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1.1. The owner and licensor of the BeeFound service is BeeFound Limited, located at 36 Hill Park Grove, Edinburgh, EH4 7AP Company No. SC430087. BeeFound Limited owns all legal right, title and interest in BeeFound service, including any intellectual property rights which subsist in the service (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
1.2. Pegasus Health (Charitable) Limited, and its associates or affiliates, holds the rights to operate the BeeFound service in New Zealand (the “Service”) and is referred to as “BeeFoundNZ” in these terms and conditions.
1.3. Your use of the Service is governed by this agreement (the "Terms") and the terms of a current subscription agreement that may either be directly with you or with a third party e.g. your PHO, on your behalf.
1.4. In order to use the Service, you must first agree to the Terms. You can agree to the Terms by actually using the Service. You understand and agree that BeeFoundNZ will treat your use of the Service as acceptance of the Terms from that point onwards.
2.1. You must provide accurate and complete registration information any time you register to use the Service. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify BeeFoundNZ immediately.
2.2. Your use of the Service must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software.
2.3. You agree not to (a) access (or attempt to access) the administrative interface of the Service by any means other than through the interface that is provided by BeeFoundNZ in connection with the Service, unless you have been specifically allowed to do so in a separate agreement with BeeFoundNZ, or (b) engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service).
2.4. BeeFoundNZ does not endorse or recommend any of the employers or locum candidates presented on the Service and strongly recommends that prior to entering into any agreement with an employer or locum candidate that you obtain your own legal, financial or accounting advice. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of the services and other information provided through the Service.
3.1. BeeFoundNZ agrees that it will protect the privacy and legal rights of the users of the Service. Our privacy policy can be found at https://www.beefound.co.nz
3.2. We will use your Personal information for the following purposes:
4.1. BeeFoundNZ reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from the Service. You agree to immediately take down any Content that violates the Acceptable Use Policies, including pursuant to a take down request from BeeFoundNZ. In the event that you elect not to comply with a request from BeeFoundNZ to take down certain content, BeeFoundNZ reserves the right to disable the Application.
4.2. You agree that you are solely responsible for (and that BeeFoundNZ has no responsibility to you or to any third party for) the content that you create, transmit or display while using the Service and for the consequences of your actions (including any loss or damage which BeeFoundNZ may suffer) by doing so.
4.3. You agree that BeeFoundNZ has no responsibility or liability for the deletion or failure to store any content and other communications maintained or transmitted through use of the Service.
5.1. Unless you have agreed otherwise in writing with BeeFoundNZ, nothing in the Terms gives you a right to use any BeeFoundNZ trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
5.2. Except as provided in Section 8, BeeFoundNZ acknowledges and agrees that it obtains no right, title or interest from you under these Terms in or to any content that you create, submit, post, transmit or display on, or through, the Service, including any intellectual property rights which subsist in that content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with BeeFoundNZ, you agree that you are responsible for protecting and enforcing those rights and that BeeFoundNZ has no obligation to do so on your behalf.
6.1. BeeFoundNZ gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by BeeFoundNZ as part of the Service as provided to you by BeeFoundNZ (referred to as the "BeeFoundNZ Software" below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by BeeFoundNZ, in the manner permitted by the Terms.
6.2. You may not (and you may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the BeeFoundNZ Software or any part thereof, unless this is expressly permitted or required by law
7.1. BeeFoundNZ claims no ownership or control over any content. You retain copyright and any other rights you already hold in the content, and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying the content on or through the Service you give BeeFoundNZ a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such content for the sole purpose of enabling BeeFoundNZ to provide you with the Service in accordance with its privacy policy.
7.2. You agree that BeeFoundNZ, in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website) for the purpose of advertising or publicizing your use of the Service.
8.1. The Software which you use may automatically download and install updates from time to time from BeeFoundNZ. These updates are designed to improve, enhance and further develop the Service and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit BeeFoundNZ to deliver these to you) as part of your use of the Service.
9.1. You may discontinue your use of the Service at any time.
9.2. BeeFoundNZ may, at any time, terminate your use of the Service if (a) you have breached any provision of the Terms (or have acted in manner that clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or (b) the subscription agreement for the Service, whether payable by you or a third party expires or is terminated or (c) BeeFoundNZ is required to do so by law (for example, due to a change to the law governing the provision of the Service); or (d) the Service relies on data or services provided by a third party partner and the relationship with such partner (i) has expired or been terminated or (ii) requires BeeFoundNZ to change the way BeeFoundNZ provides the data or services through the Service; or (e) providing the Service could create a substantial economic burden as determined by BeeFoundNZ in its reasonable good faith judgment; or (f) providing the Service could create a security risk or material technical burden as determined by BeeFoundNZ in its reasonable good faith judgment.
9.3. Upon any termination of the Service under Sections 4 or 9 , these Terms will also terminate, but Sections 5.1, 10, 11, 12, and 15 shall continue to be effective after these Terms are terminated.
10.1. Nothing in these terms, including sections 11 and 12, shall exclude or limit BeeFoundNZ's warranty or liability for losses which may not be lawfully excluded or limited by applicable law.
10.2. You expressly understand and agree that your use of the service is at your sole risk and that the service is provided "as is" and "as available."
10.3. BeeFoundNZ, its subsidiaries and affiliates, and its licensors make no express warranties and disclaim all implied warranties regarding the service including implied warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the generality of the foregoing, BeeFoundNZ, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that: (a) your use of the service will meet your requirements, (b) your use of the service will be uninterrupted, timely, secure or free from error, and (c) usage data provided through the service will be accurate.
11.1. Subject to section 11.1 above, you expressly understand and agree that BeeFoundNZ, its subsidiaries and affiliates, and its licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.
11.2. The limitations on BeeFoundNZ's liability to you in paragraph 11.1 above shall apply whether or not BeeFoundNZ has been advised of or should have been aware of the possibility of any such losses arising.
12.1. You agree to hold harmless and indemnify BeeFoundNZ, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively "BeeFoundNZ and Partners") from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Service, (c) your violation of applicable laws, rules or regulations in connection with the Service, or (d) your content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, BeeFoundNZ will provide you with written notice of such claim, suit or action.
13.1. The Services may include hyperlinks to other web sites or content or resources or email content. BeeFoundNZ may have no control over any web sites or resources which are provided by companies or persons other than BeeFoundNZ.
13.2. You acknowledge and agree that BeeFoundNZ is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
13.3. You acknowledge and agree that BeeFoundNZ is not liable for any loss or damage which may be incurred by you or users of your Application as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
14.1. BeeFoundNZ may make changes to the Terms from time to time. When these changes are made, BeeFoundNZ will make a new copy of the Terms available at https://www.beefound.co.nz
14.2. You understand and agree that if you use the Service after the date on which the Terms have changed, BeeFoundNZ will treat your use as acceptance of the updated Terms.
15.1. The Terms constitute the whole legal agreement between you and BeeFoundNZ for the use of the Service (but excluding any services which BeeFoundNZ may provide to you under a separate written agreement), and completely replace any prior agreements between you and BeeFoundNZ in relation to the Service.
15.2. There are no third party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates an agency, partnership or joint venture.
15.3. If BeeFoundNZ provides you with a translation of the English language version of these Terms, the English language version of these Terms will control if there is any conflict.
15.4. You agree that BeeFoundNZ may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.
15.5. You agree that if BeeFoundNZ does not exercise or enforce any legal right or remedy which is contained in the Terms (or which BeeFoundNZ has the benefit of under any applicable law), this will not be taken to be a formal waiver of BeeFoundNZ's rights and that those rights or remedies will still be available to BeeFoundNZ.
15.6. BeeFoundNZ shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
15.7. The Terms, and your relationship with BeeFoundNZ under the Terms, shall be governed by the laws of New Zealand without regard to its conflict of laws provisions. You and BeeFoundNZ agree to submit to the exclusive jurisdiction of the courts located within New Zealand to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that BeeFoundNZ shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.