Terms of Use - Roofbuddy

Last updated 13 Aug 2024

These Terms

Introduction

Roofbuddy Limited (company number 8257894) (Roofbuddy, we, us) operates the roofbuddy.co.nz website and mobile applications (together the Site) and provides an online platform (the Platform) to enable customers (Customers) to search for and obtain quotes for roofing products and other products and services from roofing companies (Roofers).

Binding Terms

By accessing and using the Site and Platform, all users (including Customers and Roofers) (Users) agree to be legally bound by these terms of use (Terms).

Use of the Site and Platform

Each User acknowledges and agrees its use of the Site and Platform are governed by these Terms. Each User may only use the Site and Platform in accordance with these Terms. All rights not expressly granted to Users in these Terms are reserved by Roofbuddy.

About Roofbuddy and the Services

Services

Roofbuddy operates and maintains the Platform on the Site and provides various services to Users, including services:

  • enabling a Customer to accurately request quotes for proposed roofing work, according to the Customer's personalised criteria (Quote Request);
  • providing the Customer with an estimate of costs based on the Quote Request (Roofbuddy Estimate);
  • notifying Roofers of the Quote Request;
  • enabling multiple Roofers to issue quotes, based on the Quote Request, that in each case include the issuing Roofer's trade terms and are capable of acceptance by the Customer (Quotes);
  • providing Roofers with a surveying and pricing tool in the Platform (Pricing Tool) to assist Roofers to prepare accurate Quotes;
  • aggregating, curating and presenting Quotes to the Customer;
  • enabling the Customer to accept the Customer's preferred Quote on the basis that, once accepted, the accepted Quote forms a binding contract (Roofing Contract) for the sale and purchase of roofing products and services, including installation (Roofing) between the Customer and the Roofer who issued the accepted Quote (Contracted Roofer);
  • generating and sending to the Customer, on behalf of the Contracted Roofer, the Contracted Roofer's invoice for the first instalment of the price payable by the Customer to the Contracted Roofer under the Roofing Contract;
  • connecting the Customer with the Contracted Roofer; and
  • that Roofbuddy's subsidiaries and/or related companies, as Roofers, may provide to Customers in connection with roofing products and solutions, and associated services; and
  • ancillary and related services, (together the Services).

While we will do our best, we do not guarantee that we will be able to match a Customer's Quote Request needs with a Roofer or that there are Roofers in the Customer's area that are willing or able to complete the roofing work described in the Quote Request.

Roofbuddy supplies the Platform and Services but does not directly negotiate any of the terms of any Roofing Contract.

The Customer and each Roofer acknowledges and agrees that acceptance of a Quote legally binds the Customer to engage the Contracted Roofer to carry out, and binds the Contracted Roofer to carry out, the relevant roofing work in accordance with the price and other terms and conditions contained in the Roofing Contract, as set out in the accepted Quote.

The Customer acknowledges that any Roofbuddy Estimates are issued for informational purposes only, are generated by the Platform as a range based on average cost and pricing information available to Roofbuddy and may differ from Quotes and actual costs due to factors including local cost differences, site-specific project issues and varying market rates.

Exclusions

Except as otherwise set out in these Terms, Roofbuddy:

  • does not provide Users with advice, recommendations or opinions regarding any Roofer or any Roofing, and does not recommend or endorse, or induce any Customer to enter into a contract with, any Roofer;
  • is not party to any sale and purchase transaction or agreement for Roofing;
  • in providing the Site, Platform and any Services, does not act as agent of any Customer or Roofer;
  • is not responsible or liable for the safety, quality or legality of any Roofer or any Roofing;
  • is not responsible or liable for any representations, warranties, guarantees or assurances, express or implied, that a Roofer or any third party makes or has made regarding any Roofer or any Roofing;
  • does not give any guarantee or warranty that any Roofing, including installation, will meet a Customer's requirements, expectations or that any Roofing, including installation, complies with law, is fit for purpose or of merchantable quality; and
  • is not responsible or liable for the information or content contained in any Quote Request or Quote, including, for the avoidance of doubt, where a Quote or Quote Request is false, inaccurate, untrue, misleading or if a Roofer does not have the right to sell any Roofing.

Use of Site, Platform and Services

User Information

On registering to use the Services, the Site and/or the Platform, all Users agree:

  • that they are at least 18 years old;
  • to provide true, accurate, current and complete information about themselves as prompted by the Site or Platform (as applicable) (User Information);
  • to promptly notify Roofbuddy, via the Site, of any changes to their User Information in order to ensure that it remains true, accurate, current and complete;
  • to keep their account log-in details and password secure; and
  • that they will not post or provide their contact details anywhere on the Site other than in the relevant forms as requested by Roofbuddy.

Responsibility

Each User will be responsible and liable for all activity that occurs through its use of the Site and/or the Platform. Roofbuddy shall not be liable for any content, representations, statements, services, products or other information or data posted to the Site and/or the Platform by any User.

Users are responsible and liable for any and all comments, communications and messages posted on or via the Platform and Site, including where they are defamatory or breach the Harmful Digital Communications Act 2015. Roofbuddy will not be responsible for any User's misuse of the Site and Platform.

No illegal or malicious use

No User may use the Site and/or the Platform for any illegal purpose or any purpose not authorised by Roofbuddy, or post any information or data that is in breach of any legislation (including consumer protection laws), confidentiality obligations, copyright, trade mark or other intellectual property, proprietary or legal rights of any person or entity.

Users must not use the Site or the Platform for any malicious means or abuse, harass, threaten, intimidate, defame or impersonate any User or any other person.

Interference

Users must not damage, interfere with or harm the Site or the Platform or introduce (or cause the introduction of) any virus, spyware or other similar feature that in any way compromises or may compromise the Site or the Platform.

Access

Users may only access the Site and Platform through means approved by Roofbuddy, and not via methods such as scraping, data mining, the use of a robot or spider, automation or any similar method of extraction or monitoring.

Use by other persons and entities

Any person or entity that accesses and uses the Site or the Platform on behalf of or via another User, including any director, officer, employee and independent contractor of any User that has been granted access by that User (Related Person), must be authorised to do so by that User and agree to these Terms in all respects. The User will be liable for any breach of these Terms by its Related Persons.

Good faith and no subversion

Each User agrees to act in good faith in connection with the Site, Platform, Services, Roofbuddy and other Users. Each User further agrees that, in respect of a Quote Request, a Customer or other request for Roofing (Transaction) that the User has become aware of via the Site, the Platform or the Services, the User will not:

  • directly or indirectly complete (or attempt to complete) a Transaction outside of the Platform or Services;
  • take any action that may undermine the Platform or Services;
  • re-register for the Site, directly or through another person or under another name, after rights to use the Site, Platform or Services have been terminated by Roofbuddy for breach of these Terms;
  • refer a User to a third party for the purchase of Roofing outside the Platform;refer a User to a third party for the purchase of Roofing outside the Platform;
  • manipulate any Quote or Quote Request;
  • seek any payment in connection with the provision of Roofing in accordance with these Terms other than as provided for in these Terms;
  • otherwise seek to subvert or circumvent the purpose of the Platform or the Services; or
  • encourage any other person to carry out any of the above actions.

Roofer Obligations

Obligations

Each Roofer agrees to:

  • act fairly, honestly and in good faith in all dealings with Roofbuddy and with Customers;
  • not use the Platform or Site for any purpose other than for procuring Customers in respect of Quote Requests in accordance with these Terms;
  • issue all Quotes using the Platform and not attempt to issue any quote directly to a Customer in any other manner;
  • ensure that all Quotes issued by that Roofer are accurate, complete and contain all relevant terms and conditions of trade;
  • not issue or provide any pricing information, estimates, quotes or invoices to any Customer in relation to any roofing work, in any manner other than through the Site, until after that Customer has accepted the Roofer's Quote relating to that roofing work;
  • not attempt to contact any Customer directly unless and until the Customer has accepted a Quote issued by that Roofer;
  • immediately inform Roofbuddy whenever a Customer:
    • accepts a Quote from the Roofer; or
    • agrees with the Roofer upon any increase to any amount payable by the Customer to the Roofer, from the corresponding amount recorded in the Quote;
  • upon acceptance of a Quote, contract directly with the Customer and provide reasonable payment terms in NZ dollars and including GST, if the Roofer is GST registered;
  • pay all fees to Roofbuddy in accordance with these Terms and the terms of any Pricing Agreement (as defined below) and not intentionally avoid or seek to circumvent Roofbuddy's fees payable under these Terms or any Pricing Agreement;
  • only accept a contract to supply Roofing to a Customer if the Roofer has the capacity, resources and necessary skills to do so in a timely manner;
  • include terms in each Roofing Contract permitting the Customer to assign all of that Customer's rights, title and interests in a Roofing Contract to Roofbuddy or Roofbuddy's nominee (which may be another Roofer);
  • consent to, and fully cooperate with, any assignment of the Customer's rights, title and interests in a Roofing Contract to Roofbuddy or Roofbuddy's nominee (which may be another Roofer);
  • comply with the terms of any Roofing Contract to which that Roofer is a party;
  • promptly resolve any dispute raised by Roofbuddy and/or any Customer in connection with a Roofing Contract; and
  • use its best endeavours to co-operate with Roofbuddy in relation to these Terms, the Pricing Agreement and the Customer Warranties (as such terms are defined below), including (without limitation) providing Roofbuddy with all required information, applicable Roofing Contracts, or other documents, as may be requested by Roofbuddy from time to time, and engaging with Roofbuddy under any applicable Roofing Contract that has been assigned to Roofbuddy by any Customer.

Customer Obligations

Obligations

Each Customer agrees to:

  • only place a Quote Request if the Customer intends to purchase Roofing;
  • not use the Platform or Site for any purpose other than for procuring the provision of Roofing from Roofers in accordance with these Terms;
  • not to attempt to contact any Roofer directly unless and until the Customer has accepted a Quote issued by that Roofer;
  • the Customer's contact details being supplied to Roofers in order for Roofers to provide Quotes; and
  • comply with the terms of any Roofing Contract to which that Customer is a party.

Roofbuddy Fees

Fees

Roofbuddy is remunerated for providing the Site, Platform and Services by Roofers by way of payment of commissions and other fees as agreed between Roofbuddy and each Roofer under the terms of a pricing agreement (Pricing Agreement). Each Customer agrees and acknowledges that such fees are payable to Roofbuddy by the Roofer, and may be included by the Roofer as one of the many business costs that may be taken into account by the Roofer in setting any Quote and thus passed on to the Customer. Roofbuddy does not seek or require any direct payment from the Customer for the provision of any Services or the use of the Site or the Platform.

Intellectual Property

Ownership

All Users agree that Roofbuddy owns all of the intellectual property rights existing in the Services, Site and the Platform (and all underlying systems and improvements).

Restriction

Users may not adapt, reproduce, copy, store, distribute, publish or create derivative works from any part of the Site or Platform or commercialise or on-sell any information obtained from the Services, Site or Platform without Roofbuddy's prior written consent (which may be given or withheld at its sole and absolute discretion).

Branding

No User may publish or use Roofbuddy's trade marks, brand, branding or logos except with Roofbuddy's prior written consent (which may be given or withheld at its sole and absolute discretion).

Licence

Users grant to Roofbuddy an irrevocable, perpetual, non-exclusive, royalty-free worldwide licence to use, copy, display and distribute content that Users submit to or publish on the Site or via the Platform. Users warrant that use of such intellectual property does not infringe any third party rights and indemnify Roofbuddy for any loss suffered as a result of breach of this warranty.

Warranties and Liability of Roofbuddy

Warranties

Roofbuddy gives its Customers the warranties that are set out in Roofbuddy's Customer Warranties at Roofbuddy customer warranty from time to time (Customer Warranties). Except as otherwise set out in the Customer Warranties and to the extent permitted by law, all express and implied warranties and representations (whether under statute, common law or otherwise) which might apply to or otherwise arise out of these Terms are hereby expressly excluded by Roofbuddy. The Roofer will indemnify and reimburse Roofbuddy, and Roofbuddy reserves the right to pursue the Roofer, for all costs, losses, damages or liabilities that Roofbuddy may suffer or incur in connection with any claim by a Customer relating to a Roofing Contract to which the Roofer is a party.

For all Roofing, the terms of the contract as between the Customer and Roofer will apply and may contain certain warranties and limits or exclusions of liability. The Roofer is responsible for all applicable statutory warranties, if any, in relation to Roofing supplied by that Roofer.

The Site and Platform are provided by Roofbuddy as a platform to connect Customers and Roofers on an “as is” and “as available” basis. Roofbuddy accepts no liability in relation to any contract entered into between a Customer and Roofer, the provision of any Roofing, or for any acts or omissions of any User.

Each Roofer agrees and acknowledges that the Pricing Tool is made available to the Roofer on an “as is” and “as available” basis to assist the Roofer to generate Quotes in an efficient and timely manner. Roofbuddy accepts no responsibility for any error or omission in the Pricing Tool and gives no guarantees or warranties as to the accuracy or fitness for purpose of the Pricing Tool.

Liability

Except as otherwise set out in the Customer Warranties and to the extent permitted by law:

  • Roofbuddy will not be liable (whether for breach of contract, negligence or any other cause of action) to any User for any indirect loss, lost profits or any indirect, consequential or special loss or damage, loss of revenue, economic loss or damage, loss of business or profits (including lost contracts with customers) or anticipated business or profits, loss of goodwill, loss of anticipated savings or for any other business interruption arising out of, or in connection with, the Site, Platform or Services or any use of the Site, Platform or Services.
  • If Roofbuddy is liable for any reason for any loss suffered or liability incurred by a User arising from any breach of these Terms, or for any other reason (including a User's use of or reliance on the Site and/or the Platform and/or the Pricing Tool), Roofbuddy's liability (whether arising in contract, tort (including negligence) or otherwise) is limited to NZ$500.

Consumer Guarantees Act

Nothing in these Terms is intended to affect a Customer's rights under the Consumer Guarantees Act 1993, except to the extent that a Customer is in trade and uses the Services, Platform or Site in trade. Where a User is in trade and the Site, Platform or Services are acquired in trade, the User and Roofbuddy expressly contract out of the provisions of the Consumer Guarantees Act 1993.

Fair Trading Act

For the purposes of section 5D of the Fair Trading Act 1986, Roofbuddy and each Roofer agree that:

  • the Platform, Site and Services are being supplied and acquired in trade;
  • Roofbuddy and each Roofer are in trade;
  • sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 do not apply to these Terms or any Pricing Agreement or to any matters, information, representations or circumstances covered by these Terms or any Pricing Agreement; and
  • it is fair and reasonable that Roofbuddy and the Roofer are bound by this clause.

Indemnity

Each User hereby indemnifies, and will keep indemnified, Roofbuddy against all forms of liability, actions, proceedings, demands, costs, charges and expenses which Roofbuddy may incur or be subject to or suffer, directly or indirectly, as a result of or in connection with that User's use of the Site, Platform or Services or that User's breach of these Terms.

Disputes

Disputes with Roofbuddy

If a User has a concern, dispute or issue with the Site, Platform or Services, the User should promptly notify Roofbuddy and give Roofbuddy an opportunity to try to resolve the concern. If the concern cannot be resolved by Roofbuddy within 40 days, you may exercise your rights at law.

Disputes between Customers and Roofers

Except as otherwise set out in the Customer Warranties:

  • Each Customer agrees that they will try to resolve any disputes that arise with a Roofer directly with the Roofer.
  • Customers acknowledge and agree that Roofbuddy is not party to Transactions between Customers and Roofers and that Roofbuddy will not be party to, or involved in, any dispute resolution process other than as required by law.

Changes to the Site, Platform and Services

Site, Platform or Services changes

Roofbuddy may (in its sole discretion) amend, alter or cease to provide the Site, Platform, including any content, format, features and functionality, or any Services at any time without notice to Users.

Content

Roofbuddy reserves the right to edit and remove any content posted to or via the Site and/or the Platform by any User (in its sole and absolute discretion), including any content that it considers to breach these Terms or otherwise be offensive, objectionable, false, misleading or otherwise unlawful (to the extent that a User may post any content).

Termination and Suspension of Account

If a User does not comply with these Terms, Roofbuddy may at any time, immediately and without notice, terminate or suspend that User's account and refuse to provide any Services to that User and/or refuse access to the Site or Platform.

If a User's account is terminated or suspended, the User's account will be deactivated and all the User's rights under these Terms will immediately end. Roofbuddy will not be liable for any loss arising as a result of or following the termination or suspension of a User's account.

Site Upgrades and Issues

The Site and Platform are provided on an “as is” and “as available” basis.

Roofbuddy will try to promptly address (during normal business hours) any technical issues that arise on the Site or Platform. Roofbuddy may from time to time undertake upgrades and maintenance of the Site and the Platform and its systems. These actions may result in restrictions on use.

Roofbuddy does warrant that the Site and/or Platform will be uninterrupted, secure, error free or reliable. Roofbuddy will not be liable for any loss, damage or delay suffered as a result of any partial or total breakdown of the Site and/or the Platform or any technical malfunctions, the Site and/or the Platform being unavailable or performing slowly, or any viruses or other forms of interference that may damage any User's computer system.

Privacy Policy

Application

Roofbuddy may store, use and disclose your personal information in accordance with Roofbuddy's privacy policy (which can be viewed by clicking here).

Quality Assurance Report Disclaimer

If requested of Roofbuddy, a quality assurance report in relation to roofing works (Report) may be prepared for a User, subject to Roofbuddy's consent to do so (which may be given or withheld at its sole and absolute discretion). Each Report will be compiled by a licensed building practitioner solely for information purposes to confirm that roofing works have been completed by another party at the premises and in a manner expressly identified and set out in the relevant Report (Purpose).

As part of compiling any Report, reliance may be had on opinions, documents, photos, assumptions, guarantees, assurances, warranties, statements or other information (express or implied) provided by third parties. Any opinion expressed in a Report is based on the knowledge and approach of the person who formed that opinion at the date that the opinion was formed and the opinion may have ceased, or may cease, to be the opinion of the relevant person or to be appropriate in the light of subsequent knowledge.

Each Report is intended solely for the recipient expressly identified in the relevant Report (Recipient) and may not be relied upon by any other party. By being provided with a Report, the Recipient agrees to not use the information contained in that Report or any other information provided by Roofbuddy or its related companies, directors, officers, employees, contractors, agents, consultants, and advisors (together, Representatives) in connection with the Purpose, except to the extent it is relevant to the Purpose, and the Recipient agrees that the use of or any reliance on the relevant Report is at the Recipient's own risk.

No representation or warranty, express or implied, is made as to the completeness, fairness, accuracy, adequacy or reliability of any representations, statements, estimates, or opinions or other information contained in any Report, or as to the reasonableness of any assumption (as applicable), any of which may change without notice.

To the maximum extent permitted by law, Roofbuddy and its Representatives are not responsible for any adverse consequences arising from the Recipient's use of and reliance on the relevant Report, and disclaim all liability and responsibility (including without limitation any liability arising from fault or negligence on the part of Roofbuddy and/or its Representatives) for any direct or indirect loss or damage which may be suffered by any Recipient through use of or reliance on anything contained in, or omitted from, the relevant Report. Roofbuddy and its Representatives are not under any obligation to notify any Recipient or provide any further information if they become aware of any inaccuracy, incompleteness or change in any information set out in the relevant Report or any event which may affect or qualify any aspect of the relevant Report.

Neither Roofbuddy, nor any of its Representatives, is liable, and the Recipient covenants not to make any claim or commence or pursue any proceedings against any of them, for any loss or damage of any kind (including, without limitation, any consequential loss or loss of profits) arising from any:

  1. use of or reliance on the relevant Report by the Recipient (or any other party);
  2. error, inaccuracy, incompleteness or similar defect in the relevant Report; or
  3. default, negligence or lack of care in relation to the preparation or provision of the relevant Report.

If Roofbuddy or any of its Representatives is liable for any reason for any loss suffered or liability incurred by the Recipient arising from the use of or reliance on the relevant Report, or for any other reason, Roofbuddy's or the relevant Representative's liability (whether arising in contract, tort (including negligence) or otherwise) is limited to NZ$500.

General

Amendments

Roofbuddy reserves the right to amend these Terms at any time by providing a Site announcement or other notice. Any User who continues to use the Site and/or the Platform after any such announcement will be deemed to have agreed to such amendments.

Priority of Terms

In the event of any ambiguity or conflict arising between the terms of the applicable Pricing Agreement, these Terms, and any standard trade terms of the Roofer, then:

(a) the applicable Pricing Agreement will prevail over these Terms and any standard trade terms of the Roofer; and

(b) these Terms will prevail over any standard trade terms of the Roofer, as between the parties.

Links

Unless expressly stated otherwise by Roofbuddy, any link on the Site and/or the Platform to other websites or platforms does not imply any endorsement, approval and/or recommendation of those sites, their operators or their products and/or services and Roofbuddy takes no responsibility for the accuracy, legality or content of any external site.

Foreign Use

Roofbuddy makes no representation or warranty that the Site and/or the Platform is appropriate or available for use in all countries or that the content satisfies the laws of all countries. All Users are responsible for ensuring that their access to and use of the Site and Platform is not illegal or prohibited in their relevant country.

No Waiver

Roofbuddy will not be deemed to have waived any right under these Terms unless the waiver is in writing and signed by Roofbuddy. A failure to exercise or delay in exercising any right by Roofbuddy under these Terms will not operate as a waiver of that right. Any such waiver will not constitute a waiver of any subsequent or continuing right or of any other provision in these Terms.

Assignment

No User shall be permitted to assign or transfer any of their rights or obligations under these Terms without Roofbuddy's prior written consent. Roofbuddy shall be entitled (in its sole and absolute discretion) to assign and transfer any of its rights or obligations under these Terms, and the consent of Users shall not be required for any such assignment or transfer.

Further Assurances

Each User will sign all documents, and do all things, as may reasonably be required in order to give effect to the provisions of these Terms.

Severability

If any provision in these Terms becomes invalid or unenforceable, the remainder of these Terms will remain valid and enforceable to the fullest extent permitted by law.

Governing Law and Jurisdiction

These Terms will be governed by and construed in accordance with the laws of New Zealand. All Users and Roofbuddy irrevocably submit to the non-exclusive jurisdiction of the courts of New Zealand for any matter arising under or relating to these Terms.