TERMS AND CONDITIONS

Welcome to Arm Candy, the service that provides a platform for job seekers and job providers to find and provide employment. These terms and conditions are the terms on which Arm Candy offers you access to the Arm Candy services and website. By registering as a member you accept these terms and conditions as amended by us from time to time.

These terms and conditions include our Privacy Policy and Rules of Conduct.

LICENCE TO USE WEBSITE

We grant you a non-exclusive, worldwide, non-transferable licence to use our website in accordance with the terms and conditions of this Agreement.

You may not add any content to the website:

• Unless you hold all necessary rights, licences and consents to do so;
• That would cause you or us to breach any law, regulation, rule, code or other legal obligation;
• That is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
• That would bring us or the website or our services into disrepute; or
• That infringes the intellectual property rights or other rights of any other person.

You acknowledge and agree that we retain complete editorial control over the website and may alter, amend or cease the operation of the website at any time in our sole discretion.

WARRANTIES

You represent and warrant to us that:

• You have the legal capacity to enter into these terms and conditions; and
• You have complied with your obligations in the above clause (‘Licence To Use Website’).

YOUR ACCOUNT

In order to access certain information and features offered on this website, you must create an account. To create an account, you must complete your account details in the manner described on this website (including selecting a username and password which we will use to verify your identity when you use this website). You must ensure that your account details are complete and accurate when submitted to us, certify that the information you have given is true and correct, and you must keep your account details up to date. We may at our discretion (at any time and without notice to you) suspend or terminate your account or your ability to use the functions available through this website.

PRIVACY

Where we collect personal information about you as a result of your accessing and using this website, our Privacy Policy will apply to that information. Accordingly these terms and conditions must be read together with our Privacy Policy.

YOUR USE OF THIS WEBSITE

You agree not to use this website for any purpose that is unlawful or to engage in any conduct that is likely to impair or cause damage to the operation of this website whether by way of a virus, corrupted file or through the use of any other software or program.

WARNINGS

The vast majority of people will be sincere and honest in the information they provide. However, there will be some exceptions and you need to be aware that you make contact with other members entirely at your own risk. You are legally responsible for your own actions. You agree that Arm Candy has no responsibility or liability for any actions of you or other members including, without limitation, members that have registered using pseudo or fake profiles or who attempt to defraud or harm you. Arm Candy is not responsible for ensuring members comply with these terms and conditions.

It is also possible that members from other countries will access this service. It may not be practically possible for Arm Candy to enforce these terms and conditions against such members.

You must not communicate with, or attempt to communicate with, any person who has indicated that he or she does not wish to communicate with you or to continue to communicate with you.
Arm Candy may be requested to assist in any prosecutions or other proceedings brought by members or third parties against any other members and will do so if required by law or if we believe a member has breached our terms and conditions. You agree to us providing such assistance, including release of any relevant information we may hold about you.

Arm Candy is not responsible for any profile or other content posted or entered on the website. You should not include any identifying information or illegal or unlawful information in your profile. Information you provide in your profile may be published on the website.

We reserve the right to store any information you enter, even if deleted, from tools provided on the website.

Without limiting any right that we have, we may, at our sole discretion, edit, modify, or delete content from your profile, delete any other content or material you have posted to the website, or suspend or cancel your membership if we believe that content creates or may create, liability for Arm Candy or if we believe the information to be inappropriate or if we believe you have breached these terms and conditions. We are not liable to you if we exercise any of these rights, including cancellation of any type of membership.

OUR FEES

We offer a membership based service and/or other services as detailed on our website. The fees specified on the website include all applicable taxes, including sale tax and consumption taxes such as Goods and Services Tax (GST).

The fees specified on the website are payable in advance and are non-refundable. In the event that this Agreement is terminated, you are removed from the website for breach of our terms and conditions, or for any other reason, your remaining subscription will be lost and is non-refundable.

Arm Candy reserve the right to vary the fees charged or introduce fees for any of the services at any time. If we introduce a new service, the fees for that service are effective at the launch of the service, unless otherwise stated.

LIMITATION OF LIABILITY

Arm Candy does not necessarily review members’ postings and is not involved in the actual transactions between users. As most of the content on Arm Candy comes from other users, Arm Candy does not guarantee the accuracy of what is offered in any content nor endorse any user. To the maximum extent permitted by law, we disclaim all responsibility for any damages or losses (including, without limitation, financial loss, damages for loss and business projects, loss of profits or other economic losses) whether arising in contract, tort or otherwise from the use of, or inability to use, this website, our services, or any information or material appearing on this website, or from any action or decision taken as a result of using this website or any such services, information or material.

Arm Candy has no liability for any lack of performance, unavailability or failure of the services or the website, or for any failure of Arm Candy to comply with these terms and conditions where the same arises from any cause reasonably beyond Arm Candy’s control.

INDEMNITY

You indemnify fully Arm Candy from and against all claims, liabilities, loss, costs and expenses (including the full amount of legal costs on a solicitor and client basis) incurred or suffered by Arm Candy in respect of or in connection with your use of our website and services.

DISCLAIMER

Arm Candy provides a platform for job seekers and job providers to find and provide employment. Arm Candy provides no warranties of any kind, express or implied, including suitability of job applicants or that a position advertised is available. Arm Candy does not act as an agent for any employers, job seekers or other users. Arm Candy does not endorse any of the posts, information, businesses, job providers or job seekers on its website and recommends that prior to entering into any agreement, that you obtain your own independent advice. It is your responsibility to assess the accuracy and completeness of the materials on the website.

While we endeavor to ensure that the content of this website is free from errors, we do not give any warranty or other assurance as to the content of material appearing on this website, its accuracy, completeness, timeliness or fitness for any particular purpose.

We give no guarantee to you of the continued availability of any particular information advertised on this website.

To the maximum extent permitted by law, we provide this website and related information and services on an “as is” basis without any warranties, representations, or guarantees of any kind (whether expressed, implied, statutory or otherwise) including, but not limited to, warranties of non-infringement, merchant ability, or fitness for a particular service. If you are using our services for business purposes, you agree that the guarantees provided under the Consumer Guarantees Act shall not apply to those services.

AVAILABILITY

Your use of this website and any associated services may sometimes be subject to interruption or delays. Due to the nature of the internet and electronic communications, we and our service providers, do not make any warranty that this website or any associated services will be error free, without interruption or delay, or free from defects in design. We will not be liable to you should this website or the services supplied through this website become unavailable, interrupted or delayed for any reason.

DISPUTES

As we are not a party to any dispute between you and another member, you agree not to involve or attempt to involve us in any dispute or in the resolution of disputes that arise between you and another member as a result of the services provided and not to use the services or website to engage in or attempt to resolve the dispute.

THIRD PARTY WEBSITES

Third party websites with links from the website have not been verified or reviewed by Arm Candy and use and access of such third party websites is made at the user’s own risk.

AMENDMENTS

We reserve the right to add to, modify, or remove this website or any information, feature, specification, or other part of this website (at any time and without notice to you). We reserve the right to change these terms and conditions from time to time by publishing the changed terms on this website. You should review these terms and conditions periodically to be aware of such changes. Your continuing access or use of this website following such publication shall be deemed your acceptance of the revised terms and conditions.

INTELLECTUAL PROPERTY

The materials displayed on this website are protected by copyright and other laws of New Zealand, and under similar laws and international conventions abroad. You acknowledge and agree that all copyright and other intellectual property rights that may subsist in this website including text, illustrations, photographs, video, music, sounds, layout, designs, source code, belong to us or to our licensors (together ‘our intellectual property’) except with our prior written permission, you may not in any form or by any means:

• Use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, publish, or create in any way any works contained in any part of this website; or

• Except as expressly authorised, commercialise any information, products or services obtained from any part of this website.

By posting or adding to the website, you grant us a perpetual, non-exclusive, royalty free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing and communicating that content to the public) and permit us to authorize any other person to do the same thing.

You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

This licence referred to in the above clause will survive any termination of these terms.

You represent and warrant to us that you have all the necessary rights to grant the licences and consents set out in this clause.

TERMINATION

Arm Candy reserves the right to decline to register or to suspend or terminate your membership without entering into further discussions with you. Without limiting this, Arm Candy may terminate your membership if:

• You breach these terms and conditions, or
• A serious complaint or multiple complaints are received about you from other members, or
• You have previously been banned from using this or any other service, offered by Arm Candy, or
• You impersonate another member, or
• If we, in our sole discretion, deem your behavior to be unacceptable.
• Members who have registered under multiple aliases will have all of their aliases disabled.

These terms and conditions automatically terminate, if for any reason, we cease to operate the website.

GENERAL

If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.

If any provision of these terms and conditions becomes or is held to be invalid, enforceable or legal by any reason and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.

These terms and conditions and your membership are governed by the laws of New Zealand and the Courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these terms and conditions.

These terms and conditions, our privacy policy and the rules of conduct supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written and constitute the entire agreement between the parties relating to the subject matter of these terms and conditions.

DEFINITIONS

“Member” means any registered member of Arm Candy.

“Arm Candy”, “we”, “us”, and “our” are references to Arm Candy Limited.

“Profile” means the profile you submit to Arm Candy from time to time.

“Services” means any one or more of the services offered by Arm Candy from time to time.

“You” and “Your” are references to you the member.

“Arm Candy”, “website” and “site” means the Arm Candy website and any other related website through which the Arm Candy services are offered.

PRIVACY POLICY

We may collect, retain and use your personal information (including without limitation your e-mail address, name, phone number and mailing address) from time to time. This privacy policy sets out our practices regarding the collection, use, storage and disclosure of your personal information in compliance with the Privacy Act 1993. Please read this Privacy Policy before using this website or submitting your personal information to this website. By using this website, you agree to be bound by this privacy policy. This policy is subject to, and must be read in conjunction with, our Terms and Conditions.

Information we may collect and retain

Arm Candy collects personal information about you through your use of our services and website. We may collect and retain your personal information in the following circumstances:

When you complete forms on this website (including surveys, search forms, competition entry forms, registration forms, job application forms and other forms;

When you create, modify, or use any accounts or registered user facilities available through this website;
In the course of receiving questions, comments or other communications from you; and
As you navigate through this website, certain information may be passively collected (that is gathered without your active participation) using various technologies and means, such as Internet Protocol addresses, cookies, internet tags, and navigational data collection. Information collected may include server addresses, top-level domain names, dates and times of visits to the website, pages accessed and documents downloaded, previous websites visited and the type of browser used.

Use of personal Information

The personal information we collect will be used to provide services you have authorised or requested. We may also use the personal information collected by us to:

• Verify your identity and assist you in case you forget your passport or loin details
• Enable us to offer effective services and assist you in your use of the service
• Respond to any questions or correspondence from you
• Manage and improve this website and our services
• Carry out internal research and development
• Conduct surveys to assist us better serve our members
• Provide you with information about a service you are using
• Reduce the need for you to repeatedly enter the same information
• Customise this website to suit your particular preferences and interests
• Where you create a message using this website (for the purposes of sending that message to us, or to any other recipient specified by you), send that message
• Analyse website usage, trends and statistics
• With your permission, supply you with further information concerning products and services which may be of interest to you
• Carry out any other use that is authorised by you or is notified to you at the time of collection.

Disclosure of personal information

We will not disclose your personal information except in accordance with this Privacy Policy (and in accordance with the Privacy Act 1993). We may use or disclose your personal information if you have authorised us to do so, or in any of the following circumstances:

• We have given you notification of the intended use or disclosure and you have not objected to that use or disclosure;
• You have consented for us to do so, we may provide your contact details to your past, current or prospective employers or employees;
• You have consented for us to do so, we may provide your contact details to other members or to others using our services;
• We believe that use or disclosure is reasonably necessary to assist a law enforcement agency or agency responsible for national security in the performance of their functions;
• We believe that us or disclosure is reasonable necessary to enforce any legal rights we may have, or is reasonably necessary to protect the rights, property and safety of you, us or others; or
• We are required or permitted by law to disclose the information.

Control of your password

You are responsible for protecting your log in details (your email address and password). Your log in credentials are personal to you. You must always maintain confidentiality of your username and password and not disclose them to any third party. You agree that you are solely responsible for any use of this website by any person using your username and password and you agree to indemnify us against any claims arising out of your failure to maintain confidentiality of your username or password. You agree not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity. We will not be liable for any loss that you may incur as a result of someone else using your password or account (whether with or without your knowledge). You agree to notify us immediately of any unauthorised use of your account or any other breach of security.

Third party websites

This website provides links and pointers to internet sites maintained by third parties. We are not responsible for the content of such websites, or the manners in which those websites collect, store, use, and distribute personal information you provide. When visiting a third party website from links and pointers displayed on this website, we encourage you to review the privacy statements of those websites so that you can understand how the personal information you provide will be collected, stored, used and distributed.

Storage of personal information

Your personal information may be collected by us and stored on secure servers. In accordance with the Privacy Act 1993, we may store your personal information for as long as it may be lawfully used by us.

Security

No data transmissions over the internet are completely secure. Accordingly, we cannot ensure the security of information transmitted from or to you. However, once we have received your personal information, we will use reasonable efforts to protect the information against loss or misuse, and against unauthorized access, use, modification or disclosure.

Right to access and correct your information

You can amend information on your profile yourself by using the editing functions and you may request access to or correction of any other personal information we hold about you by contacting us directly.

Changes to our Privacy Policy

We reserve the right, at our discretion, to update, change or revise this Privacy Policy, at any time. Changes to this privacy policy will take effect immediately once they are published on this website. Please check the Privacy Policy periodically for changes. Your continued use of this website or our services following the posting of any changes to the Privacy Policy indicates your acceptance of those changes.

RULES OF CONDUCT

In addition to accepting and abiding by our Terms and Conditions, we expect you to abide by our Rules of Conduct. Our rules of conduct are designed to ensure a safe environment for you and all of our members.

Agreeing to our rules of conduct is a condition of use.

We expect you to:

1. Be professional, respectful and honest at all times. This includes representing yourself honestly in all communications with Arm Candy members and staff.
2. Be punctual and present yourself in a manner that is appropriate to the job and employer.
3. Treat all confidential information as strictly confidential.
4. Treat other members with dignity and respect.
5. Act to protect your own privacy in your communications.
6. Promptly report any breaches of the rules of conduct or terms and conditions to the site administrators.