Terms and Conditions of Use.
These are the Terms and Conditions of Use for the Vacancy Manager 'SYSTEM' and 'Service'. They may be supplemented by commercial terms agreed in writing between you the 'Client' and 'Knowhow'. For the avoidance of any doubt the terms expressed in this site governing the use of the 'SYSTEM' take clear precedence over any other terms agreed between 'Client' and 'Knowhow' unless these terms specifically refer to overriding the terms expressed here on this site.
You should not enter or use this system unless you agree to these Terms and Conditions of Use both as a 'User' and as a 'Client'.
“Knowhow” means Knowhow2 Limited, registered in New Zealand and all companies connected with us. A company is connected with us if it is: (i) a subsidiary or holding company of us; (ii) controlled by the same person(s) who control us or our holding company; (iii) a subsidiary or holding company of any company in (i) or (ii) above; or (iv) in the same group as any company under (i), (ii) or (iii) above.
“SYSTEM” means the suite of online applications in the fields of recruitment, human resources and contact management, as developed and marketed on this Vacancy Manager website and all other associated sites managed by Vacancy Manager.
“Sub-System” means that software integrated into Vacancy Manager typically for, but not limited to, the management of files including to those for; background checks, psychometrics, assessment tests, video interviewing etc. Vacancy Manager may hold weblinks to, or present data that may originate from or be generated from such systems.
“Service” means the hosted service provided for deployment and delivery of the (Vacancy Manager) SYSTEM and any Sub-System.
“Client” means your organisation, company or business that has contracted with Knowhow for HR and/or recruitment services and to whom Knowhow is supplying this “Service”.
"Website" means Knowhow supplied website, or websites made available as part of the SYSTEM and managed by Knowhow as part of the delivery of the “SYSTEM” and its “Service” pursuant to this Agreement.
“User” and “User(s)" means those individuals granted access to the SYSTEM and any Sub-System as authorised by the “Client” and who have been supplied with system logins and passwords by Knowhow following due authorisation or direction of the Client. This term specifically excludes any Knowhow system logins or Knowhow users or staff who may need to use or access the system.
1.0 Knowhow Obligations
1.1. Knowhow will use its reasonable endeavours to ensure that the Service will be uninterrupted and error free, but does not give any such assurances nor does it warrant accessibility at all times. In particular Knowhow does not accept liability for any inability to access the Service by reason of any failure or defect in telecommunication links provided by third parties or by failure on the part of the Client, the Client's Users, or its equipment. Nor does Knowhow warrant accessibility to or liability for any inability to access the Service by reason of any failure or defect in any Sub-System that may comprise the Service.
1.2. In the event of a Client termination under clause 2.4 below Knowhow will not be obligated to supply any copy of information contained within the SYSTEM or any Sub-System. Where Knowhow choses, or has agreed within separate commercial terms, to supply data on termination this will be limited to the data tables reflecting the information held on any candidates or contacts held on the SYSTEM that have not been previously or separately archived by SYSTEM. This also excludes any and all uploaded files, where the responsibility for download is that of the Customer using the SYSTEM or Sub-System facilities during the availability of service.
1.3. Knowhow reserves the right to suspend the Service without prior notice or to terminate the Service without notice where due fees have not been paid by the Client according to the agreed terms or where in its sole opinion that the Service has been misused by the Client or one or more of its User(s).
1.4. Upon advice by the Client to Knowhow of termination of the Service or any termination by Knowhow of the Service to that Client either with or without notice, Knowhow will be required to in a reasonable timescale of its own discretion to decommission the Service and destroy all records held on the SYSTEM for that Client. Knowhow may also at its sole discretion place notices on SYSTEM website pages and links advising that the Service for the Client is no longer available.
1.5. Knowhow will provide a problem management procedure for notifying any issues with the delivery of the Service and will report regularly to the Client on any issues raised and their outcomes.
2.0 Client / User Obligations
2.1 The Client will use all reasonable endeavours to ensure that it supplies for use on the Service; accurate, complete and true information and/or images in appropriate electronic or e-mail format or medium, and will ensure that such text is free from profanities and errors and alert Knowhow as soon as reasonably possible to any errors detected in any material supplied and published by the System.
2.2 The Client undertakes to indemnify Knowhow of any liability and the User accepts that it is a condition of the use of the Service that both Client and User agree to the following undertakings:
(a) to inform Knowhow immediately upon becoming aware of the misuse of the Service by any person;
(b) to take all reasonable precautions against unauthorised access to the Service by any person including the use of user names and passwords and secure information;
(c) to ensure that any public advertisements and data supplied comply with all relevant legislation;
(d) to ensure that all advertising and material placed on the SYSTEM its supporting websites and any Sub-System supplied by and/or approved by the Customer will at all times comply with applicable advertising codes of practice (including moral and legal obligations). Knowhow shall be entitled to remove any advertising and/or material that is placed on the SYSTEM or any Sub-System which in its opinion does not comply with applicable advertising codes of practice.
(e) to agree not to sell, copy, submit, transmit or make available in anyway any software or passwords received for the purpose of accessing the SYSTEM and any Sub-System.
(f) to warrant that all material supplied by it for use on the SYSTEM and any Sub-System will not violate any intellectual property rights of any third party.
2.3 The Client agrees to settle all fees due to Knowhow promptly on the agreed due date and is aware that any failure to do so may result in possible suspension without notice or termination of this service under clause 1.4.
2.4 The Client has the right to terminate the service at any time subject to their separate commercial agreement with Knowhow. Uploaded files including CV’s are available for Customer download only whilst the service is being provided and it is the responsibility of the Client to download those they require before the service is terminated. The Client agrees that Knowhow may delete all Client supplied information and data that form the Service, including candidate supplied data, following the expiry of the termination notice period.
3.1 Knowhow and the Client and shall keep confidential all personal details contained within any records submitted by members of the public or other information received or processed through the SYSTEM and any Sub-System. The User is advised that it is a condition of use that they that they are also responsible for keeping confidential all personal details contained within any records submitted by members of the public (candidates) or other information received or processed through the SYSTEM and any Sub-System.
3.2 Knowhow and the Client shall in all respects comply with all relevant statutes and regulations affecting the provision of the Service and the receipt and processing of candidate data and applications and in particular any Data Protection and Privacy regulations that may be enforceable within New Zealand and or any other jurisdictions for which either candidates are sought, vacancies are advertised for and or which form the location for the User of the SYSTEM. The Client will ensure that the User is aware that it is a condition of use that they also shall in all respects comply with all relevant statutes and regulations affecting the provision of the Service and the receipt and processing of candidate data and applications and in particular any Data Protection and Privacy regulations that may be enforceable within New Zealand or other jurisdictions for where the Client advertises vacancies and/or undertakes recruitment activity using the SYSTEM.
4.1 The Client shall fully and effectively indemnify Knowhow in respect of any or all claims or proceedings which may be brought or threatened against Knowhow arising out of or in connection with any public advertisement or provision of material published on websites implemented through the SYSTEM and any Sub-System and in particular (but without prejudice to the foregoing) any claim or proceedings as a result of the publication of any material supplied by its Client, or which its Client has approved, which contains defamatory statements or statements that discriminate in respect of race, age, creed, religious belief, gender, sexual orientation, age, disability, marital status or any other basis that is prohibited by law.
4.2 The Client shall fully and effectively indemnify Knowhow in respect of all or any claims or proceedings which may be brought or threatened against Knowhow arising out of or in connection with the actions of Client User(s) in progressing records through the SYSTEM and any Sub-System and in particular (but without prejudice to the foregoing) any claim or proceedings as a result of actions undertaken by the Client and its User(s) in connection with discrimination in respect of race, age, creed, religious belief, gender, sexual orientation, age, disability, marital status or any other basis that is prohibited by law.
4.3 These terms and conditions and the relationship between both Client and User with Knowhow shall be governed by and construed in accordance with the Law of New Zealand and it is a condition of use that both Client and User agree to submit to the exclusive jurisdiction of the Courts of New Zealand.
5.1 Knowhow shall not be liable for any loss or damage arising as a result of any material or information transmitted via the Service or otherwise by a candidate in respect of any advertisement or application using the SYSTEM and any Sub-System.
5.2 Knowhow shall accept no liability for the accuracy of any text contained within advertisements and web pages published by the SYSTEM where content has been provided by Client and/or approved by Client and shall not be liable for any mistakes not identified during the uploading of information onto the SYSTEM and any Sub-System.
5.3 Knowhow accepts no liability for loss or damage to copy artwork or other materials sent or claimed to have been sent by the Client to Knowhow.
5.4 Knowhow does not undertake to contact either User(s) or members of the public whom may use the Service and Knowhow does not guarantee that a candidate who may be using the system will attend an interview or engage in communication even if the candidate has expressed a willingness to do so.
5.5 The Client shall ensure that its User(s) agree that it is a condition of use that they shall satisfy themselves as to the suitability, standard of skill, integrity and reliability of candidates whose registrations and applications are managed by the SYSTEM and any Sub-System, and shall take up such references as the Client shall deem necessary unless this activity has been contracted to Knowhow. The Client shall indemnify Knowhow in respect of any claim for loss or damage arising out of the negligence, lack of skill, misconduct or dishonesty of any candidate whose registration and applications are managed by the SYSTEM and any Sub-System.
5.6 The Client shall ensure that its User(s) agree that it is a condition of use that in using the Service they shall satisfy themselves as to whether or not the Service meets both their requirements.