Business User T&Cs

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Terms & Conditions for Business Users

By viewing and using the website you are deemed to agree to these terms and conditions of use without qualification. If you do not agree to be bound by these terms and conditions, you must stop accessing and using the website. We reserve the right to change these terms and conditions of use at any time by notifying users of the existence of the amended terms and conditions through the website. By continuing to access the website, you agree to be bound by the amended terms and conditions.

Privacy policy and personal information

You are asked to provide personal information in order to register on the website and to use the service. We maintain a privacy policy. You consent to the release of your personal information to us and third parties in connection with the uses contemplated by the  privacy policy. If you have questions or comments about our privacy policy, please contact us at: business@crackerjacks.co.nz.

Registration and accounts

By registering on the website, you consent to receiving marketing, promotional and other material by way of electronic messages from us. You will ensure that all usernames and passwords required to access the website are kept secure and confidential and you will notify us immediately of any unauthorised use of your password or any other breach of security. You may not transfer your account to another user or maintain more than one account with us without our consent. We may, at our sole discretion, suspend or terminate your account and limit your access to the website.

Users outside New Zealand

The website is operated by Green Tea Solutions Limited (trading as “Crackerjacks”,“Crackerjacks Contracting’’ and “Crackerjacks NZ”) and The Contingent  Limited (“TCL”) from New Zealand. The information on the website may not be appropriate or available for use in other jurisdictions. If you choose to access the website from a jurisdiction other than New Zealand, you do so on your own initiative and you are responsible for compliance with any applicable laws of that jurisdiction.

Copyright and trade marks

The contents of the website are the copyright of Green Tea Solutions or suppliers to us. No part of the website may be distributed or copied for any commercial purpose and you are not permitted to incorporate the material or any part of it in any other work or publication (whether in hard copy, electronic or any other form) without our prior written consent. You may not frame any part of the website material by including advertising or other revenue generating material. Further, you may not remove or alter any trademarks or logos that appear on any material on the website.

Linking

The contents of the website may include links to third party materials. We will not be responsible for the contents of any linked sites or liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with third parties. The linked sites are provided to you only as a convenience, and the inclusion of any linked site does not imply any endorsement of it by us or any association with its operators. We reserve the right to prohibit links to the website and you agree to remove or cease any link upon our request.

Advertising

Any dealings with any advertiser appearing on the website are solely between you and the advertiser or other third party. We are not responsible or liable for any part of any such dealings or promotions.

Communication tools

If you use any communication tools available through the website (such as any forum, chat room or message centre), you agree only to use such communication tools for lawful and legitimate purposes. You must not use any communication tool for posting or disseminating any material unrelated to the use of the website, including (without limitation) offers of goods or services for sale, files that may damage any other person’s computing devices or software, content that may be offensive to any other users of the website, or material or data in violation of any law (including data or other material that is protected by copyright or trade secrets which you do not have the right to use). When you make any communication on the website, you represent that you own the content of the communication. We are under no obligation to ensure that the communications on the website are legitimate and we are not able to monitor communications at all times. We reserve the right to remove any communication at any time in our sole discretion. Please report any objectionable information to us at:  admin@crackerjacks.co.nz.

Prohibited Conduct

You must not do any of the following when you use the website:

  • take any action that in our opinion imposes an unreasonable load on the infrastructure of the website, including but not limited to “spam” or other such unsolicited e-mailing techniques;
  • use the website for any purpose that is unlawful or prohibited by these terms and conditions, including without limitation the posting or transmitting any threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, profane or spam material;
  • copy, collect or save information about other users including without limitation user details, skills, employment or education history, or use the details of other users for anything other than the use expressly permitted by those users;
  • publish advertising material of any kind or market any goods or services directly to other users;
  • attempt to disrupt or interfere with the delivery of the service or the services of our partners and clients;
  • download, access, use, harvest or download in bulk user details or resumes other than in accordance with the terms on the website;
  • sell, redistribute or use information contained on the website for a commercial purpose without our prior written consent; and
  • not circumvent the engagement process on the website so as to avoid paying service fees upon a successful contract engagement of a member through our site.

Exclusion of liability

To the fullest extent permitted by law, we exclude all liability in relation to the website including all express and implied warranties and representations. We will not be responsible for errors or misstatements or be liable, whether in contract, tort (including negligence) or otherwise, for any loss or damage however caused (including direct, indirect, consequential or special loss or damage, or loss of profits, loss of data, loss of savings and loss of opportunity).

Indemnity

You will 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 and conditions.

Terms

We will supply services to you on these terms only (as we may amend them from time to time). The only circumstance where any variation to these terms will apply is where we have expressly agreed in writing to that variation. If there is any conflict with other terms of trade, these terms and conditions will take priority over any other terms of trade.

Price

Our current charges and the services they relate to are set out in the price list.  The price of the services is that stated on the website at the time, unless otherwise expressly agreed in writing by us. All prices exclude goods and services tax (”GST”). We may alter prices without notice. We will publish such amendments on our website at least 14 days prior to them taking effect.

Insurance

You will be able to specify if Professional Indemnity Insurance is required under the terms of the contractor engagement agreement.

When specified, the individual contractor, if approved by the insurer, will be included in TCL’s group scheme to satisfy your request. If the individual is not approved and excluded from cover then you will be notified.

The fee for the contractors Professional Indemnity Insurance cover is included in the contractor’s hourly rate and therefore cover will remain current throughout the contract period.

Invoicing and Payment

We will invoice you as per your preferred billing cycle (weekly, fortnightly or monthly) for the charges for the services we provide you (whether or not you notify us of having received such services). You may be invoiced for charges after the month in which they occur and in such case you remain liable for such charges until they are paid in full. You will pay each invoice by the payment date set out in that invoice (the “due date”). Payment is due fourteen days after the invoice has been sent. You will not withhold payment or make any deductions from any amount you owe us.

Administration services in relation to the engagement, invoicing and payment of contractors will be provided by The Contingent Ltd (“TCL”), Crackerjack’s and the Contractor’s agent.  Invoices at contractors’ rates for time worked and Crackerjacks’ fees will be invoiced to you by TCL as agent.

You agree to provide all necessary information and your preferred billing cycle details to enable contractor timesheets to be processed in a timely, efficient and accurate manner and for contractor payments to be made.

The terms of any contract of engagement between you and a contractor will be consistent with the information and payment terms provided to TCL.

You will be liable for all invoices produced from approved timesheets.

You will notify TCL, within five (5) working days of the receipt of any invoice, of any errors relating to the invoice, otherwise you will be deemed to have accepted such invoice and the amounts shown as being due and payable by you.

TCL will be entitled to charge you an administration fee of $100 in respect of any invoice which needs to be resubmitted to you as a result of an error on your part.  The costs of recovering any overdue invoices, including legal fees and court costs, will be payable by you.

In relation to Crackerjacks’ fees, you will pay the invoice by the payment date stated in the invoice.

Credit Check

If you have requested credit, you give us permission to undertake a credit check on you from time to time for the purpose of deciding whether or not to extend you such credit for purchases from us. If we have extended you a credit facility, you must make payment, of the price and any delivery and insurance charges, upon demand by us (the “due date”).

Overdue Payments

If any amount is owing to us after the due date for payment, we may charge you interest on that amount which will accrue at 2% above the prevailing bank overdraft rate applying to us (as advised by us and subject to variation from time to time). You will pay all costs (including legal costs) incurred by us in collecting or attempting to collect any amounts outstanding.

Performance Rating

You must notify us immediately if you engage any person to undertake contracting work for you where you have been given that person’s details through our website (even if you have obtained that person’s details through another source as well). You will provide reference and performance feedback on that person by phone or email within 10 working days of the close of that person’s contract.

Company Logo

If you are a company, by using the services you are deemed to consent to us using your company name or logo (including any trade mark) for the purpose of the website.

Warranties

We will provide the services in a proper, competent and professional manner. However, we expressly exclude to the fullest extent permitted by law all warranties, descriptions, representations or conditions whether implied by law, trade, custom or otherwise. If you are purchasing the services for a business purpose, you acknowledge that the Consumer Guarantees Act 1993 does not apply.

Limitation of Liability

To the maximum extent permitted by law, our liability, whether in contract, tort or otherwise, for any claim, damages, loss or expense related to the supply by us of services is limited to the cost paid by you for the services. To the maximum extent permitted by law, we will not be liable in any event whether in contract, tort or otherwise for any loss of profits, revenue or anticipated savings or any consequential, indirect or special damage, loss or injury of any kind suffered by you or any other person.

Crackerjacks Contracting gives no guarantees, representations or warranties as to the quality or suitability of any candidate selected through its website.  Any contract between you and a contractor is entered into on the basis of your own judgement and enquiries.  Crackerjacks Contracting will not be responsible for the performance, actions or omissions of a contractor.

Force Majeure

We will not be responsible or liable for any failure to provide the services to the extent such failure is caused by a matter beyond our reasonable control.

Our Rights

If any amount payable by you is overdue, or in our opinion you are likely to be unable to meet your payment; or you are a company and you become bankrupt, insolvent, have a receiver appointed in respect of all or some of your assets, make or are likely to make an arrangement with your creditors, have a liquidator or administrator appointed, are placed under statutory or official management or any equivalent or analogous event occurs or your ownership or effective control is transferred or the nature of your business is materially altered, then all amounts owing to us whether due for payment or not, will immediately become due and payable.

Termination

We may suspend or deactivate your account immediately if you commit a breach under these services terms that is not rectified within 5 working days of email notification of the breach being sent to you. When your account is deactivated you will not be able to receive the services and you will not be able to set up a new account without our consent.

Waiver

If at any time we do not enforce any of these terms or grant you time or other indulgence, we will not be construed as having waived that term or our rights to later enforce that or any other term.

Severability

If any portion of these terms and conditions is deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.

Privacy

Your personal information collected by us is subject to the Privacy Act 1993. That information will be used for purposes related to your trading and dealings (including direct marketing) with us, and our related companies and will be held, used, disclosed, accessed and corrected pursuant to our privacy policy.

Entire Agreement

These service terms together with the website terms and conditions constitute the entire understanding and agreement of the parties relating to the subject matter of these service terms and supersede and extinguish all prior agreements and understandings between the parties relating to the subject matter of these service terms.

General

If at any time we do not enforce any of these terms or conditions or grant you time or other indulgence, we will not be construed as having waived that term or condition or our rights to later enforce that or any other term or condition. Further, if any part or provision of these terms and conditions is deemed to be invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part of provision. The remaining terms and conditions will be binding on the parties.

These terms and conditions are governed by and will be construed in accordance with the laws of New Zealand and you submit to the exclusive jurisdiction of the Courts of New Zealand.

 

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