1.1. These terms and conditions explain the terms that apply when you access our Services and our website.
1.2. By registering as a User you accept these terms and conditions. If you do not accept these terms and conditions, you must not use the Services.
1.3. If any of these terms are not enforceable for any reason, that part will be deleted and the rest of the terms and conditions will continue to apply.
1.4. We reserve the right to make changes to these terms and conditions by uploading updated terms and conditions on our website. You will be bound by the terms and conditions that are in effect at the time you access and/or use the Services. Your continued use of the Services represents your agreement to be bound by the terms and conditions as amended. If you do not agree with our amended terms and conditions, you must stop using our Services.
2.1. The following definitions are used in these terms and conditions:
3.1. Our Services include providing a forum via our website to allow Gig workers, Job Hunters and Volunteers to be matched with Gig Listers, Job Listers and Volunteer Requestors. We do not get involved in any contractual arrangements between Users and we do not act as agents for either party.
3.2. We grant you a limited, non-exclusive, non-transferable and revocable licence to use our website. We continue to own all our intellectual property rights in our website and related to the provision of our Services to you. You must not copy, adapt, reproduce, distribute, publish, commercialise or sell to anyone else, any information or works on our website or related to our Services, unless we agree in writing.
3.3. We use an application programming interface (API) to enable software to interface with our website and applications that may access our website. This means that information you put on our website may be accessed through the API and be seen elsewhere (such as another app).
3.4. If you permit an application to access your GigExchange account, that application will be able to access your data, information you see when you are logged in to your GigExchange account, and perform tasks for you.
3.5. If another User is using an application to access GigExchange to interact with you, that application may be able to access information that you provide to the other User, such as your contact details.
4.1. To become a User, you must:
4.2. Gig workers, Job Hunters and Volunteers may be located outside of New Zealand (or country of listing) when accepting a Gig, Job, or Volunteering Opportunity, however (where applicable) the parties must satisfy themselves that all legal requirements to work in New Zealand (or country of listing), including obtaining the appropriate visa (where applicable), have been met. We are not responsible for ensuring that Users are legally entitled to work in New Zealand (or country of listing). If the Gig worker, Job Hunter or Volunteer is to undertake work remotely outside of New Zealand (or country of listing), the parties must satisfy themselves in relation to any jurisdictional or legal requirements that may need to be met and we will have no responsibility in that regard.
4.3. If you are a Gig Lister we will ask you to provide contact information that will be passed on to Gig workers to allow them to contact you during negotiations for a Gig (as described in clause 6.3). We recommend that you provide a secondary email address and not your primary email address or mobile phone number. While clause 5.2 prohibits Users from harassing or sending unsolicited commercial electronic messages (spam) to other Users, we recommend you use a secondary email address in the event that a User breaches those requirements.
4.4. You are the only person entitled to use your GigExchange account. You cannot transfer or sell your GigExchange account to anyone else, unless we agree in writing. You must secure your password and not share it with anyone else.
4.5. You must make sure that the details on your GigExchange account are kept up to date.
4.6. We may communicate with you about your GigExchange account and provide you with information about our Services and promotions. More information about this is in our privacy policy.
4.7. We can choose not to register any person as a User, suspend or cancel your GigExchange account or restrict your access to our Services for any reason, including, without limitation if you have breached these terms and conditions.
4.8. Subject to clause 4.9, you can cancel your GigExchange account at any time. You will no longer be able to access our Services once your GigExchange account has been cancelled. Some of the provisions in these terms and conditions will continue to apply after your GigExchange account has been cancelled, including clauses 3.2, 5.3, 5.6, 9, 10 and 11.
4.9. We may suspend your request to cancel your GigExchange account if we suspect that you have sourced funds fraudulently or otherwise illegally. If we become aware that you have received funds into your GigExchange account as a result of any illegal transaction we will take steps to reverse that transaction. If you have already received those funds you must repay them to your GigExchange account. If you fail to do so, we may cancel or restrict your access to your GigExchange account and we may take steps to recover those funds from you.
4.10. We may also suspend your access to funds in your GigExchange account if we consider that:
4.11. If you are involved in any dispute we may temporarily restrict access to funds in your GigExchange account to cover your potential liability. If the dispute is resolved in your favour, we will release the funds to you. If the dispute is not resolved in your favour, we may take funds from your GigExchange account to meet your liability. See Help Centre for further details.
4.12. In the event of late notice cancellation for a Gig Listing, we may take funds from your GigExchange account to meet your liability. See Help Centre for further details.
We expect that you will behave appropriately, honestly and in good faith with dealing with us and other Users when using our website and the Services. Without limiting that general obligation, you must not:
5.3. You must immediately notify us if you become aware of any unauthorised access or breach of security in relation to our website, your GigExchange account or the Services and do everything reasonably practicable to mitigate the unauthorised access or security breach.
5.4. You will continue to own content that you post on our website, excluding any feedback you post (this is dealt with under clause 5.6). You grant us a non-exclusive, transferable, sublicensable, royalty-free, perpetual licence to use, store, display, modify, reproduce, and distribute your content in any way relating to the promotion, provision and improvement of our Services.
5.5. We allow Users to provide feedback about their dealings with other Users. This helps Users to decide whether they want to transact with another User and helps us to know whether Users are meeting our standards and the expectations of other Users. Feedback should be honest and factual and must not contain any offensive, defamatory or revengeful language and must otherwise comply with any feedback policies posted on our website.
5.6. You agree that copyright in any feedback you provide on our website and your feedback ratings are owned by us. You may only use your feedback and feedback ratings on our website while you remain a User. You may not use any feedback you receive or provide anywhere else except on our website, unless we have given our prior written consent.
5.7. If we become aware of any misuse of our website or the Services we may take any action that we think is necessary. This might include warning a User, removing content or feedback, shutting down a User’s GigExchange account, banning a User from using our Services, or contacting relevant authorities.
5.8. We may include advertisements or promotions on our website. We are not responsible for any loss or damage suffered or incurred by you resulting from those advertisements or promotions or any dealings with those advertisers or promoters. Intellectual property included in the content of those advertisements and promotions may be protected and you must not modify, sell, distribute, appropriate or create derivate works based on those advertisements or promotions.
6.1. If you and another User agree to enter into an arrangement in relation to a Gig, Job or Volunteering Opportunity, you and the other User will be responsible for entering into any written contract that may be required.
6.2. Users are responsible for all tax obligations and enforcement of any contract between them.
6.3. We seek to match Gig Listers with Gig workers who have skills and attributes that appear to correspond with the Gig in the Listing. Gig Listers may override the matching service and allow the Listing of the Gig to be available for any Gig worker to respond to. The Gig Lister and Gig workers will have the opportunity to negotiate the scope of work, timeframe and pricing of the Gig via a private chat channel. Once agreed, those terms will be provided to us to allow us to determine our fee.
7.1. Our current fees are listed: here
7.2. We will charge you the fees for using our Services. There are no fees charged to Volunteer Seekers who post Listings for Volunteering Opportunities on our website.
7.3. The calculation of fees for our Services varies depending on the Services we provide to you:
7.4. Our fees are shown on our website as GST exclusive. If you are a New Zealand resident you will be charged GST in addition to our fees. If you are not a NZ resident, and reside outside NZ, then our fees will be zero rated for GST
7.5. We use Stripe Payments Europe Ltd (Stripe) as our payment gateway. By accepting these terms and conditions you also agree to accept the Stripe Connected Account Agreement, as may be amended by Stripe from time to time. The current version of the Strip Connected Account Agreement is available here: https://stripe.com/nz/connect-account/legal. The terms in the Stripe Connect Account Agreement will prevail to the extent there is any conflict or inconsistency between the Stripe Connect Account Agreement and these terms and conditions.
7.6. Stripe collect our fees from you and pay them to us. Stripe also manage the payment of the price for a Gig (after deduction of any applicable fees) from the Gig Lister to the Gig worker.
7.7. If you post a Listing for a Job or a self-promotion advertisement, our fee will be charged to your credit or debit card and paid to us, unless we have agreed to other payment arrangements with you.
7.8. Once the scope of work, timing and price for a Gig have been agreed between the Gig Lister and the Gig worker under clause 6.3, the following payment process will apply:
8.1. We may partner with service providers who offer services that may be useful to Users, such as insurance brokers.
8.2. We may receive a commission if a User acquires services from those partners.
9.1. You must try to resolve any disputes with other Users directly with them. We are not a party to transactions between you and other Users and so ultimately we are not responsible for any disputes between Users. To the extent that we may agree to assist in facilitating the resolution of any dispute between Users we will have no liability whatsoever to any person.
9.2. If you have a dispute with us, please let us know so that we can try to resolve it with you. If we cannot resolve the dispute informally then either you or us may use any other legal method available. New Zealand law applies to these terms and conditions and the New Zealand courts will have jurisdiction to resolve disputes.
9.3. In the event of a dispute raised by a card service or other payment provider, we reserve the right to pass on to the user any administration charges which the gigexchange incurs, plus our administration charge, as a direct result of said dispute. Our current fees are listed here.
10.1. All notices must be in writing and given via email or post. We will send notices to you at the email address or postal address provided by you when setting up or maintaining your GigExchange account. You must send notices to us at the email address or postal address noted on our website.
10.2. Notices will be deemed to have been received:
11.1. While we try our best, we cannot assure you that our website will always be completely secure, available or free from errors. You use our website and our Services at your own risk.
11.2. If you are using our Services for personal use, nothing in these terms and conditions limits any rights you have under the Consumer Guarantees Act 1993 to the extent they cannot be waived or limited.
11.3. To the extent we are legally able to, we will not be liable to you for any reason relating to the Services, your use of the website, or another User’s acts or omissions.
11.4. We will not be liable to you for any indirect or consequential losses or damages, loss of business or loss of profits.
11.5. We only provide a forum via our website for Users to connect with each other. We do not take part in any contractual arrangements between Users. All transactions between you and other Users are entirely at your own risk.
11.6. Users are solely responsible for the content of Listings on our website (including links to external websites or files downloaded from our website). We have no liability for any content or links to external websites posted by Users.
11.7. We cannot control what our Users do or examine every Listing or type of content before it is posted on our website. We are not liable to you for anything another User does or does not do.
11.8. You indemnify us from and against any losses, damages, costs, claims, or proceedings we incur or are subject to as a result of your use of the Services or failure to comply with these terms and conditions, including if we cancel your GigExchange account due to your breach of these terms and conditions.
11.9. Users are solely responsible for ensuring they are adequately insured against any services conducted through GigExchange. A link to potential Insurance Providers can be found here.