Terms of Use - Jobstars
This Agreement was last modified on 13 January 2021.
This User Agreement describes the terms and conditions which you accept by using the Jobloads Platform including the Website and App as well as any Company Services. We have incorporated by reference some linked information.
1. Application of terms
1.1 These Terms apply to your use of the Service (as that term is defined below) to find and apply for jobs or interact with your employer.
1.2 If you are using the Service to post Job Listings, hire Verified Jobstars and/or manage your relationship with Verified Jobstars, our Jobloads Terms of Use for Employers at www.jobloads.co.nz/terms-of-use-employer that apply to your use of the Service.
1.3 By setting up an account to apply for jobs, clicking I agree or accessing and using the Service, you confirm that you:
a agree to these Terms;
b are over the age of 16;
c hold a valid mobile number and a functioning mobile phone able to receive texts;
d are entitled work in New Zealand; and
e are able to perform legally binding contracts.
1.4 If you do not agree to these Terms or meet the requirements set out in clause 1.3 above, you are not authorised to access and use the Service, and you must immediately stop doing so.
2. Changes
2.1 We may change these Terms at any time by notifying you of the change by email or by posting a notice on the Website. Unless stated otherwise, any change takes effect from the date set out in the notice. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Service from the date on which the Terms are changed, you agree to be bound by the changed Terms.
2.2 These Terms were last updated on [13th January 2021].
3. Interpretation
In these Terms:
Acceptable Use Policy means our acceptable use policy set out at set out at www.jobloads.co.nz/acceptable-use-policy
Confidential Information means any information that is not public knowledge and that is obtained from the other party in the course of, or in connection with, the provision and use of the Service. Our Confidential Information includes Intellectual Property owned by us (or our licensors), including the Jobloads Software. Your Confidential Information includes the Data.
Data means all data, content, and information (including personal information) owned, held, used or created by you or on your behalf that is stored using, or inputted into, the Service, including all content, data and information contained in any Job Feedback posted by you.
Force Majeure means an event that is beyond the reasonable control of a party, excluding:
▲ an event to the extent that it could have been avoided by a party taking reasonable steps or reasonable care; or
▲ a lack of funds for any reason.
including and similar words do not imply any limit.
Intellectual Property Rights includes copyright and all rights existing anywhere in the world conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trade marks and designs, circuit layouts, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity. Intellectual Property has a consistent meaning, and includes any enhancement, modification or derivative work of the Intellectual Property.
Job Feedback has the meaning given in clause 9.1.
Job Listing means a listing made by employers on the Service seeking labour services from Verified Jobstars.
Jobloads Software means the software owned by us (and our licensors) that is used to provide the Service.
Loss includes 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.
Objectionable includes being objectionable, defamatory, obscene, harassing, threatening, harmful, or unlawful in any way.
a party includes that party’s permitted assigns.
a person includes an individual, a body corporate, an association of persons (whether corporate or not), a trust, a government department, or any other entity.
personal information means information about an identifiable, living person.
personnel includes officers, employees, contractors and agents.
Service means the service having the core functionality described on the Website, as the Website is updated from time to time.
Terms means these terms titled Jobstar terms of use.
Underlying Systems means the Jobloads Software, IT solutions, systems and networks (including software and hardware) used to provide the Service, including any third party solutions, systems and networks.
User ID means a unique name and/or password allocated to you to allow you to access the Service.
Verified Jobstar means a user that has been verified in accordance with clause 5.
We, us or our means Jobloads Limited, company number 7455097.
Website means the internet site at https://jobloads.co.nz/, https://app.jobloads.co.nz/ or such other site notified to you by us.
You or your means you, the person applying for jobs through the Service.
Words in the singular include the plural and vice versa.
A reference to a statute includes references to regulations, orders or notices made under or in connection with the statute or regulations and all amendments, replacements or other changes to any of them.
4. About Jobloads
4.1 Jobloads is a digital labour supply platform that allows individuals to offer their labour services and gives employers access to a pre-verified workforce. Jobloads enables employers and potential employees to connect, thrive, and work with mana together.
4.2 The Service enables you to apply for jobs from employers who have uploaded Job Listings on the Service, sign employment agreements directly with those employers and submit online timesheets. There are no charges for you to use the Service.
4.3 We are not a party to any contractual arrangements between users and do not represent any employer. We merely administer and provide the Service for users to connect and transact with each other. If you decide to enter into an employment agreement with an employer, the employment agreement is directly between you and the employer and we are not a party to that agreement.
4.4 We will use reasonable efforts to provide the Service:
a in accordance with these Terms and New Zealand law;
b exercising reasonable care, skill and diligence; and
c using suitably skilled, experienced and qualified personnel.
4.5 Our provision of the Service to you is non-exclusive. Nothing in these Terms prevents us from providing the Service to any other person.
4.6 Subject to clause
4.7 we will use reasonable efforts to ensure the Service is available 24/7. However, it is possible that on occasion the Service may be unavailable to permit maintenance or other development activity to take place, or in the event of Force Majeure. We will use reasonable efforts to publish on the Website advance details of any unavailability.
4.7 Through the use of web services and APIs, the Service interoperates with a range of third party service features. We do not make any warranty or representation on the availability of those features. Without limiting the previous sentence, if a third party feature provider ceases to provide that feature or ceases to make that feature available on reasonable terms, we may cease to make available that feature to you. To avoid doubt, if we exercise our right to cease the availability of a third party feature, you are not entitled to any refund, discount or other compensation.
5. Verification
5.1 To apply for a job listed on the Service, you must be a Verified Jobstar. We may, at our sole discretion, approve you as a Verified Jobstar. Our verification requirements are as follows:
a You must:
i provide copies of identification documents such as your passport, birth certificate and/or driver’s licence for the purposes of verifying your identity and establishing your right to work in New Zealand;
ii at our request, provide further information to us, which may include your date of birth and/or other information that will allow us to reasonably identify you; and
iii provide a headshot for your user profile, which can be viewed by the employer when you apply for a job through a Job Listing.
b You authorise us to:
i directly or through third parties, to make any inquiries we consider necessary to verify your identity; and
ii update your user profile on the Service to reflect the identity documentation provided and to confirm that we have verified your identity.
5.2 Once you are a Verified Jobstar, we will notify you via email and you will be able to apply for jobs through Job Listings.
5.3 We may suspend or restrict your access to the Service at any time if we are unable to verify your identity.
6. Our Obligations
6.1 You must:
a use the Service in accordance with these Terms solely for lawful purposes (including complying with the Unsolicited Electronic Messages Act 2007); and
b not resell or make available the Service to any third party, or otherwise commercially exploit the Service.
6.2 You must provide true, current and complete information in your dealings with us (including when setting up a user profile), and must promptly update that information as required so that the information remains true, current and complete.
6.3 You must keep your User ID secure and:
a not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
b immediately notify us if you become aware of any unauthorised use or disclosure of your User ID, by sending an email to kiaora@jobloads.co.nz.
6.4 You must notify us immediately if an employer attempts to employ you outside of the Service.
6.5 When accessing the Service, you must:
a comply with our Acceptable Use Policy;
b not impersonate another person or misrepresent authorisation to act on behalf of others or us;
c correctly identify the sender of all electronic transmissions;
d not attempt to undermine the security or integrity of the Underlying Systems;
e not use, or misuse, the Service in any way which may impair the functionality of the Underlying Systems or impair the ability of any other user to use the Service;
f not attempt to view, access or copy any material or data other than:
i that which you are authorised to access; and
ii to the extent necessary for you to use the Service in accordance with these Terms; and
g neither use the Service in a manner, nor transmit, input or store any Data, that breaches any third party right (including Intellectual Property Rights and privacy rights) or is Objectionable, incorrect or misleading; and
h unless with our agreement, access the Service via standard web browsers and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction, monitoring or input method.
6.6 You are responsible for procuring all licences, authorisations and consents required for you to use the Service, including to use, store and input Data into, and process and distribute Data through, the Service.
7. Data
7.1 You acknowledge that:
a we may require access to the Data to exercise our rights and perform our obligations under these Terms; and
b to the extent that this is necessary but subject to clause 12, we may authorise a member or members of our personnel to access the Data for this purpose.
7.2 You must arrange all consents and approvals that are necessary for us to access the Data as described in clause 7.1.
7.3 You acknowledge and agree that:
a we may:
i use Data and information about your use of the Service to generate anonymised and aggregated statistical and analytical data (Analytical Data);
ii use Analytical Data for our internal research and product development purposes and to conduct statistical analysis and identify trends and insights; and
iii supply Analytical Data to third parties;
b our rights under clauses 7.3aii and 7.3aiiiabove will survive termination or expiry of these Terms; and
c title to, and all Intellectual Property Rights in, Analytical Data is and remains our property.
7.4 While we will take standard industry measures to back up all Data stored using the Service, you agree to keep a separate back-up copy of all Data uploaded by you onto the Service.
7.5 You indemnify us against any liability, claim, proceeding, cost, expense (including the actual legal fees charged by our solicitors) and loss of any kind arising from any actual or alleged claim by a third party that any Data infringes the rights of that third party (including Intellectual Property Rights and privacy rights) or that the Data is Objectionable, incorrect or misleading.
7.6 You will also take all necessary action to defend and indemnify us and our officers and employees against all costs, expenses and damages incurred in connection with any claim brought by a third party against us arising from a breach by you of any of these Terms.
8. Communication with Other users
8.1 You may communicate with other users of the Service through the communication channels provided on the Service.
8.2 We may use information such as your name, location, display or username, and/or your image to provide the communication channels on the Service.
8.3 You must comply with our Acceptable Use Policy when communicating with other users on the Service.
9. Job feedback and Mana Gauge
9.1 You may provide feedback relating to site and/or working conditions on a job you have worked on, and employers may provide feedback, ratings and/or a mana gauge score relating to your performance on a job (Job Feedback).
9.2 We generally do not review Job Feedback for accuracy or reliability. Job Feedback is based solely on unverified data that users voluntarily submit to us and does not constitute and will not be construed as an introduction, endorsement, or recommendation by us. We provide such information solely for the benefit of users of the Service.
9.3 To protect the integrity of the feedback system and protect users from abuse, we reserve the right (but are under no obligation) to remove posted Job Feedback that, in our sole judgment, negatively affects the Service, diminishes the integrity of the feedback system, is Objectionable or is otherwise inconsistent with our business interests.
9.4 You acknowledge and agree that you will notify us of any error or inaccurate statement in your Job Feedback, and that if you do not do so, we may rely on the accuracy of such information.
9.5 We may restrict or suspend your access to and use of the Service if we, in our sole discretion, are concerned with any Job Feedback posted by or about you.
10. Intellectual Property
10.1 Subject to clause 10.2, title to, and all Intellectual Property Rights in, the Service, the Website, and all Underlying Systems is and remains our property (and our licensors’ property). You must not contest or dispute that ownership, or the validity of those Intellectual Property Rights.
10.2 Title to, and all Intellectual Property Rights in, the Data (as between the parties) remains your property. You grant us a worldwide, non-exclusive, fully paid up, transferable, irrevocable licence to use, store, copy, modify, make available and communicate the Data for any purpose in connection with the exercise of our rights and performance of our obligations in accordance with these Terms.
10.3 To the extent not owned by us, you grant us a royalty-free, transferable, irrevocable and perpetual licence to use for our own business purposes any know-how, techniques, ideas, methodologies, and similar Intellectual Property used by us in the provision of the Service.
10.4 If you provide us with ideas, comments or suggestions relating to the Service or Underlying Systems (together feedback):
a all Intellectual Property Rights in that feedback, and anything created as a result of that feedback (including new material, enhancements, modifications or derivative works), are owned solely by us; and
b we may use or disclose the feedback for any purpose.
10.5 You acknowledge that the Service may link to third party websites or feeds that are connected or relevant to the Service. Any link from the Service does not imply that we endorse, approve or recommend, or have responsibility for, those websites or feeds or their content or operators. To the maximum extent permitted by law, we exclude all responsibility or liability for those websites or feeds.
11. Privacy
When you provide personal information to us, we will comply with the New Zealand Privacy Act 2020 and with our privacy policy set out at www.jobloads.co.nz/privacy-policy
12. Confidentiality
12.1 You must treat all information available and otherwise provided through the Service as strictly confidential, and may only use that information for the purpose of applying for jobs, providing labour services and communicating with other users through the Service.
12.2 Confidential Information expressly includes contact details of each user, but does
13. Disclaimers
13.1 You acknowledge and agree that you are solely responsible for assessing whether to enter into an employment agreement with an employer.
13.2 To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
a any Job Listing;
b any employment or other relationship established through the Service;
c any act or omission of any employer or breach by an employer of their employment agreement with you;
d your reliance on the quality, accuracy, or reliability of Job Feedback;
e the Service being unavailable (in whole or in part) or performing slowly;
f any error in, or omission from, any information made available through the Service;
g any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Service. To avoid doubt, you are responsible for ensuring the process by which you access and use of the Service protects you from this; and
h any site linked from the Service, including any Job Listing. Any link on the Service to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, or services.
13.3 All employment through the Service is carried out entirely at your own risk. We exclude to the fullest extent permitted by applicable law all liability for any Loss arising out of or in any way connection with any employment arrangements you enter into through the Service.
13.4 Without limiting clause 13.3:
a you rely on information provided by other users at your own risk;
b you acknowledge we do not, control, inspect, endorse, approve or check the availability, condition or nature of any advertised jobs or the accuracy, currency, truth or completeness of the information provided by employers and it is your responsibility to do so; and
c it is your responsibility to take any other necessary precautions before signing an employment agreement with an employer through the Service.
14. Liability
14.1 To the maximum extent permitted by law:
a you access and use the Service at your own risk;
b we exclude all warranties and representations in relation to the Service (including in any content on the Website) whether express, implied, statutory or otherwise and we will not be responsible for any errors or misstatements in the Website; and
c we are not liable or responsible to you or any other person for any Loss (including direct, indirect, or special loss or damage, loss of profits, loss of data (including Data), and loss of opportunity) under these Terms or in connection with the Service. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
14.2 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 under consumer protection law, our liability is limited to NZD$10.
15. Suspension and Termination
15.1 Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms, the Acceptable Use Policy or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Service (or any part of it).
15.2 Termination of these Terms does not affect either party’s rights and obligations that accrued before that termination.
15.3 No compensation is payable by us to you as a result of termination of these Terms for whatever reason.
15.4 Except to the extent that a party has ongoing rights to use Confidential Information, at the other party’s request following termination of these Terms, a party must promptly return to the other party or destroy all Confidential Information of the other party that is in the first party’s possession or control.
15.5 Without limiting any other right or remedy available to us, we may restrict or suspend your access to and use of the Service and/or delete, edit or remove the relevant Data if we consider that you have:
a undermined, or attempted to undermine, the security or integrity of the Service or any Underlying Systems;
b used, or attempted to use, the Service:
i for improper purposes; or
ii in a manner, other than for normal operational purposes, that materially reduces the operational performance of the Service;
c transmitted, inputted or stored any Data that breaches or may breach these Terms or any third party right (including Intellectual Property Rights and privacy rights), or that is or may be Objectionable, incorrect or misleading; or
d otherwise materially breached these Terms.
16. General
16.1 Neither party is liable to the other for any failure to perform its obligations under these Terms to the extent caused by Force Majeure.
16.2 No person other than you and us has any right to a benefit under, or to enforce, these Terms.
16.3 For us to waive a right under these Terms, that waiver must be in writing and signed by us.
16.4 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. You may give notice to us under or in connection with these Terms by emailing kiaora@jobloads.co.nz.
16.5 These Terms, and any dispute relating to these Terms or the Service, 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 the Service.
16.6 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 7.5, 10, 12, 14, 15.2 to 15.5 and 16.5, continue in force.
16.7 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 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.
16.8 Subject to clause 2.1, any variation to these Terms must be in writing and signed by both parties.
16.9 These Terms set out everything agreed by the parties relating to the Service, and supersede and cancel anything discussed, exchanged or agreed prior to the Start Date. The parties have not relied on any representation, warranty or agreement relating to the Service that is not expressly set out in these Terms, and no such representation, warranty or agreement has any effect from the Start Date.
16.10 You may not assign, novate, subcontract or transfer any right or obligation under these Terms without our prior written consent, that consent not to be unreasonably withheld. You remain liable for your obligations under these Terms despite any approved assignment, subcontracting or transfer.