Terms and conditions
- By using the services of RedFish GROUP [PTY] LTD (hereafter called RedFish) and this Website you accept the terms, conditions and disclaimers contained herein. If you do not accept the Terms and Conditions you must immediately exit the Website and terminate using the Services offered by RedFish.
- It is a suspensive condition that your continued use of the Website and Services is subject to your acceptance of all the Terms and Conditions. Your continued use of the Website and Services is an express, alternatively implied and in the further alternative, tacit acceptance of all the Terms and Conditions
- RedFish reserves the right to change, update or amend the Terms and Conditions at any time for any reason whatsoever, without any prior notice and your continued use of the Website and Services following any changes shall be deemed to be your acceptance of such change. It remains your sole responsibility to check the Terms and Conditions regularly for any changes.
2. AIM, PURPOSE AND OBJECTIVES OF WEBSITE AND SERVICES
- RedFish operates and maintains a lead generating platform connecting customers with specific needs in the construction, renovation, building and/or any other industry with the suppliers of such services. It offers a service of connecting customers with suppliers and therefore has only a facilitating role creating a feedback platform for customers.
- The aim is to create a consumer voice, free of charge to the public, funded by tradesmen, where the customer is introduced to a tradesman and the parties (independently from RedFish) enter into a separate agreement for the supply of services to the customer. The customer has the right to publish on this website a reference / feedback and/or comment in respect of the services rendered, so that each tradesman over time will have a portfolio of references / feedback / comments to assist other customers to decide what tradesman they want to use for similar services.
- RedFish aims to
- Create a consumer voice platform that will promote and improve the reliability, accountability and credibility of tradesmen through publishing critical feedback on their work.
- Promote fair trade, quality service, workmanship and best practice among tradesmen.
- Promote tradesmen to the public, classifying them by creating a database with feedback from customers.
- Redfish is not an agent or representative of a tradesman and/or supplier and makes no representations on behalf of such tradesman or supplier”.
3. HOW IT WORKS
- The customer must complete a request for a quote on the Website by specifying the work to be done and the specific needs in great detail. This is referred to as “a lead.”
- Tradesmen wishing to respond to requests for quotes pay according to their RedFish.co.za membership model. With the profile activation the tradesman agrees to pay any invoice within 7 days after receiving the invoice.
- Tradesman will only have access to the customer’s details when the quote has been accepted by the customer.
- If the customer accepts the quote a separate agreement will come into place between the customer and the tradesman on the terms and conditions as they agree. RedFish has nothing to do with the obligations of the customer and the tradesman in respect of the independent agreement between them.
- RedFish does not provide any quotes – it only connects a demand / need by a customer with a supply by a tradesman.
- Customers are matched to tradesmen who operate in their geographical area, and which match the criteria entered on the Website. The ultimate decision on what tradesmen the customer wants to use is vested in the customer. He/she will have access to all information/references published on the website of all tradesmen published on the Website to assist the customer in his/her ultimate choice.
- Both parties accept the need that tradesmen will contact customers by telephone/email and/or meet with them in person in order to quote.
- The customer does not have to pay to use the services provided by RedFish.
- Once the work is completed, the customer may post an opinion in form of a reference / feedback / rating and / or comment, pictures or video, sound or textual or any other form of his / her experience of the workmanship, the tradesman and the work in question completed on this Website.
- Over time RedFish will have a database with tradesmen who agree to full disclosure of customer feedback [positive and/or negative] as RedFish supplies this service to its users and the public by collecting feedback / recommendations from customers. The results are published on this Website.
4. REFERENCES / FEEDBACK / COMMENTS
- When a tradesman engages in work for a customer, the customer has the right to express an opinion / feedback / comment on the services performed. This is referred to as “a reference.”
- A customer is entitled to add a reference to the profile of the tradesman whom rendered services. The customer warrants that the information in a reference is provided in good faith and is accurate. A reference by a customer may not be personal, defamatory, vulgar, obscene and/or racist. The customer must give a clear, conscience chronologic set out of the progress of the job performed by the tradesman and/or a general impression. This is to ensure maximum transparency for future customers.
- Tradesmen agree to submit themselves to a forum / platform for references by customers with the aim of positive feedback where references by satisfied customers will create more leads / referrals when registering with RedFish.
- Tradesmen also accept the risk of negative references from customers.
- A tradesman has the right to post a short response to any reference by a customer.
- The reference may only be posted at completion of the work by the tradesman and after the customer paid for the services in full. If a dispute arises before the work is completed, the reference posted will be limited to “Customer involved in pending dispute with tradesman.” It is not permitted to post a reference before the work is fully completed and paid.
- References are composed of a positive, negative or neutral rating and a short comment or expression of the customers opinion as per paragraph 3.9. RedFish reserves the right to edit same in its sole and exclusive discretion, [without having any obligation to do so and/or accepting any liability whatsoever for not editing same].
- RedFish is entitled [but not obliged] at all times to remove a reference from the Website. In the following cases RedFish may consider to remove a reference:
- In terms of a court order.
- If the reference contains libellous, discriminating, vulgar, obscene or racist language and / or personal data or links to other websites / pages or scripts.
- If, in the sole discretion of RedFish, there is an abuse of the Website and services.
- Use of the Website and Services is at own risk.
- The Website and Services are provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without any warranty whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
- By using this Website and Services you accept that you may be subjected to claims by other parties in so far as you exploit the platform created by RedFish and/or breach the Terms and Conditions.
- Nothing contained in any reference is and will be construed as an opinion and/or comment by RedFish (or any of its agents, representatives, advertisers or employees).
- By using this Website and Services you indemnify and hold RedFish and its employees and agents harmless from and against any breach of these Terms and Conditions and any claim or demand brought against RedFish by any other party arising out of your use of the Website and Services and/or any comment submitted, posted or transmitted through the Website and Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by RedFish in consequence of your breach of these Terms and Conditions.
- Whilst every effort is made to verify statements and information submitted by customers and tradesmen, the information published on the Website is based on information supplied by various individuals and businesses and RedFish cannot be held responsible for any omissions or inaccurate claims or or statements may appear.
- RedFish does not give any warranty or guarantee and makes no representations about the quality, timing, integrity, responsibility, legality or any other aspect whatsoever of the materials or services offered or delivered by tradesmen to customers.
- RedFish (and their associated partners) are unable to guarantee and does not accept any liability for the workmanship of the tradesmen. Failure to deliver satisfactory services by tradesmen may however result in lesser referrals and ultimately their permanent removal from the RedFish database with subsequent loss of income, without any liability whatsoever being incurred by RedFish. RedFish reserves the right to remove tradesmen from the database at its own discretion at any time without any liability whatsoever being incurred by RedFish
- RedFish gives no warranty and makes no representations the Website and Services will meet your requirements, that the Content will be accurate or reliable, that the functionality of the Website and Services will be uninterrupted or error free, that defects will be corrected or that the Website and Services or the server that makes them available are free of viruses or anything else that may be harmful or destructive.
- RedFish cannot be held responsible for any direct or indirect consequence of any of the actions or omissions of the tradesmen. It is the sole responsibility of the customer to check the references, confirm credentials and qualifications of any tradesman they choose to hire.
- RedFish cannot be held responsible by the tradesman if due to negative references from customers they experience a loss of business and/or damages as a result.
- RedFish has no control over the quality, safety or legality of the contracts and/or work, the accuracy of the listings, the ability of the tradesmen to do the work and/or their competence and RedFish is indemnified against any claim by third parties relating to such matters.
- RedFish is not responsible, makes no representations and cannot be held liable for the contents and legality of the agreements between customers and tradesman and/or suppliers.
- No third party who refers a customer and/or tradesman and/or supplier to RedFish can be held liable by a customer and/or tradesman and/or supplier in respect of such referral, the referring party making no representations whatsoever.
- All personal data provided by customers during the process of submitting a quote request is strictly confidential.
- Personal data provided by customers is used exclusively for processing quote requests and will only be sent to the maximum tradesmen the customer has requested.
- None of the personal data provided by customers will be published on the Internet or communicated to third parties without their prior consent.
- The customer agrees that their reference may be posted on the Website.
7. INTELLECTUAL PROPERTY RIGHTS
- This Website, the Website design, graphics, text and all software and source codes connected with the Website and the Services are subject to copyright, trademarks, patents and other intellectual property rights.
- The customers and tradesmen agree that they will access the contents solely for your personal, non-commercial use.
8. LINKS TO OTHER SITES
- The Website contains references (e.g. through a hyperlink, banner or button) to websites of third parties.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.