Your use of Our Site, and the Services is subject to these terms and conditions together with any additional terms and policies referred to in them (“Our Terms”).

These terms and conditions of service together with any terms and policies referred to in them (Our Terms) constitute a legally binding agreement between you and Taskly NZ Ltd (“Taskly”, “Taskly NZ Ltd”, “we”, “us” or “our”).

USE OF OUR SITE

Our Terms govern your use of our website (“Our Site”) and the Services. By using Our Site, or Services, you agree to comply with Our Terms. Please read Our Terms carefully and thoroughly. If you do not accept Our Terms, you must not make a booking through Taskly for any Professional Service.

PERSONAL DATA

In order to provide the Services, we may collect personal data from you. Before making a booking or purchase through us, please read our privacy policy.

ELIGIBLE USE

You confirm that you are of legal age to access and use Our Site, and/or the Services and are of legal capacity to agree to Our Terms. You are not eligible to use the Services if you are under the age of 18. Our Terms apply to individuals only; for any corporate bookings or purchases, please contact us at info@taskly.co.nz

OUR SERVICES

Taskly provides a booking and purchase service (the Services). The Services allow you to book a range of Professional services (Professional Services) that are performed in each and every case by independent self-employed professionals (Service Providers). In providing the Services, Taskly acts as the agent of the Service Providers. Taskly has no responsibility for any Professional Services which you book or purchase through us: we are simply involved with the booking and/or purchase process, as well as providing ancillary services (including an online booking service) as explained below.

The Services we offer allow you to search through Our Site and purchase Professional Services from a number of Service Providers. In enabling you to purchase Professional Services, we are acting as the commercial agent of those Service Providers. As part of the Services, we also provide some ancillary services such as assisting with customer service issues (again in our capacity as agent for the Service Providers).

However, as stated above, the contract for the purchase of the Professional Services is between you and the Service Provider. This means that it is the Service Provider (not us) who is legally responsible for providing the Professional Service. However, Taskly remains responsible in respect of its obligations to you in accordance with Our Terms which shall be legally binding. If you have any questions, complaints or requests for refunds, we can be contacted directly at info@taskly.co.nz. Taskly will remain the point of contact for you for customer service questions.

Taskly shall, if requested, provide intermediary services between you and a Service Provider in connection with customer service or dispute resolution matters.

BOOKING AND PURCHASE PROCESS

You can make a booking through Our Site by choosing a Service Provider. Your payment details will be requested at the time of booking and payment will be collected when you make a booking. Full payment for the service is due at the time of booking with the Service Provider through us. Full details of the prices are referred to below.

The Service Fee belongs to the Service Provider who provides the Professional Service. Taskly, as the Service Provider's agent, collects or arranges for a third party to collect on our behalf, the Service Fee from you. Our receipt of the full Service Fee will discharge your debt to the relevant Service Provider in respect of that booking. We are appointed by Service Providers to conclude bookings on their behalf as their commercial agent. Once your booking is accepted by us on behalf of the Service Provider, you will receive confirmation of your appointment from us by email.

By making a booking, you are responsible for:

• Full payment of the applicable Service Fee;
• Ensuring the Service Provider has access to your Designated Premises which must, in all cases, represent a suitable space in which the Professional Service can be performed, with all appropriate facilities (including adequate lighting and heating); and
• Ensuring the health and safety of the Service Provider whilst at your Designated Premises.
• Ensuring that you can provide a valid Covid 19 vaccination passport.

YOUR RESPONSIBILITIES

In addition to the responsibilities noted above, it is your responsibility to provide complete and accurate information at the time of booking or purchase. Failure to provide complete and accurate information (including confirmation of a Covid 19 vaccination certificate) may result in a rejection of your booking request, cancellation of your booking, or an inability of the booked Service Provider to provide the Professional Service as requested. Such failure may lead to your payments being ineligible for refund, or a loss or incorrect delivery of your booking or Order Confirmation. In such cases where there has been a failure on your part to provide us with accurate information, our cancellation and refund policy will apply.

PAYMENT

All Service Fees are payable through Our Site. We collect or arrange collection of payment of Service Fees on behalf of the Service Provider. In each case, our receipt of your payment as an agent for the Service Provider discharges your debt to that Service Provider for the amount paid. We will do all that we reasonably can to ensure that all of the information you give us when paying for the Professional Service is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on the part of Taskly, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you may give us at any time. 

All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via Verified by Visa where applicable. By making a booking or purchase you agree to provide complete, correct and true information including without limitation billing and payment information.

PRICES
The price of Professional Services (each a “Service Price” and collectively “Service Prices”) varies according to the type and duration of the Professional Service you book and also the Service Provider you have selected. Service Prices are liable to change at any time and according to fluctuations in demand across the platform, but changes will not affect any booking which you have already made.

All fees and charges are exclusive of GST where applicable or unless specified otherwise.

CANCELLATIONS AND REFUNDS

We understand that plans can change. Depending on the progress of the booking, different options are available. Our policy is required to protect and compensate providers and cover the costs involved in the event of a cancellation.

Confirmed bookings cannot be rescheduled; you must cancel the confirmed booking (fees may apply, see below) and create a new booking to change the time or date. Learn how to cancel a booking.

Booker Cancellations:

• If you self-cancel your booking more than 24 hours before the scheduled start time, you will be refunded 100% of the booking amount. 
• If you self-cancel your booking between 24-2 hours before the scheduled start time, you will be refunded 75% of the booking amount. 
• If you self-cancel your booking less than 2 hours before the scheduled start time, you will not be refunded.
  

Practitioner Cancellations:

• If your practitioner is unable to make your booking for any reason (e.g. an emergency or car trouble), you will be refunded 100% of the booking amount.
• You will receive an email notification if your practitioner cancels your booking.
  

If you are due a refund for a booking, it will be paid to you within 72 hours of the cancellation date.

You will not be refunded if you:

• Attempt to cancel a booking on or after the Service start time; or
• Fail to attend a booking at the Service start time and/or at the designated premises.
• Fail to provide accurate information for your Service Provider to attend the designated premises
• Fail to provide accurate and complete contact details or personal information such as but not limited to full name phone number and address
• Have had inappropriate behaviour reported, which ends the Service early.
  

A cancellation fee is charged in order to compensate the Service Provider because it is not reasonable to expect the Service Provider to be able to provide a Professional Service at another booking where you cancel with short or no notice.

Cancellation fees may in our absolute discretion be waived where you have been unable to cancel a booking without incurring the cancellation fee for genuine reasons which were outside of your control. Where cancellation fees are waived by us, we act as the agent of the Service Provider who is the principal in supplying the Professional Service.

EXTENSIONS AND DELAYS

If you wish to extend the time you have booked a Professional Service, the Service Provider will endeavour to fulfil your request. This is subject to the availability of the Service Provider and payment of an additional charge.

If you are delayed and unable to start the Professional Service at the Designated Premises at the Appointment Time by more than 10 minutes then, unless the Service Provider agrees to the contrary (which is within the sole discretion of the Service Provider) the Service Provider is entitled to end the Professional Service at the time agreed when the booking was made without making any adjustment to the Service Price to reflect the reduced time of the Professional Service. 

TASKLY ACTS ONLY AS AN INTRODUCER

Our services enable those seeking Professional Services to book appointments with Service Providers seeking to provide such Professional Services. Whilst Taskly assesses Service Providers who wish to provide Professional Services to the best of our ability, we do not guarantee or warrant, and make no representations regarding the reliability, quality or suitability of Service Providers. This is entirely a matter for you. 

Taskly does not give any warranty or make any representation that the Service Providers have approved qualifications to be a service provider, however, each Service Provider must complete an approved onboarding process to receive access to the Platform and can be removed from the Taskly Network at any time.

Taskly does not have any obligation to conduct continuous background checks on any Service Provider and has no obligation in respect of any service they may provide.

When interacting with any Service Provider you should exercise caution and common sense to protect your personal safety, details and property, just as you would when interacting with other persons who are unknown to you.

PROHIBITED USE

The Services are for your personal and non-commercial use and must only be used for the purposes of inquiring about or making bookings for Professional Services. You must not use Our Site, or the Services to do any of the following (each of which is strictly prohibited):

• Engage in any inappropriate behaviour including but not limited to illicit or sexually suggestive remarks, sexual advances, drug use, excessive drinking and/or other inappropriate behaviour;
• Restrict or inhibit any other user from using and enjoying the Services;
• Infringe the privacy rights, property rights, or other civil rights of any person;
• Harass, abuse, threaten or otherwise infringe or violate the rights of Service Providers, Taskly (including its employees and personnel) or others;
• Harvest, data-mine or otherwise collect information about others, including email addresses, without their consent;
• Use technology or other means to access our computer network, unauthorised content or non-public spaces;
• Introduce or attempt to introduce any viruses or any other harmful code, files or programs that interrupt or otherwise or limit the Services, or Our Sites functionality, or damage, disable or otherwise impair our servers or networks or attempt to do the same; or
• Engage in or encourage others to engage in criminal or unlawful conduct or breach Our Terms including misuse of the Services for unlawful or unauthorised purposes.

You agree not to breach Our Terms in any way which may result in, among other things, termination or suspension of your access to the Services. We reserve the right to disclose information of suspicious behaviour related to but not limited to any of the listed above to law enforcement.

INTELLECTUAL PROPERTY

Taskly, the Taskly logo, brand and all other intellectual property rights, trademarks, service marks, graphics and logos used in connection with the Site, or the Services (whether registered or unregistered) belong to us or our licensors (as are applicable) and are protected by intellectual property law.

DISCLAIMER

As noted above, we introduce individuals seeking Professional Services to Service Providers seeking to provide such Professional Services. We are not liable or responsible for the fulfilment of any booking or the performance of the Service Provider. You acknowledge and agree that we are not responsible for addressing any claims you have as regards any Service Provider or any Professional Services, however, we do try to assist by providing intermediary services around resolving disputes and complaints as mentioned above.
By using Our Services you acknowledge and agree that:

1. Taskly does not employ the Service Providers;
2. Taskly does not participate in the interaction between you and the Service Provider except to the extent necessary to provide the Platform and the Support to facilitate the interaction, including the invoicing and processing of the Service Fee on behalf of Service Providers;
3. Any Third Party Sites are not controlled by Taskly and do not form part of the Platform. You agree that you will not hold Taskly liable or in any way accountable for anything that occurs on any Third Party Site; and
4. You enter into these Terms and use the Platform entirely at your own risk.

OUR SERVICES ARE FOR GENERAL INFORMATION ONLY

Content on Our Site which is made available as part of the Services is provided for your general information purposes only. Nothing contained on Our Site or communicated in any other way as part of the Services constitutes, or is meant to constitute, advice, opinion or guidance of any kind. We are not a healthcare provider nor do we provide medical advice or medical Service. References on Our Site and elsewhere to “Service” and “therapy” or any similar terms do not refer to medical Service or medical therapy. The information presented on Our Site, and otherwise as part of the Services is not intended to diagnose health problems or to take the place of professional medical care. Should you have a medical issue you should always consult with a qualified medical professional.

WE CAN NOT GUARANTEE OUR SITE OR THE SERVICES

We make no warranty or guarantee that Our Site, or any other aspect of the Services is suitable for your intended use, error-free, timely, reliable, entirely secure, virus-free or available. We make no guarantee of particular results or outcomes by use of Our Site, or any other aspect of the Services.

We are not liable or responsible for any errors in or failure to provide the Services due to your error or failure to provide accurate and complete information. 

Whilst we make every effort to ensure that the Services are available, we do not represent, warrant or guarantee in any way the continued availability at all times or the uninterrupted use by you of the Services. 

We reserve the right to suspend or cease the operation of all or part of the Services from time to time at our sole discretion.

Use of Our Site, and the Services is on an “as-is” and “as-available” basis. To the maximum extent permitted at law in no event shall we be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, loss of data, lost revenues, loss of goodwill, loss of anticipated saving or profits, or arising out of or in any way connected with the use or performance of the site or services, or with the delay or inability to use the site or services, or with the provision of or failure to provide the site or services.

INDEMNITY

You agree to defend and indemnify us from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, that arise from or relate to your use or misuse of, or access to the Services and otherwise from your violation of Our Terms.

• General Indemnity
• You agree to indemnify Taskly, on demand, against any claim, action, damage, Loss, liability, cost, charge, expense or payment which Taskly may pay, suffer, incur or are liable for, in relation to any activity you do or cause to be done, in breach of these Terms.

• General Limitation of Liability
• We will not be liable to you in contract, tort or equity in relation to any direct, indirect or consequential loss you incur in relation to the contents or use of or reliance on Site Content or otherwise in connection with the Platform.

• Information Accuracy
• You acknowledge and agree that some of the Site Content may be provided by way of blogs or comments made by us, you or other users of the Platform or Website, and that Taskly does not accept any liability for the accuracy of such information or your reliance on the same. The Site Content is provided to you as general information only and is not intended to substitute or replace the advice of a duly qualified professional (where applicable).
• Acceptance
• By using this Platform, you agree and accept that the indemnity and limitations of liability provided in this clause are reasonable.

You acknowledge that:

1. Taskly is not responsible or liable for acts of the Service Providers in relation to the provision of the Services;
2. We do not guarantee or give any representations or warranties:
3. as to the integrity, reliability or solvency of Service Providers;
4. as to the competence, skills, qualifications or expertise of Service Providers or their capability to complete a job;

iii. as to the content, safety, description, quality or legality of your listings;

1. The Service Providers are not employees, contractors, or agents of ours;
2. We are not responsible for the misconduct of Service Providers, including those that have registered on the Taskly Platform under false pretences or who attempt to defraud you.

You acknowledge and agree that all transactions and another contact between you, the Service Provider, and the User are conducted entirely at your own risk and that we do not act as an agent for You and/or the Service Provider and the User, nor do we participate in any transactions between You and/or the Service Provider and the User (except in our role of facilitating payments between You and the User).

The Taskly Platform is provided on an "as is" basis. To the maximum extent permitted by law, all warranties and representations (whether express, implied, or statutory) relating to the Taskly Platform are excluded.

While we do our best to ensure that the information on the Taskly Platform is accurate and up-to-date, errors and omissions may occur from time to time. We do not accept any liability for any loss or damage which may directly or indirectly result from your use of or reliance on any advice, opinion, information, representation, or omission contained on the Taskly Platform.

To the maximum extent permitted by law, our liability under or in connection with these Terms, the Taskly Platform, or your use of the Taskly Platform (regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise) is excluded. Our liability 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.

If, for any reason, we are liable to you or any other person, then our maximum potential liability for any liability, loss, damage, or cost shall not exceed an amount equal to the Service Provider's Fee in respect of which the liability arises as agreed between you and the User or the sum of NZ$100, whichever is the lesser amount.

You agree to indemnify us from and against all actions, claims, costs (including legal costs on a full indemnity basis), losses, proceedings, damages, liabilities, or demands incurred by us or any of our directors, officers, employees, agents, contractors, and representatives arising directly or indirectly out of

1. your and/or the Service Providers' access to or use of the Taskly Platform;
2. your and/or the Service Providers' Provision of Services to Users;
3. your and/or the Service Providers' breach of these Terms;
4. the exercise or enforcement, or attempted exercise or enforcement, by us of any of our rights or remedies, including in respect of the recovery of any outstanding fees from you and/or the Service Providers.

If you breach these Terms, then without limiting any other rights and remedies available to us, we may (at our absolute discretion) limit your activities on the Taskly Platform, remove your listings or other content, warn User, Service Providers, and/or service companies of your actions, issue a warning to you and/or suspend or terminate your account.

MODIFICATION AND TERMINATION

We may modify Our Terms or terminate use of the Services at any time by giving notice to you. If you do not agree to any changes, you must stop using the Services. We may also change, suspend, terminate or discontinue any aspect of the Services including the availability of certain features at any time for any reason.

SEVERABILITY

If any provision of Our Terms is deemed or becomes invalid, the validity of the other provisions shall not be affected.

GOVERNING LAW AND JURISDICTION

You agree that Our Terms for all purposes, shall be governed by and construed in accordance with New Zealand law. Please email info@taskly.co.nz for any other enquiries.