Acceptance. Your access and use of the Services constitutes your agreement to be bound by these Service Terms, which establish a contractual relationship between you and us. If you do not agree to these Service Terms, you must not access or use the Services. These Service Terms expressly supersede prior agreements or arrangements with you.
Variation. We may amend these Service Terms (and any policies or additional terms related to the Services) at any time. Where we believe such changes will detrimentally impact you, we will try to provide you with at least ten days' written notice. Changes to these Service Terms will be effective upon publishing. Your continued access or use of the Services constitutes your consent to be bound by the amended Service Terms.
2. Terms. These terms of service (Service Terms) govern the access or use by you, an individual, from within New Zealand of applications, websites, content, products, and services (Services) made available by Nexdo Limited (NZBN:9429048776752) (“we” or “us”).
3. The Services
Services. We provide a digital platform (Platform) that enables end consumers to:
- arrange the delivery of services such as home cleaning services, pet care services, car wash services, salon services, massage services (Home Services) from selected third parties (Third Parties); and
- facilitate payments to Third Parties for the chosen services.
You acknowledge that we do not provide the home services and that all such delivery services are provided by Third Party contractors. We are responsible for the Platform. Third Parties are responsible for the services they provide to you.
4. Restrictions. You must not:
Alternative terms. You acknowledge that Third Parties, providers of electronic devices, and software developers may have their own terms, conditions, and policies (including privacy policies) that apply to you if you download, or use, the Platform. We do not endorse any Third Party and are not responsible, or liable, for the conduct of Third Parties.
Title. The Platform is our exclusive property. These Service Terms do not grant you any rights:
in the Platform; or
to use our name, logos, or trademarks.
5. Use of the Services
User account. To create an account on the Platform (Account), and to use the Services, you must be 18 years of age or older. You must be able to verify your age with a current passport or driver's license both when you place an order through the Platform and in order to receive the service from the service professional. You must provide the specific personal information requested by us and supply a valid form of payment (acceptable by us in our sole discretion). You agree to maintain accurate, complete, and current information in connection with your Account. If you do not maintain such information, or have an invalid payment method, you will not be able to access the Services. You are solely responsible for all activity associated with your Account. You must maintain the security of your Account at all times. You may only create one Account.
Account restrictions. You must not:
allow anyone else to access your Account;
allow persons under the age of 18 to receive deliveries from Third Parties; and
cause nuisance, annoyance, inconvenience, or property damage, to Third Parties.
You agree to comply with all applicable laws when accessing or using the Services and you may only access or use the Platform for lawful purposes.
1. Network access and devices.
Incurring charges. Your use of the Services may result in charges (including taxes) payable by you (Charges). We will display the Charges in our fee schedule which we may amend and adjust from to time. All Charges are due immediately and we will charge the preferred payment method designated in your Account. If your preferred payment method cannot be charged, we may charge an alternative payment method associated with your Account. All Charges are final and non-refundable unless we determine otherwise or as required by New Zealand law, such as the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 (NZ Consumer Law).
Change of address. If you have entered the incorrect delivery address in respect of an order, you must contact us immediately with the correct delivery address. We may increase or decrease the Charges to you if this occurs.
3. Limitation of liability; indemnity
Limitation subject to local consumer law. This clause 5 does not limit our liability or your rights under NZ Consumer Law.
Disclaimer. Except as under NZ Consumer Law, the Platform is provided on an "as is" and “as available” basis. We do not represent or warrant, state, or imply warranties of merchantability, fitness for a purpose of the Services or Platform. We do not, and cannot, guarantee the reliability, timeliness, quality, suitability, or availability of the Services or Platform. We do not guarantee the quality, suitability, safety, or ability of any Third Party. The risk of your using of the Platform, and the Services, remains with you to the maximum extent permitted under NZ Consumer Law.
No liability. We shall have no liability to you for indirect, special, exemplary, punitive, or consequential damages, including loss of profits, lost data, or property damage related to, in connection with, or otherwise resulting from any use of the Platform (including using the Services). We are not liable for any damages, liability, or losses arising out of:
your use of or reliance on the Platform or Services including your inability to access or use the Platform; or
any transaction or relationship between you and any Third Party. We are not liable for delay or failure in performance beyond our reasonable control. You acknowledge that third party transportation providers providing delivery services through the Platform may not be professionally licensed or permitted. In no event shall our total liability to you in connection with the Services for all damages, losses, and causes of action exceed $100.
4. Third-party liability. The Services may be used by you to request and schedule delivery services with Third Parties, but you agree that we have no responsibility or liability to you related to any delivery of the service.
5. Indemnity. You agree to indemnify us (including our officers, directors, employees, agents, or subcontractors) against all losses and expenses that we may suffer or incur due to your failure to observe your obligations under these Service Terms. This includes any claims made against us by any third party in respect of any expenses, loss, damage, death, or injury arising from the subject matter of these Service Terms.
When you can request a refund. While Third-Parties try to get the order bookings right, we understand that issues may arise. Accordingly, you may be entitled to a refund if:
the Third Parties does not deliver the correct order booking (the wrong service order arrive or service items are missing that you have paid for)
the amount you have been charged does not match the amount stated on the Platform;
the service booking arrives an unreasonably long time after your scheduled order booking time or arrive at an inappropriate condition not acceptable to perform the service requested; or
a Third Party has caused damage to your property.
6. How to apply for a refund. You can contact us, through the Platform, with any complaints or issues you have experienced. We will then assess the complaint or issue, and we may refund all or part of the Charges.
Termination. We may prevent you from accessing or using the Services, or any part of them, immediately, without notice, at any time.
Assignment. We may assign or transfer these Service Terms, at our sole discretion, without restriction. You may not assign or transfer your rights under these Service Terms in any circumstances.
Notices. Any notices or other communications permitted or required under these Service Terms, including those regarding modifications to these Service Terms, will be in writing and given by us via:
email (in each case to the address that you provide), and the date of receipt will be deemed the date on which such notice is sent; or
the Platform, and the date of receipt will be deemed the date on which such notice is posted.
8. Jurisdiction. These Service Terms will be governed by and construed under New Zealand law. You agree to submit to the exclusive jurisdiction of the courts of New Zealand concerning any claim or matter arising out of or in connection with these Service Terms.
9. Enforceability. If any provision or part-provision of these Service Terms is or becomes void, illegal or unenforceable, it will be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision will be severable and deemed to be deleted, and will not affect the validity, legality or enforceability of the remaining provisions.
Dated [18th November 2020]