Still Got Skills site Terms & Conditions
Welcome to Still Got Skills terms. We think this information is important, and we’re glad you’ve taken an interest. We also understand how hard it can sometimes be to understand legal terms, so we’ve tried to simplify this for you.
1. Our Services
2. Your Membership
3. Your general commitments
4. Listing
6. Reviews and Feedback
7. Resolving problems
8. About our Terms
9. Specific Terms
1.Our Services
1.1 We provide a venue including Still Got Skills Jobs and Services
Our aim to provide services to make life better for New Zealanders.
We provide an online venue to introduce Members to each other and to allow Members to advertise their Skills and Services. It is intended as a pathway for individuals with skills and expertise developed over a lifetime, to link with others who require these skills, jobs and services.
In providing the Still Got Skills venue, we don’t participate in the actual providing of these Skills or the transaction involved. We don’t act as an agent for either party. We also don’t take part in the actual provision of Member Services.
Still Got Skills does not guarantee the qualifications or workmanship of the members, or any third parties. Likewise, Still Got Skills does not accept any liability for compliance to regulatory authorities of any work undertaken by members or third parties.
1.2 We work to ensure our venue is safe and trustworthy
Our Members will only use Still Got Skills if they trust other Members and feel confident in the Still Got Skills community. We have a Trust and Safety focus, and we’re constantly working to make Still Got Skills a safe online place for Kiwis. We pre-screen Listings and monitor the Site, if we become aware of any misuse of our Services, we’ll take the appropriate action. This could be issuing a warning, removing content, disabling an account, banning a Member, or contacting the relevant authority.
While care is taken in ensuring the accuracy of listings, we are not responsible in any way for any inaccuracy or deliberate or accidental information or actions provided on the part of listing members.
Some examples of the kind of misuse we’d take action over are: illegal or inappropriate offers, unsafe work, false claims, misleading information, Listings that do not comply with New Zealand law or that infringe or harmful or offensive conduct. We may also limit your activities on our Site based on your off-site conduct, such as prior criminal convictions, insolvency, or any other conduct that puts our community or systems at risk.
You agree that we may disclose your personal information in accordance with our privacy policy, including your name and contact details, site interactions or other relevant information, to the relevant authorities or parties.
1.3 We license our intellectual property to you
To enable you to use and enjoy our Services, we grant you a limited, non-exclusive, non-transferable and revocable licence to use our Site and Services in accordance with our Terms.
We retain all of our intellectual property rights, including our rights in the software and source code used, to provide the Site and Services. You may not adapt, reproduce, copy, store, distribute, publish or create derivative works from any part of the Site, or commercialise or on-sell any information obtained from the Site or our Services, without our prior written consent.
1.4 We can change our Services on notice
We are constantly changing and improving our Site and Services. We may add or remove features or functions and we may suspend or stop providing a Service altogether.
2. Your Membership
2.1 Becoming a Member
It’s currently free to become a Member of Still Got Skills, but we do have some eligibility terms. To become a Member you must:
1. be at least 18 years old and able to enter into contracts;
2. be a resident in New Zealand.
3. complete the registration process and provide true, correct and up-to-date information.
In order to use our Services, you only need one account. So, you can’t register as a Member under multiple identities, personas, or aliases (whether they are false or not). You may create a business membership, in addition to your personal one.
2.2 Maintaining your membership
You must maintain and update your personal and account information, to ensure it’s always current and correct. We may contact you to verify your details.
You’re responsible for all the activity that happens on your account. To protect it, keep your login information secret and secure, change your password regularly, and don’t let anyone else use your membership.
Our Members work hard to earn great feedback, and rely on the reviews placed by others. Unless we give specific prior approval, your membership is not transferable and can’t be sold, leased, lent or traded. If you want to transfer your membership, you can get in touch to apply.
2.3 Your account balance
We maintain an account for each Member. You can check your account balance at any time by logging in and going to your My Still Got Skills page. You must use your account to pay all fees. You’re not able to use your account balance for any other purpose and account credit is not transferable between Members.
You must pay promptly and cannot operate with a zero or negative account balance. If your account remains negative or you are in debt to us, we may take action against you to recover that debt. The Member agrees accepts that we have the right to take action against you to recover that debt. For example: by using a third-party debt collection service, or deducting the amount owed. You agree that you will be liable for all expenses that we incur trying to recover that debt, including legal costs.
If your membership is terminated, we’ll refund any balance of your account, less a $5 processing fee that we may charge. If your balance is less than $5, we won’t refund you. If you haven’t logged into your account for more than 18 months, your account will be suspended and any unused balance will be forfeited to us. You’ll need to get in touch to get your account back up and running.
Promotional giveaways of Still Got Skills credit, bonus credit, or any free credit gifted to you on registration won’t be refunded (upon termination or at any other time).
2.4 How we communicate with each other
We may contact you about your membership, your transactions and any other activities on the Site. Our privacy policy has more information on this.
Subject to your email preferences, we may contact you with information or promotions about our other Services that we think you’ll be interested in. We may also send emails and e-newsletters to some of our Members, where we think they’ll be relevant. You can unsubscribe from all emails and newsletters that don’t contain important information about using Still Got Skills.
2.5 Terminating your membership
You may terminate your membership at any time, for any reason. We’ll need around three days to process your request. Similarly, we may refuse to offer some or all of our Services to you without prior notice, for any reason.
If we have restricted or prohibited your access to our Services, we will have done this for a reason and, if we can, we’ll tell you why. You agree not to bypass these controls, for example, you agree not to create a new membership. If we become aware that you have created a new membership, you agree that we have the right to cancel that membership immediately with no notice. If we have explained why your access to our Services has been restricted or prohibited, we reserve the right to cease further correspondence with you.
If your membership is terminated (by you or by us), your ability to access our Site will end and you must stop using our Services. Certain clauses from these Terms will continue to apply after termination. If you visit our Site after termination, or otherwise use our Services, these Terms will apply.
3. Your General Commitments
We provide our Services with the aim of making life better for New Zealanders. To help us do that, we need you to make certain commitments:
3.1 Code of conduct
Our code of conduct sets out principles and behaviours that the Still Got Skills community reasonably expects of Members using our Services. The code of conduct forms part of these Terms.
3.2 Our venue is for New Zealand
Our venue is for New Zealand only. You must be located in New Zealand to list Services on Still Got Skills.
3.3 Be Polite and Courteous
No scraping: You may not use a robot, spider, scraper or other unauthorised automated means to access the Site or information featured on it for any purpose. You also may not manually scrape, harvest or otherwise extract data from our Site without our express permission.
Keep it legal: You’ll comply with all applicable laws when using our Services. Examples of some relevant laws are the Fair Trading Act 1986, the Consumer Guarantees Act 1993, the Harmful Digital Communications Act 2015, the Copyright Act 1994, and the Trade Marks Act 2002, to name a few!
No classified spamming: You won’t use the ‘contact’ feature of Classified Listings to promote your own product or service to the lister. We call this ‘classified spamming’, and it’s not allowed.
3.4 You give us a right to use your content
You confirm that you either own or have permission to use all of the content that you post and upload when using our services. For example: any photos, data, information, listing descriptions and other content (“your content”).
You retain ownership of your content and nothing in these Terms is intended to claim ownership of your content or to restrict your ability to use your own content.
You give us a licence or right to use your content so we provide our Services, including for the purposes of making improvements to our Services and for other internal and business purposes. Under this licence you grant us a non-exclusive, perpetual, transferable, sublicensable, unrestricted, royalty-free, irrevocable and worldwide licence to us, to use, store, display, reproduce, modify, distribute, create derivative works, and save your content in any manner and on any media or platform, including those owned and operated by Still Got Skills, Still Got Skills affiliated third parties and other third parties we may work with, to promote, improve and provide our Services, including for the purposes of making improvements to our Services and for other internal and business purposes. This licence continues even if you stop using our Services or delete content from your account. You confirm that you have the right to grant this licence to us.
The following examples is a non-exhaustive list of all the ways we may use your content, but are intended as helpful examples:
• We may use the content to promote, improve and provide our Services and to enable other third parties to provide services, as we deem appropriate. This means, for example, that if you list, you give us permission to store, copy, use and share that Listing (including any photos) on our sites and those owned by third parties, even after the Listing has finished.
• We may use the content by displaying it on a third-party website to promote the Listing while it’s live.
• We may store the Listing so that we can help you re-list it in the future if it did not sell.
• Our Trust & Safety team may use your Listing as an example on our Trust & Safety blog as part of their mission to make Still Got Skills a safe online marketplace.
• We may use the content for marketing purposes, or we may store and use the content for our own internal purposes, to help us improve our Services.
• We won’t use your trademarks or logos without your express permission.
4. Listing
4.1 Our fees
Our current fees are explained on our fees page. You’ll be able to review and accept any fees before you list, and must pay them when they’re due. By using our Services, you agree to pay our fees.
We may change our fees at any time. We’ll notify you about fee changes, usually by site announcement, and we’ll generally give you two weeks’ notice. If we introduce a new Service, the fees for that Service are effective at the time the new Service is launched. If you want to know what our current fees are at any time, just visit our fees page.
From time to time we may offer special or promotional deals (“promos”) on certain goods, such as a discount on the normal success fees, or the chance to list without any fees applying.
All of our fees are inclusive of GST unless we clearly express our fees as excluding GST.
4.2 Your advertised prices must include GST and you’re responsible for your taxes
If you are GST registered or you are a tax resident of New Zealand for the purposes of GST law, you must list in New Zealand dollars and include GST (if any) in the price. We recommend that you engage the services of a qualified chartered accountant to ensure your tax obligations are met.
4.3 Keep it honest, legal, relevant and use our Services as intended
Be clear and upfront: All Listings must be accurate, current, complete and include all relevant information and the key terms. For example, a Listing on Still Got Skills must include an honest description of the Services, the terms of sale, payment terms. You agree to only list Services that you can provide.
Keep it legal: Your Listing must comply with all relevant New Zealand legal requirements. For example: (a) you must have the right to create the Listing; (b) the Listing must be accurate and not misleading, which includes ensuring no material information is left out; (c) in terms of Still Got Skills, it must be legal to offer the service or sell the Item, and any Services must meet any relevant safety standards; and (d) your Listing must not breach any legal requirement, e.g. all jobs Listings must comply with the Human Rights Act and all other relevant employment law.
Keep it relevant: Keyword spamming to manipulate search results is not allowed.
Use as intended: Each of our Services and Listing options have a clear function or purpose. For example, the purpose of a Voluntary Listing is to enable a Lister to offer one specific Service for Free. You must use our Services for their intended purpose and must not misuse them in order to avoid our fees, advertise your business or manipulate search results. Our Listing Policy provides more detail and specific examples on how our Services should be used and what behaviour won’t be tolerated. If you need guidance on how to use our Services, feel free to get in touch.
4.4 Comply with our policies
Specific terms: We have a number of listing policies and other specific terms that govern how and what you can list on Still Got Skills. For example, we have a list of Items that are banned or restricted, specific job listing policy, and many more. Please check them out before listing.
4.5 Respond to our reasonable requests
We may contact you to request further information about your Listings, if we need to. This is to ensure Services meet any relevant safety standards or laws.
5. Paying for Services Received
5.1 Paying and buying
You should only agree to engage the Lister if you intend to do so at the price entered or agreed to. Don’t waste peoples time and energy by changing your mind unnecessarily. Prices listed are typically not for negotiation unless otherwise stated.
You should promptly pay the Services price and complete the transaction in the manner specified in the Listing.
If you don’t pay for a Service that you’ve agreed to purchase and the Seller complains to us, we may step-in. We’ll exercise our discretion at the time and depending on the situation, we may issue you a warning, or we may suspend or terminate your membership including without giving you any prior warning.
5.2 Buyer Protection
We strongly recommend any Services are not paid for until the specified Service has been completed to a satisfactory standard.
Payment of deposits or up-front payments are deemed to be negotiated between the Members supplying and using these services. If you encounter issues you should let us know and (subject to the specific terms of the relevant payment method) try to resolve the issue with the Service Provider first.
After Three Strikes for Issues reported to us we will take action, such Issues are not limited to Time Wasting; Lack of agreed engagement; Failing to make Payment; Poor Workmanship or Untimely Work Process us we may take action not limited to offenders being banned. The buyer and lister may seek a resolution under the Disputes tribunal should a resolution not be reached through us.
5.3 Restricted Services
Certain Services have specific restrictions. We retain the right to exclude Services and/or content we deem inappropriate. Repeat offenders will be banned.
6. Reviews and Feedback
Reviews and Feedback are provided to facilitate trading between Members, and helps us to ensure a great experience for all Members.
We take feedback seriously and we hope you do too. The feedback you provide on other Members must not contain offensive, defamatory or retaliatory language or content. What’s ‘offensive’? We mean anything we find offensive, in our sole opinion. If in doubt, check out our feedback policy for guidance. We’ll remove any infringing feedback that we become aware of, but we hope that you’ll be considerate and constructive.
Any feedback should relate to the specific transaction and not any other transaction.
7. Resolving problems
7.1 Disputes with a trade or another Member
You agree to try to resolve any disputes you have with other Members directly with them. We do try to offer help and information where we can, but please keep in mind that we’re not a party in any transaction between you and another Member, and there’s only so much we can do.
Because we care about our Members’ privacy, if you’re taking a dispute with another Member to the Disputes Tribunal or other tribunal or committee, we’ll only release that Member’s details if you sign a statutory declaration. We can provide you with a statutory declaration form if you need one. See our privacy policy for more information.
7.2 Disputes with us or our Service
If you have a dispute with us, please get in touch and we’ll try to resolve it informally. If we need to contact you about a dispute, we’ll use the last email address you gave us or any other reasonable method. If we haven’t been able to resolve a dispute informally, either party can look to resolve a dispute or seek any remedy available through any legal method available.
The Commerce Commission is responsible for enforcing a number of consumer laws, including the Fair Trading Act (which prohibits false and misleading behaviour). If you have a complaint about Still Got Skills being misleading, you can refer it to the Commission.
The Advertising Standards Authority is a self-regulating body for the advertising industry, dedicated to ensuring advertising is socially responsible, truthful, and not misleading. If you have concerns about any Still Got Skills advertising, you can submit these to the ASA.
Still Got Skills Terms are governed by the laws of New Zealand. If there’s a dispute, it will be resolved in New Zealand.
7.3 Our Services and system may not always be available
We work hard to ensure the security and performance of our Services but we don’t guarantee that our Services will be 100% secure, uninterrupted or error-free. We provide our Services on an ‘as is’ basis, without any warranty of any kind. That means your use of our Services is at your own risk. It also means that we exclude and disclaim all implied warranties, to the extent that we legally can, such as fitness for purpose, merchantability and non-infringement.
If you are using our Services for a personal purpose, then nothing in our Terms limits any consumers’ legal rights that may not be waived or limited by contract.
Any information or advice that we may give you regarding or during your use of our Services is also subject to the disclaimers in these Terms and won’t create any warranty that isn’t expressly given in these Terms.
7.4 Our liability to you is limited
To the maximum extent permitted by law, you assume full responsibility for any loss or damage that results from your use of the Site and Services. We won’t be liable to you or any other person in connection with the Services, this Site, your use of the Services or Site, or another Member’s acts or omissions, whether for negligence, breach of contract, breach of statutory duty or otherwise. We won’t be liable for anything that is outside of our reasonable control. We won’t be liable for any loss or damage, whether direct or indirect. For example, we won’t be liable for loss of profits, loss of business or anticipated savings, general or special damages, or consequential or incidental loss.
We’re not a party in any transactions between Members
As mentioned in clause 1.1 of these Terms, other than providing our Site as a venue, we don’t take any part in the sale or purchase of Items on our Site, nor are we involved with the provision of Member Services. All transactions and other contact between you and other Members are entirely at your risk.
That means that we aren’t liable or responsible for:
1. any Member Services that are offered or provided;
2. the safety, quality or legality of any Member Services that are listed on the Site, or the accuracy or truth of any Listings;
3. any guarantees or assurances that a Seller has made regarding a Member Service they have listed, including any materials provided and implied warranties.
4. Still Got Skills does not guarantee the qualifications or workmanship of the members, or any third parties. Likewise, Still Got Skills does not accept any liability for compliance to regulatory authorities of any work undertaken by members or third parties.
5. While care is taken in ensuring the accuracy of listings, we are not responsible in any way for any inaccuracy or deliberate or accidental information or actions provided on the part of listing members.
Plus it means that we give no guarantee or warranty:
1. that any Member Service listed on our Site will meet your requirements or expectations;
2. in relation to Services listed or sold on the Site; or
3. that any information posted on our Site, including feedback, is error-free or reliable.
We’re not responsible for Member conduct on our Site
We don’t control our Members nor do we pre-screen every Listing, feedback or other communication before it’s posted on our Site. Because of this, we take no responsibility for any misconduct of our Members. For example, we are not liable if:
1. a Member has registered under false pretences or has attempted to defraud you;
2. a Listing is inaccurate or untrue,
3. a buyer fails to complete a transaction
Other advertising on Still Got Skills
Responsibility for the content of advertisements appearing on our Site (including links to advertisers’ own websites) rests solely with the advertisers. The placement of these ads on our Site doesn’t mean that we endorse or recommend the product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
7.5 We have broad rights and remedies if our terms are breached
Without limiting any other rights and remedies available to Still Got Skills, we may limit your activities on the Site, remove your Listings or other content, warn other Members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our Services to you (and your affiliates), if you breach our Terms, or where we consider it appropriate.
If we don’t immediately take action on a breach of these Terms, that doesn’t mean we’re giving up any rights to do so and we can take action later.
7.6 You agree to hold us harmless in the event you cause us loss
You agree to indemnify us and hold us harmless against any claim made by yourself or any third party that is in any way related to: (a) your access to or use of our Service; (b) your failure to complete a transaction; (c) your sale or attempted sale of an Item prohibited under clause 4.2.3; (d) your breach of these Terms; or (e) any content or Item that you submit, post, transmit or make available through our Services. Your indemnity under this clause covers all losses, damages or expenses (including legal costs) that we may suffer or incur.
8. About our Terms
…
9. Specific Terms
9.1 The Terms cover our Services and include Specific Terms
These terms, our privacy policy and all terms and policies posted on our Site govern your use of our Services, and are the Terms that we offer our Services to you. Please read them carefully.
The Terms make up the entire agreement between us in relation to our Services and apply instead of any prior version of any of the Terms. Where there’s a conflict between these Terms and any Specific Terms, the Specific Terms will take priority to the extent of the conflict.
By browsing our Site, using our Services or registering as a Member of Still Got Skills you’re agreeing to these Terms. If you don’t accept our Terms, you must immediately stop using our Services or browsing our Site.
9.2 How to read our Terms
Headings are provided only to make these Terms easier to read and understand. The fact that we wrote these Terms won’t affect their interpretation.
We have provided examples in these Terms to help explain what we mean. Where we have provided examples, or where we say ‘includes’ or ‘including’, the examples given may not be all possible examples.
If it turns out that part of these Terms aren’t enforceable, then that part will be removed or edited as little as possible, and the rest of the Terms will continue to apply.
Some words used in these Terms have special meanings. We have set these out below:
Item(s) means goods, including materials that may be bought or sold through the process.
Listing means a listing on the Site through which you offer, negotiate, buy, sell or advertise any service or job.
Member means a registered member of Still Got Skills.
Member Service(s) means a trade or other service that has been advertised by a Member in the services category on our Site.
Services means any one or more of the services offered by Members via the Listing area, message board, advertising and any other service that Still Got Skills may offer.
Site means any Still Got Skills website or application through which the Services are offered.
Specific Terms means any other terms, conditions or policies which apply to your use of our Services and that are posted on our Site or otherwise communicated to or agreed with you in writing.
Terms mean these terms and conditions, our privacy policy and all terms and policies posted on our site.
We, us, our and Still Got Skills are a reference to Still Got Skills Limited.
You and your are a reference to you.
9.3 We can change our Terms on notice
We may update these Terms from time to time by a site announcement, or other notice. For significant changes we may notify you directly via email. Occasionally urgent changes may be required, but we’ll generally give you at least two weeks’ notice to give you an opportunity to review the changes before they go into effect. Once any updated Terms are in effect, you’ll be bound by them if you continue to use our Services. If you don’t agree to any updated Terms, you must stop using our Services.
We encourage you to view this page from time to time for the latest Terms.
If you still have questions? Get in touch with our Customer Support team, by phone or email and they’ll do their best to help you.
Have a question about these terms and conditions? Get in touch with us.