KiwiFix Terms & Conditions
Last Updated: [DATE]
1. About KiwiFix
KiwiFix is an online marketplace operated by:
PENZO GROUP LIMITED
New Zealand Company Number: [COMPANY NUMBER]
NZBN: [NZBN]
Registered Office: [REGISTERED ADDRESS]
Email: [SUPPORT EMAIL]
KiwiFix provides an online platform through its website and mobile applications that allows customers to post job requests and allows tradespeople ("Tradies") to discover, respond to and manage those job opportunities.
KiwiFix is a technology marketplace/platform and is not itself the tradesperson performing the work.
2. Acceptance of These Terms
By creating an account, accessing the KiwiFix website, downloading or using the KiwiFix mobile application, posting a job, responding to a job, or otherwise using the KiwiFix platform, you agree to these Terms and Conditions and our Privacy Policy.
If you do not agree with these Terms, you must not use KiwiFix.
We may update these Terms from time to time. Continued use of KiwiFix after an update means you accept the updated Terms.
3. KiwiFix Marketplace
KiwiFix provides a platform connecting customers with independent tradespeople.
KiwiFix does not generally:
- employ the Tradies listed on the platform;
- guarantee that a Tradie will accept a job;
- guarantee the availability of a Tradie;
- guarantee the quality, price, timing or outcome of work performed by a Tradie;
- enter into the service contract between a customer and a Tradie unless expressly stated otherwise.
Any agreement for the actual trade work is between the Customer and the Tradie.
4. Customer Responsibilities
Customers must provide accurate and truthful information when posting a job.
Customers must not:
- post fraudulent or misleading jobs;
- provide deliberately incorrect information;
- use KiwiFix for unlawful purposes;
- harass or threaten Tradies;
- misuse another person's information;
- attempt to circumvent KiwiFix's security or payment systems.
Customers are responsible for ensuring that the information they provide about the job is sufficiently accurate for Tradies to understand the work required.
5. Tradie Responsibilities
Tradies using KiwiFix must provide accurate information about themselves, their business, qualifications, licences and services where applicable.
Tradies must:
- provide their services professionally;
- comply with applicable New Zealand laws and regulations;
- hold any licences, registrations or qualifications required for the work they perform;
- provide truthful information to customers;
- respect customer privacy;
- not misuse customer contact information;
- not use information obtained through KiwiFix for unrelated marketing or other unauthorised purposes.
6. Job Matching
KiwiFix may use information such as:
- trade type;
- sub-trade;
- location or service area;
- job description;
- availability;
- account information;
to match jobs with suitable Tradies.
A Tradie receiving a job notification does not mean that the Tradie has been selected or awarded the job.
The customer remains responsible for selecting the Tradie they wish to engage.
7. Privacy and Protection of Personal Information
Privacy is a core part of KiwiFix.
KiwiFix is designed to minimise the unnecessary sharing of personal information between customers and Tradies.
Unless the relevant person expressly authorises disclosure, KiwiFix will not intentionally provide a customer's personal phone number, street address or email address to a Tradie simply because the Tradie has received or accepted a job opportunity.
Similarly, KiwiFix will not unnecessarily disclose a Tradie's private contact information to customers.
8. Customer Approval Before Contact Information Is Shared
When a customer chooses or accepts a Tradie, KiwiFix may display a prompt asking the customer whether they wish to share particular contact information with that Tradie.
For example:
Would you like to share your contact details with this Tradie?
☐ Share my phone number
☐ Share my email address
☐ Share my job address
Confirm & Share
The customer may choose whether to provide the requested information, subject to information that may be necessary for KiwiFix to provide the requested service or comply with law.
Where consent is provided, KiwiFix may disclose the selected information to the selected Tradie for the purpose of carrying out the job.
The customer's consent does not give the Tradie permission to use that information for unrelated purposes.
9. Communication Through KiwiFix
Where available, KiwiFix may provide in-platform communication between customers and Tradies.
Users agree not to misuse KiwiFix communication features for:
- spam;
- harassment;
- fraud;
- unsolicited marketing;
- collection or distribution of personal information without permission.
KiwiFix may retain communications where reasonably necessary for security, dispute resolution, fraud prevention, legal compliance or operation of the platform.
10. Personal Information
KiwiFix may collect information required to operate the platform, including:
- name;
- email address;
- phone number;
- account information;
- approximate or job-related location information;
- job details;
- trade information;
- payment information where applicable;
- communications with KiwiFix or other users;
- device and technical information.
KiwiFix will collect and use information for legitimate purposes connected with operating, securing and improving the platform.
New Zealand's Privacy Act principles include requirements concerning collection purpose, transparency, security, access, correction, retention, use and disclosure of personal information.
11. No Sale of Personal Information
KiwiFix does not sell customers' personal information to third parties.
KiwiFix does not sell:
- customer phone numbers;
- customer email addresses;
- customer street addresses;
- Tradie private contact information;
for third-party marketing purposes.
Personal information may nevertheless be provided to service providers where reasonably necessary to operate KiwiFix, such as hosting, authentication, email, payment, analytics, security and technical service providers.
Where third-party providers process personal information on KiwiFix's behalf, KiwiFix will take reasonable steps to protect that information.
12. Security
PENZO GROUP LIMITED will take reasonable technical and organisational measures to protect personal information against unauthorised access, loss, misuse, alteration or disclosure.
However, no internet-based service can guarantee absolute security.
Users are responsible for protecting their account credentials and must notify KiwiFix if they believe their account has been compromised.
13. Payments
Where KiwiFix provides payment functionality, payments may be processed through third-party payment providers.
KiwiFix may not store complete payment card information where payment processing is handled by an external payment provider.
Users agree to comply with the applicable terms of the payment provider.
14. Tradie Subscriptions
Where Tradies are required to pay a subscription to use certain KiwiFix features:
- subscription prices will be displayed before purchase;
- billing frequency will be clearly identified;
- applicable taxes may apply;
- subscription renewal terms will be disclosed before purchase;
- cancellation terms will be provided at the time of subscription.
KiwiFix may change subscription pricing by providing reasonable notice where required.
15. User Content
Users may submit:
- photographs;
- job descriptions;
- reviews;
- messages;
- business information;
- other content.
Users remain responsible for the content they submit.
By submitting content to KiwiFix, you grant PENZO GROUP LIMITED a licence to use, store, reproduce and display that content as reasonably necessary to operate and improve the KiwiFix service.
Users must not upload content that is unlawful, fraudulent, defamatory, abusive or infringes another person's rights.
16. Reviews and Ratings
KiwiFix may allow customers and Tradies to provide ratings and reviews.
Reviews must be honest and based on genuine experiences.
KiwiFix may remove content that is fraudulent, abusive, misleading, defamatory or otherwise violates these Terms.
17. Suspension and Termination
KiwiFix may suspend or terminate an account where reasonably necessary because of:
- fraud;
- abuse;
- harassment;
- misuse of personal information;
- violation of these Terms;
- unlawful activity;
- security concerns;
- non-payment;
- attempts to circumvent KiwiFix systems.
Where appropriate, KiwiFix may provide notice and an opportunity to resolve the issue.
18. Disclaimer
KiwiFix provides a marketplace and technology platform.
Except where KiwiFix expressly states otherwise, PENZO GROUP LIMITED does not guarantee:
- that a particular Tradie will be available;
- that a job will receive responses;
- that a Tradie will complete work;
- the quality of work performed by an independent Tradie;
- the price charged by a Tradie;
- the outcome of services provided by a Tradie.
Customers should independently assess a Tradie's suitability before engaging them.
19. Limitation of Liability
To the maximum extent permitted by New Zealand law, PENZO GROUP LIMITED will not be responsible for losses arising from agreements or services between customers and independent Tradies, except to the extent that such liability cannot lawfully be excluded or limited.
Nothing in these Terms is intended to exclude, restrict or modify any rights or remedies that cannot legally be excluded under applicable New Zealand law.
This is particularly important because New Zealand consumer laws can provide mandatory protections for consumers and services.
20. Compliance With New Zealand Law
KiwiFix and its users must comply with applicable New Zealand laws.
These may include, where applicable:
- Privacy Act 2020;
- Fair Trading Act 1986;
- Consumer Guarantees Act 1993;
- Unsolicited Electronic Messages Act 2007;
- applicable trade, licensing and safety requirements.
New Zealand consumer protections can apply to online businesses, and the Fair Trading Act prohibits misleading or deceptive conduct.
21. Privacy Policy
Our Privacy Policy explains in greater detail:
- what information we collect;
- why we collect it;
- how we use it;
- when information may be disclosed;
- how information is protected;
- how users can access or correct their information;
- how users can contact us about privacy matters.
22. Changes to KiwiFix
PENZO GROUP LIMITED may modify, suspend or discontinue parts of KiwiFix where reasonably necessary.
We may also introduce new features, services or subscription options.
23. Governing Law
These Terms are governed by the laws of New Zealand.
Any disputes will be subject to the applicable courts and dispute-resolution processes of New Zealand, subject to any mandatory rights available to consumers.
24. Contact Us
For questions regarding these Terms or KiwiFix:
PENZO GROUP LIMITED — KiwiFix
Email: support@kiwifix.nz
Website: www.kiwifix.nz
For privacy-related enquiries:
Privacy Contact: privacy@kiwifix.nz