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Privacy Policy

TERMS AND CONDITIONS

 

These Terms and Conditions (Terms) set out the terms and conditions on which Helpr. Limited (we, our or us) agrees to permit you to access or participate in the Helpr ordering and delivery facilitation services (the Services), including through our website, helpr.nz, and any related websites or applications operated by us, (the Website).

By using the Services or the Website you and/or the entity you represent (you, your) agree to be bound by these Terms, as altered by us from time to time. If you do not wish to agree to these Terms, including any updated version of these Terms, you must stop using the Services and the Website. 

INTRODUCTORY

  1. Our Services
  • We provide the Services to facilitate businesses, including cafes, restaurants, fast-food outlets, liquor stores, retail stores, supermarkets, and pharmacies, to receive orders, and organise the delivery of goods, to customers. 
  • The Service is to facilitate the creation of contracts for supply and delivery of goods, between businesses, drivers and customers. We do not take part in those contracts, and have no liability for their performance. 
  1. Eligibility
    1. The Services are only available to, and may only be used by, persons who can form legally binding contracts under New Zealand law. The Services are not available to persons who are under the age of 18.
    2. The Services may only be used in relation to the sale of goods that exist and are available in New Zealand. 
    3. If you register with us as a business entity or on behalf of a business entity, you represent that you have authority to bind that entity to these Terms.
    4. We may decline to register you for any reason and we are not obliged to state such reason.

SELLERS

This section applies where you are a person or entity signing up for the Services in order to supply your goods, and get those goods delivered (Seller).

  1. Listings
    1. It is at your sole discretion what information you choose to include, or not include, in a listing you create on our Website or otherwise using our Services (Listing). 
    2. You set the price for the Listing at your sole discretion (Price). The Price must be the total price payable by the Customer, except for the delivery fee, and must be inclusive of GST. The delivery fee is charged to the Customer separately, and is set by us. 
    3. You must ensure that the information contained in a Listing is accurate, complete and up-to-date at all times and that all Listings are for genuine goods that are available in New Zealand at the date the Listing is uploaded. You must ensure that the Listing contains all details of the goods for sale (Goods), including all terms that apply to the sale or delivery of those Goods. 
    4. We do not guarantee that you will receive any orders as a result of you posting a Listing using our Services. 
    5. You must ensure that all Listings comply with New Zealand law, and any other applicable laws. 
    6. If you are creating a Listing on behalf of your employer or any other person, you must ensure that you have the authority to create that Listing. 
    7. You agree that we may copy, reproduce and publish any Listing that you upload into the Services, including onto third party platforms, in order to promote the listing or the Services. 
  2. Customer orders and delivery
    1. The Services will provide Customers with the ability to order Goods from a Seller, for delivery by a Driver. 
    2. All Listings must be able to be accepted by a Customer in accordance with the terms set out in the Listing. It is the Seller’s responsibility to ensure that it has sufficient Goods to fulfil any order from a Customer, in accordance with the terms set out in the Listing. Once a Customer submits an order on a Listing, a binding contract for supply and delivery of the Goods is created between the Seller and the Customer. We are not party to the contract for the supply and delivery of the Goods. 
    3. Payment will be collected from the Customer at the time the order is placed. Payment will be transferred directly to the Seller, less our commission (which will apply to the GST inclusive amount paid by the Customer). We may change our commission from time to time, and the up-to-date commission rate will be notified to you when you register and we will notify you of any changes either through the Website or by email. Deliveries fees are collected by us on the Seller’s behalf, and paid directly to the Driver, less our commission. No part of the Delivery fee is paid to the Seller. 
    4. You must ensure that, once a Customer places an order, and a Driver has accepted that order, the Goods will be available for pick-up by the Driver in accordance with the details of the order and the Listing. 
    5. You must only use information obtained through the Service for the purpose of performing your obligations under these Terms. You must not retain or use any such information except as strictly needed to perform your obligations. In particular, you must not retain any personal information about Customers beyond what is needed to fulfil a particular order. 
    6. Orders are notified to all available Drivers, and the order will be allocated to the first Driver to accept the order through the Service. We do not guarantee that you will be allocated a particular Driver, or the Driver that is closest to you. We do not guarantee that the Driver will arrive at a particular time, although Driver’s are required, by these Terms, to arrive as soon as possible and before the time specific in the Service. Once a Driver has accepted an order, there is a contract between the Seller and the Driver for delivery of the order. 
    7. We do not guarantee that any information provided by a Driver or Customer is accurate, complete or up-to-date, and you choose to rely on such information at your sole risk.
    8. We do not guarantee that we will vet, or carry out any kind of police or other check on, Drivers. We do no guarantee that any Driver will deliver an order. We do have a process for banning Drivers from the Service who fail to deliver multiple orders, but we do not guarantee that that process will guarantee that all unreliable Drivers are removed from the system. 
    9. We have a system in place to charge Driver’s fees for failed deliveries, based on the amount paid by the Customer for the order. If we receive a fee from a Driver relating to a Seller’s Goods, we will refund the amount directly to the Customer. Except as provided above, refunds or replacement Goods to Customers is solely the Seller’s responsibility. You can report unreliable Drivers to us through the Service.
    10. You must comply with all applicable laws in performing your obligations under these Terms, including, without limitation:
  1. all laws applying to the supply of your Goods (including all laws relating to the manufacture or processing of those Goods, and restrictions on the supply of those Goods and any consumer laws relating to the supply of those Goods);
  2. all public health and safety laws including, without limitation, those relating to contactless delivery; and
  3. all criminal laws. 
  1. Information
    1. You agree that you are responsible for keeping the information connected with your account up to date, including the information in all Listings. 
    2. You agree that, when you register for our Services, and whenever you provide us with any information or materials, either through the Website or in any other way:
  1. all information that you provide to use will be accurate, complete and up to date, and you will provide us with all information requested; 
  2. you have all the rights necessary to provide the information and materials to us and for us to make the information and materials available to others as part of our Services; and
  3. for any personal information you provide to us about any person, you have obtained that person’s consent to provide us with that information and for us to use that information in accordance with these Terms and to provide the Services.
  1. Indemnity

You agree to at all times indemnify us and our officers, servants and agents against any and all liability, claims, losses, damages, costs or other expenses of any nature whatsoever awarded against, incurred or suffered by us or our officers, servants and agents arising out of or in connection with your use of the Services or any of your employees’, contractors’ or third parties’ to whom you grant access use of the Services, any claims against you from any Customers and any information provided by you or anyone else using your account and/or any breach of these Terms.

  1. Refunds 

No refunds will be given for any fees paid by you, or commission retained by us, under these Terms. 

DRIVERS

This section applies if you are a person who is offering to deliver, or delivering, orders to Customers for Sellers.

  1. Orders and delivery
    1. You can tell us, through the Website, when you are available to accept orders for delivery, and the area in which you are available to deliver (Availability). You must ensure that you are available to deliver orders within your specified Availability. 
    2. Orders are made available to all available Drivers, and are allocated to the Driver to accepts the order first (as determined by us in our sole discretion). You can accept multiple orders at one time if the pick-up is from the same Seller or if the pick-up is on the way to another pick-up. We do not guarantee that you will be offered orders from any particular Seller, or that you will be offered the orders closest to you. Once you have accepted an order, there is a contract between you and the Seller for delivery of the order. 
    3. You must only use information obtained through the Service for the purpose of performing your obligations under these Terms. You must not retain or use any such information except as strictly needed to perform your obligations. In particular, you must not retain any personal information about Customers beyond what is needed to make a particular delivery. 
    4. You must ensure that only you use your account with the Service. You must not allow any other person to deliver orders using your account. 
    5. Once you have accepted an order, you must arrive at the Seller’s address to pick-up the order as soon as possible, and no later than the time for pick-up specified in the Service. Once you have picked the order up, you must deliver it as soon as possible, using the most direct route. When you have delivered the order, you must enter the confirmation code provided by the Customer into the Service to confirm delivery of the order. 
    6. You must comply with all applicable laws in performing your obligations under these Terms, including, without limitation:
  1. all laws applying to operating a vehicle;
  2. all public health and safety laws and regulations including, without limitation, those relating to contactless delivery and all other health and safety guidelines relating to the New Zealand COVID-19 response; and
  3. all criminal laws. 
    1. You must have the Service open on your device to receive notification of your available orders. You must ensure that your phone is set to allow GPS tracking so the Service can give live updates on delivery progress. 
    2. You are solely responsible for all costs connected with the performance of your obligations under these Terms including, without limitation, the maintenance of your vehicle and the purchase of fuel. You must also provide an insulated bag for the transport of Goods, at your own cost. 
    3. We do not guarantee that you will be matched with any order, or that you will receive any particular amount of work through the Service. 
    4. We do not guarantee that any information provided by a Seller or Customer is accurate, complete or up-to-date.
    5. We do not vet, or carry out any kind of police or other check on, Sellers or Customers. We do not guarantee that any order will be available for pick-up when you arrive, although Sellers are obliged to make sure orders are available within the terms of the relevant Listing. You can report unreliable Sellers to us through the Service.
    6. We do have a process for banning Sellers who fail to deliver orders and Customers who engage in suspicious activity, but we do not guarantee that that process will guarantee that all unreliable Sellers or Customers are removed from the system. 
    7. Payment of the delivery fee will be collected from the Customer at the time the order is placed. Delivery fees are set by us in our sole discretion. We will transfer the delivery fee to the Driver once the order is delivered, as confirmed by entry of the confirmation code into the Service by the Driver, less our commission (which will apply to the GST inclusive delivery fee paid by the Customer). We may change our commission from time to time, and the up-to-date commission rate will be notified to you either through the Website or by email. 
    8. 6.14.If you fail to deliver an order in accordance with these Terms, the terms of the order and any other terms notified by us from time to time, we may charge you a fee. The fees are calculated on the basis of the amount paid by the Customer for the failed order. This fee will be automatically deducted from your credit card. If you fail to deliver a number of orders, we will ban you from delivering orders through the Service, in our sole discretion. This is without limiting our other rights and remedies. 
  1. Entitlement to work

You are solely responsible for ensuring that you are entitled to work in New Zealand. 

  1. Other terms

You agree that, when you register for our Services or provide us with any information, either through the Website or in any other way:

  1. all information that you provide to us will be accurate, complete and up to date, and you will provide us with all information requested; and
  2. you have all the rights necessary to provide the information to us and for us to make the information available to others as part of our Services.
  1. Indemnity

You agree to at all times indemnify us and our officers, servants and agents against any and all liability, claims, losses, damages, costs or other expenses of any nature whatsoever awarded against, incurred or suffered by us or our officers, servants and agents arising out of or in connection with your use of the Services, performance of any obligations under these Terms or any breach of these Terms.

  1. Refunds 

No refunds will be given for any fees paid by you, or commission retained by us, under these Terms. 

CUSTOMERS

This section applies if you are a person who is ordering Goods through the Service (Customer).

  1. Orders and delivery
  1. You can submit orders through a Listing on the Service. Once you submit the order, there is a binding contract between you and the Seller for the supply and delivery of the Goods the subject of the order, on the terms set out in these Terms and in the Listing. We are not party to the contract for the supply and delivery of the Goods, and we have no liability for the failure to supply or delivery the Goods. 
  2. Your sole recourse for any failure to deliver the Goods is against the Seller, and you should contact the Seller if there is an issue with any order. Any returns or refunds will be on the Seller’s terms, and be dealt with by the Seller directly. 
  3. When you make an order, the Price is paid to the Seller, less our commission, and the delivery fee is paid to the Driver, less our commission. 
  4. The Seller engages the Driver to deliver the order. We do no guarantee that the Driver will pick-up, or deliver, the order at or by any particular time. Where the Driver pays a fee for a failure to deliver, we will refund that amount to the relevant Customer. Apart of that situation, if there is a failure to deliver, your sole recourse is against the Seller. 
  5. You must report all failed deliveries to us. You must make any false reports of failed delivery. We keep track of Customer orders, and Customer reports of failed delivery. If we suspect that a Customer is falsely reporting failed deliveries, or engaging in any other suspicious behaviour relating to the Service, we may suspect that Customer’s account. 
  6. We do not guarantee that any information provided by a Driver or Seller is accurate, complete or up-to-date, and you choose to rely on such information at your sole risk.
  7. We do not vet, or carry out any kind of police or other check on, Drivers or Sellers. We do no guarantee that any Seller will supply any Goods or that any Driver will deliver any order. We do have a process for banning unreliable Sellers and Drivers, but we do not guarantee that that process will guarantee that all unreliable Drivers or Sellers are removed from the system. You can report unreliable Sellers and Drivers to us through the Service. 
  1. Other terms

You agree that, when you register for our Services or provide us with any information, either through the Website or in any other way:

  1. all information that you provide to us will be accurate, complete and up to date, and you will provide us with all information requested; 
  2. you have all the rights necessary to provide the information to us and for us to make the information available to others as part of our Services; and
  3. for any personal information you provide use about yourself, you consent to us using that personal information in accordance with these Terms and to provide the Services; and
  4. for any personal information you provide to us about any person that is not yourself, you have obtained that person’s consent to provide us with that information and for us to use that information in accordance with these Terms and to provide the Services.
  1. Indemnity

You agree to at all times indemnify us and our officers, servants and agents against any and all liability, claims, losses, damages, costs or other expenses of any nature whatsoever awarded against, incurred or suffered by us or our officers, servants and agents arising out of or in connection with your use of the Services, performance of any obligations under these Terms or any breach of these Terms.

GENERAL

This section applies to all users of the Website and the Services including Sellers, Drivers and Customers.

  1. Ending the Services
    1. You can terminate the Services at any time by deactivating your account. No refund of fees will be payable. 
    2. If you end your registration for the Services you will no longer be able to use the Services or access any data that you have uploaded or been provided with as part of our Services.
  2. At your risk
    1. You agree that we take no responsibility or liability for any misconduct of any of members who use our Services, without limitation, members that upload incorrect, inaccurate or out of date information or materials or fail to perform their obligations under these Terms. 
    2. We give no undertakings, representations or warranties in relation to the information that you access as part of our Services or any supply or delivery of Goods that is facilitated through the Services.
  3. Details
    1. You undertake and warrant that all information you provide to us is true, current and complete. You will promptly notify us of any changes to your contact details and provide such other information that we may reasonably require from you from time to time.
    2. You agree not to: 
  1. impersonate another person; 
  2. use a false name or a name you are not authorised to use; 
  3. create a false identity or provide a false address or email address; 
  4. be misleading as to the identity or origin of any communications; or
  5. use the Website or the Services for any illegal purpose.
  1. Intellectual Property Rights
    1. You acknowledge and agree that all intellectual property rights in the Services, our software and our Website are owned by us or our licensors. You may not in any form or by any means adapt, reproduce, store, perform, publish or create any derivative works from any part of this Website or our software or commercialise or on-sell any information or software obtained from this Website or from us.
    2. You agree to abide by these Terms and such other terms and conditions relating to use of our Website and any materials on our Website as we or our licensors may specify from time to time.
  2. Errors and Complaints
    1. You must contact us immediately if there is an error or omission in any of the information within the Website or our Services, or if you have any issue with any other user of the Services. 
    2. We will use all reasonable endeavours to correct any such error, but will not be liable for any losses (whether direct, indirect, or consequential) arising from an error or omission in the information listed within the Website or our Services. 
  3. Compliance with policies

By using the Website, you agree to comply with any policies or other requirements issued by us from time to time, and those policies and other requirements will form part of these Terms.

  1. Privacy policy

Your privacy is important to us. We may gather, use and disclose information about you in accordance with our privacy policy, which may be found here. Our privacy policy forms part of these Terms, and by using the Website you agree to our privacy policy. 

  1. Security
    1. We will use all reasonable endeavours to effect and maintain adequate security measures to safeguard the information you provide to us from access or use by unauthorised persons, but we provide no warranty or guarantee as to security.
    2. You are responsible for keeping your login information, including your email address and password, secret and secure. You agree not to permit any other person to use your name or access your account and not to disclose (directly or indirectly) any information that may allow another person to gain access to your account. 
  2. Your profile

We reserve the right to suspend or terminate your account with us if we suspect that you have breached these Terms or breached any applicable law or we otherwise consider that such suspension or termination is required. 

  1. Website integrity

You must not attempt to damage, interfere with or harm our Website or our Services, or any network or system underlying or connected to them in any way whatsoever.

  1. Amendments
    1. We may amend these Terms from time to time. Notice of any such amendments will be announced on this Website and will be effective immediately, unless we state otherwise. You are responsible for reviewing these Terms regularly to obtain timely notice of any such changes.
    2. Your continued use of the Services or our Website will constitute your acceptance of any changes or revisions to these Terms.
  2. No Warranties
    1. You understand and agree that your use of our Services, and purchase or Goods through the Services, is at your sole risk. 
    2. The Website and the Services are provided on an “as is” and “as available” basis. To the maximum extent provided by law, we disclaim and exclude any implied conditions or warranties (including, without limitation, any warranties of merchantability and fitness for a particular purpose).
    3. Without limiting the above, we do not warrant that the Services or the Website will be uninterrupted, timely, secure, error-free or that any information or materials provided through the Services or the Website are accurate, complete or up-to-date.
    4. All statements, information and recommendations made by us about the Services are believed to be reliable, but do not constitute a guarantee or warranty. 
  3. Maximum Liability

If we are found to have any liability under or in connection with these Terms, the maximum amount of our liability arising out of all claims under these Terms or relating to the Services or the Website will not in any circumstances exceed NZ$100.

  1. Waiver

Our failure or delay to exercise any right or remedy we may have under these Terms will not be construed or operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude the further exercise of such right or remedy.

  1. Governing Law

These Terms will be governed by the law of New Zealand. You agree to submit to the non-exclusive jurisdiction of the courts of New Zealand.

 

Last updated [April 2020]