Terms and Conditions

Welcome to BoatBoys, New Zealand's online skilled marine tradespeople community. These terms and conditions are intended to assist in keeping Boat boys a safe environment to hire tradespeople from.

A.1 Terms and conditions Acceptance: The terms and conditions are the terms on which BoatBoys Limited offers you access to the Services we provide on the Boatboys Website. By registering as a member or user of BoatBoys you accept and understand these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Services.

A.2 Terms and conditions amendment: Boatboys may amend these terms and conditions in whole or partially from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on the BoatBoys Website. You are responsible for ensuring your familiarity with the latest terms and conditions. Your continued use of the Services represents your agreement to be bound by the terms and conditions as amended.


BoatBoysTerminology: In these terms and conditions, the following expressions have the meanings set out:

'member' means a registered member of BoatBoys;
‘Boatboy” also means a registered service provider/employee of BoatBoys;
'services' means any one or more of the services offered by BoatBoys Limited from time to time, including classifieds, message boards, availability ‘calendar’, and provides sms alerts and any other service that Boat Boys may offer;
'we', 'us'and'our' are a reference to Boatboys Limited;
'you' and 'your' are a reference to you;
'Website' means any BoatBoys Website through which the services are offered;
'listing' means a listing on the Website through which you offer your service as a company, contractor or employee, buy, sell or advertise, whether by classified or an individual profile;
'seller' or ‘user’ includes any person placing a classified listing.
‘service user’ member buying labour;
‘service provider’ member selling labour or a service

 

 

B: MEMBER WARNINGS

B.1 Services: BoatBoys provide a venue to introduce members who want to buy skilled marine labour by the hour or for a fixed fee, and members who want to sell skilled labour hourly, or for set fee as Employee’s of BoatBoys or as a sub contractor advertiser. BoatBoys provide a venue for members to promote their services. If the service provider accepts a booking, a contract of sale will be formed between the buyer and the service provider directly. We do not act as agent for either party. As a result, even though the service provider is promoted on the website, BoatBoys is not the advertiser of an individual or Company.

B.2 Your risk: Transactions and all other communication between you and other members are conducted entirely at your own risk. You agree that BoatBoys takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered with false pretences or who attempt to defraud you. BoatBoys gives no undertakings, representations, or warranties in relation to labour or services listed on the website, including:

• Profile pictures;
• the content of skills and or CV, tools, safety, description, worthiness, quality, or legality of the member that is listed on the Website;
• the accuracy or truth of listings;
• that any member will meet your requirements or expectations; or
• the ability of members to complete a confirmed transaction, including credit card and banking transactions.

 

B.3 Disclaimer: You expressly understand and agree that:

• Your use of the services is at your sole risk. The Website and services are provided on a "what you choose is what you get" and "as available" basis. To the maximum extent permitted by law and without limiting clause B.2, BoatBoys disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of durability, reliability, and fitness for a particular purpose.
• BoatBoys does not warrant that the services provided will be uninterrupted, timely, secure, or error free, or that any information (including feedback) provided on the Website is error-free or accurate;
• Responsibility for the content of advertisements appearing on this Website including hyperlinks to members’ websites rests solely with the advertisers and members. The placement of such advertisements on the Website does not constitute BoatBoys recommendation or endorsement of the advertised member, product or service. Each advertiser is solely responsible for any representation made in connection with their advertisement or profile.
• While BoatBoys may facilitate payment for labour by credit card, BoatBoys is in no way involved in the making of the transaction itself. Responsibility for any refund process rests with the service provider and the service user and will be neutrally monitored by BoatBoys for a fair outcome to both members concerned if a dispute is raised.
• BoatBoys is not responsible for protecting members from credit card fraud. BoatBoys 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.

B.4 Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of BoatBoys to you or any other person under or in connection with these terms and conditions, or in connection with the services provided, this Website, another Members’ 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, equity, breach of statutory duty, tort and includes negligence, failure of contracted booking or otherwise. BoatBoys liability and responsibility is excluded in respect of any and all loss or damage to boat or concerned planned work area, 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. BoatBoys will not be responsible for any loss, damage or expense suffered by the clients resulting from the acts of omissions of a Temp or from any delay or failure by BoatBoys to refer a service provider to the client. The provision of this clause continues to bind the parties after any assignment has ended.

B.5 Indemnity: You agree to release, indemnify and keep BoatBoys indemnified from and against all actions, claims, costs including legal costs and expenses, damages, losses, proceedings, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with the BoatBoys terms and conditions, your failure to complete a transaction, your use of BoatBoys discussion feature, calendars, your sale or attempted sale of your service advertised or arising out of any content or service you submit, post, transmit, or make available through the services including all sales of labour.

B.6 Breach: Without limiting any other rights and remedies available to BoatBoys, BoatBoys may limit your activities on the Website, remove your profile, advertisements, listings, 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, or where BoatBoys considers it appropriate.

C: SIGNING UP AS A MEMBER

C.1 Membership: Becoming a member is free for employees and service users. You may only register as a member if you are resident in New Zealand and can form a legally binding contract that is enforceable against you. For example, you must be 18 years old or above. By registering as a member, you warrant that you can form a legally binding contract.

C.2 Accurate Information: You warrant that you have provided complete, accurate and current personal information when registering as a member. You must update your personal information held by BoatBoys to ensure it is kept current at all times. BoatBoys may phone or contact you by other means to verify these details. You must not register as a member under multiple identities or personas whether false or not.

C.3 Termination of membership: BoatBoys reserves the right to decline to register a member or to terminate your membership without entering into further discussions with the concerned member. BoatBoys may terminate your membership for serious misconduct in the case of employment, or if a serious complaint is made, if multiple complaints are received about you from other members or if you breach these terms and conditions and the BoatBoys ethics.

 

C.4 Security of your account information: You are responsible for keeping all of your login information, including your email address and password, secret and secure. You must agree:

1. Not to permit any other person to use your username, profile or membership; and
2. Not to disclose, or provide to any other person, your password or email address at any time.

C.5 Emails and newsletters: BoatBoys will send you emails relating to your membership, transactions and other activities on the Website, and for promoting and marketing other BoatBoys products and services to you. BoatBoys may also send regular electronic newsletters to members.

 

 

D: RULES OF BOATBOYS WEBSITE

1. All listings, bookings or communications made through BoatBoys shall be made in good faith.
2. 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.
3. You may not use a device such as robot, spider, scraper or other automated means to access the Website or information featured on it for any purpose.
4. You shall not list your email address, contact phone number or any other contact details within the description of listings or your personal profile, or listing comments and/or questions in your member profile, or in the BoatBoys forums that provide such details.
5. You may enter your appropriate contact details in the relevant contact detail fields of those listing categories which specifically provide for those details, i.e. Companies, Sub contractors, Suppliers, Advertisements, classifieds.
6. You must list profiles and classifieds in New Zealand dollars. Include GST in the price if you are a sub contractor or note the service is without GST. All tax obligations are the responsibility of the service user and/or the service provider. In the case of the service provider being employed by BoatBoys Limited all associated tax/costs responsibilities such a PAYE, holiday pay and ACC will be responsibility of BoatBoys.
7. You must not complete a booking or transaction outside of the Boat Boys process or otherwise seek to avoid BoatBoys fees after initial contact is made through BoatBoys. Attempts by you to avoid fees, including through multiple memberships, contact made before booking or previous contact with purchaser may result in BoatBoys suspending or terminating both parties membership at the discretion of BoatBoys at any given time. If the member is found to be operating in such a manner the service user will be bound to pay all associated costs with a back payment of the labour they have hired. Payable to BoatBoys Limited in 14 days.
8. You must not use the Website to promote the same or similar services available outside BoatBoys Website without approval.
9. You are solely responsible for any actions taken through your Boat Boys membership. BoatBoys memberships are not transferrable and therefore cannot be sold, leased, lent or traded.

 

D:2 Service provider obligations

1. Service providers must be located in New Zealand. Service providers /sellers outside of New Zealand are not permitted to sell on BoatBoys with out prior notification to management.
2. You will only enter services that are accurate, current, complete, and include all relevant information about the intentions of your service and availability - including booking methods. You must list your profile in accurate categories only which must be the most appropriate category your skill or service. You are limited to three categories.
3. You must not list a service that is illegal, offensive, including defamatory, pornographic, or racially or ethnically objectionable in nature, unsafe or any thing which infringes copyright or other intellectual property rights; this includes the use of ex employers’ data material. You are responsible for ensuring that any listing by you does not breach these terms and conditions. You agree that BoatBoys may disclose your personal information, including your name and contact details, to the relevant authorities if we consider that you are in breach of this clause at any time.
4. For protection of your images, we will endeavour to stamp our logo on any images you upload to your listings. You must ensure you hold the copyright or are otherwise licensed to use any images you add to your listings and give full permission to BoatBoys limited to display them.
5. When you list your profile or classified on BoatBoys, you should do so with the intention of selling the service through the Website. Therefore you should not advertise your service through another forum of the same nature. If you remove a classified, BoatBoys have free rein to investigate through various means that the advertisement has not been taken off to avoid fees. If this is found to be the case, possible termination of membership will be taken and fees will be payable to BoatBoys Limited.
6. BoatBoys classifieds may be used by individuals or businesses to list specific services or jobs. The classified must not be used for multiple or generic services or job listings. You must not place multiple listings for a single service or job.
7. Your listing may only contain a URL for a website that contains further information on the service you are providing. This website must not offer any services, or contain contact details. You must not use BoatBoys listings to promote a business or website other than one providing the service in your listing.
8. You must not manipulate prices through price fixing with other members.
9. For classifieds and services, you may choose to sell to any buyer at your discretion.
10. Profiles and listings are not always pre-approved in their content. Boat Boys reserves the right to remove any listing that it deems unsuitable or in breach of the terms and conditions. In the case of such action a refund will not apply.
11. You agree to your email address being supplied to the member when your booking is confirmed.
12. You must promptly supply services that you have been booked for according to your profile skill and calendar availability.
13. You must not charge unreasonable amounts, travel costs or excessive hourly rates that are not reasonable to a fair rate dictated by the current labour market.
14. Confirmation must be received by BoatBoys via sms or email within a 48-hour period or the intended booking will be cancelled or held in transit. The service user has the right to apply for another member’s service within this time frame with the same, date, time and place if the service provider concerned does not accept confirmation.
15. At no time can the employed service provider provide the materials needed for the job they have been booked for. This is the responsibility of the buyer at all times. Sub contractors must outline their intentions if they plan to provide materials, and have it listed on their profile for the buyer to acknowledge.
16. All members that provide a service must supply their own tools for the skill they have listed.

D.3 Service user obligations

1. You must be located in New Zealand to buy or hire on BoatBoys. People outside of these countries are not permitted to purchase a labour service on the Website without contacting management first.
2. Your bookings are not retractable once confirmed by the service provider. You must only make a booking if you intend to use the service at the price set by the service provider. A cancellation fee will occur.
3. By making a booking, you warrant and represent that you have the legal right to enter into and complete the transaction.
4. You must make full and prompt payment for any booking you make after confirmation or within 7 days of the work being completed for companies either by credit card, bank transfer or cheque.
   Bank: ASB
   Name: BoatBoys Limited
   Number 12-3060-0357005-000
   CHEQUE POSTAGE TO:
   P.O. BOX 11377, Ellerslie, Auckland, New Zealand
5. You agree to your username and the service you seek to be shown publicly on the BoatBoys Website. You also agree to your email address being supplied to the service provider when you finalise a booking.
6. If your booking is successful and you do not pay for the service, you will receive a warning from BoatBoys, if the service provider complains about your dealings. After 3 such complaints, BoatBoys may suspend or terminate your membership.

 

D.4 Feedback

1. Feedback you provide on other members must not contain offensive, defamatory or inappropriate language. BoatBoys reserve the sole right to determine what is considered offensive, defamatory or inappropriate language. BoatBoys can and will delete such comments with the outcome of potential membership termination.
2. You may only give member feedback that relates to a specific booking or transaction. You must not post feedback on a booking or service that does not relate to that specific transaction.
3. You must not post feedback about yourself or your top three friends listed on your profile. You must not include any contact details or personal information in your feedback.
4. Feedback is provided for the sole purpose of facilitating trading between members on the BoatBoys Website. You must not market or export any feedback to any venue other than the BoatBoys Website.

 

 

E: FEES AND ACCOUNTS

E.1 BoatBoys website and hiring fees

1. BoatBoys charge fees for the use of the Website as a venue and service provider, advertiser and hosting facility for marine trades people.
2. BoatBoys current fees are listed on our fees policy.
3. Any non-commission listing or booking fees are charged at the time of listing and are not refundable. BoatBoys may at our sole discretion refund a commission or success fee charged on completed bookings if the appointment is not successfully completed, provided that a member follows our refund process. BoatBoys will only issue refunds in the form of credit to the BoatBoys account of the member concerned. Cash refunds will not be issued. Credits on accounts with BoatBoys are not transferrable between members.
4. BoatBoys reserve the right to change all fees charged for any of our Services at any time. In the event that we introduce a new service, the fees for that service are effective at the launch of the service, unless otherwise stated via the Website.
5. If you are a New Zealand resident, then all fees do not include GST and are in New Zealand dollars only. Unless otherwise stated in these terms and conditions, no interest or other financial charges will be applied to BoatBoys account balances.
6. BoatBoys reserve the right to investigate queries regarding the refund of booking fees and hours concerned with regards to service providers, other members and any other relevant party regarding a service listed on BoatBoys.
7. Before listing your service as a company, sub contractor or employee, you should review BoatBoys fees to ensure you are aware of the costs that you or the buyer will incur for your transactions.
8. You must pay the late fees immediately upon demand by BoatBoys. If late payment occurs a potential hold on account will apply.

 

E:2 BoatBoys Accounts

1. BoatBoys maintain credit accounts for each member and from which members must pay fees including payment of advance listing options.
2. Any payment to your BoatBoys account of an amount less than $20 incurs a $3 handling fee that is payable to BoatBoys Limited.
3. You must settle any negative account balance immediately. Boat Boys reserves the right to take action against you to recover outstanding debts. You are liable for all expenses including legal fees that BoatBoys incur when collecting the debt owing.
4. If your membership is terminated BoatBoys will refund the balance of your credit account, less a $10 processing fee that is payable to BoatBoys Limited. Consequently, no refund will be made if the account balance is below $10. If your membership is removed due to breach of our terms and conditions, it is at our discretion whether you are eligible for a full or any refund at all.
5. If you have not logged on to the Website for a period of 18 months, any unused balance on your account is forfeited to BoatBoys and your membership will be potentially be suspended.

 

 

F: GENERAL PROVISIONS

F.1 Integrity of system: BoatBoys will use reasonable measures to ensure the availability of the Website and Services available, subject to any downtime required for maintenance. However, BoatBoys takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Further, BoatBoys assume no responsibility for the corruption of any data or information held by BoatBoys.

F.2 Dispute Resolution: As we do not help choose the service provider or product the buyer is seeking; you agree not to involve, or attempt to involve, BoatBoys in any dispute or in the resolution of disputes that arise between you and another member as a result of the services provided by your choice.


F.3 Accountability: BoatBoys has no liability for any lack of performance, unavailability or failure of the services provided by members on the BoatBoys Website, or for any failure of BoatBoys to comply with the listed terms and conditions where the same arises from any cause reasonably beyond the control of BoatBoys.

F.4 No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights or terms and conditions.

F.5 Invalidity of clauses: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.

F.6 Governing New Zealand Law: These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.

F.7 Intellectual Property Rights: BoatBoys and its licensors or suppliers, as the case may be, owns all proprietary and intellectual property rights in the Website including text, graphics, logos, icons, videos, audio, the software and other material underlying and forming part of the services and applications of the Website.
F.8 Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements, obligations and representations whatsoever whether oral or written, and constitutes the entire agreement, between all parties concerned, relating to the subject matter of these terms and conditions. Members are advised to seek specific legal advice if parts of these terms and agreements are not fully understood. Use a qualified professional before undertaking any action in reliance to accepting these terms and conditions.

F.9 Privacy: BoatBoys collects personal information about you through your use of the services and the Website, including:

You agree that BoatBoys may use this personal information to assist us to provide the services to you, for internal research purposes, to verify your identity, for promoting and marketing other BoatBoys products and services and for any other use that you authorize. You agree to your membership's trading history being published in your feedback which is displayed on your profile.

We will not sell or allow third parties to access your personal information without your consent. We release account and other personal information only when we believe release is appropriate to comply with law; facilitate court proceedings; enforce or apply our terms and conditions; or protect the rights, property, or safety of BoatBoys Limited, our users, or others. Government agencies with statutory roles enabling them to request information from us include but are not restricted to; the Police, Inland Revenue Department and Ministry Of Economic Development. You may contact BoatBoys to ask whether information has been provided to government agencies.

If you intend to take Disputes Tribunal proceedings against another member and you require that member's contact details in order to take such proceedings, Boat Boys will release those details to you if you make a statutory declaration stating that you require that member's contact details for the sole purpose of taking Disputes Tribunal proceedings. You may obtain a statutory declaration for this purpose by contacting BoatBoys or the Disputes Tribunal.
Acceptance of these terms and conditions confirm your approval of the BoatBoys ethics. Boatboys Ethics will be used as a standard for misconduct.