Terms of Use
1. Acceptance of Terms
By accessing or using KiwiGigs.co.nz (the “Website”), you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, you must not use the Website.
2. Modification of Terms
We reserve the right to change or update these Terms at any time without prior notice. Your continued use of the Website following any changes will constitute your acceptance of the revised Terms.
3. Eligibility
By using the Website, you confirm that you have the legal capacity to enter into these Terms under New Zealand law.
4. Services Provided
The Website serves as a platform for users to post and respond to listings, including expert services and customer requests. KiwiGigs.co.nz does not directly provide the services listed but acts as an intermediary between users.
5. User Accounts
- Registration: To post listings or make requests, you must create an account and provide accurate, up-to-date information.
- Account Security: You are responsible for maintaining the confidentiality of your login information. Any activity under your account is your responsibility.
- Termination: We reserve the right to suspend or terminate your account if you violate these Terms.
6. Listings and Requests
- Accuracy of Listings: Users who post expert listings must provide accurate and complete information regarding the services they offer.
- User Responsibility: Users who post job requests or respond to listings are solely responsible for the negotiation, payment, and provision of services. We are not responsible for any disputes or damages arising from these transactions.
7. Payments
- Refunds: Any disputes regarding payments must be resolved between the user and the expert. Refund policies are subject to the individual agreement between parties, unless otherwise stated on the platform.
8. Fees and Commissions
- Platform Fees: We will charge a non-refundable service platform fee or commission for facilitating transactions on the platform. This fee is to support the platform’s operation, hosting and support tasks.
- Taxes: Users are responsible for complying with all applicable taxes (e.g. GST) under New Zealand law.
9. Dispute Resolution
- User Disputes: Any disputes between users (e.g., between experts and requesters) must be resolved directly between the parties. We encourage users to communicate and attempt to resolve any issues amicably.
- Platform Mediation: We may, at our sole discretion, offer mediation services for disputes, but we are not obligated to intervene.
- New Zealand Law: These Terms and any disputes arising from or in connection with these Terms shall be governed by the laws of New Zealand.
10. Intellectual Property
- Ownership: The Website and all content provided on the Website (excluding user-generated content) are the intellectual property of KiwiGigs.co.nz
- User-Generated Content: Users retain ownership of any content they post on the Website. By posting content, users grant us a worldwide, royalty-free, non-exclusive license to use, display, and distribute their content in connection with the Website.
11. Privacy Policy
Your use of the Website is governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information in compliance with New Zealand’s Privacy Act 2020. By using the Website, you consent to the collection and use of your personal data in accordance with the Privacy Policy.
12. Prohibited Activities
You agree not to engage in any of the following prohibited activities:
- Posting false or misleading information in listings or requests.
- Engaging in fraudulent transactions or schemes.
- Attempting to hack or disrupt the platform’s operation.
- Harassing or abusing other users.
- Sharing contact details of either party with the intent to circumvent the KiwiGigs.co.nz platform and its associated fees.
- Violating any laws, including those specific to New Zealand.
13. Limitation of Liability
To the extent permitted by New Zealand law, KiwiGigs.co.nz shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use of the Website. Our total liability to any user for any claim arising out of or related to these Terms shall not exceed the amount of fees paid by the user to the platform in the 12 months preceding the claim.
14. Indemnification
You agree to indemnify and hold KiwiGigs.co.nz harmless from any claims, liabilities, damages, or expenses arising out of your use of the Website or your violation of these Terms.
15. Termination
We reserve the right to suspend or terminate your account or access to the Website at any time, with or without cause, and without notice, if you breach any of these Terms or engage in any illegal activity.
16. Governing Law
These Terms shall be governed by and construed in accordance with the laws of New Zealand, and any disputes arising from these Terms shall be resolved in the courts of New Zealand.
17. Miscellaneous
- Severability: If any part of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.
- Entire Agreement: These Terms constitute the entire agreement between you and KiwiGigs.co.nz regarding your use of the Website.
- Waiver: Failure by us to enforce any part of these Terms shall not be considered a waiver of our rights.
Contact Information
If you have any questions or concerns about these Terms, please contact us via the Contact page as provided on the KiwiGigs.co.nz website.