The Wan Terms of Service

  1. Overview and Definitions
    Overview

    1. The Workforce Accommodation Network is operated by Blackyard Consulting Limited
      (“The WAN”, “we”, “us”, “our”).
    2. The WAN is a web-based community accommodation marketplace connecting seasonal workers with affordable, safe and secure accommodation options. Once seasonal and temporary workers (“Workers”, “Roomers”) secure work with local businesses (“Business”) they are invited by the Business to The WAN platform to connect with
      accommodation providers (“Accommodators”).
    3. Workers and Accommodators are then provided with matches based on their requirements and preferences and are invited to connect with one another to arrange
      short-term seasonal accommodation while working throughout the region (“The WAN Services”).
    4. At the discretion of the Business, a Business may choose to match with Accommodators in providing their Workers with seasonal or fixed term accommodation.
    5. Upon matching, Businesses or Workers can book an accommodation service(s) with an Accommodator (“Accommodator Services”).

    Definitions

    1. “Members” means a Business and their representatives, Workers and Accommodators or otherwise referred to as ‘you’.
    2. “Platform” means either The Platform or any technology created by us that allows the Members to access and use The WAN Services.
    3. “Property” means any property, dwelling, rooms, or room listed by the Accommodator available for either a Business or Worker to book.
    4. “Personal Information” means any information provided by the Members when registering, accessing and using the Platform and communicating with any other Members.
    5. ‘Terms of Service’ means these terms of service available on the Platform.
  2. Acceptance of Terms of Service
    1. Please read these Terms of Service carefully: by registering, accessing and using the Platform and The WAN Services you agree to these Terms of Service. If you do not accept these Terms of Service, you must immediately refrain from using the Platform.
  3. Changes to Terms of Service
    1. The WAN operates in a changing business, technological and regulatory environment, we may amend these Terms of Service from time to time. Unless otherwise stated,
      amendments will be effective immediately when we post them on our website. You are responsible for ensuring you are familiar with the latest terms of service. Your continued use of the Platform, represents your agreement to be bound by the latest terms of service as amended.
  4. Your use of The WAN
    1. You may only use the Platform and The WAN Services if you can form a legally binding contract that is enforceable against you. You must be at least 18 years old.
    2. You are required and agree to provide correct, complete and current Personal Information when registering, accessing and using the Platform and using The WAN
      Services. You are also required to keep your Personal Information current and accurate while using the Platform and The WAN Services.
    3. We may allow you to register an account by using a third-party account to provide us with your Personal Information. Further terms may apply if you register using a third-party account. You agree to keep your Personal Information up-to-date and accurate.
    4. You agree to keep your username, password or any other security related information as confidential (“your Login Information”). You agree not to provide your Login Information to any other person, entity or Member. You agree to notify The WAN immediately of any unauthorized access to or use of your Login Information or any other breach of security.
    5. You acknowledge that The WAN will send you regular electronic correspondence, notifications or emails relating to The WAN and any other activities related to The WAN, other Members or in limited instances our third-party partners and suppliers. Correspondence will comply with the Unsolicited Electronic Messages Act 2007 and you can opt out of receiving them at any time by clicking the unsubscribe link provided. You acknowledge that opting out may affect your ability to communicate with other Members, use The WAN Services and Accommodator Services.
    6. We reserve the right at our discretion to cease or decline to provide you with any or all of the services we offer or access to The WAN at any time without entering further
      discussions with you. Any such refusal or termination shall not affect any right or remedy to which The WAN may be entitled.
    7. You agree that we use and store your Personal Information in accordance with our Privacy Policy.
    8. You agree not to publish, list or include any material subject to copyright or other intellectual property not owned by you. As a Business, you acknowledge that you have the expressed consent of the Worker/Roomer to share their personal information including their name and email address, to allow The WAN to send an invite.
  5. The WAN Services
    1. The WAN by the use of the Platform provides Members with The WAN Services.
    2. The WAN will charge the Member’s fees for the use of The WAN Services in accordance
      with our fees published on The Platform or in these Terms and Conditions (“Fees”) Our Fees may be varied from time to time.
    3. The WAN is not responsible for collection or payment of any payment, bond, security, rent, fee or otherwise between the Members.
    4. Transactions and all other contact between you and any other Member are conducted entirely at your own risk. Without limiting any other clause of these Terms of Service, you acknowledge that The WAN takes no responsibility or liability for any misconduct of any Member including, without limitation, misrepresentation of the Property or the Business or Worker requirements and fraudulent behaviour.
    5. The WAN gives no undertakings, representations, or warranties in relation to the accuracy of information on the Platform.
    6. You must only offer and accept Accommodator Services and/or Business/Worker bookings that you intend to make available, use and pay for. You must not use The WAN to make speculative, false or fraudulent listings or bookings.
    7. The WAN reserves the right to amend or remove information published on or through Platform if The WAN considers it incorrect or misleading, or if The WAN considers your action towards the WAN or any other Member as inappropriate.
    8. We do not endorse any Member or the Property list by an Accommodator, and we have no control over the suitability, description, quality or price of anything anyone advertises on the Platform.
    9. You must not use the Platform for any other purpose other than listing Properties and connecting and matching with other Members for the purpose of arranging short-term or seasonal accommodation.
  6. Accommodator Service/s
    1. As an Accommodator you agree:
      1. To provide accurate details about your Property at the time it will be available to either a Business or a Worker and for the duration of the booking.
      2. To make the Property available as an Accommodator Service for a Business or Worker to book.
      3. To respond and communicate with any other Member making a booking enquiry in a reasonable timeframe.
      4. Upon the successful matching and booking by another Member, you agree to communicate with The WAN and update your Property listing on the Platform.
      5. To pay The WAN any the accommodator fees published on the Platform in accordance with our payment terms.
    2. As an Accommodator:
      1. you will only list a Property if you are authorised to do so. If you are either an owner or a tenant of the Property, you must ensure that all other co-owners or
        tenants, or landlords agree to you permitting access to the Property and offering of the Accommodator Service.
      2. By listing list Property on the Platform, you confirm that you are legally entitled to list the Property and have the consent of any other party that may have an
        interest in the Property.
      3. You acknowledge and confirm that the Property is insured to provide the Accommodator Services to any other Member.
    3. An Accommodator:
      1. You may charge a Business and Worker a fee for booking the Accommodator
        Services (“Accommodator Fee”), which must specify whether it includes or excludes the provision of facilities such as power, phone, wifi etc;
      2. You must list your Accommodator Fee in New Zealand dollars per week and include GST in the price (if any).
      3. You acknowledge that your tax obligations are your responsibility.
      4. You are required to provide specific rules, restrictions and requirements for the Business and/or the Worker in relation to the use and fee payment of the
        property (“Accommodator Rules”).
  7. Accommodator Compliance
    1. As an Accommodator you acknowledge you are legally required to abide by and are compliant with all: local council, territorial authority and New Zealand Government rules, bi-laws, district plans, regulations, legislation and laws in relation to the provision of the Property as an Accommodator Service, rental, homestay or otherwise deemed applicable at the time of and for the duration of any booking.
  8. Member Booking/s
    1. A Business and/or Worker may book an Accommodator Service by directly communicating with an Accommodator.
    2. Upon booking an Accommodator Service, you agree to pay the Accommodator the Accommodator Fees arranged between you and the Accommodator on the frequency
      and for the duration of the booking.
    3. As a Member booking a Property provided by an Accommodator, you agree to be bound by the Accommodator Rules.
  9. Member conduct
    1. All Members agree:
      1. to conduct themselves professionally, respectfully and in accordance with the laws of New Zealand;
      2. that any behaviour that is inappropriate, dangerous, illegal, distributive or  threatening or in breach of the Accommodator Rules will not be tolerated any
        may result in the suspension of the Member’s account with the WAN or cancellation or termination of any booking with an Accommodator;
      3. that you will not and will not assist or enable others to discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender
        identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or
        disruptive behaviour; and
      4. you will not and will not assist or enable others to violate or infringe any other Members rights or otherwise cause harm to anyone. (together referred to as “Member Conduct”)
    2. If you as a Member breach Member Conduct:
      1. The WAN may immediately and indefinitely suspend your account; and
      2. An Accommodator reserves the right to cancellation or terminate your booking immediately or otherwise in accordance with New Zealand law. Where an
        Accommodator is legally permitted to immediately terminate or cancel your booking, the Member has 24 hours to clean and vacate the Property. Any personal
        belongings in possession or owned by the Member left on site after the 24 hours will be treated as abandoned, and donated to a charitable entity;
    3. If as a Member you feel or experience behaviour of any of Member or director, employee, agent, associate, family member, guest or flatmate of that Member whether in connection with The WAN, the Platform, on the website or in person, that is acting or has acted inappropriately or in breach of Member Conduct: or engages in offensive, violent or sexually inappropriate behaviour;
      1. engages in any other disturbing conduct;
      2. engages in any illegal conduct or may be in contravention of any New Zealand law(together referred to as “Inappropriate Conduct”);you agree that you will immediately report any Inappropriate Conduct by another Member or director, employee, agent, associate, family member, guest or flatmate of that Member to the appropriate authority (including the Police or local council) and to The WAN
        (“Complaint”).Upon notifying The WAN of a Complaint you will provide a record of the Complaint to The WAN. You agree that any Complaint made by you does not obligate The WAN to take any action other than required by the laws of New Zealand.
  10. Specific Warnings
    1. Your use of the Platform and any third-party system or process is at your sole risk.
    2. The Platform is provided on an “as is” and “as available” basis.
    3. The WAN does not give any warranties of any kind, whether express or implied, in relation to The WAN, the Platform, the Member details, Accommodator Services listed on the Platform, or your use of The Platform and/or service, including (without limitation) the availability, accuracy or completeness of The WAN Services and the information on it, or the quality or suitability of any Accommodator Service, Property, product or service featured or made available by us.
    4. The WAN may modify or discontinue The WAN Services or the Platform without notice to
      you.
  11. Reviews and Correspondence
    1. The reviews and correspondence you provide on the Platform about another Member or Properties must not contain offensive, defamatory, unlawful, misleading, deceptive or inappropriate language.
    2. The WAN is not responsible for any of the opinions expressed in the review facility. By posting a review you agree to take full legal responsibility and liability for your
      statements and to indemnify The WAN from all liability, loss, damages, costs or expenses suffered by The WAN in connection with your review.
    3. You may only give feedback related to a specific Accommodator Services or Member booking that was matched through the Platform.
    4. You must not include any personal information in any review and correspondence including but not limited to names, addresses, phone numbers and email addresses.
    5. The WAN reserves the right to remove any reviews or correspondence that it considers inappropriate or in breach of these Terms of Service.
    6. Reviews and correspondence submitted to The WAN are provided for the sole purpose of facilitating the operation of the Platform and our services. You must not market or export
      any reviews on the Platform to any other app, website or location.
    7. Any correspondence you send to another Member must not contain offensive, defamatory, unlawful, misleading, deceptive or inappropriate language. You agree that if
      you use the messaging function or otherwise use the contact details of another MemberTerms of Services version 25 September 2020. © Blackyard Consulting Limited obtained in connection with using the Platform, that your correspondence with the other
      Member will relate to a listing or booking on The WAN.
    8. You agree to take full legal responsibility and liability for your correspondence and to indemnify The WAN from all liability, loss, damages, costs or expenses suffered by The
      WAN in connection with your correspondence.
  12. Changes, cancellations and refunds for online bookings
    1. Cancellation policies are specific to each Accommodator and may be viewed through on the Accommodator’s Property listing.
    2. A non-refundable matching fee may apply to any cancellations regardless of the Accommodator’s cancellation policy, please refer to our Fees page for specific details.
    3. Business and Workers should contact the Accommodator directly to discuss any desired cancellations, changes or refunds. Additional charges, or a refund, may apply depending
      on the nature of the booking amendment.
  13. Exclusion and Limitation of Liability
    1. To the maximum extent permitted by law, The WAN disclaims any and all liability to you, any Member, Accommodator or Business and Worker, under any circumstances (including, but not limited to, negligence), for any direct or indirect loss or damage (including, but not limited to, general, consequential, special or incidental loss or damages, loss of profits, loss of savings, loss of opportunity, or personal injury and damage to the property associated with the provision of a Accommodator Service or a Business and Worker booking) suffered by you, or anyone else, arising from the direct or indirect use of The WAN, the Platform and/or any services provided by The WAN or from the use of, or inability to use, any property, product or service booked or paid for using The WAN, the Platform, website and/or services, even if The WAN has been advised of the possibility of such loss or damages. If, notwithstanding these Terms of Service, The WAN is held to be liable then you agree that The WAN’s total liability to you and those claiming through you under any and all causes of action, whether in contract, tort or otherwise, shall not exceed the amount actually paid by you to The WAN for your use of The WAN and/or services.
      1. Your interaction with any Member; and
      2. Your breach of any law, regulations, district rules, Member or third-party rights.
  14. Indemnification
    1. To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless The WAN and Businesses who use The WAN Services, their officers, shareholders, directors, employees and agents against any claims, liabilities, causes of actions, demands, recoveries, losses, damages, fines, penalties including reasonable legal fees and accounting fees or other costs or expenses of any kind or nature, brought or occasioned by third parties, other Members alleging, arising out of, or in connection with:
      1. Any material or content you provide in connection with The WAN, the Platform,
        website or in relation to The WAN Services;
      2. Your use of The WAN, the Platform, website or in relation to The WAN Services;
      3. Any breach by you of these Terms of Services, Member Conduct or The WAN Privacy Policy;
      4. Your use of any Accommodator Services or the Property; and
      5. Your use, sharing or access to any Personal Information either supplied or acquired
        by you in connection with any Member.