Crackerjacks

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 and Crackerjacks NZ Limited 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 Limited and Crackerjacks NZ Limited 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 a success fee 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.

Legal entitlement to work in New Zealand

To create a contractor profile on Crackerjacks you must be legally entitled to work in New Zealand.  This means you must either be a New Zealand Citizen or Permanent Resident or have a Visa that permits you to legally work in New Zealand.

Criminal convictions

If you have had any criminal convictions you are required to notify us of these before joining Crackerjacks as a contractor.  If this requirement is not met Crackerjacks has the right to delete the non-compliant contractor’s profile.

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.