Website Terms of Use

40 Foot Tech Ltd

This Privacy Policy was last updated on 13 December 2021

1. Website

This website www.40foot.co.nz (the Website) is operated by 40 Foot Tech Limited (40 Foot).

These Website terms of use which incorporates our Privacy Policy found here (Terms of Use) apply to all users of our Website, whether as an employer, customer, client, candidate or contractor, or as a visitor (User).

If you do not agree to be bound by these Terms of Use, then you must stop browsing, accessing or using the Website.

We reserve the right to change these Terms of Use at any time and will notify you by posting an updated version on our Website. It is your responsibility to regularly review these Terms of Use to see any updates or changes. Your continued access and use of our Website and/or services following notification of any changes will constitute acceptance of those changes. If you do not agree with any aspect of the updated Terms of Use, you must immediately cease all use of our Website and services.

2. Defined Words

In these Terms of Use, the following words have these meanings:

  • “Content” means any software, data, information, picture, graphics and other materials published or made available on the Website, including all third party content (if any).
  • “Intellectual Property Rights” means any patent, trade mark, service mark, logo, trade name and business name (including rights in goodwill), copyright, moral right, right in a design, right in or to internet domain names, know-how, right in or to confidential information (including trade secrets) and any other intellectual property rights, whether or not registered and any similar rights worldwide.
  • “We”, “us”, “our” and “40 Foot” are a reference to 40 Foot.
  • “You” and “your” are a reference to you, a User and/or a Registered User (as the case may be).

3. Conduct of Users

In accessing and using the Website, you acknowledge and agree that you will not do any of the following:

  • access or use any of the Website or its Content for the purposes of competing with us;
  • provide us with information that is inaccurate, misleading or false;
  • encourage or transmit any Content that is or is reasonably likely to be defamatory, harmful, offensive, upsetting, obscene, inappropriate, false, misleading, unsuitable for persons under the age of 18 years, in violation of any law or regulation, or otherwise considered by us as being unacceptable;
  • abuse, harass, stalk, threaten, breach the confidence of or otherwise violate the rights (such as rights of privacy and publicity) of others;
  • transmit Content that infringes the Intellectual Property Rights of any person;
  • access an account, without authority, that is not your own or impersonate any other User;
  • manipulate, access or otherwise interfere with, without authority, any part of the Website, or post or transmit any Content that contains any virus, malware, spyware or other destructive component;
  • harvest or collect any Content either manually or via an automated software tool;
  • transmit any unsolicited advertising, promotional materials or any other forms of solicitation, unless expressly authorised by us; or
  • any other conduct that otherwise breaches the Terms of Use.

4. Candidate specific terms

If you are not a registered contractor or candidate (Registered User), then the terms in this clause 4 do not apply to you.

To become a Registered User of the Website, we will provide you with a link to set up your login, which will include creating a user login and password . By completing the registration process and/or accessing the Website as a Registered User, you agree to be bound by the candidate specific terms set out in this clause 4, in addition to the other terms in these Terms of Use, without qualification. We reserve the right to reject any application to become a Registered User.

You confirm that any information you provide to us through the Registered User registration process and any information regarding your skill, qualifications and experience, is current, complete and accurate at the time you provide it, is not misleading or deceptive, or likely to mislead or deceive. If your details change whilst you are a Registered User, you agree to update such information in a timely manner.

You must ensure that your user ID and password is kept secure and confidential and not revealed to any other person. You are entirely responsible for all activities that occur through the use of your user ID and password. You must notify us immediately of any unauthorised use of your user ID and password or any other breach of security. Following any unauthorised use, you will cease using that password and create a new unrelated password. You indemnify us and our related parties, our (and our related parties’) directors, officers and employees against all costs, expenses and damages incurred in connection with any claim arising from any reasonable reliance by us on any use of your password, including us disclosing information relating to your being a Registered User.

Where, on registering as a Registered User or subsequently, you indicate that you wish to receive email communication or mobile phone text messages from us, we may continue to communicate with you using such technology until you indicate otherwise. These communications may include information about potential roles we have available from time to time, features of the Website, notices about applicable fees and charges (if any), transactional information and other information concerning or related to the Website or our services. You may opt-out of receiving these communications at any time by using the unsubscribe link in any email or following the instructions set out in any text message.

We reserve the right in our sole discretion to terminate your Registered User access at any time if you violate these Terms of Use.

There is no fee for registering as a Registered User of the Website.

5. Disclaimer, limitation of liability, indemnity and warranties

We reserve the right to update and amend any information on the Website at any time.

To the maximum extent permitted by law, we will not be responsible or liable to you or any other person for any loss or damage, including:

(a) in relation to your access and use of the Website, including if the Website is unavailable (in whole or part) or performing slowly; or
(b) in connection with any errors, omissions or misstatements in any material on the Website; or
(c) resulting from any breach of these Terms of Use by any other party using this Website (including a User and/or Registered User).

This exclusion applies regardless of whether our responsibility or liability arises in contract, tort (including negligence), statute or otherwise and for any loss or damage however caused (including direct, indirect, incidental, special or consequential loss or damage). To the extent that we cannot lawfully exclude such liability, you acknowledge and accept that our maximum liability shall be limited to NZD100.

You will take all necessary action to defend and indemnify us and our related parties and our (and our related parties’) directors, officers and employees against all loss and damages suffered or incurred in connection with any claim brought by a third party against us arising from a breach by you of these Terms of Use.

Warranties, conditions or obligations may be implied or imposed by the Consumer Guarantees Act 1993, which cannot be excluded, restricted or modified. This clause is not intended to limit your rights under that Act, except where you use the Website for business purposes, in which case we:

(a) to the extent permitted by law, expressly contract out of all provisions of the Consumer Guarantees Act; and
(b) will not be liable to you in any event, whether in contract, tort (including negligence), statute or otherwise and for any loss or damage however caused (including direct, indirect, incidental, special or consequential loss or damage) for any loss of goodwill or loss of profits for an amount in excess of the amount paid by you to us.

6. Linked sites

The Website may contain links to other third party websites that are not operated, controlled, or maintained by us and are provided for your convenience only. As such, if you access any such links, you do so at your own risk and to the maximum extent permitted by law, we will not be responsible for the availability, content, privacy practices, terms of use, security, policies, or other practices, and will not be liable for any loss or damage (including direct, indirect, incidental, special or consequential loss or damage) suffered by you from accessing, using, relying on or trading with third parties.

7. General

We or our licensors own all the Intellectual Property Rights in the Website and Content (excluding any third party Content, which belongs to the relevant third party), including in any modifications or enhancements to the Website and Content. Unless expressly authorised by us in writing, you must not use or reproduce any information or Intellectual Property Rights published on or provided through the Website.

Without prejudice to any other rights and remedies available to us, if we consider that you have breached these Terms of Use, we may immediately and without written notice to you, suspend or terminate your access to the Website (or any part of the Website). On suspension or termination, you must immediately cease using the Website and must not attempt to gain access to the Website.

These Terms of Use are governed by and will be construed in accordance with the laws of New Zealand. You submit to the non-exclusive jurisdiction of the courts of New Zealand.

If you have any questions or concerns in relation to the Website or these Terms of Use, please contact us.

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