The Agreement
1. Acceptance of Terms
Welcome to Nuvo Work (“Service” or “Site”), owned and operated by Nuvo Work Limited (“Nuvo Work”). By signing up or using the Site in any way, you are agreeing to comply with and be bound by this Agreement, the Privacy Policy and all rules, policies, and disclaimers posted on the Site or about which you are notified from time to time (collectively “Terms”). Please review all of the Terms carefully before using the Site. By accepting these terms you agree that you are over the age of eighteen (18) and able to form legally binding contracts. You also agree to our Privacy Policy, which is incorporated into this Agreement.
2. Definitions
The words “User,” “you” and “your” refer to the person or entity that uses Nuvo Work, whether as an Expert or as a Customer. “Nuvo Work,” “we,” “us” and “our” refer to Nuvo Work. “Customer” refers to any person who uses the Site, including without limitation a person who seeks or books services from an Expert, but excludes an Expert. “Expert” refers to a person who is described as an Expert and provides or is set up to provide services to a Customer via the Site, including without limitation via a video call that is booked through or with use of the Site.
3. Rights to Modify Terms
Nuvo Work may modify this Agreement or any of the Terms at any time by posting them on the Site. Changes to Terms (“Changes”) shall automatically be effective upon posting. However, if the Changes are material then the following applies to registered Users; the Changes will also be notified to registered Users (through the Site or by email); the Changes will be effective 30 days after posting; and registered Users may cancel their account when the changes come into effect.
For all Users, continued use of the Service following Changes coming into effect will signify your acceptance of the Changes. If you do not accept the Changes, your sole and exclusive remedy is to cancel your account and discontinue using the Site. The latest Terms will be posted on the Site, and you should always review them prior to using the Site.
4. Nuvo Work is a Platform Only
The Nuvo Work Site is a platform for informational and educational purposes, owned and operated by Nuvo Work, that exists to connect Customers with Experts from whom they may be interested in purchasing services. Nuvo Work does not provide or sell informational or educational services that are provided by Experts via the Site, and such services are provided directly by Experts to Customers (“Expert Services”). Experts are not employees or agents of Nuvo Work. Instead, Experts are independent service providers using the Site to sell their expert knowledge to Customers.
Nuvo Work is not involved in the conversations between Customers and Experts. You understand and acknowledge that Nuvo Work cannot and does not edit, modify, filter, screen, monitor, endorse or guarantee the content of calls. Nuvo Work shall not be liable for any acts or omissions of Experts. We cannot ensure that an Expert will complete a transaction. Nuvo Work reserves the right, but is not obligated, to refuse to post or to remove any content or User’s access to the Site.
Nuvo Work takes efforts to verify the experience of Experts, but cannot be responsible for, warrant or guarantee an Expert's purported identity, quality or information as Nuvo Work is not the provider of Expert Services. Customers acknowledge that Nuvo Work will not be liable for any loss or damage caused by their reliance on any Expert Services.
5. Information Not Advice; No Client-Professional Relationship; Not for Emergency Situations
Expert Services are to be used by Customers for general information purposes only, not as a substitute for in-person evaluation or specific professional (medical, legal, tax, financial, etc.) advice. For example, Experts in the Legal category will provide only general information about the law, and will not provide legal advice nor propose a specific course of action for a Customer, and so the information will not be privileged. Experts do not intend to form, and do not form any professional-client relationships with Users, whether lawyer-client or otherwise. In any event, Experts in some categories may be licensed, certified, educated, employed by or have experience in only particular jurisdictions.
For any emergency or crisis situations, such as relating to mental health or medical issues, the Site is not the appropriate forum. In such circumstances you should contact emergency services and the support of qualified professionals.
6. User Accounts
A. User Accounts. When you register as a User on the Site, you are responsible for maintaining the confidentiality of your user name, and account data, and you may not share this information or your account with anyone else, and you will be solely responsible for all acts or omissions that occur under your account. You will immediately notify Nuvo Work of any unauthorized use of your account. You should only create one account on the Site. If your Nuvo Work account has been suspended or terminated, you may not open another account on the Site.
You agree to keep your contact and billing information (including but not limited to email address) up-to-date, and to comply with all billing procedures, including providing and maintaining accurate and lawful billing information.
B. Restricted Activities. You agree that any content you provide on or via the Site, and your use of our Site, or your use or provision of Expert Services or any related services shall not: (a) be fraudulent, inaccurate or misleading; (b) infringe any third party’s proprietary rights or rights of publicity or privacy; (c) be illegal or violate any law, regulation or ethical code; (d) be defamatory, unlawfully threatening or unlawfully harassing; (e) be obscene or contain pornography or content that is adult in nature or harmful to minors; (f) create liability for us; (g) contain any viruses, Trojan horses, or other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any information, system or data; or (h) include links that create liability for us or are infringing or direct people to infringing material.
You may not engage in any action that could cause us to violate any applicable law or regulation.
C. Suspension or Termination of Service. You may terminate your account at your discretion by written notice via the Site. Terminations typically will be effective within thirty business days after our receipt of your termination notice, at which time your account will be closed. Any fees accrued as of the effective date of termination will be payable according to the Terms.
Our overriding obligation is to maintain a safe, trusted and quality platform that achieves the mission of Nuvo Work. With this in mind, at any time, with or without notice, for any or no reason, Nuvo Work reserves the right to modify or discontinue any portion or all of the Site or Services, and to restrict, suspend or terminate any User account on the Site.
D. Charges; Cancellation Policy
Customers will pay the listed fee for Expert Services. Nuvo Work collects fees on behalf of Experts. Customers may be charged for Expert Services at the time of booking or at another point in the transaction, in line with our policy from time to time. Cancellations and reschedules may incur charges so please review our cancellation policy which will be published from time to time.
Nuvo Work maintains the right to initiate special discounted pricing, membership, and other programs in its sole discretion. Ratings functionality may be available on the Site from time to time, and you agree to utilise that functionality in good faith and acknowledge your feedback may be publicly available.
7. Legal Statements
A. Intellectual Property
Nuvo Work owns all rights in the Site and content displayed on the Site with the exception of content you submit or display on the Site. You grant to Nuvo Work a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable (through multiple tiers) right to use, reproduce, display in any medium, edit, copy, modify, transmit, publicly perform, extract and create derivative works of any content you submit or display on the Site.
You agree that any materials, ideas, comments and testimonials you submit on the Site or to us will not be considered confidential and may be used by us in our sole discretion, without any obligation to compensate for use of or to return any submitted materials.
B. No Endorsement of Non-Nuvo Work Entity; No Relationship with Users; No Liability
Nuvo Work may offer to its Users products and services offered by non-Nuvo Work entities. The Site may contain links to third party websites and service providers (collectively “Third Party Services”) that are not owned or controlled by Nuvo Work. Nuvo Work has no control over and assumes no responsibility for the content, practices, and privacy policies of such Third Party Services. You acknowledge that you are solely responsible for reviewing and complying with any third party terms and conditions and privacy policies.
You further acknowledge that no partnership, agent, joint venture, or employee relationship is created between you and Nuvo Work or between any User and Nuvo Work by formation of this Agreement (or any of the Terms) or by your participation on the Site.
Users are responsible for their acts and omissions and content placed on the Site or video calls arranged via the Site. Nuvo Work will not be liable to Users for any disputes that may arise between or among Users. However, Users agree that Nuvo Work has the right to resolve User complaints as it deems necessary or advisable, including, in Nuvo Work’s sole discretion, issuing refunds to Customers to settle disputes.
C. Exclusion of Warranties
Nuvo Work Services and Site, Expert Services, and related information and documentation are provided “as is” and without any warranty of any kind either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Without limitation, Nuvo Work does not represent or warrant that the Site or the Service will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available, are free of viruses or other harmful components. Nuvo Work is not responsible for the acts or omissions of Users on the Site.
The above exclusions will not apply in a particular jurisdiction solely to the extent they are not legally permitted in that jurisdiction.
D. Limitation of Liabilities
Nuvo Work, its subsidiaries, parent companies, and their officers, directors, shareholders, employees, agents, joint venturers, consultants, successors, or assigns (collectively “Personnel”) shall not be liable for any indirect, special, incidental, consequential, punitive, or exemplary damages (including loss of business, profits, data, use, revenue, or other economic advantage) arising out of or in connection with the Site, the Services, the Expert Services, or the Terms, based on any theory, even if advised of the possibility of such damages. This limitation of damages is a fundamental aspect of the agreement between you and Nuvo Work and your use of the Site and Services.
Notwithstanding any other provision of the Terms, the liability of Nuvo Work and its Personnel, to you or any third parties in any circumstance shall not exceed the greater of (a) the amount of fees you paid to Nuvo Work in the twelve (12) months prior to the action giving rise to liability or (b) $100. If a particular jurisdiction does not allow the exclusion or limitation of damages, the above limitations and exclusions may not apply to you solely in that jurisdiction and solely to the extent such exclusion or limitation is prohibited by law.
E. Indemnification
You agree to indemnify and hold Nuvo Work and its Personnel harmless from and against any and all losses, costs, liabilities and expenses (including reasonable attorneys’ fees), arising out of or in connection with any third party claims, actions, or demands that are in any way due to, or arising out of, your use of or conduct on the Site or Services. For Experts this includes, without limitation, any information you share with another User via the Expert Services or through connections made via the Site.
8. Choice of Law & Disputes
The parties agree that this Agreement and any and all claims, causes of action or disputes (regardless of theory) between you and Nuvo Work arising out of or related to this Agreement and the Site will be governed by the laws of New Zealand.
In the event of any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, the parties shall seek to resolve the dispute through good faith negotiations. If the dispute is not resolved within 30 days of the commencement of negotiations, the dispute shall be referred to and finally resolved by arbitration in New Zealand.
The arbitration shall be conducted in accordance with the Arbitration Act 1996 (NZ) and any amendments thereto. The arbitration shall be conducted by a single arbitrator appointed by mutual agreement of the parties. If the parties cannot agree on the appointment of an arbitrator within 14 days, the arbitrator shall be appointed by the President of the Arbitrators’ and Mediators’ Institute of New Zealand (AMINZ).
The place of arbitration shall be Auckland, New Zealand. The language of the arbitration shall be English. The decision of the arbitrator shall be final and binding on the parties, and may be entered and enforced in any court of competent jurisdiction.
9. Miscellaneous
A. Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
B. Waiver: No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
C. Entire Agreement: These Terms constitute the entire agreement between you and Nuvo Work with respect to the subject matter of the Terms and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.
D. Notices: All notices or other communications required or permitted to be given under these Terms shall be in writing and shall be delivered to the other party by email or through the feedback form on the Site.
E. Assignment: You may not assign or transfer any rights or obligations under these Terms without the prior written consent of Nuvo Work. Nuvo Work may assign or transfer its rights and obligations under these Terms without restriction.
F. Interpretation: These provisions apply unless the context requires otherwise. Headings are for reference purposes only and shall not influence or effect the meaning of these Terms. Words in the singular shall include the plural and vice versa, person shall include an individual, corporation, partnership, joint venture, association, trust, unincorporated organization and any other entity. References to any law include any amendment, extension or replacement to it from time to time. The terms ‘including’, ‘include’ and similar shall not limit the sense of the words preceding those terms. ‘Written’ or ‘writing’ includes email or other electronic communication. Any inconsistency or ambiguity shall not be interpreted against the party who drafted the Terms.
G. Force Majeure: Nuvo Work shall not be liable for any failure or delay in performing its obligations under these Terms due to any cause beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, strikes, or other industrial disputes, governmental orders, or any other event of force majeure.
H. Conflict: To the extent aspects of the Terms are in conflict, this Agreement will prevail to the extent of the inconsistency, then the Privacy Policy, then the disclaimers on the Site, followed by other rules and policies and the FAQs.
I. Relationship of the Parties: Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship between you and Nuvo Work.
J. Survival: The termination or expiration of this Agreement shall not affect the survival and enforceability of any provisions which by their nature or express terms are intended to survive such termination or expiration, including but not limited to clauses 7, 8, 9, provisions that relate to confidentiality and the nature of the relationship between the parties, and any other obligations that extend beyond the termination or expiration of this Agreement.
Expert Addendum
By completing the registration process and setting up a profile on the Site, Experts also represent and agree the following in addition to the terms in the Agreement above.
(a) Accurate Credentials: You accurately describe your background, credentials, licences, skills, knowledge, contact details and keep this information up to date at all times. Any substantive changes (such as losing a certificate, credential or licence) must be notified to Nuvo Work within 24 hours. You will abide by all the laws, rules, regulations, and ethical standards for your profession or the profession applicable to categories in which you are an Expert.
(b) Competent Services: As part of your Expert Services you will provide competent answers that are within your realm of expertise and any applicable credentials only, and will use at least a reasonable standard of care in providing answers.
(c) General Information not Professional Advice: If you are in the Legal, Finance or other category that requires particular credentials, you must have met all the requirements to practice in that category in at least one jurisdiction and be in good standing. You can only provide general information, such as about your experiences working in the profession, and how to navigate a career, and must not provide professional advice (such as but not limited to legal or finance advice) or anything that can be mistaken as such professional advice.
(e) Independent Contractor: As an independent contractor, you are not an agent, employee, or representative of Nuvo Work, nor authorized to bind Nuvo Work to any liability or obligation. You will be able to provide Expert Services during the hours of your choosing, and will be responsible for any tools and materials necessary and associated expenses. You are responsible for meeting your own tax obligations in respect of payments received via Expert Services or the Site.
(f) Confidential Information: In connection with this Agreement and the Terms, you may have access to Confidential Information including from Nuvo Work. You must: maintain all Confidential Information in confidence; use such Confidential Information in confidence; use such Confidential Information only for legitimate activities on the Site; not use Confidential Information for the purpose of developing, operating, or participating in any competing service, and only disclose Confidential Information as required by law.