Terms and conditions

www.mytodolist.co.nz PO Box 65264, Mairangi Bay, Auckland 0754
1. Application
1.1 Your access to and use of the My To Do List (“MTDL”) website at mytodolist.co.nz (“our Website”) and any other domain
name that redirects to our Website, your purchase of any products from us (“Products”) and your use of any service we
provide (“Services”) via our Website, through our partners’ websites such as Moovaz.com, or sought directly from us, is
subject to the following terms and conditions (“Terms”). By using the Website, purchasing our Products or seeking our
Services, you represent that you have read, understood and accepted these terms and conditions and agree to be bound
by them.
1.2 The Terms may be updated from time to time. You acknowledge and agree that any Services you request from us will be
subject to the Terms at the time the order is placed. This clause is subject to clause 5.10.
2. Our Services & Products
2.1 The Services we provide revolve around cleaning and acting as a personal concierge for your home or office.
2.2 We may, in our sole discretion, add new Services overtime or remove any of our Services at any time, for any reason, or if
we are unable to provide that Service any more due to a third party or a change in legislation. If we need to withdraw any
of our Services, we will endeavour to notify you of any change if you do have such Services scheduled.
2.3 Some of our Services, such as cleaning Services, require certain items which we may be able to supply (“Products”). These
items become yours to keep and you agree to pay for those Products.
2.4 At any time, you may request our Price List which contains a current list of Services and Products available, as services
and prices may change or no longer be available.
2.5 Our skilled staff (“To-Do Gurus”) are assigned Services based on their availability in your region.
2.6 If we believe that there is somebody who is more experienced than us at providing a particular Add-On Service (“Vendors”),
with your agreement, we can coordinate with our Vendors to get the requested Services provided, so that you only have to
deal with us. An example would be a gardening service.
3. Delivered Items
3.1 We may, as part of a Service, collect an item for you (“Delivered Item”) from a third party (“Merchant”) and then deliver it to
you. An example of a Delivered Item would be your dry cleaning picked up from a shop.
3.2 We reserve the right to limit the distance we travel from collection to the delivery location to be 3 kilometers.
3.3 You agree that we may not, at our sole discretion, be able to provide this Service to you.
3.4 Unless otherwise arranged, we will pay for the Delivered Item on collection from the Merchant. We reserve the right to limit
your total payments for all Delivered Items to be a maximum of $100 at any one time.
3.5 You agree to repay for that item on request, and any payment will become immediately due when that request is made (as
per clause 6.4).
3.6 You agree that we are not recommending a Delivered Item or Merchant. We will collect the Delivered Item from a particular
Merchant if you specify, otherwise we will chose a Merchant who is convenient to our Schedule and location.
3.7 You agree that, in collecting the item, we are acting as your agent. You are purchasing the Delivered Item from the
Merchant; our job is to facilitate the transaction between you and the Merchant and to transport the Delivered Item. If the
Merchant requests the purchaser information, we may record your details as the party purchasing the Delivered Item.
3.8 You acknowledge that we are not supplying the Delivered Item, and that we have no relationship with the Merchant except
where we are acting as your agent in sourcing the Delivered Item from them.
3.9 You agree that we have no control over the quality, safety or legality of any Delivered Items.
3.10 You agree that we have no control over the suitability or fit for purpose of any Delivered item.
3.11 You agree that you will raise any complaint or legal issue you have in relation to a Delivered Item directly with the Merchant.
To the extent permitted by law, we disclaim all conditions and warranties, expressed or implied.
4. Privacy Policy
4.1 In order to provide you with consistent, quality service, we collect through our Website and through our partner websites
such as Moovaz.com, personal information such as your contact details, address, and details regarding your service
4.2 Please inform us if your personal information changes or needs altering or updating in our system so that we can provide
a seamless service to you.
4.3 We are committed to preserving your privacy and do not sell or rent your personal information to third parties. We will only
release personal information to third parties if we believe we are required to do so to comply with the law, or protect the
rights, property or safety of MTDL, our users or others.
4.4 At your request, we will release your information to our Vendors in order for them to provide you with their Service, such as
Window Washing.
4.5 We may release your personal information to a Merchant from whom we are purchasing an item for your Delivery, if, for
example, the Merchant requires a record of the purchaser’s information to validate a Warranty.
4.6 It is our policy to email you about our wider Services, new Services, Service updates, special offers, benefits, Products,
and the services of Vendors we work with. At your request, we will remove you from our email mailing list(s). The email
address for unsubscribing to our commercial emails is office@mytodolist.co.nz.
5. Terms of Service
5.1 The Services we provide will be planned out (“Schedule”) and fulfilled at the price, price range or quote agreed between
you and us.
5.2 You agree that you will provide us with the information that we request and any other relevant information so that we can
set our Schedule and complete the Service accurately, timely and safely.
5.3 For each separate order for Service, whether a one off Special Project (“Special Project”) or recurring (“Regular”), MTDL
will determine the appropriate number of To-Do Gurus, equipment, and method of delivery.
5.4 If you need to vary or make a change to the content or scope of your Service, please inform us as early as possible, but no
later than 3pm the day before, so that we have time to prepare for that change.
www.mytodolist.co.nz PO Box 65264, Mairangi Bay, Auckland 0754
5.5 If you need to cancel your Service or reschedule to another day
(a) Regular Services require notification by 3pm the day before the Scheduled Service. If cancelled or
rescheduled after this time, a $40 cancellation/rebooking fee will be applied.
(b) Special Projects require notification 72 hours (3 working days) before the Scheduled Service. If cancelled or
rescheduled after this time, 50% of the Quoted Price will be applied as a cancellation/rebooking fee.
(c) Regular Services and Special Projects that are being provided under a different written agreement may
require cancellation or rescheduling under those Terms. In such cases, a different cancellation policy may
override this cancellation and rescheduling policy 5.5.
In addition to the above fees, you agree to reimburse us for any costs incurred in advance of your cancelled Service or that
are payable to any Vendor who requires payment despite the Service being cancelled.
5.6 If MTDL is unable to carry out some or all of the scheduled Service due to events within your control, such as a missing
key, we may not be able to fulfil the Service to its usual level of quality or may not be able to fulfil the Service at all. You
are liable for the full charges.
5.7 Each order of Service placed is subject to our ability to fulfil the order. In the case of an Add-On order, we will use our
reasonable endeavours to make sure that our Vendors can provide their Service. If a Vendor can’t provide their Service
then we will use our reasonable endeavours to find another Vendor who can.
5.8 If MTDL is unable to carry out some or all of the scheduled Service due to events outside of our control, we will let you
know as early as we can. With our Vendors, you agree that these third parties are outside of our control and that you won’t
hold us liable. If the Service was partially carried out, partial charges will be invoiced; if no Service was carried out, no
charges will be invoiced.
5.9 Services may not be available on public holidays, or may incur an additional charge.
5.10 The Terms available when a one-off Special Project is placed will be the Terms that apply. For Regular services, the Terms
that were in place when Services were last provided, or when the Service was originally ordered if Services have not yet
been provided, are the Terms which will apply.
5.11 We are unable to provide any Service which would require us to break the law.
5.12 If we are required to purchase alcohol and/or cigarettes as part of a Service, we reserve the right to require someone aged
18 or over, with appropriate photo identification, to be present when we provide the Service. We also reserve the right to
NOT leave purchased alcohol or cigarettes at an unattended Property. In such a situation, you may be required to collect
these items from us.
5.13 We reserve the right to decline to provide any Service or to fulfil any order.
6. Payments
6.1 For Services sought through our partner Moovaz.com, payments are paid directly through their platform.
6.2 If you are paying for a Service with a bank account or card based in a country other than New Zealand then you
acknowledge that:
(a) We may refuse to process any order placed if we, in our sole discretion, believe that the payment you have made is
not legitimate or if we believe any information you have provided is incorrect;
(b) We may refuse to process any order placed if we believe that we are prevented by New Zealand legislation. You agree
that we are not liable for any action of any government body in preventing our providing of any Service; and
(c) We may request proof of identity or payment legitimacy prior to an order being processed. We reserve the right to
decide what is required to prove identity.
6.3 While we will typically invoice you for Services on a weekly basis, we reserve the right to require any order to be paid in
advance. However all incidental costs, such as payments to Merchants for Delivered Items, may be invoiced at any time.
This includes, but is not limited to, the cost of dry cleaning and the purchase of grocery items.
6.4 You agree that any amount that is paid to a Vendor or for a Delivered Item for any order will become payable to us
immediately on your receipt of an invoice from us.
6.5 You agree that we may refuse to provide any Service, including any Service that we have already confirmed, if you have
any unpaid invoices. You agree that you will not hold us liable for any Service that we fail to provide due to outstanding
6.6 MTDL is responsible for paying the Goods and Services tax.
6.7 If we refuse to process your order for any reason then any pre-payment received from you for that order will be refunded
to you (minus any costs and Delivery purchases owing and cancellation fees which may apply, see 5.5). We will attempt to
make repayments in the same manner as the payment was made, however if this is not possible then we reserve the right
to repay you in the manner we choose.
6.8 If you require an invoice for a Delivered Item then this will need to be requested by you directly from the Merchant. When
possible, we will pass to you, with the Delivered Item, any invoice or receipt which we have received from the Merchant,
however if this is not supplied then you will need to contact the Merchant directly as we are unable to produce this for you.
6.9 Prices for Services are reviewed on 1 January of every year. You will be notified prior to any change in price for any Services
you currently receive.
6.10 You agree that we may claim, for our sole benefit, any bonus provided by the Merchant including, but not limited to, any
frequent customer points program, rebates, purchase incentives and discounts for large volumes. For the sake of clarity,
while we will make use of such benefits, we will not knowingly go to a Merchant who is more expensive or provides a poorer
service to gain such a benefit. Any such benefit is tertiary to the service or product you receive.
7. Property
7.1 Most of our services will require gaining access to a building (“Real Property”) or your personal items or pets (“Personal
Property”). For any Services that require access to Real Property, we will require that you provide
(a) access at the Scheduled time
(b) or keys and any relevant alarm codes
(c) any other information required to gain access to perform the Services in a timely and safe manner.
We will relinquish keys and such items to you at your request.
www.mytodolist.co.nz PO Box 65264, Mairangi Bay, Auckland 0754
7.2 Anything provided by you under clause 7.1 will be securely held by us. If, for any reason, we need to provide any of these
to a Vendor then we will seek your consent prior to doing so.
7.3 You agree that it is your responsibility to maintain your Real Property so that it is a safe environment. This includes, but is
not limited to safeguarding (restraining) against
(a) any pets that may endanger our To-Do Gurus or Vendors,
(b) construction work that may be occurring,
(c) any noxious chemicals,
(d) people who may present a threat.
You agree that, should our To-Do Gurus or Vendors reasonably believe that they are unable to safely access your Real
Property due to any risk, you will remain responsible for the cost of any Service. If our To-Do Gurus or Vendors decide
that a Real Property cannot be safely entered then we will notify you of the reason. If such a risk may exist then please
let us know in advance so that we have the opportunity to either make arrangements to minimise that risk or to refuse
to provide the Service.
7.4 It is your responsibility to make sure that any Personal Property that is to be used in the performance of a Service is in a
safe and working condition, such as your vacuum cleaner. If the To-Do Guru reasonably believes that it is unsafe then they
will not use it. This may affect the delivery of the Service. You agree that you will pay for any Service which cannot be
completed due to the condition of the Personal Property. We will endeavour to notify you if the To-Do Guru or Vendor
believes that any Personal Property in unsafe or not in a working condition.
7.5 You acknowledge that you have a legitimate interest in any Real Property or Personal Property for which you Order
Services. You acknowledge that we have no reason to doubt your legitimate interest, and that we will not be infringing on
any party’s interest in that property by providing the Service. You agree to indemnify us for all costs resulting from any
action against us where this clause is breached.
7.6 Any Personal Property will be transported by us in a reasonable manner, but will be done so at your risk. You agree that
you will insure your own personal property. You agree that you will be liable for any damage caused by your Personal
Property, including any mess made by any pet.
7.7 It is your responsibility to make sure that any Personal Property can be legally and safely moved. For example, if we are
required to move your vehicle then that vehicle will need to be insured, road worthy etc. You will need to tell us in advance
if this is not the case so that we can arrange the appropriate Vendors to help us move the Personal Property. You agree to
indemnify us for all costs incurred if this clause is breached. We may be able to arrange for the repair or replacement of
the Personal Property at your expense.
8. Authorisation
8.1 You agree that we have no obligation to inquire into the authority of any person placing an Order.
8.2 You agree that you will be liable to pay for any Order placed under your Account.
9. Complaints
9.1 We understand that you are asking us to look after your Property and we understand the care with which you expect us to
honour that trust you’ve placed in us. For that reason, all of our To-Do Gurus have gone through a vetting process and
have had their experience scrutinised.
9.2 Our To-Do Gurus and Vendors all respect the trust that is being placed in them and acknowledge the level of that trust. As
a result they have all agreed to do what they can to honour that trust, and to provide you with the level of Service that you
reasonably expect.
9.3 We ask that you let us know if you ever believe that our To-Do Gurus or Vendors have not done a satisfactory job or if you
have some other dissatisfaction in the Services provided or those who provide them. We will use our reasonable
endeavours to resolve the issue and, if we believe it is required, we will change the To-Do Guru or Vendor who is supplying
the Service.
9.4 We also like to believe that our To-Do Gurus and Vendors should work in a safe and comfortable environment. You agree
that you will treat them with the respect they deserve. This includes, but is not limited to, subjecting them to physical harm,
direct or indirect threats, any situation that they may believe could cause them harm, intimidation, aggression of any kind,
obscene language, discrimination of any kind or any situation which a reasonable person would find inappropriate in a work
9.5 You understand that we will need to suspend any Services if our To-Do Guru or Vendor feels that clause 9.4 has been
breached in any way. This will allow us time to investigate the matter.
9.6 We want our customers to experience the best service possible, so we are happy to discuss any issues or ideas that you
may have.
9.7 We also scrutinise our Vendors, seeking out industry leading professionals who we believe provide outstanding service.
We ask that you let us know if you ever receive anything other than the service you expect. This will provide us with an
opportunity to discuss the issue with the Vendor and, if required, look for other Vendors to provide the Service in the future.
9.8 If you prefer we can make sure that any complaint is handled anonymously, so that the To-Do Guru or Vendor is not aware
of who raised the complaint.
9.9 We want to be able to provide you with worry-free Services and letting us know about any issues will help us to do that.
10. No Warranty
10.1 All statutory, express or implied warranties by us are expressly excluded (to the extent permitted by law).
11. Limitation of Liability
11.1 Subject to clause 11.3, we will not be liable for any direct or indirect loss or damage, including without limitation; economic
loss, loss of profits or savings (or for any indirect or consequential loss or damage), however caused, arising out of or in
www.mytodolist.co.nz PO Box 65264, Mairangi Bay, Auckland 0754
connection with the Services, non provision of Services, any issue resulting out of any order, whether those orders were
acted upon or not, any injury sustained at any time or any physical damage to any Property.
11.2 As the person who is booking the order, you agree that you may have interacted with us on behalf of another person or
company who will receive a benefit from our Services as a result of your order (“the Recipient”). You acknowledge and
agree that, as we have not had direct contact with the Recipient, we have been unable to confirm any details beyond what
you have provided and that we have been unable to confirm any details with them. You agree to personally indemnify us
for any action filed against us by any other party, including the Recipient, for any action undertaken against us as a result,
directly or indirectly, of your order. This includes, but is not limited to, any claim for injury, lost items, lost income, emotional
harm or breach of privacy.
11.3 If we are found liable then you agree that our liability in respect of all claims for loss, damage or injury arising from a breach
or our obligations under these Terms or from any act or omission by us is limited in each case to the lesser of:
(a) Resupply of our Service (not including any amount paid to any Vendor); or
(b) The price of the Service provided (not including any amount paid to any Vendor).
11.4 Our liability in clause 11.3 is limited to our share of any payment you made, and that you will not hold us liable for any
payment made to Vendors, even though that payment was made through us.
11.5 You agree that you will not hold us liable for any failure of any Vendor, any third party, act of God, act of terrorism, war,
disease or any other reason that is outside of our control.
11.6 All claims must be made in writing and are subject to verification or acceptance by us. No claim for any loss, damage or
injury arising out of the supply of the Services, may be brought more than 10 days after the date you become aware or
reasonably ought to have been aware of the circumstances giving rise to the claim.
11.7 If any claim is made on the insurance we hold in relation to any Service you have ordered, you agree that you will pay the
$500 excess.
11.8 In the rare event that we lose any keys that have been provided to us, we agree to pay the cost to provide replacement
keys. However, if you require new locks to be installed then you agree to pay the excess noted in clause 11.7.
11.9 We will not be liable to you if we are unable to complete any order (in whole or in part) due to cause(s) beyond our
reasonable control.
12. General
12.1 We will not be prevented from enforcing any of our rights under this agreement because on an earlier occasion we did not
enforce those rights.
12.2 You agree that we may assign, delegate or subcontract any or all of our rights or obligations under the Terms.
12.3 You agree that we may issue any proceedings in respect of our agreement with you in any court that suits us. The law that
governs the terms is New Zealand law. All references to legislation are in reference to New Zealand legislation.
12.4 Any provision of the Terms that is held to be invalid or unenforceable for any reason shall be severed from the Terms and
shall not affect the remaining provisions of the Terms.
12.5 You agree that the Terms express the entire understanding between us and that there have been no representations made
by or on behalf of us that have been relied upon by you that are not contained in the Terms.