Welcome to Jobs Board, New Zealand's own online job auction community. These terms and conditions are intended to keep Jobs Board a safe place to trade.
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1.1 Acceptance of terms and conditions: The terms
and conditions are the terms on which Jobs Board Limited offers you access to the
Services and the Website. By registering as a member of Jobs Board you accept these
terms and conditions. If you do not accept these terms and conditions, you must
refrain from using the Services.
1.2 Amendment of terms and conditions: These terms
and conditions may be amended in whole or in part by Jobs Board from time to time.
Amendments will be effective immediately upon posting of the amended terms and conditions
on this Website. You are responsible for ensuring you are familiar with the latest
terms and conditions. Your continued use of the Services represents your agreement
to be bound by the terms and conditions as amended.
1.3 Terminology: In these terms and conditions, the
following expressions have the meanings set out:
'job', 'jobs' are the jobs that are posted and bid on in the tender process
'member' means a registered member of Jobs Board;
'Services' means any one or more of the services offered by Jobs Board Limited from
time to time, including online auctions, clarification boards and any other service that Jobs Board may offer;
'we', 'us' and 'our' are a reference to Jobs Board Limited;
'you' and 'your' are a reference to you;
'Website' means any Jobs Board website through which the services are offered;
'listing' means a listing on the Website through which you offer, negotiate, post,
or advertise any job;
'employer' includes any person placing a listing.
- SPECIFIC WARNINGS
2.1 The services: Jobs Board provides a venue to introduce
members who need workers or work. Jobs Board does not take any part in the remuneration or work process
other than by providing our Website as a venue for members. Employers or Workers are advised to set up
their own contracts outlining how the work should proceed after a job has been awarded. We do not act as agent for either party and do not participate
in any sale or transaction between you and other members, including where you use
the credit card service. As a result, even though some of the services are
being referred to as an auction, Jobs Board is not an auctioneer (whether under the
Auctioneers Act 1928 or otherwise).
2.2 At your own risk: Transactions and all other contact
between you and other members are conducted entirely at your own risk. You agree
that Jobs Board takes no responsibility or liability for any misconduct of any of
its members including, without limitation, members that have registered under false
pretences or who attempt to defraud you. Jobs Board gives no undertakings, representations,
or warranties in relation to jobs listed on the Website:
- about the employer;
- as to the content, safety, description, worthiness, quality, or legality of the
job listed on the Website;
- as to the accuracy or truth of listings;
- about the ability of members to complete a transaction, including credit card transactions or job itself.
2.3 Disclaimer: You expressly understand and agree
that:
- your use of the Services is at your sole risk. The Website and services are provided
on an "as is" and "as available" basis.;
- Jobs Board does not warrant that i) the services provided will be uninterrupted, timely,
secure, or error free, or ii) that any information (including feedback) provided
on the Website is error-free or reliable;
- no advice or information that is obtained by you from Jobs Board or anyone else shall
create any warranty by Jobs Board that is not expressly stated in the terms and conditions;
and
- responsibility for the content of advertisements appearing on this Website (including
hyperlinks to advertisers' own websites) rests solely with the advertisers. The
placement of such advertisements on the Website does not constitute Jobs Board's recommendation
or endorsement of the advertised product or service. Each advertiser is solely responsible
for any representation made in connection with its advertisement.
- while Jobs Board has systems in place to reduce the risk of credit card fraud, Jobs Board is not responsible for protecting members from credit card fraud.
2.4 Liability: You agree that, to the maximum extent
permitted by law, any and all liability and responsibility of Jobs Board to you or
any other person under or in connection with these terms and conditions, or in connection
with the services, this Website, another Member's acts or omissions, or your use
of or inability to use, the services or this Website, is excluded regardless of
whether such liability arises in contract, tort (including negligence), equity,
breach of statutory duty or otherwise. Jobs Board's liability and responsibility is
excluded in respect of any and all loss or damage, whether direct or indirect, including,
without limitation, loss of profits, loss of data, loss of business or anticipated
savings, general and special damages, and consequential and incidental loss.
2.5 Indemnity: You agree to release, indemnify and
keep indemnified us from and against all actions, claims, costs (including legal
costs and expenses), losses, proceedings, damages, liabilities, or demands suffered
or incurred by us to any person arising out of or in connection with your failure
to comply with these terms and conditions, your failure to complete a transaction,
your use of Jobs Board's clarification boards, your listing of a job, or arising out of any content or item you submit, post, transmit,
or make available through the Website.
2.6 Breach: Without limiting any other rights and
remedies available to Jobs Board, Jobs Board may limit your activities on the Website,
remove your bids or listings, warn other members of your actions, issue a warning
to you, suspend or terminate your membership, or refuse to provide our Services
to you if you breach these terms and conditions or where Jobs Board considers it appropriate.
- BECOMING A MEMBER
3.1 Becoming a Member: Becoming a member is free.
You may only register as a member if you are resident in New Zealand
and can form a legally binding contract that is enforceable against you. For example,
you must be 18 years old. By registering as a member, you warrant that you can form
a legally binding contract.
3.2 Accurate Information: While most personal information you can enter on the site
is optional please try to provide accurate and current personal information when registering as
a member. Jobs Board may phone or mail you to verify
these details. You must not register as a member under multiple identities or personas
(whether false or not). However, at Jobs Board's discretion, you may create a business
membership in addition to your personal membership.
3.3 Termination of membership: Jobs Board reserves the
right to decline to register or to terminate your membership without entering into
further discussions with you. Without limiting the foregoing, Jobs Board may terminate
your membership if a serious complaint or multiple complaints are received about
you from other members, if you breach these terms and conditions, if you impersonate
another member, or if we, at our sole discretion, deem your behaviour to be unacceptable.
Members who have registered under multiple aliases will have all of their aliases
disabled.
3.4 Security of your login information: You are responsible
for keeping your login information, including your email address and password, secret
and secure. Without limiting the foregoing, you agree:
- not to permit any other person to use your user name or membership; and
- not to disclose, or provide to any other person, your password, email address, date
of birth or any other information in connection with your membership that may allow
them to gain access to your membership.
3.5 Emails and newsletters: Jobs Board will send you
emails relating to your membership, transactions and other activities on the Website,
and for promoting and marketing other Jobs Board products and services to you. Jobs Board
may also send regular electronic newsletters to members. Newsletters will contain
clear and obvious instructions about how you can unsubscribe from the mailing list.
GENERAL RULES
4.1 General
- All listings, bids or communications made through Jobs Board shall be made in good
faith.
- You must not damage, interfere with or harm the Website or Services, or any network,
or system underlying or connected to them, or attempt to do so.
- You may not use a robot, spider, scraper or other unauthorised automated means to
access the Website or information featured on it for any purpose.
- You shall not list your email address, phone number or any other contact detail
anywhere on the site. This includes but is not limited to the description of listings, feedback, on the job clarification boards or in your member
profile.
- Not withstanding 4.1d above, you may enter your appropriate contact details in the
relevant contact detail fields of those listing categories which specifically provide
for those details.
- Your bids must be in New Zealand dollars and include GST in
the price. All tax obligations are the responsibility of the employer and/or the worker (as the
parties determine).
- You must not complete a transaction outside of the Jobs Board process or otherwise
seek to avoid Jobs Board's Service fees. Attempts by you to avoid fees, including
through multiple memberships, premature job cancellation, or otherwise, may result
in Jobs Board suspending or terminating your membership at the discretion of Jobs Board.
- You must not use the Services or the Website to promote jobs outside the
Services.
- You are responsible for any actions taken through your membership. Jobs Board memberships
are not transferable and therefore cannot be sold, leased, lent or traded.
4.2 Your obligations as a employer
- Employers must be located in New Zealand. Employers outside of these countries
are not permitted to post on Jobs Board.
- You will only enter listings that are accurate, current, complete, and include all
relevant information about the job, payment terms either in the job description or the clarification board.
You must list a job in one category only which
must be the most appropriate category for your job.
- You will only place listings for jobs that exist. You will not
list items that you are not legally entitled contract out.
- You must make full and prompt payment for any work that goes ahead.
- You must not list anything that is illegal, offensive (including anything of a defamatory,
pornographic, or racially or ethnically objectionable nature), stolen, or unsafe,
anything which infringes copyright or other intellectual property rights, listings
that require or encourage any illegal acts in order to complete the job, or any job that is prohibited
by, or violates any law. Adult content of any type is prohibited. You are responsible for ensuring that any listing by you
does not breach this clause 4.2(d). You agree that Jobs Board may disclose your personal
information, including your name and contact details, to the relevant authorities,
parties and/or the applicable intellectual property right holders (or their representatives)
if we consider that you are in breach of this clause 4.2(d) at any time.
- You must ensure you hold the copyright or are otherwise licensed
to use any images you add to your profile or listings.
- When you list a job on Jobs Board, you should do so with the intention
of accepting a bid through the site. Therefore you should not advertise your job
through another forum.
- Your listing may only contain a URL for a website that contains further information
on the job you have listed. This website must not offer any items for sale, or
contain contact details. You must not use Jobs Board listings to promote a business
or website other than one for sale in your listing.
- You must not use the Services or the Website to sell items that are of a speculative
nature including, but not limited to, pyramid, surf-for-free, or similar schemes.
- You must not manipulate prices through ghost-bidding or assuming multiple roles
in a single transaction.
- The winning bidder is determined entirely at the Employer's distrection.
- Listings are not pre-screened for content. Jobs Board reserves the right to remove
any listing that it deems unsuitable or in breach of the terms and conditions.
- You agree to your email address being supplied to the worker when your auction closes.
- You must promptly contact the successful worker on completion of the auction process.
- You must only list a job if you are at least 18 years old.
- To help maintain quality listings, Jobs Board reserves the right to suspend employers
who list over 500 auctions per week where the award rate of these auctions
averages less than 10% over four weeks. Award rate is calculated as the listings awarded
divided by total listings.
4.3 Your obligations as a worker
- You must be located in New Zealand to bid on Jobs Board. People outside
of these countries are not permitted to bid on listings on Jobs Board.
- Your bids are not retractable once the auction has closed. You must only place a
bid if you intend to complete the work outlined in the job description and/or clarification board at the bid price entered.
- If you are awarded a job, you must complete the job the way it was described in the listing.
By making a bid, you warrant and represent that you have
the legal right to enter into and complete the job.
- You must make full and prompt payment for any item you buy.
- You agree to your username and the amount of your bid being publicly shown on the
Jobs Board Website. You also agree to your email address being supplied to the employer
when you win an auction.
- If you are offered a job and accept but do not not complete the work required, you will receive a warning
from Jobs Board if the employer complains about you. After 3 such complaints, Jobs Board may suspend or terminate your membership.
- You must only bid if you are at least 18 years old.
4.4 Feedback
- Feedback you provide on other members must not contain offensive, defamatory or
inappropriate language. Jobs Board reserves the sole right to determine what is considered
offensive, defamatory or inappropriate language.
- You may only give member feedback that relates to a specific listing. You must
not post feedback on a listing that does not relate to that specific listing.
- You must not post feedback about yourself or include any contact details or personal
information in your feedback.
- Feedback is provided for the sole purpose of facilitating trading between members
on the Jobs Board Website. You must not market or export any feedback to any venue
other than the Jobs Board Website. Linking to your Jobs Board feedback from other buying
and selling websites will be considered a breach of our terms and conditions.
GENERAL PROVISIONS
5.1 System Integrity: Jobs Board will use its reasonable
endeavours to ensure the availability of the Website and Services, subject to any
downtime required for maintenance. However, Jobs Board takes no responsibility for
any system unavailability, or for any loss that is incurred as a result of Website
or Services being unavailable. Further, Jobs Board assumes no responsibility for the
corruption of any data or information held by Jobs Board.
5.2 Resolution of disputes: As Jobs Board is not a party
to any sale, transaction or agreement between you and another member, you agree not to involve,
or attempt to involve, Jobs Board in any dispute or in the resolution of disputes
that arise between you and another member as a result of the Services provided.
5.3 Jobs Board Clarification Boards: Jobs Board provides Clarification
Boards for the use of Jobs Board members. They are to be used to clarify any aspect of a job listing and may not be used to promote
auctions, websites or any commercial or business activity. By posting a message to
the clarification board you agree to take full legal responsibility and liability for
your comments, including for offensive or defamatory statements.
5.4 Force Majeure: Without prejudice to clause 2.3(a),
Jobs Board has no liability for any lack of performance, unavailability or failure
of the Services or the Website, or for any failure of Jobs Board to comply with these
terms and conditions where the same arises from any cause reasonably beyond the
control of Jobs Board.
5.5 No Waiver: If we do not exercise or enforce any
right available to us under these terms and conditions, it does not constitute a
waiver of those rights.
5.6 Partial Invalidity: If any provision of these
terms and conditions becomes or is held to be invalid, unenforceable or illegal
for any reason, and in any respect, that provision shall be severed from the remaining
terms and conditions, which shall continue in full force and effect.
5.7 Governing Law: These terms and conditions are
governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction
of the Courts of New Zealand.
5.8 Intellectual Property Rights: Jobs Board (and its
licensors or suppliers, as the case may be) owns all proprietary and intellectual
property rights in the Website (including text, graphics, logos, icons and sound
recordings) and the software and other material underlying and forming part of the
Services and the Website.
You may not without our prior written permission, in any form or by any means:
- Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create
derivative works from any part of this Website; or
- Commercialise, copy, or on-sell any information, or items obtained from any part
of this Website.
5.9 Entire agreement: These terms and conditions supersede
all previous conditions, understandings, commitments, agreements and representations
whatsoever whether oral or written, and constitutes the entire agreement, between
the parties, relating to the subject matter of these terms and conditions.
5.10 Privacy: Jobs Board collects personal information
about you through your use of the Services and the Website, including:
- your registration details; and
- information relating to your use of the Website and the content you access.
You agree that Jobs Board may use this personal information to assist us to provide
the Services to you, for internal research purposes, to verify your identity, for
promoting and marketing other Jobs Board products and Services to you, and for any
other use that you authorise. You agree to your membership's trading history being
published in your feedback.
We will not sell or allow third parties to access your personal information without
your consent. We release account and other personal information only when we believe
release is appropriate to comply with law; facilitate court proceedings; enforce
or apply our terms and conditions; or protect the rights, property, or safety of
Jobs Board Limited, our users, or others. Government agencies with statutory roles
enabling them to request information from us include but are not restricted to the
Police, Inland Revenue Department and Ministry Of Economic Development. You may
contact Jobs Board to ask whether information has been provided to government agencies.
Please review our privacy policy for more information.