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User Agreement

Nearby Ltd (T/A Hive) NZB 9429042169529 ("Hive", "we" or "us)  operates an online platform ("Hive Services") allowing users ("User" or "You") to connect and perform business and personal services and outsource jobs and buy and sell goods through Hive’s platform including through our website at myHive.nz, the Hive iPhone application or Hive Android application or any other platform we may introduce in the future ("Hive Platform").

PLEASE READ THESE TERMS and ALL HIVE POLICIES including the Privacy Policy, the Marketplace Rules, and the Prohibited Services and Items Policy, Service Fee Schedule (collectively the "AGREEMENT") carefully before using the services offered by Hive.

Use of the Hive Platform or use of the Hive Services confirms that You agree to be bound by this Agreement.

1. SCOPE OF HIVE SERVICE

1.1. Hive 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 ("Hive Workers").

1.2. A reference to User in this agreement includes Job Posters, Hive Workers and any other person that visits or views the Hive Platform.

1.3. A User creates an account with Hive when s/he validly completes a registration form on the Hive Platform.

1.4. Hive provides the platform only. Apart from enabling a Job Poster to find a Hive Worker to provide a particular service or supply a particular good, Hive accepts no liability for any aspect of the Job Poster and Hive Worker interaction, including but not limited to the description of goods and services offered, the performance of services and the delivery of goods. Hive has no obligation to any User to assist or involve itself in any way in any dispute between a Job Poster and an Hive Worker.

1.5. All information related to services to be performed or goods to be provided is supplied by Hive Users. Unless expressly stated to the contrary, Hive does not have any ability or responsibility to review, approve or verify any User provided information prior to publication on the Hive Platform.

1.6. You expressly agree that Hive has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users (including all Hive Workers and Job Posters), including, but not limited to, the ability of Hive 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. HIVE SERVICE DESCRIPTION

2.1. The Hive Service will be reviewed and updated from time to time. In addition to the points set out below, certain portion(s) of the Hive Service may be separately described on the Hive 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 Hive 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 Hive Worker) ("Posted Job"). Posted Jobs are subject to further terms set out for Posting Jobs and Making Offers below.

2.3. A Hive Worker with an ability to perform services and/or to provide the goods (1) creates an account with Hive and (2) reviews Posted Jobs uploaded by Job Posters.

2.4. If a Hive Worker desires to provide services or sell goods to a Job Poster, the Hive Worker must make an offer in response to the Posted Job ("Offer"). By making an Offer the Hive 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 Hive Platform and before an offer has been accepted, then Hive 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 Hive Worker’s offer, the Job Poster will accept that Hive Worker’s Offer by using the functionality on the Hive Platform and paying the agreed price into the payment facility escrow account accessible via the Hive Platform ("Escrow Account").

2.7. The Hive Worker and Job Poster use a public question and answer feature on the Hive Platform to communicate directly about posted requests for services or goods. Once a Job Poster has accepted an offer from a Hive Worker, the Job Poster and the Hive Worker can communicate privately using a Hive private messaging service. Each time a Hive User receives a message from the Hive messaging service, a notification may be sent to the User via their currently active communication channel.

2.8. Once a Job Poster has accepted an offer from an Hive Worker and paid the agreed price into the Escrow Account then the Job Poster and the Hive 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 Hive Worker) and any additional terms and conditions agreed between the Job Poster and the Hive 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 an Hive Worker in the JOb Contract to the extent of any inconsistency.

2.10. The Hive 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 Hive Worker has provided the goods or services requested by a Job Poster in accordance with the Job Contract, the Hive Worker must provide notice that the task is complete by using the Hive Platform functionality. It will be material breach of this Agreement and the Job Contract if an Hive 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 Hive 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 Hive 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 Hive Worker by using the Hive Platform functionality. It will be material breach of this Agreement and the Job Contract if, after a Hive 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 Hive 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 Hive Worker and Job Poster are strongly encouraged to complete an Hive service review using any feedback features on the Hive Platform. Hive will, from time to time, contact You to remind You to complete an Hive service review.

2.15. The Hive Platform may from time to time include location/ map-based functionality. The Hive Platform may display the location of Job Posters and Hive Workers to persons browsing the Hive 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 Hive Platform.

2.16. Hive may from time to time include on the Hive Platform a “Hire Me” feature which enables Hive 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 Hive 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. However, that User will not have any further special rights and will need to follow the normal offer process to become the Hive Worker for the Posted Job.

2.17. From time to time, Hive may enter into agreements with business partners ("Business Partners") to enable Business Partners to acquire aspects or functions of the Hive Platform, and may seek to engage Hive 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. Hive Workers who agree to perform Posted Jobs for Business Partners acknowledge and agree that Hive 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 Hive Workers engaged as contemplated in clause 2.17 to be approved or hold particular qualifications and Hive may be asked by Business Partners to locate potentially suitably qualified Hive Workers. Hive makes no warranty that it will promote any or all suitably qualified Hive Workers to Business Partners.

2.19. Before a Business Partner enters into a contract with an Hive Worker, it may be require the Hive Worker to enter into additional terms for the engagement ("Business Partner Contract") before the Hive Worker can undertake any work introduced by a Business Partner.

2.20. Where a Hive Worker accepts a Posted Job with a Business Partner:

  • (a) the Hive 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. PAYMENT, REFUNDS AND CREDIT

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 Hive Worker and Hive 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 Hive Worker mutually agree to cancel the Job Contract or if, following reasonable attempts by a Job Poster to contact a Hive Worker to perform the Job Contract, Hive is satisfied that the Job Payment should be refunded and there is no dispute between the Job Poster and the Hive Worker, then Hive 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 Hive 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 Hive credit and credited to the relevant Job Poster or Hive Worker ("Holder"). The credit will be to the account of the Job Poster except where the Hive 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 Hive gift card or any other form of Hive card containing credit for use on the Hive Platform ("Store Value Card") is also a form of Hive 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 Hive Platform in accordance with this Agreement.

3.6.

  • (a) can be used by the Holder to pay for any new jobs via the Hive Platform;
  • (b) is not refundable or redeemable for cash; and
  • (c) expires 12 months from the last date the Hive 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. PAYMENT FACILITY AND ESCROW ACCOUNT

4.1. Hive 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 Hive Worker ("Escrow Provider").

4.2. By buying or selling goods or services using the Hive Services You agree to be bound by Escrow Provider's Privacy Policy and hereby consent and authorise Hive and the Escrow Provider to share any information and payments instructions You provide with one another and, to the extent required to complete your transaction, with any other third party service provider(s). By registering and creating an account with Hive, You agree to be bound by Escrow Provider's terms and conditions. Hive confirms that the services offered by the Escrow Provider are Third Party Services and subject to further terms set out for Third Party Services below.

5. THIRD PARTY SERVICES

5.1. Hive may from time to time include on the Hive Platform promotions for and links to services offered by third parties ("Third Party Services"). These Third Party Services are not provided by Hive.

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 Hive 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.Hive makes no representation or warranty as to the Third Party Services. However, to help us continue to improve our Hive Platform, please let us know of any issue that You experience using a Third Party Service by contacting us.

6. INSURANCE

6.1. Hive may offer its Users an opportunity to obtain insurance for Hive Users. All such insurance is offered by a third party. Hive confirms that all insurance policies are Third Party Services and subject to further terms set out for Third Party Services. Hive may elect to obtain its own insurance that may provide cover for Hive Users.

6.2. Hive does not represent that the insurance offered via the Hive 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 Hive 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 Hive Worker, and the insurance taken out by Hive (if any) responds to that claim then this clause applies. Hive 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 Hive from the Hive Worker. Where Hive makes a claim and the insurer assesses that the Hive Worker is responsible, Hive is entitled to rely on that assessment. If you do not pay any excess, Hive may also elect to set this amount off against future monies it may owe to the Hive Worker.

7. IDENTITY VERIFICATION

7.1. Hive may include tools to help Hive Users to verify the identity, qualifications or skills of other Hive 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 Hive Service to request other Users to post a reference on the Hive 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 Hive Worker and obtained in accordance with clause 7.6 and or clause 7.7.

7.2. You agree that Hive Identity Verification Services may not be fully accurate as all Hive Services are dependent on User-supplied information and/or information or verification services provided by third parties.

7.3. Hive Platform Users are solely responsible for identity verification and Hive accepts no responsibility for any use that is made of an Hive Identity Verification Service.

7.4. The Hive Platform may also include a User-initiated feedback system to help evaluate Hive User(s).

7.5. The Hive Services Identity Verification Services may be modified at any time.

7.6. Hive may from time to time make available certain verification icons to be displayed in relation to an Hive 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 Hive Worker and verified internally by Hive, or externally by a third party verification provider ("Verification Icons"). The available Verification Icons can be requested by the Hive Worker via the Hive Platform, and arranged on behalf of the Hive Worker and issued by Hive, for a fee. Obtaining a Verification Icon may be subject to the provision of certain information or documentation by the Hive Worker and determined by Hive or a third party verifier subject to its terms. It remains the Hive Worker's responsibility to ensure that information or documentation it provides in obtaining a Verification Icon is true and accurate and must inform Hive immediately if a Verification Icon is no longer valid.

7.7. Hive may also from time to time issue certain badges to be displayed in relation to a Hive 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 Hive ("Hive Badge"). The available Hive Badges will be issued for a fee.

7.8. The issue of a Verification Icon or Hive Badge to a Hive Worker remains in the control of Hive and the display and use of a Verification Icon or Hive Badge is licensed to the Hive Worker for use on the Hive Platform only. Any verification obtained as a result of the issue of a Verification Icon or Hive Badge may not be used for any other purpose outside of the Hive Platform.

7.9. Hive retains the discretion and/or right to not issue, or remove without notice to you, a Verification Icon or Hive Badge if an Hive Worker is in breach of any of the terms of this Agreement, the Verification Icon or Hive Badge has been issued incorrectly, obtained falsely, has expired, is no longer valid or for any other reason requiring its removal by Hive.

8. ELIGIBILITY TO REGISTER

8.1. A Hive account can only be created in the name of an individual. However, a Hive User registering as an Hive 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 Hive Services You must be able to form legally binding contracts under applicable law. Hive Services are not available to persons under 18 years of age. If You do not qualify to use the Hive Services, You must not use the services.

8.3. While You are registered with Hive You must maintain control of your Hive 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, Hive may refuse to allow any person to register or create an account with Hive or cancel or suspend any existing account.

9. USER’S OBLIGATIONS

9.1. You agree that at all times:

  • (a) You will comply with this Agreement (including all Hive Policies) and all applicable laws and regulations;
  • (b) You will post only accurate information on the Hive Platform;
  • (c) You will promptly and efficiently perform all your obligations to other Hive Users under a Job Contract and to Hive under this Agreement;
  • (d) all content (whether provided by Hive, a User or a third party) on the Hive Platform may not be used on third party sites or for other business purposes without Hive’s prior permission; and
  • (e) You will ensure that You are aware of any laws that apply to You as a Job Poster or an Hive Worker, or in relation to any other way(s) that You use the Hive Platform.

9.2. You must not use the Hive Platform for any illegal or immoral purpose.

9.3. You grant to Hive an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the Hive Platform for the purpose of including that material and information on the Hive Platform and as otherwise may be required to provide the Hive Service, for the general promotion of the Hive Service and as permitted by this Agreement.

9.4. Any information posted on Hive Platform must not, in any way whatsoever, be potentially or actually harmful to Hive or any other person. "Harm" includes, but is not limited to, economic loss that will or may be suffered by Hive. Without limiting any provision of this Agreement, any information You supply to Hive 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 Hive's 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 Hive 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 Hive Platform You create a legally binding contract with another Hive User, unless the transaction is prohibited by law or by this Agreement (including the Hive Policies). If You do not comply with your obligations to another Hive User under a Job Contract, You may become liable to that other User. If another User breaches any obligation to You, You - not Hive - are responsible for enforcing any rights that You may have with that User.

9.7. If Hive 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 Hive Service or cancel or suspend Your account.

10. FEES

10.1. Registering and creating an account with Hive is free. There is no charge for a Job Poster to Post Jobs, or for other Hive Users to review content on the Hive 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 Hive (or its nominee), which are inclusive of GST.

10.3. The Service Fees will be deducted and paid to Hive when the agreed price is released from the Escrow Account to the Hive Worker.

10.4. To be clear, Service Fees will be calculated only on the amount that the Hive Worker agrees to charge the Job Poster to provide the service or goods. This means that if a Job Poster requires a Hive Worker to incur costs in completing a job (for example, if the job is purchasing groceries, Hive 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 Hive Worker agrees to pay some of the costs as part of completing a task, Hive Worker is solely responsible for having those costs reimbursed by the Job Poster. Hive will not be responsible for obtaining any reimbursement from a Job Poster. We advise Hive Workers not to agree to incur any costs for a Job Poster in advance of payment by the Job Poster, unless the Hive Worker is confident that the Job Poster will reimburse the costs promptly.

10.6. Hive 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 Hive notifies You of that change by sending a message to your Hive account.

10.7. Hive 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 Hive account.

10.8. All fees and charges payable to Hive are non-cancellable and non-refundable, subject to your rights under any Non-Excludable Conditions (defined below).

10.9. If Hive introduces a new service on the Hive 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 Hive Worker is supplying goods or services, the Hive Worker must not charge a Job Poster Service Fees on top of the agreed price for the goods or Services under the Job Contract.

10.11. The Payments/Escrow Provider may charge a service fee for using their services. These costs will be passed on to the “Job Poster”, payer of services.

11. POSTING JOBS AND MAKING OFFERS

11.1. A Posted Job must include the following details in order to be accepted by Hive:

  • (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. Hive may, in its sole discretion, remove any Posted Job for any reason.

11.5. Prior to the Job Poster accepting an offer from a Hive Worker, all communications between a Job Poster and the Hive User(s) making an Offer to supply the goods or services are visible to all other Hive Users and can also be viewed by other internet users. All Users of the Hive 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 Hive 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 Hive Worker and the Job Poster agree to vary the timeframe or the terms and conditions in the course of negotiations, in which case the Hive 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 Hive Worker in accordance with clause 2.6, no further negotiations are permitted on the Hive Platform in relation to the provision of the relevant goods or services. If, after the Job Poster accepts an offer from an Hive Worker, the Hive Worker and Job Poster wish to negotiate on price or timeframe for completion (for example, where Job Poster is not satisfied with the Hive Worker’s performance) they may use the Hive private messaging system, but otherwise those negotiations (and the resolution of any disputes) must be done outside the Hive Platform.

11.8. If a Hive User, Hive Worker or Job Poster wishes to complain about any comment made on the Hive Platform, please either use the "Report" function available from time to time on the Hive Platform, or email Hive using the contact information on the Hive 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 an Hive Worker in accordance with clause 2.6.

11.10. A Hive User or Hive Worker has no obligation whatsoever to make an Offer on any Posted Job.

12. FEEDBACK

12.1. Hive is entitled to suspend or terminate your account at any time if Hive, in its sole and absolute discretion, is concerned by any feedback about You, or considers your feedback rating to be problematic for other Hive Users.

12.2. To continue to improve our Hive Platform, please let us know of any issue that You experience using a Third Party Service by contacting us.

13. LIMITATION OF LIABILITY

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 Hive 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 Hive Workers.

13.2. Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, Hive 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 Hive Platform.

13.3. Except for liability in relation to a breach of any Non-excludable Condition, Hive's liability to any User of this service is limited to the total amount of fees paid by that User to Hive during the twelve month period prior to any incident causing liability of Hive.

13.4. Hive's 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. DEFAULT IN TRANSACTIONS

14.1. If You, as a Hive Worker or Job Poster, fail to complete a transaction and do not have a lawful excuse for such failure, then in addition to Hive's rights under this Agreement (including any Hive Policy) to suspend (temporarily or indefinitely) or terminate any User’s account, You may be in breach of your obligations to both Hive and the Hive Worker or Job Poster with whom You are transacting under a Job Contract.

15. PRIVACY

15.1. Hive’s Privacy Policy applies to all Users and forms part of this Agreement. Use of the Hive Platform confirms that You consent to, and authorise, the collection, use and disclosure of your personal information in accordance with Hive’s Privacy Policy.

15.2. Third Party Service providers will provide their service pursuant to their own Privacy Policy. Prior to acceptance of any service from a third party You must review and agree to their terms of service including their privacy policy.

16. NO WARRANTY

16.1. Except for liability in relation to any Non-excludable Condition, the Hive 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. MODIFICATIONS TO THE AGREEMENT

17.1. Hive may modify this Agreement and/ or the Policies (and update the Hive pages on which they are displayed) from time to time. Hive will send notification of such modifications to your Hive 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 Hive 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 Hive account and stop using the Hive Services. Except as specifically described in or authorised by this Agreement, the terms of this Agreement and any Hive Policy cannot be amended except in writing signed by You and Hive.

18. NO AGENCY

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 Hive, its related entities or affiliates in any way whatsoever. Hive confirms that all Third Party Services that may be promoted on the Hive service are provided solely by such Third Party Service providers. To the extent permitted by law, Hive 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. NOTICES

19.1. Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to Hive's contact address as displayed on the Hive Platform, or to Hive 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. MEDIATION AND DISPUTE RESOLUTION

20.1. Hive encourages You to try and resolve disputes (including claims for returns or refunds) with other Hive Users directly. Accordingly, You acknowledge and agree that Hive may, in its absolute discretion, provide such of Your information as it decides is suitable to other parties involved in the dispute.

20.2. Hive 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. Hive 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. Hive 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 Hive Service please contact us.

20.6. If Hive provides information of other Hive 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 Hive against any claims relating to any other use of information not permitted by this Agreement.

21. TERMINATION

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 Hive 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. GENERAL

22.1. This Agreement is governed by the laws of New Zealand. You and Hive 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 novated by Hive 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 Hive with respect to its subject matter.