Usshh’s Terms and Conditions

Introduction

Welcome to the Usshh website and mobile application. Please read the following Terms and Conditions carefully before using the website and mobile application. Access to and use of the website and mobile application presupposes full agreement with the content of these Terms and Conditions, which may be changed at any time by publishing its new version on the website and mobile application.

By accessing or using, in any way, our website and mobile application, on any computer, tablet, smartphone, or any other device ("device"), whether online or offline, you hereby have read, understood and agree to be submitted to the Terms and Conditions and the applicable law, regardless of the realization of a registration as a user of the Usshh website and mobile application. This document is applicable, therefore, to all and any users of the platform, including casual visitors. In the event of amendment of the terms of use, the continuity of the use of the Usshh website and mobile application after the publication of their amendment shall imply the user's annuity with the modifications. If you do not agree with these Terms and Conditions, we request that you do not access or use the Usshh website and mobile application.

By using the Usshh website and mobile application, you acknowledge that you have agreed to be bound by these Terms and Conditions and our Privacy Policy.

Last Updated: October 23, 2018.

Restrictions on Conduct

In the course of your use of the platform, you will not:

Confidential Information

Individual users and employers on our website or mobile application may agree to any terms they deem appropriate with respect to confidentiality. If and to the extent that the individual users and employers do not articulate any different agreement, then they agree that this paragraph applies.

To the extent a User provides Confidential Information to the other, the recipient will protect the secrecy of the discloser’s Confidential Information with the same degree of care as it uses to protect its own Confidential Information, but in no event with less than due care. On a User’s written request, the party that received Confidential Information will promptly destroy or return the disclosing party’s Confidential Information and any copies thereof.

Disputes among Users

For disputes arising between individual users and employers, you acknowledge and agree that Usshh will not and is not obligated to provide any dispute assistance.

Employment Contracts

If an individual user and employer decide to enter into an Employment Contract, the Employment Contract is a contractual relationship directly between the individual user and employer. The individual user and employer have complete discretion both with regard to whether to enter into an Employment Contract with each other and with regard to the terms of any Employment Contract. You acknowledge, agree, and understand that Usshh is not a party to any Employment Contracts, that the formation of an Employment Contract between an individual user and employer will not, under any circumstance, create an employment or other service relationship between Usshh and any user of our website or app, or a partnership or joint venture between Usshh and any user.

User Content

You hereby acknowledge and agree that users publish on their behalf information on our website or app about the User. Such information is based solely on unverified data that individual users or employers voluntarily submit to Usshh and does not constitute and will not be construed as an introduction, endorsement, or recommendation by Usshh; Usshh provides such information solely for the convenience of Users.

Usshh does not generally investigate any User Content for accuracy or reliability and does not guarantee that User Content is accurate. You are solely responsible for your User Content, including the accuracy of any User Content, and are solely responsible for any legal action that may be instituted by other Users or third parties as a result of or in connection with your User Content if such User Content is legally actionable or defamatory. Usshh is not legally responsible for any User Content posted or made available on the Site by any Users or third parties, even if that information is defamatory or otherwise legally actionable. In order to protect the integrity of our website and app from abuse, Usshh reserves the right (but is under no obligation) to remove posted information that, in Usshh’s sole judgment, violates the Terms of Service or negatively affects our marketplace, or otherwise is inconsistent with the business interests of Usshh.

Relationship with Usshh

Usshh merely makes the website and application available to enable individual users and employers to find and transact directly with each other. Usshh does not introduce individual users to employers or find employees for employers. Through our website and application, individual users may be notified of employers that may be seeking the services they offer, and employers may be notified of individual users that may offer the services they seek; at all times, however, individual users and employers are responsible for evaluating and determining the suitability of any employment opportunity, employee, service provider, or employer on their own. If individual users and employers decide to enter into an Employment Contract, the Employment Contract is directly between the individual users and employers and Usshh is not a party to that Employment Contract.

You acknowledge, agree, and understand that Usshh is not a party to the relationship or any dealings between individual users and employers. Without limitation, individual users and employers are solely responsible for (a) ensuring the accuracy and legality of any User Content, (b) determining the suitability of other an individual user or employer for an Employment Contract (such as any interviews, vetting, or background checks), (c) negotiating, agreeing to, and executing any terms or conditions of Employment Contracts, (d) performing Employee duties, or (e) paying for Employee services. You further acknowledge, agree, and understand that you are solely responsible for assessing whether to enter into an Employment Contract with another user on our website or application and for verifying any information about another user.

Usshh makes no representations about and does not guarantee, and you agree not to hold Usshh responsible for, the quality or legality of employee’s services; the qualifications, background, or identities of users of our website or application; the ability of users to deliver employee’s services; or the ability of employers to pay for employee’s services.

Security of User’s Account

When you register for an Account with Usshh, you will be asked to choose a username and password for the Account. You are entirely responsible for safeguarding and maintaining the confidentiality of your username and password and agree not to share your username or password with any person who is not authorized to use your Account. You authorize Usshh to assume that any person using our website or application with your username and password, either is you or is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to the password for any Account. You further agree not to use the Account or log in with the username and password of another user of the Site if (a) you are not authorized to use either or (b) the use would violate these Terms and Conditions.

You are fully responsible and liable for any action of any User to whom you have provided any permissions and any other person who uses the Account. If any such user violates these Terms and Conditions, it may affect your ability to use our website and mobile application.

User Account Suspension and Termination

Usshh reserves the right to suspend or terminate your account and use of the Usshh website and mobile application at any time, without prior notice and for any reason.

Further, you agree that Usshh shall have no liability to you or any third-party for any termination of your access to the Usshh website and mobile application. Usshh reserves the right at any time and with any frequency to modify or discontinue, temporarily or permanently, the website and mobile application (or any part thereof) with or without prior notice. You agree that Usshh shall not be liable to you or any third-party for the malfunctions, suspensions and discontinuities of the services and features offered by the Usshh website and mobile application.

Identity Verification

When you register for an Account, your Account may be subject to verification, including, but not limited to, validation of legal documents that confirm your identity. You authorize Usshh to make any inquiries necessary to validate your identity and other information you provide to us, subject to applicable law. When requested, you must timely provide us with complete information.

Intellectual Property

All intellectual property of our website and mobile application is owned by us, which includes copyrighted materials, trademarks or patents. Unauthorized use of any marks or materials owned by us is considered a violation of our intellectual property rights.

Indemnification

You agree to hold harmless and indemnify Usshh from and against damages, costs, expenses, and losses including attorney fees that result from your use of the Usshh website or mobile application, your violation of these Terms and Conditions, or your violation of applicable laws.

Limitation of Liability

Usshh is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with, but not limited to your use of or your inability to use our website or mobile application.

In no event will Usshh be liable for any special, consequential, incidental, punitive, exemplary, or indirect costs or damages, including, but not limited to, litigation costs, installation and removal costs, or loss of data, production, profit, or business opportunities.

Warranty Disclaimer

You agree and understand that our website and mobile application may not always be available or work perfectly.

You agree not to rely on our website and mobile application, any information on our website and mobile application or the continuation of the website and mobile application. The website and mobile application are provided “as is” and on an “as available” basis. Usshh makes no representations or warranties with regard to the website and mobile application. To the maximum extent permitted by applicable law, Usshh disclaims all express and implied conditions, representations, and warranties including, but not limited to, the warranties of merchantability, accuracy, fitness for a particular purpose, title, and non-infringement.

You hereby release Usshh from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another user of our website or mobile platform, whether it be at law or in equity that exist as of the time you enter into this agreement.

Third-Party Software and Links

The Usshh website and mobile application may contain links to websites, applications or other products or services operated by other companies ("Third-Party Platforms"), whose eventual access will depend exclusively on its convenience and will be at your own risk. Usshh does not support, monitor or have any control over these Third-Party Platforms, which may have their own terms of use and privacy policies. Usshh is not responsible for the content or policies of Third-Party Platforms, nor for any damages that you may suffer as a result of your access.

Privacy Policy

We respect the privacy of individuals who visit our website and mobile platform, create accounts and use their content. For more information about collecting and using information in our website and mobile platform, visit our Privacy Policy, which is an integral part of these Terms and Conditions.

Choice of Law

These Terms and Conditions will be governed by and construed in accordance with the laws New Zealand, without regard to its conflict of law provisions.

Access of the Website or Platform outside New Zealand

Usshh makes no representations that our website and mobile application is appropriate or available for use outside New Zealand. Those who access or use the website and mobile application from other jurisdictions do so at their own risk and are entirely responsible for compliance with all applicable laws and regulations.

In order to access or use our website and mobile application, you must and hereby represent that you are not: (a) a citizen or resident of a geographic area in which access to or use of our website and mobile application is prohibited by applicable law, decree, regulation, treaty, or administrative act.

Change of Terms and Conditions

You agree that Usshh has the right to change these Terms and Conditions at any time, for any reason and without prior notice, as well as the right to terminate our website and mobile application or any of its contents. Continued use of our website and mobile application in response to any changes constitutes the agreement with the respective changes, insertions or modifications made to these Terms and Conditions. You will be bound to such modifications regardless of notification in this regard.

Contact Us

If you would like to ask any question about these terms, feel free to contact us at questions@usshh.com.