Terms & Conditions
WELLS WEE JOBS – TERMS AND CONDITIONS
Welcome to the Wells wee jobs website and thank you for taking the time to read these terms and conditions, which apply with respect to your use of our website and/or services. It is important that you read these terms and conditions carefully because, by using our website and/or services, you will be deemed to have accepted these terms and conditions. If you need to refer to them again they can be accessed from the link at the bottom of any page of our website.
- Wells Instrument & Electrical Services Limited is the owner and publisher of the content contained in this website (referred to as “our”, “us”, “we”).
Any reference to “website” means the whole or any part of the web pages located at this URL or domain (including but not limited to any elements of design, underlying code, text, sounds, graphics, animated elements or any other content).
- WEBSITE INFORMATION AND CONTENT
- The information contained on this website is intended for general information only. While we endeavour to ensure that information on the website is correct, sometimes errors or inaccuracies do occur, for which we apologise.
2.1 INTELLECTUAL PROPERTY
Our website and all intellectual property rights, including graphics, logos, trademarks, design, text, icons, the arrangement of them, sound recordings and all software relating to our website, are owned by us and is copyright. These intellectual property rights are protected by New Zealand and international laws.
You may view our website and its contents for personal and non-commercial use only, and as such this is subject to copyright law and the Copyright Act 1994. You may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of our website or commercialise any information obtained from any part of our website without our prior written permission from the owner of the copyright in that material.
2.2 OTHER WEBSITES
Please note that although our website may have some hyperlinks to other third party websites, these sites have not been prepared by us and are not under the control of us. These links are provided for convenience and information only and may not remain current nor maintained. We should not be construed as endorsing, approving, recommending or giving preference to these third parties or their websites, or any information, products or services referred to on those third party websites unless expressly stated. You link to these websites at your own risk and should make your own enquiries as to the privacy policies of these third parties. We are not responsible for information on, or the privacy practices of, such websites. We are not responsible for the availability of any of these links.
2.3 SECURE DATA
Given the nature of the internet, we cannot guarantee that any data transmission is totally secure. Whilst we take precautions to protect information, we do not warrant and cannot ensure the security of any information you transmit to us. You therefore transmit to this website at your own risk. However, once we receive your transmission, we will take reasonable steps to preserve its security. If you become aware of any problems with the security of the data or the website, please contact us immediately by email at email@example.com
Given the nature of the internet, we cannot guarantee that our website is free from viruses, fault or other conditions which could damage or interfere with your computer systems, and we do not warrant that your access to our website will be uninterrupted, error free or that any defects will be corrected. You assume the risk of any damage to your property as a result of using our website, and to the maximum extent permitted by law, we disclaim all liability for any errors, omissions and faults.
You must take your own precautions to ensure that the process which you use for accessing our website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of our website or any linked website.
• personalise your visits to our website;
• enable us to improve the content, reliability and functionality of our website;
• enable you to use certain services or functionality;
• evaluate the effectiveness of the advertising on our website;
• track website usage patterns;
Accepting a cookie will not give us access to any data on your computer other than the data stored in the cookie. You may configure your web browser to not accept cookies, but you may experience a loss of functionality as a result.
- ONLINE SERVICES AND ORDERS
3.1 SERVICES AND ORDERS
“Order” means a request for services offer made by you in response to an invitation to treat made by us on the website.
“Services” means the tasks undertaken by our service provider, at the nominated property.
Our website and the information on it constitute an invitation to treat and not an offer to sell or supply services.
You and we may enter into a contract for the sale and supply of services, by you making an offer via the website to purchase services, at the price advertised on our website by:
(i) placing an electronic Order for the products using the website;
(ii) you confirming the Order details in accordance with the procedure on the website;
(iii) you making payment in full on the website; and
(iv) our acceptance of that offer in accordance with these terms and conditions.
When entering into a sale contract via the website, you will be taken to have communicated your offer to purchase the services when:
(i) all requirements set out in these terms and conditions have been met;
(ii) the electronic instruction containing the offer from you enters and is recorded in our database;
(iii) a record is created and stored in our database; and
(iv) we receive payment from you for the services and confirmation of that payment is received by our database.
You acknowledge that:
(i) the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by us for reasons beyond either party’s control including, but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party website providers or systems;
(ii) to the extent permitted by law, we are not liable to you in any way for any loss or damage at all however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason;
(iii) we may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and
(iv) we may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
You will receive an email from us immediately after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact the Customer Services Team on firstname.lastname@example.org
If your Order is not accepted by us, we will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.
We may, in our sole and absolute discretion, accept or reject any offer made by you for any reason, including an error in the advertised price for, or description of, the products on the website, or an error in your Order.
3.2 GUESTS AND REGISTERED USERS
You may access or use the website as a ‘guest’ or as a ‘user’.
To become a user of our website, you must provide your name and address, telephone number, a valid email address, a nominated property occupier name, address and contact details and nominate a password. If you do not provide accurate and complete details we may not be able to activate your login or supply services.
You will receive an email from us immediately after you create your account. If you have not received such an email within 24 hours, please contact our Customer Services Team at email@example.com
We only permit one membership registration per email address.
You must keep your password secure and you are responsible for any activity using your login. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account.
If you forget your password you may click on the relevant link located on the website and we will email you a new password.
We reserve the right to terminate a member’s account immediately without notice for any reason whatsoever including without limitation, where we suspect the member has breached these terms and conditions.
Any Order made by you using this website is an acknowledgement by you that you are over the age of eighteen years, you accept these terms and conditions and agree that you have entered into a legal contract with us in relation to these terms and conditions.
3.3 ORDER ENQUIRIES
If you have any query about the progress of your Order please contact the Customer Services Team on firstname.lastname@example.org. Please have your Order number handy as shown on the email confirmation.
3.4 GIFT CERTIFICATES
You may purchase a gift certificate for the nominated property occupier. This certificate transfers to the nominated property occupier once full payment is received by us. A gift certificate is valid for 12 months.
Prices shown are in New Zealand dollars and include GST where applicable. Please note that we may vary any prices on this website at any time without notice to you. We reserve the right to correct any errors.
All payments must be made by you in full.
Payments are made via the Stripe secure payment gateway facilities accessible via the website and will be subject to any terms and conditions of these providers or by authorising us to charge your credit card account for the total price of the services ordered.
The website employs the latest technology from the Stripe secure payment gateway to secure our payment systems.
To the extent permitted by law, we will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by you, where a credit card is fraudulently used or is used in an unauthorised manner.
If there is a problem with your payment (for example, if your credit card transaction is declined), we may contact you to make alternative payment arrangements.
Refunds on credit balances and/or gift certificates will only be provided where the circumstances at the nominated property have changed and any refund will be provided at our sole discretion.
- Our Services
4.1 THE NOMINATED PROPERTY
“Nominated Property” means the residential address provided for service at the time the order is placed on our website.
You may nominate one property per order placed on our website. The nominated property must be located within the service area, and must be a residential address which is not used for:
• commercial, retail, office, industrial or professional purposes, or
• commercial farming or agricultural purposes.
The nominated property must not be a portable, temporary or non-fixed dwelling, building, or structure such as a caravan, trailer, campervan, recreational vehicle or otherwise.
Services are available at the nominated property only. By placing an Order on our website, you are authorising us to dispatch a service provider to the nominated property.
Should additional services be requested or further work required, which exceeds the services ordered, the service provider will advise the nominated property occupier of this. Where our service provider is equipped and competent and at the request of the nominated property occupier, our service provider can provide you with a quote for additional work. Payment will be required via our website, prior to our service provider completing the additional services.
For services completed inside the nominated property, the nominated property occupier or a person you nominate must be present at the nominated property during the service period.
In the event you request cancellation of service, the scheduling and attendance fee will not be refunded to you.
If you have a complaint of any nature, please report this to us within seven days following service. Supporting material and evidence will be required.
Services are available between the hours of 8:00am and 6:00pm on normal working days, excluding weekends and public holidays. Whilst we will use our best endeavour to attend the nominated property within the timeframes outlined on our website, this timeframe may vary dependant on the location of the nominated property and current demand for services.
4.4 HEALTH AND SAFETY
Services will not be provided or may be limited where, in the opinion of us or our service provider attending, there is a risk to the health, safety or property of any person.
4.5 YOUR RESPONSIBILITIES
We reserve the right to limit or refuse to provide services where, in the opinion of our service provider, any of the following responsibilities are not adhered to by you and/or the nominated property occupier:
• Upon request for services, you must advise of the presence of dogs or any other known hazards;
• The nominated property occupier must act in a reasonable manner towards our service provider;
• You, the nominated property occupier, or any other person at the nominated property, must not act or behave in a manner that is inappropriate, improper, hostile, threatening, abusive or dangerous.
Our services exclude the delivery of any service requiring specialist brand knowledge, equipment, and/or components or any repair.
Our services exclude the removal of any general debris from the nominated property.
4.6 SERVICES LIABILITY
Without limiting any rights you may have at law which may not be excluded, including under the Consumer Guarantees Act 1993, we may accept liability for damage to the nominated property directly caused by our service provider, where notice of the damage is given to us within seven (7) days of services. In these cases, we must be given the opportunity to inspect the nominated property within a timeframe which is agreed between you and us, and before further repairs are carried out. To the maximum extent permitted by law, liability will only be accepted should it be found that the damage was directly caused by our service provider.
Given the nature of the services, to the maximum extent permitted by law, we do not represent that the nominated property (or part thereof) to which we provide service will be, or will remain for any period of time, in working order.
We accept no liability for providing services which would void a warranty, cause you to breach a contractual obligation, or prejudice or adversely affect an existing or subsequent insurance claim or legal action. It is your responsibility to advise our service provider not to complete services where doing so may affect you in this manner.
To the maximum extent permitted by law, we will not be liable or in default for any failure or delay in providing services, either in whole or in part, where failure or delay arises directly or indirectly out of causes beyond the reasonable control of us. This includes, but is not limited to, a major disaster; adverse weather conditions; unavailability of materials, parts, qualified personnel, equipment, fuel or the like; failures in telecommunications, satellite and global positioning systems; and otherwise where services are not reasonably available.
To the maximum extent permitted by law, we will not be liable for consequential loss as a result of services.
Despite anything to the contrary contained or implied in these terms and conditions, these terms and conditions do not exclude, restrict or modify the application of any statutory provision where to do so would contravene any applicable law or cause any part of these terms and conditions to be void.
5.2 ELECTRONIC TRANSACTIONS ACT
5.3 DISCLAIMER AND INDEMNITY
To the extent permitted by law, we exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to our website including, but not limited to, loss or damage you might suffer as a result of:
(i) errors, mistakes or inaccuracies on our website;
(ii) you acting, or failing to act, on any information contained on or referred to on our website or any linked website;
(iii) personal injury or property damage of any kind resulting from your access or use of our website;
(iv) any unauthorised access to or use of our websites secure servers;
(v) any interruption or cessation of transmission to or from our website;
(vi) any bugs, viruses, Trojan horses or other harmful code or communications which may be transmitted to or through our website by any third party; or
(vii) the quality or fitness for any purpose of any product or of any linked sites.
Except as expressly provided in these terms and conditions, and to the fullest extent allowed by the law, we will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of our website or our services.
You will at all times indemnify us, and keep us indemnified, including our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms and conditions.
5.4 CONSUMER GUARANTEES ACT
Nothing in these terms and conditions is intended to avoid the provisions of the New Zealand Consumer Guarantees Act 1993 (“CGA”) except to the extent permitted by the CGA or to exclude liability arising under any other statute. If you are acquiring services from us for the purposes of a business, you agree that the guarantees provided in the CGA shall not apply. We do not provide any express guarantees (as that term is defined in the CGA) other than those expressly confirmed in these terms and conditions.
5.5 CHANGES TO THESE TERMS AND CONDITIONS
We may, from time to time, add or remove information or services from our website without notice.
We reserve the right to amend these terms and conditions at any time without notice, and we may terminate your access to our website at any time without notice. Your continued use of our website and/or services will represent an agreement by you to be bound by the terms and conditions as amended. You should therefore periodically visit this page to determine the current terms and conditions. Where your access to our website is terminated, all disclaimers and limitations of liability set out in these terms and conditions will survive.
5.6 FORCE MAJEURE
We will not be liable for any errors or delay in performing any of our obligations if such errors or delay is caused by circumstances beyond our reasonable control.
5.7 TRANSFER AND ASSIGNMENT
If we merge, sell or otherwise change control of our business or our website to a third-party, we reserve the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that we have collected from you and any agreements it has made with you.
Our failure to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by us.
If any provision of these terms and conditions are found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the terms and conditions, which will continue in full force and effect.
5.9 APPLICABLE LAWS
Our website, services and these terms and conditions shall be governed by, and construed in accordance with, the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to this website or these terms and conditions. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand and agree that the courts of New Zealand are a convenient forum in which to resolve any dispute arising in relation to our website, our services or these terms and conditions.
The information contained on our website has been prepared in accordance with New Zealand law and may not satisfy the laws of any other country. If you choose to access our website from outside New Zealand, you are responsible for compliance with applicable local law.