ecemploy Website Terms of Use

1. Applicability and agreement to terms

1.1 By registering with or using the Website, you accept these Terms of Use and are bound by them.  If you do not accept these Terms of Use, you should not use the Website.

 

2. Who's Who

2.1 In these Terms of Use:

"We", "us", and "our" are references to the Early Childhood Council;

"You" and "your" are references to you.  You may be an employer or a person seeking employment.

 

3. Amendments to these Terms of Use

3.1 We may amend these Terms of Use in whole or in part from time to time.  Amendments will be effective immediately when we post the amended Terms of Use on the Website.  You are responsible for ensuring you are familiar with the latest Terms of Use.  By continuing to use the Website, you agree to be bound by the Terms of Use as amended (whether or not you have received any amendments).

 

4. Intellectual property rights

4.1 IP rights in Website

We (and our licensors or suppliers, as the case may be) own all intellectual property rights in the Website, including all of the content of the Website (such as text, graphics, logos, icons and sound recordings) and all software code underlying and forming part of the Website, other than content you upload.

4.2 Your right to use the Website

(a) If you are seeking employment you may view, save, copy and print any part of the Website (including the content of the Website) for your personal use only in seeking employment.  If you are an employer you may view, save, copy and print any part of the Website (including the content of the Website) for your business purposes only to identify candidates for employment. 

(b) You must obtain written permission from us to otherwise use, copy, modify, or distribute any part of the Website (including the content of the Website) in any way.  If you wish to use any third party material identified as such on the Website you must obtain the prior consent of the relevant owner.  This includes the content of websites you access via links from the Website.  If you would like to use any part of the Website (other than saving, copying and printing any part of the Website for personal use), please contact ceo@ecc.org.nz.

4.3 Content you upload

You undertake that you have all necessary rights to upload to the Website any material you upload, including without limitation CVs, position descriptions and employment advertisements.

 

5. ACCEPTABLE USE

5.1 Compliance with law

You agree to use the Website in a manner that complies with all applicable laws and regulations and that does not infringe our rights, nor the rights of anyone else, nor restricts or inhibits their use and enjoyment of the Website.  In particular, you will use the content featured on the Website strictly in good faith for advertising for prospective employees for your business or organisation or looking for employment for yourself only (as applicable) and for no other purposes.

5.2 Our liability for content posted by users

(a) Without limiting clause 5.1 above, we accept no responsibility and disclaim (to the extent permitted by law) all liability for any content posted on the Website by anyone other than us.

(b) We reserve the right to remove any content posted on the Website by any user if, in our absolute discretion, we consider such content to be defamatory, offensive, degrading or otherwise inappropriate to be on the Website.

5.3 Linking

You agree not to create a link to the Website without our express prior permission.

5.4 Unsolicited email

Publication of email addresses on the Website should not be taken as deemed consent to receiving unsolicited email.  Persons or organisations wishing to send email material to individuals or organisations whose email addresses appear on the Website must comply with the requirements of the Unsolicited Electronic Messages Act 2007.

5.5 Our rights and remedies

Without limiting any other rights and remedies available to us, if we believe you have breached or are in breach of these Terms of Use, we may:

(a) limit your activities on the Website;

(b) issue a warning to you; and

(c) suspend or cancel your access to the Website.

5.6 General indemnity

You agree to indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these Terms of Use, or arising out of any content or item you transmit, link to or make available.

 

6. PAYMENT

6.1 Employers Placing Advertisements

Payment to place vacancy advertisements is to be made on line.  Any queries can be directed to admin@ecc.org.nz

6.2 Accurate information

You warrant that you have provided complete, accurate and current personal information when registering as a member to use the Website.  You must maintain and update your personal information held by us to ensure it is kept current at all times.  We may phone or mail you to verify these details.  You must not register under multiple identities or personas (whether false or not). 

6.3 Security of your login information

Once you register on the Website, you must keep all usernames and passwords secure and confidential and must not disclose them to any third party.  You must take reasonable care to:

(a) choose a password that is a secret known only to you which cannot be easily guessed;

(b) not disclose your password to anyone;

(c) not allow anyone to see your password or have the opportunity to see it or record it when you enter it on a computer; and

(d) change your password at regular intervals.

6.4 Compromise of passwords

You must immediately change your password and notify us if:

(a) you believe the secrecy of your password or the security questions which you answered has been compromised; or

(b) you become aware of any unauthorised use of your username or password.

6.5 Effect of using username and password

You agree that we are entitled to rely on the authenticity and authority of your username, password and session-specific codes generated by your hardware device to process actions or requests you submit to the Website and that we may do so without further enquiry.

6.6 Responsibility for membership

You are responsible for any actions taken through your membership or use of the Website.  Memberships are not transferable and therefore cannot be sold, leased, lent, or traded.

6.7 Termination of membership

We may decline to register, suspend, or terminate your membership (including your logon) without notice and without entering into discussions with you.  Without limiting the foregoing, we may suspend or terminate your membership if a serious complaint or multiple complaints are received about you from other members, if you breach these terms and conditions, if you impersonate another member, or if we, at our sole discretion, deem your behaviour to be unacceptable.  Members who have registered under multiple aliases will have all of their aliases disabled.  If we suspend or terminate your membership, you must not create another one without our prior approval.

 

7. CONSUMER GUARANTEES ACT 1993

7.1You agree that, where you acquire products or services from us for the purposes of a business, any provisions of the Consumer Guarantees Act 1993 which would otherwise apply to the supply by us of those products or services do not apply.

 

8. Our liability

8.1 Not liable for user content

The information, tools and templates provided on the Website should not be your only resource when you are seeking employment or looking for candidates for employment.  We are not responsible or liable in any way for the content users upload and make no representations about the accuracy or completeness of user content, including CVs, position descriptions and employment advertisements.  Use of the Website does not guarantee that you will find employees or employment. 

8.2 Reasonable care

We will use reasonable endeavours to ensure:

(a) the availability of the Website subject to any downtime for maintenance; and

(b) the information and tools provided on the Website are reliable, up-to-date, complete and accurate at the time of publishing.

8.3 No liability

The Website is provided on an "as is" and "as available" basis. You agree that, to the maximum extent permitted by law:

(a) any and all of our liability and responsibility to you or any other person:

(i) under or in connection with these Terms of Use; or

(ii) in connection with the Website (including any errors in or omissions from the Website), any goods or services provided on or through the Website, another member's acts or omissions, or your use of or inability to use, the Website (including any loss or corruption of data),

is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise;

(b) our liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss; and

(c) we disclaim and exclude all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement.

 

9. Resolution of disputes

9.1 Except to the extent you need to contact us to inform us of any breach of these Terms of Use, you agree not to involve, or attempt to involve us, in any dispute or in the resolution of disputes that arises between you and another member.

9.2 If you wish to notify us of any dispute you have with us, you should contact ceo@ecc.org.nz.

 

10. Privacy statement

10.1 You have the right under the Privacy Act 1993 to access and request to update and/or correct any personal information about you held on the website.

10.2 External links:  The Website contains links to external websites.  We are not responsible for the privacy policies of any such external websites.

 

11. General

11.1 No waiver

If we do not exercise or enforce any right available to us under these Terms of Use, it does not constitute a waiver of those rights.

11.2 Entire agreement

These Terms of Use constitute our entire agreement and supersede all prior agreements, arrangements, understandings and representations (whether oral or written) given by or made between us, relating to the subject matter of these Terms of Use.

11.3 Remedies cumulative

The rights and remedies provided in these Terms of Use are cumulative and not exclusive of any rights or remedies provided by these Terms of Use or law.

11.4 Severance

If any provision of these Terms of Use become or is held to be illegal, invalid or unenforceable in any respect, that provision shall be read down to the extent necessary to make it legal, valid and enforceable or, if it cannot be read down, be deemed severed from these Terms of Use.  Neither such change shall affect the legality, validity and enforceability of the other provisions of these Terms of Use.

11.5 Governing law

The Website and these Terms of Use is governed by the laws of New Zealand.  When you access the Website, you submit to the exclusive jurisdiction of the New Zealand courts.