Terms and Conditions
THESE TERMS OF SERVICE (“Terms”) APPLY WHEN USING MANAWANUI’S PLATFORM. PLEASE READ THEM CAREFULLY.
Manawanui – Manawanui refers to Manawanui Support Limited.
eMploy – eMploy is the name of the online recruitment platform provided by Manawanui Incharge Limited.
1 Background eMploy is an online marketplace connecting people looking for services with people offering services. eMploy helps you to make connections, communicate and share information. The Platform is accessed at www.eMploy.org.nz.
2 Acceptance By accessing and using the Platform, you agree you have read, accept, and will use the Platform in accordance with, these Terms. These Terms are a legal agreement between you and Manawanui and other Users. If you do not agree to these Terms, you may not use the Platform.
3 Licence to Use As long as you comply with these Terms, Manawanui grants you a limited non-exclusive, non-transferable license to access and use the Platform strictly for your own personal use.
4 eMploy is a Marketplace Manawanui’s Platform is an online marketplace. Manawanui makes the Platform available for Users to post Listings; to search and locate a match that suits both parties. The use of eMploy to find support does not constitute a contract or agreement. Manawanui is not a party to any contracts that arise from the use of eMploy. Manawanui is not a provider of home care or support services and Manawanui has no control over the conduct of Users of the Platform in the provision of such services and disclaims all liability in this regard to the maximum extent permitted by law.
5 Your Risk Manawanui’s Platform is intended to help Users connect and create rewarding relationships. All use is at your own risk. Manawanui cannot and does not control the actions of any person in relation to the Platform including the provision of any Content. Manawanui gives no undertakings, representations, or warranties in relation to any person’s conduct or use of the Platform except as expressly contained in these Terms. You agree not to involve, or attempt to involve, Manawanui in any dispute between you and a User or another person as a result of any service, action or omission of a User or another person.
6 Joining eMploy You must register and create an eMploy Account to and access certain features of the Platform. You may only have one active eMploy Account. You agree to provide accurate information during the registration process and to update that information to keep it current. Manawanui may in its discretion refuse to accept any registration.
7 Account and Passwords You agree to keep your password safe; not to disclose your password to any third party; to take sole responsibility for any activities or actions under your Manawanui Account (including provision of Content, whether or not authorised by you); and to notify Manawanui immediately of any unauthorised use of your Manawanui Account.
8 Account Changes Manawanui may change, restrict, suspend or terminate your Manawanui Account and your access to the Platform at its discretion including if any information provided is or becomes inaccurate, fraudulent, deceptive or misleading, or if you do not comply with these Terms. Manawanui is not liable to you for any loss or damage incurred by you or anyone else if it changes, restricts, suspends or terminates your Manawanui Account. Manawanui may in its sole discretion, issue warnings to you, warn other Users about your actions or alleged actions or take other steps it considers appropriate.
9 Cancelling Your eMploy Account You may cancel your eMploy Account at any time by sending us an email to support@eMploy.org.nz or message to eMploy Support requesting your account to be cancelled. After your eMploy Account is cancelled, Manawanui can delete or return to you any Content you have provided on the Platform if you wish.
10 Manawanui Access Manawanui may monitor User access to or use of the Platform and may access, use and disclose any use information or Content for the purposes of: operating and improving the Platform; and monitoring and enforcing compliance with these Terms and applicable laws. Manawanui may, at any time, without prior notice, in its discretion take such action as it considers reasonable for the above purposes.
11 Feedback Manawanui would like your feedback on the Platform. Feedback should be by email or use of other contact details or messaging features on the Platform. All information and ideas in any feedback may be freely used by Manawanui for any purpose and the content and copyright in any feedback will, on receipt by Manawanui, be the sole property of Manawanui and you assign to Manawanui all intellectual property rights in all feedback you provide to Manawanui. Feedback can be sent to info@eMploy.org.nz
13 User Content You are responsible for all Content you provide for the Platform (your Content) and will ensure your Content complies with these Terms. Manawanui does not assume responsibility for and does not endorse any Content. You should review your Content regularly to ensure it is accurate, lawful and not misleading. You warrant your Content is accurate; you will remove any inaccuracies in your Content; you own or have all rights, licenses and consents necessary to provide your Content; other authorised Users and Manawanui may use your Content in accordance with these Terms; and your Content and all use of your Content as contemplated by these Terms will not infringe anyone’s intellectual property rights, privacy, or breach any law.
14 Content Licence You agree that Manawanui may use, and you grant to Manawanui a worldwide, irrevocable, perpetual, non-exclusive, assignable, royalty-free license (with the right to sublicense) for your Content. Manawanui may use your Content for all purposes relating to the Platform including advertising, marketing, commercial and other business purposes in any media or platform without notice or payment.
15 Content Use Content on the Platform may be publicly available, available for Users or certain Users only, or retained on the Platform and unpublished, in each case in Manawanui’s discretion. Manawanui may, without prior notice, remove, disable or otherwise alter access to Content for any reason including Content that Manawanui, in its sole discretion, considers to be objectionable for any reason, in breach of these Terms, or otherwise detrimental or harmful to Manawanui, Users other persons or the Platform. If Manawanui removes or restricts access to Content it may do so without notice and without liability to you.
16 Background Checks Manawanui encourages all Users to conduct or request to see background or other checks as may be appropriate for the types of services you intend to provide or obtain. Manawanui may provide Services to assist you getting background or other checks. Manawanui can provide, at its own cost, Ministry of Justice criminal conviction history checks for all Workers. Where a Worker consents to Manawanui obtaining a background check, Manawanui may disclose contents of that check to a Client where Manawanui believes it is necessary to prevent or lessen serious harm. Manawanui does not warrant the contents or results of background checks and all background checks are provided strictly subject to all terms and conditions contained in the relevant terms of service provided to Manawanui or you from the Ministry of Justice, Police or other relevant agency. Manawanui may, but does not have any obligation to, conduct background checks on any User, including, but not limited to, Clients or Workers.
17 No Endorsement Users are required by these Terms to provide accurate information, and although Manawanui may assist with providing additional checks or processes designed to help verify or check the identities or backgrounds of users, Manawanui makes no representations about and does not confirm or endorse any User in any way.
18 Your Interactions With Other Users You make your own decisions about the identity and suitability of all persons you communicate with, meet, or have any other interaction with on or in relation to the Platform. Manawanui recommends you always exercise care when deciding whether to communicate, meet, or have any other interaction with any other User. Manawanui is not responsible for any damage or harm resulting from your interactions with other Users or persons contacted directly or indirectly through the Platform. You agree not to attempt to impose liability on or seek any legal remedy from Manawanui relating to actions or omissions of other Users or third parties.
19 Harassment You agree you will not contact, harass or stalk any User of the Platform, or collect or store any personally identifiable information about any user other than for purposes of legitimately transacting on the Platform in accordance with these Terms. If another Manawanui User requests that you do not continue to contact or communicate with them then you will cease to contact or communicate with them.
20 User Conduct You agree not do any of the following in relation to use of the Platform:
breach any law including, employment, health and safety, immigration or criminal law;
use, access, copy or store any part of the Platform or Content for any commercial or other purposes not expressly permitted by these Terms;
register a Manawanui Account on behalf of a person other than you (except where you are legally authorised to do so or do so with their consent);
impersonate anyone, falsify or misrepresent yourself or your affiliation with anyone;
provide or transmit any false, misleading or deceptive Content or Content that infringes anyone’s intellectual property, privacy or contractual rights; or defame anyone
transmit, distribute, post or submit any Content relating to any other person without their consent, including photographs personal, financial (credit, debit card or account numbers) or other confidential information;
use the Platform in connection with the distribution of unsolicited commercial messages ("spam") or advertisements for your services or services of another person;
provide any Content which is obscene, pornographic or offensive;
promote discrimination, hatred, harassment or harm against any person or group; be violent or threatening or promote violence or actions that are threatening to any other person; or promote illegal or harmful activities or substances;
encourage, or assist any person to do any of the above
21 Reporting Misbehaviour If you believe a User is acting or has acted inappropriately, including but not limited to anyone who engages in disturbing, criminal, offensive, violent or sexually inappropriate conduct, you should immediately report such person to the appropriate authorities. Manawanui will cooperate with all authorities as required by law. Reporting any details of inappropriate activities or actions to Manawanui does not require Manawanui to take any action or cause Manawanui to incur any liability to you.
22 Manawanui not responsible for Users Actions You are solely responsible for all of your communications with other users of the Platform and with other persons with whom you communicate or interact as a result of your use of the Platform, including, but not limited to, any other User. You agree to take reasonable precautions in all communications and interactions with other Users of the Platform and with other persons with whom you communicate or interact as a result of your use of the Platform, including, but not limited to, other Users, particularly if you decide to meet them in person regardless of whether such meetings are organised using the Platform. Manawanui expressly disclaims all liability for any act or omission of any member or other third party.
23 User Acknowledgement Users agree that Manawanui does not act as your advisor or agent and you decide entirely in your discretion who you choose to communicate with, interview, meet or hire. As a User you should obtain your own health and safety, employment, financial, tax and insurance advice in relation to your use of the Platform. Any agreement you enter into with another User is between you and the User and Manawanui is not a party to it. You acknowledge and agree that you are responsible for your own acts and omissions relating to the use of the Platform and any arrangements you make with other Users.
24 Harvesting Users agree not to use the Platform to solicit, recruit or otherwise seek to procure any Worker to join, or provide service for or through, a third party business or service provider, without Manawanui's prior written approval. A Client may only contact Workers identified or introduced through the Platform for the genuine purposes of obtaining help and services sought under a current Job and otherwise in accordance with these terms. Any User who breaches these or related provisions will face in addition to any other action which Manawanui may take, including account suspension or termination),
25 User Obligations Users, not Manawanui, are solely responsible for their obligations under the service agreements they make with other Users. Users agree and understand they are responsible for all terms and conditions under those transactions or agreements and they, and not Manawanui, will be responsible for performing the obligations of any such agreements. Manawanui is not a party to such agreements, and Manawanui disclaims all liability in relation to any such agreements.
26 Ownership The Platform is protected by copyright, trademark, and other laws of New Zealand. You acknowledge and agree that the Platform, including all associated intellectual property rights, are the exclusive property of Manawanui and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform.
27 eMploy Branding All trademarks, service marks, logos, trade names and collateral of eMploy belong to Manawanui and may not be used or reproduced without Manawanui’s prior written agreement.
28 Restricted Use You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Platform, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Manawanui or its licensors, except for the licenses and rights expressly granted in these Terms.
29 Interference With eMploy Manawanui provides its Platform on the basis it will enjoy reasonable public and online access and Manawanui’s business relies on all Users using the Platform for proper purposes. Users agree not to:
enter any false or misleading information into the Platform;
damage or interfere with the Platform or negatively impact User access to the Platform;
access or use any system, the Platform or any Manawanui API to use, expose, or allow to be used or exposed, any Content or any data relating to the Platform that is not publicly displayed or intended to be publically displayed by Manawanui;
access, use, copy, "scrape," "crawl" or "spider" Content or any data relating to the Platform or create or compile, directly or indirectly, a collection, compilation, database, directory or similar using Content or any data relating to the Platform;
access, tamper with, or use non-public areas of the Platform, Manawanui 's computer systems, or the technical delivery systems of Manawanui 's providers; or attempt to probe or test the vulnerability of the Platform, or any Manawanui system or network, or breach any security or authentication measures;
circumvent any technological measure implemented by Manawanui or any of Manawanui 's providers or any other third party (including another user) to protect the Platform;
forge any TCP/IP packet header or any part of the header information in any communication, or in any way use the Platform to send altered, deceptive or false source-identifying information;
re-use or display, mirror or frame any part of the Platform, Manawanui 's name, trademark, logo or other proprietary information, or the layout and design of any page or part of a page;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform; or
encourage or assist any person to do any of the above.
31 No Platform Warranties Manawanui does not warrant that the Platform will meet your requirements, or will be available on an uninterrupted, secure, or error-free basis. The Platform is provided "as is", without warranty of any kind, either express or implied. Without limiting this, Manawanui expressly disclaims any warranties of merchantability or fitness for a particular purpose.
32 No Other Warranties Manawanui makes no warranty regarding the quality of any Content or Users, including the accuracy, timeliness, truthfulness, completeness or reliability of any Content used, seen or otherwise obtained through the Platform. No advice or information, whether oral or written, obtained from Manawanui or through the Platform, will create any warranty not expressly made in these Terms.
33 Indemnity You agree to indemnify, Manawanui and its related companies, and their officers, directors, employees and agents, and keep them harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Platform or your non-compliance with these Terms; your Content; and your interactions with any User.
34 Excluded Liability You agree that to the maximum extent permitted by law, the entire risk arising from your access to and use of the Platform, any contact you have with other Users of eMploy whether in person or online remains with you. Manawanui is not liable for any direct, indirect, incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms, from the use of or inability to use the Platform, from any communications, interactions or meetings with other Users or other persons with whom you communicate or interact as a result of your use of the Platform, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Manawanui has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.
35 Force Majeure Manawanui has no liability for non performance, unavailability or failure of the Platform, or compliance with these Terms (“failures”) if the failures arise from any cause reasonably beyond Manawanui’s direct control.
36 Amendments Manawanui may, in its sole discretion, change the Platform, these Terms, at any time and without prior notice. If we change these Terms, the change will take effect on the earlier of when we post the change on the Platform or otherwise provide you with notice of the change. By continuing to access or use the Platform after we have posted a change on the Platform or have provided you with notice of a change, you are indicating that you agree to be bound by the changed Terms.
37 Entire Agreement These Terms constitute the entire and exclusive understanding and agreement between Manawanui and you regarding the Platform and these Terms supersede and replace any and all oral or written understandings or agreements between Manawanui and you regarding the Platform.
38 Assignment You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Manawanui may assign or transfer these Terms, at its sole discretion, without restriction. These Terms bind the parties, their successors and permitted assigns.
39 Notices Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Manawanui via email (in each case to the address that you provide it) or by posting to the Platform. For notices made by e-mail, the date of receipt will be deemed the date on which the notice is transmitted.
40 Law and Jurisdiction These Terms and your use of the Platform are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.
41 General A failure by Manawanui to enforce any part of these Terms will not constitute a waiver and any enforcement of these Terms is without prejudice to any other remedies available to Manawanui. If a part of these Terms is invalid or unenforceable then that part will be split from the Terms and the remaining Terms will not be affected.
42 Third party beneficiary These Terms do not and are not intended to confer any rights or remedies on any person other than the parties.
43 Contacting Manawanui If you have any questions about these Terms please contact Manawanui at info@eMploy.org.nz
44 No guarantees of job vacancy eMploy gives no guarantee to you of the continued availability of any particular job advertised on the Site and will not be liable to you should an advertiser have filled the vacancy at any time prior to removal of the advertisement from the Site. Whilst eMploy takes efforts to ensure that jobs advertised are for actual job vacancies, it gives no guarantee to you that every job advertisement represents an actual job vacancy.
45 No guarantees or endorsements of sites or services we link to or that link to us eMploy provides links and pointers to Internet sites maintained by third parties from its Site. Such linked sites are not under the control of Manawanui and Manawanui is not responsible for the contents (including the accuracy, legality or decency) of any linked site or any link contained in a linked site. eMploy is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Manawanui of the linked site. Manawanui is not responsible for the copyright compliance of any linked site. Manawanui 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.
46 No guarantees as to the service Manawanui provides no warranty to you that the services generally available through its Site will be uninterrupted or error-free or that defects in the service will be corrected. You also understand that Manawanui cannot and does not guarantee or warrant to you that files available for downloading through the Site or delivered via electronic mail through the Site 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 Site for the reconstruction of any lost data.
47 No guarantees as to security of your information While Manawanui takes all due care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the Internet or while stored on Manawanui systems or on Manawanui's Site ‘eMploy’. Manawanui disclaims all liability to you to the greatest extent possible pursuant to law should this occur.
48 No misrepresentations allowed You agree that it is a condition on your use of the eMploy Site and of any other services provided by Manawanui or through the Site that you will not through any act or omission (including but not limited to creating a profile on the eMploy Site) mislead or deceive others.