Terms and conditions
Outline of These Terms
PI Technology Ltd (company number 6901574) is trading as Servis, Servis(we, our or us) allows users (User or you) to connect and perform business and personal services and buy and goods (the Services) through our platform (Servis Platform), which includes but is not limited to our:
- iPhone application;
- android application;
- website, being servis.co.nz (Website); or
- any other platform that may be introduced in the future,
Servis, provides an online marketplace that connects service providers and customers to have local services(collectively, the "Services"). A reference to User in these terms and conditions (Terms) includes Business owners, traders, freelancers, customers and any other person that visits or views the Servis Platform.
Binding terms: By accessing and using the Servis Platform, all Users agree to be bound by these Terms. Any User that does not agree to these Terms is not authorised to access and use the Servis Platform and must immediately cease doing so. All rights not expressly granted to Users in these Terms are expressly reserved by Servis.
Last update: These Terms were last updated as at 16 October 2018.
Account Registration
In order to access certain features of the Servis Platform and book a Service, you must register to create an account ("Servis Account") and become a Member. To publish a Service you must register to create a business account ("Servis Business Account") and become a Service Provider.
You can also register to become a Member by logging into your account with certain third party social networking sites ("SNS") (including, but not limited to, Facebook); each such account, a "Third Party Account", via our Servis Platform, as described below. As part of the functionality of the Servis Platform and Services, you may link your Servis Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Servis through the Servis Platform, Services or Application; or (ii) allowing Servis to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Servis and/or grant Servis access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Servis to pay any fees or making Servis subject to any usage limitations imposed by such third party service providers. By granting Servis access to any Third Party Accounts, you understand that Servis will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account ("SNS Content") so that it is available on and through the Servis Platform, Services and Application via your Servis Account and Servis Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, shall be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Servis Account on the Servis Platform, Services and Application. Please note that if a Third Party Account or associated service becomes unavailable or Servis’ access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Servis Platform, Services and Application. You have the ability to disable the connection between your Servis Account and your Third Party Accounts, at any time, by accessing the "Settings" section of the Servis Platform.
Services
As a Service Provider, you can publish your Service. To this end, you will be asked a variety of questions about the Service to be listed, including, but not limited to, the location, description, pricing and related rules and financial terms. Services will be made publicly available via the Servis Platform and Services. Members will be able to book your Service via the Servis Platform and Services based upon the information provided in your Service. You understand and agree that once a Member booked a Service, the price for such booking may not be altered.
You acknowledge and agree that you are solely responsible for any and all Services you post. Accordingly, you represent and warrant that any Service you post and the booking of, a Service you post (i) will not breach any agreements you have entered into with any third parties, (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Service included in a Service you post, including, but not limited to, zoning laws, health laws, license laws and any other applicable laws governing properties and food and (b) not conflict with the rights of third parties; and (iii) agree not to invite any persons other than Member at a Service. Please note that Servis assumes no responsibility for a Service Provider’s compliance with any applicable laws, rules and regulations, or a Service Provider’s failure to comply with the aforesaid covenants.
You understand and agree that Servis does not act as an insurer or as a contracting agent for, or representative of, you as a Service Provider, and if a Member requests a booking of your Service and consumes your Service, any agreement you enter into with such Member is between you and the Member and Servis is not a party thereto. Notwithstanding the foregoing, Servis serves as the limited authorized payment collection agent of the Service Provider for the purpose of accepting, on behalf of the Service Provider, payments from Member of such amounts stipulated by the Service Provider.
Please note that Servis reserves the right, at any time and without prior notice, to remove or disable access to any Service for any reason, including Services that Servis, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Servis Platform or Services.
When you publish a Service you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Service, including, but not limited to, requiring Members to have a verified address or verified phone number, in order to book your Service. Any Member wishing to book Services included in Services with such requirements must meet these requirements.
If you are a Service Provider, Servis makes certain tools available to you to help you to make informed decisions about the service time and any other details to confirm for your Services. You acknowledge and agree that, as a Service Provider, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Service at your request or invitation.
Servis recommends that Service Providers obtain appropriate insurance for their Services and Services. Please review any insurance policy that you may have for your Service carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of persons (including the Member and any other individuals to the Service, if applicable) while at your Service.
Bookings and Financial Terms
Bookings and Financial Terms for Service Providers
If you are a Service Provider and a booking is requested for your Service via the Servis Platform and Services, you will be required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by Servis in its sole discretion) or the booking request will be automatically processed. When a booking is requested via the Servis Platform, we will share with you (i) the physical address, first and last name of the Member who has placed the order for the Service, (ii) a link to the Member’s Servis Account profile page, and (iii) an indication that the name that the Member provided to Servis when the Member became a Member matches the name that the Member provided to the SNSs to which the Member has linked his or her Servis Account, so that you can view such information before confirming or rejecting the booking. If you are unable to confirm or decide to reject a booking of a Service within such 24 hour period, any amounts collected by Servis for the requested booking will be confirmed.
When you confirm a booking requested by a Member, Servis will send you an email such booking, depending on the selections you make via the Servis Platform.
The fees displayed in each Service are comprised of the Service Fees and the Service Fees. Where applicable, Taxes may be charged in addition to the Service Fees and Service Fees. The Service Fees, the Service Fees and applicable Taxes are collectively referred to in these Terms as the "Total Fees". The amounts due and payable by a Member solely relating to a Service Provider’s Service are the "Service Fees". Please note that it is the Service Provider and not Servis which determines the Service Fees. Servis may charge a fee to Member based upon a percentage of applicable Service Fees when paying online, which are the "Online Payment Fees". The Online Payment Fees are added to the Service Fees to calculate the Total Fees (which will also include applicable Taxes) displayed in the applicable Service. Servis may collect the Total Fees at the time of booking confirmation (i.e. when the Service Provider confirms the booking within 24 hours of the booking request) and will remit the Service Fees (less Online Payment Fees) to the Service Provider ON FIRST AND SIXTEENTH OF A MONTH.
Each Service Provider hereby appoints Servis as the Service Provider’s limited payment collection agent solely for the purpose of accepting the Service Fees from Member.
Each Service Provider agrees that payment made by a Member through Servis, shall be considered the same as a payment made directly to the Service Provider, and the Service Provider will make the Services available to the Member in the agreed-upon manner as if the Member has received the Service Fees. Each Service Provider agrees that Servis may, in accordance with the cancellation policy selected by the Service Provider and reflected in the relevant listing, (i) permit the Member to cancel the booking and (ii) refund to the Member that portion of the Service Fees specified in the applicable cancellation policy. Each Service Provider understands that Servis accepts payments from Member as the Service Provider’s limited payment collection agent and that Servis’ obligation to pay the Service Provider is subject to and conditional upon successful receipt of the associated payments from Member. Servis does not guarantee payments to Service Providers for amounts that have not been successfully received by Servis from Member. In accepting appointment as the limited authorized agent of the Service Provider, Servis assumes no liability for any acts or omissions of the Service Provider.
Please note that Servis does not currently charge fees for the creation of Services. However, you acknowledge and agree that Servis reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Services. Please note that Servis will provide notice of any Service fee collection via the Servis Platform, prior to implementing such a Service fee feature.
Bookings and Financial Terms for Member
The Service Providers, not Servis, are solely responsible for honoring any confirmed bookings and making available any Services reserved through the Servis Platform. If you, as a Member, choose to enter into a transaction with a Service Provider for the booking of a Service, you agree and understand that you will be required to enter into an agreement with the Service Provider and you agree to accept any terms, conditions, rules and restrictions associated with such Service imposed by the Service Provider. You acknowledge and agree that you, and not Servis, will be responsible for performing the obligations of any such agreements, and Servis is not a party to such agreements and disclaims all liability arising from or related to any such agreements.
Services will specify the Total Fees. As noted above, the Service Provider is required to either confirm or reject the booking within 24 hours of when the Service will start or the requested booking will be automatically confimed. If a requested booking is cancelled (i.e. not confirmed by the applicable Service Provider), any amounts collected by Servis will be refunded to such Member, depending on the selections the Member makes via the Servis Platform.
You agree to pay Servis for the Total Fees for any booking requested in connection with your Servis Account if such requested bookings are confirmed by the applicable Service Provider. In order to establish a booking pending the applicable Service Provider’s confirmation of your requested booking, you understand and agree that Servis reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your bank transaction for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting (e.g. NZ dollar) to verify your credit card. Once Servis receives confirmation of your booking from the applicable Service Provider, Servis will collect the Total Fees in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Meal. Please note that Servis cannot control any fees that may be charged to a Member by his or her bank related to Servis’ collection of the Total Fees, and Servis disclaims all liability in this regard.
In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and bank information either to Servis or its third party payment processor. You agree to pay Servis for any confirmed bookings made in connection with your Servis Account in accordance with these Terms by one of the methods described on the Servis Platform. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by Servis or indirectly, via a third party online payment processor or by one of the payment methods described on the Servis Platform. If you are directed to Servis’ third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once you’re confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.
Service Fees
In consideration for providing the Services, Servis may collect service fees or membership fees from Service Providers. Where applicable, Taxes may also be charged in addition to the Cook Fees. Cook Fees are deducted from the Service Fees before remitting the Service Fees to the Service Provider. Member Fees are, as noted above, included in the Total Fees.
Balances will be remitted to Service Providers via PayPal, direct deposit or other payment methods described on the Servis Platform EVERY 2 WEEKS(FIRST OF A MONTH and SIXTEENTH OF A MONTH), in the Service Provider currency of choice, depending upon the selections the Service Provider makes via the Servis Platform. Please note that for any payments by Servis in currencies other than N.Z. dollars, Servis may deduct foreign currency processing costs from such payments. Except as otherwise provided herein, Service Fees are non-refundable.
General Booking and Financial Terms
Cancellations and Refunds
If, as a Member, you cancel your requested booking before 24 hours of the service, Servis will refund any Service Fees collected for such requested booking within a commercially reasonable time. If, as a Member, you wish to cancel a booking made via the Servis Platform which within 24 hours before Service, all Service fee cannot be refund and Servis will assume you join and complete the Service.
If a Service Provider cancels a confirmed booking made via the Servis Platform, (i) Servis will refund the Total Fees for such booking to the applicable Member within a commercially reasonable time of the cancellation and (ii) the Member will receive an email or other communication from Servis containing alternative Services and other related information. If a Service Provider cancelled a confirmed booking and you, as a Member, have not received an email or other communication from Servis, please contact Servis at support@servis.co.nz.
Damage to Service Location
As a Service Provider, you are responsible for treating the location in which the Service is served in a respectful manner. You acknowledge and agree that, as a Service Provider, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to, the Service. In the Service that a Member claims otherwise and provides evidence of damage, including but not limited to, photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty eight (48) hours to respond, Servis shall, on behalf of the Member, charge the payment from your Servis Account, and you and the Member expressly authorize Servis to do so. Member also authorizes Servis to charge from your Servis Account, or otherwise collect payment from you and pursue any avenues available to Servis in this regard, in situations in which you have been determined to have damaged any Service Location, including, but not limited to, in relation to any payment requests made by Members, and in relation to any payments made by Servis to Members. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Service Location to the applicable Member or to Servis (if applicable).
Both Member and Service Providers agree to cooperate with and assist Servis in good faith, and to provide Servis with such information and take such actions as may be reasonably requested by Servis, in connection with any complaints or claims made by Members relating to Services or any personal or other property located at a Service Location or with respect to any investigation undertaken by Servis or a representative of Servis regarding use or abuse of the Servis Platform, Application or the Services. If you are a Member, to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Member, at no cost to you, which process will be conducted by Servis or a third party selected by Servis, with respect to losses for which the Member is requesting payment.
If you are a Service Provider, you understand and agree that Servis or a Member reserves the right, in any of their sole discretion, to make a claim under the homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused or been responsible for to a Service Location or any personal or other property located at a Service Location. You agree to cooperate with and assist Servis in good faith, and to provide Servis with such information as may be reasonably requested by Servis in order to make a claim under the homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as Servis may reasonably request to assist Servis in accomplishing the foregoing.
Links
The Servis Platform, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Servis is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Servis of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Ownership
The Servis Platform, and Collective Content are protected by copyright, trademark, and other laws of the New Zealand and foreign countries. You acknowledge and agree that the Servis Platform and Collective Content, including all associated intellectual property rights is the exclusive property of Servis and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Servis Platform or Collective Content.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Servis used herein are trademarks or registered trademarks of Servis. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Servis Platform, ("Contact Us"). You may submit Feedback by emailing us at support@servis.co.nz. You acknowledge and agree that all Feedback will be the sole and exclusive property of Servis and you hereby irrevocably assign to Servis and agree to irrevocably assign to Servis all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Servis’ request and expense, you will execute documents and take such further acts as Servis may reasonably request to assist Servis to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Termination, Suspension and Servis Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate or suspend these Terms or your access to our Servis Platform, Application and Services, and (b) deactivate or cancel your Servis Account. Upon termination or suspension, we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the Service Servis terminates or suspends these Terms, or your access to our Servis Platform or deactivates or cancels your Servis Account you will remain liable for all amounts due hereunder. You may cancel your Servis Account at any time by sending an email to support@servis.co.nz. Please note that if your Servis Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Servis Platform, Application and Services, including, but not limited to, any reviews or Feedback.
Copyright Policy
Servis respects copyright law and expects its users to do the same. It is Servis’ policy to terminate in appropriate circumstances the Servis Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Disclaimers
IF YOU CHOOSE TO USE THE SERVIS PLATFORM, SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT SERVIS DOES NOT CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS. THE SERVIS PLATFORM, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Servis EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SERVIS MAKES NO WARRANTY THAT THE SERVIS PLATFORM, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE SERVICES, OR ANY REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. Servis MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SERVICES, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SERVIS PLATFORM, APPLICATION, SERVICES OR REFERRAL PROGRAM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SERVIS OR THROUGH THE SERVIS PLATFORM, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVIS PLATFORM OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVIS PLATFORM, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS. YOU UNDERSTAND THAT SERVIS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVIS PLATFORM OR SERVICES OR TO REVIEW ANY SERVICES. Servis MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVIS PLATFORM, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVIS PLATFORM, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVIS PLATFORM, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVIS PLATFORM, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, MEMBERS AND SERVICE PROVIDERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Servis (i) via email (in each case to the address that you provide) or (ii) by posting to the Servis Platform. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
General
The failure of Servis to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Servis. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Contacting Servis
If you have any questions about these Terms, please contact Servis by email: support@servis.co.nz.
