Terms & Conditions
Please read this page carefully. It contains the terms and conditions (the "Terms and Conditions") governing your access to and use of the JobKiwi Website and the Services (as each are defined below) provided by JobKiwi. If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the JobKiwi Website or Services. These Terms and Conditions are effective as of May 1, 2015
If you are a Job Seeker using the Site, any terms in these Terms and Conditions or Exhibits that are expressed to apply to Employers do not apply to you.
If you are an Employer using the Site, you may have also entered into a Service Agreement with JobKiwi, in which case these Terms and Conditions, including the Exhibits attached hereto but excluding any terms that are expressed to apply to Job Seekers, are part of and incorporated into that Service Agreement.
2. Binding Agreement
These Terms and Conditions (as they may be amended from time to time by JobKiwi), together with your Service Activation Agreement (if applicable), form a binding agreement (the "Agreement") between you and JobKiwi. Your access to or use of the JobKiwi Website or Services indicates your acceptance of these Terms and Conditions. You are agreeing to use the Site at your own risk.
3. Certain Definitions
The following definitions apply to this Agreement:
3.1. "JobKiwi Materials"
includes any materials, methodologies, implementation plans or other intellectual property used during the provision of Services.
3.2. "JobKiwi Website" or the "Site"
means any website under JobKiwi's control, JobKiwi Materials and Services (as applicable in each context).
includes all Text, Graphics, Design and Programming used on the Site.
refers to any posting to a Site, whether job or resume.
means a person or entity that is accessing a Site to post a job or utilizing the Services for any reason related to the purpose of seeking candidates for employment.
3.7. "Employer Materials"
includes any brochures, emails, sample job postings, website content, career fair material, audio, videos, photographs, logos, trademarks, service marks, domain names, documents or other materials provided by Employer, if any, for use in connection with the Services.
includes all logos, buttons, and other graphical elements on the Site, with the exception of paid advertising banners.
3.9. "Job Seeker"
means a User who is accessing a Site to search for a job or in any other capacity except as an Employer.
means any services provided by JobKiwi or its agents described herein
includes all text on every page of the Site, whether editorial, navigational, or instructional.
refers to any individual or entity that uses any aspect of the Site.
3.13. "You" or "you"
means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.
4. Information on this Site
Whilst we make every effort to ensure that the information on our Site is accurate and complete, some of the information is supplied to us by third parties and we are not able to check the accuracy or completeness of that information. We do not accept any liability arising from any inaccuracy or omission in any of the information on our Site or any liability in respect of information on the Site supplied by you, any other Site user or any other person.
5. Interruptions and Omissions in Service
Whilst we try to ensure that the standard of the Site remains high and to maintain the continuity of it, the internet is not an inherently stable medium, and errors, omissions, interruptions of service and delays may occur at any time. We do not accept any liability arising from any such errors, omissions, interruptions or delays or any ongoing obligation or responsibility to operate the Site (or any particular part of it) or to provide the service offered on the Site. We may vary the specification of this Site from time to time without notice.
6. Intellectual Property Rights and Acceptable Use of the Site and Services
6.1 General Use Rules
The Site is intended for individuals seeking employment, purchasing training courses and for employers or employers seeking candidates for employment. You may use the Site only for lawful purposes within the stated context of JobKiwi's intended and acceptable use of the Site. JobKiwi is the sole interpreter of the Site intended and acceptable use.
6.2 JobKiwi Intellectual Property Rights
The Site, the JobKiwi Materials and all right, title and interest in and to the Site and JobKiwi Materials are the sole property of JobKiwi or its licensors, and are protected by copyright, trademark and other laws. Except for the limited licenses expressly granted to you in these Terms and Conditions, JobKiwi reserves for itself and its licensors all other rights, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content or JobKiwi Materials, or use them in any other way for public or commercial purpose. Notwithstanding anything to the contrary contained herein, this prohibition includes: (a) copying or adapting the HTML code used to generate web pages on the Site; (b) using or attempting to use engines, manual or automated software, tools, devices, agents, scripts robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, "scrape," "crawl," or "spider" any web pages or any Services provided on the Site other than the search engine and search agents available on JobKiwi Site and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); and (c) aggregating, copying or duplicating in any manner any of the Content or information available on the JobKiwi Site, without the express written consent of JobKiwi. The use of the Content on any other website or in a networked computer environment for any purpose is strictly prohibited. "JobKiwi", the JobKiwi design logo and certain other names or logos are service marks or trademarks of JobKiwi, and all related product and service names, design marks and slogans are the service marks or trademarks of JobKiwi. In addition, the "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by JobKiwi's trademarks, service marks and copyrights. Any code that JobKiwi creates to generate or display the Content or the pages making up the Site is also protected by JobKiwi's copyright. You must retain all copyright, trademark, service mark and other proprietary notices contained on the Content or JobKiwi Materials on any authorized copy you make of the Content or JobKiwi Materials. All other product and service marks contained on the Site are the trademarks of their respective owners.
6.3 License to Use by Users who are Job Seekers
JobKiwi hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your personal use seeking employment opportunities for yourself. This authorizes you to view and download a single copy of the material on the Site solely for your personal, non-commercial use. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. Your use of the Site is a privilege. JobKiwi reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.
6.4 License to Use by Users who are Employers
JobKiwi hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your internal business use seeking candidates for employment. This authorizes you to view and download a single copy of the material on the Site solely for your personal use directly related to searching for and recruiting job prospects. JobKiwi also grants you a limited, terminable, non-exclusive license to use the JobKiwi Materials and Services for your internal use only. You may not sell, transfer or assign any of the Services or your rights to any of the Services provided by JobKiwi to any third party without the express written authorization of JobKiwi. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. JobKiwi reserves the right to suspend or terminate your access and use at any time if JobKiwi determines that you are in breach of these Terms and Conditions.
6.5 Employer Materials
Employer represents, warrants and covenants that any Employer Materials provided by Employer for use in connection with the Services will not violate any laws or regulations or third-party proprietary rights, including, without limitation, copyright, trademark, obscenity, rights of publicity or privacy, and defamation laws. Employer hereby grants JobKiwi a non-exclusive, worldwide, royalty-free license to use the Employer Materials and to hyperlink to Employer's website in connection with the Services.
6.6 Use of Aggregate Data
You understand and agree that JobKiwi owns and has the right to collect, extract, compile, synthesize, and analyze Aggregate Data. JobKiwi may use such Aggregate Data for any lawful business purpose without a duty of accounting to you, provided that the data and the information are used only in an aggregated and anonymized form so that it cannot be identifiable as relating to you, your Company or to any other Job Seekers. “Aggregate Data” means de-identified aggregated data or information regarding Job Seekers’ educational or career history (including, by way of example and not limitation, aggregate data relating to Job Seekers’ occupation, location, salary, education and experience).
6.7 Other Specific Rules Regarding Site Usage
You represent, warrant and agree that you (a) are at least 13 years of age or older, and if under the age of 18 or the age of majority as that is defined in your jurisdiction, you will only use the Site and Services under the supervision of a parent, legal guardian, or other responsible adult; and (b) will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Site complies with these Terms and Conditions and all applicable laws.
6.8 User Submissions
JobKiwi welcomes your comments regarding the Services and the Site and appreciates hearing from you. Please note, however, that JobKiwi does not accept or consider creative ideas, suggestions, inventions or materials other than those which it has specifically requested. If you submit feedback on the Services, please be specific in your comments and do not submit creative ideas, inventions, suggestions, or materials. If, despite this notice, you send JobKiwi creative suggestions, ideas, drawings, concepts, inventions, or other information (a "User Submission"), you understand and agree that the User Submission shall become the property of JobKiwi. User Submission and any elements contained in User Submissions, shall not be subject to any obligation of confidentiality on JobKiwi part, and JobKiwi will not be liable for any use or disclosure of any User Submission. JobKiwi shall exclusively own all now known or later discovered rights to the User Submission and shall be entitled to unrestricted use of the User Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
7. Third Party Providers
You acknowledge and agree that JobKiwi may provide the Services using third party providers, including subcontractors and consultants (the "Third Party Providers"). You agree that, as between JobKiwi and its Third Party Providers, JobKiwi will have sole responsibility for handling all billing and contract negotiations.
8. No guarantees or endorsements of sites or services we link to or that link to us
JobKiwi provides links and pointers to Internet sites maintained by third parties from its Site. Such linked sites are not under the control of JobKiwi and JobKiwi is not responsible for the contents (including the accuracy, legality or decency) of any linked site or any link contained in a linked site. JobKiwi is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by JobKiwi of the linked site. JobKiwi is not responsible for the copyright compliance of any linked site. JobKiwi will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party. If you decide to access linked third-party websites, you do so at your own risk.
9. No misrepresentations allowed
You agree that it is a condition on your use of the JobKiwi Site and of any other services provided by JobKiwi or through the Site that you will not through any act or omission (including but not limited to creating a profile on the JobKiwi Site) mislead or deceive others.
10. Information does not represent professional advice
You acknowledge and agree that information published by JobKiwi is intended to provide general information in summary form on legal and other issues. JobKiwi does not endorse or recommend any of the jobs, business or self-employment opportunities advertised on its Site and JobKiwi strongly recommends that prior to entering into any agreement with any of the advertisers on the Site, that you obtain your own independent legal, accounting, financial or taxation advice as appropriate. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Site or on the Internet generally. In no event will JobKiwi be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any information contained on or omitted from the Site.
11. Disclaimers and Limitations on JobKiwi's Liability
11.1 Allocation of Responsibility
JobKiwi assumes no responsibility for Documents posted by Users and no responsibility for the activities, omissions or other conduct of Users. JobKiwi acts as a portal for the online distribution and publication of User submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring Documents posted by Users. If notified by a User of a Document which allegedly does not conform to these Terms and Conditions, JobKiwi may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such Document. JobKiwi has no liability or responsibility to Users for performance or nonperformance of such activities. JobKiwi may take any action with respect to User submitted information that it deems necessary or appropriate, in its sole discretion.
11.2 Warranty Disclaimers
(a) The Site is provided on an 'as is' basis without any warranties of any kind, express or implied. JobKiwi, to the fullest extent permitted by law, disclaims all warranties, including, but not limited to, the warranties of merchantability, title, non-infringement of third parties' rights, and fitness for particular purpose. JobKiwi makes no warranties about the accuracy, reliability, completeness, or timeliness of the Site.
(b) Without limitation on the foregoing:
(i) JobKiwi does not warrant that the Site will operate error-free or that the Site and his server are free of computer viruses or other harmful mechanisms. If your use of the Site results directly or indirectly in the need for servicing or replacing equipment or data, JobKiwi is not responsible for those costs. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
(ii) JobKiwi makes no representations or guarantees regarding the truthfulness, accuracy, legality, completeness, timeliness or reliability of any Documents posted by Users, or of any other form of communication engaged in by Users. Documents may contain inaccuracies or typographical errors. You agree that any reliance on Documents posted by Users, or on any other form of communication with Users, will be at your own risk.
(iii) JobKiwi makes no representations or guarantees regarding the Content of the Site, including, but not limited to, broken links, inaccuracies or typographical errors.
(iv) JobKiwi makes no representations or guarantees regarding the effectiveness of the services or timeliness of the services in meeting your employment objectives. JobKiwi does not guarantee that the services will result in candidates being hired, positions being filled or employees being retained, and is not responsible or liable for any business, employment, hiring and/or salary decisions, for whatever reason made, made by you.
11.3 Damage limitations, allocations of liability and equitable relief
(a) You assume all responsibility and risk for your use of the Site, the internet generally, and the documents or employer materials that you post, provide or access and for your conduct on and off the Site.
(b) In no event shall JobKiwi (or any of its officers, directors, shareholders, employees, subsidiaries, affiliates, agents or advertisers), be liable for any non-direct damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data, lost employment opportunity, or business interruption) resulting from or arising under or in connection with services or the use or access to, or the inability to use or access, the Site and/or any document, whether based on warranty, contract, tort, or any other legal theory, and whether or not JobKiwi is advised of the possibility of such damages.
11.4 User Authentication
Because User authentication on the Internet is difficult, JobKiwi cannot and does not confirm that each User is who they claim to be. Because JobKiwi does not and cannot be involved in User-to-User dealings or control the behavior of participants on the Site, in the event that you have a dispute with one or more Users, you release JobKiwi from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
12. Amendments to this Agreement and Changes to Site
JobKiwi may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on the date they are posted on the Site (or as otherwise stated in any notice of such changes). Any use of a Site will be considered acceptance by you of the then-current Terms and Conditions (including any exhibits thereto) contained on such Site. If at any time you find the Terms and Conditions unacceptable, you may not use the applicable Site any longer. Any new or different terms supplied by you are specifically rejected by JobKiwi unless JobKiwi agrees to them in a signed writing specifically including those new or different terms. JobKiwi may change the Site at any time.
You agree to defend, indemnify, and hold harmless JobKiwi (and its subsidiaries, affiliates, officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Site, any Document posted by you, your use of the Services or your breach of this Agreement. JobKiwi shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
When you register on the JobKiwi Site or in connection with the Services, you will be asked to create an account and provide JobKiwi with certain information, including but not limited to, a valid email address ("User Information"). You acknowledge and agree that you have no ownership rights in your account.
15. Questions and Notices
Questions concerning the use of the Site should be directed to Support. Notices to JobKiwi should be sent to the address listed on the Site. We will send notice to you at the address submitted by you or to such other address as JobKiwi reasonably determines is an appropriate address for you.
JobKiwi contact information is listed on the Site. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Site. The sole relationship between you and JobKiwi is that of independent contractors. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this Agreement, which shall remain in full force and effect. All provisions of this Agreement shall survive termination except those granting access or use to the Site, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by JobKiwi in a particular "Legal Notice," or material on particular web pages of the Site, this Agreement and your Service Activation Agreement where applicable, constitute the entire agreement between you and JobKiwi.
17. Rules regarding Posting, Conduct and Security
The following rules apply to your use of the Site and/or the Services. The list of rules is for illustration only and is not a complete list of all posting, conduct and security rules.
17.1 Posting Rules
(a) You may not post any Document to a Site that contains:
(i) URLs or links to websites are forbidden;
(ii) copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material);
(iii) trade secrets (unless you own them or have the owner's permission to post them);
(iv) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others;
(v) irrelevant keywords or white text keywords (including any words embedded in the Document and hidden from the User);
(vi) anything that is discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or
(vii) anything that is embarrassing or offensive to another person or entity;
(b) You may not use a Document(s) to:
(i) impersonate another person, living or dead;
(ii) post false, inaccurate or misleading information, opinions or notices (commercial or otherwise) or chain letters;
(iii) post advertisements, or solicitations of business (including, but not limited to, email processors, any pyramid scheme or "club membership"); provided, however, that JobKiwi may allow posting of certain training and business opportunities (see 17.1(e) below).
(c) Your Document(s) must contain sufficient detail to convey clearly to the User the nature and requirements of the job opportunity, or, in the case of Users seeking employment, your qualifications as a candidate for employment. Documents that encourage the User to "email for more details" or gives the User your contact details are not permitted.
(d) Job postings must describe individual openings. You may not advertise multiple job openings in a single posting.
(e) In limited circumstances, at JobKiwi's sole discretion, JobKiwi allows non-traditional job postings such as business opportunities, franchise, and multi-level marketing opportunities to be posted on the Site. These non-traditional job postings may require an investment of time and/or money by the User seeking the position. JobKiwi reserves the right, in its sole discretion, to move, modify, or remove entirely a non-traditional job posting if JobKiwi deems such job posting to conflict with the best interests of its Users or detract from the User experience.
(f) Resume postings must contain the accurate resume of a living individual seeking employment on a full-time, part-time, or contractual basis on his or her own behalf.
(g) JobKiwi is under no obligation to monitor the Documents posted on the Site, but it may monitor Documents at random. Documents found to violate the above Posting Rules may be removed at JobKiwi's sole discretion.
17.2 Conduct Rules
(a) You may not respond to postings by other Users in any manner or for any purpose other than that which is expected (i.e., to apply for the job or to initiate further discussion with the candidate). Communications soliciting the Employer's business are prohibited.
(b) You may not send unsolicited commercial email to Users.
(c) Protect your password. Your JobKiwi account and any related Services accessed through such account are to be accessed and used solely by you. You may not provide your password or otherwise permit access to your JobKiwi account to any third party. You are responsible for maintaining the confidentiality of your information and password. You agree to protect and keep your password confidential, to change your password on a regular basis, and to maintain appropriate and regularly updated malware scanning and cleaning tools on your network and individual computer(s).You are responsible for all uses of your account, whether or not authorized by you. If others use your password to post inappropriate material on the Site, you risk losing your access to the Site. You agree to notify JobKiwi immediately of any unauthorized use of your account or password.
(d) Report inappropriate postings or conduct to our Customer Support Team.
(e) You may not delete or revise any material posted by any other person or entity.
(f) If at any time JobKiwi comes to the understanding that you:
(i) misled JobKiwi regarding your business practices and/or services; or (ii) purchased services that do not represent your precise business, JobKiwi reserves the right to terminate your Agreement.
17.3 Security Rules
(a) Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation:
(i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access;
(ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mail bombing" or "crashing";
(iv) sending unsolicited e-mail, including promotions and/or advertising of products or services;
(v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
(b) Violation of these Security Rules may result in civil or criminal liability. JobKiwi will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
18. Copyright Complaints
JobKiwi respects the intellectual property of others. It is JobKiwi's policy to respond to claims of copyright and other intellectual property infringement. JobKiwi will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, JobKiwi may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. JobKiwi will terminate access for Users who are repeat infringers.
Notifying JobKiwi of Copyright Infringement: To provide JobKiwi notice of an infringement, you must provide a written communication to the attention of Customer Support Team. Please also note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
Providing JobKiwi with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide JobKiwi with a counter notification by written communication to the attention of Customer Support Team. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking the advice of an attorney.
19. Payment of Services
You must set up an account with JobKiwi in order to gain access to Job Posting and Resume Contact Information.
JobKiwi may, in its sole and absolute discretion, add to, modify or discontinue any of the Services from time to time. However, this will not affect any order confirmation agreed prior to any change or withdrawal of the relevant Service.
JobKiwi reserves the right to change the fees from time to time, provided that no change shall be retrospective.
The following Services are available for Employers and Employment Agencies on JobKiwi website:
(a) Job Posting
You may post unlimited jobs on the website, free of charge. Each job posting is valid up to 60 days, and you can renew it as many times as you need.
(b) Resume Search
You may access JobKiwi’s Resume Database to search as many candidates as you need and to view candidates detailed qualifications, free of charge.
(c) Resume Contact Information
The candidates contact information will remain private until you pay. Select the resume(s) you want to buy, add it(them) to your Cart and Check Out. You can pay with your credit card or PayPal account.
The resume prices are based on candidate’s level of experience, the type of position he is seeking, the date when his resume was last updated, and other relevant information.
(d) Job Applicants and Emails
You will receive a daily email notification when candidates applied to a job you have posted. Regardless how many applicants you will receive during the hiring process, you will only pay for the resumes that you select.
20. Mobile Services
If you use the JobKiwi Site through a mobile device, you agree that information about your use of the JobKiwi Site through your mobile device and carrier may be communicated to us, including but not limited to your mobile carrier, your mobile device, or your physical location. In addition, use of the JobKiwi Site through a mobile device may cause data to be displayed on and through your mobile device. By accessing the JobKiwi Site using a mobile device, you represent that to the extent you import any of your JobKiwi data to your mobile device that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your JobKiwi account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing the JobKiwi Site through your mobile access provider. Therefore, you should check with your provider to find out if the JobKiwi Site is available and the terms for these services for your specific mobile devices.