Jitbug Limited (“Jitbug”, ‘we”, “our”, “us”) provides recruitment matching services (“Services”) between relief teacher candidates (“Candidates”) and schools and other educational organisations (“Organisations") via our website (www.jitbug.co.nz) and Apple AppStore and Google Play mobile applications (each a “Site”). All use of the Services and a Site is subject to these terms and conditions. References in these terms and conditions to “you” shall be deemed to include both Candidates and Organisations unless the context otherwise requires. We may from time to time amend these terms and conditions. The text of any amendments will be posted on our website. You will also be notified by e-mail. Your continued use of a Site and the Services will be subject to you accepting the amended terms and conditions. If you proceed to use a Site and Services then you will be deemed to have accepted the amended terms and conditions.
You warrant and undertake:
(a) All information supplied by you, including in answers to questions, is accurate and not misleading in its context whether by omission or otherwise and in all respects presents a true and fair picture of you.
(b) You are not aware of any fact or matter not disclosed that renders any such information untrue, incorrect or misleading.
(c) All the facts and circumstances material for disclosure to a service provider like us has been fully disclosed to us.
You are solely responsible for, and assume all liability regarding the information you contribute to a Site or that you post, transmit, publish, or otherwise make available through a Site or the Services. You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions between Candidates and Organisations.
You agree that information contained on a Site is for personal use only and may not be sold, redistributed or used for any commercial purpose. You may download material from a Site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
You must not:
(a) modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from a Site including code and software;
(b) use a Site for any purpose that is unlawful or prohibited by these terms and conditions;
(c) use data mining, robots, screen scraping, or similar automated data gathering, extraction or publication tools on this Site (including without limitation for the purposes of establishing, maintaining, advancing or reproducing information contained on our Site on your own website or in any other publication), except with our prior written consent;
(d) upload viruses or other malicious code;
(e) solicit login information or access an account belonging to someone else;
(f) bully, intimidate, or harass any user;
(g) post any content that is unlawful, defamatory, hate speech, threatening, or pornographic, incites violence or contains nudity or graphic or gratuitous violence.
We reserve the right, but have no obligation, to monitor the information or material you submit to a Site or provide in connection with Services. We reserve the right to remove any such information or material that in our sole opinion and at our sole discretion breaches, or may breach, any applicable law or these terms and conditions or upon the request of any third party.
You acknowledge and agree that information published by us is intended to provide general information in summary form. In providing the Services we are solely reliant on the accuracy and completeness of information provided to us by Candidates and Organisations including, without limitation, in the case of Candidates, in relation to identity, qualifications, employment history or otherwise.
We do not endorse or recommend any of the jobs, business or self-employment opportunities advertised on its Site and we strongly recommend that prior to entering into any agreement with any person, that you obtain your own independent legal, accounting, financial or taxation advice as appropriate. It is solely your responsibility to evaluate and verify the accuracy, completeness and usefulness of all opinions, advice, services and other information provided through a Site or on the Internet generally, including in relation to any Candidate or Organisation.
In no event will we be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any information contained on or omitted from a Site.
We give no guarantee to you of the continued availability of any particular job advertised on a Site and will not be liable to you should an Organisation have filled the vacancy at any time prior to removal of the advertisement from a Site or should a Candidate no longer be available for any vacancy.
Whilst Jitbug takes efforts to ensure that jobs advertised are for actual job vacancies, it gives no guarantee to you that every job advertisement represents an actual job vacancy.
Each Candidate warrants that they are:
(a) a registered teacher;
(b) are appropriately qualified and trained for the role they are applying for; and
(c) they never been convicted of a crime and/or are not required to register as a sex offender with any government entity.
Candidates are to provide the required proof of identification and registration upon arrival at an Organisation. This includes driver’s licence or passport and your teacher registration card or equivalent registration information. For the avoidance of any doubt, the Organisation accepts sole responsibility for checking and verifying all identity and qualification information for any Candidate prior to commencement of employment.
For Organisations advertising job vacancies, the monthly subscription fee is NZD50 incl GST /month. This is payable in advance for a quarterly (3 months), half-yearly (6 months) or annual (12 months) period. This fee provides one administration account per Organisation.
For Candidates, fees are calculated at NZD3.50 incl GST for each day of employment. This is deducted from a prepaid account balance.
All payments must be made in cleared funds to our bank account as notified to you from time to time.
Should an agreed job not proceed for any reason, you must notify Jitbug within 24 hours requesting a refund by submitting a formal request to firstname.lastname@example.org with the relevant details.
We reserve the right to amend the fees that are payable from time to time for the use of a Site and Services on notice to you.
Jitbug provides links and pointers to Internet sites maintained by third parties from a Site. Such linked sites are not under the control of Jitbug and Jitbug is not responsible for the contents (including the accuracy, legality or decency) of any linked site or any link contained in a linked site. Jitbug is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Jitbug of the linked site. Jitbug is not responsible for the copyright compliance of any linked site. Jitbug will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party.
While Jitbug takes all due care in ensuring 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 or while stored on Jitbug systems or on Jitbug Services. Jitbug disclaims all liability to you to the greatest extent possible pursuant to law should this occur.
To become a registered user, you must provide a password and a login name. You are entirely responsible if you do not maintain the confidentiality of your password and login name. Furthermore, you are entirely responsible for any and all activities that occur under your login name. You may change your password at any time by following instructions. You may also change your login by contacting customer service. You may also delete services attached to your registration at your convenience.
You agree to immediately notify Jitbug of any unauthorized use of your login name or any other breach of security known to you.
You will not create more than one account. If we disable your account, you will not create another one without our permission.
You will keep your contact information accurate and up to date.
You agree that it is a condition on your use of the Jitbug Site and of any other services provided by Jitbug or through a Site that you will not through any act or omission (including but not limited to creating a profile on the Jitbug Site) mislead or deceive others.
You may use a Site for the sole purpose of enabling you to receive the benefit of the Services but not for any other purpose. This is a right that is personal to you and subject at all times to these terms and conditions. If you breach the terms and conditions, we may immediately terminate your use of a Site.
You must comply with all applicable laws regarding use of a Site and Services you and shall not use a Site for any illegal or other purpose which we consider at our sole discretion to be threatening, abusive or harmful (including any purpose which is detrimental to the interests of Jitbug).
In using a Site you must not, and must not allow any other person to modify, copy, or cause damage or unintended effect to any portion of a Site, aggregate, reverse engineer, copy or duplicate in any manner any of the content or information available from a Site.
Nothing shall be deemed to confer on you any proprietary right, title or interest in or to a Site or any content on a Site. All intellectual property arising out of or in connection with the provision of the Services or the use of a Site will automatically vest with us. You will sign all documents and otherwise do all things to perfect our ownership of such intellectual property.
You will not challenge the validity of the whole or any part of the intellectual property in or relating to a Site or the Services or do or not do anything which impairs the rights in a Site or which prejudices, dilutes or reduces the commercial value, reputation or goodwill of or in any of a Site.
We provide no warranty to you that the services generally available through a Site will be uninterrupted or error-free or that defects in the service will be corrected. You also understand that we cannot and do not guarantee or warrant to you that files available for downloading through a Site or delivered via electronic mail through a Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to a Site for the reconstruction of any lost data.
If anyone brings a claim against us related to your actions including content or information supplied to us or through a Site, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including any reasonable legal fees and costs) related to such claim.
Any transactions made are entirely at your own risk. Whilst Jitbug will endeavour to do its part to ensure no foul play is takes place, you agree that Jitbug takes no responsibility or liability for any misconduct of its users. This includes, without limitation, a Candidate or Organisation that has registered under the pretence of committing fraud.
Your use of a Site and Services is at your sole risk. A Site and Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, Jitbug disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose and non-infringement;
Our maximum liability to you for any one event or series of related events directly or indirectly arising out of or relating to the use of a Site or Services, and whether in contract, tort (including negligence), breach of statutory duty or otherwise, will be $1,000 in aggregate.
We shall not be liable to you by reason of any implied warranty, condition or other term, or any duty at common law, or under the terms of this contract, for indirect or consequential loss or damage, or any loss of profit, loss of revenue, loss of business or future business or loss of information or data (in each case whether direct or indirect).
Without limiting the foregoing limitations and exclusions, we shall not be liable for a failure or delay in performance in connection with a Site or Services where such failure or delay is caused by Act of God (such as fire, flood or earthquake), state of emergency, war, Act of Parliament, governmental or regional or local authority restraint, legislation or bylaw, strike, industrial action, lockout, difficulty in procuring components or materials, technical difficulties or interference, equipment malfunction, shortage of labour, lack of skilled labour, delays in transit, failure or delays by suppliers or subcontractors, failure, delay or inability to obtain any necessary authorisation, legislative, departmental or other prohibition or restrictions, legal action, injunction or threat or reasonably anticipated threat of injunction or other legal action by any person or other causes whatsoever (whether similar in nature or not to the foregoing) beyond our reasonable control.
If you breach these Terms and Conditions then we may at our discretion immediately suspend or terminate the use of a Site or Services on notice to you. We will notify you by email or at the next time you attempt to access your account.
Any termination shall not affect those provisions intended to or capable or surviving termination and shall be without prejudice to our rights and remedies accruing prior to termination.
No waiver by us of any breach or failure to enforce any provision of these terms and conditions shall in any way affect, limit or waive our right to subsequently enforce and compel strict compliance with these terms and conditions.
If any provision of the terms and conditions is or becomes invalid or unenforceable, that provision shall be deemed deleted and such invalidity or unenforceability shall not affect the other provisions of, all of which shall remain in full force and effect to the extent permitted by law, subject to any modifications made necessary by the deletion of the invalid or unenforceable provisions.
We may assign our rights and obligations under these terms and conditions to any party or sub-contract the supply of the whole or any part of a Site or Services. You may not assign your rights and obligations without our prior written consent.
These terms and conditions will be governed by New Zealand law and subject to the jurisdiction of the New Zealand courts.