Terms of Service ("Terms")
Last updated: Oct 3, 2018
1. APPLICATION OF TERMS
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the RapidJob mobile or web application (the "Service") operated by RapidJob Limited ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms.
Where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
If you do not agree to these Terms, you are not authorised to access and use the Service, and you must immediately stop doing so.
We may change these Terms at any time by updating them on the Serivce. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Service, you agree to be bound by the changed Terms.
In these Terms:
- Service means the RapidJob mobile and web application
- including and similar words do not imply any limit
- Loss includes loss of profits, savings, revenue or data, and any other claim, damage, consequential or punitive damages, loss, liability and cost, or other intangible losses, including legal costs on a solicitor and own client basis
- personal information means information about an identifiable, living person
- Terms means these terms and conditions titled Terms of Service
- Underlying System means any network, system, software, data or material that underlies or is connected to the Service
- User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Service
- We, us or our means RapidJob Limited
- You means you or, if you are acting on behalf of another person, both you and the other person on whose behalf you are acting
4. SUSPENSION AND TERMINATION
We may change, suspend, terminate, discontinue, or restrict access to your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. On suspension or termination, you must immediately cease using the Service and must not attempt to gain further access. If you wish to terminate your account, you may simply discontinue using the Service.
5. ACCOUNTS AND DEALINGS WITH US
When you create an account, or have any other dealings with us you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password, and other login security details, that you use to access the Service and for any activities or actions under your security details, whether your security details are with our Service or a third-party service.
You agree not to disclose your security details to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
In order to use the Service and access Content, you need to be 13 or older.
You agree that you will use our Service in a lawful and reasonable way, and in compliance with any applicable laws and regulations. PROHIBITED CONDUCT IS NOT PERMITTE AND WILL RESULT IN ACCOUNT TERMINATION. Activities that constitute Prohibited Conduct are the sole discretion of RapidJob Limited, and include, but are not limited to: attempting to hack or disrupt the Service; activities that might restrict or inhibit another user form accessing the service; activities considered fraudulent, or that are attempting to defraud an individual; activities involved in illegal solicitation, or the promotion of illegal conduct or content
You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Service by using your User ID.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
INAPPROPRIATE CONTENT WILL NOT BE TOLERATED, AND WILL RESULT IN ACCOUNT TERMINATION. What constitutes inappropriate content is the sole discretion of RapidJob Limited. Examples of inappropriate content includes, but is not limited to, content that is:
- Pornographic or explicitly sexual in nature.
- Racist, offensive, promotes or glorify violence or physical harm towards any group or individual.
- Promotes or involves harassment or bullying towards another person.
- Threats or hateful content directed at minors, another individual or their families
- Unlicensed materiel that infringes on the rightful owners copyright.
- Content presented as ones own, which is in fact created by another (plagiarism).
- The promotion of pirated content.
- The promotion or endorsement of any illegal, abusive, obscene, threatening or harmful activities.
- Considered as SPAM, or junk mail.
- Might cause software faults or harm to another's computer system.
- Contains, or links to, viruses, worms, or similar malicious software.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
We reserve the right to review, delete or modify any Content submitted to our Service for any reason. Our undertaking of this right is not an obligation to review all content, the sole responsible for the content lies with you. We also reserve the right to make your Content, and connected meta-data, available to law enforcement authorities in order to cooperate with governmental requests or court orders, or if we deem it necessary in order to protect us, our systems, partners and other users.
8. INTELLECTUAL PROPERTY
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement ("Infringement") of any person.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of "Copyright Infringement" to email@example.com and include in your notice a detailed description of the alleged Infringement.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.
Our Intellectual Property
We (and our licensors) own all proprietary and intellectual property rights in the Service (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.
9. AVILABILTY, ERRORS AND INACCURACIES
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
10. LINKS TO OTHER WEB SITES
Our Service may contain links to third-party web sites or services that are not owned or controlled by RapidJob Limited.
RapidJob Limited has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that RapidJob Limited shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
To the extent permitted by law, we and our licensors, directors, employees, partners, agents, suppliers, or affiliates, have no liability or responsibility to you or any other person for any Loss in connection with:
- your access to or use of or inability to access or use the Service (in whole or in part) or performing slowly;
- any content or information obtained through the Service;
- any error in, or omission from, any information made available through the Service;
- any conduct or content of any third party on the Service;
- any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Service. To avoid doubt, you are responsible for ensuring the process by which you access and use the Service protects you from this;
- any site linked from the Service. Any link on the Service to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
- unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
We make no representation or warranty that the Service is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Service is not illegal or prohibited, and for your own compliance with applicable local laws.
To the maximum extent permitted by law:
Your use of the Service is at your own risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
We are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Service, or your access and use of (or inability to access or use) the Service. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
RapidJob Limited, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD100.
To the maximum extent permitted by law our total liability to you under or in connection with these Terms, or in connection with the Service, or your access and use of (or inability to access or use) the Service, must not exceed NZD500.
13. GOVERNING LAW
These Terms, and any dispute relating to these Terms or the Service, are governed and construed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Service, without regard to its conflict of law provisions.
If we need to contact you, we may do so by email or by posting a notice on the Service. You agree that this satisfies all legal requirements in relation to written communications.
For us to waive a right under these Terms, the waiver must be in writing.
If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
These Terms set out everything agreed by the parties relating to your use of the Service and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Service that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.
15. CONTACT US
If you have any questions about these Terms, please contact us.