Terms of Use

What to expect, and what will be expected of you.

Updated over a week ago

Welcome to https://app.jobloads.com; https://jobloads.com ("Platform"). Please take a few minutes to review these Terms of Use. The Terms of Use describe your rights and responsibilities and what you can expect from Jobloads Limited NZBN 9429047441958 (“Jobloads”, “us”, “we” or “our”) and our exclusions and limitations of liability to you.

By using the Platform, or the services offered on the Platform (“Services”), you agree to be bound by these Terms of Use. These Terms of Use also apply to any job in which you engage because of your use of the Platform or the Services, including the provision of services to third parties regardless of the site location of the (“Jobs”).

Jobloads reserves the right to add to, delete or change these Terms of Use at any time by providing you 10 business days’ notice. You will be deemed to have accepted such changes by continuing to use the Services or participate in the Jobs. As such, you should check these Terms of Use regularly for such changes. If you do not agree to these Terms of Use or any changes made by Jobloads, you must immediately inform Jobloads, immediately stop using the Services, and consult with Jobloads about arrangements to stop performing the Jobs as soon as practicable.

Jobloads provides a job management platform that puts everything you need to make jobs happen in one place, where everyone can work together. It also provides a business-to-business marketplace connecting people supplying their services to businesses with the demand.

  1. Member - registration, eligibility, and subscription

    1. For us to provide you with our Services, you must sign in and become a registered user of the Platform (“Member”).

    2. Registration involves setting up an account on the Platform. Once you have set up an account you will have a Member and Account profile on the Platform.

    3. By becoming a Member you represent and warrant that:

      1. the information you provide is accurate, complete and up-to-date and you will inform us of any changes to that information;

      2. you will engage with other Members in accordance with all applicable laws, industry codes and standards.

    4. If you are a Supplier and register to become a Member you represent and warrant that:

      1. you are over the age of 17;

      2. you can provide a photo of yourself;

      3. you can provide at least two professional reviews;

      4. You have an NZBN;

      5. you are legally authorised to work as an independent contractor or own a business in New Zealand; and

      6. you will create and maintain only one profile on the Platform at all times.

    5. We reserve the right to accept or refuse any membership registration to use the Services at our sole discretion.

    6. All personal information you provide to us will be treated in accordance with our Privacy Policy.

    7. Jobloads is not required to verify information provided by a Member, and you are solely responsible for sighting original documents to verify any representation that a Member has made.

    8. Jobloads has the right, but not the obligation to Independently verify any information provided by a Member on the platform.

  2. Our Service

    1. Jobloads provides a job management platform that puts everything you need to make jobs happen in one place, where everyone can work together. It also provides a business-to-business marketplace connecting people supplying their services ("Suppliers") to businesses with the demand ("Hirers"), and share real-time job information to their supply chain leader ("Partners").

    2. Jobloads is not a recruiter or employment agency.

    3. Jobloads does not employ or contract suppliers.

    4. You acknowledge that there is no employment, independent contractor, or agency relationship between yourself, or anyone you represent or work for, and Jobloads. This acknowledgement does not affect the contractual relationship between you and Jobloads solely for the purposes of these Terms of Use.

    5. Jobloads is not a party to any contract made between Hirers looking to engage seasonal contract services and the Suppliers.

    6. The role of Jobloads is to:

      1. upload to the Platform service listings placed by Suppliers looking to connect with Hirers.

      2. upload to the Platform profiles of Members, Sites, and their Team Members.

      3. facilitate online communication, through our messaging system, between Hirers looking for seasonal contract services and Suppliers.

      4. facilitate jobs between Suppliers and Hirers.

      5. facilitate add on services for Suppliers through Jobloads Plus.

      6. facilitate job management and online collaboration.

      7. facilitate job data sharing between Partners, and Hirers or Suppliers through the Jobloads Partner Network product.

    7. Jobloads relies on the information provided by Members to perform these roles.

    8. Jobloads does not involve ourselves in the terms of engagement between Members or the regulation of their engagement with each other.

    9. In no circumstances does Jobloads have control over, or responsibility for, the acts or omissions of Members.

    10. Members seeking seasonal contract services are solely responsible for the selection and recruitment process including compliance with all applicable New Zealand laws.

    11. While we place restrictions on the conduct and use of the Services, it is possible that some Members may not comply with these Terms of Use. We encourage all Members to be cautious when interacting with other Members.

    12. You understand that the Services are provided “as is” and “as available”. We do not represent or warrant that:

      1. the content on the Platform or information provided by any Member is accurate, complete or current;

      2. a suitable connection will be found using the Services;

      3. your access will be uninterrupted or error free.

    13. Access to the Platform may be suspended temporarily without notice in the case of system failure, maintenance or repair or any reason beyond our control. We reserve the right to change or withdraw the Services at any time. If we do, we will post the details on the Platform.

  3. Termination and suspension

    1. You may delete your account for any reason by contacting us by emailing [email protected] and letting us know you wish to delete your account.

    2. We reserve the right to, without limitation and in our sole discretion, do any or all of the following in relation to your Membership:

      1. suspend your Membership;

      2. permanently or temporarily hide all or part of your profile;

      3. modify your profile;

      4. terminate your Membership for any reason by providing notice to you by email;

      5. terminate your Membership immediately without notice to you if you have committed a breach of these Terms of Use;

      6. permanently or temporarily block your access to all or part of the Platform.

      7. In the event of unusual activity, we reserve the right to temporarily or permanently suspend payment via your credit card and we may contact you, your bank or any other event third party to report such unusual activity.

  4. Member expectations

    1. It is your responsibility to conduct yourself appropriately on the Platform and exercise caution when connecting with other Members.

    2. Jobloads has an Inclusion & Respect Policy, Standards for Suppliers, and Standards for Hirers connecting through the platform. Failure to adhere to these conditions may result in termination of your Membership.

    3. To help ensure a safe online environment, Jobloads reserves the right, but is not obliged to remove, edit, refuse to list or review any content it deems inappropriate or out of date.

    4. Correspondence between Members is for the sole purpose of supplying, managing, and contracting services.

    5. If you receive the personal information of a Member, you may only use this information to connect through the platform.

    6. You may not use another Member’s personal information for any other purposes.

    7. Where you have obtained personal information from another Member, including phone numbers, email addresses, addresses, and are no longer using this information for the purposes set out in the Platform, you must return or destroy this information and upon request by Jobloads warrant to Jobloads that you have done so.

  5. Copyright or Content Ownership

    1. Any images, sounds, or text (content) that you transmit or post on the Platform, or otherwise transmit to any other Member by any other means, must be complete and accurate.

    2. You give us a limited license to use the content posted by you and your users in order to provide the Services to you, but we claim no ownership rights over those materials. All materials you submit to the Services remain yours.

    3. You agree not to post or transmit or otherwise transmit to any other Member by any other means, content that:

      1. is unlawful, obscene, defamatory, indecent, offensive or inappropriate;

      2. is false or misleading in any way;

      3. infringes the rights (including intellectual property rights) of any third party;

      4. you do not have a right to make available under any law or contractual obligation;

      5. promotes, or provides information about, illegal activities or conduct, including content that is sexually explicit or contains sexual references / innuendo;

      6. contains restricted or password only access pages, or hidden content;

      7. contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;

      8. promotes any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming;

      9. impersonates another person or entity;

      10. promotes racism, bigotry, hatred, harassment or any kind of harm against any group or individual;

      11. exploits any person under the age of 18, or to solicit information from anyone under 18; or

      12. solicits money, passwords or personal information from any person.

    4. You are solely responsible for content that you transmit or post on the Platform, or otherwise transmit to any Member.

    5. We do not pre-screen content, but we reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available on the Platform.

    6. Jobloads owns all rights, titles, and interests in and to the Services, including all intellectual property rights therein, and you obtain no ownership rights in the Services as a result of your use. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from Jobloads. You must request permission to use the Jobloads’s logos or any Service logos for promotional purposes. Please email [email protected] any requests to use logos. We reserve the right to rescind any permissions if you violate these Terms.

    7. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission of Jobloads.

  6. Use of the Platform and prohibited activities

    1. You agree not to:

      1. use any robot, spider, or other device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of the Platform;

      2. "frame" or "mirror" any part of the Platform without our prior written authorisation;

      3. use code or other devices containing any reference to the Platform or Jobloads to direct other persons to any other web page;

      4. modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Platform or cause any other person to do so.

    2. We have no obligation to monitor your use of the Platform.

  7. Membership Fees

    1. By becoming a Member, you agree to pay for the Membership Fees. We will charge your credit card immediately and your billing cycle starts on the day you subscribe. For other upgrades or downgrades in plan level, the new rate starts immediately and any additional fees for upgrades, or credits for downgrades, will be applied to the remaining days in the billing period.

    2. Fees may be charged for other services we offer. These services and applicable fees will be set out on the Platform or in our communications with you.

    3. As a Supplier Member of Jobloads using the Platform for the purpose of managing your jobs, connecting with hirers, and strengthening relationships, you must complete your profile and load a service listing to get started.

    4. As a Hirer Member of Jobloads using the Platform for the purposes of managing your jobs, connecting with suppliers, and strengthening relationships, you must complete your profile and load a site to get started.

    5. Sometimes we change the pricing structure for our services. When we do that, we tend to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will give at least 30 days’ notice and will notify you via the email address on record. We may also post a notice about changes on our websites or the affected Services themselves.

    6. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities.

    7. You will not be entitled to any refund of payments for chargeable services or features.

  8. Free Services

    1. Where you use Free Services:

      1. the Free Services are provided on an as is basis, and, despite any other provision in this Agreement, all liability, conditions, warranties and guarantees in relation to the Free Services are excluded by us to the maximum extent permitted by law;

      1. no Membership Fees are payable for the right to access and use the Free Services;

      1. your right to access and use Free Services will end on the date specified by us in writing or at the end of the advertised availability or trial period (if applicable);

      1. either party may terminate your right to access and use Free Services at any time by giving notice to the other party;

      1. nothing in this Agreement requires:

        1. you, on termination of the Free Services, to acquire the right to access and use the Service under a fees-based plan; or

        2. us, on termination of the Free Services, to provide you with access and use of the Service or any other service, unless you acquire the right to access and use the Service under a fees-based plan; and

        3. except as set out in this clause 8, this Agreement applies to your access and use of the Free Services.

  9. Job Contracts

    1. The Supplier enters a job directly with the Hirer looking for seasonal contract services, or their representative, via the Platform, regarding the provision of seasonal contract services.

    2. Jobloads is not a part of this contract.

    3. This contract will set out:

      1. Services that will be provided and the Supplier.

      2. Hirer job details and requirements.

      3. Rates at which services will be charged.

      4. Pay rates at which workers will be paid.

      5. Any other information required or deemed necessary by either Member for the supply of seasonal contract services.

      6. Agreement to uphold the expectations of the Jobloads network.

  10. Job Cancellation

    1. Hirers may cancel a job request before it is accepted by a Supplier.

    2. Once a Supplier has accepted a job, they are committed to providing the services. However, in exceptional circumstances, a Member may cancel a job. In such cases, the following conditions apply:

      1. If cancellation occurs more than 30 days before the scheduled job-start, the cancellation will not be recorded on the Member’s account profile.

      2. If cancellation occurs less than 30 days before the scheduled job-start, a record of the cancellation event will be recorded on the Member’s Organisation Account profile.

    3. If a Supplier fails to show up for a scheduled job without prior notice, the Hirer can mark them as a no-show on the Job page. A record of the no-show event will be recorded on the Member's Organisation Account profile.

    4. In cases of genuine emergencies or unforeseen circumstances, the cancellation penalty may be waived. Members must promptly communicate such situations through the App's messaging system.

    5. Members are required to action cancellations through the platform's Your Jobs page and give a reason, and in the event of a dispute related to a cancellation, Members agree to follow the dispute resolution procedures outlined in these terms.

  11. Jobloads Partner Network

    1. Partners can access the Jobloads Partner Network and invite their clients who are Members of the service to share job data.

    2. We will only share your job data with Partners when you've given consent to do so, for the purposes that we have authorised.

    3. The purpose of sharing this job data is to provide real-time oversight on client jobs who are Members. This will be presented on a dashboard for the benefit of the Parnter to understand job data.

    4. The types of job data that will be shared:

      1. job status

      2. job duration

      3. job type

      4. job rate

      5. job supplier

      6. job workers

      7. job product group

      8. or other data pertaining to a job

    5. You may withdraw your consent to the sharing of your data at any time by contacting us at [email protected]

    6. The Partner agrees to take all necessary steps to protect the security and confidentiality of the data shared by the Member. The Partner will implement and maintain appropriate technical, physical, and administrative safeguards to prevent unauthorised access, use, or disclosure of the data.

  12. Jobloads Plus and Payments

    1. Jobloads Plus is an administration service for Suppliers, available as an optional offering.

    2. Members that access the Jobloads Plus service agree to:

      1. Jobloads using Member timesheet approvals for units worked, expressed as hourly or by the piece, to send an invoice to Hirers for seasonal contract services on behalf of the Supplier.

      2. Jobloads using Member timesheet approvals to create a Buyer-Created Tax Invoice (BCTI) for Supplier earnings and to pay the tax obligations on behalf of the Supplier and deduct the administration fee payable to Jobloads.

      3. The administration fee payable to Jobloads is 20% of the Supplier earnings.

    3. These fees will be automatically charged as part of Jobloads transactions and reflected in the associated invoices and remittances.

    4. Details of the seasonal contract services provided including seasonal worker name, date and time services were provided, units worked, and rate will be provided on invoices generated by Jobloads for Jobloads Plus services.

    5. Where applicable, the hourly or piece-work rate charges and fees will be quoted ex GST and GST of 15% will be applied at invoice.

    6. An invoice will be provided to the Member who engaged the seasonal contract service, or other party responsible for payment, through email by Jobloads.

    7. Week-to-week, after the delivery of seasonal contract services, the Supplier must approve timesheets for seasonal workers on the Jobloads payroll and submit timesheet approval to the Hirer.

    8. The Hirer who engaged the Supplier services must review the timesheets and is required to immediately approve or amend the timesheets.

    9. The Hirer is deemed to have approved the timesheets by not rejecting the timesheets within four hours of receipt, after which time Jobloads Limited will accept the timesheets as being approved by the Hirer.

    10. Invoices issued under Jobloads Plus Services, this Agreement, have a strict two-day payment term.

    11. If the person responsible for paying invoices or approving timesheets changes, the Hirer must provide the contact details of this person or organisation responsible. We will contact this person or organisation so that their details can be added to the Jobloads system.

    12. Jobloads reserves the right to correct any errors in the payment of Jobloads fees even if payment has already requested and/or received.

    13. Jobloads is not responsible for and will not reimburse any fees incurred by any Members from their bank or other financial institution, including without limitation overdraft charges, insufficient funds charges, interest charges, or finance charges, which may have occurred as a result of charges billed through Jobloads.

    14. Jobloads reserves the right, at any time, to modify its fees and or billing method.

    15. If payment for an invoice is not made in full, in accordance with these Terms of Use, Jobloads will take steps to recover payment for services from the person responsible for payment for the services. This includes charging the Credit Card on file for unpaid services. Further, Jobloads may suspend the Member's account and charge a non-payment fee in addition to amounts charged by the issuer of the Member’s nominated Credit Card.

  13. Bank account and/or credit card details

    1. Jobloads requires Jobloads Plus Suppliers to provide their bank account details.

    2. Subscription Members paying by credit card will be required to provide credit card details. These details are entered through the Platform however they are not stored on the Platform. Rather these details are stored with our third-party payment processing partners.

    3. Each Member is solely responsible for the accuracy of the bank account or credit card details that it provides to Jobloads, including the bank account number and BSB number, or the credit card details.

    4. Jobloads expressly disclaims all liability related to errors in fund deposits due to inaccurate or incomplete bank details or credit card details being submitted by Members.

    5. If your existing nominated bank account or credit card is cancelled, suspended or is otherwise not usable, you must immediately provide Jobloads with details for an alternative nominated bank account or credit card which can be used.

  14. Third party services

    1. Jobloads uses third party providers to store and process bank account information and payments.

    2. Jobloads also uses third party providers to deliver the Jobloads Plus services.

    3. Jobloads expressly disclaims any and all liability for any claims or damages related to our use of third-party services, including without limitation any damage that may result should any such information be released to any third parties.

  15. Liability

    1. The Supplier is liable for all acts or omissions in the provision of seasonal contract services.

    2. The Hirer is liable for all acts or omissions when receiving services through the Jobloads platform.

    3. You expressly understand and agree that Jobloads shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Jobloads has been advised of the possibility of such damages), resulting from:

      1. The use or the inability to use the Services.

      2. The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services.

      3. Unauthorised access to or alteration of your transmissions or data.

      4. Statements or conduct of any third party on the service.

      5. Or any other matter relating to these Terms or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.

    4. In other words: choosing to use Jobloads does mean you are making a bet on us. If the bet does not work out, that’s on you, not us. We do our best to be as safe a bet as possible through careful management of the business; investments in security, infrastructure, and people; and in general, leading better. If you choose to use our Services, thank you for betting on us.

  16. Disputes and grievances

    1. Jobloads does not get involved in disputes between Members. However, if there has been a potential breach, we investigate using the guiding principles outlined in the Member Standards.

  17. No third-party beneficiaries

    1. You understand and agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third-party beneficiaries to these Terms of Use.

  18. Intellectual property

    1. All copyright, images, logos, text, trademarks, content and any other intellectual property rights in the Platform, including Jobloads’ trademarks and logo is the property of Jobloads and must not be used in any way without our prior written consent.

    2. You own all rights, title and interest to the content that you submit or post on the Platform.

    3. You grant us a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sub-licensable licence to use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or part, your content for any purpose. You warrant that you have the right to grant us such rights.

  19. Security

    1. You are responsible for maintaining the confidentiality and security of your account including your Member name/email address and password and you further acknowledge and agree that you will not disclose these details to any person not duly authorised by you.

    2. You are solely responsible for all activities that occur on your account and under your Member name/email address and password.

    3. You are solely responsible for all activities that occur on your account by Members you invite onto your account as team members.

    4. You must immediately notify us of any unauthorised use of your account, Member name/email address or password.

    5. We may at any time request a form of identification to verify your identity and/or your compliance with these Terms of Use.

  20. Features and bugs

    1. We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations.

    2. We also test all our features extensively before shipping them. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed, and we don’t guarantee completely error-free Services.

  21. Other activities and third-party Platforms

    1. From time to time, we may promote, or advertise events, offers, products, services or other activities that may be conducted offline and may be conducted by third parties. These events, products, services or other activities may be subject to separate Terms of Use. You acknowledge that you participate in any of these activities entirely at your own risk

    2. The Platform may feature or display hyperlinks and pointers to Platforms operated by third parties. Such Platforms do not form part of the Platform and are not under our control. We do not accept any responsibility for the contents of any such hyperlink or linked Platform. If you link to any third-party Platforms you leave our Platform entirely at your own risk.

  22. Promotional offers

    1. We may run promotional offers on the Platform from time to time. The terms of any such promotion will be posted on the Platform. We have the sole discretion to establish and modify the terms of these offers and end any such offer at any time.

  23. General

    1. Any failure by Jobloads at any time to enforce these Terms of Use or any of its rights will not be a waiver of such rights or affect the validity of these Terms of Use. If any clause or part of a clause of these Terms of Use is not valid or enforceable it will be severed, and the remainder of these Terms of Use will continue to have full force and effect.

    2. These Terms of Use are governed by the laws in force by the country of New Zealand. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New Zealand to determine any dispute concerning these Terms of Use.

    3. If you have any questions or concerns, email us [email protected]

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