Welcome to Getaflex – New Zealand’s online market place for quality flexible and part-time work. Please read these terms and conditions (Terms) carefully before accessing or using the information and services made available by Getaflex Limited (Company Registration Number 6393532) (Getaflex) through the Getaflex website www.getaflex.co.nz (Website).
For the purposes of these Terms both registered users and authorised employers are referred to as ‘you’. Getaflex is referred to as ‘us and we’.
The Terms apply to your use of the Website and the provision of services by us to you. Where you are acting on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s or entities behalf. If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.
Use of Getaflex content
Copyright in the material on the Website is owned by us unless otherwise indicated, and you agree not to infringe our intellectual property rights. Information contained on the Website is for personal use only and may not be sold, redistributed or used for any commercial purpose. You may not modify, copy, reproduce, republish, or distribute in any way any material from the Website, including code. You may not use screen scraping, data mining, or similar automated data gathering or extraction tools on the Website, except with our prior written consent.
You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.
You may not use the Website in any way which is unlawful, illegal, fraudulent or harmful, including in any manner that is defamatory, obscene, threatening, or violates the privacy, or other personal rights of others.
You are prohibited from violating, or attempting to violate the security of the Website, including to submit a virus, Trojan horse, or other malicious computer software. You may not cause, or attempt to cause damage to the Website, or impairment of the availability of the Website. Users may not transmit or send unsolicited commercial communications via the Website.
Information on our website
You acknowledge and agree that:
- information published by us is intended to provide general information, and we do not warrant the accuracy, reliability, completeness, or timeliness of such information; and
- the Website may contain inaccuracies or typographical errors.
We do not endorse or recommend any of the jobs advertised on the Website and we strongly recommend that prior to entering into any agreement, you obtain your own independent legal, accounting, or financial advice as appropriate.
In no event will we be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any information contained on or omitted from the Website.
We shall not be responsible for any employment decisions made by any person or entity posting jobs on the Website.
We give no guarantee to you of the continued availability of any particular job advertised on the Website.
Employers may request to post jobs on the Website, however, agreement for any job post is made at our sole discretion. There is no charge for posting jobs on the Website.
To become a registered user and be able to access the Website to search for advertised jobs you must be 18 years of age or older. You must also set up an account with us, specifying your user name and password, and pay the current monthly subscription charge. The current monthly subscription charge is clearly stated on the registration page when you submit your billing information.
There will be an automatic renewal of your subscription at the end of each calendar month (30 days). You are responsible for cancelling your account, and you will not receive a refund for partial usage of your subscription.
Login name and password
Registered users are responsible for maintaining the confidentiality of their account, login name and password. You may not share your login name or password or any other account access information with any other party, and you are entirely responsible for any and all activities that occur under your login name. You must immediately notify us if you become aware of any unauthorised use or disclosure of them, by sending an email to firstname.lastname@example.org.
You indemnify us against all claims, losses, damages and expenses, including without limitation legal and accounting expenses, incurred or suffered by us as a direct or indirect result of a person or entity accessing and using the Website by utilising your login name and password.
Use of your information
We welcome ideas and feedback from you about all aspects of the Website. You agree that we may reproduce, distribute, and publicly display any materials and other information that you submit to any public areas of the Website (such as blogs, forums) or by email to us.
We provide no warranty that the Website will be uninterrupted or error-free or that its servers are free of computer viruses or other harmful mechanisms. We cannot guarantee that files available for downloading through the Website or delivered via electronic mail through the Website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for satisfying your requirements for accuracy of data input and output.
Linked Internet websites
We provide links to other websites operated by third parties for your convenience, and this does not indicate our endorsement of the linked website. We are not responsible for the contents (including the quality, accuracy or legality) of any linked website and will not be liable for any damages or loss arising in connection to any information or third party service.
Registered users can cancel their subscription at any time. By cancelling your subscription, your account and all related information will be removed from the Website. As stated above there will not be any refund for partial usage of your subscription.
If you are not satisfied with the service we have provided you, you can request a refund within 30 days of account cancellation. You will be refunded full payment of the most recent billed month.
Breach of Terms
If you breach these Terms, we may take appropriate action to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, and/or bringing court proceedings against you.
You agree to indemnify us and hold us harmless against any claims, losses, damages and expenses, including without limitation legal and accounting expenses, incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions.
To the maximum extent permitted by law:
- you access and use the Website at your own risk; and
- we are not liable or responsible to you or any other person for any loss (including loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis) under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD100.
If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or our Website.
For us to waive a right under these Terms, the waiver must be in writing.
Clauses which, by their nature, are intended to survive termination of these Terms continue in force.
If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.