Who is an Advertiser In these Advertising Terms, an Advertiser means a person that:
has placed an advertisement (the relevant ad) on Jobsite;
has accessed the employer “List a Job” section of Jobsite;
has been advised that applications submitted in respect of the position advertised in the relevant ad will be stored on your behalf within Connexis’ CRM; or
has accessed Jobsite with a view to doing any of the above things, or has accessed or used any features of Jobsite or any of Connexis’ products or services offered through Jobsite.
References In these Advertising Terms, “Connexis”, “we”, “us” and like terms means Infrastructure Industry Training Organisation Inc., trading as Connexis, the owner and provider of Jobsite, and “you” and like terms means you, the Advertiser.
Changes to these Terms Connexis may modify these Advertising Terms at any time, and such modifications shall be effective immediately upon posting the modified Advertising Terms on Jobsite. By continuing to access and use Jobsite, you are deemed to have accepted the most recent Advertising Terms.
Hardware access You must ensure that you have the necessary computer hardware and software systems in place to access and utilise Jobsite.
Login and password Your access to Jobsite will be via a secure login username and password issued to you by Connexis (Password). You are responsible for:
providing Connexis with the name and contact details of individuals authorised to access Jobsite on your behalf (Authorised Users);
maintaining the confidentiality of your Password and login name;
ensuring that all Authorised Users maintain the confidentiality of their Password and login name;
all activity occurring under your user account. This means you must:
not allow anyone other than an Authorised User to access or use Jobsite using your login and Password;
immediately notify us of any unauthorised use of your login or Password or any other breach of security.
Responsibility for Authorised Users Any act or omission by an Authorised User in respect of the use of Jobsite that breaches these Advertising Terms or the general Terms will be deemed a breach of these Terms by you.
Once Connexis has granted you access to Jobsite, you will have such access until you terminate your use of Jobsite, or your access is terminated by us in accordance with these Advertising Terms or the general Terms.
Placing an Advertisement An Advertiser may post an Advertisement to Jobsite:
that is in respect of a genuine employment opportunity that is current as at the time of posting the Advertisement, and for which the Advertiser is currently recruiting (and we may request any information from you that we deem necessary to verify that a genuine employment opportunity exists)
that is for one vacancy only (if you include multiple vacancies in one Advertisement, we may charge you for the number of vacancies advertised in the one Advertisement);
in the correct category (you must ensure you are familiar with the description of, and details required for an Advertisement relating to, each category available on Jobsite);
by entering into each data field, only the information relevant to that data field;
that is for a location within New Zealand only (unless we give written consent to another location); and
that is valid for 30 days, or such shorter period as you choose.
Content of Advertisement The Advertiser must ensure that an Advertisement:
complies with all applicable legislation, regulations, by-laws, ordinances and codes of conduct, including the Fair Trading Act 1986 and the Human Rights Act 1983;
does not promote or refer to brands other than those associated with the Advertiser within the details of the vacancy, within an employer/company profile or otherwise, without our written consent (which may be given or withheld at our discretion).
Connexis’ right to alter Advertisements Connexis may take such steps as it deems necessary to correct any Advertisement that it considers does not meet the criteria in clause 9 or that breaches the requirements of clause 10, including by moving Advertisements from one category of Jobsite into another category, amending the information in any data fields, deleting any content or deleting the Advertisement entirely. In addition, Connexis reserves the right in in its absolute discretion to reject or remove any Advertisement from Jobsite for any reason.
Restrictions on your use of Jobsite You must only access and use Jobsite for lawful purposes, and in compliance with all relevant legislation (including the Privacy Act 1993). You must not:
modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from Jobsite, including code and software, except as permitted by these Advertising Terms or the general Terms;
not use Jobsite or any features of Jobsite to upload, download, transact, store or make available data that we consider is unlawful, offensive, objectionable, defamatory or otherwise damaging to Connexis, Jobsite users or persons generally;
use data mining, robots, screen scraping, or similar automated data gathering, extraction or publication tools on Jobsite for any purpose without our written consent;
ask or require any candidate to pay a fee, charge, cost or any money whatsoever to apply for any vacancy in an Advertisement (either in the Advertisement or in any communication that takes place as a result of an Advertisement); or
use any feature of Jobsite to send any unsolicited commercial electronic messages to anyone.
Privacy of candidates’ information paramount We take our obligations under the Privacy Act 1993 seriously, and expect our Advertisers to do the same. Candidates using Jobsite provide their personal information (within the meaning of the Privacy Act 1993) for the purposes of finding out about and pursuing job vacancies, and you must only use a candidate’s personal information for that purpose.
Misuse of candidates’ information Examples of the uses of candidate information prohibited by these Advertising Terms include:
selling or offering to sell services or products (such as learning or educational courses or tools) to candidates;
providing a candidate’s personal information to any other party (unless Connexis or the candidate has given written consent to your doing so). This restriction applies whether or not you receive payment for the candidate information.
Suspension or termination for misuse If Connexis believes that you have misused candidate data, Connexis may:
immediately suspend or terminate your account;
immediately suspend or terminate the account of any party that has received candidate personal information from you;
report such misuse to the relevant authorities, including the Privacy Commissioner’s Office.
Requests for personal information If Connexis receives a request from a candidate whose personal information you have received for access to or correction of that personal information, we will pass such request on to you. You must respond to such request in accordance with the Privacy Act 1993.
Ownership of data All data stored on Jobsite on behalf of the Advertiser is owned by the Advertiser, and not Connexis.
The Advertiser hereby grants Connexis a perpetual, non-exclusive, irrevocable licence to use any stored data to:
manage internal reporting requirements;
collate statistical information about use of Jobsite;
analyse user behaviour on Jobsite;
obtain and analyse high level trends and prepare reports relating thereto; and
generally improve the experience of Advertisers, candidates and users.
Your warranties You warrant and agree that:
you have the legal capacity and power to agree to be bound by these Advertising Terms;
Advertisements and other material you post on Jobsite will not breach the intellectual property rights of any third party;
all files uploaded or delivered to Jobsite or us will be free of infection or viruses;
you will not use Jobsite for any illegal purpose; and
you will use Jobsite only in accordance with these Advertising Terms and the general Terms.
You indemnify Connexis You indemnify and will keep indemnified Connexis, its officers, employees and agents against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by Connexis in connection with:
any breach of these Advertising Terms or the general Terms by you;
without limiting paragraph a., any breach by you of clauses 14 to 17 of these Advertising Terms or of the Privacy Act 1993;
any negligent act or omission by you; and
any Advertisement you post.
Connexis’ obligations – what we do and don’t do Connexis provides the Jobsite website, and so acts as a medium through which individuals seeking employment opportunities can connect with Advertisers. Connexis:
does not vet, nor is it responsible for vetting, candidates or the representations made by them whether oral or in writing;
agrees to use reasonable efforts to publish your Advertisement promptly;
accepts no responsibility or liability for any errors in your Advertisement (you must check your Advertisement once it appears on Jobsite);
may alter the functionality and/or appearance of Jobsite itself and the products and services available through Jobsite including in relation to the way Jobsite functions or appears on mobile communication devices, without notice to you.
Termination Connexis may terminate your access to and use of Jobsite immediately and without notice to you if Connexis considers you have breached these Advertising Terms or the general Terms.
Action on termination If we terminate your access to and use of Jobsite, we will, within 20 Business Days, forward all applications and associated information stored on your behalf to your nominated email address.
Survival of terms Termination of our agreement with you as a result of you breaching any one or more of these Terms, will not end provisions of these Terms that are capable of surviving termination.
No assignment without consent You may not assign or transfer any rights and obligations pursuant to these Advertising Terms to any other person or entity without our prior written approval (which will not be unreasonably withheld). If you are a company, any change in your effective control shall be deemed an assignment for the purpose of this clause.
Unenforceable terms severed If any part of these Advertising Terms is held to be invalid or unenforceable, that part shall be severed from these Advertising Terms and the remainder of these Terms will continue to be valid and enforceable.
Governing law These Advertising Terms shall be governed by New Zealand law and you and we submit to the exclusive jurisdiction of the New Zealand courts.