Welcome to marineservices.co.nz. Marine Services is an online marketplace specifically developed for the marine sector, that is, to help Marine Service providers advertise their services and for customers to easily find the services for all of their boating and marine needs. We have designed the service to be as useful and user-friendly as possible, and will endeavour to continually refine the service to improve it. The following terms and conditions set out our obligations to you and your obligations to us for the use of our service.
1. Acceptance of Terms and Conditions
1.1 These Terms and Conditions formally set out your obligations relating to accessing services and the Website and its associated mobile applications. The service is intended to provide the best possible experience for all participants, however, we cannot guarantee the performance of the Marine Service Provider that you find.
1.2 By registering as a Marine Service Provider or User you accept these Terms and Conditions. These Terms and Conditions may be changed or amended at any time at the sole and absolute discretion of Marine Services. Amendments will be effective immediately upon posting the amended Terms and Conditions on the Website. You are responsible for ensuring you are familiar with the latest Terms and Conditions. Your continued use of the Website and services represents your agreement to be bound by the Terms and Conditions as amended from time to time.
1.3 Terminology: In these terms and conditions, the following expressions have the meanings set out:
· Marine Services means Admiral Holdings Limited (trading as Marine Services);
· Member means either a User or Marine Services Provider;
· Services means any services offered by Marine Services from time to time including but not limited to the Listing, Request an Estimate service, account servicing, the provision and moderation of a ratings and review system, members’ forum, regular provision of analytics and reporting to members, email and SMS alerts and any other service that Marine Services may offer through its Website from time to time;
· Marine Service Provider is a company or individual who provides services to the marine industry and is registered on the Website to promote their professional services to Users;
· Users means any consumer registered on the Website to make enquiries about quotes and services provided by Marine Services. A Casual User is any consumer who browses the Website without registering. Marine Services Providers may also behave as users when enquiring about services provided by other Marine Service Providers;
· We and us are references to Admiral Holdings Limited (trading as Marine Services);
· Mobile Application: any Android, IOS or other platform application designed for use on a mobile or tablet device released by Marine Services in order to assist in the access and use of the Marine Services website and its services;
· Listing: a listing or profile of a Marine Services Provider (which may be a standard or premium listing) provided exclusively for the purposes of promoting their services to Users on the Website;
· Request an Estimate function: a service whereby a User can post details of a marine job for which he or she would like Marine Service Providers to express interest in providing an estimate. Those details are compared by the Site Administrator to criteria in the database of Marine Service Providers. Those that match the criteria will be sent an email inviting them to get in touch with the User about the job if they choose to do so.
· Website means any Marine Services Website or Mobile Application through which the services are offered;
· We and us are references to Marine Services; and
· You and your are references to you.
2. General Provisions
2.1 Intellectual Property
a. Marineservices.co.nz images and logos referenced in this Website and the contents of this Website are subject to intellectual property rights belonging to us. Other product and business names mentioned herein may be the intellectual property of the respective owners.[MG1]
b. Any rights not expressly granted herein are reserved. You agree not to breach any trade mark, copyright, patent, design or other rights in relation to all trade marks, information, images, logos and other intellectual property included in this Website. No logo, graphic, sound or image from this Site may be copied or retransmitted unless expressly permitted in writing by us.
2.2 Governing jurisdiction
a. This agreement is governed by the laws in force in New Zealand. You irrevocably submit to the non-exclusive jurisdiction of the Courts of New Zealand.
b. This Site is serviced by us from our offices in New Zealand. We make no representation that materials on this Site are appropriate or available for use in locations outside New Zealand, and do not authorise access to them from territories where their contents might be illegal or prohibited under the laws of such territories.
2.3 Assignment: We may legally assign any of our rights and obligations under this agreement at any time by giving you notice on the Site.
2.4 Links to Third Party Sites: We are not responsible for the contents of any linked site. We do not imply any endorsement of links from and to this Site except where expressly stated
2.5 Copyright Notice: RPL Accountants Limited, 24 Manukau Road, Epsom, Auckland, 1023.
2.6 Entire Agreement: These terms and conditions constitute the entire agreement between you and us and supersede all prior representations, agreements, statements and understandings whether verbal or in writing.
3. Marine Services’ services
3.1 Listing: Marine Services provides a Listing to a Marine Service Provider to put details about the services they provide to customers, including relevant material such as photos and location. There are two listing types; a Standard and Premium listing, which contain the pertinent information. This information allows Users to find the services they require and contact the Marine Service Provider(s) as they see fit.
3.2 Request an Estimate: Marine Services provides the Request an Estimate function to enable Users to obtain an estimate to carry out a specific marine job. Marine Services compares the key words the User provides in the Request an Estimate function fields to those provided by the Marine Service Providers for the area(s) that they provide services. Marine Services then sends emails to the qualifying Marine Service Providers inviting them to get in touch with the user (if they so choose) to discuss the job in question with a view to providing an estimate or quote if applicable. While we will do our best, we do not guarantee that we will be able to match your marine service needs with a Marine Services Provider or that there are Marine Services Provider(s) in your area that are capable of or willing to complete your request to provide an estimate. The estimate obtained using the Request an Estimate function (if any) does not give rise to any commitment on Marine Services.
4. Rules and Code of Conduct
4.1.1 All requests for estimates, reviews or communications made through Marine Services shall be made in good faith.
4.1.2 All requests, communications, emails and correspondence made through, on the Website or to customers who have used the Website, must not contain any offensive, insulting, defamatory or inappropriate language. Marine Services reserves the right to determine what is offensive, insulting, defamatory or inappropriate and to take action against users who use such emails, including the suspension, deactivation and permanent banning of Users from the site.
4.1.3 You must not damage, interfere with or harm the Website or services, or any network, or system underlying or connected to them, or attempt to do so.
4.1.4 You may not use a robot, spider, scraper or other automated means to access the Website or information featured on it for any purpose.
4.1.5 You may list your name but not your email address or, phone number that you provide as part of your user profile when leaving a review or providing comments on the site. We will only provide your details to the extent they are required for Marine Service Providers to contact you when you submit a request via the Request an Estimate function.
4.1.6 Any work for which you specify the price, you must quote in New Zealand Dollars and include GST in the price. All tax obligations are the responsibility of the Service Provider and/or the User (as the parties determine).
4.2 Your Obligations as a Marine Service Provider:
4.2.1 You will only provide estimates under the Request an Estimate function to Users that are accurate, current, complete, and include all relevant information about the terms of trade services and payment terms.
4.2.2 You will only promote marine services if such trade services can be provided, and you will only provide an estimate for marine services if such marine services can be provided.
4.2.3 You agree to abide by any promotions, specials or similar offered to Users by Marine Services, either through the website or a third party.
4.2.4 If you are not satisfied with a review that has been placed you may not threaten, coerce or intimidate a user into changing a review. If you believe a review is offensive, insulting, or defamatory please contact Marine Services. You have the right to reply to a review but that reply must also not be offensive, insulting, or defamatory. Marine Services reserves the right to remove any review or response that it considers contravenes these rules.
4.3 Your Obligations as a User:
4.3.1 You must only place a Request for Estimate if you intend to pay for the relevant marine services that may result from the estimate.
4.3.2 If you choose to complete a transaction with a Marine Service Provider, you warrant and represent that you have the legal right to enter into and complete the transaction.
4.3.3 You must make full and prompt payment for any services you purchase from a Marine Service Provider.
4.3.4 You agree to your contact details being supplied to the Marine Service Provider(s) (as chosen by Marine Services based on the match of the criteria you have specified for the job against those in the Marine Services database) when you make a request.
4.3.5 You must not use the Website with the intention of targeting Marine Service Providers for any purpose other than acquiring goods or services for a marine-related issue. If you would like to target the Marine Services database of Marine Service Providers for other reasons, including but not limited to (1) recruiting staff, (2) advertising your products, (3) any other reason, then you must contact Marine Services to discuss.
4.3.6 If you are not satisfied with a review or a response to a review that has been placed you may not threaten, coerce or intimidate a Marine Service Provider into changing a review. If you believe a review is offensive, insulting, or defamatory please contact Marine Services. Marine Services reserves the right to remove any review or response that it considers contravenes these rules.
5. No warranties / disclaimer
5.1 The Services: Marine Services provides an online marketplace to allow members to list and review services applicable to the marine sector. Marine Services does not take any part in the sale of services other than by providing our Website as a marketplace for members. If a Marine Service Provider and user agree to do business as a result of finding that Marine Service Provider on the Website, a contract of sale will be formed between the buyer and the seller directly. We do not act as agent for either party and do not participate in any sale or transaction between you and other members.
5.2 At your own risk: Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that Marine Services takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretences or who attempt to defraud you. Marine Services gives no undertakings, representations, or warranties in relation to services offered on the Website, including:
a. as to the content, safety, description, worthiness, quality, or legality of the items or Member Services that are listed on the Website;
b. as to the accuracy or truth of listings;
c. that Service listed in the Services Category, will meet your requirements or expectations; or
d. about the ability of users to pay for a transaction resulting from the services performed.
5.3 Disclaimer: You expressly understand and agree that:
a. your use of the Services is at your sole risk. The Website and Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law and without limiting clause 2.2, Marine Services disclaims and excludes liability for any guarantees that a Service will be carried out with reasonable care and skill, fitness for a particular purpose, time of completion or price for the provision of a Service;
b. Marine Services does not warrant that i) the Services provided will be uninterrupted, timely, secure, or error free, or ii) that any information (including feedback) provided on the Website is error-free or reliable;
c. no advice or information that is obtained by you from Marine Services or anyone else shall create any warranty by Marine Services that is not expressly stated in the terms and conditions; and
d. responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the Website does not constitute Marine Services’ recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
5.4 Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Marine Services to you or any other person under or in connection with these terms and conditions, or in connection with the services, this Website, another Member's acts or omissions, or your use of or inability to use, the services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Marine Services’ liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
5.5 Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions.
5.6 Breach: Without limiting any other rights and remedies available to Marine Services, Marine Services may limit your activities on the Website, listing or other content, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our Services to you if you breach these terms and conditions, where Marine Services considers it appropriate.
6. Registered Users
6.1 Becoming a User: Becoming a User is free. You may only register as a User if you are resident in New Zealand or Australia.
6.2 Accurate Information: You warrant that you have provided complete, accurate and current personal information when registering as a User. You must maintain and update your personal information held by Marine Services to ensure it is kept current at all times. Marine Service may phone or email you to verify these details. You must not register as a User under multiple identities or personas (whether false or not).
6.3 Termination of registration: Marine Services reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, Marine Services may terminate your membership if a serious complaint or multiple complaints are received about you from other members, if you breach these terms and conditions, if you impersonate another member, or if we, at our sole discretion, deem your behaviour to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled.
6.4 Security of your login information: You are responsible for keeping your login information, including your email address and password (if applicable), secret and secure.
6.5 Emails newsletters and reports: Marine Services will send Marine Service Providers emails relating to your registration, reports relating to the traffic on the Website and individual Marine Service Provider’s profiles, and transactions and other activities on the Website. Marine Services will also send you emails to promote the services of the Marine Service Providers, and for marketing other Marine Services services to you. Marine Services may also send regular electronic newsletters to members. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.
7 Reviews and responses
7.1 Reviews on Marine Service Providers’ work are provided for the purpose of facilitating trading between members on the Marine Services Website.
You may only give a Service Provider a review that relates to a transaction for a specific service. You must not post a review on a service provided that does not relate to that specific transaction, or if there has been no service provided by the Service Provider.
You must not post feedback about yourself or include any contact details or personal information in your feedback.
7.2 Marine Service Providers may respond to a review that is placed for a service that they have carried out for a User. (See rules around the nature of responses).
8.1 Resolution of disputes: As Marine Services is not a party to any sale or transaction between you and another party, you agree not to involve, or attempt to involve, Marine Services in any dispute or in the resolution of disputes that arise between you and another party as a result of the Services provided.
9 Accounts for Marine Service Providers:
9.1.1 Standard or Premium profile: If have registered with Marine Services by paying an annual subscription fee, in the event that you terminate your account prior to the expiry of your annual subscription, Marine Services shall not be responsible for any refunds or reimbursements to you of fees paid in advance.
9.1.2 Currency: All fees are in New Zealand dollars (NZD).
9.1.3 Overdue accounts: You agree you are responsible for paying our invoices within the payment terms of the invoice. If your account has an invoice which is overdue your account will be automatically restricted. Past due balances will be subject to a finance charge of 1.5% per month.
9.1.4 Credits or refunds: Credits or refunds may occasionally be offered at the discretion of Marine Services.
9.1.5 Receiving invoices: You agree to receive all invoices by email to the email address you have given to us. It is your responsibility to ensure that this email address is working correctly.
9.1.6 Queries: If you have a question about a charge on your credit or debit card, you agree to contact us using the form available on our contact us page.
9.1.7 Payment failure: Should any payment method you use fail or later be reclaimed by the bank or card issuer you agree to pay any costs incurred by us plus a $5 + GST administration fee.
9.1.8 Fraud: While Marine Services has systems in place to reduce the risk of credit card fraud, Marine Services is not responsible for protecting Members from credit card fraud. Marine Services fraud protection systems may from time to time block legitimate credit card payments. In these cases payment will need to be made by other means.
9.1.9 Authorisation: You must be authorised by the company or individual for which you are creating an account. Unauthorised registration of a company or individual which you do not have permission will be considered fraudulent behaviour, which may result in regulatory fines, penalties and/or referring the matter to the police.
9.1.10 Credit card contact: For any credit card related issues we suggest contacting us via our contact us link. However, you can also contact us on 0276 555 944.
Signing up to Marine Services is super simple.
We can make a profile on you and your business simply based on details on your website, and send it to you for approval.
If you don’t have a website – no problem, we can prepare a profile based on a few details and a photo or two.
Sign up now and you’ll get until the end of February 2018 for free. Simply email email@example.com or call us on 0276 555 944 and we’ll arrange a profile and have you up and running in no time.
Browse the site to find whatever you need for your boat – the service is completely free for boat owners.
Register your details – either through the simple sign up process here – and we will send you updates and offers from Marine Services and our marine businesses.