1.1 Defined Terms:
In these Terms, unless the context otherwise requires, the following words have the meaning set out below:
Automatic renewal - has the meaning given in clause 9.6.
Builderscrack means MyQuote Limited (trading as Builderscrack);
Data means any data inputted into the Website by you or on your behalf, including personal information, images and videos.
Direct enquiry means the homeowner selects a specific tradesperson from a public profile, to send their job request to.
Directory means listings of Tradespeople’s Profiles.
Estimator means the estimator calculator provided to Homeowners on the Website enabling them to obtain an estimate for a project's cost;
Homeowner means any consumer registered on the Website to make enquiries about quotes and services provided by Tradespeople. Tradespeople may also behave as Homeowners when enquiring about quotes or services provided by other tradespeople;
Job Request meaning given in clause 7.2;
Listing means a listing or posting exclusively for the purposes of long-term, short-term or temporary employment/contracting;
Member means either a Homeowner or Tradesperson;
Membership means any a Tradesperson or Homeowners membership with Builderscrack to which these Terms apply;
Mobile Application means any Android, IOS or other platform application designed for use on a mobile or tablet device released by Builderscrack in order to assist in the access and use of the Website and the Services;
Legacy subscription means a subscription (such as Leads Unlimited or Premium Profiles) that is no longer part of Builderscrack core paid subscription offering has the meaning set out in clause 9.6;
Profile means a Tradesperson’s Profile Listing within our Directory.
Services means any services offered by Builderscrack from time to time including but not limited to the Estimator, quoting services, Tradesperson matching, Listing, Profiles, 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;
Shortlisted means being selected by a Homeowner to communicate with them in regards to the posted job;
Subscription means an optional paid service that accesses more features and functionality, and has has the meaning set out in clause 9.6; Packages is a bundle of features and functionality, that can be accessed through a subscription (further defined as Standard, Business, Advantage), and has has the meaning set out in clause 9.6;
Success Fee has the meaning set out in clause 9.3;
Terms means these terms and conditions as they may be updated from time to time;
Tradesperson means a tradesperson registered on the Website to provide professional quotes and services to Homeowners and Tradespeople has a corresponding definition;
Trade Leads means Builderscrack matches the Homeowner’s Job Request with multiple Tradespeople.
User means Homeowner or Tradesperson;
We and us are references to Builderscrack;
2.1 Summary: These Terms formally set out your obligations relating to accessing and using the 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.
2.2 Acceptance and changes: By registering as a Tradesperson or Homeowner on Builderscrack you accept these Terms. These Terms 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 on the Website. You are responsible for ensuring you are familiar with the latest Terms. Your continued use of the Website and Services represents your agreement to be bound by the Terms as amended from time to time.
3.1 Registration: To request registration to use the Services on the Website, you must provide us with all Member account details and other information requested by us, which includes your name and email address.
3.2 Eligibility: To be eligible to use the Services you must:
3.2.1 be eighteen (18) years of age or older;
3.2.2 have the right, authority and capacity to enter into these Terms and commit to abide by all of the Terms;
3.2.3 have provided complete, accurate and current personal information and other account details when registering with us;
3.2.4 if you are a Homeowner, own property in New Zealand or have permission from the property owner; and
3.2.5 if you are a Tradesperson, be a resident or citizen of New Zealand, or a New Zealand entity. If you register on behalf of an entity, you are deemed to have agreed to these Terms on behalf of that entity
4.1 Right to Use: Subject to you complying with these Terms, we grant you the non-exclusive right to access and use the Website for the sole purpose of accessing and using these Services.
4.2 Restrictions: When using the Services you agree and acknowledge that:
4.2.1 All requests, quotations or communications made through Builderscrack must be made in good faith;
4.2.2 All requests, communications, emails and correspondence made through, on the Website or to the Users, must not contain any offensive, insulting, defamatory or inappropriate language and you acknowledge Builderscrack reserves the right to determine what is offensive, insulting, defamatory or inappropriate and to take action against such Members, including the suspension, deactivation and permanent banning of Members from the site;
4.2.3 You may not use the Website or Services for any unlawful purpose;
4.2.4 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;
4.2.5 You may not use a robot, spider, scraper or other automated means to access or use the Website, Services or information featured on the Website for any purpose;
4.2.6 You must not list your email address, phone number or any other contact detail within the description of your Member profile or in the Job Request. However, if you are a Tradesperson, you may enter your appropriate contact details in the relevant contact detail fields to be used when you have been Shortlisted; and
4.2.7 All tax obligations are the responsibility of the Tradesperson and/or the Homeowner (as the parties determine).
5.1 Your Obligations as a Tradesperson:
5.1.1 You will only provide quotes to Homeowners that are accurate, current, complete, and include all relevant information about the terms of trade services and payment terms.
5.1.2 You agree to only accept a job lead if you have the current capacity, resources and skills to complete the requested work.
5.1.3 You agree to only provide a quote for trade services if such trade services can be provided.
5.1.4 You must quote in New Zealand dollars. If you are GST registered, you must include GST in the price.
5.1.5 You must not complete a transaction outside of the Builderscrack process or otherwise seek to avoid the Success Fees referred to in clause 9. Attempts by you to avoid fees may result in Builderscrack suspending or terminating your Membership at the discretion of Builderscrack.
5.1.6 You agree to your email address and contact details being supplied to the Homeowner in respect of a Job Request.
5.1.7 You agree to notify Builderscrack of any quotation accepted by a Homeowner.
5.1.8 You agree to pay all fees to Builderscrack on invoices raised as described in our fees.
5.1.9 If the job is indicated as a Success Fee job, then the payment of the Success Fee is required for any paid work which is gained through the use of the Service, even if the final result differs from the original job posted.
5.1.10 When a quote or final price is agreed upon the Tradesperson must provide Builderscrack with the agreed amount. Credits or additional invoices will be raised if the job cost is updated.
5.1.11 You agree to abide by any promotions, specials or similar offered to Homeowners by Builderscrack, either through the Website or a third party.
5.1.12 The value of Builderscrack rests in its thriving marketplace of Homeowners and Tradespeople. It is a violation of these Terms to:
(a) intentionally avoid the payment of Builderscrack's Success Fees referred to in clause 9 by arranging jobs with Homeowners outside of the context of the Website; or
(b) refer a job or work on to a third party. Such referrals will incur the usual fee as indicated in section 9.1.
Attempts by you to avoid fees may result in Builderscrack suspending or terminating your Membership at the discretion of Builderscrack.
5.1.13 If you are not satisfied with a review that has been placed you may not threaten, coerce or intimidate a Homeowner into changing a review. If you believe a review is offensive, insulting, or defamatory please contact Builderscrack.
6.1 Your Obligations as a Homeowner:
6.1.1 You must only place a Job Request if you intend to pay for the relevant trade services.
6.1.2 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.
6.1.3 You must make full and prompt payment for any trade services you purchase from a Tradesperson.
6.1.4 You agree to your contact details being supplied to the Tradesperson (as chosen by you) when you make a Job Request.
6.1.5 You must not post a job with the intention of targeting Tradespeople for any other purpose other than completing a specific job. If you would like to target the Builderscrack database of Tradespeople or Homeowners for other reasons, including (i) recruiting staff, (ii) advertising your products, (iii) any other reason, then you must contact Builderscrack to discuss other options.
6.1.6 If you have any intention to recruit or hire staff, employ or contract services on a full time, part time, permanent, fixed term or casual basis or engage with a contractor over an extended period of time for work that would not normally be considered routine (i.e lawn mowing), then the Homeowner must post a Listing. Failure to post a Listing will result in additional fees.
6.1.7 When awarding a job to a Tradesperson you are required disclose to Builderscrack the amount that you have been invoiced or quoted by the Tradesperson. This amount includes all labour, materials, and GST (if any).
7.1 Estimator: Builderscrack provides the Estimator to Homeowners 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 any Tradespeople.
7.2 Quoting Services:
7.2.1 Builderscrack provides Services enabling Homeowners to request quotes from Builderscrack Tradespeople (Job Request). Homeowners can submit Job Requests using our primary job post method (Trade Leads) or directly to a Tradesperson (Direct Job).
7.2.2 Upon entering your information and a Job Request on the Website, we will provide you with a list of trade professionals in your area (if any) who have expressed an interest in providing a quote and fulfilling your job requirements. You will be notified of interest in your enquiry from Tradespeople 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 Tradespeople in your area that are capable of or willing to complete your service request.
7.2.3 Upon entering your information and a Job Request on the Website (Direct Job), we will send your request to the Tradesperson. You will be notified if the Tradesperson accepts your request to connect. While we will do our best, we do not guarantee that your preferred Tradesperson will accept your Job Request or that the Tradesperson is capable of or willing to complete your service request.
7.3 Listing Services:
7.3.1 Builderscrack provides Services enabling Homeowners to recruit or hire staff, employ or contract services on a full time, part time, permanent, fixed term or casual basis, or engage with a contractor over an extended period of time for work that would not normally be considered routine. Homeowners wishing to do this must use our Listing feature.
7.3.2 Prior to posting a Listing you will be required to enter your credit/debit card details. Once you enter the details of your Listing we will notify the relevant Tradespeople. We will notify you of any interested parties. We will then present you with different pricing options based on the number of interested Tradespeople. Select the preferred option and we will attempt to charge your credit/debit card. Once payment is successful we will present you with the contact details of the selected number of interested parties. We do not inform Tradespeople that they have been selected. It is your responsibility to communicate with any one or more of the Tradespeople presented.
7.4 Acknowledgements: You acknowledge that:
7.4.1 we do not guarantee or make representations regarding the skills or representations of any Tradesperson using our Website or the quality of the job that he or she may perform for you if you elect to retain their services;
7.4.2 we do not endorse or recommend the services of any particular Tradesperson; and
7.4.3 the Tradespeople are not employees or agents of Builderscrack.
7.5 Completed Contract: If, following a Job Request, a quote made by a Tradesperson is accepted by the Homeowner, then a contract will be formed between the Tradesperson and Homeowner directly. Builderscrack is at no time or in no way a party to any contract between the Homeowner and Tradesperson and we are not to be included or mentioned in any such contract.
7.6 Other Services: Builderscrack also provides a feedback mechanism for Homeowners to post feedback about a Tradesperson used. The terms specific to feedback are set out under clause 10.
7.7 Relationship: We provide a platform 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. Nothing in these Terms is intended to create any partnership, employment relationship, agency, or joint venture with Builderscrack, any Homeowner and/or any Tradesperson.
8.1 Homeowner Details: As a Homeowner, you agree that when you post a Job Request on the Website, multiple Tradespeople may be provided with your contact information and may make contact with you. Homeowners may choose which contact details they allow to be provided to Tradespeople (such as phone). The personal contact details of the Homeowner will remain private until a Tradesperson views a job, requests the contact details of the relevant Homeowner, and the Homeowner allows the Tradesperson access to their contact details.
8.3 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.
8.4 Indemnity: Inputting false information, including name, phone number, address or email address is fraudulent and a serious matter that could result in costs and damages to Builderscrack Tradespeople, including the loss of time, effort and expense responding to and pursuing such false information and requests, and further, could result in regulatory fines and penalties. Accordingly, if you knowingly input false information in a Job Request, including using someone else's name, email address, physical address or phone number or a random or fictitious 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 including any reasonable legal fees, cost and expenses.
9.1 Free Registration: Becoming a Member is free. Builderscrack charges Tradespeople a fee when they successfully bid for a job on the Builderscrack Website. Additional paid subscriptions can be added to the base free membership.
9.2 Tradespeople Fees:
9.2.1 Builderscrack’s 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 the period indicated on the invoice. Builderscrack reserves the right to request documentation from Homeowners or Tradespeople to demonstrate the value of a completed job. Builderscrack will credit Success Fees paid on jobs where the Tradesperson can demonstrate, within a reasonable length of time of the invoice issue date, that payment was not received from the Homeowner due to no fault on the Tradesperson’s part.
9.2.2 All jobs posted on the Website must be for specific tasks/work to be completed. Jobs which are posted that contain non-specific details (including advertising or recruitment) may be subject to additional charges at the discretion of Builderscrack. If there is any intention to recruit or hire staff, employ or contract services on a full time, part time, permanent, fixed term or casual basis or engage with a contractor over an extended period of time for work that would not normally be considered routine (i.e lawn mowing) then the Homeowner must post a Listing. The fees for a Listing is specified at the time a Listing is made.
9.2.3 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.
9.2.4 All fees are exclusive of GST and are New Zealand Dollars unless otherwise stated.
9.2.5 Before chasing a job, you should review Builderscrack's fees to ensure you are aware of the fees that you will incur.
9.2.6 Builderscrack reserves the right to take action against you to recover outstanding debt. You are liable for all expenses (including but not limited to court costs, legal fees, collection agency fees, and a $50.00 administrative fee) that Builderscrack incurs in collecting that debt.
9.2.7 All fees charged to Tradespeople by Builderscrack are to be considered a cost of business and are not to be passed on directly to the Homeowner through the quote. Builderscrack is a means of marketing a business and should be treated as such in regards to fees. Directly charging the fee through an invoice may result in the Tradesperson's account being terminated.
9.2.8 In the event that you terminate your Builderscrack account, all fees (including Success Fees), remain payable. This applies to Success Fees that are generated after account termination, but are the result of jobs served through Builderscrack before the account was terminated.
9.3 Credit/Debit Card Services: A credit/debit card service is provided to allow Tradespeople to pay for fees associated with securing jobs (Success Fees) and also for paid subscription services. Tradespeople are required to provide a valid credit or debit card before they can chase new jobs. You can contact us regarding any credit or debit card issues or questions.
9.4 Currency: All fees are in New Zealand dollars (NZD). The fees page describes these fees plus any GST payable. Payments made from non NZ credit cards will be charged in New Zealand dollars.
9.5 Terms of payment: All our fee invoices have payment terms as described on the invoice. For Success Fees we invoice when the work is secured (not when the work starts or finishes). Success Fees are due and payable even if your paid subscription expires.
9.6 Subscription: All paid subscriptions are paid for on a subscription basis in advance, and refunds will not be given. Builderscrack does not guarantee that any Tradespeople will have access to any particular job, or that Tradespeople will secure work from the leads they are allocated. You will receive a Renewal Reminder email advising of your upcoming subscription renewal 7 days before it is due to renew. If you setup an online agreement to pay us on a regular basis, we will automatically take payment up to three (3) days before the renewal date of your paid subscription. You may cancel your paid subscription in the 'my home' section of the Website. Builderscrack will not be responsible to you or any third party for any losses or costs that may result or arise out of you not updating or cancelling your paid subscription prior to the renewal date. From time to time Builderscrack may change its paid subscription prices. If you do not cancel before your scheduled renewal you are deemed to have agreed to the new price. You agree that having a paid subscription does not remove Builderscrack’s right to limit or terminate your services. You agree that Builderscrack has the right to change the features of paid subscription or base membership benefits. Legacy subscriptions and duration are at the discretion of Builderscrack.
9.7 Overdue accounts: You agree you are responsible for paying our invoices within the payment terms of the invoice. If your account has an invoice which is overdue your account may be automatically restricted. Past due balances may be subject to a finance charge of 1.5% per month.
9.8 Credits or refunds: Credits or refunds for fees may occasionally be offered in circumstances at the sole discretion of Builderscrack.
9.9 Receiving invoices: You agree to receive all invoices by email to the email address you have given to us. It is your responsibility to ensure that this email address is valid and working correctly.
9.10 Queries: If you have a question about a charge on your credit or debit card, you agree to contact us using the form available on the contact page of the Website.
9.11 Payment failure: Should any payment method you use fail or later be reclaimed by the bank or card issuer, you agree to pay any costs incurred by us plus a $5 + GST administration fee.
9.12 Fraud: While Builderscrack has systems in place to reduce the risk of credit/debit card fraud, Builderscrack is not responsible for protecting Tradespeople nor Homeowners from credit card fraud. Builderscrack's fraud protection systems may from time to time block legitimate credit card payments. In these cases payment will need to be made by other means.
9.13 Authorisation: You must be authorised by the company or individual for which you are creating an account. Unauthorised registration of a company or individual in relation to whom you do not have permission will be considered fraudulent behaviour, which may result in regulatory fines, penalties and/or referring the matter to the police.
9.14 Windcave: Builderscrack uses Windcave to hold and process your credit/debit card. You agree Builderscrack has the right to charge your credit/debit card held by Windcave. All fees are charged to your card on the due date of the invoice and we reserve the right to retry any failed transactions at a later date.
9.15 Card issues: For any credit/debit card related issues contact us via our contact page on the Website. You may also try us on (03)9749018 (however this line is not always monitored).
10.1 General: Builderscrack encourages Homeowners to provide feedback, ratings and reviews about the Tradespeople. You expressly agree that Builderscrack may publish feedback, including ratings and statistics based on Tradesperson activity on the Website and use it for marketing purposes, and may use this information to monitor the performance and continued Membership of Tradespeople.
10.2 Restrictions: Feedback must:
10.2.1 must be factual and not contain offensive, defamatory or inappropriate language. Builderscrack reserves the sole right to determine what is considered offensive, defamatory or inappropriate language;
10.2.2 be 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.
10.2.3 relate to a specific transaction between you and a Tradesperson. You must not post feedback on a transaction that does not relate to that specific transaction; and
10.2.4 not be about yourself or include any contact details or personal information.
10.3 No responsibility: Builderscrack accepts no responsibility for any offensive, defamatory or inappropriate feedback submitted on the Website. Builderscrack may at its sole discretion, but is not required to, remove any feedback from the Website.
11.1 Limited Licence: We grant you a limited, revocable at will, and non-exclusive licence to use the Website in accordance with these Terms.
11.2 Ownership of Website: You agree that title to, and all intellectual property in, the Website and all text reviews, feedback, graphics, logos, button icons, images, audio clips, software, mobile applications and all underlying systems are the property of Builderscrack (and/or our licensors). Nothing in these Terms transfers that ownership and you agree to not dispute our ownership of such items at any time.
11.3 Ownership of Data: You grant us a worldwide, non-exclusive, fully paid up, transferable, perpetual, irrevocable, sub-licensable, licence to use, store, copy, modify, translate, make available and communicate the Data for any purpose connected with our business, including the exercise of our rights and performance of our obligations under these Terms, providing the Website and Services, and for marketing purposes.
11.4 Licence from you: To the extent not owned by us, you grant us a worldwide, non-exclusive, fully paid up, transferable, perpetual, irrevocable licence to use any know how, techniques, ideas, methodologies used or discovered by us in the provision of the Website.
11.5 Restrictions: You may not, without out prior written permission, in any form or by any means:
(a) adopt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of the Website or Mobile Application; or
(b) commercialise, copy or on sell any information, or items obtained from any part of the Website or Mobile Application except to the extent permitted by these Terms.
11.6 Trademarks: "Builderscrack" and "BC" are a registered trademarks of myQuote Limited.
11.7 Patents: The connection process is protected by NZ patent #594581.
12.1.1 You expressly understand and agree that 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, any warranties of merchantability, fitness for a particular purpose, and non-infringement.
12.1.2 Builderscrack does not warrant that:
(a) the Website or Services provided will be uninterrupted, timely, secure, or error free; or
(b) that any information (including Feedback) provided on the Website is error-free or reliable.
12.2 Networks: You acknowledge that the Services and the Website are provided over the Internet and mobile networks. We do not accept any responsibility for any inability to use the Website, or any Services, that arises from an issue between you and your network or communication provider.
12.3 Advertisements: 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.
12.4.1 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.
12.4.2 Builderscrack takes no responsibility or liability for any misconduct of any of its Members including Members that have registered under false pretences or who attempt to defraud you.
12.4.3 Builderscrack advises you to satisfy yourself as to the accuracy of the information provided by each Member.
12.5 Other: No 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.
13.1 Exclusions: To the maximum extent permitted by law, Builderscrack gives no undertakings, representations, or warranties and excludes all liability in relation to trade services requested by a Homeowner or quoted by a Tradesperson, including:
13.1.1 as to the content, safety, description, worthiness, quality, or legality of the trade services that are listed on the Website;
13.1.2 as to the accuracy or truth of requests or quotations;
13.1.3 that any trade services will meet your requirements or expectations;
13.1.4 about the ability of Members to complete and/or pay for a transaction, including credit/debit card transactions;
13.1.5 ownership of any item.
13.2 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, 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 loss of profits, loss of data, loss of business, general and special damages, and consequential and incidental loss.
13.3 Indemnity: You agree to release, indemnify and keep us indemnified 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, your failure to complete a transaction, your use of Builderscrack's customer ratings (including any feedback you provide), or arising out of any content or item you submit, post, transmit, or make available through the Services.
14.1 Cancellation: You are entitled to cancel your Member account at any time. You may cancel your account by following the prompts when you are logged into your account through the Website.
14.2 Termination: We may terminate your Member account on written notice to you at any time without giving any reason. Such termination will be effective at the time we elect (which may be immediately).
14.3 Breach: Without limiting any other rights and remedies available to Builderscrack, if you breach these Terms or where Builderscrack considers in its sole discretion it appropriate, 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.
14.4 Effect of cancellation or termination: If your Member account is cancelled or terminated, your account will be deactivated and all of your rights granted under these Terms will immediately come to an end (except to the extent that it is necessary for them to continue in respect of our ongoing storage of Data up to the date of permanent deletion). We are not liable for any loss following, or as a result of, cancellation or termination of your account.
15.1 General: Any disputes between you and Builderscrack will be discussed in the spirit of goodwill. If you or Builderscrack have any dispute in connection with these Terms:
(a) that party will promptly give full written particulars of the dispute to the other;
(b) the parties will promptly meet (including by phone or video conference) and try to resolve the dispute;
(c) if the dispute is not resolved within ten (10) business days of written particulars being given (or any longer period agreed to by the parties), either party may refer the dispute to mediation; and
(d) no party may commence other legal proceedings, except an application for urgent interlocutory relief, without using the above mediation procedure first, and then only if the dispute has not been resolved within twenty (20) business days of the appointment of the mediator.
15.2 Urgent actions: Nothing in this clause 15 precludes either party from taking immediate steps to seek urgent interlocutory or equitable relief before a court of competent jurisdiction.
16.1 Waiver: Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.
16.2 Severability: If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, the part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms and the remaining terms are binding.
16.3 Force majeure: We are not liable to you for any failure to provide the Website, the Services, or to otherwise perform our obligations under these Terms, to the extent the failure is caused by something beyond our reasonable control.
16.4 Assignment: You may not assign or transfer any right or obligation under these Terms without our prior written consent. We may, assign, transfer or novate any or all of its rights and obligations under these Terms to any related or successor entity (including any entity that acquires all or any part of our business or assets).
16.5 Governing law: The laws of New Zealand will govern any disputes arising out of or relating to use of the service or these Terms. You submit to the non-exclusive jurisdiction of the courts of New Zealand in relation to any dispute connected with these Terms or the Mobile Application.
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