Tradify “Mates Rates Referral Promotion” - Terms and Conditions

Updated March 2023

1. Contractual Relationship

Promotion: The Promotion is only open to Trade Businesses operating in Australia, New Zealand, the United Kingdom, Jersey, Guernsey, Ireland, France, Canada, South Africa, and the United States of America.

Agreement to Terms: By participating in the Promotion, you agree to be bound by these terms and conditions (Terms). These Terms are in addition to Tradify's Terms of Service which can be found here.

Amendments: We reserve the right to update these Terms at any time.  We will provide at least 30 days' notice of any update to these Terms.  If you do not agree to the updates, you must stop participating in the Promotion before the updated Terms become effective.  If we make an update, we will post the update on our website. Continued participation in the Promotion after any update will mean that you have agreed to the update.

"Promotion" - means the Tradify “Mates Rates Referral Promotion”, details of which are set out in these Terms. 

"Referrer" - means an existing Tradify user that provides its Referral Link to a Trade Business.

"Referee" - means a Trade Business that uses a Referral Link provided to it by a Referrer.

"Trade Business" - means a business in either the building and construction sector, construction services sector and includes electricians, plumbers, HVAC, landscapers, carpenters and other trade businesses.

“Tradify” – means Tradify Limited and all current and future global subsidiaries of Tradify Limited. “We”, “us” or “our” have a corresponding meaning.

"Valid Referral" - means a Referee who signs up for a trial and upgrades to a paid Tradify subscription account using the Referral Link.

“you” – means, as the context requires, the person who participates in the Promotion either as a Referee or a Referrer, and, where the context permits, includes any entity on whose behalf that person participates in the Promotion as a Referee or a Referrer, and any person or organisation that participates in the Promotion as a Referee or a Referrer with the authorisation of that person or entity. “your” has a corresponding meaning. 

Invitation: You may receive one or more emails from us inviting you to participate in the Promotion (Invitation). The Invitation will: (i) contain a unique referral link (Referral Link) for you to share with Trade Businesses; (ii) specify the reward that you will receive for each Valid Referral; and (iii) specify the reward that your Referee may receive. 

Referral Links: A Referee may only use one Referral Link. If a Referee receives Referral Links from multiple Referrers, only the Referrer associated with the Referral Link used to start the trial by the Referee will receive a reward. A Referee cannot use the Promotion in conjunction with any other promotion offered by us.

Referral Rewards:  The reward for the Promotion is a Tradify account credit of AUD$250, NZD$250, USD$160, CAD$200, ZAR 2500, £150, or €175 (Tradify Credit) depending on the subscription currency of your Tradify account (Referral Rewards).

No limit on Referral Rewards: There is no limit on the number of times that you can share your Referral Link and the amount of Tradify Credits you can receive. However, a Referee can only submit one Referral Link. 

Valid Referrals made by the Referrer: A Referrer will receive a Tradify Credit for every Valid Referral made using its Referral Link. The Tradify Credit will automatically be credited to up to 75% of its monthly Tradify invoice until the earlier of: (i) the date the Tradify Credit reaches a nil value; and (ii) the date the Referee cancels its paid Tradify subscription account, if such date is within 6 months from the date it registers with us (for the avoidance of doubt, if the Referee cancels its paid Tradify subscription account within 6 months from the date it registers with us, the Referrer will not be entitled to the balance of any unused Tradify Credit the Referrer received from the Valid Referral associated with that Referee). 

Non-Valid Referrals: Notwithstanding the above, we reserve the right to reverse, cancel or withdraw the whole, or any portion, of any Tradify Credit in respect of a Valid Referral where the Referee cancels, or fails to pay for, its Tradify subscription, within 90 days following the date of that Valid Referral. 

Other promotional discounts: If a Referrer is already receiving a promotional pricing discount from us, the Referrer's Tradify Credit will begin being credited to up to 75% of its monthly invoice, once its existing promotional pricing discount expires.

Referee: If a Referee starts a trial and upgrades to a  paid Tradify subscription account using a Referral Link a Tradify Credit will automatically be credited to up to 75% of its monthly invoices until the date the Tradify Credit reaches a nil value. 

No spamming: There is no limit to the number of Trade Businesses that you can refer. However, you are prohibited from “spamming” anyone with Referral Links. This includes mass emailing, texting or messaging people you do not know, or using automated systems or bots through any channel to distribute your Referral Link. 

No exchange for cash: Referral Rewards cannot be exchanged, transferred or sold and cannot be redeemed for cash. 

Receipt of Referral Links: Referral Links are deemed to be received at the time of receipt by us. Our records are final and conclusive as to time of receipt. 

Non-compliance with Terms: If you do not comply with these Terms any Referral Reward will be invalid and may be cancelled by us.

Personal information: By entering this Promotion, you are taken to consent to us: (i) using your personal information to administer the Promotion including disclosing your personal information to organisations that assist us with administering this Promotion; and (ii) sending you communications with regard to your participation in the Promotion. You also consent to us using your personal information for future marketing purposes, unless you advise otherwise. 

Privacy: We respect the privacy of our customers. Any personal information will be collected, held, used and disclosed in accordance with our privacy policy which is available at https://www.tradifyhq.com/privacy. Under the Privacy Act 2020, all individuals have the right to access and correct their personal information held by us.  We will not sell or share your personal information with third parties for marketing purposes. 

Limitation of liability: To the maximum extent permitted by law, our liability to you in connection with the Promotion or these Terms, in contract, tort (including negligence) or otherwise, is limited as follows:

• We will only be liable for direct loss caused by us and suffered by you as a result of you participating in this Promotion. 
• We exclude all other liability and accept no responsibility for any other losses, costs, damages or expenses of any sort whatsoever (regardless of whether liability arises in contract, tort (including negligence), equity or by statute or other legislation) including loss of revenue or profit, loss of goodwill, loss of customers, loss of capital, loss of anticipated savings, legal, tax or accounting compliance issues, damage to reputation, loss in connection with any other contract, or indirect, consequential, incidental, punitive, exemplary or special loss, damage or expense.
• For loss or corruption of your data, our liability will be limited to taking reasonable steps to try and recover that data from our available backups.
• Our total aggregate liability to you in any circumstances is limited to the Referral Rewards due to you in accordance with these Terms plus $200.

Viruses: We have no control over the internet or mobile telephone communications, networks or lines, bugs, viruses and server problems and accepts no responsibility for any problems associated with them, for any reason. 

Force Majeure: Neither party (Affected Party) will be in default or in breach of these Terms due to any matter that is outside of its reasonable control, including any act of God, strike, lockout or other interference with work, war, blockade, disturbance, lightning, fire, earthquake, storm, flood, explosions, governmental or quasi-governmental restraint, intervention, direction or embargo, excluding lack of funds or authority or power on the part of the Affected Party.

Cancelling, pausing or ending the Promotion: We reserve the right to change, end, or pause, in whole or in part, the Promotion, as well as any Referrer's or Referee's ability to participate in the Promotion or receive Referral Rewards at any time for any reason, including suspected fraud (including by either the Referrer and/or Referee), abuse, or any violation of these Terms.  We will provide at least 30 days' notice of any decision to end or pause the Promotion.  

Inconsistency: To the extent of any inconsistency between these Terms and in the information in promotion communications, these Terms will prevail.

Eligibility: No person that is, or affiliated with, a Tradify employee, officer or contractor is eligible to participate in the Promotion. 

Severability: If any provision or part-provision of these Terms is or becomes void, illegal or unenforceable, it will be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision will be severable and deemed to be deleted, and will not affect the validity, legality or enforceability of the remaining provisions.

Governing law and jurisdiction: These Terms are governed by the laws of New Zealand.  You agree to submit to the exclusive jurisdiction of the courts of New Zealand with respect to any claim or matter arising out of or in connection with the Terms or their termination. Unless Tradify agrees otherwise, any dispute arising out of or in connection with the Terms will be referred to and finally resolved by arbitration before a sole arbitrator in accordance with the Arbitration Rules of the Arbitrators’ and Mediators’ Institute of New Zealand for the time being in force. 

Promoter: The promoter is Tradify Limited of 81 Union Street, CBD, Auckland, 1010, New Zealand.