Terms & Conditions

1 APPLICATION OF TERMS

1.1 These Terms apply to your use of Skillet.  By accessing and using Skillet:

a. You agree to these Terms; and

b. where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.

1.2 If you do not agree to these Terms, you are not authorised to access and use the Platform, and you must immediately stop doing so.

1.3 Our privacy policy at www.skillet.co.nz/privacy-policy (Privacy Policy) also applies to your use of Skillet.  If you do not agree to privacy practices disclosed in the Privacy Policy, please do not use Skillet.

2 CHANGES

2.1 We reserve the right to change, add or remove parts of these Terms or any of our policies that apply to these Terms at any time and at our sole discretion.  You will be notified of any changes in advance through your Skillet account. Upon such notification, it is your responsibility to review the amended Terms. Your continued use of Skillet following the notice of changes to the Terms signifies that you accept and agree to the changes.

2.2 We may change, suspend, discontinue, or restrict access to Skillet without notice or liability.

2.3 These Terms were last updated on 26 January 2021.

3 DEFINITIONS

In these Terms:

Agreement means these Terms and (if applicable), the Membership Agreement.  If there is any conflict between these documents, they will have precedence in the following descending order of priority: these Terms, the Membership Agreement

Content means all content, data, and information (including personal information) that is owned, held, used or created by you or on your behalf, and that is then stored, transmitted via, input into or displayed via Skillet including, all content, data and information uploaded into Skillet when creating a Listing.

Fees means the fees set out in the Membership Agreement

Including and similar words do not imply any limit

Intellectual Property Rights includes copyright, and all worldwide rights conferred under statute, common law or equity in relation to inventions (including patents), registered and unregistered trademarks and designs, circuit layouts, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity.  Intellectual Property has a consistent meaning, and includes any enhancement, modification or derivative work of the Intellectual Property

Listing means an advertisement or post by a Service Provide on Skillet offering Services to Users

Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis

Membership Agreement means a membership agreement for the use of Skillet as a Service Provider that references these Terms and is signed by us and a Service Provider

Personal Information means information about an identifiable, living person

Personnel includes officers, employees, contractors and agents, but a reference to your personnel does not include us

Skillet means the Skillet service having the core functionality described on the Website, as the Website is updated from time to time

Service Provider means a person – either an independent contractor or a business – who provides services which are available to be booked through Skillet and who has signed a Membership Agreement

Terms means these terms and conditions titled Terms and Conditions

Underlying System means any network, system, software, data or material that underlies or is connected to Skillet

User means any person who accesses Skillet to consume or to provide services. User may refer to a consumer or a Service Provider

User ID means a unique name and password combination which enables Users to create an account and access certain parts of Skillet

We, us or our means Skillet Limited

Website means www.skillet.co.nz

You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.

4 ABOUT SKILLET

4.1 Skillet is an online platform and booking system, in which Users can book services provided by Service Providers.  Skillet enables Users to select and book services provided by Service Providers on Skillet.

4.2 We only permit individuals over 18 years of age to become Users.

4.3 We will use reasonable efforts to provide Skillet in accordance with these Terms and New Zealand law.

4.4 At our absolute discretion, we may refuse to allow any person to register or create an account with Skillet or cancel or suspend or modify any existing account should there be reasonable suspicion of inappropriate conduct or abuse of us, Skillet or any Users. Inappropriate behaviours include the use of obscene or inflammatory language, or slurs that are racist, sexist, anti-LGBTTQIA+ (Lesbian, Gay, Transgender, Takatāpui, Queer, Intersex, Asexual) or bigoted toward any faith, economic  status or creed. Such behaviours are detrimental to the operation of Skillet and antithetical to our values of inclusivity, empowerment and respect.

4.5 We accept no liability for any aspect of the User and Service Provider interaction, including but not limited to the description, performance or delivery of services.  

4.6 We do not endorse or recommend any User or Service Provider.  We have no responsibility and make no warranty as to the truth or accuracy of any aspect of any information provided by Users and Service Providers, including, but not limited to, the ability of Service Providers to perform tasks or supply items, or the honesty or accuracy of any information provided by Users or the User’s ability to pay for the Services requested.

4.7 Skillet is provided without 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.

4.8 We have no obligation to any User or Service Provider to assist or involve ourselves in any dispute between parties, although we may at our sole discretion choose to do so to improve the experience of our Users.

4.9 We are not a service provider, professional advisor, recruitment agency or volunteer placement agency.  

4.10 Our provision of Skillet to you is non-exclusive. Nothing in the Agreement prevents us from providing Skillet to any other person or business.

4.11  We will use reasonable efforts to ensure Skillet is available on a 24/7 basis.  However, it is possible that on occasion Skillet may be unavailable to permit maintenance or other development activity to take place, or due to an event that is beyond our reasonable control.

4.12 Through the use of web services and APIs, Skillet may interact with a range of third party service features.  We do not make any warranty or representation on the availability or performance of those features.  Without limiting the previous sentence, if a third party feature provider ceases to provide that feature or ceases to make that feature available on reasonable terms, we may cease to make that feature available to you. To avoid doubt, if we exercise our right to cease the availability of a third party feature, you are not entitled to any refund, discount or other compensation.

5 USER OBLIGATIONS

5.1 You must comply with the Agreement (including any of our policies notified to you from time to time) and all applicable laws and regulations.

5.2 You must:

a. use Skillet in accordance with the Agreement solely for lawful purposes (including complying with the Unsolicited Electronic Messaging Act 2007); and

b. not resell or make available Skillet to any third party, or otherwise commercially exploit Skillet.

5.3 You must not use Skillet for any illegal, objectionable or offensive purpose.

5.4 You must provide true, current and complete information in your dealings with us (including when setting up an account or providing information during our verification process), and must promptly update that information so that it remains true, current and complete.

5.5 You agree that any information posted on Skillet must not, in any way, be potentially or actually harmful to us or any other person. Harm includes, but is not limited to, economic loss that may be suffered by us.

5.6 You must maintain full responsibility of your unique User ID, and:

a. not permit any other person to use your User ID, including not disclosing or providing it to any other person; and

b. immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to info@skillet.co.nz Unauthorised use includes but is not limited to the use of your username and/or password to gain access to your Skillet account by persons other than you.

5.7 You must:

a. not violate laws governing consumer protection, unfair competition, criminal regulation, antidiscrimination, trade practice, privacy or fair employment;

b. neither use Skillet, nor transmit, input or store any Content in a manner that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;

c. not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, easter eggs, cancelbots, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise Skillet or any Underlying System, or otherwise attempt to damage or interfere with Skillet or that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any data or Personal Information;

d. not impersonate another person or misrepresent authorisation to act on behalf of others or us;

e. not attempt to undermine the security or integrity of the Underlying Systems;

f. not use, or misuse, Skillet in any way which may impair the functionality of the Underlying Systems or impair the ability of any other user to use Skillet;

g. not attempt to view, access or copy any material or data other than: (i) that which you are authorised to access; and (ii) to the extent necessary for you to use Skillet in accordance with the Agreement;

h. access Skillet via standard web browsers only and not by any other method, unless with our agreement. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method;

i. not contribute any Content that is unlawful or that is, in our sole and absolute discretion, in any way inappropriate or obscene or illegal, including but not limited to offensive, inappropriate or unlawful images and language; and

j. not engage in behaviour that is defamatory, libellous, threatening or harassing to other Users, in our estimation, while using Skillet;

5.8 If you register an account on Skillet as a Service Provider, you must ensure that you and your personnel have a right to provide services and to work in the jurisdiction where the services are performed. You must comply with tax and regulatory obligations in relation to any payment received for the delivery of a service that has been booked through Skillet.

5.9 Content that is displayed on Skillet may not be used on third party sites or for other business purposes without Skillet’s prior permission. You must obtain written permission to reproduce, cite or copy any content (whether provided by us, a User, a Service Provider, or third party) on Skillet.

5.10 You must obtain our written permission to establish a link to Skillet. If You wish to do so, email your request to info@skillet.co.nz

5.11 You are responsible for procuring all licences, authorisations and consents required for you to access and use Skillet, including to use, store and input Content into, and display Content using, Skillet.

5.12 You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses Skillet by using your User ID.

5.13 When you use Skillet to book services from a Service Provider, you accept responsibility for selecting a service and communicating clearly with the relevant Service Provider to ensure that the job is delivered to your satisfaction. Likewise, Service Providers must take the initiative to clarify job specifications with Users who have booked their services through Skillet. We take no responsibility for a lack of effective communication between Users and Service Providers.

5.14 A breach of these Terms by your personnel is deemed to be a breach of these Terms by you.

6 CONTENT

6.1 Title to, and all Intellectual Property Rights in, the Content (as between the parties) remains your property.  You grant us a worldwide, non-exclusive, fully paid up, transferable, irrevocable licence to use, store, copy, modify, make available and communicate the Content for any purpose in connection with the exercise of our rights and performance of our obligations in accordance with the Agreement.

6.2 Without limiting clause 6.1, you acknowledge that we may use Content for our internal research, analytical and product development purposes, to conduct statistical analysis and identify trends and insights (on an anonymised and aggregated basis) and for our internal reporting requirements (and these rights will survive termination and expiration of the Agreement).

6.3 You must ensure you have obtained all necessary consents for us to access, collect, hold, process and distribute the Content as described in the Agreement.

6.4 We are under no obligation to back up any Content stored using Skillet.  

7 INTELLECTUAL PROPERTY


7.1 Other than your Content, we (and our licensors) own or have the right to use all proprietary and intellectual property on Skillet (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.

7.2 If you provide us with ideas, comments or suggestions relating to Skillet or Underlying Systems (together feedback):

a. all Intellectual Property Rights in that feedback, and anything created as a result of that feedback (including new material, enhancements, modifications or derivative works), are owned solely by us; and

b. we may use or disclose the feedback for any purpose.

8 BADGES AND IDENTITY VERIFICATION

 

8.1 Before a Service Provider lists services, it must have its identity, and the identity of its personnel who are providing the services and/or accessing Skillet on its behalf, verified by us. We may suspend or restrict a Service Provider’s access to Skillet at any time if we are unable to verify it or the identity of its personnel.  

8.2 Skillet also makes certain Badges available to Service Providers. These Badges can denote training, accreditation, industry membership or tenure on Skillet (referred to in this clause as qualifications). Badges can be requested by Service Providers via Skillet and may be issued by us at our sole discretion upon verification (to our satisfaction) of the validity of the underlying qualifications.

8.3 Our verification requirements for identification and Badges are as follows:

a. in relation to identify verification, you must:

i. provide copies of identification documents for the relevant individual such as a passport, and/or New Zealand driver’s licence for the purposes of verifying the individual’s identity; and

ii. at our request, provide further information to us, which may include your date of birth and/or other information that will allow us to reasonably identify you;

b. in relation to Badge verification, you must provide us with documentation reasonably required to verify the validity of the qualifications; and

c. you authorise us to:

i. directly or through third parties, to make any inquiries we consider necessary to verify your identity or qualifications (as applicable); and

8.4 We encourage User-provided feedback to help evaluate Service Providers. This information is held internally for quality assessment and will not be displayed publicly.

8.5 Users acknowledge that Badges are displayed at the choice of Service Providers. Users acknowledge that to the extent they rely on a Badge to select a Service Provider, they do so aware of this limitation.

8.6 It remains the Service Provider’s responsibility to ensure that information they provide in obtaining a Badge is true and accurate and must inform Skillet immediately if a Badge is no longer valid.

8.7 We will use reasonable efforts to verify the authenticity of all Badges, where issued by a third party, by consulting the body responsible for issuing this information.  Despite this, we do not undertake to monitor or verify Service Providers’ services in any way, perform any checks on the quality of the Service Providers’ services, or monitor that the qualifications that are the basis of a badge are maintained.

8.8 Badges signifying a Service Provider’s tenure or number of bookings completed on Skillet can only be displayed on Skillet. You may not display or use the Badge outside of Skillet.  

8.9 We retain the discretion and right to not issue, or remove without notice, a Badge if you are in breach of any of the terms of the Agreement, if the Badge has been issued incorrectly, obtained falsely, has expired, is no longer valid or for any other reason.

9 POLICE CHECKS

9.1 This clause 9 applies to you if you are a Service Provider.

9.2 We are committed to taking reasonable precautions for the safety of our Users.

9.3 You must confirm that police checks showing a clear criminal history record have been procured for all of your personnel who join Skillet to deliver services on your behalf or access your account. This extends to account managers and admins. You will be required to provide a declaration and documents that support this assertion, as stated in your Membership Agreement.

9.4 If you cannot confirm that all personnel have undergone identity verification and a police check showing a clear criminal history record, you will be ineligible to list services on Skillet and your account may be deactivated until such a time that you are eligible.

9.5 After reviewing the information provided to us, we may in our sole discretion determine whether you or any of your personnel are eligible to join Skillet.  If you or any of your personnel are deemed ineligible to join the platform, by Skillet’s sole discretion, we may immediately remove you as a Service Provider or remove your access to Skillet.  

9.6 In receiving, storing and using the information provided regarding the police checks for your personnel, we will comply with New Zealand law.

9.7 We will maintain complete confidentiality of police check results and ensure the information about any criminal record is used solely for the purposes stated above.

10 CONFIDENTIALITY

You must treat all information available and otherwise provided through Skillet as strictly confidential, and may only use that information for the purpose of  procuring and providing services through Skillet.  Confidential information expressly includes contact details of each User, but does not include any information already in the public domain or independently known to you.

11 PRIVACY

You are not required to provide Personal Information to us, although if you choose to not do so then we will be unable to provide you with access to a Skillet account.  When you provide personal information to us, we will comply with the New Zealand Privacy Act 2020 and with our Privacy Policy set out at www.skillet.co.nz/privacy-policy

12 FEEDBACK

12.1 Users may complain about any comment made on Skillet by contacting us at info@skillet.co.nz

12.2 We are entitled to suspend or terminate your account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or consider your behaviour on Skillet to be offensive, discriminatory or otherwise problematic for other Users.

13 NOTICES

 

13.1 Except as stated otherwise, any notices submitted to Skillet must be given by registered ordinary post or by email, either to our contact address as displayed on the Website or to info@skillet.co.nz  Any notice shall be deemed given:

a. if sent by email, 24 hours after the email is sent, unless you are notified that the email address is invalid or the email is undeliverable; and

b. if sent by post, in seven working days after the date of receipt.

14 MEDIATION AND DISPUTES

14.1 You agree that if there is any dispute between you and another User of Skillet (including any claims for refunds), you must cooperate with the other party and make a genuine attempt to resolve the dispute in good faith.  We may, at our sole discretion, attempt to assist in resolving that User dispute, but you acknowledge that we have no obligation to you to assist you or any other User.  If you agree, we may provide User contact information, as we decide is suitable, to other parties involved in the dispute.

14.2 If we provide information 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. 

14.3 You agree to indemnify us for any costs, losses or liabilities incurred by us in relation to any claims alleging that you have used User information provided to you by us under this clause 14 in a manner that is not permitted by the Agreement or in breach of applicable laws.

15 DISCLAIMERS

15.1 To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any loss in connection with:

a. Skillet being unavailable (in whole or in part) or performing slowly;

b. any error in, or omission from, any information made available through Skillet;

c. any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use Skillet. To avoid doubt, you are responsible for ensuring the process by which you access and use Skillet protects you from this; and

d. any site linked to or from the Skillet. Any link on Skillet to other sites or to Skillet from other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.

e. the failure of any User to comply with the Agreement;

15.2 All advertisements, arrangements and agreements to procure or provide services through Skillet are carried out entirely at your own risk.  We exclude to the fullest extent permitted by applicable law all liability for any Loss arising out of or in any way connected with any other arrangements that you may have made in connection with Skillet, or your use of Skillet.

15.3 Without limiting clause 15.2:

a. you rely on information provided by other Users at your own risk;

b. you acknowledge that, except as set out in clauses 8 and 9, we do not, control, inspect,  approve or check the availability, condition or nature of any advertised services or the accuracy, currency, truth or completeness of the information provided by Users and it is your responsibility to do so; and

c. it is your responsibility to take any other necessary precautions before entering an agreement to buy or provide services.

15.4 We make no representation or warranty that Skillet is appropriate or available for use in any country outside of New Zealand. You are responsible for ensuring that your access to and use of Skillet is not illegal or prohibited, and for your own compliance with applicable local laws.

15.5 Skillet facilitates bookings for residential and business services. It does not facilitate emergency services, medical or otherwise, and is not a substitute for clinical treatment or urgent care. In the event of a medical emergency, contact Emergency Services by calling 111.

15.6 No agency, partnership, joint venture, employee-employer or other similar relationship is created by the Agreement between us and you or any of your personnel. In particular you have no authority to bind us, its related entities or affiliates in any way whatsoever. All services that may be promoted on Skillet are provided solely by such third party Service Providers. To the extent permitted by law, we specifically disclaim all liability for any loss or damage incurred by Users in any manner due to the performance or non-performance of such third party service.

16 LIABILITY

16.1 To the maximum extent permitted by law:

a. you access and use Skillet at your own risk; and

b. we are not liable or responsible to you or any other person for any loss under or in connection with the Agreement, the Website, or your access and use of (or inability to access or use) Skillet. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

16.2 Except to the extent permitted by law, nothing in the Agreement has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD100.

16.3 To the maximum extent permitted by law and only to the extent clauses 16.1 and 16.2 of the Agreement does not apply, our total liability to you under or in connection with the Agreement, or in connection with the Website or Skillet, or your access and use of (or inability to access or use) the Website or Skillet, must not exceed NZD100.  

16.4 Neither party is liable to the other under or in connection with the Agreement or the Services for any:

a. loss of profit, revenue, savings, business, use, data (including Content), and/or goodwill; or

b. consequential, indirect, incidental or special damage or loss of any kind.

16.5 Clauses 16.3 and 16.4 do not apply to limit our liability under or in connection with the Agreement for:

a. personal injury or death;

b. fraud or wilful misconduct; or

c. a breach of our confidentiality obligations to you.

16.6 Clause 16.4 does not apply to limit your liability:

a. if you are a Service Provider, to pay the Fees;

b. under the indemnity in clauses 5.12 and 14.4; or

c. for those matters stated in clause 16.5.

16.7 Neither party will be responsible, liable, or held to be in breach of the Agreement for any failure to perform its obligations under the Agreement or otherwise, to the extent that the failure is caused by the other party failing to comply with its obligations under the Agreement, or by the negligence or misconduct of the other party or its personnel.

16.8 Each party must take reasonable steps to mitigate any loss or damage, cost or expense it may suffer or incur arising out of anything done or not done by the other party under or in connection with the Agreement.

17 SUSPENSION AND TERMINATION

17.1 Unless you are party to a Membership Agreement, either you or  we may terminate your use of Skillet and terminate the Agreement at any time for any reason.

17.2 If your account or the Agreement are terminated for any reason then you may not without our consent (in our absolute discretion) create any further accounts with Skillet and we may terminate any other accounts you operate.

17.3 Without prejudice to any other right or remedy available to us, if we consider that you have breached the Agreement or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to Skillet (or any part of it).

17.4 On suspension or termination, you must immediately cease using Skillet and must not attempt to gain further access.

17.5 Without limiting any other right or remedy available to us, we may restrict or suspend your access to Skillet and/or delete, edit or remove any relevant Content if we consider that you (including any of your personnel) has:

a. undermined, or attempted to undermine, the security or integrity of Skillet or any Underlying Systems;

b. used, or attempted to use, Skillet: (i) for improper purposes; or (ii) in a manner, other than for normal operational purposes, that materially reduces the operational performance of Skillet;

c. transmitted, inputted or stored any Content that breaches or may breach the Agreement or any third party right (including Intellectual Property Rights and privacy rights), or that is or may be objectionable, defamatory, obscene, harassing, threatening, harmful, or unlawful in any way, incorrect or misleading; or

d. otherwise materially breached the Agreement.

18 GENERAL

18.1 If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.

18.2 The Agreement, and any dispute relating to the Agreement, our Privacy Policy or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand.  Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with the Agreement, Skillet, the Privacy Policy or the Website.

18.3 For us to waive a right under the Agreement, the waiver must be in writing.

18.4 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 5.12, 7, 10, 14, 16 and 18.4, continue in force.

18.5 If any part or provision of the Agreement is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from the Agreement. The remainder of the Agreement will be binding on you.

18.6 The Agreement sets out everything agreed by the parties relating to your use of Skillet and supersedes and cancels anything discussed, exchanged or agreed prior to you agreeing to the Agreement. The parties have not relied on any representation, warranty or agreement relating to the Agreement that is not expressly set out in the Agreement, and no such representation, warranty or agreement has any effect from the date you agreed to the Agreement.