By accessing the Website, you accept and agree to be bound by these Terms. If you don't agree with these Terms, then you shouldn't use or register with the Website.
These Terms are legally binding and it's important that you read them in full. However, there are a few particularly important pieces of information you need to know:
- The Website provides a platform for people seeking employment (Job Seekers)to connect with prospective employers as well as providing general support to people and businesses in the tourism industry. Job Seekers are required to create personal profiles (Profiles) that are then hosted on the Website and emailed to employers who have registered with us (Employers). In these Terms, a "User" refers to any person using the Website, whether a Job Seeker, Employer or otherwise.
- We may email relevant Profiles or connect users to Employers from time to time, however in no circumstances do we endorse or recommend any Job Seeker or Employer. It is the responsibility of every User to conduct their own due diligence before entering into recruitment activities or an employment arrangement.
- We are not a party to, and are not liable for the performance of, any employment contract nor do we supervise, direct or control any recruitment activities or employment relationships that may result in connection with your use of the Website.
- By registering an account with us, you represent and warrant that you are at least 16 years of age and are otherwise capable of entering into binding contracts.
If you have any questions about these Terms, the practices of the Website, or if you would like to give us feedback or notice, you can contact us at [email protected]
1. ACCOUNT REGISTRATION
1.1 Job Seekers and Employers must create an account to obtain the full benefit of the Website's features and services (Account). Your Account is personal to you and may not be accessed by any other person. You are fully responsible for all activities that occur under your Account.
1.2 You warrant that you have provided complete, accurate and current personal information such as your full legal name and email address when registering for an Account and you agree to maintain and promptly update your Account to ensure it is kept current at all times.
1.3 We will take reasonable precautions to keep your Account secure and protect it from unauthorised access, however you agree that we are entitled to rely on the authenticity and authority of your username, password and session-specific codes generated by your hardware device to process actions or requests you submit to the Website and that we may do so without further enquiry.
1.4 You agree to keep your log in details and password secure and agree not to share your password with anyone else. We will not be liable for any loss or damage if you fail to comply with this security obligation.
1.5 You acknowledge that transmissions over the internet may not always be secure. You accept the risk that any information stored or transmitted on the internet or through email may be intercepted or subject to unauthorised access or fraudulent behaviour. If you think someone is accessing your Account without your consent or if you would like to report disclosure of your Account information, please contact us at [email protected]
1.6 As a Job Seeker:
(a) you must ensure your Profile accurately and truthfully describes you, including (but not limited to) your age, qualifications, employment history and ability to lawfully work in New Zealand, and you agree to maintain and promptly update your Profile to ensure it is kept current at all times;
(b) you must not register as a user under multiple identities or personas (whether false or not);
(c) you agree and acknowledge that we may email your Profile details to Employers, however we make no guarantee that you will be approached or selected for employment, or that you will be provided a minimum number of hours work; and
(d) you agree and acknowledge that no employment, independent contractor, agency, partnership, joint venture or other service relationship is created between you and us through your use of the Website.
1.7 As an Employer:
(a) Job Seeker details (including any 'personal information' as that term is defined in the Privacy Act 1993) obtained in connection with your use of the Website, or any features or services offered on the Website, may only be used by you for your genuine employment and/or recruitment activities; and
(b) you may not pass on Job Seeker details to any third party without the express consent of the respective Job Seeker;
(c) you may only recruit for jobs that are quality in our reasonable opinion. This includes:
(i) paying the living wage as a minimum, or the commitment to working towards a living wage within 3 years of employment (for more information on the living wage, please visit https://www.livingwage.org.nz/); and(ii) ensuring you are committed to, and have suitable policies and procedures in place for, developing career paths for successful Job Seekers (and youth more generally).
We are not obliged to monitor the quality of prospective jobs, however if you have any concerns in meeting our job quality requirements, please contact us at [email protected]; and
(d) ensure Job Seekers are contacted within 3 working days of you receiving their details;
(e) should a Job Seeker not be successful after an interview, you must provide constructive feedback to that Job Seeker in the form of written or verbal feedback within 5 working days of the interview.
1.8 Complaints and disputes: Except to the extent you need to contact us to inform us of any breach of these Terms, you agree not to involve, or attempt to involve us, in any dispute or in the resolution of disputes that arise between you and another User.
1.9 If you wish to notify us of any dispute you have with us, you should contact us at [email protected]
2. HOW YOU SHOULD USE THE WEBSITE
2.1 You agree to only use the Website in a way that complies with all applicable laws and regulations, that does not infringe our rights or other users' rights, and that does not inhibit or restrict other users' enjoyment of the Website. 2.2 Without limiting clause 2.1, in particular, you agree not to:
(a) damage or harm the Website, or any underlying or connected network or system;
(b) use a harvesting bot, robot, spider, scraper, or other unauthorised automated means to access, copy, duplicate or reproduce the Website or content featured on it for any purpose; introduce any viruses, content or code to the Website that is technologically harmful; or do anything that could disable, overburden, or impair the proper working of the Website, such as a denial of service attack;
(c) use the Website to do anything unlawful, misleading, malicious, or discriminatory; or
(d) facilitate or encourage any violations of these Terms,
or attempt to do any of the above.
2.3 We are not obliged to monitor your use of the Website (including any content included in Profiles). However, we may remove, modify or decline to register any Account or Profile, if we, in our sole discretion, consider it contains information that is inappropriate or otherwise in breach these Terms.
2.4 You are responsible for all activity (including all recruitment and employment activities) resulting from your use of the Website. You indemnify us, and will keep us indemnified, against all forms of liability, action, proceeding, demand, cost, change and expense which we may incur, be subject to or suffer as a result of your use of the Website.
2.5 Without limiting any other rights and remedies available to us, if we believe you have breached or are in breach of these Terms, we may:
(a) limit your activities on the Website;
(b) warn other Users of your actions;
(c) issue a warning to you;
(d) suspend or cancel your Account or your access to the Website;
(e) co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity of or to locate anyone posting any content in breach of these Terms; and/or
(f) disclose your identity and any other information we hold about you to any law enforcement authority if we believe this would assist to prevent the commission of any crime against a person or persons.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 We (and our licensors or suppliers, as the case may be) own all intellectual property rights existing in the Website, including all of the content of the Website (such as text, graphics, logos, icons and sound recordings), all software code underlying and forming part of the Website and any improvements, enhancements, modifications or adaptions to the Website.
3.2 Unless you have received our prior written permission, you agree not to, and will not permit or encourage any third party to:
(a) adapt, reproduce, modify, reverse-engineer, decompile, distribute, print, display, perform, publish or create adaptations from any part of the Website; or
(b) commercialise, copy or on-sell any information or materials obtained from any part of the Website.
3.3 You may view, save, copy and print any part of the Website (including the content of the Website) for your personal use only. You must obtain written permission from us to otherwise use, copy, modify, or distribute any part of the Website (including the content of the Website) in any way. If you wish to use any third party material identified as such on the Website you must obtain the prior consent of the relevant owner. This includes the content of Job Seekers' Profiles and the content of any websites you access via links from the Website. If you would like permission to use any part of the Website (other than saving, copying and printing any part of the Website for personal use), please contact us at [email protected]. You may not publish or use the Website's brand, branding or logos without our prior written permission.
3.5 In respect of Job Seekers, you warrant that any content you upload to your Profile does not contain anything which breaches any obligations of confidentiality, privacy or proprietary rights of any third party and that you hold or are otherwise licensed to use any intellectual property rights in such content.
3.6 Feedback: We welcome your feedback and ideas on how to improve the Website. If you choose to submit your ideas, you agree that we are free to use them and that you will not have rights to any intellectual property that may be generated as a result.
3.7 Third-party links: the Website may enable you to access other applications and websites. Even though these applications and websites are accessible through the Website, they are not owned and controlled by us (and these Terms will not apply to your use of them). Any links to third party websites are provided for convenience only, and the inclusion of any link does not imply that we endorse or verify such websites. Accordingly, we are not responsible or liable for any loss or damage incurred by you as a result of your access to those applications and websites.
4.1 Website: The Website is provided on an "as is" and "as available" basis and use of it is at your sole risk. To the maximum extent permitted by law we disclaim and exclude all implied conditions and warranties. To avoid doubt, we do not warrant that:
(a) the Website will meet your specific requirements;
(b) the Website will be uninterrupted, timely, secure, or error free;
(c) the results that may be obtained from the use of the Website will be accurate or reliable;
(d) the quality of any products, services, information or other material obtained by you through the Website will meet your expectations; or
(e) any errors in the Website will be corrected.
4.2 Users: We do not have control over the quality, timeliness, lawfulness, provision, integrity or any other aspect of any Profiles, Job Seekers or Employers. We make no representations or guarantees, and to the maximum extent permitted by law hereby disclaim all responsibility and liability for the reliability, quality, timeliness or accuracy of any Profiles; representations or statements given by Job Seekers or Employers; any services performed by Job Seekers (including that they will be performed with reasonable skill and care, or will be fit for a particular purpose); personal or bodily injury or death; or damage, loss or theft of property; in each case whether in online or offline interactions.
5.1 You can cancel your Account at any time by following links on our Website or by emailing us at [email protected]
5.2 We reserve the right to decline to register, suspend, or cancel your Account and your use of the Website if we consider (in our absolute discretion) that you have breached any of these Terms. If you have registered under multiple aliases, all of these aliases will be disabled. If we suspend or cancel your account, you must not create another one without our prior approval.
5.3 All of your data and content may be deleted from our systems immediately upon cancellation of your Account. This content cannot be recovered once your Account is cancelled. We are not liable for any loss or damage following, or as a result of, the cancellation of your Account, and it is your responsibility to ensure that any content or data which you require is backed-up or replicated before cancellation.
6. LIMITATION OF LIABILITY
6.1 We will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from the use of, or the inability to use, the Website.
6.2 We may use third party suppliers to provide necessary hardware, software, networking, connectivity, storage and related technology required to provide the Website. The acts and omissions of those third party suppliers may be outside of our control, and we do not accept any liability for any loss or damage suffered as a result of any act or omission of any third party supplier.
6.3 In any event, you agree that our total liability under these Terms or in connection with the Website will not exceed NZ$100 in any circumstances.
6.4 The above limitations apply to the extent permitted by law (for example, where you are a job seeker, nothing in the above limits any rights you may have under the Consumer Guarantees Act 1993).
7. GENERAL PROVISIONS
7.1 We can amend these Terms at any time. Amendments to the Terms will be effective immediately when posted on the Website. You are responsible for ensuring you are familiar with the latest Terms. By continuing to use the Website, you agree to be bound by the Terms as amended (whether or not you have received any amendments). You can always find the current version of the Terms here (www.gowithtourism.co.nz/terms-and-conditions).
7.2 From time to time, we may issue an update to the Website which may add, modify and/or remove features. We will endeavour to let you know about these changes in advance, but these updates may be pushed out automatically with little or no notice.
7.3 These Terms are governed by New Zealand law, and you submit to the exclusive jurisdiction of the New Zealand courts for any matter or dispute arising in relation to these Terms.
7.5 If any provision of these Terms is found by a court or other competent authority to be invalid, unenforceable or in conflict with the law, that provision is limited or eliminated to the minimum extent so that these Terms otherwise remain in full effect.
7.6 If we do not exercise or enforce any right available to us under these Terms, it does not constitute a waiver of those rights.
7.7 The headings used throughout these Terms are provided for your convenience and do not affect the meaning of these Terms