Refunds, T&C’s

Terms of Use of Labour8


Thank you for looking at choosing Labour8, an online labour cost management Product designed especially for small businesses. These Terms are binding on any use of the Product and apply to You from the time that Labour8 provides You with access to the Product. These Terms of Use are intended to explain our obligations as a Product provider and Your obligations as a customer. Please read them carefully.

The Labour8 Product will evolve over time based on user feedback. These Terms are not intended to answer every question or address every issue raised by the use of the Labour8 Product. Labour8 reserves the right to change these terms at any time, effective upon the posting of modified terms and Labour8 will make every effort to communicate these changes to You via email or notification via the Website. It is likely the terms of use will change over time. It is Your obligation to ensure that You have read, understood and agree to the most recent terms available on the Website.

By registering to use the Product you acknowledge that You have read and understood these Terms and have the authority to act on behalf of any person for whom You are using the Product. You are deemed to have agreed to these Terms on behalf of any entity for whom you use the Product.

These Terms were last updated on 12 September 2019 to change the method for providing notice to Labour8 and submitting support queries. The changes will be effective immediately.

1. Definitions

"Access"means access to use the product which is dependent on your availability of the Internet

"Access Fee/s"means the fees paid by you to access the Labour8 system in accordance with the conditions

"Advisor/s"means available resources that you may call upon for knowledge, advice and support. Advisors must be approved by Labour8. Labour8 only acknowledges approved advisors as published or made available via Labour8. Labour8 accepts no responsibility or liability for their Product or advice. You shall make yourself familiar with the terms of their Product and accept their Products as part of your own responsibility.

"Agreement"means these Terms of Use.

"One Off Fee"means the fee paid once per company (excluding any taxes and duties) payable by You in accordance with the Published Price or Price Schedule.

"Annual Software Support License"means the fee paid once per year per company (excluding any taxes and duties) payable by You in accordance with the Published Price or Price Schedule.

"Confidential Information"includes all personal information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Product but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.

"Conditions"means the obligations, terms and limitations as described on the website and in this document. These may be changed or updated from time to time by Labour8 and are available via the Website.

"Customisation"means customised reports and management Products made available (as may be changed or updated from time to time by Labour8) via the Website.

"Data"means any data inputted by You or with Your authority into the Website. This should be considered as personal data that remains confidential, and general data that helps you and others to benchmark your performance and improve your profitability

"Fee Schedule"means the information relating to the products, subscriptions and services billing set out on the Labour8 subscriptions and billing pages on the website or any other page(s) on the Website notified by Labour8, which may be updated or amended by Labour8 from time to time.

"General Information/data"Information that is not the Company Name, or private data relating to Personal names, phone numbers, physical addresses, IRD numbers, photo’s relating to individual people.

"Intellectual Property Right"means any patent, trademark, Product mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.

"Invited User"means any person or entity, other than the Subscriber, that uses the Product with the authorisation of the Subscriber from time to time.

"Labour8"means Labour8 Limited, New Zealand

"Limitation"means a boundary or maximum for consideration

"Personal Information/Data"Personal Information is limited to names, phone numbers, physical addresses, IRD numbers, photo’s relating to individual people, and does not include general or other data.

"Permission"means permission that you give to your own representative, advisors and Labour8 to share or use data that you have input into Labour8. Permission only extends to the company or entity who purchased Labour8. You do not have our permission to use the Labour8 software for the benefit of anyone other than yourself. Any breach of this condition will result in your acceptance of paying Labour8 for lost revenue, and all costs legal and otherwise associated with the breach. There will be an hourly charge applied for resolving this issue for all time spent by Labour8 staff. This hourly rate charge is defined in the Fee Schedule.

"Price Schedule"Relates to a list of products and services made available that are seperate and additional to the Labour8 offering, but may include the Website pricing

"Privacy"Relates to personal data of your company and staff. And includes names, phone numbers, physical addresses, IRD numbers. Anonymous data may be extracted by Labour8 for Industry Comparison and other purposes.

"Product"means item paid for on a one-off basis and may be referred to as a system (also see Subscription)

"Free Product/s"means item/s, resources, services etc that correspond with a product, service or subscription that are supplied free of charge to the User

"Refund"means the return of monies paid to Labour8 Limited, New Zealand by the Subscriber/User that relate to a particular purchase and time period

"Subscriber"means the Company that registers to access the Product, and, where the context permits, includes any entity on whose behalf that person registers to use the data.

"Subscription"means refers to the need to purchase on a re-occurring basis (also see Product)

"User"means the Company administrator assigned by the purchaser of Labour8 that is registered by the Subscriber to use the Product, and, where the context permits, includes any legitimate entity or other person on whose behalf that administrator bestows the right to use the product or data

"Website"means the Internet site at the domain www.labour8.com

"You"means the Subscriber/User, and where the context permits, an Invited User. "Your" has a corresponding meaning. You/Your includes any liquidator or receiver appointed on your behalf

2. Use of Software

Labour8 is sold as a product with a one-off payment. The right to access the product lasts for 1 Year from the date of purchase and it does not require monthly licensing. Thereafter, the right to access the product is dependent on purchasing Pre-paid Subscriptions for the Software Support which is done at one-year intervals. This price is laid out on the Website or where applicable in the price schedule.

Labour8 grants You the right to access and use the Product via the Labour8 Website with the particular user roles available to You according to Your client type. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement. You acknowledge and agree that, subject to any applicable written agreement between the Subscriber and the Invited Users, or any other applicable laws:

1. the Subscriber determines who is an Invited User and what level of user role access to the relevant organisation and Product that Invited User has;

2. the Subscriber is responsible for all Invited Users’ use of the Product including any advisors or consultants that you engage;

3. the Subscriber controls each Invited User’s level of access to the relevant organisation and Product at all times and can revoke or change an Invited User’s access, or level of access, at any time and for any reason, in which case that person or entity will cease to be an Invited User or shall have that different level of access, as the case may be;

4. if there is any dispute between a Subscriber and an Invited User regarding access to any organisation or Product, the Subscriber shall decide what access or level of access to the relevant Data or Product that Invited User shall have, if any.

5. Accuracy: you accept that the calculations done by the Labour8 system are of an approximate nature and that they are only as accurate as the data you supply at any given point in time and to an approximate figure. The data and reports are not meant to produce very accurate figures such as those found in accounting, general ledger or payroll systems.

6. External Users/Advisors may be granted access by the User if the External User/Advisor complies with their own Terms of usage as set by Labour8 Ltd. External Users may only access the Users data if they are an already registered Advisor with Labour8. External Users/Advisors will be required to meet their own obligations before access is granted

3. Your Obligations

1. Payment obligations:

By agreeing to these terms you may purchase a one-off company license. This license remains in place until termination or for as many years as you chose to retain Access to the Products as purchased. This license is not transferable

An annual software support license fee (which may change from time to time) will be required if you wish to continue to get access to the Product. Failure to pay this license will immediately suspend access to the Product. Upon suspension 3 x reminders will be dispatched to your supplied email address over a period of 3 months. Thereafter your access will move from a suspended status to a cancelled status. If payment is received during the suspended period, all Products will be reinstated.

2. Consequences of Non-Payment:

If payment is not received and the access status converts to that of cancelled, all data and privileges will be lost.

3. Record of Payment/s:

Your Credit Card or Bank Statement will show the purchase as Labour8

An invoice for the One-Off License, the Annual Software Support Fee or any other products, consulting, systems, services, subscriptions offered, will be issued after each payment is received in accordance with the details set out in the Fee Schedule. Labour8 will continue invoicing You in accordance with the indicated price or Fee Schedule until this Agreement is terminated in accordance with the Termination Clauses (Clause 16)

All Labour8 invoices will be sent to You, or to a Billing Contact whose details are provided by You, by email. Payment of all amounts specified in an invoice must be paid in accordance with the Website Prices or Price Schedule. You are responsible for payment of all taxes and duties in addition to the Access Fee.

An invoice for the One-Off License, the Annual Software Support Fee or any other products, consulting, systems, services, subscriptions offered, will be issued after each payment is received in accordance with the details set out in the Fee Schedule. Labour8 will continue invoicing You in accordance with the indicated price or Fee Schedule until this Agreement is terminated in accordance with clause 8.

4. Preferential pricing or discounts:

You may from time to time be offered preferential pricing or discounts for the Access Fees as a result of the number of organisations that You have added to the Product or that have been added with Your authority or as a result of Your use of the Product ('Organisations'). Eligibility for such preferential pricing or discounts is conditional upon Your acceptance of responsibility for payment of any Access Fees in relation to all of Your Organisations. Without prejudice to any other rights that Labour8 may have under these Terms or at law, Labour8 reserves the right to render invoices for the full (non-discounted) Access Fees due or suspend or terminate Your use of the Product in respect of any or all of Your Organisations in the event that any invoices for those Access Fees are not paid in full in accordance with the requirements set out in the Fee Schedule.

5. Pricing:

Product Pricing is indicated in the Website and applies at the time of Purchase. Further options and the pricing for some of these options are available in the Price Schedule on application. Purchase of the options is not done generally through the website but rather after consultation.

Access pricing is Pre-paid. Access after Year 1 is via the software support Subscription. This is done at one-year intervals. This price is as published in the Website at the time of purchase and lasts for 1 year from the date of Purchase. Over time the software support with Access price may be amended. You will receive notification in advance of such amendments. They will be as laid out in a Price Schedule or Notification or published on the Website.

6. General Obligations:

Access to use the product is dependent on your ability to access the Internet

You must only use the Product and Website for Your own lawful internal business purposes, in accordance with these Terms and any notice sent by Labour8 or condition posted on the Website. Only Advisors are recognised by Labour8 as people who may use the Product and Website on behalf of others or in order to provide Products to others. You must ensure that You authorise the people to do so and that all persons for whom or to whom Products are provided comply with and accept all terms of this Agreement that apply to You.

The rights to use all data and reports produced by using Labour8 are extinguished on cancellation or termination of our Product or rights of access are cancelled. You indemnify Labour8 from any unwarranted use of this data after the Product has been cancelled and/or terminated.

7. Obligations Beyond Termination

You acknowledge that once access and usage of the Products or Subscriptions are terminated, all rights of use to previously supplied reports and data are extinguished and along with this all rights to pursue Labour8 for damages pursuant to this data are extinguished as well

4. Data Transactions - Data Transfer Between Labour8 and other Software Products

Where available, automated transaction data feeds are generally provided to You free of charge. However, Labour8 reserves the right to pass on any additional charges related to the provision of fed data on a case-by-case basis at Labour8’s sole discretion. Labour8 would first inform You via email to indicate what those charges are likely to be (as such charges may vary). You have the option to decide to discontinue use of automated these feeds at any time. To exercise this option, you must give Labour8 sufficient prior notice of which data feeds you want to discontinue. Upon receiving such notice Labour8 will arrange for such feeds to be terminated in accordance with each system.

5. Access Conditions

1. The ability to access the product/s is dependent on your ability to access the internet at reasonable speeds (Fibre connections are recommended) . Labour8 warrants that the up time and the ability to Access to the Product will be at no less than 94.95% per month

2. Labour8 is sold as a product with a one-off payment. The right to use the product operates indefinitely. Access to the product occurs for 1 Year from the date of purchase and it does not require monthly licensing. Thereafter, you do not pay for the product again, but you do pay for access to use the product which is dependent on purchasing.

3. You must ensure that all usernames and passwords required to access the Product are kept secure and confidential. You must immediately notify Labour8 of any unauthorised use of Your passwords or any other breach of security and Labour8 will reset Your password and You must take all other actions that Labour8 reasonably deems necessary to maintain or enhance the security of Labour8's computing systems and networks and Your access to the Products.

4. As a condition of these Terms, when accessing and using the Products, You must:

i. not-attempt to undermine the security or integrity of Labour8's computing systems or networks or, where the Products are hosted by a third party, that third party's computing systems and networks;

ii. not use, or misuse, the Products in any way which may impair the functionality of the Products or Website, or other systems used to deliver the Products or impair the ability of any other user to use the Products or Website

iii. not attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which the Products are hosted;

iv. not transmit, or input into the Website, any: files that may damage any other person's computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use); and

v. do not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Products or to operate the Website except as is strictly necessary to use either of them for normal operation.

6. Limitations

i. Limitations of Data Refreshes:
You may update your company and staff data at anytime.However, the data will only appear in the reports as frequently as your plan allows. For all Basic, Pro and Advisor Users the data will appear in the Reports once the data is refreshed. There are 8 scheduled refreshes per day at the following times; am- 9:30 and 10:30, and pm - 1:30, 2:30, 3:30, 4:30, 9:30. These schedules may increase in number without notice.

ii. Limitations for Free Products/Services/Information:
Free Products are those items that are not paid for but are accessible through Labour8. Free Products include the items found in the Resources, Library, and Affiliates sections of the Website. Free Products are assembled, accessed and provided by Labour8 on the condition that the User accepts that usage of these products comes with no warranty or guarantee or rights to seek damages beyond what was paid for in accessing the items(free)

iii. Usage Limitations:
Use of the Product may be subject to limitations, including but not limited to monthly transaction volumes and the number of reports You are permitted to make against Labour8’s application programming interface. Any such limitations will be advised.

7. Communication Conditions:

As a condition of these Terms, if You use any communication tools available through the Website (such as any our future forum, chat room or message center), You agree only to use such communication tools for lawful and legitimate purposes. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Products, including (but not limited to): offers of goods or Products for sale, unsolicited commercial e-mail, files that may damage any other person's computing devices or software, content that may be offensive to any other users of the Products or the Website, or material in violation of any law (including material that is protected by copyright or trade secrets which You do not have the right to use).

When You make any communication on the Website, You represent that You are permitted to make such communication. Labour8 is under no obligation to ensure that the communications on the Website are legitimate or that they are related only to the use of the Products. As with any other web-based forum, You must exercise caution when using the communication tools available on the Website. However, Labour8 does reserve the right to remove any communication at any time in its sole discretion.

8. Indemnity

You indemnify Labour8 against: all claims, costs, damage and loss arising from Your breach of any of these Terms or any obligation You may have to Labour8, including (but not limited to) any costs relating to the recovery of any Access Fees that are due but have not been paid by You.

9. Confidentiality and Privacy

1. Confidentiality:

Unless the relevant party has the prior written consent of the other or unless required to do so by law:

1. Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms.

2. Each party's obligations under this clause will survive termination of these Terms.

3. The provisions of clauses 4.1.1 and 4.1.2 shall not apply to any information which:

i. is or becomes public knowledge other than by a breach of this clause;

ii. is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;

iii. is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or

iv. is independently developed without access to the Confidential Information.

2. Privacy:

Labour8 maintains a privacy policy that sets out the parties’ obligations in respect of Personal Information. You should read that policy at www.Labour8.com/Privacy/ and You will be taken to have accepted that policy when You accept these Terms

10. Intellectual Property

1. General:

Title to, and all Intellectual Property Rights in the Products, the Website and any documentation relating to the Products remain the property of Labour8 (or its licensors).

2. Ownership of Data:

Title to, and all Intellectual Property Rights of the Personal Data remain Your property. Title to, and all Intellectual Property Rights in, the General Data remain Our property(you and Labour8). However, Your access to the Data is contingent on full payment of the Labour8 Fees when due. You grant Labour8 a licence to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Products and for any other purpose related to provision of Products to You.

3. Backup of Data:

You must maintain copies of all Data inputted into the Product. Labour8 adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. Labour8 expressly excludes liability for any loss of Data no matter how caused.

4. Third-party applications and your Data

If You enable third-party applications for use in conjunction with the Products, You acknowledge that Labour8 may allow the providers of those third-party applications to access Your Data as required for the interoperation of such third-party applications with the Products. Labour8 shall not be responsible for any disclosure, modification or deletion of Your Data resulting from any such access by third-party application providers.

11. Acknowledgement:

You acknowledge that:

1. You are authorised to use the Products and the Website and to access the information and Data that You input into the Website, including any information or Data input into the Website by any person you have authorised to use the Product. You are also authorised to access the processed information and Data that is made available to You through Your use of the Website and the Products (whether that information and Data is Your own or that of anyone else).

2. Labour8 has no responsibility to any person other than You and nothing in this Agreement confers, or purports to confer, a benefit on any person other than You. If You use the Products or access the Website on behalf of or for the benefit of anyone other than yourself (whether a body corporate or otherwise) you agree that:

3. You are responsible for ensuring that You have the right to do so;

4. You are responsible for authorizing any person who is given access to information or Data, and you agree that Labour8 has no obligation to provide any person access to such information or Data without Your authorisation and may refer any requests for information to You to address; and

5. You will indemnify Labour8 against any claims or loss relating to:

i. Labour8's refusal to provide any person access to Your information or Data in accordance with these Terms,

ii. Labour8’s making available information or Data to any person with Your authorisation.

6. The provision of, access to, and use of, the Products is on an "as is " basis and at Your own risk.

7. Labour8 does not warrant that the use of the Product will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Product, including public telephone Products, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Products. Labour8 is not in any way responsible for any such interference or prevention of Your access or use of the Products.

8. Labour8 is not Your accountant and use of the Products does not constitute the receipt of accounting advice. If You have any accounting questions, please contact an accountant.

9. It is Your sole responsibility to determine that the Products meet the needs of Your business and are suitable for the purposes for which they are used.

10. You remain solely responsible for complying with all applicable tax and other laws. It is Your responsibility to check that storage of and access to your Data via the Software and the Website will comply with laws applicable to you (including any laws requiring you to retain records).

12. No warranties:

Labour8 gives no warranty about the Products. Without limiting the foregoing, Labour8 does not warrant that the Products will meet Your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.

13. Accuracy of Figures

Accuracy: you accept that the calculations done by the Labour8 system are of an approximate nature and that they are only as accurate as the data you supply at any given point in time and to an approximate figure. The data and reports are not meant to produce very accurate figures such as those found in accounting, general ledger or payroll systems

14. Consumer Guarantees:

You warrant and represent that You are acquiring the right to access and use the Products for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Products, the Website or these Terms.

15. Limitation of Liability

1. To the maximum extent permitted by law, Labour8 excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Product or Website.

2. If You suffer loss or damage as a result of Labour8's negligence or failure to comply with these Terms, any claim by You against Labour8 arising from Labour8's negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Access Fees paid by You in the previous 12 months.

3. If You are not satisfied with the Product, Your sole and exclusive remedy is to terminate these Terms in accordance with Clause 8.

16. Refunds and Terminations

1. Refund

Labour8 will provide a refund under the following conditions;

i. the product was purchased accidentally more than once by the same company when only one purchase was intended. The original client/purchaser shall notify Labour8 within one calendar week of any accidental purchase and request a refund

ii. at its own discretion Labour8 views the purchaser as a non-genuine user who has possible conflict of interests with the best interests of Labour8

iii. Labour8 decides that a pending issue or dispute with a client is more economically resolved by issuing a refund

iv. Labour8 will NOT provide a refund should you simply change your mind

2. Terminations

1. How To Terminate

You may delete Your organisation in the 'Labour8 Settings' section of the Products.

2. Prepaid Access and Subscriptions

Labour8 will not provide any refund for any remaining prepaid period for a prepaid Access Fee subscription.

3. No-fault Termination:

These Terms will continue for the period covered by the Access Fee paid or payable under clause 3.1. At the end of each billing period these Terms along with any updated terms will automatically continue for another period of the same duration as that period, provided You continue to pay any prescribed Access Fee in accordance with the Published Price or Price Schedule, unless either party terminates these Terms by giving at least one month’s advance written notice. If You elect to terminate these Terms by providing advance written notice, You shall be liable to pay all relevant Access Fees up to and including the day of termination of these Terms.

4. Termination Because of a Breach By The User

If You:

1. should you breach any of these Terms and you do not remedy the breach within 14 days after receiving notice of the breach, if the breach is capable of being remedied;

2. breach any of these Terms and the breach is not capable of being remedied (which includes (without limitation) any breach of clause 3.4 or any payment of Access Fees that are not paid in full in accordance with the requirements set out in the Published Price or Price Schedule); or

3. You or Your business become insolvent or Your business goes into liquidation or has a receiver or manager appointed of any of its assets or if You become insolvent, or make any arrangement with Your creditors, or become subject to any similar insolvency event in any jurisdiction. You shall notify your liquidator/receiver that all fees paid to Labour8 are non-refundable.

4. In respect to the Clauses 16 - 4.1, 4.2. 4.3 above, Labour8 may take any or all of the following actions, at its sole discretion:

i. Terminate this Agreement and Your use of the Products, Access, Subscriptions and the Client use of the Website;

ii. Suspend for any definite or indefinite period of time, Your use of the Products and the Website;

iii. Suspend or terminate access to all or any Data.

iv. Take either of the actions in sub-clauses (i), (ii) and (iii) of this clause 8(4) in respect of any or all other persons whom You have authorised to have access to Your information or Data.

For the avoidance of doubt, if payment of any invoice for Access Fees due in relation to any of Your Billing Contacts, Billing Plans or any of Your Organisations (as defined at clause 3) is not made in accordance with the requirements set out in the Published Price or Price Schedule, Labour8 may: suspend or terminate Your access and use of the Product/s, Your Advisor/s access and use of the Product/s, the authority for all or any of Your Organisations to use the Product/s, or Your rights of access to all or any Data.

5. Accrued Rights

Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement You will:

1. remain liable for any accrued charges and amounts which become due for payment before or after termination; and

2. immediately cease to use the Products and the Website.

6. Expiry or Termination (Survival of Terms)

Clauses 3.1, 3.6, 3.7, and Clauses 9,10,11,12,13,14,15,16,18 shall survive the expiry or termination of these Terms.

17. Help Desk

1. Technical Problems:

In the case of technical problems You must make all reasonable efforts to investigate and diagnose problems before contacting Labour8. If You still need technical help, please check the support provided online by Labour8 on the Website or failing that contact us via the address support@labour8.com or Phone 03) 595 5271. If the technical issue proves to be a condition at their end and/or associated with the User, Labour8 reserves the right to charge the User according to the Technical Support Fees as laid out in the Price Schedule

2. Product availability:

Whilst Labour8 intends that the Products should be available 24 hours a day, seven days a week, it is possible that on occasions the Products or Website may be unavailable to permit maintenance or other development activity to take place.

If for any reason Labour8 has to interrupt the Products for longer periods than Labour8 would normally expect, Labour8 will use reasonable endeavours to publish in advance details of such activity on the Website.

18. General

1. Entire agreement:

These Terms, together with the Labour8 Privacy Policy and the terms of any other notices or instructions given to You under these Terms of Use, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between You and Labour8 relating to the Products and the other matters dealt with in these Terms.

2. Waiver:

If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

3. Delays:

Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.

4. No Assignment:

You may not assign or transfer any rights to any other person without Labour8's prior written consent.

5. Governing law and jurisdiction:

You are accessing using the Products and the Website is solely that of a company who is a tax resident in New Zealand at the time that You accept these terms then New Zealand law governs this Agreement and You submit to the exclusive jurisdiction of the courts of New Zealand for all disputes arising out of or in connection with this Agreement. You agree that any court action between parties will be held in the court closest to the residency of Labour8 New Zealand.

If the information or Data You are accessing using the Products and the Website is solely that of a company who is a tax resident in Australia at the time that You accept these terms then Nw Zealand law governs this Agreement and You submit to the exclusive jurisdiction of the courts of New Zealand for all disputes arising out of or in connection with this Agreement. You agree that any court action between parties will be held in the court closest to the residency of Labour8 New Zealand

6. Severability:

If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.

7. Notices:

Any notice given under these Terms to you by Labour8 will be sent to the email address that You provided when setting up Your access to the Product, and will be deemed to have been given upon transmission. Any notice given under these Terms to Labour8 by You must be submitted in writing via the admin@labour8.com address, and will be deemed to have been given upon successful submission.

8. Rights of Third Parties:

A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.

19. Additional Terms

1. Consumers

Labour8 is not intended for consumer use (i.e., use for personal, family or household purposes).

2. Accuracy

Any transaction information imported into Your Labour8 account will be a reflection of the transaction information held with Your payment Product provider (e.g., the information held in your online banking transactions). We aren’t responsible for any inaccuracy or incompleteness of this information.

3. Liability

For the purposes of these additional terms relating to the Products, our maximum aggregate liability to You arising out of or in connection with the unauthorised disclosure of Your sensitive payment data, where sensitive payment data is used to commit fraud, shall be limited to one times the fees paid by You to us in the preceding 12 months. Otherwise, the liability limitations in the Agreement will apply to the account information Products in the normal way as part of the Products.

4. Communications

As a technology focused company, we prefer to communicate with you online.

Please use admin@labour8.com to communicate with us

You may phone us on: +64 3 595 5271

Labour8.com
Woods Mill Building
Office 1, Level 1
14 Wise Street,
Addington
Christchurch 8024
New Zealand

PO Box 12-295, Beckenham
Christchurch 8011
New Zealand
5. Payment Product Provider Communications (PSP)

If we are required to communicate with You via the PSP, we will:

a. Communicate general messages with a notification on the Website; and

b. Communicate messages specific to You, including in the event of actual or suspected fraud, to the email address provided by You during the registration process.

These additional terms applying to account information Products are concluded in English and all information and notifications under these additional terms will also be in English.

6. PSP Definitions

"Consolidated information" means a form of information created using Your transaction information, as part of the account information Product.

"Payment account" means an account that is used for the execution of payment transactions, such as a current account.

"Payment Product provider" means an entity which provides payment Products as set out in the PSPs (e.g., a bank).

"Sensitive payment data" means Your information that could be reasonably used to carry out fraud, including Your personalised security credentials (but excluding, in relation to Your payment account(s), the name of the account holder and the account number).

"Transaction information" means the information We access from Your payment account(s) concerning Your payment transactions.