LEGAL

TERMS AND CONDITIONS

Last update: [28 August 2018]

1. SDFC Limited provides you with access to the app and the Services on these terms and conditions. The terms and conditions are made up of these terms and conditions, the privacy policy, and any other policies we notify you of from time to time.

2. By using this app you accept these terms and conditions. If you do not accept these terms and conditions, please do not use the app or the Services.

3. We may amend these terms and conditions from time to time. We will communicate changes to you through the app, including when they take effect. Your continued use of the Services is your agreement to be bound by the amended terms and conditions.

4. In these terms and conditions:

* ‘Services’ means a service offered by us from time to time including through the app.

* ‘Member Services’ means the trade, job or service advertised through the app and/or by a member on the app.

5. This app is a platform to make connections between members who wish to purchase Member Services and members who wish to provide Member Services. If a buyer and a provider agree on a price and scope for the Member Services, the contract for Member Services will be between the buyer and provider, and not with us.

6. We may collect and use personal information collected in accordance with our privacy policy.

7. SDFC Limited does not:

(a) provide, or take part in, any part of the Member Service;

(b) guarantee that the Member Service will be carried out in any particular way or otherwise participate in the transaction between members;

(c) act as agent for either buyer or provider.

8. Where you use any payment service provided on the app, we simply pass on payments made by the buyer to the provider.

9. All transactions and other contact between you and other members are conducted entirely at your own risk. You agree that we are not responsible or liable for any conduct or misconduct of members, buyers or providers. We give no undertaking, representation, or warranty in relation to the Member Services. We are not responsible, and cannot settle any dispute between a buyer of a Member Service and a provider or a Member Service.

10. You agree that your use of this app and our services is at your risk. We will use our best efforts to keep the app available, but we do not warrant that the app will always be available or that your use of it will be uninterrupted or error free. To the maximum extent permitted by law, we exclude liability for your use or provision of Member Services.

11. We may suspend or remove any user of the app at any time if you breach these terms and conditions, if we receive a serious complaint about your conduct on the app or in providing or purchasing a Member Service. If we remove you, then we may also remove any linked or alias accounts you have created.

12. You may remove your account and delete the app at any time. If you are a provider of Member Services, you acknowledge and will comply with your obligations as a supplier under theConsumer Guarantees Act and Fair Trading Act (regardless of whether you are a current member or if you have been removed).

13. You must provide accurate information when registering on the app and using the Services. However, we will not be liable for any failure by you, or any other person, to provide accurate information when using the app or a Service, or when contracting to purchase or provide a Member Service. You are fully responsible for your use of the app, and the use of anyone else using your device, accessing your account or posing as you.

14. You must ensure that any enquiries and offers made through the app are made in good faith.

15. You will not attempt to interfere with the app, or our network. You will not use the app, or information made available to you through the app, for any purpose other than for seeking Member Services, supplying Member Services and communicating with buyers and providers of Member Services using the in-app messaging service or other app Services made available to you from time to time.

16. You will not seek to purchase or provide Member Services which are illegal, offensive, or unsafe.

17. You can provide feedback through the app. Please ensure that feedback is accurate, and fair. We may remove reviews, feedback or other commentary if the content is illegal, offensive, in breach of these terms or subject to a complaint.

18. We may change the fees charged for the Services at any time. You may choose not to use any Service if you do not wish to pay the fees. 19. If we believe that a user's behaviour will affect the normal operation of Find365, such as the malicious issuance of service requests, or submitting malicious quotations, we have the right to close the user's account, and take whatever action we deem to be appropriate. 20. No individual registered account can list more than 20 job requests or 50 quotations per day. If the account exceeds these maximum numbers we have right to close the account. 21. If the account is lost or stolen due to your actions we will not be responsible for the loss.

22. We (and our licensors) own all intellectual property rights in the app, the app’s content, and the intellectual property rights forming part of the Services and the app. You may not reproduce, copy, store, display, publish, distribute or modify any part of this app and its content without our express written agreement.

23. These terms and conditions, together with the privacy policy and any other policy we express to form part of these terms and conditions are the entire agreement between us relating to your use of the Services and the app.

24. These terms and conditions are governed by New Zealand law.


Buyers

25. Please do not list any personally identifiable information in your listing for Member Services. You should only include personally identifiable information in your private communications with the provider.

26. You are responsible for paying all amounts agreed with the provider for the Member Services. If you dispute the quality of the Member Services provided, or the price, you will resolve that dispute directly with the provider and not with us.


Providers

27. You are responsible for fulfilling all Member Services you agree to provide to a buyer. If you dispute the payment (or non-payment) by the buyer, you will resolve that dispute directly with the buyer and not with us.

28. You will identify yourself as a trader at all times in your interactions on the app when you are intending to provide Member Services. 29. If a Find365 Pro account has a negative balance for more than 15 days, we have the right to take legal action or entrust other companies to recover the debt on our behalf.


Fees and payment

30. We charge providers a commission each time a buyer agrees to engage the provider to provide a Member Service. The current commission fees are shown for each job. Jobs are listed under ‘projects’. We may change the commission fees from time to time and will notify you by posting updated commission fee information.

31. Commission fees are automatically deducted from the provider’s account when a user accepts a quotation from that provider.

32. Providers are not required to maintain a minimum account balance, however account balances must not be in debit. Providers may not express interest in a buyer’s listing where their account balance is insufficient to cover the fee for that job listing. You can put money into your account and keep your account topped up by credit or debit card. Our system is encrypted and secure.

33. If you close your account, we will refund you any remaining balance.

34. If you have a complaint about the way we have dealt with your provider account, please contact us first to try and resolve it for you. If we cannot resolve your complaint, we are a member of an external dispute resolution scheme and you may make your complaint to the Insurance and Financial Services Ombudsman, PO Box 10-845, Wellington 6143, New Zealand. This service is free. The service can only consider complaints about the way in which we have dealt with your account, it cannot consider (for example) whether the commission fee is appropriate, or resolve disputes about Member Services.


PRIVACY POLICY

We collect and use your personal information in accordance with the Privacy Act 1993. This policy sets out the types of information we collect, how we use it and your rights with respect to that information.

What we collect

We collect:

* personal information you provide to us in your use of the app

* information about the device you use to access the app.


What we use personal information for and who we disclose it to

We use personal information:

* to contact you about the Services and other services we may provide to you from time to time

* to improve our app and our Services

We do not sell your information to third parties and we will not provide your personal information to any other person using the app. You are responsible for providing all personal information required for you to receive and provide any Market Services you agree to purchase or provide through the app.

We may disclose your personal information in accordance with the Privacy Act, where we have a legal obligation to do so.


You can request access to and correction of your personal information

You are entitled to request access to the personal information we hold about you. You may also request we correct any personal information you think might be wrong or inaccurate. Please contact us by email at Support@Find365.co.nz. if you would like to talk to us about your personal information.