Terms And Conditions
1. APPLICATION OF TERMS
1.1 These Terms apply to your use of the Website. By accessing and using the Website:
- you agree to these Terms; and
- where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
1.2 If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.
2. CHANGES
2.1 We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.
2.2 We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
2.3 These Terms were last updated on 27th August, 2020.
3. DEFINITIONS
In these Terms:Including and similar words do not imply any limitLoss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basisPersonal information information about an identifiable, living personTerms means these terms and conditions titled Website Terms of UseUnderlying System means any network, system, software, data or material that underlies or is connected to the WebsiteUser ID means a unique name and/or password allocated to you to allow you to access certain parts of the WebsiteWe, us or our means Trade Media LimitedWebsite means www.winejobsonline.comYou means you or, if clause 1.1.1 applies, both you and the other person on whose behalf you are acting.
4. YOUR OBLIGATIONS
4.1 You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.
4.2 If you are given a User ID, you must keep your User ID secure and:
- not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
- immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to mail@winejobsonline.com
4.3 You must:
- not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and
- unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
4.4 You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to mail@winejobsonline.com
4.5 You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.
5. INTELLECTUAL PROPERTY
We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.6. DISCLAIMERS
6.1 To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
- the Website being unavailable (in whole or in part) or performing slowly;
- any error in, or omission from, any information made available through the Website;
- any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
- any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
6.2 We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.
7. LIABILITY
7.1 To the maximum extent permitted by law:
- you access and use the Website at your own risk; and
- we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
7.2 Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD100.
7.3 To the maximum extent permitted by law and only to the extent clauses 7.1 and 7.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed NZD100.
8. PRIVACY POLICY
Trade Media Limited, trading as winejobsonline.com, (WJO) takes your privacy seriously. This Privacy Policy applies to all interactions which you have with WJO including, without limitation, the provision of services by WJO to you and your use of the WJO website.
What is personal data?
Personal data is information about an identifiable individual. Such data may include, but is not limited to, information such as your name, email address, physical address, telephone number, current role and place of employment.
How does WJO collect your personal data?
WJO may collect your personal data when you interact with us, such as when you contact us to request the provision of, or information in respect of, WJO’s services or when you use WJO’s website.
More specifically, personal data may be collected from clients who advertise positions on our website and from job seekers who apply for positions through our website.
Your personal data may be collected by WJO through our website, directly in person, in writing (including by email or written form), by telephone and audio-visual conferences, or via any other medium, or from third parties where you have consented to the third parties providing your personal data to WJO.
Personal data will only be collected by WJO as necessary to carry out the purposes in the following section.
In some circumstances WJO will collect information which does not personally identify you (Non-Identifying Information).
By providing WJO with your personal data you are consenting to WJO collecting, using, storing and disclosing your personal data on the terms set out in this Privacy Policy.
You may choose not to provide your personal data to WJO. However, this may mean that WJO is unable to provide its services to you.
How does WJO use your personal data?
You consent to WJO using your personal data for the following purposes (Purposes):
- providing you with services requested by you from WJO, including:
- where you are a client, contacting you in respect of job seekers where their personal data suggests that they may be suitable for roles advertised by you;
- where you are a job seeker, contacting you in respect of employment or contracting roles or opportunities and providing your personal data to WJO’s clients in relation to such roles where you have expressed an interest or where your personal data suggests that such roles may be of interest to you;
- contacting you to send you information about WJO’s services (including important notices relating to changes or improvements to WJO’s services), promotional activities, market or satisfaction surveys;
- assisting you with information where you have queries or issues in respect of WJO’s services;
- sharing your personal data with the following third party partners to enable us to provide you with WJO’s services:
- job seekers on the WJO website where you are a client on the WJO website;
- clients on the WJO website where you are a job seeker on the WJO website;
- Mailchimp, WJO’s email and marketing service, to enable us to keep in touch with you about important developments, changes and news regarding WJO’s services;
- governmental and regulatory agencies to ensure WJO’s compliance with all laws, industry standards and policies.
Non-identifying information may be collected to assist WJO to understand how our clients and job seekers use WJO’s services and website. Non-identifying information may be collected, used, stored and disclosed at WJO’s discretion.
You consent to WJO contacting you in respect of the Purposes. This consent includes contact by electronic message pursuant to the Unsolicited Electronic Messages Act 2007 (New Zealand), the Spam Act 2003 (Australia), General Data Protection Regulation 2016/679 (GDPR) (European Union) or any equivalent legislation in any other relevant jurisdiction.
If you wish to opt out of our emails or marketing or withdraw your consent at any stage please click on the following link: [insert link to unsubscribe page]
When does WJO disclose your personal data?
WJO may share your personal data with WJO's third party partners (including clients and job seekers, as relevant) to the extent required for WJO to be able to provide to you the services and information which you require from WJO, and in respect of the Purposes. While WJO will take all reasonable commercial precautions, WJO will not be responsible for how third parties use your personal data. WJO may also disclose your personal data to law enforcement or other government agencies where this is required to comply with applicable laws or respond to valid legal procedures.
How can you access, update, correct and control your personal data?
You have a responsibility to ensure that your personal data held by WJO is correct.
To the extent required by law, you have the right to:
- access the personal data which WJO holds about you;
- request that your personal data is updated, rectified or corrected by WJO;
- request that WJO stops using your personal data;
- request that WJO stops restricts processing of your personal data;
- object to WJO processing your personal data;
- request that WJO deletes your personal data;
- request that WJO transfers the data that WJO have collected to another organisation or directly to you.
You can withdraw your consent relating to personal data which you have given to WJO at any time. However, this will not affect any actions which WJO has taken in respect of your personal data prior to your consent being withdrawn. In some cases, WJO may be required by law to continue using or continue to hold your personal data to a limited extent to meet its legal obligations.
Please contact info@winejobsonline.com if you have queries regarding the above.
How is my personal data kept?
WJO will use all reasonable commercial measures to keep your personal data safe from unauthorised access, disclosure, use, modification, damage or loss. WJO is committed to protecting your personal data but it should be noted that no security measure is perfect and WJO gives no warranties to you in this regard.
Your personal data will not be kept for any longer than is necessary for the Purposes set out in this Privacy Policy unless WJO is permitted or required to keep your personal data for a longer period by law.
Links to external websites
The WJO website may include references or links to other websites owned and/or controlled by third parties. WJO does not control or endorse these websites and is not responsible for their content or activity, including the way in which these websites and/or third parties deal with your personal data. Your use of such links to access external websites is your responsibility and is at your own risk.
Cookies and Similar Technologies
WJO may use and collect data through cookies (including persistent cookies) and other similar technology (such as web beacons) on the WJO website. You can opt out of WJO’s use of cookies.
International transfers of your personal data
As WJO is a company which operates internationally your personal data may be collected, used and stored in overseas jurisdictions where WJO, its clients, job seekers, service providers or partners have a presence. These jurisdictions may be subject to different data protection laws. WJO will ensure that it takes all reasonable commercial measures required to ensure that your personal data is handled in accordance with this Privacy Policy and any applicable laws in the relevant jurisdiction. In particular, WJO will only make international transfers of your personal data where WJO reasonably believes that the receiving party is:
- carrying on business in New Zealand and is subject to the Privacy Act 2020 (Act);
- subject to privacy laws that overall, provide comparable safeguards to those in the Act;
- is required to protect the information in a way that, overall, provides comparable safeguards to those in the Act (for example, by agreement between the agencies); or
- is subject to the privacy laws of a country, province or State, or is a participant in a binding scheme for international disclosures of personal information that has been prescribed in regulations by the New Zealand Government as providing comparable safeguards to the Act.
