Terms and Conditions

    1. The New System Solution Limited (NSS) application and any associated application and/or websites (App) that are owned and operated by NSS (weusour), a company duly incorporated in New Zealand (company number 8123477).
    2. This App and any provision of services available through this App are governed by these terms and conditions of use (Terms of Use) and the NSS privacy policy (Privacy Policy) at http://nss-web-final.s3-website-ap-southeast-2.amazonaws.com/#/privacy.
    1. This App provides online services including, but not limited to, collecting, aggregating and delivering information in relation to employment, employees and employment providers (Services).
    1. As a user of this App (User) you agree that you have read and understood these Terms of Use and acknowledge, without limitation or qualification, that by accessing this App these Terms of Use are binding on you.
    2. If you are using this App as a subscribing member (“Member”) you must register in accordance with clause 5. You agree that you have read and understood these Terms of Use and acknowledge, without limitation or qualification, that by accessing this App these Terms of Use are binding on you.
    3. NSS reserves the right to amend or update these Terms of Use at any time, without notice to you. Such changes will be effective from the moment of their publication; and you agree to read and understand and be bound by the most recent Terms of Use that are in effect each time you access this App.
    4. We reserve the right, at our sole discretion, to alter, suspend or otherwise remove a Member’s access to this App and the provision of the Services for any reason. In the event of the above occurring all ongoing obligations of the parties under these terms shall remain in force, however we reserve the right to refund any Subscription Fees in relation to this clause 3.4 as we deem appropriate.
    1. You are solely responsible for ensuring that you have sufficient and compatible hardware, software, telecommunications equipment and internet service to use this App and the Services.
    1. To register as a Member (Subscription) you must provide us with current, complete and accurate information as required, and you must pay the Subscription fee for the relevant level of Subscription as set out on the App from time to time (Subscription Fee).
    1. Upon Subscription, you will be issued with a username and password which will provide you with access to your account. You agree to keep your account details confidential and acknowledge that you are wholly responsible for maintaining the security of your account.
    2. You are solely responsible for any activity that occurs on your account, whether authorised or unauthorised. You must notify NSS immediately of any unauthorised use of your account.
    3. You may be held liable for any losses incurred by NSS resulting from any use of your account, whether by you or any unauthorised third party.
    1. As a Member, as part of your Subscription, you may be entitled to or required to submit information to this App (Member Information).
    2. Whether you are a Member or a User, you accept the terms of our Privacy Policy.
    3. You hereby warrant that any Member Information you submit to us through this App is owned by you and that you have the necessary authority to submit such information.
    4. As a Member you further agree that you shall not submit or transmit Member Information through this App or to us that:
      1. Is obscene, vulgar, or pornographic;
      2. Encourages the commission of a crime or violation of a law;
      3. Is illegal and violates any state or federal law in the U.S., Australia, New Zealand and/or the jurisdiction in which you reside;
      4. Infringes the intellectual property rights of a third party;
      5. Is otherwise offensive or inappropriate based upon the type of content and information provided by us and/or third parties on this App.
    5. We reserve the right to remove or otherwise delete any Member Information that violates these Terms of Use without notice to you, or which are inappropriate in our sole discretion. NSS will not be liable for any loss or damage caused by deleting any Member Information..
    6. We may disclose your Personal Information if we determine in good faith that disclosure is reasonably necessary to protect our rights and pursue available remedies, enforce our Terms of Use, investigate fraud, or protect our operations, Users or Members.
    7. NSS may also be required to disclose Member Information and/or personal information to comply with legal or regulatory requirements.
    1. NSS will use reasonable endeavours to ensure that the Services provided through the App are secure, however you acknowledge and agree that internet transmissions are never entirely secure or private, and that any message or information you send to or through the App may be read or intercepted by unrelated unauthorised third parties.
    2. NSS will have no liability for the interception or hacking of data through this App by unauthorised third parties and any loss or damage resulting from such.
    3. You accept and acknowledge that the security and protection of your computer systems and/or mobile devices, including your use of any virus detection software, is your responsibility. NSS will not be liable to you for any loss or damage incurred as a result of you downloading files from the App.
    4. Payment of the subscription fee by credit card is processed through a third party application and by making payment in such manner, you are agreeing to the terms and conditions of use of that third party’s application. We shall not be liable for any loss or damage incurred by you through use of that  third party’s application.
    1. Any use of this App not contemplated by these Terms of Use is unauthorised. The unauthorised access and use of this App by any third party or by a User or Member  is also unlawful and contrary to the Terms of Use.
    2. This App may not be used in any way that violates any national or international laws or regulations, or  for any purpose that is unlawful, illegal, fraudulent or harmful.
    3. You must not use this App to copy, store, host, transmit, send, use, publish or distribute any material that can damage and/or disrupt this App and/or any other user’s use and enjoyment of this App.
    4. You must not conduct any systematic or automated data collection activities (including without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to this App and you must not engage in any reverse engineering utilising this App.
    5. We will report all breaches of these Terms of Use to the relevant regulatory authorities in the country or state where the breach occurs and comply with any legal requirements imposed on NSS.. You agree that such disclosure will not be a breach of the privacy policy or principles of the state or country concerned. Should a breach occur we will terminate your access to the App. We will not be responsible to you for any loss or damage incurred as a result of such termination.
    6. You will be liable to NSS for all losses and liability whether incurred directly or indirectly as a result of your unlawful and/or prohibited use of this App and you hereby indemnify and save harmless NSS against said losses and liability.
    1. Except for items in the public domain, this App and all material contained or published on this App (Intellectual Property) are wholly owned by NSS and/or its Members. Nothing contained in these Terms of Use or on this App shall be construed as granting by implication, estoppel or otherwise any licence or right to use any of the Intellectual Property without the written permission of NSS or such other party that may own the Intellectual Property.
    2. All content and materials, slideshows, graphic works, videos, recordings, webinars and photographs appearing on this App that are the original works of NSS and all written information appearing on this App which prior to its publication on this App comprises the original work of NSS are the NSS works (Works). NSS is the author and owner of the Works and claims exclusive copyright in them pursuant to the Copyright Act 1994. No person or body corporate shall copy the Works or issue copies of the Works to the public whether by sale or otherwise unless expressly authorised by these Terms of Use or expressly authorised in writing by NSS. No person or body corporate may make any adaption of the Works unless expressly authorised by these Terms of Use or in writing by NSS.
    3. Other than as is expressly authorised by this App, you must not modify or distribute any content or materials you have acquired from this App. All trademarks, copyrights or any other proprietary notices must always remain intact. . You must not copy, reproduce, republish, download, post, broadcast or transmit this App, any Works ,or any part thereof or any materials from this App except for your personal use as a User or Member, which is authorised by these Terms of Use.
    4. Your right to use this App will cease immediately if you breach any of the Intellectual Property agreements contained in these Terms of Use.
    5. You may link to our homepage, provided that it complies with the law and does not damage, or take advantage of our reputation. You must not establish a link in such a way as to suggest any form of association, approval or endorsement unless we have provided prior written consent to the endorsement. NSS may demand the removal of a link to the NSS homepage from your App or other online forum and you agree to remove the link immediately up on demand being made.
    1. This App may contain links to other apps or website sources (Third Party Sites). Some of these Third Party Sites may request or record information from users or use cookies or other methods to collect information from you.. NSS has no control over the content or privacy policy practices of those Third Party Sites and encouraged you to review the privacy policies of those sites before engaging in any activity with them. You acknowledge that NSS is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such Third Party Sites. NSS is not associated with and does not endorse or promote Third Party Sites by the inclusion of a link to a Third Party Site on the App.
    2. On your request this App may access Third Party Sites to populate Member Information (as defined in our Privacy Policy). You agree to defend, indemnify, and hold NSS and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including legal fees, that arise from:
      1. Any breach of your contractual and/or intellectual property obligations to any Third Party Site; and
      2. The inclusion of any inaccurate, misleading or defamatory statements being iin your Member Information as populated from any Third Party Site.
    1. We agree and confirm that we will use all reasonable care and skill to:
      1. Keep all Member information stored on our systems and the App secure from unauthorised access;
      2. Ensure that the services provided by this App are reasonably fit for purpose;
      3. Ensure that the content of the App is accurate, however we make no representation or warranty in relation to the accuracy or completeness of the information on the App. Any reliance by you on such information is at your own risk;
      4. Change, update, and make improvements to this App and  the Services at any time without prior notice or any liability to you.
    1. NSS makes no representation about the suitability of the Services and the information contained in the Services for any purpose.
    2. You agree that you will use this App and apply the information that you obtain from it (including but without limitation all information obtained from the Services) entirely at your own risk.
    3. NSS does not warrant that the servers used to make this App available will be error free, virus free or bug free. You accept that it is your responsibility to make reasonable and adequate provision for protection against such threats. We recommend scanning any files before downloading. We will not be liable for any loss or damage caused by attacks, viruses or other technologically harmful material that may infect your computer equipment, computer programmes, computer data or other proprietary material due to your use of this App or to you downloading any material posted on it, or any site linked to it.
    4. NSS will not be liable for any interruption to this App during any period of App maintenance and/or for reasons beyond our reasonable control.
    1. Under no circumstances shall NSS, or its agents, affiliated companies, officers, directors, employees, and contractors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, this App or Member Information. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if NSS has been advised of the possibility of such damage.
    2. Except as prohibited by law, in no event shall the amount of collective liability of NSS and its agents, affiliated companies, officers, directors, employees, and contractors exceed the amount actually paid by you to NSS for the Services.
    1. If you access our App or the Services on behalf of your employer, client, or other entity, you warrant and guarantee that you have authority to do so otherwise your activity will be considered a breach of these Terms of Use.
    1. You agree to defend, indemnify, and hold NSS and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including legal fees, that arise from your misuse or breach of this App or the Terms of Use.
    1. You indemnify NSS against any loss, costs, expenses, demands or liability, whether direct, indirect or consequential or otherwise, and whether arising in contract, tort (including in each case negligence), or equity or otherwise, arising out of a claim by a third party alleging infringement of that third party’s Intellectual Property rights if such claim arises from infringement, suspected infringement or alleged infringement due to:
      1. A breach by you of these Terms of Use; or
      2. Use of any of the Services in a manner or for a purpose not reasonably contemplated or authorised by NSS..
    1. Subject to clause 18.2, you consent to receiving from time to time, electronic messages from NSS which market or promote our goods and services.
    2. NSS will include a functional unsubscribe facility in any electronic messages sent to you.
    3. Upon written instruction from you, NSS will cease to send electronic messages to you as described in clause 18.1 above..
    1. If you are acquiring or holding yourself out as acquiring goods or services under these Terms of Use for business purposes, then the Consumer Guarantees Act 1993 will not apply.
    1. In these Terms of Use “Force Majeure Event” means any event or cause beyond the reasonable control of a party and includes, without limitation, acts of God, any limitation due to Government order, effects of pandemic, epidemics, acts of war, riot, strikes or lockouts, fire, communication line failures, power failures, earthquakes, natural or man-made disaster, or other circumstance of a similar nature.
    2. NSS may suspend its obligations to perform the Services if it is unable to perform as a direct result of a Force Majeure Event by notifying you and giving details of the Force Majeure Event. Any such suspension of performance must be limited to the period during which the Force Majeure Event continues.
    3. Where our obligations have been suspended pursuant to clause 20.2 for a period of 90 days or more, you may immediately terminate your Subscription by giving us notice in writing.
    1. These Terms of Use constitute the complete agreement between the parties, superseding all proposals or prior agreements, oral or written, and all other communications between the parties relating to the Services.
  22. WAIVER
    1. No exercise or failure to exercise or delay in exercising any right or remedy by a party shall constitute a waiver by that party of that or any other right or remedy available to it.
    1. If any provision of these Terms of Use or their application to any party or circumstance is or becomes invalid or unenforceable to any extent, the remainder of these Terms of Use or their application shall not be affected and shall remain enforceable to the greatest extent permitted by law.
    1. Where any dispute arises between the parties concerning these Terms of Use or the circumstances, representations, or conduct giving rise to these Terms of Use, no party may commence any court or arbitration proceedings relating to the dispute unless that party has complied with the procedures set out in this clause 24.
    2. The party initiating the dispute (First Party) must provide written notice of the dispute to the other party (Other Party) and nominate in that notice the First Party’s representative for the negotiations. The Other Party must within seven days of receipt of the notice give written notice to the First Party naming its representative for the negotiations. Each representative nominated shall have authority to settle or resolve the dispute.
    3. If the parties are unable to resolve the dispute by discussion and negotiation within fourteen days of receipt of the written notice from the First Party, then the parties must immediately refer the dispute to mediation.
    4. The mediation must be conducted in accordance with the protocols of the Arbitrators’ and Mediator’s Institute of New Zealand Inc (AMINZ). The mediation will be conducted by a mediator, and at a fee, agreed by the parties. If the parties fail to agree such matters within ten working days following the date the dispute is referred to mediation at 24.3 above, the president for the time being of AMINZ will select the mediator and determine the mediator’s fee.  The parties will share equally the cost of the mediator’s fee.
    1. These Terms of Use shall be governed by New Zealand law.  The parties submit to the exclusive jurisdiction of the New Zealand courts in respect of all matters relating to these Terms of Use.