1. Introduction. Please read this carefully.
It includes the Terms and Conditions governing your get entry to and use of the GRATIS SOLUTIONS Website and the Services (as every are defined underneath). If you do not accept these Terms and Conditions or you do not meet, you may not use the GRATIS SOLUTIONS Website or Services. These Terms and Conditions are effective as of 23rd December 2019.
2. Binding Agreement.
These Terms and Conditions (as they will be amended occasionally by means of GRATIS SOLUTIONS), Your access to or use of the GRATIS SOLUTIONS Website or Services shows your acceptance of these Terms and Conditions. You are agreeing to use the Site at your personal chance.
3. Certain Definitions. The following definitions apply to this Agreement:
3.1 "Content" means GRATIS's web pages, web forms, programming (including software code used on the Site and in the Services, including (i) tools, kits, and object libraries, (ii) all third-party or open-source code embedded therein, and (iii) any upgrades, updates, releases, fixes, enhancements or modifications to the foregoing), graphics, images, design (color combinations and page layout), text, information, data, resumes stored in various commercial databases operated and licensed by GRATIS SOLUTIONS (including, among others, its "Resume Database", data submitted via the Site by Users and other content made available through the Site by GRATIS SOLUTIONS.
3.2 "Services" means any services provided by GRATIS SOLUTIONS or its recruiters.
3.3 "User" refers to any individual or entity that uses any aspect of the Site.
3.4 "You" means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.
4. Intellectual Property Rights and Acceptable Use of the Site and Services.
4.1 General Use Rules. The Site is meant for individuals seeking employment and for employers or recruiters seeking candidates for employment. You may additionally use the Site best for lawful purposes inside the said context of GRATIS's intended and appropriate use of the Site. GRATIS SOLUTIONS is the only interpreter of the Site's meant and acceptable use.
4.2 GRATIS SOLUTIONS Intellectual Property Rights. The Site, the GRATIS SOLUTIONS Materials and all right, title and interest in and to the Site and GRATIS SOLUTIONS Materials are the sole property of GRATIS SOLUTIONS or its licensors and are protected by New Zealand and foreign copyright, trademark and other laws. Except for the limited licenses expressly granted to you in these Terms and Conditions, GRATIS SOLUTIONS reserves for itself and its licensors all other rights, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content or GRATIS SOLUTIONS Materials, or use them in any other way for public or commercial purposes. Notwithstanding anything to the contrary contained herein, this prohibition includes: (a) copying or adapting the HTML code used to generate web pages on the Site; (b) using or attempting to use engines, manual or automated software, tools, devices, agents, scripts, robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, "scrape," "crawl," or "spider" any web pages or any Services provided on the Site other than the search engine and search agents available from GRATIS SOLUTIONS on such GRATIS SOLUTIONS Site and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); and (c) aggregating, copying or duplicating in any manner any of the Content or information available from any of the GRATIS SOLUTIONS Site, without the express written consent of GRATIS SOLUTIONS. The use of the Content on any other web site or in a networked computer environment for any purpose is strictly prohibited. The GRATIS SOLUTIONS Materials are not considered to work for hire and you may duplicate such GRATIS SOLUTIONS Materials only for the purposes outlined in the Service Activation Agreement. "GRATIS SOLUTIONS," "Personified", the GRATIS SOLUTIONS design logo and certain other names or logos are service marks or trademarks of GRATIS SOLUTIONS, and all related product and service names, design marks and slogans are the service marks or trademarks of GRATIS SOLUTIONS. In addition, the "look" and "feel" of the Site (including color combinations, button shapes, layout, design, and all other graphical elements) are also protected by GRATIS SOLUTIONS's trademarks, service marks, and copyrights. Any code that GRATIS SOLUTIONS creates to generate or display the Content or the pages making up the Site is also protected by GRATIS SOLUTIONS's copyright. You must retain all copyright, trademark, service mark and other proprietary notices contained on the Content or GRATIS SOLUTIONS Materials on any authorized copy you make of the Content or GRATIS SOLUTIONS Materials. All other product and service marks contained on the Site are the trademarks of their respective owners.
4.3 License to Use by Users who are Job Seekers. GRATIS SOLUTIONS hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your personal use seeking employment opportunities for yourself. This authorizes you to view and download a single copy of the material on the Site solely for your personal, noncommercial use. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. Your use of the Site is a privilege. GRATIS SOLUTIONS reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.
4.4 License to Use by Users who are Employers. GRATIS SOLUTIONS hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your internal business use seeking candidates for employment. This authorizes you to view and download a single copy of the material on the Site solely for your personal use directly related to searching for and recruiting job prospects. GRATIS SOLUTIONS also grants you a limited, terminable, non-exclusive license to use the GRATIS SOLUTIONS Materials and Services for your internal use only. You may not sell, transfer or assign any of the Services or your rights to any of the Services provided by GRATIS SOLUTIONS to any third party without the express written authorization of GRATIS SOLUTIONS. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. GRATIS SOLUTIONS reserves the right to suspend or terminate your access and use at any time if GRATIS SOLUTIONS determines that you are in breach of these Terms and Conditions.
4.5 Employer Materials. Employer represents, warrants and covenants that any Employer Materials provided by Employer for use in connection with the Services will not violate any laws or regulations or third-party proprietary rights, including, without limitation, copyright, trademark, obscenity, rights of publicity or privacy, and defamation laws. Employer hereby grants GRATIS SOLUTIONS a non-exclusive, worldwide, royalty-free license to use the Employer's Materials and to hyperlink to the Employer's website in connection with the Services.
4.6 Use of Aggregate Data. You understand and agree that GRATIS SOLUTIONS owns and has the right to collect, extract, compile, synthesize, and analyze Aggregate Data. GRATIS SOLUTIONS may use such Aggregate Data for any lawful business purpose without a duty of accounting to you, provided that the data and information is used only in an aggregated and anonymized form so that it cannot be identifiable as relating to you, your Company or to any other Job Seekers. "Aggregate Data" means de-identified aggregated data or information regarding Job Seekers' educational or career history (including, by way of example and not limitation, aggregate data relating to Job Seekers' occupation, location, salary, education, and experience).
4.7 Other Specific Rules Regarding Site Usage. You represent, warrant and agree that you (a) are at least 13 years of age or older, and if under the age of 18 or the age of majority as that is defined in your jurisdiction, you will only use the Site and Services under the supervision of a parent, legal guardian, or other responsible adults; and (b) will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Site complies with these Terms and Conditions and all applicable laws.
4.8 User Submissions. GRATIS SOLUTIONS welcomes your comments regarding the Services and the Site and appreciates hearing from you. Please note, however, that GRATIS SOLUTIONS does not accept or consider creative ideas, suggestions, inventions or materials other than those which it has specifically requested. If you submit feedback on the Services, please be specific in your comments and do not submit creative ideas, inventions, suggestions, or materials. If despite this notice, you send GRATIS SOLUTIONS creative suggestions, ideas, drawings, concepts, inventions, or other information (a "User Submission"), you understand and agree that the User Submission shall become the property of GRATIS SOLUTIONS. User Submission and any elements contained in User Submissions, shall not be subject to any obligation of confidentiality on GRATIS SOLUTIONS's part, and GRATIS SOLUTIONS will not be liable for any use or disclosure of any User Submission. GRATIS SOLUTIONS shall exclusively own all now known or later discovered rights to the User Submission and shall be entitled to unrestricted use of the User Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
5. Third-Party Providers.
You acknowledge and agree that GRATIS SOLUTIONS may provide the Services using third-party providers, including subcontractors and consultants (the "Third-Party Providers"). You agree that, as between GRATIS SOLUTIONS and its Third Party Providers, GRATIS SOLUTIONS will have sole responsibility for handling all billing and contract negotiations.