Terms and Conditions for Tradespeople using the IMD App

Welcome to IMD! These Terms and Conditions outline the agreement between you (the "tradesperson") and IMD Limited ("IMD") regarding your use of the IMD mobile application (the "App") and its associated website at www.imd.co.nz.

1. Acceptance of Terms

Each time you access or use the IMD App, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions. IMD may update these terms periodically at its sole discretion. We recommend checking them regularly for any changes. Your continued use of the App after any modifications signifies your acceptance of the new terms.

2. General Services

The IMD App simplifies business for tradespeople, trade companies, and businesses ("tradespersons"). It serves as a platform where customers seeking tradesperson services ("customers") can post jobs or contact listed tradespeople for quotes.

3. Intellectual Property (IP)

  • Ownership: All images, logos, and content within the IMD App are the intellectual property of IMD. Other product and business names, including those of tradespeople listed on the App, may belong to their respective owners.
  • Reserved Rights: All rights not explicitly granted in these terms are reserved by IMD. You agree not to infringe upon any trademark, copyright, patent, design, or other intellectual property rights (whether registered or unregistered) related to the trademarks, images, information, and logos within the App. You may not copy or retransmit any logo, graphic, sound, or image from the App without our prior written permission.
  • Prohibited Use: You agree not to download, copy, transmit, "data-mine," "scrape," or otherwise replicate any information on the App, including ratings and comments, for any business purpose, whether by electronic or any other means.
  • Jurisdiction: IMD makes no representation that materials on this App are appropriate or available for use outside of New Zealand and does not authorize access to them from other jurisdictions.

4. No Warranties or Disclaimer

You expressly understand and agree that:

  • Your Risk: Your use of the App is entirely at your own risk. To the maximum extent permitted by law, IMD disclaims and excludes all implied conditions or warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement.
  • Service Availability: IMD does not guarantee that the services provided will be uninterrupted, timely, secure, or error-free, or that any information (including feedback) on the App is accurate or reliable.
  • Information Accuracy: IMD does not warrant the accuracy, adequacy, quality, currency, validity, completeness, or suitability of any services or information available on this App for any purpose. The App and its services are provided on an "as is" and "as available" basis.
  • Security: While IMD has engaged Amazon Web Services to provide secure servers with security patch protocols to minimize unsolicited activity, IMD does not warrant that this App will be free of viruses, worms, Trojan horses, or anything else containing destructive properties that could enable unauthorized hacking.
  • No Unstated Warranties: No advice or information obtained from the App, IMD, or anyone else will create any warranty by IMD not expressly stated in these terms.
  • Tradesperson Services: IMD does not provide any warranties regarding the tradespeople featured or recommended on the App, or the services they perform, including services for jobs posted on or through the App.
  • User Content: IMD does not necessarily endorse, support, sanction, encourage, verify, or agree with the ratings and/or comments posted by users of the App.
  • Advertisements: Responsibility for the content of advertisements on the App (including hyperlinks to advertisers' own websites) rests solely with the advertisers. IMD's placement of such advertisements does not constitute a recommendation or endorsement of the advertised product or service. Each tradesperson, as an advertiser, is solely responsible for any representation made in connection with their advertisement.
  • Limitation of Liability: In no event shall IMD be liable for any loss you sustain arising out of or in connection with your or others' use or performance of the App. This includes, without limitation, direct or indirect loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss, whether at law, in contract, tort, or otherwise.

5. Ratings and Comments on Businesses

You acknowledge that IMD provides a forum where tradespeople's performance can be rated by their customers/clients. When posting ratings and/or comments, you warrant that:

  • Legitimate Connection: You have been or may be referred from the App to carry out work for, or otherwise provide services to, a third party.
  • Truthful Statements: The statements of fact in your ratings and/or comments are true or not materially different from the truth.
  • Genuine Opinions: The opinions in your ratings and/or comments are genuine, honest, and truly held by you.
  • Appropriate Language: When responding to any ratings and/or comments, you will not use obscene or offensive language or submit any material that is, or may potentially be, defamatory, abusive, hateful, an invasion of anyone's privacy, harmful to other users, harmful to IMD's business interests, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, national, or international law or regulation.
  • No Unauthorized Advertising: You will not submit or post any material that constitutes junk mail or unauthorized advertising, including soliciting other users to buy or sell any products or services, without IMD's prior written consent.
Moderation and Control
  • • No Responsibility for Content: Regardless of any monitoring IMD may undertake, IMD is not responsible for screening, editorial, or other control over ratings, comments, or any other content whatsoever.
  • • Content Preservation: IMD assumes no responsibility or liability for preserving content on the App and may modify or remove it at its sole discretion.
  • • Subcontracted Work: If a tradesperson subcontracts work to a third party, the referring business may, at IMD's sole discretion, be rated by the end user. The party completing the work may also be rated.
  • • Replies to Reviews: A tradesperson may reply to a review within one month of it being posted. Replies cannot be edited once posted, except at IMD's sole discretion.
  • • Evidence of Custom: A tradesperson may request evidence of custom (proof of engaging the tradesperson to do work) within 24 months of the review being posted. If provided, this evidence will be sent directly to IMD and not shared with the tradesperson unless IMD, at its sole discretion, chooses to do so.
  • • Rating Audits: IMD reserves the right to audit ratings to ensure their legitimacy. During an audit, raters will be asked to provide evidence of work carried out. Ratings under audit will be temporarily removed and reinstated once sufficient evidence is provided.

6. Subscribed Tradespeople

If you wish to subscribe and use the enhanced features of the App, the following additional terms and conditions apply:

  • • Public Content: Any material you post or submit about your business on the App, or related to work resulting from an App referral, is not private and is intended for public display on the App.
  • • Content Usage Rights: You grant IMD the unrestricted right to use, reproduce, modify, and distribute any material you post or submit to the App in any medium and for any purpose, including commercial uses.
  • • Accuracy of Information: All such material must be truthful and accurate to the best of your knowledge.
  • • Appropriate Conduct: You will not use obscene or offensive language or submit any material that is, or may potentially be, defamatory, abusive, hateful, an invasion of anyone's privacy, harmful to other users, harmful to IMD's business interests, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, national, or international law or regulation.
  • • Health & Safety: At all times, you will comply with your obligations under the Health and Safety at Work Act 2015 and any amendments thereto.
  • • Qualifications and Certifications: You warrant that you are suitably qualified and experienced to carry out the work you receive as a result of an App referral, third-party referral, or otherwise. Any necessary registrations and certifications must be current, up-to-date, and remain current and up-to-date when the work is performed.
  • • No False Reviews: You agree not to post, or encourage or procure others to post, untrue, inaccurate, or misleading ratings and/or comments about your business on the App.
  • • No Coercion: You agree not to coerce or intimidate anyone to acquire or change ratings or comments about your business or services. Such activity may result in your business being removed from the App.
  • • Login Security: You agree not to disclose your login details to third parties. If you do so, you are liable for any breach of these terms by third parties using your login details, and the indemnity in clause 7 extends accordingly.
  • • Subscription Fees: As a condition of advertising your business on the App, you will pay a monthly subscription fee as set out on the IMD Website (www.imd.co.nz). These fees are payable monthly in advance, without set-off, counterclaim, or cross-demand.
  • • Fee Changes: IMD may vary its subscription fee for advertising on the App, with any change taking effect not less than 30 days after these terms have been amended. Alteration of the charges in these amended terms and conditions will be considered adequate notice to you.
  • • Withdrawal of Benefits/Removal: You acknowledge and accept that IMD is entitled to withdraw subscription benefits or remove your business from the App in the event of:
    • - Any misrepresentation by you regarding your qualifications and/or experience for the required work or services.
    • - Non-payment of due monies.
    • - At the sole discretion of IMD, acting reasonably.
  • • Non-Refundable Charges: Charges for subscriber businesses are generally non-refundable, except at the sole discretion of IMD.

7. Indemnity

As a tradesperson, you agree to indemnify, defend, and hold harmless IMD from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, legal fees on a solicitor/client basis and associated disbursements) threatened, asserted, or filed by a third party against IMD arising out of or relating to:

  • • The end user's use of services promoted through the App.
  • • Any breach or violation by the tradesperson of this Agreement.
  • • Any acts or omissions by the tradesperson, whether under this Agreement or otherwise.

The terms of this section shall survive any termination of this Agreement.

8. Privacy Policy

  • • Privacy Act 2020: The Privacy Act 2020 governs the collection, use, storage, and disclosure of information you provide when accessing this App.
  • • Data Collection & Storage: Any information you provide to IMD when accessing this App is collected and stored by IMD. IMD will only collect personal information necessary for its business functions and activities, or to comply with legal or regulatory obligations. IMD will not store any payment data.
  • • Purpose of Data Collection: IMD collects, uses, and discloses your personal information for various purposes, primarily depending on your relationship with IMD. This information is used to:
    • - Offer safe and simple use of the App.
    • - Prevent the posting of untrue, inaccurate, or misleading ratings and/or comments on the App.
    • - Communicate with you via electronic mail or otherwise in connection with the App.
    • - Ensure you can access members-only areas (where relevant).
    • - Fix system errors and provide support services.
    • - Customise the information you receive from the App.
    • - Conduct IMD research to improve products and services and tailor them to your needs.
    • - Track App usage and identify popular areas, internet trends, and demographics.
  • • Access and Correction: You may contact IMD to request access to any information IMD holds about you and may ask IMD to correct that information if you consider it inaccurate.
  • • Disclosure: IMD will release your information only when it believes release is appropriate to: comply with applicable legal obligations; comply with a request from a law enforcement agency; enforce or apply IMD's terms and conditions; or protect the rights of IMD, its users, or others.

9. General Provisions

  • • Assignment: IMD may legally assign any of its rights and obligations under this agreement at any time by giving you notice on the App or otherwise.
  • • Links to Third-Party Sites: IMD is not responsible for the content of any linked site. IMD does not imply any endorsement of links from and to this App except where expressly stated.
  • • Entire Agreement: These Terms and Conditions constitute the entire agreement between you and IMD. They supersede all prior representations, agreements, statements, and understandings, whether verbal, written, or in electronic form (e.g., email or internet).
  • • Applicable Law: This agreement shall be interpreted in accordance with the laws of New Zealand. If the end user acquires the services for the purpose of a business, they agree that the provisions of the Consumer Guarantees Act 1993 do not apply to the service provided.
  • • Severability: If any provision of this agreement is held to be invalid, illegal, or unenforceable, the remaining provisions will not be void. The invalid, illegal, or unenforceable provision shall be replaced by a mutually acceptable provision that reflects the original intention of the parties.
  • • Force Majeure: Neither party is liable for any default or delay in performing its obligations under this Agreement (other than payment obligations) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control. This includes, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages, or the failure of any third party to perform any commitment related to the production or delivery of equipment or material required for such party to perform its obligations hereunder.
  • • Overdue Accounts:
    • - Any debt collection costs incurred by IMD for recovering monies owed by the tradesperson will be paid by the tradesperson.
    • - IMD reserves the right to charge interest at a rate of 18% p.a. on any overdue amount from its due date until payment is made.
    • - IMD may, at its sole discretion, refuse to provide further services to the tradesperson due to overdue accounts or poor payment history.

By continuing to use the IMD App, you confirm that you have read, understood, and accept these Terms & Conditions.