- Application of terms: These terms and conditions (including the additional terms and conditions or policies referenced in these terms) (“terms”) apply to the provision of services to you by QJumpers NZ Limited trading as QJumpers (“we”, “us” and “our”). Depending on the services plan you choose, other terms may also govern your relationship with us in conjunction with these terms. By accessing the QJumpers website or using the services provided by us you agree to be bound by these terms. We may amend, supplement or replace these terms from time to time. It is your responsibility to periodically review these terms on our website for any changes. In these terms “services” means all services supplied by us, including the posting of information and job advertisements (“content”) on the QJumpers website (www.qjumpers.co.nz) (“website”) and any additional HR or recruitment services provided by QJumpers.
- Provision of services: You agree to pay for the services that we agree to provide to you regardless of whether you utilise or fully utilise those services. We may decline to provide or we may cease to provide, services to you if we determine in our opinion that you are in breach of, or unable to comply with, any of these terms.
- Fees:The fees for services are the fees set out on our website, in our Service Level Agreement or in our quote. We may change our fees from time to time without notice. Where fees are quoted as exclusive of GST you must pay GST in addition to the fee.
- Payment:All amounts owing by you must be paid to us in full within 20 days of the date of invoice unless otherwise agreed in writing. We may refuse you access to our website and services without notice if you do not pay our invoices in accordance with these terms. We may charge you interest on late payments at 2% per month plus any costs we incur as a result of collecting your payment. We may require you to pay for our services in advance.
- Provision of credit: You consent to the information you provide to us being used for the purpose of checking references and / or credit reporting prior to and during our provision of services to you on credit. We may also obtain and share credit information about you with debt collectors or credit reporters for the purpose of collecting overdue payments.
- Provide information: You are responsible for ensuring that the information that you provide to us (including contact details and payment/credit card details) are complete and accurate so that we can process and deliver the services and contact you as necessary.
- Use of our services: You agree that you will:
7.1. Use the website only in respect of genuine employment opportunities that you are recruiting for at the time of posting of the content on the website.
7.2. Make every effort to avoid errors in the content you post on the website.
7.3. Use the website and information provided through the website to communicate with candidates only about the specific vacancy to which the candidate has applied. You will not use any feature of the website or information provided through the website to send unsolicited commercial emails.
7.4. Not use the website or any features of the website for any illegal purpose or to upload, download, transact, store or make available data that is unlawful, harassing, threatening, harmful, tortious, defamatory, libellous, abusive, violent, obscene, invasive of another’s privacy, racially or ethnically offensive or otherwise in our opinion objectionable or damaging to us, the website users or persons generally.
7.5. Take reasonable care to protect against unauthorised use of your login name and password for the website and you indemnify us for any and all costs and claims arising out of unauthorised use of your login name and password for the website arising from your failure to protect your login name and password.
7.6. Rely on your own judgement and documentation when finalising employment arrangements with any candidates you have been introduced to through our services and, although we may provide services that include the vetting of job candidates and their representations, you will not hold us responsible for misrepresentations by job applicants and those parties providing verification of candidates’ particulars.
7.7. Ensure that you have obtained professional/legal advice in respect of any employment agreements you use, including appropriate professional/legal advice on any clauses or documents we may provide to you in the course of providing the services.
7.8. In consideration for our supply of services to you, indemnify us and keep us indemnified against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by us in connection with your use or misuse of our website or services.
- Compliance: You warrant and agree that:
8.1. Content posted by you on the website is compliant with all applicable legislation, regulations and by-laws and will not breach the intellectual property rights of any third party.
8.2. All files you deliver or link to us or the website will be free of infection or viruses.
8.3. You comply with the Human Rights Act 1993 (NZ) and the New Zealand Bill of Rights Act 1990 and all equivalent anti-discrimination and equal opportunity legislation which is applicable in the countries where you conduct your business.
8.4. You have the legal capacity and power to agree to be bound by these terms and to perform your obligations under them.
8.5. You comply with the Privacy Act 1993 (or any subsequent legislation that is its substitute), will only use the personal information you collect through our website or services for the purposes of recruitment, and will not disclose any personal information you collect regarding a candidate to any third party without the candidate’s consent. Where you instruct us to provide any personal information in respect of a candidate to a third party as part of our services, you will obtain the candidate’s consent required for that transfer of information.
- Website content: We will endeavour to display as accurately as possible the content posted by you to appear on our website and we may review your content from time to time. We accept no responsibility or liability for any content you post on the website or provide to us. We may withdraw without notice to you any content posted by you for any reason including, without limitation, content that in our sole opinion may be in breach of these terms or any law or regulation.
- Website links: We are not responsible for the contents (including the accuracy, legality or decency) or copyright compliance of any site that is linked to the website or contained in the linked site. The inclusion of any link on our website does not imply our endorsement of that linked site. We will not be liable to you for any damages or loss arising in any way out of or in connection with or incidental to any information or third-party service provided by any third party
- Maintenance of services: We:
11.1. May prohibit or restrict your access to the website for any technical or security reason without prior notice to you. We will notify you as soon as practicable of any restriction to your access rights.
11.2. May alter or update the appearance and/or functionality of our website and the services we provide at our discretion.
11.3. Subject to maintenance requirements from time to time, will use reasonable endeavours to ensure that the website and your selected services are available to you at all times.
11.4. Do not warrant that our services will be uninterrupted and error free and will not be liable in any way to you for any loss or damage, however it arises, out of or in connection with your access and use of the website.
- Agents or Third Party Providers: If you have engaged an agent or a third party provider to obtain services from us on your behalf, you will be held liable for any breach of these terms by that third party provider as though the breach was by you.
- Business customers: You acknowledge that the services are being supplied and acquired in trade and you agree to contract out of the provisions of the Consumer Guarantees Act 1993 so that it does not apply. Further, you agree that we give only the warranty set out in clause 11.3. To the maximum permitted by law all warranties implied by customary practice, statute or at law are excluded.
- Liability: Subject to clause 13, our liability for any cost, loss, damage or claim arising directly or indirectly in relation to any services supplied by us, whether arising from contract, tort (including negligence) or otherwise, will be limited to (at our option): (a) supply the services (or the equivalent services) again; (b) payment of the cost of having the services supplied again; or (c) providing you with a refund of the price paid for the affected services. We are not responsible for any defect in services or damage that results wholly or partly from: (a) the act or omission of you or any third party (including misuse or incorrect use of the services); (b) steps being taken to remedy an alleged problem/defect without our written consent; or (c) a cause beyond our reasonable control. Subject to clause 13, we are not responsible in any circumstances for any indirect, consequential or special loss, loss of profits or economic loss.
- Intellectual property: You must not reproduce or duplicate any portion of our website, without our express written permission, other than as part of your recruitment process using the website. All intellectual property rights, including but not limited to, trade names and trade marks, designs and copyright in, or relating to, the services, the QJumpers brand, and our website, belong to and remain vested in us.
- Miscellaneous: No delay or failure by us to act or insist on any right will be regarded as a waiver and every right remains enforceable and may be exercised by us at any time. If any provision in these terms is held to be unlawful, void or unenforceable, that provision will be severed from these terms and this will not affect the validity and enforceability of the remaining provisions.
- Governing law: These terms are governed by, and will be construed in accordance with, New Zealand law.