Trade Jobs NZ
Terms and Conditions
Effective August 16, 2021.
Kia Ora, and thank you for your interest in Trade Jobs NZ (“TJNZ,” “we,” or “us”), our website at www.tradejobsnz.co.nz (“Site”) and the products and services available on our Site (collectively, the “Service”). These Terms of Service are a legally binding contract between you and TJNZ regarding your use of the Service. As used herein, “you” or “your” means any entity, organisation, or company accessing or using the Service as well as any individual end user accessing and using the Service, as applicable and hereby agreeing to these Terms.
These Terms also apply to Site Advertiser Terms and Conditions and Product Terms
(together, these “Terms”). If you do not agree to the Terms, then you do not have our permission to use the Service. Your use of the Service, and TJNZ’s provision of the Service to you, constitutes an agreement by TJNZ and by you to be bound by these Terms.
1. Accounts and Registration.
To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, phone number, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times, and that you have all necessary rights and approvals to provide such information. When you register, you will be asked to provide a password. You are responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at email@example.com.
2. Fees and Pricing for Trade Employers.
2.1. Fees. Certain features of the Service may require you to pay fees. Before you pay any fees, you will have the opportunity to review and accept the fees that you will be charged. All fees are in NZ Dollars. Fees, if applicable, are detailed in our Product Terms
2.2. Price. TJNZ reserves the right to determine pricing for the Service. TJNZ will make reasonable efforts to keep pricing information published on the Site up to date. We encourage you to check our Site periodically for current pricing information. TJNZ may change the fees for any feature of the Service, including additional fees or charges, if TJNZ gives you advance notice of changes before they apply. TJNZ, at its sole discretion, may make promotional offers with different features and different pricing to any of TJNZ’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
3. Ownership and Proprietary Rights.
The Service is owned and operated by TJNZ. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials'') provided by TJNZ are protected by intellectual property and other laws. All Materials included in the Service are the property of TJNZ or its third party licensors. Except as expressly authorised by TJNZ, you may not make use of the Materials. TJNZ reserves all rights to the Materials not granted expressly in these Terms.
4. Third Party Terms.
Third Party Services and Linked Websites. TJNZ may provide tools through the Service that enable you to export information, including User Content, as defined below, to third party services, including through features that may allow you to link your account on TJNZ with an account on the third-party service, such as Instagram or Facebook. By using one of these tools, you agree that TJNZ may transfer that information to the applicable third-party service. Third party services are not under TJNZ’s control, and, to the fullest extent permitted by law, TJNZ is not responsible for any third-party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under TJNZ’s control, and TJNZ is not responsible for their content.
5. User Content.
5.1. User Content Generally. Certain features of the Service may permit users to upload content to the Service (including by syncing your account with Third Party Accounts as further described below), including data, text, photographs, and other types of works (“User Content”), and to otherwise publish User Content on the Service. To the extent you desire to use the Service in connection with materials or information located on your Zoom, Dropbox, or other third-party accounts (collectively, “Third Party Accounts''), you hereby grant TJNZ permission to access the Third Party Accounts in connection with TJNZ’s provision of the Service. As between you and TJNZ, you retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.
5.2. Limited Licence Grant to TJNZ. Customer retains all ownership rights to the User Content processed using the service. You grant TJNZ a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, and distribute your User Content strictly as instructed by you, in whole or in part, in any media formats and through any media channels now known or hereafter developed in a manner that is under your control. You may delete User Content from your account at any time. Once User Content has been permanently deleted from your user account either by direct action by you or on expiration of any specified retention period, no record of the User Content is retained and the User Content cannot be recreated by the Service.
5.3. Licence Grant to Users. By providing User Content to or via the Service to other users of the Service, you grant those users a non-exclusive license to access, use, modify, and distribute that User Content as permitted by these Terms and the functionality of the Service.
5.4. Access to User Content and Results. TJNZ may permit you to share certain User Content with other users of the Service, share User Content outside of the Service, or even make certain User Content public for all (even non-Service users) to view. You acknowledge and agree that, although TJNZ may provide certain features intended to allow you to restrict access of some User Content you create from others, TJNZ does not guarantee that such User Content will never be accessible by others. To the fullest extent permitted by law, TJNZ is not responsible for the use of any User Content by users or non-users of the Service or any third parties.
5.6. User Content Representations and Warranties. TJNZ disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:
a. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorise TJNZ and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by TJNZ, the Service, and these Terms;
b. your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause TJNZ to violate any law or regulation; and
c. your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
5.7. User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. TJNZ may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against TJNZ with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, TJNZ does not permit copyright-infringing activities on the Service.
5.8. Monitoring Content. TJNZ does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. TJNZ is not responsible for the use of any User Content by users or any third parties. You acknowledge and agree that TJNZ reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time TJNZ chooses to monitor the content, TJNZ still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content.
5.9. Machine Learning. TJNZ shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Service and related systems and technologies (“Usage Data”). The Service may be implemented using machine learning systems with features and implementations designed to generate statistics, calibrate data models, and improve algorithms in the course of processing User Content and Usage Data (“Machine Learning”). Nothing in these Terms prohibits TJNZ from using such Machine Learning for testing, tuning, optimising, validating, or otherwise enhancing the analytics, models, or algorithms underlying the Service. Nothing in these Terms gives you any rights in or to any part of the Service or the Machine Learning generated by TJNZ or the Machine Learning generated in the course of providing the Service.
6.1. Text Messaging. TJNZ and those acting on our behalf may send you text (SMS) messages at the phone number you provide us. These messages may be used for two factor authentication.. Standard data and message rates may apply whenever you send or receive such messages, as specified by your carrier and TJNZ is not responsible for these charges.
6.2. Email. We may send you emails in the course of delivering the Services and for other operational purposes. We may also send emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
7. Prohibited Conduct.
By using the Service you agree not to:
a. use the Service for any illegal purpose or in violation of any national or International law;
b. use the Service or any portion thereof for the direct or indirect benefit of any third parties;
c. uses the Service in connection with any direct or indirect commercial purposes, including in connection with any paid transcription workflow or as a value-added component of a commercial product or service;
d. harass, threaten, demean, embarrass, or otherwise harm any other user of the Service;
e. violate, or encourage others to violate, any right of a third party (including by act or omission), including by infringing or misappropriating any third party intellectual property or proprietary right;
f. interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
g. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
h. use data mining, robots, screen scraping, or similar automated data gathering, extraction or publication tools in respect of the Services (including without limitation for the purposes of establishing, maintaining, advancing or reproducing information contained on our Site on your own website or in any other publication), except with our prior written consent.
i. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
j. sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 3) or any right or ability to view, access, or use any Materials; or
k. attempt to do any of the acts described in this Section 7 or assist or permit any person in engaging in any of the acts described in this Section 7.
8. Modification of these Terms.
We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 8, these Terms may be amended only by a written agreement signed by authorised representatives of the parties to these Terms.
To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify TJNZ and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “TJNZ Entities'') from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable lawyers’ fees and costs, arising out of or connected with: (a) your unauthorised use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defence of those claims.
10. Disclaimers; No Warranties.
10.1. The Service is provided “as is'' and on an “as available” basis. TJNZ disclaims all warranties of any kind, whether express or implied, relating to the Service including: (a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and (b) any warranty arising out of course of dealing, usage, or trade. TJNZ does not warrant that the Service or any portion of the Service (or your access thereto), or any data, materials or content offered through or processed by the Service, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and TJNZ does not warrant that any of those issues will be corrected. TJNZ is not responsible for the failure to store or maintain any user data, content or transcriptions, user communications, account information, or personal settings. TJNZ makes no warranty about the completeness or accuracy of the transcription.
10.2. No advice or information, whether oral or written, obtained by you from the Service or TJNZ entities or any materials or content available through the Service will create any warranty regarding any of the TJNZ entities or the Service that is not expressly stated in these Terms. We are not responsible for any damage that may result from the Service and your dealing with any other service user. You understand and agree that you use any portion of the Service at your own discretion and risk, and that we are not responsible for any damage to your property (including your computer system or mobile device used in connection with the Service) or any loss of, use or disclosure of data, including User Content.
10.3. The limitations, exclusions and disclaimers in this section apply to the fullest extent permitted by law. TJNZ does not disclaim any warranty or other right that TJNZ is prohibited from disclaiming under applicable law.
11. Limitation of Liability.
11.1. To the fullest extent permitted by law, in no event will the TJNZ entities be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the Service or any materials or content on the Service, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not any TJNZ entity has been informed of the possibility of damage.
11.2. To the fullest extent permitted by law, the aggregate liability of the TJNZ entities to you for all claims arising out of or relating to the use of or any inability to use any portion of the Service or otherwise under these Terms, whether in contract, tort, or otherwise, is limited to the greater of: (a) the amount you have paid to TJNZ for access to and use of the Service in the 12 months prior to the event or circumstance giving rise to claim; or (b) $100.
11.3. Each provision of these Terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties under these Terms. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these Terms. The limitations in this section 11 will apply even if any limited remedy fails of its essential purpose.
12.2. Use of Aggregated Data. You acknowledge and agree that TJNZ may collect, create, process, transmit, store, use, and disclose aggregated and/or deidentified data derived from Data or use of the Services (“Aggregated Data”) for its business purposes, including for machine learning and training, industry analysis, benchmarking, and analytics. All Aggregated Data will be in an aggregated and/or deidentified form only and will not identify you. Nothing in these Terms gives you any rights in or to any part of the Service or Aggregated Data.
12.3 Compliance. You are solely responsible (a) for Data as entered into, supplied, accessed, or used by you and (b) for complying with any privacy and data protection laws and regulations applicable to Data or your use of the Service. You represent and warrant that you have obtained and will maintain all rights, consents, and authorisations required to grant TJNZ the rights and licenses set forth in Section 5 and to enable TJNZ to exercise its rights under the same without violation or infringement of the rights of any third party.
12.6 Information Security. TJNZ will employ commercially reasonable security measures that are designed to protect Data in its possession or control against unlawful or unauthorised access, use, alteration, or disclosure.
13.2. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent.
13.3. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself.
13.4. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision.
13.5. Throughout these Terms the use of the word “including” means “including but not limited to”.
13.6. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
13.7. These Terms are governed by the laws of New Zealand. Advertisers irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of New Zealand.
13.8. Your use of the Service is subject to all additional Terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
13.10. The Service is offered by TJNZ located at 72 Taharoto Road, Takapuna, Auckland 0622 You may contact us by sending correspondence to that address or by emailing us at firstname.lastname@example.org.
Product Features and Applicable Terms
A. TJNZ Advertisement Types and Advertisement Product Terms
1. Standard Ads
A Standard Ad is TJNZ’s basic job advertisement. A Standard Ad entitles you to a dvertise your Ad on the TJNZ Site for a 30-day period with the structure of the Job Ad allowing the following data fields:
- Job title
- Tagline (three highlighted selling lines in the Ad post)
- Job category
- Pay and pay scale Salary/ Hourly rate
- Job description
- Education, training, and licenses required
- Three screening questions
- Your company logo, if supplied
A Standard Ad gives you access to the Site via the Employer Portal which includes a dashboard enabling applicant tracking and applicant management.
When a Standard Ad placed by you is included within a Tradie candidates’ search results, the relevant role title for the Ad and a brief description of the position you are advertising is displayed to candidates; and
when your Ad is selected by a Tradie candidate from TJNZ’s search results, the full contents of the job ad will be displayed to the Tradie candidate.
2. Featured Ads
A Featured Ad listing entitles you to all features of a Standard Ad listing plus the following functionality:
- Priority listing in your job category
- A highlight border around the Ad summary when it appears in a search result (defined as a “Featured Listing”)
- Inclusion in weekly ‘ConnectMe’ EDM sent to TJNZ registered Tradie candidates in your Job category
- From time-to-time TJNZ may repost or share your Ad on the websites of its media partners and social pages to increase your Ad’s exposure
3. Product terms applicable to Advertisements:
(a) TJNZ reserves the right to withhold publication of any logo in a Job Ad where TJNZ reasonably believes that the creative design is not a logo or is otherwise not appropriate for posting on the Site.
(b) All logos must comply with TJNZ advertising specifications, which will be provided on request.
(c) All Job Ads posted on the TJNZ Site remain posted for 30 days (unless removed earlier) and can be edited by you free of charge.
(d) The 30-day posting period starts on payment of invoice.
(e) Jobs are only posted live on the Site when payment has been received.
(f) You are obliged to pay the full invoice value for each Job Ad, even if you request the withdrawal of your Job Ad at any time during the posting period (whether before or after it appears on the Site).
B. TJNZ Subscription Types and Subscription Product Terms
A purchase of a monthly subscription will enable you to unlock the full range of products and services TJNZ can offer its member customers.
Subscriptions are payable monthly in advance and are available at two levels:
Employer Subscription and Premium Subscription.
A subscription plan does not commit you to purchasing a minimum number of Ads each month over the term of the subscription
Subscription Add Ons
A subscription provides subscribers with the ability to add the following features to their individual Job Ads:
- Targeted Facebook Ad (served specifically to your target audience)
- Targeted Digital Banner (on sites such as the NZ Herald and OneRoof)
- Regional Radio Campaign (your Ad on the radio stations where your
- target audience listen most)
- National Radio Campaign (your Ad on the radio stations where your
- target audience listen most)
An employer subscription is the entry level subscription and entitles you to have a company page and profile on the Site and entitles you as the advertiser to:
- 20% off standard and featured job ads
- Unlock Add Ons and Bulk Buy Job Ad Bundles (as separately detailed)
- Unlock the ability to promote your jobs and your company via TJNZ wide reaching advertising and media partners at affordable pricing
- Employer Log-in
- Build an employer profile which includes your company logo, a header image address, phone number, links to your social channels, your current job listings, a link to your own website, testimonials and more.
- SEO optimisation enabling your employer profile to be optimised for search, which acts as a strong foundation to increase your digital footprint
- Company feature on Trade Job NZ social channels
- Chance to be featured in our weekly EDMs
- Unlock bulk buy job ad bundles
- Direct link from your job listing to company profile.
- All job listings found on your company profile for easy access
A premium subscription includes everything in an Employer subscription plus the following:
- 30% off standard and featured job ads
- Unlock Add Ons* and Advertising campaigns for your job listing
- Your brand included in our awareness advertising with our media partners
- TJNZ customised recruitment and advertising campaigns
- Inclusion in TJNZ’s quarterly national and regional advertising campaigns with our media partners
- Invites to industry specific campaigns and events
Product terms applicable to subscriptions
(a) A subscription may be purchased for a minimum period of 6 months and up to 12 months (Subscription Term).
(b) Subscription fees are priced on a monthly basis and are payable monthly in advance.
(c) Subscription fees are fixed for the Subscription Term.
(d) Subscriptions are non-cancellable during the Subscription Term.
(e) Subscription fees are payable whether you use the features of your subscription or not.
(f) Subscription may be renewed at the end of the Subscription Term on the subscription terms then applicable at the date of the renewal.
Product terms applicable to Bulk Buy Job Ad Bundles
(a) A Bulk Buy Job Bundle (Bundle) is an advance purchase of an agreed number of individual Advertisements being not less than three and not exceeding 100.
(b) You can purchase more than one bundle.
(c) Ads included in a bundle will be at a percentage discount off your applicable Standard or Featured Ad price current at the time of your purchase of a Bundle.
(d) The percentage discount applicable to a Bundle will be determined on the number of Ad’s included in the Bundle.
(e) Payment for a Bundle is non-refundable whether the Job Ads are placed or not.
(f) Bundles are valid for 6 months from the date you post the first Ad from the Bundle.
(g) Any non-posted Ad’s remaining in a Bundle at the expiry of a Bundle are not, unless otherwise agreed, available to be posted at the Bundle price with the price for any further ads posted on the Site post expiry of the Bundle to be determined on the basis of TJNZ’s then applicable advertising rates or the discounted rate for your relevant subscription
C. Additional Terms
(a) The above terms and conditions (“Product Terms) apply to all advertisements placed on the TJNZ website and all subscribers to TJNZ’s subscription products (“TJNZ” and “Site” respectively).
(b) These Product Terms are to be read in conjunction with the Site Advertisers Terms and Conditions which apply in addition to these Product Terms.
(c) Placing an advertisement on the Site or buying a subscription is your acceptance of these Product Terms.
(d) These Product Terms may be varied by us ay anytime upon notice of such variation being placed on the Site. Any variation of these Product Terms will not impact the terms of an advertisement or the terms of a subscription current on the site as at the date of the notice of variation.
Site Advertisers Terms and Conditions
Site in these terms means www.tradejobsnz.co.nz.
The Site is owned and operated by TJNZ Limited (referred to in these terms as “TJNZ”, “we”, “us” and “our”).
These terms and conditions (“Terms”) govern all employer advertisers (referred to in these Terms as “Advertisers”, “you” and “your”) that:
have registered on the Site and have set up an account;
have accessed the employer portal on the Site (“Employer Portal”);
have placed via their Employer Portal an advertisement;
have had Tradie candidates submit applications in respect of the position advertised with these being sent electronically to the employer dashboard for the Advertiser’s review and selection;
have utilised any features of the Site or TJNZ services and products offered through the Site; and
• have utilised any features of any TJNZ APIs (as detailed below) directly or via an authorised third-party provider (“Partner”).
Your access to and use of the information, materials and services provided on the Site is conditional upon your acceptance and compliance with the Terms.
Your initial use and continued use of the Site will be deemed as acceptance of these Terms by you.
Your acceptance of these Terms forms an agreement between us on the basis of the Terms.
Depending on what level of service you choose, there may be other terms that govern your relationship with TJNZ in conjunction with these Terms.
These Terms are to be read in conjunction with, and incorporate, the Product Terms as they apply to the products you have purchased and/or accessed from TJNZ.
1. Variation of Terms
(a) TJNZ may vary these Terms at any time. If TJNZ varies these Terms, it will provide notice by publishing the varied Terms on the Site.
(b) You accept that by doing this, TJNZ has provided you with sufficient notice of the variation to its Terms. You will be notified of any material changes to the Terms which may be reasonably detrimental to you, 5 days prior to them taking effect.
2. Intellectual Property Rights
TJNZ retains all intellectual property rights subsisting in any of the products and services provided to you by TJNZ.
3. Limitation of Liability and Disclaimer
(a) TJNZ provides no warranty to you that services generally available through the Site will be uninterrupted or error free. Except where we are unable to exclude our liability by legislation, we, our officers, employees, agents and contractors will not be liable in any way to you or anyone else for any loss or damage, however it arises (whether in contract, tort including negligence, or otherwise) out of or in connection with your access and use of the Site.
(b) In the case of products or services supplied or offered via the Site, liability for breach of an implied term which cannot be excluded by legislation, is limited at our option to either, the supply of the products or services (or the equivalent products or services) again or the payment of the cost of having the products or services supplied again.
Our limitation of liability under these Terms applies to direct, indirect, consequential, special, punitive or other damages that you or others may suffer, as well as damages for loss of profit, business interruption or the loss of data or information, even if we are informed of their possibility.
(c) TJNZ accepts no responsibility or liability for any errors in your advertisements and you must check your advertisements for errors as soon as they are placed on the Site.
(d) Unless agreed otherwise in any applicable Product Terms, TJNZ agrees to use reasonable efforts to publish advertisements in the shortest possible time.
(e) TJNZ cannot and does not guarantee or warrant to the you that files available for downloading through the Site or delivered via electronic mail through the Site, or features and products available through the Site, will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
(f) TJNZ acts as a medium to enable Advertisers to connect with a pool of Tradie candidates who have registered on the Site and who have uploaded their individual Tradie profile and who are interested in seeking new job opportunities. TJNZ does not vet, nor is it responsible for vetting, Tradie candidates or the representations made by them whether oral or in writing - including those representations appearing in Tradie candidates’ Tradie profiles.
(a) You must ensure that all advertisements posted to the Site via the Employer Portal must comply with all applicable including but not limited to the:
(i) Fair Trading Act 1986 (including but not limited to Section 12 of the Fair Trading Act which prohibits misleading and deceptive conduct in relation to employment).
(ii) Privacy Act 2020 including the Information Privacy Principles;
(iii) Human Rights Act 1993.
(b) You may only post advertisements to the Site that are in respect of a genuine, paid employment or contracting opportunity that are current as at the time of uploading the advertisement, and for which you are currently looking to fill. TJNZ reserves the right to request any information from you that it deems necessary to verify that a genuine, paid employment or contracting opportunity exists.
(d) You must ensure that advertisements posted to the Site are posted to the appropriate category of the Site.
(e) Advertisers acknowledge and agree that they must only advertise one job role per job advertisement posted on to the TJNZ Site. Where Advertisers have breached this obligation and have advertised multiple job roles in the one job advertisement, TJNZ reserves the right to charge the Advertiser for the number of job roles advertised in the one job advertisement posted on to the TJNZ Site in accordance with TJNZ’s pricing structure current at such time.
(f) Advertisers must ensure that all information entered into any data entry field, as part of the advertisement classification process, relates directly to the relevant data field category. TJNZ reserves the right to amend, alter or remove any information that does not meet this requirement.
(g) TJNZ reserves the right and Advertisers must accept as a condition of advertising on the Site, TJNZ’s right to re-classify advertisements posted to the Site, entitling TJNZ to withdraw advertisements from one category of its Site and to re-publish advertisements in another category on the Site.
(h) Job advertisements are valid for 30 days, although you can choose to expire the advertisement earlier.
(i) The following actions constitute a new/additional job advertisement:
(i) copying a job advertisement.
(ii) reposting an archived or deleted job advertisement.
(iii) extending a job advertisement (“Extending”) which adds 30 days to the life of the advertisement.
(iv) refreshing any advertisement. Refreshing is the process of deleting and re-posting the same or substantially similar job advertisement; and
(v) posting advertisements on TJNZ via a bulk data import process or changing a job advertisement reference number. If you are using a bulk data import process, you must ensure that you understand the effect bulk data importing may have on Extending advertisements as TJNZ will count all new/additional job advertisements against your account and will invoice you accordingly.
(j) Changes to job advertisement body copy and advertisement title or location, work type, classification and sub-classification categories do not constitute a new job advertisement, regardless of the method used to post the advertisement.
5. Your Obligations
(a) You warrant and agree that:
(i) you have the legal capacity and power to agree to be bound by these Terms and perform the obligations under them.
(ii) advertisements and other works posted on the Site do not breach the intellectual property rights of any third party.
(iii) all files delivered to TJNZ will be free of infection or viruses.
(iv) you will not use the Site for any illegal purpose;
(v) you will not use the Site or any features of the Site or products offered on the Site 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 TJNZ, the Site users or persons generally, and you may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Site including code and software;
(vi) if you utilise any of TJNZ’s APIs, either directly or via Partner,
(1) that Partner’s access to the Site or a TJNZ API has been notified to, and approved by, TJNZ;
(2) TJNZ will continue to allow access to that Partner until such time as you provide us with a written request to revoke this access;
(3) that Partner is authorised to act on your behalf;
(4) any system utilised by you or that Partner will comply with the data security obligations contained the TJNZ API Terms ; and
(5) a breach of these Terms (including the Product Terms or, TJNZ API Terms) by that Partner will be deemed to be a breach of the relevant Terms by you and TJNZ will have the right to take action against you on account of that breach (regardless of whether or not you had specific knowledge of the relevant breach); and
(b) if applicable you have complied with your Password obligation under the Access provisions these Terms.
(c) You may not assign or transfer any rights pursuant to these Terms to any other person or entity without TJNZ’s prior written approval (which will not be unreasonably withheld).
(d) You indemnify and will keep indemnified TJNZ, its officers, employees and agents against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by TJNZ in connection with:
(i) any breach of these Terms or the Product Terms or TJNZ API Terms by you.
(ii) any negligent act or omission by you;
(iii) the listing or proposed listing of any advertisement by you on the Site; or
(iv) an actual breach by you of any law, legislation, regulations, by-laws, ordinances or codes of conduct which occurs as a consequence of your advertisement appearing on the Site.
(e) You agree at all times to deal with any information or products provided by TJNZ or accessed from the Site in a manner which abides by all applicable laws of New Zealand, or of any other relevant jurisdiction (including, without limitation, privacy and copyright laws).
(f) Except as otherwise permitted under these Terms, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Site including code and software.
(g) You may not use data mining, robots, screen scraping, or similar automated data gathering, extraction or publication tools on this Site (including without limitation for the purposes of establishing, maintaining, advancing or reproducing information contained on our Site on another website or in any other publication), without TJNZ’s prior written approval.
(h) You may not use the Site to post any pyramid scheme or multi-level marketing scheme (however described) on the Site.
(i) You may not ask or require any Tradie candidate to pay a fee, charge, cost or any money whatsoever in connection with the hiring process for any job advertised on the Site (including to apply) whether such fee, charge, cost or money is asked or required of the Tradie candidate in the job advertisement itself or in any communication with the Tradie candidate that takes place as a result of a job advertisement placed on the Site.
(j) You may not use any feature of the Site to send any unsolicited commercial electronic messages to candidates, whether individually or as a group.
(k) You must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to TJNZ without TJNZ’s prior written approval.
6. Misuse of candidate data, and on-selling
(a) Any “Personal Information” (within the meaning of the Privacy Act 2020) of any Tradie candidate that you obtain through your use of the Site, or any features of the Site or products offered on the Site (including job applications received from Tradie candidates) must only be used by you in relation to your genuine employment and/or recruitment and/or contractor engagement activities.
(b) Selling or offering services or products to Tradie candidates whose Personal Information you have obtained through your use of the Site (including job applications received from Tradie candidates) is considered by TJNZ to be a misuse of Tradie candidate data and is prohibited.
(c) You may not under any circumstances provide any Tradie candidate Personal Information you have obtained through your use of the Site (including job applications received from Tradie candidates) to any other party, including to any affiliate or related party of yours (unless TJNZ has otherwise consented to this). This restriction on forwarding personal information applies irrespective of whether you receive direct financial benefit for doing so.
(d) TJNZ takes its obligations under the Privacy Act 2020 extremely seriously and is resolute in its determination to prevent the misuse of Tradie candidate data. If TJNZ believes that you have misused trade candidate data for any reason, TJNZ reserves the right to:
(i) immediately suspend or terminate your account, and/or suspend or terminate the account of any party that has received candidate personal information from you in breach of these Terms;
(ii) report any potential contraventions of the Privacy Act 2020 by you to the relevant authorities, including the Office of the Privacy Commissioner; and/or
(iii) take legal action against you seeking any number of remedies provided by law, including the award of monetary damages.
(a) Your access to the Employer Portal (and the functionality contained therein) will be via a secure sign in with your email and password (the Password). The Advertiser is responsible for ensuring that any Password is kept secure and confidential.
(b) Once access to the Employer Portal has been granted to you by TJNZ, the Advertiser will have access to the Employer Portal and the functionality therein, unless such access is terminated by us in accordance with these Terms and/or the Additional terms.
(c) If your access to the Employer Portal is terminated for reasons other than fraud or dishonest conduct on your part, TJNZ will, within 20 Business Days, forward all applications and associated information stored on your behalf to your nominated email address.
TJNZ will use reasonable endeavours to ensure that the Employer Portal is available for access at all times. Notwithstanding this, TJNZ and its third-party service providers may be required to undertake maintenance and upkeep of the Employer Portal from time to time. TJNZ will endeavour to limit any ‘downtime’ to periods outside of standard business hours. TJNZ provides no warranty to you that services generally available through the Site will be uninterrupted or error free. Except where we are unable to exclude our liability by legislation, we, our officers, employees, agents and contractors will not be liable in any way to you or anyone else for any loss or damage, however it arises (whether in contract, tort including negligence, or otherwise) out of or in connection with your access and use of the Employer Portal.
9. Changes to the Site
TJNZ reserves the right at all times without the need to have to provide any notice to you, to alter the functionality and/or appearance of its products and services available from TJNZ or the Site itself. In doing so, TJNZ will endeavour to consider exceptionally detrimental consequences such alterations may cause you.
10. Licence to use data
(b) The Advertiser pursuant to these Terms grants to TJNZ a perpetual, non-exclusive, irrevocable licence to use any Advertiser Data, to:
(i) manage TJNZ’s internal reporting requirements.
(ii) collate statistical information about use of the Site.
(iii) analyse user behaviour on the Site.
(iv) analyse Site usage trends and prepare reports relating thereto; and
(v) generally, improve the Tradie candidate user experience and/or the Advertiser user experience.
(c) TJNZ may use any data relating to the Advertiser’s use of, or engagement with the Site and/or the Advertiser’s use of TJNZ’s products and services (Ancillary Data) for commercial purposes consistent with 10(b) above, unless such Ancillary Data would reasonably be considered confidential in nature.
All amounts payable to TJNZ must be paid in accordance with the applicable Product Terms which will be via a direct payment gateway or where agreed, by invoice.
Payments where we have agreed to invoice you must be paid within 14 days of date of invoice.
You are obliged to pay for the products and services that TJNZ agrees to provide you with regardless of whether you utilise or fully utilise those products or services.
In respect of any payments made by you utilising the debit or credit card payment option available to you when using the payment gateway or paying against an invoice issued by us the payment amount due to us will be grossed up by us at the rate that the payment merchant (e.g. Visa or MasterCard) charges us a merchant service fee.The rates are the same that TJNZ is charged by Visa and MasterCard.
TJNZ may charge you interest on late payments at its applicable bank interest rate plus any costs we incur as a result of collecting your payment if not paid on the due date.
If you do not pay your account on time TJNZ may disable your account without notice and refuse to supply further services to you.
You agree that pursuant to the Privacy Act 2020, TJNZ may obtain from either a credit reporting agency or other credit providers personal credit information about you and/or your directors or a consumer credit report about you for the purpose of extending commercial credit to you or collecting overdue payments relating to commercial credit owed by you.
You agree that TJNZ may disclose this information to a credit reporting agency as reasonably necessary.
12. Hardware & software
It is the Advertiser’s responsibility to ensure that it has the necessary computer hardware and software systems in place to access and utilise the Employer Portal.
13. General Terms
(a) TJNZ reserves the right to terminate your agreement with TJNZ if you post any advertisement or utilise any feature of the Site or TJNZ Product in any way which is in breach of any of these Terms or the Product Terms.
(b) TJNZ reserves the right to reject, edit or remove any advertisement from the Site for any reason.
(c) Termination of our agreement with you as a result of you breaching any one or more of these Terms, will not end provisions of these Terms that are capable of surviving termination.
(d) These Terms are governed by the laws of New Zealand. Advertisers irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of New Zealand.