Advertisers on www.conjobs.co.nz (“Site”) identified as “the Advertisers” agree to be bound by the following terms and conditions.
The Advertiser acknowledges Third Floor Ventures is providing an on-line recruitment advertising and information service (“Services”) for use in accordance with these terms. Third Floor Ventures may change the Services and any resources, equipment, infrastructure, applications or systems (including the look and feel of the site) used by it to provide the Services under this agreement. Third Floor Ventures will try to give the Advertiser as much notice of changes to specifications as is reasonably practicable.
2. Conditions of Use:
As a condition of using any Services supplied by Third Floor Ventures, Advertisers must comply with all anti-discrimination and equal opportunity legislation applicable in the State or Territory in which they conduct business. Where an exemption to comply with the legislation has been granted, the exemption number must be included in the advertisement submitted to Third Floor Ventures. Third Floor Ventures reserves the right to either reject, withdraw or remove any advertisement without notice to the Advertiser any advertisement that is or appears to Third Floor Ventures to be contrary to law. Third Floor Ventures will not accept advertisements that appear to be contrary to law.
The Advertiser agrees to pay, for the Services at the rates set by Third Floor Ventures. Third Floor Ventures may change its rates unless they are expressly fixed for a period. All amounts payable under this agreement shall be in New Zealand dollars plus GST (if any). The Advertiser will pay any GST and any other taxes, duties or levies related to the provision of the Services.
4. Overdue Payments:
The Advertiser will pay to Third Floor Ventures interest together with debt collection costs on any amount due and not paid by it by the time required by this agreement. Interest at 10% pa calculated daily will be payable on the amount outstanding from the due date until full payment. All payments must be made in full without deduction, set off or counterclaim.
5. Accuracy of posted information:
The Advertiser will ensure all information sent to Third Floor Ventures for posting on www.conjobs.co.nz is accurate and complies with all relevant legal requirements of (but not limited to) the Fair Trading Act 1986, Commerce Act 1986, Bill of Rights Act 1990, Human Rights Act 1993 as well as all anti-discrimination and equal rights legislation of NZ. All reasonable efforts will be undertaken by Third Floor Ventures to edit errors brought to Third Floor Ventures’ attention as soon as reasonably possible.
6. Acknowledgement of personal information:
The Advertiser acknowledges and agrees that as users of Third Floor Ventures (“Users”) will be transmitting sensitive personal information, the proper management of that information is critical to the success of Third Floor Ventures.
7. Information obligations:
The Advertiser will keep User information confidential and will also include a privacy statement in accordance with the Privacy Act 1993 with every job vacancy it posts to Third Floor Ventures and generally ensure it complies with the Privacy Act 1993 at all times when dealing with User’s personal information.
On lodging material with Third Floor Ventures for publication on its site, Advertisers and Users indemnify Third Floor Ventures and its officers, employees and agents against any claim, demand, injury, direct or indirect damage, loss or cost, liability, right of action or claim for compensation in contract, under statute or in tort (including negligence) made against or suffered by any of those indemnified arising, in whole or in part, as a result of:
a. the publication of the advertisement; or
b. continued availability of any particular job should the Advertiser have filled the vacancy at any time; or
c. any activity that is expressed in these terms and conditions to be the responsibility of the Advertiser or user; or
d. a breach of these terms and conditions.
9. Obligation to monitor www.conjobs.co.nz:
The Advertiser acknowledges that in respect of the communication of data and information between Advertiser and User, Third Floor Ventures’ sole responsibility is as facilitator of that communication. The Advertiser is responsible for all content and communications and indemnifies Third Floor Ventures against all claims relating to the content or communications.
Third Floor Ventures provides no warranty to Advertisers that services generally available through the Site will be uninterrupted or error free. Third Floor Ventures may interrupt the operation of all or part of www.conjobs.co.nz from time to time, to undertake any preventative or corrective maintenance or enhancement to www.conjobs.co.nz or if required by law or for such other purpose as Third Floor Ventures reasonably believes is necessary. Third Floor Ventures agrees that any disruptions to or a denial of access to its Site will be remedied as quickly as possible.
11. All other warranties excluded:
All warranties, representations and/or guarantees not contained in this agreement are excluded, including without limit any warranty of merchantability or fitness for a particular purpose.
12. Consumer Guarantees Act does not apply:
The Advertiser acknowledges it is acquiring the Services for business purposes and agrees the provisions of the Consumer Guarantees Act 1993 will not apply.
13. Exclusion of liability:
Third Floor Ventures will not be liable for any amount or to any person for:
a. Failure of Services: failure of Services to be compatible with any technology, immediate, continuous or error free;
b. User actions: incidents, loss or damage suffered by Advertiser while accessing or using Third Floor Ventures including where caused or claimed by Users or other third parties;
c. Fault of other party: any breach of this agreement to the extent that the breach is attributable to the prior default, negligence, misconduct or breach of Advertiser, its employees, or agents;
d. Indirect: any amounts for any indirect, incidental, or consequential loss or damage including loss of profits, data, savings of any party (including third parties);
e. Employment: if a candidate is not given, or does not obtain a job for any reason;
f. Beyond control: any amounts or default to the extent they are attributable to an event beyond Third Floor Ventures’ control.
14. Limited Liability:
Subject to clause 14, the total liability of Third Floor Ventures for any and all incidents relating to all breaches of this agreement, torts (including negligence), contraventions of any statute or any other action will be limited to the amounts paid for the relevant Services not provided.
15. Existing Intellectual Property:
The parties agree that any intellectual property existing at the date of this agreement that is not developed pursuant to this agreement, but which is used for the purposes of this agreement, shall remain the property of its current owner. For the avoidance of doubt, Advertiser will not obtain any rights in any templates, programs or tools provided by Third Floor Ventures to Advertiser.
16. New Intellectual Property:
Third Floor Ventures will own all intellectual property developed, commissioned or contracted for, in connection with this agreement including in the provision of the Services.
17. Licence to use Intellectual Property:
To the extent that it is necessary to use the other party’s intellectual property rights, each party grants to the other party a licence to use any intellectual property rights relating to any matter included on, or in relation to Third Floor Ventures by the granting party for the limited purpose of the other party providing and receiving the Services in accordance with this agreement.
18. Assign or Transfer of Rights:
Third Floor Ventures may, at any time, and without the need for further consent from the Advertiser, assign or transfer all or any of its rights or obligations under this agreement to any person, provided such person is of sufficient financial substance to meet Third Floor Ventures’ liabilities and obligations under this agreement. The Advertiser may not assign or transfer any of its rights or obligations under this agreement to any other person without obtaining the prior written consent of Third Floor Ventures (such consent not to be unreasonably withheld or delayed), except that the Advertiser may assign or transfer its rights and obligations under this agreement to any member of the Advertisers group/company, provided that such member of the Advertisers group/company is of sufficient financial substance to meet the Advertisers liabilities and obligations under this agreement.
Third Floor Ventures may change these terms on notice to the Advertiser. This may include placing amended terms on the www.conjobs.co.nz site.