T&Cs

TagWise Terms and Conditions

1. Introduction and Acceptance

These Terms and Conditions (“Terms”) govern your access to and use of the TagWise platform, website, and related services (collectively, the “Service”), operated by TagWise (“TagWise”, “we”, “us”, or “our”).

TagWise provides an online prequalification and safety assessment platform for the New Zealand construction industry, with an assessment framework informed by AS/NZS 3760 and applicable New Zealand workplace health and safety legislation.

By creating an account, subscribing to, or otherwise using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of a business or other entity, you confirm that you have the authority to bind that entity, and “you” refers to both you and that entity. If you do not agree to these Terms, you must not use the Service.

2. Definitions

  • “Account” means the registered TagWise account held by a business or contractor.
  • “Assessment” means the prequalification review and rating produced by the Service based on Submitted Content.
  • “Submitted Content” means any document, certification, record, or other material you upload or submit to the Service, including safety and compliance documentation.
  • “Subscription” means a paid, recurring plan giving you access to the Service.
  • “Client” means a party that relies on or requests a TagWise Assessment of a subscribing business.

3. Account Registration and Eligibility

To use the Service, a business or contractor must register for an Account. You must:

  • be a business, contractor, or authorised representative operating in the construction industry or a related trade;
  • provide accurate, current, and complete registration information;
  • keep your login credentials confidential and be responsible for all activity under your Account;
  • notify us promptly of any unauthorised use of your Account.

TagWise may refuse registration or suspend an Account at its discretion, including where information provided is false, misleading, or incomplete.

4. Subscriptions, Billing, and Cancellation

Access to the Service is provided on a recurring paid Subscription basis. By subscribing, you authorise TagWise (or its payment processor) to charge your nominated payment method on each renewal date until you cancel.

  • Pricing: current Subscription fees are as displayed at checkout or in your Account and are subject to change with at least 30 days’ notice before your next renewal.
  • Renewal: Subscriptions renew automatically for successive terms equal to your selected billing period unless cancelled before the renewal date.
  • Cancellation: you may cancel at any time through your Account settings or by contacting us; cancellation takes effect at the end of the current billing period, and you retain access until then.
  • Refunds: fees are non-refundable except where required by the Consumer Guarantees Act 1993 or other applicable New Zealand law, or as otherwise stated at the time of purchase.
  • Failed payments: if a payment fails, we may suspend your Account until payment is successfully processed.

5. Submitted Content

You retain ownership of all Submitted Content, including uploaded certifications, compliance documents, and safety records.

By submitting content, you grant TagWise a non-exclusive, worldwide licence to store, process, display, and use that content solely to provide the Service, including generating Assessments and making relevant results available to Clients you choose to share them with.

You are solely responsible for the accuracy, currency, and validity of all Submitted Content. You must promptly update any document that expires, is superseded, or becomes inaccurate. Submitting false, expired, or misleading documentation may result in Assessment reversal, Account suspension, or termination.

6. Nature of Assessments

TagWise Assessments are a prequalification tool that reviews and scores Submitted Content against our assessment framework. Assessments:

  • are based solely on the content you submit and are only as accurate and current as that content;
  • do not constitute legal, engineering, or health and safety advice;
  • do not guarantee compliance with AS/NZS 3760, the Health and Safety at Work Act 2015, or any other legislation, standard, or regulation;
  • do not constitute a certification, endorsement, or warranty by TagWise, WorkSafe New Zealand, Standards New Zealand, or any other body;
  • are a point-in-time assessment and may not reflect changes in your operations, personnel, or compliance status after the Assessment date.

Clients and other third parties who rely on an Assessment do so at their own risk and remain responsible for conducting their own due diligence.

TagWise endorsements reflect the Submitted Content available and applicable requirements as they stood at the time of Assessment only. An endorsement is not a guarantee, warranty, or representation that the assessed business will continue to meet those requirements at any point after the Assessment date. TagWise accepts no liability for any loss or damage arising from a business’s failure to maintain the standards on which an endorsement was based, whether or not TagWise was aware of that failure.

TagWise may review, suspend, downgrade, or revoke an endorsement at any time, including where we become aware that Submitted Content was inaccurate, that certifications have expired or been revoked, or that the business otherwise no longer meets the requirements on which the endorsement was based. We may, but are not obliged to, notify Clients of a change in endorsement status.

7. Acceptable Use

You must not:

  • submit false, forged, altered, or misleading documentation or certifications;
  • attempt to manipulate, reverse-engineer, or circumvent the assessment framework or scoring logic;
  • access or attempt to access another Account or another business’s Submitted Content without authorisation;
  • use the Service to infringe any third party’s rights, or in a way that breaches New Zealand law;
  • interfere with or disrupt the Service’s operation, including through unauthorised automated access (scraping, bots) or attempts to breach security.

We may investigate suspected breaches and take action including warnings, suspension, or termination of your Account.

8. Intellectual Property

The Service, including its software, assessment framework, scoring methodology, design, and content (excluding your Submitted Content), is owned by or licensed to TagWise and is protected by copyright, trade mark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable licence to access and use the Service for your internal business purposes in accordance with these Terms. You must not copy, modify, distribute, sell, or lease any part of the Service, or reverse-engineer or attempt to extract the source code, except as permitted by law.

9. Confidentiality

Each party may have access to confidential information of the other in connection with the Service, including business, financial, and technical information not generally available to the public. Each party will use the other’s confidential information only for the purposes of these Terms and take reasonable steps to prevent its unauthorised disclosure. This clause does not apply to information that is or becomes publicly available other than through a breach of these Terms, or that is independently developed or lawfully obtained from a third party.

10. Privacy

We collect and handle personal information, including information within Submitted Content (such as certifications naming individuals), in accordance with the Privacy Act 2020 (NZ) and our Privacy Policy, which forms part of these Terms. Our Privacy Policy explains what information we collect, how it is used, stored, and shared with Clients, and how you can access or correct it. [Link to Privacy Policy]

11. Data Transmission and Security

We take reasonable steps to protect Submitted Content and other information transmitted through the Service, but no method of transmission or storage over the internet is completely secure. You transmit and store information through the Service at your own risk, and we do not warrant that the Service will be free from unauthorised access, interception, or loss. You must keep your login credentials confidential and notify us promptly of any suspected unauthorised access to your Account.

12. Disclaimers and Limitation of Liability

Where you acquire the Service for the purposes of a business, the parties agree the Consumer Guarantees Act 1993 does not apply, to the extent permitted by law.

The Service is provided “as is” and “as available”. To the maximum extent permitted by law, TagWise disclaims all warranties, express or implied, including warranties of accuracy, reliability, availability, and fitness for a particular purpose.

To the maximum extent permitted by law, TagWise’s total aggregate liability arising out of or relating to the Service or these Terms will not exceed the total Subscription fees paid by you in the 12 months preceding the event giving rise to the claim. TagWise will not be liable for any indirect, consequential, or special loss, including loss of profits, contracts, or business opportunities, including any loss arising from a third party’s reliance on an Assessment.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under New Zealand law.

13. Indemnification

You agree to indemnify and hold TagWise, its officers, employees, and contractors harmless from and against any claims, losses, liabilities, damages, and costs (including reasonable legal fees) arising out of or in connection with:

  • your breach of these Terms;
  • any Submitted Content that is false, fraudulent, or misleading;
  • your use of the Service in violation of any law or third-party right; or
  • reliance by a Client or other third party on an Assessment where the underlying Submitted Content was inaccurate or out of date.

14. Suspension and Termination

We may suspend or terminate your Account, with or without notice, if you breach these Terms, submit fraudulent or materially inaccurate documentation, fail to pay Subscription fees, or where required to comply with law.

You may terminate your Account at any time in accordance with the cancellation process in section 4. On termination, your right to access the Service ends; sections of these Terms that by their nature should survive (including Intellectual Property, Disclaimers and Limitation of Liability, and Governing Law) will continue to apply.

15. Force Majeure

Neither party will be liable for any failure or delay in performing its obligations under these Terms to the extent caused by circumstances beyond its reasonable control, including natural disasters, power or internet outages, industrial action, or government restrictions. If a Force Majeure event continues for more than 30 days, either party may terminate the affected Subscription on written notice.

16. Changes to These Terms and the Service

We may update these Terms from time to time. Material changes will be notified by email or in-Account notice at least 14 days before they take effect; continued use of the Service after that date constitutes acceptance. We may also modify, suspend, or discontinue any part of the Service, including features of the assessment framework, at our discretion, with reasonable notice where practicable.

17. Assignment

You must not assign, transfer, or subcontract any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer these Terms, in whole or in part, without your consent, including in connection with a merger, acquisition, or sale of assets.

18. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.

19. Governing Law and Disputes

These Terms are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the courts of New Zealand. Before commencing formal proceedings, the parties will use reasonable endeavours to resolve any dispute through good-faith negotiation.

20. Contact

Questions about these Terms can be directed to:

  • Email: [support@tagwise.co.nz]