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Terms of Service

1. Acceptance


By using the App and/or the Website, you accept these terms and conditions of use (Terms).

 

2. Definitions


In these Terms:

App means either the native mobile application or the web-based application through which OMJ (Oh My Jobs) makes the Service available;

Business Day means a working day in the province in which the Shift is to be undertaken and excludes weekends and public holidays;

Client means a person, limited liability company or organisation who advertises a Job for acceptance and performance by a Contractor;

Contractor means an individual who accepts and performs a Job for a Client;

Contractor Fee means the fee payable by the Client to the Contractor for completing the Job;

Confidential Information means all information of a confidential nature exchanged between You and OMJ (Oh My Jobs) which includes Personal Information but does not include information that is publicly available other than through unauthorised disclosure;

Data means data input by You into the App or the Website;

Independent Contractor Agreement means an agreement for services between the Client and the Contractor;

IP Rights means patents, trade and service marks, copyright, moral rights, design rights, know-how and all other forms of intellectual property;

Job means services offered by a Client via the App for acceptance by a Contractor in accordance with a contract for services between the Client and the Contractor, which may include one or more days or timeframes;

OMJ (Oh My Jobs) means Pressure Blythe Limited t/a OMJ (Oh My Jobs);

OMJ Fees means all amounts payable by a Client, for the Service, to OMJ (Oh My Jobs).

Personal Information has the meaning given to that term in the Privacy Act 2020.

Privacy Breach Guidelines means the requirements set out in OMJ (Oh My Jobs)’s privacy policy and any requirements set out in the Privacy Act 2020 that apply following the disclosure or treatment of Personal Information in contravention of the Privacy Act and any guidance issued by the Office of the Privacy Commissioner.

Service means the service provided by OMJ (Oh My Jobs) on the App, which connects Clients and  Contractors, enabling Clients to advertise Jobs that can be accepted by Contractors. The Service shall also mean OMJ (Oh My Jobs)’s obligations as set out in these Terms;

Website means OMJ (Oh My Jobs)’s website at www.ohmyjobs.com;

You means any Client or Contractor (or both) and Your has a corresponding meaning.

 

3. Use of Website and Service


3.1 OMJ (Oh My Jobs) grants You the non-exclusive right to use the App and the Service subject to these Terms.
3.2 You are responsible for:
  1. Determining that the Service is suitable for Your purposes;
  2. Providing all relevant information requested by OMJ (Oh My Jobs) so that it can provide the Service to You;
  3. Complying with OMJ (Oh My Jobs)’s requirements posted on the App or the Website;
  4. Complying with all laws, regulations and bylaws governing Your use of the Service and OMJ (Oh My Jobs)’s ability to provide the Service;
  5. Ensuring that all Data inputted is true and correct; and
  6. Complying with our Code of Conduct for use of the App.

 

4. The Job 


4.1 The Client shall be responsible and liable for:
  1. Correctly recording, and where necessary updating, all necessary information into the App;
  2. Ensuring that the Contractor is suitable for the Job;
  3. Ensuring it meets all of its legal obligations under any statute, contract, law, regulation, bylaw and/or any other obligations in conjunction with the Contract for Services and/or Job between it and a Contractor;
  4. Approving the Contractor’s timesheet/invoice in a timely manner (as recorded in the payment terms) to enable payment to be processed by OMJ (Oh My Jobs);
  5. Payment of OMJ Fees; and
  6. Payment of the Contractor’s Fees to OMJ (Oh My Jobs) in accordance with these Terms and the payment terms.
4.2 The Contractor shall be responsible and liable for:
  1. Ensuring it meets all of its legal obligations under any statute, contract, law, regulation, bylaw and/or any other obligations in conjunction with the Contract for Services and/or Job between it and a Client;
  2. Correctly recording, and where necessary updating, all required information in the App;
  3. Submitting their invoice to the Client upon completion of each Shift via the App; and
  4. Ensuring that all of its personal information that it provides to OMJ (Oh My Jobs) is true and correct;
4.3 The parties agree and acknowledge that:
  1. OMJ (Oh My Jobs) is an intermediary service provider.  The Terms do not create any relationship whereby OMJ (Oh My Jobs) is a party to the Contract for Services or any Job between the Client and the Contractor, or is in an employment relationship with either party (including but not limited to under section 103B of the Employment Relations Act 2000); and
  2. Nothing in these Terms should be interpreted as constituting a party as an agent, partner or employee of the other and the Contractor and Client may not represent to anyone that:
    1. they are agent, partner or employee of OMJ (Oh My Jobs); or
    2. they have any power or authority to incur any obligation of any nature on behalf of OMJ (Oh My Jobs).

 

5. Access to the Service


5.1 OMJ (Oh My Jobs) is not liable for any misuse of Your login or password for the App.  You are responsible for the risk of all transactions performed through your account.
5.2 When using the App, You must not:
  1. Undermine the security of OMJ (Oh My Jobs)’s systems or networks or, where the Service is hosted by a third party, that party’s computing systems and networks;
  2. Impair the functionality of the Service or the App or the Website, or other systems used to deliver the Service or impair any other person’s use of the Service, App or Website;
  3. Gain unauthorised access to any materials other than those to which You have been given express permission to access or to the system on which the Service is hosted;
  4. Transmit, or input into the App or Website any files that may damage any other person’s computing devices or software, content that may be offensive, or material or Data in breach of any law;
  5. Modify, copy, adapt, disassemble, decompile or reverse engineer any computer programs used to deliver the Service or to operate the App or Website;
  6. Share any of Your login and password details with any third party;
  7. Fail to comply fully with OMJ (Oh My Jobs)’s policies and/or requirements on Information Technology. The use of OMJ (Oh My Jobs)’s systems in a manner that breaches the law, or reasonable standards of decency is prohibited; or
  8. Copy software that is protected by copyright or a licensing agreement whether the use of such software is for personal or business purposes, unless written approval is first granted by the owner or licensor of the software concerned.

 

6. Fees and payments


6.1 The Client shall advertise the fees payable for each relevant Job on the App.
6.2 The Contractor shall clock in on the App and clock out on the App to ensure that their time engaged for the Job is accurately recorded for invoicing purposes.
6.3 On completion of the Shift, the Contractor shall as soon as is reasonably practicable review the time engaged for the Job on the App to ensure it is correct.
6.4 Upon verifying their time engaged for the Job the Contractor will immediately instruct OMJ (Oh My Jobs) (via the App) to issue to the Client, on its behalf, an invoice for the Contractor’s Fee showing time worked on behalf of the Contractor.
6.5 OMJ (Oh My Jobs) shall deduct withholding tax (at the applicable rate) from payments due to the Contractor engaged by that Client for each Shift and Job and will pay the withheld tax to the Inland Revenue Department. The Contractor acknowledges and agrees that
  1. The withholding tax payment is a voluntary schedular payment in terms of Part W, Schedule 4 of the Income Tax Act 2007;
  2. The Contractor shall be solely responsible for the payment of any other levies, assessments, taxes or other payments levied upon the Contractor as required under the provisions of the Income Tax Act 2007, the Goods and Services Tax Act 1985, the Accident Compensation Act 2001, and all other legislation that may be in force and which affects the Job; and
  3. If Inland Revenue assesses OMJ (Oh My Jobs) as being liable to make any other payments on behalf of the Contractor, the Contractor will indemnify OMJ (Oh My Jobs)  for any unpaid tax, penalties, interest or additional tax levied by Inland Revenue, and any premiums payable in respect of the Contractor’s obligations.  The Contractor agrees that the OMJ (Oh My Jobs)  may deduct any monies from any Contractor Fees payable by OMJ (Oh My Jobs)  to the Contractor to satisfy this indemnity.
6.6 The Client shall pay the OMJ Fees and the Contractor’s Fees to OMJ (Oh My Jobs) in accordance with the payment terms agreed between the Client and OMJ (Oh My Jobs).
6.7 The Client’s right to use the Service and advertise Jobs is conditional on OMJ (Oh My Jobs)’s receipt of payment of OMJ Fees.  If payment is not received on time in accordance with the agreed payment terms, OMJ (Oh My Jobs) may suspend or cancel the Client’s use of the Service.
6.8 OMJ shall not be liable for:
  1. Any payment delays caused by the Client’s failure to approve the Contractor’s invoice in a timely manner; or
  2. Any direct or indirect losses, claims, damages or costs incurred by You in the event it is determined that the Contractor’s Fee paid by OMJ (Oh My Jobs) is incorrect (subject to OMJ (Oh My Jobs) complying with the Client’s instructions).
6.9 Subject to OMJ (Oh My Jobs) complying with the Client’s instructions for payment, it shall not be liable to the Contractor for any dissatisfaction or dispute in relation to the Contractor’s Fee. Furthermore, it is acknowledged that OMJ (Oh My Jobs) shall not be party to any dispute in resolving the Contractor’s Fees.
6.10 OMJ (Oh My Jobs) will not be held liable for any direct or indirect losses, damages or claims that the Contractor may suffer in the event the Contractor provides any incorrect information on the App and/or the Website - by way of example and not limitation, incorrect bank account details, incorrect IRD number etc.

 

7. Confidentiality


7.1 Unless You or OMJ (Oh My Jobs) has the prior written consent of the other or unless required to do so by law:
  1. Each of You and OMJ (Oh My Jobs) will preserve the confidentiality of the other’s Confidential Information;
  2. Neither You nor OMJ (Oh My Jobs) will, without the other’s prior written consent, disclose any Confidential Information to any other person, or use it for its own benefit, except as permitted by these Terms.
  3. Each party’s obligations under this clause will survive termination of Your use of the Services.
7.2 Clauses 7.1(a) and (b) do not apply to any information that:
  1. Becomes public knowledge other than by a breach of this clause;
  2. Is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
  3. Is in the recipient’s possession without restriction in relation to disclosure before the date of receipt from the disclosing party; or
  4. Is independently developed without access to the Confidential Information.

 

8. Privacy Policy


8.1 OMJ (Oh My Jobs) will process Your personal details in accordance with its Privacy Policy published on the App and the Website.  You should read that policy here and You will be deemed to have accepted that policy when You accept these Terms.
8.2 Protection of Personal Information: Where the Client and/or OMJ (Oh My Jobs) has access to Personal Information under or in connection with these Terms that party must:
  1. Only use, access, store, process or transmit the Personal Information to the extent necessary to undertake the Job and/or Services (as relevant) and if necessary to comply with any relevant legislation, bylaw, regulation or order of the Court;
  2. Ensure that the Personal Information is protected against loss, access, use, modification, or disclosure that is not authorised by the Contractor;
  3. Provide all information and assistance reasonably required by the Contractor to comply with its obligations under the Privacy Act in relation to these Terms; and
  4. Comply with OMJ (Oh My Jobs) privacy policy and Privacy Act 2020 and not do anything under these Terms that would cause the Contractor to breach the Privacy Act 2020.

9. Intellectual Property, Data and Content


9.1 All IP Rights in all software and content made available to You through the App and the Website remain the property of OMJ (Oh My Jobs).
9.2 You may store, print and display the content supplied solely for Your own use.  You may not publish, manipulate or otherwise reproduce any content of the App or the Website.
9.3 You may not modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on any software or documentation supplied by OMJ (Oh My Jobs).
9.4 OMJ (Oh My Jobs) will use all reasonable commercial efforts to prevent Data loss, but does not guarantee that there will be no loss of Data.  OMJ (Oh My Jobs) excludes all liability for any loss of Data no matter how caused.

 

10. Service Availability


10.1 Although the Service is intended to be available 24 hours a day, seven (7) days a week, the App or Website may occasionally be unavailable to permit maintenance or other development activity.
10.2 Use of the Service will not necessarily be uninterrupted or error free. Among other things, the availability of systems used for accessing the Service, including public telephone services, computer networks and the Internet, can be unpredictable and OMJ (Oh My Jobs) is not responsible for any interference with Your use of the Service and not liable for any direct or indirect losses, costs or damages You suffer as a result.
10.3 If OMJ (Oh My Jobs) needs to interrupt the Service for longer than OMJ (Oh My Jobs) would normally expect, OMJ (Oh My Jobs) will use reasonable efforts to provide advance notice on the App and the Website of the interruption.

 

11. Limitation of Liability


11.1 OMJ (Oh My Jobs) gives no warranties about:
  1. The quality of any Job; or
  2. The suitability or ability of any Contractor to complete a Job and 

all implied conditions or warranties regarding the Service and any Job are excluded to the extent permitted by law.

11.2 To the maximum extent permitted by law, OMJ (Oh My Jobs) excludes all of its liability to You for any direct or indirect loss or damage resulting from any use of, or reliance on, the Service, the Job, these Terms, the App or the Website.
11.3 If You suffer loss or damage as a result of OMJ (Oh My Jobs)’s breach of these Terms, any claim by You against OMJ (Oh My Jobs) will be limited in respect of any one incident, or series of connected incidents, to the OMJ Fees payable for the incident in respect of which Your claim is made.

 

12. Disputes


12.1 If a dispute, between OMJ (Oh My Jobs) and a Client or OMJ (Oh My Jobs) and  a Contractor, arises out of or relates to these Terms (including any dispute as to breach or termination of these Terms or as to any claim in tort, in equity or pursuant to any statute) neither  party may commence any court proceedings relating to the dispute unless it has complied with the following paragraphs of this clause except where the party seeks urgent interlocutory relief.
12.2 Notice: A party to these Terms claiming a dispute ("Dispute") has arisen under or in relation to these Terms must give written notice to the other specifying the nature of the Dispute.
12.3 Resolution: On receipt of that notice by the other party, the parties must endeavour in good faith to resolve the Dispute expeditiously using informal dispute resolution techniques such as mediation, expert evaluation or determination or similar techniques agreed by them.
12.4 Compulsory Mediation: If the parties do not agree within 5 Business Days of receipt of a notice (or such period as agreed in writing by them) as to:
  1. the dispute resolution technique and procedures to be adopted;
  2. the timetable for all steps in those procedures; and
  3. the selection and compensation of the independent person required for such technique,

then a party can require the other party to mediate the Dispute in accordance with the procedures of Arbitrators & Mediators Institute of New Zealand, and the President of Arbitrators & Mediators Institute of New Zealand (or the President's nominee) will select the mediator and determine the mediator's remuneration provided that for the avoidance of doubt it is recorded that conduct of a mediation process in accordance with this clause shall be without prejudice to either party's ability to commence court proceedings upon completion of such mediation process, if a binding agreement has not been reached as a result of that mediation process.

12.5 For the avoidance of doubt, this clause is limited to disputes with OMJ (Oh My Jobs).  Any dispute between a Client and Contractor will be determined by their Independent Contractor Agreement. 

 

13. Termination


13.1 If You choose to discontinue using the Service, You may ask OMJ (Oh My Jobs) to delete or archive Your account in the App and reactivate it by contacting OMJ (Oh My Jobs) at support@ohmyjobs.com.
13.2 OMJ (Oh My Jobs) may immediately suspend or terminate Your use of the Service, the App and the Website and Your access to any Data, if:
  1. We receive complaints about You;
  2. You become insolvent, bankrupt or unable to pay Your debts in the ordinary course of business, go into liquidation, have a receiver, administrator, statutory manager or similar officer appointed in respect of it or any material part of its assets, or make any assignment to, or enter into an arrangement for the benefit of, Your creditors;
  3. You breach these Terms and do not remedy the breach (if capable of remedy) within 14 days after receiving notice of the breach; or
  4. You breach a material term of these Terms.
13.3 You agree to indemnify OMJ (Oh My Jobs) for any losses, damages, costs and expenses it incurs as a result of Your breach of these Terms.

 

14. Miscellaneous provisions


14.1 These Terms, together with OMJ (Oh My Jobs)’s Privacy Policy and any notices or instructions given to You, constitute the entire agreement between You and OMJ (Oh My Jobs) relating to the Service.
14.2 These Terms are personal to you and may not be assigned, subcontracted or transferred to anyone else without Our prior written consent.
14.3 The Client agrees that, until these Terms are terminated  and for a period of twelve (12) months following their termination, You will not directly or indirectly solicit, engage, or employ any Contractor without Our prior written consent.
14.4 In the event of a breach of Clause 14.3, the Client agrees to pay us  liquidated damages equivalent to the Contractor Fees payable to the relevant Contractor for the preceding 90 working days from the date of the Contractor’s last engagement with Us.
14.5 No waiver by OMJ (Oh My Jobs) of a breach of these Terms will constitute a waiver of any other breach. No waiver will be effective unless made in writing.
14.6 OMJ (Oh My Jobs) will not be liable for any delay or failure in providing the Service caused by anything outside OMJ (Oh My Jobs)’s control.
14.7 You may not assign Your rights under these Terms to any other person without OMJ (Oh My Jobs)’s prior written consent.
14.8 Any notice given under these Terms must be in writing by email and will be deemed to have been given on transmission unless a bounce back email is received advising that the email was not delivered. Notices to OMJ (Oh My Jobs) must be sent to support@ohmyjobs.com or to any other email address notified to You by OMJ (Oh My Jobs).  Notices to You will be sent to the email address You provided when setting up Your account with OMJ (Oh My Jobs).
14.9 These Terms are governed by New Zealand law and subject to the exclusive jurisdiction of the New Zealand courts.
14.10 OMJ (Oh My Jobs) may revise these Terms by updating the App and the Website and may change the content, links or functionality of the Website or the Service at any time. Your continued use of the Service will constitute your acceptance of the revised Terms.
14.11 In the event of any invalidity of any part or provision of these Terms such invalidity will not affect the enforceability of any other part or provision of these Terms.
14.12 You confirm that You have had the opportunity to obtain independent legal advice on these Terms prior to accepting them.  

 

CODE OF CONDUCT

 

Oh My Jobs (OMJ) is committed to fostering a safe, respectful, and lawful environment for all users. This Code of Conduct outlines the standards of behaviour expected from everyone using our App. By accessing or using the Oh My Jobs (OMJ) App you agree to comply with this Code.

15. Respectful Conduct


15.1 Treat all users with respect, fairness, and courtesy, regardless of race, gender, age, religion, sexual orientation, disability, or cultural background.
15.2 Harassment, bullying, discrimination, hate speech, or any form of abusive behaviour on the App will not be tolerated.

16. Compliance with the law


16.1 All activities and users of the Oh My Jobs (OMJ) App must, when using the App, comply with the law, including (without limitation):
  1. Privacy Act 2020: Handle personal information responsibly and in accordance with the Act and Oh My Jobs (OMJ) privacy policy (attach link).
  2. Human Rights Act 1993: Avoid discriminatory practices.
  3. Fair Trading Act 1986: Engage in fair dealings and avoid misleading or deceptive conduct.
  4. Copyright Act 1994: Do not engage in fraudulent, illegal, or intellectual property-infringing activities.

17. Content Standards


17.1 You must not upload, share, or promote:
  1. Material that is offensive, defamatory, or obscene.
  2. Content that infringes copyright, trademarks, or other intellectual property rights.
  3. Material that incites violence, discrimination, or other illegal activities.
17.2 You must use truthful and accurate information in your profile about yourself or your company, the job descriptions, and in all other dealings and communications on the App.

18. Obligations 


18.1 Obligations for Clients:
  1. To provide clear and accurate Job descriptions and terms when engaging Contractors.
  2. Ensure payments are made in accordance with the Payment Terms.
  3. Ensure compliance with Oh My Jobs (OMJ) Terms and Conditions.
18.2 Obligations for Contractors:
  1. Accurately and honestly represent their skills, qualifications, and experience on the App.
  2. Ensure compliance with Oh My Jobs (OMJ) Terms and Conditions.

19. Confidentiality and Data Protection


19.1 Respect the confidentiality of information exchanged on the App.
19.2 Protect personal and business information in accordance with the Privacy Act 2020 and Oh My Jobs (OMJ) privacy policy.

20. Breaches of this Code


20.1 Breaches of this Code may result in:
  1. The suspension or termination of your account.
  2. Oh My Jobs (OMJ) reporting any unlawful activity to the relevant authority.

21. Modifications to the Code


21.1 Oh My Jobs (OMJ) may update this Code of Conduct from time to time. Your use of the App constitutes your acceptance of the revised terms.