Seasonal Staff Terms of Service

1. Application of Terms

1.1. By using the Platform, you confirm that you accept and agree to comply with these Terms, whether or not you become a Member.
1.2. Please also read our privacy policy [link], because it will apply to all information you provide to Seasonal Staff and forms part of these Terms. By accepting these Terms, you also accept our privacy policy.
1.3. If you do not agree to be bound by these Terms including our privacy policy [link], you must not use any part of our Platform. 1.4. If you accept these Terms on behalf of a company or other legal entity, you warrant that you have the authority to bind that entity to these Terms.

2. Changes

2.1. We may change these Terms at any time by updating them on the Platform. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Platform, you agree to be bound by the changed Terms.
2.2. We can change these Terms at any time by providing you at least 30 days’ prior notice of the change, whether via our Site, by sending you an email. Your continued use after that notice means that you agree to the changed Terms

3. Definitions

3.1. The following words and phrases have specific meanings wherever you see them used in these Terms. Account means a Member’s account and profile information on the Platform. Application means a Seasonal Staff application for a mobile phone, tablet or other mobile or peripheral device. Employer means a Member who creates a Job Listing on the Platform seeking to engage  Workers, whether as employees or contractors. Content means computer code, text, graphics, images, music, software, audio, video, information or other digital materials. Member means each Employer and Worker and Members means all of them. Job means a seasonal work job in New Zealand. Job Listing means the details of the Job uploaded to the Platform by an Employer. Payment Provider means any third party provider of payment functionality enabled by us on the Platform (e.g. Paypal). 7445.1.1280640  Platform means the systems (including the Site, Application and other systems) we provide to
connect Employers and Workers and enable the provision of our Services in accordance with these Terms. Seasonal Staff means Seasonal Staff NZ Limited, a company registered in New Zealand under company number 4276781, with its registered office c/o Mallett Angelo Quinn Ltd, 5 Hunt Street, Whangarei, New Zealand, and our, us and we used in these Terms refer to Seasonal Staff. Services means the provision of the Platform to connect Workers with Employers offering seasonal and other work in New Zealand and our other associated services from time to time, in accordance with these Terms. Service Fees means the annual fee charged to a Worker or Employer to use the Services and the fee charged to an Employer for each Job Listing. Please refer to our Site for the current Service Fees. Site means the Seasonal Staff website at [URL]. Terms means these terms of service. you means the person who accepts these Terms in accordance with clause 1 above. Worker means a Member who has registered as to use the Services as a worker.

4. Seasonal Staff’s Services

4.1. We are not a party to any contract entered into between Employers and Workers, nor are we a recruitment agency. Seasonal Staff has not conducted any checks on Workers (including, but not limited to the Workers ability to work in New Zealand, reference checks or police checks), Employers or the suitability of the Job Listing.  Seasonal Staff has no control over, and is not responsible for, the health and safety of Workers or the Employer’s compliance with health and safety legislation.
4.2. It is an Employer’s responsibility to ensure that each Worker they hire is legally entitled to work in New Zealand.
4.3. If as a Worker you apply for a Job Listing, you acknowledge that the Employer may accept or reject your application in its sole discretion.
5. Creating an Account
5.1. To create a Job Listing, you must first register to become a Member by creating an Account.
5.2. Although Job Listings can be viewed without registering, Workers must create an Account to be able to contact an Employer.
5.3. Once registered, an Employer can view the Worker’s profile information, which includes their name, physical address, email address, telephone number and any other information the Worker has upload, which may include a copy of their passport and visa.
5.4. To create an Account, you must be over 18 years of age and must not have an existing Account. In addition, to create an account as a Worker you must be legally entitled to work in New Zealand. 7445.1.1280640 or in the process of apply info work in New Zealand.
5.5. You agree to provide accurate, current and complete information during the Account registration process and to update such information to keep it accurate, current and complete at all times. You must have a fully completed profile. If you provide any false or misleading information, we may suspend or terminate your Account in accordance with clause 7 .
5.6. We may, but are not obliged to, require you to provide reasonable evidence to verify the information you supply to us when creating an Account or Job Listing.
5.7. During the registration process, you must choose a password as part of our security procedures. You must ensure that your password is strong and not disclose it to any third party.
5.8. You must not allow others to access or use your Account, unless expressly authorised in writing by us. No matter whether anyone using your Account is authorised to use it or has obtained unauthorised access, you will remain responsible for their actions and omissions.
5.9. You must tell us immediately if you think that someone has used or has unauthorised access to your Account or password, or there has been some other security breach.

5.10. You are not permitted to join if you or your company are not the direct employers or parent company/group...   This means that recruitment agencies or labour-hire companies are not permitted to join this site at this time.  If you do join Seasonal staff is not obliged to refund any or part of the paid membership as this has been expressly been stated.
6. Creating a Job Listing
6.1. If you are a Member and wish to apply to create a Job Listing as an Employer, you:
6.1.1 must respond to the mandatory questions required by the Platform relating to the Job and terms on which the Job is to be Listed;
6.1.2 may add optional details as allowed by the Platform from time to time; and
6.1.3 may choose to include minimum requirements which must be met by Employers to be eligible to apply for your Job.

6.1.4 Contacting a candidate either by responding to their job request and subsequent correspondence or by proactively contacting them counts toward the total number of staff for the membership total.  Please ensure you select the correct membership type to avoid your account being disabled once you have reached your membership total.

6.1.5 Once your membership has been reached and you required to purchase another membership, the full membership price will need to be paid.

6.1.6 You must respond to all applicants and change their response status from pending within 5 days, repeated failure to do this may result in termination of your membership.

6.2. The placement or ranking of Job Listings in search results will depend on a variety of factors, including but not limited to time of listing, location and individual Worker preferences. We will have no liability to Employers in respect of the ranking of their Job Listing in search results. 

6.3. We are not responsible for an Employer’s compliance with applicable laws, rules, regulations, or any agreements with or duties to a Worker or other third parties. As an Employer, you acknowledge that you are responsible for all Job Listings you post. For each Job Listing, you warrant and undertake to us and to each Worker that you:
6.3.1 have full authority to post the Job Listing;
6.3.2 have complied and will comply with all applicable employment and health and safety legislation, guidelines and codes of practice and have not unlawfully discriminated against a Worker or prospective Worker under the Human Rights Act 1993; and 

6.3.3 have not included or failed to include any information that by its inclusion or omission makes your Job Listing misleading or deceptive under the NZ Fair Trading
Act 1986 or any similar law in any jurisdiction.

7. Terminating your Account

7.1. You may close your Account or terminate one or more specific Job Listings at any time by following the Account closing process on the Platform. 7445.1.1280640
7.2. We have the right to suspend or terminate any Account, or number of Accounts, or all Accounts, at any time, for any reason or no reason, which need not be disclosed to you. This includes but is not limited to Accounts that we consider in our sole discretion, contain invalid information or to have been used for inappropriate or objectionable activities, in violation of these Terms, in breach of any law in any jurisdiction or which are, or may be, harmful or detrimental to Seasonal Staff, the Platform or any Member or third party. We shall not be liable for any loss of revenue or opportunity or any damage, cost or other liability, suffered or incurred by you in connection with a suspended or terminated Account.
7.3. If we exercise our discretion under these Terms to suspend or terminate your Job Listing or Account, any or all of the following can occur with or without any notice or explanation to you your Job Listing or Account (as applicable) will be deactivated or suspended and you will not be able to access any part of the Platform, your Account or your Content.
7.4. If your Account is terminated, we do not have an obligation to delete or return to you any Content you have posted to the Platform.
8. Seasonal Staff service fees
8.1. In consideration for the use of the Platform and Services we charge the Service Fees, which are non-refundable.

9. Reviews and ratings

9.1. Where we provide any facility for you to provide reviews or ratings, those reviews and ratings will be truthful and not misleading, appropriate in language and tone for a professional site in the nature of the Platform, will not harm anyone under the Harmful Digital Communications  Act 2015 (HDC Act) and will not infringe anyone’s rights or otherwise be illegal.
9.2. You understand and will abide by any review, rating and community guidelines we may publish from time to time, including where these give us the right to terminate your Membership for breach.
9.3. All reviews and ratings are subject to our approval.
9.4. We may disallow or delete any review or rating for any reason or no reason, in our complete discretion.

10. Your Content

10.1. By uploading Content to and creating Content on, the Platform, you grant us the licence referred to in clause 13.3 below.
10.2. You must maintain copies of all Content you upload to the Platform. We do not make any guarantees that there will be no loss of your Content or the Services will be bug free. You should download all your Content prior to terminating your Account.
10.3. We have standards which apply to the Content you upload to the Platform. These are set out in clause 11.1 and in any review, rating and community guidelines we may publish from time to time. If we are notified of a claim that Content you have uploaded to the Platform breaches our standards, we may prevent your Content being accessible through the Platform or being used in connection with Services and/or delete it.
10.4. If we terminate your Account because you have breached these Terms we may delete your Content immediately or keep it for evidential purposes. 7445.1.1280640

11. Uploading appropriate Content

11.1. Whenever you upload Content to the Platform or use the Platform to create or send Content, you must comply with the Content standards set out in this clause 11.1 . You will not with respect to such Content:
11.1.1 upload, create, transmit, distribute, or store obscene, offensive, objectionable or inappropriate content;
11.1.2 damage, interfere with or degrade the functioning of the Platform;
11.1.3 upload, create, transmit, distribute, or store verbal, physical, written or other abuse or unsolicited commercial communications (including threats of abuse or retribution or spam) to any person or cause harm to any person in any way under the HDC Act; or
11.1.4 upload, create, transmit, distribute, or store material that violates trademark, copyright, trade secret, or other intellectual property rights of others or violates the
privacy, publicity, or other personal rights of others.

11.2. You warrant that any Content you uploaded or send via the Platform complies with the Content standards in clause 11.1 . You will be liable to us and you indemnify us for any breach of that warranty. We have the right to remove any Content without notice if, in our opinion, your Content does not comply with those standards.

12. Privacy

12.1. Please see our privacy policy [link] for information and notices concerning Seasonal Staff’s collection and use of your personal information.
12.2. If you are an Employer, in accordance with our privacy policy we will provide you with access to information in a Workers profile (which may include personal information).
12.3. If you are a Worker, in accordance with our privacy policy we will provide you with access to information in an Employer’s profile (which may include personal information).
13. Intellectual Property Rights
13.1. We are the owner or the licensee of all intellectual property rights in the Platform (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel). Those works are protected by trade mark, copyright and other intellectual property and trade practices laws and treaties around the world. All such rights are reserved.
13.2. You must not reproduce, duplicate, copy, sell, assign, resell or exploit any portion of the Platform or anyone else’s Content, without our express prior written permission.
13.3. You own, or undertake that you are authorised to use, any intellectual property in any Content you upload to or create on the Platform. You grant us a worldwide, royalty free licence to use, store, back-up, copy, transmit, distribute, communicate and otherwise make available your Content, for the purposes of enabling you and those you give access to, to use the Platform and the Services and for any other purpose related to provision of the Services to you and them. 7445.1.1280640

14. Takedown procedure

14.1. Without limiting our other rights in these Terms, we may, without any prior notice to you, remove any of your Content from our Platform or block access to our Platform (totally or partially) where we have received a notice of intellectual property infringement or notice of takedown in respect of your Content. You agree that we will have no liability to you in respect of any loss (including loss of profit), cost or damage suffered or incurred by you as a result of such action.
14.2. If there is a dispute between you and a third party as to whether your Content infringes the intellectual property of that third party, you acknowledge that it is your responsibility to resolve such dispute with the third party, and until you have provided us with satisfactory written confirmation of a resolution between you and the third party we will not restore the alleged infringing materials or reinstate access to the Platform.  You agree to indemnify us against all claims, proceedings or actions by such third party against us including costs (legal or otherwise) that we may incur in defending such claims, proceedings or actions on a full indemnity basis.

15. Viruses

15.1. We do not guarantee that the Platform will be secure or free from bugs or viruses. You are  responsible for configuring your information technology, computer programmes and platform in order to access the Platform. You should use your own virus protection software. 15.2. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or Application or to your downloading of any Content on either of them, or on any website linked to either of them. 
15.3. You must not misuse the Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform. You must not attack the Platform via a denial-of-service attack or a distributed denial-of service attack.

16. Disclaimers and limitation of liability

16.1. If you choose to use the Platform, you do so at your own risk.
16.2. The Platform and Content are provided without warranty of any kind, either express or implied. We make no warranty that the Platform or Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
16.3. You are solely responsible for all of your communications and interactions with other Members.
16.4. To the extent permitted by law, we excludes all conditions, warranties, representations or other terms which may apply to the Platform and any Content on it, whether express or implied.
16.5. We will not be liable to any Member or other third party for any direct, indirect or consequential loss, cost, lost opportunity or profit, lost goodwill, reputational damage or liability or other adverse event whatsoever, whether in contract, tort (including negligence),  7445.1.1280640 breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
16.5.1 use of, or inability to use, the Platform or Services;
16.5.2 any contact you have with other Members whether in person or online; or
16.5.3 use of or reliance on any Content displayed on the Platform.
16.6. Without limiting clauses 16.1-16.4, in no event will Seasonal Staff’s aggregate liability arising out of or in connection with these Terms and any Member’s use of or inability to use the Platform and Services exceed: 
16.6.1 In the case of Seasonal Staff’s liability to an Employer, the Service Fee for the Job Listing giving rise to the issue; or
16.6.2 In the case of Seasonal Staff’s liability to a Worker, the annual Service Fee paid by the Worker.

17. Indemnity

17.1. You agree to indemnify, and hold Seasonal Staff and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, any tax, legal and/or accounting fees, arising out of or in connection with your access to or use of the Platform, Services or your violation of these Terms. 
18. Miscellaneous
18.1. We may assign or transfer these Terms, at our sole discretion, without restriction. You may not assign or transfer your rights under these Terms without our prior written consent, which may be withheld in absolute discretion.
18.2. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Seasonal Staff:
18.2.1 via email (in each case to the address that you provide) or
18.2.2 via the Platform. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is sent.

18.3. These Terms shall be governed by and construed in accordance with New Zealand law. You agree to submit to the exclusive jurisdiction of the courts of New Zealand with respect to any claim or matter arising out of or in connection with these Terms or their termination.
18.4. No failure or delay by Seasonal Staff to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy by Seasonal Staff shall prevent or restrict the further  exercise of that or any other right or remedy.
18.5. If any provision or part-provision of these Terms is or becomes void, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be severable and deemed to be deleted, and shall not affect the validity, legality or enforceability of the remaining provisions. 7445.1.1280640
18.6. If you have any questions or concerns in relation to the Platform or these Terms, please Contact Us [Link].
18.7. These terms were last updated on [Date of publishing].