Advertising Terms of Use

These terms and conditions (“Terms”) govern all Advertisers (defined as “Advertiser”, “you” and “your”) that:

• have placed an advertisement (“the relevant ad”) on www.cookislandsjobs.com (“the Site”); and

• have been advised that applications submitted in respect of the position advertised in the relevant ad will be forwarded to the email address provided by you.

 

Your access to and use of the information, materials and services provided on the Site is conditional upon your acceptance and compliance with the Terms.

This Site is owned and operated by Human Resources Cook Islands Ltd (A duly incorporated company registered in the Cook Islands under Company Registration Number 3688/2017, defined as (“HUMAN RESOURCES COOK ISLANDS LTD”, “we”, “us” and “our”).

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Your continued use of the Site will be deemed as acceptance of these Terms by you.

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Variation of Terms

1. Human Resources Cook Islands Ltd may vary these Terms at any time. If Human Resources Cook Islands Ltd varies these Terms, it will provide notice by publishing the varied Terms on the Site.

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2. You accept that by doing this, Human Resources Cook Islands Ltd has provided you with sufficient notice of the variation to its Terms.

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Payment

3. All amounts owing to Human Resources Cook Islands Ltd must be paid within 7 days of the date of the invoice.

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4. You are obliged to pay for the services that Human Resources Cook Islands Ltd agrees to provide you with, regardless of whether you utilise or fully utilise those services. If you do not provide Human Resources Cook Islands Ltd with the necessary materials or information for Human Resources Cook Islands Ltd to deliver these services to you, you are still liable to Human Resources Cook Islands Ltd for full payment.

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5. Human Resources Cook Islands Ltd may charge you interest on late payments at its applicable bank interest rate plus any costs we incur as a result of collecting your payment.

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6. If you do not pay your account on time Human Resources Cook Islands Ltd may disable your account without notice and refuse to supply further services to you.

 

Intellectual Property Rights

7. Human Resources Cook Islands Ltd retains all intellectual property rights subsisting in any of the goods and services provided to you by Human Resources Cook Islands Ltd.

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Limitation of Liability and Disclaimer

8. Human Resources Cook Islands Ltd provides no warranty to you that services generally available through the Site will be uninterrupted or error-free. Except where we are unable to exclude our liability by legislation, we, our officers, employees, agents and contractors, will not be liable in any way to you or anyone else for any loss or damage, however, it arises (whether in contract, tort including negligence, or otherwise) out of or in connection with your access and use of the Site.

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9. In the case of goods or services supplied or offered via the Site, liability for breach of an implied term which cannot be excluded by legislation, is limited at our option to either, the supply of the goods or services (or the equivalent goods or services) again or the payment of the cost of having the goods or services supplied again.

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10. Our limitation of liability under these Terms applies to direct, indirect, consequential, special, punitive or other damages that you or others may suffer, as well as damages for loss of profit, business interruption or the loss of data or information, even if we are informed of their possibility.

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11. Human Resources Cook Islands Ltd accepts no responsibility or liability for any errors in your advertisements and you must check your advertisements for errors as soon as they are placed on the Site. Human Resources Cook Islands Ltd agrees to use reasonable efforts to publish advertisements in the shortest possible time.

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12. Human Resources Cook Islands Ltd cannot and does not guarantee or warrant to you that files available for downloading through the Site or delivered via electronic mail through the 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 the Site for the reconstruction of any lost data.

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13. Human Resources Cook Islands Ltd acts as a medium through which individuals seek employment opportunities. Human Resources Cook Islands Ltd does not vet, nor is it responsible for vetting, job candidates or the representations made by them, whether oral or in writing – including those representations appearing in job candidates’ resumes.

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Changes to the Site

14. Human Resources Cook Islands Ltd reserves the right at all times, without the need to have to provide any notice to you, to alter the functionality and/or appearance of its products and services available from Human Resources Cook Islands Ltd or the Site itself, including but not limited to advertisements on the Site and/or as they are represented on mobile communication devices.

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Your Obligations

15. You warrant and agree that:

1. you have the legal capacity and power to agree to be bound by these Terms and perform the obligations under it;

2. advertisements and other works posted on the Site do not breach the intellectual property rights of any third party;

3. all files delivered to Human Resources Cook Islands Ltd will be free of infection or viruses; and

4. you will not use the Site for any illegal purpose and

5. you will not use the Site or any features of the Site or products offered on the Site to upload, download, transact, store or make available data that is unlawful, harassing, threatening, harmful, tortious, defamatory, libellous, abusive, violent, obscene, invasive of another’s privacy, racially or ethnically offensive or otherwise in our opinion objectionable or damaging to Human Resources Cook Islands Ltd, the Site users or persons generally.

 

16. You may not assign or transfer any rights and obligations pursuant to this agreement to any other person or entity without Human Resources Cook Islands Ltd’s prior written approval (which will not be unreasonably withheld). If you are a company, any change in your effective control shall be deemed an assignment for the purpose of this clause.

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17. You indemnify and will keep indemnified Human Resources Cook Islands Ltd, its officers, employees and agents against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by Human Resources Cook Islands Ltd in connection with:

1. any breach of these Terms by you;

2. any negligent act or omission by you;

3. the listing or proposed listing of any advertisement by you on the Site or any related site; or

4. an actual or alleged breach by you of any law, legislation, regulations, by-laws, ordinances or codes of conduct that occurs as a consequence of your advertisement appearing on the Site.

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18. You agree at all times to deal with any information or products provided by Human Resources Cook Islands Ltd or accessed from the Site in a manner that abides by all applicable laws of the Cook Islands, or of any other relevant jurisdiction (including, without limitation, privacy and copyright laws).

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19. Except as otherwise permitted under these Terms, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Site, including code and software.

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20. You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on the Site for establishing, maintaining, advancing or reproducing information contained on the Site on another website or in any other publication, without Human Resources Cook Islands Ltd’s prior written approval.

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21. You may not use the Site to post any pyramid scheme on the Site, and you also may not ask or require any candidate to pay a fee, charge, cost or any money whatsoever to apply for any job advertised on the Site whether such fee, charge, cost or money is asked or required of the candidate in the job advertisement itself or in any communication with the candidate that takes place as a result of a job advertisement placed on the Site.

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22. You may not use any feature of the Site to send any unsolicited commercial electronic messages to candidates, whether individually or as a group. Candidate management tools may only be used to communicate with candidates about the specific vacancy to which they have applied. Resume database tools may only be used to communicate with candidates about specific vacancies that match your preferences.

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23. You must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to Human Resources Cook Islands Ltd without Human Resources Cook Islands Ltd’s prior written approval.

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Placing Advertisements
24. You must ensure that all advertisements posted to the Site comply with all applicable legislation, regulations, by-laws, ordinances and codes of conduct.

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25. You are not permitted to insert links to an external website or an externally hosted application form:

1. within the details of a job ad (including from the apply functions);

2. from within the Site’s job application process;

3. within or from a previously approved externally hosted application form;
   Without Human Resources Cook Islands Ltd’s express written approval which may be granted withheld or withdrawn at Human Resources Cook Islands Ltd’s discretion.

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26. You are not permitted to promote or refer to brands other than those associated with your business, (or a business operated by a related party to you);

1. within the details of a job ad (including from the apply functions);

2. from within the Site’s job application process;

3. within or from a previously approved externally hosted application form;
   Should you refer to your business/company name in your advert, Human Resources Cook Islands Ltd reserves the right to remove that from the advert before uploading to the site.

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You may not post advertisements to the Site to any location outside the Cook Islands.

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27. You must ensure that advertisements posted to the Site are posted to the appropriate category of the Site. It is your responsibility to ensure that you familiarise yourself with the advertising requirements of each available category on the Site to ensure appropriate placement of advertisements.

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28. Advertisers acknowledge and agree that they must only advertise one job role per job advertisement posted on to the Site. Where Advertisers have breached this obligation and have advertised multiple job roles in the one job advertisement, Human Resources Cook Islands Ltd reserves the right to charge the Advertiser for the number of job roles advertised in the one job advertisement posted on to the Site.

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29. Advertisers must ensure that all information entered into any data entry field, as part of the advertisement classification process, relates directly to the relevant data field category. Human Resources Cook Islands Ltd reserves the right to amend, alter or remove any information that does not meet this requirement.

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30. Human Resources Cook Islands Ltd reserves the right to re-classify advertisements posted to the Site, entitling Human Resources Cook Islands Ltd to withdraw advertisements from one category of its Site and to re-publish advertisements in another category on the Site.

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31. The relevant ad will be posted on the Site for 30 days following its first appearance on the Site (“the relevant period”). You may choose to have the relevant ad removed from the Site before the expiry of the relevant period, however you agree to pay for the full relevant period notwithstanding that the relevant ad has been removed from the Site before the expiry of 30 days.

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32. You may choose at any time to replace the relevant ad with a notice advising that the position advertised in the relevant ad has been filled. If the relevant period has not expired, Human Resources Cook Islands Ltd will not apply any additional charges for this change. You agree that the appearance and content of any notice advising that the position advertised in the relevant ad has been filled is at the sole discretion of Human Resources Cook Islands Ltd.

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33. The following actions constitute a new/additional job advertisement:

1. copying a job advertisement;

2. reposting an archived or deleted job advertisement;

3. extending a job advertisement beyond the relevant period (“Extending”);

4. changing a job category and/or refreshing any job posting. Refreshing is the process of deleting and re-posting the same or a substantially similar job advertisement

 

34. You may choose to place the relevant ad on the Site for any number of additional 30-day periods following the expiry of the relevant period on payment of an additional fee for each additional 30-day period.

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Authority to email applications

35. You expressly authorise Human Resources Cook Islands Ltd to email all applications submitted in response to the relevant ad to your nominated email address.

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Maintenance
36. Human Resources Cook Islands Ltd will use reasonable endeavours to ensure that the site is up to date. Notwithstanding this, Human Resources Cook Islands Ltd and its third-party service providers may be required to undertake maintenance and upkeep of the site from time to time. Human Resources Cook Islands Ltd will endeavour to limit any ‘downtime’ to periods outside of standard business hours. Human Resources Cook Islands Ltd provides no warranty to you that services generally available through the Site will be uninterrupted or error-free. Except where we are unable to exclude our liability by legislation, we, our officers, employees, agents and contractors, will not be liable in any way to you or anyone else for any loss or damage, however, it arises (whether in contract, tort including negligence, or otherwise) out of or in connection with your access and use of the services provided by Human Resources Cook Islands Ltd and/or the Site.

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Licence to use data
37. The Advertiser hereby grants Human Resources Cook Islands Ltd a perpetual, non-exclusive, irrevocable licence to use any data stored on the Site which belongs to the Advertiser to:

• manage internal reporting requirements;

• collate statistical information about the use of the Site and submission of online applications;

• analyse user behaviour on the Site;

• obtain and analyse high-level trends and prepare reports relating thereto; and

• generally improve the job seeker’s user experience.

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General Terms
38. Human Resources Cook Islands Ltd reserves the right to terminate your agreement with Human Resources Cook Islands Ltd if you post any advertisement that may be in breach of any of these Terms. Further, Human Resources Cook Islands Ltd reserves the right to, in its absolute discretion, reject or remove any advertisement from the Site for any reason.

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39. Human Resources Cook Islands Ltd reserves the right to withhold applications that do not adhere to our terms and conditions.

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40. All ‘web and print’ adverts received will be included in the services stated. Adverts in the Cook Islands Herald refer to inclusion in the Cook Islands Jobs weekly advert and may include your business name, job title and island only. Additional information may be included at times upon request.

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Termination of our agreement with you as a result of you breaching any one or more of these Terms will not end provisions of these Terms that are capable of surviving termination.

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These Terms are governed by the laws of the Cook Islands. Advertisers irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of the Cook Islands you hereby waive any objection to legal action being brought in those Courts on the grounds of venue or inconvenient forum.