Terms and Conditions


Haines NZ Ltd is trading as 'HainesAttract'. For the purpose of the HainesAttract Terms and Conditions, references to "you" and "your" are references to the Client, references to the "site" refers to the HainesLink website and references to "the Terms and Conditions" refer to the HainesLink Terms and Conditions.

By making your initial application for access to the site and by being issued with a password enabling you, or persons authorised by you, to do so you agree to be bound by the site’s Terms and Conditions. The Terms and Conditions presently applicable are set out below and supplement any other terms and conditions of trade applicable to your relationship with HainesAttract. In the event of a conflict, the Terms and Conditions prevail. HainesAttract may change the Terms and Conditions at any time and any changes shall be posted on the site’s news page and / or login page and shall be applicable to your use of the site subsequent to posting of the changes.

Governing Law

The contractual relationship between you and HainesAttract is governed by, and is to be construed in accordance with, the laws of New Zealand.

Copyright

The site is owned and operated by HainesAttract, and the material on the site is protected by international copyright and trademark laws. All right, title and interest in all intellectual property in all systems, written, graphic and other material on the site shall remain the property of HainesAttract and/or its suppliers, as the case may be. The material on this site is copyright © 1999-2002 HainesAttract New Zealand Limited. Data you submit is not the property of HainesAttract. You may request that HainesAttract provide access to your data, and/or the removal of the data at any time. HainesAttract may charge you a reasonable charge for any costs incurred in the secure accessing or deletion of data.

Use

The site is designed to be used as an online advertising request, ordering and placement resource. You may not modify, copy, reproduce, republish, upload, transmit or distribute in any way any material from this site including code and/or software.

Instructions

By submitting an advertising request ("instruction") using the site you are instructing HainesAttract to undertake work on your behalf relating to the production and insertion of an advertisement or advertisements in media. HainesAttract may, at its sole discretion, accept or decline an instruction, or may seek additional information or direction from you before accepting or declining an instruction. HainesAttract will promptly notify you of its decision in relation to an instruction and such a notification will be sent to the electronic address submitted with the instruction. HainesAttract reserves the right to reject advertisements which may breach any Statute, Regulation or Standards. However, no liability or responsibility is accepted by HainesAttract for any advertisement which may not be rejected by HainesAttract but which breaches any Statute, Regulation or Standards.

Guarantee of placement

The acceptance of an instruction submitted to HainesAttract using the site does not guarantee placement of the advertisement in the publications and/or at the times requested. HainesAttract will endeavour to satisfy your requirements but this may not always be possible. HainesAttract will promptly inform you of any non placement of advertising.

Standards

As an advertising agency officially recognised by the Newspaper Publishers Association,

HainesAttract is bound by the codes of advertising standards laid down within the advertising industry. All listings loaded through the site’s self-service option must be legally compliant and not contain anything of an offensive or otherwise objectionable nature. In general, this means that all job postings must comply with the general Code of Ethics enforced by the Advertising Standards Authority (APA). Click here to read more about the Code of Ethics, including specific code requirements.

You warrant that any information which is uploaded on the subject matter of advertising shall not be false, misleading or in contravention of relevant legislation currently in force. Click here to view relevant sections of the Human Rights Act (HRA).

HainesAttract reserves the right to remove any job postings that do not comply with ASA or HRA rules and/or relevant legislation. In this event HainesAttract will advise you why the listing is non-compliant and any costs associated with the media remain your liability.

Self Service Support

HainesAttract offers you the option to post advertisements directly to specific media via the site. If you have chosen to post directly to the job listing sites available, HainesAttract will no longer be responsible for checking advertising content, layout or classification selection prior to upload. HainesAttract will also not be able to provide value add service at the time of posting and will not be available outside of business hours for support, should the need arise. If you require assistance with editing (including content, layout or classification selection) after you have posted the advertisement directly, HainesAttract will assist during business hours, but added fees may apply.

Liability

While HainesAttract will reasonably endeavour to ensure the reliability of the site, no liability is, or will be accepted, by HainesAttract or any of its suppliers for any interruption, defect or error in the system or for any direct or indirect losses suffered as a result of the use of, failure of or non-availability of the site, (including the non-receipt of any request or instruction submitted to or using the site).

HainesAttract acts in all contracts with media and other suppliers as a principal at law and thus has legal liability for the commitments it makes on your behalf. In the case of advertising, the rights and liabilities between you and HainesAttract correspond to those between HainesAttract and the media. You indemnify HainesAttract against any loss incurred as a result of any claims or proceedings brought against HainesAttract arising out of advertising or other material you post.

If, as a result of an extraordinary event or circumstance over which HainesAttract has no control, you are unable to upload listings within the time limit required, HainesAttract shall not be responsible for any loss or damage which may be incurred by you as a result of such failure.

Where stock photographs/illustrations/other visual materials are used, you indemnify HainesAttract against any and all claims, if it is later shown that you have infringed copyright laws.

Availability of the service

You will be advised if the site is temporarily unavailable or is booked for system upgrades, however HainesAttract may, at its sole discretion, discontinue the site’s service at any time.

Responsibility for Login security

The site is available only to persons, including employees, authorised -by you (authorised users). Each authorised user must use their unique login and password to access the site. Each login is associated with you and you shall be responsible for the commitments made by authorised users of the site. HainesAttract will use its best efforts to ensure that only authorised users can access the site. You are solely responsible for maintaining the confidentiality of your password(s) and login name(s) and you will be liable for any costs and charges incurred by an authorised user who uses the site. When a person who has been nominated as an authorised user is no longer authorised to give an instruction, it is your responsibility to notify HainesAttract of this so that access rights can be removed for that person who has previously been an authorised user. HainesAttract will have no responsibility or liability for any losses or costs you may incur as a result of unauthorised users, (including past employees who may have previously been authorised persons) accessing the site using logins and passwords which you have previously authorised but not revoked.

Security of information

While HainesAttract takes all due care to ensure the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the Internet. HainesAttract accepts no liability should this occur. By using the site, you accept that HainesAttract is authorised to refer to your use of the site in any material which HainesAttract may wish to publish to promote its business and/or use of the site.

Confidentiality

All information made available to HainesAttract regarding your business activities shall, at all times, be treated by HainesAttract as company confidential unless the information or material is already within the public domain. HainesAttract undertakes that it shall not publish, disclose or otherwise circulate any confidential information to any third party.

Termination

These Terms and Conditions form the basis of a contract to provide agreed advertising services, and remain in force until expiration of the relevant listing.