Terms of Use

Terms Of Use

Matching People To Jobs They Love

We are a collaborative people marketplace that improves new hire retention & engagement by using ethos & skills matching with machine learning to match workplaces with jobseekers who love their jobs.

These Terms of Use are intended to explain our obligations as a service provider and Your obligations as a customer. Please read them carefully.

These Terms are binding on any use of the Service and apply to You from the time that coHired provides You with access to the Service.

The coHired Service will evolve over time based on user feedback. These Terms are not intended to answer every question or address every issue raised by the use of the coHired Service. CoHired reserves the right to change these terms at any time, effective upon the posting of modified terms and coHired will make every effort to communicate these changes to You via email or notification via the Website. It is likely the terms of use will change over time. It is Your obligation to ensure that You have read, understood and agree to the most recent terms available on the Website.

By registering to use the Service you acknowledge that You have read and understood these Terms and have the authority to act on behalf of any person for whom You are using the Service.

You are deemed to have agreed to these Terms on behalf of any entity for whom you use the Service.

  1. Definitions

“Agreement”

means these Terms of Use.

“Applicant”

means any jobseeker, applicant or candidate that applies for, is put forward by coHired or expresses an interest in working for the Subscriber.

“Confidential Information”

includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.

“Data”

means any data inputted by You or with Your authority into the Website.

“Fee Schedule”

means the information relating to subscriptions and billing set out on the coHired subscriptions and billing pages on the Website, or any other page(s) on the Website notified by coHired, which may be updated or amended by coHired from time to time.

“Intellectual Property Right”

means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.

“Service”

means the online recruitment and selection services made available (as may be changed or updated from time to time by coHired) via the Website.

“Service Fee”

means the fee (excluding any taxes and duties) payable by You in accordance with the Fee Schedule.

“Website”

means the Internet site at the domain www.coHired.com or any other site operated by coHired.

“CoHired”

means coHired Limited and all current and future global subsidiaries of coHired Limited.

“Invited User”

means any person or entity, other than the Subscriber, that uses the Service with the authorisation of the Subscriber from time to time.

“Subscriber”

means the person who registers to use the Service, and, where the context permits, includes any entity on whose behalf that person registers to use the Service.

“You”

means the Subscriber, and where the context permits, an Invited User. “Your” has a corresponding meaning.

  1. Supply of Service
    • Access

CoHired grants You the right to access and use the Service via the Website. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement. You acknowledge and agree that, subject to any applicable written agreement between the Subscriber and the Invited Users, or any other applicable laws:

  • The Subscriber determines who is an Invited User and what level of user role access to the relevant organization and Service that Invited User has;
  • the Subscriber is responsible for all Invited Users’ use of the Service;
  • Subscriber controls each Invited User’s level of access to the relevant organization and Service at all times and can revoke or change an Invited User’s access, or level of access, at any time and for any reason, in which case that person or entity will cease to be an Invited User or shall have that different level of access, as the case may be;
  • if there is any dispute between a Subscriber and an Invited User regarding access to any organization or Service, the Subscriber shall decide what access or level of access to the relevant Data or Service that Invited User shall have, if any.
  • Non-exclusive

CoHired’s provision of the Services to You is non-exclusive. Nothing in the Agreement prevents coHired from providing the Services to any other person.

  • Care in Selection

All care is taken in presenting accurate information to you, however, coHired do not accept any liability for the accuracy or completeness of the information provided by an Applicant, any third party or you.

  1. Your Obligations
    • Payment obligations. An invoice for the Service Fee will be issued each month in accordance with the details set out in the Fee Schedule. CoHired will continue invoicing You in accordance with the Fee Schedule until this Agreement is terminated in accordance with clause 8. All coHired invoices will be sent to You, or to a Billing Contact whose details are provided by You, by email. Payment of all amounts specified in an invoice must be paid in accordance with the Fee Schedule.
    • General obligations. You must only use the Service and Website for Your own lawful internal business purposes, in accordance with these Terms and any notice sent by coHired or condition posted on the Website (including complying with the Unsolicited Electronic Messaging Act 2007). You may use the Service and Website on behalf of others or in order to provide services to others but if You do so you must ensure that You are authorized to do so and that all persons for whom or to whom services are provided comply with and accept all terms of this Agreement that apply to You.
    • Access conditions. You must ensure that all usernames and passwords required to access the Service are kept secure and confidential. You must immediately notify coHired of any unauthorized use of Your passwords or any other breach of security and coHired will reset Your password and You must take all other actions that coHired reasonably deems necessary to maintain or enhance the security of coHired’s computing systems and networks and Your access to the Services. As a condition of these Terms, when accessing and using the Services, You must:
      • not attempt to undermine the security or integrity of coHired’s computing systems or networks or, where the Services are hosted by a third party, that third party’s computing systems and networks;
      • not use, or misuse, the Services in any way which may impair the functionality of the Services or Website, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Website;
      • not attempt to gain unauthorized access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted;
      • not transmit, or input into the Website, any: files that may damage any other person’s computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use); and
      • not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website except as is strictly necessary to use either of them for normal operation.
    • You indemnify coHired against any liability, claim, proceeding, cost, expense (including the actual legal fees charged by coHired’s solicitors) and loss of any kind arising from any actual or alleged claim by a third party that any Data infringes the rights of that third party (including Intellectual Property Rights and privacy rights) or that the Data is Objectionable, incorrect or misleading.
  2. Confidentiality and Privacy
    • The terms of the Agreement and any information that is not public knowledge and that is obtained from the other party in the course of, or in connection with, the Agreement. Intellectual Property owned by coHired (or its licensors), including the coHired Software, is coHired’s Confidential Information. The Data is the Subscribers Confidential Information. Unless the relevant party has the prior written consent of the other or unless required to do so by law:
      • All Applicant information is the Confidential Information of coHired. Applicant details may not be shared with any third party or used in any way except for the Jobs for which they have been put forward, applied or expressed an interest in. Any applicant that has applied directly to you, becomes shared Confidential Information between both parties.
      • Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms.
      • Each party’s obligations under this clause will survive termination of these Terms.
      • The provisions of clauses 4.1.2 and 4.1.3 shall not apply to any information which:
        • is or becomes public knowledge other than by a breach of this clause;
        • is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
        • is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
        • is independently developed without access to the Confidential Information.
      • CoHired maintains a privacy policy that sets out the parties’ obligations in respect of personal information. You should read that policy at cohired.com/Privacy and You will be taken to have accepted that policy when You accept these Terms.

 

  1. Intellectual Property
    • Title to, and all Intellectual Property Rights in the Services, the Website and any documentation relating to the Services remain the property of coHired (or its licensors).
    • Ownership of Data. Title to, and all Intellectual Property Rights in, the Data you enter remains Your property. However, Your access to the Data is contingent on full payment of the coHired Service Fee when due. You grant coHired a licence to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Services and for any other purpose related to the provision of services to You.
    • Backup of Data. You must maintain copies of all Data inputted into the Service. CoHired adheres to its best practice policies and procedures to prevent data loss, including a daily system data backup regime but does not make any guarantees that there will be no loss of Data. CoHired expressly excludes liability for any loss of Data no matter how caused.
    • Third-party applications and your Data. If You enable third-party applications for use in conjunction with the Services, You acknowledge that coHired may allow the providers of those third-party applications to access Your Data as required for the interoperation of such third-party applications with the Services. CoHired shall not be responsible for any disclosure, modification or deletion of Your Data resulting from any such access by third-party application providers.

 

  1. Warranties and Acknowledgements
    • You warrant that where You have registered to use the Service on behalf of another person, You have the authority to agree to these Terms on behalf of that person and agree that by registering to use the Service You bind the person on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of these Terms, without limiting Your own personal obligations under these Terms.
    • You acknowledge that:
      • You are authorized to use the Services and the Website and to access the information and Data that You input into the Website, including any information or Data input into the Website by any person you have authorized to use the Service. You are also authorized to access the processed information and Data that is made available to You through Your use of the Website and the Services (whether that information and Data is Your own or that of anyone else). You are also authorized to create make employment and/or contract offers to Applicants.
      • CoHired has no responsibility to any person other than You and nothing in this Agreement confers, or purports to confer, a benefit on any person other than You. If You use the Services or access the Website on behalf of or for the benefit of anyone other than yourself (whether a body corporate or otherwise) you agree that:
        • You are responsible for ensuring that You have the right to do so;
        • You are responsible for authorizing any person who is given access to information or Data, and you agree that coHired has no obligation to provide any person access to such information or Data without Your authorization and may refer any requests for information to You to address; and
        • You will indemnify coHired against any claims or loss relating to:
          • CoHired’s refusal to provide any person access to Your information or Data in accordance with these Terms,
          • CoHired’s making available information or Data to any person with Your Authorization.
        • The provision of, access to, and use of, the Services is on an “as is ” basis and at Your own risk.
        • CoHired does not warrant that the use of the Service will be uninterrupted or error-free. Among other things, the operation and availability of the systems used for accessing the Service, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. CoHired is not in any way responsible for any such interference or prevention of Your access or use of the Services.
        • It is Your sole responsibility to determine that the Services meet the needs of Your business and are suitable for the purposes for which they are used.
      • No warranties. CoHired gives no warranty about the Services. Without limiting the foregoing, coHired does not warrant that the Services will meet Your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.
      • Consumer guarantees. You warrant and represent that You are acquiring the right to access and use the Services for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Services, the Website or these Terms.
  1. Limitation of Liability. To the maximum extent permitted by law, coHired excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service or Website. If You suffer loss or damage as a result of coHired’s negligence or failure to comply with these Terms, any claim by You against coHired arising from coHired’s negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Service Fees paid by You in the previous 12 months. If You are not satisfied with the Service, Your sole and exclusive remedy is to terminate these Terms in accordance with Clause 8.
  2. Termination
    • Trial policy. When You first sign up for access to the Services You can evaluate the Services under the defined trial usage conditions, with no obligation to continue to use the Services. If You choose to continue using the Services thereafter, You will be billed when You first add Your billing details into the Services, as set out in more detail in the Fee Schedule. If You choose not to continue using the Services, You may terminate your account by notifying us by email or on the website.
    • Prepaid Subscriptions. CoHired will not provide any refund for any remaining prepaid period for a prepaid Service Fee subscription.
    • No-fault termination. These Terms will continue for the period covered by the Service Fee paid or payable under clause 3.1. At the end of each billing period, these Terms will automatically continue for another period of the same duration as that period, provided You continue to pay the prescribed Service Fee in accordance with the Fee Schedule unless either party terminates these Terms by giving at least one month’s advance written notice. If You elect to terminate these Terms by providing one month’s’ advance written notice, You shall be liable to pay all relevant Service Fees up to and including the day of termination of these Terms.
    • If You:
      • breach any of these Terms and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied;
      • breach any of these Terms and the breach is not capable of being remedied (which includes (without limitation) any payment of Service Fees that are not paid in full in accordance with the requirements set out in the Fee Schedule); or
      • you or Your business become insolvent or Your business goes into liquidation or has a receiver or manager appointed of any of its assets or if You become insolvent, or make any arrangement with Your creditors, or become subject to any similar insolvency event in any jurisdiction,

CoHired may take any or all of the following actions, at its sole discretion:

  • Terminate this Agreement and Your use of the Services and the Website;
  • Suspend for any definite or indefinite period of time, Your use of the Services and the Website;
  • Suspend or terminate access to all or any Data

For the avoidance of doubt, if payment of any invoice for Service Fees due in relation to any of Your Billing Contacts, Billing Plans or any of Your Organizations (as defined at clause 3) is not made in accordance with the requirements set out in the Fee Schedule, coHired may: suspend or terminate Your use of the Service, the authority for all or any of Your Organizations to use the Service, or Your rights of access to all or any Data.

  • Accrued Rights. Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement You will:
    • remain liable for any accrued charges and amounts which become due for payment before or after termination; and
    • immediately cease to use the Services and the Website.
  • Expiry or termination. Clauses 3.1, 4, 5, 6, 7, 8 and 10 survive the expiry or termination of these Terms.
  1. Help Desk
    • Technical Problems. In the case of technical problems, You must make all reasonable efforts to investigate and diagnose problems before contacting coHired. If You still need technical help, please check the support provided online by coHired on the Website or failing that email us at support@cohired.com.
    • Service availability. Whilst coHired intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services or Website may be unavailable to permit maintenance or other development activity to take place. If for any reason coHired has to interrupt the Services for longer periods than coHired would normally expect, coHired will use reasonable endeavours to publish in advance details of such activity on the Website.
  2. General
    • Entire agreement. These Terms, together with the coHired Privacy Policy and the terms of any other notices or instructions given to You under these Terms of Use, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between You and coHired relating to the Services and the other matters dealt with in these Terms.
    • If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
    • Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.
    • No Assignment. You may not assign or transfer any rights to any other person without coHired’s prior written consent.
    • Governing law and jurisdiction. The Agreement is governed by and must be interpreted in accordance with, the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with the Agreement.
    • If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.
    • Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to coHired must be sent to support@cohired.com or to any other email address notified by email to You by coHired. Notices to You will be sent to the email address which You provided when setting up Your access to the Service.
    • Rights of Third Parties. A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.