In these terms of trade:
"BTSL", "we", "our" or "us" means Building Tender Services Limited.
"Subscription Services" means the services we provide now or in the future, including the provision of summarised information of tender documents made available to us for building projects in the Auckland area relating to your registered trade of interest.
"Terms" means these Terms and Conditions of Trade;
"You" or "Your" means both you and any entity or firm you are acting on behalf of with actual or ostensible authority.
When you register with us to use our services and accept these terms, you become a "Subscriber". You agree to provide trust, accurate and current information in respect of your account with us, and to promptly notify us in writing of change changes to such information.
Your use of our Subscription Services requires you to pay a monthly subscription fee. We may update our pricing from time to time by giving no less than one month's notice to you of the changes.
We will use our reasonable endeavours to maintain availability of the Subscription Services through our website. However we do not guarantee the availability of the Subscription Services on our website for 24 hours a day.
We will use our reasonable endeavours for the provision of Subscription Services on a regular basis. However we will not be responsible for any delay in the provision of Subscription Services and you will not be entitled to cancel the Subscription Services because of any such delay. Time will in no case be of the essence in respect of the provision of Subscription Services.
(a) Unless otherwise agreed, payment for all Subscription Services will be made by direct debit on the 20th day of the every month once you have become a Subscriber.
(b) An invoice will be provided to you at the end of each month for the Subscription Services.
(c) We may suspend access to and/or cancel your Subscription Services in the event of any amount invoiced to you becomes more than 10 days overdue.
(d) We may charge an administration fee on all overdue amounts in addition to any other charges pursuant to this clause.
(e) Interest will accrue on all amounts overdue at the rate of 2.5% per month calculated on a daily basis on the outstanding balance until payment is received in full by us.
(f) All costs of or incurred by us as a result of a default by you including, but not limited to, administration charges, debt collection costs and legal costs as between solicitor and client are payable by you.
(g) If you default in any payment or if you become insolvent, have a receiver or manager appointed over any of your assets, or make any arrangement with your creditors, or become subject to any similar insolvency event, we may choose to terminate your subscription at any time.
Unless expressly included in our pricing, Goods and Services Tax and other taxes and duties assessed or levies in connection with the provision of Subscription Services to you are not included in the price and will be the responsibility of the Customer or, where the payment of such taxes or duties is our responsibility at law, the pricing for the Subscription Services shall be increased by the amount of such taxes or duties.
We may in its discretion allocate any payment received from you towards any invoice, charges or fees as we determine and may do so at the time of receipt or at any time afterwards. On any default by you, we may re-allocate any payments previously received and allocated.
We are to the fullest extent permitted by law, not responsible for any loss or damage (whether direct, indirect, consequential or special), arising directly or indirectly from any errors or omissions in the information contained in the Subscription Services or any delay or interruption to or use whatsoever of our Subscription Services.
(a) You agree that you accept all responsibility for your use of the Subscription Services and you indemnify us against all costs, expenses and damages incurred in connection with any claim brought by a third party against us arising from your use of our Subscription Services.
(b) You warrant that you are not a 'consumer' within the meaning of the Consumer Guarantees Act 1993.
(c) You warrant to comply with all applicable laws, regulations and codes in using the Subscription Services;
(d) You warrant to keep all security information (including any login and password) relating to your subscription is kept confidential and not disclosed to any third party.
You may cancel the Subscription Service by giving us one (1) month's written notice to terminate.
You agree that, to the fullest extent permitted by law, our liability to you will be limited to the subscription fees paid by you.
(a) Except as expressly provided otherwise, we retain all copyright and other intellectual property rights we have in the information contained in the Subscription Services and the provision of the Subscription Services, and all protection of confidential information in respect of any Subscription Services provided by us to you.
(b) You will at all times keep us advised of any infringement or potential infringement by a third party of our intellectual property rights.
(c) The provision of the Subscription Services is the for your sole use only.
(d) You must not copy, distribute, modify or make derivative work of any of the information provided in the Subscription Services or use any of our intellectual property rights for any other purpose which they were intended and supplied by us and in a way not expressly permitted by us.
(e) You must not undermine the security or integrity of our systems or networks or use our services in any way that might impair functionality or interfere with other people's use.
(f) You must not modify, copy, adapt, reproduce, disassemble, decompile, reverse engineer or extract the source code of any part of our website or Subscription Services.
You must satisfy yourself that you can provide the services required by the parties seeking tenders and you accept accepts all risk and responsibility arising from successfully winning a tender.
Dimensions and specifications contained or referred to in any building documents are provided by the parties seeking tenders or their advisors and we have no involvement in creating the information and are not be liable to you for any losses suffered by you as a result of information provided.
You may not assign all or any of your rights and obligations under these Terms. We may assign these Terms and any rights and obligations under these Terms to any other party.
(a) In the event of any dispute arising between you and us, such dispute will in the first instance be referred to mediation for resolution.
(b) In the event that resolution by mediation is not achieved to the satisfaction of both parties within 14 days of referral to mediation, either party may then take legal action to resolve the dispute.
(c) Nothing in this clause prevents us from taking legal action to enforce payment of any debt due, nor where required to seek interlocutory or injunctive relief.
All notices required or committed under these terms may be given by email to the email address provided to us when registering for our Subscription Services or to an alternate email address provided to us.
If any provision of these Terms is invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions will not be affected, prejudiced or impaired.
(a) We may at any time refuse to approve a request for Subscription Services for any reason whatsoever.
(b) Failure by us to enforce any of the terms and conditions contained in these Terms will not be deemed to be a waiver of any of our rights or obligations under these Terms.
(c) We may from time to time by written notice to the Customer amend, add to or repeal the trading conditions covered by these Terms or may substitute any fresh trading conditions and such amendment, addition or substitute trading conditions will be binding on the Customer from the next billing cycle.
We will not be liable to you for any breach of these Terms by any extraordinary occurrences which are beyond our reasonable control.
You agree that:
(a) the personal information provided, obtained and retained by us about you will be held and used for the provision of Subscription Services;
(b) we may provide any personal information to any third party and to obtain any information concerning about you from any other source;
(c) you must notify us of any changes in circumstances that may affect the accuracy of the information provided by you to us. If you are a natural person, you have the right of access to and correction of any personal information held by us.
These Terms constitute the entire agreement and supersede and extinguish all prior agreements and understandings between you and us.
These Terms will be interpreted in accordance with and governed by the laws of New Zealand and the New Zealand Courts will have exclusive jurisdiction over any dispute in relation to the provision of Subscription Services.
Please read these Terms and Conditions carefully before You use the Website. By using the Website, You indicate that You have, effective upon the date on which You have used the Website, read, accepted and agreed to be bound by these Terms and Conditions.
If You do not agree with these Terms and Conditions, You should cease using the Website immediately.
“Agreement” means the terms and conditions contained herein, together with any quotation, order, invoice or other document or amendments expressed to be supplemental to this Agreement.
“We”, “Us”, “Our” or “Ourselves”” means Building Tender Services Limited T/A BTSL, its successors and assigns or any person acting on behalf of and with the authority of Building Tender Services Limited T/A BTSL.
“You”, “Your” or “Yourself”” means any person/s (end user) being of the legal age of eighteen (18) years.
“Incidental item(s)” means goods and/or services that may be purchased or sold through this Website to be supplied and/or provided by Us to You, as specified on Our Website.
“Website” means a location which is accessible on the Internet through the World Wide Web and which provides multimedia content via a graphical User Interface.
“Prohibited Content” means any content on any advertising media that:
(a) is, or could reasonably be considered to be, in breach of the Broadcasting Act 1989; the Fair Trading Act 1986, the Consumer Guarantees Act 1993; or any other applicable law or applicable industry code; or
(b) contains, or could reasonably be considered to contain, any misrepresentations; or is, or could reasonably be considered to be, misleading or deceptive, likely to mislead or deceive or otherwise unlawful; or
(c) is, or could reasonably be considered to be, in breach of any person’s Intellectual Property Rights (including, but not limited to, the distribution of digital files or any other material in which We do not own the copyright).
"Personal Information" means any information that identifies or can be used to identify You, directly or indirectly. Examples of Personal Information include, but are not limited to, first and last name, date of birth, email address, gender, occupation, or other demographic information.
"Confidential Information" means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Agreement, a party’s Intellectual Property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, Seller information and pricing details.
If You intend to transact through this Website (i.e purchase goods and/or services) then You warrant that You are at least 18 years of age, that You have the power to enter into this Agreement and You acknowledge that this Agreement creates binding and valid legal obligations upon You.
We are committed to protecting Your Privacy in accordance with New Zealand Privacy Principles. We also recognise that when You choose to provide Us information about Yourself that You trust Us to act responsibly and in Your best interests therefore, We have the following policies in place to protect Your personal information.
When making a transaction through this Website Your information will pass through a secure server using SSL (secure sockets layer) encryption technology. The encryption process ensures that Your information can not be read by or altered by outside influences.
When You request Goods or Services, We may collect Personal Information supplied by You when You complete an online form in order to facilitate the purchase of Goods and/or Services. Such information will enable Us to process Your transactions efficiently, analyse our Website services and enable Us to provide a higher level of customer service (which may include informative or promotional activities).
We may also collect the following information/tracking data for statistical purposes and to help Us understand how to make Our Website more available and user friendly for You and to measure the success of any advertising activities We may under take:
(a) Your IP address.
(b) The date and time of Your visits to Our Website.
(c) Your clicks and activity on this Website.
(d) The referring Website if any through which You clicked through to this Website.
(e) Technical information on Your browser, device and operating systems.
We will only release information about You as authorised by Yourself, required by law or where required in order for Us to provide Goods or Services to Yourself e.g to third party suppliers, or delivery companies. Where supplied to such third parties the information provided will only be sufficient for the third party to perform their services and may not be used by them for any other purpose.
We will not release Your information for any purpose which You could reasonably expect us not to release the information.
Except as detailed above We do not share, give, sell, rent, or lease information to third parties and Your Personal Information will only be disclosed to those employees within Our organisation who have a need to know in order to ensure You are provided with information about Our products and Services or to request Goods and Services through this Website.
Under the Privacy Act legislation You can ask to see any information We may hold about You and You also have the right to have any inaccuracies in the same corrected by Us. We will comply with any such requests to the extent required by the Privacy Act legislation within fourteen (14) days of the receipt of Your request. We may ask you to verify your identity in order to help us respond efficiently to your request.
You may have the following data protection rights:
(a) To access, correct, update or request deletion of Personal Information. We will take all reasonable steps to ensure that the data We collect is reliable for its intended use, accurate, complete and up to date.
(b) In addition, individuals who are residents of the European Economic Area “EEA” can object to processing of their Personal Information, ask to restrict processing of their Personal Information or request portability of their Personal Information. You can exercise these rights by contacting Us using the contact details provided in the "Questions and Concerns" section below.
(c) Similarly, if Personal Information is collected or processed on the basis of consent, the data subject can withdraw their consent at any time. Withdrawing Your consent will not affect the lawfulness of any processing We conducted prior to Your withdrawal, nor will it affect processing of Your Personal Information conducted in reliance on lawful processing grounds other than consent.
(d) The right to complain to a data protection authority about the collection and use of Personal Information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the EEA are available at http://ec.europa.eu/justice/article- 29/structure/data-protection-authorities/index_en.htm.
If You have any questions or comments, or if You have a concern about the way in which We have handled any privacy matter, please use Our contact form via this Website to send Us a message. You may also contact Us by postal mail or email at: firstname.lastname@example.org
For the purposes of EU data protection legislation, the Privacy Officer is the Data Protection Officer (DPO) of Your Personal Information. Our Data Protection Officer can be contacted at: email@example.com
We and Our partners may use various technologies to collect and store information when You use this Website, and this may include using cookies and similar tracking technologies, such as pixels and web beacons. These web beacons track certain behavior such as whether the email sent through the Website was delivered and opened and whether links within the email were clicked. They also allow Us to collect information such as the recipient’s:
These cookies do not read Your hard drive but may be stored on Your hard drive to enable Our Website to recognise You when You return to the same.
If at any time You are on a mailing list of Ours then You may request to be removed from the same and We will comply with Your request if there is no unsubscribe button provided then please contact Us with Your request using the “Contact Us” section of this Website.
Our policy in relation to Returns, Damaged or Defective Goods shall be as specified in Our standard Terms and Conditions for the supply of Goods and Services. We shall not accept returns for change of mind or if You make a wrong decision unless due to our negligence or incorrect information supplied by Ourselves.
The contents of this Website are at all times the copyright or trademark property of either Ourselves, Our suppliers or linked third parties and You may not distribute, reproduce, display, publish any trademark or other content of this Website for any purpose whatsoever without the prior written approval of Us, Our suppliers or linked third parties (each as applicable). Furthermore You agree to indemnify Us against any claims, costs, damages or losses incurred by Us should You fail to comply with this clause.
The display on Our Website of any advertiser or the provision of a link to third party Websites does not constitute Our endorsement of either the advertiser or third party provider or any of their Website content (including but not limited to, any Prohibited Content) or business practices. As We do not have any control of the content of any third party Websites, access to such Websites is at Your sole risk and We recommend that You thoroughly review the terms and conditions of use and the Privacy policies of any third party Website immediately once You access such a Website.
We shall accept no liability in regards to any dealings, promotions or activities between Yourself and advertisers or third party providers.
Specifications and information provided on this Website are given in good faith based on Our knowledge, experience, or information provided to Us by manufacturers and/or suppliers, or derived from sources believed to be accurate at the time the information is received by Us, therefore it is recommended if You have any concerns as to the suitability of Goods or Services provided through this Website in respect of the use of the Goods or Services or their suitability for a particular use that You contact Us or seek external professional opinion.
You acknowledge and accept that colours of items displayed on the Website may not reflect the true and actual colour of such items as this may be affected by external influences such as the quality of images supplied to Us for use, or the quality, age or settings on Your monitor. If colour is a major factor in Your decision making We recommend You contact Us before purchase.
Display on this Website does not guarantee the availability of any particular Good(s) therefore all orders placed through this Website shall be subject to confirmation of acceptance by Us. Orders for Services shall be subject to confirmation of suitable timeframes between You and Ourselves for provision of the Services.
Due to the inherent nature of Websites We cannot guarantee uninterrupted or continuous availability of this Website and You accept that the Website may also be unavailable from time to time for maintenance or scheduled upgrades. Where able We shall give You advanced warning of the same. We shall accept no liability in relation to Website downtime whether scheduled or otherwise.
These terms and Your access to Our Website may be terminated by Us (at Our sole discretion) at any time without notice or any requirement to give You a reason why. In the event of termination under this clause We shall have no liability to You whatsoever (including for any consequential or direct loss You may suffer).
This Website (excluding any linked third party sites) is controlled by Us from Our principal business premises in New Zealand. Our servers are located in New Zealand so Your information may be transferred to, stored, or processed in Auckland. It can be accessed from countries around the world to the extent permitted by the Website. As each country has laws that may differ from New Zealand, by accessing this Website, You agree that the laws and statutes of New Zealand shall apply to any dealings, actions or claims arising out of, or in relation to, this agreement, or Your use of this Website, irrespective of any conflict with any laws and statutes applicable to Your country of domicile.
In addition, We or Our subcontractors may use cloud technology to store or process Personal Information, which may result in storage of data outside New Zealand. It is not practicable for Us to specify in advance which country will have jurisdiction over this type of offshore activity. All of Our subcontractors, however, are required to comply with the New Zealand Privacy Act in relation to the transfer or storage of Personal Information overseas.
You further acknowledge and agree that the filing of a claim against Us (if any) must be made in New Zealand in which Our principal business premises in New Zealand is domiciled, and that any legal proceedings will be conducted in English.
We make no representation that Goods or Services offered through this Website are appropriate, available or suitable for use in countries outside of New Zealand, and accessing any material or content from, or through, this Website which is illegal in Your country of domicile is strictly prohibited.
The failure by either contracting party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
We shall be under no liability whatsoever to You for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by You arising out of a breach by Us of these terms and conditions (alternatively Our liability shall be limited to damages which under no circumstances shall exceed the Fee of the Services).
We provide Message Boards for the use of Our Website users. The Message Boards may not be used to promote Websites or any commercial or business activity. We are not responsible for any of the opinions expressed in the Message Boards. By posting a message to the message board You agree to take full legal responsibility and liability for your comments, including for offensive or defamatory statements.
Feedback is provided for the purpose of facilitating trading by You on Our Website. Feedback provided on other parties must not contain offensive, defamatory, retaliatory or inappropriate language or content. We may remove any feedback that is considered to be offensive, defamatory, retaliatory or inappropriate.
You may only give feedback that relates to a specific transaction. You must not post feedback on a transaction that does not relate to that specific transaction.
You must not post feedback about Yourself or include any contact details or Personal Information in Your feedback.
Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.