1. BACKGROUND

1.1. Starf Limited ("Rogerjob") a company incorporated in New Zealand, is the exclusive licencee of an Internet-based platform owned by HR People Limited that enables a person seeking employment ("a Jobseeker") with (the "employer" and/or the "recruitment agency") to have access to a RMS/ATS (provided by Starf to the employer and or recruitment agency) via the media of:

(a) an Internet web-site (or web-sites); and

(b) a physical call centre operated by Rogerjob or its agents or appointees;

1.2 A Jobseeker is introduced to Rogerjob in the following ways:

(a) by registering on an employer or recruitment agency client branded website ("portal") as being available for job vacancies;

(b) by entering an employer or recruitment agency client branded website and applying for an advertised job vacancy;

(c) by sending an email or letter direct to an employer or recruitment agency client applying for a job vacancy or seeking employment;

(d) by entering Rogerjob.com and applying for a job advertised on a job board by an employer or recruitment agency client.

1.3 Any Jobseeker accepting these terms will have been introduced to the Rogerjob RMS/ATS by contact with an employer or recruitment agency client of Rogerjob or by entering Rogerjob.com and applying for a job advertised on a job board by an employer or recruitment agency client.

1.4 Rogerjob will hold all information submitted by a Jobseeker regardless of how the jobseeker is introduced to Rogerjob. For example information submitted by a Jobseeker via a client branded portal is held by Rogerjob.

1.5 Rogerjob also provides services to employer and recruitment agency clients in connection with employment of Jobseekers and Jobseekers authorise Rogerjob to use their personal information for these purposes and by accepting these terms give authority for Rogerjob to do things like reference checking on behalf of an employer or recruitment agency client.

1.6 Irrespective of how a Jobseeker is introduced to Rogerjob every Jobseeker will be required to accept these terms before their registration, enquiry or application for a job vacancy is accepted by an employer or recruitment agency client.

1.7 The terms and conditions on which Rogerjob offers its services to the Jobseeker are set out in this document.


2. SERVICES

2.1. Rogerjob offers the following services to a jobseeker:

(a) employer and recruitment agency contact with employers and recruitment agencies, via Rogerjob.com, its client branded websites and by way of telephone email or text messages generated by mobile telephone.

(b) storage of information provided in an electronic form by a Jobseeker to Rogerjob and of electronic information coming into Rogerjob's database via a client branded portal or via an employer or recruitment agency client.

2.2 Rogerjob does not promise:

2.2.1 registration of a Jobseeker with Rogerjob.com will result in an inquiry or offer of employment from an employer;

2.2.2 registration or enquiry with an employer or recruitment agency client or application for a job vacancy will result in an offer of employment from an employer.

2.2.3 an interested Employer will negotiate in good faith with a Jobseeker.


3. ROGERJOB'S CHARGES

3.1. Rogerjob does not charge Jobseekers introduced to Rogerjob a registration fee or any fee for the services referred to at paragraph 2.1 of these terms.

3.2. Costs of mobile phone calls and text messaging are between a Jobseeker and their mobile phone supplier.

3.3 Rogerjob receives a benefit in return for providing the services at paragraph 2.1 of these terms to a Jobseeker by having access to information they have provided via an employer or recruitment agency portal and because of the RMS/ATS and services it is able to offer its employer and recruitment agency clients.


4. CONTROL AND PROTECTION OF INFORMATION

4.1 Acquisition, Retention and Disclosure of Information by Rogerjob

4.1.1 A Jobseeker authorises Rogerjob and :

(a) to collect and store any information provided by a Jobseeker; and

(b) to collect and store information provided by a Jobseeker via a client branded portal; and

(c) to collect and store information provided by a Jobseeker to its employer or recruitment agency clients; and

(d) to collect and store information relevant to employment or suitability for employment or for a particular job vacancy provided by any other person about a Jobseeker; and

(e) to contact any person or agency (including any credit reference agency, criminal enforcement agency or former employer) for the purpose of obtaining information about a Jobseeker that may be relevant to a Jobseeker's efforts to obtain employment; and

(f) to collect and store any information obtained pursuant to sub-paragraph (e) above.

(g) to disclose information provided by a Jobseeker or about the Jobseeker as set out in paragraph 4.1.2.

4.1.2 Rogerjob undertakes not to disclose to any person or entity any information provided by the Jobseeker or collected about a Jobseeker (in the ways referred to at paragraph 4.1.1) except:

(a) information provided by a Jobseeker when registering with an employer or recruitment agency client will also be held by that client and may be made available to other employer and recruitment agency clients who are interested or might be interested in the Jobseeker;

(b) information provided by a Jobseeker when applying for a job vacancy advertised on a job board at Rogerjob.com will be made available to the employer or recruitment agency client who has created the job vacancy;

(c) that a Jobseeker permits Rogerjob to do so; or

(d) that reasonably allows Rogerjob to carry out any of the services provided to a Jobseeker or any additional service requested by a Jobseeker; or

(e) that Rogerjob is obliged to disclose such information by law.

4.1.3 A Jobseeker specifically authorises Rogerjob to retain any information collected about the Jobseeker until the Jobseeker requires Rogerjob to delete or destroy that information, provided Rogerjob shall not be required to delete or destroy any information:

(a) that it is required by law to retain;

(b) prior to the expiry of a six month period after the commencement of such employment, where a Jobseeker is employed by an employer to whom s/he has been introduced to by or through Rogerjob or via a client branded portal;

(c) that may, in Rogerjob's opinion, be relevant to any dispute that is pending or anticipated between Rogerjob and any third party until such dispute has been finally resolved.

4.1.4 A Jobseeker who is introduced to Rogerjob by any method referred to in paragraph 1.2 of these terms specifically authorises Rogerjob to delete or destroy information stored by Rogerjob about the Jobseeker once any recruitment process the Jobseeker has engaged in is completed by the Jobseeker being offered a job, by the Jobseeker withdrawing form the process or by the employer rejecting the Jobseeker as a candidate for the job vacancy.

4.1.5 The Jobseeker acknowledges that once personal information about the Jobseeker has been provided to an employer or recruitment agency client Rogerjob no longer has exclusive control of what happens to that information and Rogerjob will not be responsible for any misuse of that information by an employer or recruitment agency client.

4.2 Jobseeker's Undertakings

A Jobseeker agrees:

4.2.1 He/she shall ensure that information he/she posts on Rogerjob.com or provides to Rogerjob in any other way or to Rogerjob's employer and recruitment agency clients:

(a) is not false, inaccurate or misleading;

(b) does not infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;

(c) is not defamatory or unlawfully threatening or harassing;

(d) is not obscene or pornographic;

(e) does not contain any viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

4.2.2 He/she shall treat as confidential all information provided to him/her by Rogerjob or by any employer or recruitment agency client and shall observe the provisions of the Privacy Act 1993 and, where applicable, the Human Rights Act 1993 in respect of such information;

4.2.3 As soon as it comes to a Jobseeker's attention that any information posted by him/her or provided by him/her to Rogerjob or Rogerjob's employer and recruitment agency clients is false, inaccurate or misleading, the Jobseeker shall notify Rogerjob and shall remedy the defect;

4.2.4 He/she shall promptly notify Rogerjob and any relevant Employer or recruitment agency client of the Jobseeker's withdrawal from consideration for any job vacancy for which s/he has applied.

4.3 Intellectual Property

4.3.1 A Jobseeker acknowledges that Rogerjob:

(a) is the proprietor or exclusive licencee of all intellectual property in the systems, procedures, web-site designs and functions comprising the Facilities;

(b) enjoys an exclusive licence from HR People Limited to use the forms and other documents that Rogerjob may make available to the Jobseeker.

4.3.2 Consequent on the acknowledgements contained in clause 4.3.1, a Jobseeker agrees to use Rogerjob forms and documents only for the purposes of applying for job vacancies.

4.3.3 A Jobseeker agrees and undertakes:

(a) Not to reproduce, store, adapt or reuse any form or document obtained by a Jobseeker from Rogerjob;

(b) Not to copy or adapt any system, procedure or function belonging or licensed to Rogerjob;

(c) Not to make any Rogerjob form, document or procedure available to any third party.

4.3.4 A Jobseeker acknowledges and agrees that the Jobseeker's agreements, undertakings and acknowledgements contained in this clause 4.3 have been made for the benefit both of Rogerjob and of HR People Limited and that HR People Limited, as the holder of copyright in the forms and documents made available to the Jobseeker, may enforce the provisions of this clause 4.3 in terms of the Contracts (Privity) Act 1982.

4.4 Recording of Calls

A Jobseeker consents to the recording of all calls to and from the call centre, regardless of whether calls are initiated by the Jobseeker, Employer, Recruitment Agency or by the call centre.


5. DISCLAIMER

5.1 A Jobseeker shall not be entitled to make a claim against Rogerjob to recover any losses sustained by him/her in connection with or arising out of the services rendered or duties performed by Rogerjob unless such losses have occurred as a result of the bad faith or intentional default of Rogerjob.

5.2 Without limitation to the generality of clause 5.1, a Jobseeker acknowledges and agrees:

(a) that Rogerjob does not offer a continuous or fault free service and that there may be instances where a Text Message or other information is not delivered;

(b) that when a message has not been delivered for any reason, Rogerjob shall endeavour to inform a Jobseeker but shall not be liable for failing to do so;

(c) that in order to provide Text Messaging services, Rogerjob relies on an arrangement with the mobile phone service provider,

(d) that if Rogerjob's arrangement with the mobile phone service provider terminates or changes for any reason, thereby affecting Rogerjob's ability to provide any services, this shall be deemed to be a circumstance beyond Rogerjob's control for the purposes of clause 6.2.


6. MISCELLANEOUS

6.1 No indulgence granted by Rogerjob to a Jobseeker shall constitute a waiver or abandonment of any of Rogerjob's rights. Rogerjob shall not be precluded, as a consequence of granting an indulgence, from exercising any rights against a Jobseeker that may have arisen in the past or may arise in the future.

6.2 Rogerjob shall not be liable for failure to perform its obligations to a Jobseeker if the failure results from force majeure, act of God, fire, explosion, industrial dispute, act of government such as change in legislation, regulation or order made under legislative authority, or anything beyond Rogerjob's control.

6.3 This agreement shall be governed and interpreted according to New Zealand law. The courts of New Zealand shall have exclusive jurisdiction in respect of disputes arising from this agreement or from the relationship between Rogerjob and a Jobseeker.

6.4 A Jobseeker must advise acceptance of these terms:

(a) at the time of registering on a client employer or recruitment agency website as being available for job vacancies; or

(b) at the time of applying for an advertised job vacancy on a client branded website or on Rogerjob.com; or

(c) when first contacted by a employer or recruitment agency client after having sent an e mail or letter applying for a job vacancy or seeking employment, before Rogerjob will provide any of the services referred to in these terms.