Godojo Privacy Statement
We collect personal information from you, including information about your:
• contact information
• interactions with us
• billing or purchase information
We collect your personal information to:
• Create personal account with godojo platform
• To verify the user account
• Compliance with KYC law requirements
• Target clients to match with godojo trainers’ skill sets
• To be able to contact users in the case of an inquiry
You have the right to ask for a copy of any personal information we hold about you, and to ask for it to be corrected if you think it is wrong. If you’d like to ask for a copy of your information, or to have it corrected, please contact us at firstname.lastname@example.org, or Level 1/19 Mauranui Avenue, Epsom, Auckland 1054.
• We keep the personal information we hold safe by storing it in encrypted files and only allowing certain highly qualified, senior, and trusted staff to access it.
• We keep the personal information for inactive/deleted users for 24 months, at which point we securely destroy it by securely erasing all digits.
Terms & Conditions
Godojo Limited (NZBN: 9429048918480)
1. Our Mission.
“Our mission is to create healthier and happier community with help of vetted professional athletes and personal trainers. Give our users the experience to train with true professionals and choose from a large variety of sport categories.”
Browse through the categories to find the ones who match your favourite sports or leisure activities. Learn more about trainers by reviewing their description and photos of their careers on their profile and read other past clients reviews.
2. Searching and Booking on godojo.
2.1 Searching. You can search for sport categories by using criteria like the type of sport or sport activity or by trainers ranking system as professionals, semi-professionals, amateur and enthusiasts. You can also use filters to refine your search by featured trainers or by favourite trainers. Search results are based on their relevance to your search and other criteria. Relevance considers factors like rank of the trainers professional, availability, Reviews, customer service and cancellation history, popularity, previous sessions, and saved trainers.
2.2 Booking. When you book a session, you are agreeing to pay all charges for your booking including the booking price, GST inclusive price , and any other fees identified during checkout (collectively, “Total Price”). When you receive the booking confirmation, a contract for Trainers Services is formed directly between you and the trainer. The 24/h cancellation policy and any other rules, standards, policies, or requirements identified in the booking or during checkout form part of your contract with the trainer. Be aware that some trainers work with a co-trainer or as part of a team to provide their training services.
2.3 Bookings for Experience and trainer Services. An Experience or other trainer Service bookings entitles you to participate in, attend, or use that trainer’s Service. You are responsible for confirming that you, and anyone you invite, meet minimum age, proficiency, fitness levels, or other requirements. You are responsible for informing the trainer of any medical or physical conditions, or other circumstances that may impact your ability to participate, attend or use the trainer Service. Except where expressly authorized, you may not allow any person to join a trainer Service unless they are included as an additional client during the booking process.
3. Cancellations, Travel Issues, Refunds and Booking Modifications.
3.1 Cancellations, Travel Issues, and Refunds. In general, if you cancel a reservation, the amount refunded to you is determined by the cancelation policy that applies to that booking. But, in certain situations, other policies take precedence and determine what amount is refunded to you. If something outside your control requires you to cancel a reservation, you may be entitled to a partial or full refund. If the trainer cancels, or you experience a Travel Issue, you may be entitled to rebooking assistance or a partial or full refund under the trainer refund policy. Different policies apply to certain categories; for example, massage or chiropractor’s bookings are governed by the user’s internal policy. You may appeal such a decision by contacting our Godojo customer service via https://godojo.fit/contact/
3.2 Booking Modifications. Trainers and Clients are responsible for any booking modifications they agree to make via the Godojo Platform or direct Godojo customer service to make on their behalf (“Booking Modifications“), and agree to pay any additional amounts, fees or taxes associated with any Booking Modification.
4. Your Responsibilities.
You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any booking or experience. For example, this means: (i) you are responsible for your own safety (and related to your personal training sessions), and (ii) you must act with integrity, treat others with respect and always comply with applicable laws. If you are booking for an additional client who is a minor or if you bring a minor to a Trainer’s Service, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.
5. Personal Training with godojo. 5.1 Trainer. As a Personal Trainer from now on PT only, godojo offers you the opportunity to share your Experience, Knowledge and Skill Sets, or other PT’s Service with our vibrant community of Clients – and earn money doing it. It’s easy to create a Listing and you are in control of how you train
– set your price, availability, and rules for your listing.
5.2 Contracting with Clients. When you accept a booking request, or receive a booking confirmation through the godojo Platform, you are entering into a contract directly with the client and are responsible for delivering the PT service under the terms and at the price specified in your listing. You are also agreeing to pay applicable fees like godojo commission fees (and if applicable GST tax or any other tax) for each booking. Godojo Payments will deduct amounts you owe from your payout unless we and you agree to a different method (subscription plan). Any terms or conditions that you include in any supplement contract with Clients must: (i) be consistent with these Terms, our policy, and the information provided in your Listing, and (ii) be prominently disclosed in your booking description.
5.3 Independence of Personal Trainer. Your relationship with godojo is that of an independent individual or entity and not an employee, agent, joint venturer or partner of godojo, except that godojo Payments acts as a payment collection agent as described in the Payments Terms. godojo does not direct or control your PT Service and you understand that you have complete discretion whether and when to provide PT Services and at what price and on what terms to offer them.
6. Managing Your Listing.
6.1 Creating and Managing Your Listing. The godojo Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your PT Service, your price, other charges and fees, security deposits, and any rules or requirements that apply to your Clients or Listing. You are responsible for your acts and omissions as well as for keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate career information and achievements. We recommend that you obtain professionally made photographs to create an appealing and Client friendly profile. You may maintain more than one listing under different categories, if your qualification, knowledge or skill sets meet the criteria of the category.
6.2 Know Your Legal Obligations. You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing and PT Services. For example: Keeping your clients safe and provide safe environment for the clients. Use of safe sporting gear and products. Some gyms or sport halls require that you register Clients who train with you. Check your local gym premises to learn what rules apply to the PT Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Clients and others in compliance with applicable privacy laws and these Terms, including
Our standard policy. If you have questions about how local laws apply you should always seek legal advice.
6.3 Search Ranking. The ranking of profile in search results on the godojo Platform depends on a variety of factors, including these main parameters: • Clients search parameters (e.g. number of Clients, time and duration of the training, price range, ranking, sport category),
• Listing characteristics (e.g. price, calendar availability, number and quality of images, Reviews, type of PT Service, PT status, PT popularity),
• Client booking experience (e.g. PT Service and experience, cancellation history of the PT, ease of booking, PT reviews),
• PT requirements (e.g. minimum or maximum bookings, booking cut-off time, 24h non- refundable cancelation policy), and
• Clients’ preferences (e.g. previous bookings, location from where the PT is providing their service ).
Search results may appear different on our mobile application than they appear on our website. godojo may allow PTs to promote their Listings in search or elsewhere on the godojo Platform by paying an additional fee. More information about the factors that determine how your Listing appears in search results, our current promotional programs (if any) and how we identify promoted Content can be found by contacting our help desk at https://godojo.fitcontact/
6.4 Your Responsibilities. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your PT Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the godojo Platform. Do not encourage Clients to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the godojo Platform in violation of our standard policy.
6.5 PT as a Team or Organization. If you work with a co-host or host as part of a team, business or other organization, the entity and everyone who participates in providing PT Services, is responsible and liable as a PT under these Terms. If you accept terms or enter contracts, you represent and warrant that you are authorized to enter contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct godojo to transfer a portion of your payout to a co-host or other Hosts, or send payments to someone else, you must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide.
7. Cancellations, Travel Issues, and Booking Modifications.
7.1 Cancellations and Travel Issues. In general, if a client cancels a reservation, the amount paid to you is determined by the cancellation policy that applies to that reservation. As a PT, you should not cancel on a client without a valid reason under our policy. If you cancel on a client without such a valid reason, we may impose reimbursement of the client fee. If: (i) a PT experiences a Travel Issue or a reservation is cancelled under one of these Terms, the amount you are paid will be reduced by the amount we refund or otherwise provide to the Client, and by any other reasonable costs we incur because of the cancellation. If a Client receives a refund after you have already been paid, or the amount of the refund and other costs incurred by godojo exceeds your payout, godojo (via godojo Payments) may recover that amount from you, including by offsetting the refund against your future payouts. You agree that godojo under these Terms pre-empt the cancellation policy you set in situations where they allow for the cancellation of a reservation and/or the issuance of refunds to Clients. If we reasonably expect to provide a refund to a Client under one of these policies, we may delay release of any payout for that booking until a refund decision is made. If you provide PT Service or an Experience please note that no different cancelation fees or circumstances apply to your booking. See each cancelation section of this agreement for details about what is covered, and what your payout will be under each situation. You may appeal a decision by Godojo by contacting
Our customer services at https://godojo.fit/contact
7.2 Booking Modifications. PTs and clients are responsible for any Booking Modifications they agree to make via the godojo Platform Chat or via godojo customer service to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a Booking Modification.
8.1 PT and Taxes. As a Personal Trainer, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit or include in your price any applicable GST or other indirect taxes, income or other taxes (“Taxes“).
8.2 Tax Information. In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that godojo may issue on your behalf invoices or similar documentation for VAT, GST, consumption or other Taxes for your PT Services to facilitate accurate tax reporting by our Clients and their organizations.
After each PT Service, Clients and PTs will have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our godojo service standards of service and professionality. Reviews are not verified by godojo for accuracy and may be incorrect or misleading. If reviews do not reflect the true state of events godojo customer service should be contacted at https://godojo.fit/contact/
Parts of the godojo Platform enable you to provide feedback, text, photos, audio, video, information, and other content (“Content”). By providing Content, in whatever form and through whatever means, you grant godojo a non-exclusive, worldwide, royalty-free, sub-licensable and transferable license, for the term of the protection of the rights so licensed, to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Content to provide and/or promote the godojo Platform, in any media or platform, known or unknown to date and in particular on Internet and social networks. If Content includes personal information, such Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with these terms and conditions. Where godojo pays for the creation of Content or facilitates its creation, godojo may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant godojo the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our content policy, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent and illegal content. You agree that godojo may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. godojo does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations.
godojo may charge fees to PTs and Clients for use of the godojo Platform.
More information about when service fees apply and how they are calculated can be found on
our www.godojo.fit website. Except as otherwise provided on the godojo Platform, service fees are non- refundable. godojo reserves the right to change the service fees at any time and will provide Members notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to Section 13.2.
12. Godojo Platform Rules.
12.1 Rules. You must follow these rules and must not help or induce others to break or circumvent these rules. • Act with integrity and treat others with respect o Do not lie, misrepresent something or someone, or pretend to be someone else.
– Be polite and respectful when you communicate or interact with others.
– Follow our these terms and conditions and do not discriminate against or harass others.
– Do not scrape, hack, reverse engineer, compromise or impair the godojo Platform
– Do not use bots, crawlers, scrapers or other automated means to access or collect data or other content from or otherwise interact with the godojo Platform.
– Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the godojo Platform or Content.
– Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the godojo Platform.
– Do not take any action that could damage or adversely affect the performance or proper functioning of the godojo Platform.
– Only use the godojo Platform as authorized by these Terms or another agreement with us o You may only use another Member’s personal information as necessary to facilitate a transaction using the godojo Platform as authorized by these Terms.
– Do not use the godojo Platform, our messaging tools, or Members’ personal information to send commercial messages without their express consent.
– You may use Content made available through the godojo Platform solely as necessary to enable your use of the godojo Platform as a Client or PT.
– Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.
– Do not request godojo clients, make, or accept a booking or any payment outside of the godojo Platform to avoid paying fees, taxes or for any other reason.
– Do not require or encourage Clients to open an account with you outside godojo Platform, leave a review, or otherwise interact, with a third-party website, application or service before, during or after a booking, unless authorized by godojo.
– Do not engage in any practices that are intended to manipulate our search algorithm.
– Do not use, copy, display, mirror or frame the godojo Platform, any Content, any godojo branding, or any page layout or design without our consent.
– Honor your legal obligations o Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
– If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under section Private of these terms and Conditions
– Read and follow our Terms and conditins.
– Do not use the name, logo, branding, or trademarks of godojo or others without permission.
– Do not use or register any domain name, social media handle, trade name, trademark, branding, logo or other source identifier that may be confused with godojo branding.
– Do not offer PT Services that violate the laws or agreements that apply to you.
– Do not offer or solicit prostitution via godojo platform.
12.2 Reporting Violations. If you believe that a Member, Listing or a profile content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting godojo. In addition, if you believe that a Member, Listing or profile content has violated our terms and conditions you should report your concerns to godojo. If you reported an issue to local
authorities, godojo may request a copy of that report. Except as required by law, we are not obligated to act in response to any report.
12.3 Copyright Notifications. If you believe that Content on the godojo Platform infringes copyrights, please notify us in accordance with our terms and conditions at https://godojo.fit/contact/ .
13. Termination, Suspension and other Measures.
13.1 Term. The agreement between you and godojo reflected by these Terms remains in effect until either you or we terminate the agreement in accordance with these Terms.
13.2 Termination. You may terminate this agreement at any time by sending us an email or by deleting your account. godojo may terminate this agreement for any reason by giving you 10 days’ notice via email or using any other contact information you have provided for your account. godojo may also terminate this agreement immediately and without prior notice and stop providing access to the godojo Platform if (i) you materially breach these Terms or our terms and coniditions, (ii) you violate applicable laws, or (iii) such action is necessary to protect the personal safety or property of godojo, its Members, or third parties (for example in the case of fraudulent behavior of a Member), or (iv) your account has been inactive for more than two years.
13.3 Member Violations. If (i) you breach these Terms (ii) you violate applicable laws, regulations or third party rights, (iii) you have repeatedly received poor Reviews or godojo otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) such action is necessary to protect the personal safety or property of godojo, its Members, or third parties, godojo may: • suspend or limit your access to or use of the godojo Platform and/or your account;
• suspend or remove Listings, Reviews, or other Content;
• cancel pending or confirmed bookings; or
• suspend, revoke or adjust status and rank associated with your account.
In case of non-material violations or where otherwise appropriate, you will be given notice of any intended measure by godojo and an opportunity to resolve the issue, unless such notification would
(i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (iii) contravene applicable laws.
13.4 Legal Mandates. godojo may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, including the measures described above in Section 13.3.
13.5 Effect of Termination. If you are a PT and terminate your godojo account, any confirmed booking(s) will be automatically cancelled and your clients will receive a full refund. If you terminate your account as a Client, any confirmed booking(s) will be automatically cancelled, and any refund will depend upon the terms of the bookings cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the godojo Platform has been limited, or your godojo account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the godojo Platform through an account of another Member.
13.6 Appeal. If godojo takes any of the measures described in this Section 13 you may appeal such a decision by contacting our customer service at https://godojo.fit/contact/
14. Modification of these Terms.
godojo may modify these Terms at any time. When we make changes to these Terms, we will post the revised Terms on the godojo Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the proposed changes by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the godojo Platform will constitute acceptance of the revised Terms.
15. Resolving Complaints and Damage Claims.
If a Member provides evidence that another Member has culpably damaged their real or personal property (“Damage Claim“), the complaining Member can seek compensation directly from the client or Pt or through customer godojo customer service.
If the complaining Member escalates a Damage Claim to godojo, the other Member will be given an opportunity to respond. If the responding Member agrees to pay, or godojo determines under consideration of any applicable statutory rules on the burden of proof that they are responsible for the Damage Claim, godojo via godojo Payments can collect any sums required to cover the Damage Claim from the responding Member and/or against any booking deposit. godojo may also pursue against you any remedies it may have available under applicable law. You agree to cooperate in good faith, provide any information godojo requests, execute documents, and take further reasonable action, in connection with Damage Claims, Member complaints, claims under insurance policies, or other claims related to your provision or use of PT Services. You may appeal a decision by godojo by contacting our customer service at https://godojo.fit/contact/ . Any decisions made by godojo in relation to a Damage Claim do not affect your contractual and statutory rights. Your right to take legal action before a court of law remains unaffected.
16. Godojo’s Role.
We offer a platform that enables Members to publish, offer, search for, and book Personal Trainers’ Services. When Members make or accept a booking, they are entering into a contract directly with each other. godojo is not and does not become a party to or other participant in any contractual relationship between Members. godojo is not acting as an agent for any Member except for where godojo Payments acts as a collection agent as provided in the Payments Terms. While we work hard to ensure our Members have great experiences using godojo, we do not and cannot control the conduct or performance of Clients and PTs and do not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or PT Services or (ii) the truth or accuracy of any Listing descriptions, Reviews, or other Content provided by Members. You acknowledge that godojo has no general obligation to monitor the use of the godojo Platform and verify information provided by our Members, but has the right to review, disable access to, remove, or edit Content to: (i) operate, secure and improve the godojo Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Member Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings and accounts that don’t meet quality and eligibility criteria. Where we remove or disable Content, we will notify a Member and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (iii) contravene applicable laws. You may appeal such a decision by contacting
Our customer service. Members agree to cooperate with and assist goodjo in good faith, and to provide godojo with such information and take such actions as may be reasonably requested by godojo with respect to any investigation undertaken by godojo regarding the use or abuse of the godojo Platform.
17. Member Accounts.
You must register an account to access and use many features of the godojo Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 16 years or older. You represent and warrant that you are not a person or entity barred from using the godojo Platform under the laws, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You must immediately notify godojo if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. You are responsible and liable for activities conducted through your godojo Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials). If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third- party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.
We do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Client, Personal Trainer, PT’s Service, Listing or third party and we do not warrant that verification, identity or background checks conducted on Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member being “verified” (or similar language) indicate only that the Member or godojo has completed a relevant verification or identification process and nothing else. We are not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of godojo platform. Godojo may, temporarily and under consideration of the Members’ legitimate interests (e.g. by providing prior notice), restrict the availability of the godojo Platform or certain features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the godojo Platform.
Godojo is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. For any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents godojo’s liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of godojo in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract. Any additional liability of godojo is excluded.
To the maximum extent permitted by applicable law, you agree to release, defend (at godojo’s option), indemnify, and hold godojo (including godojo Payments, other affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature), (ii) your improper use of the godojo Platform, (iii) your interaction with any Member, PT’s service, participation in an Experience or other PT’s Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, act, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights. The indemnification obligation only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.
21. Contracting Entities.
Based on your country of residence or establishment and what you are doing on the godojo Platform, Schedule 1 below sets out the godojo entity with whom you are contracting. If we identify through the godojo Platform, a godojo entity other than the one set out on Schedule 1 as being responsible for a product, feature or transaction, the godojo entity so identified is your contracting entity with respect to that product, feature or transaction. If you change your country of residence
or establishment to a country outside of the EEA, Switzerland or the United Kingdom, the godojo company you contract with, and the applicable version of the Terms of Service will be determined by your new country of residence or establishment, from the date on which your country of residence or establishment changes.
22. Applicable law and Jurisdiction.
These Terms are governed by and construed in accordance with New Zealand and Australia laws. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of NZ and Australia laws. As a consumer, you may bring any judicial proceedings relating to these Terms before the competent court of your place of residence or the competent court of godojo place of business in New Zealand. If godojo wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the New Zealand courts.
23.1 Other Terms Incorporated by Reference. Our terms and conditions and other supplemental policies and terms linked to in these Terms apply to your use of the godojo Platform, are incorporated by reference, and form part of your agreement with godojo.
23.2 Interpreting these Terms. Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms constitute the entire agreement between godojo and you pertaining to your access to or use of the godojo Platform and supersede all prior oral or written understandings or agreements between godojo and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and godojo. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 24.11 below, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
23.3 No Waiver. Godojo’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
23.4 Assignment. You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without godojo’s prior written consent. Godojo may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice. Your right to terminate this agreement at any time pursuant to Section 13.2 remains unaffected.
23.5 Notice. Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically, and given by godojo via email, godojo Platform notification, messaging service (including SMS), or any other contact method we enable you to provide. If a notification relates to a booking or Listing, you agree and acknowledge that such notifications via electronic means in lieu of a written statement, satisfies godojo’s obligations to conduct its service.
23.6 Third-Party Services. The godojo Platform may contain links to third-party websites,
applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. Godojo is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.
23.7 Google Terms. Some translations on the godojo Platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. Some areas of the godojo Platform implement Google Maps/Earth mapping
services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
23.8 Apple Terms. If you access or download our application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.
23.9 Godojo Platform Content. Content made available through the godojo Platform may be protected by copyright, trademark, and/or other laws of the New Zealand, Australia, United States and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of godojo and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the godojo Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, godojo grants you a limited, non- exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through the godojo Platform and accessible to you, solely for your personal and non-commercial use.
23.10 Force Majeure. Godojo shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
23.11 Emails and SMS. You will receive administrative communications from us using the email address or other contact information you provide for your godojo account. Enrolment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have an godojo Account.
23.13 Contact Us. If you have any questions about these Terms please email us via https://godojo.fit/elements/pages/contact/
24. United States Dispute Resolution and Arbitration Agreement.
24.1 Overview of Dispute Resolution Process. Godojo is committed to participating in a consumer- friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 24 applies: (1) an informal negotiation directly with godojo’s customer service team (described in paragraph 24.3, below), and if necessary (2) a binding processes under the consumer laws. You and godojo each retain the right to seek relief in small claims court as an alternative to arbitration.
24.3 Mandatory Pre-Dispute Resolution and Notification. At least 30 days prior to initiating to a dispute hearing, you and godojo each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to godojo by mailing it to godojo’s agent for service: Davies Law, Central Auckland office: Level 1, 19 Mauranui Avenue, New Market . Godojo will send its notice of dispute to the email address associated with your godojo account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence by filing a written Demand to local Courts.
24.4 Agreement to dispute. You and godojo mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the godojo Platform, PT Services, or any Content (collectively, “Disputes”) will be settled by binding local Courts.
24.5 Exceptions to dispute Agreement. You and godojo each agree that the following causes of action and/or claims for relief are exceptions to the dispute Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 22 of the Terms of Service for Non-European Users): (i) any claim or cause of action alleging actual or threatened
infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief. You and godojo agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the New Zealand Courts.
24.6 Jury Trial Waiver. You and godojo acknowledge and agree that we are each waiving the right to a trial by jury as to all Disputes.
24.11 No Class Actions or Representative Proceedings. You and godojo acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing,
the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
24.12 Severability. Except as provided in Section 24.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.
24.13 Changes to Agreement to Arbitrate. If godojo changes this Section 24 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice (including by email) within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and godojo (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and godojo.
24.14 Survival. Except as provided in Section 24.12, and subject to Section 13.6 of the Terms of Service for Non-European Users this Section 24 will survive any termination of these Terms and will continue to apply even if you stop using the godojo Platform or terminate your godojo Account. Additional Terms Applicable to Business Users If you are a Business User as defined in Section 25 of these Terms, the following additional terms will apply to you:
25. Business Users.
You are a “Business User” for the purposes of these Terms if (i) your place of residence or establishment is within the New Zealand and Australia (“Platform to Business Regulation”), and (iii) you have notified godojo that you are a Business User by adding your business details to your godojo account. You are responsible for keeping your business details accurate and up to date.
26. Termination, Suspension and other Measures.
In case we take any of the measures according to Section 13.2 and 13.3, you will be given the opportunity to clarify the facts and circumstances leading to such a measure in the framework of our internal complaint-handling process as described in Section 27.
27. Complaints Handling and Mediation.
We want to be transparent about how we handle complaints and aim to treat all Business Users fairly. Our customer service explains how you can access our internal complaint-handling system and what you can expect as a Business User when you make a complaint in relation to issues falling under the remit of Article 11 (1) of the Platform to Business Regulation. It also sets out the details of the mediation service that you can use in the event that such a complaint is not resolved.
28. Access to Data.
Business Users have access to personal and other data in their godojo account and PT dashboard which is provided by the Business User, their Clients or generated through the use of the godojo Platform and which is necessary for the performance of their PT Services as well as aggregated information about searches, bookings and the performance of their listings. Our terms and conditions sets out the categories of personal data and other data we collect, how we use, process, disclose and retain it, and how you can access it and exercise your data rights.
29. Additional Distribution Channels.
Godojo operates an affiliate program through which Listings may be featured on third party websites, such as those for e-commerce, media outlets, loyalty programs, and search aggregators. Listings may also appear in advertisements for godojo published on third party websites from time to time.