HANDYKEA TERMS AND CONDITIONS

Last updated: 18 May

These Terms and Conditions (“Terms”) govern your access to and use of the Handykea platform, including our Customer App and Vendor App, the Handykea website, and any related services (collectively, the “Platform”). The Platform is operated by Handykea Limited (“Handykea”, “we”, “us”, or “our”), a company registered in New Zealand under company number [Insert NZBN/Company Number], with its registered office at [Insert Address].

By creating an account, accessing, or using the Platform, you agree to be bound by these Terms, our Privacy Policy, and any other policies referenced in these Terms. If you do not agree, you must not use the Platform.

1. DEFINITIONS

“App(s)” means the Handykea Customer App and the Handykea Vendor App, including any updates, modifications, or replacements.
“Booking Wizard” means the in-App tool that gathers Task details and shortlists Professionals.
“Client(s)” means an individual or business booking a Task through the Platform.
“Handykea Fee” means the service fee, commission, or platform fee charged by Handykea as described in Section 6.
“Offer” means the fixed price quote presented to a Client following Professional selection and scheduling.
“Payment Account” means the third-party payment account through which Client payments are received and Professional payouts are processed.
“Professional(s)” or “Pro(s)” means an independent service provider offering Tasks through the Vendor App.
“Service Agreement” or “Task Contract” means the contract for services formed directly between a Client and a Professional upon acceptance of an Offer.
“Task(s)” means the short-term home-based services booked through the Platform.
“User(s)” means a Client or Professional (collectively).

2. THE PLATFORM

A. An App-Based Online Marketplace

The Platform is an app-based marketplace that facilitates connections between Clients and Professionals (Pros). “Client(s)” are individuals or businesses looking for short-term services (“Task(s)” or “Service(s)”), while “Pro(s)” are service providers who perform these Tasks for Clients. Throughout this document, Clients and Professionals/Pro(s) are collectively called “User(s)”.

Pros are independent business owners who provide services under their own name or business name (not under Handykea’s name) and use their own tools and supplies. Professionals set their own hourly rates, with no deductions by Handykea other than the Handykea Fee disclosed in these Terms. Professionals may (a) maintain a clientele without any restrictions from Handykea; (b) offer and provide their services elsewhere, including through competing platforms; and (c) add their own availability in the Handykea App to accept Clients and Service Agreements. Pros/Professionals are independent contractors of Clients, and Clients are therefore clients of Professionals, not Handykea.

Any mention of a Professional being licensed, credentialed, ‘badged’, ‘reliable’, ‘elite’, ‘great value’, ‘background checked’, ‘vetted’, or ‘verified’ (or similar terms) only indicates that the Professional has completed a relevant registration process or met certain criteria. It does not imply any additional endorsement or guarantee. Such descriptions are meant to help Clients assess the identity and suitability of Professionals when making their choices or contracts through the Platform. However, they do not constitute an endorsement, certification, or assurance by Handykea of the Professional’s skills, qualifications, licensing status, insurance, trustworthiness, safety, or overall suitability.

Notwithstanding any feature or service of the Platform that a Client may use to expedite Professional selection, the Client is responsible for determining the Task and selecting or otherwise approving their Professional, and should undertake their own research before booking any Task to ensure that a specific Pro has the right qualifications.

B. Handykea’s Role

The Platform does not function as an employment agency or business, and Handykea is not considered the employer of any User. Users are not classified as employees, partners, representatives, agents, joint venturers, independent contractors, or franchisees of Handykea.

Users acknowledge and agree that (a) Handykea does not perform Tasks, employ individuals for Tasks, supervise, direct, or control Professionals’ work (including setting work locations, hours, or terms), provide tools or cover expenses, or have control over Task quality, timing, legality, or the acts or omissions of Users (or their acts or omissions). It also does not oversee the integrity, responsibility, competence, qualifications, communication, or ratings or reviews of Users; (b) forming a Service Agreement does not create any responsibility or liability for Handykea, nor any employment or other relationship between Handykea and the Users or between the Client and the Professional. Users cannot act as agents or bind Handykea, nor make representations on its behalf, including modifications to fees (see Section 6 below).

Handykea is neither responsible nor liable for workers’ compensation, ACC levies, or any tax payment or withholding, including but not limited to applicable GST or other applicable withholdings in connection with a User’s use of the Platform, or personal income tax. The Professional assumes full and sole responsibility for all required and applicable income tax, GST registration (where applicable under the Goods and Services Tax Act 1985), ACC levies, and any other statutory contributions as to the Professional and all persons engaged by the Professional in the performance of the Task. Each User assumes all liability for proper classification of such User’s workers based on applicable legal guidelines, including under the Employment Relations Act 2000.

3. SCOPE OF HANDYKEA SERVICES

Basic Principles

Handykea provides the Handykea Platform, enabling Clients to book Professionals for a specific Task using a Booking Wizard.
The Booking Wizard gathers relevant Task details from the Client and shortlists Professionals in the Client’s area for the Task.
Clients are free to choose the Professional that matches their budget and other selection criteria.
A Client may abandon the Booking Wizard at any time before the payment transaction, without penalties or obligation.
Clients will be provided with a fixed Offer after they have selected their preferred Professional and schedule.
An Offer is deemed accepted if the Client makes a payment. Upon payment confirmation, a Task Contract is created between the Client and the Professional.
Payment must be made before a Task Contract is created.
A Client may cancel their booking at any time through the Handykea App or by generating a support ticket.
Refunds will be issued according to the Cancellation and Refund Policy (Section 7).
Once the Task Contract is created, the Client may cancel or reschedule the Task Contract on the Handykea Platform. Refunds and rescheduling fees will be calculated based on Handykea’s Cancellation Policy. The Client will be able to receive another Offer to complete the change in the booking process.
Once the Professional marks the Task as completed, the Client will be notified, and payment will be released to the Professional by Handykea from the Payment Account according to the Payment Policy.
After the Task Contract is completed, the parties are encouraged to review the Services and provide feedback on the Handykea Platform.

4. ELIGIBILITY AND ACCOUNT REGISTRATION

4.1 Eligibility

To use the Platform, you must:

(a) be at least 18 years of age; (b) be legally resident in New Zealand or, in the case of a Professional, be lawfully entitled to work in New Zealand; (c) have the legal capacity to enter into binding contracts; and (d) not be barred from receiving services under New Zealand law or any other applicable jurisdiction.

If you are using the Platform on behalf of a business, you represent that you are authorised to bind that business to these Terms.

4.2 Account Registration

You must register for an account to access most features of the Platform. You agree to:

(a) provide true, accurate, current, and complete information about yourself; (b) maintain and promptly update your information; (c) keep your login credentials confidential and secure; and (d) accept responsibility for all activities that occur under your account.

You must notify Handykea immediately at [support@handykea.com] of any unauthorised use of your account or any other suspected breach of security.

4.3 Professional Registration

Professionals must additionally:

(a) provide evidence of identity, right to work in New Zealand, and (where requested) qualifications, licences, or insurance; (b) be GST-registered if they meet the registration threshold under the Goods and Services Tax Act 1985 (currently NZ$60,000 of taxable supplies in any 12-month period); (c) hold appropriate ACC cover as a self-employed person; and (d) comply with all New Zealand laws applicable to the services they provide, including but not limited to the Health and Safety at Work Act 2015, the Building Act 2004, the Electricity Act 1992, and the Plumbers, Gasfitters, and Drainlayers Act 2006, where relevant to their Tasks.

Handykea may, at its sole discretion, accept, reject, or terminate any Professional account.

5. USER CONDUCT

5.1 General Conduct

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You agree NOT to:

(a) violate any applicable New Zealand law, regulation, or third-party rights; (b) use the Platform to send unsolicited communications, advertising, or spam; (c) impersonate any person or entity, or misrepresent your affiliation; (d) circumvent the Platform to engage Users off-platform in order to avoid Handykea Fees (see Section 5.2); (e) introduce viruses, malware, or other harmful code into the Platform; (f) attempt to access areas of the Platform you are not authorised to access; (g) collect or harvest data about other Users; (h) post or share content that is unlawful, defamatory, obscene, threatening, harassing, or discriminatory; (i) discriminate against any User on the basis of any prohibited ground under the Human Rights Act 1993; or (j) use the Platform in any way that could damage, disable, overburden, or impair the Platform.

5.2 Non-Circumvention

For a period of 12 months after a Client and Professional are connected via the Platform, Users agree not to enter into a service arrangement with the other Party outside of the Platform for Tasks that fall within Handykea’s service categories. Breach of this clause may result in account termination and, where applicable, a non-circumvention fee equivalent to the Handykea Fees that would otherwise have been payable.

5.2 Communications Between Users

The Platform may provide in-App messaging. You agree to keep all Task-related communications on the Platform so that Handykea can assist with disputes if needed. Handykea may review messages for safety, compliance, and fraud-prevention purposes.

6. FEES, PAYMENTS, AND TAXES

6.1 Pricing

Professionals set their own hourly rates. Clients see a fixed Offer, which includes the Professional’s price, the Handykea Fee, and any applicable GST.

6.2 Handykea Account Fee

Handykea charges a service fee (the “Account Fee”) on each booking, calculated as a percentage of task/service price or a fixed amount, as disclosed before the Offer is accepted.

6.3 Payment Method

Clients must pay by credit card, debit card, or other payment method supported in the App. Payments are processed by a third-party payment provider. By making a payment, you authorise Handykea (or its payment processor) to charge the relevant amount to your chosen payment method.

6.4 Payment Flow and Payouts

(a) Funds held in Handykea Payment Account. When a Client accepts an Offer by making payment, the funds are held securely in the Handykea Payment Account. Handykea holds these funds pending completion of the Task and does not release them to the Professional until the Task is marked complete, except where a refund, cancellation, or dispute outcome requires otherwise under these Terms.

(b) Release of earnings. Once the Professional marks the Task as complete and the Client is notified, the Professional’s earnings become payable. Handykea will release those earnings to the Professional’s nominated New Zealand bank account, less the Account Fee, any applicable commission, and any other deductions permitted under these Terms (including cancellation, no-show, or other penalties under Section 7).

(c) Payout cycles. Payouts are processed on a fortnightly cycle. Earnings from Tasks that are completed and cleared during a given fortnightly period (each period running from [Monday] to the second following [Sunday]) are paid out in the next scheduled payout run, normally on [the first business day following the close of each period]. Where a payout date falls on a weekend or public holiday, the payout will be made on the next business day.

(d) Eligibility for payout. Only earnings from Tasks that are marked complete, cleared of any chargeback or dispute risk, and free of any pending deduction will be included in a given payout run. Earnings not yet cleared at the close of a fortnightly period will roll over to the following payout run.

(e) Processing times and holds. Once released, payouts typically reach the Professional’s bank account within 3–5 business days. Handykea may delay, hold, or withhold all or part of a payout where reasonably necessary for identity or payment verification, dispute resolution, suspected fraud, chargebacks, recovery of amounts owed to Handykea, or to comply with applicable law.

(f) Accuracy of payment details. Professionals are responsible for keeping their nominated bank account and payout details accurate and up to date. Handykea is not liable for payments delayed or misdirected as a result of incorrect or outdated details provided by the Professional.

6.5 GST

All prices displayed on the Platform are in New Zealand Dollars (NZD) and are inclusive of GST where applicable. GST will be charged in accordance with the Goods and Services Tax Act 1985. Professionals are solely responsible for accounting for GST on their supplies if they are GST-registered, and Handykea will issue tax invoices for the Handykea Fee where required.

6.6 Taxes

Each User is solely responsible for determining and paying their own income tax, GST, ACC levies, and any other taxes or contributions arising from their use of the Platform. Handykea may report information to Inland Revenue (IRD) where required by law.

6.7 Promotions and Credits

Handykea may from time to time offer promotional codes, credits, or discounts. These are subject to additional terms, are non-transferable, have no cash value, and may be cancelled or expired at Handykea’s discretion.

7. CANCELLATION AND REFUND POLICY

7.1 Client Cancellation

A Client may cancel a Task Contract at any time before the scheduled Task start time via the Customer App. The applicable refund or cancellation fee is as follows:

Time of Cancellation	Outcome
More than 24 hours before scheduled start	100% refund (free cancellation window)
Between 3 and 24 hours before scheduled start	Cancellation fee equal to 50% of the Task price (with the balance refunded)
Less than 3 hours before scheduled start	Cancellation fee equal to 100% of the Task price

The cancellation fee is payable to Handykea and used to compensate the Professional (in part or in whole) and cover administrative costs.

7.2 Professional Cancellation

If a Professional cancels a confirmed Task Contract:

(a) the Client receives a 100% refund of any amount paid for the cancelled Task; and

(b) the Professional may be charged a cancellation penalty of NZ$[50], which Handykea may deduct from the Professional’s future payouts.

Instead of cancelling, a Professional may reschedule the Task with the Client at no penalty or cost, provided the new time is agreed directly with the Client using the in-App chat feature.

Repeated cancellations may result in suspension or termination of the Professional’s account at Handykea’s sole discretion.

7.3 Rescheduling

A Task Contract may be rescheduled subject to Professional availability. Rescheduling more than 24 hours before the original scheduled start is free; later rescheduling may attract the cancellation fees in Section 7.1 (and a new Offer may be required).

7.4 Exceptional Circumstances

Handykea may, at its sole discretion, waive cancellation fees in exceptional circumstances (such as illness, bereavement, natural disaster, or other events beyond the User’s reasonable control), provided evidence is supplied on request.

7.5 Refund Processing

Refunds are issued to the original payment method and typically appear within 5–10 business days, depending on your bank or card issuer.

7.6 Professional No-Show

If a Professional fails to attend a confirmed Task Contract at the scheduled time without prior notice (a “no-show”), the Client will receive a 100% refund of any amount paid. The Professional may also be charged a no-show penalty of NZ$[50], which Handykea may deduct from the Professional’s future payouts. Repeated no-shows may result in suspension or termination of the Professional’s account at Handykea’s sole discretion.

7.7 Client No-Show

A Client “no-show” occurs where:

(a) the Client is not available at the service address at the scheduled time and the issue cannot be resolved between the Professional and the Client through the in-App chat; or

(b) the Client is otherwise unable to provide the Professional with the access or conditions needed to perform the Task at the agreed time. Reasonable delays may be accommodated at the Professional’s discretion.

In the event of a Client no-show, a cancellation fee equal to 100% of the Task price applies, and no refund will be issued.

8. REVIEWS AND RATINGS

After a Task is completed, the Client is encouraged to leave a rating and review. You agree that:

(a) reviews must be honest, accurate, and based on personal experience; (b) reviews must not be defamatory, abusive, or include personally identifiable information of third parties; (c) Handykea may remove reviews that breach these Terms or applicable law; and (d) reviews may be displayed publicly on the Platform.

Handykea is not liable for the content of reviews posted by Users.

9. DISPUTES BETWEEN USERS

Disputes about a Task (including quality, completion, or payment) are between the Client and the Professional. Handykea is not a party to the Service Agreement and is under no obligation to mediate.

However, as a goodwill measure, Handykea may, at its sole discretion:

(a) hold disputed funds in the Payment Account pending resolution; (b) facilitate communication between the parties; or (c) offer a partial or full refund or credit under the Handykea Happiness Pledge (Section 10).

Users agree to first attempt to resolve disputes directly and in good faith before escalating to Handykea.

10. HANDYKEA HAPPINESS PLEDGE AND PROPERTY DAMAGE

10.1 Happiness Pledge

If a Client is not satisfied with a Task, the Client must notify Handykea within 72 hours of the Task completion via the Customer App. Handykea may, at its sole discretion, offer a remedy such as a credit, partial refund, or re-booking with another Professional, up to a maximum amount specified in the in-App policy.

10.2 Property Damage

Professionals are responsible for any damage they cause to a Client’s property during a Task. Claims for property damage must be reported to Handykea within 72 hours of the Task completion, with photographic evidence and any other reasonable supporting documentation. Handykea may facilitate communication between the parties to resolve the issue.

11. INTELLECTUAL PROPERTY

11.1 Platform IP

All intellectual property in and to the Platform, including software, content, trademarks, logos, and design, is owned by or licensed to Handykea. You are granted a limited, non-exclusive, non-transferable, revocable licence to use the Platform solely for the purposes set out in these Terms.

11.2 User Content

You retain ownership of content you submit (e.g., profile photos, reviews, Task descriptions) (“User Content”). By submitting User Content, you grant Handykea a worldwide, royalty-free, perpetual, irrevocable, sub-licensable licence to use, reproduce, modify, and display the User Content in connection with operating, promoting, and improving the Platform.

You represent that you own or have the right to grant this licence and that your User Content does not infringe any third-party rights or breach any law.

11.3 Feedback

Any feedback, suggestions, or ideas you provide to Handykea may be used by Handykea without restriction or compensation.

12. PRIVACY

Your use of the Platform is also governed by our Privacy Policy, which describes how we collect, use, store, and disclose your personal information in accordance with the Privacy Act 2020 (NZ). By using the Platform, you consent to our processing of your personal information as described in the Privacy Policy.

You have the right to access and request correction of your personal information held by Handykea. To make a request, contact us at [support@handykea.com].

13. DISCLAIMERS AND WARRANTIES

13.1 Platform Provided “As Is”

To the maximum extent permitted by law, the Platform is provided “as is” and “as available”. Handykea makes no warranties or representations, express or implied, including without limitation:

(a) that the Platform will be uninterrupted, error-free, or secure; (b) that any information provided through the Platform is accurate, complete, or current; or (c) that Tasks performed by Professionals will meet any particular standard or be of any particular quality.

13.2 No Endorsement of Users

Handykea does not endorse any User and is not responsible for the acts, omissions, conduct, qualifications, or representations of any User.

13.3 Consumer Guarantees Act 1993 and Fair Trading Act 1986

Nothing in these Terms is intended to limit, exclude, or modify any rights or remedies that you may have under the Consumer Guarantees Act 1993 (CGA), the Fair Trading Act 1986 (FTA), or any other New Zealand consumer protection legislation that cannot lawfully be excluded.

Where you are acquiring goods or services for business purposes, you agree that the CGA does not apply to the supply of the Platform, and that this exclusion is fair and reasonable.

Where you are acquiring the Platform as a consumer, the guarantees in the CGA apply and these Terms do not limit those rights.

14. LIMITATION OF LIABILITY

14.1 Exclusions

To the maximum extent permitted by law, Handykea, its directors, officers, employees, and agents will not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, loss of data, loss of goodwill, or business interruption, arising out of or in connection with your use of the Platform or any Task.

14.2 Aggregate Cap

To the maximum extent permitted by law, Handykea’s total aggregate liability to you in respect of any claim arising out of or in connection with these Terms or the Platform is limited to the greater of:

(a) the total Handykea Fees paid by you in the six (6) months immediately preceding the event giving rise to the claim; or (b) NZ$200.

14.3 Statutory Rights

Nothing in this Section 14 limits any liability that cannot lawfully be excluded, including under the CGA or FTA where they apply.

15. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Handykea, its directors, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

(a) your breach of these Terms; (b) your use or misuse of the Platform; (c) your performance, non-performance, or breach of any Service Agreement; (d) your User Content; (e) your violation of any law or third-party right; or (f) any taxes, levies, or contributions you are required to pay.

16. TERMINATION AND SUSPENSION

16.1 Termination by You

You may close your account at any time by contacting [support@handykea.com] or via the App settings. Outstanding obligations (including Tasks already booked) must be honoured or cancelled in accordance with Section 7.

16.2 Termination or Suspension by Handykea

Handykea may suspend or terminate your account, with or without notice, if:

(a) you breach these Terms; (b) Handykea reasonably suspects fraudulent, unsafe, or unlawful activity; (c) you receive persistent poor ratings or repeated complaints; (d) you cancel an excessive number of Tasks; or (e) Handykea is required to do so by law.

16.3 Effect of Termination

Upon termination, your right to use the Platform ceases immediately. Sections that by their nature should survive termination (including Sections 5.2, 11, 13, 14, 15, and 18) will survive.

17. MODIFICATIONS

17.1 Changes to the Platform

Handykea may modify, suspend, or discontinue all or part of the Platform at any time, with or without notice.

17.2 Changes to These Terms

Handykea may update these Terms from time to time. Material changes will be notified to you via email or in-App notice at least 14 days before they take effect. Your continued use of the Platform after changes take effect constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Platform and close your account.

18. DISPUTE RESOLUTION AND GOVERNING LAW

18.1 Governing Law

These Terms are governed by and construed in accordance with the laws of New Zealand.

18.2 Jurisdiction

The parties submit to the exclusive jurisdiction of the courts of New Zealand. Where the claim falls within its jurisdictional limits, a dispute may be brought before the Disputes Tribunal of New Zealand.

18.3 Informal Resolution

Before commencing formal proceedings, the parties agree to attempt to resolve any dispute in good faith by contacting support@handykea.com and providing a written description of the dispute and the desired outcome.

19. COMMUNICATIONS AND NOTICES

19.1 From Handykea to You

Handykea may send you notices by email to the address registered to your account, by in-App notification, or by posting on the Platform. Notices are deemed received on the day of sending.

19.2 From You to Handykea

Notices to Handykea must be sent to support@handykea.com or to our registered office at 56a Swainston Road, Saint Johns, Auckland, 1072 , New Zealand.

19.3 Electronic Communications

By using the Platform, you consent to receive electronic communications from Handykea, including transactional, service-related, and (where you have opted in) marketing messages. You may opt out of marketing communications at any time.

20. GENERAL PROVISIONS

20.1 Entire Agreement

These Terms, together with the Privacy Policy and any other policies referenced, constitute the entire agreement between you and Handykea and supersede all prior agreements or understandings.

20.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in full force and effect.

20.3 Waiver

A failure or delay by Handykea to enforce any right under these Terms does not constitute a waiver of that right.

20.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without Handykea’s prior written consent. Handykea may assign these Terms at any time without notice.

20.5 Force Majeure

Neither party is liable for any failure or delay in performance caused by events beyond its reasonable control, including natural disasters, pandemics, governmental action, power or internet outages, or labour disputes.

20.6 No Agency or Partnership

Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship between Handykea and any User.

20.7 Third-Party Beneficiaries

Except as expressly stated, these Terms do not confer any rights on any third party.

20.8 Headings

Headings are for convenience only and do not affect interpretation.

21. CONTACT US

For general support: support@handykea.com For privacy matters and legal notices: hello@handykea.com

HANDYKEA PRIVATE LIMITED 56a Swainston Road, Saint Johns, Auckland, 1072 , New Zealand; NZBN: 9429053162069

By creating an account or using the Platform, you confirm that you have read, understood, and agreed to these Terms and Conditions.

Terms and Conditions

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