Goodnest Limited 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 Goodnest Limited ("Company," "we," "us," or "our"). As referenced in this agreement, "Site" means the website operated by the Company and currently located at www.goodnest.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 "Goodnest" 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:
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.
Goodnest is a platform for connecting persons who are looking to engage external companies or self-employed workers to perform duties on their property (each a "Job"), and these companies or self-employed workers that are part of Goodnest's network of goods providers (each a "GP") that may be available to perform such Jobs. In the case of a Concierge Job a GP will choose to accept your Job. In the case of a Quote booking you will choose which GP performs your Job. In both cases you are free to request another GP to perform your Job.
The Company reviews applications and verifies any relevant industry registrations supplied by the GP. 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. The Company is also not responsible for any information provided to it that is incorrect or inaccurate by either the GP or third parties.
Even when accurate, these 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 you 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 Concierge 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). If you pay any applicable Fees with a credit or debit card, the Company may seek pre-authorisation of your credit or debit card account prior to your purchase or booking to verify that the credit or debit card is valid and has the necessary funds or credit available to cover your requested Job. You authorise such credit or debit card account to pay any amounts described herein, and authorize the Company to charge all sums described herein to such credit or debit card account. You agree to provide the Company updated information regarding your credit or debit card and account upon the Company's request and any time the information earlier provided is no longer valid. In the event Fees remain outstanding, you will be responsible for any related collection costs. When you make a Quote booking, the Company may help facilitate the transaction as detailed above. Alternatively, the GP may invoice you outside of the Company's systems and arrange payment directly with you.
The Company may update our Pricing Schedule for Concierge Job bookings 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. For Quote bookings the pricing and payment terms are directly negotiated between you and the GP.
Credit on your account can be redeemed against future Concierge bookings. When making a Concierge booking through Goodnest Ltd, we will automatically apply any available credit on your account first. Unused credit will expire 12 months after the last transaction on your account. Credit and discounts can not be applied to Quote bookings.
For a recurring service, a customer subscribes for a defined period of time for recurring Jobs with the company.
When a customer reschedules their service, the reschedule is treated as a cancellation and the standard Refund Policy applies.
When you sign up for the Service, the Company may need to send you SMS or Push Messages in order to confirm your phone number or keep you informed about your Job a GP may be performing for you. Additionally a GP may message you regarding a job they are either quoting or performing for you. Some of these messages may be necessary for the fulfilment of the Service and cannot be opt-ed out of. Depending on your current phone carrier plan, you may incur Fees for these SMS or Push Messages, and agree to not hold the Company liable for any Fees incurred.
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.
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.
For home cleaning, the Company has a $3,000,000 public liability policy with AON New Zealand (the "Policy"). The Policy covers each home cleaning GP when they are in your property and covers liability towards any bodily injury to GP's when they are in your property and any accidental damage to your property. The Policy does not however cover any act of theft or poor workmanship. 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. The Company requires to be notified of any damages or breakage within 24 hours of the booking. 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. For other services the GP has agreed to provide their own insurance and has agreed that they're liable for any damage. For plumbing, electrical, and handyman GPs performing a Concierge Job, that do not have their own insurance, a $3,000,000 public liability policy with AON New Zealand is in place with the same coverage and limitations as defined by The Policy above. This policy does not cover any Quote bookings.
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 your (or their) use 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:
To cancel a Concierge 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 support . To cancel a Quote booking you will need to contact the GP directly and will be liable for any cancellation fee they have. For Quote bookings, we recommend communicating with the GP and understanding any terms they have prior to hiring them.
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 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
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. While the Company tracks feedback, verifies any claimed registrations or memberships, the Company makes no representation or warranty regarding the quality, accuracy, reliability, safety, completeness, fitness, or nature of any Services provided by a GP.
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.
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.
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.
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 support or by mail at: Goodnest Ltd, PO Box 106 242, Auckland 1143.