TERMS AND CONDITIONS

Advertisers who register with the www.localgovernmentcareers.govt.nz ('Website') and are given access to use the services offered by NZ Society of Local Government Managers, except for the job advertising component which is operated by Local Government Online Ltd (LGOL), via the Website agree to be bound by the terms and conditions set out below.

1. The Service

a) The Advertiser acknowledges that SOLGM provides a specialist online recruitment facility through its Website and acts as a medium which links Advertisers with job seekers. The Advertiser agrees that SOLGM may from time to time change the services offered through their Website and will give the Advertiser reasonable notice of such changes.

b) The Advertiser must be a New Zealand local government authority as defined under the Local Government Act 2002, or an authorised agent acting on behalf of such an authority.

c) The Advertiser must ensure that as a condition of using the services which includes posting job vacancies on the Website, it complies with all applicable legislation and regulations including but not limited to the Privacy Act 1993 (NZ), the Fair Trading Act 1986 (NZ), the Human Rights Act 1993 (NZ) and the Bill of Rights Act 1990 (NZ).

d) The Advertiser is responsible for ensuring the security, confidentiality and proper use of the login and passwords selected by the Advertiser when it registers with the Website. The Advertiser must ensure that only authorised users of the Advertiser have access to the login and passwords and that any such authorised users comply with these terms and conditions.

e) The Advertiser is responsible for ensuring that all information that they post on the Website is accurate and complies with all applicable legislation and regulations.

f) While LGOL does not review every piece of information that is posted by Advertisers on the Website, LGOL reserves the right to withdraw without notice any information that may be in breach of any of these terms and conditions or of any legislation or regulation. Further LGOL reserves the right to reject or withdraw for any reason any job vacancy from the Website.

g) SOLGM and LGOL do not guarantee or warrant that the services available via the Website will be free from interruption or will be error free. SOLGM and LGOL will from time to time undertake maintenance or enhancement work to the Website and agrees to use its reasonable endeavours to ensure that any disruption to or a denial of access to the Website will be remedied as soon as possible.

h) The Advertiser acknowledges that SOLGM is not responsible for vetting job seekers who register with the Website or the representations that job seekers may post to the Website in the form of their profiles and/or CVs.

i) The Advertiser agrees not to use this Website to send unsolicited email to job seekers registered with the Website. The Website may only be used by Advertisers to communicate with job-seekers about a specific or potential job vacancy that matches the profile that the job seeker has posted to the Website.

2. Payment

a) The Advertiser agrees to pay for the services it uses in accordance with the fees published by LGOL on this Website or that are otherwise approved and agreed in writing by the LGOL Board and the Advertiser as the case may be ('Fees'). LGOL reserves the right to change its Fees published on this Website by giving written notice. Notice may be given by publishing the new Fees on this Website. The new Fees will apply from the date of notice.

b) The Fees shall be in New Zealand dollars and exclude GST.

c) Payment of Fees plus GST are due within 21 days from the issue of an invoice to the Advertiser by the Website unless prior payment arrangements have been approved in writing by LGOL.

d) LGOL may in its absolute discretion and without notice withdraw services to the Advertiser if payment is not received in accordance with these terms and conditions.

e) LGOL may charge the Advertiser interest on overdue payments together with debt collection costs on any amount due and not paid in accordance with these terms and conditions. Interest will be calculated at LGOL's overdraft rate plus 6% and will be payable on the amount outstanding from the due date until full payment is received. All payments must be made in full without deduction, set off or counterclaim.

3. Liabilities and Indemnity

a) The Advertiser agrees that in respect of the exchange of data and information between the Advertiser and the job seeker, SOLGM's and LGOL's sole responsibility is as facilitator of that information. SOLGM and LGOL disclaim all liability for any losses, damages, costs sustained as a result of the Advertiser using or relying on data or information that a job seeker has posted to this Website including where the Advertiser has employed or engaged any person sourced through the Website.

b) SOLGM and LGOL will not be liable to the Advertiser for:

(i) the failure of the services due to the incompatibility with any equipment or software used by the Advertiser in conjunction with this Website;

(ii) the loss of any data or information suffered by the Advertiser while accessing or using the Website; and

(iii) for any interruption to the services where the fault is caused by an event beyond SOLGM's and LGOL's reasonable control.

c) The total liability of SOLGM and LGOL for any breach of these terms and conditions or its ability to provide the service(s) will be limited to the actual Fees paid or payable for the relevant service(s) that SOLGM and LGOL have not been able to provide to the Advertiser due to the breach or inability to provide the service(s).

d) The Advertiser agrees to indemnify SOLGM and LGOL and its employees and agents at all times against any losses, damages, or costs suffered or incurred by SOLGM and LGOL as a direct or indirect result of the Advertiser's use of the services provided by SOLGM and LGOL or a breach of these terms and conditions.

4. General

a) SOLGM and LGOL may vary these terms and condition from time to time by giving Advertisers written notice. Notice may be given by placing the varied terms and conditions on this Website and the varied terms and conditions will be deemed to be binding from the seventh day after the varied terms and conditions are first posted on the Website.

b) These terms and conditions are governed by the laws of New Zealand and the Advertisers agree to submit to the exclusive jurisdiction of the courts of New Zealand