Terms and Conditions

Web Site Terms and Conditions of Use

Last updated:April 2025

AGREEMENT BETWEEN USER AND CRESTCLEAN
1. These Terms of Use (Terms) apply to the use of the CrestClean website (crestclean.co.nz) operated by Crest Commercial Cleaning Limited (CrestClean, we, us, and our). By accessing and using the Website you confirm that you (the User) have read, understood and agree to be bound by these Terms.
2. These Terms incorporate CrestClean’s Privacy Policy, Terms of Trade and/or Service Agreement (as applicable to the User).
USER’S RESPONSIBILITIES
1. Lawful use: The User may only use the Website for lawful purposes and must comply with all applicable laws when accessing and using the Website and must not:
  1. copy, modify, translate or otherwise create derivative works from any part of, or reverse engineer or decompile the whole or any part of, the Website (or attempt to do so, or assist anyone else to do so);
  2. copy any part of the Website, except as permitted by these Terms, and to the extent that copying occurs automatically in the normal course of the User accessing of the Website;
  3. interfere with, or disrupt, the provision of the Website or its use by anyone else; or any attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.
2. Instructions: The User must comply with any instructions we provide to the User relating to access to, and use of, the Website.
INTELLECTUAL PROPERTY
1. Unless otherwise indicated, we or our licensors hold the copyright and other intellectual property rights in all material that comprise the Website (Materials). The User does not acquire any ownership rights in the Materials by using the Website or any of the Materials.
2. The Materials can be accessed by the User free of charge on any device that the User owns or controls. The Materials may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorised by us.
3. We do not authorise the use of any of our trademarks or logos, or any other trademarks and logos used in the Website, without our prior written permission. These are the registered or unregistered trademarks of us or our licensors.
4. Anything you provide to us, including feedback, ideas or suggestions that you give us, in relation to the Website may be used by us free of any obligations to you (including payment).
DISCLAIMERS
1. All due care has been taken to ensure that the information and content presented when using the Website. However, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the information and content contained in or about the use of the Website. Any reliance you place on such information is therefore strictly at your own risk.
2. No guarantee of availability: We make every effort to keep the Website running smoothly. However, we take no responsibility for, and will not be liable (whether under tort, equity, negligence or otherwise) for, the Website being temporarily unavailable due to technical issues beyond our reasonable control. We also reserve the right to cease making the Website available at any time.
3. Third party content: The Website may host third party content such as advertisements and endorsements belonging to other traders, or link users to other websites or apps. CrestClean has no responsibility for the availability of, or for any errors or omissions in, such third party content, websites or apps.
4. Data protection: We do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we will take reasonable steps to preserve such information in a secure manner. We take all due care in ensuring that the Website is free of any virus, worm, Trojan horse and/or malware, however, we are not responsible for any damage to your computer system or mobile device which arises in connection with the use of the Website or any linked website.
LIABILITY
1. Liability exclusions: To the fullest extent permitted by law, CrestClean will not be liable for any errors and omissions, nor for:
  1. any direct or indirect, incidental, special or consequential loss or damage;
  2. any loss of data, profits, revenue, business or goodwill; or
  3. any damage to your computer system or mobile device or the data held on the computer system or mobile device,
  4. arising out of or in connection with the use of the Website or the data contained on it.
2. Limitation of liability: If, notwithstanding the above, CrestClean is found to be liable to you under these Terms or in relation to the Website, to the fullest extent of the law, CrestClean’s liability (whether in contract, tort, equity, negligence or otherwise) shall not exceed $100.
3. Warranties excluded: To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms is excluded.
4. Consumer Guarantees: Notwithstanding any other provision of these Terms, nothing in these Terms limit any rights the User may have under the Consumer Guarantees Act 1993 (CGA).
INDEMNITY
1. By accessing the Website, the User indemnifies CrestClean from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with the User’s use of the Website.
SUSPENSION AND TERMINATION/ACCESS RESTRICTION
1. Suspension of operation: We may withdraw or suspend the operation of the Website, or cease to provide and/or update content to the Website, with or without notice to the User, if we believe there are reasonable grounds for doing so, including without limitation for security, legal or business reasons.
2. Suspension or termination of access: We may suspend and/or terminate the User’s right to access and use the Website, with immediate effect at any time, including where the User has not complied with these Terms. Termination is without prejudice to the rights and obligations of the parties accrued up to and including the date of termination.
CHANGES TO THESE TERMS
1. CrestClean may change these Terms from time to time. We will indicate the date of the last update of the Terms within the Terms that are accessible through the Website or that are made available to the User upon request. Any changes will be effective from the date that the revised Terms are uploaded.
2. We encourage the User to review the Terms regularly. The User’s continued use of the Website after an update to the Terms constitutes acceptance of those Terms in accordance with clause 1.
UPDATES
1. We may from time to time update or develop the Website, including to provide bug fixes and/or new, replacement or improved features or functionality. Each update to the Website will be available to the User automatically when the User next uses the Website. We may also choose to cease making any part of the Website or means of accessing it available at any time.
GENERAL
1. Applicable law: These Terms are governed and to be construed by the laws of New Zealand and the User accepts that the New Zealand Courts have non-exclusive jurisdiction to deal with any dispute, litigation or other matter relating to these Terms or the Website.
2. Privacy: CrestClean’s Privacy Policy contains detailed information about how CrestClean collects and handles the User’s personal information.
3. Force Majeure: Neither CrestClean or the User will be liable for any breach of these Terms, to the extent that breach is caused or contributed to by circumstances beyond its reasonable control.
4. Waiver: No waiver by the User or CrestClean of any rights (as applicable) under these Terms will be effective unless it is in writing.
5. Severability: If at any time any part of these Terms becomes illegal, invalid or unenforceable in any respect, that part shall be read down to become legal, valid and enforceable or, if this is not possible, deleted. The remaining parts of these Terms shall continue to apply with full force and effect.
6. Entire Agreement: These Terms and the documents and information referred to in these Terms record the entire agreement between the User and CrestClean relating to the Website.
7. Contacting Us: If the User have any questions about these Terms or the Website, please contact us at admin@crestclean.co.nz.
DEFINITIONS
1. Personal Information means any information about an identifiable individual in accordance with the Privacy Act 2020.
2. Privacy Policy means the CrestClean Privacy Policy as amended and updated from time to time that can be accessed on the Website or made available on request.
3. Service Agreement means an agreement for the provision of services by CrestClean to the customer on an ongoing basis in accordance with a cleaning proposal that forms part of the Service Agreement.
4. Terms of Trade means CrestClean’s standard terms of trade from time to time that apply to orders made and the goods and services provided to the User.