STEVE - Terms

INTRODUCING STEVE LTD ("STEVE") - TERMS AND CONDITIONS

This online platform (Platform) is operated by Introducing STEVE Limited ("STEVE") or its successors and assignees (we, our or us). It is available on our website and may be available through other addresses or channels including on our mobile application.

In these terms and conditions, Platform refers to our marketplace regardless of how you access it. The Platform connects individuals who can perform services (Service Providers) with businesses seeking assistance with the performance of a service (Job Posters) by facilitating introductions between Service Providers and Job Posters including by providing a directory of Services Providers on our Platform.

Acceptance
1. By downloading our App, accessing and/or using our Platform, you; each person, entity or organisation using our Platform (referred to as you or a User); (1) warrant to us that you have reviewed these terms and conditions, including our Privacy Policy available on the Platform (Terms), (with your parent or legal guardian if you are under 16 years of age) and you understand them; (2) warrant to us that you have the legal capacity to enter into a legally binding agreement with us (or if you are under 16 years of age you have your parent’s or legal guardian’s permission to access and use the Platform and they have agreed to the Terms on your behalf); and (3) agree that your access and use of the Platform constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and STEVE.
2. If you are a parent or legal guardian permitting a person who is at least 13 years of age but under 16 years of age to create an account and/or use the Site, you agree to:
  1. supervise that person’s use of the Site and their account;
  2. assume all risks associated with, and liabilities resulting from, that person’s use of the Site and their account;
  3. ensure that the content on the Site is suitable for that person;
  4. ensure all information submitted to us by that person is accurate; and
  5. provide the consents, representations and warranties contained in the Terms on that person’s behalf.
3. If you do not agree to these Terms you may not access or use the Platform. We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Platform. We recommend you check our Platform regularly to ensure you are aware of our current Terms.
Platform Summary - Introductory Service Only
1. The Platform provides an introductory service for Service Providers and Job Posters
2. A Job Poster with a requirement for a service to be provided:
  1. creates an account on the Platform; and
  2. posts an accurate and complete description of the service or job required to be performed, or a description of the employment or position available with the Job Poster (including the fee offered to Service Providers) (Listing).
3. A Service Provider with an ability to perform services:
  1. creates an account on the Platform;
  2. reviews the Listings uploaded by Job Posters; and
  3. makes an offer to perform services (Offer) which is sent to the Job Poster through the Platform. By making an Offer, the Service Provider confirms that s/he is legally entitled to and capable of supplying the services described in the Listing.
4. A Job Poster may:
  1. accept the Offer made by a Service Provider; or
  2. select and make an offer to a Service Provider to perform the required service. If the Service Provider accepts this offer then, a Job is created.
5. The Platform may, from time to time, engage location-based or map-based functionality. The Platform may display the location of a job to be performed to persons browsing the Platform. Job Posters should never disclose personal details such as the Job Poster’s full name, street number or email address in a Listing or in any other public communication on the Platform.
6. The Service Provider and Job Poster can communicate with one another using the contact details set out in a Listing.
7. Once the date and time for a Job has passed, we assume a Job has been completed (Completed Job), unless we are notified otherwise.
8. You understand and agree that the Platform is an online introductory platform only, and that our responsibilities are limited to facilitating the user functionality availability of the Platform and the Services. We are not an employment agency or labour hire business and Service Providers are not our employees, contractors, partners or agents.
9. Nothing in this agreement constitutes as between us and any service provider and/or us and any Job Poster as partners, trustees, employer or employees or agents or contractors for the other.
10. We are not a party to any agreement entered into between a Service Provider and a Job Poster. We have no control over the conduct of Service Providers, Job Posters and any other users of the Platform and the Services. We do not offer or provide insurance. Users should arrange for appropriate insurance through third party service providers.
11. We accept no liability for any loss, damage or claim arising out of the interaction between the Job Poster and Service Provider.
12. This agreement sets forth the entire agreement and understanding of all parties and supersedes any prior, oral or written agreements, understandings or arrangements relating to its subject matter.
Collection Notice
1. We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you and to respond to your enquiries and for other purposes set out in our Privacy Policy.
2. We may disclose that information to third party service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information we may not be able to provide our products to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside New Zealand.
3. Our Privacy Policy contains further information about:
  1. how we store and use your personal information;
  2. how you can access and seek correction of your personal information;
  3. how you can make a privacy-related complaint; and (iv) our complaint handling process.
4. By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.
Registration and Profiles
1. You can browse and view the Platform as an unregistered user of the Platform. You must register on the Platform and create an account (Account) to access some features on the Platform. Users must be natural persons, but can specify within a profile whether she or he represents a business entity.
2. You must provide basic information when registering for an Account including name, email address, and location and we will provide you with a username and password.
3. If you do not provide us with information we reasonably request, we may not be able to create an Account for you. If you provide us with any information which indicates you are not a fit and proper person to be provided with an Account, we may refuse to provide you with an Account, in our sole discretion.
4. You may register for an Account using your Google+, Facebook or other social media network account (Social Media Account).
5. Once you have registered an Account, your account information will be used to create a profile which you may then curate (Profile).
6. You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete.
7. You are responsible for keeping your Account and Profile details and your username and password confidential and you will be liable for all activity on your Account, whether or not you authorised such activities or actions.
8. You will immediately notify us of any unauthorised use of your Account.
9. At our sole discretion, we may refuse to allow any person to register, or create, or continue an Account.
Ratings and Reviews
1. Job Posters are encouraged to rate and review Service Providers that they have engaged to perform a Job.
2. Job Posters may rate a Profile (Rating) and/or may provide feedback to Service Provider regarding the Service Provider’s services purchased by that Job Poster (Review).
3. Ratings and Reviews of a Job Poster can be viewed by any user and will remain viewable until the relevant Service Provider’s Account is removed or terminated.
4. A Job Poster must provide true, fair and accurate information in their Review.
5. If we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban the Job Poster from posting the Review.
6. We do not undertake to check any Review(s) made by a Job Poster and we are not responsible for any misstatement or false information that the Reviews may contain.
7. To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
Fees and Payments
1. It is free to register an Account on the Platform. There is no charge for a Job Poster to create a Listing, or for other users to review content on the Platform, including Listings.
2. The Job Poster must set out, on a Listing, the amount the Service Provider will be paid to complete a Job (Job Fees).
Licence to use our Platform
1. We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
Prohibited conduct
1. You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including (without limitation):
  1. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
  2. using our Platform to defame, harass, threaten, menace or offend any person;
  3. interfering with any user using our Platform;
  4. tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform;
  5. anything that might violate any local, state, national or other law or regulation or any order of a court, including, without limitation, zoning and tax regulations;
  6. as a Service Provider, offering any or services that you do not intend to honour or cannot provide;
  7. as a Job Poster, making any offers to Service Providers that you do not intend to offer;
  8. using our Platform to send unsolicited email messages; or
  9. facilitating or assisting a third party to do any of the above acts.
Service Provider obligations
1. Service Providers should:
  1. perform the services required as part of the Job (unless the services are prohibited by law);
  2. perform the services required as part of the Job with due care and skill;
  3. communicate promptly with Job Posters regarding Jobs; an
  4. not request additional fees outside of the Platform from the Job Poster.
2. If a Service Provider agrees to pay some of the cost of performing the services under a Job, (such as equipment to provide the services) the Service Provider is solely responsible for obtaining any reimbursement from a Job Poster. We encourage Service Providers not to agree to incur costs in advance of receiving payment unless the Service Provider is confident the Job Poster will reimburse costs promptly.
Exclusion of competitors
1. You are prohibited from using our Platform, including the information and materials available on it (Content), in any way that competes with our business. If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use.
Information
1. The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. We do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out- of-date.
Intellectual Property rights
1. Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.
2. You must not, without the prior written consent of ourselves or the owner of the Content (as applicable):
  1. copy or use, in whole or in part, any Content;
  2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
  3. breach any intellectual property rights connected with our Platform, including (without limitation) by:
    1. altering or modifying any of the Content;
    2. causing any of the Content to be framed or embedded in another website; or
    3. creating derivative works from the Content.
User Content
1. You may be permitted to post, upload, publish, submit or transmit relevant information and content, including Reviews (User Content) on our Platform. By making available any User Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our Platform.
2. You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that:
  1. you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and
  2. neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
3. We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.
Third Party sites
1. Our Platform may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites. You should make your own investigations with respect to the suitability of those websites.
Discontinuance
1. We may, at any time and without notice to you, discontinue our Platform, in whole or in part. We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
Consumer Guarantees
1. Certain legislation in the Consumer Guarantees Act 1993 (CGA) and Fair Trading Act 1986 (FTA), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights).
2. Nothing in these Terms excludes your Statutory Rights.
3. The goods and services provided by a Service Provider might also confer you certain Statutory Rights.
Warranties, disclaimers and indemnity
1. To the extent permitted by law, we make no representations or warranties about our Platform, the Content, Service Providers, Job Posters, or Listings including (without limitation) that:
  1. they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
  2. access will be uninterrupted, error-free and free from viruses;
  3. our Platform will be secure;
2. Service Providers’ services will be requested by Job Posters or that Job Posters will be able to find Service Providers required to perform the services; and
3. Service Providers’ services are of a particular standard of workmanship or meet the Listing description.
4. You read, use, and act on our Platform and the Content at your own risk.
Limitation of liability
1. Despite anything to the contrary, to the maximum extent permitted by law:
  1. Under no circumstances will we or our officers, employees, contractors or agents, be liable in contract, tort or otherwise to compensate you for any loss (including consequential loss, injury, or damage) arising directly or indirectly from the breach of provisions under this agreement whether the loss, injury or damages is a direct or indirect result of negligence, or otherwise.; and
  2. we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
2. Despite anything to the contrary, to the maximum extent permitted by law, we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with any:
  1. event or circumstance beyond our reasonable control;
  2. acts or omissions of you or your personnel;
  3. any defect, error, omission, lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit), inaccessibility of, interruption or outage with respect to the Platform;
  4. use of the Platform and/or Content;
  5. interaction you have with other users whether in person or online;
  6. any injury or loss to any person;
  7. Content which is incorrect, incomplete or out-of-date; or
  8. breach of these Terms or any law.
  9. Indirect, special, incidental, punitive or consequential damages including lost profits, lost data, property damage or personal injury in connection or otherwise resulting from use of the Platform.
  10. Except as provided for in clause 16 to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.
  11. This clause will survive the termination or expiry of these Terms.
Indemnity
1. To the maximum extent permitted by law, you indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Platform or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
Cancellation Policy
1. Service Providers and Job Posters may mutually agree to cancel a Job.
2. Service Providers may:
  1. cancel an Offer for a Job, if the Offer has not yet been accepted by the Job Poster; or
  2. if a Job cannot be completed at the schedule time or day, a Service Provider and Job Poster may negotiate to re-schedule the Job. We suggest that Service Providers provide at least 48 hours’ notice to cancel a Job. If a Service Provider cancels their Offer to perform a Job within 48 hours of a Job commencing more than three times, we may suspend that Service Provider’s Account.
3. Job Posters may:
  1. cancel a Job at any time, if no Offers have been made to perform the Job;
  2. cancel a Job if the Job Poster cancels the Job more than 12 hours before the Job is due to commence; and
  3. cancel a Job within 12 hours of the Job commencing.
4. Any refund of a Service Provider’s services is strictly a matter between the Service Provider and the Job Poster. The terms and conditions agreed to between the Service Provider and the Job Poster should be set out on the Listing
Termination
1. You may cancel your Account and terminate these Terms at any time via the "Change Account” feature (or similar) on our Platform or by sending us an email to the address at the end of these Terms. You can also deactivate your Account at any time via the Platform. If you cancel or deactivate your Account as a Job Poster, any Jobs will be automatically cancelledIf you cancel your Account as a Service Provider, any Offers you have made to perform Jobs will be automatically cancelled and we will notify the relevant Job Posters that your Account has been terminated.
2. We may terminate these Terms for any reason and at any time by giving you 30 days’ notice via email to the email address in your Account.
3. At our sole discretion, we may suspend your Account or terminate these Terms immediately without notice if (i) you are in breach of these Terms, any applicable laws, regulations or third party rights (ii) as a Job Poster your Listings at any time fail to meet any applicable quality or eligibility criteria, (iii) you have received poor Reviews or Ratings or we have received complaints about you including due to repeated cancellations of Jobs.
4. If we suspend your Account or terminate these Terms, we will cancel any existing Jobs.
Disputes
1. We encourage Service Providers and Job Posters to attempt to resolve any disputes arising from, or in connection with, these Terms (Disputes) between themselves directly. We recommend the following:
  1. The party claiming there is a Dispute give written notice to the other party setting out the details of the Dispute and proposing a resolution.
  2. Within 7 days after receiving the notice, the parties meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, be privileged.
  3. If the parties do not resolve the Dispute or agree on an alternate method to resolve the Dispute, the Dispute may be referred by either party (by notice in writing to the other party) to legal process.
2. You agree that in the event of a Dispute that you will not join us as a party to the Dispute or join (or attempt to join) us as a party to any legal process arising from a Dispute. You agree that if in breach this provision we are involved (in any manner) in the Dispute that you indemnify us against the consequences arising directly or indirectly out of that Dispute. For the sake of clarity, this indemnity extends to all costs (on a solicitor/client basis) and disbursements that might be incurred by us.
Severance
1. If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be modified as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to modify a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Jurisdiction
1. Your use of our Platform and these Terms are governed by the laws of New Zealand. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New Zealand and any right to object to proceedings being brought in those courts.
2. Our Platform may be accessed throughout New Zealand and overseas. We make no representation that our Platform complies with the laws (including intellectual property laws) of any country outside New Zealand. If you access our Platform from outside New Zealand, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Platform.

For any questions and notices, please contact us at:

Introducing STEVE Limited

Email: support@stevefindsjobs.com

Last update: 20 April 2020

INTRODUCING STEVE LTD ("STEVE") - TERMS AND CONDITIONS

Acceptance

Platform Summary - Introductory Service Only

Collection Notice

Registration and Profiles

Ratings and Reviews

Fees and Payments

Licence to use our Platform

Prohibited conduct

Service Provider obligations

Exclusion of competitors

Information

Intellectual Property rights

User Content

Third Party sites

Discontinuance

Consumer Guarantees

Warranties, disclaimers and indemnity

Limitation of liability

Indemnity

Cancellation Policy

Termination

Disputes

Severance

Jurisdiction