Terms of Use

Terms

In these Terms of Use “You” (an Advertiser) will be referred to as You, “Your”, and “Advertiser”.

In these Terms of Use Niesh Limited of 2c/30 Symonds Street, Grafton, Auckland New Zealand 1010 (“Niesh”) will also be referred to as “We”, “Us”, and “Our”

Your use of this website (https://www.business.niesh.co.nz) is deemed acceptance of these Terms of Use

Advertiser content

This website enables you to submit information and other Advertiser-supplied content (‘Advertiser Content”) for the purpose of creating job advertisements, or otherwise.

By creating, modifying, transmitting, uploading, or submitting any user content, you: 

a) grant us a non-exclusive, royalty-free, fully paid-up, worldwide, perpetual, irrevocable, licence to publicly display and make your Advertiser Content available, excluding personal details, (by all means and in any media now known or hereafter developed) to other users of this website and other users of our services in such manner as we may permit from time to time; and 

b) acknowledge and agree that no royalties or other remuneration will be paid or payable to you for your Advertiser Content, or for the granting of the rights described above. We have no obligation to you to make this website or any Advertiser Content available. We may at any time edit, refuse to display, or remove any part of this website (including your Advertiser Content) as we deem appropriate. 

Jobs

Advertisers will upload jobs by following the on-screen instructions.

Advertisers may outline requirements, such as, but not limited to: driver’s license level, visa status, and previous work experience.

Advertisers will be able to fill out other sections, such as, but limited to: job description, location, application end date, etc.

Some sections will be required, and thus the Advertiser will need to fill all of these in order to progress with the job application.

Payment for the Job will not occur until the 1st of June 2018.

YOUR USE OF THIS WEBSITE

You agree not to use this website for any purpose that is unlawful or to engage in any conduct that is likely to impair or cause damage to the operation of this website whether by way of a virus, corrupted file or through use of any other software or program. Furthermore, you agree not to alter, modify, reproduce, transmit or otherwise deal with the content, software, text, graphics, layout or design of this website without our prior written approval. 

YOUR ACCOUNT

In order to access certain information and features offered on this website, you must create an account. To create your account, you must complete your account details in the manner described on this website (including selecting an email address, and password which we will use to verify your identity when you use this website). You must ensure that your account details are complete and accurate when submitted to us, certify that the information that you have given is true and correct, and you must keep your account details up-to-date. We may at our discretion (at any time and without notice to you) suspend or terminate your account, or your ability to use the functions available through this website. 

YOUR EMAIL AND PASSWORD 

Your login credentials (being your email and password) are personal to you. You must always maintain the confidentiality of your email and password and not disclose them to any third party. You agree that you are solely responsible for any use of this website by any person using your email and password and you agree to indemnify us against any claims arising out of your failure to maintain the confidentiality of your email or password. You agree to not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity. We will not be liable for any loss that you may incur as a result of someone else using your password or account (whether with or without your knowledge). You agree to notify us immediately of any unauthorised use of your account or any other breach of security. 

YOU WARRANT AND AGREE THAT

  • you have the legal capacity and power to agree to be bound by these Terms of Use and perform the obligations under it;
  • advertisements and other works posted on our website do not breach the intellectual property rights of any third party;
  • all files delivered to Niesh will be free of infection or viruses;
  • you will not use the website for any illegal purpose;
  • you will not use the website, or any features of the website or products offered on the website 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 Niesh, the website users or persons generally; You may not assign or transfer any rights and obligations pursuant to these terms to any other person or entity without Niesh’s prior written approval (which will not be unreasonably withheld). If you are a company, any change in your effective control shall be deemed an assignment for the purpose of this clause.
You indemnify and will keep indemnified Niesh, its officers, employees and agents against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by Niesh in connection with:
  • any breach of these Terms or the Product Terms by you;
  • any negligent act or omission by you;
  • the listing or proposed listing of any advertisement by you on the website or any related website; or
  • an actual or alleged breach by you of any law, legislation, regulations, by-laws, ordinances or codes of conduct which occurs a consequence of your advertisement appearing on the website.

You agree at all times to deal with any information or products provided by Niesh or accessed from the website 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).

Except as otherwise permitted under these Terms of Use, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Website including code and software.

You may not use data mining, robots, screen scraping, or similar automated data gathering, extraction or publication tools on this website (including without limitation for the purposes of establishing, maintaining, advancing or reproducing information contained on our website on another website or in any other publication), without Niesh’s prior written approval.

You may not use the website to post any pyramid scheme on the website and you also may not ask or require any candidate to pay a fee, charge, cost or any money whatsoever to apply for any job advertised on the website whether such fee, charge, cost or money is asked or required of the candidate in the job advertisement itself or in any communication with the candidate that takes place as a result of a job advertisement placed on the website.

You may not use any feature of the Website to send any unsolicited commercial electronic messages to candidates, whether individually or as a group.

You must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to Niesh without Niesh’s prior written approval.

MISUSE OF STUDENT DATA AND ON-SELLING

Any ‘personal information’ (within the meaning of the Privacy Act 1993) of any candidate that you obtain through your use of the website or any features of the website or products offered on the Website (including job applications received from candidates) must only be used by you in relation to your genuine employment and/or recruitment activities.

Selling or offering services or products (such as learning or educational courses or tools) to candidates whose personal information you have obtained through your use of the Website (including job applications received from candidates) is considered by Niesh to be a misuse of candidate data, and is prohibited.

You may not under any circumstances provide any candidate personal information you have obtained through your use of the Website (including job applications received from candidates) to any other party, including to any affiliate or related party of yours (unless Niesh has otherwise consented to this). This restriction on forwarding personal information applies irrespective of whether you receive direct financial benefit for doing so.

Niesh takes its obligations under the Privacy Act 1993 extremely seriously, and is resolute in its determination to prevent the misuse of candidate data. If Niesh believes that you have misused candidate data for any reason, Niesh reserves the right to:

  • 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;
  • report any potential contraventions of the Privacy Act 1993 by you to the relevant authorities, including the Privacy Commissioner's Office; and/or
  • take legal action against you seeking any number of remedies provided by law, including the award of monetary damages.

PLACING ADVERTISMENTS

You must ensure that all advertisements posted to the Website comply with all applicable legislation, regulations, by-laws, ordinances and codes of conduct, including but not limited to the:

  • Fair Trading Act 1986
  • Privacy Act 1993 including the Information Privacy Principles;
  • Real Estate Agents Act 2008; and
  • Human Rights Act 1993

You must adhere to the principle of honest representation in advertising set out in the RCSA's Code For Professional Practice.

You are not permitted to promote or refer to brands other than those associated with your business, (or a business operated by a related party to you):

  • within the details of a job ad (including from the apply functions);
  • from within Niesh’s job application process;
  • within or from a previously approved externally hosted application form; or
  • within an employer/company profile; or

You may only post Advertisements to the Website that are in respect of a genuine employment opportunity that is current as at the time of posting the Advertisement, and for which you are currently recruiting. Niesh reserves the right to request any information from you that it deems necessary to verify that a genuine employment opportunity exists.

You may not post advertisements to the Website of any job openings in any location outside New Zealand without Niesh’s express written approval. Niesh reserves the right to charge you our then applicable standard casual rate for any advertisement posted to any such location in breach of this clause.

You must ensure that advertisements posted to the Website are posted to the appropriate category of the Website. It is your responsibility to ensure that you familiarise yourself with the advertising requirements of each available category on the Website to ensure appropriate placement of advertisements.

Advertisers acknowledge and agree that they must only advertise one job role per job advertisement posted on to the Niesh Website. Where Advertisers have breached this obligation and have advertised multiple job roles in the one job advertisement, Niesh reserves the right to charge the Advertiser for the number of job roles advertised in the one job advertisement posted on to the Niesh Website.

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. Niesh reserves the right to amend, alter or remove any information that does not meet this requirement.

Niesh reserves the right and Advertisers must accept as a condition of advertising on the Website, Niesh’s right to re-classify advertisements posted to the Website, entitling Niesh to withdraw advertisements from one category of its Website and to re-publish advertisements in another category on the Website.

STANDARD JOBS

Standard job advertisements are valid for 30 days, although you can choose to expire the advertisement earlier.

Standard Jobs can be listed for free until the 1st of June.

The creation of a Standard Job will be subject to following on screen instructions.

The following actions constitute a new/additional job advertisement:

  • uploading a new job advertisement;
  • copying a job advertisement;
  • reposting an archived or deleted job advertisement;
  • extending a job advertisement ("Extending") which adds 30 days to the life of the advertisement unless you choose to expire the advertisement earlier and this can occur on multiple occasions;
  • refreshing any job posting. Refreshing is the process of deleting and re-posting the same or substantially similar job advertisement;
  • posting advertisements on Niesh 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 Niesh will count all new/additional job advertisements against your account and will invoice you accordingly.

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.

AUTHORITY TO STORE AND RETAIN APPLICATIONS

You expressly authorise Niesh to store and retain all applications submitted in response to the relevant ad within the Niesh database, rather than emailing those applications to an external source.

LICENSE TO USE DATA

Except for information that is 'personal information' (as that term is defined in the Privacy Act 1993), all data stored on the website on behalf of the Advertiser is owned by the Advertiser, and not Niesh.

The Advertiser hereby grants Niesh a perpetual, non-exclusive, irrevocable licence to use any stored data to:

  • manage internal reporting requirements;
  • collate statistical information about use of the Website and submission of online applications;
  • analyse user behaviour on the Website;
  • obtain and analyse high level trends and prepare reports relating thereto; and
  • generally improve the candidate user experience.

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 Business Platform.

CHANGES 

We reserve the right to add to, modify, or remove this website or any information, feature, specification, or other part of this website (at any time and without notice to you). We reserve the right to change these Terms of Use from time to time by publishing the changed terms on this website. You should review these Terms of Use periodically to be aware of such changes. Your continuing access or use of this Website following such publication shall be deemed your acceptance of the Terms of Use.

ADVERTISEMENTS

We do not endorse any of the jobs or prospective employers advertised on this website. We do not endorse any prospective employees applying for employment using our services. 

THIRD-PARTY WEBSITES

This website provides links and pointers to Internet websites maintained by third-parties. Such linked websites are not under our control and we are not responsible for the contents (including the accuracy, legality or decency) of any linked website or any material contained in a linked website. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the linked website. We will not be liable 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. 

ELECTRONIC COMMUNICATIONS

You consent to receiving communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002. You consent to receiving electronic messages and information sent by us (or on our behalf) for any purposes described in our privacy policy. You agree, pursuant to section 11(2) of the Unsolicited Electronic Messages Act 2007, that the person sending any such message need not include a functional unsubscribe facility in that message.

LIMITATION OF LIABILITY

To the maximum extent permitted by law, we disclaim all responsibility for any damages or losses (including, without limitation, financial loss, damages for loss in business projects, loss of profits or other economic losses) whether arising in contract, tort or otherwise from the use of, or inability to use, this website, our services, or any information or material appearing on this website, or from any action or decision taken as a result of using this website or any such services, information or material.

Niesh cannot and does not guarantee or warrant to you that files available for downloading through the website or delivered via electronic mail through the Website, or features and products available through the website, 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 Website for the reconstruction of any lost data.

Niesh acts as a medium through which individuals seek employment opportunities. Niesh does not vet, nor is it responsible for vetting, candidates or the representations made by them whether oral or in writing - including those representations appearing in candidates applications and profiles.

AVAILABILITY

Your use of this website and any associated services may sometimes be subject to interruption or delay. Due to the nature of the Internet and electronic communications, we and our service providers do not make any warranty that this website or any associated services will be error free, without interruption or delay, or free from defects in design. We will not be liable to you should this website or the services supplied through this website become unavailable, interrupted or delayed for any reason. 

GENERAL TERMS

Niesh reserves the right to terminate your agreement with Niesh if you post any advertisement or utilise any feature of the Website or Niesh Product in any way which is in breach of any of these Terms of Use. Further, Niesh reserves the right to, in its absolute discretion, reject or remove any advertisement from the Website for any reason.

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

These Terms are governed by the laws of New Zealand. Advertisers irrevocably and unconditionally submit to the exclusive jurisdiction of the New Zealand Courts, and waive any objection to legal action being brought in those Courts on the grounds of venue or inconvenient forum

DISCLAIMERS

While we endeavour to ensure that the content of this website is free from errors, we do not give any warranty or other assurance as to the content of material appearing on this website, its accuracy, completeness, timeliness or fitness for any particular purpose. 

We give no guarantee to you of the continued availability of any particular job advertised on this website. We will not be liable to you should a prospective employer have filled the vacancy or vacancies at any time prior to removal of the advertisement from this website. 

While we take efforts to ensure that jobs advertised are for actual job vacancies, we give you no guarantee that every job advertisement represents an actual job vacancy. 

To the maximum extent permitted by law, we provide this website and related information and services on an “as is” basis without any warranties, representations, or guarantees of any kind (whether, express, implied, statutory or otherwise) including, but not limited to, warranties of non-infringement, merchantability, or fitness for a particular purpose. 

If you are using our services for business purposes, you agree that the guarantees provided under the Consumer Guarantees Act shall not apply to those services

YOUR PRIVACY 

Where we collect personal information about you as a result of your accessing and using this website, our Privacy Policy will apply to that information. You can read our Privacy Policy here at https://business.niesh.co.nz/privacy

INTELLECTUAL PROPERTY 

The materials displayed on this website are protected by copyright and other laws of New Zealand, and under similar laws and international conventions abroad. You acknowledge and agree that all copyright and other intellectual property rights that may subsist in this website including text, illustrations, photographs, video, music, sounds, layout, designs, source code, belong to us or to our licensors (together, ‘our intellectual property’). Except with our prior written permission, you may not in any form or by any means: 

a) use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, publish, or create in any way any works contained in any part of this website; or 

b) commercialise any information, products or services obtained from any part of this website. 

MALICIOUS CODE

Although we endeavour to prevent the introduction of viruses or other malicious code (together, ‘malicious code’) to this website, we do not guarantee or warrant that this website, or any data available from it, does not contain malicious code. We will not be liable for any damages or harm attributable to malicious code. You are responsible for ensuring that the process that you employ for accessing this website does not expose your computer system to the risk of interference or damage from malicious code. 

SECURITY

Although we endeavour to protect the security of your personal information you acknowledge that there is a risk of unauthorised access to (or alteration of) your transmissions or data or of the information contained on your computer system or on this website. We do not accept responsibility or liability of any nature for any losses that you may sustain as a result of such unauthorized access or alteration. All information transmitted to you or from you is transmitted at your risk, and you assume all responsibility and risks arising in relation to your use of this website and the internet. We do not accept responsibility for any interference or damage to your own computer system which may arise in connection with your accessing of this website or any outbound hyperlink. 

GOVERNING LAW

These terms of use are governed by the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these terms of use. 


These terms of use were last updated February 12 2018.