TERMS AND CONDITIONS OF USE OF FACE OF BUSINESS WEBSITE

 

1              Acceptance of Terms and Conditions

1.1          The services provided by this website are offered by Face of Business Limited (“Face of Business”) and the use of this website and/or registration as a member under this website by the user shall be deemed acceptance of these terms and conditions.   

1.2          In order to place advertisements or submit material to a Board, the user must register for use of the website.

2              Charges

2.1          The user shall pay Face of Business charges from time to time listed on the website for services and products provided via the website.  Charges shall be payable by:

(a)           cheque; or

(b)          credit card;  or

(c)           funds transfer;  or

(d)          automatic payment.

2.2        The user acknowledges that although they may use the website and submit information to the website, such information will not actually be displayed on the website until such time as payment has cleared..  All credit card payments are processed by ANZ eGATE and as such, Face of Business does not collect and has no responsibility for credit card or other details with respect to payment.

3              Intellectual Property Rights

3.1          The user acknowledges that Face of Business owns all rights, title and interest to the intellectual property contained on this website including without limiting the generality of the foregoing, all copyright contained in the information, graphics, design and software forming part of the website.

4              No Warranty

4.1          The user acknowledges all information, service or products, obtained by the user via the website is dependent upon personal information or business information provided by the user or third parties, or the businesses that are listed on the website and that Face of Business gives no warranty as to the accuracy or otherwise of any information contained on the website or service or products provided via the website. 

4.2          Any information that may be provided by Face of Business is for the user’s information only and is not intended as advice.  In the event that the user requires advice on any issue, it is recommended that the user obtains expert advice from the relevant professional.

4.3          The user acknowledges and agrees that Face of Business shall have no responsibility or liability and makes no recommendation in respect of any products or services advertised on the website.

4.4          Face of Business does not guarantee or warrant that any sales or special discount deals advertised on the website will be available to the user.

4.5          Face of Business does not guarantee or warrant that the website has the capability or functionality required to allow the user to upload such material as the user may wish to place on the website.

4.6          Any contact the user makes with other website users is at that user’s own risk. 

4.7          The user acknowledges that in the event the website services are being used for business purposes, the implied guarantees under the Consumer Guarantees Act 1993 do not apply pursuant to section 43 of that Act.

4.8          The user acknowledges that the website may from time to time be unavailable due to repairs or maintenance or server or capacity issues.  Face of Business does not in any way warrant or guarantee continued access and shall not be liable for any loss suffered by the user or to refund any charges as a result of the website being unavailable at any time.

5              Use of Website

5.1          The website may from time to time facilitate notice or other public bulletin boards (“Boards”).  The user acknowledges that while Face of Business may from time to time monitor and review such Boards and other areas of the website it is not obligated to do so and Face of Business assumes no responsibility nor has any liability for any error, defamation, libel, slander, omission, false or misleading statement or conduct, obscenity, pornography, profanity or any other illegal communication contained within any information within the website. 

5.2          The user agrees and acknowledges not to post or transmit any errors, defamation, libel, slander, omission, false or misleading statements or conduct, obscenity, pornography, profanity or illegality on the website.

5.3          The user agrees not to engage in any activity which facilitates or encourages unsolicited email including without limiting the generality of the foregoing, “spamming” and “mail bombing”.   The user must comply with the Unsolicited Electronic Messages Act 2007.

5.4          The user will not attempt to gain any unauthorised access to any part of the website that is not available to the public and which may impact on the operation and functionality of the website or engage in any form of “hacking” in relation to the website.

5.5          If the user breaches these terms and conditions Face of Business may in its sole discretion and without limiting any of its other rights and remedies:

(a)           limit the user’s activities on the website;

(b)          remove the user’s messages or directory listings;

(c)           issue a warning to the user;  or

(d)          suspend or terminate the user’s membership.

5.6          Notwithstanding clause 5.1 and while Face of Business accepts no responsibility for any material placed on the website, the user acknowledges that any material they wish to place in the directory lists, will first be reviewed by Face of Business staff.  In the event the material contains anything that Face of Business believes, in its sole discretion, is inappropriate, or breaches these terms and conditions, then Face of Business may elect not to place that material on the website.

6              User Warranties

6.1          The user warrants that it is capable of entering into a legally binding contract.

6.2          The user warrants that it has provided complete, accurate and current personal information when registering.  The user is responsible for maintaining and updating its personal information as required.

6.3          The user warrants that it will keep its login details confidential and secure, without limiting the foregoing the user must:

(a)           not permit any other person to use its user name or membership;

(b)          not disclose, or provide its password or any other information to a third party that may allow any third party to gain access to the user’s registration.

6.4          By submitting any material whatsoever to the website, the user warrants that it has the right to do so.  In particular, and without limiting the generality of the foregoing the user warrants:

(a)           the material does not infringe the intellectual property, privacy or confidentiality rights of any third party;

(b)          the material is accurate in all respects;  and

(c)           the material is not offensive and is not illegal in any way.

6.5          The user agrees that if it places any contact details on the website, then it does so at its own risk and shall not be liable to the user for any loss or other consequence whatsoever that the user may suffer as a result of the user placing its contact details on the website.

7              Termination of Membership

7.1          Face of Business may, in its sole discretion, decline to register the user as a member or terminate the user’s use of the website.  In particular, and without limiting the generality of the foregoing, Face of Business may terminate the user’s use of the website or registration as a member if it receives complaints about the user, the user breaches the terms and conditions, the user impersonates another member or if Face of Business, in its sole discretion, deems the user’s behaviour is unacceptable.

8              Links

8.1          Face of Business may from time to time facilitate certain links from its website to other websites for the user’s convenience and assistance, but shall not be responsible or liable for the content of such websites.

9              Limitation of liability

9.1          Face of Business shall not be liable for any financial or consequential loss (including loss of profits) to the user (whether in contract, tort or otherwise) and all such loss is hereby excluded. 

9.2          If, notwithstanding 9.1, Face of Business is found to be liable to the user in any circumstances then the maximum amount Face of Business will be liable for to the user is an amount equal to the lesser of:

(a)           the fee paid to Face of Business by the user for use of the website;  or

(b)          the actual loss or damage suffered.

10            Indemnity

10.1        The user indemnifies Face of Business against all costs, claims, losses, liabilities, damages and proceedings incurred by Face of Business whether directly or indirectly as a result of any negligent act, omission or breach of these terms by the user or of the user’s use of the website.

11            Privacy Policy

11.1        The user acknowledges that Face of Business will collect the user’s personal information, including but not limited to, the registration details provided by the user and any details that the user saves in its profile.

11.2        The user authorises Face of Business to retain information on the user for the purposes of communicating with the user and from time to time making the user aware of any offers of services and products provided by Face of Business to its clients or website users, internal research purposes, to verify the user’s identity and any other purpose authorised by the user. The user may opt out of receiving such communications from Face of Business (other than for establishing identity).

11.3        Face of Business will not release the user’s personal information in any circumstances other than those detailed in these terms and conditions, or as is required by law or as otherwise authorised by the user.

11.4        Face of Business has endeavoured to design the website in such a way that the user’s personal information is held confidentially and securely unless the user has authorised the release of such personal information, but the user acknowledges that Face of Business is not in a position to guarantee such privacy and confidentiality.

11.5        All payment and credit card payment details are processed by ANZ eGATE or Eftpos NZ Limited and Face of Business has no responsibility for maintaining the privacy of details entered by the user when making payment.

12            Employment Advertisements

12.1        When advertising any vacancies on the website, the user agrees that they will comply with all employment laws and regulations that may exist, including but not limited to, equal opportunity employment and human rights.

12.2        The user must not list or place any job vacancy listings if the user is aware that those listings are false or misleading or in breach of any law, statute or regulation.

12.3        When advertising any vacancies on the website, the user shall ensure that any information in the vacancy listing is accurate and correct and that the user has the necessary rights and authority to place that advertisement.

12.4        When applying for any vacancies through the website, the user shall ensure that any information the user supplies to the Advertiser is accurate and correct and that the user has the necessary rights to apply for that vacancy.

12.5        Face of Business does not endorse or recommend any party that may apply for any of the vacancies or opportunities listed on the website and it is the responsibility of the user who placed the advertisement to ensure that any applicants are qualified and meet their requirements.

12.6        Face of Business does not endorse or recommend any of the vacancies or opportunities listed on the website and it strongly recommends that the user obtains independent advice prior to entering into any agreements with the advertiser.  It is the user’s responsibility to evaluate the accuracy, completeness of all information provided on the website.

12.7        It is the responsibility of the user to remove vacancy advertisements once the vacancy has been filled.

12.8        Face of Business does not guarantee that any vacancy advertised on the website will be available and shall have no liability to the user for any loss the user might suffer in the event that an advertiser has failed to remove the vacancy from the site after the vacancy has been filled.

13            General

13.1        The terms and conditions are governed by the laws of New Zealand and the user agrees to submit to the exclusive jurisdiction of the New Zealand High Court.

13.2        The user acknowledges that from time to time Face of Business shall update these terms and conditions and agrees to be bound by any such updates and changes and are responsible for ensuring they are familiar with the latest terms and conditions.

13.3        The user acknowledges that Face of Business in its sole discretion may remove any material from the website that is in breach of these terms and conditions. 

13.4        Face of Business may waive any of its rights under these terms and conditions but any such waiver shall be binding only if in writing and shall apply only to the particular occasion, circumstances or event to which the waiver relates.

13.5        The terms and conditions represent the entire terms and conditions in relation to the use of this website or membership, and all other representations, undertakings, promises whether written or verbal, express or implied, are hereby excluded.

13.6        The user agrees that any material downloaded or otherwise obtained through the user of the website is done at the user’s own discretion and risk and that Face of Business will have no liability whatsoever for any damage or loss of data to the user’s computer system.