Terms and conditions

Service365 provides an online booking system that connects service providers and clients to have door-to-door services(collectively, the "Services"), which are accessible at https://www.service365.co.nz. By using the Site, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Services and all Collective Content, and your participation in referral and other promotion programs undertaken by us from time to time, and constitute a binding legal agreement between you and Service365. Please read carefully these Terms and Conditions


Account Registration

In order to access certain features of the Site and book a Service, you must register to create an account ("Service365 Account") and become a Member. To publish a Service you must register to create a business account ("Service365 Business Account") and become a Service Provider.

You can also register to become a Member by logging into your account with certain third party social networking sites ("SNS") (including, but not limited to, Facebook); each such account, a "Third Party Account", via our Site, as described below. As part of the functionality of the Site and Services, you may link your Service365 Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Service365 through the Site, Services or Application; or (ii) allowing Service365 to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Service365 and/or grant Service365 access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Service365 to pay any fees or making Service365 subject to any usage limitations imposed by such third party service providers. By granting Service365 access to any Third Party Accounts, you understand that Service365 will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account ("SNS Content") so that it is available on and through the Site, Services and Application via your Service365 Account and Service365 Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, shall be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Service365 Account on the Site, Services and Application. Please note that if a Third Party Account or associated service becomes unavailable or Service365’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Service365 Account and your Third Party Accounts, at any time, by accessing the "Settings" section of the Site.


Services

As a Service Provider, you can publish your Service. To this end, you will be asked a variety of questions about the Service to be listed, including, but not limited to, the location, description, pricing and related rules and financial terms. Services will be made publicly available via the Site and Services. Members will be able to book your Service via the Site and Services based upon the information provided in your Service. You understand and agree that once a Member booked a Service, the price for such booking may not be altered.

You acknowledge and agree that you are solely responsible for any and all Services you post. Accordingly, you represent and warrant that any Service you post and the booking of, a Service you post (i) will not breach any agreements you have entered into with any third parties, (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Service included in a Service you post, including, but not limited to, zoning laws, health laws, license laws and any other applicable laws governing properties and food and (b) not conflict with the rights of third parties; and (iii) agree not to invite any persons other than Member at a Service. Please note that Service365 assumes no responsibility for a Service Provider’s compliance with any applicable laws, rules and regulations, or a Service Provider’s failure to comply with the aforesaid covenants.

You understand and agree that Service365 does not act as an insurer or as a contracting agent for, or representative of, you as a Service Provider, and if a Member requests a booking of your Service and consumes your Service, any agreement you enter into with such Member is between you and the Member and Service365 is not a party thereto. Notwithstanding the foregoing, Service365 serves as the limited authorized payment collection agent of the Service Provider for the purpose of accepting, on behalf of the Service Provider, payments from Member of such amounts stipulated by the Service Provider.

Please note that Service365 reserves the right, at any time and without prior notice, to remove or disable access to any Service for any reason, including Services that Service365, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.

When you publish a Service you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Service, including, but not limited to, requiring Members to have a verified address or verified phone number, in order to book your Service. Any Member wishing to book Services included in Services with such requirements must meet these requirements.

If you are a Service Provider, Service365 makes certain tools available to you to help you to make informed decisions about the service time and any other details to confirm for your Services. You acknowledge and agree that, as a Service Provider, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Service at your request or invitation.

Service365 recommends that Service Providers obtain appropriate insurance for their Services and Services. Please review any insurance policy that you may have for your Service carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of persons (including the Member and any other individuals to the Service, if applicable) while at your Service.


Bookings and Financial Terms

Bookings and Financial Terms for Service Providers

If you are a Service Provider and a booking is requested for your Service via the Site and Services, you will be required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by Service365 in its sole discretion) or the booking request will be automatically processed. When a booking is requested via the Site, we will share with you (i) the physical address, first and last name of the Member who has placed the order for the Service, (ii) a link to the Member’s Service365 Account profile page, and (iii) an indication that the name that the Member provided to Service365 when the Member became a Member matches the name that the Member provided to the SNSs to which the Member has linked his or her Service365 Account, so that you can view such information before confirming or rejecting the booking. If you are unable to confirm or decide to reject a booking of a Service within such 24 hour period, any amounts collected by Service365 for the requested booking will be confirmed.

When you confirm a booking requested by a Member, Service365 will send you an email such booking, depending on the selections you make via the Site.

The fees displayed in each Service are comprised of the Service Fees and the Service Fees. Where applicable, Taxes may be charged in addition to the Service Fees and Service Fees. The Service Fees, the Service Fees and applicable Taxes are collectively referred to in these Terms as the "Total Fees". The amounts due and payable by a Member solely relating to a Service Provider’s Service are the "Service Fees". Please note that it is the Service Provider and not Service365 which determines the Service Fees. Service365 may charge a fee to Member based upon a percentage of applicable Service Fees when paying online, which are the "Online Payment Fees". The Online Payment Fees are added to the Service Fees to calculate the Total Fees (which will also include applicable Taxes) displayed in the applicable Service. Service365 may collect the Total Fees at the time of booking confirmation (i.e. when the Service Provider confirms the booking within 24 hours of the booking request) and will remit the Service Fees (less Online Payment Fees) to the Service Provider ON FIRST AND SIXTEENTH OF A MONTH.

Each Service Provider hereby appoints Service365 as the Service Provider’s limited payment collection agent solely for the purpose of accepting the Service Fees from Member.

Each Service Provider agrees that payment made by a Member through Service365, shall be considered the same as a payment made directly to the Service Provider, and the Service Provider will make the Services available to the Member in the agreed-upon manner as if the Member has received the Service Fees. Each Service Provider agrees that Service365 may, in accordance with the cancellation policy selected by the Service Provider and reflected in the relevant listing, (i) permit the Member to cancel the booking and (ii) refund to the Member that portion of the Service Fees specified in the applicable cancellation policy. Each Service Provider understands that Service365 accepts payments from Member as the Service Provider’s limited payment collection agent and that Service365’s obligation to pay the Service Provider is subject to and conditional upon successful receipt of the associated payments from Member. Service365 does not guarantee payments to Service Providers for amounts that have not been successfully received by Service365 from Member. In accepting appointment as the limited authorized agent of the Service Provider, Service365 assumes no liability for any acts or omissions of the Service Provider.

Please note that Service365 does not currently charge fees for the creation of Services. However, you acknowledge and agree that Service365 reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Services. Please note that Service365 will provide notice of any Service fee collection via the Site, prior to implementing such a Service fee feature.


Bookings and Financial Terms for Member

The Service Providers, not Service365, are solely responsible for honoring any confirmed bookings and making available any Services reserved through the Site. If you, as a Member, choose to enter into a transaction with a Service Provider for the booking of a Service, you agree and understand that you will be required to enter into an agreement with the Service Provider and you agree to accept any terms, conditions, rules and restrictions associated with such Service imposed by the Service Provider. You acknowledge and agree that you, and not Service365, will be responsible for performing the obligations of any such agreements, and Service365 is not a party to such agreements and disclaims all liability arising from or related to any such agreements.

Services will specify the Total Fees. As noted above, the Service Provider is required to either confirm or reject the booking within 24 hours of when the Service will start or the requested booking will be automatically confimed. If a requested booking is cancelled (i.e. not confirmed by the applicable Service Provider), any amounts collected by Service365 will be refunded to such Member, depending on the selections the Member makes via the Site.

You agree to pay Service365 for the Total Fees for any booking requested in connection with your Service365 Account if such requested bookings are confirmed by the applicable Service Provider. In order to establish a booking pending the applicable Service Provider’s confirmation of your requested booking, you understand and agree that Service365 reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your bank transaction for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting (e.g. NZ dollar) to verify your credit card. Once Service365 receives confirmation of your booking from the applicable Service Provider, Service365 will collect the Total Fees in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Meal. Please note that Service365 cannot control any fees that may be charged to a Member by his or her bank related to Service365’s collection of the Total Fees, and Service365 disclaims all liability in this regard.

In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and bank information either to Service365 or its third party payment processor. You agree to pay Service365 for any confirmed bookings made in connection with your Service365 Account in accordance with these Terms by one of the methods described on the Site. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by Service365 or indirectly, via a third party online payment processor or by one of the payment methods described on the Site. If you are directed to Service365’s third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once you’re confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.


Service Fees

In consideration for providing the Services, Service365 may collect service fees or membership fees from Service Providers. Where applicable, Taxes may also be charged in addition to the Cook Fees. Cook Fees are deducted from the Service Fees before remitting the Service Fees to the Service Provider. Member Fees are, as noted above, included in the Total Fees.

Balances will be remitted to Service Providers via PayPal, direct deposit or other payment methods described on the Site EVERY 2 WEEKS(FIRST OF A MONTH and SIXTEENTH OF A MONTH), in the Service Provider currency of choice, depending upon the selections the Service Provider makes via the Site. Please note that for any payments by Service365 in currencies other than N.Z. dollars, Service365 may deduct foreign currency processing costs from such payments. Except as otherwise provided herein, Service Fees are non-refundable.


General Booking and Financial Terms

Cancellations and Refunds

If, as a Member, you cancel your requested booking before 24 hours of the service, Service365 will refund any Service Fees collected for such requested booking within a commercially reasonable time. If, as a Member, you wish to cancel a booking made via the Site which within 24 hours before Service, all Service fee cannot be refund and Service365 will assume you join and complete the Service.

If a Service Provider cancels a confirmed booking made via the Site, (i) Service365 will refund the Total Fees for such booking to the applicable Member within a commercially reasonable time of the cancellation and (ii) the Member will receive an email or other communication from Service365 containing alternative Services and other related information. If a Service Provider cancelled a confirmed booking and you, as a Member, have not received an email or other communication from Service365, please contact Service365 at support@service365.co.nz.


Damage to Service Location

As a Service Provider, you are responsible for treating the location in which the Service is served in a respectful manner. You acknowledge and agree that, as a Service Provider, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to, the Service. In the Service that a Member claims otherwise and provides evidence of damage, including but not limited to, photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty eight (48) hours to respond, Service365 shall, on behalf of the Member, charge the payment from your Service365 Account, and you and the Member expressly authorize Service365 to do so. Member also authorizes Service365 to charge from your Service365 Account, or otherwise collect payment from you and pursue any avenues available to Service365 in this regard, in situations in which you have been determined to have damaged any Service Location, including, but not limited to, in relation to any payment requests made by Members, and in relation to any payments made by Service365 to Members. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Service Location to the applicable Member or to Service365 (if applicable).

Both Member and Service Providers agree to cooperate with and assist Service365 in good faith, and to provide Service365 with such information and take such actions as may be reasonably requested by Service365, in connection with any complaints or claims made by Members relating to Services or any personal or other property located at a Service Location or with respect to any investigation undertaken by Service365 or a representative of Service365 regarding use or abuse of the Site, Application or the Services. If you are a Member, to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Member, at no cost to you, which process will be conducted by Service365 or a third party selected by Service365, with respect to losses for which the Member is requesting payment.

If you are a Service Provider, you understand and agree that Service365 or a Member reserves the right, in any of their sole discretion, to make a claim under the homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused or been responsible for to a Service Location or any personal or other property located at a Service Location. You agree to cooperate with and assist Service365 in good faith, and to provide Service365 with such information as may be reasonably requested by Service365 in order to make a claim under the homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as Service365 may reasonably request to assist Service365 in accomplishing the foregoing.


Links

The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Service365 is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Service365 of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.


Ownership

The Site, and Collective Content are protected by copyright, trademark, and other laws of the New Zealand and foreign countries. You acknowledge and agree that the Site and Collective Content, including all associated intellectual property rights is the exclusive property of Service365 and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site or Collective Content.


Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Service365 used herein are trademarks or registered trademarks of Service365. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.


Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, ("Contact Us"). You may submit Feedback by emailing us at support@service365.co.nz. You acknowledge and agree that all Feedback will be the sole and exclusive property of Service365 and you hereby irrevocably assign to Service365 and agree to irrevocably assign to Service365 all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Service365’s request and expense, you will execute documents and take such further acts as Service365 may reasonably request to assist Service365 to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.


Termination, Suspension and Service365 Account Cancellation

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate or suspend these Terms or your access to our Site, Application and Services, and (b) deactivate or cancel your Service365 Account. Upon termination or suspension, we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the Service Service365 terminates or suspends these Terms, or your access to our Site or deactivates or cancels your Service365 Account you will remain liable for all amounts due hereunder. You may cancel your Service365 Account at any time by sending an email to support@service365.co.nz. Please note that if your Service365 Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.


Copyright Policy

Service365 respects copyright law and expects its users to do the same. It is Service365’s policy to terminate in appropriate circumstances the Service365 Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.


Disclaimers

IF YOU CHOOSE TO USE THE SITE, SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT Service365 DOES NOT CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Service365 EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Service365 MAKES NO WARRANTY THAT THE SITE, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE SERVICES, OR ANY REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. Service365 MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SERVICES, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Service365 OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR Service365ERS. YOU UNDERSTAND THAT Service365 DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO REVIEW ANY SERVICES. Service365 MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, MEMBERS AND SERVICE PROVIDERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.


Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Service365 (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.


General

The failure of Service365 to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Service365. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.


Contacting Service365

If you have any questions about these Terms, please contact Service365 by email: support@service365.co.nz.


Service 365