Terms of Use – Staff Assist New Zealand

Please read the following Terms of Use carefully as they govern your use of the Service. Do not use the Service unless you wish to be bound by these terms because, by continuing to use any part of the Service, you confirm your acceptance of these Terms of Use (which also includes the Privacy Policy).

These Terms of Use were last updated on 1st May, 2023.

Definitions In these Terms of Use, “we” refers to Staff Assist New Zealand, which includes our group companies, affiliates, and our and/or their employees, associated and contracted persons, and persons supplying services to us or them. “You” refers to anyone who accesses or uses our service, including any person who uses our service on your behalf. These Terms of Use include the terms set out here and our Privacy Policy, which is available on our website and/or our apps from time to time.

Service Content

The majority of the content available on the Staff Assist New Zealand Service is provided by our users, and we have limited control over it. Therefore, we cannot guarantee the accuracy, timeliness, completeness, performance or fitness for any particular purpose of the material available through the Service. We do not accept responsibility for errors, omissions or inaccurate material available on the Service and do not provide any warranty that the Service will be uninterrupted or error-free, or that any defects will be corrected. While we take measures to prevent misuse of our systems, we cannot guarantee that the Service will be free from viruses or other malicious code and are not liable for any loss or damage resulting from the transmission of such code. We recommend that you use up-to-date firewalls and anti-virus software to protect your equipment and data. The ratings and other information found on the Service are provided by users, and we do not endorse or recommend any particular third-party service. Any material obtained from the Service is used at your own risk, and we will not be responsible for any loss or damage arising from or in connection with access or use of the Service, except where such liability cannot be excluded by law.

Links and User Content

It is not possible for Staff Assist New Zealand to review all websites which are linked from the Service (or link to the Service), and you should therefore take care when following any link. We cannot accept liability for any loss or damage that may be suffered as a result of following any links.

Use of Information

You agree not to copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your own information) from the Service without Staff Assist New Zealand’s prior written permission. You consent to information about the device you use to access the Service being collected and processed for fraud prevention purposes, and we may use third parties (and information they provide) to help us prevent fraud or unauthorized access to our Service.

Intellectual Property Rights

By using the services provided by Staff Assist New Zealand, you acknowledge that all present and future copyright and other intellectual property rights related to the Service or any part of it (the “Rights“), including the Service’s presentation, appearance, and all information and documentation provided with it, are owned by us or our licensors. Nothing in these Terms of Use shall be interpreted as transferring any of these Rights to you. For the sole purpose of receiving the Service, we grant you a non-exclusive, non-transferable license to use the Rights during the period in which the Service is provided.

Limitation of Liability

We take our responsibility to provide a safe and reliable service seriously. However, we cannot guarantee that the Service will always meet your expectations or be free from errors or interruptions. By using the Service, you accept that we have no liability for any failure or delay resulting from any matter beyond our reasonable control. However, nothing in these Terms of Use shall exclude or limit either party’s liability for death or personal injury caused by that party’s negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.

If you are dissatisfied with the Service or any of these Terms of Use, your sole remedy under these Terms of Use shall be to discontinue use of the Service.

Except as set out above, we shall not be liable in contract, tort, negligence, statutory duty, misrepresentation or otherwise, for any loss or damage whatsoever arising from or in any way connected with these Terms of Use, including but not limited to, any loss of business, loss of profits, business interruption, loss of business information, loss of data, or any other pecuniary loss.

To the extent permitted by law, all conditions, warranties, and obligations which may be implied or incorporated into these Terms of Use by statute, common law, or otherwise and any liabilities arising from them are expressly excluded.

In the event that any limitation or exclusion of liability in these Terms of Use proves ineffective, then we shall not be liable to you for more than $100 in aggregate. If you register on the website or any Apps, then only the aggregate cap on liability under the agreement which you enter into upon registration shall apply.

We cannot guarantee the day or time that we will respond to any email, telephone, or written enquiries or Website form submissions. Each provision of this Clause shall be construed separately and independently of the others.

Our Rights

Staff Assist New Zealand reserves the right to edit, refuse to post, or remove any information or materials from the Service for any reason. We may disclose any information deemed necessary to satisfy any applicable law, regulation, legal process, police request, or governmental request.

We also reserve the right to restrict your access to the Service without notice, for any reason. If we suspect that you are in material breach of any term of these Terms of Use, we reserve the right to restrict your access to the Service without prejudice to the generality of the above. We may modify or discontinue all or part of the Service with or without notice, without liability for any modification or discontinuance. We may also vary these Terms of Use from time to time and will post any alterations on the Service.

General

The headings used in these Terms of Use are for convenience only and do not affect their interpretation. If any provision of these Terms of Use is found to be illegal or unenforceable, it will be severed and the rest of the Terms of Use will remain in effect unless the purpose of these Terms of Use is substantially frustrated, in which case they will terminate without further liability. You may not transfer or subcontract your rights under these Terms of Use without our prior written consent. We may transfer, assign or subcontract any or all of our rights at any time without notice or consent. No waiver of any breach or default of these Terms of Use shall be effective unless in writing, and a waiver of any breach or default shall not constitute a continuing waiver or prevent us from enforcing any subsequent breach or default. You acknowledge that you have not relied on any representation not expressly stated in these Terms of Use.

Any notice required under these Terms of Use may be given by email, regular mail or in person to the address provided on the website or as otherwise notified by either party to the other. Nothing in these Terms of Use creates or implies any joint venture, agency, or partnership relationship between the parties. Neither party may advertise or otherwise indicate or imply any such relationship with the other. The laws of New Zealand govern these Terms of Use, and the parties agree to submit to the exclusive jurisdiction of the courts of New Zealand.

If you have any questions or comments about these Terms of Use (including the Privacy Policy), please contact us.