By viewing and using the Day Jobs website you are considered to agree to these terms and conditions without qualification. If you do not agree to be bound by these terms and conditions, you must stop accessing and using our website. We reserve the right to change these terms and conditions at any time by notifying users of the existence of the amended terms and conditions through our website. By continuing to access our website, you agree to be bound by the amended terms and conditions.
2. Registration and accounts
By registering on our website, you consent to receive marketing, promotional and other material by way of electronic messages from us. You will ensure that all usernames and passwords required to access our website are kept secure and confidential and you will notify us immediately of any unauthorised use of your password or any other breach of security. You must not transfer your account to another user or maintain more than one account with us without our consent. We may, at our sole discretion, suspend or terminate your account and limit your access to our website.
In order to utilise our website and services:
- you must be 18 years of age or older; and
- you must enter the information required to open an account by following the registration process set out on the site; and
- you must satisfy our other anti-money laundering checks and other registration criteria including undergoing verification checks to confirm your identity.
3. Users outside New Zealand
Our website is operated by Day Jobs Limited from New Zealand. The information on our website may not be appropriate or available for use in other jurisdictions. If you choose to access our website from a jurisdiction other than New Zealand, you do so on your own initiative and you are responsible for compliance with any applicable laws of that jurisdiction.
4. Copyright and trademarks
The contents of our website are the copyright of Day Jobs Limited or suppliers to us. No part of our website may be distributed or copied for any commercial purpose and you are not permitted to incorporate the material or any part of it in any other work or publication (whether in hard copy, electronic or any other form) without our prior written consent. You may not frame any part of our website material by including advertising or other revenue generating material. Further, you may not remove or alter any trademarks or logos that appear on any material on our website.
The contents of our website may include links to third party materials. We will not be responsible for the content of any linked sites or liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with third parties. The linked sites are provided to you only as a convenience, and the inclusion of any linked site does not imply any endorsement of it by us or any association with its operators. We reserve the right to prohibit links to our website and you agree to remove or cease any link on our request.
Any dealings with any advertiser appearing on our website are solely between you and the advertiser or other third parties. We are not responsible or liable for any part of any dealings or promotions.
7. Communication tools
If you use any communication tools available through our website (such as any forum, chat room or message centre), you agree only to use those communication tools for lawful and legitimate purposes. You must not use any communication tool for posting or disseminating any material unrelated to the use of our website, including (without limitation) the offer of goods or services for sale, files that may damage any other person’s computing devices or software, content that may be offensive to any other users of our website, or material or data in violation of any law (including data or other material that is protected by copyright or trade secrets which you do not have the right to use).
When you make any communication on our website, you represent that you own the content of the communication. We are under no obligation to ensure that the communications on our website are legitimate and we are not always able to monitor all communications at all times.
When relying upon any communication made by any other person on our website, it is up to you verify the veracity of the communication and we recommend you conduct your own due diligence in relation to any job or service offered by a Job Poster or a Job Worker. Any reliance upon such communication is at your sole risk and we will not be responsible for any loss whatsoever.
We reserve the right to remove any communication at any time in our sole discretion. In particular, the following communication or job postings are strictly prohibited and will be removed upon moderation:
- Escort or Adult services;
- Drugs / Alcohol related;
- Illegal acts;
- Personal details or contact information;
- Any other communication or posting job that in the opinion of Day Jobs Limited may contravene New Zealand law, bylaw, or regulation.
Please report such any objectionable information or postings to us at email@example.com or online via the "Report job listing" function on the Day Jobs Website.
8. Exclusion of liability
To the fullest extent permitted by law, we exclude all liability in relation to our website and any services we provide including all express and implied warranties and representations. We will not be responsible for errors or misstatements or be liable, whether in contract, tort (including negligence) or otherwise, for any loss or damage however caused (including indirect, consequential or special loss or damage, or loss of profits, loss of data, loss of anticipated savings or loss of opportunity).
You will take all necessary action to defend and indemnify us and our directors, employees and agents against all costs, expenses and damages incurred in connection with any claim brought by a third party against us that arise from a breach by you of any of these terms and conditions.
10. Information and material
Our website makes certain information and material available to you as a service, either through us, our suppliers or otherwise. Our website provides a general information service only. The information displayed is merely indicative and must not be treated as financial advice, a formal valuation or as a substitute for professional advice, or opinion or guidance, in relation to the valuation of financial products. In particular, the report is not a registered valuation report for the purposes of the Trustee Act 1956 (New Zealand) or any other purpose. The information may be based on assumptions or predictions and is subject to change without notice. You acknowledge that we do not offer any opinion with respect to the nature, potential value or suitability of any particular transaction or strategy.
You should be aware that the market value of financial products or of any security may vary greatly over a short period of time and that the past performance of any financial product, security or market is not necessarily an indicator of future performance. The price of a particular financial product or security may vary, up and down, as a result of a number of factors, such as market risk, company, sector and country exposure risk, currency exchange risk and economic and political risk impacting on the financial product or security and the issuer of the financial product or security. Additionally, different financial instruments and markets bear different levels of risk.
The material provided on our website has not been prepared by taking into account the particular objectives, situation or needs of any individual users. You should assess whether it is appropriate in light of your own objectives, situation and needs. The use of information contained on our website is at your own risk and we are not responsible for any adverse consequences arising out of that use.
For all of the above reasons, we strongly recommend that you verify all claims made on our website and consult your professional advisors before proceeding with any transaction or acting on any of the information or material provided on our website.
11. Entire agreement
12. General provisions
If at any time we do not enforce any of these terms or conditions, or grant you time or any other indulgence, we will not be construed as having waived that term or condition or our rights to later enforce that, or any other, term or condition. Further, if any part or provision of these terms and conditions is considered to be invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remaining terms and conditions will continue to be binding on the parties.
These terms and conditions are governed by and will be construed in accordance with the laws of New Zealand and you submit to the exclusive jurisdiction of the Courts of New Zealand.
The Day Jobs website provides the services of a platform that allows Job Posters to advertise and offer services to be completed on behalf of the Job Poster for certain consideration (Jobs) (Job Posters) on the Day Jobs website, in exchange for the Day Jobs Fee (Day Jobs Fee), which Job Workers may agree with a Job Poster to complete (Job Workers).
It is expressly acknowledged Day Jobs Limited has no relationship to any Job Poster, job posted on the Day Jobs website, or any Job Worker who undertakes a job. Nor does Day Jobs Limited Accordingly, there is no, and cannot be, any contractual, fiduciary, or employee-employer relationship between a Job Poster or a Job Worker with Day Jobs Limited in relation to the provision of any job listed on Day Jobs Limited.
There may or may not be a contractual, fiduciary, or employer-employee relationship established between a Job Poster and Job Worker upon the acceptance of a job offer and it is up to the Job Poster and Job Worker to document their own arrangements in relation to the provision of any jobs or services that a Job Worker will be undertaking for a Job Poster. It is therefore recommended that a Job Poster and a Job Worker seek their own legal, recruitment and financial advice and conduct their own due diligence upon any Job, Job Poster or Job Worker prior to agreeing to, or entering into, any arrangement between the Job Poster and Job Worker.
Day Jobs Limited takes no responsibility in relation to the conduct of a Job Poster or a Job Worker, or the scope of the Job itself, or for any loss or damage, any Job Poster or Job worker suffers. Any person using this website expressly understands that the posting of any Job is at their sole risk, and Day Jobs Limited will not be liable on behalf of any Job Poster or Job Worker to the fullest extent under the law.
A Job Poster and Job Worker expressly understand that the entering of any transaction is for a commercial or business purpose and therefore the Consumer Guarantees Act 1993, and any other legislation for the protection of consumers, may not be applicable in circumstances where a transaction is entered into for a commercial or business purpose.
Day Jobs Limited’s role is limited solely to the provision of a platform that enables the posting of Jobs by a Job Poster, and in no way shape or form does Day Jobs Limited recommend, approve or endorse of any Job, Job Poster or Job Worker and any Job Poster of Job Worker must rely on their own due diligence or investigations when offering or accepting any Job.
Day Jobs Limited is an intermediary only and is unable to be involved in any dispute between a Job Poster and a Job Worker.
When a Job Poster accepts a job offer they are required to make payment using a credit or debit card. The Job Poster is required to make payment for the full amount of the accepted offer value. Once payment has been processed, the funds are held securely with our payment processor Stripe. Credit card payments are taken by Stripe and are secured using SSL.
Funds are released to the Job Worker after both Job Worker and Job Poster marks the Job as completed on the Day Jobs website. If the Job Poster has not marked the Job as complete within three (3) working days of the Job Worker making the Job as complete the Job will automatically be marked as complete by Day Jobs and funds released to the Job Worker.
Any transactions conducted through Day Jobs website are non-refunded except for in limited circumstances. Once the Job Poster has marked the Job as complete, or Day Jobs marks the Job as complete, the funds, minus the Day Jobs Fee are transferred to the Job Workers nominated bank account after four business days.
If a Job Poster cancels a Job in which they have accepted and paid for an offer, or, a Job Worker cancels an offer which has been accepted by the Job Poster, the funds are returned to the Job Poster’s card that was used for payment within 5 - 10 business days after cancellation, depending on the Job Posters bank.
Day Jobs Limited reverses the right to cancel your account, either temporarily or permanently, and/or prevent you from using the Day Jobs website, at the sole discretion of Day Jobs Limited, in the event of you cancelling offers, or having a pattern of cancelling offers, which may indicate a bad faith intention. For the purpose of ensuring the Day Jobs website operates with reliable users, Day Jobs Limited may request information relating to a cancellation of a transaction, and reserves the right to either temporarily or permanently, and/or prevent you from using the Day Jobs website in the event of you not providing an explanation satisfactory to Day Jobs Limited at its sole discretion.
15. Day Jobs Fee
The Day Jobs Fee is applied to all Jobs and will comprise either $3.00 or 10% of the accepted offer price, whichever is the greater. This fee is on a GST-inclusive basis.
The Day Jobs Fee is payable by a Job Worker upon the acceptance of a Job Offer by a Job Poster. For transparency, the amount received by a Job Worker is displayed for them when making an offer.
The Job Worker acknowledges that the Day Jobs Fee will be deducted from the value of a Job prior to funds being released to the Job Worker’s bank account.
The Day Jobs Fee is subject to change at the sole discretion of Day Jobs Limited, at which point the Day Jobs Fee will be updated prior to acceptance of a Job Offer.
Payment processing services for members on Day Jobs are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By agreeing to these terms or continuing to operate as a member on Day Jobs, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Day Jobs enabling payment processing services through Stripe, you agree to provide Day Jobs accurate and complete information about yourself, and you authorize Day Jobs to share it and transaction information related to your use of the payment processing services provided by Stripe.