LawnPros Terms of Use

The terms and conditions outlined below(“Terms of Use”) make up a legally-binding agreement between Emagic Ltd (“LawnPros”, ”We”, “Us”) and you(“Registered User”, ”User”).

These Terms of Use cover your legal rights, obligations and define your limits while you actively use and interact with the LawnPros Website accessible via www.lawnpros.co.nz and while you enter into online agreements with users of the Website who are offering services (a “Business Service Provider”, “Providers”) and users of the Website who are seeking services (a “Service Customer”, “Customer”) where “Services” constitutes to any type of work needed to complete a Job requested by the Service Customer typically but not limited to Lawn care.

LawnPros acts as an online hub to connect Service Customers to the Service Providers by facilitating the distribution and publication of user submitted information.

Your access to or use of the Services in this Website verifies that you have the authority to enter into these terms of use and that you have read and agreed to the terms of use regardless whether you have clicked on “I have read and agreed to the terms of use.” If you do not agree to be bound by these terms of use, you must stop using this website and the services immediately.

We may review and update this agreement from time to time to adhere to our common practices, procedures and obligations. This may occur at any time without any notice. Any amendments to the terms of use will be effective immediately.

How LawnPros Works


LawnPros acts only as an online hub to connect prospective Service Customers needs to the services of the Business Service Providers by facilitating information between the two parties. Customers will receive quotes from Providers regarding their job and enter into transaction agreements with Providers of choice to engage in Lawn Care Services.  Further, these agreements will be subject to the Provider’s own Terms and Conditions.

Such transaction agreements are bound only between the Customer and the Provider and both parties acknowledge that LawnPros acts only as a neutral facilitator and has no direct participation in these agreements.

Registration


By registering for an account on the Website you certify that you are over the age of 18 and have the authority to enter into the Terms of Use and either a User seeking the services of a Business Service Provider or a business User offering services to a prospective Service Customer. You may not have more than one active personal account and you are prohibited to sell or transfer your LawnPros account to another party without written consent from us.

You acknowledge and agree that you will NOT use the Website for purposes other than its intended use including the attempt to copy, reverse engineer or reconstruct any part of or other versions of the Website in any type platform for self gain unless you have written consent from LawnPros.

You accept to be bound by the conditions set forth in the Terms of Use and conform to the use of the Website and Services that do not violate local laws.

To access certain customer support features you are required to submit personal identifiable information about yourself and agree to any information you provide to LawnPros will always be correct, accurate and kept up to date.  

You agree to taking personal accountability and responsibility for maintaining the confidentiality of any username, passwords and personal identifiable information you may need to access the Website or retrieve such information and therefore agree to notify LawnPros immediately of any unauthorised use of your account and any other breach of security.

As the user of the account you will be responsible for all activities that take place under your account with or without your knowledge and whether or not you have notified LawnPros of any unauthorised use.

LawnPros reserves the right to terminate your account and future use of the Website should you violate any of the conditions set forth in the Terms of Use.

Code of Conduct


By interacting and participating in the Services of LawnPros you agree to:

General

Not use the LawnPros Website to:
  1. Conduct, promote or provide information about illegal activities;
  2. Mislead, abuse, harass, threaten, defame or otherwise offend others;
  3. Engage in or promote any surveys, contests, pyramid schemes, unsolicited emails or spamming;
  4. Impersonate or create a profile for someone else or entity other than who you represent;
  5. Solicit passwords or personal information for malicious intent.
Not to engage in the following prohibited activities such as:
  1. Copy or Mirror any part of the LawnPros Website without prior written consent to do so;
  2. Using robots, spiders, other devices or processes to trawl the Website to collect information in any way;
  3. Modify, translate, sell, disassemble or reverse engineer and part of the LawnPros Website and its Services with exception only permitted by law.
  4. Using references to LawnPros to direct other people to any other website unless you have written authorization to do so.

For Service Customers

You agree to:
  1. Only post honest and fair comments and reviews in your feedback relevant towards the Service and Customer Service you experienced from Business Service Providers.
  2. Only list legitimate jobs to be quoted for in the LawnPros Website and prohibited from listing any jobs that are fictitious, phony or bogus.
  3. and acknowledge that Business Service Providers represent themselves as an entity and have their own terms and conditions should you choose to engage in any business dealings with them, they do not hold or represent Emagic Ltd in any way.

For Business Service Providers

You agree to:
  1. Only list accurate information in relation to your entity and the services you provide.
  2. Only post honest and fair comments in response to the feedback from Service Customers.
  3. Treat any personal information relayed onto you from LawnPros on behalf of Service Customers regarding a potential job as private and confidential.
  4. You a solely responsible should you choose to go into a transactional agreement with a Service Customer and any work to complete under that agreement.
  5. Represent yourself as an entity and in no way do you represent LawnPros when you contact a potential Service Customer.
LawnPros has no obligation to monitor any member’s use of the Website. However we reserve the right to audit, monitor, retain and disclose any information necessary at times to satisfy any local Law.

Three Strike Policy

In the event where multiple Service Customers file a complaint towards a Business Service Provider in regards to not following through with the transactional agreement, rude, offensive behaviour, vulgar or profane language, a Strike will be marked against the Business Service Providers account. If a Business Service Provider re-offends three times, LawnPros reserves the right to restrict access to or terminate the account of the particular user. Re-instating any accounts will be entirely at the sole discretion of LawnPros.

Service Fees

Fees for Business Service Providers

It is free to join LawnPros and create a business profile, list services to be offered and browse prospective jobs leads from Service Customers. However, LawnPros charges fees in exchange for Service Customer contact details on prospective job leads, so that you can directly contact and enter into transaction agreements with Service Customers. Fees are subject to change at any time. LawnPros may in the future offer additional services of benefit to Business Service Providers and reserve the right to charge fees for such Services.

You agree to pay all fees incurred to your account based on LawnPros fee structure and billing terms. For any reason, if LawnPros cannot charge your credit card or secure payment through other payment methods successfully, LawnPros reserves the right to enter your account into a grace period at which access to your account and Services will be limited or terminated.

Fees for Service Customers

It is free to list prospective jobs to be quoted on by Business Service Providers, obtain and request quotes and browse the list of Business Service Providers.

Cancellation

You may at anytime cancel your registration or subscription to any of LawnPros Services or renewal period by submitting a cancellation request no less than 3 days prior to your auto renewal billing date.  You can submit a cancellation request in writing to LawnPros’s contact details.

Refund Policy

Refunds will not be provided for genuine leads. Refunds for fake leads can be requested by contacting support@lawnpros.co.nz. All refunds are at the sole discretion of LawnPros.

Breaching Terms of Use and Termination of Account

At anytime should you be found to be in breach of or violate the Terms of Use, LawnPros reserves the right for any reason or no reason at all and without explanation to immediately enter your account into a grace period of 15 days whereby your privileges to access the Services will be suspended or you account immediately terminated without notice. In the event of your account entering into a grace period or being terminated, you agree that all fees paid to LawnPros are deemed non-refundable.

Feedback and Review Feature

LawnPros adopts a user feedback system to provide an overall performance and satisfaction rating of individual Business Service Providers from Service Customers. Whereby Service Customers may voluntarily post comments, compliments, reviews and other opinions regarding the serviceability of the Business Service Providers listed on the Website and where Business Service Providers can respond.

As a Business Service provider you agree that Service Customers whom agree to use your services are able to post such feedback and opinions regarding your customer service and serviceability while conducting your business. All user submitted information for feedback purposes is considered to be non-proprietary and such information is accessible publically on the Website and LawnPros has the right to use such information without any limitation.

It is expected that users only post comments and reviews that are deemed acceptable, fair, honest and justifiable. LawnPros does not guarantee that all comments and reviews posted will adhere to this obligation. LawnPros reserves the right to audit, hide and withdraw any comments deemed offensive, unlawful, harmful, profane, defamatory, malicious or equally comparable to protect it’s users.

If any users are found to continually post any of the outlined above unjustifiable negative feedback LawnPros can at any time and without prior notice terminate the account of the user and deny access to its Services and Website.

Proprietary Rights

LawnPros owns all intellectual and other proprietary rights associated in the Website and Services including but not limited to the software, profile questionnaires, graphics, photos, videos, sound, any trademarks, copyrighted information and logos (for the most part known as ‘Proprietary Information’). By using the Website you acknowledge that you are prohibited from posting, copying, modifying, forwarding, reproducing, displaying in public and making commercial use of any other derivative works of the Proprietary Information unless you have prior written consent from LawnPros.

Registered users of LawnPros may submit information when using the Website. Such information is the sole responsibility of the particular person or entity that submitted the information and the consequences of posting it. All submitted information is identified as copyright protected whether it has copyright protection or not with the exception of User submitted Feedback and Reviews. Where copyright ownership belongs to a Third Party, you are obligated to attain the necessary rights before using such information.

You acknowledge by voluntarily submitting information or content to the profile pages or common areas of the Website you certify you have the right to grant and therefore expressly grant LawnPros with an irrevocable, perpetual, royalty free license to use, communicate, reproduce and publicly display for commercial purposes and any other purposes all the information you have submitted.

Communication

LawnPros may from time to time use your email address to send you messages notifying you of any important changes to our Services or special offers and promotions. If you have voluntarily provided us with your telephone number, we may use this as an alternate source of contacting you regarding our Services. If you do not want to receive such email messages or telephone calls you can notify us with our contact information at the end of this agreement.

Third Party Websites / Advertising

The Website introduces links to websites of third-parties businesses, including without limitation advertisers. LawnPros has no control over these websites and is therefore not responsible for the content including pictures, videos, text, and links of the linked business or advertiser.

These links are provided to you for convenience and by introducing these links it does not imply that LawnPros endorses or accepts any responsibility for the services provided by these businesses and advertisers.Your business dealings with these businesses or participation in the promotions or offers from advertisers are solely between you and the Third Party and LawnPros has no direct or indirect involvement with such dealings. You agree that LawnPros accepts no responsibility for any loss or damages incurred as a result of such dealings.

Disclaimer of Warranties

You understand and acknowledge that the Services is provided on an “as is” and “as available” basis and LawnPros does not accept any responsibility for the prompt or delayed delivery, accuracy or existence of information between users.

LawnPros does not warrant that the Services will be secure, uninterrupted, defect-free or will meet your requirements. Furthermore will not warrant any information or content obtained from the use of the Website including the facilitation of user submitted information will be correct, accurate or reliable.

In using the Services, you may agree engage in the Services provided by another entity, your choice to involve yourself in these Services will be subject to separate terms between you and the entity involved. You agree that LawnPros has no selection over which entity you choose to involve and you use these Services at your sole discretion and risk.

Limitation of Liability

You acknowledge and agree that you use LawnPros Services at your own risk and LawnPros will not be responsible for or accept any liability in relation to any direct or indirect damages including but not limited, to loss of profits, loss of data, service interruptions, even if LawnPros knows of or has been advised of the possibility of such damages. While LawnPros undertakes initial limited screening of businesses registering for the Services, LawnPros accepts no responsibility in relation to the conduct of these businesses towards future users of the Website and Services. Under no event will LawnPros be liable for any damages whether directly or indirectly relating to the conduct of you or anyone else in connection with the use of the Website or Services including but not limited to financial loss, emotional distress, breakage of personal items or other damages resulting from business dealings with other Service Customers or Business Service Providers including Advertisers linked on our Website.You acknowledge and agree that LawnPros makes no representations towards the accuracy of information provided by users of the Website and have no liability to you resulting from incorrect information.

Indemnification

By accepting this Terms of Use agreement, you agree to indemnify Emagic Ltd including its directors, employees, contractors, officers, agents and other partners from any liability, loss, damage, cost and expenses (including reasonable legal expenses) resulting from your use of the Services or any unauthorised use of your account resulting in alteration of your communications with other users through the Services, the use of information submitted by you and any breach to the Terms of Use by you. Any business agreements or transactions, which may arise between users through the use of LawnPros and its Services are the sole responsibility of the parties involved.

Complaints and Disputes

If you have an issue or complaint regarding the Website or Service, please consult the Frequently Asked Questions page(FAQ). Following this, if your issue or complaint has not been resolved you could contact us by email at: support@lawnpros.co.nz

LawnPros has no direct or indirect involvement with transactional agreements between Service Customers and Business Service Providers and we only act as a neutral facilitator of information between both parties. Both parties will be jointly responsible to resolve any issues or disputes that may arise as a result from entering into a transactional agreement.

LawnPros treats Complaints with the utmost seriousness and operates a Three Strike Policy in order to only list quality Business Service Providers. In the event that multiple complaints have been marked against a Service Providers account, LawnPros reserves the right to terminate the account of the service provider to supply its users with only Quality Service Providers.