Wash NZ Limited, trading as Wash Waterblasting Specialists, is pleased to make its Service, as described below, available to you on the following terms and conditions. The Terms of Service are a legal contract between the individual using the Service ("you") and Wash NZ Limited trading as Wash Waterblasting Specialists ("Company," "Wash", "we," "us," or "our"). As referenced in this agreement, "Site" means the website operated by the Company and currently located at www.washnz.co.nz , as it may be updated, relocated, or otherwise modified from time to time, and includes any and all information, text, images, and other materials and content appearing on or incorporated into that website. The terms "Wash NZ", “Wash” or "Service" mean the Site or any other web sites, networks, embeddable widgets, downloadable software, mobile applications including tablet computer applications (each an "App"), features, messages such as emails that we may send you, and services, whether on-line or off-line, owned or operated by the Company.
By using the Service, you:
- acknowledge that Wash is a booking platform and is solely a venue for communications.
- acknowledge that by accessing or using the Service, you agree that you have read, understood, and agree to be bound by the Wash NZ Limited Terms of Service (the "Terms" or "Terms of Service") as updated from time to time, which govern your use of the Service. You may use the App and the Service only as set forth in these Terms.
1. Terms Governing Service Use
Your access to and use of the Service is expressly conditioned on your agreement to and compliance with these Terms. You agree that by browsing, clicking in or accessing the site that you have read these Terms and agree to be bound by them.
2. The Wash Platform
Wash NZ is a platform for connecting persons who are looking to engage external self-employed workers to perform duties on their property (each a "Job"), and self-employed workers that are part of Doig Group's network of service providers (each a "GP") that may be available to perform such Jobs.
The Company reviews written applications, interviews each GP in person but the Company does not and cannot guarantee the accuracy or completeness of any background check or that a particular GP is qualified to perform a particular Job, as it is solely the responsibility of each GP, and not the Company, to determine whether they are qualified and capable of completing a particular Job.Even when accurate, reference and background checks do not necessarily predict future behaviour of a GP. When you book a Job or deal with a GP, you should ensure that you use common sense and caution to ensure protection of your and others' personal property and safety, including by supervising GP's as you would supervise anyone who provided a service to you that you did not know.
When you make a Job booking, the Company will help facilitate the transaction by providing a mechanism for paying amounts due in connection with each Job ("Fees"). Fees for Jobs are non-refundable (unless at least 24 hours notice of cancellation has been provided) and will be charged to you in accordance with the Company's pricing schedule in force at the time a Job is requested, which the Company may update from time to time on a going-forward basis. You are liable for any and all taxes (other than taxes based on the Company's income) related to the Jobs performed by GPs. The Company will charge you for Jobs through the payment method specified in your account (e.g. a credit card or by invoice). If you pay any applicable Fees with a credit card, the Company may seek pre-authorisation of your credit card account prior to your purchase or booking to verify that the credit card is valid and has the necessary funds or credit available to cover your requested Job. You authorise such credit card account to pay any amounts described herein, and authorize the Company to charge all sums described herein to such credit card account. You agree to provide the Company updated information regarding your credit card and account upon the Company's request and any time the information earlier provided is no longer valid.
4. Payment Terms
The Company may update our Pricing Schedule from time to time on a going-forward basis. The Company reserves the right to determine final prevailing pricing - Please note the pricing information published on the website may not reflect the prevailing pricing, and hourly fees may not include booking, additional time, parts, or variable supply charges. We encourage you to check back at our website periodically if you are interested about how we charge for the Service.
5. Refund Policy
- Any fees which the Company may charge you for the Software or Service will be charged within the week prior to it being performed. If at least 24 hours notice of cancellation has been provided, the Company can provide a full refund for the service. If the cancellation is between 24 and 2 hours before the job, the Company is authorised to charge for 50% of the Job quoted value. If the cancellation is within 2 hours of the job, the Company is authorised to not issue a refund for the job. The cancellation fees shall apply at all times regardless of your or the Company's decision to terminate your usage, disruption caused to our Software or Service either planned or unplanned, or for any other reason.
- Any disputes regarding services performed or damage claims must be submitted to the Company within 7 days of the invoice being sent by the Company or date the service was performed to which the dispute relates to.
6. Recurring Service
For a recurring service, a customer subscribes for a defined period of time for recurring Jobs with the company. A customer is free at any time to cancel this service. Our standard Refund Policy applies.
7. Rescheduled Service
When a customer reschedules their service, the reschedule is treated as a cancellation and the standard Refund Policy applies.
You may provide the Company with information and feedback regarding the features and performance of the Service, including reports of failures, errors, or other malfunctions you encounter on the Service along with any associated error messages (the "Feedback"). Feedback provided to the Company may be used by the Company to improve the Service, and accordingly, you hereby grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify and otherwise exploit such Feedback without restriction.
10. Modification of Terms
11. Company Property
Your rights with respect to the Service are limited to those rights expressly granted in the Terms of Service. You acknowledge and agree that the Company and its licensors own all right, title, and interest in and to the Service, including all intellectual property rights therein, even if the Company or its licensors incorporate any materials provided or made available by you into subsequent versions of the Service.
Except as expressly permitted in the Terms of Service, you may not reproduce, modify, or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use or exploit any portion of the Service, including without limitation any information provided through the Service. The content of the Service includes copyrighted materials, trademarks, trade secrets, and other proprietary information, which may include, without limitation, personal information of users, text, software, photos, video, audio visual recordings, graphics, music and sound. The entire contents of the Service and subsets thereof are also protected by copyright as collective works. The Company owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to the Company. You may not create a database or other archival collection in electronic or physical form by downloading and storing, transcribing, or otherwise utilizing by any manual or automated means, any materials contained on the Service.
The Company has a $2,000,000 public liability policy with Tower Insurance New Zealand (the "Policy"). The Policy covers engagement directly between you and the Company. The Policy includes a $3,000 excess in relation to any claim for accidental damage to property and this will be for be the responsibility of you or the GP, not the Company. All of our GP’s have their own $2,000,000 public liability insurance policies and have agreed that they're liable for any damage caused by them during the performance of the Service. The Company requires you to notify us of any damages or breakage within 24 hours of the Services being performed. The Company can reserve the right to not process any claims further, if the Company doesn't receive communication from the customer on the issue on a reasonable time.
13. General Prohibitions
- You agree not to do or attempt (or request that any third party do or attempt) any of the following during or in connection with yours (or their) use of the Service:
- circumvent or attempt to circumvent any access or use restrictions, data encryption, or content protection related to the Service;
- engage in spidering, screen scraping, database scraping, harvesting of e-mail addresses, wireless addresses, content available through the Service, including Content, other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Service, including without limitation any information residing on any server or database connected to the Service;
- copy, modify or distribute the computer code used to generate web pages on the Service (other than as may be expressly permitted under a separate license agreement);
- access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;
- probe, scan or test the vulnerability of any system or network or breach any security or authentication measures;
- access or search the Service with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by the Company or other generally available third party web browsers;
- send unsolicited email, bulk email, junk mail, spam or chain letters, or promotions or advertisements for products or services, including without limitation those which are designed to promote, directly or indirectly, a product or service with which you have a business relationship or other commercial connection;
- in any way use the Service to send altered, deceptive or false source-identifying information;
- decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service;
- interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Site or the Service;
- impersonate or misrepresent your affiliation with, or your lack of affiliation with, any person or entity;
- use the Service in violation of the Company's or any third party's intellectual property or other proprietary or legal rights;
- use the Service in violation of any applicable law or request that a GP provides a service which would violate applicable law(s); or
- upload, post, email, transmit or otherwise make available materials that infringe or misappropriate any patent, trademark, trade secret, copyright or other proprietary rights of any party.
14. Termination of Use; Discontinuation and Modification of the Service
If you violate any of the Terms of Service, your permission to use the Service will automatically terminate. You also agree that we may, at any time and without notice to you, suspend or revoke your access to and use of the Service, and any account(s) you may have in connection with the Service:
- for any reason or no reason at all;
- where we determine in our sole discretion that such action is reasonable in order to comply with legal requirements or to protect the rights or interests of the Company or any third party; or
- in connection with any general discontinuation of the Service. We also reserve the right to modify the Service at any time without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or revocation of your access to or use of the Service. You may terminate this Agreement, and your account, at any time by contacting customer service at firstname.lastname@example.org
15. Cancellation Policy
To cancel a Job, the Company requires a minimum of 24 hours' notice. Any cancellations that are given less than 24 hours’ notice will be charged the appropriate cancellation fee (please refer to section 5 of the T&Cs). Notification must be by email to email@example.com
You agree that you will be personally responsible for your use of the Service, and you agree to defend, indemnify and hold harmless the Company and its officers, directors, employees, consultants, affiliates, subsidiaries, sub-contractors and agents (collectively, the Company Entities) from and against any and all claims, liabilities, damages, losses and expenses, including reasonable solicitors' and accounting fees and costs, arising out of or in any way connected with
- your access to, use or alleged use of the Service;
- your violation of the Terms of Service or any representation, warranty, or agreements referenced herein;
- your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right;
- any claim or allegation of a third party that the Company has referred to you, to the extent based on any actual or alleged act or omission on your part or behalf, or any other claim or allegation arising as a result of such referral; and
- any disputes or issues between you and any GP or third party. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim. You will not, in any event, settle any claim or matter without our written consent.
17. Use of the Service Is Entirely At Your Risk
You expressly understand and agree that your use of the Service is at your sole risk and that the service is provided "as is" and "as available". The Company expressly excludes all warranties and conditions, (whether implied by statute, common law or otherwise and including any warranty as to fitness for purpose and satisfactory quality, and non-infringement) to the maximum extent permitted by law. When you use the Service to request and have a GP perform a Job, you understand and acknowledge that no GP has any authority to make any amendments to these terms and that any statements, representations, or warranties made by a GP or any third party are disclaimed by the Company and do not expand or otherwise modify these terms. Apart from the fact that the Company interviews each GP, the Company makes no representation or warranty regarding the quality, reliability, safety, completeness, fitness, or nature of any Services provided by a GP.
18. Limitation of Liability and Release
To the extent permitted by applicable law, the Company disclaims all liability to you in connection with the Company's performance under these Terms and Conditions, including but not limited to liability for loss of profits and other consequential losses. Except in the case of death or personal injury caused by the Company's negligence, the liability of the Company under or in connection with these Terms and Conditions whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever shall not exceed the Fees paid by you to the Company in the last six months under these Terms and Conditions. Neither Party shall be liable to the other Party in contract, tort, negligence, breach of statutory duty nor otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill. The limitations of damages set forth above are fundamental elements of the basis of the bargain between the Company and you.
19. Governing Law; Venue
These Terms, whether interpreted in a court of law or in arbitration, shall be governed by the laws of New Zealand as they apply to agreements entered into and to be performed entirely within New Zealand by NZ residents, and without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Company agree to submit to the personal and exclusive jurisdiction of the courts located within New Zealand for the purpose of litigating all such claims or disputes.
Our liability to you in respect of the Jobs will not exceed the total price paid by you for the Job(s) associated to the rise of such liability, whether such cause of action is brought in contract, tort, warranty or otherwise. Notwithstanding the above, nothing in these Terms and Conditions shall limit any rights you might have as a consumer or other statutory rights that may not be excluded by law, nor exclude or limit our liability to you for any death or personal injury resulting from our negligence.
22. Events beyond our control
We shall have no liability to you for any failure of the GP's to perform the Jobs you have ordered, or any delay in doing so that may be caused by an event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, failure of our GP's, flood, fire, explosion, acts of terrorism or accident.
If any of the terms of these Terms and Conditions are deemed invalid, void or unenforceable for any reason, they will be severed from the rest of these Terms and Conditions which shall remain unaffected.
Except for our affiliates, directors, employees or representatives, a person who is not party to the contract shall have no rights under the Contracts (Rights of Third Parties) Act 1999 ("Act") to enforce any term of such contract. This does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
Governing law and jurisdiction
Any matter arising from or in connection with these Terms and Conditions shall be governed by and construed in accordance with New Zealand law and the New Zealand courts shall have jurisdiction to resolve any disputes between us.
If you have any questions regarding the Terms of Service or the Service, please contact us at firstname.lastname@example.org