1. Introduction

These terms and conditions are the contract between you and SkillBooking (“us”, “we”, etc). By visiting or using the SkillBooking Website, you agree to be bound by them.

We are SkillBooking Limited, a company registered in New Zealand, number 942905069559 , and Australia, number 21100411326.

GST number: 136-441-965

If you are under the age of 16, you are unable to register on the SkillBooking Website.

If you are a Minor, please make sure a Legal Guardian is always present when registering with the SkillBooking Website or accepting any Job offers.

Please read these terms carefully before registering to the SkillBooking Website or using our Services. If you do not agree with any part, you should leave the SkillBooking Website immediately.

2. Definitions

3. Interpretation

In this agreement unless the context otherwise requires:

1. a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.
2. in the context of permission, “may not” in connection with an action of yours, means “must not”.
3. the headings to the paragraphs in this agreement are inserted for convenience only and do not affect the interpretation.
4. any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
5. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

4. Basis of Contract

1. The SkillBooking Website is a marketplace for a Skiller to advertise their skill and potentially meet prospective Booker.
2. The SkillBooking Website has only Authenticated Members.
3. Use of the SkillBooking Website by a person who is minor requires a Legal Guardian and the Legal Guardian will accept the Terms and Conditions. The Legal Guardian is to oversee all decisions made by the minor. Please refer to Section 6 for work guidance.
4. In entering into this contract, you have not relied on any representation or information from any source except the definition and explanation of the Services given on the SkillBooking Website.
5. Subject to these terms and conditions, we agree to provide to you some or all of the Services and products described on the SkillBooking Website at the prices we charge from time to time.
6. Some of our Services are now or may in future, be available to you only subject to additional terms. Those terms will be set out on the SkillBooking Website. You now agree that if you choose to use any such service, the relevant terms will become part of this agreement.
7. We are not a party to any transaction between a Booker and a Skiller
8. You acknowledge that you understand exactly what is included in the Services and you are satisfied that the Services are suitable and satisfactory for your requirements.
9. So far as we allow use of our Intellectual Property, we grant a licence to you, limited to the terms set out in this agreement.
10. The contract between us comes into existence when you click “Accept & Join” or “Sign Up” or register to the SkillBooking Website or a paid account. If you do not agree to contract or terms and conditions, do not click “Join now” or “Sign up” to use our Services.
11. We may change this agreement and/or the way we provide the Services, at any time. If we do:
    1. The change will take effect when we Post it on the SkillBooking Website.

5. Your account and personal information

1. When you visit the SkillBooking Website, you accept responsibility for any action done by any person using your name, account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
2. You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
3. You can at any time update your information by clicking “Settings” tab and updating the required information that outdated. If you do not do so, we may terminate your account.
4. When registering to use the SkillBooking Website, you will be required to complete your account information and upload a proof of identification. This information allows us to identify you and prove your identity is correct.
5. Proof of Identification is required to protect users on the SkillBooking Website. Your proof Identification will not be used in any other form or manner excluding for what was stated in the last previous sub paragraph.
6. If your proof of identification does not match your information provided when registering on the SkillBooking Website, (we will send an email to the registered email requesting a new proof of identification to upload by clicking on “Setting” tab, otherwise) we may terminate your account.
7. If you are a Minor:
   1. your Parent or Legal Guardian must sign the consent form on your behalf, this will be emailed to your Parent or Legal Guardian to the nominated email address.
   2. all activities on the SkillBooking Website must be supervised by Parent or Legal Guardian, this includes but is not limited to: Project posting, Job posting, Job acceptance and other activities.

6. Email notifications

1. Job Notifications
   1. Skiller Notification: When a Booker selects a Skiller for a job, the Skiller will receive a notification email. This email is crucial for the Skiller to accept or decline the job offer.
   2. Booker Notification: Once the Skiller responds to the job offer, whether they accept or decline, the Booker will be notified via email.
2. Board Notifications
   1. Job Posting: When a Booker posts a job on the job boards, all Skillers in the relevant category will receive an email notification about the job posting.
   2. Interest Notification: Skillers who express interest in the job will trigger an email notification to the Booker, informing them of the Skillers' interest.
   3. Selection Notification: When the Booker selects a Skiller from the interested candidates, an email is sent to the chosen Skiller. All other Skillers who expressed interest will be notified that they were not selected for the job.
3. Mutual Agreement Notifications
   1. If either party (Skiller or Booker) raises a mutual agreement to separate, an email notification will be sent to the other party. This notification ensures both parties are aware of the mutual decision to end the engagement.
4. Incomplete Job Notifications
   1. If an incomplete job is raised due to unmet agreements, a notification email will be sent to both parties involved. Both parties are required to submit evidence regarding the incomplete job. The admin will review the evidence and make a decision, after which email notifications will be sent to both parties detailing the outcome.
5. Managing Email Notifications
   1. Sleep Mode: Skillers who do not wish to receive job notifications can enable "sleep mode" in their account settings. When in sleep mode, your account will become hidden from searches by Bookers, and you will not receive any job notifications or emails. All other functions of the account remain operational. Note that Sleep Mode is only available for Skillers. Bookers need to receive emails to get notifications about people they have selected to work with.
6. Importance of Notifications
   1. These email notifications are essential for the proper functioning of the SkillBooking platform. They ensure that users are informed about critical activities related to their accounts, including job offers, job status updates, and resolution processes for incomplete jobs.
7. Disclaimer
   1. By using the SkillBooking platform, you agree to receive these essential notifications as part of the service. If you have any questions or need assistance with managing your email notifications, please contact our support team at support@skillbooking.co.nz

7. Age Restriction on where a young person can work

1. Employees under 15 years. An employee or contractor who is under 15 years cannot work:
   1. on a logging site e.g., a forest where trees are being cut down or processed
   2. on a construction site
   3. in any area where goods or hazardous substances are being manufactured
   4. in any area where the work requires lifting heavy weight
   5. in any area where the work being done is likely to harm the employee
   6. with any machinery or assist work with any machinery.
   7. For users in Australia, child employment laws vary by state. You are responsible for ensuring compliance with your local state laws regarding underage work. For guidance, visit the Fair Work Ombudsman website or check with your state’s industrial relations authority.



These restrictions also apply to people under 15 years visiting the workplace. They don't apply if the employee works at all times in an office in that area, or in any part of that area used only for selling goods or services. They don't apply to visitors who are under direct adult supervision, on a guided tour or are in areas open to the public.

2. Employees under 18 years. An employer cannot employ anybody aged less than 18 years to work in:
   1. any restricted area of a licensed premises while that area is open for the sale of liquor, unless they are employed preparing or serving any meal, cleaning, repairing, maintaining, altering or restocking the area of any equipment, removing or replacing any equipment, stocktaking, or checking or removing cash
   2. direct access to gaming machines in gaming venues such as bars, taverns and clubs where a gaming machine society has obtained a licence to operate gaming machines
   3. sex work.
3. Employees under 20. Under 20-year-olds can’t work in parts of casinos where gambling takes place, or undertake any gambling-related duties.

8. Status of Skiller

By registering on the SkillBooking Website as a Skiller, you become an independent contractor and will need to maintain your tax return as per your country’s legislation. Please visit your country’s Tax Office website for more information.

9. Skillers' SkillBooking Portfolio

1. Content Guidelines: Skillers are responsible for ensuring that the content displayed in their SkillBooking portfolio is professional, accurate, and complies with all applicable laws and regulations. This includes any text, images, videos, or other media that they choose to showcase.
2. Visibility to Bookers: Skillers understand that their SkillBooking portfolio is visible to Bookers for the purpose of evaluating their skills and suitability for potential jobs. Skillers should only include information and content that they are comfortable sharing in a professional context.
3. SkillBooking's Role: SkillBooking provides the platform for Skillers to display their portfolio but does not endorse or guarantee the accuracy of the content. SkillBooking reserves the right to remove content that violates the platform's terms and conditions or is deemed inappropriate.
4. Privacy and Contact Information: Skillers should not include sensitive personal information or contact details in their portfolio that they do not wish to be publicly visible to Bookers. SkillBooking is not responsible for the use or misuse of any information that Skillers choose to display in their portfolio.

10. Skiller's Sharable Portfolio

1. Content Responsibility: Skillers are solely responsible for the content they post on their sharable portfolio. This includes ensuring that the content is accurate, appropriate, and complies with all applicable laws and regulations.
2. No Endorsement: SkillBooking does not endorse, support, or guarantee the truthfulness, accuracy, or reliability of any content posted by Skillers on their portfolios.
3. Limitation of Liability: SkillBooking holds no responsibility for the content posted on a Skiller's sharable portfolio. SkillBooking is not liable for any claims, damages, or losses resulting from the use or reliance on information contained in a Skiller's portfolio.
4. Right to Remove: SkillBooking reserves the right to remove any content from a Skiller's portfolio that is deemed inappropriate, offensive, or in violation of these terms and conditions.

11. References and Contact Information

1. Sharing Information: Skillers are responsible for obtaining consent from their references before sharing their contact details or any other personal information on the SkillBooking platform.
2. Use of Information: The contact details and information provided by references are to be used solely for the purpose of verifying the Skillers' credentials and skills. SkillBooking and its users must not use this information for any other purpose without the explicit consent of the reference.
3. Protection of Information: SkillBooking is committed to protecting the privacy and confidentiality of references' information. We will implement appropriate measures to secure the information and prevent unauthorized access or use.
4. Responsibility: Skillers are accountable for the accuracy and authenticity of the information provided by their references. SkillBooking is not responsible for verifying the truthfulness or reliability of the information supplied by references.

12. The Price

1. The prices payable for Services are clearly set out on the SkillBooking Website.
2. The SkillBooking Website has only Authenticated Members.
3. Prices are inclusive of any applicable goods and services tax or other sales tax.

13. Refundable deposit system

1. Deposit Requirement: For each job posting, Bookers are required to pay a refundable deposit of $25 (equivalent to one token). This deposit is intended to ensure commitment from the Booker and security for the Skiller.
2. Deposit Usage: The deposit is tied to the specific job for which it is paid. It will be held by SkillBooking until the job is successfully completed. Upon completion, the deposit will automatically be returned to the Booker's pool of deposits.
3. Refund Process: If a job is canceled or the deposit is not tied to any job, Bookers can request a refund by navigating to the "Settings" tab, selecting "Subscription," and then "Available Tokens." Bookers can choose the number of tokens they wish to pay out for a refund. Each token represents a $25 refundable deposit. For Australian users, refunds will be processed in compliance with the Australian Consumer Law (ACL). If a service is not provided as promised or is significantly different from the description, users may be entitled to a refund beyond the terms stated in this Agreement. Nothing in this Agreement limits your statutory rights under ACL.
4. Dispute Resolution: In the event of a dispute between a Booker and a Skiller, either party can raise a ticket for resolution. If the dispute is resolved in favor of the Skiller, and the Booker is found at fault, the deposit may be used to compensate the Skiller. The final decision on the allocation of the deposit will be made by the SkillBooking admin based on the evidence provided.
5. Cancellation Policy: If a Booker cancels a job after hiring a Skiller, but no service has been provided, the deposit will be returned to the Booker. The job will then be reopened for selection of a new Skiller. The listing fee is non-refundable.
6. Multiple Jobs: Each job requires a separate $25 deposit and a $12 listing fee. Bookers can purchase multiple deposits and listing fees, but they must assign each deposit and listing fee to a job before purchasing another set. There is no requirement to wait for a job to be completed before purchasing a deposit and listing fee for a new job.
7. Refund Eligibility: Deposits are eligible for refund if not tied to a job or if the job is canceled under the conditions outlined above. Refunds will be processed manually by the SkillBooking admin, and Bookers are required to provide their bank details for the refund. The Token will be removed from the Booker's account once processed.
8. Refund Timing: Please note that refunds for deposits may be subject to a mandatory holding period of up to 14 days due to our third-party payment processor, Stripe. This period is outside the control of SkillBooking and applies regardless of the reason for the refund. SkillBooking will process refunds promptly upon eligibility, but delays caused by Stripe’s processing times may affect when funds are returned to your account

14. Token Refund Policy

1. Email Verification: If your email address does not match our records of the token, you will be contacted to provide proof of ownership of the token before the token is refunded. Acceptable proof of ownership may include a copy of the purchase receipt, verification of the associated SkillBooking account, and any other relevant information.
2. Refund Timing: Tokens may only be refunded 14 days after the date of purchase. Requests for refunds made within this period will not be processed until the 14-day window has passed.
3. Refund Request Process: To request a refund, users must submit a formal request through the SkillBooking platform under the "Settings" tab, followed by the "Subscriptions" section, and selecting "Available Tokens". Follow the instructions provided to initiate the refund process.
4. Processing Time: Once the refund request is submitted and all required verification is completed, the refund will be processed within 5-7 business days. Users will be notified via email once the refund has been issued.
5. Non-Refundable Tokens: Tokens assigned to ongoing jobs, active disputes, or any other active engagements on the SkillBooking platform are non-refundable until the engagement or dispute is resolved.
6. Refund Method: Refunds will be issued to the nominated bank account provided by the user.

15. Renewal payments

1. Payment for registering an account is for one year / a fixed period of time.
2. At least one to four weeks before expiry of the period for which you have paid, we shall send you a message to your last known email address to tell you that you licence to use the Services is shortly to expire and to invite you to renew.
3. At any time before expiry of your subscription, you may use the “Setting” tab on the SkillBooking Website to access your personal information and change your requirements for Services or cancel renewal.
4. At expiry of your SkillBooking subscription we shall automatically take payment from your credit card of the sum specified in your subscription and shall confirm the renewal of your SkillBooking subscription for a further period by sending you an email message.
5. Subject to the limitations set out in the preceding subparagraph, you may cancel your membership at least 48 hours before your renewal date. Services will remain active until the expiration date; however, no refunds will be issued for any subscription cancellations.
6. Other than the limitation set out above SkillBooking subscription is non-refundable and non-transferable.

16. Security of your credit card

1. We take care to make the SkillBooking Website safe for you to use.
2. Card payments are not processed on a page controlled by us. We use Stripe as our online payment service providers who will encrypt your card or bank account details in a secure environment.
3. If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we do not store any of your payment details on our systems. All credit card details are handled by Stripe.

17. How we handle your data

1. On sign up we collect your email address and password to create a profile on the SkillBooking website, passwords are encrypted for security purposes.
2. We collect personal information such as age, school, name to identity you and this information is not made public or distributed. This information is used to protect the younger Skiller’s and Booker’s in the SkillBooking community.
3. We collect proof of identity to prove the person to be real and authentic. The proof of identity will not be made public or distributed. This is to help protect people in SkillBooking community. If no proof is supplied this mean the account will not be activated.
4. Legal Guardian may supply proof of identity for a minor but the minor at 18 years old, will be required to supply proof of identity.
5. Our privacy policy is strong and precise. It complies fully with the Privacy Act 2020 which is at Private Policy. For Australian users, data collection and storage comply with the Australian Privacy Act 1988 and Australian Privacy Principles (APPs). You may request access to or deletion of your data in accordance with Australian laws.
6. If you Post Content to any public area of the SkillBooking Website, it becomes available in the public domain. We have no control who sees it nor what anyone does with it.
7. Even if access to your data is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
8. We have no specific plan to use your Content but we need the freedom to be able to publicise our Services. You therefore now irrevocably grant to us the right and licence without payment to publish, distribute, translate and otherwise use any Content that you place on the SkillBooking Website, in the public domain and in any medium. You represent and warrant that you are authorised to grant all such rights.
9. We will use that licence only for commercial purposes of the business of the SkillBooking Website and will stop using it after a commercially reasonable period of time.
10. You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1968.
11. You now irrevocably authorise us to publish feedback, comments and ratings about your activity through the SkillBooking Website, even though it may be defamatory or critical.
12. Posting Content of any sort does not change your ownership of the copyright in it. We have no claim over it, and we will not protect your rights for you.
13. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you;
14. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
15. Please notify us of any security breach or unauthorised use of your account by emailing support@SkillBooking.co.nz .
16. We do not solicit ideas or text for improvement of our Service, but if you do send to us material of any sort, you are deemed to have granted to us a licence to use it in the terms set out at sub paragraph above.

18. Restrictions on what you may Post to the SkillBooking Website

We invite you to Post Content to the SkillBooking Website in several ways and for different purposes. We have to regulate your use of the SkillBooking Website to protect our business and our staff, to protect other users of the SkillBooking Website and to comply with the law. These provisions apply to all users of the SkillBooking Website.

We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can.

1. You agree that you will not use or allow anyone else to use the SkillBooking Website to Post Content or undertake any activity which is or may:
   1. be unlawful, or tend to incite another person to commit a crime;
   2. consist in commercial audio, video or music files;
   3. be obscene, offensive, threatening, violent, malicious or defamatory;
   4. be sexually explicit or pornographic;
   5. use a Posting to solicit responses unconnected with the purpose of the SkillBooking Website or the terms proposed by this agreement.

19. Security of the SkillBooking Website

You will not:

1. link to the SkillBooking Website in any way that would cause the appearance or presentation of the SkillBooking Website to be different from what would be seen by a user who accessed the SkillBooking Website by typing the URL into a standard browser;
2. download any part of the SkillBooking Website, without our express written consent;
3. collect or use any Skiller Project listings, service descriptions, or prices;
4. for any purpose use our name, any proprietary information (including images, text, page layout, or form) of ours or of our affiliates in any way and in particular to entice search robots to some other website
5. hide or remove the banner advertisements on any page of the SkillBooking Website;
6. use on the SkillBooking Website software which assists in performing any automated operation.

20. Storage of data

1. We implement security safeguards designed to protect your data, such as HTTPS. We regularly monitor our systems for possible vulnerabilities and attacks. However, we cannot warrant the security of any information that you send us. There is no guarantee that data may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
2. Any data that is sent through the messaging services within the SkillBooking Website is encrypted.

21. Terms applicable: Skiller Project Posting

1. You understand and agree that you alone are responsible for all of the information you submit to us and for maintaining it up to date.
2. The information you submit for a Project must be accurate and complete. It must not include information which might enable a user and\or Booker to contact you directly, such as a telephone number, email address or street address.
3. If you deal with a Recruiter in a way which assists the Recruiter to avoid liability for payment to us, you agree to be responsible for making that payment to us.
4. By registering with us, you accept that we may send to you from time to time offers by third parties to supply goods or services to you.
5. If or when you cancel your account, we may delete all your personal information and documents relating to you.
6. We may also delete your information if you have not taken any active step for a period of at least 12 months.
7. We are not obliged to delete your personal information immediately. We are not liable for any action of a third party in their use of your information.

22. Terms applicable: Booker Job Posting

We may, in our sole discretion, remove any Job Posting. You may not post a job which:

1. does not comply with applicable local, national and international laws.
2. is located in a country subject to economic sanctions by New Zealand;
3. advertises, promotes or links to any competitor of ours;
4. advertises or sells any product or service;
5. requires an up front or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;
6. seeks employees for jobs of a sexual nature;
7. endorses a particular political party, political agenda, political position or issue;
8. promotes a particular religion;
9. requires the applicant to provide information relating to but not limited to his/her:
   1. racial or ethnic origin;
   2. political beliefs;
   3. philosophical or religious beliefs;
   4. membership of a trade union;
   5. physical or mental health;
   6. sex life or gender;
   7. commission of criminal offences or proceedings;
10. contains hyperlinks, other than those specifically authorised by us;
11. contains the name, logo or trademark of any organisation other than that of you or your client.
12. seeks applicants for more than one type of work.

23. Recruiter: access to Projects and other data

We now grant a licence to you to access Our Data and copy or, if we make provision, download, Jobseeker particulars. The licence is:

1. non-transferable;
2. limited to use by you to copy only that Content which is directly relevant to a specific vacancy within your organisation;
3. for use only in connection with the employment of some person;
4. subject to your taking all reasonable and appropriate steps to protect Our Data;
5. requires an up front or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;
6. You agree that you will not:
   1. disclose Our Data in part or full to any third party, except to your client if you are a recruitment agency, staffing agency, advertising or other agency recognised by us;
   2. share access to Our Data or make it available in any way to any other person;
   3. use Our Data for any purpose other than as a recruiter seeking employees;
   4. make unsolicited contact with any Skiller except through SkillBooking Website and in accordance with the procedures we promote.

24. Termination

1. If you or we terminate your account, the following shall survive termination
   1. Our rights to use and disclose your feedback
   2. Any Jobs completed that has a skiller feedback attached
2. You may terminate this agreement at any time, for any reason, with immediate effect. You may terminate the agreement either by sending notice to us by email support@skillbooking.co.nz, or in the “Setting” tab click on “Delete Account”. We reserve the right to check the validity of any request to terminate your account / subscription.
3. We retain the right, at our sole discretion, to terminate any and all parts of the Services provided to you, without refunding to you any fees paid if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement.
4. Termination by either party shall have the following effects:
1. your right to use the Services immediately ceases;
2. we are under no obligation to forward any unread or unsent messages to you or any third party;
5. In the event of such termination by us, we will within seven days refund to you any outstanding tokens(Booker deposit), pro rata with time not elapsed. There shall be no re-imbursement or credit if the Service is terminated due to your violation of the terms of this agreement.

25. Interruption to Services

1. If it is necessary for us to interrupt the Services, we will give you reasonable notice where this is possible and when we judge the down time is such as to justify telling you.
2. You acknowledge that the Services may also be interrupted for many reasons beyond our control.
3. We retain the right, at our sole discretion, to terminate any and all parts of the Services provided to you, without refunding to you any fees paid if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement.
4. You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the Services.

26. Intellectual Property

You agree that at all times you will:

1. not do anything which does or might reduce the value of our Intellectual Property or challenge our ownership of it.
2. notify us of any suspected infringement of the Intellectual Property;
3. so far as concerns software provided or made accessible by us to you, you will not:
   1. copy, or make any change to any part of its code;
   2. use it in any way not anticipated by this agreement;
   3. give access to it to any other person than you, the licensee in this agreement;
4. not use the Intellectual Property except directly in our interest.
5. This Agreement respects intellectual property rights under the New Zealand Copyright Act 1994 and the Australian Copyright Act 1968. Users must not reproduce, distribute, or modify any content without permission, unless otherwise allowed under applicable copyright laws

27. Removal of offensive Content

1. For the avoidance of doubt, this paragraph is addressed to any person who comes on the SkillBooking Website for any purpose.
2. We are under no obligation to monitor or record the activity of any user of the SkillBooking Website for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
3. If you are offended by any Content, the following procedure applies:
   1. your claim or complaint must be sent to us by email, support@skillbooking.co.nz
   2. we shall remove the offending Content as soon as we are reasonably able;
   3. after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
   4. we may re-instate the Content about which you have complained or we may not.
4. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
5. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.

28. Dispute between Booker and Skiller

1. In the event of a dispute between Booker and Skiller, the following procedure applies:
   1. your claim or complaint must be submitted to us in the contact us form or “Job Incomplete” tab available on the SkillBooking Website, or contain the same information as that requested in our form. It must be sent to us by email.
   2. after we receive notice of a claim or complaint of a dispute, we shall investigate so far as we alone decide;
   3. we will use any evidence, including but not limited to, private messages and conversations between Booker and Skiller. Job description and any other information that can be useful to us during the investigation.
   4. once investigation is complete, both parties will be notified by email of the outcome of the investigation. The outcome of the investigation may end up in account termination of the offender party.
2. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
3. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees if any.

29. Data Retention and Data Destruction

1. Purpose This policy outlines the commitments of SkillBooking to responsibly manage, retain, and destroy data in compliance with applicable legal, regulatory, and operational requirements. The purpose is to ensure privacy, security, and the integrity of data handled by SkillBooking.
2. Scope This policy applies to all data, including personal and non-personal information collected by SkillBooking from users, including contact information, identification documents, payment data, user-generated content, usage data, and all other data described in the "Types of Data Collected" section of our documents.
3. Data Retention
   1. General Principles
   1. Data shall only be retained for as long as necessary for the purposes for which it was collected, as detailed in our Privacy Policy, or as required by applicable law.
   2. The retention period for active user accounts will continue until the user chooses to delete their account or the account becomes inactive under the terms specified herein.
   2. Specific Retention Periods
   1. User Accounts and Associated Data: Data is retained as long as the user account is active. Upon account deletion, data is marked for deletion and permanently removed from our systems after 90 days, allowing for reactivation during this period if authorised by the admin. However, personal data is deleted while data related to jobs such as comments may be retained to support the ongoing utility of feedback for other users' portfolios.
   3. Exceptions, Users cannot delete their accounts under certain conditions:
   1. Active engagements such as ongoing projects or disputes.
   2. Active subscriptions which must be cancelled and allowed to expire.
4. Data Destruction
4.1 Method of Destruction
1. SkillBooking employs secure data destruction methods to ensure that data is irreversibly destroyed. This includes physical destruction of storage devices and secure digital deletion techniques that comply with industry standards.
4.2 Timing of Destruction
1. Data marked for deletion is retained in a secure, inaccessible format for 90 days to allow for user reactivation considerations, after which it is permanently deleted from all systems unless required for ongoing jobs as noted above.
5. Legal and Compliance
SkillBooking adheres to several key regulatory frameworks:
1. General Data Protection Regulation (GDPR) for users within the European Union.
2. Privacy Act 2020 for operations within New Zealand.
3. Additional compliance measures may be required under local laws such as PIPEDA in Canada or the Australian Privacy Principles, depending on the user's location.
6. User Rights
Users have several rights concerning their data, including:
1. Access: Users can access their data at any time via the SkillBooking platform.
2. Rectification: Users can update or correct their data to maintain its accuracy.
3. Erasure: Users can request data deletion, subject to the exceptions noted in this policy.
4. Restriction: Users can request a halt in data processing during disputes or clarifications.
5. Objection: Users can object to certain types of data processing as allowed by law.
7. Amendments to the Policy SkillBooking reserves the right to amend this policy as necessary to reflect changes in legal requirements or operational practices. Users will be notified of significant changes through email or platform notifications.
8. Contact Information For questions or concerns regarding this policy or data handling practices, users can contact SkillBooking via email at support@skillbooking.co.nz or through the contact options available on the platform.

30. Disclaimers and limitation of liability

1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
3. We make no representation or warranty that the Services will be:
   1. useful to you;
   2. of satisfactory quality;
   3. fit for a particular purpose;
   4. available or accessible, without interruption, or without error.
   5. Nothing in this Agreement limits your statutory rights under the Australian Consumer Law (ACL). To the extent permitted by law, we exclude liability for indirect or consequential loss. However, if we are found liable under ACL, our liability is limited to resupplying the services or refunding the cost of the services.
4. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from the SkillBooking Website.
5. We shall not be liable to you for any loss or expense which is:
   1. indirect or consequential loss; or
   2. economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
6. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this provision under the Contract and Commercial Law Act 2017) as well as to ourselves.
7. If you become aware of any breach of any term of this agreement by any person, please tell us by email or the contact us form on the SkillBooking Website. We welcome your input but do not guarantee to agree with your judgement.

31. You indemnify us

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

1. your failure to comply with the law of any country;
2. your breach of this agreement;
3. a claim in contract or tort, arising from your use of the Services
4. any content you place on your own website which causes loss to us;
5. a breach of the intellectual property rights of any person;
6. and for the purpose of this paragraph, you agree that the cost of our management and technical time is properly recoverable and can reasonably be valued at $ 100.00 per hour without further proof.

Although this agreement shall be interpreted in accordance with the laws of New Zealand, software downloaded from or via the SkillBooking Website may also be subject to export control law of the United States of America or other jurisdictions. If you breach those laws, you will have committed an offence in that or those countries. By downloading or using such software, you now represent and warrant that you are not located in, under the control of, or a national or resident of any such country.

32. Miscellaneous matters

1. You undertake to provide to us your current city of residence, e-mail address and telephone number as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this contract.
2. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
3. If you are in breach of any term of this agreement, we may:
   1. publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
   2. terminate your account and refuse access to the SkillBooking Website;
   3. remove or edit Content, or cancel any order at our discretion;
   4. issue a claim in any court.
4. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
6. Any communication to be served on either of the parties by the other shall be delivered by hand or sent by express post or recorded delivery or by e-mail.
   1. It shall be deemed to have been delivered:
   2. if sent by post to the correct address: within 72 hours of posting;
   3. If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
7. In the event of a dispute between us, we undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation
8. This agreement does not give any right to any third party under the Contract and Commercial Law Act 2017 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that Act.
9. The validity, construction and performance of this agreement shall be governed by the laws of New Zealand and you agree that any dispute arising from it shall be litigated only in that country.
10. For users in Australia, this Agreement is also governed by the laws of Australia. If you reside in Australia or engage in transactions under Australian law, the Australian Consumer Law (ACL) applies where relevant, and nothing in this Agreement limits your rights under the ACL.