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ABC Media Limited - Terms of Service
WITNESSETH: That for the considerations and covenants hereinafter specified below, the parties do for themselves, their successors, and assigns mutually agree: All headings incorporated herein are for information purposes only and are not intended to, and will not affect any legal interpretation of the terms herein.
1. Definitions: "Account-Password" means: A user selected password that provides the Subscriber access to the job posting or resume posting areas. "Authorised User" means: A person who the Subscriber has authorised to use the system under the direct supervision of the Subscriber.
"JobSearch.co.nz" means: ABC Media Limited.
"Content" means: Information, communication, software, photos, video, graphics, music, sounds and other materials collectively.
"Email Name" means: A name used by a Subscriber that identifies a particular Subscriber.
"Company Name" A Company represented by a Subscriber.
"Subscriber" means: the person or entity that is bound by this Agreement and meets all qualification of the terms and conditions of this Agreement.
"User Ability" means: The Subscriber or Authorised User's ability to post either available jobs or a resume.
2. General Provisions:
(a) ABC Media Limited provides Internet Job and Resume posting services to Subscriber's, which term includes any Authorised User, subject to the terms and conditions of this Agreement which comprises the entire agreement between JobSearch.co.nz and Subscriber, superseding any prior oral or written agreements. Additionally, Subscriber acknowledges and understands that additional terms and conditions may be imposed on Subscriber in other areas of service, third-party content, or database content.
(b) ABC Media Limited may change the terms and conditions of this Agreement at any time. Such change shall take effect thirty (30) days after the notice is to be posted on this webpage, and shall include the effective date. Subscriber agrees to review the JobSearch.co.nz TOS periodically. In the event Subscriber does not agree with any change of the TOS, Subscriber may discontinue the User Ability provided by this Agreement. Continued use of JobSearch.co.nz services beyond the effective date of any change of TOS constitutes acceptance of all terms and conditions of the modified TOS.
3. Subscriber Obligation:
(a) Subscriber certified that he/she is at least eighteen (18) years of age; and that all verbal or on-line registration information provided JobSearch.co.nz is accurate, complete, and current.
(b) Subscriber acknowledges that: Subscriber will receive (i) an Account user name, (ii) and account password.
(c) Subscriber's are authorised to access ABC Media Limited internet site in an individual capacity, and may not permit another individual or entity to use the Subscriber's password for posting jobs or resumes.
(d) Subscriber agrees to refrain from posting any content that would be considered vulgar or inappropriate.
(e) Billing rates for JobSearch.co.nz services, that are not contained in this Agreement are detailed in the
Pricing Schedule
contained in this website.
(f) Charges for services are due in advance for the period billed. Subscriber's billed on credit cards (cards which are acceptable to JobSearch.co.nz) will also be billed in advance for the period billed.
(g) Any Employer, Staffing Agency or Third Party HR group posting positions on ABC Media Limited site acknowledges our "One Job Title - One Posting" rule. Failure to abide by this policy by posting multiple position openings on a single job posting will result in cancellation of the posting and forfeiture of all posting fees paid. ABC Media Limited will give violators 24 hours to correct the listing or it will be removed from the database.
4. Filtering Policy:
(a) JobSearch.co.nz reserves the right to filter or alter, in its sole discretion, any content ABC Media Limited deems inappropriate for viewing.
5. Internet Content & Copyright Information:
(a) Subscriber acknowledges that: JobSearch.co.nz does not own the Internet and is not a content provider, and that all Content on the Internet is supplied by others, which Content is wholly beyond the control of JobSearch.co.nz; Subscriber shall use JobSearch.co.nz service at their own risk; and Subscriber is solely and entirely liable for all activities of Subscriber, including any Authorised User on the Account.
(b) Subscriber acknowledges that: Content downloaded may contain viruses or other programs designed to harm, interrupt, or compromise programs or files on Subscriber's computer(s). Subscriber agrees to employ current and updated virus-checking software, and to have a verified back-up of programs and files necessary to properly and accurately recover from a virus or other loss of data.
6. Subscriber Conduct; Certain Acts Prohibited: Subscriber agrees that the following acts of Subscriber or any Authorised User are prohibited and that Subscriber shall not: post, transmit, or promote any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially or ethnically offensive, or otherwise objectionable Content; harass, threaten, embarrass, cause distress, unwanted attention, or discomfort upon another Subscriber or user of the services provided by JobSearch.co.nz; post, transmit, promote, link, or facilitate the distribution of sexually explicit or other Content which is deemed by JobSearch.co.nz to be inappropriate or offensive; disrupt the normal flow of dialogue in a chat room or on a message board or otherwise act in a manner that negatively affects other users of the Internet; impersonate any person or entity, including but not limited to an ABC Media Limited employee, a forum leader, guide or host, or communicate under a false name or a name that the Subscriber is not entitled or authorised to use, or impersonate a minor; post or transmit a chain letter or pyramid scheme; post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation to any user of the Internet, except in those areas that are expressly designated for such a purpose; collect or harvest email names of other users of the service without permission; "spamming" which can be described as the use of (and/or appearing to use) the service for sending unwanted and unsolicited electronic email messages; or transmit any communication or solicitation designed or intended to obtain any password, account, or private financial information from any user of the Internet; access, attempt to access, or tampering with JobSearch.co.nz servers and equipment in any unauthorised manner; violate any law, provision, operating rule, policy, or guideline of JobSearch.co.nz, or any other interactive service; or violate any applicable local, state, national, international, or foreign law, or rules or regulations having the force of law. Subscriber Information:
(a) ABC Media Limited, to the best of it's ability, has taken measures to prohibit unauthorised access to Subscriber account information, including Subscriber's name, address, telephone numbers, e-mail addresses, email messages, billing information, credit information, passwords, and credit card numbers.
ABC Media Limited will not release this information to any third-party, except at the Subscriber's direction, or as required by law, court order, subpoena, or criminal investigation by a law enforcement agency. JobSearch.co.nz does not represent that its efforts cannot be defeated or circumvented.
(b) Subscriber acknowledges that information released by the Subscriber to a third-party on the Internet is beyond the control of JobSearch.co.nz. Subscriber understands that disclosure of information (i.e. email address, telephone number, address, place of work, and other personal information) to any third-party should be done with caution. Subscriber and any Authorised User shall not at any time disclose any Account-Password to any third-party, or verbally to ABC Media Limited, its employees, agents, representatives, or assigns.
8. Collection of Information; ABC Media Limited does not retain information, except under special circumstances, on chat rooms, oral on-line communication, or records with whom the Subscriber communicated with in chat rooms.
9. ABC MEDIA LIMITED LIABILITY; DISCLAIMER OF WARRANTY; AND INDEMNIFICATION: JOBSEARCH.CO.NZ MAKES NO EXPRESS OR IMPLIED WARRANTIES AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION AS TO JOBSEARCH.CO.NZ SERVICE, SOFTWARE, INTERNET, OR THEIR MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. SUBSCRIBER ACKNOWLEDGES AND AGREES: THAT JOBSEARCH.CO.NZ DOES NOT OWN THE INTERNET, IS NOT A CONTENT PROVIDER, DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCT, CONTENT, OR SERVICE OFFERED THROUGH THE INTERNET, AND SUCH CONTENT, PRODUCT, AND SERVICE IS WHOLLY BEYOND THE CONTROL OF JOBSEARCH.CO.NZ; JOBSEARCH.CO.NZ PROVIDES ITS SERVICE TO THE INTERNET ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR SUBSCRIBER'S PERSONAL OR BUSINESS USE. JOBSEARCH.CO.NZ MAKES NO REPRESENTATIONS THAT INTERNET ACCESS WILL AT ALL TIMES BE AVAILABLE; THAT SUBSCRIBER ASSUMES ALL RISKS OF LOSS OR DAMAGE; THAT ANY AFFIRMATION OF FACT OR ROMISE MADE BY JOBSEARCH.CO.NZ SHALL NOT BE DEEMED TO CREATE ANY EXPRESS OR IMPLIED WARRANTY; SUBSCRIBER IS NOT RELYING ON JOBSEARCH.CO.NZ SKILL OR JUDGMENT IN SELECTING ANY PARTICULAR SERVICE SUITABLE FOR ANY PURPOSE; AND THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THOSE ON THE FACE OF THIS AGREEMENT. HOWEVER, SUBSCRIBER UNDERSTANDS AND AGREES THAT IN THE EVENT JOBSEARCH.CO.NZ SHOULD BE FOUND LIABLE FOR LOSS OR DAMAGE DUE FROM JOBSEARCH.CO.NZ FAILURE TO PERFORM ANY OF ITS OBLIGATIONS CONTAINED WITHIN THIS AGREEMENT IN ANY RESPECT WHATSOEVER, JOBSEARCH.CO.NZ LIABILITY SHALL BE LIMITED TO A SUM EQUAL TO TEN (10%) PERCENT OF THE SERVICE CHARGE OR TWO HUNDRED FIFTY ($250.00) DOLLARS, WHICHEVER IS GREATER, AS LIQUIDATED DAMAGES, NOT AS A PENALTY; AND THIS REMEDY SHALL BE EXCLUSIVE, IRRESPECTIVE OF CAUSE OR ORIGIN FOR ANY DAMAGE, DIRECT OR INDIRECT TO PERSONS OR PROPERTY, FROM PERFORMANCE OR NONPERFORMANCE OF THE OBLIGATIONS IMPOSED BY THIS AGREEMENT. IN THE EVENT ANY THIRD-PARTY TO THIS AGREEMENT MAKES ANY CLAIM OR FILES ANY ACTION AGAINST ABC MEDIA LIMITED, SUB-SCRIBER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS JOBSEARCH.CO.NZ FROM ANY AND ALL SUCH CLAIMS AND ACTIONS AND SHALL PAY ALL COSTS OF SUCH CLAIM OR ACTION, INCLUDING BUT NOT LIMITED TO ALL DAMAGES, EXPENSES, COSTS, AND ATTORNEYS FEES. SUBSCRIBER ADDITIONALLY AGREES TO WAIVE RIGHT OF SUBROGATION, AND AGREES NOT TO PARTICIPATE WITH SUBSCRIBER'S INSURANCE COMPANY IN ANY ACTION AGAINST ABC MEDIA LIMITED.
10. Service Termination:
(a) Either party may terminate the service under this Agreement by giving the other party thirty (30) day advance written notice by way of email. Subscriber understands and agrees that termination of service is Subscriber's sole remedy with respect to any service dissatisfaction with ABC Media Limited.
(b) Notwithstanding paragraph (a) of this section, ABC Media Limited may, without liability, terminate service without further notice in the event Subscriber violates any of the terms or conditions contained herein, and ABC Media Limited shall not be obligated to refund to Subscriber any unearned portion of prepaid fees.
11. Determination, Venue, and Non-Waiver: Any judicial or other determination nullifying or declaring unenforceable any clause or condition herein shall not affect the remainder of this Agreement, which shall remain in full force and effect. This Agreement is performable in Palmerston North, New Zealand, and venue involving any action in this Agreement shall be performed in Palmerston North, New Zealand. In the event ABC Media Limited fails to enforce any breach of agreement, policy, or rule, it shall not be deemed to create a waiver of such enforcement in the future.
12. Privacy / Security: ABC Media Limited reserves the right to correct system errors using means, including but not limited, to examining logs and other records, accessing an account mailbox, or other various means necessary to ensure proper functioning of systems. ABC Media Limited does not guarantee the security of any email or other data on the system including that transmitted using secure servers. JobSearch.co.nz assumes no liability for the loss of private or confidential information or material. Subscribers should be aware that no computer system/network is safe from system failures or intrusions by unauthorised parties, and therefore no sensitive material should be passed through or stored in the network. JobSearch.co.nz will endeavour to provide the latest security measures.
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