Interview-Ready Candidates Trial Product terms and conditions
These Terms and Conditions (the Terms) apply to your participation in the alpha trial of our new recruitment-assist product, Interview-Ready Candidates (the Trial). Unlike a standard job listing, you are paying for the delivery of Quality Applicants rather than the listing itself.
By participating in the Trial and using our Interview-Ready Candidates product, you agree to these Terms in addition to the general Trade Me Terms and Conditions and Trade Me’s privacy policy. If there is any inconsistency, these Terms will take priority.
- The Service and AI Usage
(a) You will provide a description of the Role, and the relevant skills and responsibilities. Trade Me will draft your job listing and will set out the key Agreed Criteria for the Role based on the description provided by you.
(b) Your job will be promoted as a Platinum Package listing, the details of which can be found here.
Applicants will apply directly to Trade Me and Trade Me will manage candidate engagement, until we deliver the Quality Applicants to you.
(c) We will use a combination of Trade Me expertise and Artificial Intelligence (AI) to provide the services including to identify, filter, contact and screen candidates (including for example identifying and contacting candidates who have not yet applied for the Role, to invite them to apply).
(d) Trade Me is not required to present all applicants to you. We will only present those we consider to be a good fit for the Role.
2. Your Obligations and Responsiveness
(a) You must remain engaged and responsive throughout the process, for example via phone and email.
(b) Market salary: In order to use the Interview-Ready Candidates product, you must offer to pay at least market salary for the relevant Role (being the market rate expected for roles similar or comparable to the Role, having regard to industry accepted salary guides and standards and Trade Me’s own salary guide information).
(c) Listing and Criteria Approval: Once we provide you with the draft job listing and Agreed Criteria, you have 48 hours to review and approve them. If we do not hear from you within 48 hours, the Agreed Criteria and the listing will be deemed accepted and we will publish the listing. You remain responsible for the content of the listing, so we encourage you to review and provide feedback.
(d) Applicant Review: When we present a potential Quality Applicant, including an applicant who does not necessarily meet the Agreed Criteria but who we reasonably consider would be a good fit for the Role, we may initially provide their details without their name or contact information. If you request the applicant’s contact details, or if you fail to respond to an applicant presentation within 48 hours, that applicant will be deemed "accepted"as a Quality Applicant.
(e) Contacting Applicants: It is important that Quality Applicants are treated fairly and with respect. You agree that you will contact all Quality Applicants within 3 working days of them being delivered to you, whether or not their application is going to proceed further (i.e. you must let them know they have been unsuccessful, so they are not simply ‘ghosted’).
3. Quality Applicants and Delivery:
A Quality Applicant is defined as a candidate who has formally submitted an application for the Role, and who:
(a) Meets the Agreed Criteria; and / or
(b) Has been accepted by you (or deemed accepted) in accordance with clause 2(c).
Trade Me will provide at least four (4) Quality Applicants within 30 days of the job listing being published, by sending the applications to you in writing.
You can request to extend the 30-day window, in which case we will consult with you and potentially agree to an extension.
4. Fees:
You agree to pay us the fee for the service:
(a) Upon the delivery of four Quality Applicants within 30 days of the job listing being posted;
(b) If you fill the Role during the 30-day window by any means (whether with an applicant we present to you or not); or
(c) If you terminate after publication of the listing but before the expiry of the 30 day window.
If we are unable to provide at least four Quality Applicants within the 30-day window, and you have not otherwise filled the Role, you will not be charged the fee.
5. Not Recruitment
For the avoidance of any doubt, the Interview-Ready Candidates product is not a full recruitment service. We will not perform any background checks nor will we perform any recruitment due diligence on candidates such as vetting their right to work in NZ. While we aim to provide high-quality candidates, Trade Me does not guarantee that you will fill the Role, that any applicant will be successfully hired or remain in your employment. We will not perform pre-interviews and we do not make any warranties or guarantees on behalf of the Quality Applicants.
6. Trial - Disclaimer and Feedback
You acknowledge that the Interview-Ready Candidates product is in a trial stage only. This means the product, process, and technology are still in development and may not be perfect. The service is provided on an "as is" basis.
The Trial is only available to a limited number of participants who meet our specific criteria. We reserve the right to display the listing option at our absolute discretion, and to decline your participation in the Trial.
Your feedback is essential to us. As a condition of participating in this Trial, you agree to provide feedback on your experience when reasonably requested by the Trade Me team.
7. Invoicing
We’ll invoice you at the end of the month in which we deliver the fourth Quality Applicant and payment is due and payable on the 20th of the month following the invoice date. If you wish to dispute an invoice you must do so, in writing, within 10 working days of the invoice date. We will consider any issues raised and act in good faith to reach a resolution with you. You will pay any undisputed amount on the due date for payment.
8. Late Payment
If payment is not received by the due date, or you’re otherwise in debt to us under these terms or any other agreement, we may take action that we consider appropriate. For example, we may:
(a) suspend or terminate your access to our services;
(b) charge interest on outstanding amounts not paid by the due date at a rate that is 2 percentage points greater than our bank's unarranged overdraft interest rate, starting from the due date of the unpaid invoice;
(c) set-off any amount you owe us against any amount that may be due from us to you (under any agreement); or
(d) pass your account onto a debt collection agency. You agree that any costs incurred in the collection process, including legal fees, can be on-charged to your account.
9. Disclaimer of warranties
(a) All warranties, guarantees and representations whether express or implied by law, trade, custom or otherwise are excluded to the extent permitted by law.
(b) You agree the service we provide you under this Agreement is not a service of a kind ordinarily acquired for personal, domestic or household use or consumption, and that you are purchasing the service for the purposes of a business. You understand and agree that the Consumer Guarantees Act 1993 and sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 do not apply to the Guaranteed Candidate product or these terms, and that this provision is fair and reasonable.
(c) Our liability for breach of any non-excludable guarantee is limited, at our option, to providing the relevant service again or refunding the relevant proportion of fees actually paid by you (unless the non-excludable guarantee says otherwise).
10. Liability and Indemnity
(a) Liability: Our maximum aggregate liability in connection with Interview-Ready Candidates, whether in contract, tort (including negligence) or otherwise, will be the total of payments actually made to Trade Me by you for the product. Neither of us will be liable to the other under this Agreement for any incidental, indirect, special or consequential loss; or any loss of opportunity, revenue, profits, data or anticipated savings. In addition, under no circumstances will we be liable for any third party costs, loss or damages; or any costs, loss or damages based on a third party claim.
(b) Indemnity: You confirm that you either own or have permission to use all of the content and information that you provide to us, including information that we then make available via our platform on your behalf, and that you (and Trade Me) will not infringe the rights of any third party by making that content available. You agree to indemnify Trade Me from any liability whatsoever relating to your use of our services (except to the extent we are at fault).
11. Termination
(a) Either party may withdraw from the Trial at any time prior to the publication of the job listing, by giving notice in writing to the other party.
(b) In addition, Trade Me may terminate the Trial or your participation in it at any time by giving notice in writing to you. By way of example and without limitation, we may decline or terminate your participation in the Trial if we believe your criteria for the Role are unrealistic, your salary expectation is unrealistic or ‘below market’ or if there is a lack of engagement as required in clause 2.
(c) We may also terminate this Agreement with immediate effect if you fail to pay any amount to us by the due date for payment, and either party may terminate this Agreement with immediate effect, if:
(i) the other party breaches this Agreement and fails to remedy that breach within 10 days of receiving notice of the breach;
(ii) the other party breaches this Agreement and the breach cannot be remedied; or
(iii) the other party becomes insolvent, goes into liquidation or has a receiver or manager appointed over any of its assets, makes any arrangement with its creditors, becomes subject to any similar insolvency event in any jurisdiction or is otherwise unable to pay its debts as they fall due.
12. Credit information
You agree that Trade Me may conduct a credit check on you, and may collect and hold information about you, which may be passed on to a credit reporting agency for the purpose of conducting a credit check.
13. Emails, etc
We may send you regular notifications, newsletters, SMS messages, WhatsApp messages and emails in relation to the Trial and the Role and otherwise promoting and marketing our products and services and Trade Me Jobs to you (“Messages”). Depending on the type of Message (e.g. some Messages about your account may be excluded), our Messages will generally have an “unsubscribe” option to allow you to stop receiving similar Messages.
14. Changes
We may update our products and services (including our Interview-Ready Candidates product or our Platinum Listing product) from time to time, and we’ll generally update our package and product pages on our website. We may also update these terms from time to time, by posting updated terms on our website.