General Terms of Service

This Site is owned by Niche Consulting Group Limited 3510055 trading as Niche Freelance Experts (”Niche Freelance”, “Niche”). Please carefully read the following documents as they contain important information about your legal rights, remedies and obligations:

  1. These General Terms of Service (General Terms);
  2. The Consultant Terms of Service (Consultant Terms), if you are accessing or using the Site and all associated Niche Freelance Services (collectively, the Niche Freelance Platform) as a Consultant;
  3. The Client Terms of Service (Client Terms), if you are accessing or using the Site and all associated Niche Freelance Services as a Client; and
  4. Our Privacy Policy,

(collectively, “Applicable Terms”).

By accessing or using the Niche Freelance Platform, you agree, and undertake in favour of Niche Freelance to comply with and be bound by these General Terms of Service.

Last Updated: 23 April 2020

These General Terms constitute a legally binding agreement (“Agreement“) between you and Niche Freelance (as defined below) governing your access to and use of the Niche Freelance Platform and the Niche Freelance Services. Our Privacy Policy and other policies applicable to you or your use of and access to the Niche Freelance Platform are incorporated by reference into these General Terms.

Capitalised terms contained in these General Terms have the meanings given to them in clause 16 of these General Terms, unless the context otherwise requires.

  1. Scope of the Niche Freelance Services
    1. The Niche Freelance Platform is an online marketplace that enables Members and certain third parties who offer or require Legal Services to place a Listing or publish such Legal Services on the Niche Freelance Platform and to communicate and transact directly with Members that are seeking an appropriate provider or providers of such Legal Services. Niche Freelance does not provide or offer to provide Legal Services.
    2. You acknowledge that as the provider of the Niche Freelance Platform, Niche Freelance does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Legal Services. Consultants alone are responsible for their Listings and Consultant Services. When a Client and a Consultant agree to Engage the Consultant to provide the Consultant Services to the Client, they are entering into a contract directly with each other in respect of that Engagement. We are not and do not become a party to or other participant in any contractual relationship between those Members in respect of the Engagement. Nor are we acting as an agent or in any other capacity for any Member in relation to the creation, sale, offer, provision or supply of any Listings or Legal Services.
    3. As part of the Niche Freelance Services, we may assist in processing payment of the Engagement Fees by using a third party service provider for Payment Processing Services. Currently, we use Stripe Payments as our third party service provider for Payment Processing Services.
    4. You acknowledge that (a) Niche Freelance and Stripe Payments are independent entities and do not have any partnership, agency, or employment relationship; and that (b) Stripe Payments have agreed to provide the Payment Processing Services, subject to the Stripe Payments End User Terms.
    5. By registering as a Consultant or Client on the Niche Freelance Platform: (a) you agree to engage Niche to provide you with the Niche Freelance Services (including the provision of the Payment Processing Services via Stripe Payments); and additionally (b) you agree to be bound by and undertake to adhere and comply with the Stripe Payments End User Terms and the Stripe Payments Privacy Policy (which are located at https://stripe.com/au/privacy).
    6. In order to provide the Payment Processing Services, Stripe Payments may require an account to be created for you and may charge you a fee for registering an account with Stripe Payments or using the Payment Processing Services, in addition to any fees or charges that may be imposed or charged by Niche Freelance. The fee to be charged by Stripe Payments for registering an account or using the Payment Processing Services are set out here; https://stripe.com/us/connect/pricing. You acknowledge that Niche Freelance does not have access to or manage your account with Stripe and that you are solely responsible for creating an account with Stripe Payments, managing that account, any use of and access to that account and payment of any fees or charges that may be invoiced by Stripe Payments to you, or otherwise payable by you to Stripe Payments.
    7. Additionally, you are also responsible for any penalties or fines imposed on you or Stripe Payments by any bank, money services business, payment network, or other financial intermediary (each a “Financial Services Provider”) resulting from your use of Payment Processing Services in a manner not permitted by this Agreement, the Stripe Payment End User Terms or a Financial Services Provider’s rules and regulations.
    8. By registering as a Consultant or Client on the Niche Freelance Platform, you consent and authorise Niche Freelance and Stripe Payments to: (a) share and disclose with one another any information and payments instructions you provide with one another; (b) connect your Niche Freelance Account with the Stripe Payments account created by or for you and, to the extent required to complete your transactions, with any third party service provider(s).
    9. Additionally, by registering as a Consultant or Client on the Niche Freelance Platform, you authorise, and agree to allow, Stripe Payments to collect, use, retain, and disclose any information that you provide to Us or Stripe Payments, including information that Stripe Payments or Niche Freelance may collect directly using cookies or other similar means.
    10. You acknowledge that you are solely responsible for any information or data provided by you directly to Stripe Payments as part of the standard onboarding process. Additionally, you are solely responsible and liable to Stripe Payments for all transactions (including charges), disputes, refunds, claims, fines, or use of the Payment Processing Services in a manner prohibited under the Stripe Payments End User Terms or for any of your breach of the Stripe Payments End User Terms.
    11. We do not endorse any Member, Listing, Member Content, Review, Rating or Consultant Services. Any references to a Member being “verified” (or similar language) only indicate that the Member has completed a relevant verification or identification process required prior to their registration as a Member and nothing else. Any such description is not an endorsement, approval, recommendation, certification or guarantee by us about any Member, including of the Member’s identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to Engage the relevant Consultant, to accept the offer of Engagement from the relevant Client, to use the Consultant Services, or to communicate and interact with other Members, whether online or in person.
    12. Your relationship with us in relation to your use and access of the Niche Freelance Platform is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Niche for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Niche.
    13. The Niche Freelance Platform may contain links to third-party websites or resources, including, without limitation, the Payment Gateway, the Stripe Payments End User Terms (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Niche Freelance is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services, or any fraud or other crime facilitated thereby. Links to such Third-Party Services are not an endorsement by Niche of such Third-Party Services.
    14. Due to the nature of the internet, Niche Freelance cannot guarantee the continuous and uninterrupted availability and accessibility of the Niche Freelance Platform. Niche Freelance may restrict the availability of the Niche Freelance Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Niche Freelance Platform. Niche Freelance may improve, enhance and modify the Niche Freelance Platform and introduce new Niche Freelance Services from time to time.
  2. Eligibility, Using the Niche Freelance Platform, Member Verification
    1. You must have the legal capacity, and be able, to enter into legally binding contracts to access and use the Niche Freelance Platform, the Payment Gateway or register a Niche Account and Stripe Payments. By accessing or using the Niche Freelance Platform you represent and warrant that you have the legal capacity and authority to enter into a contract.
    2. You agree that Niche Freelance may make the access to and use of the Niche Freelance Platform, or certain areas or features of the Niche Freelance Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds.
    3. User verification on the internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity, qualification and/or experience. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members; (ii) screen Members against third party databases or other sources and request reports from service providers; and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
    4. Prior to considering a new Consultant for approval as a Member on the Platform, we require the Consultant to upload the following:
      1. Curriculum Vitae
      2. Documentation to confirm completion of ‘Stepping up’ qualification and right to practice on their own account (lawyers)
      3. Current Practising Certificate (where applicable)
      4. Relevant Insurance CertificatesAdditionally, the Consultant may add references, testimonials, proof of qualifications and any other relevant information.
    5. The access to or use of certain areas and features of the Niche Freelance Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these General Terms and terms and conditions applicable to a specific area or feature of the Niche Freelance Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
  3. Modification of these Terms
    Niche Freelance reserves the right, and has absolute discretion, to modify, vary or alter all or any of these General Terms at any time and is not obliged to give you notice of, or seek your approval to, any modification. If we make changes to these General Terms, we will post the revised General Terms on the Niche Freelance Platform and update the “Last Updated” date at the top of these General Terms of Service. You acknowledge and agree that by doing so, Niche Freelance has provided you with sufficient notice of variation, modification or alteration of these General Terms. Your continued access to or use of the Niche Freelance Platform will constitute acceptance of the revised General Terms.
  4. Account Registration
    1. 1. You must register an account (“Account“) to access and use certain features of the Niche Freelance Platform. If you are registering an Account for a company or other legal entity, you represent and warrant that you have the authority from that company or entity to (i) register the Account on behalf of that company or entity; (ii) legally bind that company or entity in relation to any matters relating to the Account or the associated Member Content and your use of the Niche Freelance Platform; and (iii) grant us all permissions, authorities and licenses provided in these General Terms.
    2. You can register an Account using an email address and creating a password. You must provide accurate, current and complete information during the registration process and keep your Account and public Account profile page information up-to-date at all times.
    3. You must not register more than one (1) Account unless Niche authorizes you to do so. You may not assign or otherwise transfer your Account to another party.
    4. You are responsible for maintaining the confidentiality and security of your Account credentials and must not disclose your credentials to any third party. You must immediately notify Niche Freelance if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Account. You are solely liable for any and all activities conducted through your Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials). Niche Freelance accepts no responsibility and liability for any and all activities conducted through your Account.
  5. Content
    1. Niche Freelance may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Niche Freelance Platform; and (ii) access and view any Member Content and any Content that Niche Freelance itself makes available on or through the Niche Freelance Platform, including proprietary Niche Freelance Content and any Content licensed or authorized for use by or through Niche Freelance from a third party.
    2. The Niche Freelance Platform, Niche Freelance Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of New Zealand and other countries. You acknowledge and agree that the Niche Freelance Platform and Niche Freelance Content, including all associated intellectual property rights, are the exclusive property of Niche Freelance and/or its licensors or authorizing third-parties (not being Members). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Niche Freelance Platform, Niche Freelance Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Niche used on or in connection with the Niche Freelance Platform and Niche Freelance Content are trademarks or registered trademarks of Niche Freelance in New Zealand and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Niche Freelance Platform, Niche Freelance Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
    3. You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Niche Freelance Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these General Terms. No licences or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Niche or its licensors, except for the licenses and rights expressly granted in these General Terms.
    4. Subject to your compliance with these Applicable Terms, Niche Freelance grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable licence to (i) use the Niche Freelance Platform; and (ii) access and view any Collective Content made available on or through the Niche Freelance Platform and accessible to you, solely for your personal and non-commercial use and for the Permitted Purposes.
    5. By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Niche Freelance Platform, you:
      1. grant a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to Niche to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, or otherwise exploit in any manner such Member Content to provide and/or promote the Niche Freelance Platform and its use and access, in any media or platform. Unless you provide specific consent, Niche does not claim any ownership rights in any Member Content and nothing in these Applicable Terms will be deemed to restrict any rights that you or Niche Freelance may have to use or exploit your Member Content;
      2. acknowledge and consent that your Member Content (or part thereof) may be viewed, retained, stored, collected, sub-licensed, used, displayed, disclosed to any other person or otherwise made available by Niche Freelance for the purpose of providing or improving the Niche Freelance Services and/or the Niche Freelance Platform and/or otherwise set out in the Privacy Policy;
      3. further acknowledge and consent that your Member Content (or part thereof) may be disclosed to or viewed, used or collected by other Members or any other person viewing or accessing to the Site for the Permitted Purposes; and
      4. if it is determined that you retain moral rights (including rights of attribution or integrity) in the Content:
        1. unconditionally and irrevocably consent to all or any acts or omissions by Niche Freelance or its licensees, successor and assigns in relation to the Content, which have already occurred or may occur in the future, which may infringe any and all moral rights in any of the Content;
        2. do not require that any personally identifying information be used in connection with the Content or any derivative works of or upgrades or updates thereto;
        3. have no objection to the publication, use, modification, deletion and exploitation of the Content by Niche Freelance or its licensees, successors and assigns;
        4. to the maximum extent permitted by law, forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and
        5. forever release Niche Freelance and its licensees, successors and assigns, from any claims that you could otherwise assert against Niche Freelance by virtue of any such moral rights.
    6. You are solely responsible for all Member Content that you make available on or through the Niche Freelance Platform. Accordingly, you represent and warrant that:
      1. Either: (i) you are the sole and exclusive owner of all Member Content that you make available on or through the Niche Freelance Platform; or (ii) you have all rights, licenses, consents and releases that are necessary to grant to Niche Freelance the rights in and to such Member Content, as contemplated under these Terms; and
      2. b) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Niche’s use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
    7. You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libellous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; (vi) violates any Niche policy; (vii) adversely affects the goodwill of the business of Niche or other Members; or (viii) will breach any intellectual property rights of any other person. Niche may, without prior notice, remove or disable access to any Member Content that Niche finds to be in violation of these General Terms or Niche’s then-current policies or standards, or otherwise may be harmful or objectionable to Niche, its Members, third parties, or property. By posting Content, Reviews and Ratings on the Niche Freelance Platform, you undertake to abide by and comply with the Content Policy, Extortion Policy and all other applicable Niche policies.
    8. Niche Freelance respects copyright law and expects its Members to do the same. If you believe that any Content on the Niche Freelance Platform infringes copyrights you own, please notify us immediately.
    9. Except as otherwise expressly permitted under these Applicable Terms, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Site including code and software.
    10. For the avoidance of doubt, the licence granted under clause 5.5(a) survives termination, cancellation or deregistration of your Account.
  6. Disputes between Members
    1. Members agree to cooperate with and assist Niche Freelance in good faith, and to provide Niche with such information and take such actions as may be reasonably requested by Niche in connection with any complaints or claims made by Members or any other person or disputes relating to the Engagement of a Consultant, a Listing, a Review or Rating, through the Niche Freelance Platform.
    2. A Member shall, upon Niche’s reasonable request, participate in mediation or a similar dispute resolution process with another Member, which process will be conducted by Niche or a third party which will be selected by Niche Freelance at its sole discretion. Each Member is solely responsible and liable for payment of any costs incurred by Members as part of participating in the dispute resolution process conducted at the request of Niche Freelance pursuant to clause 6.2. Niche Freelance will not in any event be responsible and liable to any Members for any costs incurred by them as part of participating in the dispute resolution process conducted at the request of Niche pursuant to clause 6.
    3. While Niche Freelance may help facilitate the resolution of disputes between a Consultant and the Client and/or the interaction between Clients and Consultants, we have no control over and do not guarantee or warrant (i) the existence, quality, reliability, suitability, or legality of any Listings, Member Content or Consultant Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content, (iii) the performance, behaviour or conduct of any Member or third party, (iv) the professional and other experience, suitability, capability and qualification of any Member, (v) the compliance of any Member with any Law or (vi) any offer or acceptance of Engagement.
    4. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you Engage, offer to or express an interest to Engage for the provision of the Legal Services, or whom you provide Legal Services to, as the case may be.
  7. Prohibited Activities
    1. You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Niche Freelance Platform. In connection with your use of the Niche Freelance Platform, you will not and will not assist or enable others to:
      1. breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, these Applicable Terms or our policies;
      2. use the Niche Freelance Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Applicable Terms or in a manner that falsely implies Niche endorsement, partnership or otherwise misleads others as to your affiliation with Niche;
      3. copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the Niche Freelance Platform in any way that is inconsistent with Niche’s Privacy Policy or these Applicable Terms or that otherwise violates the privacy rights of Members or third parties;
      4. use the Niche Freelance Platform in connection with the distribution of unsolicited commercial messages (“spam“);
      5. offer, as a Consultant, any Legal Services without obtaining the required registrations, licences or professional indemnity insurance through the Niche Freelance Platform if required by Laws to do so;
      6. unless Niche explicitly permits otherwise, search for a Listing, Consultant or a Consultant Profile for any purpose other than a Permitted Purpose;
      7. contact another Member for any purpose including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, except with the prior approval of Niche or for a Permitted Purpose and through the Niche Freelance Platform;
      8. use the Niche Freelance Platform to request, offer or accept an Engagement independent of the Niche Freelance Platform, to circumvent any Service Fees or for any other reason;
      9. discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behaviour;
      10. use, display, mirror or frame the Niche Freelance Platform or Collective Content, or any individual element within the Niche Freelance Platform, Niche’s name, trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Niche Freelance Platform, without Niche’s express written consent;
      11. dilute, tarnish or otherwise harm the “Niche Freelance” brand in any way, including through unauthorized use of Collective Content, registering and/or using Niche Freelance or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Niche Freelance domains, trademarks, taglines, promotional campaigns or Collective Content;
      12. use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Niche Freelance Platform for any purpose;
      13. avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Niche Freelance or any of Niche’s providers or any other third party to protect the Niche Freelance Platform;
      14. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Niche Freelance Platform;
      15. assign or transfer any rights and obligations pursuant to these Terms to any other person or entity without Niche’s prior written approval (which will not be unreasonably withheld);
      16. use data mining, robots, screen scraping, or similar automated data gathering, extraction or publication tools on this Site (including without limitation for the purposes of establishing, maintaining, advancing or reproducing information contained on our Site on another website or in any other publication), without Niche’s prior written approval;
      17. use the Site to post any pyramid scheme on the Site;
      18. ask or require any Consultant to pay a fee, charge, cost or any money whatsoever to apply for any job advertised on the Site whether such fee, charge, cost or money is asked or required of the Consultant in the job advertisement itself or in any communication with the Consultant that takes place as a result of a job advertisement placed on the Site;
      19. use any feature of the Niche Freelance Platform to send any unsolicited commercial electronic messages to Consultants, whether individually or as a group;
      20. release to the public any news release, advertising material, promotional material or any other form of publicity relating to Niche Freelance without Niche’s prior written approval.
      21. take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Niche Freelance Platform; and/or
      22. violate or infringe anyone else’s rights or otherwise cause harm to anyone.
    2. You acknowledge that Niche has no obligation to monitor the access to or use of the Niche Freelance Platform by any Member or to review, disable access to, or edit or screen any Member Content, but reserves the right, and has absolute discretion, to do so to (i) operate, secure and improve the Niche Freelance Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these General Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Applicable Terms. Members agree to cooperate with and assist Niche in good faith, and to provide Niche with such information and take such actions as may be reasonably requested by Niche with respect to any investigation undertaken by Niche or a representative of Niche regarding the use or abuse of the Niche Freelance Platform.
    3. If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of any inappropriate use of your Content or any breach of your privacy, or (iii) engages in any other disturbing conduct, you should immediately report such person to Niche; provided that such report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
    4. You agree at all times to deal with any information or products provided by Niche Freelance or accessed from the Site in a manner which abides by all applicable laws of New Zealand, or of any other relevant jurisdiction (including, without limitation, privacy and copyright laws).
    5. Any Content or information acquired by you via the Niche Freelance Platform or from Niche Freelance must not be on-sold or supplied by you to third parties unless you are a media buyer (as approved by Niche) whose primary business it is to acquire media on behalf of third parties.
    6. This clause 7 survives termination, deregistration or cancellation of your Account.
  8. Misuse of Members data, and on-selling
    1. Any ‘personal information’ (within the meaning of the Privacy Act 1993) of any Member that you obtain through your use of the Niche Freelance Platform or any features of the Niche Freelance Platform or products offered on the Niche Freelance Platform (including job applications received from Consultants) must only be used by you in relation to your genuine employment and/or recruitment activities.
    2. Selling or offering services or products (such as learning or educational courses or tools) to Members whose personal information you have obtained through your use of the Niche Freelance Platform (including job applications received from Consultants) is considered by Niche to be a misuse of Members data, and is prohibited.
    3. You may not under any circumstances provide any Member Content you have obtained through your use of the Niche Freelance Platform to any other party, including to any affiliate or related party of yours (unless Niche has otherwise consented to this). This restriction on forwarding personal information applies irrespective of whether you receive direct financial benefit for doing so.
    4. Niche takes its obligations under the Privacy Act 1993 extremely seriously and is resolute in its determination to prevent the misuse of a Member’s data. If Niche believes that you have misused any Member Content or Collective Content for any reason, Niche reserves the right to:
      1. immediately suspend or terminate your account, and/or suspend or terminate the account of any party that has received any Member’s personal information from you in breach of these Terms;
      2. report any potential contraventions of the Privacy Act 1993 by you to the relevant authorities, including the New Zealand Office of the Privacy Commissioner; and/or
      3. take legal action against you seeking any number of remedies provided by law, including the award of monetary damages.
    5. You must ensure that all Content posted by you to the Niche Freelance Platform comply with all applicable legislation, regulations, by-laws, ordinances and codes of conduct, including but not limited to the Commerce Act 1986, the Fair Trading Act 1986, the Privacy Act 1993, and the Human Rights Act 1993 as well as all associated and related legislation, principles and codes. Niche reserves the right, and has absolute discretion, to amend, alter or remove any information contained on the Platform that does not meet this requirement.
    6. You expressly and irrevocably authorise Niche to store and retain all applications submitted in response to the relevant ad within the Niche Freelance Platform, rather than emailing those applications to an external source. This authorisation survives termination or deregistration of your Account or your use of the Niche Freelance Platform.
    7. You must ensure that all of its dealings with Personal Information acquired from the Niche Freelance Platform:
      1. conform with its obligations under the Privacy Act 1993 including the New Zealand Privacy Principles;
      2. to the extent that different Privacy Laws apply to you and Niche, and without limiting clause 8.8(a), conform with the obligations applicable to Niche as if they were binding upon you; and
      3. conform, to the extent relevant to these Applicable Terms, with the requirements of Niche published privacy policies (as amended from time to time), which are available at the Site.
    8. You must not disclose any Personal Information acquired from the Niche Freelance Platform outside New Zealand without the prior consent of Niche.
    9. This clause 8 survives termination, deregistration or cancellation of your Account.
  9. Term and Termination, Suspension and other Measures
    1. You may request to close or cancel your Niche Freelance Account at any time via the “Cancel Account” feature on the Niche Freelance Platform or by sending us an email (Account Cancellation Request). Upon receipt of your Account Cancellation Request, subject to clause 9.2, we will seek to close or cancel your Niche Freelance Account within 7 days after:
      1. the receipt of your Account Cancellation Request; and
      2. all Outstanding Matters are satisfied or waived by us in our absolute discretion.
    2. We reserve the right, at our sole discretion, to reject, delay or withhold the processing of your Account Cancellation Request and/or cancellation or closure of your Niche Account following receipt of your Account Cancellation Request if any of the following matters subsists or is continuing (Outstanding Matters):
      1. Your Engagement with a Client or Customer (as the case may be) remains in force;
      2. any Engagement Fee payable under an Engagement entered into by you via the Niche Freelance Platform remains outstanding or has not been processed or invoiced for, through the Third Party Payment Service Provider; and/or
      3. we are satisfied that there are not current or future liability for payment of any Engagement Fees and Service Fees arising from any Engagement entered into by you via the Niche Freelance Platform.
    3. You cannot cancel or revoke Your Account Cancellation Request, once made, except with our prior written approval.
    4. If you cancel your Niche Account as a Consultant, your Profile or Member Content may, at the sole discretion of Niche, be removed or deleted by us at any time after the termination. Nothing in this clause limits our ability to remove or delete your Profile or Member Content at any time before or after termination or cancellation of your Niche Account.
    5. Without limiting our rights specified below, Niche may terminate this Agreement for convenience at any time by giving you seven (7) days’ notice via email to your registered email address.
    6. Niche may immediately, without notice, terminate the Niche Freelance Services, your use of the Niche Freelance Platform, your Niche Account or these Applicable Terms if (i) you have breached your obligations under the Terms or our Policies or standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Niche believes in good faith that such action is reasonably necessary to protect the personal safety or property of Niche its Members, or third parties (for example in the case of fraudulent behaviour of a Member), (iv) Niche suspects of any illegal use of your Niche Account (whether caused or authorised by you), or (v) Niche suspects that you are not eligible or authorised to Register a Niche Account.
    7. In addition, Niche may, in its absolute discretion, take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Applicable Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during your Account registration, Listing process or thereafter, (iv) you and/or your Listings or Consultant Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or Niche otherwise becomes aware of or has received complaints about your performance or conduct, or (vi) Niche believes in good faith that such action is reasonably necessary to protect the personal safety or property of Niche, its Members, or third parties, or to prevent fraud or other illegal activity:
      1. refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
      2. limit your access to or use of the Niche Freelance Platform;
      3. temporarily or permanently revoke any special status associated with your Account; or
      4. temporarily or in case of severe or repeated offenses permanently suspend your Account.
    8. In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Niche Freelance and an opportunity to resolve the issue to Niche’s reasonable satisfaction.
    9. When this Agreement has been terminated, you are not entitled to a restoration of your Account or any of your Member Content. If your access to or use of the Niche Freelance Platform has been limited or your Account has been suspended or this Agreement has been terminated by us, you may not register a new Niche Freelance Account or access and use the Niche Freelance Platform through an Account of another Member.
    10. If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
  10. Disclaimers
    1. If you choose to use the Niche Freelance Platform or Collective Content, you do so voluntarily and at your sole risk. The Niche Freelance Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
    2. You agree that you have had whatever opportunity you deem necessary to investigate the Niche Freelance Services, laws, rules, or regulations that may be applicable to the Listings and/or Consultant Services you are receiving and that you are not relying upon any statement of law or fact made by Niche Freelance relating to a Listing or a Consultant.
    3. If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
    4. You acknowledge that the offer or acceptance of an Engagement of a Consultant’s Consultant Services may carry inherent risk, and by making or accepting such an offer or otherwise using the Consultant Services, you choose to assume those risks voluntarily. You assume full responsibility for the choices you make before, during and after you offer a Consultant, or you accept an offer from a Client, of Engagement of the Consultant Services. If you are using a Consultant Service, you are solely responsible for the supervision of that Consultant throughout the duration of the Engagement of the Consultant and to the maximum extent permitted by law, you agree to release and hold harmless Niche from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that Consultant during the Consultant Service or in any way related to the Consultant Service.
    5. The foregoing disclaimers apply to the maximum extent permitted by Law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by Law.
  11. No Liability
    1. You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Niche Freelance Platform and Collective Content, your publishing of any Listing via the Niche Freelance Platform, your use of any Consultant Services, Payment Processing Services or other Niche Freelance Service or any other interaction you have with other Members whether in person or online remains with you. Neither Niche Freelance nor any other party involved in creating, producing, or delivering the Niche Freelance Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any Losses or damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these General Terms, (ii) from the use of or inability to use the Niche Freelance Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Niche Freelance Platform, or (iv) from your publishing or viewing of a Listing, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Niche has been informed of the possibility of such damage or Loss, even if a limited remedy set forth herein is found to have failed of its essential purpose.
    2. To the maximum extent permitted by law, Niche takes no responsibility and assumes no liability for any Content posted, stored, or uploaded by you, any other Member or third party, or for any loss or damage thereto, nor is Niche liable for any mistakes, defamation, slander, libel, omissions, falsehoods or obscenity you may encounter.
    3. Additionally, Stripe Payments is an independent contractor, and not an agent, of Niche. Niche takes no responsibility and assumes no liability for any action, inaction, omission or negligence of Stripe Payments in connection with any Payment Processing Services provided by Stripe Payments.
    4. To the extent that the foregoing is not enforceable for any reason, then you acknowledge that Niche’s maximum aggregate liability arising from or relating to any claim (or series of related claims), by you arising from or relating to your access to, and use of the Niche Freelance Platform and Collective Content, your publishing of any Listing via the Niche Freelance Platform, your use of any Consultant Services, Payment Processing Services or any other Niche Freelance Services or any other interaction you have with other members whether in person or online shall not exceed the aggregate Service Fees paid for or payable under the Engagement which are the subject of the transaction(s) giving rise to the claim.
    5. In no event shall Stripe Payments be liable to any Member for any Losses arising out or relating to their respective use of, or in ability to use, the Payment Processing Services, regardless of the legal theory under which such Losses are sought. In the event the foregoing is not enforceable for any reason, then you acknowledge that Stripe Payment’s maximum aggregate liability arising from or relating to any claim (or series of related claims), by any Member from or relating to the Payment Processing Services shall not exceed the aggregate Engagement Fees paid for or payable under the Engagements which are the subject of the transaction(s) giving rise to the payment claim.
  12. Indemnification
    You agree to release, defend (at Niche’s option), indemnify, and hold Niche and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these General Terms of Service or our Policies or Standards, (ii) your negligent or improper use or misuse of the Niche Freelance Platform (including any Content or data contained therein) or any Niche Freelance Services, (iii) your interaction with any Member, Engagement of any Member or use of or access to any Consultant Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, or (iv) your breach of any laws, regulations or third party rights; or (v) your breach of any Stripe Payments End User Terms; or (v) your negligence, misconduct or intentional omission in connection with or during the course of your use of the Niche Freelance Platform or Stripe Payments End User Terms.
  13. Feedback
    We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Niche Freelance Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the Niche Freelance Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
  14. Privacy
    We are committed to your privacy. We have a Privacy Policy which includes information about how we collect, store, use and disclose your personal information; about how you may access the personal information about you that we hold, and how you may seek correction of that information; and about how you may complain about a breach by us of the New Zealand Privacy Principles, and how we will deal with such a complaint. A copy of our privacy policy is available upon request or by visiting Privacy Policy on this Site.
  15. General Provisions
    1. Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Applicable Terms constitute the entire Agreement between Niche Freelance and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Niche Freelance and you in relation to the access to and use of the Niche Freelance Platform.
    2. Where anything depends on the consent or approval of Niche Freelance then, unless these Applicable Terms provides otherwise, that consent or approval may be given conditionally or unconditionally or withheld, in the absolute discretion of Niche.
    3. No joint venture, partnership, employment, or agency relationship exists between you and Niche Freelance as a result of this Agreement or your use of the Niche Freelance Platform.
    4. These Applicable Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
    5. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck out and will not affect the validity and enforceability of the remaining provisions.
    6. Niche’s failure to enforce any right or provision in these Applicable Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
    7. You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Niche’s prior written consent. Niche may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
    8. Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be in writing and given by Niche via email, Niche Freelance Platform notification, or messaging service.
    9. Except as may be expressly provided for elsewhere in these Applicable Terms, you will be responsible for all costs and expenses incurred in your access to and use of the Niche Freelance Platform and any Niche Freelance Services. You are solely responsible for all or any costs incurred in relation to your negotiation, preparation and execution of any written agreement for any Engagement you are offering or entering into via the Niche Freelance Platform.
    10. You agree and acknowledge that:
      • these General Terms of Service are governed by and are to be construed in accordance with the laws of New Zealand; and
      • each Member irrevocably and unconditionally submits to the non-exclusive jurisdiction of the Courts of New Zealand and Courts entitled to hear appeals from these Courts.
  16. Definition
    In these Terms, unless the context requires otherwise:“Niche Freelance”, “Niche, “We”, “us”, “our” means Niche Consulting Group Limited t/a Niche Freelance Experts“Niche Account” or “Account” means an account which Niche requires you to open and register, in order to access and use certain features of the Niche Freelance Platform.“Niche Content” means all Content that Niche makes available through the Niche Freelance Platform, or its related promotional campaigns and official Niche Freelance social media channels, including any Content licensed from a third party, but excluding Member Content.“Niche Freelance Services” means any services provided by Niche Freelance in connection with the Niche Freelance Platform, including the right to use the Site and the Niche Freelance Platform and to administer the account created by or on your behalf with Stripe Payments for the purpose of facilitating collection and payment of any amount.“Client” means a Member who is seeking an appropriate provider or providers of Legal Services, or who requests from, or offers to engage, a Consultant for the provision of any Legal Services, via the Niche Freelance Platform.“Client Listing” means the Legal Services that the Client is seeking an appropriate provider or providers to provide, via the Niche Freelance Platform.“Collective Content” means Member Content and Niche Freelance Content.“Communication” means any written correspondence.“Content” means text, graphics, images, music, software, audio, video, information or other materials.

    Consultant” means a Member who has offered to provide Legal Services via the Niche Freelance Platform and includes any of its Associated Persons through which the Member has offered to, or will, provide the Legal Services.

    Consultant Listing” means the Legal Services that are listed by a Consultant as available for Engagement via the Niche Freelance Platform.

    Consultant Services” means in respect of each Consultant, the Legal Services offered by that Consultant.

    Engage” includes appoint, retain and appoint and “Engagement” has a corresponding meaning.

    Engagement Fee” means the value of any salary, bonuses, consultancy fees, car, car-parking, phone allowances, shares, incentives, drawings, relocation payments, sign-on bonus, and any other benefits negotiated between the Consultant and a Client or to which that Consultant is entitled to receive upon acceptance of the Engagement from the Client via the Niche Freelance Platform whether or not they are actually paid.

    Introduce” means a Member or any of its Associated Persons became aware of another Member or any of his, her or its Associated Persons offering or seeking Legal Services via the Niche Freelance Platform. Without limiting the foregoing, a Member and its Associated Persons (all or any of them are referred to as Introduced Persons) are deemed to have been introduced to another Member or any of its Associated Persons via the Niche Freelance Platform if that other Member or any Associated Person of the Member became aware of the Introduced Persons as a result of:

    1. their use or access of the Niche Freelance Platform; or
    2. Receiving any Content of the Introduced Persons via the Niche Freelance Platform.

    Legal Services” means work done, or business transacted, in the ordinary course of legal practice and includes any associated paralegal, administrative assistance support, legal support and legal secretarial support services.

    Listing” means either a Client Listing or a Consultant Listing (as the case may be).

    Losses” includes actions, claims, demands, losses, liabilities, damages, recoveries, settlements and/or costs (including attorney, accountant, and expert witness fees and costs), known or unknown, contingent or otherwise of any kind whatsoever and “Loss” has a corresponding meaning.

    Member” means a person who completes Niche’s account registration process, including but not limited to Consultants and Clients, as described in these Terms.

    Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in his, her or its Listing, Member profile or Niche promotional campaign to be made available through the Niche Freelance Platform, and in respect of a Consultant, any curriculum vitae and references, including any Reviews and Ratings placed by that Member in respect of another member.

    Payment Gateway” means a third-party payment platform made available to Members via https://stripe.com/docs/connect/updating-accounts#tos-acceptance.

    Payment Processing Services” means the internet based payment processing services provided by a third party payment processing service provider, acting as a payments facilitator and/or escrow agent, which services are intended to facilitate the collection and payment of an Engagement Fee under an Engagement entered into between a Client and a Consultant.

    Permitted Purpose” means:

      1. in respect of a Client, seeking an appropriately qualified and suitable Consultant or Consultants to fill a genuine Engagement opportunity within the business of the business or legal practice of the Client; and
      2. in respect of a Consultant, offering any Consultant Services and seeking an Engagement from a Client.

     

    “Rating” means a star rating in respect of a Consultant.

    Reviews” means a public review of a Consultant.

    Service Fee” means the service fees payable by a Client to Niche pursuant to the Client Terms.

    Site” means our website (www.nichefreelance.co.nz), including any subdomains thereof, and any other websites through which we make the Niche Freelance Services available.

    Stripe Payments” means Freelance Legal Experts Ltd 7926982, whom we use as a third party service provider for Payment Processing Services, and includes its affiliates and subsidiaries.

    Stripe Payments Account” means an online account created and registered with Stripe Payments for and on behalf of you in order for Niche to provide the Payment Processing Services.

    Stripe Payments End User Terms” means the terms and conditions of Stripe Payments applicable to your access, use and registration of a Stripe Payments Account, which are located at: https://stripe.com/au/connect-account/legal and https://stripe.com/au/connect/legal.

    Tax” or “Taxes” mean any tax, levy, charge, impost, duty, fee, deduction, compulsory loan or withholding, which is assessed, levied, imposed or collected by any governmental agency and includes, but is not limited to any interest, fine, penalty, charge, fee or any other amount imposed on, or in respect of any of the above.

    If you have any questions about these General Terms of Service please email us at contact@nichefreelance.co.nz.