subscription, Builderscrack shall not be responsible for any refunds or reimbursements to you of fees paid in advance.

8. Feedback

8.1 Builderscrack encourages Users to provide feedback, ratings and reviews about the Tradeperson you have used. Builderscrack reserves the right to publish feedback from Users, including ratings and statistics based on Tradesperson activity on the Website and will use this information to monitor the performance and continued Membership of Tradepersons.

8.2 Feedback must not contain offensive, defamatory or inappropriate language. Builderscrack reserves the sole right to determine what is considered offensive, defamatory or inappropriate language.

8.3 You may only give Member feedback that relates to a specific transaction. You must not post feedback on a transaction that does not relate to that specific transaction.

8.4 You must not post feedback about yourself or include any contact details or personal information in your feedback.

8.5 Feedback is provided for the sole purpose of facilitating trading between Members on the Website. You must not market or export any feedback to any venue other than the Website. Linking to your Builderscrack feedback from other Websites will be considered a breach of our Terms and Conditions.

8.6 Builderscrack accepts no responsibility for any offensive, defamatory or inappropriate feedback submitted on the Website.

9. Intellectual Property

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, and software, are the property of Builderscrack 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 Builderscrack and protected by New Zealand and international copyright laws. All software used on this site is the property of Builderscrack 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.

Builderscrack is a registered trademark of myQuote Limited. Aspects of the homeowner-trade process are protected by provisional patents #567109 and #567714.