1. Introduction

These Website Standard Terms and Conditions written on this webpage shall manage your use of our website, Flexa Recruitment accessible at https://flexa.co.nz

2. By using our Website, you accepted these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our Website.
3. License to use website

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
• edit or otherwise modify any material on the website; or
• redistribute material from this website except for content specifically and expressly made available for redistribution. Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

4. Acceptable use

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without the express written consent of Flexa.

You must not use our website to transmit or send unsolicited commercial communications.

You must not use our website for any purposes related to marketing without the express written consent of Flexa.

5. Restricted access

We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion and without notice.

If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that the user ID and password are kept confidential at all times.

We reserve the right to disable your user ID and password at any time in our sole discretion without notice or explanation.

6. User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

Notwithstanding our rights under these terms and conditions in relating to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

7. Disclaimer of warranties

We do not guarantee, represent or warrant that your use of our website will be uninterrupted or error-free, and we will not be liable for any interruptions or errors.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Flexa, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

8. Indemnification

You agree to indemnify, defend and hold harmless Flexa and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these terms and conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

9. Severability

In the event that any provision of these terms and conditions is determined to be unlawful, void or unenforceable, such provision shall still be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms and conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

10. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These terms and conditions are effective unless and until terminated by either you or us. You may terminate these terms and conditions at any time by notifying us that you no longer wish to use our services, or when you cease using our website.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these terms and conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).

11. Governing law

These terms and conditions and the relationship between you and Flexa shall be governed by and construed in accordance with the laws of the State and the federal laws, without giving effect to any principles of conflicts of law.

12. Changes to terms and conditions

You can review the most current version of the terms and conditions at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these terms and conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of any changes to these terms and conditions constitutes acceptance of those changes.

13. Entire agreement

The failure of us to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.

These terms and conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the terms and conditions).

Any ambiguities in the interpretation of these terms and conditions shall not be construed against the drafting party.

14. Waiver

No waiver of by us of any term or condition set forth in these terms and conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these terms and conditions shall not constitute a waiver of such right or provision.

15. Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

16. Contact Information

Questions about the terms and conditions should be sent to us at info@flexa.co.nz.