Terms and Conditions

By using Employr you agree

Before you can register to use any transactional channel of Employr, you must read, accept and agree to be legally bound by the following Terms and Conditions (‘Terms’) relating to the Employr platform (‘Platform’).

By registering for, and by subsequently accessing or using the Platform at any time after registration, you acknowledge that you have read, accepted and agreed to be legally bound by these Terms, as updated from time to time.

These Terms explain our obligations and your obligations in any dealings or transactions you have with us. You agree and accept that any breach of these Terms once registered may result in Employr terminating your account at any time.

Once you have registered to use this Platform or any other Employr transactional Platform, you accept and agree to remain legally bound to these Terms.

If you are actioning a request, completing an electronic form or using any feature of this Platform on behalf of other persons or another entity, you agree and accept that you have first provided a copy of these Terms to that person or entity before you proceed to act on their behalf.

You agree and accept that you have received approval to use any private information belonging to other persons or entities, when actioning a request, completing an electronic form or using any feature of this Platform.

Terminology

In these Terms:
• ‘you’ and ‘your’ refers to each registered user of the Platform and your organisation, if you are a representative of your organisation, and
• ‘we’, ‘us’ and ‘our’ refers to Employr.

Legally binding agreement

By registering for, accessing or using the Platform, you acknowledge that you have read, accepted and agreed to be legally bound by these Terms and any notices, protocols or guidelines appearing on or in connection with the Platform, as amended from time to time. Any such notices, protocols or guidelines, including but not limited to our Privacy Statement, Disclaimer, Security Statement, and Accessibility Notice, are hereby incorporated by reference as part of these Terms.

You acknowledge and agree that your access to, and use of, this Platform is on an ‘as is, as available’, basis. Employr is in no way liable for your failure to access and otherwise use this Platform. These Terms explain our obligations to you, and your obligations to us, in any lodgements or transactions you make via this Platform.

Guidelines on the use of our Platform

Employr may from time to time issue more detailed protocols, guidelines or instructions for use of the Platform or for use of specific areas of the Platform. These protocols, guidelines or instructions form part of these Terms and are legally binding.

A full disclosure of Employr’s current Privacy Policy as well as its coverage for all Employr channels or transactional Platforms may be found on our Privacy Policy page.

Acceptable use

In accessing and using this Platform, you agree:
1. that you may only use the Platform strictly in accordance with these Terms, and all notices, protocols, guidelines and other instructions provided or advised to you by Employr from time to time;
2. to provide true and correct information to Employr in respect of any information input or transaction made via this Platform;
3. not to falsely represent your authority to register, input information or transact via this Platform;
4. not to impersonate any person or falsely represent your association with any person or organisation;
5. not to provide false and misleading information in connection with this Platform;
6. not to access or attempt to access information or resources you are not authorised to use;
7. to ensure that any lodgement or transaction using your login and password for this Platform will only be undertaken by you;
8. not to transmit any message, data, image or program that would violate the property rights of others, including unauthorised copyrighted text, images or programs, trade secrets or other confidential proprietary information;
9. not to interfere with the rights of others to use the Platform;
10. not to use the facilities and capabilities of the Platform to conduct any activity or solicit the performance of any illegal activity;
11. not to attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the Platform, including the use of automated tools;
12. that you are responsible for any damage to your computer, systems or software caused by your use of this Platform, including by any virus (irrespective of the origin of the virus) arising from your use of the Platform;
13. that you are responsible for accessing and reading notices and information provided by Employr in relation to the provision of this Platform;
14. that you will be deemed to have received email notices sent by Employr to your registered email address when such notices have been received by your email system; and
15. that you will be deemed to have received one-time password notifications sent by Employr to your registered mobile phone number when such notifications have been received by your mobile device.
16. that you will have been deemed to receive electronic correspondence when Employr has successfully dispatched the item to your Employr transactional account.
17. that you are responsible for actively managing correspondence items that are successfully dispatched by Employr to your Employr transactional account.

Operation of the Platform

The Platform has been implemented in a technical environment which is designed to provide high availability and to be reasonably fault tolerant. The target availability is 24 hours per day, 7 days per week other than during defined maintenance windows advised to you via the website, email and official notices.

You acknowledge and agree that your use of this Platform on an ‘as is, as available’ basis only and may not always be available during the specified operating hours. Employr makes no representation and gives no warranty that the transactional services provided via the Platform will meet your requirements, be uninterrupted, timely or error-free. Employr will attempt to inform you as soon as possible of any outage that might materially affect your normal use of the Platform. However, Employr will not be liable for delay to transactions or disruption to your business or operations, or those of your organisation arising directly or indirectly from any such outage (whether or not the outage was notified to you by Employr in a timely manner or at all).

It is in your best interests to ensure that you have adequate contingency plans to protect the integrity of your business operations and those of your organisation and to ensure you and your organisation can proceed despite any disruption or delay occurring in respect of the Platform.

Employr may alter, suspend or decommission this Platform at any time without giving reasons. Where reasonably practicable, Employr will attempt to give 30 days prior notice of any such action but may give a shorter period of notice as it deems appropriate in its absolute discretion.

You should promptly notify Employr if you discover or suspect any error or malfunction in the Platform. In such an event, you agree to promptly provide to Employr information and details regarding any error or malfunction of the Platform to the extent reasonably necessary to identify, confirm, investigate and rectify any such errors or difficulties (including where relevant any details of your operating environment or that of your organisation).

Access and password

When you register with Employr you provide a username and password that can later be used to log on to our secure online services. Your username and password are linked to your Employr account and consequently allows you to access the Platform. A one-time email will be provided if your account needs to be reset or reactivated.

You agree to:
1. be responsible for all activities that occur under your username and password;
2. maintain the confidentiality of your password and secret questions;
3. change your password on a regular basis;
4. not save your password on the computer that you are using to access this Platform;
5. change your password if it becomes known to unauthorised persons;
6. contact us if your username, password or secret questions have been lost, stolen or otherwise compromised; and
7. log out at the end of each session.

Security

It is a condition of you using this Platform that you must not:
1. tamper with other accounts, or commit unauthorised intrusion into any part of the Platform;
2. attempt to bypass any security controls;
3. use the Platform in a manner that encumbers disk space, processors or other system resources;
4. make deliberate attempts to interfere with the functionality of the Platform, overload the Platform or attempt to disable a host;
5. attempt to use the Platform without authorisation and
6. transmit any file with malicious content.

Monitoring

The effective management and security of this Platform requires that usage be routinely monitored and analysed for evidence of misuse and attempted or actual security breaches. You consent to this monitoring being undertaken by Employr in connection with your use of the Platform.

Privacy

Your personal information is protected by the Privacy Act 2020 (Privacy Act) and handled in accordance with the Privacy Act and Employr  Privacy Statement.

Your personal information is collected for the purposes of you holding an account on our Platform and using our tools to manage legal aspects of employment or contractor relationships.

If you are completing the relevant form on behalf of another person or providing another person’s personal information, you must ensure that you have obtained consent from that individual to disclose their personal information and that you have provided the person with this privacy notice, specifically to make the person aware of the information regarding the handling of their personal information.

Any personal information you provide will be used to process the request and for any other purposes for which you have completed the form or used the Platform.

Employr or third party consultants acting on its behalf, may also contact you, using the contact details you have provided, to offer to provide support or to request your feedback on our products and services.

Personal information collected may be used and disclosed for the purposes of dispute proceedings, including to other relevant parties.

Employr may also disclose personal information to New Zealand Government agencies in accordance with provided notices and as required or authorised by or under law.

When you use your credit card details on the Employr website, this information is processed by third party payment gateways who process payments on behalf of Employr. During this process, you may disclose:
• Your cardholder name;
• credit card number (first and last four digits); and
• expiry.

By agreeing to these Terms, you also consent to your personal information being handled in accordance with the following third-party provider privacy policies for the purposes of processing your payment(s).

You agree that Employr may store or process information received by the API on third party platforms (cloud computing), in accordance with our Privacy protocols.

You also agree that Employr may collect information about your use of the API. You agree to Employr collecting, using and disclosing this information, and any other information you provide to us, for the purposes of evaluation, monitoring, security, auditing, record-keeping, providing enhancements to the API.

By completing any form on this Platform, you provide your consent to your personal information being handled in accordance with these Terms, our privacy statement and the Privacy Act.

Employr will not otherwise use or disclose your personal information without your consent, unless authorised or required by or under law.

Our Privacy Statement contains information about:
• how you may seek access to and correction of the personal information we hold;
• how you may make a complaint about a breach of the Privacy Act and how we will deal with your complaint; and
• the Employr Privacy Officer details.

Intellectual Property

Title to, and all Intellectual Property Rights in, the Platform and its features and content, legal precedents and documents, our Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos), our domains, and Social Media content are and remain the property of Employr.

Notwithstanding the above, all intellectual property owned by an intellectual property owner prior to partnering with or licensing to Employr remains the property of the licensor or intellectual property owner.

Support

Employr will ordinarily provide business and technical support for the Platform between the hours of 9am and 5pm Monday to Friday (excluding public holidays and Employr shut-down periods as specified on the Employr website and official notices).

Liability and indemnity

You agree that Employr will not be liable to you or your organisation for any loss or damage whatsoever that you or your organisation suffers or may suffer that arises directly or indirectly from:
1. your use of, or inability to use, this Platform;
2. unauthorised access to or alterations of your transmissions or data;
3. activities resulting from the loss or misuse of your username and password;
4. Any attempt to use the Platform without authorisation. This includes but is not limited to password cracking, social engineering (defrauding others into releasing their passwords), denial-of-service attacks, sending packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding, harmful alterations of services, harmful and malicious destruction of data, injection of computer viruses, distribution of viruses through the use of this Platform, intentional invasion of privacy, reading of files without authorisation; and
5. any other matter relating to the transactions, forms or functionality of this Platform.
 
You and your organisation agree to indemnify and hold harmless Employr from and against any loss, damage, cost, expense, claim proceeding or liability of any kind that Employr may incur to any third party that arises directly or indirectly from:
1. your breach of these Terms; and
2. your use of this Platform and your activities in connection with this Platform, except to the extent that any such loss, damage, cost, expense, claim proceeding or liability arises solely from any act or omission involving fault on the part of Employr.
 
Unless specific provisions of legislation are quoted, we do not make statements of the law in relation to any matter. The comments and content contained in this website and on our Platform about the law are summaries that may not be comprehensive or complete. Please read our Disclaimer for more details. If you wish to know the law, you should either go to the relevant legislation or obtain advice from a qualified professional, such as an employment lawyer.

Employr is not responsible for the Agreement You purchase being in any part unenforceable due to being “seriously unjust” (or another ground as may be prescribed by law in effect from time to time) or where a party does not make proper disclosure to the other as part of the Agreement process.  The content of the Agreement and the disclosure process is a matter for You.  We will not be liable for any costs associated with the enforcement, defence or execution of Your Agreement.
 
Employr is not responsible for the Document You purchase being unenforceable or not applicable to your circumstances.  The content of the Document and the signing and application of it is a matter for You.  We will not be liable for any costs associated with the enforcement, defence or execution of Your Document.
 
Please read our Disclaimer for more details.

Termination of use

You may cancel your registration with the Platform at any time by lodging a request with our support team.

Employr may immediately terminate your registration, access to and use of this Platform by notice to you, if it determines that you have breached any of these Terms.

Employr may suspend your registration, access to and use of this Platform if Employr considers it necessary to protect its interests or those of any other person while it investigates any technical or operational issue or breach of security or a possible breach of these Terms.

Employr reserves the right to report any offence to the proper authorities, if necessary.

Employr may also terminate your registration, use of or access to this Platform for its own reasons and without any fault on your part provided that in such circumstances Employr will attempt to give you not less than 30 days prior written notice of such termination where it considers that this is appropriate in its absolute discretion.

Employr will not provide online services or any data or documents to you via this Platform or any other means after the date of termination.

Notices

You agree that Employr may notify you of any changes to your registration, access and use of the Platform and of any changes to these Terms by publication of a notice on the Platform. In such circumstances, Employr may, but is not bound to, also issue an email notification to your registered email address.

Amendments to the terms

Employr may amend these Terms at any time, and you agree to be bound by any such amendments immediately upon notification of the amendments being posted on the Platform. Employr may also, at its discretion, require you to accept the amended Terms prior to allowing you continued access to the Platform.

If you do not wish to be bound by any changes to the Terms, you must immediately seek cancellation of your registration to the Platform by contacting us and no longer use or access the Platform.

Governing law and jurisdiction

These Terms are governed by the laws of the New Zealand. The parties submit to the non-exclusive jurisdiction of the courts of the New Zealand.