| (A) |
Rec-Radar Limited, a company registered in New Zealand under number 1831444 whose registered office is care of Rodewald Hart Brown Ltd, Cnr Jocelyn & Queen Streets, Te Puke, New Zealand ("Rec Radar®"); and |
| (B) |
You, whether you are an Agency, an Agent Administrator or an Agent acting as a Sourcer or a Placer in your use of the Website. |
1. |
Definitions and Interpretations |
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Agency – A recruitment agency who has an account with Rec Radar®.
Agent (s) – Recruitment consultant (s) set up as member (s) by their Agency.
Agent Administrator – The Agency management who sets up the account with Rec Radar® and who manages the Agent accounts.
Candidate (s) – The person (people) whom the Agent is promoting on Rec Radar®.
Client (s) – The person or company (people and companies) for whom the Agent is working to fill a position.
Code of Conduct – The RCSA's Code for Professional Practice.
Guarantee – Conditions required by the Placer from the Sourcer in regards to fees and refunds, if the Candidate leaves a new position within a specified time frame.
Job (s) – As applicable, either the position of employment for which a Candidate is recruited or a position of employment offered by a Placer on the Website.
Members – Agents or Agent Administrators with a current subscription to the Website.
Parties – The persons involved in a specific transaction or communication.
Placer (s) – Is the Agent (s) who is placing the Job/ Position on the Website to be traded.
RCSA – The Recruitment and Consulting Services Association Limited.
Sourcer (s) – The Agent (s) who is placing the Candidate on the Website to be traded.
Website – The Rec Radar® website located at www.recradar.com
Updated: 15/01/2008
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2. |
Responsibility |
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2.1 Code of conduct
Rec Radar® holds all Members and their Agencies responsible for their actions. Rec Radar® is an affiliate member of RCSA and abides by the RCSA's code of ethics. All Members and their Agencies must read and adhere to these terms and conditions ("Terms") and the Code of Conduct at all times.
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2.2 Agency Responsibility
If an Agent does not comply with the Terms and the Code of Conduct then the applicable Agent Administrator and Agency will be held responsible and liable for that Agent's actions. This responsibility also extends to any fees which may at any point be owing by such Agent to Rec Radar or any other Agency or Member.
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2.3 Investigation
If any Agent is thought to be operating in a manner inconsistent with the Terms and the Code of Conduct Rec Radar® will investigate this and their membership may be automatically put on hold until this is completed. Agents should communicate openly, honestly and in a professional manner. If you believe that any Agent breaches the Terms or the Code of Conduct, notify Rec Radar® immediately in the manner provided for in clause 6.
Updated: 9/06/2008
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3. |
Membership & Entitlements |
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The Website is a member's only website for recruitment agencies. Only Agencies and their member Agents are able to view and interact with any content on the Website.
Membership of the Website entitles an Agent to trade Candidates and Jobs with fellow Agents.
Updated: 15/01/2008
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4. |
Code of Conduct |
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4.1 Community
The Website's community of skilled and professional recruiters should always be working together for the strength and unity of the industry and community. All Agents should respect the privacy and loyalty of other Agents' Clients and Candidates.
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4.2 Discrimination
Rec Radar® does not tolerate any form of discrimination, be it by race, colour, sex, age, nationality or religious belief. Any Agents proven to be using discriminatory behaviour will have their membership of the Website terminated.
Updated: 15/01/2008
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5. |
Serious Misconduct |
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Without in any way limiting Rec Radar®'s discretion to determine what constitutes serious misconduct, the following types of conduct will be deemed as serious misconduct by Rec Radar®:
- Sourcer contacting Candidate they have placed into a permanent position for 12 months following.
- Sourcer contact with a Client during the recruitment process and for 3 months following.
- Placer withholding part of, or the entire amount of any fee due to Rec Radar® or a Sourcer for any reason.
- Feedback that is either derogative or of a personal nature.
- Agent linking together for profit a position and a Candidate that are not theirs.
- Agent found to be sending multiple unsolicited electronic messages to Agents via the Website community chat area.
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6. |
Complaints |
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6.1 Complaints Procedure
If you wish to submit a complaint, either about another Member, another Agency or Rec Radar®, please submit details of your complaint in writing to Rec Radar®, either by email to complaints@recradar.com or by letter, to Rec Radar, P O Box 5379, Mt Maunganui, New Zealand. For complaints about another Agent's conduct in regard to trading, please include in your submission:
- The Agent's username
- The code for the Job
- The code for the Candidate
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6.2 Handling of Complaints
Rec Radar® governs the ethics of Members and reserves the right to handle complaints as it sees fit. Rec Radar®'s decision on the course of action taken is final. Rec Radar® has the right to suspend or terminate the membership of any Member or Agency as it sees fit (including without limitation in the event of any serious misconduct as described in clause 5) without any refund for any Website membership fees that may have been paid.
Updated: 9/06/2008
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7. |
Dispute Resolution |
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7.1 Agent Disputes
If a dispute cannot be resolved between Agents, three resolution options are available. These are:
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1. Rec Radar® Independent Investigation
All Parties agree to Rec Radar® undertaking an independent investigation and making a judgement on the situation.
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2. Rec Radar® Members' Investigation
Rec Radar® assigns three independent Members to investigate the dispute. All three members discuss the issue and confer to produce a jointly made decision. Members can apply to be ethical advisers (ethicaladviser@recradar.com). This shall be displayed in their feedback rating.
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3. Legal Proceedings
If the Parties involved cannot reach a satisfactory agreement, Rec Radar® advises that the Parties take the appropriate legal proceedings.
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7.2 Rec Radar Dispute
| 7.2.1 |
In the event that you have a dispute of any nature with Rec Radar®, if Rec Radar® and yourself cannot resolve the dispute within fourteen (14) days then to the greatest extent permitted at law the following procedure will apply. The dispute will firstly be submitted to mediation by a mediator agreed to by both yourself and Rec Radar® or, failing agreement, appointed by the Arbitrators and Mediators Institute of New Zealand. If the matter is not resolved by mediation within fourteen (14) days from there, the matter will be submitted for arbitration by a single arbitrator in accordance with the Arbitration Act 1996, such arbitrator to be appointed by the Arbitrators and Mediators Institute of New Zealand. Unless agreed otherwise by Rec Radar®, all such mediation and arbitration proceedings shall take place at a venue in Mount Maunganui or Tauranga, New Zealand, to be chosen by Rec Radar® acting entirely at its own discretion. All costs in relation to the staging of such proceedings (excluding for the avoidance of doubt any awards which may be made) shall be borne equally by the parties unless explicitly stipulated otherwise by the arbitrator or agreed otherwise by the parties. The details of any such dispute, mediation and arbitration (as applicable) including without limitation the facts of the dispute, any discussions or offers in the course of the dispute, mediation and arbitration (as applicable) and the settlement reached on the matter will be confidential between the parties and such undertaking as to confidentiality will be included in any applicable mediation or arbitration agreement and as part of the terms of any written settlement agreement concluded.
Updated: 9/06/2008
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8. |
Fee Guarantees & Refunds |
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8.1 Guarantee
If the Placer and the Sourcer agree to work with a Guarantee any fee received in connection with the placement of a Candidate in a Job by a Placer will be split as follows:
- 47.5% of the fee for the Placer
- 47.5% of the fee for the Sourcer
- 5% of the fee for Rec Radar®
| 8.1.1 |
The Placer must state their Guarantee terms on their registration page. Guarantees in Rec Radar® are normally based on refund rather than replacement. Both Parties must agree to these terms during their correspondence with each other. If during the Guarantee period the Candidate leaves the position for any reason agreed to between the two Agents concerned, Rec Radar® must be immediately notified with details of the relevant placement number by email to falloff@recradar.com and the fee received by the Sourcer and Rec Radar® must be returned within 7 days. Furthermore, if the Placer places this Candidate into a new position within 2 months, whether or not this is facilitated through the Website, the fee is again split in the form of a Guarantee or non-Guarantee placement, depending on the terms that are agreed. |
| 8.1.2 |
If the Candidate contacts the Sourcer at any time during the first 12 months following placement in a Job regarding a new position, the Sourcer is required to notify Rec Radar® immediately with details of the relevant placement number by email to falloff@recradar.com and Rec Radar® will contact the Placer who placed the Candidate in the Job and inform them of such. If the Sourcer helps this Candidate find a new position during the first 12 months following placement in a Job, then any fee earned by the Sourcer in respect of such placement is to be split with the Placer in the same manner as a normal Website placement.
Updated: 9/06/2008
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8.2 No Guarantee
If the Placer and the Sourcer agree to work without a Guarantee any fee received in connection with the placement of a Candidate in a Job by a Placer will be split as follows:
- 65% of the fee for the Placer
- 30% of the fee to the Sourcer
- 5% of the fee to Rec Radar®
| 8.2.1 |
If a Candidate leaves a Job following the end of the Guarantee period or where there is no Guarantee in place, the Placer has no responsibility to notify the Sourcer who supplied the Candidate or to share any further fees. |
| 8.2.2 |
If the Candidate contacts the Sourcer at any time during the first 12 months following placement in a Job, the Sourcer is required to notify Rec Radar® immediately with details of the relevant placement number by email to falloff@recradar.com and Rec Radar® will contact the Placer who placed the Candidate in the Job and inform them of such. If the Sourcer helps this Candidate find a new position during the first 12 months following placement, then any fee earned by the Sourcer in respect of such placement is to be split with the Placer in the same manner as a normal Website placement. |
| 8.2.3 |
If a Candidate contacts the Placer for a new position during any guarantee period that the Placer has with their Client in respect of a Job, the Placer must refill the existing position as per their guarantee with their Client. If the Placer finds the leaving Candidate a new position they are not obliged to contact the Sourcer or split any fee received.
Updated: 15/01/2008
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9. |
Rules of Trading |
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9.1 Disclosure
Rec Radar® will not distribute any Member or Agency's contact details to any third party.
Updated: 15/01/2008
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9.2 Complaints Against a Member Agent
Any issue or complaint about another Agent's conduct, should in the first instance, be taken up with that Agent directly. If the issue or complaint cannot be resolved, then it should be referred to Rec Radar® in accordance with clause 6 to be dealt with in accordance with clause 7.
Updated: 15/01/2008
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9.3 Work Eligibility |
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| 9.3.1 |
It is the responsibility of the Sourcer to check that the Candidate is legally permitted to work in the location where the Placer has identified a Job is available. |
| 9.3.2 |
If the Candidate does not have a permit to work legally in the location, this must be clearly stated when the Sourcer first contacts the Placer. The Sourcer is then responsible for checking that the Candidate meets the necessary criteria to legally apply for a permit to work in the location in question. |
| 9.3.3 |
The Sourcer is also responsible for questioning the Candidate about their criminal history so as to ensure it will not hinder the Candidate from gaining a permit to work or otherwise disqualify the Candidate from being eligible to work in the Job in question. The Sourcer needs to be able to provide a signed affidavit or document of similar legal standing from the Candidate if requested, attesting to the situation regarding the Candidate's criminal history.
Updated: 9/06/2008
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9.4 Candidate Placement Rules |
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| 9.4.1 |
The Sourcer must have interviewed all Candidates placed on the Website. If you haven't interviewed the Candidate in person you must advise the placer. |
| 9.4.2 |
The Sourcer must have written or verbal permission of the Candidate to be working on their behalf within the Website community. |
| 9.4.3 |
The Sourcer must be able to assure the credibility of the Candidate and have at least two verbal references that can be provided to the Placer on request. |
| 9.4.4 |
All information about the Candidate's authenticity and experience is the responsibility of the Sourcer to at best make reasonable endeavours to ensure is correct. Rec Radar® accepts no liability or responsibility for the accuracy of the information placed on the Website by the Members or their related Agencies.
Updated: 9/06/2008
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9.5 Ownership of Candidates |
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| 9.5.1 |
Once the Placer has received the contact details of the Candidate from the Sourcer, they are in a fee split contract with each other and Rec Radar® as the administrator as provided for in clauses 8.1 and 8.2 as applicable. |
| 9.5.2 |
At NO time after this exchange of details, can the Placer claim prior access existed to that Candidate via their system, database or from future advertising. |
| 9.5.3 |
The Candidate has the right to contact Rec Radar® and request to be removed from the Website. |
| 9.5.4 |
If the Placer places the Candidate into any position within 3 months of having the Candidate's details released the fee as provided for in clauses 8.1 and 8.2 is payable. If the Candidate is coming from another country or their salary range is above $120,000 then this is extended to 6 months.
Updated: 9/06/2008
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9.6 Ownership of Clients
If the Sourcer becomes aware of the Client's identity through the Website, they must advise the Placer and avoid contact with that Client during the recruitment process and for 3 months following. This will be strictly enforced.
Updated: 15/01/2008
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9.7 Third Party Advertising
If an Agent views a Job listed on Rec Radar® by another Agent that they want to advertise to help find the candidate they must first obtain approval from the Agent who has listed the Job in question and advise them where they want to advertise so both agents aren't advertising the same position in the same place.
Updated: 15/01/2008
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9.8 Payment |
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| 9.8.1 |
All payments made are to only be bank transfers. No other form of payment will be accepted. |
| 9.8.2 |
The Placer is to pay Rec Radar® the 35% (in accordance with clause 8.2) or 52.5% (in accordance with clause 8.1) of the fee due to the Sourcer and Rec Radar® within the time agreed when the candidate's details are released from the candidate starting the Job. Rec Radar® shall then pay the Sourcer their fee, less Rec Radar®'s fee of 5%, within 48hrs of receiving the funds. |
| 9.8.3 |
The fee to be paid pursuant to clause 9.8.2 will be paid in respect of any monetary gain or a monetary equivalent of any non-monetary gain the Placer receives as a result of placing a Candidate in a Job whether it is a retainer, placement fee, commission, bonus fee, vehicles commission or other. |
| 9.8.4 |
If the Placer has reason to believe that the Sourcer should not receive part or, all of the payment, Rec Radar® must be notified through the disputes resolution channel, (complaints@recradar.com) in accordance with clause 6 before the payment due date, so that a resolution can be agreed upon or failing agreement so that the issue can be determined in accordance with clause 7. |
| 9.8.5 |
In the event of a dispute pursuant to clause 9.8.4, the full payment due in accordance with clause 9.8.2 must still be paid to Rec Radar®. Rec Radar® will hold these funds (without any obligation to pay interest) until the dispute has been resolved. |
| 9.8.6 |
If the Placer is waiting for fees from slow or nonpaying Clients the Placer is still obliged to make payment within the agreed term provided for in clause 9.8.2 unless agreed in writing with the Sourcer and Rec Radar® prior to the placement being made. |
| 9.8.7 |
At NO time, for any reason, is the Sourcer to contact the Client about outstanding payments.
Updated: 9/06/2008
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9.9 Feedback |
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| 9.9.1 |
Once payment is received, the Placer, Sourcer and Candidate are required to provide feedback on each other to Rec Radar® to ensure standards of quality are maintained. Such feedback will be provided through the email system as specified on the Website. It will be the Placers responsibility to ensure that the Candidate provides this feedback. |
| 9.9.2 |
Feedback that is either derogative or of a personal nature will not be accepted. Feedback should be limited to comment on the service received, quality of Candidates, information about the Candidate or Job, ease of trading and communication etc.
Updated: 9/06/2008
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9.10. Fixed Term Contracts |
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| 9.10.1 |
If a Candidate is placed in a fixed term contract, then the Placer will pay a set fee to the Sourcer and Rec Radar® as specified when the Job is initially listed on the Website. If the contract is extended or the Candidate is placed into another position either once the original fixed term contract has expired or in the event the contract is terminated as per clause 9.10.4, the Placer will pay the Sourcer and Rec Radar® a share of any additional fees received by the Placer in accordance with the fee split that applied on the initial fixed term contract placement. This applies to all original fixed terms contracts, extended contracts or new contracts for the same Candidate. |
| 9.10.2 |
The Placer and Sourcer must agree to a Guarantee in respect of the placement of a Candidate in a fixed term contract and if during the employment of the contract the Candidate leaves the position a percentage of the fee will be refundable unless the Candidate leaves the position due to redundancy, relocation, merger, takeover, or change of employment description. , Rec Radar® must be immediately notified with details of the relevant placement number by email to falloff@recradar.com and a portion of the set fee received by the Sourcer, but not Rec Radar®, must be returned to the Placer within 7 days. This portion will be a percentage of the entire set fee received by the Sourcer based on the number of whole months remaining in the fixed term contract divided by the total number of months the fixed term contract was meant to run for. So for instance if a fixed term contract was meant to be for 6 months and the Candidate leaves in the third month, the portion of the fee that will have to be returned will be 50% (3 divided by 6 = 50%). The provisions of this clause 9.10.2 will not apply where the Placer's Client terminates the fixed term contract early for any reason not related to the performance or ability of the Candidate. |
| 9.10.3 |
During the term of a fixed term contract, the Sourcer can make contact with the Candidate for aftermarket customer service and the Placer should communicate with the Sourcer when the contract is coming to an end. If the Sourcer makes contact with the Candidate to promote another position to commence before the finish of the applicable contract, without the knowledge of the Placer, this will be deemed as serious misconduct and dealt with in a manner that Rec Radar® deems appropriate. |
| 9.10.4 |
If the Candidate contacts the Sourcer and advises them they are finishing a fixed term contact before it expires and want a new position, then the Sourcer is required to notify Rec Radar® immediately with details of the relevant placement number by email to falloff@recradar.com and Rec Radar® will contact the Placer who placed the Candidate in the fixed term contact and inform them of such.
Updated: 9/06/2008
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10. |
Transferring of Membership |
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If an Agent changes employment, it is the responsibility of the Agent Administrator to cancel that Agent's membership. When the Agent commences in a new position, the Agent can contact Rec Radar® in order for their feedback and ratings to be reinstated (copied) on the Website with their new username. This can not happen until the Agent is out of any restraint or trade from their previous employer provided that Rec Radar® will in no way be liable for any misrepresentation to Rec Radar® by any Agent in this regard. If any such Agent makes a misrepresentation to Rec Radar® regarding any applicable restraint of trade then Rec Radar® will be entitled to take such action as Rec Radar® deems appropriate in the situation.
Updated: 9/06/2008
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11. |
Termination |
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An Agency or an individual Member can terminate their membership of the Website by notice in writing to Rec Radar® at any time. Rec Radar® without notice can terminate an Agency's or an individual Agent's membership of the Website at any time. No reason needs to be given by any party when exercising any such right of termination. Notwithstanding termination as provided for above, an Agency will still be responsible for paying any outstanding fees due in accordance with these Terms. Yearly membership fees in respect of the Website that have been paid by an Agency or any Members to Rec Radar® are nonrefundable.
Updated: 9/06/2008
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12. |
Liability |
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12.1 Exclusion of Liability
To the greatest extent permitted by law, under no circumstances will Rec Radar®, its employees, contractors or agents be liable to you in contract, tort, equity, statute, regulation or otherwise for any loss, damage, injury, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by you or by any third party, whether direct or consequential (including without limitation any economic loss or other loss of turnover, profits, business or goodwill) arising out of any dispute or contractual, tortious or other claims or proceedings made by or bought against you which relate in any way to this agreement.
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12.2 Limitation of Liability
To the greatest extent permitted by law, in the event that any limitation or provision contained in these Terms is held to be invalid or unenforceable for any reason and Rec Radar®, its employees, contractors or agents become liable for any loss, damage, injury, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered that would otherwise have been excluded, Rec Radar®'s, its employees', contractors' or agents' maximum liability in contract, tort, equity, statute, regulation or otherwise for any loss, damage or injury directly or indirectly arising in respect of these Terms and your use of the Website is to be limited to five hundred New Zealand dollars (NZ$500.00).
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12.3 Indemnification
You agree to indemnify Rec Radar®, its employees, contractors and agents against any liability for any loss, damage, injury, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered, whether direct or indirect, arising out of any claims or proceedings bought by a third party which relate in any way to a breach by you of the Terms.
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13. |
General |
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13.1 No Partnership
This agreement shall not be deemed to constitute a partnership or joint venture or contract of employment between you and Rec Radar®.
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13.2 Force Majeure
Neither of us shall be liable for any failure to meet our obligations under this agreement due to the occurrence of any event beyond our reasonable control including without limitation, any 'Act of God', fire, accident or natural disaster.
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13.3 Enforcement
Failure or omission at any time by Rec Radar® to enforce or require strict or timely compliance with any provision of this agreement shall not affect or impair that provision in any way or Rec Radar®'s right to avail itself of the remedies that may be available to it in respect of any breach of that provision.
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13.4 Jurisdiction
This agreement is to be governed in all respects by and construed in accordance with the laws of New Zealand and in all matters relating to or arising from this Agreement you agree to submit to the exclusive jurisdiction of the Courts of New Zealand.
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13.5 Assignment
You may not assign or otherwise deal with your rights in respect of this agreement without the prior written consent of Rec Radar®.
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13.6 Variation
This agreement may not be varied except by agreement in writing signed by you and Rec Radar. Notwithstanding the foregoing you acknowledge that Rec Radar® may change these Terms from time to time and you will be bound by any such amendments if you agree to any future version of the these Terms by 'click accepting' them. As you will be required to agree to Rec Radar®'s then current version of these Terms as part of the process of placing further Jobs or Candidates on the Website or matching any Jobs or Candidates on the Website, it is your responsibility to check for any changes to these Terms prior to agreeing to them. If any changes are made that are deemed by Rec Radar® acting reasonably to be major, Rec Radar® will notify all the member administrators.
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13.7 Entire Agreement
This agreement constitutes the entire agreement between you and Rec Radar® in respect of its subject matter and supersedes any previous understandings or agreements on that subject matter.
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13.8 Severability
If any part or a provision of this agreement is judged invalid or unenforceable by any court having jurisdiction, such part or provision is deemed to be severed and the remainder of this agreement will continue to be binding on the parties.
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13.9 Notices
All notices in relation to this Agreement must be served by email. In the case of Rec Radar® the email address for notices is enquire@recradar.com. In respect of you the email address for notices shall be the email address supplied by you to Rec Radar® for the purposes of other email communication in relation to the Website.
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13.10 Marketing and Promotion
Without in any way limiting any other rights of Rec Radar® pursuant to this agreement or existing at law you agree that Rec Radar® may disclose the fact you are or have been a Member for the purposes of promoting Rec Radar® in any medium or manner to third parties.
Updated: 9/06/2008
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