Legal
Last updated 24/03/2023
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Temp (“we,” “us” or “our”), concerning your access to and use of the Temp platform as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
Preamble
Temp provides an online platform to facilitate Temporary jobs.
The Job provider/business wishes to engage Temp to find workers and schedule jobs as outlined in a job brief.
This agreement sets out the terms between the 3 parties involved. Temp, the Worker, and the Job provider
By agreeing to these terms, the parties confirm that they are bound by this Agreement and any amended term of this Agreement that is subsequently changed in accordance with the terms of this Agreement.
1. Definition and interpretations as defined in this agreement.
1.1 Definition
Agreement: Means this agreement including any document signed by the Parties that varies or supplements it in accordance with its terms.
Worker: Means a person engaged to provide services operating as an independent contractor by a Job provider on the Temp platform. This does not include workers of Temp Limited.
Job provider: Means you are operating as a Job provider looking to engage a worker for temporary work services.
Business: Means the job provider who is looking to hire using the Temp platform
Temporary: Refers to the job duration and the nature of the work completed through the Temp platform. This can be an ongoing engagement between the worker and the Job provider that has no end date, providing both parties agree to the terms.
Job: Is what is created by the Job provider and completed by the worker.
Temp platform: Means any system, website or platform provided by Temp (including the Temp Site) to facilitate the engagement between workers and Job providers.
Temp: Means Temp Limited and is referred to in this Agreement as Temp or the company
Job Brief/Job description: This outlines the details in terms of what is required for the worker to undertake the job.
Hourly rate: Defines the remuneration for each hour of work completed.
Work: Means services performed or provided by a worker at the work site in response to a Job Brief.
Service fee: Meaning Temp’s percentage calculated based on the job brief. This may change based on the Job providers subscription plan.
Work site: Means any location, premises or building at which a worker is, will or has worked for the purposes of providing the Work.
Representative: Means any director, officer, employee, agent, contractor, or other person representing the Job provider.
Licenses and qualifications: Temp does not verify or investigate the authenticity of any prerequisites added under the Licenses and qualification section. This feature is simply an advertising feature and by no means a reliable method of validation. It is up to the Job provider to decide the authenticity of the workers licenses or qualifications.
1.2 Interpretations
In this Agreement, except where the context otherwise requires:
words in the singular form also include their plural form, and vice versa, and words denoting a gender also include other genders.
alternative grammatical forms of defined terms have corresponding meanings.
any reference to money is in New Zealand currency.
any reference to time is in accordance with New Zealand Daylight Time or New Zealand Standard Time (as applicable).
any reference to a Party includes their executors, administrators, successors, and permitted assigns and substitutes.
any reference to a person includes individuals, partnerships, corporations, associations, government entities, or other legal entities.
any reference to a statute, ordinance, code, or other law includes regulations and other instruments made under it, and any consolidation, amendment, re-enactment, or replacement of them.
the meaning of general words is not limited by specific examples provided with phrases like "including", "for example", or similar expressions.
headings are for convenience only and do not affect the interpretation of the agreement.
if a Party comprises of multiple persons, the agreement binds each of them separately and any two or more of them jointly.
any obligation, representation, or warranty made in favour of multiple persons is for their joint and collective benefit.
any agreement, representation, warranty or indemnity made in favour of two or more Parties (including where two or more persons are included in the same defined term) is for their joint and several benefit.
no rule of construction shall be interpreted to the disadvantage of a Party merely because they were responsible for preparing this Agreement or any part of it.
2.1. User Accounts
To use the Temp platform, you must register and maintain an active user account with Temp (in its capacity as licensor of the Temp branded application and websites) (“Account”) (as described in section 3 (‘Contractual relationship) of the Temp Terms). Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Temp platform. If information provided is found to be misleading or false, Temp may immediately terminate (as described in clause 13) the account and any future involvement with the party at Temps sole discretion.
3. Contractual relationship
3.1. Temp services
Temp will provide services in accordance with these terms and conditions. Temp Services constitute the provision of a technology platform that enables you, as a user of Temp’s applications or websites (each, an “Application”) to: (a) arrange and schedule certain jobs with independent third-party providers of those services that have an agreement with Temp or its affiliates (“Third Party Providers”), including: (i) Job providers providing the job opportunity and workers who are providing the work services.
3.2. Obligations as a worker
By applying for a job, the worker accepts that they are entering into an agreement with the Business (the job provider) to uphold the terms and conditions outlined in this agreement.
3.2.1. As a worker on the Temp platform, you acknowledge that when you apply for a job it is at the sole discretion of the Job provider whether to hire you or not. Once you have applied for a job you accept that you have committed to the dates set forth in the job description. Failure to turn up to an already accepted job without valid reason may result in a ban from the Temp platform. This is at the sole discretion of Temp which will carry out an investigation after the job period has ended. Temp will only investigate issues that have been reported. Workers must ensure they are of legal age required to complete the job. This includes being at least 18 years or older when working with Alcohol and at least 21 years of age when working on a premises with gambling facilities.
3.2.2. As a worker you operate as an independent contractor which means you have no guarantee of work, and the business (the job provider) is not obligated to handle any Tax, ACC, or employment benefit on your behalf. You are obligated by law to pay tax on all your earnings that you have made by using the Temp platform. Temp does not deduct tax from workers earnings. Workers are to make their own arrangements to pay tax on earnings made through the Temp platform.
3.2.3. Workers are not employees of Temp nor are they paid by Temp. Temp acts as a digital software provider that connects Job providers and workers.
3.2.4. Workers agree that they must complete the job to the best of their ability.
3.3. Obligations as a Job provider
By posting a job the Job provider agrees that they are entering into an agreement with the worker that is set forth in this agreement.
The Job provider must:
3.3.1. provide safe and suitable working conditions that are in accordance with the Health and Safety at Work Act 2015.
3.3.2. provide Temp with full and accurate information about the service requirements relevant to the Job Brief, and all other information and assistance reasonably necessary to enable Temp to provide services and workers to perform their work; This should include the nature of the task in which the Job provider is hiring to complete and any safety equipment that might be used/needed.
3.3.3. not allocate tasks or responsibilities to the workers or require the workers to perform or participate in work other than in accordance with the relevant Job description.
3.3.4. Immediately advise Temp in writing once it becomes aware that the work, role, responsibilities, or work conditions the Job provider sets for a worker at the time when the work is being performed do not match the role classification that the Job provider selected when creating the Job Brief;
3.3.5. Ensure that workers will be covered by the following insurance policies, or other suitable and permissible statutory indemnity or self-insurance arrangements, whilst performing their Work at the Work Site:
3.3.5.1. public liability, professional indemnity, if relevant to the type of Work to be performed.
3.3.5.2. compulsory third party motor vehicle insurance, and fully comprehensive motor vehicle insurance (including third party personal injury, own damage, third party property damage liability and third party personal injury gap) for any vehicles operated by a worker;
Failure to meet these requirements or misrepresentation of the skill level or workload of the job may result in a ban from the Temp platform.
4. Ratings
By entering a job as the job provider or as the worker you acknowledge that you will be rated at the end of the job period. Quality of ratings is of the opinion of each party and should comply with the terms outlined in this agreement. It is important to know that it is not Temps obligation to censor ratings, Temp may choose to intervene at its sole discretion if job feedback includes inappropriate language or unreasonable criticism.
4.1. Ratings for Job providers
4.1.1 Rating your worker
All ratings should be an accurate representation of the workers efforts and commitment to the job.
4.1.2. Receiving a rating as a Job provider
As a Job provider you accept that by hiring through the Temp platform you acknowledge you will be rated on your performance as a Job provider. Ratings are completely the opinion of the workers you hire and what keeps the platform fair. There is a possibility for you to receive an unsatisfactory rating from a worker and it is not the job of Temp to influence, edit or change this unless Temp considers that the rating was unfairly or dishonestly provided.
4.2. Ratings for workers
4.2.1.Rating your Job provider
All ratings should be an accurate representation of the Job providers efforts to create a fair and suitable work environment.
4.2.2. Receiving a rating as a worker
As a worker you acknowledge that you will be rated on your performance for each job you complete through the Temp platform. While ratings are meant to be an accurate representation of your effort and commitment. There is a possibility for you to receive an unsatisfactory rating. It is not the job of Temp to influence, edit or change this unless Temp considers that it was unfairly or dishonestly provided.
5. Disputes
Any disputes over job quality, pay or other contexts are to be handled between the business (Job provider) and the worker (the services provider). Temp acts as the digital facilitator to connect both parties for work opportunities and does not have any involvement nor is obligated to participate in any dispute resolution.
Where there is a dispute between the Job provider and the worker, funds that have already been paid to Temp will be refunded to the Job provider.
6. Cancellation of Job Brief by Job provider
The Job Provider may (i) cancel a Job Brief or any part of it, or (ii) make any amendment to the Job Brief which causes the shift of one or more worker(s) to be canceled, without any liability at any time, provided that such cancellation or amendment is done using the Temp Platform, 4 hours prior to the expected commencement time of the affected shift(s) by a worker(s) under the Job Brief (“Acceptable Cancellation Period”).
7. Payments
7.1. Hourly Rates
unless there is a written agreement between Temp and the job provider. The Job provider is obligated to pay Temp for each Job description an amount equal to the sum of the components specified in sections 7.1.1 to 7.1.5.
7.1.1. The total gross payment to be paid to the worker(s) also known at the Worker(s) payment.
7.1.2. The Service Fee will be calculated by multiplying the sum of all components from Clause 7.1.1 by the Job providers prescribed rate, unless otherwise agreed in writing by Temp.
7.1.3. (the total sum payable by the Job provider under a Job description as set out in 7.1.1 to 7.1.2 above is collectively known as the “Rate”).
7.1.4. The Job provider will be shown an estimated rate applicable to the Job description after they have filled out the relevant information of a Job description (but prior to posting the Job via the Temp Platform). The Job provider may request further information from Temp regarding the estimated Rate (including its breakdown or calculation). The Job provider accepts that the estimated Rate is an approximation based on the information provided by the Job provider at the time when the Job description is filled out and/ or posted. The actual Rate payable by the Job provider will be confirmed after the Services and Work by the worker(s) are performed, and/ or after the timesheet is submitted and verified pursuant to Clause 7.2.
7.2. Variation of rate
7.2.1. The Job provider acknowledges that the total workers payment and rate components referred to in Clause 7.1 are subject to change from time to time as a result of a variation of the estimated job duration. The Job provider agrees that such changes shall become effective and apply to the Rate from the date the changes are applied. Excluding any existing or outstanding Job Description that has already been accepted by both Parties, Temp will use its best endeavors to notify the Job provider of any such expected changes with reasonable notice. The Job provider agrees to pay Temp the increased Rate from the applicable effective date, including any proportional change to the amount of Service Fee as a result of such changes.
7.3. Subscriptions
Unless otherwise agreed by written notice, the Job provider is responsible for paying Temp the subscription fee that corresponds with the subscription plan they have selected.
7.3.1. Subscriptions Fees and payment
Immediately upon receipt of the invoice, the Job provider gives authorization to Temp to bill their credit card upon subscription for the Service and any subsequent renewals. Payment obligations may not be canceled within the 1 year subscription period. Subscription fees paid are non-refundable. The Job provider will pay the Fees using an accepted payment method as specified in the invoice or on Temp’s website. Unless otherwise indicated, the Job Provider's subscription to the services will automatically renew for a Subscription Term in accordance with the renewal terms and conditions set forth in clause 7.3.5. During the Term of the Subscription Period, the Job Provider is not permitted to reduce their subscription plan.
7.3.2. Late Payments.
If undisputed Fees are more than thirty (30) days overdue, then following written notification from Temp, Temp may suspend the Job provider’s access to the Temp platform, including, without limitation, the Job provider’s account, until such unpaid fees are paid in full.
7.3.3. Term, Termination and Suspension
Subscriptions are effective at the date of enrollment in any subscription plan on the Temp website and will continue for a period of 1 year.
7.3.4. Subscription plans
All plans are contracted for 1 year from the date of purchase. Job providers can choose to pay the yearly cost upfront to save 10% percent off the total subscription fee. Temp may choose to additionally offer further discounts at its sole discretion.
Available plans
Basic Plan is $50 monthly, plus a 10% service fee.
Agency Plan is $75 monthly, plus a 5% service fee
After the Job provider has entered into a subscription plan, they will not be eligible to switch to an annual subscription plan for any savings.
A Basic Plan can be upgraded to an Agency plan at any time. Payment will be adjusted accordingly within the next billing cycle. If the Basic plan was prepaid annually then the Job provider will be charged for the remaining months within the current contract at the Agency annual rate. e.g., if the Job provider upgrades with 6 months left of their Basic annual plan to an Agency annual plan, then they would be charged $135.
7.3.5. Renewal.
The Subscription Plans will automatically renew for a period equal to the previous Subscription Term unless a party provides written notice of non-renewal at least thirty (30) days prior to the expiration of the current term. At the beginning of each Subscription Term, Temp may increase the Fees, and any fees for a renewed term will be due on the date of renewal.
7.4 Refunds
Refunds will only be given for worker discrepancies or unfulfilled jobs and will not be given for subscriptions regardless of the usage.
7.4.1. Refund for worker discrepancies
Refunds will be issued if the worker does not fulfill the total agreed hours. The Job provider will accurately record the workers hours in the Timesheet. (Clause 8)
7.4.2. Refunds will also be automatically sent if the job is not filled in the posting period. Refunds will be paid out within 10 days of the end of the posting period.
7.5. Payouts
Payment processing services for Workers on Temp are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service(collectively, the “Stripe Services Agreement”). By agreeing to [this agreement / these terms / and so on] or continuing to operate as a Worker on Temp, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Temp enabling payment processing services through Stripe, you agree to provide Temp accurate and complete information about you and your business, and you authorize Temp to share it and transaction information related to your use of the payment processing services provided by Stripe.
Payouts will be made on a weekly basis if the job extends longer than one week. In the case that the job is shorter than one week, the payout will be made at the end of the job. The approval of payouts is held by the Job Provider, and they will release the payout when worker(s) submits a completed timesheets (refer to clause 8.2). If the timesheets are not approved within three days of the job's completion, the Job Provider agrees the payout will be calculated based on the worker's hours entered. Note, Temp does not have authority over payouts.
Workers must ensure:
7.5.1. That Temp has been supplied the correct bank account information. Payouts cannot be amended or revised and it is not the responsibility of Temp to track down missing funds.
7.5.2. They pay tax on earnings made through the Temp platform. As workers operate as independent contractors, they are responsible for paying their own taxes.
8. Timesheets
8.1. Timesheet entry
Workers are obligated to record their hours accurately. This includes their start and finish times and their break times if applicable. If a worker fails to record their hours before the job completion date, then it is at the discretion of the Job provider to fill it out for them.
8.2. Timesheet approval
Workers will track their time worked for the Job Provider and submit a timesheet for approval via the Temp Platform, unless otherwise agreed in writing by Temp. The worker(s) must submit their hours, and the Job Provider must approve their timesheets weekly or at the completion of the job if shorter than one week. The Job provider shall verify and approve timesheets weekly on Fridays unless the job duration is less than 5 days, then it must be approved once the job is completed. Timesheets must be approved within the Timesheet approval period of 3 days. If the Job provider does not dispute or edit the workers hours within the Timesheet Approval Period, the Job Provider agrees to the payout calculated based on the worker's hours entered.
8.3. Timesheet discrepancies
Workers can complete additional hours with the Job providers approval. All additional hours should be recorded in the Timesheet on the Temp platform. If the Job provider agrees to the additional hours, the Job provider will be charged an additional fee for the extra hours. In the event the worker works less than the agreed upon hours, then the Job provider will be entitled to a refund (clause 7.4).
9. Promotions
Temp is the “Promoter” responsible for these promotions.
9.1 Disqualified Participants:
The following individuals, referred to as "Disqualified Participants," are ineligible to participate in these promotions:
9.1.1. All current Temp employees, all employees who work for associated marketing or advertising agencies, and their immediate families.
9.1.2. All individuals under the age of 18 years if the prize involves air travel or any other element that is illegal to supply to a person under 18 years of age.
9.1.3. All individuals who have won a prize from a Temp promotion within the last 30 days. If the previous prize was valued at over $1,000, the winner must wait 90 days before entering further Temp promotions again.
9.2. Promotions & Giveaways Entry
9.2.1. These rules, referred to as "the Rules," apply to all promotions and competitions by Temp, referred to as "Promotion," whether conducted online or in-person through any medium, including while completing a job or online through a connected device. The Rules are subject to change.
9.2.2. If a specific Promotion has its own set of rules or terms, referred to as "Specific Rules," those Specific Rules will take precedence in case of any inconsistencies with the Rules.
9.2.3. Unless otherwise specified in the Specific Rules, registration, entry, or voting is limited to one per person. If multiple registrations, entries, or votes are allowed, each must be submitted separately.
9.2.4. By entering the Promotion, participants acknowledge that they have read and understood the Rules and the Specific Rules (if applicable) and have the necessary authority to enter the Promotion (such as permission from the bill payer or device owner).
9.2.5. No purchase is necessary to participate or win, unless stated otherwise in the Specific Rules.
9.2.6. The Promotion is open to New Zealand residents and those who have the right to work or operate as independent contractors. Disqualified Participants may not enter the Promotion.
9.2.7. Temp reserves the right to exclude any individual from participating in the Promotion for reasonable grounds. Temp also reserves the right to refuse to award any prize to a winner if Temp, in its sole discretion, determines that the winner violated the Rules (including the Specific Rules), gained an unfair advantage, or won using fraudulent means.
9.2.8. Temp reserves the right to refuse to award any prize to an entrant who Temp decides (in its sole discretion) has violated the Rules (including the Specific Rules), gained unfair advantage in participating in the Promotion or won using fraudulent means.
9.2.9. By participating, entrants grant Temp exclusive permission to use their names, characters, photographs, videos, voices, and likeness in connection with the Promotion and for future promotional and marketing purposes. Entrants waive any claims to royalties, rights, or remuneration for such use.
9.2.10. All personal information provided by participants must be valid and up-to-date. Temp may use this information for the Promotion and future promotional and marketing purposes in accordance with its Privacy Policy (available on the website www.temp.org.nz), unless otherwise directed by the participant at the time of entry.
9.3. Winning the Prize
9.3.1. Only the individual who entered the Promotion or competition can win the prize, referred to as the "Winner," unless otherwise specified by Temp in the Specific Rules.
9.3.2. The Winner will be determined according to the Rules or the Specific Rules, or if not specified, by Temp acting as the judge, referred to as the "Judge."
9.3.3. The Judge's determination of the Winner will be final, and no correspondence will be entered into.
9.3.4. The Winner will be notified by either email, phone (voice or text), mail, or in-person, and must be available for all required publicity by Temp. If the Winner cannot be reached after three attempts by phone or if mail is returned, Temp will select another winner. If the prize is not collected within two months of being announced, it will be forfeited. Note that three attempts will be made to contact the Winner.
9.3.5. Where the Winner is required to claim the prize in person, they must provide government issued photo identification such as a driver's license, or passport.
9.3.6. The recipient of the Prize assumes full responsibility and bears all risks associated with it, and indemnifies Temp against any claims arising from accidents, injuries, property damage, or loss of life that may occur in connection with the Prize. The Winner is also responsible for all costs, including insurance, taxes, and other expenses that may be associated with the Prize. If there are any terms and conditions or limitations associated with the Prize, the Winner accepts them as a condition of receiving the Prize.
10. Exclusions of Liability
Neither Party shall be held liable, in contract, tort, under statute or otherwise, for any consequential or indirect losses sustained by the other Party, including but not limited to loss of investment, loss of contract, loss of production, loss of profits, loss of time, or loss of use.
10.1 Job provider
10.1.1 The Job provider acknowledges that Temp does not hold motor vehicle or any other relevant insurance for vehicles that are registered or required at law to be registered and which are not owned by Temp. Temp shall not be held liable, and the Job provider shall indemnify Temp and workers on the Temp platform against any loss (including liability under any indemnity or claims by third parties) related to a Job Brief, to the extent that the loss (i) is arising out of or in connection with driving or operating any motor or commercial vehicle(s) by the worker(s) in the course of their Work; or (ii) would ordinarily and commonly be covered by a motor vehicle insurance policy or any such equivalent or relevant insurances. If a worker chooses to use their personal Motor vehicle for a job brief this is at the Workers discretion, and they will assume full liability.
10.1.2. The Job provider acknowledges that the worker will be working under the Job provider's supervision, control, direction, and instruction at the Job Site. Due to this reason, the Job provider agrees that Temp will not be liable to the Job provider for, and the Job provider will indemnify Temp against, any loss of whatsoever nature or kind, however caused by one or more of the workers (including by their negligence) whilst they are working for the Job provider under a Job Brief.
10.2 Workers
10.2.1 The worker acknowledges that they act as an independent contractor and are responsible for paying their own income tax. It is not the responsibility of Temp or the Job provider to pay any income tax, ACC or superannuation benefit. The worker also acknowledges that Temp will not be responsible for any Tax fines or penalties incurred due to undeclared income or unpaid tax.
10.2.2. Temp and the Job provider will not be accountable for any damage to the worker’s personal property when carrying out a Job. It is the choice of the worker whether to use a personal motor vehicle or other personal equipment that may be needed to complete the job. This should be outlined in the job brief prior to the worker accepting the job.
10.2.3. The worker acknowledges that they will be working under the Job provider's supervision, control, direction, and instruction at the Work Site. For this reason, the worker agrees that Temp will not be liable to the worker for, and the worker will indemnify Temp against, any loss of whatsoever nature or kind, however caused by the worker (including by their negligence) whilst they are working for the Job provider under a Job Brief.
11. Intellectual Property
11.1 Temp agrees that all Intellectual property and other information provided by the Job provider to Temp remains the property of the Job provider.
11.2. The Job provider acknowledges and agrees that Temp continues to own all of its own Intellectual Property existing at the date of this Agreement or coming into existence during the Term of this Agreement (including any improvement to such Intellectual Property developed during the Term of the Agreement). Temp grants the Job provider a limited, revocable right to access and use the Temp Platform for the purpose and to the extent as allowed under this Agreement during the Term.
12. Notices
12.1. All mention of notices under this agreement are to be given in writing.
12.2. Notices must be sent electronically in the form of email to the contact email set out in this clause.
(Email):support@temp.org.nz
Job provider and Workers: (Address & Email) as registered through the Temp platform or updated through written notice.
12.3. The Job provider and Worker are responsible for providing Temp with their current email address. In the event that the last email address provided to Temp is invalid, or for any reason is not capable of delivery to Temp, Temp will not recognize that notice has been given.
12.4. The Job provider and worker given notice under this Agreement by Temp will constitute effective notice by Temp dispatching of an email containing such notice.
13. Termination
13.1 Immediate termination
The Job Provider and the Worker may immediately terminate this Agreement by written notice to the other if any of the following occurs:
A termination as a result of a Party breaching any term of the Agreement and failing to remedy the breach within 7 days of being requested to do so, or if the breach is irreparable.
If a Job provider becomes Insolvent.
If a Job provider suspends or ceases, or threatens to suspend or cease, a substantial part of its business operations.
Termination of this agreement does not constitute a cancelation of subscription plans nor an in progress job brief.
If a worker suspends or ceases, or threatens to suspend or cease, a substantial part of their services.
If a Job provider or worker engages in fraud, dishonesty, or any other serious misconduct, immediate termination may be initiated.
13.2. Additionally, Temp may terminate the Agreement by providing written notice to the Job provider if it reasonably believes that the Work Site is or has become unsafe for any reason.
13.3. Termination without Cause
Either Party may terminate this Agreement at any time but will need to provide reasons and must give 14 days written notice.
14. Force Majeure
14.1. If a Party is prevented from or delayed in performing an obligation under this Agreement (including under any Job Brief, other than an obligation to pay invoices pursuant to Clause 7.3.2) by a Force Majeure Event, then the obligation is suspended during, but for no longer than, the period the Force Majeure Event continues and such further period as reasonable in the circumstances. Neither Party shall be liable for any such suspension, delay or disruption to the performance of any obligations as a result of such Force Majeure Event.
14.2. The Party that is prevented from or delayed in performing the obligation must as soon as reasonably possible, notify the other Party of its inability to perform the obligation due to the Force Majeure Event. This can be done by using the report function either within the job page for the Worker or in the applicant list for the Job provider.
15. Governing Law
This Agreement will be governed by the laws of New Zealand and the Parties irrevocably submit to the non-exclusive jurisdiction of the courts in that jurisdiction.
16. Right to work
All workers on the temp platform must hold New Zealand residency or have the necessary Visa or associated documentation to perform work lawfully. A list of acceptable visas can be found at www.immigration.govt.nz. All workers must comply with the Immigration Act 2009 and hold the applicable documentation to perform work operating as an independent contractor. Failure to prove or provide such documentation will result in a ban from the Temp platform.
17. Temp’s Geofence
Temp uses geofencing technology to ensure that our website is only accessible to users who are within specific geographic boundaries. Geofencing is a location-based service that allows us to define virtual geographic boundaries, enabling us to restrict access to our website to users who are physically located within those boundaries.
By using Temp, you consent to our use of geofencing technology to restrict access to our website based on your location.
We only collect and use location data to ensure that you are within the designated geographic boundaries to access our website. We do not use this data for any other purposes or share it with any third parties.
If you have any questions or concerns about our use of geofencing technology, please contact our customer support team. By using Temp, you agree to our use of geofencing technology as described in these terms and conditions."
18. Changes to this agreement
Temp reserves the right to modify the terms of this Agreement or its policies relating to the Temp platform at any time, effective upon the posting of an updated version of this Agreement on the Temp website.
By continuing to use the Temp platform or receiving Services from Temp (including continuing with an existing or outstanding Job), the Job provider and worker confirm they agree to be bound by this Agreement and any amended terms of this Agreement.