By registering for the Service, you agree to be bound by the Terms of Service set out here. Tradify reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service.

1. Definitions

“Agreement” – means these Terms of Service.

“Confidential Information” – includes all information exchanged between You and Tradify, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorized disclosure.

“Data” – means any data inputted by You or with Your authority into the Website.

“Intellectual Property Right” – means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or induslite property rights, anywhere in the world whether or not registered.

“Service” – means the online job management services made available (as may be changed or updated from time to time by Tradify) via the Website.

“Website” – means the Internet sites at the domains www.tradifyhq.com or any other site operated by Tradify.

“Tradify” – means Tradify Limited and all current and future global subsidiaries of Tradify Limited.

“You” – means the person who registers to use the Service, and, where the context permits, includes any entity on whose behalf that person registers to use the Service, and any person or organization that uses the Service with the authorisation of that person or entity. “Your” has a corresponding meaning.

2. Provision of Service

Tradify will offer a free trial of the Service for the purpose of evaluation only. Following your evaluation, You have no obligation to continue to use the Service. Tradify has the right to suspend or terminate the Service and refuse any and all current or future use of the Service for any reason at any time. Customers who sign up for Tradify will receive their login details within 1 working day of signing up for the service.

Usage Limitations
Use of the Service may be subject to limitations, including but not limited to monthly transaction volumes.

3. Your Obligations

Indemnity
You indemnify Tradify against: all claims, costs, damage and loss arising from Your breach of any of these Terms. You may have to pay Tradify for any costs, (including by not limited to) relating to the recovery of any Service Fees that are due but have not been paid by You.

4. Intellectual Property

General
Title to, and all Intellectual Property Rights in the Services, the Website and any documentation relating to the Services remain the property of Tradify (or its licensors).

Ownership of Data
Title to, and all Intellectual Property Rights in, the Data remain Your property. You grant Tradify a licence to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Services and for any other purpose related to provision of services to You. If your account is terminated, Tradify will provide an export of your data on request.

Third-party applications and your Data
If You enable third-party applications for use in conjunction with the Services, You acknowledge that Tradify may allow the providers of those third-party applications to access Your Data as required for the interoperation of such third-party applications with the Services. Tradify shall not be responsible for any disclosure, modification or deletion of Your Data resulting from any such access by third-party application providers.

5. Warranties and Acknowledgements

Authority
You warrant that where You have registered to use the Service on behalf of another person, You have the authority to agree to these Terms on behalf of that person and agree that by registering to use the Service You bind the person on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of these Terms, without limiting Your own personal obligations under these Terms.

No warranties
Tradify gives no warranty about the Services. Without limiting the foregoing, Tradify does not warrant that the Services will meet Your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.

Consumer guarantees
You warrant and represent that You are acquiring the right to access and use the Services for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Services, the Website or these Terms.

6. Limitation of Liability

Tradify have no liability for consequential loss, loss of profit (actual or anticipated) or for other damages of any kind, however caused, arising in any way out of or in connection with the Service.

Tradify shall not be responsible for failure to fulfil any obligation if due to an act of God, strike, lockout or other interference with work, war, blockade, disturbance, lightning, fire, earthquake, storm, flood, explosions, governmental or quasi-governmental restraint, intervention, direction or embargo.

7. Termination

Tradify has the right to suspend or terminate the Service and refuse any and all current or future use of the Service for any reason at any time. Use of the Service may be cancelled by the You at any time. To cancel the service, please send an email to support@tradifyhq.com. Refunds for part month’s services fees are not available.

8. Modification to the Service and Prices

Tradify reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all Services are subject to change upon 30 days notice from us.

Tradify shall not be liable to You or to any third party for any modification, price change, suspension or discontinuance of the Service.

9. Service Availability

Whilst Tradify intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services or Website may be unavailable to permit maintenance or other development activity to take place. If for any reason Tradify have to interrupt the Services for longer periods than Tradify would normally expect, Tradify will use reasonable endeavours to publish in advance details of such activity, typically by email.

10. Charges & Payment

Tradify charges on a per user basis. Paying subscribers to Tradify will be charged monthly automatically via a secure credit card payment system. The name that will appear on your statement will be Tradify. The monthly payments will be based on the usage of the previous month.

Terms of payment are the sole discretion of Tradify, unless otherwise agreed to in writing by Tradify. Invoice amounts are due and payable within the period noted on the invoice. If payment is not made within the payment period Tradify has the rights to suspend service until full payment has been made. Tradify is not responsible for pricing, typographical or other errors in any offer by Tradify and we reserve the unilateral right to cancel any orders resulting from such errors.

Tradify is a New Zealand owned business. Pricing for New Zealand based customers is in New Zealand Dollars and exclusive of GST.

11. Refunds

Tradify charges per active user, and it is solely up to You to maintain Your own user levels. Refunds will be given at the discretion of Tradify. Please notify us in writing to billing@tradifyhq.com for accidental additional users.

12. Contacting Tradify

You can contact Tradify via email at support@tradifyhq.com

or via post

PO Box 4301
Shortland Street
Auckland 1052
New Zealand

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