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FindAWaterproofer.co.nz / FAW Public Website Terms
Status: Draft for founder evidence and policy review. Not legal advice. These Terms are not approved. Do not publish, link, display, or implement them until the legal implementation gate is expressly approved.
Last updated: [PLACEHOLDER — insert date]
Legal operator: [PLACEHOLDER — FAW's legal entity name has not been confirmed.]
Legal structure: [PLACEHOLDER — confirm whether FAW is operated by a sole trader, company, partnership, trust, or another structure.]
NZBN: [PLACEHOLDER — insert NZBN if applicable.]
GST registration and GST number: [PENDING REGISTRATION/ADDRESS — confirm GST-registration status before making a final GST representation. Record a GST number only if registered and appropriate to publish or include in invoices.]
Physical or service address: [PENDING REGISTRATION/ADDRESS — select and confirm an address suitable for legal notices, privacy contact, and published Terms.]
Public-page/status conflict: [PLACEHOLDER — the public /terms and /privacy pages and footer links must not present abbreviated copy as approved legal documents while these Terms remain unapproved. Record and implement the approved interim treatment only after the legal implementation gate is expressly approved.]
1. About these Terms
These Terms set out the proposed rules for using FindAWaterproofer.co.nz, also referred to as FAW. They are intended to apply to the Website and its related pages, forms, tools, and services.
The operational statements in these Terms describe a proposed launch model only. They do not confirm that a feature, workflow, payment, lead-access rule, contractor relationship, or platform role will operate at launch. Each such statement remains subject to founder evidence, a recorded policy decision, and the legal implementation gate.
Subject to those gates, the proposed model is that FAW would help homeowners connect with independent waterproofing contractors as a platform, introducer, or lead-generation service. The approved version would state whether FAW is not the contractor performing the waterproofing work and is not a party to a contract for Work between a Homeowner and a Contractor unless it expressly agrees otherwise in writing.
These Terms should be read with the FAW Privacy Policy. Contractors must also accept the applicable Contractor Agreement or contractor terms before receiving or purchasing leads, if and when that workflow is approved.
[PLACEHOLDER — confirm whether these Terms apply at launch to visitors, homeowners, contractors, or all users; whether the Website is homeowner-only, contractor-facing, or both; and whether FAW operates only in New Zealand at launch.]
2. Definitions
In these Terms:
- Contractor means an independent waterproofing contractor, trade business, or service provider using FAW to receive or purchase leads.
- Content means text, photos, reviews, profile information, documents, job descriptions, and other material submitted to or displayed on the Website.
- FAW, we, us, and our means FindAWaterproofer.co.nz and its legal operator, once confirmed.
- Homeowner means a person or organisation submitting an enquiry or seeking waterproofing-related help.
- Lead means a homeowner enquiry or job request submitted through the Website.
- Lead Purchase or Lead Unlock means a contractor paying for, or otherwise being given, access to further homeowner contact or job information.
- User means a visitor, homeowner, contractor, or other person using the Website.
- Website means FindAWaterproofer.co.nz and related FAW pages, forms, tools, and services.
- Work means waterproofing, building, repair, inspection, maintenance, or related trade services performed by a Contractor.
3. Acceptance and use of the Website
If these Terms are approved and made available for acceptance, the approved acceptance mechanism would state when Website use creates acceptance. If a user acts for a business, the approved version would also state the required authority to accept for that business.
You must use the Website honestly, lawfully, and only for legitimate waterproofing-related enquiries or Contractor participation. You must not:
- submit false, misleading, abusive, or unlawful information;
- impersonate another person or business;
- scrape, copy, harvest, resell, or misuse Website data;
- interfere with the Website's operation or security;
- upload malware, spam, or harmful content;
- harass, threaten, or abuse another person; or
- attempt to avoid applicable FAW fees, lead rules, or platform controls.
4. FAW's platform role
If founder evidence and policy review approve the proposed platform model, the approved Terms would state whether FAW:
- does not perform waterproofing work;
- is not a building consultant, inspector, designer, engineer, or project manager;
- is not the agent of a Homeowner or Contractor;
- is not a party to a contract for Work between a Homeowner and a Contractor;
- does not guarantee that a Homeowner will receive a quote or that a Contractor will be available; and
- does not guarantee workmanship, materials, compliance, pricing, timelines, or project outcomes.
The approved Terms would define FAW's role and any limits on it.
[FOUNDER EVIDENCE AND POLICY GATE — confirm whether in-platform quote acceptance, payment for Work, escrow, project management, inspection, or workmanship guarantees are enabled at launch. Do not state that a feature is absent or available until founder evidence and policy approval confirm it.]
5. Homeowner enquiries
A Homeowner may submit a waterproofing-related enquiry through the Website. The Homeowner is responsible for providing accurate and complete information, including contact details, city or suburb, job description, urgency, and any relevant photos, documents, risks, or access issues that the Website requests or permits.
FAW's current intake policy does not request a street address, house number, or exact property location. City and suburb support matching.
An enquiry does not guarantee that a Contractor will respond, quote, inspect, or accept the Work. FAW may review, edit, reject, remove, or hold an enquiry that appears false, duplicate, abusive, unsafe, unlawful, spam, or unsuitable for the platform.
[PLACEHOLDER — confirm whether Homeowners submit enquiries through accounts or as one-off users; whether they choose Contractors or FAW routes leads; which fields, contact preferences, categories, urgency, and location options are collected; whether confirmation email or SMS is sent; and whether an enquiry can be edited or cancelled. Confirm the notice, consent, and choice through which a Homeowner permits their information to be released to a Contractor after entitlement.]
6. Contractor introductions and lead access
FAW may allow Contractors to view limited Lead information and, where applicable, purchase or unlock further contact and job information. A Lead may have no more than three active, paid, non-refunded Contractor unlocks. A paid Lead entitlement is controlled by webhook-persisted payment confirmation; a payment-success page or receipt alone does not grant entitlement.
The locked Contractor view hides contact details. FAW makes Lead photos available only after paid entitlement. The required payload review remains open because a current application path may return a name or phone number before entitlement; that issue must be resolved before this control can be represented as complete.
Contractors may use Lead information only to respond to, quote for, and carry out the Homeowner's requested waterproofing-related service, unless the Homeowner separately agrees to another use.
Contractors must not resell, share with unrelated third parties, scrape, bulk export, or otherwise misuse Lead information. Contractors must comply with applicable privacy obligations when handling Lead information.
[PLACEHOLDER — founder evidence and policy review must define the exact Lead visibility matrix. Confirm every pre-unlock field and every post-unlock field, including category, region, city or suburb, urgency, description, property type, measurements, photo count or preview, name, email, phone, photos, documents, and preferred contact method. Confirm that no name, phone, email, street address, embedded contact detail, photo URL, or other personal information is returned before entitlement. Confirm whether a full address is ever collected or released; current intake does not collect a street address. Confirm whether Contractors browse leads or receive matched alerts; whether purchase is manual, automated, or approved; whether emergency leads have separate rules; whether Contractor agreement acceptance is required before access; whether subcontractors may access Lead data; the permitted retention period; the meaning of active and non-refunded; reopen conditions; and the treatment of original purchasers after reopening.]
7. Contracts for Work
The proposed model is that a Homeowner submits an enquiry, a Contractor may receive, purchase, or unlock Lead information, and the Contractor then contacts the Homeowner directly.
Any quote, site visit, inspection, advice, agreement, payment for Work, warranty, or dispute about Work is between the Homeowner and Contractor. A Lead Purchase is separate from any agreement for Work and is a transaction between FAW and the Contractor.
FAW is not a party to a contract for Work unless it expressly agrees otherwise in writing.
8. Contractor information, qualifications, and verification
Contractors are responsible for ensuring that their profile information, service descriptions, qualifications, licence claims, insurance claims, photos, prices, and availability information are accurate, current, and not misleading.
FAW must not be treated as guaranteeing a Contractor's workmanship, availability, pricing, insurance, qualifications, Licensed Building Practitioner status, compliance history, financial position, or suitability for a particular job. Users should make their own checks before entering into a contract.
[PLACEHOLDER — founder evidence and policy review must confirm any identity, NZBN, insurance, LBP, reference, review, supplier-certification, or membership check. Do not publish a verification claim or badge, including “Verified”, “Checked”, “Insured”, “LBP”, “Trusted”, “Top Rated”, or “Approved”, until its criteria and supporting evidence are documented, auditable, and approved.]
9. Building requirements and professional advice
Some waterproofing or related building work may involve restricted building work or other legal requirements. The Contractor is responsible for ensuring that the correct people, approvals, documents, and processes are used for the Work.
Homeowners should ask Contractors what licences, qualifications, consents, warranties, insurance, producer statements, or records of work are relevant to their project. FAW does not determine whether a particular job requires an LBP, building consent, producer statement, or other approval unless FAW expressly states otherwise in writing.
FAW may publish general waterproofing information, guides, chatbot responses, checklists, category pages, or educational content. This content is general information only; it is not legal, building, engineering, design, inspection, or professional advice. Waterproofing issues can be site-specific, and a Homeowner should obtain an appropriate professional assessment before making decisions about Work, repairs, construction, compliance, or safety.
[PLACEHOLDER — confirm which guides, chatbot functions, inspection prompts, or educational material are active at launch; whether chatbot outputs are stored; and whether they are used to qualify or generate Leads.]
10. Reviews, testimonials, and feedback
If FAW enables reviews, testimonials, ratings, or feedback, Users must ensure their Content is honest, fair, relevant, and based on genuine experience. Users must not post Content that is false, misleading, defamatory, abusive, discriminatory, privacy-invasive, commercially deceptive, unrelated, or supplied in exchange for an improper incentive.
FAW may moderate, edit, remove, hide, or refuse to publish reviews or Content.
[PLACEHOLDER — confirm whether reviews or testimonials are enabled at launch; who may submit them; whether a verified interaction is required; moderation, Contractor response, takedown, dispute, evidence, and appeal processes; and written permission requirements for marketing testimonials.]
11. Fees, payment, and refunds
Homeowner and Contractor fees, payment timing, GST treatment, payment provider, failed-payment consequences, and refund or credit rules have not been confirmed. They must not be represented as final in these Terms until approved.
[PLACEHOLDER — confirm whether Homeowners pay FAW; the Contractor fee model (including lead purchases, subscriptions, profile features, advertising, or other services); prices; GST treatment; payment timing and provider; chargeback and overdue-account handling; and whether an invalid-lead outcome results in a cash refund, credit, replacement lead, discretionary remedy, or no remedy.]
12. Complaints and disputes
Homeowners and Contractors should first try to resolve disputes about Work, pricing, payment for Work, timing, workmanship, warranties, or project outcomes directly with each other.
FAW may review complaints about platform conduct, such as false Contractor claims, Lead-data misuse, abusive communication, unwanted marketing, fake or duplicate Leads, misleading profile information, review misuse, or serious safety concerns. FAW may take platform action, including a warning, content removal, access restriction, suspension, termination, or cooperation with authorities where appropriate. FAW does not guarantee that it will resolve disputes between Homeowners and Contractors.
For public or complaint contact, email hello@findawaterproofer.co.nz.
[PLACEHOLDER — confirm the complaint process, evidence FAW may request, warning and suspension triggers, and whether serious safety, fraud, privacy, or legal concerns are escalated externally.]
13. Intellectual property and User Content
FAW owns or licenses the Website, platform design, branding, text, templates, workflows, software, logos, trade marks, and other FAW-owned Content. Users must not copy, reproduce, modify, scrape, sell, or exploit that Content or the Website's systems without permission.
By submitting Content, you confirm that you have the right to provide it. You give FAW a licence to use, store, display, reproduce, edit, and share that Content as reasonably necessary to operate, promote, and improve the platform. You must not submit Content that infringes another person's rights.
[PLACEHOLDER — founder evidence and policy review required for the scope of the User Content licence and any content-removal process.]
14. Privacy and retention
FAW handles personal information in accordance with its Privacy Policy. By using the Website, you acknowledge that FAW may collect, use, store, and share personal information as described in that policy.
[PLACEHOLDER — founder evidence and policy review must produce the vendor and data map for Supabase, Resend, Stripe, Vercel, analytics or advertising tools, storage, logging, backups, Drippo or other AI processing, and any other processor. Record data categories, purposes, access, hosting or processing locations, retention, and overseas disclosures. Set retention periods for enquiries and Leads, uploaded photos and documents, Contractor information, payment and accounting records, complaints and disputes, logs, analytics, backups, and Contractor-held Lead data. Confirm access, correction, deletion, export, privacy-complaint, breach-triage, notification, evidence-log, and escalation processes.]
15. Third-party services and Website availability
The Website may link to or use third-party websites, tools, Contractors, suppliers, payment providers, or resources. FAW is not responsible for third-party websites, services, content, privacy practices, or terms. Users should review the applicable third-party terms and privacy policies.
FAW may change, suspend, restrict, or discontinue part of the Website. FAW does not guarantee that the Website will always be available, uninterrupted, secure, or error-free.
[PLACEHOLDER — founder evidence and policy review must confirm the third-party services and payment provider used at launch, analytics, cookies, advertising pixels, heatmaps, session recordings, conversion tracking, and the related privacy, consent, opt-out, and overseas-processing disclosures.]
16. Disclaimers and liability
To the maximum extent permitted by law, FAW provides the Website on an “as is” and “as available” basis. FAW does not guarantee Contractor availability, suitability, workmanship, pricing, timelines, insurance, qualifications, compliance, Lead quality, conversion, revenue, or Work outcomes. Users are responsible for their decisions before entering into an agreement.
Nothing in these Terms limits or excludes rights, remedies, guarantees, or protections that cannot lawfully be limited or excluded under New Zealand law.
[PLACEHOLDER — founder evidence and policy review required for the disclaimers, Consumer Guarantees Act and Fair Trading Act interaction, standard-form contract fairness, and any appropriate liability cap. Complete appropriate New Zealand legal review after the founder evidence and policy decisions are complete.]
17. Suspension and termination
FAW may restrict, suspend, or terminate Website access if it reasonably believes that a User has breached these Terms, provided false or misleading information, misused personal information, failed to pay approved Contractor fees, abused another person, or created a legal, safety, privacy, reputational, or operational risk.
[PLACEHOLDER — confirm suspension, notice, appeal, and termination processes, including Contractor account and Lead-access consequences.]
18. Changes to these Terms
FAW may update these Terms from time to time. Updated Terms will apply from the date shown at the top of the Terms or any later date stated in the notice. Continued use after updated Terms are published means that the User accepts them.
[PLACEHOLDER — confirm the notice method and notice period for material changes.]
19. Governing law
These Terms are governed by the laws of New Zealand. Any dispute relating to these Terms or the Website will be dealt with in New Zealand unless the parties agree otherwise or the law requires another forum.
20. Contact
For questions or complaints about these Terms, contact FAW at:
- Email: hello@findawaterproofer.co.nz
- Phone: No public phone number has been provided.
- Address: [PLACEHOLDER — insert the legal operator's business or service address to publish.]
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Draft review record
This draft is incomplete and remains subject to founder evidence, policy decisions, business confirmation, and appropriate New Zealand legal review. It is not legal advice and must not be treated as approved legal terms.
[PLACEHOLDER — before implementation, record founder evidence for each operational claim, policy decisions, reviewer, review date, and approval status. Legal implementation requires express approval in docs/legal/LEGAL_IMPLEMENTATION_STATUS.md; this draft does not record that approval.]