TERMS OF SERVICE


Introduction
Welcome to the Terms of Service and Use (the “Terms”) for our website, which is available at www.nohi.co.nz (the “Site”). The following Terms, together with our Privacy Policy governs your access and use of the site and the services that we make available to you through the site. Please, carefully read these Terms and also our Privacy Policy (the “Policy”), which is incorporated herein by reference. These Terms will also include any additional guidelines, regulations and policies made available to us from time to time.

You acknowledge and agree that through the simple access and use of our Site, products, brands and services (our “Service”); you have read, understood and agree to be bound under these Terms. If you do not agree to these terms, then please exit our Site and stop using any of our Services. By using our Site and Services, you represent that you are legally competent to enter into a binding contract with Nohi under your applicable jurisdiction. If you enter or use our Site and Services on behalf of any company or third-party, you acknowledge and agree to us that you are authorized by such company or third-party to request our Service, thereby binding that company or third-party to these Terms and our Policy.
The Site and the services made available through the site is be made available for use only by individuals seeking employment opportunities and by individuals and/or organizations seeking to make available, on their behalf or on others behalf, information relating to employment opportunities.


We hereby reserve the right to change, update, modify, discontinue or terminate the Site, the Service, these Terms, temporarily or permanently, at our sole and final discretion. Any changes to these Terms may be displayed in the Site, and we will try to notify you by email or other means of contact. By continuing to access or use the Site or Services after we post any and all modifications on the Site or our Service, you are acknowledging that you agree to be bound by and under the amended Terms. We will not be liable to you or any third party for the suspension, discontinuance or inaccessibility of the Site or Services.


In order to use our Services, you need to register into our Site either as an Employer or as a Job Seeker and obtain a username and password. You represent and warrant to us that any and all information provided by you to us when creating an account is accurate and complete. Henceforth, you are solely responsible if you allow any third party to enter and use your account. If we have any reason to believe that your account has been compromised, we reserve the right to suspend or freeze your account.


All data and content made available to you through the Site and Service, such as graphics, logos, page headers, button icons, scripts and service names, are trademarks (whether registered or in the process thereof), copyright, service marks, or other trade dress property of Nohi, not you, and is protected by the New Zealand and international intellectual property laws. We own – not you – our information, data and content, including but not limited to: databases, technology, know-how, visual interfaces, interactive features, graphics and design or the Site and other products, software, aggregate databases and metrics, supervision systems, business model, cost measures, feedback and all other elements and components of the Site and Service.
Any use of the Site or the Site Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by us at any time without notice and with or without cause. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.


Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Services subject to the Terms of this Agreement. Any rights not expressly granted herein are reserved by us. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by us; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; or (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services. You agree not to, and will not undertake, motivate, or facilitate the use or access of the Site to:


You hereby represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the service will be in violation of the rights of any third party, including but not limited to the copyright, trademark, publicity, privacy or other personal or proprietary rights.
Although we are committed to providing a safe user experience, we do not guarantee that the platform, or any content in it, will be safe, error-free or uninterrupted, or that it will be free from bugs or viruses. From time to time, access to the service may be interrupted, suspended or restricted, including because if a fault, error or unforeseen circumstances or due to scheduled maintenance. We shall not be liable to you for any loss or damage that you may suffer as a result of the service being unavailable at any time for any reason.
You agree, undertake and confirm that your use of the platform shall be strictly in accordance with the following binding guidelines:
a. You shall not host, display, upload, modify, publish, transmit, update or share any information which:

  1. belongs to another person and to which you do not have any right to make use of or promotes an illegal or unauthorized copy of another person's copyrighted work such as posting any resume that doesn’t belong to you, providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices;
  2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or,
  3. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual or provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
  4. Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming" or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information;
  5. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  6. Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; contains video, photographs, or images of another person (with a minor or an adult);
  7. tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users.
  8. Interferes with another user's use and enjoyment of the website or any other individual's user and enjoyment of similar services;
  9. Refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
b. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.
c. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
d. It is possible those other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Website You acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Website. Please carefully select the type of information that you publicly disclose or share with others on the Website.


Account Terms: Concerning your use of our Site and services, Nohi shall not be considered to be an employer and Nohi shall not be liable for any employment decisions, for whatever reason, made by any entity posting jobs on our Site. Employers are entirely responsible for their job posting on the site.
As a user with an Employer account, you understand and acknowledge that all of your Nohi account information, including saved resumes, saved job seeker, network contacts, and email mailing lists, will be marked as deleted in and may be deleted from Nohi databases if you cancel your employer account or your employer account is terminated.
Job Post Terms: You hereby agree that you will not use your Nohi Employer profile to:

  1. Post jobs that are illegal within New Zealand or does not comply with applicable national employment or labour laws.
  2. Post jobs with screening criterion or requirement where such screening criterion or requirement is not a needed or legal requirement of the posted job.
  3. Advertise, promote or sell products or services through a job post;
  4. Advertise, promote or sell products or services through a job post;
  5. post jobs or other advertisements for competitors of Nohi or post jobs or other content that contains links to any site competitive with Nohi; and
  6. (post or promote any job opportunity that does not represent bona fide employment.
Job Ads: When posting a job ad on the platform, you agree that such an ad must be in compliance with the terms herein. You agree that a job ad may not:
  1. Be fake, misleading, or contain ambiguous terms or keywords that are irrelevant to the job role.
  2. Contain names, trademarks or logos of unaffiliated companies other than those of your customer save where expressly agreed by Nohi;
  3. Contain misleading or unrelated information to the job posting such as the city, town, or location of the job;
  4. Contain material or hyperlinks to contents that exploit people in a violent, sexual or in another manner, or solicit personal information from anyone under 18;
  5. Contain multiple locations; and
  6. any hyperlinks, other than those specifically authorized by Nohi.
As an Employer on the platform, you understand and agree that Nohi reserves the right to remove any content or job from the site, which in our own reasonable discretion is not in compliance with the terms herein.


We provide resume building services to job seekers and as such, we may make available to you; the Employer, a resume database. You agree to use the resume database in accordance with the following terms:

  1. You agree not to use the Resume Database in any way except as given in these Terms and in any contract you have with Nohi. You shall use the Resume Database in compliance with all applicable privacy and data protection legislation, and you accept that you shall not reveal any data from the Resume Database to any third party for employment purposes.
  2. You shall not use the resume database for any other purpose except as an employer seeking to hire employees.
  3. You shall not use the resume database to make unsolicited emails, phone calls or send newsletters.
  4. You agree that you will take appropriate physical, technical, and administrative measures to protect the data you have obtained from our resume database from loss, misuse, unauthorized access, disclosure, or alteration.


As a Job Seeker applying to jobs through our website, you acknowledge and accept that any resume or application information that you submit through the Site, including Personal Data included in a resume or application, is subject to this Agreement and to our Privacy Policy incorporated here by reference.
Without limiting the foregoing, however, please note that by making your resume available to us through our site, you are requesting and authorizing Nohi to make available your resume to any prospective Employer that we believe may have an interest in your resume.
By creating or uploading a resume on our site, you also authorize us to match your resume with job descriptions that we believe you may have an interest in. We may also send you relevant emails as regards hiring or career guides as part of its services to you. In addition, by using Nohi and our available tools, you agree that we are not responsible for the content of an available job description or messages. Nohi does not in any way guarantee the validity or accuracy of the job description or fitness for specific purposes and we hereby advise that you verify the validity of a job match before proceeding with further actions.


Certain aspects of the Nohi Services may be provided for a fee. As a user of the service, you may elect to use a paid feature of the Services, you agree to the pricing and payment terms for the applicable Services, as we may update them from time to time. Any recurring charges are billed in advance of service. Niho may (i) add new services and products for additional fees and charges, at any time in its sole discretion, or (ii) amend fees and charges for existing services, at any time in its sole discretion upon notice.


We are not responsible for verifying Users that make use of the platform and as such, it is your responsibility to conduct the appropriate due diligence before communicating or interacting with other Users, including, without limitation, Job Seekers, Employers, staffing agencies, and recruiters. You understand and agree that Nohi does not, and cannot, confirm that each User is who he/she/they claim to be. You assume all risks associated with Users with whom you come into contact. If you have any disputes or issues with any User you agree to pursue any remedies directly with the applicable User and you release Nohi, its subsidiaries, and their respective employees, directors and agents from all claims, demands and damages of every kind (actual and consequential and direct and indirect) known and unknown, suspected and unsuspected, disclosed and undisclosed, to the fullest extent permitted by law.


Some links on the website may allow you to leave the platform. The linked sites are not in any way under the control of Nohi and we are not responsible for the contents of any of such linked site or any link contained in a linked site, or any changes or updates to such sites.
Nohi is not responsible for any form of transmission sent or received from any linked site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, adoption or endorsement by us of the site. Your use of any linked site is at your own risk and is subject to the terms of use and privacy policies located on such site.
Any information or content expressed or made available by a third party or any other Site Visitor or User is that of the respective author(s) or distributor(s) and not of Nohi. Nohi neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Site by anyone other than Nohi’s authorized agents acting in their official capacities.


You hereby agree to indemnify, defend and hold harmless Nohi and/or its successors, affiliates and successors, and its and their managers, employees, agents or other officers, from and against any and all claims, actions, liabilities, demands, losses, causes of action, procedures, orders, damages, costs and expenses (including any reasonable attorney's fees and expert witnesses therefrom) of any type of nature, incurred by Nohi and/or its successors, affiliates and successors, and its and their managers, employees, agents or other officers, arising out of or relating to your use of the Site, your breach of this Terms or the Policy, or your infringement of any rights of any third party.


Advises, opinions, statements, offers, or other content or information made available through the Service to you, but not directly by Nohi are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Nohi does not in any way guarantee the accuracy, completeness, or usefulness of any information on the Site and neither do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than Nohi. We take no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Service. Under no circumstances shall we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.
Though Nohi strives to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable. Nohi reserves the right, but has no obligation, to monitor or censor the materials posted in the public areas of the site or to limit or deny a user’s access to the Site or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. Nohi shall have the right to remove any such material that in its sole opinion violates or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others.


By accessing or using the site, you represent and warrant that you have read, understood, and agreed to be bound by and under these terms. We supply our Site and Services “as is”, “with all faults”, and “as available”, including all content, software, data, materials, services, functions, and/or information made available therein. Accordingly, Nohi is not liable to you for any loss or damage that might arise therefrom and Nohi hereby disclaims any express or implied warranties, including warranties as to the products or services offered by third parties listed on the Site, non-infringement, merchantability, and fitness for a particular purpose. The use on your part of the products and/or services provided through the site is at your own and final discretion. No oral or written information or advice provided to you by Nohi shall create a representation or warranty of any kind.


We shall not be liable for any direct, indirect, special, incidental, consequential, punitive or exemplary damages arising from your use of the Site, the Service, your data and any reliance on the results therein, including hyperlinks to third party websites, or for any security breach associated with the transmission of your personal data, through the Site, the Service or any other website; and for loss of profits, loss of goodwill, products or services devised or based upon the Service or for any activity performed thereby, or otherwise arising out of the use of such, whether based on contract, tort, strict liability or other legal theory, even if you have been advised of the possibility of damages and even if such damages result from our negligence or gross negligence.
Nohi’s maximum cumulative liability to you for losses or damages arising in connection with your access of the Site under these Terms shall be limited to (i) the amount paid, if any, by you to Nohi during the twelve (12) months prior to the action giving rise to such liability; or (ii) NZD 100, whichever results inferior.


Any dispute arising from or relating to these Terms will be heard solely by a court or tribunal of competent jurisdiction within New Zealand. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed and that you will be responsible for our reasonable attorney’s fees, court costs, and disbursements in doing so. You agree that the unsuccessful party in any dispute arising from or relating to these Terms will be responsible for the reimbursement of the successful party’s reasonable attorney’s fees, court costs, and disbursements.


Entire Agreement: Except as otherwise specified herein, these Terms of Use constitute the entire agreement between you and DCF with respect to your use of this Web Site and supersedes all prior communications and proposals (whether oral, written, or electronic) between you and DCF with respect to use of this Web Site. Any rights not otherwise expressly granted by this Agreement are reserved by DCF.
Waiver: The failure of DCF to exercise or enforce any right or provision of the Terms and Conditions of Use shall not constitute a waiver of such right or provision.
Assignability: You may not assign or transfer these Terms, by operation of law or otherwise, without Nohi's prior written consent. Notwithstanding the foregoing, we may assign any rights or obligations hereunder.
Severability: If any part of these Terms of Use is held invalid or unenforceable, by a court of competent jurisdiction, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.


In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site and services, please contact us at support@nohi.co.nz.