Terms & Conditions
1 APPLICATION OF TERMS
1.1 These Terms apply to your use of Skillet. By accessing and using Skillet and its products:
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 and its products. 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 18 October 2023.
3 DEFINITIONS
In these Terms:
Agreement means these Terms and (if applicable), the Service Agreement. If there is any conflict between these documents, they will have precedence in the following descending order of priority: these Terms, the Service Agreement
Commission means the commission payable by Businesses to us on services and activities booked through Skillet calculated at a rate of 5% of the price set out in a Listing (including GST), as may be updated from time to time in accordance with the Service 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 Skillet's Service 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 Business on Skillet to promote an organisation, venues, amenities, services or activities 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
Service Agreement means an agreement for the use of Skillet as a Business that references these Terms and is signed by an authorised Business account administrator
Payment means the payment for a booking that is paid through the Platform
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
Platform means the software through which information is managed, mapped and displayed for public use
Skillet means the Skillet platform and its products, having the core functionality described under Platform and updates that are released from time to time
Business means an organisation, government entity, commercial business, consortium or independent contractor that promotes itself, its accessibility information, its venues, facilities, services or activities through Skillet and that has signed a Service 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 access information, or consume or to provide services or activities. User may refer to a consumer or a Business
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
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 through which Users can find organisations, venues, amenities, services, activities and information that are listed by Businesses. Skillet enables Users to find, select and book services and activities provided by Businesses on Skillet.
4.2 We only permit individuals over 18 years of age to become Users.
5. TERMS OF SERVICE FOR NEW ZEALAND USERS
5.1 These Terms of Service for New Zealand Users are subject to New Zealand consumer law. We will use reasonable efforts to provide Skillet in accordance with these Terms and New Zealand law.
5.2 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, Bisexual, Transgender, Takatāpui, Queer, Intersex, Asexual) or bigoted toward any faith, age group, economic status or creed. Such behaviours are detrimental to the operation of Skillet and antithetical to our values of inclusivity, equality and respect.
5.3 We accept no liability for any aspect of the User and Business interaction, including but not limited to the description, payment for, quality or delivery of services or activities.
5.4 We do not endorse or recommend any User or Business. We have no responsibility and make no warranty as to the truth or accuracy of any aspect of any information provided by Users and Businesses, including, but not limited to, the ability of Businesses 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 or activities booked.
5.5 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.
5.6 We have no obligation to any User or Business 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.
5.7 We are not a service provider, activity organiser, professional advisor, recruitment agency or volunteer placement agency.
5.8 Our provision of Skillet to you is non-exclusive. Nothing in the Agreement prevents us from providing Skillet to any other person or business.
5.9 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.
5.10 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.
6 USER OBLIGATIONS
6.1 You must comply with the Agreement (including any of our policies notified to you from time to time) and all applicable laws and regulations.
6.2 You must:
a. use Skillet in accordance with the Agreement solely for lawful purposes (including complying with the Unsolicited Electronic Messaging Act 2007);
b. not resell or make available Skillet to any third party unless verifiably authorised by us;
c. not commercially exploit Skillet;
d. remain responsible and liable for your Listing(s) and any content you create and display on the Platform, including any Listing(s) or content created on your behalf by an approved staff member or User under your account. Accordingly, you represent and warrant that any Listing(s) you create and post on the Platform contain accurate information and is a true representation of your offering;
e. ensure that your Listing(s) do not conflict with the right of third parties or any laws governing the regulation or maintenance of public places; and
f. not employ any of the personnel you have engaged through Skillet outside of the Platform, or privately contract out your services to any clients which you have gained through use of Skillet, for the duration of your membership on Skillet and for six months after your membership ends
6.3 You must not use Skillet for any illegal, objectionable or offensive purpose.
6.4 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 and booking process), and must promptly update that information so that it remains true, current and complete.
6.5 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.
6.6 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 account on our Platform by persons other than you.
6.7 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, DDOS attack, keystroke logger, spyware, malware 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 or approved progressive web apps 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.
6.8 If you register an account on Skillet as a Business, you must ensure that you and your personnel have a right to provide all relevant information and services as well as to host activities and provide services in the jurisdiction where the services or activities are delivered. You must comply with tax and regulatory obligations in relation to any payment received for the delivery of a service or activity that has been booked through Skillet.
6.9 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 Business, or third party) on Skillet.
6.10 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
6.11 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.
6.12 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.
6.13 When you use Skillet to book services or activities from a Business, you accept responsibility for your booking and for communicating clearly with the relevant Business to ensure a reasonable outcome. Likewise, Businesses must take the initiative to clarify any relevant specifications with Users who have booked their services or activities through Skillet. We take no responsibility for a lack of effective communication between Users and Businesses.
6.14 A breach of these Terms by your personnel is deemed to be a breach of these Terms by you.
7 CONTENT
7.1 Title to, and all Intellectual Property Rights in, the Content (as between the parties) remains your property. You grant us a worldwide, non-exclusive, 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.
7.2 Without limiting clause 7.1, 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).
7.3 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.
7.4 We are under no obligation to back up any Content stored using Skillet.
8 INTELLECTUAL PROPERTY
8.1 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 Platform's Underlying Systems.
8.2 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.
9 BADGES AND IDENTITY VERIFICATION
9.1 Before a Business lists services, activities or locations on the Platform, it must ensure that its identity, and the identity of its personnel who are providing the services and/or accessing Skillet on its behalf, are verified. We may suspend or restrict a Business' access to Skillet at any time if we are alerted to any misuse of identification documents or identity fraud.
a. in relation to identify verification, Service Providers must:
i. ensure that all personnel who use Skillet have copies of identification documents for the relevant individual such as a passport, and/or New Zealand driver’s licence if required for the purposes of verifying the individual’s identity; and
ii. at our request, provide further information to us, which may include copies of identification documents and/or date of birth and/or other information that will allow us to reasonably identify you; and
b. you authorise us to, directly or through third parties, make any inquiries we consider necessary to verify your identity or qualifications (as applicable).
10 POLICE CHECKS
10.1 This clause 10 applies to you if you are a Service Provider.
10.2 We are committed to taking reasonable precautions for the safety of our Users.
10.3 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 to access your account. This extends to account managers and account admins. You will be required to provide a declaration and documents that support this assertion, as stated in your Service Agreement.
10.4 If you cannot confirm that all relevant personnel have undergone identity verification and police checks showing clear criminal history records, you will be ineligible to list services on Skillet and your account may be deactivated until such a time that you are eligible.
10.5 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.
10.6 In receiving, storing and using the information provided regarding the police checks for your personnel, we will comply with New Zealand law.
10.7 We will maintain complete confidentiality of police check results and ensure that information on any criminal record is used solely for the purposes stated above.
11 CONFIDENTIALITY
11.1 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 the contact details of each User but does not include any information already in the public domain or independently known to you.
11.2 You must comply with all matters of confidentiality contained in our Privacy Policy, including when your Business adds a Staff User to its account to manage your Listing(s). In doing so, you authorise them to input and process information related to your Listing(s), including accessing, using, and storing your Business information (such as Listing address and description), venue data, accessibility information, booking information and booking payment amount).
12 PRIVACY
12.1 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 New Zealand's Privacy Act 2020 and with our Privacy Policy set out at www.skillet.co.nz/privacy-policy
13 FEEDBACK
13.1 Users may complain about any comment made on Skillet by contacting us at info@skillet.co.nz
13.2 We encourage Users to provide feedback to help improve the quality of information that is captured and displayed on the Platform. This information is held internally for quality assessment and will not be displayed publicly.
13.3 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.
14 NOTICES
14.1 Except as stated otherwise, any notices submitted to Skillet must be sent by email to info@skillet.co.nz
14.2 Any notice shall be deemed delivered 24 hours after the email is sent, unless you are notified that the email address is invalid or the email is undeliverable.
15 COMMISSION AND PAYMENT
15.1 For bookings that require payment through Skillet, Users must pay by credit card using our third-party payment provider, currently Stripe (Payment Provider).
15.2 For bookings that require payment through an external portal that is provided by the Business or that require payment at a physical venue, Users must pay for bookings using the payment platform that has been provided by the Business.
15.3 Skillet is not liable for any transactions, receipts or refunds that are handled externally.
15.4 If payments are to be handled via Skillet, the Business must submit its bank account details to our Payment Provider when or shortly after it creates an account with Skillet.
15.5 By using the Payment Provider’s payment processing services, the User and the Business agree to comply with any applicable Payment Provider terms and conditions, which may include the payment of a transaction fee for each payment using the Payment Provider’s services.
15.6 When a User books and pays for the Business' services or activities through Skillet, the Payment Provider will pay the Business the price for the services booked, less the Payment Provider transaction fees and our Commission (if any).
15.7 We act as an intermediary for Users and Businesses to transact but are not a party to any agreement or transaction between Users and Businesses. When a User books a service or activity with a Business, we are not responsible for any non-payment by a User for that service or activity.
15.8 Commission (if any) and the transaction fees that are paid to the Payment Provider will not be refunded to any Business, including in the event of any refund to the User set out below.
16 REFUNDS
16.1 Users agree to any Business terms set out at the time you book each service or activity (Business Terms of Service). Businesses and Users agree that clause 15 is incorporated into the Business Terms of Service, and that in the event of a conflict, these clauses will take precedence.
16.2 In the event that a refund is owed in accordance with these Terms, Businesses must refund Users according to the terms below. The Business has sole responsibility to pay the User the total amount owing. Skillet is not responsible for any Business' failure to provide a refund.
16.3 Bookings are non-refundable unless:
a. an activity or event is cancelled by the Business;
b. it is unable to proceed due to other reasons under New Zealand law; or
c. stated by the Business Terms of Service.
16.4 In the event that a refund is owed after payments have been made, the Business must refund the User 100% of the price for services booked less any Transaction Fees. Note that this clause 16.4 does not limit any obligation the Business owes the User under the Business Terms of Service or otherwise at law. It is the Business' responsibility to ensure that they process any refunds under this clause 16.4 in compliance with any applicable consumer protection law.
16.5 Bookings that are made through Skillet can only be cancelled by the User who has made the booking or by the Business providing the services or activities for that booking.
16.6 If there is any conflict between this clause 16 and any refund policy issued by Skillet, this clause 16 (and the remainder of these Terms) take precedence.
17 MEDIATION AND DISPUTES
17.1 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.
17.2 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.
17.3 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 17 in a manner that is not permitted by the Agreement or in breach of applicable laws.
18 DISCLAIMERS
18.1 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;
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; and
e. the failure of any User to comply with the Agreement.
18.2 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.
18.3 Without limiting clause 18.2:
a. you rely on information provided by other Users at your own risk;
b. you acknowledge that, except as set out in clauses 9 and 10, 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.
18.4 For Users in New Zealand, we make no representation or warranty that any listings that are available through Skillet are 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.
18.5 Skillet facilitates bookings for residential, business and community-based services and activities. 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.
18.6 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, our related entities or affiliates in any way whatsoever. All services and activities that may be promoted on Skillet are provided solely by third-party Businesses. 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 services and activities.
19 LIABILITY
19.1 To the maximum extent permitted by law:
a. you access and use Skillet at your own risk;
b. we are not liable or responsible to you or any other person for any loss under or in connection with the Agreement, the Platform, 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; and
c. we are not liable or responsible for any information that has been misrepresented by a Business or User around Listings or bookings. This also relates to information about Businesses or Listings that have become out of date or are not immediately available.
19.2 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.
19.3 To the maximum extent permitted by law and only to the extent clauses 19.1 and 19.2 of these Terms do not apply, our total liability to you under or in connection with the Agreement, or in connection with the Platform or Skillet, or your access and use of (or inability to access or use) the Platform or Skillet, must not exceed NZD100.
19.4 Neither party is liable to the other under or in connection with the Agreement or the Platform 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.
19.5 Clauses 19.3 and 19.4 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.
19.6 Clause 19.4 does not apply to limit your liability:
a. if you are a Business, to pay the Fees;
b. under the indemnity in clauses 6.12 and 17.3; or
c. for those matters stated in clause 19.5.
19.7 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.
19.8 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.
20 SUSPENSION AND TERMINATION
20.1 Unless you are party to a Service Agreement, either you or we may terminate your use of Skillet and terminate the Agreement at any time for any reason.
20.2 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.
20.3 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).
20.4 On suspension or termination, you must immediately cease using Skillet and must not attempt to gain further access.
20.5 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) have:
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.
21 TERMS OF SERVICE FOR AUSTRALIAN USERS
21.1These Terms of Service for Australian Users are subject to Australian consumer law. We will use reasonable efforts to provide Skillet in accordance with these Terms and Australian law.
21.2 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-LGBTQIA+ (Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, Asexual) or bigoted toward any faith, age group, economic status or creed. Such behaviours are detrimental to the operation of Skillet and antithetical to our values of inclusivity, equality and respect.
21.3 We accept no liability for any aspect of the User and Business interaction, including but not limited to the description, payment for, quality or delivery of services or activities.
21.4 We do not endorse or recommend any User or Business. We have no responsibility and make no warranty as to the truth or accuracy of any aspect of any information provided by Users and Businesses, including, but not limited to, the ability of Businesses 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 or activities booked.
21.5 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.
21.6 We have no obligation to any User or Business 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.
21.7 We are not a service provider, activity organiser, professional advisor, recruitment agency or volunteer placement agency.
21.8 Our provision of Skillet to you is non-exclusive. Nothing in the Agreement prevents us from providing Skillet to any other person or business.
21.9 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.
21.10 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.
22 USER OBLIGATIONS
22.1 You must comply with the Agreement (including any of our policies notified to you from time to time) and all applicable laws and regulations.
22.2 You must:
a. use Skillet in accordance with the Agreement solely for lawful purposes (including complying with Australia's Spam Act 2003);
b. not resell or make available Skillet to any third party, unless verifiably authorised by us;
c. not commercially exploit Skillet;
d. remain responsible and liable for your Listing(s) and any content you create and display on the Platform, including any Listing(s) or content created on your behalf by an approved staff member or User under your account. Accordingly, you represent and warrant that any Listing(s) you create and post on the Platform contain accurate information and is a true representation of your offering;
e. ensure that your Listing(s) do not conflict with the right of third parties or any laws governing the regulation or maintenance of public places; and
f. not employ any of the personnel you have engaged through Skillet outside of the Platform, or privately contract out your services to any clients which you have gained through use of Skillet for the duration of your membership on Skillet and for six months after your membership ends.
22.3 You must not use Skillet for any illegal, objectionable or offensive purpose.
22.4 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 and booking process), and must promptly update that information so that it remains true, current and complete.
22.5 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.
22.6 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 account on our Platform by persons other than you.
22.7 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, DDOS attack, keystroke logger, spyware, malware 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 or approved progressive web apps 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;
22.8 If you register an account on Skillet as a Business, you must ensure that you and your personnel have a right to provide all relevant information and services as well as to host activities and provide services in the jurisdiction where the services or activities are delivered. You must comply with tax and regulatory obligations in relation to any payment received for the delivery of a service or activity that has been booked through Skillet.
22.9 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 Business, or third party) on Skillet.
22.10 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
22.11 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.
22.12 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.
22.13 When you use Skillet to book services or activities from a Business, you accept responsibility for your booking and for communicating clearly with the relevant Business to ensure a reasonable outcome. Likewise, Businesses must take the initiative to clarify any relevant specifications with Users who have booked their services or activities through Skillet. We take no responsibility for a lack of effective communication between Users and Businesses.
22.14 A breach of these Terms by your personnel is deemed to be a breach of these Terms by you.
23 CONTENT
23.1 Title to, and all Intellectual Property Rights in, the Content (as between the parties) remains your property. You grant us a worldwide, non-exclusive, 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.
23.2 Without limiting clause 23.1, 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).
23.3 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.
23.4 We are under no obligation to back up any Content stored using Skillet.
24 INTELLECTUAL PROPERTY
24.1 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 Platform's Underlying Systems.
24.2 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.
25 BADGES AND IDENTITY VERIFICATION
25.1 Before a Business lists services, activities or locations on the Platform, it must ensure that its identity, and the identity of its personnel who are providing the services and/or accessing Skillet on its behalf, are verified. We may suspend or restrict a Business' access to Skillet at any time if we are alerted to any misuse of identification documents or identity fraud.
a. in relation to identify verification, Service Providers must:
i. ensure that all personnel who use Skillet have copies of identification documents for the relevant individual such as a passport, and/or Australian driver’s licence if required for the purposes of verifying the individual’s identity; and
ii. at our request, provide further information to us, which may include copies of identification documents and/or date of birth and/or other information that will allow us to reasonably identify you;
b. you authorise us to, directly or through third parties, make any inquiries we consider necessary to verify your identity or qualifications (as applicable).
26 POLICE CHECKS
26.1 This clause 26 applies to you if you are a Service Provider.
26.2 We are committed to taking reasonable precautions for the safety of our Users.
26.3 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 to access your account. This extends to account managers and account admins. You will be required to provide a declaration and documents that support this assertion, as stated in your Service Agreement.
26.4 If you cannot confirm that all relevant personnel have undergone identity verification and police checks showing clear criminal history records, you will be ineligible to list services on Skillet and your account may be deactivated until such a time that you are eligible.
26.5 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.
26.6 In receiving, storing and using the information provided regarding the police checks for your personnel, we will comply with Australian law.
26.7 We will maintain complete confidentiality of police check results and ensure that information on any criminal record is used solely for the purposes stated above.
27 CONFIDENTIALITY
27.1 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 the contact details of each User but does not include any information already in the public domain or independently known to you.
27.2 You must comply with all matters of confidentiality contained in our Privacy Policy, including when your Business adds a Staff User to its account to manage your Listing(s). In doing so, you authorise them to input and process information related to your Listing(s), including accessing, using, and storing your Business information (such as Listing address and description), venue data, accessibility information, booking information and booking payment amount).
28 PRIVACY
28.1 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 Australia's Privacy Act 1988 and with our Privacy Policy set out at www.skillet.co.nz/privacy-policy
29 FEEDBACK
29.1 Users may complain about any comment made on Skillet by contacting us at info@skillet.co.nz
29.2 We encourage Users to provide feedback to help improve the quality of information that is captured and displayed on the Platform. This information is held internally for quality assessment and will not be displayed publicly.
29.3 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.
30 NOTICES
30.1 Except as stated otherwise, any notices submitted to Skillet must be sent by email to info@skillet.co.nz
30.2 Any notice shall be deemed delivered 24 hours after the email is sent, unless you are notified that the email address is invalid or the email is undeliverable.
31 COMMISSION AND PAYMENT
31.1 For bookings that require payment through Skillet, Users must pay by credit card using our third-party payment provider, currently Stripe (Payment Provider).
31.2 For bookings that require payment through an external portal that is provided by the Business or that require payment at a physical venue, Users must pay for bookings using the payment platform that has been provided by the Business.
31.3 Skillet is not liable for any transactions, receipts or refunds that are handled externally.
31.4 If payments are to be handled via Skillet, the Business must submit its bank account details to our Payment Provider when or shortly after it creates an account with Skillet.
31.5 By using the Payment Provider’s payment processing services, the User and the Business agree to comply with any applicable Payment Provider terms and conditions, which may include the payment of a transaction fee for each payment using the Payment Provider’s services.
31.6 When a User books and pays for the Business' services or activities through Skillet, the Payment Provider will pay the Business the price for the services booked, less the Payment Provider transaction fees and our Commission (if any).
31.7 We act as an intermediary for Users and Businesses to transact but are not a party to any agreement or transaction between Users and Businesses. When a User books a service or activity with a Business, we are not responsible for any non-payment by a User for that service or activity.
31.8 Commission (if any) and the transaction fees that are paid to the Payment Provider will not be refunded to any Business, including in the event of any refund to the User set out below.
32 REFUNDS
32.1 Users agree to any Business terms set out at the time you book each service or activity (Business Terms of Service). Businesses and Users agree that clause 31 is incorporated into the Business Terms of Service, and that in the event of a conflict, these clauses will take precedence.
32.2 In the event that a refund is owed in accordance with these Terms, Businesses must refund Users according to the terms below. The Business has sole responsibility to pay the User the total amount owing. Skillet is not responsible for any Business' failure to provide a refund.
32.3 Bookings are non-refundable unless:
a. an activity or event is cancelled by the Business;
b. it is unable to proceed due to other reasons under Australian law; or
c. stated by the Business Terms of Service.
32.4 In the event that a refund is owed after payments have been made, the Business must refund the User 100% of the price for services booked less any Transaction Fees. Note that this clause 32.4 does not limit any obligation the Business owes the User under the Business Terms of Service or otherwise at law. It is the Business' responsibility to ensure that they process any refunds under this clause 32.4 in compliance with any applicable consumer protection law.
32.5 Bookings that are made through Skillet can only be cancelled by the User who has made the booking or by the Business providing the services or activities for that booking.
32.6 If there is any conflict between this clause 32 and any refund policy issued by Skillet, this clause 32 (and the remainder of these Terms) take precedence.
33 MEDIATION AND DISPUTES
33.1 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.
33.2 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.
33.3 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 33 in a manner that is not permitted by the Agreement or in breach of applicable laws.
34 DISCLAIMERS
34.1 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;
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; and
e. the failure of any User to comply with the Agreement.
34.2 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.
34.3 Without limiting clause 34.2:
a. you rely on information provided by other Users at your own risk;
b. you acknowledge that, except as set out in clauses 25 and 26, 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.
34.4 For Users in Australia, we make no representation or warranty that any listings that are available through Skillet are appropriate or available for use in any country outside of Australia. 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.
34.5 Skillet facilitates bookings for residential, business and community-based 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 000.
34.6 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, our related entities or affiliates in any way whatsoever. All services and activities that may be promoted on Skillet are provided solely by third-party Businesses. 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.
35 LIABILITY
35.1 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 Platform, 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.
c. we are not liable or responsible for any information that has been misrepresented by a Business or User around Listings or bookings. This also relates to information about Businesses or Listings that have become out of date or are not immediately available.
35.2 Except to the extent permitted by law, nothing in the Agreement has the effect of contracting out of the Australian Consumer Law 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 AUD100.
35.3 To the maximum extent permitted by law and only to the extent clauses 35.1 and 35.2 of these Terms do not apply, our total liability to you under or in connection with the Agreement, or in connection with the Platform or Skillet, or your access and use of (or inability to access or use) the Platform or Skillet, must not exceed AUD100.
35.4 Neither party is liable to the other under or in connection with the Agreement or the Platform 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.
35.5 Clauses 35.3 and 35.4 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.
35.6 Clause 35.4 does not apply to limit your liability:
a. if you are a Business, to pay the Fees;
b. under the indemnity in clauses 22.12 and 33.3; or
c. for those matters stated in clause 35.5.
35.7 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.
35.8 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.
36 SUSPENSION AND TERMINATION
36.1 Unless you are party to a Service Agreement, either you or we may terminate your use of Skillet and terminate the Agreement at any time for any reason.
36.2 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.
36.3 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).
36.4 On suspension or termination, you must immediately cease using Skillet and must not attempt to gain further access.
36.5 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) have:
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.
37 GENERAL
37.1 If we need to contact you, we may do so by email or by posting a notice on the Platform. You agree that this satisfies all legal requirements in relation to written communications.
37.2 The Agreement, and any dispute relating to the Agreement, our Privacy Policy or the Platform, are governed by and must be interpreted in accordance with the laws of New Zealand and Australia. Each party submits to the non-exclusive jurisdiction of local courts in relation to any dispute connected with the Agreement, Skillet, the Privacy Policy or the Platform.
37.3 For us to waive a right under the Agreement, the waiver must be in writing.
37.4 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 6, 8, 11, 17, 18, 19, 20, 22, 24, 27, 33, 34, 35, 36 and 37 continue in force.
37.5 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.
37.6 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.