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Yuvaan Limited Trading As Ezy Peazy

TERMS OF USE

1. APPLICATION OF TERMS

1.1    These Terms apply to your use of the Website, App, and any network, system, software, database, data or material that is connected to the Website or App (Platform).By accessing and using the Platform:

a)    you agree to these Terms; and

b)    where your access is on behalf of another person (e.g. a company), you confirm that you are authorised to, and agree to these Terms on that person’s behalf and in the case of a company that, by agreeing to these Terms you are bound by these Terms.

1.2    These Terms should be read in conjunction with Ezy Peazy's Privacy Policy.

1.3    If you do not agree to these Terms, you are not authorised to access the Platform, and you must immediately stop accessing the Platform.

2. CHANGES

2.1    We may amend these Terms at any time by updating them on the Platform. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Platform, you agree to be bound by the updated Terms.

2.2    In the event we amend these Terms, we will post the modified Terms on the Platform, and you will be notified of any changes that, in our sole discretion, materially impact these Terms.

2.3    We may change, suspend, discontinue, or restrict your access to, the Platform without notice or liability.

2.4    These Terms were last updated on 26 April 2021.

3. USER REGISTRATION

3.1    Ezy Peazy is an online marketplace for both goods and services which connects members of the community who have Tasks to be completed (Posters) with those that have the requisite skills to perform the Task and are willing to do it (Taskers).

3.2    The Platform is intended solely for Users who are 18 years of age or older. Any registration by, use of or access to the Platform by anyone under 18 is unauthorised, unlicensed and in violation of these Terms.

3.3    By using any of the services on the Platform, you represent and warrant that you are 18 years of age or older and that you agree to and abide by all of these Terms.

3.4    In order to register as a User for the Platform, an individual must:

a)    Be a natural person, at least 18 years old;

b)    Complete the User registration process;

c)    Be a resident of New Zealand; and

d)    At all times comply with these Terms.

If any User does not meet the criteria set out in this clause 3.4, we will immediately remove that User from the Platform.

3.5    There are no fees for registering with Ezy Peazy as either a Poster or Tasker. There is a Task Commission of 5% payable to Ezy Peazy on all successful completed Tasks.

3.6    We may at any time require any User to provide proof of identification in order to continue to access to the Platform. Failure to provide evidence of your identification on request that is satisfactorily to Ezy Peazy, in our sole and absolute discretion, shall result in the suspension and/or termination of your account.

3.7    You are entitled to cancel your account with us at any time. Such cancellation will result in deactivation and deletion of your account from the Platform.

4. OPERATION OF THE PLATFORM

4.1    Ezy Peazy provides the Platform to enable Posters to submit Tasks.

4.2    A Poster that requires a Task may create an account with Ezy Peazy and post further details about the opportunity. These details may include the Task Price and Task description. The Poster warrants that the details of the Task are accurate and complete.

4.3    A Tasker that has the requisite skills to provide services or products that meets the Poster's requirements may create an account with Ezy Peazy and submit an offer once the Task requirements have been reviewed. A Tasker warrants on submission of each such offer, that he or she has the commensurate skills to perform the required service or list a product accordingly.

4.4    If, once a Task has been submitted on the Platform, a Poster updates a Task before any Tasker has accepted the offer, Ezy Peazy reserves the right to cancel any offers that were made prior to the updated Task and thereby commence the offer process from the beginning.

4.5    Once offers for a Task have been reviewed, if the Poster accepts a Tasker's offer, he or she shall make payment for the Task Price into the escrow account via the Platform.

5 TASKS AND OFFERS

5.1    In order for a Task to be successfully submitted via the Platform the following details are required:

a)    Details of the desired Task listing;

b)    Completion date; and

c)    Task Price.

5.2    The Poster must include as much information as possible with regards to the Task and as accurately as possible. This may include text and images of the desired Task.

5.3    The Poster has the right to remove any posted Task at any time, for any reason, prior to accepting an offer of a Tasker.

5.4    Once the Poster has accepted an offer from the Tasker and made payment via the Platform, both parties are deemed to have entered into a legally binding contract for the Tasker to perform the Task and the Poster to pay the Task Price (Task Contract).

6. COMPLETION, PAYMENT AND REFUNDS

6.1    Once the Task has been completed by the Tasker, in accordance with the Task Contract (pursuant to clause 5.4), the Tasker must provide a notice via the Platform that the Task is complete. For example, if the Tasker's Task is supplying products, he or she must only provide the notice once the products have been delivered to the Poster.

6.2    After successful completion has occurred as per the Task Contract, and the completion notice has been given, the Poster must release the agreed Task Price for the Task via the Platform.

6.3    Once the Task has been completed and the Poster has released the payment, such payment will be made to the Tasker after Task Commission has been deducted for the Task.

6.4    The grounds for a payment refund may arise under the following circumstances:

a)    If after both the Poster and Tasker have entered into the Task Contract, both parties mutually agree to cancel the Task; or

b)    Ezy Peazy is satisfied that there are sufficient grounds in which the payment should be refunded and there is no dispute between the parties.

6.5    If, for any reason the Task Price cannot be transferred to the Tasker or there is no claim otherwise made for a Task Price, the payment will remain in the escrow account until either it is paid to the Tasker or for up to three months from the date when the Poster initially made the payment into the escrow account.

6.6    In the event where the Task Price still remains in the escrow account after three months since the payment was made, Ezy Peazy will refund this amount, after deducting an administration fee.

6.7    Ezy Peazy may change the Task Commission from time to time, and will communicate any changes in the Task Commission to you. By continuing to use the Platform after the price change takes effect, you accept the new Task Commission.

6.8    Responsibility for taxes and levies: A Tasker is solely responsible for complying with its taxation obligations in relation to any payments received from a Poster, and we have no responsibility for any such tax obligations.

6.9    As a User you:

a)    Expressly authorise us to seek pre-authorisation of your credit card prior to accepting an offer on your Task on the Platform to verify that the credit card is valid and has the necessary credit available to cover the Task Commission and Task Price; and

b)    Expressly authorise us to charge the Task Commission and Task Price and other amounts payable by you under these Terms to your credit card.

7. FEEDBACK AND RATINGS

7.1    Upon the status of a Task being changed to Completed in accordance with clause 6.1, the Poster and the Tasker will be prompted to submit feedback and a star rating in relation to each other. We reserve the right to:

a)    publish feedback and star ratings submitted by Ezy Peazy Users on our social media channels; and

b)    modify or delete feedback and star ratings submitted by Ezy Peazy Users

7.2    We accept no responsibility for liability, damage or loss that may arise from feedback or star ratings submitted to or published on the Ezy Peazy Platform.

8. YOUR OBLIGATIONS

8.1    You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.

8.2    Once you are given a User ID and password, you must keep your User ID and password secure and:

a)    not permit any other person to use your User ID or password, including not disclosing or providing it to any other person; and

b)    immediately notify us if you become aware of any disclosure or unauthorised use of your User ID or password, by sending an email to contact@ezypeazy.co.nz.

8.3    You must:

a)    not act in a way, or use or introduce anything (including any virus, worm, trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Platform, or otherwise attempt to damage or interfere with the Platform;

b)    not post, upload, distribute, store, create or publish through the Platform any message, data, information, text, music, sound, photos, graphics, code or any other material that is false, unlawful, discriminatory, misleading, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, advocates harassment of another person, is considered by Ezy Peazy (at its discretion) to amount to hate speech, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; and

c)    unless with our prior written agreement, access the Website via standard web browsers only and not by any other method. Other methods include but are not limited to scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.

8.4    You indemnify us and any of our officers, directors, employees and agents against all Loss we may suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Platform by using your User ID and/or password.

9. INTELLECTUAL PROPERTY

9.1    We (and our licensors) own all proprietary and intellectual property rights in the Platform (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel) (Ezy Peazy Intellectual Property).

9.2    You warrant that you will not challenge our title to any of the Ezy Peazy Intellectual Property or assist any third party to do so. You will use the Ezy Peazy Intellectual Property in the manner set out in these Terms only and will not claim, exercise or register (or attempt to do so) any copyright, trade mark or trade name, service mark, design or patent in any country in respect of any of the Ezy Peazy Intellectual Property or any derivations or adaptations of that intellectual property.

10. BEHAVIOUR POLICY

10.1    Ezy Peazy is an online marketplace community and all Users joining this system are required to show requisite good faith when trading and exchanging goods or services. No Poster or Tasker has the right to degrade or talk down to another User. Breaches of these Terms will result in penalties as all members of the Ezy Peazy community are welcomed and encouraged to trade and support efficient transactions. We encourage all members of the community to get involved with the Platform and we request that all of you who get involved do so in a mature and encouraging manner.

10.2    All Users are expected to comply with all our staff requests immediately and maturely. Abuse of Ezy Peazy staff will result in a ban or permanent removal from the Platform.

10.3    Any User found to be harassing (including misogynistic content and hate speech or any other behaviour in breach of the standards expected of Users in clause 8.3) any member in an inappropriate way on the Platform will be removed and if the matter is serious enough may be referred to the appropriate police department or other enforcement and intelligence authorities.

11. CONTENT

11.1    You agree that any content you submit is not illegal, indecent, profane, threatening, or defamatory, and does not amount to hate speech; and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of 'spam'.

11.2    Ezy Peazy has the sole discretion to remove any content uploaded on the Platform by a User for any reason whatsoever.

11.3    You warrant and represent that:

a)    Your submitted content does not infringe on the copyright, trademark, or other intellectual property rights of any person or entity, or contain any confidential or proprietary information of any person or entity, or otherwise violate the legal rights of any person or entity; and

b)    Your submitted content does not contain Personal Information about other persons without their express consent, such as their phone number, identifiable pictures, contact information, or email address, or information that could result in an invasion of their privacy or harassment of that person.

12. PRIVACY POLICY

12.1    Your privacy is very important to us. We have developed our Privacy Policy which provides further details about how we collect, use and disclose your Personal Information. For further details please visit our Privacy Policy at https://ezypeazy.co.nz/privacy-policy/.

13. DISCLAIMERS

13.1    To the maximum extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:

a)    the Platform being unavailable (in whole or in part) or performing slowly;

b)    any error in, or omission from, any information made available through the Platform;

c)    any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Platform. For the avoidance of doubt, you are responsible for ensuring the process by which you access and use the Platform protects you from this; and

d)    any link on the Platform to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.

13.2    Visiting or using any third party link from the Platform is at your own risk. Once you leave our Platform you are bound by the terms and conditions, privacy policy and other rules or policies related to that third party site. We will have no liability with respect to acts, omissions, errors, representations, warranties, breaches, or negligence of any third party or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with third parties.

13.3    Any threat of legal action against us will likely result in your account being permanently removed from the Platform.

13.4    The views, opinions or positions expressed by Users and those providing comments are theirs alone, and do not reflect the views, opinion, or positions of Ezy Peazy or any employee thereof.

13.5    Ezy Peazy reserves the right to delete, edit, or alter in any manner it sees fit, listings, entries or comments that it, in our sole discretion, deems to be obscene, offensive, defamatory, threatening, in violation of trademark, copyright or other laws, is determined (at our discretion) to amount to hate speech or is otherwise unacceptable.

13.6    We make no representation or warranty that the Platform is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Platform is not illegal or prohibited, and for your own compliance with applicable local laws.

13.7    We reserve the right to refuse service to anyone for any reason.

14 LIABILITY

14.1    To the maximum extent permitted by law:

a)    you access and use the Platform at your own risk; and

b)    we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Platform, or your access and use of (or inability to access or use) the Platform. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

14.2    To the maximum extent permitted by law, our total liability to you under or in connection with these Terms, or in connection with the Platform, or your access and use of (or inability to access or use) the Platform, must not exceed the greater of:

a)    The total of any fees with respect to any payment or feature of the services paid in the six months prior to the date of the initial claim made against Ezy Peazy; or

b)    $100 (NZD).

15. SUSPENSION AND TERMINATION

15.1    Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Platform.

15.2    On suspension or termination, you must immediately:

a)    Cease using the Platform and must not attempt to gain further access;

b)    Immediately pay us any fees and charges owing by you under these Terms; and

c)    Not register, or attempt to register, a new account on the Platform under a different name or identity.

16. DISPUTES RESOLUTION

16.1    In the event of a dispute between the Poster and the Tasker, Ezy Peazy can act as a mediator if both parties mutually agree to do so in writing.

16.2    In accordance with clause 15.1, if both parties agree to Ezy Peazy acting as the mediator, within 5 working days of the parties notifying Ezy Peazy of a dispute, Ezy Peazy will hold a meeting with both the Poster and Tasker via a phone call or a face to face meeting. The parties will attend such meeting and produce documentation and other information as we may reasonably require.

16.3    Following a meeting with the parties as set out in 15.2, within 5 working days after such meeting, the parties may agree in writing to request that Ezy Peazy make a final determination on the dispute.

16.4    In accordance with this provision, both the Poster and the Tasker, to the maximum extent possible, indemnify Ezy Peazy for any loss, claims, costs or liability that arises as a result of this disputes resolution process. For the avoidance of doubt, this indemnity does not extend to any loss, claims, costs or liability arising from fraudulent, malicious or criminal conduct.

16.5    If both the Poster or the Tasker do not agree for us acting as a mediator in accordance with clause 15.1 or to make a determination in accordance with clause 15.3 then the parties may attempt to resolve the dispute via an alternative disputes resolution procedure such as mediation or expert determination. Alternatively, the parties can start proceedings in the Disputes Tribunal or District Court.

16.6    No obligation to assist: Ezy Peazy has no obligation to any User to assist or involve itself in any way in any dispute between a Poster and a Tasker.

16.7    If you wish to take Disputes Tribunal (or other) proceedings against another User, you can contact Ezy Peazy for a statutory declaration form, which must be completed before we will consider releasing anyone else's information to you. You may only request contact details for the sole purpose of making a claim.

16.8    Withholding of payment: Ezy Peazy has the right to hold any Task Payment the subject of any dispute in the Escrow Account, until the dispute has been resolved.

17. GENERAL

17.1    If we need to contact you, we may do so by email (to the email address supplied by you when you registered on the Platform) or by posting a notice on the Platform. You agree that this satisfies all legal requirements in relation to written communications.

17.2    Users must only use the Platform support features and official Ezy Peazy email address, as means of communication with us. Any correspondence sent by any other means will not be classed as valid communication with Ezy Peazy.

17.3    These Terms, and any dispute relating to these Terms or the Platform, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Platform.

17.4    For us to waive a right under these Terms, the waiver must be in writing.

17.5    If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.

17.6    These Terms set out everything agreed by the parties relating to your use of the Platform and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Platform that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.

17.7    Payment processing services for Taskers and Posters on Ezy Peazy are provided by Stripe and POLi and are subject to their Terms of Service (https://stripe.com/en-nz/legal, https://www.polipayments.com/terms). By agreeing to these terms or continuing to operate as a Ezy Peazy user, you agree to be bound by their Services Agreement, as the same may be modified by Stripe and POLi from time to time.

18. DEFINITIONS

In these Terms:

18.1    App means the mobile application, Ezy Peazy for use on both Apple and Android devices.

18.2    Including and similar words do not imply any limit.

18.3    Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis.

18.4    Ezy Peazy means Yuvaan Limited, a registered company of New Zealand, NZCN 6764433, trading as Ezy Peazy.

18.5    Personal Information means information about an identifiable, living person which enables that person to be identified using such information.

18.6    Privacy Policy means Ezy Peazy's privacy statement available at https://ezypeazy.co.nz/privacy-policy/.

18.7    Task means a service that is requested by a Poster and which can be provided by a Tasker in consideration for the Task Fee.

18.8    Task Commission means the fee payable by the Tasker to Ezy Peazy as consideration for the completion of a successful Task on the Platform.

18.9    Task Price means the amount payable by the Poster to Tasker on completion of the Task.

18.10    Terms means these terms and conditions titled Terms of Use.

18.11    User means an individual (or company) who has successfully completed user registration on the Platform.

18.12    User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Website.

18.13    We, us or our means Ezy Peazy.

18.14    Website means https://ezypeazy.co.nz/

18.15    You or your means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.

19. VERIFICATION AND BADGES

19.1    Verification services: We may use, or make available to Ezy Peazy Users, third party verification services from time to time for the purposes of verifying the identity, qualifications, skills or other characteristics of the Users and conducting credit history and criminal background checks on the Users.

19.2    Allocation of icons and badges: We may (at our discretion) award verification icons and badges to Users that satisfy the verification process on such terms and conditions as we may determine from time to time, including requiring the payment of fees to us.

19.3    Revocation of icons and badges: We may revoke any verification icons and badges awarded to a User without giving prior notice if we determine that the User provided false information to the verification service or used the verification service improperly.

19.4    Disclaimer: You acknowledge and agree that:

(a)    all information you provide to a verification service will be true, accurate and complete in all respects;

(b)    we have no obligation to verify, and give no representations or warranties as to:

a.    the accuracy, completeness of the information provided to us by the verification service; and

b.    we do not accept any liability for any loss or damage which may directly or indirectly result from your use of or reliance on any verification icon or badge awarded to a User.

20. ADVERTISEMENTS AND EXTERNAL WEBSITES

20.1    Advertisements: We may permit advertisements to be placed on the Ezy Peazy Platform from time to time. Advertisers are solely responsible for the content of advertisements that appear on the Ezy Peazy Platform. The placement of such advertisements on the Ezy Peazy Platform does not in any way constitute our recommendation or endorsement of the advertised product or service.

20.2    Links to third party websites: The Ezy Peazy Platform may contain links to third party websites. Links to third party websites are provided to you for convenience only. We accept no responsibility or liability in relation to any content or security of any other website or resource, and you acknowledge that you access them at your own risk.

20.3    Sharing to social media platforms: Subject to clause 8, Users may share their listings on Facebook, Twitter, Google+, LinkedIn and any other social media platform we approve from time to time.