By accessing and using:

1. https://cardinal.elmotalent.co.nz/careers/workwithus/jobs (Website); and
2. the recruitment portal available at the Website (Recruitment Portal),

all users (Users) agree to be legally bound by these terms of use (Terms). 

Each User acknowledges and agrees that, where it has agreed to these Terms via the Website (via a clickbox or clickwrap or other method of indicating its agreement via the Website):

1. such method of acceptance is fully effective accepted and agreed by the User, including for the purposes of Part 4 of the Contract and Commercial Law Act 2017; and
2. it has read and understood these Terms and has had a full opportunity to review, consider and receive advice including legal advice on these Terms prior to agreeing to and accepting them.

Any User that does not agree to these Terms is not authorised to access and use the Website and Recruitment Portal and must immediately cease doing so.

1. Users may only use the Website and Recruitment Portal strictly in accordance with these Terms.  All rights not expressly granted to Users in these Terms are expressly reserved by Cardinal Logistics Limited (company number 549942) (Company).
2. The Recruitment Portal is a recruitment tool and is only to be used for purposes connected with the User attempting to gain employment or express their interest in future employment with the Company.
3. Any offer of employment will be subject to the User obtaining all necessary clearances, licenses and permits required for their position, and being legally entitled to work in New Zealand.
4. By registering to use the Website and/or the Recruitment Portal, all Users agree to:
   1. do so for genuine recruitment purposes.
   2. provide true, accurate, current, and complete information about themselves as prompted by the Website or Recruitment Portal (as applicable) (User Information); and
   3. promptly notify the Company, via the Recruitment Portal, of any changes to their User Information to ensure that it remains true, accurate, current and complete.
5. Where a User becomes employed with the Company and the Company learns that that User provided incorrect, misleading or incomplete information in the recruitment process (via the Recruitment Portal, Website or by other means), that User’s employment with the Company may be terminated for misconduct.

If a User wishes to remove its User Information or profile from the Recruitment Portal, that User can do so by contacting the Company and requesting that the Company delete the User’s profile and personal information. 

The Company shall be entitled to cancel these Terms in respect of any User, by giving notice to that User (including via the Website and/or the Recruitment Portal), if that User breaches any of these Terms. 

Each User will be responsible and liable for all activity that occurs through its use of the Website and the Recruitment Portal.  

The Company reserves the right to remove any content posted to the Website and/or the Recruitment Portal by any User that it considers (in its sole and absolute discretion) to be offensive, objectionable or otherwise unlawful in any respect.

Users must not:

6. use the Website and/or the Recruitment Portal for any illegal purpose, or any purpose not expressly authorized in writing by the Company, or post any information or data that is in breach of any confidentiality obligation, copyright, trade mark or other intellectual property, proprietary or legal rights of any person or entity.
7. use the Website and/or the Platform for any malicious means or to abuse, harass, threaten, intimidate or impersonate any person or entity, or in a way that is contrary to any laws or regulations.

Users must not introduce (or cause the introduction of) any virus, spyware or other similar feature that in any way compromises or may compromise the Website and/or the Recruitment Portal.

Users may only access the Website and Recruitment Portal through standard means as approved by the Company, and not via methods such as scraping, data mining, the use of a robot or spider, automation or any similar method of extraction or monitoring.

Any person that accesses and uses the Website and/or the Recruitment Portal does so on their own behalf.  Users will not give out their passwords or log in details.  

All Users agree that the Company (or the third party provider of the Recruitment Portal) own all of the intellectual property rights existing the Website and the Recruitment Portal (and all improvements to the same). 

Each User hereby indemnifies, and will keep indemnified, the Company against all forms of liability, actions, proceedings, demands, costs, charges, and expenses which the Company may incur or be subject to or suffer as a result of that User's use of the Website and Recruitment Portal, including as a result the Users breach of these Terms.

The following provisions shall apply to any dispute arising under or relating to these Terms (a Dispute) between a User and the Company (together, the Disputing Parties and each a Disputing Party):

1. The Disputing Parties must use reasonable endeavors to resolve all Disputes by negotiation at first instance. 
2. If the Disputing Parties cannot resolve their Dispute by negotiations within 30 calendar days a Disputing Party may, by written notice to the other, require that the Dispute be dealt with by mediation under the following terms:
   1. 1. 1. The mediation shall be conducted in accordance with the Mediation Protocol of the Arbitrators' and Mediators' Institute of New Zealand Incorporated (AMINZ) then in force (or any protocol or mediation agreement which replaces it).
         2. The mediation shall be conducted by a mediator and at a fee agreed in writing by the Disputing Parties.  Failing agreement between the Disputing Parties within 14 calendar days of the giving of the notice requiring mediation, the mediator will be selected and his or her fee determined by the chairperson for the time being of AMINZ (or his or her nominee).
         3. The mediation shall take place in Auckland, New Zealand at such address as determined by the mediator. 
         4. The costs of the mediation, excluding the Disputing Parties' own legal and preparation costs, will be shared equally by the Disputing Parties.
3. No Disputing Party may initiate or commence court or arbitration proceedings relating to a Dispute unless it has complied with the procedure set out in this clause 17, if application may still be made to the courts:
   1. 1. 1. for interlocutory relief; or
         2. to recover a debt payable.

The Company reserves the right to amend these Terms at any time with or without notice to Users.  Any User who continues to use the Website and/or the Recruitment Portal after any amendments will be deemed to have agreed to such amendments. 

The Company is permitted (in its sole discretion) to alter the Website and/or the Recruitment Portal, including all content, format, features and functionality, with or without notice to Users and shall incur no liability for doing so.

The User also acknowledges that the provider of the Recruitment Platform, Elmo Software Limited (Elmo Software) may make certain changes to the Recruitment Portal or may suspend provision of the software, without notice to the User. 

The Company may change the provider of its Recruitment Platform at its sole discretion.  In that event, any reference in these Terms to Elmo Software will be taken to be a reference to the new provider of a recruitment portal.

The Company (or the provider of the Recruitment Portal) will try to promptly address technical issues that arise on the Website and Recruitment Portal.  However, the Company will not be liable for any loss or damage suffered because of any partial or total breakdown of the Website and/or the Recruitment Portal, or any technical malfunctions on it, or as a result of the Website and/or the Recruitment Portal being unavailable or performing slowly, or any viruses or other forms of interference that may damage any User's computer system.

The Company's privacy policy relating to the use of the Website / Recruitment Portal shall apply to all information, data or other content which is generated through each User's use of the Website and Recruitment Portal. 

The Company will not be deemed to have waived any right under these Terms unless the waiver is in writing and signed by the Company.  A failure to exercise or delay in exercising any right by the Company under these Terms will not operate as a waiver of that right.  Any such waiver will not constitute a waiver of any subsequent or continuing right or of any other provision in these Terms.

The User acknowledges and understands that the Company provides the Website and Recruitment Portal free of charge for Users to use for recruitment purposes only.  The Users use of the Website and Portal is at the User’s risk.  The Company shall not be liable for any financial loss whatsoever that the User suffers because of the Use of the Website and Recruitment Portal.  For the avoidance of doubt, the Company will not be liable for any direct or indirect financial losses suffered by the User of the Website or Recruitment Portal.

Each User understands and acknowledges that the Company engages a third-party software provider (Elmo Software) which provides, manages and maintains the Recruitment Portal.  The Company will not be liable for any acts of omissions of Elmo Software (or any subsequent provider of a recruitment portal) or its agents or employees that results in loss to the User (including but not limited to loss or erasure of the Users information from the Recruitment Portal).

If any provision in these Terms becomes invalid or unenforceable, the remainder of these Terms will remain valid and enforceable to the fullest extent permitted by law.

These Terms will be governed by and construed in accordance with the laws of New Zealand.  All Users and the Company irrevocably submit to the non-exclusive jurisdiction of the courts of New Zealand for any matter arising under or relating to these Terms.

In these Terms, the following rules of interpretation apply:

1. 1. 1. References to persons include natural persons, companies, and any other body corporates (wherever incorporated) and unincorporated bodies (wherever formed).
      2. Headings have been inserted for convenience only and will not affect the interpretation of these Terms.
      3. References to clauses are to those in these Terms, except where specified otherwise.
      4. References to the words including, include or similar words do not imply any limitation and are deemed to have the words without limitation following them.
      5. A gender includes each other gender and the singular includes the plural and vice versa.
      6. An obligation not to do anything includes an obligation not to suffer, permit or cause that thing to be done.
      7. References to intellectual property means all intellectual property, proprietary and industrial rights of any nature (whether existing in statute, at common law or in equity).
      8. References to any content, warranties, representations, statements, information, facts, data, and details of or from the User include its oral or written form of presentation.
      1. Derivations of any defined word or term shall have a corresponding meaning.
      10. No rule of construction (including the contra proferentem rule applies to the disadvantage of a party because that party (or its relevant advisor) was responsible for the drafting of these Terms.

Questions and complaints:
If you wish to access or update your personal information or make a complaint if you believe there has been a breach of the New Zealand Information Privacy Principles, you may contact our HR Team for help at: hr@cardinal.nz