These Terms together with our Privacy Notice apply to all Site visitors, subscribers to our services, clients, customers, and all other users of the Site (referred to as“user”, “you”and “your” in these terms).
Where reference is made to “we”, “our” or “us” in these Terms, this means We, us or our means ROSIE’S HELPING HAND LIMITED (a company incorporated in New Zealand with NZBN:9429051388683) the owner of this website (rosieshelpinghand.co.nz).
We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site.
What These Terms of Use Cover
These terms of use cover:
Section A: Booking Terms
Section B: Website Terms of Use
Acceptance of these Terms & Conditions
How you accept: You accept these terms when you access or use this Site, place a booking with us via our online booking form or contact us by phone or email to place a booking.
Your promises about you By using the Site or placing a Booking, you warrant that:
●You are over 18 years of age and have the legal capacity to browse, download information or content or subscribe to marketing materials; and
●You have read and accepted these Terms; and
● You will comply with these Terms
SECTION A: BOOKING TERMS
Placing a Booking: You can place a booking over the phone or via our website.
Pre-Booking is Essential: You must agree the location and scope of the Services with us in advance. Pre-booking is essential.
Prices and Rates
Prices and Rates: Prices are an estimate only. We will supply you with an estimate of the cost to provide the Services in advance.
Additional Costs: If not included in the quotation, you are responsible for paying our costs of accompanying you on any excursions (such as public transport, taxis, cinema, theatre or meals out) and if we incur any third-party expenses directly related to delivering your Service (e.g. having to pay a car parking charge), these will be detailed in the final invoice for the Services.
Additional Time: Where the Services take longer to perform than initially planned (at your request or in the event of circumstances beyond our control or an emergency), we will charge the additional time at the quoted rate at 15-minute increments or based on mileage (whichever applies to the Services).
Deposit: We will advise you if a deposit is required for certain pre-booked Services.
Prices and Rates subject to Change: Our prices are subject to change. Any changes to rates will be communicated in future quotations or estimates.
Cancelling a Booking
Cancellation of a Booking: You are entitled to cancel your booking at any time but in some circumstances a cancellation fee will be charged. We will advise you at the time of the booking of the minimum time to cancel a booking. If not advised on our quotation, you must give us at least 48 hours’ notice of a cancellation of a pre-booked service.
Last Minute Cancellations or No Shows If:
•You do not allow us access to your home or other property to perform the Services as arranged
•Are not at the agreed pick-up location(a no-show)
•Decide on arrival, you no longer want our pre-booked Services
•Cancel without giving us the required notice period we may charge you the full or partial cost of the pre-arranged Services
Payment Methods
Cash or Direct Credit: You may pay by cash or direct credit to our nominated bank account supplied with our invoice.
Credit or Debit Card Fees: Where we offer credit or debit card payments or paywave, we reserve the right to add reasonable merchant fees, costs and expenses for processing credit or debit card transactions if you choose to pay by this method.
Third Party Payments: Where we are an approved provider for any mobility or ACC related services, any third-party payment terms and conditions imposed on us shall apply.
Payment Terms
Late or Non-Payment: Where you do not pay us by the due date stated in an invoice (an Overdue Amount Owing), after a period of 5 (five) Business Days, we shall have the right to apply default interest at a rate of 5% per month on the invoiced amount (or such rate published on our invoices if different).
This shall be calculated daily and compound monthly at that rate if we elect to do this. This applies before and after any judgment (if applicable).
Debt Collection or Recovery Costs: If an Overdue Amount Owing remains unpaid for 14 (fourteen) Business Days or more, we reserve our rights to engage the services of a debt collection agency or solicitor to take proceedings to recover the Overdue Amount Owing. You will be liable for the costs incurred by us in the collection of any unpaid amounts including but not limited to legal costs, debt collection fees and internal administration fees.
Providing the services
Care and Skill: We will provide the Services to you with reasonable care and skill and in accordance with the dates and times set out in the quotation.
Access to your Home: Due to the nature of the Services, you may need to provide us with access to your home to provide the Services.
Licence to Operate: We warrant that we have the appropriate licence to operate to provide the Services.
Insurance: We warrant that we hold appropriate insurance to operate the Services.
Liability and guarantees
Limit of Liability: We accept no liability for any losses, costs, damages, claims or expenses in relation to your personal property, including your home or vehicle.
Consumer Guarantees Act: We do not exclude or limit in any way our liability which cannot be limited or excluded by law. The Consumer Guarantees Act 1993 shall apply where you are not in business or trade.
Complaints
In the unlikely event of any problem with the Services, please contact us and tell us as soon as is reasonably possible so that we may have a reasonable opportunity to remedy any potential problems.
SECTION B: WEBSITE TERMS OF USE
Third Party Sites
Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse, or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.
Discontinuance of Site
We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.
Updates to Information Content
Materials and information on this Site proving information about our services is information content only and is subject to change without notice. We do not undertake to keep our Site up-to-date, and we are not liable if any information content is inaccurate or out-of-date or does not meet your specific purposes or needs.
Intellectual Property rights
Our Intellectual Property: The Site and online content contains intellectual property owned by us, including, without limitation, trademarks, copyrights, proprietary information, and other intellectual property rights, as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and software.
No Transfer of Rights: Your use of the Site, purchase or download of any content does not grant or transfer any rights, title or interest to you in relation to this Site, or the content.
No Infringement by You: Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of the content in any manner, except for modifications in completing the content (such as a form or booking interface) for your authorised use.
Warranties and Disclaimers
Exclusions: This Site and all content is provided on an “as is” and “as available” basis and to the fullest extent permitted by law, we make no representations or warranties about our content including (without limitation) that:
•It is suitable, complete, accurate, reliable, up-to-date, and suitable for any particular purpose
•access will be uninterrupted, error-free and free from harmful components (including viruses) or other code that is harmful or may assist in causing harm
•there is no possibility of failure to store communications or other data Limits of Liability Despite anything to the contrary, to the maximum extent permitted by law we will not be liable to you for any direct or indirect loss of any kind including loss of profit, loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Indemnity from You to Us
Indemnity from you to us: To the maximum extent permitted by law, you agree to indemnify us, and hold us and our related entities, affiliates, officers, agents and employees harmless, against any loss, liability, claim or demand (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising from your use of this Site in violation of these Terms or due to any breach of these Terms or any applicable laws by you. Indemnity continues This indemnity is a continuing obligation, independent from the other obligation under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any liability before enforcing a right of indemnity under these Terms.
Governing Law
Your use of our Site and these Terms are governed by the laws of New Zealand. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New Zealand and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Complaints
If you have any complaint about our Site or our Services, please contact us via our contact page stating your name, contact details and nature of your complaint.