NurseMaster

Terms and Conditions

NurseMaster Terms and Conditions

1.Introduction

1.1 These terms and conditions (Terms) are entered into between NurseMaster Limited NZCN 8750807 (we, us or our) and you, together the Parties and each a Party.

1.2 We provide a platform where Nurses (Nurses) and (Hospitals) connect and transact, where Nurses can provide their services to Hospitals by responding to job vacancies and promoting their daily availability to work and where we can post job vacancies on a Hospital’s behalf as set out in clause 4.6 (Platform).

1.3 In these Terms, you means (as applicable) the person or entity registered with us as either a Hospital or Nurse or the individual accessing or using the Platform.

1.4 If you are using the Platform on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.

2.Acceptance and Platform Licence

2.1 You accept these Terms by checking the box, clicking “I accept”, registering on the Platform, or using the Platform (whether yourself or via our customer support team in accordance with clause 4.6) or the NurseMaster Services.

2.2 You must be at least 18 years old to use the Platform.

2.3 We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may terminate these Terms in accordance with the Termination clause.

2.4 If you access or download our mobile application from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service

2.5 Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to download and use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.

2.6 When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including:

(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

(b) using the Platform to defame, harass, threaten, menace or offend any person;

(d) interfering with any user of the Platform;

(e) tampering with or modifying the Platform (including by transmitting viruses and using trojan horses);

(f) using the Platform to send unsolicited electronic messages;

(g) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform; or

(h) facilitating or assisting a third party to do any of the above acts.

3.Accounts

3.1 You must register on the Platform and create an account (Account) to access the Platform’s features.

3.2 You may only have 1 Account as a Nurse or 1 Account as a Hospital on the Platform.

3.3 You must provide basic information when registering for an Account including your name or hospital name (as applicable), contact details and email address and you must choose a username and password.

3.4 Once you have registered an Account, your Account information will be used to create a profile which you may then curate.

3.5 All personal information you provide to us will be treated in accordance with our Privacy Policy.

3.6 You agree to provide and maintain up to date information in your Account and to not share your Account password with any other person. Your Account is personal and you must not transfer it to others.

3.7 You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.

3.8 If you are a Nurse, we will review your request for an Account before approving the request. You must provide us with all required information, including your;

(a) full legal name;

(b) phone number;

(d) address;

(e) a copy of your visa entitling you to work in New Zealand if you are not a New Zealand citizen or resident;

(f) photographic ID in the form of a driver’s license and/or passport;

(g) your Annual Practicing Certificate number;

(h) any conditions attached to your Annual Practicing Certificate;

(i) New Zealand Nurses Organisation membership number or Nurses Society of New Zealand membership number;

(j) Curriculum Vitae;

(k) signed consent form for New Zealand Ministry of Justice Criminal Record Check;

(l) completed IR330C contractor tax form;

(m) bank account number;

(n) IRD number; and

(o) a profile picture.

3.9 If you do not provide us with information we reasonably request, we may refuse to create an Account for you. If you provide us with any information which indicates you are not a fit and proper person to be provided with an Account, we may refuse to provide you with an Account, in our sole discretion.

3.10 In order to determine you are a fit and proper person to be provided with an Account, we may confirm your work experience and the details contained in your Curriculum Vitae with your current and previous employers.

3.11 We may make access to and use of certain parts of the Platform subject to conditions or requirements, including identity verification, cancellation history, quality of services and threshold of reviews.

4.Platform summary

4.1 The Platform is a marketplace where Hospitals and Nurses can find each other. Hospitals can advertise short-term, daily shift vacancies. Nurses can apply to fill the advertised shift vacancies. We provide the Platform to users (including hosting and maintaining the Platform) (the NurseMaster Services). You understand and agree that we only make available the NurseMaster Services. We are not party to any agreement entered into between a Hospital and a Nurse and we have no control over the conduct of Nurses, Hospitals or any other users of the Platform.

4.2 A Hospital wanting Nurses to fill vacant shifts creates an Account on the Platform where they can advertise vacant shifts they are wanting Nurses to work, post an accurate and complete description of the services they require, details of the shifts that are vacant and the hourly rate they propose to pay a Nurse for each vacant shift (Hospital Listing). A Hospital can also view the profiles of Nurses who have confirmed that they are available for those shifts.

4.3 A Nurse wanting to work vacant shifts creates an Account on the Platform which includes an accurate and complete description of their work experience, the services they can provide and their daily availability. A Nurse may opt whether or not to have their contact details visible by Hospitals on their profile. If a Nurse wants to fill a vacant shift at a Hospital in accordance with a Hospital Listing, the Nurse will make an offer to a Hospital through the Platform and may specify a different hourly rate for that shift (Offer).

4.4 By making an Offer, the Nurse confirms that they are legally entitled to, and capable of, supplying the services described in the Hospital Listing. A Nurse assumes all risk and is solely liable for any Offer they make.

4.5 A Hospital will review all Offers made by Nurses for a vacant shift and may determine (in its sole discretion) which Offer to accept (if any). If a Hospital accepts an Offer through the Platform, it becomes a Confirmed Booking. By accepting an Offer, a Hospital confirms that it is legally entitled to and capable of engaging the Nurse to supply the services described in the Offer.

4.6 Alternatively, a Hospital may contact our customer support team at 03 741 1557 with the details contained in a Hospital Listing, such as a description of the services they require, details of the shifts that are vacant and the hourly rate they propose to pay a Nurse for each vacant shift. Our customer support team will then create a Hospital Listing on the Platform on behalf of the Hospital. We will use reasonable efforts to keep you informed of any Offers. We will not accept an Offer on your behalf until you agree to the Offer in writing. Once you agree to the Offer in writing, we will accept the Offer through the Platform and this will become a Confirmed Booking.

4.7 Where a Hospital requests our customer support team to create a Hospital Listing on their behalf, the Hospital will be deemed a user of the Platform for the purposes of these Terms and Conditions.

5.Communication

5.1 We may contact you via the Platform using in-Account notifications, or via off-Platform communication channels, such as text message or email.

5.2 Hospitals and Nurses can communicate privately using our private messaging service or offline using the listed contact details once an Offer is made. Hospitals and Nurses must not use the contact details to organise the provision of the services off the Platform, or otherwise to attempt to circumvent the payment of Service Fees to us.

6.Arrangements between Hospitals and Nurses

6.1 Once a Hospital has accepted an Offer, the arrangements in relation to a shift are strictly a matter between the Hospital and the Nurse, including but not limited to, entering into any written agreements in relation to Confirmed Bookings, the timing and performance of the services and the cancellation, variation, or refund of any services.

6.2 Hospitals acknowledge and agree that that we make no warranties or representations regarding the suitability of a Nurse, their ability to meet your requirements or perform the services and are not liable for any Liability which arises as a result of or in connection with your arrangements with a Nurse, including the performance or cancellation of any services.

6.3 For disputes between Hospitals and Nurses, we encourage the Parties to attempt to resolve disputes (including claims for returns or refunds) with the other Party directly and in good faith, either on the Platform or through external communication methods. In the event that a dispute cannot be resolved through these means, the Parties may choose to resolve the dispute in any manner agreed between the Parties or otherwise in accordance with applicable laws.

6.4 This clause will survive the termination or expiry of these Terms.

7.Payments

7.1 As a Hospital, you agree to pay the hourly rate as set out in a Confirmed Booking (Nurse Fees).

7.2 We will invoice Hospitals at the end of each month in relation to the Nurse Fees for any Confirmed Bookings which are completed by Nurses during that month.

7.3 In consideration for providing the Platform, we will also charge the service fees (including any third-party payment processing fees) to the Hospital as set out on the Platform (Hospital Service Fee). You (the Hospital) agree to pay the Hospital Service Fee at the same time you pay the Nurse Fees.

7.4 All Nurse Fees are to be paid to us via our third party payment processor, and we will pay the Nurse Fees to the Nurse on a weekly basis for all completed Confirmed Bookings within that week.

7.5 The Platform will be provided to Nurses free of charge.

7.6 A Hospital must not pay, or attempt to pay, the Nurse Fees or Hospital Service Fee by fraudulent or unlawful means. If a Hospital makes a payment by debit card or credit card, it warrants that it is are authorised to use the debit card or credit card to make the payment.

7.7 Hospitals agree that we may set-off or deduct from any monies payable to either of them under these Terms, any amounts which are payable by them to us (whether under these Terms or otherwise).

7.8 We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.

8.Refunds and Cancellation Policy

8.1 The cancellation, variation, or refund of any services ordered on this Platform is strictly a matter between the relevant Hospital and Nurse. The terms and conditions agreed to between the Nurse and the Hospital must be set out clearly in the relevant Hospital Listing. Should the Nurse and Hospital agree to cancel a Confirmed Booking, the Hospital acknowledges and agrees that the Hospital Service Fee will remain payable to us, unless otherwise agreed between the parties.

9.Identify verification

9.1 If we choose to conduct identity verification or background checks on any Nurse, to the extent permitted by law, we disclaim all warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Nurse or guarantee that a Nurse will not engage in misconduct in the future. Any verification of Nurses on the Platform is not an endorsement or recommendation that the Nurse is trustworthy or suitable. Hospitals should do their own due diligence before using a Nurses services.

9.2 As a Nurse, we may offer you the option of verifying your identity and/or validating your Account using a third party verification service (Third Party ID Service).

9.3 Where you have elected to verify your identity under this clause, you acknowledge and agree that (1) we may contact, connect to or otherwise liaise with Third Party ID Services to validate your identity and information (Identity Check); (2) Third Party ID Services may provide us with your personal information or sensitive information, and you consent to us receiving and using this information to enable us to perform an Identity Check .

9.4 You acknowledge and agree that (1) the Identity Check may not be fully accurate, as they are dependent on the information provided by the relevant individual or business and/or information or checks performed by third parties; and (2) you should not rely on the Identity Checks, and you should make your own inquiries as to the accuracy, legitimacy, validity, credibility or authenticity of any users of the Platform.

10.Intellectual Property

10.1 All intellectual property (including copyright) developed, adapted, modified or created by us,our personnel or our Related Companies (including in connection with the Terms, any content on the Platform, and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us and our Related Companies.

10.2 We authorise you to use Our Intellectual Property solely for the purposes for which it was intended to be used.

10.3 You must not, without our prior written consent:

(a) copy, in whole or in part, any of Our Intellectual Property;

(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or

(c) breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.

10.4 Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:

(a) you do not assert that you are the owner of Our Intellectual Property;

(b) unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;

(c) you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and

(d) you comply with all other terms of these Terms.

10.5 This clause will survive the termination or expiry of these Terms and for the purposes of section 12 of the Contract and Commercial Law Act 2017 a breach of this clause by you is enforceable by us and/or our Related Companies.

11.Warranties

11.1 You represent, warrant and agree that:

(a) you will not use our Platform, including Our Intellectual Property, in any way that competes with our business;

(b) there are no legal restrictions preventing you from entering into these Terms;

(c) all information and documentation that you provide to us in connection with these Terms is true, correct and complete;

(d) you have not relied on any representations or warranties made by us in relation to the Platform (including as to whether the Platform is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms;

(e) where you are a Nurse, you are responsible for complying with all laws, rules and regulations which apply to providing the services in your Nurse Listings;

(f) where you are a Nurse, you are appropriately qualified, and have any required skills, knowledge or training, to provide the services; and

(g) where you are a Nurse, you are solely responsible for determining which shifts to apply for, the type, timing, manner and means, methods or processes of providing your services, the price you charge for services. You are not our employee and are not entitled to any employment benefits. We do not supervise, direct or control any of the services you offer. We do not set your fees, work hours, your schedule or your location. We do not provide you with training, equipment or tools or any materials to provide your services. You are responsible for any taxes payable on any fee you receive for your services.

(h) Where you are a Hospital, you are solely responsible for determining which Nurse to make an Offer to, the type and timing of engaging a Nurse’s services and the price you pay for the services. You acknowledge that we are not an agent for you or an employer and that Nurses are not our employees. We do not supervise, direct or control any of the Nurses and do not set their hourly rates, work hours, schedule or location. We do not provide Nurses with training, equipment or tools or any materials to provide their services. You are responsible for paying any taxes payable in connection with your entering into a Confirmed Contract.

12.New Zealand Consumer Law

12.1 The Parties agree that:

(a) they are in trade and are supplying and acquiring the services for the purpose of trade;

(b) to the maximum extent permitted by law, the provisions of the Consumer Guarantees Act 1993 do not apply to these Terms and the provision of the Platform by us; and

12.2 This clause will survive the termination or expiry of these Terms.

13.Exclusions to liability

13.1 Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:

(a) the use or results of any Third Party ID Service or Identity Check;

(b) any aspect of the Hospital and Nurse interaction including the services offered by the Nurse, the description of the services requested or offered, any advice provided, the performance of services or; and

13.2 You agree to indemnify us for any Liability we incur due to your breach of the Acceptance and Platform Licence clause, the Confidentiality clause and the Intellectual Property clause of these Terms.

13.3 This clause will survive the termination or expiry of these Terms.

14.Limitations on liability

14.1 To the maximum extent permitted by law:

(a) neither Party will be liable for Consequential Loss;

(b) each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party or any of that Party’s personnel, including any failure by that party to mitigate its losses; and

(c) our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplying the NurseMaster Services to you or, where you are a Hospital, in our sole discretion, to us repaying you the amount of the Hospital Service Fees paid by you to us in respect of the supply of the NurseMaster Services to which the Liability relates.

14.2 This clause will survive the termination or expiry of these Terms.

15.Termination

15.1 Your Account and these Terms may be terminated by you at any time, using the ‘cancel Account’ functionality (or similar) in the Account page section of your Account settings.

15.2 We may terminate these Terms at any time by giving 30 days’ written notice to you (Termination for Convenience).

15.3 These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:

(a) the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or

(b) the Defaulting Party is unable to pay its debts as they fall due.

15.4 Should we suspect that you are in breach of these Terms, we may suspend your Account while we investigate the suspected breach.

15.5 Upon expiry or termination of these Terms:

(a) we will remove your access to the Platform;

(b) we will immediately cease providing the NurseMaster Services;

(c) you agree that other than where termination is due to our Termination for Convenience and to the maximum extent permitted by law, any payments made by you to us (including any Hospital Service Fees) are not refundable to you;

(d) where you are a Nurse, you will be paid for any completed Confirmed Bookings up until (and including) the date of expiry or termination;

(e) where you are a Hospital, we will invoice you for any Nurse Fees and Hospital Service Fees incurred up until (and including) the date of expiry or termination;

15.6 Where we terminate the Terms for any reason other than a Termination for Convenience, you also agree to pay us our reasonable additional costs directly arising from such termination (including legal fees, debt collector fees and mercantile agent fees).

15.7 Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.

15.8 This clause will survive the termination or expiry of these Terms.

16.Nurse insurance

16.1 As a Nurse, we may request that you provide evidence of your insurance. Where we do so, we are not confirming that the insurance you have is sufficient or suitable for the services you choose to provide to Hospitals. If we do not ask you to provide evidence of insurance this does not indicate that we believe you do not require insurance. You acknowledge and agree it is your responsibility to make your own investigations and receive professional advice on the insurance you require.

17.Notice regarding Apple

17.1 To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.

17.2 Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.

17.3 If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.

17.4 Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

17.5 Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.

17.6 You agree to comply with any applicable third-party terms when using our mobile application, including any Usage Rules set forth in the Apple App Store Agreement of Service.

17.7 Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

17.8 You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

18.General

18.1 Assignment: Subject to the below clause, a Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).

18.2 Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.

18.3 Confidentiality: Other than where the disclosure is permitted by law, each Party agrees not to disclose any confidential information it may access on or through the Platform to a third party, or otherwise misuse such confidential information. Confidential information may include confidential information supplied to you by us, by a Hospital, or by a Nurse.

18.4 Disputes: In relation to a dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) between a Hospital and us, or a Nurse and us, a Party may not commence court proceedings relating to a Dispute without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the New Zealand Law Society to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

18.5 Entire Terms: These Terms contain the entire understanding between the Parties and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in these Terms, and these Terms supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter. Without limiting the previous sentence, the Parties agree to contract out of sections 9, 12A and 13 of the Fair Trading Act 1986, and that it is fair and reasonable that the Parties are bound by this clause.

18.6 Further assurance: Each Party must promptly do all things and execute all further instruments necessary to give full force and effect to these Terms and their obligations under it.

18.7 Governing law: This Agreement is governed by the laws of New Zealand. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New Zealand and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

18.8 Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

18.9 Privacy: Each Party agrees to comply with the legal requirements of the New Zealand Privacy Principles as set out in the Privacy Act 2020 and any other applicable legislation or privacy guidelines.

18.10 Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.

18.11 Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

18.12 Third party sites: The Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Platform, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Platform (Affiliate Link) or for featuring certain products or services on the Platform. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Platform, or which (if any) third party links are Affiliate Links.

19.Definitions

19.1 Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

19.2 Intellectual Property means any copyright, registered or unregistered designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.

19.3 Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.

19.4 Intellectual Property Breach means any breach by you (or any of your personnel) of any of our Intellectual Property Rights (or any breaches of third party rights including any Intellectual Property Rights of third parties).

19.5 Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

19.6 Related Company has the meaning given to that term in section 2(3) of the Companies Act 1993.

For any questions or notices, please contact us at:

NurseMaster Limited NZCN 8750807

Email: Support@NurseMaster.co.nz

Last update: 28 July 2023