Terms & Conditions
Last Updated: 1 February, 2018
Application of Terms and Conditions
1. Access: These Terms and Conditions (the “Terms”) apply to the access or use by you of the applications, websites, content, services and products (the “Platform”) made available by Green Acres GO Ltd (“Green Acres GO”). By accessing and/or using the Platform:
(a) You agree to these Terms and the Privacy Policy; and
(b) Where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to and agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
2. Authority: If you do not agree to these Terms, you are not authorised to access or use the Platform, and you must immediately stop doing so.
3. Entire Agreement: These Terms expressly supersede all previous agreements or arrangements with you.
4. Amendments: Green Acres GO may change these Terms from time to time. Any such changes will be effective upon Green Acres GO updating these Terms on the applicable Platform and providing you notice of the same on the Platform (as applicable). By continuing to access and use the Platform, you agree to be bound by the changed Terms.
5. Use: Green Acres GO may change, suspend, discontinue, or restrict access to, the Platform without notice or liability.
The Platform:
6. Platform: The Platform provides a technology platform where persons who seek cleaning, lawn mowing and similar types of services (the “Services”) can be matched with independent selfemployed providers of such Services that are part of Green Acres GO’ network of service providers that are available to perform such Services (the “Independent Providers”).
7. Intellectual Property: You acknowledge and agree that:
(a) The Platform and all intellectual rights therein are and shall remain the property of Green Acres GO (or its licensors). These rights include but are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together and the right to apply for protection of the same (the “Platform IP”);
(b) Any questions, comments, suggestions, ideas, feedback or other similar submissions (“Submissions”) provided by you on the Platform (or otherwise related to the Platform and/or Services) are non-confidential. Green Acres GO retains the right and discretion (but not the obligation) to edit, delete, reject or remove any Submissions. You grant Green Acres GO a non-exclusive, royalty-free, perpetual, worldwide licence to republish any Submissions, without limitation, in any format. For the avoidance of doubt, any Submissions by you must comply with these Terms; and
(c) Neither these Terms nor your use of the Platform and/or Services convey or grant to you any right to:
(i) Create any materials that incorporate the Platform IP or any derivatives of the Platform IP;
(ii) Take any action that would jeopardise or impair Green Acres GO’ rights as owner of the Platform IP or the legality and/or enforceability of the Platform IP;
(iii) Except for the limited license granted below, to use or reference in any manner the Platform IP.
(d) Subject to your compliance with these Terms, Green Acres GO grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferable licence to access and use the Platform on your personal device solely in connection with your use of the Platform to procure Service and to access and use any content, information and related materials that may be made available through the Platform, in each case solely for your personal non-commercial use.
(e) Violation of any of the above may result in immediate termination of your access and use of the Platform.
Warnings
8. Services / Independent Providers: You acknowledge and agree that the Platform may be used by you to request and schedule the provision of the Services with Independent Providers and that all such Services are provided by Independent Providers who are not employed by, or agents / representatives of Green Acres GO (i.e. Green Acres GO does not take part in the provision of the Services). In addition, you acknowledge and agree that Green Acres GO is not party to any agreement between you and Independent Providers and it has no responsibility or liability to you or Independent Providers related to the provision of the Services through the use of the Platform (including, but not limited to, personal injury), other than as expressly set out in these Terms.
9. Disclaimer: You expressly understand and agree that:
(a) Your use of Independent Providers to provide the Services arranged or scheduled using the Platform is at your own risk and judgment;
(b) When dealing with Independent Providers, you should ensure that you use common sense and caution to ensure the protection of you and others’ personal property and safety;
(c) The Services are provided on an “as is” and “as available” basis. Green Acres GO gives no undertakings, representations or warranties in relation to the Independent Providers and/or the Services provided by those Independent Providers, including but not limited to the qualifications, suitability, safety or ability of the Independent Providers. It is your responsibility to determine if an Independent Provider will meet your needs and expectations;
(d) Green Acres GO performs criminal records checks of Independent Providers and does not engage any persons which in Green Acres GO’ reasonable opinion are not suitable to provide the Services;
(e) Independent Provider’s do not have any authority to make any amendments to these Terms and that any statements, representations or warranties made by an Independent Provider or any third party are disclaimed by Green Acres GO and do not expand or otherwise modify these Terms; 3302659_1
(f) Green Acres GO makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Platform, the Services and/or Independent Providers.
12. Liability: You agree that, to the maximum extent permitted by law, any and all responsibility of Green Acres GO to you or any other person under or in connection with these Terms, or in connection with the Platform, the Services, an Independent Provider’s acts or omissions, or your use of or inability to use the Platform or the Services, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity or otherwise. Green Acres GO’ liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss. In no event will Green Acres GO’ liability to you under these Terms exceed the total price paid by you for the relevant Services under which the liability arose, whether such cause of action is brought in contract, tort, warranty or otherwise.
13. Indemnity: You agree that you will be personally liable for your use of the Platform and you agree to release, indemnify and keep indemnified Green Acres GO from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by Green Acres GO to any person arising out of or in connection with your failure to comply with these Terms.
14. Protective Action: For the protection of users of the Platform, Green Acres GO may suspend or disable / terminate your Account (defined at clause 16 below) with or without notice to you if Green Acres GO considers that:
(a) Suspending or disabling your Account is necessary to maintain the integrity or security of the Platform, the Services and/or Green Acres GO; or
(b) The Account is being misused or has otherwise been compromised; or
(c) If Green Acres GO receives a serious complaint or multiple complaints are received about you and/or your Account from Independent Providers;
(d) If, Green Acres GO, at its sole discretion, deem your behaviour to be unacceptable; or
(e) You breach these Terms.
Where appropriate, Green Acres GO will notify you of any suspension or disabling of your Account as soon as practicable after doing so. You may at any time close your Account by giving us three days’ notice in writing. If you close your Account, or if it is terminated by Green Acres GO, your ability to use the Services and the Platform will end.
15. Protecting Account: You are responsible for keeping your Account information secure, in this respect you agree:
(a) Not to disclose your password to anyone, including Independent Providers; and
(b) Not to permit anyone else to use your Account.
Use of the Platform
16. Use: In order to use the Platform and have access to the Services, you must register for and maintain an active account on the Platform (the “Account”). You must be 18 years of age to have an Account. 3302659_1
17. Account: Account registration requires you to submit to Green Acres GO certain personal information, such as your name, address, mobile number, age and at least one valid payment method. You agree to maintain accurate, complete, and up-to-date information in your Account. Failure to maintain accurate, complete, and up-to-date Account information may result in your inability to use the Platform and/or the Services or Green Acres GO’ termination of these Terms with you. You are responsible for all activity that occurs under your Account. Unless otherwise permitted by Green Acres GO in writing, you may only possess one Account.
18. Restrictions: With respect to your use of the Platform and your participation in the Services you agree that you will not:
(a) Interfere with or disrupt the Services or the Platform or the servers or networks connected to the Platform;
(b) Post information or interact on the Platform or Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libellous, abusive, obscene, profane, offensive, threatening, harassing or illegal;
(c) Use the Platform in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
(d) Post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
(e) Remove any copyright, trademark or other proprietary notices from any portion of the Platform;
(f) Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform;
(g) Use any robot, spider, site/search retrieval application, or other manual or automatic device or process to retrieve, index, scrap, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or its contents;
(h) Link to, mirror or frame any portion of the Platform;
(i) Attempt to gain unauthorised access to or impair any aspect of the Platform or its related systems or networks;
(j) Cause any third party to engage in any of the restricted activities above.
19. Communications: By creating an account, you agree to receive communications from Green Acres GO and the Independent Providers, including via e-mail, text message, calls and push notifications. Such communications may consist of (but are not limited to): operational communications concerning your Account or use of the Platform or Services, updates concerning new and existing features on the Platform and promotions run by Green Acres GO or its third-party partners. You may choose to opt-out of receiving such communications at any time by contacting Green Acres GO on admin@greenacresgo.co.nz however you acknowledge that opting out of such communications may impact your use of the Platform and Services. 3302659_1
20. Network access / devices: You are responsible for obtaining the data network access and personal device(s) necessary to use the Platform. Green Acres GO does not guarantee that the Platform, or any portion thereof, will function on any particular hardware or devices. You acknowledge that the Platform may not be error-free and subject to malfunctions and delays inherent in the use of internet and electronic communications and that you may be charged for data use and/or text messaging by your network provider in relation to your use of the Platform.
21. User content: From time to time, you will be required to provide certain information via the Platform (“User Content”). In this respect, you grant Green Acres GO a worldwide, perpetual, irrevocable, transferable, royalty-free licence, to use, copy, modify, create derivative works of, distribute, publicly display and publicly perform such User Content in all formats and distribution channels, without further notice to you or consent from you, and without the requirement of payment to you or any other person or entity. By providing the User Content you represent and warrant that neither the User Content nor our use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
22. Promotions: Green Acres GO, at its sole discretion, may make available various promotions to users of the Platform and/or Account holders. You agree that Green Acres GO may include additional terms (upon providing you a copy of such) that attach to your use of such promotions. Such terms may include but are not limited to: (i) only using the promotion for the specific purpose that Green Acres GO establishes for such promotion; and (ii) that promotions are not exchangeable for cash.
Payment
23. Services Fees Payable: You acknowledge and agree that:
(a) You will be liable to pay amounts charged for the Services you receive from Independent Providers (“Service Fees”) (such Service Fees to be paid to and received by Green Acres GO on behalf of the Independent Providers, in accordance with clauses 24 and 25 below);
(b) Green Acres GO shall be entitled to retain a portion of the Service Fees paid to it on behalf of Independent Providers in consideration for Green Acres GO providing the Independent Provider with access to the Platform;
(c) Green Acres GO has the authority and reserves the right to determine and modify the Service Fees that apply to the provision of Services (as applicable). In this respect, pricing may vary based on the type of Services you request
(d) After requesting Services via the Platform, you may cancel such request through the Platform, but in certain cases a cancellation fee may apply;
(e) Other charges may be payable by you in relation to the provision of the Services, for costs such as, petrol, road tolls and other similar fees in relation to the Independent Supplier commuting to your property. These charges will be notified to you prior to the Services being provided.
24. Facilitation of payment of Service Fees: Following the provision of the relevant Services, Green Acres GO will facilitate and receive your payment of the Service Fees on behalf of the Independent Provider, as the Independent Provider’s payment collector (in accordance with the clause 25 below). For the avoidance of doubt, making payment to Green Acres GO in accordance with clause 25 below shall be a good and valid discharge of your obligation to make payment of the Service Fees to the Independent Provider. 3302659_1
25. Payment of Service Fees: Service Fees shall be payable by you immediately following the provision of the Services and will be automatically made by you via your Account, using the designated payment method on your Account - your agreement of these Terms is deemed to be your Green Acres GO authorisation to make payment of the Services Fees in accordance with the above. You agree to provide Green Acres GO updated information regarding your designated payment method on your Account upon Green Acres GO’ request and at any time such information becomes no longer valid.
26. Non-Refundable / Taxes: Unless the Services are cancelled in accordance with clause 27, all Service Fees are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Platform or any other reason whatsoever. You are liable for any and all taxes (other than taxes based on Green Acres GO’ income) related to the Services performed by Independent Providers.
27. Cancellation: To cancel any Services booked using the Platform, you must provide a minimum of 24 hours’ notice prior to when the relevant Services are scheduled to commence.
Miscellaneous
28. Resolution of Disputes: Green Acres GO is not party to the provision of Services provided to you by any Independent Providers and therefore you agree not to involve, or attempt to involve, Green Acres GO in any dispute or in the resolution of disputes that arise between you and an Independent Provider in relation to the Services.
29. Events beyond Control: No party shall be liable to any other party for its inability to perform any obligations under these Terms and Conditions caused by Force Majeure Event. In this clause 29 “force majeure” shall mean any cause preventing either party from performing any or all of its obligations which arises from or is attributable to any of the following acts, events, or omissions (or the direct consequences thereof) where such act, event, or omission is beyond the reasonable control of the party so prevented:
(a) Act of God, earthquake, flood, fire, storm, or adverse weather conditions for which provision could not reasonably have been made;
(b) Sabotage, riot, civil disturbance, insurrection, epidemic, national emergency (whether in fact or law) or act of war (whether declared or not);
(c) Strike, lockout, work stoppage, or other labour disruptions;
(d) Governmental restraint, expropriation, prohibition, intervention, direction, or embargo; or
(e) Foot and mouth disease or any other livestock disease or epidemic (or public perception of disease or epidemic) which prevents, restricts or impacts on the supply of Products,
Each party’s performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues. Each party will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which their obligations under these Terms may be performed despite the Force Majeure Event.
30. Governing Law: These Terms and Conditions shall be governed by and interpreted in accordance with the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand. 3302659_1
31. Assignment: You may not assign or transfer your obligations under the Terms, in whole or in part, by operation or law or otherwise, without Green Acres GO’ written consent. Green Acres GO may assign its obligations and rights under the Terms without notice.
32. Severability: If any clause or part of any clause is in any way unenforceable, invalid or illegal, it is to be read down so as to be enforceable, valid and legal, if this is not possible, the clause (or where possible, the offending part) is to be severed from these Terms without affecting the enforceability, validity or legality of the remaining clauses (or parts of those clauses) which will continue in full force and effect.
33. Non-Waiver: If Green Acres GO does not exercise or enforce any right available to it under the Terms, it does not constitute a waiver of those rights.
34. Contract Information: If you have any questions regarding these Terms, please contact us at admin@greenacresgo.co.nz