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These are the terms and conditions (Terms and Conditions) which regulate your use of the website www.changeagent.co.nz (the Website). Please read these Terms and Conditions carefully before using the Website. By using the Website you agree to be bound by the Terms and Conditions. If you do not agree to be bound by the Terms and Conditions you are not permitted to use the Website.
1.2. 'Candidate Information' means information about a Candidate including but not limited to personal details, work experience, skills and qualifications which an Employer may require in order to determine the suitability of the Candidate for an Employment Vacancy, or which is required by law or a professional body in order for the Candidate to perform the work involved in the Employment Vacancy, along with information regarding the willingness of the Candidate to work for the Employer in the role or position advertised.
1.3. 'Employer' means an actual or potential employer or an agent of an employer who has placed details of an Employment Vacancy on our Website.
1.4 ‘Employment Vacancy’ means an actual or proposed role or position, whether temporary or permanent, advertised by an Employer on our Website.
1.5. 'Engagement' means the employment of a Candidate, whether direct or indirect, by an Employer, arranged via our Website in respect of which an Employer becomes liable to pay a Placement Fee to us.
1.6. ‘Job Information' means all information concerning an Employment Vacancy including, but not limited to:
(a) the identity of the Employer and information about their business;
(b) the nature of the work involved in the Employment Vacancy;
(c) the attributes sought in relation to a Candidate for the Employment Vacancy, including details of the experience, qualifications, legal or professional requirements that the Candidate is required to have;
(d) the time period of employment, remuneration, expenses, and other key aspects of the proposed employment contract;
(e) the conditions and location in which the work will be conducted and any health & safety issues that may arise in this environment; and
(f) any other information reasonably requested by us, a Referrer or a Candidate.
1.7. 'our Website' means the website www.changeagent.co.nz.
1.8. 'Placement Fee' means the fee payable by an Employer to us upon an Engagement, calculated according to the placement fee scale.
1.9. 'Referrer' means any party who has agreed to our Terms and Conditions, for the purpose of introducing Candidates to Employers.
1.10 ‘Reward’ means the proportion of the Placement Fee to be paid to the Referrer in accordance with the payment schedule. To view the payment schedule click here.
1.11. ‘We’, ‘our’, ‘ourselves’ and ‘us’ means Change Agent Limited, a duly incorporated company having its registered office at VGA Chartered Accountants, Unit G12, The Zone, 23 Edwin Street, Mt Eden, Auckland, New Zealand.
1.12. ‘You’, ‘your’ and ‘yours’ means the Candidate.
1.13. Words importing the singular numbers include plural and vice versa.
1.14. A reference to a person includes reference to a corporation, firm, trust or unincorporated association.
1.15. A reference to a party to this deed includes a reference to the party and its successors and permitted assigns.
1.16. Words of one gender include the other genders.
2.2. A Referrer will notify you if they believe you are suitable for an Employment Vacancy, and may request that you provide them with the Candidate Information, which the Referrer will pass on to the Employer. You must provide the Candidate Information to the Referrer if you wish to be considered for an Employment Vacancy.
2.3. We make no warranty as to suitability of any Employment Vacancy that a Referrer has suggested may be of interest to you; nor do we make any warranty as to the ability of a Referrer to propose a suitable Employment Vacancy to you.
2.4. The Referrer and the Employer have contractual obligations to keep your Candidate Information totally confidential and to only use the Candidate Information for purposes directly relating to employing you or considering your suitability for an Employment Vacancy.
2.5. In the event that you receive an Engagement, you must advise the relevant Referrer that you have been successful and confirm the band into which your base salary falls prior to the commencement of the Engagement and at the latest on the first day of commencing the Engagement.
2.6. In the event that you receive an Engagement, the Employer will pay the Placement Fee to us. We will pay a proportion of the Placement Fee to the Referrer as a Reward for referring you. You will not have to pay any fee to us, to the Employer, or the Referrer; our service is entirely free of charge to you. As the Placement Fee we receive is calculated from your base salary a Referrer can deduce the band into which your starting base salary falls. However, the Reward that we pay to the Referrer will not enable them to calculate your precise base salary. You confirm that you wish to use our Website and our services upon this basis.
2.7. In order to ensure that our system works fairly and in the interests of Candidates, Referrers, Employers and ourselves you will inform us if you become aware of attempt by any party to make use of our Website whilst circumventing, in whole or part, any fee owing to us.
3.2. You will not provide any misleading or inaccurate information to us, a Referrer or to an Employer.
3.3. You consent to the disclosure of any Candidate Information concerning yourself (including that provided by a third party) to any Employer to whom you have been, or have agreed to be, referred for an Employment Vacancy.
3.4. You acknowledge that the Employer will require certain information in order to ascertain your suitability for an Employment Vacancy and that a Referrer or ourselves may be required to provide certain information to the Employer. You agree to indemnify us in respect of costs, including legal costs, and damages awarded in respect of any claim that you bring against us relating to our provision of Candidate Information to an Employer, that we, acting in good faith, believe, or believed, to be potentially accurate.
3.5. If you have not received all of the Job Information you must endeavour to receive this prior to commencing an Engagement. Your commencement of an Engagement is your warranty that you are aware of all the Job Information and that you are willing to undertake the work required. You acknowledge that we do not control the Referrer or the Employer and we cannot be held liable for any act of negligence, fraud, or misrepresentation that they may commit.
3.6. You will not agree to an Engagement upon which you are required to work away from home unless you have made satisfactory arrangements for travel and accommodation.
3.7. Where an Employment Vacancy requires you to have specific qualifications (whether required by the Employer, by law or a professional body) the Referrer may need to provide to the Employer the following:
(a) copies of your relevant qualifications and authorisations; and
(b) details of two or more persons, who are not relatives of yours, from whom the Referrer may obtain references in respect of yourself; which the Referrer may disclose to a Employer.
You agree to provide the above information to the Referrer upon their reasonable request if you are interested in the relevant Employment Vacancy.
3.8. We are not liable to you for losses, direct or indirect, arising out of acts or omissions of the Referrer, ourselves, or the Employer, except where the law prohibits such limitation.
4.2. A Referrer must agree to our Terms and Conditions before they can input any Candidate Information onto our Website, and these terms include a requirement for a Referrer to have your consent to collect and disclose personal information concerning you, and for them to preserve the confidentiality of any information that is provided to them relating to you, except for the purpose of considering your suitability for an Employment Vacancy.
4.3. Information relating to you will not be transferred to an Employer until such time as they have agreed to our Terms and Conditions and these terms include a requirement for them to preserve the confidentiality of any information that is provided to them relating to you, except for the purpose of considering your suitability for an Employment Vacancy.
4.4. We will not pass information concerning you to any third party without the Referrer confirming that they have your consent and we will not permit a Referrer to transmit information concerning you, via ourselves, to an Employer, until the Referrer has confirmed that they have your permission for this to occur.
4.5. We will preserve your confidentiality. This clause is subject to any legal obligations that we may have, or become subject to (including but not limited to court orders), to disclose information pertaining to you.
4.6. Whilst we have implemented appropriate technical and organisational measures to secure data that is transferred to our Website, you understand that we cannot guarantee the security of our systems and you acknowledge that we are not to be held liable for any loss, whether direct or indirect, arising from the interception of data relating to you by a third party.
4.7. Our Website makes use of cookies. Cookies make it easier for us to log Referrers and Employers onto our Website and also enable us to monitor website traffic and personalise the content of the site for you. You understand that you may reject the use of cookies although this may mean that certain features of our Website will no longer be available to you.
4.8. You acknowledge that during the provision of our services we may need to transfer personal information to persons outside New Zealand, and you consent to such disclosures. You may withdraw or limit this consent at any time, including now, by notifying us at legal@changeagent.co.nz.
4.9. You consent to our provision of information about any product or services that we may, from time to time, offer and you consent to the provision of such information by the medium of email. You can withdraw this consent at anytime, including now, by notifying us at legal@changeagent.co.nz.
5.2. You confirm that you are aware of, and will comply with, all of your legal obligations and you specifically confirm that you will not:
(a) Defame, abuse, harass, threaten or otherwise violate or infringe the rights of any person or entity (including, but not limited to, rights of intellectual property or rights of privacy);
(b) Use our Website (or any part thereof) in a way that may cause our Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of our Website is in any way impaired;
(c) place, cause to be placed, or induce another person to place any link upon another website that connects to our Website without the written permission of a director of Change Agent Limited, save that you may link to the front page of our Website, at the address of our Website without requiring any permission;
(d) remove, distort or otherwise adapt our logo or any aspect of our Website, imply that you, your products, services, or reputation, are in anyway endorsed by us;
(e) suggest that you are in partnership or party to a joint venture with us; or
(f) otherwise misrepresent your relationship with us.
5.3. You are permitted to download materials from our Website for your personal use only, provided that you do not modify, publish, transmit or transfer any of the content of our Website.
5.4. You acknowledge that all the intellectual property rights in our Website and our services including copyright, confidential information and identifying trade names or marks are and will remain the sole property of us.
7.2. We do our best to ensure that our Website operates properly at all times, but we make no warranties as to the availability or accessibility of our Website and we reserve the right to alter any part of our Website at any time and to suspend or withdraw our Website at any time and for any reason. Save as otherwise set out in these Terms & Conditions we shall not be liable for any damage, loss, costs or expenses incurred by you as a result of any lack of availability or accessibility of our Website and any event beyond our reasonable control.
10.2. We do not vet and are not responsible for the content of the advertisements of Employment Vacancies which are posted on our Website. The details and descriptions of the Employment Vacancies are supplied by the Employers advertising the Employment Vacancies. We are not able to verify the accuracy of the content of the advertisements or other information provided to us by Employers. Any information in the advertisements or any information included on our Website is followed by you at your own risk and we do not warrant the accuracy of the content in any respect. We cannot be held liable for any use or reliance you make of or put on it.
10.3 We are not liable for any act or omission of a Candidate in respect of any services that they provide or fail to provide on an Engagement.
10.4 The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon us which can by law (or which can to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on us, our liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.
11.2. We may alter these terms and conditions at any time at our sole discretion. You will be notified of any changes to these terms and conditions via a notice on our Website. If you continue to use our Website and our services after such notice has been given, you will be deemed to have accepted the changed terms and conditions.
Back to Terms & Conditions
1. DEFINITIONS
1.1. 'Candidate' means a person who a Referrer considers might be suitable for an Employment Vacancy.
1.2. 'Candidate Information' means information about a Candidate including but not limited to personal details, work experience, skills and qualifications which an Employer may require in order to determine the suitability of the Candidate for an Employment Vacancy, or which is required by law or a professional body in order for the Candidate to perform the work involved in the Employment Vacancy, along with information regarding the willingness of the Candidate to work for the Employer in the role or position advertised.
1.3. 'Employer' means an actual or potential employer or an agent of an employer who has placed details of an Employment Vacancy on our Website.
1.4 ‘Employment Vacancy’ means an actual or proposed role or position, whether temporary or permanent, advertised by an Employer on our Website.
1.5. 'Engagement' means the employment of a Candidate, whether direct or indirect, by an Employer, arranged via our Website in respect of which an Employer becomes liable to pay a Placement Fee to us.
1.6. ‘Job Information' means all information concerning an Employment Vacancy including, but not limited to:
(a) the identity of the Employer and information about their business;
(b) the nature of the work involved in the Employment Vacancy;
(c) the attributes sought in relation to a Candidate for the Employment Vacancy, including details of the experience, qualifications, legal or professional requirements that the Candidate is required to have;
(d) the time period of employment, remuneration, expenses, and other key aspects of the proposed employment contract;
(e) the conditions and location in which the work will be conducted and any health & safety issues that may arise in this environment; and
(f) any other information reasonably requested by us, a Referrer or a Candidate.
1.7. 'our Website' means the website www.changeagent.co.nz.
1.8. 'Placement Fee' means the fee payable by an Employer to us upon an Engagement, calculated according to the placement fee scale.
1.9. 'Referrer' means any party who has agreed to our Terms and Conditions, for the purpose of introducing Candidates to Employers.
1.10 ‘Reward’ means the proportion of the Placement Fee to be paid to the Referrer in accordance with the payment schedule. To view the payment schedule click here.
1.11. ‘We’, ‘our’, ‘ourselves’ and ‘us’ means Change Agent Limited, a duly incorporated company having its registered office at VGA Chartered Accountants, Unit G12, The Zone, 23 Edwin Street, Mt Eden, Auckland, New Zealand.
1.12. ‘You’, ‘your’ and ‘yours’ means the Candidate.
1.13. Words importing the singular numbers include plural and vice versa.
1.14. A reference to a person includes reference to a corporation, firm, trust or unincorporated association.
1.15. A reference to a party to this deed includes a reference to the party and its successors and permitted assigns.
1.16. Words of one gender include the other genders.
2. THE PROCESS AND OUR SERVICES
2.1. Once a Referrer has registered with us, we offer the Referrer the ability to match Candidates with Employers that advertise on our Website.
2.2. A Referrer will notify you if they believe you are suitable for an Employment Vacancy, and may request that you provide them with the Candidate Information, which the Referrer will pass on to the Employer. You must provide the Candidate Information to the Referrer if you wish to be considered for an Employment Vacancy.
2.3. We make no warranty as to suitability of any Employment Vacancy that a Referrer has suggested may be of interest to you; nor do we make any warranty as to the ability of a Referrer to propose a suitable Employment Vacancy to you.
2.4. The Referrer and the Employer have contractual obligations to keep your Candidate Information totally confidential and to only use the Candidate Information for purposes directly relating to employing you or considering your suitability for an Employment Vacancy.
2.5. In the event that you receive an Engagement, you must advise the relevant Referrer that you have been successful and confirm the band into which your base salary falls prior to the commencement of the Engagement and at the latest on the first day of commencing the Engagement.
2.6. In the event that you receive an Engagement, the Employer will pay the Placement Fee to us. We will pay a proportion of the Placement Fee to the Referrer as a Reward for referring you. You will not have to pay any fee to us, to the Employer, or the Referrer; our service is entirely free of charge to you. As the Placement Fee we receive is calculated from your base salary a Referrer can deduce the band into which your starting base salary falls. However, the Reward that we pay to the Referrer will not enable them to calculate your precise base salary. You confirm that you wish to use our Website and our services upon this basis.
2.7. In order to ensure that our system works fairly and in the interests of Candidates, Referrers, Employers and ourselves you will inform us if you become aware of attempt by any party to make use of our Website whilst circumventing, in whole or part, any fee owing to us.
3. YOUR POSITION
3.1. You will inform the Referrer of any reason why you may be unsuitable for the Employer's
requirements, or if it is detrimental to the interests of the Employer for you to be considered for an Employment Vacancy.
3.2. You will not provide any misleading or inaccurate information to us, a Referrer or to an Employer.
3.3. You consent to the disclosure of any Candidate Information concerning yourself (including that provided by a third party) to any Employer to whom you have been, or have agreed to be, referred for an Employment Vacancy.
3.4. You acknowledge that the Employer will require certain information in order to ascertain your suitability for an Employment Vacancy and that a Referrer or ourselves may be required to provide certain information to the Employer. You agree to indemnify us in respect of costs, including legal costs, and damages awarded in respect of any claim that you bring against us relating to our provision of Candidate Information to an Employer, that we, acting in good faith, believe, or believed, to be potentially accurate.
3.5. If you have not received all of the Job Information you must endeavour to receive this prior to commencing an Engagement. Your commencement of an Engagement is your warranty that you are aware of all the Job Information and that you are willing to undertake the work required. You acknowledge that we do not control the Referrer or the Employer and we cannot be held liable for any act of negligence, fraud, or misrepresentation that they may commit.
3.6. You will not agree to an Engagement upon which you are required to work away from home unless you have made satisfactory arrangements for travel and accommodation.
3.7. Where an Employment Vacancy requires you to have specific qualifications (whether required by the Employer, by law or a professional body) the Referrer may need to provide to the Employer the following:
(a) copies of your relevant qualifications and authorisations; and
(b) details of two or more persons, who are not relatives of yours, from whom the Referrer may obtain references in respect of yourself; which the Referrer may disclose to a Employer.
You agree to provide the above information to the Referrer upon their reasonable request if you are interested in the relevant Employment Vacancy.
3.8. We are not liable to you for losses, direct or indirect, arising out of acts or omissions of the Referrer, ourselves, or the Employer, except where the law prohibits such limitation.
4. YOUR PRIVACY
4.1. You acknowledge that you have read, understood and agreed to the terms of our Privacy
Policy. You acknowledge and agree that the terms of our Privacy Policy are incorporated
into and form part of these terms and conditions.
4.2. A Referrer must agree to our Terms and Conditions before they can input any Candidate Information onto our Website, and these terms include a requirement for a Referrer to have your consent to collect and disclose personal information concerning you, and for them to preserve the confidentiality of any information that is provided to them relating to you, except for the purpose of considering your suitability for an Employment Vacancy.
4.3. Information relating to you will not be transferred to an Employer until such time as they have agreed to our Terms and Conditions and these terms include a requirement for them to preserve the confidentiality of any information that is provided to them relating to you, except for the purpose of considering your suitability for an Employment Vacancy.
4.4. We will not pass information concerning you to any third party without the Referrer confirming that they have your consent and we will not permit a Referrer to transmit information concerning you, via ourselves, to an Employer, until the Referrer has confirmed that they have your permission for this to occur.
4.5. We will preserve your confidentiality. This clause is subject to any legal obligations that we may have, or become subject to (including but not limited to court orders), to disclose information pertaining to you.
4.6. Whilst we have implemented appropriate technical and organisational measures to secure data that is transferred to our Website, you understand that we cannot guarantee the security of our systems and you acknowledge that we are not to be held liable for any loss, whether direct or indirect, arising from the interception of data relating to you by a third party.
4.7. Our Website makes use of cookies. Cookies make it easier for us to log Referrers and Employers onto our Website and also enable us to monitor website traffic and personalise the content of the site for you. You understand that you may reject the use of cookies although this may mean that certain features of our Website will no longer be available to you.
4.8. You acknowledge that during the provision of our services we may need to transfer personal information to persons outside New Zealand, and you consent to such disclosures. You may withdraw or limit this consent at any time, including now, by notifying us at legal@changeagent.co.nz.
4.9. You consent to our provision of information about any product or services that we may, from time to time, offer and you consent to the provision of such information by the medium of email. You can withdraw this consent at anytime, including now, by notifying us at legal@changeagent.co.nz.
5. YOUR USE OF THE WEBSITE
5.1. You confirm that you are over the age of 18 years old and have legal standing to enter into
a contractual relationship with us.
5.2. You confirm that you are aware of, and will comply with, all of your legal obligations and you specifically confirm that you will not:
(a) Defame, abuse, harass, threaten or otherwise violate or infringe the rights of any person or entity (including, but not limited to, rights of intellectual property or rights of privacy);
(b) Use our Website (or any part thereof) in a way that may cause our Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of our Website is in any way impaired;
(c) place, cause to be placed, or induce another person to place any link upon another website that connects to our Website without the written permission of a director of Change Agent Limited, save that you may link to the front page of our Website, at the address of our Website without requiring any permission;
(d) remove, distort or otherwise adapt our logo or any aspect of our Website, imply that you, your products, services, or reputation, are in anyway endorsed by us;
(e) suggest that you are in partnership or party to a joint venture with us; or
(f) otherwise misrepresent your relationship with us.
5.3. You are permitted to download materials from our Website for your personal use only, provided that you do not modify, publish, transmit or transfer any of the content of our Website.
5.4. You acknowledge that all the intellectual property rights in our Website and our services including copyright, confidential information and identifying trade names or marks are and will remain the sole property of us.
6. LINKS
6.1. You understand that we may, in some circumstances and at our sole discretion, allow third parties to place links upon our Website. You acknowledge that the provision of such links upon our Website does not provide any endorsement by us of such websites, or the information, materials, products or services promoted upon them, nor is the provision of any link upon our Website indicative of any particular business relationship with the party to whose website the link is attached.
7. ACCESS
7.1 From time to time, we may restrict access to some parts of our Website, or the entire Website.
7.2. We do our best to ensure that our Website operates properly at all times, but we make no warranties as to the availability or accessibility of our Website and we reserve the right to alter any part of our Website at any time and to suspend or withdraw our Website at any time and for any reason. Save as otherwise set out in these Terms & Conditions we shall not be liable for any damage, loss, costs or expenses incurred by you as a result of any lack of availability or accessibility of our Website and any event beyond our reasonable control.
8. TERMINATION
8.1 Without limiting our other remedies, we reserve the right to suspend or cancel your right to use our Website and/or our services at any time and for any reason, including without limitation, where you are in breach of these Terms and Conditions or where we have reasonable grounds to believe that you have breached these Terms and Conditions.
9. INDEMNITY
9.1. You hereby indemnify us and agree to keep us indemnified against any and all claims,
damages, losses, liabilities and costs arising from and in connection with your use and
abuse of our Website and/or our services or your breach of these Terms and Conditions, whether such claims are brought by you, a Referrer, an Employer or any third party.
10. LIABILITY
10.1. Whilst we have prepared the content of our Website in good faith and with reasonable care and skill, we make no representation and give no warranty (express or implied) about any of the content of our Website (including, but not limited to, any representation as to the quality, accuracy, completeness or fitness for any particular purpose of such content). Whilst we shall try to keep the material on our Website up to date, we shall not be liable to you or to any other party for any delays, errors or omissions in doing so.
10.2. We do not vet and are not responsible for the content of the advertisements of Employment Vacancies which are posted on our Website. The details and descriptions of the Employment Vacancies are supplied by the Employers advertising the Employment Vacancies. We are not able to verify the accuracy of the content of the advertisements or other information provided to us by Employers. Any information in the advertisements or any information included on our Website is followed by you at your own risk and we do not warrant the accuracy of the content in any respect. We cannot be held liable for any use or reliance you make of or put on it.
10.3 We are not liable for any act or omission of a Candidate in respect of any services that they provide or fail to provide on an Engagement.
10.4 The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon us which can by law (or which can to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on us, our liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.
11. ENTIRE AGREEMENT
11.1. These terms and conditions constitute the entire agreement between you and us.
11.2. We may alter these terms and conditions at any time at our sole discretion. You will be notified of any changes to these terms and conditions via a notice on our Website. If you continue to use our Website and our services after such notice has been given, you will be deemed to have accepted the changed terms and conditions.
12. SEVERABILITY
12.1. If any provision or part of a provision of this contract is held invalid, unenforceable or illegal
for any reason, this contract and any remainder of the provision shall remain otherwise in
full force apart from that part of the provision which shall be deemed deleted.
13. JURISDICTION
13.1. The parties agree that this contract shall be governed by and construed in accordance with
the laws of New Zealand and subject to the non exclusive jurisdiction of the New Zealand
Courts at the court of competent authority closest to our registered office.
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