terms & conditions

User Agreement

This Agreement was last modified on 16 Feb. 2021.

This User Agreement describes the terms and conditions which you accept by using our Website, Mobile applications or our Services. We have incorporated by reference some linked information.

In this User Agreement:

"Account" means the account associated with your email address.

"Service Seeker" means a User that purchases Services or items from Service Providers or identifies a Service Provider through the Website. A User may be both a Service Seeker and a Service Provider under this agreement.

"Just3""we""our""company" or "the company" or "us" means Just3 Limited (8142173).

"Intellectual Property Rights" means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including: (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.

"Service Provider" means a User that offers and provides services or identifies as a Service Provider through the Website. A User may be both a service Seeker and a Service Provider under this agreement.

"Services" means all services provided by a Service Provider.

"Just3 Services" means all services provided by us to you.

"User""you" or "your" means an individual who visits or uses the Website or Mobile application.

"User Contract" means: (1) this User Agreement; (2) the Code of Conduct as amended from time to time; (3) any other contractual provisions accepted by both the Service Provider and Service Seeker uploaded to the Website, to the extent not inconsistent with the User Agreement and the Code of Conduct; (4) the Project terms as awarded and accepted on the Website, to the extent not inconsistent with the User Agreement and the Code of Conduct; and (5) any other material incorporated by reference from time to time.

"Website" means the Websites operated by Just3 and available at: just3.co.nz and any of its regional or other domains or properties, and any related Just3 service, tool or application, specifically including mobile web, any iOS App and any Android App or other access mechanism.

1. Overview

By accessing the Website, you agree to the following terms with Just3.

We may amend this User Agreement and any linked information from time to time by posting amended terms on the Website, without notice to you.

The Website is an online venue where Users provide and seek services and items. Service Seekers and Service Providers must register for an Account in order to buy or sell services and/or items. The Website enables Users to work together online (i.e., buy and sell items and to use the services that we provide). We are not a party to any contractual agreements between Service Seeker and Service Provider in the online venue, we merely facilitate connections between the parties.

We may, from time to time, and without notice, change or add to the Website or the information, products or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if any error occurs in the information on the Website or if that information is not current.

2. Scope

Before using the Website, you must read the whole User Agreement, the Website policies, and all linked information.

You must read and accept all of the terms in, and linked to, this User Agreement, the Code of Conduct, the Just3 Privacy Policy and all Website policies. By accepting this User Agreement as you access our Website, you agree that this User Agreement will apply whenever you use the Website, or when you use the tools we make available to interact with the Website. Some Websites may have additional or other terms that we provide to you when you use those services.

3. Eligibility

You will not use the Website if you:

  1. are not able to form legally binding contracts;
  2. are under the age of 16;
  3. a person barred from receiving and rendering services under the laws of New Zealand or other applicable jurisdiction;
  4. are suspended from using the Website; or
  5. do not hold a valid email address.

All free user accounts are associated with individuals. Login credentials should not be shared by users with others. The individual associated with the account will be held responsible for all actions taken by the account, without limitation.

Subject to your local laws, a person over 15 but under 18 can use an adult's account with the permission of the account holder. However, the account holder is responsible for all actions taken by the account, without limitation.

Users may provide a business name or a company name, which is associated with the User's Account. Users acknowledge and agree that where a business name or company name is associated with their Account, this User Agreement is a contract with the User as an individual (not the business or company) and Users remain solely responsible for all activity undertaken in respect of their Account.

A company, corporation, trust, partnership or other non-individual corporate entity may be a User subject to an eligible account.

We may, at our absolute discretion, refuse to register any person or entity as a User.

You cannot transfer or assign any rights or obligations you have under this agreement without prior written consent.

4. Using Just3

While using the Website, you will not attempt to or otherwise do any of the following:

  1. post content or items in inappropriate categories or areas on our Websites and services;
  2. infringe any laws, third party rights or our policies, such as the Code of Conduct;
  3. fail to deliver payment for services delivered to you;
  4. fail to deliver services/items purchased from you;
  5. circumvent or manipulate our fee structure, the billing process, or fees owed to Just3
  6. post false, inaccurate, misleading, deceptive, defamatory or offensive content (including personal information);
  7. take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the Website);
  8. transfer your Just3 account (including feedback) and Username to another party without our consent;
  9. distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
  10. distribute viruses or any other technologies that may harm Just3, the Website, or the interests or property of Just3 users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
  11. download and aggregate listings from our website for display with listings from other websites without our express written permission, "frame", "mirror" or otherwise incorporate any part of the Website into any other website without our prior written authorisation;
  12. attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website;
  13. copy, modify or distribute rights or content from the Website or Just3's copyrights and trademarks; or
  14. harvest or otherwise collect information about Users, including email addresses, without their consent.
  15. use Just3 to facilitate money exchange including, but not limited to, cryptocurrency (e.g. bitcoin, ethereum, etc).

5. Intellectual Property Rights

"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Just3 or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Just3. All trademarks, service marks, graphics and logos used in connection with the Mobile Application and Services, are trademarks or registered trademarks of Just3 or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Mobile Application and Services may be the trademarks of other third parties. Your use of the Mobile Application and Services grants you no right or license to reproduce or otherwise use any of Just3 or third party trademarks.

6. Fees and Services

When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our schedule of Fees and Charges, which we may change from time to time and will update by placing on our Website.

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us.

Unless otherwise stated, all fees are quoted in New Zealand Dollars.

7. Taxes

You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided.

Depending on your residency or location, you may be subject to certain ad valorem or other taxes (for example, GST in New Zealand), on certain fees that we charge. These taxes will be added to fees billed to you, if applicable.

You acknowledge that you must comply with your obligations under income tax provisions in your jurisdiction.

8. Promotion

We may display your company or business name, logo, images or other media as part of the Just3 Services and/or other marketing materials relating to the Website, except where you have explicitly requested that we do not do this and we have agreed to such a request in writing.

You acknowledge that we may use the public description of your Projects and the content of your profile information on the Website for marketing and other related purposes.

9. Content

When you give us content, you grant us a worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.

You acknowledge and agree that: (1) we act only as a forum for the online distribution and publication of User content. We make no warranty that User content is made available on the Website. We have the right (but not the obligation) to take any action deemed appropriate by us with respect to your User content; (2) we have no responsibility or liability for the deletion or failure to store any content, whether or not the content was actually made available on the Website; and (3) any and all content submitted to the Website is subject to our approval. We may reject, approve or modify your User content at our sole discretion.

You represent and warrant that your content:

  1. will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person;
  2. will not violate any law or regulation;
  3. will not be defamatory or trade libellous;
  4. will not be obscene or contain child pornography;
  5. will not contain the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons
  6. will not contain material linked to terrorist activities
  7. will not include incomplete, false or inaccurate information about User or any other individual; and
  8. will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

You acknowledge and agree that we may transfer your personal information to a related body corporate and your information may be transferred outside of New Zealand. If you wish to withdraw your consent, you acknowledge and agree that we may be unable to provide you with access to the Website and Just3 Services and may close your Account.

Information on the Website may contain general information about legal, financial, health and other matters. The information is not advice, and should not be treated as such. You must not rely on the information on the Website as an alternative to professional advice. If you have specific questions about any matter you should consult your professional adviser.

We provide unmonitored access to third party content, including User feedback and articles with original content and opinions (or links to such third party content). We only act as a portal and have no liability based on, or related to, third party content on the Website, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline.

The Website may contain links to other third party websites. We do not control the websites to which we link from the Website. We do not endorse the content, products, services, practices, policies or performance of the websites we link to from the Website. Use of third party content, links to third party content and/or websites is at your risk.

In relation to deletion or hiding of any information or content, using the Website to delete, hide or otherwise dispose of information does not imply permanent deletion of content or information. Information may be retained for a period of time to fulfil record keeping, regulatory, compliance, statistical, law enforcement and other obligations.

10. Feedback, Reputation and Reviews

You acknowledge that you transfer copyright of any feedback, reputation or reviews you leave consisting of comments and any rating(s) (e.g. quality, communication etc.) together with any composite rating by us. You acknowledge that such feedback, reputation and reviews belong solely to us, notwithstanding that we permit you to use it on our Website while you remain a User. You must not use, or deal with, such feedback, reputation and reviews in any way inconsistent with our policies as posted on the Website from time to time without our prior written permission.

You may not do (or omit to do) anything that may undermine the integrity of the Just3 feedback system. We are entitled to suspend or terminate your Account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted.

Our feedback ratings belong to us and may not be used for any purpose other than facilitating the provision of Provider Services via the Website. You may not use your Service Provider or Service Seeker feedback (including, but not limited to, marketing or exporting your any or all of your composite rating(s) or feedback comments) in any real or virtual venue other than a website operated by Just3 or its related entities, without our written permission.

11. Advertising

Unless otherwise agreed with us, you must not advertise an external website, product or service on the Website. Any website address posted on the Website, including in a listing, bid, listing description, clarification board or the message board, must relate to a user or service being performed on the Website.

We may display advertisements or promotions on the Website. You acknowledge and agree that we shall not be responsible for any loss or damage of any kind incurred by you as a result of the presence of such advertisements or promotions or any subsequent dealings with third parties. Furthermore, you acknowledge and agree that content of any advertisements or promotions may be protected by copyrights, trademarks, service marks, patents or other intellectual property or proprietary rights and laws. Unless expressly authorised by Just3 or third party right holders, you agree not to modify, sell, distribute, appropriate or create derivative works based on such advertisement/promotions.

 

12. Third party advertisements

During your use of the website and Services, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the website and Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.

 

13. Communication With Other Users

Communication with other users on the Website must be conducted through the text, along with message boards provided on the Website.

You must not post your email address or any other contact information (including but not limited to Skype ID or other identifying strings on other platforms) on the Website, except in the "email" field of the signup form, at our request or as otherwise permitted by us on the Website.

Unless you have a prior relationship with a User, you must only communicate with Users via the Website. You must not, and must not attempt to, communicate with other Users through any other means including but not limited to email, telephone, Skype, ICQ, AIM, MSN Messenger, WeChat, SnapChat, GTalk, GChat or Yahoo.

In relation to video chat and audio chat, any terms agreed to between any Users must be confirmed in writing using the chat or direct message function.

Just3 may use information such as your name, location, display or username, and or your image, in relation to the provision messaging services on the Website or in the mobile apps.

We may read all correspondence posted to the Website and download or access, and test (if necessary), all uploaded files, programs and websites related to your use of the Website for the purpose of investigating fraud, regulatory compliance, risk management and other related purposes.

14. Identity / Know Your Customer

You authorise us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request: (1) provide further information to us, which may include your date of birth and or other information that will allow us to reasonably identify you; (2) take steps to confirm ownership of your email address or financial instruments; or (3) verify your information against third party databases or through other sources.

You must also, at our request, provide copies of identification documents (such as your passport or driver's licence). We may also ask you to provide photographic identification holding your identification together with a sign with a code that we provide as an additional identity verification step. We also reserve the right to request a video interview with you to validate this information, your identity, your background and your skills.

We reserve the right to close, suspend, or limit access to your Account, the Website and/or Just3 Services in the event we are unable to obtain or verify to our satisfaction the information which we request under this section.

We reserve the right to update your particulars on the website in order to match any identity documentation that has been provided. Disbursements such as wire transfers from the website may only be made to the beneficiary matching your provided identity documents and account information.

If you are not Just3 Verified you may not be able to withdraw funds from your Just3 Account, and other restrictions may apply. See the Know Your Customer and Identity Verification Policy for more details.

15. User Services

Upon the Service Seeker awarding a Project or Contest to the Service Provider, and the Provider's acceptance on the Website, or the purchase of an item by a Service Seeker from the Service Provider, the Service Seeker and Service Provider will be deemed to have entered into a User Contract under which the Service Seeker agrees to purchase, and the Service Provider agrees to deliver the Provider Services. You agree not to enter into any contractual provisions in conflict with the User Agreement.

You are solely responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User. You must ensure that you are aware of any domestic laws (including common law), international laws, statutes, ordinances and regulations relevant to you as a Service Seeker or Service Provider, or in any other uses you make of the Website.

If another User breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, we have no responsibility for enforcing any rights under a User Contract.

Depending on their jurisdiction, Service Providers and Service Seekers may have rights under statutory warranties that cannot lawfully be excluded. Nothing in this User Agreement is intended to override a right that by applicable law may not be excluded. Nothing in this User Agreement is intended to violate any laws relating to unfair contracts, and this agreement has been specifically redrafted to ensure compliance with unfair contracts legislation. To the extent that any component of this User Agreement is in conflict with inalienable rights under local laws, all parties intend for this agreement to be read down only insofar as to be in compliance with such local laws and no further.

Each User acknowledges and agrees that the relationship between Service Seekers and Service Providers is that of an independent contractor. Nothing in this User Agreement creates a partnership, joint venture, agency or employment relationship between Users. Nothing in this User Agreement shall in any way be construed as forming a joint venture, partnership or an employer-employee relationship between Just3 and any User.

16. Special Provisions for Local Jobs

Each User acknowledges:

  1. Just3 does not review, approve, recommend or verify any of the credentials, licences or statements of capability in relation to Local Jobs (or, for the avoidance of doubt, any non Local Jobs on the Website);
  2. Just3 provides matchmaking and platform services only. Users agree that Just3 has no liability for any other aspect of service delivery or interaction between Service Seeker and Service Provider. Just3 is not a party to any disputes between Service Seeker and Service Provider, although we provide a dispute resolution mechanism to assist the parties in resolving issues;
  3. Just3 may from time to time include map features and Just3 may display the location of Users to persons browsing the Website on that map. Every Service Seeker seeking services for Local Jobs will be asked to provide the location where the Local Job is to be performed. You expressly agree that Just3 has no liability for displaying such information.
  4. A User must never disclose, any personal details such as the User's name, street number, phone number or the email address in any service description for a Local Job or in any other public communication on the Website (these may be disclosed for Local Jobs as required in private direct messages);
  5. Just3  may collect location related data from you via technologies including but not limited to GPS, IP address location, wifi, and by other methods. This data may be shared in the context of facilitating services for Local Jobs and each User specifically consents to this collection and sharing as part of this agreement;
  6. . Any items purchased by the Service Provider as part of performing the service are between the Service Seeker and Service Provider.

17. Refunds

You may cancel your subscription at any time, but JUST3 does not provide you with any refunds.

 

18. Right to Refuse Service

We may close, suspend or limit your access to your Account without reason. Without limiting the foregoing, we may close, suspend or limit your access to your Account:

  1. if we determine that you have breached, or are acting in breach of this User Agreement;
  2. if we determine that you have infringed legal rights (resulting in actual or potential claims), including infringing Intellectual Property Rights;
  3. if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
  4. you do not respond to account verification requests;
  5. you do not complete account verification when requested within 3 months of the date of request;
  6. you are the subject of a United Nations, New Zealander, EU, USA or other applicable sanctions regime, or our banking and payment relationships otherwise preclude us from conducting business with you;
  7. to manage any risk of loss to us, a User, or any other person; or
  8. for other reasons.

19. Disputes With Us

If a dispute arises between you and Just3, our goal is to address your concerns immediately and, if we are unable to do so to your satisfaction, to provide you with a means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution by using our customer support website or emailing us at info@just3.co.nz

For any claim, Just3 may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If Just3 elects arbitration, such arbitration will be initiated through an established alternative dispute resolution (ADR) provider, which is to be selected by you from a panel of ADR providers that Just3 will provide to you. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

All claims you bring against Just3 must be resolved in accordance with the terms of this Agreement. All claims filed or brought contrary to this Agreement shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to the terms of this Agreement, Just3 may recover its legal fees and costs (including in-house lawyers and paralegals), provided that Just3 has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

You agree that you will not pursue any claims arising under this User Agreement on a class or other representative basis and will not seek to coordinate or consolidate any arbitration or action hereunder with any other proceeding.

If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, Just3 will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this Agreement.

Just3's failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

20. Currencies

Some of the Websites will display rates in the local currency of that Website, in addition to the actual amount. These rates are based on a conversion from the originating currency using indicative market exchange rates. You understand and agree that these rates are only indicative and the amount specified in the origin currency is the actual amount.

We reserve the right to reject any request for a conversion of currency at any time.

You are responsible for all risks associated with converting in various available currencies, including but not limited to the risk that the value of these funds will fluctuate as exchange rates change, which could result in decreases in the value of your funds in aggregate. You must not use (or attempt to use) the Website to engage in speculative trading, which could result in substantial losses. We are not a financial services provider.

All information included on the Website in respect of currency conversion is general information only. Use of currency conversion is at your own risk. Currency conversions are final and irreversible.

21. Access and Interference

You agree that you will not use any robot, spider, scraper or other automated means to access the Website via any means, including for the avoidance of doubt access to our application programming interface, for any purpose without our express written permission.

Additionally, you agree that you will not:

  1. take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure;
  2. interfere with, damage, manipulate, disrupt, disable, modify, overburden, or impair any device, software system or network connected to or used (by you or us) in relation to the Website or your Account, or assist any other person to do any of these things, or take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  3. copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the websites without the prior express written permission of Just3 and the appropriate third party, as applicable;
  4. interfere or attempt to interfere with the proper working of the Websites, services or tools, or any activities conducted on or with the Websites, services or tools; or
  5. bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.

22. Closing Your Account

You may close your Account at any time. The option is located in the Account Settings.

Account closure is subject to:

  1. not having any outstanding listings on the Website;
  2. resolving any outstanding matters (such as a suspension or restriction on your Account); and

We may retain some of your personal information to satisfy regulatory requirements and our own external obligations. Closing your account does not necessarily delete or remove all of the information we hold.

23. Privacy

We use your information as described in the Just3 Privacy Policy. If you object to your information being transferred or used in this way then you must not use our services. For the avoidance of doubt, your name and personal details shall be used for identity purposes in the normal course of conducting business in this online marketplace.

24. Indemnity

You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using the Website and Just3 Services.

25. Security

You must immediately notify us upon becoming aware of any unauthorised access or any other security breach to the Website, your Account or the Just3 Services and do everything possible to mitigate the unauthorised access or security breach (including preserving evidence and notifying appropriate authorities). Your User Account is yours only, and you must not share your password with others. You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorised access of your account resulting from your failure to secure your password.

26. No Warranty as to Each User's Purported Identity

We cannot and do not confirm each User's purported identity on the Website. We may provide information about a User, such as a strength or risk score, geographical location, or third party background check or verification of identity or credentials. However, such information is based solely on data that a User submits and we provide such information solely for the convenience of Users and the provision of such information is not an introduction, endorsement or recommendation by us.

27. No Warranty as to Content

The Website is a dynamic time-sensitive Website. As such, information on the Website will change frequently. It is possible that some information could be considered offensive, harmful, inaccurate or misleading or mislabelled or deceptively labelled accidentally by us or accidentally or purposefully by a third party.

Our Services, the Website and all content on it are provided on an 'as is', 'with all faults' and 'as available' basis and without warranties of any kind either express or implied. Without limiting the foregoing, we make no representation or warranty about:

  1. the Website or any Provider Services or Just3 Services;
  2. the accuracy, reliability, availability, veracity, timeliness or content of the Website or any Provider Services or Just3 Services;
  3. whether the Website or Provider Services or Just3 Services will be up-to-date, uninterrupted, secure, error-free or non-misleading;
  4. whether defects in the Website will be corrected;
  5. whether the Website, the Provider Services or the Just3 Services or any data, content or material will be backed up or whether business continuity arrangements are in place in respect of the Website, Provider Services or Just3 Services;
  6. any third party agreements or any guarantee of business gained by you through the Website, Provider Services or Just3 Services or us; or
  7. the Website, Provider Services or Just3 Services or infrastructure on which they are based, being error or malicious code free, secure, confidential or performing at any particular standard or having any particular function.

To every extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, quality, suitability and non-infringement.

28. Limitation of Liability

In no event shall we, our related entities, our affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:

  1. any indirect, special, incidental or consequential damages that may be incurred by you;
  2. any loss of income, business or profits (whether direct or indirect) that may be incurred by you;
  3. any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Website.

The limitations on our liability to you above shall apply whether or not we, our related entities, our affiliates or staff have been advised of the possibility of such losses or damages arising.

29. Legal Limitations

As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation.We may plead this User Agreement in bar to any claim, action, proceeding or suit brought by you, against us for any matter arising out of any transaction or otherwise in respect of this User Agreement.

You and we agree that you and we will only be permitted to bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. In addition, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favour of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). Any relief awarded cannot affect other Users.

30. Notices

Legal notices will be served or to the email address you provide to Just3 during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.

Any notices to Just3 must be given by registered ordinary post (or if posted to or from a place outside New Zealand, by registered airmail).

31. Law and Forum for Legal Disputes

This Agreement will be governed in all respects by the laws of New Zealand. We encourage you to try and resolve disputes using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved then you and Just3 irrevocably submit to the non-exclusive jurisdiction of the courts of New Zealand.

32. Severability

The provisions of this User Agreement are severable, and if any provision of this User Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by us to an associated entity at any time, or to a third party without your consent in the event of a sale or other transfer of some or all of our assets. In the event of any sale or transfer you will remain bound by this User Agreement.

33. Interpretation

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

34. No Waiver

Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this section shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.

35. Communications

You consent to receive notices and information from us in respect of the Website and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your Account.

36. Additional Terms

It is important to read and understand all our policies as they provide the rules for trading on the Just3 Website. In addition there may be specific policies or rules that apply, and it is your responsibility to check our Help pages and policies to make sure you comply. Our policies, including all policies referenced in them, are part of this Agreement and provide additional terms and conditions related to specific services offered on our Websites, including but not limited to:

Each of these policies may be changed from time to time. Changes take effect when we post them on the Just3 Website. When using particular services on our Website, you are subject to any posted policies or rules applicable to services you use through the Website, which may be posted from time to time. All such policies or rules are incorporated into this User Agreement.

37. General

JUST3 is located at Flat 2, Number 34, Blacklock Avenue, Henderson, Auckland, 0612, New Zealand.

This Agreement contains the entire understanding and agreement between you and Just3. The following Sections survive any termination of this Agreement: Fees And Services (with respect to fees owed for our services), Release, Content, No Warranty As To Content, Limitation Of Liability, Indemnity, Bar To Action, No Class Actions, Legal Limitations, and Disputes With Us.

38. Abusing Just3

Just3 reserves to the greatest extent possible all rights, without limiting any other remedies, to limit, suspend or terminate our service(s) and or user account(s), suspend or ban access to our services, remove any content, and to take any and all technical or legal steps to ban users.

Without limiting the reasons for taking the aforementioned actions, conduct giving rise to this response could include:

  1. use of our services for any illegitimate or non bona fide purpose
  2. creating problems with other users or potential legal liabilities
  3. infringing the intellectual property rights of third parties
  4. acting inconsistently with the letter or spirit of any of our policies
  5. abuse of any staff members including inappropriate or unreasonable communications
  6. abuse or poor performance in the Preferred Just3 Program
  7. any attempt to use Just3's platform or services for any objectionable purpose

39. Feedback

If you have any questions about this User Agreement or if you wish to report breaches of this User Agreement, please contact us by using our customer support website or emailing us at info@just3.co.nz

 

Just3 Code of Conduct

Just3 has an obligation to conduct its business in accordance with all applicable rules, regulations and laws. We are committed to helping all Users act in a way that preserves trust and respect. This Code is meant as a guide to using our Site appropriately and must be followed at all times. Breaches of this Code are handled according to our Violations Policy will result in disciplinary action, up to, and including, account termination. Any questions regarding this Code should be addressed to the Just3 Support Team where we can provide you with additional information regarding the correct procedure(s) to follow, and address any concerns you may have.

Personal Behavior

  • I will act ethically and with integrity.
  • I will comply with all of Just3's policies.
  • I will respect the rights of all Users.
  • I will not abuse confidential information, or participate in any other illegal practice.
  • I will have regard for Users' interests, rights and safety.
  • I will not harass, bully or discriminate.
  • I will not falsify my own or any other identity and I will provide true and correct information.
  • I will not seek to communicate or receive/initiate payments off-site.
  • I will not agree to do work I am not capable of doing.
  • I will not request the upfront release of Milestone Payments before I have delivered work.
  • I will not abuse the services offered by my hired Just3.

User Content

I am responsible for the content I post on Just3 and:

  • I will not post content that infringes upon any copyright or other intellectual property rights.
  • I will not post content that violates any law or regulation.
  • I will not post content that is defamatory.
  • I will not post content that is obscene or contains child pornography.
  • I will not post content that includes incomplete, false or inaccurate information about any person, product, or service.
  • I will not post content that contains any viruses or programming routines intended to damage any system.
  • I will not post content that creates liability for Just3 or harms its business operations or reputation.

Confidentiality

  • I will respect confidentiality and privacy.
  • I will not disclose information or documents I have acquired, other than as required by law or where authorization is given by Just3.

Contact

  • I will not ask other Just3 users for their private contact details and will communicate with them only through official website features.

Fraud

  • I will not engage in fraud.
  • I will not create multiple accounts.
  • I will not use the Site to illegally transfer funds.
  • I will not use the Site to generate false feedback about any person, product, or service.

Communication

  • I will avoid exaggeration, derogatory remarks, and inappropriate references.
  • I will not engage in personal attacks, negative or other unfair criticism, and any unprofessional conduct.

Spam or Advertising

  • I will not spam or advertise my website or service unless otherwise allowed.

Affiliates

  • I will not refer myself for the Affiliate Program.
  • I will not obtain names from mailing lists, group emails, etc to send unsolicited emails ("Spam").

Payments

  • I will not use Just3 to facilitate money exchange including, but not limited to, cryptocurrency (e.g. bitcoin, ethereum, etc).
  • I will comply with my obligations after the work is submitted by the Just3.

 

Frequently Asked Questions (FAQ)

  1. How service seekers find my service? Service seekers will find your service if, first, the language they choose on the website/App matches one of the languages you have chosen to provide your service in; second, if the categories or keywords they search matches the title and description you have written for your service; and third, if your location is within the area they choose to receive the service.
  2. How many languages can I choose in Just3? You can choose as many languages as you can provide your service in.
  3. Do I need to write my service description in all the languages I choose? No, you do not. You can write your description in one or more of the languages you choose if it is not more than 225 words, and Just3 translates it to other languages for the service seekers.
  4. What if I have several skills or products that I like to advertise them? You can post as many services as you like on Just3. You only need to pay advertisement fee for each service you post.
  5. Can I promote my service? Yes, you can promote one or more of your services by choosing the Featured option when you are posting on Just.
  6. What happens when a service is listed as featured? The promoted service will appear above the gallery listings, highlighted in search results and categories, and receives 5x more views than an unpromoted service.
  7. Can I pay for longer subscriptions like three or six months or an annual subscription? No, at the moment, Just3 only offers one month subscription of just $3, and you receive notification email before the end of each month.
  8. Can I remove my post? Yes, you can remove your post at any time you like.
  9. Do I receive refund after removing my post? No, Just3 does not pay refunds.
  10. Can I close my account? Yes, you can close your Just3 account at any time you like; however, we may retain some of your personal information to satisfy regulatory requirements and our own external obligations. Closing your account does not necessarily delete or remove all of the information we hold.

 

How it works?

Post a Service: To post a service, you need to sign in, then you choose post-a-service button in the Home page, fill in the required fields such as the service title, the service description, the languages in which you can provide the service, the area where you can provide the service, etc., choose if you like to make your service featured or not, and click on the Post-button, pay, and it is done.

 

Post a Request: if you cannot find the service you are looking for through find-a-service, you have the option to post a request for that service. To post a request, you need to sign in, then you choose post-a-request button in the Home page , fill in the required fields such as the service title, the service description, the languages in which you want to receive the service, the location where you want to receive the service, etc., choose if you like to make your requested service featured or not, and click on the Post-button, pay, and it is done.

 

Find a Service: To find a service, choose the language you are comfortable to work with by pressing Selecting Language button(if you are looking for services in a specific language), then choose the find-a-service button in the Home page, choose a service from the list of service categories or write a keyword in the search box, press the search button, you get the list of services that matches your search criteria.

 

Find a Request: To find a request, choose the language you like to provide your service in by pressing Selecting Language button (if you are looking for requests in a specific language), then choose the find-a-request button in the Home page, choose a request from the list of service categories or write a keyword in the search box, press the search button, you get the list of requested services that matches your search criteria.

 

Just3 Privacy Policy

Modified 16 Feb. 2021

Our privacy obligations

We are committed to your privacy and will comply with applicable privacy laws,

including the Privacy Act 1993, any applicable Privacy Codes and other laws when dealing with your information.

We will also comply with the European Union’s General Data Protection Regulation to the extent that this applies to information we collect under a particular Service (e.g., if we target a particular Service at individuals living in the European Union). If you are an individual based in the European Union, you can email us to clarify how we treat your information.

The types of personal information we collect and hold

We collect personal information about our users in order provide our services, and customer support. Our services, and customer support are provided through many platforms including but not limited to: websites, phone apps, email, and telephone. The specific platform and product, service, or support you interact with may affect the personal data we collect.

Not all information requested, collected, and processed by us is "Personal Information" as it does not identify you as a specific natural person. This will include majority of "User Generated Content" that you provide us with the intention of sharing with other users. Such "Non-Personal Information" is not covered by this privacy policy. However, as non-personal information may be used in aggregate or be linked with existing personal information; when in this form it will be treated as personal information. As such, this privacy policy will list both types of information for the sake of transparency.

In some situation users may provide us with personal information without us asking for it, or through means not intended for the collection of particular types of information. Whilst we may take reasonable steps to protect this data, the user will have bypassed our systems, processes, and control and thus the information provided will not be governed by this privacy policy.

In some situations users may provide us personal information over platforms that are outside our control; for example through social media or forums. Whilst any information collected by us is governed by this Privacy Policy, the platform by which it was communicated will be governed by its own Privacy Policy.

How we collect personal information

Information that you specifically give us

While you use our products and services you may be asked to provide certain types of personal information. This might happen through our website, applications, online chat systems, telephone, paper forms, or in-person meetings. We will give you a Collection Notice at the time, to explain how we will use the personal information we are asking for. The notice may be written or verbal.

We may request, collect, or process the following information:

  • Account Details - username, password, profile picture.
  • Contact Details - email address, phone number.
  • Location Details - physical address, billing address, timezone.
  • Identity Details - full name, proof of identity (e.g. drivers licence, passport), proof of address (e.g. utility bill), photograph of the user.
  • Financial Information - credit card details, wire transfer details, payment processor details (e.g. skrill, paypal), tax numbers.
  • User Generated Content - project descriptions and attachments, bid description, user profiles, user reviews, contest descriptions and attachment, user messages etc.

Information that we collect from others

Users can give permission for us to connect to their account on other platforms to collect personal information. This includes but is not limited to Facebook, LinkedIn, and Google. Information collected will be governed by this Privacy Policy. Users can stop us from collecting data from other platforms by removing our access on the other platform or by contacting our support team.

Users have the ability to invite non-users to our platform by providing contact details such as email address. In these situations, the information will be collected and stored by us to contact the non-user and to prevent abuse of the invite systems.

Your payment provider may transmit information about the payment that we may collect or process.

In some situations, personal information of users may be collected from public sources.

We may collect or process the following information:

  • Basic Details - username, profile picture.
  • Contact Details - email address, phone number.
  • Location Details - Physical Address, billing address, timezone.
  • Financial Information - payment account details (e.g. paypal email address and physical address), and wire transfer details.
  • List of contacts - email provider address book.
  • User Generated Content - user profile.

Information we collect as you use our service

We maintain records of the interactions we have with our users, including the products, services and customer support we have provided. This includes the interactions our users have with our platform such as when a user has viewed a page or clicked a button.

In order to deliver certain products or services we may passively collect your GPS coordinates, where available from your device. Most modern devices such as smartphones will display a permission request when our platform requests this data.

When we are contacted we may collect personal information that is intrinsic to the communication. For example, if we are contacted via email, we will collect the email address used.

We may collect or process the following information:

  • Metadata - IP address, computer and connection information, referring web page, standard web log information, language settings, timezone, etc.
  • Device Information - device identifier, device type, device plugins, hardware capabilities, etc.
  • Location - GPS position.
  • Actions - pages viewed, buttons clicked, time spent viewing, search keywords, etc.

Links to other sites

On our website, you will encounter links to third party websites. These links may be from us, or they may appear as content generated by other users. These linked sites are not under our control and thus we are not responsible for their actions. Before providing your personal information via any other website, we advise you to examine the terms and conditions of using that website and its privacy policy.

How we use personal information

The information we request, collect, and process is primarily used to provide users with the product or service they have requested. More specifically, we may use your personal information for the following purposes:

  • to provide the service or product you have requested;
  • to provide technical or other support to you;
  • to answer enquiries about our services, or to respond to a complaint;
  • to promote our other programs, products or services which may be of interest to you (unless you have opted out from such communications);
  • to allow for debugging, testing and otherwise operate our platforms;
  • to conduct data analysis, research and otherwise build and improve our platforms;
  • to comply with legal and regulatory obligations;
  • if otherwise permitted or required by law; or
  • for other purposes with your consent, unless you withdraw your consent for these purposes.

The 'lawful processing' grounds on which we will use personal information about our users are (but are not limited to):

  • when a user has given consent;
  • when necessary for the performance of a contract to which the user is party;
  • processing is necessary for compliance with our legal obligations;
  • processing is necessary in order to protect the vital interests of our users or of another natural person.
  • processing is done in pursuing our legitimate interests, where these interests do not infringe on the rights of our users.

We use automated decision when helping matching users to jobs. The primary way this occurs is through how we rank users. These rankings are produced by analysing user generated content, user activity and the outcome of jobs; in this context, user generated content will include reviews that users receive when completing jobs. More information on these ranking guides can be found in our community articles. Automated decision making is also used to recommend potential jobs to our users and as a part of our marketplace security systems.

When we disclose personal information

Our third party service providers

The personal information of users may be held, transmitted to or processed on our behalf outside New Zealand, including 'in the cloud', by our third party service providers. Our third party service providers are bound by contract to only use your personal information on our behalf, under our instructions.

Our third party service providers include:

  • Cloud hosting, storage, networking and related providers
  • SMS providers
  • Payment and banking providers
  • Marketing and analytics providers
  • Security providers

Other disclosures and transfers

We may also disclose your personal information to third parties for the following purposes:

  • if necessary to provide the service or product you have requested;
  • we receive court orders, subpoenas or other requests for information by law enforcement;
  • if otherwise permitted or required by law; or
  • for other purposes with your consent.

Accessing, correcting, or downloading your personal information

You have the right to request access to the personal information Just3 holds about you. Unless an exception applies, we must allow you to see the personal information we hold about you, within a reasonable time period, and without unreasonable expense for no charge. Most personal information can be accessed by logging into your account. If you wish to access information that is not accessible through the platform, or wish to download all personal information we hold on you in a portable data format, please contact our Customer Support.

You also have the right to request the correction of the personal information we hold about you. All your personal information can be updated through the user settings pages. If you require assistance please contact our customer support.

Exercising your other rights

You have a number of other rights in relation to the personal data Just3 holds about you, however, there may be restrictions on how you may exercise the rights. This is largely due to the nature of the products and services we provide. Much of the data we collect is in order to facilitate contracts between users, facilitate payments, and provide protection for the legitimate users of our marketplace - these data uses are protected against the below rights.

You have the right to:

  • seek human review of automated decision-making or profiling
  • opt-out of direct marketing, and profiling for marketing
  • erasure
  • temporary restriction of processing.

Human review of automated decision making / profiling - In the case of our ranking algorithms, it is not possible to exercise this right as this ranking is a fundamental part of the marketplace that users participate in, opting out would mean not being able to participate in the marketplace. Decisions affecting marketplace security are already reviewed by humans.

Direct marketing and profiling - users can control what emails they receive through their settings page.

Erasure - Most personal information and user generated content cannot be deleted as they are used to support contracts between users, document financial transactions, and are used in providing protecting other legitimate users of the marketplace. In the case of non-personal data that can be linked with personal data, it will either be erased or otherwise anonymised from the personal data.

Temporary restriction to processing - under certain circumstances you may exercise this right, in particular if you believe that the personal data we have is not accurate, or you believe that we do not have legitimate grounds for processing your information. In either case you may exercise this right by contacting our privacy officer.

Unless stated above, users may exercise any of the above rights by contacting our Privacy Officer.

To contact us about Privacy

If you have an enquiry or a complaint about the way we handle your personal information, or to seek to exercise your privacy rights in relation to the personal information we hold about you, you may contact as follows:

By Email:

info@just3.co.nz

While we endeavour to resolve complaints quickly and informally, if you wish to proceed to a formal privacy complaint, we request that you make your complaint in writing to our email as above. We will acknowledge your formal complaint within 10 working days of receipt.