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Terms and Conditions

Job Hop Limited

Terms of Use

 

1. Acceptance 

By using the App or the Website, you accept these terms of use (Terms). 

 

2. Definitions

In these Terms:

App means the mobile-friendly web-based application through which Job Hop makes the Service available;

Confidential Information means information exchanged between you and Job Hop but does not include information that is publicly available other than through unauthorised disclosure;

Data means data input by you into the App or the Website;

Fees means all amounts payable by a Job Provider or Job Hopper for the Service, the current amounts being published on the Website;

IP Rights means patents, trade and service marks, copyright, moral rights, design rights, know-how and all other forms of intellectual property;

Job means work offered by a Job Provider for acceptance by a Job Hopper; 

Job Hop means Job Hop Limited; 

Job Hopper means a sole trader who accepts and performs a Job for a Job Provider;

Job Provider means a person who advertises a Job for acceptance and performance by a Job Hopper;

Service means the service provided by Job Hop on the App and the Website, which connects Job Providers and Job Hoppers through Job Providers advertising Jobs that can be accepted by Job Hoppers;

Website means Job Hop’s website at www.jobhop.co.nz;

You means any Job Provider or Job Hopper (or both) and your has a corresponding meaning.

 

3. Use of Website and Service

3.1 Job Hop grants you the non-exclusive right to use the App, the Website and the Service on these Terms. 

3.2 You are responsible for:

(a) determining that the Service is suitable for your purposes;

(b) providing all information requested by Job Hop so that it can provide the Service; and

(c) complying with Job Hop’s health and safety policy and any other policies posted on the App or the Website; and

(d) complying with all laws governing your use of the Service and Job Hop’s ability to provide the Service.

3.3 The  Job Provider is responsible for recording in the App the time spent by a Job Hopper on each Job.

 

4. Access to the Service

4.1 Job Hop is not liable for any misuse of your login or password.  You are responsible for the risk of all transactions performed through your account.  

4.2 When using the Service, you must not:

(a) undermine the security of Job Hop's systems or networks or, where the Service is hosted by a third party, that party's computing systems and networks;

(b) impair the functionality of the Service or the App or the Website, or other systems used to deliver the Service or impair any other person’s use of the Service, App or Website;

(c) gain unauthorised access to any materials other than those to which you have been given express permission to access or to the system on which the Service is hosted;

(d) transmit, or input into the App or Website any files that may damage any other person's computing devices or software, content that may be offensive, or material or Data in breach of any law; or

(e) modify, copy, adapt, disassemble, decompile or reverse engineer any computer programs used to deliver the Service or to operate the App or Website.

 

5. Fees, payments, and automatic renewals

5.1 Fees for Jobs are charged on an hourly basis. 

5.2 The Job Provider is responsible for paying all Fees notified by Job Hop when advertising a Job. 

5.3 Job Hop may use a third party payment vendor to process payment of Fees. The Job Provider warrants that the Job Provider is the valid owner or an authorised user of the credit card or other payment card of that third party payment vendor, and that all information provided is accurate.

5.4 Job Hop will issue to the Job Provider a tax invoice/receipt for the Fees. Job Hop will issue to the Job Hopper a tax invoice/remittance for the Fees deducted. The Job Hopper will not issue an invoice for any Job other than the automatically generated invoice for the amounts payable in respect of the Job  completed by that Job Hopper.

5.5 Job Hop will deduct withholding tax (at the applicable rate) from payments due to the Job Hopper engaged by that Job Provider and will pay to Inland Revenue that tax. The Job Hopper acknowledges that:

(a) the withholding tax payment is a voluntary schedular payment in terms of Part W, Schedule 4 of the Income Tax Act 2007; 

(b) the Job Hopper is responsible for filing an IR3 (annual tax return) and payment of any other income-related taxes. 

5.6 The Job Provider’s right to use the Service and advertise Jobs is conditional on Job Hop’s receipt of payment of Fees.  If payment cannot be charged to the Job Provider’s credit card or if a charge is refunded for any reason, Job Hop may suspend the Job Provider’s use of the Service. 

5.7 Any administration and advertising charges included in the Fees are not refundable.

5.8 Job Hop may change the Fees on publishing the change on the App and the Website.

5.9 Job Hop has the right to withhold payment from a Job Hopper if the Job Hopper was reported to be under the influence of alcohol, drugs or any other intoxicating substance.

 

6. Confidentiality

6.1 Unless you or Job Hop has the prior written consent of the other or unless required to do so by law:

(a) each of you and Job Hop will preserve the confidentiality of the other’s Confidential Information;

(b) neither you nor Job Hop will, without the other’s prior written consent, disclose any Confidential Information to any other person, or use it for its own benefit, except as permitted by these Terms.

(c) each party's obligations under this clause will survive termination of your use of the Service.

6.2 Clauses 6.1(a) and (b) do not apply to any information that:

(a) becomes public knowledge other than by a breach of this clause;

(b) is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;

(c) is in the recipient’s possession without restriction in relation to disclosure before the date of receipt from the disclosing party; or

(d) is independently developed without access to the Confidential Information.

 

7. Privacy Policy 

Job Hop will process your personal details in accordance with the Privacy Policy published on the App and the Website.  You should read that policy here and you will be deemed to have accepted that policy when you accept these Terms.   

 

8. Intellectual Property, Data and Content

8.1 All IP Rights in all software and content made available to you through the App and the Website remain the property of Job Hop.  

8.2 You may store, print and display the content supplied solely for your own use.  You may not publish, manipulate or otherwise reproduce any content on the App or the Website.  

8.3 You may not modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on any software or documentation supplied by Job Hop.  

8.5 Job Hop will use all reasonable commercial efforts to prevent Data loss, but does not guarantee that there will be no loss of Data.  Job Hop excludes all liability for any loss of Data no matter how caused.

 

9. Service Availability

9.1 Although the Service is intended to be available 24 hours a day, seven days a week, the App or Website may occasionally be unavailable to permit maintenance or other development activity.

9.2 Use of the Service will not necessarily be uninterrupted or error free. Among other things, the availability of systems used for accessing the Service, including public telephone services, computer networks and the Internet, can be unpredictable and Job Hop is not responsible for any interference with your use of the Service.

9.3 If Job Hop needs to interrupt the Service for longer than Job Hop would normally expect, Job Hop will use reasonable efforts to provide advance notice on the App and the Website of the interruption. 

 

10. Limitation of Liability

10.1 The Service is provided on an "as is” basis and Job Hop gives no warranties about:

(a) the Service; or 

(b) the quality of any Job or the ability of any Job Hopper to complete a Job,

and all implied conditions or warranties regarding the Service and any Job are excluded to the extent permitted by law.

10.2 To the maximum extent permitted by law, Job Hop excludes all liability to you for any loss or damage resulting from any use of, or reliance on, the Service, the App or the Website.

10.3 If you suffer loss or damage as a result of Job Hop's breach of these Terms, any claim by you against Job Hop will be limited in respect of any one incident, or series of connected incidents, to the Fees payable for the incident in respect of which your claim is made.

 

11. Disputes

11.1 Job Hop is registered under the Financial Service Providers (Registration and Dispute Resolution) Act as a financial service provider and is a member of an approved dispute resolution scheme operated by  Financial Dispute Resolution].

11.2 If you have a dispute with Job Hop in respect of the Service or these Terms, you should refer the dispute in the first instance to Job Hop, who will endeavour to resolve the dispute in good faith with you.

11.3 If your dispute remains unresolved after 40 working days, you may file a complaint with Financial Dispute Resolution].  The complaints process can be viewed at the website of Financial Dispute Resolution.

 

12. Termination

12.1 If you choose to discontinue using the Service, you may ask Job Hop to archive your account in the App and reactivate it by contacting Job Hop at support@jobhop.co.nz.

12.2 Job Hop may suspend or terminate your use of the Service, the App and the Website and your access to any Data, if you:

(a) (being a Job Hopper) receive repeated complaints about Jobs allocated to you

(b) become insolvent; or 

(c) breach these Terms and do not remedy the breach within 14 days after receiving notice of the breach.

 

13. Miscellaneous provisions

13.1 These Terms, together with Job Hop’s Privacy Policy and any notices or instructions given to you, constitute the entire agreement between you and Job Hop relating to the Service.

13.2 No waiver by Job Hop of a breach of these Terms will constitute a waiver of any other breach. No waiver will be effective unless made in writing.

13.3 Job Hop will not be liable for any delay or failure in providing the Service caused by anything outside Job Hop’s control.

13.4 You may not assign your rights under these Terms to any other person without Job Hop’s prior written consent.

13.5 Any notice given under these Terms must be in writing by email and will be deemed to have been given on transmission. Notices to Job Hop must be sent to support@jobhop.co.nz or to any other email address notified to you by Job Hop.  Notices to you will be sent to the email address you provided when setting up your account with Job Hop.

13.6 These Terms are governed by New Zealand law and subject to the exclusive jurisdiction of the New Zealand courts.  

13.7 Job Hop may revise these Terms by updating the App and the Website and may change the content, links or functionality of the Website or the Service at any time. Your continued use of the Service will constitute your acceptance of the revised Terms.