SENDIT NZ terms of use
APPLICATION OF TERMS
These Terms apply to your use of SENDIT NZ. By setting up an account:
you accept and agree to be bound by these Terms; and
where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
If you do not agree to these Terms, you are not authorised to access and use SENDIT NZ, and you must immediately stop doing so.
Every provision of these Terms applies to you, except where a specific provision states that it applies to a category of User that does not include you or (if you are an Account Member) the organisation User you represent or with whom you are connected.
USE OF SENDIT NZ
All Users must be at least 18 years of age to create an account on, and use, SENDIT NZ. You must provide us with proof of age on request.
All Users must be located in New Zealand. SENDIT NZ is not available in any other country, and we make no representation or warranty that SENDIT NZ is appropriate or available in any other country, or that the content satisfies the laws of any other country. We expressly disclaim any responsibility and/or liability in connection with the use of SENDIT NZ outside New Zealand.
Before you can access certain functionality on or via SENDIT NZ, including the payment process, as a Sender or a Deliverer, you may need to complete a verification process required by the 3rd Party Payment Provider.
CHANGES
We may change these Terms, the Deliverer Agreement, our Privacy Policy, the Prohibited Items Policy, and any other policies or guidelines published by us at any time by updating them on SENDIT NZ. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms, Deliverer Agreement, Privacy Policy, Prohibited Items Policy, and all other policies and guidelines. By continuing to access and use SENDIT NZ, you agree to be bound by the changes.
Where reasonably practicable, we will try to notify you of any changes to the Terms, Deliverer Agreement (if you are registered as a Deliverer) and the Privacy Policy at least 14 days before the changes take effect. If we need to make a change urgently for security or legal compliance reasons, or if the change is required to correct a mistake (for example, where we have used the wrong cross-reference to a clause, or where we have used the wrong word or the wrong spelling), we reserve the right to make the change immediately, without providing that advance notice.
The Prohibited Items Policy and any other policies and guidelines not listed in clause 3.2 are subject to change without notice.
If a change to any of the Terms, Deliverer Agreement (if applicable) or the Privacy Policy, or any other policies or guidelines published by us, is detrimental to you, you (or the organisation you represent, where you are an Account Member) may cancel your account and terminate your right to access and use SENDIT NZ at any time. If no termination right under this clause is exercised, and you continue to access and use SENDIT NZ from the date on which the Terms, Deliverer Agreement (if applicable), Privacy Policy and any other policies and guidelines are changed, you agree to be bound by the changes.
We may change, suspend, discontinue, or restrict access to, SENDIT NZ (in whole or in part) without notice or liability.
Terms of Use last updated: These Terms were last updated on 8 September 2026.
DEFINITIONS AND INTERPRETATION
Definitions: In these Terms:
3rd Party Payment Provider means Stripe, Inc. or any replacement or additional 3rd party payment platform authorised by us
Account Member means an individual User who accesses and/or uses SENDIT NZ as an officer, employee, contractor or agent of a Sender or Deliverer, or otherwise for a Sender or Deliverer’s business purposes, and who, where SENDIT NZ includes functionality to do this, has been connected to that organisation by the relevant Sender or Deliverer’s administrator
App includes the SENDIT NZ-branded mobile apps, web apps and other application software owned by us (and our licensors) and used to provide SENDIT NZ, as may be updated from time to time
Apple means Apple Inc. and its subsidiaries
Consequential Loss means (i) loss of profit, revenue, savings, business, use, data (including Content), and/or goodwill; or (ii) consequential, indirect, incidental or special damage or loss of any kind
Content means content, data, and information (including personal information) that is owned, held, used or created by you or on your behalf (including by your Account Members if applicable), and that is then stored, transmitted via, input into or displayed via SENDIT NZ including (i) all content, data and information input or uploaded into SENDIT NZ by or on behalf of a Sender when creating a Listing; (ii) all profile information and photos, reviews, ratings and other comments input or uploaded into SENDIT NZ by or on behalf of a User; (iii) all communications input or uploaded into, or transmitted via, SENDIT NZ by or on behalf of a User when discussing a Listing or a prospective or actual Transport Agreement with another User; and (iv) all photos uploaded into SENDIT NZ by any User (e.g. on pick-up or drop-off of any Items)
Deliverer Agreement the separate agreement between us and each User who is registered as a Deliverer. The Deliverer Agreement applies to each Deliverer in addition to these Terms
Fees means the fees payable by Users to us in respect of SENDIT NZ as set out on our fees page at www.senditnz.com/fees, and as otherwise notified to you in writing from time to time. To avoid doubt, Fees does not mean the price payable by any Sender to a Deliverer for transporting Items
GST means goods and services tax payable under the Goods and Services Tax Act 1985
Intellectual Property Rights includes copyright and all rights anywhere in the world conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trade marks and designs, circuit layouts, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity. Intellectual Property has a consistent meaning, and includes any enhancement, modification or derivative work of the Intellectual Property
IRD Listed Services means services identified by New Zealand IRD as being services in respect of which online marketplace operators who facilitate the sale of those services must collect and return GST of 15% when the service is performed, provided, or received in New Zealand, regardless of whether or not the seller is GST-registered. At the date these terms were last updated, IRD Listed Services includes ride-sharing and ride-hailing, food and beverage delivery and short-stay and visitor accommodation services. For further information, please refer to https://www.ird.govt.nz/sharing-economy/online-marketplaces/gst-on-listed-services
Items means all tangible and movable items that are not Prohibited Items at the relevant time
Job a delivery the subject of a Transport Agreement
Listing means a post by a Sender on SENDIT NZ requesting transport services of an Item or Items
Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
Objectionable includes being objectionable, defamatory, obscene, harassing, threatening or unlawful, in any way
personal information means information about an identifiable, living person
Privacy Law means the Privacy Act 2020 and all other applicable law governing the collection, use, processing, storage, disclosure and disposal of personal information
Prohibited Items means IRD Listed Services and all items listed in the Prohibited Items Policy
Prohibited Items Policy means the SENDIT NZ prohibited items policy, as may be updated from time to time, set out at https://www.senditnz.com/prohibited
Sender means a User who wishes to list Items to connect with Deliverers via SENDIT NZ who can transport those Items
SENDIT NZ means the platform provided via the App, which facilitates connections between people who wish to acquire, and offer, transport services for Items. SENDIT NZ may be updated, modified or replaced by us from time to time. See the Website for a more detailed description of SENDIT NZ
SENDIT Protection Pool means the optional, per-delivery, discretionary protection offering for Senders described in more detail on the Website
SENDIT Pro means the optional paid subscription plan for eligible Deliverers described in these Terms and on our fees page at www.senditnz.com/fees, as may be updated from time to time
Terms means these terms and conditions titled SENDIT NZ Terms of Use
Transport Agreement means an agreement directly between a Sender and a Deliverer relating to the transportation of the Items the subject of a Listing on the terms and conditions determined in accordance with clause 11
Underlying Systems means the IT solutions, systems and networks (including software and hardware) used to provide SENDIT NZ, the App and the Website, including any third party solutions, systems and networks
User means any person who has registered an account to use SENDIT NZ
User Dispute means any dispute that arises between, or relates to, you and another User, or that relates to any transaction or communication made using or via SENDIT NZ
User ID means a unique name and/or password allocated to you to allow you to access SENDIT NZ
We, us or our means SENDIT NZ Limited, company number 9353035
Website means https://www.senditnz.com, or any other site notified to you by us, including all subdomains
You means, subject to clause 24.4, you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting (and all grammatical forms of “you”, e.g. your, have a corresponding meaning)
In these Terms:
words in the singular include the plural and vice versa;
clause and other headings are for ease of reference only and do not affect the interpretation of these Terms; and
a reference to:
a person includes an individual, a body corporate, an association of persons (whether corporate or not), a trust, a government department, or any other entity;
including and similar words do not imply any limit;
a statute includes references to regulations, orders or notices made under or in connection with the statute or regulations and all amendments, replacements or other changes to any of them; and
in writing includes by electronic means.
ABOUT SENDIT NZ
SENDIT NZ is a platform that acts as a facilitator/marketplace connecting Senders and Deliverers, and providing any other functionality that may be available on the Website or the App from time to time.
The services and functionality available to a User differ depending on whether the User has an account as a Sender (the default account that each User has on registration) or a Deliverer. Deliverers are subject to additional registration conditions and the additional terms set out in the Deliverer Agreement.
We provide SENDIT NZ solely as a facilitator between Users. These Terms set out certain requirements relating to how Users deal with each other via SENDIT NZ, some of which affect the Transport Agreements between Users. However, those Transport Agreements, once formed between Users, are separate agreements entered into directly by and between the relevant Users.
We are not an auctioneer or broker. Nor are we a contracting carrier for the purposes of the Contract and Commercial Law Act 2017.
Any interaction between you and another User, including any agreement entered into between you and another User in relation to the transportation of any Items, is a matter directly between you and them only. Other than our obligations set out in these Terms, we are not liable to you for the conduct of any User, including any failure by a User to comply with these Terms, a Transport Agreement, or any other legal obligation.
We do not undertake to monitor or verify Users, Listings or Items. We do not verify the accuracy of Listings, or the quality or suitability of any transportation services offered by a Deliverer.
We may from time to time indicate that a Deliverer is a verified courier business or similar organisation. This is solely an indication that at account registration, the Deliverer was operating a courier business. It is not an endorsement of a particular Deliverer and does not affect clause 5.5 or 5.6. We accept no responsibility for monitoring or updating the information on which the initial indication was based.
OUR PROVISION OF SENDIT NZ
We will use reasonable efforts to provide SENDIT NZ in accordance with these Terms, the Deliverer Agreement (where applicable to you) and New Zealand law.
Our provision of SENDIT NZ to you is non-exclusive. Nothing in these Terms prevents us from providing SENDIT NZ to any other person, or prevents you from using any app or website that offers the same or similar functionality.
Subject to clause 6.5, we will use reasonable efforts to ensure SENDIT NZ is available on a 24/7 basis. However, it is possible that on occasion SENDIT NZ may be unavailable to permit maintenance or other development activity to take place, or due to an event that is beyond our reasonable control.
We do not guarantee that a Deliverer will be available in your area at a particular time, or willing or able to transport your Items.
Through the use of web services and APIs, SENDIT NZ or the Website may interact with a range of third party service features, including the 3rd Party Payment Provider. We do not make any warranty or representation on the availability or performance of those features. Without limiting the previous sentence, if:
a third party feature provider ceases to provide that feature or ceases to make that feature available on reasonable terms, we may cease to make available that feature to you. To avoid doubt, if we exercise our right to cease the availability of a third party feature, you are not entitled to any refund, discount or other compensation; and
you use a third party service feature (e.g. the 3rd Party Payment Provider), your use is subject to you agreeing to the third party’s applicable terms of use for that feature.
Without limiting clause 3, at any time, we may change, remove or add to the features and functionality of SENDIT NZ and the Website. To the maximum extent permitted by law, your sole and exclusive remedy (or the sole and exclusive remedy of the organisation you represent, if you are an Account Member) against us for any change, removal or addition is to terminate these Terms and your access and use of SENDIT.
YOUR USE OF SENDIT NZ
You must be a registered User before you can create Listings and connect with Deliverers via SENDIT NZ.
You must be a registered Deliverer before you can respond to Listings as a Deliverer and enter into Transport Agreements with a Sender. You must not describe yourself as a Deliverer (or any similar phrase that implies you are a Deliverer) until we have confirmed to you in writing that you have been successfully registered by us as a Deliverer.
We are under no obligation to accept an application to become a User of any kind, whether as a Sender or Deliverer, even if you have previously been a User and have terminated your own membership for any reason and later decide to re-apply to become a User.
You must not create duplicate accounts. We may cancel any account we believe in good faith is a duplicate, and remove all information and Content relating to that account.
You agree to provide all information we reasonably require in connection with your registration as a User, and to provide any confirmations or make any declarations that we require, whether before or after registration.
If you do not receive confirmation that you have been registered as a User or a Deliverer (as applicable) after providing all information, confirmations and declarations required, please contact us. If we notify you that you have not been accepted as a registered User or a registered Deliverer (as applicable), you must not try to create a new account as a means of circumventing our decision.
We may require you to change your profile picture to a photo showing your true likeness at any time, if we consider in good faith that it is necessary to uphold the values of trust, transparency and accountability we hold for SENDIT NZ.
ACCEPTABLE USE OF SENDIT NZ
You must:
use SENDIT NZ in accordance with these Terms and (if applicable) the Deliverer Agreement solely for lawful purposes (including complying with the Unsolicited Electronic Messages Act 2007 and Privacy Law);
when accessing and using SENDIT NZ, comply with all policies and guidelines published by us from time to time;
not use, or attempt to use, SENDIT NZ to transport or have transported any Prohibited Items; and
not resell or make available SENDIT NZ to any third party, or otherwise commercially exploit SENDIT NZ.
You must obtain our written permission to establish a link to SENDIT NZ or the Website. If you wish to do so, email your request to support@senditnz.com.
When accessing and using SENDIT NZ, you must:
not impersonate another person or misrepresent authorisation to act on behalf of others or us;
not attempt to undermine the security or integrity of the Underlying Systems;
not use, or misuse, SENDIT NZ in any way which may impair the functionality of the Underlying Systems or impair the ability of any other user to use SENDIT NZ;
not attempt to view, access or copy any material or data other than:
that which you are authorised to access; and
to the extent necessary for you to use SENDIT NZ in accordance with these Terms and the Deliverer Agreement (if applicable to you);
neither use SENDIT NZ in a manner, nor transmit, input or store any Content, that breaches any laws (including Privacy Law) or third party right (including Intellectual Property Rights and privacy rights) or is (as determined by us in our sole discretion) Objectionable, incorrect or misleading. To avoid doubt, Objectionable, incorrect or misleading use of SENDIT NZ includes any use that promotes, supports or furthers:
hatred, bigotry, racism or physical or emotional harm of any kind against any group or individual;
harassment of any group or individual; or
obtaining money from us or from other Users by fraudulent or misleading means;
not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, SENDIT NZ or any Underlying System, or otherwise attempt to damage or interfere with SENDIT NZ or any Underlying System; and
unless with our agreement, access the App or the Website via standard operating systems only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
As part of SENDIT NZ, we may provide access to messaging functionality for Users to use. Your access and use of that messaging functionality is subject to these Terms and any additional terms, policies or guidelines posted by us on the App and/or Website.
YOUR OBLIGATIONS AS A USER
You indemnify us against all Loss we suffer or incur as a direct or indirect result of:
any actual or alleged claim by a third party (including any other User) that any Content infringes the rights of that third party (including Intellectual Property Rights and privacy rights) or that the Content is Objectionable, incorrect or misleading, including in connection with any website represented by a URL embedded or included in any Content;
any actual or alleged claim by a third party (including any designated recipient of your Items) that your use of SENDIT NZ or your conduct is Objectionable; or
your failure to comply with these Terms, the Deliverer Agreement (if applicable to you) or the terms of a Transport Agreement, including any failure of an Account Member or any other person who accesses and uses SENDIT NZ on your behalf or using your User ID.
You acknowledge and agree that we do not hold insurance cover that will respond to any claim brought against you by another User or third person. In addition to each Deliverer’s obligation to have, and maintain, vehicle insurance on the terms of the Deliverer Agreement, each User is responsible for securing any insurance that User requires or considers necessary or appropriate in connection with its use of SENDIT NZ, including insurance against loss or damage affecting that User’s Items, and insurance against accidental damage or loss affecting another person’s property.
You must not:
complete or attempt to complete a transaction relating to the transport of Items the subject of a Listing with any User outside of SENDIT NZ’s process or otherwise attempt to avoid the Fees; or
ask for or accept payment for a Job by any payment method other than payment through SENDIT NZ’s process using the 3rd Party Payment Provider.
You must promptly provide to us all information and evidence we reasonably require in order to ensure that we can comply with applicable law, including the Anti-Money Laundering and Countering Financing of Terrorism Act 2009.
Without limiting clause 9.4, if, as a Sender or a Deliverer, you transact or (in our opinion) are likely to transact more than NZD10,000 through SENDIT NZ in a consecutive 12-month period, whether in one transaction or a series of transactions that appear to us to be linked, you must promptly provide to us or our representatives or agents all information we require to comply with the Anti-Money Laundering and Countering Financing of Terrorism Act 2009. You agree that we may share that information with any third party we deem reasonably necessary for us to comply with our obligations under that Act.
As a Sender you must ensure that the designated recipient of your Items will be at the drop-off location described in your Listing, will be expecting to receive the Items, will not object to receiving the Items, and will allow the Deliverer to take a photo of the Items at the drop-off location and upload the photo to SENDIT NZ. The same applies (with all necessary amendments) where you are using SENDIT NZ to arrange for the pick-up of Items from a third party for delivery to you.
You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.
You must keep your User ID secure and:
not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
immediately notify us if you become aware of any unauthorised use or disclosure of your User ID, by sending an email to support@senditnz.com.
You are responsible for the actions of any person who accesses and uses SENDIT NZ by using a User ID originally allocated to you.
LISTINGS
If you wish to arrange for an Item to be delivered to multiple destinations, a separate Listing must be created for each destination.
When creating a Listing, you must:
provide full, complete and accurate information on the Items to be transported, including pickup and drop-off locations, Item size, Item weight, and timeframe; and
provide any additional terms and conditions that apply to the Items to be transported.
You must ensure before creating a Listing that the Items to be transported are not Prohibited Items. A Deliverer picking up an Item does not affect your responsibility in that regard.
When posting a Listing on SENDIT NZ, you warrant to us to and to every User that:
you own all Items the subject of the Listing or you otherwise have full authority to move or arrange to have moved, all such Items to the drop-off location described in the Listing (and any other location you may agree with the Deliverer who enters into a Transport Agreement with you as a result of the Listing);
the designated recipient knows that the Items will be transported to them by a Deliverer, understands and agrees that you will disclose information about them (including their name and location, and contact details if applicable) to us and to other Users in the manner contemplated by these Terms (e.g. in the Listing itself if applicable, and when you share those details with prospective Deliverers and the actual Deliverer who agrees to complete the Job), and the designated recipient understands and agrees that they are responsible for receiving the Items at the drop-off location and at the time you agree with the relevant Deliverer. The same applies (with all necessary amendments) where you are using SENDIT NZ to arrange for the pick-up of Items from a third party for delivery to you;
the Listing and the transportation of the Items in the manner contemplated by the Listing will comply with any agreements you have entered into with third parties, comply with all applicable laws, and not conflict with the rights of any third parties; and
in transporting the Items in the manner contemplated by the Listing, no person will be committing or otherwise assisting or aiding a person to commit an unlawful act.
It is your responsibility to ensure that any third party required to be at the drop-off location or the pick-up location for the Job to be completed successfully, is available to receive the Items and/or provide the Items to the relevant Deliverer, at the agreed time.
If you no longer wish for a Deliverer to transport the Items in a Listing for any reason before you have entered into a Transport Agreement, you agree to remove or suspend the Listing as soon as practicable.
You may change or revoke a Listing at any time before you have entered into a Transport Agreement. After a Transport Agreement has been entered into, you may not change or revoke a Listing, but you may cancel the Job itself in accordance with clause 15.
TRANSPORT AGREEMENTS
A binding Transport Agreement is formed between a Sender and a Deliverer for the transport of Items described in a Listing when:
a Deliverer (including a Deliverer’s Account Member, if applicable) accepts a Sender’s proposed price and terms in a Listing; or
a Deliverer offers via SENDIT NZ a price and/or terms that are different to the Sender’s proposed price and terms in the relevant Listing, and the Sender accepts the Deliverer’s offer; or
a Deliverer offers a price and/or terms that are different to the Sender’s proposed price and terms in the relevant Listing, the Sender makes a counter-offer via SENDIT NZ for a different proposed price and terms to those proposed by the Deliverer, and the Deliverer accepts that counter-offer.
A Transport Agreement ends on the earlier of the following events:
the Job is completed and the agreed price is released to the Deliverer in accordance with these Terms;
the parties to the Transport Agreement agree to cancel the Job;
one party to the Transport Agreement cancels the Job in accordance with these Terms; or
the account of one party to the Transport Agreement is terminated or suspended and the other party chooses to cancel the Job.
Expiry or termination of a Transport Agreement does not affect a User’s rights and obligations accrued in connection with that Transport Agreement before that termination.
As a Sender, you must not include or propose a price and terms in the Listing or in any counter-offer that you are not willing and able to accept.
As a Deliverer, you must not accept a Sender’s price and terms in a Listing or a counter-offer, or offer an alternative price and/or terms to a Sender, if you are not willing and able to accept that price and those terms.
The terms and conditions set out below apply to, and are included in, each Transport Agreement:
this clause 11, clause 12 and clause 14, except to the extent specifically agreed otherwise in writing between the relevant Sender and Deliverer in a manner consistent with these Terms; and
clause 15.
MINIMUM TRANSPORT AGREEMENT TERMS
All Transport Agreements are undertaken strictly on the basis that they are contracts of carriage at the owner’s risk, as defined in the Contract and Commercial Law Act 2017. This means that the Deliverer is not liable for the loss of, or damage to, any Item, except where the loss or damage is intentionally caused by the Deliverer (subject to clause 12.17). By creating a Listing you (as the Sender) agree that the relevant Items will be transported on that basis, if a Deliverer agrees to transport those Items.
As the Sender, you will be required to confirm that you accept that the transportation of the Items will be undertaken at owner’s risk as a condition to your entry into a Transport Agreement if a Deliverer responds to your Listing. You may not revoke your acceptance after it is given.
The Sender and Deliverer each warrant that the information provided in the Listing and in the communications exchanged when discussing and agreeing the Transport Agreement is complete, true and accurate.
Subject to the Deliverer’s rights under these Terms, the Deliverer must transport the Item(s) described in the Listing for the price, and otherwise on the terms, agreed in the Transport Agreement, provided that both the Sender and the Deliverer acknowledge that circumstances outside of the Deliverer’s control may prevent or delay the Deliverer from doing so.
The price agreed in the Transport Agreement is the total aggregate price payable for the Job, and includes all GST and other taxes (if any) and associated expenses.
The Sender must pay the agreed price under a Transport Agreement to the 3rd Party Payment Provider before the Items are picked up. Funds are released to the Deliverer 3 to 5 days after the Items are delivered (as evidenced by the Deliverer’s photo confirmation via SENDIT NZ) unless the Sender raises a dispute via SENDIT NZ relating to the relevant Job within that 48 hour period. The 3rd Party Payment Provider’s fees and our Fees will be deducted from the funds released to the Deliverer in accordance with these Terms and the Deliverer Agreement.
The Deliverer must complete their obligations under the Transport Agreement themselves, unless the Sender agrees otherwise in writing. If so agreed, the Deliverer remains responsible for the actions of the person to whom they subcontract their obligations.
As a Sender, if you choose to leave Items unattended at the pick-up location for the Deliverer to pick up, and/or if you agree with the Deliverer that the Deliverer can leave Items unattended at the drop-off location, you do so at your own risk.
The Deliverer must log photos via SENDIT NZ of the Items transported by them or on their behalf under a Transport Agreement, on both pick-up and delivery.
As a Sender, you warrant that:
all Items have been labelled correctly and are adequately and securely packed, including adequate wrapping and padding to protect them from damage during transport;
all Items are as described in the Listing;
you have provided the correct address for the pick-up location and drop-off location;
none of the Items are Prohibited Items; and
you understand that the Items are being transported at owner’s risk, the Deliverer is not liable for the loss of, or damage to, any Item, except where the loss or damage is intentionally caused by the Deliverer (subject to clause 12.17), and you are responsible for insuring the Items against loss or damage.
When performing obligations under a Transport Agreement, a Deliverer must act at all times with reasonable skill, care and diligence, and in accordance with all applicable law.
A Deliverer may refuse to transport an Item, and cancel the Job, if they have reasonable grounds to do so. Reasonable grounds include any of the following.
If for any reason the Items to be picked up are different to the Items described in the Listing.
If a Deliverer is asked to transport more Items than the Items described in the Listing.
If the Deliverer feels unsafe or uncomfortable for any reason in their interactions with you or at the pick-up location.
If the Deliverer requires assistance getting the Item into their vehicle and no such assistance is available when they arrive to pick up the Item.
The Deliverer no longer believes in good faith that they can fulfil their obligations under the Transport Agreement.
Photographic proof input into SENDIT NZ by the Deliverer that the Items have been delivered to the location agreed in the Transport Agreement will be sufficient evidence that the Items have been delivered in accordance with the Transport Agreement. As a Sender, you agree that unless you have specifically agreed otherwise in writing with the Deliverer before the Deliverer has picked up the Items, no form of acknowledgement from you or the designated recipient that delivery has occurred is required before the Items will be deemed to have been delivered.
To the extent permitted by law, as a Sender, you agree for the benefit of any Deliverer with whom you enter into a Transport Agreement that none of sections 274 to 281 (inclusive) of the Contract and Commercial Law Act 2017 shall apply to that Transport Agreement.
To the extent permitted by law, the Sender and the Deliverer exclude all Consequential Loss arising out of or in connection with the Transport Agreement.
To the extent permitted by law and only to the extent that clause 12.1 or 12.10e does not apply, each of the Sender’s and Deliverer’s liability to the other in connection with the Transport Agreement is capped at the agreed transport price, except as specifically agreed in the Transport Agreement.
No Deliverer will be responsible or liable to a Sender for disposing of, or destroying, an Item in the Deliverer’s possession if the Deliverer believed (acting reasonably and in good faith) that destruction or disposal in the circumstances was necessary, in order to avoid the threat of harm to any person or property.
OUR ROLE IN TRANSPORT AGREEMENTS
We are not involved in the transport of any Items. We will not take possession of the Items, and we are not a carrier or a bailee of any Items.
Deliverers contract directly with Senders to transport Items when they enter into a Transport Agreement. At no point do we agree with any person to take responsibility for any collection, transport, holding or delivery of Items.
We do not control or otherwise affect the pricing agreed between Users except to the extent our Fees and other amounts are deducted from the funds held by the 3rd Party Payment Provider in connection with a Job in accordance with these Terms and the Deliverer Agreement.
We do not hold funds on your behalf. We do not provide an escrow service and are not otherwise a trustee holding any funds on behalf of a User.
If your Item is lost or damaged as a result of a Deliverer’s actions when undertaking a Job, you agree not to claim compensation from us except by making a request under the SENDIT Protection Pool in accordance with clause 15 if you elected to participate in the SENDIT Protection Pool when creating your Listing.
A Deliverer might cause damage to, or on, your property or the property of any third party (e.g. a Sender’s designated recipient) when they pick up or deliver an Item. We are not responsible for any damage of that kind.
CLAIMS PERIOD FOR DELIVERY DISPUTES
To the maximum extent permitted by law and subject to clause 28.2, neither we nor any Deliverer is liable to you for any loss, damage, non-delivery or other issue affecting your Items the subject of a Transport Agreement unless a notice giving reasonable particulars of the alleged loss, damage, non-delivery or other issue is lodged via SENDIT NZ within 48 hours after the relevant Deliverer has confirmed via SENDIT NZ that the Items have been delivered to the agreed drop-off location. This section does not apply in the case of fraud or intentional misconduct by us or by the Deliverer.
CANCELLATION, REFUNDS AND NO-SHOWS
As a Sender, you are entitled to a full refund of any amount you have paid into the 3rd Party Payment Provider’s account in connection with a Job if, before the relevant Items are picked up by or on behalf of the Deliverer:
the Deliverer cancels the Job via SENDIT NZ for any reason other than in accordance with clause 15.4; or
you cancel the Job via SENDIT NZ for any reason.
As a Sender, you will be refunded the amount you have paid into the 3rd Party Payment Provider’s account in connection with a Job, less the payment processing and other fees charged by the 3rd Party Payment Provider, if you cancel a Job via SENDIT NZ in accordance with these Terms after the Deliverer has confirmed via SENDIT NZ that the Items have been picked up in accordance with the relevant Transport Agreement but before the Deliverer has confirmed the Items have been delivered to the agreed drop-off location, unless the Deliverer can show that they have completed the Job in accordance with the agreed terms. We are not responsible for making up any shortfall if a refund is processed in this situation and the fees charged by the 3rd Party Payment Provider are not refunded to you.
As a Deliverer, if a Sender cancels a Job in the circumstances described in clause 15.2, or if you cancel the Job for any reason after you have picked up the Items, you agree to return the relevant Items to the pick-up location as soon as reasonably practicable, and that no compensation is payable to you as the Deliverer for that Job in those circumstances.
If a Deliverer arrives at the agreed pick-up location for a Job and the Sender is not present, or the Sender has not otherwise arranged for the relevant Items to be available, at that location within 10 minutes after the agreed pick-up time, the Deliverer may cancel the Job on the grounds that the Sender is a no-show, in which case:
if you are the Sender, you will be refunded the amount you have paid into the 3rd Party Payment Provider’s account in connection with that Job, less (i) the payment processing and other fees charged by the 3rd Party Payment Provider; and (ii) a cancellation fee in an amount equal to the greater of (A) NZD5.00 and (B) 25% of the agreed price for that Job. We are not responsible for making up any shortfall if a refund is processed in this situation; and
if you are the Deliverer, an amount representing 25% of the agreed price for that Job will be released to you from the funds held by the 3rd Party Payment Provider in connection with that Job.
Users must use the ability to cancel Listings and Jobs in good faith, and must not use cancellations to manipulate the SENDIT NZ process, circumvent our Fees, or unfairly deprive a Deliverer of payment for the agreed price when they have fulfilled, or are fulfilling, their obligations under a Transport Agreement.
We may enquire into the circumstances of any cancellation of a Listing or a Job, and any pattern we see or suspect of repeated cancellations. You must promptly provide all information and assistance that we reasonably request in connection with any enquiry of that kind.
We may review, suspend or terminate the account of any User that we reasonably suspect of cancelling Jobs or Listings, or raising disputes, other than in accordance with, or in the spirit of, these Terms, including where a User repeatedly cancels Listings or Jobs or repeatedly raises disputes.
SENDIT PROTECTION POOL
The SENDIT Protection Pool is not insurance and provides no guaranteed payout. We retain discretion over whether to accept or decline a request.
Participation is opt-in and priced per individual Job.
Our making the SENDIT Protection Pool available to Users is not an indication to you or any other person that we accept any obligation to compensate you (or any other person) for any loss or damage you might incur by accessing or using SENDIT NZ, except as specifically described in these Terms.
To be eligible to participate in the SENDIT Protection Pool:
as a Sender you must have chosen to participate in the pool via SENDIT NZ when creating a Listing;
the property the subject of a request must not be a Prohibited Item;
the relevant Items, or the loss or damage the subject of a request under the SENDIT Protection Pool, must not be excluded from coverage in accordance with these Terms;
the declared value of the relevant Items given at the time the Sender chose to participate in the SENDIT Protection Pool must be truthful and reasonable;
the Deliverer must have uploaded pick-up and (if applicable in the circumstances) drop-off photos of the relevant Items via SENDIT NZ in accordance with these Terms;
as a Sender, you must submit a request within 48 hours after the Deliverer confirmed delivery of the relevant Items via SENDIT NZ; and
the Sender must provide all evidence we reasonably require of the loss or damage the subject of the request.
The SENDIT Protection Pool is subject to the coverage tiers and pricing terms set out in SENDIT NZ and at http://www.senditnz.com/fees, as may be updated from time to time.
The maximum amount of compensation available under the SENDIT Protection Pool is capped according to the tier of protection chosen by the relevant Sender, provided that in no event will an amount greater than NZD2,000 be available as compensation under the SENDIT Protection Pool, regardless of the value of the Items involved in a request.
Participation in the SENDIT Protection Pool is subject to the following conditions:
you agree that our decision is final. We will act reasonably and in good faith when considering any request, but the decision to pay out any request from the SENDIT Protection Pool remains at our discretion;
you must have acted in good faith in fulfilling your own obligations under the relevant Transport Agreement and in making the request; and
without limiting the discretionary nature of the SENDIT Protection Pool, exclusions apply to the kinds of Items, and the kinds of loss or damage, that may be the subject of compensation paid out under the SENDIT Protection Pool, including the Items and loss or damage set out below, as may be updated from time to time.
Items with a value greater than NZD2,000.
Minor cosmetic damage.
Consequential Loss.
Loss or damage caused or contributed to by inadequate packing, wrapping or labelling, by a Sender’s failure to comply with these Terms, or by a breach of any warranty given by the Sender under clause 10.4.
Loss or damage caused or contributed to by an incorrect drop-off address provided to the relevant Deliverer.
Items left unattended at pick-up or drop-off locations by the Sender or with the Sender’s agreement.
Loss or damage caused or contributed to by weather.
Without limiting the discretionary nature of the SENDIT Protection Pool, we may decline any request where we believe in good faith that:
the evidence contradicts the request;
insufficient evidence has been provided to support the request;
the declared value of the relevant Items was not accurate; or
the request is not genuine, including if we think the request has been submitted for purposes that include manipulating SENDIT NZ’s process, or the SENDIT Protection Pool, to gain an unfair advantage.
Without limiting our other rights and remedies available under these Terms or applicable law, we may terminate or suspend the account of any User who has submitted one or more SENDIT Protection Pool requests without basis, or who we believe has not used the SENDIT Protection Pool in good faith.
APPS
You must not:
make or distribute copies of any App;
decompile, disassemble, reverse engineer or otherwise attempt to derive the source code of any App from object code except to the extent expressly permitted by applicable law or treaty despite this limitation;
sell, rent, lease, license, sublicense, resell, display, time share, grant a security interest over, outsource or otherwise transfer any App, or permit the use of any App by any third party; or
modify, adapt or translate any App, or merge all or any part of any App with any other software or source code without the Supplier’s prior written consent.
OUR FEES
Our fees represent a percentage of the agreed price for a Job, which is automatically deducted from the Deliverer’s payout when funds are released to the Deliverer on completion of a Job.
As a Deliverer, you authorise us to instruct the 3rd Party Payment Provider to deduct our Fees in the manner described above.
To the maximum extent permitted by law but subject to clause 28.2, our Fees are non-refundable unless we agree otherwise with you in writing (in our sole discretion). If a Sender and a Deliverer agree to the refund or reversal of a payment relating to a Transport Agreement in respect of which our Fee has been paid to us, we are not responsible for making up any shortfall unless we agree otherwise in writing (in our sole discretion).
We may increase the Fees from time to time by updating the Fees on www.senditnz.com/fees. If you are a Deliverer, the most recent Fees will be displayed to you prior to entering into a Transport Agreement via SENDIT NZ. If you do not wish to pay the increased Fees, you may choose not to respond to Listings as a Deliverer, and/or terminate your account. If you enter into a Transport Agreement after the effective date of the increase, you are deemed to have accepted the increased Fees.
SENDIT PRO SUBSCRIPTION
SENDIT Pro is an optional paid subscription available to eligible Deliverers who meet our verification and eligibility requirements from time to time.
The current SENDIT Pro subscription price is NZ$39.99 per month, including GST. This price is shown in the App before you subscribe and may change in future on notice as permitted by these Terms and applicable law. We will not retroactively alter the price for a billing period you have already paid for.
SENDIT Pro is billed monthly on a recurring basis. There is no free trial. Your subscription automatically renews each month until you cancel.
You may cancel SENDIT Pro at any time through the subscription management options made available in the App (including via the Stripe customer portal). Cancellation takes effect at the end of your current paid billing period. Your Pro benefits continue until the effective end of that paid period.
Cancelling SENDIT Pro stops renewal at the end of the paid period. Fees already charged for that period are not automatically refunded or credited solely because you cancel before the period ends. Refunds or credits remain subject to applicable New Zealand law and any express SENDIT decision or policy. If you believe a billing error has occurred, contact SENDIT support. Nothing in this clause excludes your non-excludable rights under New Zealand law.
Stripe processes SENDIT Pro subscription payments, payment methods and invoices on our behalf as the 3rd Party Payment Provider. We do not store your full payment card details.
The initial SENDIT Pro plan benefits (while you have an active server-authoritative Pro entitlement) are: Standard SENDIT commission on completed delivery earnings: 15%; Pro SENDIT commission on completed delivery earnings: 10%; Standard SENDIT payout hold on delivery earnings: 96 hours; Pro SENDIT payout hold on delivery earnings: 48 hours.
Pro benefits apply only while you have an active Pro entitlement as determined by SENDIT's systems. The SENDIT commission applicable to a particular delivery is determined and snapshotted by SENDIT's platform rules at the authoritative payment point for that delivery. Later membership changes do not retroactively alter a delivery whose commission has already been snapshotted.
Payout timing remains subject to disputes, payment-provider availability, verification or compliance holds, banking and payment network timing, and any separate or manual driver arrangement notified by SENDIT. A separate or manual driver-specific arrangement may take precedence over the general plan defaults described above.
SENDIT Pro does not change your independent contractor status, your relationship with Senders, or the terms of any Transport Agreement between you and a Sender.
3RD PARTY PAYMENT PROVIDER
You acknowledge that our 3rd Party Payment Provider has separate terms applicable to processing payments, and you are responsible for reading and accepting those terms.
If you use the 3rd Party Payment Provider as, or on behalf of, a Sender or Deliverer, you agree to the following:
you are bound by the 3rd Party Payment Provider’s terms of service and privacy policy. For Stripe, Inc., as at the date these Terms were last updated, the terms of service and privacy policy are available here;
you must provide accurate payment information to the 3rd Party Payment Provider, including updating the information to keep it current;
all payments and/or monetary transactions are handled by the 3rd Party Payment Provider, and not us. We do not access, store or handle any payment information (including payment card information or banking credentials) provided by you to the 3rd Party Payment Provider except for limited information necessary for the purpose of operating SENDIT NZ, including payment reconciliation, dispute handling and compliance activities. That limited information includes transaction amounts, payment status information, timestamps and identifiers associated with payments; and
if you have an issue with any payments and/or monetary transactions, you will need to resolve that issue directly with the 3rd Party Payment Provider;
despite anything to the contrary in these Terms, to the maximum extent permitted by law, we are not responsible or liable for:
any payment and/or monetary transaction made using the 3rd Party Payment Provider;
the 3rd Party Payment Provider’s service, including any processing failure and resulting Loss to you; and/or
confirming any payment made using the 3rd Party Payment Provider.
TAX
Except for the GST included in our Fees, you are solely responsible for calculating, and paying, tax on all goods and services relating to your purchase or supply of transport services in connection with your use of SENDIT NZ.
We are only responsible for providing access to third party payment processing services operated by the 3rd Party Payment Provider via SENDIT NZ.
We take no responsibility for the correct tax rate being applied to any supply made by or to you in connection with your use of SENDIT NZ, other than in relation to the GST included in our Fees.
We cannot advise you on how to apply the correct tax rate for any supply of transport services.
CONTENT
We retain complete editorial control over SENDIT NZ and all other digital platforms operated or controlled by us. Even where we indicate that some Content may not be publicly available, we reserve the right, at our sole discretion, to do (or engage contractors, subcontractors or other service providers to do) any of the following at any time and for any reason connected to our operation of SENDIT NZ, subject only to our obligations under applicable law (including Privacy Law).
Refuse to publish any Content.
Access, review, store and disclose any Content.
Moderate, edit, remove or withdraw any Content.
Take any other action with respect to any Content, and the User responsible for that Content, that we consider reasonably necessary to satisfy any applicable law, legal process or governmental request, to enforce these Terms or the Deliverer Agreement (if applicable) including investigating suspected or potential violations, to protect the rights, property, privacy or safety of us, our Users, or the public, or otherwise to maintain the integrity of SENDIT NZ and the App or Website.
Despite clause 21.1, to the maximum extent permitted by law, we accept no responsibility for monitoring any communications between Users via SENDIT NZ.
Title to, and all Intellectual Property Rights in, the Content (as between you and us) remains your property. You grant us a worldwide, non-exclusive, fully paid up, transferable and irrevocable licence to use, store, copy, modify, make available and communicate the Content for any purpose in connection with the exercise of our rights and performance of our obligations in accordance with these Terms and the Deliverer Agreement (if applicable to you).
Without limiting clause 21.1, you acknowledge and agree that:
we may:
use Content and information about your use of SENDIT NZ to generate anonymised and aggregated statistical and analytical data (Analytical Data);
use Analytical Data for our internal research, analytical and product development purposes, to conduct statistical analysis and identify trends and insights (on an anonymised and aggregated basis) and for our internal reporting requirements; and
supply Analytical Data to third parties;
our rights under clause 21.4a will survive termination of these Terms and the Deliverer Agreement (if applicable to you); and
title to, and all Intellectual Property Rights in, Analytical Data is and remains our property.
You are responsible for procuring all licences, authorisations and consents required for you to access and use SENDIT NZ, including to use, store and input Content into, and display Content using, SENDIT NZ.
You must ensure you have obtained all necessary consents for us to access, collect, hold, process and distribute the Content as described in these Terms and the Deliverer Agreement (if applicable to you).
Your obligations under clauses 21.5 and 21.6 include (i) securing the consent of any person whose personal information you include in any Content or otherwise share with us or with any User, in the course of creating a Listing, entering into a Transport Agreement, completing a Job, and otherwise exercising your rights and performing your obligations under these Terms or the Deliverer Agreement (if applicable to you); and (ii) providing the notices set out in clause 25.2 to any such person.
While we will use reasonable endeavours to back up all Content stored using SENDIT NZ, you must keep separate and regular back-up copies of all Content uploaded by you onto SENDIT NZ.
RATINGS, REVIEWS AND OTHER COMMUNICATIONS
In addition to your other obligations under these Terms, you agree to comply with the following obligations when adding comments, leaving a review relating to a Job or Listing, rating a User, or otherwise commenting publicly via SENDIT NZ on a User:
you must use reasonable endeavours to ensure that those communications are accurate;
those communications must be made in good faith; and
those communications must be written using language appropriate for a publicly accessible online platform.
You agree that all communications via SENDIT NZ are, or may be, publicly-available unless specifically stated otherwise on SENDIT NZ, and we may display them on SENDIT NZ with whatever prominence and in whatever form we choose.
OUR INTELLECTUAL PROPERTY
Other than your Content, we (and our licensors) own all proprietary and Intellectual Property Rights in SENDIT NZ and the Underlying Systems, including all information, data, text, graphics, artwork, photographs, trade marks, logos, icons, sound recordings, videos and look and feel, and including any modification, enhancement or derivative work of any of the foregoing.
You may not use our branding or logos or other Intellectual Property, or our name or the name of SENDIT NZ, except as permitted by these Terms or otherwise with our prior written consent (which, to avoid doubt, we may withhold, or give subject to conditions, at our sole discretion).
If you provide us with ideas, comments or suggestions relating to SENDIT NZ or the Underlying Systems (together feedback):
all Intellectual Property Rights in that feedback, and anything created as a result of that feedback (including new material, enhancements, modifications or derivative works), are owned solely by us; and
we may use or disclose the feedback for any purpose.
ORGANISATION ACCOUNTS
We may introduce functionality to SENDIT NZ that allows Users to designate an individual User as an administrator with control over an organisation User’s account, including the right to connect individual Users to that organisation and manage those individual Users (i.e. Account Members, including the administrator themself) and that User’s Content. The relevant User is fully responsible for its Account Members, including its choice of administrators and any actions they take. Any breach of these Terms by an organisation’s Account Member will be deemed a breach of these Terms by the organisation User itself.
When dealing with any person representing or purporting to represent a Sender or Deliverer that is an organisation in relation to SENDIT NZ, we, and each User, may rely on the directions, actions and statements of any person we or the relevant User reasonably believe to be an administrator with control over a Sender’s or Deliverer’s account, or otherwise reasonably believe to be an Account Member with authority to represent that organisation, without any obligation to enquire into that person’s authority.
You acknowledge that if you are an Account Member accessing or using SENDIT NZ in connection with an organisation that has a separate account:
the administrator controlling that organisation’s account may be able to (i) access, disclose, restrict or remove your Content and/or your access to that organisation’s Content; (ii) access and disclose information about your account and activity on SENDIT NZ; and (iii) restrict or terminate your access to SENDIT NZ functionality or to the organisation’s account;
if the organisation with whom you are connected terminates these Terms or the Deliverer Agreement (as between us and that organisation), and cancels its account, your account will be terminated on the same date;
certain rights and obligations under these Terms or the Deliverer Agreement in connection with your account, or the organisation Sender’s or Deliverer’s account, may only be exercised or performed by the administrator controlling that Sender’s or Deliverer’s account. We may also provide any notifications to you for the purposes of these Terms, the Deliverer Agreement (if applicable) or the Privacy Policy by sending notices to the account we believe to be the relevant organisation’s administrator; and
we may share any communications and information received or obtained from you with representatives of the organisation with whom you are connected.
Any references to you or similar words in these Terms, the Deliverer Agreement (if applicable), the Privacy Policy and any other policies and guidelines published by us will be construed, and amended, as necessary to give effect to clauses 24.1 and 24.3.
PRIVACY
Except as specified in these Terms (including under clauses 2.1, 7.5, 7.7, 9.4 and 9.5) and any requirements of the Deliverer Agreement (if applicable to you), you are not required to provide personal information to us, although in some cases if you choose to not do so then we will be unable to make certain functions of SENDIT NZ available to you. For example, SENDIT NZ needs to access a Deliverer’s location information in order to confirm pick up and drop-off locations.
As a Sender, you must notify any person involved in a Job (e.g. a designated recipient of Items in your Listing) that we will collect their personal information that you share with us for the purposes of providing SENDIT NZ to you, and facilitating the relevant Job being completed. Your obligation under this clause includes notifying each such person:
that you will be sharing their personal information with us, and with prospective Deliverers and the actual Deliverer who agrees to do the relevant Job;
that we may use that information, and disclose it to third parties, on the terms set out in these Terms, the Deliverer Agreement (if applicable to you) and our Privacy Policy; and
that if they have any questions, or they wish to access and correct the personal information about them that we hold, they can refer to our Privacy Policy or contact us directly at privacy@senditnz.com.
When you provide personal information to us, we will comply with the New Zealand Privacy Act 2020 and with our Privacy Policy set out at www.senditnz.com/privacy.
By using SENDIT NZ you agree that we may collect, access, use, store, process and disclose the personal information you make available to us, via SENDIT NZ or otherwise, in accordance with these Terms and our Privacy Policy, and the Deliverer Agreement (if applicable to you).
You must, and if applicable must ensure that your personnel and Account Members (if applicable), only collect, use and disclose personal information made available to you in connection with your use of SENDIT NZ strictly for the purpose of exercising your rights or performing your obligations under these Terms and the Deliverer Agreement (if applicable) in accordance with those documents, and in accordance with all Privacy Law and your own privacy policies or statements, if any (to the extent not incompatible with Privacy Law), and only retain any other person’s personal information for so long as it is reasonably necessary to exercise those rights and perform those obligations.
Without limiting clause 25.5, if we share information about another User with you under clause 30, you must only use that information for the purpose of resolving the relevant User Dispute and must not use it, or disclose it to any other person, for any other purpose.
We recommend you avoid, as much as possible, including personal information in any Listing or any other Content, including any photos you may take as a Deliverer when confirming the pick-up or drop-off of any Items.
You must promptly provide us with any assistance or information we reasonably require for the purposes of investigating and/or addressing any actual or suspected unauthorised use or disclosure of personal information, or any other breach of this clause 25.
iOS APP FLOW THROUGH TERMS
This clause 26 applies if you download, install, access or use an iOS version of an App (i.e. an App for use with iPhones, iPads and other Apple devices).
We and you acknowledge that these Terms are concluded between us and you, and not with Apple, and we, not Apple, are solely responsible for the App and the content thereof. Nothing in these Terms limits or supersedes the Apple Media Services Terms and Conditions or the Volume Content Terms (available at http://www.apple.com/legal/internet-services/itunes/us/terms.html and https://www.apple.com/legal/internet-services/itunes/vppbusiness/ph/terms.html).
The licence granted to you for the App is limited to a non-transferable licence to use the App on any Apple-branded Products that you own or control and as permitted by the usage rules set forth in the Apple Media Services Terms and Conditions.
We are solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms or as required under applicable law. We and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty:
you may notify Apple, and Apple will refund the purchase price for the iOS version of the App to you; and
to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
We and you acknowledge that we, not Apple, are responsible for addressing any of your claims or any third party claims relating to the App or your possession and/or use of that App, including, but not limited to:
product liability claims;
any claim that the App fails to conform to any applicable legal or regulatory requirement; and
claims arising under consumer protection, privacy or similar legislation.
We and you acknowledge that nothing in these Terms limits our liability to you beyond what is permitted by applicable law.
We and you acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that you are not located in a region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” region and you are not listed on any U.S. Government list of prohibited or restricted parties.
You must comply with applicable third party terms when using the App and SENDIT NZ (e.g. your wireless data service agreement and any terms that Apple itself imposes on app users).
We and you acknowledge and agree that Apple, and any Apple subsidiary, are third party beneficiaries of the terms in this clause 26 and that Apple has the right to enforce the terms in this clause 26 against you as a third party beneficiary.
Questions, complaints or claims with respect to the App should be directed to us at support@senditnz.com.
DISCLAIMERS
To the extent permitted by law and subject always to clause 28.2, we have no liability or responsibility to you or any other person for any Loss in connection with:
the failure of any User to comply with these Terms, the Deliverer Agreement or a Transport Agreement;
the conduct, whether online or offline, of any person using SENDIT NZ (including your own conduct). You must exercise all necessary precautions when communicating with, and/or meeting other Users you connect with through SENDIT NZ;
SENDIT NZ being unavailable (in whole or in part) or performing slowly;
any error in, or omission from, any information made available through SENDIT NZ;
any exposure to viruses or other forms of interference which may damage your computer system or mobile device or expose you to fraud when you access or use SENDIT NZ. To avoid doubt, you are responsible for ensuring the process by which you access and use SENDIT NZ protects you from this; and
any site linked from SENDIT NZ. Any link on SENDIT NZ to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
All data and content (including Content) made available to you through your use of SENDIT NZ is the sole responsibility of the person from whom that data or Content originated, and we are not responsible for it (or any errors or omissions in it). We do not accept any obligation to monitor Users, Content, or other data.
To the extent permitted by law and subject always to clause 28.2:
we make no representation concerning the quality of SENDIT NZ and do not promise that your use of SENDIT NZ will be secure, uninterrupted or error free;
except for those conditions, guarantees and warranties that apply under New Zealand consumer protection law and that cannot legally be modified or excluded, SENDIT NZ is provided as is and as available without warranty of any kind, either express or implied; and
all other conditions, guarantees or warranties whether expressed or implied by statute or otherwise are expressly excluded and, to the extent that they cannot be excluded but liability for breach of any such condition, guarantee or warranty can be limited, liability for them is limited on the terms set out in clause 28.2.
All transport and related arrangements entered into by you through SENDIT NZ are carried out entirely at your own risk. We exclude to the fullest extent permitted by applicable law all liability for any Loss arising out of or in any way connected with any arrangements that you may have made with another User.
You acknowledge that we do not monitor or verify Users, nor do we control, inspect, endorse, approve or check the transport services provided by Deliverers, any Item the subject of a Listing, or the accuracy, currency, truth or completeness of the information provided by Users, and it is your responsibility to do so. We make no warranty or representation as to the conduct of any User or in relation to any Content.
LIABILITY
To the maximum extent permitted by law and subject always to clause 28.2:
you access and use SENDIT NZ at your own risk; and
we are not liable or responsible to you or any other person for any Loss under these Terms or the Deliverer Agreement, or in connection with SENDIT NZ or your access and use of (or inability to access or use) SENDIT NZ. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any other consumer protection law that cannot legally be excluded. To the extent our liability to you under or in connection with these Terms, the Deliverer Agreement and/or your access and use of SENDIT NZ for any breach of a condition, warranty or guarantee that applies under any consumer protection law cannot legally be excluded but can be limited, our liability to you will be limited (at our option) to:
supplying the relevant service again so that it meets the condition, warranty or guarantee; and/or
paying the costs of having the relevant service supplied again.
To the maximum extent permitted by law and only to the extent clauses 14, 28.1 and 28.2 of these Terms do not apply:
our total liability to you in connection with these Terms, the Deliverer Agreement (if applicable) or SENDIT NZ, whether in contract, tort (including negligence), breach of statutory duty or otherwise, will not exceed the greater of (i) the amount of Fees paid by you to us for the service giving rise to the claim; and (ii) NZD50.00; and
we will not be liable to you under or in connection with these Terms, the Deliverer Agreement (if applicable) or SENDIT NZ for any Consequential Loss.
Clauses 28.1 to 28.3 do not apply to limit:
our liability under or in connection with these Terms, the Deliverer Agreement (if applicable) or SENDIT NZ:
for personal injury or death; or
for our own fraud or wilful misconduct; or
any liability that cannot be excluded by law.
SUSPENSION AND TERMINATION
Without limiting any other right or remedy available to us, we may restrict or suspend your access to SENDIT NZ if we consider that you have:
undermined, or attempted to undermine, the security or integrity of SENDIT NZ or any Underlying Systems;
used, or attempted to use, SENDIT NZ for improper purposes;
used, or attempted to use, SENDIT NZ in a manner, other than for normal operational purposes, that materially reduces the operational performance of SENDIT NZ;
transmitted or stored any Content that breaches or may breach these Terms or any third party right (including Intellectual Property Rights and privacy rights), or that is, or may be, Objectionable, incorrect or misleading;
otherwise materially breached these Terms or the Deliverer Agreement; or
engaged in conduct that is inconsistent with the values of trust, transparency and accountability we hold for SENDIT NZ.
Despite any other provision of these Terms, we may also terminate your access to and use of SENDIT NZ on reasonable written notice to you, if we decide to cease operating SENDIT NZ, or if we decide to release a new version of SENDIT NZ under different terms.
You may terminate these Terms and the Deliverer Agreement (if applicable) and your right to access and use SENDIT NZ at any time by ceasing to use SENDIT NZ and by deleting your account.
Subject to clause 11 and the terms of the relevant Transport Agreement, withdrawal, suspension, cancellation or termination of a User’s access to SENDIT NZ will not affect the validity of any Transport Agreement between the affected User and any other User, and will not affect any User’s rights or obligations under any such agreement accrued before that withdrawal, suspension, cancellation or termination.
Termination of these Terms or the Deliverer Agreement (if applicable) does not affect your or our rights and obligations that accrued before that termination.
On suspension or termination of your access to SENDIT NZ, you must immediately cease using SENDIT NZ and must not attempt to gain further access (except, in the case of a suspension, if and when we lift the suspension).
If these Terms, and your right to access and use SENDIT NZ are terminated under this clause, we will close your account (and the accounts of any of your Account Members if applicable) on the effective date of termination. We will also remove any Listings that you have created and that have not been completed as Jobs.
We may communicate the fact that your account has been terminated or suspended to another User or their representatives where reasonably necessary in connection with any Listing, Transport Agreement, User Dispute or similar arrangement contemplated by these Terms. You authorise us to do so.
No compensation is payable by us to you as a result of termination of these Terms or the Deliverer Agreement (if applicable) for whatever reason.
Clauses which, by their nature, are intended to survive termination of your right to access and use SENDIT NZ, including clauses 1, 2.2, 5.3, 5.5, 9.1, 9.2, 9.4, 9.5, 10.4, 11, 12, 13, 14, 15, 16, 18.2, 18.3, 19, 20, 21, 22.2, 23, and 24 through 31 (inclusive), continue in force.
USER DISPUTES
If you have a dispute with another User, whether relating to any Transport Agreement, Listing, communication or otherwise, you must resolve that dispute with the other User directly.
If you have a dispute with another User, you authorise us to provide your contact details to the other User to enable you and them to discuss and attempt to resolve that dispute (even if that other User has not advised you of the dispute). Where you have raised the dispute with us, you also authorise us to provide the other User with the details of the dispute.
Without limiting our rights under these Terms, we will only get involved in any dispute between Users if we decide to. We accept no responsibility to resolve, or otherwise engage in, any User Dispute unless we choose to involve ourselves, or unless (and only to the extent that) one of the parties to the dispute claims that we have breached our own obligations under these Terms or applicable law.
If we choose to involve ourselves in a User Dispute, you agree to provide us with all co-operation and information we reasonably request in relation to the User Dispute.
If you cannot resolve the User Dispute directly, you are responsible for taking any legal action that you consider appropriate against the relevant User to resolve that User Dispute and without reference to us.
Without limiting the remainder of this clause, except for the provision of dispute and contact details under clause 30.2, to the maximum extent permitted by law, we accept no obligation to supply any information, express any view, provide any assistance, or otherwise be involved, in a User Dispute.
GENERAL
We are not liable to you for any failure to perform our obligations under these Terms or the Deliverer Agreement (if applicable to you) to the extent caused by an event that is beyond our reasonable control.
If we need to contact you, we may do so by email or by posting a notice on SENDIT NZ. You agree that this satisfies all legal requirements in relation to written communications.
These Terms, the Deliverer Agreement (if applicable to you), and any dispute relating to these Terms, the Deliverer Agreement or SENDIT NZ generally, are governed by and must be interpreted in accordance with the laws of New Zealand. You and we submit to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms, the Deliverer Agreement or SENDIT NZ.
Nothing expressed or implied in these Terms or the Deliverer Agreement creates or will be deemed to create any partner, agent, joint venture, employment or similar relationship. To avoid doubt, we do not contract with Users to provide transport services, we are not an agent of any Deliverer or Sender, and Deliverers are not our subcontractors for the purposes of those transport services. Senders and Deliverers contract directly with each other on the terms contemplated by these Terms.
Your account with SENDIT NZ (including all ratings and other feedback associated with your account) is personal to you. Except as specifically permitted by these Terms, you may not assign, novate, subcontract or transfer any right or obligation under these Terms or the Deliverer Agreement (if applicable to you) without our prior written consent, that consent not to be unreasonably withheld. You remain liable for your obligations under these Terms and the Deliverer Agreement (if applicable) despite any approved assignment, subcontracting or transfer. These Terms and the Deliverer Agreement (if applicable) will be binding on, inure to the benefit of, and be enforceable by the parties and their permitted assigns.
Except as contemplated by these Terms or the Deliverer Agreement (if applicable to you), no person other than us and you has any right to a benefit under, or to enforce, these Terms or the Deliverer Agreement. We and you acknowledge and agree that each User with whom you enter into a Transport Agreement is a third party beneficiary of the terms in clauses 11, 12, 14 and 15, and may enforce those terms against you as a third party beneficiary. The same applies to clause 24.2, and to any warranties given by you to any User under these Terms, including under clause 12.10.
For us to agree to any variation proposed by you or on your behalf to these Terms, the Deliverer Agreement, the Privacy Policy, the Prohibited Items Policy, or any other policy or guideline published by us, that variation agreement must be in writing and signed by us.
For us to waive a right under these Terms or the Deliverer Agreement, that waiver must be in writing and signed by us.
If any part or provision of these Terms or the Deliverer Agreement is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy that illegality, unenforceability or invalidity on terms that reflect, to the extent possible, a similar effect as the illegal, unenforceable or invalid part or provision, having regard to the remainder and purpose of these Terms and the Deliverer Agreement (as applicable). If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms and the Deliverer Agreement (as applicable). The remainder of these Terms and the Deliverer Agreement (if applicable) will be binding on you.
These Terms, all SENDIT NZ policies and guidelines, and (if you are a Deliverer) the Deliverer Agreement set out everything agreed between you and us relating to your use of SENDIT NZ, and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. To avoid doubt, no purchase, procurement or other business form or standard terms used by a User will supersede or otherwise apply to the agreement between us and that User without our express prior written agreement. Nothing in this clause limits or excludes any rights or remedies you may have under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any other laws that cannot legally be excluded.