Terms & Conditions

1. Acceptance of Terms

1.1 Eligibility

You must be a natural person or a legally constituted business entity to use the Service. If you are under 18 years of age, you must have parental or guardian consent to use the Service. By using the Service, you represent and warrant that you have the legal capacity to enter into this Agreement.

1.2 Modifications to Terms

We reserve the right to modify these Terms and Conditions at any time. Changes will be effective immediately upon posting to https://marketbase.nz/terms. We will notify registered users of material changes via email where we have permission to contact you. Your continued use of the Service following any modifications constitutes acceptance of the updated terms.

2. Service Description

2.1 Overview

MarketBase provides digital marketing analysis and competitive intelligence services for businesses operating in New Zealand. The Service includes market analysis, performance scoring, competitive comparisons, and recommendations based on publicly available data.

2.2 Public and Authenticated Features

Certain features of the Service are publicly accessible without registration. Access to extended features, including detailed recommendations, claimed business management, and market analysis tools, requires a registered account and active subscription.

2.3 Data Sources

All data provided through the Service is compiled from publicly available sources using proprietary technology. We make no guarantees as to the accuracy, completeness, or usefulness of the data published. Whilst every effort has been made to ensure accurate representations of claims, users should independently verify information before making business decisions.

3. Account Registration and Security

3.1 Account Creation

To access authenticated features, you must create an account by providing accurate and complete information including your name, email address, password, phone number, and associated business details. You agree to maintain and promptly update this information to keep it current.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorised use of your account or any other security breach.

3.3 Account Restrictions

Each user may maintain only one account. Creating multiple accounts to circumvent subscription limitations is strictly prohibited and will result in immediate termination of all associated accounts.

4. Subscription and Payment Terms

4.1 Free Trial

New users are eligible for a seven (7) day free trial period. The trial provides access to subscription features as specified in your selected plan. Following the trial period, your selected subscription will commence automatically unless cancelled.

4.2 Subscription Tiers

Various subscription tiers are available, differing in the number of claimed businesses and market access provided. The simplest subscription includes one claimed business in one market, with higher tiers offering expanded access.

4.3 Payment Processing

All payments are processed through Paddle, our third-party payment processor and Merchant of Record. We do not store sensitive billing information on our servers. Payment is accepted via credit and debit cards. For complete merchant of record details, see Section 4.6 below.

4.4 Billing Cycle

Subscriptions are billed on a recurring basis according to your selected plan (monthly or annual). You authorise us to charge your payment method automatically at each renewal period.

4.5 Cancellation and Pausing

You may cancel or pause your subscription at any time without notice requirement. Cancellation takes effect at the end of the current billing period. Paused subscriptions maintain your account data but suspend access to authenticated features.

4.6 Merchant of Record

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service enquiries and handles returns.

5. Refund Policy

5.1 Money-Back Guarantee

We offer a 30-day money-back guarantee for all subscription purchases. If you are not completely satisfied with MarketBase, you may request a full refund within thirty (30) days of your initial purchase or subscription renewal.

5.2 Eligibility for Refunds

To be eligible for a refund, your request must be made within 30 days of the transaction date. Refunds are available for:

• Initial subscription purchases
• Subscription renewals (monthly or annual)
• Upgrade charges to higher-tier plans

Refunds are not available for:

• Requests made more than 30 days after the transaction
• Free trial periods (no charge occurs during trials)
• Subscriptions cancelled before renewal (no refund needed as no charge occurs)
• Do It For Me services after work has commenced

5.3 How to Request a Refund

To request a refund, please contact our support team at [email protected] with the following information:

• Your account email address
• Transaction date and amount
• Brief reason for the refund request

Alternatively, you may contact Paddle directly at paddle.net for billing enquiries and refund requests.

5.4 Refund Processing

Once your refund request is received and approved:

• You will receive confirmation via email within two (2) business days
• Refunds are processed within five (5) business days of approval
• Funds will be returned to your original payment method
• Depending on your financial institution, it may take an additional 5-10 business days for the refund to appear in your account

5.5 Account Status After Refund

Following a successful refund:

• Your subscription will be immediately cancelled
• Access to paid features will be removed
• Your account data will be retained for ninety (90) days should you wish to reactivate
• You may subscribe again at any time, and the money-back guarantee will apply to new purchases

5.6 Exceptional Circumstances

Refund requests outside the 30-day window or for unusual circumstances will be reviewed on a case-by-case basis at our sole discretion. We reserve the right to approve or decline such requests based on the specific situation.

5.7 Contact for Refund Enquiries

For any questions regarding our refund policy, please contact:

• MarketBase Support: [email protected]
• Paddle Billing Support: paddle.net

6. Do It For Me Services

6.1 Service Description

The "Do It For Me" service, currently in development, connects users with our sales staff to complete specific marketing tasks. This service is provided on a quote-by-quote basis with separate one-off charges.

6.2 Service Agreement

Each Do It For Me service request constitutes a separate agreement with specific terms communicated during the quotation process. Payment for these services is separate from subscription fees.

6.3 Third-Party Access

Some extended services may require access to your third-party accounts on a case-by-case basis. Any such access will be requested explicitly and used solely for the agreed service provision.

7. Intellectual Property Rights

7.1 MarketBase Property

All reports, recommendations, insights, algorithms, software, designs, text, graphics, and other materials provided through the Service are the exclusive property of marketbase.nz and are protected by intellectual property laws.

7.2 Limited Use Licence

We grant you a limited, non-exclusive, non-transferable licence to use reports and insights provided through your account solely for the purpose of improving your business reputation and visibility. This licence is contingent upon your compliance with this Agreement.

7.3 Restrictions on Use

You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any materials from the Service, except for your internal business use as expressly permitted by this Agreement.

8. Prohibited Uses

You agree not to engage in any of the following prohibited activities:

8.1 Technical Violations

• Using automated scripts, bots, scrapers, or similar tools to access the Service
• Attempting to reverse engineer, decompile, or discover any algorithms or source code
• Circumventing any security features or access restrictions
• Interfering with or disrupting the Service or servers

8.2 Commercial Violations

• Reselling, sublicensing, or providing access to your account to third parties
• Using the Service to provide competitive intelligence services to others
• Widely distributing or publishing reports outside of good faith business improvement purposes
• Creating multiple accounts to circumvent subscription limitations

8.3 Harmful Conduct

• Using the Service to harass, harm, or unfairly disadvantage competitors
• Uploading or transmitting viruses or malicious code
• Using the Service for any unlawful purpose or in violation of any laws
• Misrepresenting your identity or affiliation with any person or entity

9. Privacy and Data Protection

9.1 Data Collection

We collect and process personal information as necessary to provide the Service, including account information and usage data. Our data practices are governed by our Privacy Policy, available at https://marketbase.nz/privacy.

9.2 Public Information

The Service displays publicly available business information discovered from web sources. We do not collect or share private business data in our core operations.

9.3 Confidential Information

Any private data shared to facilitate Do It For Me services is kept in the strictest confidence and used solely for service provision.

9.4 Data Retention

We retain account information as needed to provide services and for a maximum of two (2) years following service cancellation.

10. Disclaimers and Limitations of Liability

10.1 Service Availability

Whilst we guarantee 95% uptime, the Service is provided "as is" and "as available". We do not warrant uninterrupted or error-free operation.

10.2 No Warranties

We make no warranties or representations about the accuracy, reliability, completeness, or timeliness of any content provided through the Service. All information should be independently verified before making business decisions.

10.3 No Guarantee of Results

We do not guarantee any specific outcomes, improvements in rankings, increased business, or other results from using the Service or following recommendations.

10.4 Limitation of Liability

To the maximum extent permitted by law, marketbase.nz shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses resulting from your use of the Service.

10.5 Maximum Liability

Our total liability to you for all claims arising from or relating to this Agreement or the Service shall not exceed the amount you have paid to us in the twelve (12) months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless marketbase.nz, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your access to or use of the Service, your violation of this Agreement, or your infringement of any third-party rights.

12. Termination

12.1 Termination by User

You may terminate this Agreement at any time by cancelling your subscription and ceasing use of the Service.

12.2 Termination by MarketBase

We reserve the right to suspend or terminate your account and access to the Service immediately, without prior notice, if:

• You breach any provision of this Agreement
• You fail to pay any fees when due
• You engage in conduct that we determine, in our sole discretion, to be harmful to the Service, other users, or our business interests
• You distribute or publish reports outside of permitted uses

12.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. All provisions of this Agreement that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Governing Law and Dispute Resolution

13.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions.

13.2 Jurisdiction

Any disputes arising from or relating to this Agreement or the Service shall be resolved exclusively in the courts of New Zealand. You consent to the personal jurisdiction of and venue in such courts.

13.3 Dispute Resolution Process

Before initiating legal proceedings, parties agree to attempt good faith resolution of disputes through direct communication. If resolution cannot be achieved within thirty (30) days, either party may proceed with formal legal action.

14. General Provisions

14.1 Entire Agreement

This Agreement constitutes the entire agreement between you and marketbase.nz regarding the Service and supersedes all prior agreements and understandings.

14.2 Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

14.3 Waiver

No waiver of any term or condition of this Agreement shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

14.4 Assignment

You may not assign or transfer your rights under this Agreement without our prior written consent. We may assign our rights under this Agreement without restriction.

14.5 Force Majeure

Neither party shall be liable for any failure or delay in performance under this Agreement arising from circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, or telecommunications failures.

14.6 Notices

All notices under this Agreement shall be in writing and deemed given when delivered personally, sent by confirmed email, or sent by certified or registered post to the addresses provided during registration or to marketbase.nz's registered business address.

15. Complaint Resolution Policy

15.1 Commitment to Customer Satisfaction

We are committed to providing excellent service and addressing any concerns you may have promptly and fairly. If you are dissatisfied with any aspect of the Service, we encourage you to contact us so we can work towards a resolution.

15.2 How to Submit a Complaint

Complaints can be submitted through the following channels:

• Email: [email protected]
• Phone: 0800 747 901
• Written correspondence to our registered address (see Section 16 below)

To help us investigate and resolve your complaint efficiently, please provide:

• Your account email address
• A clear description of the issue or concern
• Relevant dates, transaction details, or supporting documentation
• Your preferred resolution or outcome
• The best method and time to contact you

15.3 Response Timeframes

We are committed to addressing complaints within the following timeframes:

• Initial Acknowledgement: Within one (1) business day of receiving your complaint, we will acknowledge receipt and provide a reference number for tracking
• Standard Resolution: Within five (5) business days, we will investigate your complaint and provide a substantive response with our findings and proposed resolution
• Complex Complaints: For matters requiring detailed investigation or third-party consultation, we will provide a full response within ten (10) business days. We will keep you updated on progress at least every three (3) business days
• Urgent Matters: Complaints affecting service access or billing will be prioritised and addressed within two (2) business days

Note: Business days are Monday to Friday, excluding New Zealand public holidays.

15.4 Resolution Process

Upon receiving your complaint, we will:

• Acknowledge receipt and assign a reference number
• Review the matter thoroughly, including account history and relevant documentation
• Contact you if we need additional information
• Investigate the issue with relevant team members
• Provide a clear explanation of our findings
• Offer an appropriate resolution, which may include service credits, refunds, feature adjustments, or other remedies
• Follow up to ensure the resolution meets your expectations

15.5 Escalation

If you are not satisfied with our initial response, you may request escalation to senior management by:

• Replying to your complaint acknowledgement email with "ESCALATION REQUEST"
• Calling our support line and requesting escalation
• Emailing [email protected] with your complaint reference number

Escalated complaints will be reviewed by senior management and responded to within five (5) business days of escalation.

15.6 External Dispute Resolution

If we are unable to resolve your complaint to your satisfaction through our internal process, you have the following external dispute resolution options:

For Billing and Payment Disputes:

• Contact Paddle.com directly at paddle.net or via their support channels. As our Merchant of Record, Paddle handles all payment processing and can investigate billing disputes independently.

For General Consumer Disputes:

• Commerce Commission New Zealand: The Commerce Commission enforces consumer protection laws in New Zealand. Contact: 0800 943 600 or visit www.comcom.govt.nz
• Disputes Tribunal: For claims under NZ$30,000, you may file a claim with the Disputes Tribunal. This is a low-cost dispute resolution service. Visit www.justice.govt.nz/courts/disputes-tribunal
• Consumer Protection: Information about your consumer rights under the Fair Trading Act 1986 and Consumer Guarantees Act 1993 is available at www.consumerprotection.govt.nz

15.7 Record Keeping and Privacy

We maintain records of all complaints and their resolutions for compliance and service improvement purposes. All complaint information is handled in accordance with our Privacy Policy and relevant New Zealand privacy legislation. Complaint records are retained for a minimum of seven (7) years and are treated as confidential.

15.8 Continuous Improvement

We review complaint trends regularly to identify opportunities for service improvement. Your feedback helps us enhance the MarketBase experience for all users.

16. Contact Information

For questions about these Terms and Conditions or the Service, please contact us at:

Gray & Shinn Limited

Trading as: MarketBase

NZBN: 9429030242975

Email: [email protected]

C/O Gray & Shinn Limited
2/83 Victoria Street
Christchurch Central City
Christchurch 8011

Phone: 0800 747 901

By using the MarketBase Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

Last Updated: 6th August 2025

Version: 1.0