These terms and conditions are the contract between you and Fresh Plan Limited (“us”, “we”, etc) owner of the website Work Weka. By visiting or using Our Website, or signing up for our Services, you agree to be bound by them.
We are Fresh Plan Limited, a company registered in New Zealand. Our address is 29 Mitcham Road, Allenton, Ashburton 7772
These are the agreed terms
means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you. It does not include content that is solicited by us either for maintenance of customer records or with a view to submission to third parties in the course of our business.
“CV” or “resume”
means curriculum vitae, a summary of your personal information and history relevant to a prospective employer. It is also referred to by many people as a resume or profile.
means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including property of kinds coming into existence after today; and including, among others, patents, trade marks, unregistered marks, designs, copyrights, software, domain names, discoveries, compilations, creations and inventions, together with all rights which are derived from those rights.
means Content Posted by a Recruiter in the style regulated by Our Website, to advertise for a prospective jobseeker. As a verb it also refers to the action of placing such Content.
“Jobseeker” or “candidate”
means a person registered to use Our Website and/or our Services to find work.
means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us or any member of the Fresh Plan group of companies. It includes all of the web pages controlled by us.
means place on or into Our Website any Content or material of any sort by any means.
“Recruiter” or “employer”
means a person who posts a job vacancy on Our Website.
means all of the services available from Our Website, whether free or charged.
In this agreement unless the context otherwise requires:
- a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.
- a reference to a person includes reference to that person’s successors, legal representatives, permitted assigns and any person to whom rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that person.
- in the context of permission, “may not” in connection with an action of yours, means “must not”.
- the headings to the paragraphs and schedules (if any) to this agreement are inserted for convenience only and do not affect the interpretation.
- any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
- this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3. Basis of Contract
- Our Website is a market place for Jobseekers to meet prospective recruiters and the vice versa.
- We do not offer the Services in all countries. We may refuse your Posting if you live in a country we do not serve.
- Use of Our Website may be unlawful in some countries by some people. You are responsible for your compliance with the laws of your country.
- In entering into this contract you have not relied on any representation or information from any source except the definition and explanation of the Services given on Our Website.
- Subject to these terms and conditions, we agree to provide to you some or all of the Services and products described on Our Website at the prices we charge from time to time.
- Some of our Services are now or may in future, be available to you only subject to additional terms. Those terms will be set out on Our Website. You now agree that if you choose to use any such service, the relevant terms will become part of this agreement.
- We are not a party to any transaction between Recruiter and Jobseekers.
- Access by you to Our Data is limited in order to prevent mis-use of Our Website. If you require access to Our Data greater than we have allowed to you, please contact us.
- You acknowledge that you understand exactly what is included in the Services and you are satisfied that the Services are suitable and satisfactory for your requirements.
- The contract between us comes into existence only when we write to you to confirm that we agree to provide to you the Service you want. Your payment does not create a contract. If we decline to provide a Service we shall immediately return your money to your credit card.
- If we give you free access to a Service or feature on Our Website which is normally a charged feature, and that Service or feature is usually subject to additional contractual terms, you now agree that you will abide by those terms.
- At law, we are not a recruiter of any person who advertises for work on Our Website.
- If you become aware of any unauthorised use of your account, you will tell us immediately. You accept that you are responsible for all uses of Our Website whether or not authorised by us.
- We may change this agreement and / or the way we provide the Services, at any time. If we do:
- the change will take effect when we Post it on Our Website.
- you agree to be bound by any changes.
- if you make any payment for Services or goods in the future, you will do so under the terms Posted on Our Website at that time.
4. The price
- The prices payable for Services are clearly set out on Our Website.
- The price charged for any Service may differ from one country to another. You may not be entitled to the lowest price unless you reside in the qualifying country.
- Prices are inclusive of any applicable goods and services tax or other sales tax.
- All monies paid by you to us are non-refundable and cancellation and/or termination of this agreement by you or us at any time for any reason will not entitle you to a refund of monies paid.
5. Renewal payments
- At least two weeks before expiry of the period for which you have paid, we shall send you a message to your last known email address to tell you that you licence to use the Services is shortly to expire and to invite you to renew. An invoice for the new period will be included.
- At any time before expiry of your subscription, you may use the “My Account” tab on Our Website to access your personal information and change your requirements for Services.
- At expiry of your Work Weka subscription we shall automatically take payment from your credit card of the sum specified on the invoice sent earlier and shall confirm the renewal of your Work Weka subscription for a further period by sending you an email message.
6. Security of your credit card
We take care to make our Website safe for you to use.
- Card payments are not processed on a page controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
- If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.
7. How we handle your data
- If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control who sees it nor what anyone does with it.
- Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
- We have no specific plan to use your Content but we need the freedom to be able to publicise our Services. You therefore now irrevocably grant to us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, in the public domain and in any medium. You represent and warrant that you are authorised to grant all such rights.
- We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
- You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1994 as amended.
- Posting Content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
- You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
- You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
- We do not solicit ideas or text for improvement of our Service, but if you do send to us material of any sort, you are deemed to have granted to us a licence to use it in the terms set out at sub paragraph five (7.5) above.
8. Restrictions on what you may Post to Our Website
We invite you to Post Content to Our Website in several ways and for different purposes. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law. These provisions apply to all users of Our Website.
We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can.
You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:
- be unlawful, or tend to incite another person to commit a crime;
- consist in commercial audio, video or music files;
- be obscene, offensive, threatening, violent, malicious or defamatory;
- be sexually explicit or pornographic;
- use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement;
- link to any of the material specified in this paragraph;
- promote or endorse illegal activities, or provide instructions or information about illegal activities or other activities prohibited by these terms.
9. Security of Our Website
You will not:
- link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
- use any automated system to identify Jobseekers;
- download any part of Our Website, without our express written consent;
- collect or use any Jobseeker listings, service descriptions, or prices;
- for any purpose use our name, any proprietary information (including images, text, page layout, or form) of ours or of our affiliates in any way and in particular to entice search robots to some other website;
- hide or remove the banner advertisements on any page of Our Website;
- use on Our Website software which assists in performing any automated operation.
10. Storage of data
- We may, from time to time, set a limit on the number of messages you may send, store, or receive through the Service. We may delete messages in excess of that limit. We shall give you notice of any change to your limit, except in an emergency.
- We assume no responsibility for the deletion or failure to store or deliver email or other messages.
- You accept that we cannot be liable to you for any such deletion or failure to deliver to you.
- We maintain reasonable procedures for general backup of data for our own purposes but we give no warranty that your data will be saved or backed up in any particular circumstances unless we have made specific contractual arrangements with you in writing.
11. Job Posting
We may, in our sole discretion, remove any Job Posting . You may not post a job which:
- does not comply with applicable local, national and international laws.
- is located in a country subject to economic sanctions by New Zealand;
- advertises, promotes or links to any competitor of ours;
- advertises or sells any product or service;
- requires an up front or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;
- seeks employees for jobs of a sexual nature;
- endorses a particular political party, political agenda, political position or issue;
- promotes a particular religion;
- requires the applicant to provide information relating to his/her:
- racial or ethnic origin;
- political beliefs;
- philosophical or religious beliefs;
- membership of a trade union;
- physical or mental health;
- sex life or gender;
- commission of criminal offences or proceedings;
- contains hyperlinks, other than those specifically authorised by us;
- contains the name, logo or trademark of any organisation other than that of you or your client.
- seeks applicants for more than one type of work.
12. Recruiter: access to CVs and other data
We now grant a licence to you to access Our Data and copy or, if we make provision, download, Jobseeker particulars. The licence is:
- limited to use by you to copy only that Content which is directly relevant to a specific vacancy within your organisation;
- for use only in connection with the employment of some person;
- subject to your taking all reasonable and appropriate steps to protect Our Data;
You agree that you will not:
- disclose Our Data in part or full to any third party, except to your client if you are a recruitment agency, staffing agency, advertising or other agency recognised by us;
- share access to Our Data or make it available in any way to any other person;
- use Our Data for any purpose other than as a recruiter seeking employees;
- make unsolicited contact with any CV owner except through Our Website and in accordance with the procedures we promote.
- If you or we terminate your account, all your account information may be deleted from our servers.
- You may terminate this agreement at any time, for any reason, with immediate effect. You may terminate the agreement either by sending notice to us by post or email, or by completing the form on Our Website and submitting it. We reserve the right to check the validity of any request to terminate your account.
- We retain the right, at our sole discretion, to terminate any and all parts of the Services provided to you, without refunding to you any fees paid if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement.
- Termination by either party shall have the following effects:
- your right to use the Services immediately ceases;
- we are under no obligation to forward any unread or unsent messages to you or any third party.
- In the event of such termination by us, we will within seven days refund to you the balance of your subscription outstanding for any Service, pro rata with time not elapsed. There shall be no re-imbursement or credit if the Service is terminated due to your violation of the terms of this agreement.
14. Interruption to Services
- If it is necessary for us to interrupt the Services, we will give you reasonable notice where this is possible and when we think the down time is such as to justify telling you.
- You acknowledge that the Services may also be interrupted for many reasons beyond our control.
- You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the Services.
15. Intellectual Property
You agree that at all times you will:
- not do anything which does or might reduce the value of our Intellectual Property or challenge our ownership of it.
- notify us of any suspected infringement of the Intellectual Property.
- so far as concerns software provided or made accessible by us to you, you will not:
- copy, or make any change to any part of its code;
- use it in any way not anticipated by this agreement;
- give access to it to any other person than you, the licensee in this agreement.
- not use the Intellectual Property except directly in our interest.
16. Removal of offensive Content
- For the avoidance of doubt, this paragraph is addressed to any person who visits on Our Website for any purpose.
- We are under no obligation to monitor or record the activity of any user of Our Website for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
- If you are offended by any Content, the following procedure applies:
- your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
- we shall remove the offending Content as soon as we are reasonably able;
- after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
- we may re-instate the Content about which you have complained or we may not.
- In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
- you now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
17. Disclaimers and limitation of liability
- The law differs from one country to another. This paragraph applies so far as the applicable law allows.
- All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
- Our Website and our Services are provided “as is”. We make no representation or warranty that the Service will be:
- useful to you;
- of satisfactory quality;
- fit for a particular purpose;
- available or accessible, without interruption, or without error.
- We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
- We make no representation or warranty and accept no responsibility in law for:
- accuracy of any Content or the impression or effect it gives;
- delivery of Content, material or any message;
- privacy of any transmission;
- third party advertisements which are posted on Our Website or through the Services;
- the conduct, whether online or offline, of any user of Our Website or the Services;
- failure or malfunction of computer hardware or software or technical equipment or system connected directly or indirectly to your use of the Services;
- loss or damage resulting from your attendance at an event organised through Our Website or the Services;
- any act or omission of any person or the identity of any person who introduces himself to you through Our Website.
- You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Services concerned.
- We shall not be liable to you for any loss or expense which is:
- indirect or consequential loss; or
- economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
- This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to ourselves.
- If you become aware of any breach of any term of this agreement by any person, please tell us by email. We welcome your input but do not guarantee to agree with your judgement.
- Except in the case of death or personal injury, our total liability under this agreement, however it arises, shall not exceed the sum of $1,000. This applies whether your case is based on contract, tort or any other basis in law.
18. You indemnify us
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
- your failure to comply with the law of any country;
- your breach of this agreement;
- any act, neglect or default by any agent, employee, licensee or customer of yours;
- a claim in contract or tort, arising from your use of the Services
- any content you place on your own website which causes loss to us;
- any data you send or upload to Our Website for storage or any other purpose;
- a breach of the intellectual property rights of any person;
- any use of Our Website for a purpose beyond the scope of this agreement;
- and for the purpose of this paragraph you agree that the cost of our management and technical time is properly recoverable and can reasonably be valued at $100.00 per hour without further proof.
- Although this agreement shall be interpreted in accordance with the laws of New Zealand, software downloaded from or via Our Website may also be subject to export control law of the United States of America or other jurisdictions. If you breach those laws you will have committed an offence in that or those countries. By downloading or using such software, you now represent and warrant that you are not located in, under the control of, or a national or resident of any such country.
19. Miscellaneous matters
- You undertake to provide to us your current land address, e-mail address, telephone number as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this contract.
- If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
- Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
- No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
- you agree that we may disclose your information including assigned IP numbers, account history, account use, etc. to any judicial or proper legal authority who makes a written request without further consent or notification to you.
- Any communication to be served on either Party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
It shall be deemed to have been delivered:
- if delivered by hand: on the day of delivery;
- if sent by post to the correct address: within 72 hours of posting;
- If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
- In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
- This agreement does not give any right to any third party.
- Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control, including any labour dispute between a party and its employees.
- In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
- The validity, construction and performance of this agreement shall be governed by the laws of New Zealand.