Gentle Journey

1. Independent Contractor Status

You are engaged by Gentle Journey Ltd (“Gentle Journey”) as an independent contractor, not as an employee. This agreement does not create an employment relationship, partnership, or joint venture between you and Gentle Journey. The parties intend that this agreement satisfies all five criteria of the Gateway Test under the Employment Relations Amendment Act 2026 (NZ), as set out below.

1.1 NZ Gateway Test Compliance (Employment Relations Amendment Act 2026)

This agreement is structured to satisfy the five-criteria Gateway Test, which provides conclusive contractor status where all of the following apply:

Written agreement: This written agreement states that you are engaged as an independent contractor, not an employee.
Freedom to work for others: You are free to perform services for any other person or organisation, including competitors of Gentle Journey, at any time — provided you comply with the confidentiality obligations in these terms.
No obligation of availability: You are under no obligation to be available to perform services at specific times or for a minimum number of hours. You may accept or decline individual job offers at your discretion.
No termination for declining work: Gentle Journey will not terminate this agreement solely because you decline an offer of additional work. Repeated unavailability without communication may be discussed, but declining jobs is not, by itself, a termination ground.
Opportunity for independent legal advice: You have had, or have been given a reasonable opportunity to obtain, independent legal advice before accepting these terms. By accepting, you acknowledge this opportunity was available to you.

If any one of the five criteria above is not met, the common-law “real nature of the relationship” test under the Employment Relations Act 2000 (as interpreted by NZ courts, including the 2025 Supreme Court ruling in Rasier Operations BV v E Tū Incorporated) may apply. You are encouraged to seek independent legal advice if you are uncertain about your classification.

1.2 Nature of Engagement

As an independent contractor you:

Are free to accept or decline individual jobs without penalty to your contractor status under this agreement.
Provide your own vehicle and equipment necessary to perform services (or, if a franchise driver, the franchise owner’s vehicle — see Section 4.4).
Are not entitled to employee benefits including holiday pay, sick leave, parental leave, or KiwiSaver contributions from Gentle Journey.
May work for other organisations at any time, subject to maintaining client confidentiality as required by these terms.
May not subcontract or assign jobs to another person without Gentle Journey’s prior written consent. Only the registered driver may perform services under this account.
Are not an agent of Gentle Journey and may not make representations or commitments on Gentle Journey’s behalf.

2. Tax & Financial Obligations

You are solely responsible for all tax obligations arising from payments received from Gentle Journey, including but not limited to:

Income Tax: You must declare all income earned through Gentle Journey to Inland Revenue (IRD) and file your own tax returns. Gentle Journey will not deduct PAYE on your behalf.
GST: If your turnover exceeds NZD $60,000 in any 12-month period, you are required to register for GST with IRD. You are responsible for monitoring this threshold.
ACC Levies: As a self-employed person, you are responsible for paying your own ACC levies directly to ACC.
Student Loan Repayments: If applicable, you are responsible for making your own student loan repayments to IRD.
Tax Indemnity: If any tax authority or court determines that the relationship between you and Gentle Journey constitutes employment (rather than contracting), you agree to indemnify Gentle Journey for any additional PAYE tax, KiwiSaver contributions, employee levies, or associated penalties that Gentle Journey is required to pay as a result of such a determination, to the extent permitted by law.

Gentle Journey strongly recommends you seek independent financial or tax advice. A record of all payments made to you will be available via this app and on request.

3. Payment Terms

Pay is calculated at $27.50 per hour, based on recorded transit time plus companion/support time for each completed job.
Payments are made weekly, every Friday, to the bank account you have provided in this app.
It is your responsibility to ensure your bank account details are accurate. Gentle Journey accepts no liability for misdirected payments resulting from incorrect details you provide.
You must provide your IRD number to Gentle Journey upon request for record-keeping purposes.
Gentle Journey reserves the right to withhold payment for jobs that are not completed to the required standard or are in dispute.

4. Vehicle & Licensing Requirements

You must hold and maintain all documentation and standards listed below at all times while engaged with Gentle Journey. Failure to maintain any of these requirements is grounds for immediate suspension of your engagement.

4.1 Driver Licence

You must hold a current, valid New Zealand driver’s licence that is appropriate for the class of vehicle you operate.
Your licence must not be suspended, revoked, or subject to any conditions that would prevent you from legally transporting passengers.
You must notify Gentle Journey immediately if your licence is suspended, downgraded, endorsed with demerit points above 99, or subject to any court-imposed driving restriction.
You are required to hold a current Passenger Endorsement (P endorsement) on your New Zealand driver’s licence before commencing any driving duties for Gentle Journey. This is a mandatory condition of engagement and is not optional.
The cost of obtaining and renewing your P endorsement — including any applicable medical certificate, police vetting fees, and NZTA application fees — is solely your responsibility. Gentle Journey does not subsidise or reimburse these costs.
Your P endorsement must remain current at all times. You must not drive for Gentle Journey with a lapsed or expired P endorsement. It is your responsibility to track your endorsement expiry date and renew it before it lapses.
If you operate a vehicle that requires a Class 2 or higher licence (e.g., larger mobility vehicles or minibuses), you must hold the appropriate licence class for that vehicle at your own cost.
You must be able to produce your driver’s licence, including any endorsements, for inspection upon request.

4.2 Vehicle Registration

Your vehicle must have a current New Zealand vehicle registration (Rego) that is paid and up to date at all times.
It is your responsibility to renew your vehicle registration before it lapses. You must not operate a vehicle with an expired registration.
You must be able to produce evidence of current registration upon request by Gentle Journey or any authorised authority.

4.3 Warrant of Fitness (WoF)

Your vehicle must have a current, valid Warrant of Fitness (WoF) at all times.
A lapsed WoF renders your vehicle unfit for use under this engagement. You must not transport clients in a vehicle without a current WoF.
If your vehicle fails a WoF inspection, you must notify Gentle Journey immediately and must not accept further jobs until the vehicle has passed a new inspection and a valid WoF is issued.
You are responsible for all costs associated with obtaining and maintaining a current WoF.

4.4 Comprehensive Motor Vehicle Insurance

Your insurance obligations depend on whether you are operating your own personal vehicle or a vehicle provided by a Gentle Journey franchise owner. Read the section that applies to you carefully.

🚗 If you are using your own vehicle

You must hold a comprehensive motor vehicle insurance policy in your own name that specifically extends to cover business use — meaning the paid transportation of clients and passengers.
A standard private-use-only policy is not sufficient and may result in your insurer declining any claim made during a job. It is your sole responsibility to contact your insurer and obtain written confirmation that your policy covers commercial passenger transport.
Your policy must include a minimum of NZD $1,000,000 third-party liability cover for passenger transport. Gentle Journey strongly recommends seeking independent advice to ensure you have adequate cover.
You must provide Gentle Journey with a copy of your current Certificate of Insurance upon request, and notify Gentle Journey immediately whenever your policy is renewed, materially changed, or cancelled.
Any insurance excess, premium increases, or claim costs arising from incidents while working for Gentle Journey are solely your responsibility, unless otherwise agreed in writing.
Gentle Journey accepts no liability whatsoever for any loss, damage, injury, or legal claim arising from you operating without appropriate insurance coverage. Operating without valid business-use insurance may result in immediate termination of your engagement.

🏢 If you are driving a vehicle provided by a franchise owner

Your franchise owner is responsible for arranging and maintaining comprehensive motor vehicle insurance on the vehicle they provide to you, including cover for commercial passenger transport.
Before commencing any job in a franchise-owned vehicle, you should confirm with your franchise owner that the vehicle is currently insured and that the policy covers you as a named or authorised driver.
Even where insurance is held by the franchise owner, you remain personally responsible for driving safely, lawfully, and in compliance with all conditions of the insurance policy. Any claim resulting from deliberate misconduct, driving under the influence, or wilful breach of policy conditions on your part may result in the insurer declining the claim and costs being pursued against you.
If you become aware that the franchise-owner’s insurance has lapsed, been cancelled, or does not cover the vehicle you are operating, you must stop accepting jobs immediately and notify both your franchise owner and Gentle Journey.
Gentle Journey accepts no liability for insurance arrangements between franchise owners and their drivers. Any dispute regarding insurance coverage in a franchise arrangement is a matter between you and your franchise owner.

💡 Not sure which applies to you? Contact Gentle Journey admin before you start driving to confirm your insurance situation in writing.

4.5 Additional Licences & Certifications

Depending on the nature of the services you provide (e.g., transporting passengers with disabilities, using wheelchair-accessible vehicles), you may be required to hold additional certifications or training qualifications. Gentle Journey will advise you of any such requirements relevant to your role.
If you operate a wheelchair-accessible vehicle (WAV), you must hold any relevant endorsements, certifications, or training required by law or by Gentle Journey, including safe passenger-handling and wheelchair-securement training.
First Aid certification is strongly recommended and may be required for certain client-care roles. Where required, Gentle Journey will advise you in advance.
You are responsible for maintaining all applicable licences, endorsements, and certifications at your own cost, and for renewing them before they expire.

4.6 Vehicle Condition & Presentation

Your vehicle must be maintained in a safe, clean, and roadworthy condition at all times.
The interior must be tidy, odour-free, and smoke-free. Smoking in your vehicle at any time while it is used for Gentle Journey services is strictly prohibited.
Seatbelts must be in full working order for every passenger seat used.
If your vehicle is involved in an accident or sustains damage that may affect its roadworthiness, you must not use it for Gentle Journey services until it has been inspected and repaired to a safe standard.
Gentle Journey reserves the right to request a vehicle inspection at any time and to suspend your engagement if your vehicle does not meet the required standard.

4.7 Documentation

You must be able to produce the following documents upon request by Gentle Journey or any authorised enforcement officer:

Current driver’s licence (including any endorsements such as P endorsement).
Current vehicle registration certificate.
Current Warrant of Fitness documentation.
If using your own vehicle: Current Certificate of Insurance confirming comprehensive cover including business/passenger use in your name.
If using a franchise owner’s vehicle: Confirmation from your franchise owner that the vehicle is insured for commercial passenger transport and that you are an authorised driver under that policy.
Any additional endorsements, licences, or certifications applicable to your role.

Failure to produce any of the above documents may result in the immediate suspension of your engagement pending verification.

🎓 Gentle Journey Academy

5. Gentle Journey Academy Certification — Mandatory

⚠️ This is a condition of engagement — not optional

You must complete all required Gentle Journey Academy certifications before you are permitted to accept or carry out any driving duties for Gentle Journey. Your account will remain in a restricted state until Gentle Journey admin has confirmed your Academy certifications are complete and current.

5.1 What the Academy Covers

The Gentle Journey Academy programme is designed to ensure every driver meets the standard of care and professionalism expected when supporting our clients. Certifications may include (but are not limited to):

Passenger Endorsement (P Endorsement): You must hold a current P endorsement on your New Zealand driver’s licence. The full cost of obtaining and maintaining this endorsement — including NZTA fees, medical certificate, and police vetting — is your responsibility and will not be reimbursed by Gentle Journey.
Client Care & Disability Awareness: Understanding the needs of clients with physical, cognitive, and psychosocial disabilities, and how to support them with dignity.
Safe Passenger Handling: Correct techniques for assisting clients in and out of vehicles, including safe wheelchair loading and securement where applicable.
Manual Handling & Mobility Aids: Safe use of wheelchairs, walkers, and other mobility equipment.
First Aid: A current First Aid certificate (as specified by Gentle Journey) may be required for your role. Gentle Journey will advise you of the required level and format.
Emergency Procedures: How to respond to a client medical emergency, vehicle breakdown, or accident while on duty.
Confidentiality & Privacy: Understanding your obligations under the NZ Privacy Act 2020 in relation to client information.
Health & Safety: Your obligations under the Health and Safety at Work Act 2015 as a self-employed person interacting with clients in a care context.
Code of Conduct & Professionalism: Gentle Journey’s standards for driver presentation, communication, and conduct with clients, their families, and the public.
Any additional modules introduced by Gentle Journey from time to time as the Academy programme develops.

5.2 Initial Certification Requirements

All Academy certifications must be completed to the required standard before your first job. Partial completion does not satisfy this requirement and you will not be activated to accept jobs until all initial certifications are confirmed complete by Gentle Journey admin.
Certifications must be kept current and up to date throughout your engagement. Where a certification has an expiry date, you are solely responsible for tracking that date and renewing before it lapses. Driving with an expired certification is a breach of these terms.
Gentle Journey will notify you when a recertification is due. However, it is ultimately your responsibility to ensure your certifications remain current — you should not rely solely on reminders from Gentle Journey.

5.3 Ongoing & Future Training — Binding Obligation

⚠️ This obligation continues for the duration of your engagement

By accepting these terms, you acknowledge and agree that your training obligations do not end at initial certification. The Gentle Journey Academy is a living programme that will evolve over time to reflect best practice, legislative changes, client care advances, and Gentle Journey's own standards of service.

You are required to complete any and all new training modules introduced by Gentle Journey Academy at any point during your engagement, within the timeframe specified by Gentle Journey.
Gentle Journey will give reasonable notice of new mandatory training and will specify a completion deadline. Reasonable notice will generally be no less than 14 days, except where a module is required urgently due to regulatory or safety reasons.
Failure to complete new mandatory training within the specified deadline will result in suspension of your ability to accept jobs until the training is complete. Continued non-completion may result in termination of your engagement.
New training may be introduced for any reason at Gentle Journey's discretion, including but not limited to: changes in health and safety legislation, new client care practices, updated vehicle handling procedures, changes to the Gentle Journey service model, or quality improvement initiatives.
There are no exceptions to this obligation. If you are unable to complete a module within the required timeframe due to personal circumstances, you must contact Gentle Journey admin as soon as possible to discuss an extension. Extensions are granted at Gentle Journey's sole discretion.
Completing required training is a condition of your continued right to work as a Gentle Journey driver. It is not optional and cannot be waived.

5.4 Costs of Ongoing Training

The cost of the Gentle Journey Academy programme, including any materials and assessments provided directly by Gentle Journey, will be communicated to you prior to onboarding.
The cost of your Passenger Endorsement (P endorsement), including all NZTA fees, medical examinations, and police vetting fees, is your responsibility entirely. Gentle Journey will not contribute to or reimburse these costs under any circumstances.
Any external certifications or courses required as part of the Academy (e.g., First Aid from an approved provider) are at your own cost unless Gentle Journey expressly agrees otherwise in writing prior to you undertaking the course.
Where new mandatory training modules are introduced over time, the cost structure for those modules will be communicated to you at the time they are introduced. Where a cost applies, you will be given reasonable notice before being required to enrol.

5.5 Verification

Gentle Journey reserves the right to verify all Academy certifications, licence endorsements, and training records at any time.
You must provide copies of any relevant certificates, endorsements, or course completion records upon request and within a reasonable timeframe.
Providing false, altered, or misleading information regarding your certifications or training status is grounds for immediate termination and may be referred to relevant authorities.
Gentle Journey may maintain a training record for each driver. You may request a copy of your training record held by Gentle Journey at any time.

6. Background Checks & Vetting

By accepting these terms, you consent to Gentle Journey carrying out, or requesting that you provide:

A New Zealand Police vetting / background check.
Verification of qualifications and credentials you have listed.
Periodic re-vetting as Gentle Journey considers necessary.

Your engagement may be declined or terminated if the results of any vetting are unsatisfactory at Gentle Journey’s discretion.

7. Client Confidentiality & Privacy

You must treat all information relating to clients as strictly confidential. This includes names, addresses, medical conditions, personal circumstances, and any other information you become aware of during the course of a job.

You must not disclose client information to any third party without the written consent of Gentle Journey.
You must not use client contact details for personal purposes.
Your obligations of confidentiality continue after your engagement with Gentle Journey ends.
Gentle Journey complies with the New Zealand Privacy Act 2020. You are expected to handle any personal information you encounter in a manner consistent with this Act.

8. Code of Conduct

As a Gentle Journey driver you are expected to:

Treat all clients with dignity, respect, and compassion at all times.
Arrive on time for every booked job. Notify Gentle Journey immediately if you are running late.
Be dressed professionally and present a clean, tidy appearance.
Refrain from using a mobile phone while driving.
Not consume alcohol or non-prescribed drugs before or during any shift.
Not smoke in or around your vehicle when clients are present.
Report any incidents, accidents, or concerns involving clients to Gentle Journey promptly.
Comply with all applicable health and safety obligations under the Health and Safety at Work Act 2015.
Not discriminate against any client on the basis of age, disability, ethnicity, gender, sexual orientation, religion, or any other protected characteristic under the Human Rights Act 1993.

9. Cancellations & No-Shows

If you need to cancel a booked job, you must notify Gentle Journey with a minimum of 4 hours’ notice where possible.
Repeated late cancellations or no-shows may result in suspension or termination of your engagement.
Gentle Journey reserves the right to reallocate jobs without notice in cases of emergency or driver unavailability.

10. Health & Safety

You must not perform any job if you are unwell, medicated in a way that impairs your driving, or otherwise unfit to drive safely.
You are responsible for your own health and safety while performing services for Gentle Journey.
You must report any health and safety hazards or incidents to Gentle Journey as soon as practicable.
In the event of a client emergency, call 111 immediately and then notify Gentle Journey.

11. Intellectual Property & Use of App

Gentle Journey grants you a limited, non-exclusive, non-transferable, revocable licence to use the Gentle Journey Driver app solely for the purpose of performing contracted services under this agreement.

The app, platform, software, logos, and all associated content are the property of Gentle Journey Ltd. You may not copy, reproduce, modify, distribute, reverse-engineer, or create derivative works from any part of the platform.
Your login credentials are personal and must not be shared with any other person. Only you may access and use your driver account.
You consent to Gentle Journey collecting and recording job data, GPS location information (during active jobs), earnings data, and app interaction data for operational, payroll, safety, and compliance purposes.
Any feedback, suggestions, or ideas you provide to Gentle Journey regarding the platform are the property of Gentle Journey and may be used without compensation or acknowledgement.
Upon termination of this agreement, your licence to use the app is immediately revoked. You must cease using the app and any associated systems.
Gentle Journey may update or discontinue the app or any features at any time without liability to you.

12. Suspension & Termination

12.1 Termination by Either Party

Either party may end this engagement at any time by providing a minimum of 48 hours’ written notice where practical (notice via the app or email is acceptable).
Any outstanding payments for work already completed and verified will be paid in the next regular weekly payment cycle after termination.
Upon termination, your licence to use the Gentle Journey Driver app is immediately revoked.

12.2 Immediate Termination by Gentle Journey

Gentle Journey may suspend or terminate your engagement immediately and without notice in any of the following circumstances:

Assault, sexual misconduct, harassment, threatening behaviour, or any criminal conduct while on duty or while using the app.
Driving under the influence of alcohol, drugs, or any substance that impairs driving ability.
Fraud: falsifying job records, misrepresenting time or distance, accepting payment for jobs not completed, or manipulating the app in any way.
Account sharing: allowing any other person to use your driver account or perform jobs under your profile.
Material breach of any provision of these terms.
Failing a background check re-screening.
Operating without a valid driver’s licence, P endorsement, vehicle registration, WoF, or appropriate insurance.
Providing false, altered, or misleading information on your application or profile, including false certification records.
Conduct that places a client, member of the public, or Gentle Journey at risk of harm or reputational damage.
Sustained failure to meet the service quality standards in Section 15 of these terms, after warnings have been issued.

12.3 Appeals Process

If your account is suspended or terminated by Gentle Journey (other than for criminal conduct or immediate safety concerns), you have the right to submit a written appeal to Gentle Journey admin within 7 days of notification.
Your appeal should include any relevant context, evidence, or mitigating information.
Gentle Journey will review your appeal and respond within 10 business days.
The outcome of the appeal is at Gentle Journey’s discretion. Nothing in this clause limits your rights under NZ employment or contracting law.

13. Amendments & Right to Modify

Gentle Journey reserves the right to update these terms at any time. When material changes are made, you will be notified via the app or email and will be required to re-accept the updated terms before continuing to use the platform. Continued use of the platform after notification of minor or administrative changes constitutes acceptance of those changes. Amendments to payment rates will be notified at least 14 days in advance.

14. Governing Law

These terms are governed by the laws of New Zealand. The parties submit to the non-exclusive jurisdiction of the New Zealand courts. Nothing in these terms limits your right to access the Employment Relations Authority, Employment Court, NZ Disputes Tribunal, or any other forum available to you under NZ law.

15. Service Quality & Performance Standards

Gentle Journey expects all drivers to maintain a consistent standard of service. While there is no formal points or tier system, the following quality standards apply throughout your engagement:

Punctuality: You must arrive on time for every booked job. A pattern of late arrivals or last-minute cancellations will be reviewed and may result in a warning or suspension.
Client feedback: Client satisfaction feedback received by Gentle Journey may be reviewed periodically. Repeated negative feedback will be discussed with you and, where not resolved, may be grounds for suspension.
Completion of accepted jobs: Once you have accepted a job, you are expected to complete it. Abandoning an accepted job without notifying Gentle Journey is a conduct breach. Where an emergency prevents completion, you must contact Gentle Journey admin immediately.
Response to communications: You should respond to communications from Gentle Journey admin within a reasonable time (generally within 4 hours during business hours).
Performance review process: Where Gentle Journey identifies a performance concern, you will generally be notified in writing and given an opportunity to respond before any further action is taken. This does not apply to immediate termination grounds listed in Section 12.2.
No minimum job volume: There is no minimum number of jobs you must complete. You will not be penalised for declining jobs offered to you.

16. Account Integrity & Fraud Prevention

Sole use of account: Only you may use your Gentle Journey driver account and accept or perform jobs under your profile. Allowing any other person to use your account, or performing jobs for another driver’s account, is a zero-tolerance offence resulting in immediate termination.
Accurate records: You must not falsify, exaggerate, or manipulate job times, distances, or any other information entered into the app. All records must accurately reflect the job as performed.
False documentation: Uploading false, altered, or expired licences, certifications, insurance documents, or any other required documents is a serious breach and grounds for immediate termination and potential referral to authorities.
App misuse: You must not attempt to reverse-engineer, manipulate, or exploit the Gentle Journey app or any associated system. Any detected attempt to interfere with platform data will result in immediate termination.
Earnings integrity: You must not claim payment for jobs that were not completed as booked. Gentle Journey reserves the right to withhold or recover payment for any job where fraud or a material policy breach is identified.
Reporting: If you become aware of fraud or misconduct by another driver, you are encouraged to report it to Gentle Journey admin in confidence.

17. Data, Privacy & GPS Location Tracking

17.1 Data We Collect

By using the Gentle Journey Driver app, you consent to Gentle Journey collecting the following categories of data:

Identity and contact information (name, phone, email, address).
Driver licence details, endorsements, and other onboarding documents.
Bank account details (held securely and used solely for payroll).
Precise GPS location data while the app is active and during jobs.
Job records: pickup/dropoff addresses, times, durations, earnings, and status updates.
Background check results (held confidentially).
App usage and interaction data.
Communications through the app or with Gentle Journey admin.

17.2 GPS & Location Tracking

Gentle Journey collects your precise GPS location when the app is active during a job. This is used to verify job completion, provide navigation assistance, calculate drive time for earnings purposes, and for safety monitoring.
Location data is not continuously tracked when you are not on an active job.
Disabling location permissions on your device will prevent the navigation and job-tracking features of the app from functioning.
Location data associated with jobs may be retained for audit, payroll verification, and compliance purposes for a period of up to 7 years.

17.3 How We Use Your Data

To process your weekly pay and maintain payroll records.
To match you with client bookings and provide job information.
To communicate with you about jobs, scheduling, and platform matters.
To verify compliance with licensing, insurance, and certification requirements.
To share relevant job information with clients (e.g., your name and ETA — not your personal contact details).
To respond to valid requests from NZ law enforcement or regulatory authorities.
To investigate complaints or conduct concerns.

17.4 Your Privacy Rights

Gentle Journey complies with the New Zealand Privacy Act 2020. You have the right to access and request correction of personal information Gentle Journey holds about you. To exercise these rights, contact Gentle Journey admin. Your bank account details are held securely and are not shared with clients, other drivers, or third parties outside of necessary payroll processing.

We will not sell your personal data. Data shared with third parties (e.g., background check providers, payroll processors) is limited to what is necessary for the relevant purpose, and those parties are required to handle it appropriately.

18. Liability & Indemnity

18.1 Your Indemnity Obligations

You agree to indemnify, defend, and hold harmless Gentle Journey Ltd, its directors, employees, and agents from and against any claims, losses, damages, costs, and legal expenses arising from:

Your performance of (or failure to perform) services under this agreement.
Your breach of any provision of these terms.
Your negligence, misconduct, or wilful act while on duty.
Your failure to hold appropriate licences, insurance, or certifications.
Any violation of applicable law by you while using the platform.
Any tax reclassification where Gentle Journey is found liable for employer-side obligations as a result of the relationship with you.

18.2 Gentle Journey’s Liability

Gentle Journey’s liability to you under or in connection with this agreement is limited to the total fees paid to you in the 3 months preceding the event giving rise to the claim.
Gentle Journey excludes liability for any indirect, incidental, consequential, or special losses, including loss of income, loss of opportunity, or loss of data.
The app and platform are provided on an “as is” basis. Gentle Journey does not guarantee the availability of jobs, a minimum level of earnings, or uninterrupted access to the platform.

18.3 NZ Statutory Rights Preserved

Nothing in these terms limits or excludes any right or remedy you may have under New Zealand law that cannot be contracted out of, including rights under the Consumer Guarantees Act 1993, Fair Trading Act 1986, or Employment Relations Act 2000 (where applicable). The limitations in Section 18.2 apply only to the extent permitted by applicable NZ law.

19. Earnings Disputes

If you believe there is an error in your earnings for a particular job or pay period, you must raise the dispute with Gentle Journey admin as soon as practicable and no later than 30 days after the relevant pay period.
Disputes should be submitted via the app or by email to the admin contact, with details of the job(s) concerned, the amount expected, and the amount received.
Gentle Journey will review and respond to earnings disputes within 5 business days.
If an error is confirmed, the correction will be included in the next weekly payment cycle.
Gentle Journey reserves the right to adjust (reduce) earnings post-payment if it is subsequently determined that a job involved fraud, a material policy breach, or a significant data error. You will be notified of any such adjustment in writing.
You are encouraged to keep your own records of jobs completed for your own reference.

20. Dispute Resolution

The parties will make reasonable efforts to resolve any dispute arising from this agreement through direct discussion in the first instance. Where a dispute cannot be resolved informally, the following process applies:

Step 1 — Internal Resolution: Raise the dispute in writing with Gentle Journey admin. Gentle Journey will respond within 10 business days with a proposed resolution.
Step 2 — Mediation: If the dispute is not resolved at Step 1, either party may request mediation through a mutually agreed mediator. The cost of mediation will be shared equally unless otherwise agreed.
Step 3 — Legal Forum: If mediation does not resolve the dispute, either party may pursue resolution through the appropriate NZ legal forum, which may include:
- The NZ Disputes Tribunal (for claims up to NZ$30,000).
- The Employment Relations Authority (ERA) or Employment Court, if the nature of the dispute involves employment relationship questions.
- The District Court or High Court for contractual claims of larger value.

Nothing in this clause prevents either party from seeking urgent injunctive or interim relief from a court where necessary to protect their interests.

21. General Provisions

Entire agreement: These terms, together with any documents incorporated by reference (including the Gentle Journey Academy requirements and privacy notices), constitute the entire agreement between you and Gentle Journey and supersede all prior discussions or representations.
Severability: If any provision of these terms is found invalid or unenforceable by a court, the remaining provisions continue in full force and effect.
Waiver: Gentle Journey’s failure to enforce any provision of these terms at any time is not a waiver of the right to enforce it later.
No assignment: You may not assign, transfer, or subcontract your rights or obligations under this agreement. Gentle Journey may assign this agreement to a related entity or successor without your consent.
No third-party rights: These terms are solely between you and Gentle Journey. No third party has any rights under or in connection with this agreement.
Electronic agreement: By accepting these terms via the app, you consent to entering into this agreement electronically. An electronic acceptance has the same legal effect as a hand-written signature under NZ law.
Language: These terms are in English. In the event of any translation, the English version prevails.
Updates to this agreement: See Section 13 for how amendments are communicated and accepted.

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