Terms of Service

Last Updated: 1st January, 2021

1. Acceptance of Terms; Modifications.
These Terms of Service (the "Terms") are a binding legal agreement between you and Applicant Limited ("Applicant," "we," "us" and "our"). The Terms govern your use of our software applications, resources and services for employers and applicants to connect (collectively, our "Applicant Service"). The Terms govern all use of the Applicant Service, whether you access it from our website at https://www.applicant.co.nz or any of our affiliated websites (the "Site") or any other access point we make available to you. BY ACCESSING OR USING THE Applicant SERVICE, YOU ACCEPT THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT ACCEPT THEM, IN WHICH CASE YOU DO NOT HAVE THE RIGHT TO USE THE APPLICANT SERVICE.

You understand and agree that we may change these Terms from time to time, and that any such changes will be effective immediately when we post the modified Terms on the Applicant Service. Your continued access and use of the Applicant Service after we post the modified Terms will constitute your consent to be bound by the modified Terms.

2. Applicant Service.
2.1 Nature of the Applicant Service. The Applicant Service consists of a web application and other related tools, support and services that employing service users ("Employers") and employee service users ("Employees") can use to find, communicate with and interact with each other. The Applicant Service includes our educational materials for Employees, Educational material to Employers, our Applicant matching services and other related services. We may charge fees for some aspects of the Applicant Service, as described below in Section 8.

2.2 Applicant does not provide Employment Services. We are a neutral venue for Employees and Employers. Applicant is not a Employee and, except for support and other resources and support specifically described in the Applicant Service, does not provide employment services. We make no representations or warranties about the quality of Employees or the accuracy of their information, or other services provided by Employees, or about your interactions and dealings with users. Though we provide general guidance on our Site to Employees about employment conditions and to Employers about selecting and engaging Employees, Applicant does not employ, recommend or endorse Employees or Employers, and we will not be responsible or liable for the performance or conduct of Employees or Employers, whether online or offline. Except where explicitly specified in the Applicant Service (and then only to the extent specified), Applicant do not otherwise screen Employees or Employers. You should exercise caution and use your independent judgment before engaging a Employee or otherwise interacting with users via the Applicant Service. Employers and Employees are solely responsible for making decisions that are in the best interests of themselves and their business. For example, each user of the Applicant Service is responsible for their own information, and we will have no liability for accuracy, omissions or incomplete data.

2.3 Release. We hereby expressly disclaim, and you hereby expressly release us from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to your interactions or dealings with other users and the acts and/or omissions of Employees and Employers, whether online or offline. You acknowledge and agree that YOUR USE AND/OR PROVISION OF EMPLOYEES IS AT YOUR SOLE AND EXCLUSIVE RISK.

2.4 Transactions are between Employers and Employees. The Applicant Service may be used to find and offer Services, but all transactions conducted via the Applicant Service are between Employers and Employees. You agree that Applicant has no liability for damages associated with Employees and/ or Employers or resulting from any other transactions between users of the Applicant Service.

2.5 Connection. Employers and Employees transact with each other on the Applicant Service when they both agree to a connection ("Connection").

2.6 Employers are Solely Responsible for Evaluating Employees. Employers are solely responsible for evaluating the suitability of Employees for the services they offer to provide.

2.7 Consumer Guarantee Act. If you are using our services for business purposes, you agree that the guarantees provided under the Consumer Guarantees Act shall not apply to those services.

3. Eligibility.
By accessing and using the Applicant Service, you certify that (1) are an Employer you are 18 years of age or older and (2) if signing up to be a Employee, you are legally eligible to work in New Zealand. You acknowledge that Applicant is entitled to rely on these commitments and is not responsible to ensure that all users have met these eligibility conditions.

4. Use of the Applicant Service; Suspension.
4.1 Your Conduct on the Applicant Service. When you use the Applicant Service, you agree:

  • To use the Applicant Service only in a lawful manner and only for its intended purposes.
  • Not to use the Applicant Service to arrange for any illegal or unlawful activity or service.
  • Not to submit viruses or other malicious code to or through the Applicant Service.
  • Not to use the Applicant Service, or engage with other users of the Applicant Service, for purposes that violate the law.
  • Not to use the Applicant Service to arrange for the provision and purchase of services with another user, then complete transactions for those services offline.
  • Not to post content or materials that are pornographic, threatening, harassing, abusive, or defamatory, or that contain nudity or graphic violence, incite violence, violate intellectual property rights, or violate the law or the legal rights (for example, privacy rights) of others.
  • Not to post "spam" or other unauthorized commercial communications.
  • To use the Applicant Service only for your own purposes, or as an authorised agent and not to impersonate any other person.
  • Not to transfer or authorize the use of your account for the Applicant Service to any other person.
  • Not to provide false information in your profile, or on sign up for to the Applicant Service.
  • Not to interfere with our provision of, or any other user's use of, the Applicant Service.
  • Not to solicit another user's email and/ or password for the Applicant Service.
  • Not to upload images that are not identifiable as the account holder including blank or fake photos or any type of photo that does not include you.
  • Not to upload images that include any personally identifying information including addresses, phone numbers, email or photos of id including passports, driver's license, etc.
  • Not to upload images that you don't have permission to use or that are copyrighted.
  • Not to upload images that include other people without their permission unless they are inconspicuously in the background.
  • Not to upload images that could be deemed offensive.
  • Not to upload images that include weapons.
  • Not to upload images that include any references to violence; gangs; death; hate groups; drugs; medical procedures or any other inappropriate images.
  • Not to upload images that include swear words or otherwise offensive wording; logos; or symbols including on clothing.
  • Not to upload images that include any form of nudity; sexual tones or allude to any sexual innuendo. Images should be appropriate for the purposes of employment. No swimwear, bare torso, sleepwear, etc. Images where a hand, visual effect, or sticker/icon is barely covering explicit body parts count as nudity. Images where you can see outlines of explicit body parts through clothing also count as nudity.

4.2 Suspension and Termination. You understand and agree that we have no obligation to provide the Applicant Service to you, nor any obligation to continue providing it once we have begun. If we believe your conduct on the Site or Applicant Service is inappropriate or violates these Terms, and for any other reason (or no reason at all), we reserve the right to suspend or terminate your use to the Applicant Service at our sole discretion.

5. Sign up; Account Security.
In order to use some aspects of the Applicant Service, you will be required to create an account with a email, password, and user profile. If you elect to use the Applicant Service, you agree to provide accurate information about yourself and keep this information up-to-date. You agree not to impersonate anyone else and not to maintain more than one account. You are responsible for maintaining the confidentiality of your email and password for the Applicant Service, and you agree not to authorize anyone else to use your email and password. You are responsible for all activity under your account. You agree to notify us promptly of any unauthorized use of your account.

6. Privacy.
Our collection and use of your personal information on the Applicant Service is described in our Privacy Policy. By accessing or using the Applicant Service, you acknowledge and consent to the Privacy Policy.

7. Your Content.
7.1 Your Content. We may require or allow you (or someone else on your behalf) to submit or upload text, images, information and materials to your profile on the Applicant Service or otherwise in connection with using the Applicant Service and/ or participating in promotional campaigns we conduct on the Site (collectively, "Your Content"). For example, Employees are invited to create a profile page with a profile image and other information and to transmit that information and photos to Employers.

7.2 License. Except for the limitations on our use and disclosure of personal information described in our Privacy Policy, you grant Applicant an irrevocable, perpetual, non-exclusive, fully paid worldwide license to use, copy, perform, publicly display, reproduce, adapt, modify, transmit, broadcast, prepare derivative works of, and/or distribute Your Content in connection with providing and/ or promoting the Applicant Service and to sublicense these rights to third parties.

7.3 Release. If your name, voice, image, persona, likeness, or performance is included in any of Your Content, you hereby waive, and release Applicant and its users from, any claim or cause of action, whether known or unknown, for defamation, copyright infringement, invasion of the rights of privacy, publicity, or personality, or any similar claim arising out of the use of Your Content in accordance with the license in Section 7.2 and the other provisions of these Terms.

7.4 Your Representations and Warranties about Your Content. You represent and warrant that (1) you are the owner or licensor of Your Content, and that you have all rights, consents and permissions necessary to grant the license in Section 7.2 and make the release in Section 7.3 with respect to Your Content, (2) that you have any necessary consents and releases from individuals who appear in Your Content; and (3) Your Content does not violate the law or these Terms.

7.5 Right to Remove or Screen Your Content. Though we are not obligated to do so, we reserve the right to monitor, screen, edit and/ or remove Your Content on the Applicant Service. Our enforcement of these Terms with respect to Your Content is at our discretion, and failure to enforce the Terms in one instance does not create a waiver of your right to enforce them in another instance. We have no obligation to retain or provide you with copies of Your Content, nor will we have any liability to you for any deletion, disclosure, loss or modification to Your Content. It is your sole responsibility to maintain backup copies of Your Content.

8. Fees & Payment.
8.1 Currency. All fees, deductible amounts and other payments referenced on, or charged through, the Applicant Service are listed and payable in New Zealand Dollars (NZD).

8.2 Fees for Employers. Employers may approach a Employee by completing a connection as described in Section 2.5. At this point the Applicant Service is complete. The Employee, not Applicant, is responsible for performing the Services and any remuneration between the Employer and the Employee is a transaction between the two parties.

8.3 Fees for Employees. Fees are payable for the listing of a profile on the Applicant website. This is a license to list your details to employers for 1 calendar year on the Applicant website. Your profile will be availble to employer searches. Applicant others no warranties in regards to your content being viewed or to the number of connections made. Employees may agree to provide Services to an Employer after accepting a Connection as described in Section 2.5. The remuneration of Employees is a transaction between the Employer and the Employee.

8.4 Profile Optimizer. Employees can also request their profile to be optimized by making a payment to Applicant. Employees acknowledge and agree to abide by the following:

  • 8.4.1 Errors. We cannot guarantee our proposals and suggestions will be error free and correct. Our profile optimizers have a strength in English and are trained in our systems and will make suggestions in good faith for the Employees to accept or disregard.
  • 8.4.2 Authorization to Charge. All payments on Applicant can be made through POLi Payments When you request your profile optimized, you will be asked for your banking information. If POLi is unable to charge your bank account for your profile to be optimized or if we do not receive your payment, then you understand that Applicant will not be responsible for any failure to provide you with your profile optimizer.
  • 8.4.3 Language. All profiles submitted for review must be written in English.
  • 8.4.4 Refunds. Should you be unhappy with your optimized profile, you have 7 days to request a re-edit. If we cannot edit your profile to your satisfaction we will issue a full refund to your nominated bank account. If you would like to request a refund or profile re-edit please contact support@applicant.co.nz within 7 days of your returned optimized profile.

8.5 Taxes. Employees and Employers acknowledge that they are responsible to pay any taxes that arise as a result of your service provision, through the Applicant Service. This includes, without limitation, any form of GST tax or income tax on wages; salary; commission; fees; or contract payment received through your use of the Applicant Service.

9. Copyright Infringement.
If you believe in good faith that your copyrighted work has been infringed by content posted on the Applicant Service, please provide our designated copyright agent with a written notice that includes all of the following information:

  • A description of the copyrighted work you believe to have been infringed;
  • A description of the URL or other location on our Site of the material you believe to be infringing;
  • Your name, mailing address, telephone number and email address;
  • A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, which you make under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
  • An electronic or physical signature of the person authorized to act on behalf of the copyright owner.

Our designated agent for notice of copyright infringement can be reached via our contact us page.

10. Third Party Services, Links.
The Applicant Service may contain links to third party websites or resources. You acknowledge and agree that we are not responsible or liable for: (1) the availability or accuracy of such websites or resources; or (2) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources, or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

11. Indemnity.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD APPLICANT HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES AND/OR LIABILITIES, INCLUDING REASONABLE ATTORNEYS' FEES AND COURT COSTS, THAT ARE IN ANY WAY RELATED TO YOUR: (1) transactions and interactions, online or offline, with other users of the Applicant Service; (2) breach of these Terms; (3) disputes with other users of the Applicant Service; (4) your misstatements, misrepresentations, or violation of applicable law; (5) property damage or personal injury to third parties; or (6) Your Content; YOU FURTHER AGREE THAT YOU WILL COOPERATE WITH US IN THE DEFENSE OF SUCH CLAIMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION UNDER THIS SECTION, AND YOU WILL NOT SETTLE ANY SUCH CLAIM OR MATTER WITHOUT OUR ADVANCE WRITTEN CONSENT.

12. Intellectual Property.
12.1 Applicant Service. Applicant and its licensors retain all right, title and interest in and to the Applicant Service, the technology and software used to provide it, all electronic documentation and content available on/ through the Applicant Service (other than Your Content), and all intellectual property and proprietary rights in the Applicant Service and such technology, software, documentation and content. Except for your rights to access and use the Applicant Service set forth in these Terms, nothing in these Terms licenses or conveys any of our intellectual property or proprietary rights to anyone, including you. You agree that we will have a perpetual right to use and incorporate into the Applicant Service any feedback or suggestions for enhancement that you provide to us concerning the Applicant Service, without any obligation of compensation.

12.2 Applicant Trademarks. Applicant owns all rights in and to its trademarks, service marks, brand names and logos (the "Applicant Marks"). If you are a Employee, Applicant grants you, for so long as you are in good standing and maintain a current lisence to use the Applicant Service, a limited, revocable, non-exclusive, non-transferable license to use the Applicant Marks solely: (1) in the form incorporated into goods, including customizable marketing collateral (business cards, signage etc.), made available for purchase via the Applicant Store and/or (2) in any other manner specifically authorized in writing via the Applicant Service. As a condition of exercising such license, you agree that (1) all goodwill associated with your use of the Applicant Marks inures solely to the benefit of Applicant, and (2) such license immediately terminates upon your ceasing to be a Employee in good standing, whether at your own option or because Applicant suspends or terminates your rights to use the Applicant Service.

13. Warranty Disclaimer for the Applicant Service.
The information and materials found on the Applicant Service, including text, graphics, information, links or other items, are provided "as is" and "as available." Profiles, advice, opinions, statements, offers, or other information or content made available through the Applicant Service, but not directly by Applicant, are those of their respective authors, who are solely responsible for such content. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLICANT DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION AND MATERIALS ON THE APPLICANT SERVICE; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN APPLICANT; (3) WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE APPLICANT SERVICE WILL BE CORRECTED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, APPLICANT EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE APPLICANT SERVICE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. IN ADDITION AND WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE SUITABILITY OF ANY EMPLOYEE ON/ THROUGH THE APPLICANT SERVICE.

14. Limitation of Liability.
14.1 Exclusion of Certain Types of Damages. In no event will Applicant be liable to you for any indirect, special, incidental, or consequential damages, losses or expenses that arise out of or relate to the use of or inability to use the Applicant Service, including without limitation damages related to any information received from the Applicant Service, removal of Your Content from the Applicant Service, any suspension or termination of your access to the Applicant Service, or any failure error, omission, interruption, defect, delay in operation or transmission of the Applicant Service, even if we are aware of the possibility of any such damages, losses or expenses. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

14.2 Limit on Our Liability to You. To the maximum extent permitted by law, we disclaim all responsibility for any damages or losses (including, without limitation, financial loss, damages for loss in business projects, loss of profits or other economic losses) whether arising in contract, tort or otherwise from the use of, or inability to use, this website, our services, or any information or material appearing on this website, or from any action or decision taken as a result of using this website or any such services, information or material.

14.3 No Liability for non-Applicant Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL APPLICANT BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE APPLICANT SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM RELIANCE ON INFORMATION OR CONTENT POSTED ON OR TRANSMITTED THROUGH THE APPLICANT SERVICE, OR FOR ANY INTERACTIONS WITH OTHER USERS OF THE APPLICANT SERVICE, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO ATTEMPT TO DEFRAUD OR HARM YOU.

15. Equal Opportunities.
By agreeing to these Terms of Service, you agree to be an equal opportunities employer and will not discriminate on the basis of:

  • Gender or sexual orientation
  • Race or skin colour
  • Age
  • Marital status
  • Physical or mental disability
  • Family or carer's responsibility
  • Pregnancy
  • Religion or political opinion
  • National extraction or social origin

16. Governing Law and Jurisdiction.
These Terms of Service are governed by the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these Terms of Service.

If you have any questions about these Terms of Service, please contact us.