TERMS & CONDITIONS
Welcome to Talentpay’s website. A reference to “Talentpay”, “we”, “us” or “our” is a reference to Talentpay NZ Ltd Company No: 9429041246085. These terms and conditions of use (“Terms”) govern your use of the sites owned and operated by us including talentpay.co.nz (“Website” or “Websites”), and the services offered on those Websites. Please read these Terms carefully. If you continue to browse and use our Website, you agree to these Terms, which together with our Privacy Policy talentpay.co.nz/privacy and other disclaimers or notices on our Websites, are a binding agreement with you. Check these terms regularly prior to using our Website to ensure you are aware of any changes. We will highlight any significant or substantive changes to you, where possible. Please note that your use of our specific services may also be provided by us pursuant to a separate agreement. These additional terms become part of your agreement with us if you use the services.
Your Use
You must not:- use the Websites in any manner which is unlawful or which violates or interferes with any right of us or other users;
- sell, assign, or commercially exploit or transfer any right in or make available to a third party, the content of the Websites;
- use the Websites in a manner that damages, disables, overburdens or impairs any of our Websites or services; or
- attempt to gain unauthorised access to any Website or any of our services.
Disclaimer
To the full extent permitted by law, and subject to any non-excludable liability or conditions or warranties implied by legislation, Talentpay and our related entities and respective directors, employees, agents and contractors, expressly disclaim all representations and warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose, of freedom from errors or defects, or that our Website or its server is free of viruses or any other harmful components.Limitation of liability
The Websites are provided on an ‘as is’ basis and use of the Websites are at your own risk. We at all times endeavour to have the most accurate, reliable and up-to-date information on our Website, however to the full extent permitted by law we do not warrant or make any representations regarding the use or the result of the use of any information or material On the Website or as to their correctness, suitability, accuracy, reliability, or otherwise. To the full extent permitted by law, and subject to any non-excludable liability or conditions or warranties implied by legislation, Talentpay excludes all liability, howsoever arising (including from negligence) for any loss or damage whether direct, indirect, incidental, special and/or consequential or any loss of profits which may arise, in connection with: (a) the Websites; (b) the operation or use of the Websites; (c) access to the Websites or results of such access; (d) the accuracy, completeness, currency, reliability or otherwise of the information, content or materials available via the Websites or your reliance on same; (e) any technical malfunction, error, defect, virus, delay, interruption, fraud or interference in respect of the Websites; or (f) any breach of any relevant legislation by us. Consumer protection laws such as the Consumer Guarantees Act 1993 (NZ) may imply certain guarantees into some contracts for the supply of goods or services and prohibit the exclusion, restriction and modification of such terms. Nothing in these Terms excludes, modifies or limits such statutory guarantees. Any liability that cannot be excluded by law, including for breach of any such applicable guarantees, to the extent we are able to do so, is limited at our option to: (i) in the case of services supplied by us – the re-supply of the services or payment of the cost of doing this; or (ii) in the case of goods supplied by us – repair or replacement of the goods, supply of equivalent goods, or payment of the cost of doing this. It is your responsibility to ensure that any products, services or information available through the Website meet your specific, personal requirements. It is your responsibility to bear any entire costs of servicing, repairs, or correction. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using the Website or any products or services that may be offered through it. It is your responsibility to do so.Indemnity
You agree to indemnify and keep indemnified us, our related entities and respective officers, employees, agents and contractors (“those indemnified”) in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which those indemnified may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with respect to the your use of the Website (or any part of it) or the violation of these Terms by you.Age Limitation
You must be over 18 years of age to use the Website and to purchase any goods or services.Links to other websites
We may from time to time provide links to other websites and information on those websites for your convenience. This does not constitute advice. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Talentpay and the owners of those websites and we take no responsibility for any of the content found on the linked websites.Termination
We reserve the right in our sole discretion to revise the content of, amend links from, or withdraw, suspend or terminate access to the Websites including where applicable pursuant to other relevant terms.Your Privacy
Please read our separate Privacy Policy www.talentpay.co.nz/privacy/ carefully.Exclusion of competitors
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Talentpay. We expressly exclude and do not permit you to use or access our Website, to download any documents or information from our Website or obtain any such documents or information through a third party. If you breach this term, then we will hold you fully responsible for any loss and further hold you accountable for all profits that you might make from such unpermitted and improper use. We reserve the right to exclude and not permit any person from using our Website or any of the documents and information contained on it.Copyright, trademark and restriction of use
The Websites contain material which is subject to intellectual property rights owned by or licensed to us that are subject to protection under applicable intellectual property laws. This includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics, software and other material, works and content on our Websites. You are not permitted to reproduce the documents, information or materials on the Websites for the purposes of sale or the use by any third party. You are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on the Website. We reserve all copyright, trademark and other intellectual property rights in our Website and in all documents and information on our Website and reserve the right to take action against you if you breach any of these Terms. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the Website as the source of the material. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.Entire Agreement
These Terms (together with our Privacy Policy and other disclaimers and notices on our Website and other terms of service) represent the entire agreement between you and Talentpay, concerning your use and access to our Website and your use and access to the documents and information on it. No other term is to be included, except where it is required to be included by any legislation of an applicable jurisdiction. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.Exclusion of unenforceable items
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any jurisdiction then such a clause shall not apply in that jurisdiction and shall be deemed never to have been included in these Terms and conditions in that jurisdiction. Such a clause if legal and enforceable in any other jurisdiction shall continue to be fully enforceable and part of this agreement in those other jurisdictions. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these Terms.Jurisdiction
These Terms and the Website are subject to the laws of New Zealand. If there is a dispute between you and Talentpay that results in litigation, then you must submit to the jurisdiction of the courts of New Zealand.© 2022 TALENTPAY | PRIVACY | TERMS AND CONDITIONS | TRUST
Talentpay NZ Limited: PwC Centre, 10 Waterloo Quay, Wellington, 6011 , New Zealand