Terms and Conditions

MEGA JOBS

TERMS AND CONDITIONS

These Terms and Conditions (Terms) set out the terms and conditions on which Mega Jobs Limited (we, our or us) agrees to permit you to access the Mega Jobs recruitment services (the Services), including through our website, MegaJobs.co.nz, and any related websites or applications operated by us, (the Website).

By using the Services or the Website you and/or the entity you represent (you, your) agree to be bound by these Terms, as altered by us from time to time. If you do not wish to agree to these Terms, including any updated version of these Terms, you must stop using the Services and the Website. 

INTRODUCTORY

• Our Services

1. We provide the Services to help employers and recruiters find candidates for jobs, and to help candidates to find jobs they may wish to apply for. 

• Eligibility

1. The Services are only available to, and may only be used by, persons who can form legally binding contracts under New Zealand law. 
2. The Services may only be used in relation to jobs that exist and are based in New Zealand. 
3. If you register with us as a business entity or on behalf of a business entity, you represent that you have authority to bind that entity to these Terms.
4. We may decline to register you for any reason and we are not obliged to state such reason.

EMPLOYERS AND RECRUITERS

This section applies where you are a person or entity signing up for the Services in order to upload job listings or find Candidates, whether as the employer or as a third party recruiter (Employer).

• Job listings

1. It is at your sole discretion what information you choose to include, or not include, in a job listing you create on our Website or otherwise using our Services. 
2. You must ensure that the information contained in a job listing is accurate, complete and up-to-date at all times and that all job listings are for genuine jobs. 
3. You must ensure that all job listings comply with New Zealand law, and any other applicable laws. 
4. If you are listing a job on behalf of your employer or any other person, you must ensure that you have the authority to list that job. 
5. You agree that we may copy, reproduce and publish any job listing that you upload into the Services, including onto third party platforms, in order to promote the listing or the Services. This will be at no cost to you unless agreed otherwise. 

• Selection of Candidates

1. The Services will provide you with certain details of Candidates that match the co-ordinates that you put in your job listing. 
2. We do not guarantee that you will receive any Candidates, matches or applications as a result of you posting a job listing using our Services. 
3. We do not guarantee that the Candidates that match the co-ordinates in your listing will necessarily be appropriate or qualified for the job. 
4. We do not guarantee that any information provided by a Candidate is accurate, complete or up-to-date, and you choose to rely on such information at your sole risk;
5. We do not guarantee that Candidates are entitled to work in New Zealand, and you must conduct appropriate checks to ensure that you and they comply with all legal obligations in this regard. 
6. We do not vet, or carry out any kind of police or other check on, Candidates. It is solely the Employer’s responsibility to carry out any such checks before employing or otherwise engaging any person.  
7. You employ or engage a Candidate in your sole discretion, and it is up to you to put in place an appropriate process before employing or engaging a Candidate. We are not responsible, in any way, for your decision to engage a Candidate or for the performance of that person. 

• Fees

1. You agree to pay us the fees for the Services, as amended by us from time to time and either published on the Website or provided to you in writing. 
2. We reserve the right to vary our fees at any time. We may correct pricing errors at any time. All fees are exclusive of any GST or other taxes, which you will pay in addition unless otherwise stipulated. 
3. You agree to pay the fees in the manner we prescribe from time to time, including providing a direct debit authorisation to us if required by us. 
4. All transactions will be billed in New Zealand dollars.

• Information

1. You agree that you are responsible for keeping the information connected with your account up to date. 
2. You agree that, when you register for our Services, and whenever you provide us with any information or materials, either through the Website or in any other way:

1. all information and material that you provide to use will be accurate, complete and up to date, and you will provide us with all information requested; 
2. you have all the rights necessary to provide the information and materials to us and for us to make the information and materials available to others as part of our Services; and
3. for any personal information you provide to us about any person, you have obtained that person’s consent to provide us with that information and for us to use that information in accordance with these Terms and to provide the Services.

• Indemnity

You agree to at all times indemnify us and our officers, servants and agents against any and all liability, claims, losses, damages, costs or other expenses of any nature whatsoever awarded against, incurred or suffered by us or our officers, servants and agents arising out of or in connection with your use of the Services or any of your employees’, contractors’ or third parties’ to whom you grant access use of the Services, any information provided by you or anyone else using your account and/or any breach of these Terms.

• Cancellation

No refunds will be given for any fees paid by you under these Terms. 

CANDIDATES

This section applies if you are a person looking for job opportunities or anyone other than an Employer who has signed up to use our Services.

• Your information

1. You will be required to upload certain information, including the information contained in your personal summary. 
2. The information in your personal summary will be automatically shared with any Employer where your co-ordinates match the co-ordinates in a job listing posted by that Employer. 
3. You can control, through the Services, what other information you choose to share with an Employer. You are wholly responsible for any decision to share any information with an Employer, and we are not responsible for the use of that information by the Employer. 

• No guarantee

We do not guarantee that you will be matched with any job listings, or that we will match you with every job listing for which you may be qualified. 

• Entitlement to work

You are solely responsible for ensuring that you are either entitled to work in New Zealand, or for communicating in an appropriate way to any prospective employer what your status is in relation to employment in New Zealand. 

• Other terms

You agree that, when you register for our Services or provide us with any information or materials, either through the Website or in any other way:

1. all information and materials that you provide to us will be accurate, complete and up to date, and you will provide us with all information requested; 
2. you have all the rights necessary to provide the information and materials to us and for us to make the information and materials available to others as part of our Services; and
3. for any personal information you provide use about yourself, you consent to us using that personal information in accordance with these Terms and to provide the Services; and
4. for any personal information you provide to us about any person that is not yourself, you have obtained that person’s consent to provide us with that information and for us to use that information in accordance with these Terms and to provide the Services.

• Indemnity

You agree to at all times indemnify us and our officers, servants and agents against any and all liability, claims, losses, damages, costs or other expenses of any nature whatsoever awarded against, incurred or suffered by us or our officers, servants and agents arising out of or in connection with your use of the Services, any information or materials provided by you and/or any breach of these Terms.

GENERAL

This section applies to all users of the Website and the Services including Employers and Candidates.

• Ending the Services

1. You can terminate the Services at any time by deactivating your account. No refund of fees will be payable. 
2. If you end your registration for the Services you will no longer be able to use the Services or access any data that you have uploaded or been provided with as part of our Services.

• At your risk

1. You agree that we take no responsibility or liability for any misconduct of any of members who use our Services, without limitation, members that upload incorrect, inaccurate or out of date information or materials. 
2. We give no undertakings, representations or warranties in relation to the information or materials that you access as part of our Services.

• Details

1. You undertake and warrant that all information you provide to us is true, current and complete. You will promptly notify us of any changes to your contact details and provide such other information that we may reasonably require from you from time to time.
2. You agree not to: 

1. impersonate another person; 
2. use a false name or a name you are not authorised to use; 
3. create a false identity or provide a false address or email address; 
4. be misleading as to the identity or origin of any communications; or
5. use the Website or the Services for any illegal purpose.

• Intellectual Property Rights

1. You acknowledge and agree that all intellectual property rights in the Services, our software and our Website are owned by us or our licensors. You may not in any form or by any means adapt, reproduce, store, perform, publish or create any derivative works from any part of this Website or our software or commercialise or on-sell any information or software obtained from this Website or from us.
2. You agree to abide by these Terms and such other terms and conditions relating to use of our Website and any materials on our Website as we or our licensors may specify from time to time.

• Errors and Complaints

1. You must contact us immediately if there is an error or omission in any of the information within the Website or our Services. 
2. We will use all reasonable endeavours to correct any such error, but will not be liable for any losses (whether direct, indirect, or consequential) arising from an error or omission in the information listed within the Website or our Services. 

• Compliance with policies

By using the Website, you agree to comply with any policies or other requirements issued by us from time to time, and those policies and other requirements will form part of these Terms.

• Privacy policy

Your privacy is important to us. We may gather, use and disclose information about you in accordance with our privacy policy, which may be found here. Our privacy policy forms part of these Terms, and by using the Website you agree to our privacy policy. 

• Security

1. We will use all reasonable endeavours to effect and maintain adequate security measures to safeguard the information you provide to us from access or use by unauthorised persons, but we provide no warranty or guarantee as to security.
2. You are responsible for keeping your login information, including your email address and password, secret and secure. You agree not to permit any other person to use your name or access your account and not to disclose (directly or indirectly) any information that may allow another person to gain access to your account. 

• Your profile

We reserve the right to suspend or terminate your account with us if we suspect that you have breached these Terms or breached any applicable law or we otherwise consider that such suspension or termination is required. 

• Website integrity

You must not attempt to damage, interfere with or harm our Website or our Services, or any network or system underlying or connected to them in any way whatsoever.

• Amendments

1. We may amend these Terms from time to time. Notice of any such amendments will be announced on this Website and will be effective immediately, unless we state otherwise. You are responsible for reviewing these Terms regularly to obtain timely notice of any such changes.
2. Your continued use of the Services or our Website will constitute your acceptance of any changes or revisions to these Terms.

• No Warranties

1. You understand and agree that your use of our Services is at your sole risk. 
2. The Website and the Services are provided on an “as is” and “as available” basis. To the maximum extent provided by law, we disclaim and exclude any implied conditions or warranties (including, without limitation, any warranties of merchantability and fitness for a particular purpose).
3. Without limiting the above, we do not warrant that the Services or the Website will be uninterrupted, timely, secure, error-free or that any information or materials provided through the Services or the Website are accurate, complete or up-to-date.
4. All statements, information and recommendations made by us about the Services are believed to be reliable, but do not constitute a guarantee or warranty. 

• Maximum Liability

If we are found to have any liability under or in connection with these Terms, the maximum amount of our liability arising out of all claims under these Terms or relating to the Services or the Website will not in any circumstances exceed NZ$100.

• Waiver

Our failure or delay to exercise any right or remedy we may have under these Terms will not be construed or operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude the further exercise of such right or remedy.

• Governing Law

These Terms will be governed by the law of New Zealand. You agree to submit to the non-exclusive jurisdiction of the courts of New Zealand.

Last updated March 2020