Updated Jan 2020 

 

This legal notice applies to the contents of the platform and website under the domain name www.nimbly.co.nz, and web applications (accessible via the URL https://) Such services, website and web applications are hereinafter together referred to as the “Platform”. The service is operated by Nimbly 2019 LTD (company registration number 7004055, NZBN 9429046994769) referred to as “Nimbly”, “we”, “us’ and “our’ 

Please read this agreement carefully. These represent the Terms and Conditions for using these services. If you do not agree to these, you may not use this Platform. You are permitted to use our Platform solely on the basis of these Terms and Conditions. 

The Nimbly Platform will evolve over time based on user feedback. These Terms may not answer every question or address every issue raised by the use of the Nimbly Platform. 

We reserve the right to update and/or revise these Terms and Conditions at our discretion. 

   

1. Definitions and Interpretation 

“Account” refers to the Nimbly account you open when you register to use Nimbly’s Service; 

“Appoint” refers to the act performed by the client or us to select and agree for a Nimbler to perform the required job. 

“Business Day” refers to any day in which normal business operations are conducted, considered to be Monday through Friday from 8.30 am to 5.30 pm local time, and excludes weekends and public holidays. 

“Job Post” refers to a description of services required that is posted by a Client on the platform which includes without limitation the description, times and locations for the performance of those services; 

“Member” refers to a worker or the client as required by the context 

“Party” refers to a worker or the client as required by the context; 

“Platform” means the Nimbly website, applications and associated services 

“Nimbler” refers to the temporary and/or casual job seeker registered on the Platoform. 

“Services” refers to the provision by Nimbly of labour hire services to the Client in response to a Job Post. 

“Shift” refers to one or more recurring periods in which a Nimbler provides services in relation to a single Job Post. 

“Site” refers to the Nimbly website. 

“Users” refers to the physical person who created an online account on the platform to find jobs (worker) or to post jobs (client). 

2. The Nimbly Platform 

Nimbly is an online labour hire platform which connects businesses (the “Client”) looking to appoint temporary/casual staff (“Nimblers”) to carry out jobs as per the requirements detailed in their job post.  

Venue 

Our venue for this platform and operation is New Zealand and is subject to the exclusive jurisdiction of New Zealand law. 

We are not an Auctioneer 

We are not an auctioneer under the Auctioneers Act 2013. 

Trust and Safety 

While we cannot monitor our entire site or pre-screen every posting or communication, if we become aware of any inappropriate content or misuse of the platform, we will take appropriate action, which may include issuing a warning, removal of content, disabling an account, permanently banning an individual and we may contact relevant and appropriate authorities, at our sole and absolute discretion. You agree that we may disclose your personal information in accordance with our privacy policy, including your name and contact details, as well as any transactional records, site interactions or other relevant information, to the relevant authorities, parties and/or intellectual property rights holders. 

We own our platform but give you license to use the services. 

To enable you to access our platform, we grant you a limited, non-exclusive, non-transferable and revocable licence to use. Using our site and services means you agree to our Terms, conditions and policies. 

We retain all of our intellectual property rights of this Platform, including all photographs, images, text, graphics, icons, audio clips, software, source code and other aspects thereof (excluding User Content), all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of this Platform (collectively, the "Platform Content"), including all copyrights. You may not adapt, reproduce, copy, store, distribute, publish or create derivative works from any part of the Site, or commercialise or on-sell any information obtained from the Platform or our Services, without our prior written consent. 

However we may need your content too…..the right to use your content 

You retain ownership of your content and nothing in these Terms is intended to claim ownership of your content or to restrict your ability to use your own content. To help us provide and improve our Services though, we need you to give us some permissions in relation to that content, which is set out below. 

You give us a licence or right to use your content so we can improve and provide our Services. This is referred to this as an intellectual property licence under which you grant a non-exclusive, transferable, sublicensable, royalty-free, and worldwide licence to us, to use, store, display, reproduce, modify, distribute, create derivative works, and save your content in any manner and on any media or platform to promote, improve and provide our Services. This means, for example, that if you list a job, you give us permission to store, copy, use and share that Listing (including any photos). This licence continues even if you stop using our Services. You confirm that you have the right to grant this licence to us. 

Examples of how we may use your content 

• by displaying it on a third-party website to promote the Listing while it’s live.  

• Store the Listing so that we can help you re-list it in the future  
• use the content for marketing purposes 
• store and use the content for our own internal purposes, to help us improve our Platform and Services.  
• We will not use your trademarks and logos without your permission. 

We may change our services; but we will let you know if we do 

We want to continuously improve our Platform and Services. Therefore, we may add or disable features or functions at any time, or we may suspend or stop providing a Service altogether. 

Nimbly will provide the services to the client on the terms set out in this document.

2. Accounts and Membership 

Create an account 

It’s free to create an account on the Nimbly platform, however there is some eligibility criteria that you must agree to meet; 

• You are required to complete the registration process and you will need to assign a user name and password to your profile. We may allow you to register or log-in with a third-party service (e.g. Facebook or Google+), in which case we will access, store and use your information from that service (subject to their terms) 

• You agree to provide accurate, true and complete registration information, and to keep this information updated within the profile.  
• Be at least 16 years of age 
• One registration only – do not register as or under multiple identities, personas, or aliases (whether they are false or not) 
• The Nimbler must have the right to work in New Zealand and comply with tax and regulatory obligations set out by the New Zealand Government, under New Zealand law 
• Taxes and Levies – if the Nimbler chooses to work as an independent contractor then they are solely responsible for complying with New Zealand law in their tax obligations.

Manage your account 

• Keep your account up to date and ensure your personal and account information is always current and correct. We reserve the right to contact you to verify your details at any time 
• You are solely responsible for the activity on your account, so you need protect it. Do not give away any of your Nimbly account information to anyone and keep your login and password safe and secure at all times  

• Do not let others use your account, we do not permit this. When a poster hires someone with specific badges, qualifications, reviews and ratings, they expect to get that person only. Be fair! 
• Your account is not transferable and can’t be sold, leased, lent or traded.

Let’s Communicate 

When you use this Site, or send emails to Us, you are communicating with Us electronically. You consent to receive communications from Nimbly electronically. 

We may contact you from time to time regarding your account, transactions, site information and updates or promotions that we think are relevant or that you’ll be interested in. You can unsubscribe from all emails and newsletters that don’t contain important information about using the Nimbly platform. 

Please refer to our Privacy Policy

Account Termination 

You may terminate your account at any time by closing your account and discontinuing your use of the Platform. 

Similarly, we reserve the right, without prior notice and at our sole discretion and with alignment with NZ law, to terminate your right to use this Platform, or any portion of this Platform, and to block or prevent your future access to and use of this Platform if you violate the Terms, conditions or policies. Your license to use Nimbly will be revoked. You agree not to bypass these controls in any way and agree not to create a new membership. 

 If your account is terminated (by you or by us), your ability to access our Site will end and you agree to stop using the Platform.  

If your access to our Platform has been terminated or restricted by us, there will be a reason for this and if we can, we’ll tell you why. If we have explained why your access has been terminated, we reserve the right to cease any further correspondence with you. 

Other reasons why an account may be terminated may include:   

• the other Party breaches a term of this Agreement and such breach is not able to be remedied within 7 days of the aggrieved Party requesting it to be remedied or the breach is of such a nature that it cannot be remedied 

• the other Party is the subject of an Insolvency Event 

• the other Party suspends or ceases its business 

• the other Party or any of their Representatives are found to be guilty of fraud, dishonesty or any other serious misconduct. 

 Consequences of Termination 

  On the expiry or termination of this Agreement for any reason: 

• each Party retains its rights in respect of any breach by the other Party; and 

• the Client is not liable to pay for any Services provided after expiry or termination but shall remain liable to pay for Services provided prior to such expiry or termination. 

 Return of property 

On the expiration or termination of this Agreement for any reason, Nimbler must immediately return all the Client’s equipment, information, documents and property used in provision of the Services or otherwise in Nimbler’s possession or control, except to the extent required by law. 

Force Majeure 

If a Party is prevented from or delayed in performing an obligation under this Agreement (other than an obligation to pay money) by a Force Majeure Event then the obligation is suspended during, but for no longer than, the period the Force Majeure Event continues and such further period as reasonable in the circumstances. 

The Party that is prevented from or delayed in performing the obligation must promptly notify the other Party of its inability to perform the obligation due to the Force Majeure Event. 

Warranties in relation to Nimblers 

Nimbly warrants that, in connection with each Nimbler provided to the Client: 

• it has complied with all applicable laws, regulations and procedures, including but not limited to any occupational health and safety, workers compensation, superannuation, employment, discrimination and migration laws; 
• it will be responsible for each Nimbler’s statutory or award entitlements, including but not limited to wages, overtime, annual leave, personal leave, workers compensation and notice payments 
• it will pay all necessary taxes and superannuation in relation to the Nimbler and provide the Nimbler with group tax certificates 

• it will keep all necessary employment records of the Nimbler. 

General warranties 

Each Party represents and warrants to the other Party: 

• it has full corporate power to enter into and give effect to this Agreement and the transactions contemplated by this Agreement; 

• it has taken all necessary action to authorise the execution, delivery and performance of this Agreement; 

Nature of the relationship between the Client and Nimbler 

Nothing in this Agreement creates a relationship between the Client and any Nimbler of employer and employee. 

As part of its Service, Nimbly will use reasonable endeavours to confirm the Nimblers identity and if requested by the Nimbler, we will verify their qualifications and past experience. Notwithstanding the foregoing, Nimbly shall not be liable or responsible to the extent it has been provided with misleading, incorrect, inaccurate, false or fraudulent information by a Nimbler. 
It is the Client’s responsibility to supervise the Nimbler(s) assigned to their Engagements and to ensure that the Nimbler(s) provide the Services in accordance with the Client’s reasonable instructions and to the Client’s reasonable satisfaction. 

The Client acknowledges that the Nimbler is not authorised or permitted by Nimbly to enter into any contract with the Client purporting to be made or on behalf of Nimbly, or to make any statements or representations to the Client purporting to be made by or on behalf of Nimbly and/or receive loans or advances on wages from the Client. 

3. Community Commitments 

We provide our Platform with the aim of trust, integrity and honesty and we expect the same from you. To help us do that, we need you to make certain commitments: 

Code of conduct 

Our “Code of Conduct” sets out principles and behaviours that Nimbly and its community reasonably expect of its members. Its not rocket science, just keep it clean! 

Please refer to our Code of Conduct Policy.

Be Fair and Keep it onsite:  

You agree not to 

• use the platform to promote services outside of the platform 
• complete a transaction, that originated on Nimbly, outside of the Nimbly platform 
• seek to avoid payment outside of the Nimbly platform 

Just be legal  

Be legal and compliant, you’ll need to comply with all applicable laws to the extent they apply to your jobs and employment and use of this platform 

Examples of some relevant laws are the  following:

Harmful Digital Communications Act 2015 

Copyright Act 1994 

Trade Marks Act 2002 

Health and Safety at work Act 2015 

Health and Safety in the Workplace 

The client is responsible for ensuring the health and safety of Nimblers while they are hired to perform its required jobs. 

The client is responsible for delivering any current required training, safety and site procedures to the Nimbler prior to the start of the job. 

Disputes  

You agree to try to resolve any disputes you have with the other party directly with them. If this is not successful, Nimbly will attempt to resolve the dispute via mediation and in line with NZ Law 

If you have a dispute with us, please get in touch and we’ll try to resolve it promptly. If we need to contact you about a dispute, we’ll use the last email address you gave us or any other reasonable method. If we haven’t been able to resolve a dispute informally, either party can look to resolve a dispute or seek any remedy available through any legal method available. 

Ratings and Reviews 

The ratings and reviews function are enabled on the platform as a way to build trust between parties and help build a great user experience and quality of the platform 

Any feedback you provide must not be offensive, defamatory, retaliatory language or content. Keep it constructive, considerate and clean.  

If we become aware of any infringing feedback, we will remove it. 

Any feedback should relate to the specific provision of services. 

4. Our liability is limited 

Risk 

You acknowledge that transactions and communication between you and other members are at your own risk and that we do not act for any members.  To the maximum extent permitted by law, you assume full responsibility for any loss or damage that results from your use of the Nimbly platform. We won’t be liable to you or any other person in connection with the Services provided, this Platform, your use of the Services or Site, or another Member’s acts or omissions, whether for negligence, breach of contract, breach of statutory duty or otherwise. We won’t be liable for anything that is outside of our reasonable control.  

We won’t be liable for any loss or damage, whether direct or indirect. For example, we won’t be liable for loss of profits, loss of business or anticipated savings, general or special damages, or consequential or incidental loss. 

We are not liable, responsible or give no representations or warranties for: 

• any Member Services that are offered or provided 
• the honesty, reliability or capacity of a Nimbler to complete a job or task 
• the competence, skills and qualifications of a Nimbler 

• the accuracy and truth displayed on members profiles or listings 
• That any service provided by a member on our site will meet your requirements or expectations 

Member conduct on our Site 

We don’t have control over users’ accounts, nor do we pre-screen every 

We don’t have control over users’ accounts, nor do we pre-screen every listing, communication or feedback before it’s posted on our Site. Because of this, we take no responsibility for any misconduct of our Members 

 For example, we are not liable if: 

• A Member has registered under false pretences or has attempted to defraud you 
• A listing or profile is inaccurate or untrue, or if the Nimbler doesn’t have the right to work 
• A member fails to complete a service  

Despite this, we would like to know if you feel have been deceived with false information so that we may be able to take action if appropriate 

Site – We don’t guarantee an error free, secure Platform, free from viruses and other malicious content or code, however we will do our best. 

We don’t guarantee that our Services will always be 100% secure, uninterrupted or error-free. We do not warrant that the Platform is free from Malware, Viruses or other forms of malicious content that may damage your property and do not accept responsibility for any damage.