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Advertisers on www.policyjobs.biz / www.policyjobs.co.nz  ("Site") identified as "the Advertisers" agree to be bound by the following terms and conditions.

  1. Services: The Advertiser acknowledges Kiwi Favourites Ltd is providing an on-line recruitment advertising and information service ("Services") for use in accordance with these terms. Kiwi Favourites may change the Services and any resources, equipment, infrastructure, applications or systems (including the look and feel of the site) used by it to provide the Services under this agreement. Policy Jobs will try to give the Advertiser as much notice of changes to specifications as is reasonably practicable.
  2. Conditions of Use: As a condition of using any Services supplied by Kiwi Favourites Advertisers must comply with all anti-discrimination and equal opportunity legislation applicable.  Kiwi Favourites reserves the right to either reject, withdraw or remove any advertisement without notice to the Advertiser any advertisement that is or appears to Kiwi Favourites to be contrary to law. Kiwi Favourites  will not accept advertisements that appear to be contrary to law.
  3. Payment: The Advertiser agrees to pay, for the Services at the rates set by Kiwi Favourites.  Kiwi Favourites may change its rates unless they are expressly fixed for a period. All amounts payable under this agreement shall be in New Zealand dollars and plus GST (if any). The Advertiser will pay any GST and any other taxes, duties or levies related to the provision of the Services.
  4. Overdue Payments: The Advertiser will pay to Kiwi Favourites interest together with debt collection costs on any amount due and not paid by it by the time required by this agreement. Interest at Kiwi Favourites overdraft rate plus 10% will be payable on the amount outstanding from the due date until full payment. All payments must be made in full without deduction, set off or counterclaim.
  5. Accuracy of posted information: The Advertiser will ensure all information sent to Kiwi Favourites for posting on www.policyjobs.biz is accurate and correctly formatted and transmitted in accordance with this agreement and complies with all relevant legal requirements. All reasonable efforts will be undertaken by Kiwi Favourites to edit errors brought to Kiwi Favourites attention as soon as reasonably possible.
  6. Indemnity: On lodging material with Kiwi Favourites for publication on its site, Advertisers and users indemnify Kiwi Favourites and its officers, employees and agents against any claim, demand, injury, direct or indirect damage, loss or cost, liability, right of action or claim for compensation in contract, under statute or in tort (including negligence) made against or suffered by any of those indemnified arising, in whole or in part, as a result of:
    • the publication of the advertisement; or
    • continued availability of any particular job should the Advertiser have filled the vacancy at any time; or
    • any activity that is expressed in these terms and conditions to be the responsibility of the Advertiser or user; or
    • a breach of these terms and conditions.
  7. Acknowledgement of personal information: The Advertiser acknowledges and agrees that as users of Policy Jobs ("Users") will be transmitting sensitive personal information, the proper management of that information is critical to the success of Policy Jobs.
  8. Information obligations: The Advertiser will keep User information confidential and will also include a privacy statement in accordance with the Privacy Act 1993 with every job vacancy it posts to Policy Jobs and generally ensure it complies with the Privacy Act 1993 at all times when dealing with User's personal information.
  9. Security of Advertiser ID and password: The Advertiser will be responsible for ensuring the security, confidentiality and proper use of any Advertiser login and passwords allocated to the Advertiser ("Login") and ensure that only its authorised employees and agents have access to its Login.
  10. Computer misuse: The Advertiser will not misuse, corrupt, damage or gain unauthorised access or use of Policy Jobs or Policy Jobs other systems.
  11. Obligation to monitor www.policyjobs.biz : The Advertiser acknowledges that in respect of the communication of data and information between Advertiser and User, Kiwi Favourites sole responsibility is as facilitator of that communication. The Advertiser is responsible for all content and communications and indemnifies Kiwi Favourites against all claims relating to the content or communications.
  12. Interruptions: Kiwi Favourites provides no warranty to Advertisers that services generally available through the Site will be uninterrupted or error free. Kiwi Favourites may interrupt the operation of all or part of www.policyjobs.biz from time to time, to undertake any preventative or corrective maintenance or enhancement to www.policyjobs.biz or if required by law or for such other purpose as Kiwi Favourites reasonably believes is necessary. Kiwi Favourites agrees that any disruptions to or a denial of access to its Site will be remedied as quickly as possible.
  13. All other warranties excluded: All warranties, representations and/or guarantees not contained in this agreement are excluded, including without limit any warranty of merchantability or fitness for a particular purpose.
  14. Consumer Guarantees Act does not apply: The Advertiser acknowledges it is acquiring the Services for business purposes and agrees the provisions of the Consumer Guarantees Act 1993 will not apply.
  15. Exclusion of liability: Kiwi Favourites will not be liable for any amount or to any person for:
    • Failure of Services: failure of Services to be compatible with any technology, immediate, continuous or error free;
    • User actions: incidents, loss or damage suffered by Advertiser while accessing or using Policy Jobs including where caused or claimed by Users or other third parties;
    • Fault of other party: any breach of this agreement to the extent that the breach is attributable to the prior default, negligence, misconduct or breach of Advertiser, its employees, or agents;
    • Indirect: any amounts for any indirect, incidental, or consequential loss or damage including loss of profits, data, savings of any party (including third parties);
    • Employment: if a candidate is not given, or does not obtain a job for any reason;
    • Beyond control: any amounts or default to the extent they are attributable to an event beyond Kiwi Favourites control.
  16. Limited Liability: Subject to clause 14, the total liability of Kiwi Favourites for any and all incidents relating to all breaches of this agreement, torts (including negligence), contraventions of any statute or any other action will be limited to the amounts paid for the relevant Services not provided.
  17. Existing Intellectual Property: The parties agree that any intellectual property existing at the date of this agreement that is not developed pursuant to this agreement, but which is used for the purposes of this agreement, shall remain the property of its current owner. For the avoidance of doubt, Advertiser will not obtain any rights in any templates, programs or tools provided by Kiwi Favourites to Advertiser.
  18. New Intellectual Property: Kiwi Favourites will own all intellectual property developed, commissioned or contracted for, in connection with this agreement including in the provision of the Services.
  19. Licence to use Intellectual Property: To the extent that it is necessary to use the other party's intellectual property rights, each party grants to the other party a licence to use any intellectual property rights relating to any matter included on, or in relation to Policy Jobs by the granting party for the limited purpose of the other party providing and receiving the Services in accordance with this agreement.
  20. Kiwi Favourites may, at any time, and without the need for further consent from the Advertiser, assign or transfer all or any of its rights or obligations under this agreement to any person, provided such person is of sufficient financial substance to meet Kiwi Favourites liabilities and obligations under this agreement. The Advertiser may not assign or transfer any of its rights or obligations under this agreement to any other person without obtaining the prior written consent of Kiwi Favourites (such consent not to be unreasonably withheld or delayed), except that the Advertiser may assign or transfer its rights and obligations under this agreement to any member of the Advertisers group/company, provided that such member of the Advertisers group/company is of sufficient financial substance to meet the Advertisers liabilities and obligations under this agreement.
  21. Amendment: Kiwi Favourites may change these terms on notice to the Advertiser. This may include placing amended terms on the www.policyjobs.biz site.
 
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