Sorted Jobs Ltd NZB 50001281967 ("Sorted Jobs", "we" or "us) operates an online platform ("Sorted Jobs Services") allowing users ("User" or "You") to connect and perform business and personal services and outsource jobs and buy and sell goods through Sorted Jobs’ platform including through our website at www.sortedjobs.co.nz, the Sorted Jobs iPhone application or Sorted Jobs Android application or any other platform we may introduce in the future ("Sorted Jobs Platform").
Use of the Sorted Jobs Platform or use of the Sorted Jobs Services confirms that You agree to be bound by this Agreement.
1.1. Sorted Jobs provides a platform for connecting people who have jobs that need doing, or who need to buy a particular item ("Job Posters") with those willing to do the job or provide the item ("Sorted Jobs Workers").
1.2. A reference to User in this agreement includes Job Posters, Sorted Jobs Workers and any other person that visits or views the Sorted Jobs Platform.
1.3. A User creates an account with Sorted Jobs when s/he validly completes a registration form on the Sorted Jobs Platform.
1.4. Sorted Jobs provides the platform only. Apart from enabling a Job Poster to find a Sorted Jobs Worker to provide a particular service or supply a particular good, Sorted Jobs accepts no liability for any aspect of the Job Poster and Sorted Jobs Worker interaction, including but not limited to the description of goods and services offered, the performance of services and the delivery of goods. Sorted Jobs has no obligation to any User to assist or involve itself in any way in any dispute between a Job Poster and an Sorted Jobs Worker.
1.5. All information related to services to be performed or goods to be provided is supplied by Sorted Jobs Users. Unless expressly stated to the contrary, Sorted Jobs does not have any ability or responsibility to review, approve or verify any User provided information prior to publication on the Sorted Jobs Platform.
1.6. You expressly agree that Sorted Jobs has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users (including all Sorted Jobs Workers and Job Posters), including, but not limited to, the ability of Sorted Jobs Workers to perform jobs or supply items, or the honesty or accuracy of any information provided by Job Posters or the Job Posters’ ability to pay for the services or goods requested.
2.1. The Sorted Jobs Service will be reviewed and updated from time to time. In addition to the points set out below, certain portion(s) of the Sorted Jobs Service may be separately described on the Sorted Jobs Platform.
2.2. A Job Poster with a requirement for a service to be provided or a good to be acquired (1) creates an account with Sorted Jobs and (2) posts an accurate and complete description of the good to be acquired or service to be provided (including, but not limited to, the payment offered to the Sorted Jobs Worker) ("Posted Job"). Posted Jobs are subject to further terms set out for Posting Jobs and Making Offers below.
2.3. A Sorted Jobs Worker with an ability to perform services and/or to provide the goods (1) creates an account with Sorted Jobs and (2) reviews Posted Jobs uploaded by Job Posters.
2.4. If a Sorted Jobs Worker desires to provide services or sell goods to a Job Poster, the Sorted Jobs Worker must make an offer in response to the Posted Job ("Offer"). By making an Offer the Sorted Jobs Worker confirms that s/he is legally entitled to and capable of supplying the goods or services described in the Posted Job. Offers are subject to further terms set out for Posting Jobs and Making Offers below.
2.5. If a Job Poster in any way updates a Posted Job after it has been published on the Sorted Jobs Platform and before an offer has been accepted, then Sorted Jobs may, at its discretion, cancel all Offers for that Posted Job that were made prior to the update and recommence the offer process.
2.6. If the Job Poster agrees to a Sorted Jobs Worker’s offer, the Job Poster will accept that Sorted Jobs Worker’s Offer by using the functionality on the Sorted Jobs Platform and paying the agreed price into the payment facility escrow account accessible via the Sorted Jobs Platform ("Escrow Account").
2.7. The Sorted Jobs Worker and Job Poster use a public question and answer feature on the Sorted Jobs Platform to communicate directly about posted requests for services or goods. Once a Job Poster has accepted an offer from a Sorted Jobs Worker, the Job Poster and the Sorted JObs Worker can communicate privately using a Sorted Jobs private messaging service. Each time a Sorted Jobs User receives a message from the Sorted Jobs messaging service, a notification may be sent to the Sorted Jobs via their currently active communication channel.
2.8. Once a Job Poster has accepted an offer from a Sorted Jobs Worker and paid the agreed price into the Escrow Account then the Job Poster and the Sorted Jobs Worker will be deemed to have entered into a separate contract under which the Job Poster agrees to purchase, and the Buyer agrees to provide the Job Poster with the services or goods ("Job Contract").
2.9. The terms of the Job Contract incorporate the terms of this Agreement (to the extent they apply to the Job Poster and the Sorted Jobs Worker) and any additional terms and conditions agreed between the Job Poster and the Sorted Jobs Worker, including the description and price of the services or goods to be provided. You agree not to enter into any contractual provisions in a Job Contract that conflict with this Agreement. The terms of this Agreement incorporated into a Job Contract take priority over any other terms agreed between a Job Poster and a Sorted Jobs Worker in the Job Contract to the extent of any inconsistency.
2.10. The Sorted Jobs Worker must provide the services or goods to the Job Poster in accordance with the Job Contract, unless the services, goods or transaction is prohibited by law, by this Agreement, an agreement between the User and a Third Party Provider or by any of our Policies.
2.11. Once a Sorted Jobs Worker has provided the goods or services requested by a Job Poster in accordance with the Job Contract, the Sorted Jobs Worker must provide notice that the task is complete by using the Sorted Jobs Platform functionality. It will be material breach of this Agreement and the Job Contract if a Sorted Jobs Worker provides notice that a job is complete for a particular Posted Job without having provided the relevant goods or services. If s/he is supplying goods, a Sorted Jobs Worker must not provide notice that a job is complete until the goods have actually been delivered to the address specified by the Job Poster.
2.12. Once a Sorted Jobs Worker has provided the relevant goods or services in accordance with the Job Contract and has provided notice that the job is complete relating to a particular Posted Job, the Job Poster must release the agreed price for the goods or services supplied to the Sorted Jobs Worker by using the Sorted Jobs Platform functionality. It will be material breach of this Agreement and the Job Contract if, after a Sorted Jobs Worker has provide the relevant goods or services in accordance with the Job Contract and provided notice that a job is complete for a particular Posted Job, the Job Poster fails to release the agreed price.
2.13. Once the Job Poster has released the payment, the fee will be paid from the Escrow Account to the Sorted Jobs Worker after the “job satisfaction period” and deduction of the relevant fees set out in the Service Fee Schedule and describe in Fees below ("Service Fees").
2.14. Once a transaction is concluded, both the Sorted Jobs Worker and Job Poster are required to complete an Sorted Jobs service review using any feedback features on the Sorted Jobs Platform. Sorted Jobs will, from time to time, contact You to remind You to complete an Sorted Jobs service review.
2.15. The Sorted Jobs Platform may from time to time include location/ map-based functionality. The Sorted Jobs Platform may display the location of Job Posters and Sorted Jobs Workers to persons browsing the Sorted Jobs Platform. Each Job Poster will be asked to provide the street and suburb where the job is to be performed or the goods are to be delivered. A Job Poster should never disclose personal details such as Job Poster’s full name, street number, phone number or email address in a Posted Job or in any other public communication on the Sorted Jobs Platform.
2.16. Sorted Jobs may from time to time include on the Sorted Jobs Platform a “Hire Me” feature which enables Sorted Jobs Users who are browsing other User profiles to post a request for goods and services based on the skills, reputation or other profile attributes of a particular User. When this occurs, the Sorted Jobs User who the Job Poster would like to make an Offer will be automatically notified (i) of the new Posted Job, and (ii) that the Job Poster would like him/ her to make an Offer to supply the goods or services. That User will have the right to refuse aforementioned job, or place a bid on the job as in the normal offer process to become the Sorted Jobs worker for the Posted Task.
2.17. From time to time, Sorted Jobs may enter into agreements with business partners ("Business Partners") to enable Business Partners to acquire aspects or functions of the Sorted Jobs Platform, and may seek to engage Sorted Jobs Workers in the provision of goods or services which the Business Partner will on sell to other parties (such as its customers). For the purposes of these Terms, when a Business Partner is engaged in this way, the Business Partner will be a Job Poster and the task will be a Posted Job for the purposes of these Terms. Sorted Jobs Workers who agree to perform Posted Jobs for Business Partners acknowledge and agree that Sorted Jobs and the Business Partner may on sell the goods or services supplied to third parties for an increased fee.
2.18. Business Partners may require Sorted Jobs Workers engaged as contemplated in clause 2.17 to be approved or hold particular qualifications and Sorted Jobs may be asked by Business Partners to locate potentially suitably qualified Sorted Jobs Workers. Sorted Jobs makes no warranty that it will promote any or all suitably qualified Sorted Jobs Workers to Business Partners.
2.19. Before a Business Partner enters into a contract with a Sorted Jobs Worker, it may be require the Sorted Jobs Worker to enter into additional terms for the engagement ("Business Partner Contract") before the Sorted Jobs Worker can undertake any work introduced by a Business Partner.
2.20. Where a Sorted Jobs Worker accepts a Posted Job with a Business Partner:
(a) the Sorted Jobs Worker must provide the goods or services to the Business Partner in accordance with the Job Contract created by these Terms and any applicable Business Partner Contract; and
(b) the terms of the Business Partner Contract will prevail to the extent of any inconsistency.
3.1.Where a Job Poster pays an agreed price for goods or services into the Escrow Account in respect of a Posted Job ("Job Payment") that Job Payment will be used to pay the Sorted Jobs Worker and Sorted Jobs in accordance with this Agreement. If that payment cannot be made for any reason the Job Payment monies will be handled in accordance with this clause 3.
3.2. If the Job Poster and the Sorted Jobs Worker mutually agree to cancel the Job Contract or if, following reasonable attempts by a Job Poster to contact a Sorted Jobs Worker to perform the Job Contract, Sorted Jobs is satisfied that the Job Payment should be refunded and there is no dispute between the Job Poster and the Sorted Jobs Worker, then Sorted Jobs will refund the Job Payment back into the Job Poster's nominated account.
3.3. If, for any reason, the Job Payment cannot be transferred or otherwise made to the Sorted Jobs Worker or the Job Poster (as the case may be) or no claim is otherwise made for a Job Payment, the Job Payment will remain in the Escrow Account until paid or otherwise for up to three months from the date the Job Poster initially paid the Job Payment into the Escrow Account.
3.4. Following the 3 months referred to in clause 3.3 and provided there is still no dispute in respect of the Job Payment the Job Payment will be automatically converted into Sorted Jobs credit and credited to the relevant Job Poster or Sorted Jobs Worker ("Holder"). The credit will be to the account of the Job Poster except where the Sorted Jobs Worker has claimed the Job Contract has been completed but for whatever reason the Job Payment was not able to be transferred.
3.5. Credit on a Sorted Jobs gift card or any other form of Sorted Jobs card containing credit for use on the Sorted Jobs Platform ("Store Value Card") is also a form of Sorted Jobs credit that can be held by a holder (also a "Holder"). Store Value Cards cannot be replaced, exchanged or reloaded and may only be used in the purchase of Jobs via the Sorted Jobs Platform in accordance with this Agreement.
(a) can be used by the Holder to pay for any new jobs via the Sorted Jobs Platform;
(b) is not refundable or redeemable for cash; and
(c) expires 12 months from the last date the Sorted Jobs credit is topped-up or the Stored Value Card is purchased by the Holder whether by operation of clause 3.4 or any other means.
4.1. Sorted Jobs may use a related entity or a third party service provider to provide payment services acting as a payment facilitator and escrow agent on behalf of the Job Poster and Sorted Jobs Worker ("Escrow Provider").
5.1. Sorted Jobs may from time to time include on the Sorted Jobs Platform promotions for and links to services offered by third parties ("Third Party Services"). These Third Party Services are not provided by Sorted Jobs.
5.2. Third Party Services are offered to You pursuant to terms and conditions offered by the third party. Third Party Services may be promoted on the Sorted Jobs Platform as a convenience to our Users who may find the Third Party Services of interest or of use.
5.3. If You engage with any Third Party Service provider your agreement will be directly between You and that Third Party Service provider.
5.4. Sorted Jobs makes no representation or warranty as to the Third Party Services. However, to help us continue to improve our Sorted Jobs Platform, please let us know of any issue that You experience using a Third Party Service by contacting us.
6.1. Sorted Jobs may offer its Users an opportunity to obtain insurance for Sorted Jobs Users. All such insurance is offered by a third party. Sorted Jobs confirms that all insurance policies are Third Party Services and subject to further terms set out for Third Party Services. Sorted Jobs may elect to obtain its own insurance that may provide cover for Sorted Jobs Users.
6.2. Sorted Jobs does not represent that the insurance offered via the Sorted Jobs Platform is adequate or appropriate for any particular User. Each User must make its own enquiries about whether any further insurance (such as workers compensation insurance) is required.
6.3. The Sorted Jobs Worker acknowledges and agrees that in the event that a Job Poster makes a claim relating to any services performed and/or goods provided by an Sorted Jobs Worker, and the insurance taken out by Sorted Jobs (if any) responds to that claim then this clause applies. Sorted Jobs may elect to make a claim under such policy and if the claim is successful, any excess payable in respect of the claim may be recovered by Sorted Jobs from the Sorted Jobs Worker. Where Sorted Jobs makes a claim and the insurer assesses that the Sorted Jobs Worker is responsible, Sorted Jobs is entitled to rely on that assessment. If you do not pay any excess, Sorted Jobs may also elect to set this amount off against future monies it may owe to the Sorted Jobs Worker.
7.1. Sorted Jobs may include tools to help Sorted Jobs Users to verify the identity, qualifications or skills of other Sorted Jobs Platform Users (“Identity Verification Services”). These tools may include: mobile phone verification technology, verification of payment information, a "Reference" feature (allowing a User of the Sorted Jobs Service to request other Users to post a reference on the Sorted Jobs Platform endorsing that User), integration with social networking sites such as Facebook, Twitter and Linked In and verification icons or badges displayed in association with a Sorted Jobs Worker and obtained in accordance with clause 7.6 and or clause 7.7.
7.2. You agree that Sorted Jobs Identity Verification Services may not be fully accurate as all Sorted Jobs Services are dependent on User-supplied information and/or information or verification services provided by third parties.
7.3. Sorted Jobs Platform Users are solely responsible for identity verification and Sorted Jobs accepts no responsibility for any use that is made of an Sorted Jobs Identity Verification Service.
7.4. The Sorted Jobs Platform may also include a User-initiated feedback system to help evaluate Sorted Jobs User(s).
7.5. The Sorted Jobs Services Identity Verification Services may be modified at any time.
7.6. Sorted Jobs may from time to time make available certain verification icons to be displayed in relation to an Sorted Jobs Worker's profile and Posted Jobs, such as police checks or other verifiable information (such as certifications, qualifications, licenses or other skills) supplied by the Sorted Jobs Worker and verified internally by Sorted Jobs, or externally by a third party verification provider ("Verification Icons"). The available Verification Icons can be requested by the Sorted Jobs Worker via the Sorted Jobs Platform, and arranged on behalf of the Sorted Jobs Worker and issued by Sorted Jobs, for a fee. Obtaining a Verification Icon may be subject to the provision of certain information or documentation by the Sorted Jobs Worker and determined by Sorted Jobs or a third party verifier subject to its terms. It remains the Sorted Jobs Worker's responsibility to ensure that information or documentation it provides in obtaining a Verification Icon is true and accurate and must inform Sorted Jobs immediately if a Verification Icon is no longer valid.
7.7. Sorted Jobs may also from time to time issue certain badges to be displayed in relation to a Sorted Jobs Worker's profile and Posted Jobs, based on meeting certain qualification thresholds, the Verification Icons issued, or any other combination of information, as determined and set by Sorted Jobs ("Sorted Jobs Badge"). The available Sorted Jobs Badges will be issued for a fee.
7.8. The issue of a Verification Icon or Sorted Jobs Badge to a Sorted Jobs Worker remains in the control of Sorted Jobs and the display and use of a Verification Icon or Sorted Jobs Badge is licensed to the Sorted Jobs Worker for use on the Sorted Jobs Platform only. Any verification obtained as a result of the issue of a Verification Icon or Sorted Jobs Badge may not be used for any other purpose outside of the Sorted Jobs Platform.
7.9. Sorted Jobs retains the discretion and/or right to not issue, or remove without notice to you, a Verification Icon or Sorted Jobs Badge if an Sorted Jobs Worker is in breach of any of the terms of this Agreement, the Verification Icon or Sorted Jobs Badge has been issued incorrectly, obtained falsely, has expired, is no longer valid or for any other reason requiring its removal by Sorted Jobs.
8.1. A Sorted Jobs account can only be created in the name of an individual. However, a Sorted Jobs User registering as an Sorted Jobs Worker or Job Poster may specify within the ‘"account description" field that s/he is representing a business entity (including a company).
8.2. To create an account and use the Sorted Jobs Services You must be able to form legally binding contracts under applicable law. Sorted Jobs Services are not available to persons under 18 years of age. If You do not qualify to use the Sorted Jobs Services, You must not use the services.
8.3. While You are registered with Sorted Jobs You must maintain control of your Sorted Jobs account. You may not deal with your account (including feedback and associated UserID) in any way (including by allowing others to use your account or by transferring or selling the account or any of its content to another person).
8.4. At its absolute discretion, Sorted Jobs may refuse to allow any person to register or create an account with Sorted Jobs or cancel or suspend any existing account.
9.1. You agree that at all times:
(a) You will comply with this Agreement (including all Sorted Jobs Policies) and all applicable laws and regulations;
(b) You will post only accurate information on the Sorted Jobs Platform;
(c) You will promptly and efficiently perform all your obligations to other Sorted Jobs Users under a Job Contract and to Sorted Jobs under this Agreement;
(d) all content (whether provided by Sorted Jobs, a User or a third party) on the Sorted Jobs Platform may not be used on third party sites or for other business purposes without Sorted Jobs’ prior permission; and
(e) You will ensure that You are aware of any laws that apply to You as a Job Poster or an Sorted Jobs Worker, or in relation to any other way(s) that You use the Sorted Jobs Platform.
9.2. You must not use the Sorted Jobs Platform for any illegal or immoral purpose.
9.3. You grant to Sorted Jobs an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the Sorted Jobs Platform for the purpose of including that material and information on the Sorted Jobs Platform and as otherwise may be required to provide the Sorted Jobs Service, for the general promotion of the Sorted Jobs Service and as permitted by this Agreement.
9.4. Any information posted on Sorted Jobs Platform must not, in any way whatsoever, be potentially or actually harmful to Sorted Jobs or any other person. "Harm" includes, but is not limited to, economic loss that will or may be suffered by Sorted Jobs. Without limiting any provision of this Agreement, any information You supply to Sorted Jobs must be up to date and kept up to date and must not:
(a) be false, inaccurate or misleading or deceptive;
(b) be fraudulent or involve the sale of counterfeit or stolen items;
(c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
(d) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
(e) be defamatory, libellous, threatening or harassing;
(f) be obscene or contain any material that, in Sorted Jobs’ sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images;
(g) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any Sorted Jobs Platform, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information.
9.5. You must have the right to provide goods and services under a Job Contract and to work in New Zealand. You must comply with your tax obligations in relation to any payment received under a Job Contract,
9.6. When You enter into a Job Contract using the Sorted Jobs Platform You create a legally binding contract with another Sorted Jobs User, unless the transaction is prohibited by law or by this Agreement (including the Sorted Jobs Policies). If You do not comply with your obligations to another Sorted Jobs User under a Job Contract, You may become liable to that other User. If another User breaches any obligation to You, You - not Sorted Jobs - are responsible for enforcing any rights that You may have with that User.
9.7. If Sorted Jobs determines at its sole discretion that You have breached any obligation under this clause 9, it reserves the rights to remove any content, Posted Job or Offer You have submitted to the Sorted Jobs Service or cancel or suspend Your account.
10.1. Registering and creating an account with Sorted Jobs is free. There is no charge for a Job Poster to Post Jobs, or for other Sorted Jobs Users to review content on the Sorted Jobs Platform, including Posted Jobs.
10.2. If a Job Poster has accepted your offer, You agree that the Service Fees as set out in the Service Fee Schedule will be deducted from the agreed fee and paid to Sorted Jobs (or its nominee), which are inclusive of GST.
10.3. The Service Fees will be deducted and paid to Sorted Jobs when the agreed price is released from the Escrow Account to the Sorted Jobs Worker.
10.4. To be clear, Service Fees will be calculated only on the amount that the Sorted Jobs Worker agrees to charge the Job Poster to provide the service or goods. This means that if a Job Poster requires a Sorted Jobs Worker to incur costs in completing a job (for example, if the job is purchasing groceries, Sorted Jobs Worker might agree to pay for the groceries upfront and then be reimbursed by the Job Poster), then the cost incurred will not be included in any calculation of the Service Fees.
10.5. If a Sorted Jobs Worker agrees to pay some of the costs as part of completing a task, Sorted Jobs Worker is solely responsible for having those costs reimbursed by the Job Poster. Sorted Jobs will not be responsible for obtaining any reimbursement from a Job Poster. We advise Sorted Jobs Workers not to agree to incur any costs for a Job Poster in advance of payment by the Job Poster, unless the Sorted Jobs Worker is confident that the Job Poster will reimburse the costs promptly.
10.6. Sorted Jobs may from time to time change the Service Fees and the terms applying to their payment. Any change relating to the Service Fees is effective fourteen (14) days after Sorted Jobs notifies You of that change by sending a message to your Sorted Jobs account.
10.7. Sorted Jobs may choose to temporarily modify the Service Fees, or the terms applying to their payment, in its sole discretion. Notification of temporary modifications will also be sent to your Sorted Jobs account.
10.8. All fees and charges payable to Sorted Jobs are non-cancellable and non-refundable, subject to your rights under any Non-Excludable Conditions (defined below).
10.9. If Sorted Jobs introduces a new service on the Sorted Jobs Platform, the fees applying to that service will be payable as from the launch of the service and will detailed in the schedule of Service Fees
10.10. Where a Sorted Jobs Worker is supplying goods or services, the Sorted Jobs Worker must not charge a Job Poster Service Fees on top of the agreed price for the goods or Services under the Job Contract.
11.1. A Posted Job must include the following details in order to be accepted by Sorted Jobs:
(a) Deadline for completion: the deadline for completion of the job or delivery of the goods;
(b) Price: the price that the Job Poster is prepared to pay for the goods or services required; and
(c) Description: a description of the goods or services.
11.2. Service Fees do not include any fees that may be due to Third Party Service Providers. All Third Party Service fees must be paid pursuant to your separate agreement with the Third Party Service provider.
11.3. As well as the mandatory details mentioned in paragraph 11.1, a Job Poster may choose to specify additional terms that s/he wants to apply to the transaction
11.4. Job Posters must describe the service or goods fully and accurately and include all terms of sale or supply that You want to apply, as well as any information required by law. Posted Jobs may only include text. You must have the legal right to use any content that You post. Sorted Jobs may, in its sole discretion, remove any Posted Job for any reason.
11.5. Prior to the Job Poster accepting an offer from a Sorted Jobs Worker, all communications between a Job Poster and the Sorted Jobs User(s) making an Offer to supply the goods or services are visible to all other Sorted Jobs Users and can also be viewed by other internet users. All Users of the Sorted Jobs Platform must take care when communicating at the offer stage and must not disclose any private contact details such as full name or address, phone number or email address.
11.6. In making an Offer, a Sorted Jobs Worker agrees to provide the relevant goods or services within the timeframe and on the terms and conditions specified in the Posted Job (unless the Sorted Jobs Worker and the Job Poster agree to vary the timeframe or the terms and conditions in the course of negotiations, in which case the Sorted Jobs Worker must provide the goods or services in accordance with the agreed timeframe and terms and conditions).
11.7. Once a Job Poster accepts an offer from an Sorted Jobs Worker in accordance with clause 2.6, no further negotiations are permitted on the Sorted Jobs Platform in relation to the provision of the relevant goods or services. If, after the Job Poster accepts an offer from an Sorted Jobs Worker, the Sorted Jobs Worker and Job Poster wish to negotiate on price or timeframe for completion (for example, where Job Poster is not satisfied with the Sorted Jobs Worker’s performance) they may use the Sorted Jobs private messaging system, but otherwise those negotiations (and the resolution of any disputes) must be done outside the Sorted Jobs Platform.
11.8. If a Sorted Jobs User, Sorted Jobs Worker or Job Poster wishes to complain about any comment made on the Sorted Jobs Platform, please either use the "Report" function available from time to time on the Sorted Jobs Platform, or email Sorted Jobs using the contact information on the Sorted Jobs Platform.
11.9. Job Posters may choose not to accept any Offer received and is not required to accept the lowest Offer. Job Posters may withdraw any Posted Job at any time prior to accepting an offer from a Sorted Jobs Worker in accordance with clause 2.6.
11.10. A Sorted Jobs User or Sorted Jobs Worker has no obligation whatsoever to make an Offer on any Posted Job.
12.1. Sorted Jobs is entitled to suspend or terminate your account at any time if Sorted Jobs, in its sole and absolute discretion, is concerned by any feedback about You, or considers your feedback rating to be problematic for other Sorted Jobs Users.
12.2. To continue to improve our Sorted Jobs Platform, please let us know of any issue that You experience using a Third Party Service by contacting us.
13.1. Except for liability in relation to breach of any implied condition, warranty or guarantee, including under the Consumer Guarantees Act 1993, the exclusion of which from a contract would contravene any statute or cause any part of this Agreement to be void ("Non-excludable Condition"), to the extent permitted by law Sorted Jobs specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between Job Posters and Sorted Jobs Workers.
13.2. Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, Sorted Jobs specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between You and any Third Party Service Provider who may be included from time to time on the Sorted Jobs Platform.
13.3. Except for liability in relation to a breach of any Non-excludable Condition, Sorted Jobs’ liability to any User of this service is limited to the total amount of fees paid by that User to Sorted Jobs during the twelve month period prior to any incident causing liability of Sorted Jobs.
13.4. Sorted Jobs’ liability to You for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.
14.1. If You, as a Sorted Jobs Worker or Job Poster, fail to complete a transaction and do not have a lawful excuse for such failure, then in addition to Sorted Jobs’ rights under this Agreement (including any Sorted Jobs Policy) to suspend (temporarily or indefinitely) or terminate any Sorted Jobs’ account, You may be in breach of your obligations to both Sorted Jobs and the Sorted Jobs Worker or Job Poster with whom You are transacting under a Job Contract.
16.1. Except for liability in relation to any Non-excludable Condition, the Sorted Jobs service is provided on an "as is" basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to extent allowed by law.
17.1. Sorted Jobs may modify this Agreement and/ or the Policies (and update the Sorted Jobs pages on which they are displayed) from time to time. Sorted Jobs will send notification of such modifications to your Sorted Jobs account. You should check that account regularly.
17.2. Except as stated in this Agreement, in a Policy, or as otherwise notified to You, all amended terms will automatically be effective 30 days after they are initially notified to You. Each time You use the Sorted Jobs Platform in any manner after the expiry of that 30 day period or such other notice period notified to You, You acknowledge any changes to the Agreement (including the Policies) and confirm your agreement to be bound by the Agreement as it may have been varied.
17.3. If You do not agree with any changes to this Agreement (or any of our Policies), You must terminate your Sorted Jobs account and stop using the Sorted Jobs Services. Except as specifically described in or authorised by this Agreement, the terms of this Agreement and any Sorted Jobs Policy cannot be amended except in writing signed by You and Sorted Jobs.
18.1. No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular You have no authority to bind Sorted Jobs, its related entities or affiliates in any way whatsoever. Sorted Jobs confirms that all Third Party Services that may be promoted on the Sorted Jobs service are provided solely by such Third Party Service providers. To the extent permitted by law, Sorted Jobs specifically disclaims all liability for any loss or damage incurred by You in any manner due to the performance or non performance of such Third Party Service.
19.1. Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to Sorted Jobs’ contact address as displayed on the Sorted Jobs Platform, or to Sorted Jobs Users’ contact address as provided at registration. Any notice shall be deemed given:
(a) if sent by email, 24 hours after email is sent, unless the Job Poster is notified that the email address is invalid or the email is undeliverable, and
(b) if sent by pre-paid post, three Business Days after the date of posting, or on the seventh Business Day after the date of posting if sent to or posted from outside New Zealand. In this section, "Business Day" means a day on which banks are open for general business in New Zealand, other than a Saturday, Sunday or public holiday.
(c) Notices related to performance of any Third Party Service must be delivered to such Third Party as set out in Third Party Service Provider terms and conditions.
20.1. Sorted Jobs encourages You to try and resolve disputes (including claims for returns or refunds) with other Sorted Jobs Users directly. Accordingly, You acknowledge and agree that Sorted Jobs may, in its absolute discretion, provide such of Your information as it decides is suitable to other parties involved in the dispute.
20.2. Sorted Jobs may provide access to a third party dispute resolution service ("Third Party Dispute Service"). If such a service is provided, either party may require the other party to submit the Third Party Dispute Service if the parties have failed to resolve the dispute directly. Sorted Jobs confirms that Third Party Dispute Service is a Third Party Service and subject to further terms set out for Third Party Services. The Users are responsible for paying any costs associated with the Third Party Dispute Service in accordance with the Third Party Dispute Service terms and conditions.
20.3. Disputes with any Third Party Service provider must proceed pursuant to any dispute resolution process set out in the terms of service of the Third Party Service Provider.
20.4. Sorted Jobs has the right to hold any Job Payment the subject of a dispute in the Escrow Account, until the dispute has been resolved.
20.5. If You have a complaint about the Sorted Jobs Service please contact us.
20.6. If Sorted Jobs provides information of other Sorted Jobs Users to You for the purposes of resolving disputes under this clause, You acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will indemnify Sorted Jobs against any claims relating to any other use of information not permitted by this Agreement.
21.1. Either party may terminate an account and this Agreement at any time for any reason.
21.2. Termination of this Agreement does not affect any Job Contract that has been formed between Sorted Jobs Users. If You have entered a Job Contract You must comply with the terms of that Job Contract including providing the goods or services or paying the price as applicable.
21.3. Third Party Services are subject to Third Party Service provider terms and conditions.
21.4. Sections 10 (Fees), 13 (Limitation of Liability), and 20 (Mediation and Dispute Resolution) and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.
22.1. This Agreement is governed by the laws of New Zealand. You and Sorted Jobs submit to the exclusive jurisdiction of the courts of New Zealand.
22.2. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
22.3. This Agreement may be assigned or notated by Sorted Jobs to a third party without your consent. In the event of an assignment or novation You will remain bound by this Agreement.
22.4.This Agreement sets out the entire understanding and agreement between You and Sorted Jobs with respect to its subject matter.