Scout terms and conditions
1.1. These Scout terms and conditions ("Terms") are the terms and conditions on which Trade Me Limited ("Trade Me") provides job recruiters, job advertisers and employers ("Recruiters" "you" and "your") access to Trade Me's candidate search product, Scout, which is comprised of Job Profiles created by Trade Me members ("Candidates").
1.2. By accessing Scout, you acknowledge and accept these Terms, which are between you and Trade Me, and warrant that you are a Recruiter. If you do not accept these Terms, you must refrain from accessing Scout. You warrant that you have the legal capacity and authority to agree to be bound by these Terms.
1.3. Trade Me may amend these Terms from time to time, by posting updated Terms on www.trademe.co.nz or www.trademe.nz or such other relevant website operated by Trade Me (the "Website"). Your continued use of Scout represents your agreement to be bound by the Terms as amended.
2. Login and access
2.1. Trade Me may grant you and other Recruiters access to Scout, which includes Candidates' personal information and commercially sensitive information (such information being, the "Scout Data"). Access to Scout and Scout Data without a grant of access from Trade Me is strictly prohibited. If you have access through your employer and you leave that employment you will lose access to Scout.
2.2. Trade Me may permit you to assign additional users to your user account (each such user being an "Approved User"), subject to the following:
a. Approved Users must also be Recruiters (as defined by these Terms) and must be employed by you;
b. Approved Users must create and use their own login credentials for accessing Scout;
c. you must ensure that each Approved User you assign understands that by accessing Scout they accept and agree to abide by these Terms;
d. you understand and agree that you are responsible for all actions taken by any Approved User that you assign, and accordingly, that all access to and use of Scout and the Scout Data by such Approved Users will also be attributed to your user account; and
e. Trade Me may revoke the access of any Approved User, or decline to register any Approved User, at its sole discretion.
2.3. You are responsible for keeping your login information, including your email address and password, secret and secure. You agree to not permit any other person access to Scout and Scout Data using your login credentials. You are responsible for all actions taken by any person using your login credentials.
3. Recruiter's obligations
3.1. When you access Scout or the Scout Data, you warrant and agree that:
a. you are a job recruiter, job advertiser or employer;
b. notwithstanding the 'Download CV' function, you will refrain from manually or automatically copying, scraping, downloading, or otherwise replicating the Scout Data, and acknowledge that doing so would likely breach your Privacy Act obligations;
c. the Scout Data is strictly confidential, and you will only use the Scout Data during the course of performing your role as a recruiter or employer, and will only contact Candidates about existing and relevant employment positions;
d. you will refrain from spamming candidates or sending any messages prohibited by the Unsolicited Electronic Messages Act 2007;
e. when accessing, using, or disclosing the Scout Data you will fully comply with your obligations under the Privacy Act; and,
f. you will at all times use the Website, Scout or Scout Data in a manner which complies with all applicable laws of New Zealand.
3.2. Where a Candidate indicates to you that they do not wish to receive contact from you, you must refrain from further contact. All contact with Candidates must remain polite and professional.
3.3. You must take reasonable security measures to protect any Scout Data that you access, or any Candidate CV's that you download.
4. Suspension and Termination
4.1. You will only access Scout and Scout Data strictly in accordance with these Terms. Without limiting any actions which may be taken under the Trade Me terms and conditions, Trade Me may immediately suspend or terminate your Scout access (with or without notice to you) if you breach these Terms, or engage in conduct that Trade Me (acting reasonably) deems inappropriate or unacceptable or likely to damage the reputation or goodwill of Trade Me.
5.1. To the fullest extent permitted by law, Trade Me shall not be liable for any loss, damage or injury whatsoever suffered by you in respect of the subject matter of these Terms (including but not limited to any direct, indirect, consequential, incidental special, punitive or incidental loss or damages, or loss of profits, data, business or anticipated savings), regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise.
5.2. You agree that money damages are not a sufficient remedy for a breach of any privacy obligation, and that Trade Me is entitled to seek equitable relief, including injunction and specific performance as a remedy for any such breach.
5.3. Trade Me cannot and does not guarantee that any material that you view on or download from Scout or the Website will be accurate, complete or current, or free from virus or infection.
6.1. You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by Trade Me to any person arising out of or in connection with your access to Scout or Scout Data, your failure to comply with these Terms, your misuse of a Candidate's personal information, or any other breach of New Zealand law, (including, without limitation, privacy and copyright laws).
7. Other terms
7.1. These Terms apply in addition to Trade Me's general terms and conditions. Where there is any direct conflict between the Trade Me terms and conditions and these Terms, these Terms shall prevail. For the avoidance of doubt, nothing in these Terms limits Trade Me's ability to take the actions contemplated by Trade Me's general terms and conditions.