---
title: Terms of Use - Service Providers
---

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## **OWTSMART PLATFORM TERMS OF USE - SERVICE PROVIDERS**

OwtSmart Limited (Company Number 9349523)

Last updated: 06/10/2026

### **1. APPLICATION OF TERMS**

1.1 These Terms apply to your use of the OwtSmart website and all other digital platforms operated or controlled by us under the branding “OwtSmart”, including any chatbot and mobile app (together, **OwtSmart**), if you are using OwtSmart as a Service Provider or on behalf of a Service Provider, in order to advertise your business through OwtSmart and/or to connect with OWTS Owners to provide goods or services to them. To the extent you are an OWTS Owner or acting on behalf of an OWTS Owner, “**the OwtSmart Platform Terms of Use - OWTS Owners**” ([https://owtsmart.com/terms-of-use-owts-owners](https://owtsmart.com/terms-of-use-owts-owners?hsLang=en)) apply instead.

1.2 If you enter into a Service Provider Agreement with us, that Service Provider Agreement governs the terms on which you are onboarded to, and continue to use, OwtSmart as a Service Provider, including your warranties, your obligations in respect of Specialist Work, insurance, fees, indemnity and electronic execution. These Terms apply in addition to, and are to be read together with, the Service Provider Agreement, and govern your general use of OwtSmart as a platform. To the extent of any direct conflict between these Terms and the Service Provider Agreement, the Service Provider Agreement prevails.

1.3 These Terms apply to your use of OwtSmart in all forms, including the Website, any Apps, communications, programs and other services. By accessing and using OwtSmart:

1.3.1 you accept and agree to be bound by these Terms; and

1.3.2 where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person's behalf and that, by agreeing to these Terms on that person's behalf, that person is bound by these Terms.

1.4 Without limiting clauses 1.1 and 1.3, by clicking on the “I Agree” button (or similar) presented to you when registering an account with OwtSmart, you confirm that you accept and agree to be bound by these Terms (and the version of these Terms as at the date of agreement by way of clicking on the button), including, where applicable, on behalf of another person where clause 1.3(b) applies. You must not click “I Agree” unless you have read, understood, and agree to be bound by these Terms. OwtSmart retains records of your acceptance of these Terms.

1.5 If you do not agree to these Terms, you are not authorised to access and use OwtSmart, and you must immediately stop doing so.

1.6 If you are party to a separate written agreement with us that we have signed (including the Service Provider Agreement), that separate written agreement will prevail if there is any inconsistency or conflict between these Terms and that separate written agreement. To avoid doubt, no purchase, procurement or other business form or standard terms used by a User will supersede or otherwise apply to the agreement between us and that User without our express prior written agreement.

1.7 Every provision of these Terms applies to you, except where a specific provision states that it applies to a category of User that does not include you or (if you are an Account Member) the organisation User you represent or with whom you are connected.

### **2. CHANGES TO THESE TERMS**

2.1 We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect from the date we post the updated Terms. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use OwtSmart after any change to the Terms takes effect, you agree to be bound by the changed Terms.

2.2 Where reasonably practicable, we will try to notify you of any changes at least 30 days before they take effect. If we need to make a change urgently for security or other reasons, or to correct a typographical or drafting error, we reserve the right to make that change immediately without advance notice.

2.3 If a change to these Terms is detrimental to you and you have a registered account with us, you may cancel your account and terminate these Terms on no less than 30 days’ written notice, provided that notice is received by us before the date the change takes effect. If you give notice under this clause 2.3, the previous version of the Terms will apply during the notice period. If no termination notice is given, and you continue to access and use OwtSmart after the change takes effect, you agree to be bound by the changed Terms. Any Customer Agreement or Service Provider Agreement you are party to at that time will remain in effect.

2.4 We may change, suspend, discontinue, or restrict access to OwtSmart (in whole or in part) at any time without notice or liability.

2.5 **These Terms were last updated on the 6th of October 2026.**

### **3. DEFINITIONS AND INTERPRETATION**

3.1 In these Terms, the following words have the meanings set out below:

**3rd Party Payment Provider** means Stripe, Inc. or any replacement or additional third party payment platform authorised by us from time to time;

**Account Member** means an individual User who accesses and/or uses OwtSmart as an officer, employee, contractor or agent of a Service Provider, or otherwise for a Service Provider's business purposes, and who has been connected to that Service Provider's account by the relevant Service Provider's administrator;

**Analytical Data** has the meaning given in clause 9.7(a)(iv);

**Anonymous Data** has the meaning given in clause 9.7(a)(iii);

**App** means any OwtSmart-branded mobile application, and other application software owned by us (and our licensors) and used to provide OwtSmart, as may be updated from time to time, and includes any third party software (such as a form-building or data-collection tool, for example ODK) that we use or configure to collect, store or process Content on our behalf, whether or not that software is separately branded as OwtSmart;

**Applicable Data Protection Laws** means:

(a) in respect of us, at the date these Terms were last updated, the New Zealand Privacy Act 2020, or to the extent that we have entered into a separate written agreement with you relating to the processing of personal information under the data protection and privacy law of a different jurisdiction, the data protection and privacy law the subject of that agreement; and

(b) in respect of you, all data protection or privacy laws applicable to you, your operations, and your Content, including (at the date these Terms were last updated) the New Zealand Privacy Act 2020;

**Applicable Jurisdiction and Applicable Law** means a jurisdiction/law in which OwtSmart has a presence, and is currently New Zealand, being the jurisdiction in which OwtSmart operates at the date these Terms were last updated;

**Booking Request** means a post via OwtSmart by or on behalf of an OWTS Owner, seeking indications of interest from Service Providers for goods and/or services to be provided in the Applicable Jurisdiction;

**Content** means content, data, and information (including personal information) that is owned, held, used or created by you or on your behalf (including by your Account Members if applicable), and that is then stored, transmitted via, input into or displayed via OwtSmart, including (i) all responses to Booking Requests and related communications; (ii) all Service Records; and (iii) your Service Provider Card;

**Customer Agreement** means an agreement directly between an OWTS Owner and a Service Provider setting out the terms on which the Service Provider will supply, and the OWTS Owner will acquire, goods and/or services in connection with a Job;

**Fees** means the fees payable to us in connection with your access to and use of OwtSmart, including the fees payable under your subscription plan and the credit values set out in the Fee Schedule, in each case as set out in the Service Provider Agreement, on the Website, and as otherwise notified to you in writing from time to time;

**Fee Schedule** means has the meaning given to it in the Service Provider Agreement;

**GST** means goods and services tax payable under the New Zealand Goods and Services Tax Act 1985 or the Australian A New Business Tax System (Goods and Services Tax) Act 1999 (as applicable);

**Intellectual Property Rights** includes copyright and all rights anywhere in the world conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trade marks and designs, circuit layouts, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity. Intellectual Property has a corresponding meaning, and includes any enhancement, modification or derivative work of the Intellectual Property;

**Job** means a job in the Applicable Jurisdiction arising from a Booking Request for goods and services to be provided to an OWTS Owner by a Service Provider;

**Loss** means loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis;

**Objectionable** means being objectionable, defamatory, obscene, harassing, threatening or unlawful in any way;

**OWTS** means an onsite domestic wastewater treatment system;

**OWTS Owner** means a person who owns or manages an OWTS in the Applicable Jurisdiction;

**OWTS Owner Terms** means the OwtSmart Platform Terms of Use - OWTS Owners, as updated from time to time;

**Personal Information** means information about an identifiable individual (a natural person), and includes personal data, personally identifiable information and equivalent information under Applicable Data Protection Laws;

**Privacy Policy** means the OwtSmart privacy policy set out at [https://owtsmart.com/privacy-policy,](https://owtsmart.com/privacy-policy,?hsLang=en) as may be updated from time to time;

**Regulatory Authorities** means public authorities (including regional councils and territorial authorities) with oversight over, and/or a role in the regulation of, OWTS and related systems and services;

**Sales Tax** means GST or equivalent tax payable under any Applicable Law;

**Service Activity Summary** means the record described in clause 13 of the OWTS Owner Terms, being a factual summary of service activities recorded by Service Providers in connection with an OWTS, prepared and made available by OwtSmart solely as a record of reported service activity and not as a representation or warranty of any kind as to the quality, compliance or fitness for purpose of that work (and referred to on the Platform and in OwtSmart’s consumer-facing materials as the “OwtSmart Service Record”);

**Service Provider** means you, being a business that has set up an account (or for whom an account has been set up) with OwtSmart to connect with OWTS Owners and advertise goods and/or services in the Applicable Jurisdiction;

**Service Provider Agreement** means the agreement of that name (or any successor agreement) entered into between you and us, which governs your onboarding to, and continued use of, OwtSmart as a Service Provider, and which these Terms supplement;

**Service Provider Card** means your profile as a Service Provider made available on OwtSmart;

**Service Records** means records relating to the installation, inspection, servicing, sampling, maintenance, repair and flowrate monitoring of an OWTS, entered by or on behalf of a Service Provider;

**Subscription Period** means the subscription period a User selects for their paid OwtSmart subscription plan;

**System Status Report** means the report of that name described in the OWTS Owner Terms, being a comparison of activity recorded on OwtSmart in respect of an OWTS against requirements for that OWTS entered by or on behalf of the OWTS Owner, prepared and made available by OwtSmart solely as a record of recorded activity and not as a representation or warranty of any kind as to the condition, performance or compliance of that OWTS or the quality of any work performed on it;

**Terms** means these terms and conditions titled OwtSmart Platform Terms of Use - Service Providers, as updated from time to time;

**Underlying Systems** means the IT solutions, systems and networks (including software and hardware) used to provide OwtSmart and the Website, any App, and any other component of OwtSmart, including any third party solutions, systems and networks;

**User** means any person that uses OwtSmart or the Website. Users may include (i) organisations or individuals who have accounts as OWTS Owners or Service Providers, including their administrators; (ii) Account Members; (iii) Regulatory Authorities; and (iv) a User’s officers, employees, consultants, contractors and agents;

**User Dispute** means any dispute that arises between, or relates to, you and a User, or relates to any transaction or communication made using or via OwtSmart;

**User ID** means a unique name and/or password allocated to you to allow you to access certain features of OwtSmart;

**we, us and our** means OwtSmart Limited (NZ company number 9349523);

**Website** means [owtsmart.com](https://owtsmart.com/home?hsLang=en) or any other site notified to you by us, including all subdomains; and

**you** means, subject to clause 5.7, you or (if clause 1.3.2 applies) both you and the other person on whose behalf you are acting (and all grammatical forms of “you”, e.g. your, have a corresponding meaning).

3.2 In these Terms:

3.2.1 clause and other headings are for ease of reference only and do not affect the interpretation of these Terms;

3.2.2 words in the singular include the plural and vice versa;

3.2.3 a reference to:

3.2.3.1 a related company has the meaning given in the New Zealand Companies Act 1993 (read as if the word “company” in that section includes a body corporate anywhere in the world);

3.2.3.2 a person includes an individual, a body corporate, an association of persons (whether corporate or not), a trust, a government department, or any other entity;

3.2.3.3 including and similar words do not imply any limit;

3.2.3.4 a statute includes references to regulations, orders or notices made under or in connection with the statute or regulations and all amendments, replacements or other changes to any of them; and

3.2.3.5 in writing includes by electronic means; and

3.2.4 any obligation not to do anything includes an obligation not to suffer, permit or cause that thing to be done.

### **4. OWTSMART'S ROLE**

4.1 OwtSmart is a facilitation platform connecting OWTS Owners with Service Providers in the Applicable Jurisdiction. OWTS Owners can create Booking Requests to invite expressions of interest for goods and services relating to their OWTS, and you can respond to Booking Requests and submit Service Records for the OWTS Owner's reference and use. The services and functionality available to you differ depending on your account and the subscription plan you have chosen.

4.2 **We are solely a facilitator between Users. We are not a party to any Customer Agreement. Any agreement between you and an OWTS Owner for the purchase and provision of goods and services occurs outside OwtSmart and is a matter solely between those parties.**

4.3 We are not an employment agency or employment service. Nothing in these Terms or our operation of OwtSmart makes us your employer, nor does it create any relationship of partnership, agency, joint venture, independent contractor or franchise between us and you.

4.4 We are not a party to any agreement or transaction between you and any other User to purchase, use, sell or provide any goods or services, whether described in your Service Provider Card, any Booking Request, or otherwise. We are not an auctioneer or broker. When an OWTS Owner purchases goods and/or services from you, they are entering into a Customer Agreement directly with you.

4.5 Any interaction between you and another User, including any Customer Agreement, and any supply (or failure to supply) goods or services, is a matter directly between you and them only. Other than our obligations set out in these Terms, we are not liable to you for any failure by any User to comply with these Terms, the terms of any Customer Agreement, or any other legal obligation.

4.6 **We do not verify, endorse, approve or recommend you or your personnel, goods or services to any OWTS Owner.** We do not verify the accuracy of any information shown in your Service Provider Card, any Service Records, or any pricing information shown as part of the Booking Request process, other than as expressly stated on the Platform. We have no control over your conduct in responding to a Booking Request, entering into or fulfilling obligations under a Customer Agreement, or undertaking a Job.

4.7 You are a separate business to us. As set out in more detail in the Service Provider Agreement, you are solely responsible for, among other things: applying for, and accepting or rejecting, Booking Requests; negotiating and entering into Customer Agreements; supplying the resources needed to fulfil your obligations under any Customer Agreement; setting your own rates; performing all of your obligations under a Customer Agreement; complying with all applicable health and safety, employment and tax legislation; ensuring you have appropriate insurance in place; and providing accurate Service Records in connection with a Job. When a Customer Agreement is formed between you and an OWTS Owner, you become an independent contractor of the OWTS Owner.

### **5. JOINING OWTSMART AS A SERVICE PROVIDER**

5.1 You will need to register as a User (without setting up an account) to browse the OwtSmart platform and/or the Website.

5.2 You will need to register as a User and set up an account including entering into a Service Provider Agreement with us, before you can respond to Booking Requests via OwtSmart.

5.3 We are under no obligation to accept any application to become a User, even if you have previously been a User.

5.4 To become a registered User, you must: (a) read and accept these Terms and the Service Provider Agreement by clicking the acceptance button(s) when creating your account; (b) provide all information we require in a satisfactory form; and (c) provide any confirmations or make any declarations that we require, including as to your qualifications, licences, certifications and insurance.

5.5 Your use of OwtSmart is on a non-exclusive basis. Other parties, including your competitors, may also use OwtSmart.

5.6 We may allow you to designate an individual User as an administrator with control over your account. You are fully responsible for your Account Members, including your choice of administrators and their actions. Any breach of these Terms by an Account Member will be deemed a breach by you.

5.7 Any references to you or similar words in these Terms and the Privacy Policy will be construed as necessary to give effect to clause 5.6.

5.8 You agree to notify us promptly of any changes to your account information. Failure to provide and maintain up-to-date and accurate information may result in suspension or termination of your account.

### **6. USE OF OWTSMART**

6.1 You must use OwtSmart in accordance with these Terms and the Service Provider Agreement solely for: (a) advertising your business and responding to Booking Requests from OWTS Owners in the Applicable Jurisdiction; and (b) lawful purposes in accordance with all Applicable Law.

6.2 You must not resell or make available OwtSmart to any third party, or otherwise commercially exploit OwtSmart other than as contemplated by these Terms and the Service Provider Agreement.

6.3 You must provide true, current and complete information in your dealings with us (including when setting up an account and maintaining your Service Provider Card) and must promptly update that information as required.

6.4 You agree to promptly provide all information and assistance that we reasonably require in connection with your use of OwtSmart, including to confirm your compliance with these Terms, the Service Provider Agreement, and the accuracy of your Service Provider Card and Service Records.

6.5 You must keep your User ID secure and: (a) not permit any other person to use your User ID; and (b) immediately notify us if you become aware of any unauthorised use or disclosure of your User ID, by contacting us via our ‘Contact Us’ form at [https://owtsmart.com/contact-us](https://owtsmart.com/contact-us?hsLang=en).

6.6 You are responsible for all actions of any person who accesses and uses OwtSmart using your User ID.

6.7 You must obtain our written permission to establish a link to the Website. If you wish to do so, please contact us via our ‘Contact Us’ form at [https://owtsmart.com/contact-us](https://owtsmart.com/contact-us?hsLang=en).

6.8 When accessing and using OwtSmart, you must not: (a) impersonate another person or misrepresent your authorisation to act on behalf of others; (b) misrepresent your qualifications, licences, certifications or insurance; (c) attempt to undermine the security or integrity of the Underlying Systems; (d) use or misuse OwtSmart in any way which may impair its functionality or the ability of any other User to use it; (e) attempt to circumvent any protection mechanisms or limitations in OwtSmart; (f) attempt to access any material or data other than that which you are authorised to access; (g) transmit, input or store any Content that breaches any third party right or is Objectionable, incorrect or misleading; (h) introduce any viruses or other malicious or harmful code; or (i) access the Website by any method other than standard web browsers, without our agreement.

6.9 You are responsible for procuring all licences, authorisations and consents required for you to access and use OwtSmart, including to use, store and input Content into, and display Content using, the Website and any App.

6.10 You agree to treat other Users with respect, including acting responsibly in your dealings and communications with them, and satisfying any commitments you make to them.

6.11 Some functionality of OwtSmart, and areas of OwtSmart, may be unavailable to you without a paid subscription plan. The functionality available to you will differ depending on your subscription tier.

6.12 To the maximum extent permitted by law, you indemnify us against all Loss we suffer or incur as a direct or indirect result of: (a) any claim by a third party that any Content infringes their rights or is Objectionable, incorrect or misleading; (b) your failure to comply with these Terms; (c) any actual or alleged breach by you of any legal or regulatory requirements in connection with a Booking Request, Job, any product or service, or any relationship established through OwtSmart; or (d) any failure by you to perform any obligation under any Customer Agreement. This clause 6.12 is in addition to, and does not limit, any indemnity given by you under the Service Provider Agreement.

6.13 You must not use OwtSmart, or any Content, personal information or contact details of another User obtained via OwtSmart, to negotiate, enter into or perform a Customer Agreement (or any substantially similar arrangement) with that User, or otherwise to circumvent OwtSmart, with the intention of avoiding the payment of Fees that would otherwise be payable to us. This clause 6.13 does not apply to a Customer Agreement with a person with whom you had an existing business relationship before connecting with them via OwtSmart.

### **7. SERVICE PROVIDER CARD, BOOKING REQUESTS AND SERVICE RECORDS**

7.1 You are responsible for the accuracy, completeness and currency of your Service Provider Card, including the types of systems, brands and services you work on and the qualifications and certifications you hold. You must promptly update your Service Provider Card if any of that information changes.

7.2 You consent to OwtSmart displaying your Service Provider Card, and other information you submit, on the Platform for the benefit of OWTS Owners. Our display of that information is a pass-through of information you provide, is not independently verified by us (except where the Platform expressly states otherwise), and does not constitute a representation, endorsement or certification by us as to its accuracy.

7.3 Responding to a Booking Request is no guarantee that the relevant OWTS Owner will engage you or that a Customer Agreement will be formed.

7.4 If you participate in Booking Request communications via OwtSmart: (a) you must only use the Booking Request process in good faith for bona fide purposes; and (b) any pricing indication you provide is intended for general guidance purposes only and does not, of itself, create any obligation on you to provide goods or services at or below that indication.

7.5 You must provide accurate, complete and timely Service Records in respect of each Job you perform. You acknowledge that Service Records you submit may be used to generate a Service Activity Summary (displayed to OWTS Owners as the “OwtSmart Service Record”) and a System Status Report and that OWTS Owners, and in some cases Regulatory Authorities and purchasers or prospective purchasers of the property on which the relevant OWTS is located, may rely on the information you provide for that purpose. You must not submit a Service Record that is false, misleading, or that you do not have a reasonable basis to believe is accurate.

7.6 A Customer Agreement is formed when you and an OWTS Owner agree (whether via OwtSmart or otherwise) to the terms of purchase. We are responsible only for facilitating contact between you and OWTS Owners. We are not involved in the negotiation of, or entry into, any Customer Agreement, and any costs you incur in preparing, negotiating and/or entering into a Customer Agreement are your own responsibility.

7.7 Without limiting clause 11, you must resolve any dispute relating to a Customer Agreement between yourself and the relevant OWTS Owner.

### **8. FEES**

8.1 The Fees payable by you, and the basis on which they are calculated and charged, are set out in the Service Provider Agreement and the Fee Schedule. This clause 8 deals only with the payment mechanics that apply generally across OwtSmart.

8.2 You must pay us the Fees through the Website using our 3rd Party Payment Provider, or through any other method specifically agreed in writing between us in advance.

8.3 You must pay Sales Tax on all Fees. Unless otherwise stated, Fees listed on our pricing page include Sales Tax.

8.4 Fees must be paid electronically in cleared funds without set-off or deduction except as required by law. If you are required by law to make any deduction, you must pay us any additional amount that is necessary to ensure receipt by us of the full amount which we would have received but for the deduction.

8.5 By electing to pay Fees through the 3rd Party Payment Provider, you authorise us and/or our 3rd Party Payment Provider to charge your debit/credit card or nominated bank account for the Fees and any other outstanding amounts as they become due. You acknowledge that the 3rd Party Payment Provider may have separate terms applicable to processing payments, and you are responsible for reading and accepting those terms. The 3rd Party Payment Provider’s terms of service and privacy policy are available at [https://stripe.com/nz](https://stripe.com/nz).

8.6 If we are unable to collect Fees or outstanding amounts from your payment method for any reason, you remain responsible for any uncollected amounts.

8.7 We may suspend or cancel your account or subscription plan benefits, and/or withdraw your ability to respond to Booking Requests, without notice if any Fees or other outstanding amounts are overdue.

8.8 If you use the 3rd Party Payment Provider, you agree that: (a) you are bound by the 3rd Party Payment Provider’s terms of service and privacy policy; (b) you must provide accurate and current payment information; and (c) all payments are handled by the 3rd Party Payment Provider, and we do not access, store or handle any of your payment card information.

### **9. CONTENT**

9.1 We retain complete editorial control over OwtSmart and may at any time and at our sole discretion: (a) refuse to publish any Content; (b) access and review any Content; (c) moderate, edit, remove or withdraw any Content; and (d) take any other action with respect to any Content or the User responsible for it that we consider reasonably necessary to maintain the integrity of OwtSmart or to enforce these Terms.

9.2 Despite clause 9.1, to the maximum extent permitted by law, we accept no responsibility for monitoring any Booking Request response, Service Provider Card, Service Records, or communications between Users via any chat, message or other communication function made available via OwtSmart.

9.3 You are responsible for all of your Content. You represent and warrant that your Content will: (a) comply with these Terms and the Service Provider Agreement; (b) comply with any agreements you have entered into with any third parties; (c) comply with all Applicable Law; and (d) not conflict with the rights of third parties. We are not responsible for any Loss arising from your Content being incorrect or out of date.

9.4 All communications via OwtSmart are, or may be, publicly available unless specifically stated otherwise, and we may display them on OwtSmart with whatever prominence and in whatever form we choose. It is your responsibility to govern your use of OwtSmart accordingly.

9.5 By accessing and using OwtSmart, you: (a) agree that other Users may use your Content for the purpose of discussing Booking Requests, offering goods and/or services, and discussing and agreeing Customer Agreements; and (b) agree that we may retain a copy of your Content for the purposes of verifying Booking Requests and Customer Agreements, determining compliance with these Terms, maintaining our own records, and general advertising and promotional purposes.

9.6 As between you and us, title to, and all Intellectual Property Rights in, the Content remains your property. You grant us a worldwide, non-exclusive, fully paid up, sub-licenseable, transferable, irrevocable licence to use, store, copy, modify, make available and communicate the Content for any purpose in connection with the exercise of our rights and performance of our obligations in accordance with these Terms, the Service Provider Agreement and our Privacy Policy.

9.7 Without limiting clause 9.6, you acknowledge that: (a) we may use Content, Service Records, and information about your use of OwtSmart: (i) to enforce and investigate potential breaches of these Terms; (ii) for our internal research, analytical and product development purposes; (iii) to generate anonymised data (Anonymous Data); and (iv) to identify trends and insights on an anonymised and aggregated basis (Analytical Data); (b) we may use Anonymous Data and Analytical Data for our own business purposes; (c) we may share Anonymous Data created using your Content with Regulatory Authorities where the relevant OWTS Owner has opted in to sharing Anonymous Data in that manner; and (d) these rights will survive termination of your account, these Terms or the Service Provider Agreement.

9.8 You must ensure you have obtained all necessary consents, and provided all notifications required by Applicable Law, for us to access, collect, hold, process and distribute the Content as described in these Terms.

9.9 While we will use reasonable endeavours to back up Content, you must keep separate and regular back-up copies of all Content that you upload onto OwtSmart, including all Service Records you submit.

### **10. OUR INTELLECTUAL PROPERTY**

10.1 Other than your Content, we (and our licensors) own all proprietary and Intellectual Property Rights in OwtSmart, the Website, any App, and the Underlying Systems.

10.2 Title to, and all Intellectual Property Rights in, Analytical Data is and remains our property.

10.3 If you provide us with ideas, comments or suggestions relating to OwtSmart (together feedback): (a) all Intellectual Property Rights in that feedback, and anything created as a result of that feedback, are owned solely by us; and (b) we may use or disclose the feedback for any purpose.

10.4 You acknowledge that OwtSmart may link to, or rely on, third party websites, feeds and information. Any link from, or reliance by OwtSmart on, any third party website, feed or information does not imply that we endorse, approve, recommend or assume responsibility for those websites, feeds or information. To the maximum extent permitted by law, we exclude all responsibility or liability for those websites, feeds and that information.

10.5 You may not use our branding, logos or other Intellectual Property, or our name or the name of OwtSmart, except as permitted by these Terms, the Service Provider Agreement, or with our prior written consent.

### **11. USER DISPUTES**

11.1 If you have a dispute with a User, you must resolve that dispute with the other User directly. We are not responsible for the behaviour of any User. Without limiting our rights under clause 9, we do not involve ourselves in User Disputes.

11.2 If a User raises with us an issue relating to you, we will refer the matter to you, including sharing the details of the dispute. The parties involved in the dispute will be responsible for resolving that issue between themselves.

11.3 We will only involve ourselves in a dispute between you and Users if we decide to do so. We accept no responsibility to resolve, or otherwise engage in, any User Dispute unless we choose to, or unless a party claims that we have breached our own obligations under these Terms or Applicable Law.

11.4 You authorise us to provide your contact details to any other User involved in a User Dispute, to enable you and the other User to discuss and attempt to resolve that dispute.

11.5 If you cannot resolve a User Dispute directly with the other User, you and the other User should first attempt to resolve it through good faith negotiation between senior representatives of each of you. If the User Dispute is not resolved within 15 business days of one of you notifying the other of the dispute, you and the other User should refer the dispute to mediation administered by Resolution Institute (NZ) before either of you commences court proceedings against the other, except that either of you may seek urgent interim relief from a court at any time. If the other User does not engage with this process, or the dispute remains unresolved following mediation, you remain responsible for taking any legal action as you consider appropriate against the relevant User and without reference to us.

11.6 To the maximum extent permitted by law, except for providing dispute and contact details under clauses 11.2 and 11.4, we accept no obligation to supply any information, express any view, provide any assistance, or otherwise be involved, in a User Dispute.

### **12. CONFIDENTIALITY**

12.1 You must treat as confidential all information relating to us or any other User that is made available to you through OwtSmart or otherwise in connection with these Terms that is not already independently known to you.

12.2 If we provide you with information about another User, you agree to use that information only for the purpose for which it is provided. You may not, without that User’s permission, disclose, sell or distribute a User’s information to a third party for purposes unrelated to a Booking Request, Customer Agreement or other transaction or interaction reasonably contemplated by these Terms.

12.3 This clause 12 does not prevent a party from disclosing information: (a) which is publicly available through no fault of the recipient; (b) as required or permitted for the valid exercise of rights and performance of obligations under these Terms, the Service Provider Agreement or any Customer Agreement; (c) as required as part of a bona fide financing or sale of its business, provided that the disclosing person enters into a confidentiality agreement with the third party on terms no less restrictive than this clause 12; (d) where required by law; (e) which was rightfully received from a third party without restriction and without breach of any obligation of confidentiality; or (f) as expressly allowed by these Terms, the Service Provider Agreement or any applicable Customer Agreement.

### **13. PRIVACY**

13.1 You are not required to provide personal information to us, although in some cases if you choose not to do so then we may not be able to make certain services or functions of OwtSmart available to you.

13.2 We will comply with Applicable Data Protection Laws and with our Privacy Policy set out at [https://owtsmart.com/privacy-policy](https://owtsmart.com/privacy-policy?hsLang=en) with respect to all personal information you provide to us or which we collect about you.

13.3 You agree that you will, and will ensure that your personnel and Account Members, only collect, use and disclose personal information made available to you in connection with your use of OwtSmart in accordance with all Applicable Data Protection Laws and your own privacy policies or statements.

13.4 You acknowledge and agree that, to the extent Content contains personal information, in collecting, holding and processing that information through OwtSmart, we are acting as your agent for the purposes of the Privacy Act 2020 and any other Applicable Data Protection Laws. You must obtain all necessary consents from the relevant individual (including any personnel you engage to perform a Job) to enable us to collect, use, hold and process that information in accordance with these Terms.

13.5 You agree that we may store Content (including personal information) in secure servers in New Zealand and Australia and may access that Content from time to time. Full details of the OwtSmart Privacy Policy can be accessed at [https://owtsmart.com/privacy-policy](https://owtsmart.com/privacy-policy?hsLang=en).

### **14. DISCLAIMERS**

14.1 To the maximum extent permitted by law, we have no liability or responsibility to you or any other person for any Loss in connection with:

14.1.1 OwtSmart being unavailable (in whole or in part) or performing slowly;

14.1.2 the failure of any User to comply with these Terms, the Service Provider Agreement, or a Customer Agreement, or any User Dispute;

14.1.3 any Content or any content, data or information provided by you or any third party, which is in all cases the sole responsibility of the person from whom that content, data or information originated. We do not monitor Users, data (including Content and Service Records) or other content;

14.1.4 any Booking Request made by, or information provided by, an OWTS Owner, including any failure of an OWTS Owner to engage you following a Booking Request, or any failure of an OWTS Owner to perform its obligations under a Customer Agreement;

14.1.5 any error in, or omission from, any information made available via OwtSmart;

14.1.6 any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud; and

14.1.7 any site linked from OwtSmart.

14.2 Without limiting clause 14.1:

14.2.1 you access and use OwtSmart, and rely on information provided by Users, at your own risk;

14.2.2 you acknowledge that OwtSmart’s functionality relies on information provided by you or on your behalf, and by third parties (including Regulatory Authorities and OWTS Owners). We do not independently verify that information and are not responsible for any errors in it;

14.2.3 you acknowledge that we do not undertake any credit or similar check on Users and you are responsible for assessing another User's suitability, reputation and credit-worthiness before you deal with them; and

14.2.4 to the fullest extent permitted by Applicable Law: (i) you carry out all Jobs and other arrangements contemplated by these Terms at your own risk; and (ii) we exclude all liability for any Loss arising out of or in any way connected with your dealings with other Users, User Disputes, Customer Agreements, and/or any information provided by you or any third party.

14.3 Clause 14.1 is subject to clause 15.3.

14.4 This clause 14 is in addition to, and does not limit, the disclaimers, exclusions and limitations set out in the Service Provider Agreement.

### **15. LIABILITY**

15.1 Subject to clause 15.3, and to the maximum extent permitted by law: (a) all conditions, guarantees or warranties not expressly set out in these Terms (whether implied by statute or otherwise) are expressly excluded, and to the extent they cannot be excluded, liability for them is limited to the amount set out in clause 15.5; (b) we make no representation concerning the quality of goods and services made available by any other User via OwtSmart; (c) without limiting (a) and (b), we make no representation concerning the quality of OwtSmart and do not promise that OwtSmart will meet your requirements, be suitable for any particular purpose, be secure or error-free; (d) we do not promise that any Booking Request will result in a Customer Agreement; and (e) we are not liable or responsible to you for any Loss under these Terms or in connection with OwtSmart, regardless of whether our liability arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

15.2 You acknowledge that you access and use OwtSmart for the purposes of your business. You and we agree that: (a) we supply, and you acquire, access to OwtSmart in trade; (b) to the maximum extent permitted by law, we each agree to contract out of the New Zealand Consumer Guarantees Act 1993 under section 43(2) of that Act, and that Act does not apply to your access and use of OwtSmart or these Terms; and (c) it is fair and reasonable that the parties are bound by these Terms, including this clause 15.2.

15.3 Nothing in these Terms has the effect of contracting out of the Fair Trading Act 1986 or any other law that cannot lawfully be excluded, and clauses 14 and 15 apply only to the extent permitted by those laws.

15.4 We will not be liable to you for any: (a) loss of profit, revenue, savings, business, use, data (including Content or Service Records), opportunity and/or goodwill; or (b) consequential, indirect, incidental or special damage or loss of any kind.

15.5 To the maximum extent permitted by law, and only to the extent clauses 15.1 to 15.4 do not apply or do not limit or exclude any liability, but subject always to clause 15.6, our total aggregate liability to you for all claims under or in connection with these Terms or OwtSmart will not exceed the greater of: (i) $500; and (ii) the Fees actually paid by you in the 12-month period preceding the first event giving rise to liability.

15.6 Clauses 15.1 to 15.5 do not apply to limit: (a) our liability for personal injury or death, or for fraud or wilful misconduct; or (b) any liability that cannot be excluded by law.

15.7 This clause 15 applies to your use of OwtSmart as a platform. It does not affect your own liability to OwtSmart or to any OWTS Owner arising under the Service Provider Agreement, any Customer Agreement, or Applicable Law, including in respect of the work you perform.

### **16. SUSPENSION AND TERMINATION**

16.1 Unless terminated in accordance with these Terms, these Terms and your right to access and use OwtSmart continue until we or you give 30 days’ written notice that these Terms will terminate on the expiry of that notice, provided that if you have chosen and paid for a Subscription Period, the effective date of any termination notice will be the end of the then-current Subscription Period.

16.2 You may cancel your subscription plan and close your account with OwtSmart at any time. If you do so, these Terms and your right to access and use OwtSmart will terminate immediately (subject to clause 16.9).

16.3 If these Terms and your right to access and use OwtSmart are terminated under this clause, we will close your account on the effective date of termination.

16.4 Without limiting any other right or remedy available (including under the Service Provider Agreement), we may restrict or suspend your access to OwtSmart, and remove your Service Provider Card and/or any other Content, if we consider you have, or anyone acting on your behalf has: (a) undermined, or attempted to undermine, the security or integrity of OwtSmart or any Underlying Systems; (b) used, or attempted to use, OwtSmart for improper purposes; (c) used OwtSmart in a manner, other than for normal operational purposes, that materially reduces the operational performance of OwtSmart; (d) transmitted or stored any Content that breaches or may breach these Terms or any third party right, or that is Objectionable, incorrect or misleading; (e) failed to pay any Fees or outstanding amounts when due; or (f) otherwise breached these Terms or the Service Provider Agreement.

16.5 We may also terminate your access and use of OwtSmart if we believe (acting reasonably) that financial, performance or security issues caused by or affecting you mean that your continued membership is not appropriate. Where reasonably practicable, we will endeavour to remedy the relevant issues with you before terminating.

16.6 Despite any other provision of these Terms, we may also terminate your access to and use of OwtSmart on reasonable written notice to you, if we decide to cease operating OwtSmart or to release a new version of OwtSmart under different terms.

16.7 Suspension or termination of your access under these Terms follows, and does not operate independently of, any suspension, removal or termination provisions in the Service Provider Agreement; a suspension or termination under one document will generally result in a corresponding suspension or termination under the other.

16.8 Withdrawal, suspension, cancellation or termination of your access to OwtSmart will not affect the validity of any Customer Agreement between you and any other person, or any User’s rights or obligations under any such agreement.

16.9 Termination or cancellation does not affect any party’s rights and obligations that accrued before that termination or cancellation. Cancellation of your account is without prejudice to your obligations to pay any Fees or other amounts up to the effective date of termination.

16.10 To the maximum extent permitted by law and except as otherwise specified in these Terms, no compensation is payable by us to you as a result of termination of these Terms or suspension of your access to OwtSmart for whatever reason, and you will not be entitled to a refund of any amount already paid to us.

16.11 On suspension or termination, you must immediately cease using OwtSmart and must not attempt to gain further access (except, in the case of a suspension, if and when we lift the suspension).

16.12 Clauses which, by their nature, are intended to survive termination, including the relevant provisions of clauses 4, 6, 8, 9, 10, 11, 12, 14, 15, 16.7 through 16.11, this clause 16.12, and 17, will continue to apply after termination.

### **17. GENERAL**

17.1 If we need to contact you, we may do so by email or by posting a notice on the Website and/or any App. You agree that this satisfies all legal requirements in relation to written communications.

17.2 We are not liable to you for any failure to perform our obligations under these Terms to the extent caused by an event beyond our reasonable control.

17.3 You agree that any of our related companies, contractors, subcontractors and service providers may exercise our rights, powers and/or benefits under these Terms on our behalf.

17.4 The provisions of these Terms that confer, or purport to confer, a benefit on a person other than you and us, including those relating to Users’ obligations when responding to Booking Requests or confidentiality, are intended to confer a benefit on, and to be enforceable by, each other relevant User.

17.5 Subject to clause 17.4, no person other than you and us has any right to a benefit under, or to enforce, these Terms.

17.6 All notices and communications by you to us under or in connection with these Terms must be in writing and sent by email to [hello@owtsmart.com](mailto:hello@owtsmart.com). A notice sent by email will not be validly given if, within 24 hours after the email is sent, a return email is received stating that the addressee's email address is wrong or that the message cannot be delivered.

17.7 These Terms, and any dispute relating to these Terms or OwtSmart, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or OwtSmart.

17.8 You may not assign, novate, subcontract or transfer any right or obligation under these Terms without our prior written consent, not to be unreasonably withheld. You remain liable for your obligations under these Terms despite any approved assignment or transfer.

17.9 We may assign, novate or transfer any or all of our rights and obligations under these Terms to any related company or successor entity (including any entity that acquires all or any part of our business or assets).

17.10 Except as otherwise expressly permitted under these Terms, including under clause 2.1, any variation to these Terms must be in writing and agreed by us and you.

17.11 For us to waive a right under these Terms, that waiver must be in writing and signed by us.

17.12 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated as severed from these Terms. The remainder of these Terms will be binding on you.

17.13 These Terms, the Service Provider Agreement and the Privacy Policy set out everything relating to your access and use of OwtSmart, and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms.

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