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Terms and Conditions

Welcome to ListMyJob, an online community for New Zealanders to list and find jobs. These terms and conditions are intended to help keep ListMyJob a safe place to advertise jobs and find professionals and workers to help with the jobs.

Acceptance of terms and conditions: The terms and conditions are the terms on which ListMyJob offers you access to the Services and the Website. By registering to ListMyJob you accept these terms and conditions. If you do not accept or agree with these terms and conditions, you must refrain from using the Services.

1. Amendment of terms and conditions: As ListMyJob operates in a changing commercial, technological and regulatory environment, we may amend these terms and
conditions from time to time. We will communicate all changes by an Announcement to the registered email you have provided. Unless otherwise stated, amendments will be
effective immediately upon posting of the amended terms and conditions on this Website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the Services represents your agreement to be bound by the terms and conditions as amended.

2. Terminology: In these terms and conditions, the following expressions have the meanings set out:
‘member’ means a registered member of ListMyJob;
‘Member Service(s)’ means a trade, job or business service that has been advertised by aregistered member of ListMyJob;
‘Services’ means any one or more of the services offered by a Registered Member of ListMyJob;
‘Services Category’ means the category on the ListMyJob homepage where members can list services;
‘we’, ‘us’ and ‘our’ are a reference to ListMyJob;
‘you’ and ‘your’ are a reference to you;
‘Website’ means any ListMyJob website through which the services are offered;
‘listing’ means a listing on the Website through which you offer, negotiate, or advertise any service or job, by classified;

SPECIFIC WARNINGS

1. The Services: ListMyJob provides a venue to introduce members who want to list, advertise their jobs, professional works on the website for all users to browse listings
needed by the members. If a job is accepted by a listing member, a contract will be formed between the advertiser and the individual accepting the listed job directly. We do not act as agent for either party and do not participate in any transaction between you and other members. ListMyJob also provides a Services Category venue where members can be connected with trades people and service providers. Restrictions for using the Services Category are outlined below.

2. At your own risk: Transactions and all other contact between you and other members/users are conducted entirely at your own risk. You agree that ListMyJob takes
no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretences or who attempt to defraud you. ListMyJob gives no undertakings, representations, or warranties in relation to any Member Services advertised or offered:
a. as to the content, safety, description, worthiness, quality, or legality of the items or Member Services that are listed on the Website;
b. as to the accuracy or truth of listings;
c. that any Service listed, will meet your requirements or expectations; or
d. about the ability of members to complete a transaction.

3. Disclaimer: You expressly understand and agree that:

a. your use of the Services is at your sole risk. The Website and Services are provided on an “as is” and “as available” basis. To the maximum extent permitted by law and without limiting any clause in these terms, ListMyJob’s disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties, fitness for a particular purpose, and non-infringement;
b. where Services are offered, ListMyJob disclaims and excludes liability for any guarantees that a Service will be carried out with reasonable care and skill, fitness for a particular purpose, time of completion or price for the provision of a Service;
c. ListMyJob does not warrant that
i. the Services provided will be uninterrupted, timely, secure, or error free, or
ii. that any information (including feedback) provided on the Website is error-free or reliable;

d. no advice or information that is obtained by you from ListMyJob or anyone else shall create any warranty by ListMyJob that is not expressly stated in the terms and conditions; and

e. responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements on the Website does not constitute ListMyJob’s recommendation or endorsement of the advertised service. Each advertiser is solely responsible for any representation made in connection with its advertisement.

4. Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of ListMyJob to you or any other person under or in connection with these terms and conditions, or in connection with the services, this Website, another user/Member’s acts or omissions, or your use of or inability to use, the services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. ListMyJob’s liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or
anticipated savings, general and special damages, and consequential and incidental loss.

5. Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions.
6. Breach: Without limiting any other rights and remedies available to ListMyJob, ListMyJob may limit your activities on the Website, remove your listings or other
content, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our Services to you if you breach these
terms and conditions.

BECOMING A MEMBER

1. Accurate Information: You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and
update your personal information held by ListMyJob to ensure it is kept current at all times. ListMyJob may phone or mail you to verify these details. You must not register
as a member under multiple identities or personas (whether false or not). However, at ListMyJob’s discretion, you may create a business membership in addition to your
personal membership.

2. Termination of membership: ListMyJob reserves the right to decline to register or to terminate your membership without entering into further discussions with you.
Without limiting the foregoing, ListMyJob may terminate your membership if a serious complaint or multiple complaints are received about you from other members, if you breach these terms and conditions, if you impersonate another member, or if we, at our sole discretion, deem your behaviour to be unacceptable. Members who
have registered under multiple aliases will have all of their aliases disabled. When limiting your activities on the Website ListMyJob may consider offsite conduct such
as prior criminal convictions, insolvency, or any other conduct that puts our community or systems at risk. In the event of termination, you also agree that you will
not open or attempt to open any new ListMyJob memberships. You may at any time close your ListMyJob membership by giving us three days’ notice in writing. If you
close your membership, or if it is terminated by ListMyJob, your ability to use the website will end.

3. Security of your login information: You are responsible for keeping your login information, including your email address and password, secret and secure. Without
limiting the foregoing, you agree:
a. not to permit any other person to use your user name or membership; and
b. not to disclose, or provide to any other person, your password, email address, date of birth or any other information in connection with your membership
that may allow them to gain access to your membership.

4. Emails and newsletters: ListMyJob reserves the right to send you emails relating to your membership, listings and other activities on the Website.

GENERAL RULES

1. General
a. All listings and communications made through ListMyJob shall be made in good faith.
b. You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so.
c. You may not use a robot, spider, scraper or other unauthorised automated
d. You must list service in New Zealand dollars and include GST in the price.
All tax obligations are the responsibility of the lister and/or the service provider (as the parties determine).

GENERAL PROVISIONS

1. System Integrity: ListMyJob will use its reasonable endeavours to ensure the availability of the Website and Services, subject to any downtime required for
maintenance. However, ListMyJob takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being
unavailable. Further, ListMyJob assumes no responsibility for the corruption of any data or information held by ListMyJob.

2. Resolution of disputes: As List My Job is not a party to any transaction between you and another member/user, you agree not to involve, or attempt to involve, ListMyJob
in any dispute or in the resolution of disputes that arise between you and another member/user. If you wish to take Disputes Tribunal (or other) proceedings against
another member, you can contact ListMyJob for a statutory declaration form, which must be completed before we will consider releasing anyone else’s information to you.
You may only request contact details for the sole purpose of making a claim.

3. Force Majeure: Without prejudice to any other clause in the Terms and Conditions, List My Job has no liability for any lack of performance, unavailability or failure of
the Services or the Website, or for any failure of ListMyJob to comply with these terms and conditions where the same arises from any cause reasonably beyond the
control of ListMyJob.

4. No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.

5. Partial Invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that
provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.

6. Governing Law: These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.

7. Intellectual Property Rights: ListMyJob owns all proprietary and intellectual property rights in the Website (including text, data, graphics, logos, icons and sound
recordings) and the software and other material underlying and forming part of the Services and the Website.

a. You may not without our prior written permission, in any form or by any means:
i. Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
ii. Commercialise, copy, or on-sell any information, data, or items obtained from any part of this Website.

8. Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether
oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.

Terms and Conditions for Listing a Service

1. General
If a Service is accepted by a member/user, arrangements to carry out the Service will be formed between the advertiser and the member/user. ListMyJob does not act as an agent for either party to the arrangement and resulting transaction.

2. Terminology
‘Service Advertiser’ means a member advertising for a service; ‘Service(s)’ means a trade, job or business service that has been advertised by a ListMyJob member.
3. ListMyJob Memberships
In the event you set up a business membership for listing for a service, ListMyJob reserves the right to restrict your ability to list services on this membership.
4. Your obligations as an advertiser in the Services Category
a. Service Advertisers must be located in, and only offer Services within, New Zealand.
b. You must not place multiple listings for the same Service.
c. When advertising a price for a Service, you must list prices and fees in New Zealand dollars and include GST in the price. All tax obligations are the responsibility of the
advertiser and/or member using the Service (as the parties determine).
d. You may list your contact details on the listing.
e. Your listing may only contain a URL for a website that contains further information on the Service you have listed.
f. You agree to your email address being supplied to the member enquiring about
Services advertised.
g. You must promptly respond to queries received by members in relation to Services advertised.
h. You must not advertise sexual services and/or promote violence as advertiser or service provider.
i. You have an obligation to report to ListMyJobs any members you believe to be acting in a suspicious or aggressive manner.
j. You are able to list your service in multiple languages, so long as one of those languages is English. All content must be correctly translated and ListMyJob is not
liable for any error in mistranslation.

5. Your obligations as a user of Member Services
a. By engaging with an advertiser to receive advertised Services, you warrant and represent that you have the legal right and ability to enter into and complete the
transaction.
b. You agree to your email address and/or other contact details being supplied to the Service Advertiser, by way of putting your contact details on the listing when you
enquire about Services listed in an advertisement.
c. All payment arrangements are between the advertiser and the member using the advertised Services.

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