SHIFTMATE TERMS OF SERVICE
Last updated: April 26, 2026
Governing law: New Zealand
1. About ShiftMate and These Terms
ShiftMate is an online marketplace platform that connects individuals seeking casual day work (“Workers”) with businesses and individuals seeking short-term labour (“Employers”). ShiftMate is operated as a New Zealand business and is subject to New Zealand law.
By creating an account and using ShiftMate, you agree to be bound by these Terms of Service. Please read them carefully. If you do not agree, you must not use the Platform.
These Terms apply alongside, and do not limit or exclude, your rights under New Zealand law including the Consumer Guarantees Act 1993, the Fair Trading Act 1986, the Employment Relations Act 2000, the Health and Safety at Work Act 2015, and the Privacy Act 2020. Nothing in these Terms is intended to override your statutory rights.
2. ShiftMate's Role
ShiftMate operates as a technology intermediary — a digital noticeboard connecting Workers and Employers. ShiftMate does not directly employ Workers, supervise work performed, set pay rates between parties, guarantee job placement, or guarantee the quality or safety of work completed.
Important notice regarding worker classification:
Under New Zealand law, and in light of the Supreme Court decision Rasier Operations BV v E Tū Inc [2025] NZSC 162, the legal relationship between Workers and Employers may constitute an employment relationship depending on the actual circumstances of how work is arranged and performed. ShiftMate makes no legal determination of employment status on your behalf. Both Workers and Employers are solely responsible for assessing and complying with their obligations under the Employment Relations Act 2000, the Holidays Act 2003, the Minimum Wage Act 1983, the KiwiSaver Act 2006, and all other applicable employment legislation.
3. Employer Obligations
Employers using ShiftMate acknowledge and agree that they are responsible for:
3.1 Employment law compliance
Determining the correct legal status of any Worker they engage (employee or contractor) and meeting all obligations that flow from that status, including minimum wage (currently $23.50/hr as of April 2025), holiday pay, sick leave, KiwiSaver contributions, and any other entitlements under the Employment Relations Act 2000 and Holidays Act 2003.
3.2 Health and safety
Complying with the Health and Safety at Work Act 2015 as a Person Conducting a Business or Undertaking (PCBU). This includes providing a safe working environment, appropriate training and equipment, adequate supervision, and ensuring Workers are not exposed to unnecessary risk.
3.3 Accurate job listings
Ensuring all job postings are accurate, not misleading, and comply with the Fair Trading Act 1986. Employers must not misrepresent the nature of work, pay rates, hours, location, or working conditions.
3.4 Tax and ACC obligations
Meeting all obligations under the Income Tax Act 2007, the Tax Administration Act 1994, and the Accident Compensation Act 2001, including deducting PAYE where applicable and paying ACC levies.
3.5 Discrimination
Complying with the Human Rights Act 1993 and the Employment Relations Act 2000 by not discriminating against Workers on the grounds of sex, marital status, religious belief, ethical belief, colour, race, ethnic or national origins, disability, age, political opinion, employment status, family status, or sexual orientation.
4. Worker Obligations
4.1 Accurate profiles
Ensuring all information on their profile, including qualifications, skills, experience, and availability, is accurate and not misleading.
4.2 Tax obligations
Understanding and meeting their own tax obligations, including filing returns with Inland Revenue (IR) and paying any tax owing, irrespective of whether they are classified as employees or contractors.
4.3 Fitness for work
Ensuring they are fit and safe to perform the work they apply for, and notifying Employers of any relevant health conditions that may affect their ability to perform tasks safely.
4.4 Legal right to work
Confirming they have the legal right to work in New Zealand for any job they apply for.
5. Subscription Fees and Payment
5.1 ShiftMate charges a monthly subscription fee to access the Platform: Workers pay $19 per month; Employers pay $25 per month. These fees are for access to the Platform only and do not constitute wages, commissions, or any employment-related payment.
5.2 Subscription payments are processed by Stripe. By subscribing, you also agree to Stripe's terms of service. ShiftMate does not store your payment card details.
5.3 Subscriptions renew automatically each month unless cancelled before the renewal date. You may cancel at any time through your account settings.
5.4 Refunds are not provided for partial months of service unless required by the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.
5.5 ShiftMate reserves the right to change subscription pricing with at least 30 days' written notice. Continued use of the Platform after the notice period constitutes acceptance of the new pricing.
6. Limitation of Liability
6.1 To the maximum extent permitted by New Zealand law, ShiftMate's total liability to any user for any claim arising out of or in connection with the Platform shall not exceed the total subscription fees paid by that user in the three months preceding the claim.
6.2 ShiftMate shall not be liable for: any indirect, incidental, special, consequential, or punitive damages; loss of income or earnings; loss of data; personal injury or property damage arising from work arranged through the Platform; or disputes between Workers and Employers.
6.3 Important limitation:
These limitations do not apply to the extent they are prohibited by the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any other applicable New Zealand law. Nothing in these Terms excludes ShiftMate's liability for fraud, wilful misconduct, or death or personal injury caused by ShiftMate's negligence.
6.4 Because ShiftMate does not control how work is performed, does not supervise Workers on-site, and does not set working conditions, ShiftMate accepts no liability for workplace accidents, injuries, disputes, unpaid wages, or any other outcome arising from work arranged through the Platform. Workers and Employers assume all risk associated with the working relationship they enter into.
7. Privacy and Data
7.1 ShiftMate collects, stores, uses, and discloses personal information in accordance with the Privacy Act 2020 and its 13 Information Privacy Principles (IPPs), including the new IPP 3A which came into force on 1 May 2026.
7.2 Personal information collected includes: name, email address, phone number, location, work history, profile photo, and payment information (processed by Stripe).
7.3 ShiftMate collects personal information for the purpose of operating the Platform, connecting Workers and Employers, processing payments, communicating with users, and improving the service.
7.4 Personal information may be shared with: other users of the Platform (as required for the marketplace to function), Stripe (for payment processing), Supabase (for data storage), and as required by law.
7.5 You have the right to request access to, and correction of, your personal information held by ShiftMate. To exercise these rights, contact us at support@shiftmate.co.nz.
7.6 ShiftMate must appoint a Privacy Officer as required by the Privacy Act 2020. To contact ShiftMate's Privacy Officer, email privacy@shiftmate.co.nz.
7.7 In the event of a notifiable privacy breach, ShiftMate will notify the Office of the Privacy Commissioner and affected individuals as soon as practicable, as required by sections 113–116 of the Privacy Act 2020.
8. User Content and Conduct
8.1 You must not use the Platform to post false, misleading, or deceptive content in violation of the Fair Trading Act 1986.
8.2 You must not use the Platform to facilitate any unlawful activity including illegal work arrangements, tax evasion, or discrimination.
8.3 ShiftMate reserves the right to remove any content or listing that violates these Terms or applicable law, without notice.
9. Dispute Resolution
9.1 ShiftMate encourages users to resolve disputes directly between themselves in the first instance.
9.2 If you have a complaint about ShiftMate's services, please contact us at support@shiftmate.co.nz. We will respond within 10 working days.
9.3 If a dispute cannot be resolved directly, users may seek assistance from: the Disputes Tribunal (claims up to $30,000); the Employment Relations Authority (employment-related disputes); the Commerce Commission (Fair Trading Act complaints); or the Office of the Privacy Commissioner (privacy complaints).
9.4 These Terms are governed by the laws of New Zealand. Any legal proceedings shall be brought in the courts of New Zealand.
10. Amendments and Account Termination
10.1 ShiftMate may amend these Terms at any time. We will notify registered users of material changes at least 14 days before they take effect. Continued use of the Platform after that period constitutes acceptance of the amended Terms.
10.2 ShiftMate reserves the right to suspend or terminate any account that violates these Terms, applicable law, or that poses a risk to other users or the Platform, with or without notice depending on the severity of the breach.
10.3 You may close your account at any time through your account settings.
11. Entire Agreement
These Terms, together with ShiftMate's Privacy Policy, constitute the entire agreement between you and ShiftMate regarding the Platform. They supersede all prior representations, arrangements, and understandings.
By creating a ShiftMate account, you confirm you have read, understood, and agreed to these Terms of Service.