CUSTOMER TERMS OF SERVICE

The website Rated.co.nz (the “Site”) is owned and operated by Elucis Group Pty Ltd.

By participating in the Rated program (the “Service”) as a qualified customer you agree to these terms and conditions. These terms and conditions along with (i) your completed customer Registration and Qualification form, (ii) the Rated Terms of Service (http://www.rated.co.nz/terms), and (iii) the Rated Privacy Policy (http://www.rated.co.nz/privacy) constitute your agreement with us (collectively this “Agreement”). You understand that this Agreement may be amended by us and you agree to abide by all such amendments. We will provide reasonable notice of changes.

You affirm that you are of legal age of majority in the jurisdiction where you reside and in which you will access the Site and the Service provided by us. You confirm that if you are a business entity, you are duly organized, validly existing and in good standing under the laws of the jurisdiction in which your business is registered and that you have the authority to enter into this Agreement and perform your obligations.

Definitions

“Agreement” means these terms and conditions along with (i) your completed customer Registration and Qualification form, (ii) the Rated Terms of Service (http://www.rated.co.nz/terms), and (iii) the Rated Privacy Policy (http://www.rated.co.nz/privacy)

“Rated”, “we’, us” and “our” means Elucis Group Pty Ltd.

“customer”, means a customer registered with Rated.

“Service” means the proprietary Rated program that provides a platform for connecting customers interested in obtaining trade professional services with business willing to provide needed services.

“Site” means www.rated.co.nz.

“business” means a trade professional registered with Rated.

Overview of the Service.
1. The Rated Site provides a platform that connects customers or others seeking services with trade professionals willing to provide the services. Rated is not a broker or trade professional business and does not negotiate or attempt to negotiate the provision of services between service users and trade professionals.
2. To use our Service a prospective service user wishing to participate satisfactorily completes the customer Registration and Qualification form and is registered by us as a qualified customer.
3. When a customer posts a job on the Site (the ‘Job’) our proprietary Service operates to identify a range of qualified business who may submit proposals (‘Proposal’) to perform the Job. A customer may also request a Proposal from a particular business.
4. The customer reviews Proposals made and selects one or more Proposals which the customer is interested in discussing further with the business.
5. If the customer is not satisfied with Proposals made or otherwise does not notify us of preferred Proposals in a timely manner the Job is cancelled without further obligation on the part of Rated, the customer, or business making Proposals.
6. When a customer notifies us of interest in one or more Proposals (i) we provide the indicated business contact information to the customer, and (ii) provide customer contact information to the business.
7. Upon completion of the Job the customer may provide feedback concerning the job and the performance of the business by using the rating system provided by Rated as part of the Service.
The Role of Rated.
Rated is not a broker or trade professional business and does not negotiate or attempt to negotiate the provision of services between a customer and a business selected by a customer to perform a Job. Rated is an educational service that allows qualified customers to obtain current, accurate and competitive information in order to negotiate effectively for the purchase of trade professional services. In providing the Service to you we locate potential business for the worked described in your Job posting and who may be interested in making a Proposal to complete the Job. While Rated makes good faith efforts to screen and qualify business, we cannot assure a customer that (i) a business intends to complete a Job, (ii) that the business has the experience, technical or financial capability to complete the Job, or (iii) that the business has fully or fairly represented any or all of the information contained in a Proposal. In providing the Service, we provide a listing of business that may match the customer’s requirements for the Job and through our proprietary Service we pass on to our customers pricing and other information given to us by business who make Proposals for the Job. The terms and conditions under which any Job is performed for a customer are exclusively between the customer posting a Job and the business the customer selects to perform the work. Our only obligation is to provide the Service as described. None of the information regarding business, Jobs or other information posted on our Site constitutes an offer to you by Rated.
Your Commitment Upon Posting a Job.
When you post a Job on the Site you are representing to us and to the business that use our Service that you have a good faith intention to purchase the requested services from a business who can submit a preferred Proposal for the specified work although whether or not to enter into a trade services contract with your selected business is ultimately your decision.
Responsibility for Proposals Rests with the business.
Proposals made in response to a Job you post are the responsibility of the business who submit them. We are not responsible for inaccuracies or misleading information provided by business with respect to experience, expertise, service availability, pricing, delivery dates, licenses or permits that may be required, or any other information contained in a Proposal.
Pricing of Trade Services.
Prices and any other terms contained in any Proposals submitted during the pendency of a Job you post and that are communicated to you by way of our Service are as presented by the business making the Proposal. We do not guaranty to you that the actual price you pay a business in connection with any agreement you enter into with a business you select will be at the price contained in the Proposal. Proposals may not include applicable taxes, permit or license fees, or other charges required by applicable laws or ordinances in the jurisdiction in which the work is to be performed. You are responsible to complete a contract for the performance of the work you require as a result of discussion and mutual agreement between you and the business you select.
Provision of Contact information.
By participating in our Service and posting a Job, upon your timely indication of interest in one or more Proposals made for your Job you authorize us to provide your contact information (including your telephone number and email address) to the business in which you have indicated interest. You will contact and deal with the business directly to enter into a contract to perform the Job. You represent to Rated that the business information and contact details you provide to us during the customer Registration and Qualification process are current, accurate and correct.
Contracts for the Performance of Your Job are with the business You Select.
Any contract for the performance of a Job that results from our Service will be between you and the business you select to complete the Job. This means that there may be additional terms and conditions governing the performance of a Job because each business will have its own terms and conditions relating to the trade service they provide. You should make sure that you read and understand any agreement between you and a business you select to complete a Job. Because the contract for trade professional services is between you and the business, any questions or concerns you may have relating to the performance of the Job should be directed to the business doing the work. Rated may assist in connection with any questions between you and the business but it is not our obligation to do so.
Restrictions.
You must comply with all applicable laws when using our Service. You will not, directly or indirectly: (i) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works, or other content made available on our Site and/or concerning the Service (collectively, “Service Content”) or compile or collect any Site or Service content as part of a database or other work; (ii) use any automated tool (e.g., robots, spiders) to access or use our Service or to store, copy, modify, distribute, or resell any Service Content; (iii) rent, lease, or sublicense your access to our Service to another person; (iv) use our Service or Service Content for any purpose except for your own use; (v) circumvent or disable any digital rights management, usage rules, or other security features of our Service; (vi) use our Services in a manner that overburdens, or that threatens the integrity, performance, or availability of, the Service; or (vii) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of our Site or Service Content. You will not, directly or indirectly: (i) reproduce, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any aspect of our Service; or (iii) circumvent or disable any security or technological features or measures of our Service.
Privacy Policy.
We may collect registration, demographic and other information about you through our Services. Our collection and use of this information is governed by our Privacy Policy, which is incorporated into and made a part of this Agreement.
Your Account.
To become a qualified customer and participate in the Service you must create an account associated with a valid e-mail address. Accounts may not be sold or transferred. Unless expressly authorized by Rated you may only create one account per email address. To create an account and register, you must provide your name, address, phone number and e-mail address, select a password, and provide other information required by the customer Registration and Qualification form. You are solely responsible for all activities that occur under your customer account, regardless of whether the activities are undertaken by you, your employees or a third party (including your contractors or agents). Rated and its affiliates are not responsible for unauthorized access to your account. You will contact us immediately if you believe an unauthorized party may be using your account or if any of your account information is lost or stolen.
Password Security.
Your customer account password may be used only to access your account, use the Service, monitor the progress of any Job you have posted, and review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account) and are solely responsible for any use of or action taken under your password and otherwise in connection with your account. If your password is compromised, you must change your password.
Access to the Site; Site Outages and Browser Incompatibilities.
You acknowledge that due to the nature of the Internet, our Site may not function properly with your web browser and operating system and that otherwise access to the Rated Site may be suspended, restricted or terminated at any time. We have no responsibility or liability for this.
Links and Third Party Content.
The inclusion of any link on our Site or in connection with the Service does not imply that we endorse, recommend or are affiliated with the linked website or organization. You are solely responsible for and assume any risk arising from your access to and/or use of any such linked websites.
Warranty and Limitation of Liability.
1. While we make reasonable inquiries of our business and have procedures in place to monitor and screen business who do not satisfy our criteria, we make no warranty, guarantee or endorsement as to the credit-worthiness, existence, expertise, experience, identity or ability to complete a Job on the part of any business.
2. Rated warrants only that the Service will be substantially in accordance with this Agreement. Rated SPECIFICALLY DISCLAIMS AND customer WAIVES ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEMS INTEGRATION, AND DATA ACCURACY. Rated DOES NOT WARRANT THAT THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
3. IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES THAT RESULT IN ANY WAY FROM customer’S USE OF THE SERVICE, OR customer’S INABILITY TO USE THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE TO customer FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
4. You may not claim against Rated (or any officer or employee or duly authorized agent of Rated) to recover any damage suffered in connection with any contract between you and a business resulting from the use of our Service.
Intellectual Property Rights.
The Service, the Rated Site and all associated content is the proprietary intellectual property of Elucis Group Pty Ltd and our licensors and is protected by international law. We expressly reserve all proprietary rights to our business name, and related logos, trademarks, service marks, business methods and copyrighted materials and you agree that you will not use, reproduce, modify, distribute or display our proprietary materials in any manner.
User Conduct and Postings to our Site.
1. We may, from time to time, allow users to post information and content to our Site. You agree that we are free to use any comments, information, ideas, concepts and methods and Feedback (as defined below) in any post or submission that you may make to our Site (a “Submission”), without compensation or acknowledgement. Furthermore, by making any Submission on the Site, you grant us a perpetual, nonexclusive, fully paid, royalty-free, irrevocable, sub licensable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of the Submission in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party.
2. BY POSTING OR PROVIDING ANY SUBMISSION, YOU REPRESENT AND WARRANT THAT PUBLIC POSTING AND USE OF YOUR SUBMISSION BY US WILL NOT INFRINGE UPON OR VIOLATE THE RIGHTS OF ANY THIRD PARTY.
3. You will not use our Service to: (i) upload, post, email, or otherwise transmit any Submission that contains unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable content; (ii) harm us or third parties in any way; (iii) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (iv) upload, post, email, or otherwise transmit any Submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (v) upload, post, email or otherwise transmit any Submission that infringes any patent, trademark, trade secret, copyright, or other right of any party; (vi) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation; (vii) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (viii) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (ix) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (x) “stalk” or otherwise harass another; or (xi) collect or store personal data about other users.
Indemnity and Defense.
customer will defend, indemnify and hold harmless Rated and its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) that arise out of or relate to:
1. customer’s use of the Site and any Services;
2. any actual or alleged breach of customer representations, warranties, or obligations set forth in this Agreement;
3. any content customer provides including but not limited to any actual or alleged infringement of any intellectual property or proprietary rights of any third party; and
4. any transaction customer enters into with any trade professional resulting from the use of the Site or the Services.
Feedback.
We may provide customers with a mechanism to provide feedback, suggestions, and ideas, if they choose, about our Service and the performance of business (“Feedback”).
Generally.
1. These terms and conditions along with your completed customer Registration and Qualification form, the Rated Terms of Service, and the Rated Privacy Policy contains the entire agreement between you and Rated with respect to the subject matter hereof. Any amendments to or modifications of this Agreement shall be valid only if made in writing and signed by Rated.
2. This Agreement is not assignable or transferable by customer without Rated’s prior written approval.
3. Should one or more of the provisions of this Agreement be held to be invalid by a court or other tribunal of competent jurisdiction, the remaining provisions of the Agreement shall be valid and binding as though such provision were not included.
4. This Agreement shall be governed by the laws of the New Zealand. If a dispute or claim relating to the Agreement arises, the parties shall comply with the dispute resolution provisions contained in the Rated Terms of Service that are a part of this Agreement.
Contacting Us.
If you have any questions or concerns about our Service or this Agreement you may contact us at: support@rated.co.nz. Or by using the contact page of the website

CUSTOMER TERMS OF SERVICE

Definitions

Overview of the Service.

The Role of Rated.

Your Commitment Upon Posting a Job.

Responsibility for Proposals Rests with the business.

Pricing of Trade Services.

Provision of Contact information.

Contracts for the Performance of Your Job are with the business You Select.

Restrictions.

Privacy Policy.

Your Account.

Password Security.

Access to the Site; Site Outages and Browser Incompatibilities.

Links and Third Party Content.

Warranty and Limitation of Liability.

Intellectual Property Rights.

User Conduct and Postings to our Site.

Indemnity and Defense.

Feedback.

Generally.

Contacting Us.