Sussit is a Covid19 Essential Service !!
KTTV / Sussit Terms and Conditions:
1. ACCEPTANCE OF TERMS AND CONDITIONS
a. KTTV NZ Limited (“KTTV”) is the company operating the product and Services solution called “Sussit”. The terminologies KTTV and Sussit may be used interchangeably throughout these Terms and Conditions to describe either the company or the Services.
b. These Terms and Conditions are the terms on which KTTV offers you access to, and use of, the Services, Website, technologies, applications, and Platforms (“Platform”). By registering as a user and using any of the Platforms you accept these Terms and Conditions and confirm that you understand them. If you do not accept these Terms and Conditions, you must refrain from accessing or using any of the Platforms.
c. On your becoming a user on a Platform, a legally binding Agreement is formed between you and Sussit based on these Terms and Conditions, and that Agreement governs your use of any of the Sussit Platforms, services, apps. This Agreement incorporates all Terms and Conditions and policies deemed to form part of the Agreement and your relationship with KTTV/Sussit.
d. Any reference to the singular also means a reference to the plural, and vice versa.
e. These Terms and Conditions should be read and accepted in conjunction with the Frequently Asked Questions (FAQs) at https://sussit.co/faqs, and visa versa.
2. AMENDMENT OF TERMS AND CONDITIONS
a. We may amend these Terms and Conditions from time to time. Unless otherwise stated, amendments will be effective immediately upon posting of the amended Terms and Conditions. You are responsible for ensuring you are familiar with the latest Terms and Conditions. Your continued use of the any of the Sussit Platforms represents your acceptance of the Terms and Conditions as amended.
3. ADDITIONAL TERMS AND CONDITIONS AND POLICIES
4. These Terms and Conditions were last updated 04 May 2020.
a. In these Terms and Conditions, the following expressions have the meanings as set out below:
· “Item” means goods, products or personal property and assets that may be bought, sold or delivered through the Sussit Website and platform;
· “User” means a registered user of Sussit i.e. “Customer” or “Seller” or “Buyer” or “Driver” or “Store/Business”;
· “Services” means any one or more of the Services offered by KTTV or KTTV’s wholly or majority owned subsidiaries, from time to time, including, but not limited to, online trade, SMS alerts, email alerts and any other service that KTTV/Sussit may offer;
· “we”, “us” and “our” are a reference to KTTV;
· “you” and “your” are a reference to you;
· “Website” means any KTTV or Sussit website through which the Services are offered. In addition it includes any other method of accessing the Platforms over the Internet, even if accessed through another method that does not utilise the WorldWideWeb;
· “Application” means any KTTV or Sussit software application through which the Services are offered and a Platform may be accessed;
· “Listing” means a listing on the Website or Applications through which you offer, buy, sell, advertise or deliver any item;
· “Advertiser” means any User who places a listing on the Services;
· “Platform” means the Customer Platform, Seller Platform, and Driver Platform, depending on the situation;
· “Seller” means any person placing a listing or requesting the delivery of an item they provide on the Website or Applications. Can also be referred to as “Store or Business”;
· “Buyer” means any person who purchases and order, and/or requests the delivery of an item they seek through the Website or Applications. Can also be referred to as Customer;
· “Driver” means any person who provides a driving and delivery service for delivery of goods (that may be purchased via the Sussit platform or may be separate goods to be delivered but not purchased on the Sussit platform).
· “Store” means any business who provides goods or services for sale via the Sussit application/s, or who uses the ‘Store’ application and web functionality to operate their business services that are available on the Sussit platform. May also be referred to as “Business”.
· “Working day” means any day in Auckland New Zealand that is not a Saturday, Sunday, Public Holiday.
a. You expressly understand and agree that:
· your use of the Services is at your sole risk. The Website, Applications and Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law and without limiting this clause, KTTV disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;
· KTTV does not warrant that:
· the Services provided will be uninterrupted, timely, secure, or error free, or
· that any information (including feedback) provided on the Website and Applications is error-free or reliable;
· no advice or information that is obtained by you from KTTV or anyone else shall create any warranty by KTTV that is not expressly stated in the Terms and Conditions; and
· responsibility for the content appearing on the Website and Applications rests solely with the Advertisers, Sellers, Businesses or Stores. The placement of such Listings on the Website does not constitute KTTV’s recommendation or endorsement of the advertised product or service, its suitability, or its quality. Each Advertiser is solely responsible for any representation made in connection with its Listing.
· while KTTV may facilitate payment for items by credit card, KTTV is in no way involved in the transaction itself, and responsibility for any refund to the buyer or customer, and responsibility for any returned transaction or chargeback, rests with the seller, business or store.
· while KTTV has systems in place to reduce the risk of credit card fraud, KTTV is not responsible for protecting users from credit card fraud.
GENERAL CONDITIONS OF USE
7. THE SERVICES
a. KTTV provides a venue to introduce Users who want to buy and sell items, have items delivered, or businesses that want to enhance the supply of goods between each other and / or their employees and branches. KTTV does not take any part in the sale or delivery of items other than providing our Website and Applications as a venue for Users to access the Platforms. If an item is traded, a contract of sale will be formed between the Buyer and the Seller directly. If a third party Driver is involved, then a contract directly exists between the Buyer or the Seller and the Driver. We do not act as agent for either party and do not participate in any sale or transaction between you and other Users , including the use of the payment gateway service.
b. When you use our Services for the delivery of items, a contract for the pick-up and delivery of the item(s) will be formed between the Customer and the Driver. We do not act as an agent for you or the Driver. You agree that we may provide information about you to the Driver to enable the Driver to successfully conduct pick-up and delivery of items.
c. You acknowledge and agree that our involvement is merely that of facilitating a connection between the parties, and that we do not form any part of any contract of sale or contract of delivery.
a. In agreeing to the these terms and conditions this becomes a contract for carriage at owner’s risk, under which the carrier shall not be liable for the loss of or damage to any goods, except where the loss or damage is intentionally caused by the carrier.
b. Transactions and all other contact between you and other Users are conducted entirely at your own risk. You agree that KTTV takes no responsibility or liability for any misconduct of any of the Users using the platform including, without limitation, Users that have registered under false pretences or who attempt to defraud you. KTTV gives no undertakings, representations, or warranties in relation to items sold, listed or delivered through the Website and Applications, including:
· ownership of any item;
· the content, safety, description, worthiness, quality, or legality of the items;
· the accuracy or truth of Listings;
· that any item will meet your requirements or expectations; or
· the ability of Users to complete a transaction, including credit card transactions and Item deliveries.
9. LIMITATION OF LIABILITY
a. You agree that, to the maximum extent permitted by law, any and all liability and responsibility of KTTV to you or any other person under or in connection with these Terms and Conditions, or in connection with the Services, the Website, the Applications, another Users acts or omissions, or your use of or inability to use, the Services or the Website and the Applications, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. KTTV’s liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
b. We provide the Services, Website and Applications, to allow you to interact with other Users , but we are not responsible for any consequence that may occur relating to your interactions with other Users , either online or in person. You release us from all liability relating to your interaction with other users of KTTV.
a. You agree to release, indemnify and keep KTTV (and our KTTV employees) indemnified from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us arising out of or in connection with your failure to comply with these Terms and Conditions, your failure to complete a transaction, your sale or attempted sale of a prohibited item, your failure to comply with industry standards, your failure to comply with legislation, your failure to comply with our terms when selling or attempting to sell restricted items, or any issue arising out of any content or item you submit, deliver, list, or make available through the Services.
a. Without limiting any other rights and remedies available to KTTV, KTTV may limit your activities on the Website and Applications, remove your Listings or other content, warn other Users of your actions, issue a warning to you, suspend or terminate your usership, or refuse to provide our Services to you if you breach these Terms and Conditions or if KTTV considers it appropriate.
b. You agree that KTTV’s decision on any such decision made under clause 11a is final and is at the sole discretion of KTTV. KTTV are not required to provide you with any reason as to why such action was taken.
1. BECOMING A USER
a. You may only register as a User if you are resident in New Zealand and can form a legally binding contract that is enforceable against you. You must be at least 18 years old. By registering as a User, you warrant that you can form a legally binding contract.
2. ACCURACY OF INFORMATION
a. You warrant that you have provided complete, accurate, and current personal or business information when registering as a User. You must maintain and update your personal information held by KTTV to ensure it is kept current at all times. KTTV may contact you to verify these details. You must not register as a User under multiple identities or personas (whether false or not) unless doing so is with the express written permission of KTTV and for the purposes of using KTTV for separate business of which you are an owner, partner or shareholder.
3. SECURING YOUR LOGIN INFORMATION
a. You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:
· not to permit any other person to use your user name or usership; and
· not to disclose, or provide to any other person, your password, email address, date of birth or any other information in connection with your usership that may allow them to gain access to your usership account.
4. COMMUNICATIONS: EMAILS, NEWSLETTERS, MESSAGES AND NOTIFICATIONS
a. KTTV may send you emails, SMS messages and push notifications relating to your usership, transactions and other activities on the Website and Applications, and for promoting and marketing other KTTV products and Services to you. KTTV may also send regular electronic newsletters to Users. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.
b. Such notifications are necessary for KTTV to provide the Services. While KTTV will comply with the New Zealand Unsolicited Electronic Messages Act 2007, any messages that must be sent to facilitate a transaction of which you are a party will be sent, even if you have unsubscribed from communications, as these are not considered as a commercial electronic message as per s6(b)(ii) and s6(b)(iv) of the Act.
c. Sussit apps will request access to GPS to determine the location of pickup and delivery points and to track the location of driver. Sussit apps will also request access to the phones camera and images on the phone for establishment of the profile ID, package details, store goods and items, and any other purposes related to app functions that enable and image to be uploaded.
5. TERMINATION OF USERSHIP
a. KTTV reserves the right to decline to register, or to terminate your Usership without entering into further discussions with you. Without limiting the foregoing, KTTV may terminate your Usership if:
· a serious complaint or multiple complaints are received about you from other Users,
· if you breach any of our Terms and Conditions or policies,
· if you impersonate another User, or
· if we, at our sole discretion, deem your behaviour to be unacceptable.
b. Users who have registered under multiple aliases may have some or all of their aliases disabled at the sole discretion of KTTV.
c. When limiting your activities on the Website and Applications, KTTV may consider offsite conduct such as prior criminal convictions, insolvency, or any other conduct that puts our community, goodwill or systems at risk. In the event of termination, you also agree that you will not open or attempt to open any new KTTV Userships.
d. Any User may at any time close their KTTV Usership. If you close your Usership, or if it is terminated by KTTV, your ability to use the KTTV Website and Applications will end. If you decide to terminate your KTTV account, you are to ensure that before you close your Usership:
· you do not have outstanding items listed,
· you have resolved any and all outstanding matters including, but not limited, to incomplete transactions, deliveries, customer issues and refunds.
· All delivery transactions have been completed prior to terminating your Usership.
e. Any returned transactions will be reversed to even after your Usership is terminated, and you consent to taking responsibility and payment for any incomplete transactions or costs related to processing those transactions.
6. CODE OF CONDUCT FOR USERS
a. All Listings, transactions, communications and dealings made through KTTV shall be made in good faith.
b. You shall ensure that all activities conducted on KTTV are legal and in accordance with the laws, bylaws and regulations that govern such activities including any laws, regulations or licencing requirements that apply to the sale of goods and the protection of rights, property, intellectual property and safety. You also agree to comply with the KTTV Terms and Conditions and Policies.
c. You must not damage, interfere with, or harm the Website, Applications or Services, any network, or underlying system connected to such, or attempt to do so.
d. You may not use a robot, spider, scraper or other unauthorised automated means to access the Website, Applications or information featured on it for any purpose.
e. You shall not list your email address, phone number or any other contact details or personal information within the description of Listings, Listing comments and/or questions, or in your transaction feedback, and must not attempt to complete a transaction outside of the KTTV process or otherwise seek to avoid KTTV’s / Sussit fees.
f. You must not use the Services, the Website, or Applications to promote Items for sale outside of the Services, the Website or Applications, and you must not list items or services for sale at a price that is below the retail value.
g. You must not engage in or promote retaliatory behaviour or spam other Users.
h. You are responsible for any actions taken through your Usership. KTTV Userships are not transferable and therefore cannot be sold, leased, lent or traded.
i. When you give feedback about a transaction, you shall give feedback related to only that transaction and your feedback must not contain offensive, defamatory, retaliatory or inappropriate language or content.
j. You shall not deceive, mislead or attempt to deceive or mislead other Users or KTTV.
a. KTTV charges fees for the successful sale of Items, for the delivery of Items and for the provision of Services through the Platforms, Website and Applications.
b. Any User may be charged any of the following fees for using the Sussit Services:
· set up fees,
· post set-up editing fees,
· monthly fees,
· Services fees,
· success fee on all items (your business or store has) sold.
· API fees, i.e. integration fees and use of fees.
· any other fee that may be introduced in the future.
c. The fees charged will be notified to you, and if the fees are changed notification in advance of the change will be provided to you. These fees will be notified to you either on the Sussit website or via other communication methods mentioned in these overall Terms and Conditions.
d. KTTV may, at our discretion, offer a discount on the normal success fees listed. In this case, the specific Terms and Conditions related to the agreement between KTTV and the User may apply in addition to the Terms and Conditions stated herein or as otherwise stated in the agreement between KTTV and the User.
e. KTTV may (at our sole discretion) refund a fee charged i.e. on a sold items if the sale is not successfully completed, provided that a User follows our defined refund process. Cash refunds will not be issued.
f. KTTV reserves the right to change the fees charged for any of our Services at any time. In the event that we introduce a new or modify and existing Service, the fees for that Service are effective at the launch of the Service or the launch of the modification to the fee for that service, unless otherwise stated.
g. For the sake of clarity, any fee charged to the Seller will be the fee that was in place when the Listing was purchased, any fee charged to the Buyer will be when the Item is purchased, and any fee charged to the Driver will be the fee payable when the delivery is arranged or delivered.
h. All fees are inclusive of GST and in New Zealand dollars unless otherwise stated. Unless otherwise stated in these Terms and Conditions, no interest or other financial charges will be applied.
i. KTTV reserves the right to investigate queries regarding the refund of fees with other Users and any other relevant party.
j. Further details about fees as they are applicable to each User, Buyer, Seller, Store/business and Driver, are detailed in the appropriate section, and are provided on the Website, Application, or separate notification.
8. PACKAGING GUIDELINES
a. Whilst strict packaging requirements, other than those required for Hazardous and Dangerous Goods, are not generally enforced, Drivers reserve the right not to accept improperly packaged items where the risk of loss, leakage, breakage, damage to the item, or damage to the Driver’s vehicle is as determined by the Driver to be a risk, as a result of such improper packaging.
b. To avoid potential issues that may arise as a result of improper packaged items, the following guidelines apply:
· The sending Users of the package, are responsible to ensure that items are well packaged and that the packaging is fit for purpose.
· When packaging items, Users should consider that Drivers use their private vehicles to provide Delivery Services and that improper packaged items could potentially cause damage, stains or other harm to the Driver’s vehicle.
c. Always use common sense and wrap items well.
· Ensure items are packaged to withstand handling and transportation.
· Ensure to account for the fact that items could potentially be dropped.
· Pay attention to cushioning of corners and consider whether the item would be best protected by the use of an inside and outside container.
· Always take extra precautions for fragile, perishable and valuable items.
d. Any disputes relating to packaging of items will be resolved directly between the sender, the receiver and the Driver as appropriate. KTTV takes no responsibility for packaging or delivery of items.
9. HAZARDOUS AND DANGEROUS GOODS
a. Any item deemed to be hazardous or dangerous goods, must be marked as such.
b. Packaging requirements for Hazardous Substances are available in the Hazardous Substances (Packaging) Notice 2017 (or any later released version) as issued by the Environmental Protection Authority. The Notice can be found at https://gazette.govt.nz/notice/id/2017-au5713. Users are to note that where Hazardous Substances are also classed as Dangerous Goods, additional packaging requirements for such goods as per the Land Transport Rule Dangerous Goods 2005 (or any later released version) apply. Packaging requirements for Dangerous Goods are listed under Section 3 of the Land Transport Rule Dangerous Goods 2005.
c. Users who request delivery of Hazardous or Dangerous Goods are responsible to ensure that such items are packaged in accordance with the requirements as indicated above, and are clearly marked as Hazardous and Dangerous Goods. The goods must be advised to be Hazardous and Dangerous Goods as part of the Delivery Request provided to the Driver; the Driver may choose to decline pick-up of the goods if they are Hazardous and Dangerous Goods and notification was not clearly provided in advance before the Driver agreed to the delivery.
10. RESTRICTED ITEMS LIST
a. Any item deemed to be restricted item, must be marked as such.
b. Any restriction to the sale of an Item also applies to the Listing of an Item, whether that Item is sold or not. By Listing such an Item you are agreeing that the Item, should it be sold, complies with the requirements of these Terms and Conditions.
c. The following is a list of Restricted Items that may be listed, sold or delivered using Sussit, subject to the Seller’s or Driver’s compliance with the relevant laws, regulations, standards and these Terms and Conditions as they apply to such items and the sale of such items:
· Alcohol – Only sellers who are licensed and in compliance with the Sale of Liquor Act 1989 may sell alcohol on Sussit.
· Adult items – Listings for adult novelty and erotic clothing as well as adult rated items (videos, magazines, DVDs, video games etc) may not contain explicit language or images.
· Airguns (BB and paintball guns).
· Animal traps – You may only sell animal traps that are not hard-jawed leg-hold traps.
· Food – All food sold on the Platforms must be produced at registered premises or under an approved food safety programme or registered risk management programme. Food must also comply with food labelling standards and requirements and the Seller must provide details of their current food standards certificate.
· Items that require or are subject to certification standards, approved standards, safety standards & requirements, labelling & packaging regulations, warranties of fitness, licensing or other compliance requirements including but not limited to:
o Agricultural compounds
o Baby walkers
o Bike helmets
o Child restraints
o Children’s nightwear
o Children’s toys
o Cigarette lighters
o Electrical items and appliances
o Hang gliders and paragliders
o Hazardous substances
o Pedal bicycles
o Radio transmitters or transceivers
o Medicines & Supplements
o Tobacco and Tobacco Products
o Lottery Tickets
o Made to order items
o Spray paint cans
o Veterinary medicines
· Medical devices – With the exception of first aid kits, all medical device Listings must clearly state: "Consult a medical professional first and follow the instructions."
· Movies and video games – Classifiable movies and video games may only be listed for sale if they carry the correct New Zealand classification sticker and the classification rating, and all classification label information is included in the Item listing.
· Original Equipment Manufacturer (OEM) software – You may only sell Original Equipment Manufacturer (OEM) software on Sussit if it is sold with a computer.
· Pets and animals – Endangered species, protected wildlife, sports fish, game, unwanted animals, snails, whales, sharks, dolphins, seals, sea lions, indigenous birds or any parts thereof may not be sold on Sussit.
· Plants – Plants that are listed on The National Pest Plant Accord may not be sold on Sussit.
· Protected New Zealand objects – Any items included under the Protected Objects Act 1975 may only be sold on Sussit to registered collectors, public museums and licensed dealers.
11. PROHIBITED ITEMS LIST
a. The following is a list of Prohibited Items that are not allowed to be sold on Sussit:
· Businesses for sale
· Carbon credits
· CCTV footage
· Copied, pirated or backed up software
· Copyrighted items (including replicas) and any items that may infringe on intellectual property rights.
· Courier tickets
· Digital currencies
· Digital goods including eBooks and downloadable media
· Firearms and ammunition
· Fireworks and explosives
· Frequent flyer miles
· Human bodies or body parts
· Items and appliances that use foreign plugs
· Menacing dogs including, but not limited to, the following breeds, and includes any cross breeds that contain any of the following: American Put Bull Terriers, Japanese Tosa, Dogos Argentios, Brazilian Fila and Presa Canario.
· Offensive, racist, defamatory or discriminatory materials and paraphernalia, memorabilia or any such items that promote, encourage or incite hatred, violence, extremism, racism, discrimination or illegal activities.
· Offensive weapons as prohibited by New Zealand Law including butterfly knives, flick knives, knuckle dusters and ninja stars.
· Real Estate
· Recreational drugs
· Software that interfaces with the Sussit Website and Applications
· Uniforms and accessories for New Zealand emergency Services including but not limited to law enforcement, fire & rescue, emergency medical response and military Services.
· Wholesale lists
· Any other item that is prohibited for sale under New Zealand law.
12. MARKETING AND ADVERTISING
a. You acknowledge and agree that for the mutual benefit of you and KTTV, we may seek to generate additional demand for any Services from new and existing Users through marketing and advertising. You acknowledge and agree that such marketing and advertising does not entitle you to any additional fees or monetary amounts beyond the amounts or fees expressly set forth in this Agreement.
13. PROMOTIONS & REFERRALS
a. KTTV may, at our discretion, offer Users and prospective Users promotions or other promotional coupons. However, such promotions or coupons shall not impact the percentage of your Fee to be paid nor the payment of Delivery Fees to a Driver. However, if the promotion or referral program is initiated by a Store, Seller or business, then that Store, Seller or business shall be responsible for the cost of that promotion or referral.
b. KTTV may at our sole discretion, make available promotions with different features to any Users or prospective Users. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with KTTV.
c. KTTV may, from time to time offer you incentives to refer your friends and family (“Referral Program”) to become Users through the Sussit Platform. KTTV reserves the right to determine and set the rules, eligibility and reward criteria for each Referral Program we may offer.
14. PAYMENTS VIA GATEWAY
a. KTTV facilitates payment processing on the Sussit Platform through integration with a payment gateway provider who provides such payment processing Services. Payment processing Services on the sussit Platform are provided by Stripe and are subject to the terms of the Stripe Connected Account Agreement (https://stripe.com/nz/connect-account/legal) which also includes the Stripe Services Agreement (https://stripe.com/nz/legal).
b. By using the Sussit Platform to receive payments you agree to be bound by the Stripe Connected Account Agreement and the Stripe Services Agreement as may be modified and amended from time to time. As a condition of enabling the use of payment processing through Stripe on the sussit Platform, you authorize KTTV to obtain all the required access and perform all the required activity on your Stripe Connected Account to facilitate your provision of Services in accordance with this Agreement. You agree you will not close or transfer your Stripe account from its connection to the KTTV Stripe platform.
c. You also agree to provide accurate and complete information about you and your business and authorise KTTV to share such information and transaction information with Stripe for the purposes of facilitating the payment processing Services as provided by Stripe. KTTV reserves the right to change the payment processing provider at our sole discretion. If KTTV does change the payment processing provider, and you wish to continue providing Sussit Services, you acknowledge you will be required to complete, and will complete, all registration processes required for the new payment processing provider and adhere to that new payment processing provider’s Terms and Conditions.
15. DISPUTES AND CHARGEBACKS
a. In addition to clause 24, DISPUTE RESOLUTION, as a Sussit User you acknowledge that should a transaction at any time be disputed by any other User where you as a User were the receiving party for payment of Services or goods that relate to the transaction under dispute, and that dispute results in the transaction amount being returned or charged back, then you acknowledge that any transaction amount that may be returned, disputed or charged-back and any Sussit platform fee relating to the disputed item that is eligible to be charged to you will be returned to your Sussit and/or Stripe account, and subsequently drawn from either your Stripe account or by any other means the Sussit platform has available i.e. a card you may have registered on the Sussit platform.
16. SYSTEM INTEGRITY
a. KTTV will use its reasonable endeavours to ensure the availability of the Website, Applications and Services, subject to any downtime required for maintenance. However, KTTV takes no responsibility for any system unavailability, or for any loss that is incurred as a result of the Website, Applications or Services being unavailable. Furthermore, KTTV assumes no responsibility for the corruption of any data or information held by KTTV.
17. DISPUTE RESOLUTION
a. As KTTV is not a party to any sale or transaction between you and another User, you agree not to involve, or attempt to involve, KTTV in any dispute or in the resolution of disputes that arise between you and another User as a result of the Services provided, other than as provided for in our Terms and Conditions and policies. If you wish to initiate a Disputes Tribunal (or other) proceedings against another User, you must provide KTTV a statutory declaration form, which must be completed before we will consider (at KTTV’s sole discretion) releasing anyone else’s information to you. You may only request contact details for the sole purpose of making a claim.
b. Should a dispute arise and that dispute results in return or chargeback (i.e. Visa, MasterCard) of the original transaction from the customers issuing bank, then you acknowledge resolution of that dispute will occur directly between the Buyer and the other User, being either the Seller or Driver.
c. KTTV / Sussit reserves the right to hold funds in any Users wallet for a period of time to mitigate the risk of potential chargebacks, returned items, or disputes.
a. KTTV and you agree that any legal disputes or claims between you and us related to or that arise from this Agreement, the use of the Sussit Platforms or the Sussit Services, or the interpretation, enforceability, revocability or validity of this Agreement or the arbitrability of this Agreement that cannot be resolved between you and us informally shall be submitted to binding arbitration. Claims shall be brought within a timeframe consistent with applicable law and any judgment on award made by the arbitrator may be entered in any court having jurisdiction thereof. KTTV and you agree that any claim, action or proceeding between you and us relating to or arising from this Agreement, the use of the Sussit Platforms or the Sussit Services shall be brought in your individual capacity and not as a plaintiff, collective or class User in any purported class, collective or representative proceeding. The arbitrator may not consolidate more than one person’s claim and may not otherwise preside over any form of class, collective or representative proceeding.
b. One the commencement of any arbitration, the commencing party will notify the other of the arbitration. The parties will then agree on an arbitrator. If, at any point, either party reasonably believes that an arbitrator will not be agreed upon, they may request the President of the New Zealand Law Society, or their representative, to nominate an arbitrator. That nominated party will then be the arbitrator.
c. Any arbitration will be conducted in Auckland, New Zealand. The costs of the arbitration will be split evenly between the parties unless otherwise decided by the arbitrator.
19. FORCE MAJEURE
a. KTTV has no liability for any lack of performance, unavailability or failure of the Services, Website or Applications, or for any failure of KTTV to comply with these Terms and Conditions where the same arises from any cause reasonably beyond the control of KTTV.
20. NO WAIVER OF RIGHTS
a. If we do not exercise or enforce any right available to us under these Terms and Conditions, it does not constitute a waiver of those rights or our right to act with respect to subsequent or similar breaches.
21. PARTIAL INVALIDITY
a. If any provision of these Terms and Conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining Terms and Conditions, which shall continue in full force and effect.
22. GOVERNING LAW
a. These Terms and Conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.
23. INTELLECTUAL PROPERTY RIGHTS
a. KTTV (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Website and Applications (including text, graphics, logos, icons, video and sound recordings) and the software and other material underlying and forming part of the Services, the Website and the Applications.
b. You may not, without our prior written permission, in any form or by any means:
· Adapt, reproduce, copy, sell, distribute, print, display, perform, publish or create derivative works from any part of the Website or the Applications; or
· Commercialise, copy, or on-sell any information, or items obtained from any part of the Website or the Applications.
24. ENTIRE AGREEMENT
a. These Terms and Conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement between the parties relating to the subject matter of these Terms and Conditions.
1. DRIVER GENERAL SERVICES
a. The Sussit Driver Platform provides a service where persons and businesses (“User”) who seek the pick-up and delivery of items and goods can be matched with persons (“Drivers”) in the vicinity of the locations where the items and goods are required to be picked-up and where such persons drive the items and goods to their delivery destinations. For the purposes of this agreement, item pick-up and delivery undertaken by Drivers shall be referred to as the “Delivery Service(s)”.
b. KTTV and Sussit are not a transportation carrier, freight carrier, forwarder or courier service. We do not provide transportation Services, courier services, freight services or Item delivery services. We do not act as an agent for Drivers and do not participate in the Delivery Services.
c. Drivers are self-employed, and as such decide whether or not they wish to accept Delivery Services. The User may then decide whether or not they wish to accept the Driver to perform the Delivery Service based on the information provided to the User, such as the rating previously given to the driver by previous Users (“Driver Rating”). Each Delivery Service provided by a Driver to a User shall constitute an agreement between the User and the Driver.
d. Drivers are required to provide point to point delivery which means the delivery of Items they have picked up directly to the delivery address requested by the Customer.
e. As a self-employed Driver, the Driver is required to meet all New Zealand regulations for their driving status, including all Health and Safety regulations and Covid19 safety requirements recommended by the New Zealand government. It is the sole responsibility of the Driver to understand and establish all New Zealand regulation requirements.
2. THE RELATIONSHIP BETWEEN DRIVER AND KTTV / SUSSIT
a. You and KTTV expressly agree that these Terms and Conditions, your registration on the Driver Platform, your use of the Driver Platform, and the provision and conduct of your Delivery Services:
· does not constitute an employment agreement;
· does not intend to create or create an employment relationship between you and KTTV whatsoever; and
· does not intend to create or actually create any joint venture, franchisor-franchisee, partnership, agency or any other such relationship.
· As a self-employed person, the Driver APP facilitates you as the Driver to conduct your delivery service.
b. As a Driver providing your Delivery Services through the Driver Platform, you acknowledge and expressly agree that:
· the relationship between you and KTTV under this Agreement is solely that of independent contracting parties;
· you have no authority to bind KTTV;
· you shall not proclaim to be, or represent yourself as an employee, agent or authorized representative of KTTV;
· you have complete and sole discretion to provide Delivery Services or otherwise engage in other business or employment activities;
· you retain the option to ignore, decline or accept delivery requests via the KTTV Driver Platform, or to cancel a Delivery Request that you have accepted, subject to the clauses relating to acceptance of Delivery Requests or cancellation as stated in this Agreement; and
· KTTV does not and shall not be deemed to control or direct you generally, or specifically in your performance under this Agreement, including in relation to your provision of Delivery Services, your acts or omissions or your operation and maintenance of the vehicle you use to provide the Delivery Services.
3. DRIVER IDENTIFICATION
a. As a Driver you are required to identify yourself as a Driver to any party with whom you are interacting with or providing Services to, when you are delivering an article through the use of the Driver APP. The Driver APP Driver Profile enables the Driver to produce your identification and photo to the other party, and you are required to do so upon pickup of the delivery item and upon drop off of the Item, and upon request by any party engaged in the pickup and delivery service.
b. Subject to license or permit rules or regulations, or any signage required by law, we shall have no right to require you to:
· display Sussit colours, logos or names; or
· wear any clothing, whether uniform displaying the Sussit colours. logos or names.
a. A vehicle may constitute a motorised vehicle (such as but not limited to a car, van, truck, motorbike, bus or any other motorised vehicle), or a non-motorised vehicle such as a bicycle or on foot.
b. The Driver is responsible to ensure any vehicle used by the Driver in the delivery of items and goods is maintained in accordance with New Zealand legal and regulatory requirements for that vehicle type. This may include Warrant of Fitness (WOF), Certificate of Fitness (COF), car insurance and personal liability insurance, or any other New Zealand regulatory requirement for operating a vehicle, and providing delivery Services.
a. Your Delivery Services and all other communications and contact between you, other Users and parties to your Delivery Services, are conducted entirely at your own risk. You agree that KTTV takes no responsibility or liability for any misconduct of any of its Users including, without limitation, Users that have registered under false pretences or who attempt to defraud you. KTTV gives no undertakings, representations, or warranties in relation to the Driver Platform, delivery requests, the item(s) included for delivery in the delivery request, driver matching, the Delivery Services or any part thereof, including:
· ownership of any item or verification of ownership of any item;
· the content, safety, description, worthiness, or legality of any item;
· that the person who is accepting the delivery of the item is of an age that they can accept that item in accordance with New Zealand law;
· the accuracy or truth of delivery requests; or
· the ability of Users or otherwise to complete an item delivery transaction, including credit card transactions.
b. In order to manage your own risk, it is suggested that you as a Driver take out a suitable insurance policy to cover any liability you may be subjected to as a Driver of delivery Services.
a. You expressly understand and agree that:
· your use of the Driver Platform is at your sole risk. The Driver Platform is provided on an "as is" and "as available" basis. To the maximum extent permitted by law and without limiting this clause, KTTV disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;
· KTTV does not warrant that:
o the Driver Platform provided will be uninterrupted, timely, secure, or error free; or
o that any information (including feedback) provided on the Driver Platform is error-free or reliable;
· no advice or information that is obtained by you from KTTV or anyone else shall create any warranty by KTTV that is not expressly stated in this Agreement and any other applicable KTTV Terms and Conditions;
· responsibility for any opinions, advice, statements, offers, advertisements or other information or content appearing on or made available through the Driver Platform, that has not been directly posted by KTTV, rests solely with the respective authors of such and cannot necessarily be relied upon. Under no circumstances will KTTV be responsible for any loss or damage resulting from your reliance on information or content posted on the Driver Platform or otherwise disseminated by third parties;
· The Driver Platform may contain links to other websites owned and operated by third parties (“Third-Party Websites”) as well as text, images, graphics, designs, media information, software and other digital technologies and other content or items originating from or owned by third parties (Third-Party Content”). KTTV does not monitor, investigate or check the accuracy appropriateness or completeness of such Third-Party Websites and Third-Party Content and we are not responsible for any Third-Party Websites or Third-Party Content accessed through the Driver Platform;
· Location data provided by the Driver Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location data is needed or where erroneous, inaccurate or incomplete location information may lead to death, personal injury or environmental or property damage. Neither KTTV, or any of our content providers guarantee the availability, accuracy, completeness, timeliness or reliability of location data displayed on the Driver Platform. Any of your information that you upload, provide or post to the Driver Platform, including geolocation information, may accessible to KTTV and certain other KTTV Users.
b. If you acquire any version of the Driver Platform from the Apple App Store and Google Play store this paragraph shall apply. This Agreement is entered into between you and KTTV, Apple Inc (“Apple”) and Google are not a party to these Terms and Conditions, shall have no obligations with the respect to the Driver Platform and is not responsible for the Driver Platform and the content thereof. However, Apple and Google, and Apple’s and Google’s subsidiaries are third-party beneficiaries of the obligations agreed to under these Terms and Conditions and Apple and Google shall have the right (and will be deemed to have accepted the right) to enforce your obligations under these Terms and Conditions against you as a third-party beneficiary thereof, as per Part 2 of the Contract and Commercial Law Act 2017 (or any updated later version). These Term and Conditions incorporate by reference Apple’s and Google’s End User License Agreement, for the purposes of which, you are the end-user (or any such similar term as used by Apple or Google). In the event of a conflict in the terms of the End User License Agreement and these Terms and Conditions, the terms of these Terms and Conditions will prevail.
DRIVER PLATFORM & DELIVERY SERVICES
7. DRIVER REGISTRATION
a. To register as a driver on the Driver Platform you must be at least 18 years or older and maintain, at all times when providing Delivery Services, a valid and current full New Zealand Driver’s licence or any other license that is valid under New Zealand law for the vehicle you will use to provide Delivery Services.
b. To register as a Driver, you are required to provide your valid New Zealand drivers license, bank details, credit card and vehicle/s.
c. All potential drivers shall undergo a screening process and those who are successful will be granted authority to access and use the Driver Platform.
d. The Driver screening process may include validation (automated to an external system, or manual) of your Driver details including your Drivers’ License and any other details required for Driver registration. You authorise KTTV to use your Driver details to perform all checks and validations required to authorise the Driver registration for the duration of my agreement contract with this company.
e. Approved Drivers may pay a one-time, non-recurring Driver Setup Fee to KTTV. The Driver Setup set up fee shall be payable prior to granting you authority to access and use the Driver Platform.
f. Currently, the delivery of Dangerous or Hazardous Substances is not allowed using the Sussit solution and Services. However, should this change the Driver will be required to undertake an additional registration with us if your Delivery Services includes the delivery of Dangerous or Hazardous Substances or the delivery of any of the items included on the list of restricted items in our Prohibited and Restricted Item Delivery List.
8. DRIVER PERSONAL INFORMATION
a. You are solely responsible for your personal information and you warrant that you have provided complete, accurate and current personal information when registering as a driver. You agree to maintain and update your personal information held by KTTV (including your information on the Driver Platform) to ensure it is kept current at all times and that your driver profile information can be relied upon by KTTV, other Users and any other party to the Delivery Service you provide as accurate, current and complete.
b. It is possible for others to obtain information about you that you provide, post or publish to or through the Driver Platform, or that you send to, or share with other Users or parties to your Delivery Services while providing such Delivery Services. It is also possible that others may use such information that they obtain about you to harass or harm you. We strongly advise that you carefully consider the type and extent of the information that you provide, post or publish through the Driver Platform and the information you share with others during the provision of your Delivery Services. KTTV is not responsible for any personal information that you share with others on the Driver Platform or during the provision of your Delivery Services and we disclaim all liability, regardless of the form of action, for all acts or omissions of other Users, other parties to your Delivery Services or any unauthorized users.
c. When we collect personal information about you, we use and share the information for the purposes for which we collected such personal information. We may retain your personal information for as long as it can legally be used for the purposes for which we collected the information, or for as long as we may be lawfully required to retain such information.
9. MANAGING YOUR DRIVER PROFILE
a. You are the sole authorized user of your registered driver profile and are solely and fully responsible for all activities that occur under your registered driver profile. KTTV expressly disclaims any liability arising from the unauthorized use of your registered driver profile or any information contained therein or uploaded to the Driver Platform or provided to KTTV by you.
b. You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:
· not to permit any other person to use, access or alter your registered driver profile and information; and
· not to disclose, or provide to any other person, your password, email address, date of birth or any other information in connection with your registered driver profile that may allow them to gain access to your registered driver profile or information.
c. Should you suspect that an unauthorized party may have accessed, altered or used your registered driver profile or if you suspect any other breach of security, you agree to notify us immediately.
a. By registering a driver profile and accessing or using the Driver Platform you expressly provide your consent and agree to receive and accept emails, SMS text messages, phone calls and push notifications (“Communications”) as sent by us or by any automated systems we may use to your registered email and mobile telephone number as provided in your driver profile. You further consent and agree that such Communications may include but is not limited to Communications relating to your driver profile, delivery requests, transactions and Delivery Services, your use of the Driver Platform or any activities related to such, newsletters, industry news, Driver Platform updates and updates concerning new and existing features, or for promotions run by us. You may opt out of promotional communications, newsletters, industry news and any communications related to updates by following the unsubscribe options provided to you in such communications. You acknowledge and agree that all communications related to delivery requests and your provision of Delivery Services through the Driver Platform are essential to the conduct of your Delivery Services, and will still be provided even if you have opted out of other communications.
a. When you provide Delivery Services through the Driver Platform, KTTV may disclose information to you relating to KTTV’s business, operations, Users, Services and properties (“Confidential Information”), including but not limited to technical, financial, strategic, User information and other confidential and proprietary information. You agree that you shall not use any Confidential Information disclosed to you by us for your own purposes or for any other purpose other than stated herein. You also agree that:
· you shall not disclose or permit the disclosure of any Confidential Information to third parties; and
· you shall take all reasonable measures to protect the confidentiality of and avoid the disclosure or use of KTTV Confidential Information to prevent such from falling into public domain.
b. Notwithstanding the above, you shall not be liable to us with regard to any KTTV Confidential Information which you can prove:
· was in the public domain at the time it was disclosed to you;
· has entered the public domain through no fault of yours;
· was known to you, without restriction at the time of disclosure to you and can be demonstrated by files in existence at the time the disclosure was made;
· was disclosed to you with the prior written consent of KTTV;
· becomes known to you without restriction from a source other than KTTV without breach of this Agreement by you and otherwise not in violation of the rights of KTTV; or
· is disclosed to you pursuant to requirement or order of a court, administrative agency or other governmental authority, provided that you shall provide KTTV with prompt notice of such court order or requirement to allow us to seek a protective order or to otherwise restrict or prevent such disclosure.
12. DRIVER REPRESENTATIONS AND WARRANTIES
a. By using the Driver Platform to provide Delivery Services you represent, warrant and agree that:
· You possess (at the time of Driver Registration and ongoing) a valid and current New Zealand Driver’s license, or such other licence that allows you operate the delivery vehicle legally, and you are fully authorized and medically fit to operate the vehicle you will use to provide Delivery Services and you have all the appropriate and required licenses, approvals and authorities to provide Delivery Services in New Zealand.
· You will only provide Delivery Services using the vehicle or vehicles that you have registered with KTTV and that appears under your registered driver profile on the Driver Platform.
· You own or have the legal right to operate the vehicle you use when providing your delivery Services and such vehicle is in good operating condition, meets industry safety standards and any and all statutory motor vehicle requirements that apply to a vehicle of its kind.
· You will deliver all items picked up point to point, which means you will deliver items directly after pickup with no interruption in the delivery service.
· You have a valid and current liability insurance policy that names or schedules you for the operation of the vehicle you use to provide your Delivery Services and that coverage amounts of such policy is consistent and in accordance with any legal requirements that may apply.
· In the event of a motor vehicle accident during your provision of Delivery Services through the Driver Platform, you will be solely responsible to comply with any and all statutory or New Zealand Transport Agency requirements that may apply and shall report the accident to your insurer. You remain responsible for all contact and communications with your insurance provider.
· You are and will be solely responsible for any and all liability that results from or is alleged as a result of your provision of Delivery Services through the Driver Platform, including but not limited to loss, non-delivery of or damages to the item(s) you deliver, property damages, personal injuries or death.
· If you undertake an additional registration with us to provide Delivery Services for Dangerous or Hazardous Substances or any of the restricted items as listed in our Prohibited and Restricted Delivery Items List, you shall comply with and maintain such compliance with any applicable laws, regulations, licenses, standards and requirements and shall produce evidence of such compliance at our request or at the request of any authority with the lawful right to request such evidence of compliance. Note Delivery Services for Dangerous or Hazardous Substances is not currently allowed using the Sussit solution and Services.
· You shall pay all applicable taxes that you may be liable for based on your Delivery Services and any payments you receive for such Delivery Services. Any such taxes include GST; all delivery Services payments are deemed to be inclusive of GST.
· You shall comply with any and all applicable laws, rules, bylaws, regulations, terms, conditions, policies, obligations and requirements while providing Delivery Services through the Driver Platform including such that apply to the protection of rights, property, intellectual property and safety and you shall be solely responsible for any breach of such laws, rules, regulations, terms, conditions, policies, obligations and requirements.
· You shall not deceive, attempt to deceive, defraud or attempt to defraud KTTV, other Users and parties to your Delivery Service in relation to your provision of Delivery Services through the Driver Platform. Should we suspect that you have engaged or attempted to engage in any deceitful or fraudulent activity, we may, at our sole discretion withhold the Driver Fees (or other Delivery Fees to the same value) and / or the value of the goods that were to be delivered, for the Delivery Services in question. We may also disable your KTTV Driver Account without notice. We may also notify law enforcement authorities where any activities or actions conducted by you are in breach of the laws of New Zealand.
· You consent to us providing information about you to Users who request your Delivery Services and other parties to your Delivery Services for the purposes of the Delivery Services and that such information may also include real-time GPS location and route tracking information.
· You consent to us obtaining information about you from third parties, including background checks, criminal record checks and driving records and you agree to provide any additional authorizations that may be required to facilitate our access to such records for as long as this Agreement shall remain in effect.
13. AGE RESTRICTED ITEMS
a. In instances where you deliver age restricted items or any adult rated items, you are to verify upon delivery that the person receiving such items is of an appropriate age to legally (in accordance with New Zealand law) take receipt of such items. Age restricted, or adult rated items cannot be left on site and they must be received by an age appropriate, authorized person (i.e. the buyer or an age appropriate person authorized by the buyer to receive the item). If a Driver is required to return any item as it does not meet the requirements of these Terms and Conditions, the cost for returning the item will be on the User who requested the delivery i.e. Customer/Buyer or Store.
14. CANCELLATION OF ACCEPTED DELIVERY REQUESTS
a. Driver Cancellation:
i. You acknowledge and expressly agree that once you have accepted a delivery request, you are obligated to provide your Delivery Service and fulfil the delivery request without cancelling the Delivery Service. However, without limiting this clause, KTTV does acknowledge that under certain unforeseen circumstances (such as personal emergencies, vehicle breakdowns and accidents), you may be unable to provide the Delivery Service. You warrant that you shall only cancel a Delivery Service in the event of such unforeseen circumstances.
ii. In the event of a cancellation, you are responsible to immediately contact the User that requested the delivery and inform them of the cancellation and the reason for such cancellation. If you already have uplifted the article for delivery, you are responsible to immediately returning the article to the User, and to cancel the Delivery Request, thus enabling the User to create a new Delivery Request.
iii. If a Delivery Request is cancelled by you, then you will not receive any payment whatsoever for the Delivery Request. If payment or partial payment for the Delivery Request has already been made to you or your account, you acknowledge that the payment or partial payment will be reversed from your account, and you are required to repay in full any payment made.
iv. A cancellation fee may apply, and if a cancellation fee applies you acknowledge you are required to pay that cancellation fee and the cancellation fee will be deducted either from any payments owing to you, or from your nominated payment method.
v. In instances where we believe that you are or may be abusing your ability to cancel a Delivery Service due to such unforeseen circumstances as above, we may suspend or terminate your access to and use of the Driver Platform.
b. User Cancellation:
i. The User may choose to cancel the Delivery Request up until the delivery has been picked up by you. In these circumstances, no fees or payment will be made to you and if fees or payment have been made to you for the Delivery Request, then these fees or payment will be reversed and paid back by you.
15. TERM OF AGREEMENT AND TERMINATION
a. Your registration as a Driver on the Sussit Driver Platform creates between you an Sussit an Agreement based on these Terms and Conditions. That Agreement remains in effect, as amended by any modifications, until terminated by either party by giving the other party written notice (by way of closure of your account) of such termination. The termination of this Agreement by either party does not affect the rights of KTTV to enforce any clauses within this Agreement that survive the termination or expiration of this Agreement.
b. You may terminate your registered Driver profile or discontinue your use of the Driver Platform and your Delivery Services at any time and for any reason upon written notice (by way of closure of your account) to us. Upon termination, you are required to pay to KTTV / Sussit any monies owing from you.
c. KTTV reserves the right to decline your registration on the Driver Platform or to suspend or deactivate your driver profile and / or status as a provider of Delivery Services, or to revoke, suspend, restrict or terminate your access to and use of the Driver Platform at any time and for any reason at our sole discretion. Without limiting the foregoing, we may terminate your access to and use of the Driver Platform if:
· a serious complaint or multiple complaints are received about you or your Delivery Services;
· if you breach any of our Terms and Conditions or policies;
· if you engage in fraudulent or illegal activities;
· if you impersonate another User or driver; or
· if we, at our sole discretion, deem your behaviour to be unacceptable.
d. We reserve the right to refuse access to the Driver Platform for any reason not prohibited by law.
16. CODE OF CONDUCT FOR DRIVERS
a. All Delivery Services, communications and interactions made through the Driver Platform shall be made in good faith.
b. All Delivery Services made through the Driver Platform shall be made in a professional and courtesy manner, and you shall maintain a professional and tidy image in your presentation and conduct.
c. You are required to speak clear and fluent English when dealing with all Users of the platform.
d. You shall not violate any law, statute, rule, permit, ordinance or regulation.
e. You shall not damage, interfere with or harm the Driver Platform, any network, or underlying system connected to such, or attempt to do so.
f. You shall not “frame” or “mirror” any part of the Driver Platform or use meta tags, code or other devices containing any reference to KTTV or Sussit in an attempt to direct any person or User to any other website or application for any purpose.
g. You shall not use a robot, spider, scraper or other unauthorised automated means to access the Driver Platform or information featured on it for any purpose.
h. You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Driver Platform.
i. You shall not attempt to complete a Delivery Service requested through the Driver Platform outside of the KTTV or Sussit solution, Services or process or Driver Platform.
j. You shall not use the Driver Platform, or at any time during the course of providing Delivery Services through the Driver Platform attempt, to promote Delivery Services outside of the Driver Platform.
k. You shall not engage in or promote retaliatory behaviour, post information, spam or interact on the Driver Platform including, during the provision of your Delivery Services, in a manner which is false, inaccurate, misleading, defamatory, libellous, abusive, threatening, harassing, obscene, profane, offensive, sexually oriented or illegal in accordance with New Zealand Laws.
l. You are responsible for any actions taken through your registered driver profile and your use of the Driver Platform. Sussit registered Driver profiles cannot be shared, are not transferable and therefore cannot be sold, leased, lent or traded.
m. You shall not discriminate against or harass anyone based on race, nationality, religion, gender or gender identity, medical condition, physical or mental disability, marital status, age or sexual orientation, or any other ground listed in s21 of the Human Rights Act 1993.
17. FEES & PAYMENT
a. Sussit fees are available on the Sussit Website. All Sussit fees that may be charged to you are non-refundable.
18. DRIVER SETUP FEE
a. KTTV may charge each Driver that has been approved to use the Driver Platform an initial once-off Driver Setup Fee.
b. Payment of the Driver Setup Fee shall be made either by card or set off against future due Driver payments, and no cash payments will be accepted.
19. DELIVERY FEES & CHARGES & PAYMENTS
a. As a Driver, you will receive Delivery Fees (income) for the Delivery Services you provide through the Driver Platform. The Delivery Fees you are paid are calculated in accordance with the fees as advertised by the platform from time to time. These fees are net of KTTV commissions and you acknowledge and agree that such fees shall not include interest (paid) and will be net of any amounts we may be required to withhold by law.
b. Any Driver specific fee i.e. setup fee, may be charged to the Driver as a net total of the payment made to the Driver.
c. Delivery Fees or Charges to Users are calculated by a combination of distance (per kilometre) charges and time (per minute) charges. A % fee is then added to the combined total of the distance and time charges. This means that the total Delivery Charge to the User per Delivery Service = (distance fee + time Fee + potential fixed fees) + XX % margin. The percentage margin will be shown on the Website in the Fee schedule. This process excludes fixed price delivery charges as described in clause 69- Corporate and Business User – Special Fee. The delivery charge may also consist of a minimum charge, a base price, or another fixed price charge.
d. You expressly authorize KTTV to set the Delivery Charges for each Delivery Service on your behalf. You also expressly authorize us to enter into fixed price or discounted percentage Delivery Charge agreements on your behalf say, with Corporate and other Business Users.
e. Any such change to the standard payment structure, where a different percentage or rate is to be charged, will be shown on the Listing before you accept to provide the Delivery Services. By accepting to provide that Delivery Service you are agreeing to this altered Delivery Fee for that Listing.
f. In exchange for allowing you to use the KTTV Driver Platform to provide your Delivery Services, you agree to pay us a fee (commission) and allow us to retain such fee, based on each transaction in which you provide Delivery Services through the Driver Platform.
g. The Driver commission fee payable to KTTV is shown on the Website in the Fees schedule. We reserve the right to change the commission fee at any time and at our discretion based on prevalent market conditions and market factors. We will notify you in the event of such change and your continued use of the Driver Platform shall constitute your consent to such change.
h. More details on the calculation of delivery fees is available on the Website in the Fees schedule, with further details on each Listing available to you to accept.
20. CORPORATE AND BUSINESS USER – SPECIAL FEE:
a. KTTV reserves the right to set alternative commission and fee structures for fixed price Delivery Charge agreements as per the individual terms of the agreement with each Corporate or other Business User.
b. Any Special Fee may affect the amount paid by the Customer or Seller for Delivery Services, which may then impact the actual payment amount received by the Driver. We encourage you to note any reference in the Listing as to the amount of the Delivery Fee, as by accepting to provide the Delivery Services for that Listing you will be accepting this altered Delivery Fee for that Listing.
KTTV, Auckland, New Zealand.
1. GENERAL CONDITIONS
a. You must be located in New Zealand, with a shipping address located in New Zealand, if you want to purchase items or use delivery services on Sussit. People outside of New Zealand are not permitted to purchase items or use delivery services on Sussit even if the pickup address and shipping address is within New Zealand.
b. You agree to your name and delivery address (and images taken of you by the driver as applicable during the pick-up of an item to be delivered) being provided to the other User participating in the end to end transaction when you purchase an item, and to your email address or cell number and username being provided if you send an email or text/call to the other User.
c. You agree to your name, address and phone number being provided to the driver when you purchase an item through Sussit.
d. You agree and acknowledge that all users of the Platforms, Website and Applications must be at least 18 years of age. To ensure this is occurs, you may be asked to validate your age by a Driver if the item being delivered is an item that may only be provided to someone of at least 18 years of age. You will still be liable for the purchase of the Item if the Driver asks for such validation and you are unable to provide suitable identification.
2. DISPUTES AND CHARGEBACKS
a. In addition to clause 24DISPUTE RESOLUTION above, as a Buyer / Customer you acknowledge that any dispute for any transaction incurred using the Sussit Platforms will be resolved directly between you can the other User.
b. KTTV and the Sussit Platforms take no responsibility or liability for any transaction or its value that may result in a dispute.
PRIZE DRAW TERMS & CONDITIONS
1. No purchase is necessary to enter the prize draw. Enter to the prize draw may be dependent on a customer or drivers new registration.
2. This prize draw is open to NZ residents or citizens aged 16 years or over, with the exception of employees of the Promoter, their families, agents and anyone else connected with this promotion.
3. Entries must be received by the dates that are applicable to each reward campaign as advertised on the Sussit website. The Promoter accepts no responsibility for any entries that are incomplete, illegible, corrupted or fail to reach the Promoter by the relevant closing date for any reason. Proof of posting or sending is not proof of receipt. Automatically generated entries and entries via agents or third parties are invalid and shall not be considered. Entries become the property of the Promoter and are not returned.
4. Only one entry per Referee / new registration and one entry per Referrer. No entrant may win more than one prize.
5. To enter for the reward campaign, fill in the referral details as directed on the Sussit APP or Sussit Driver APP registration. If the referral details are not entered during registration, no entry will be considered.
6. All correctly completed entries will be entered into a prize draw which will take place on the dates that are applicable to each reward campaign as advertised on the Sussit website. The first entry drawn will be the winner.
7. The prize for the winner is defined on the www.sussit.co website for the month of the prize draw.
8. Prizes are subject to availability. In the event of unforeseen circumstances, the Promoter reserves the right (a) to substitute alternative prizes of equivalent or greater value and (b) in exceptional circumstances to amend or foreclose the promotion without notice. No correspondence will be entered into.
9. The winner will be notified via SMS or APP notification message by the dates that are applicable to each reward campaign as advertised on the Sussit website. The winners must claim their prize within 30 working days of the Promoter sending notification. If the prize is unclaimed after this time, it will lapse and the Promoter reserves the right to offer the unclaimed prize to a substitute winner selected in accordance with these rules.
10. The details of the winner will be published on the www.sussit.co website. The winner provides their permission to Sussit to use their details and image for promotional purposes.
11. The Promoter will use any data submitted by entrants only for the purposes of running the prize draw, unless otherwise stated in the entry details. By entering this prize draw, all entrants consent to the use of their personal data by the Promoter for the purposes of the administration of this prize draw and any other purposes to which the entrant has consented.
12. The winners agree to take part in reasonable post event publicity and to the use of their names and photographs in such publicity.
13. The Promoter may disqualify any entrant whose entry does not comply with these terms and conditions (in Promoter’s sole opinion) or who, in Promoter’s sole determination, has acted in a manner that is fraudulent, dishonest or unjust to other entrants including, without limitation, tampering with the operation of the prize draw, manipulating or rigging votes, hacking, deceiving, cheating or by harassing or threatening other entrants or a representative of Promoter.
14. By entering the prize draw each entrant agrees to be bound by these terms and conditions.
17.The Promoter is Sussit / KTTV NZ Ltd, Auckland, New Zealand.
18.These terms and conditions are governed in accordance with the laws of New Zealand.
1. SELLER GENERAL CONDITIONS
a. These Terms and Conditions apply to Seller accounts and are in addition to our standard Terms and Conditions as noted above, which continue to apply. If you use the Sussit API, these Terms and Conditions apply unless otherwise stated. The use of the Sussit API is included under Seller Services, unless otherwise stated.
b. You must accept these Terms and Conditions in order to operate a Seller account or use the Sussit API. If you do not accept these Terms and Conditions, you must not use the Seller Services or the Sussit API.
c. We reserve the right to set additional conditions relating to the operation of your Seller account and the use of the Sussit API. We will notify you in writing of such conditions and you will agree to comply with such additional conditions by continuing to use our Services.
d. Sellers, their businesses if applicable, and Items included in Listings must be located in New Zealand. Sellers outside of New Zealand are not permitted to sell on Sussit and Items located outside of New Zealand are not permitted to be in Listings or sold on Sussit.
e. You must not use the Services, the Website or Applications to sell items that are of a speculative nature including, but not limited to, pyramid or similar schemes.
f. KTTV may remove, ask you to remove or decline to display content in your Sussit Seller account and Listings if we believe that such content may negatively affect our Website, Applications, Services, goodwill or brand or negatively impact other users’ experience of KTTV.
2. OFFENSIVE MATERIAL
a. The sale of films, videos, DVDs, laser disks and video games is covered by the Films, Videos and Publications Classification Act 1993. It is an offence to sell any of these items if they have not been examined and classified by the appropriate agencies. When listing these items for sale, you must include within your listing, the New Zealand classification rating and all information on the classification label.
b. The Films, Videos and Publications Classification Act 1993 equally applies to sexually explicit and pornographic materials and KTTV reserves the right to block images of such on the Website and Applications and report inappropriate, banned or illegal content to authorities, in addition to reserving the right to terminating your account and Usership with Sussit.
a. You may not use drop-shipping or operate multiple Userships, unless multiple Userships are for different businesses of which you may be the owner, a partner, authorised representative or fully authorised shareholder, without written approval from KTTV. We may approve or deny multiple Userships at our discretion. Where you hold multiple Userships, we can, at your request, link all such Userships to facilitate a central login and linked access to all Userships. This benefits you by removing the complexities of managing and maintaining multiple Userships.
4. FIREARMS AND AMMUNITION PROHIBITED
a. The sale of firearms and ammunition on Sussit is expressly forbidden.
5. PROFESSIONAL SELLER OBLIGATIONS
a. If you are a professional (in-trade) Seller you must disclose to buyers that you are selling “in trade”.
b. You are expected to maintain high standards of customer service. This includes having a process for dealing with and resolving customer complaints and disputes in a fair and timely manner, offering a refund or a replacement item and responding promptly to enquiries and disputes from buyers.
c. You must ensure that all goods are fit for purpose, including such purposes as described in the item listing.
d. You must ensure that goods are of acceptable quality, safe and in compliance with safety regulations, free from defects or clearly state any defects in the item listing.
e. You agree to cover the cost of return for “not as described items”, unless agreed otherwise with the Buyer.
f. You must comply with all applicable laws and legislation, including but not limited to the Consumer Guarantees Act 1993, the Fair Trading Act 1986, and the Contract and Commercial Law Act 2017. You must also comply with all applicable product safety standards and regulations.
a. All Listings must comply with New Zealand law. You must not list anything that is illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), stolen, or unsafe, anything which infringes copyright or other intellectual property rights, items which have been illegally imported or which would require illegal import or export in order to complete the transaction, or any item of which the sale is prohibited by, or violates any law. You are responsible for ensuring that any listing by you does not breach these Terms and Conditions You agree that KTTV may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of this at any time.
b. You will only enter Listings that are accurate, current, complete, and include all relevant information about the terms of sale and the item.
c. You will only place Listings for items that exist, are in stock, are to be sold or delivered, and that you are legally entitled to sell or deliver. You will only list items that are in your possession, and which you have legal title to, except where KTTV has approved otherwise in writing.
d. When you list an item on Sussit, you should do so with the intention of selling or delivering this item through the Website or Applications. Therefore, you should not advertise your item through another forum.
e. You must not use Sussit Listings to promote a business or website.
f. If you apply discounts and offer clearance sales on your Listings, these are not to be misleading or attempt to deceive buyers in any way.
g. You may not include your contact details in Listings and must demonstrate a commitment to sell through Sussit by not advertising your Listings through other seller forums and websites outside of the Sussit Services, Website and Applications.
h. You may not link Listings to third-party websites unless the website contains additional information about the item only; the website must not offer any items for sale or contain contact details. You may link to your own website only if your website does not include payment Services, shopping cart or e-commerce facilities or other details, information or arrangements intended to promote the sale of your listed item(s) outside of the Sussit Services.
a. Image specifications for Listings will be provided in the Listing process and these specifications may be updated from time to time. If we do update the image specifications, you must ensure that you update your listing images to comply with the updated image specifications.
b. If you wish to protect your images, you should watermark them before uploading them to your Listings on the Website or Applications. KTTV is not responsible for protecting your images from copyright infringement and unauthorized use. You must ensure you hold the copyright or are otherwise licensed to use any images you add to your Listings.
8. PROHIBITED AND RESTRICTED ITEMS
a. You shall not sell or attempt to sell any items listed as Prohibited Items in our Prohibited and Restricted Items List.
b. You shall not sell or attempt to sell any items listed as Restricted Items in our Prohibited and Restricted Items List, unless you comply, and can produce evidence of such compliance, with any and all legislation, regulations, industry standards, certifications and licencing requirements as they apply to the sale of the Restricted Item.
9. SALE OF ALCOHOL
a. If you use Sussit for the sale of alcohol, you are to ensure that you have and maintain the appropriate licences required to do so and that you comply with any and all laws, conditions and terms relating to such licences. We may request you to provide us with evidence of your licence and compliance and may suspend or terminate your Seller account should you fail to do so or if we determine, at our discretion, that you are in breach of licencing requirements and laws.
10. HAZARDOUS MATERIALS
a. If you use Sussit to sell dangerous or hazardous goods, you must ensure that you are in compliance with New Zealand laws and regulations, including the Hazardous Substance and New Organisms Act, the Hazardous Substances (Packaging) Regulations 2001 and the requirements of the Environmental Protection Authority as they apply to the hazardous or dangerous item(s) you intend to sell though Sussit Services.
b. You are responsible to ensure that you do not list or request the delivery of any dangerous or hazardous goods through Sussit where such dangerous or hazardous goods are included in the list of Prohibited items in our Prohibited and Restricted Items List as well as our Prohibited and Restricted Delivery Items List.
c. If you are a seller of hazardous substances you must supply Safety Data Sheets (SDS) in compliance with the requirements of the Environmental Protection Authority and must provide the SDS upon request by the Environmental Protection Authority or at the request of KTTV.
d. You must ensure that hazardous substances are packaged in accordance with the requirements of the Hazardous Substances (Packaging) Regulations 2001 (or any updated later version).
e. All hazardous substances must be labelled in accordance with the requirements of the Environmental Protection Authority and you must clearly indicate that the items are hazardous and dangerous in your Listings and delivery request on KTTV.
a. When you sell an item, you shall ensure that the item is prepared and ready for delivery within 30 minutes of the purchase, or to meet the Driver pick-up time.
b. You agree to your name, address and phone number being provided to the Driver when you place an order for the delivery of items through Sussit.
c. You shall not request delivery or attempt delivery through Sussit of any items listed as Prohibited for delivery in our Prohibited and Restricted Delivery Items List.
d. You shall not request delivery or attempt delivery through Sussit of any items listed as Restricted for delivery in our Prohibited and Restricted Delivery Items List, unless you comply, and can produce evidence of such compliance, with any and all legislation, regulations, industry standards, certifications and licencing requirements as they apply to the Restricted Item.
a. The Seller may be charged any of the following fees for using the Sussit Services:
· set up fees,
· post set-up editing fees,
· monthly fees,
· Services fees,
· success fee on all items (your business or store has) sold.
· API fees, i.e. integration fees and use of fees.
· any other fee that may be introduced in the future.
b. The fees charged will be notified to you, and if the fees are changed notification in advance of the change will be provided to you. These fees will be notified to you either on the Sussit website or via other communication methods mentioned in these overall Terms and Conditions.
13. DISPUTES AND CHARGEBACKS
a. In addition to the clause 24, as a Seller you acknowledge that should a transaction at any time be disputed by any other User where you as a Seller were the receiving party for payment of Services or goods that relate to the transaction under dispute, then you acknowledge that any transaction amount (and any related fee associated with the transaction) that may be returned, disputed or charged-back, and subsequently drawn from either your Stripe account or by any other means the Sussit platform has available i.e. a card you may have registered on the Sussit platform.
14. API SERVICES
a. Access to, and the use of, our API may be applied for, but is not guaranteed. We may, at our absolute and exclusive discretion reserve the right to:
· allow, block or restrict access to our API;
· revoke or restrict any access or privileges we may have granted;
b. We may enter into alternative fee arrangements and Terms and Conditions with API users at our discretion. Such arrangements and Terms and Conditions may be in addition to these Terms and Conditions or as otherwise stated within the agreement between KTTV and the API user.
15. SUSPENSION, TERMINATION & RESTRICTIONS
a. We may suspend or, at our discretion, terminate your Sussit Seller account if you breach these Terms and Conditions or any other of our Terms and Conditions or policies as they apply to you and your Seller account.
b. If we suspend or terminate your Sussit Seller account, you must ensure that any outstanding transactions and customer complaints or issues are addressed and resolved in a fair manner and within a reasonable timeframe.
c. In the event that we suspend your account, we will notify you of the suspension, the reason for the suspension and the actions that you must take in order for us to reinstate your account. Upon implementation of the required actions, and subject to our review and approval we will lift the suspension on your account.
d. If you breach our Terms and Conditions, we may place restrictions on your API access or revoke your access altogether. If we restrict your API access, we will notify you in writing of the reason and details relating to the restriction and we will send you a list of actions required in order to reinstate full access. Once you have implemented the required actions and subject to our review and approval, we will remove the restrictions.
e. You may terminate your Sussit Seller account or API access at your discretion by giving us 10 Working Days’ notice in writing. Your account or API access will close at the end of that 10 Working Day notice period or on a date mutually agreed upon between you and us.
You must ensure that no outstanding Listings or transactions (including delivery of items) remain and that all customer issues and complaints have been resolved prior to closing your KTTV Seller account.