Crackerjacks

The following service terms and conditions apply to all registered users of services from Green Tea Solutions Limited trading as Crackerjacks Ltd. By registering to use the services on the website you are deemed to agree to these service terms and conditions without qualification. If you do not agree to be bound by these terms and conditions, you must stop using the services. We reserve the right to change these terms and conditions of use at any time by emailing you a copy of the amended terms and conditions prior to them taking effect. By continuing to use the services, you agree to be bound by the amended terms and conditions.

Terms: We will supply services to you on these terms only (as we may amend them from time to time). The only circumstance where any variation to these terms will apply is where we have expressly agreed in writing to that variation. If there is any conflict with other terms of trade, these terms and conditions will take priority over any other terms of trade.

Price: Our current charges and the services they relate to are set out in the price list. The price of the services is that stated on the website at the time, unless otherwise expressly agreed in writing by us. All prices exclude goods and services tax (”GST”). We may alter prices without notice. We will publish such amendments on our website at least 14 days prior to them taking effect.

Invoicing and Payment: Each month we will invoice you for the charges for the services we provide you (whether or not you notify us of having received such services). You may be invoiced for charges after the month in which they occur and in such case you remain liable for such charges until they are paid in full. You will pay each invoice by the payment date set out in that invoice (the “due date”). Payment is due fourteen days after the invoice has been sent. You will not withhold payment or make any deductions from any amount you owe us.

Credit Check: If you have requested credit, you give us permission to undertake a credit check on you from time to time for the purpose of deciding whether or not to extend you such credit for purchases from us. If we have extended you a credit facility, you must make payment, of the price and any delivery and insurance charges, upon demand by us (the “due date”).

Overdue Payments: If any amount is owing to us after the due date for payment, we may charge you interest on that amount which will accrue at 2% above the prevailing bank overdraft rate applying to us (as advised by us and subject to variation from time to time). You will pay all costs (including legal costs) incurred by us in collecting or attempting to collect any amounts outstanding.

Performance Rating: You must notify us immediately if you engage any person to undertake contracting work for you where you have been given that person’s details through our website (even if you have obtained that person’s details through another source as well). You will provide reference and performance feedback on that person by phone or email within 10 working days of the close of that person’s contract.

Company Logo: If you are a company, by using the services you are deemed to consent to us using your company name or logo (including any trade mark) for the purpose of the website.

Warranties: We will provide the services in a proper, competent and professional manner. However, we expressly exclude to the fullest extent permitted by law all warranties, descriptions, representations or conditions whether implied by law, trade, custom or otherwise. If you are purchasing the services for a business purpose, you acknowledge that the Consumer Guarantees Act 1993 does not apply.

Limitation of Liability: To the maximum extent permitted by law, our liability, whether in contract, tort or otherwise, for any claim, damages, loss or expense related to the supply by us of services is limited to the cost paid by you for the services. To the maximum extent permitted by law, we will not be liable in any event whether in contract, tort or otherwise for any loss of profits, revenue or anticipated savings or any consequential, indirect or special damage, loss or injury of any kind suffered by you or any other person.

Force Majeure: We will not be responsible or liable for any failure to provide the services to the extent such failure is caused by a matter beyond our reasonable control.

Our Rights: If any amount payable by you is overdue, or in our opinion you are likely to be unable to meet your payment; or you are a company and you become bankrupt, insolvent, have a receiver appointed in respect of all or some of your assets, make or are likely to make an arrangement with your creditors, have a liquidator appointed, are placed under statutory or official management or any equivalent or analogous event occurs or your ownership or effective control is transferred or the nature of your business is materially altered, then all amounts owing to us whether due for payment or not, will immediately become due and payable.

Termination: We may suspend or deactivate your account immediately if you commit a breach under these services terms that is not rectified within 5 working days of email notification of the breach being sent to you. When your account is deactivated you will not be able to receive the services and you will not be able to set up a new account without our consent.

Waiver: If at any time we do not enforce any of these terms or grant you time or other indulgence, we will not be construed as having waived that term or our rights to later enforce that or any other term.

Severability: If any portion of these terms and conditions is deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.

Privacy: Your personal information collected by us is subject to the Privacy Act 1993. That information will be used for purposes related to your trading and dealings (including direct marketing) with us, and our related companies and will be held, used, disclosed, accessed and corrected pursuant to our privacy policy.

Entire Agreement: These service terms together with the website terms and conditions constitute the entire understanding and agreement of the parties relating to the subject matter of these service terms and supersede and extinguish all prior agreements and understandings between the parties relating to the subject matter of these service terms.

Governing Law: These service terms will be governed by New Zealand law and you agree to submit to the exclusive jurisdiction of the New Zealand Courts.