Welcome to Weirdly 1.1 Weirdly is a recruitment app and associated website that specialises in matching businesses to job-seeking candidates by assessing fit with company culture. Weirdly is provided by Weirdly Limited ("we", “our” or “us”) at www.weirdlyhub.com ("Weirdly").
1.2 These terms (“Terms”) apply to use of Weirdly if you use Weirdly as or on behalf of a job-seeking candidate. By accessing and using Weirdly as or on behalf of a job-seeking candidate, the job-seeking candidate, together with all individual users accessing Weirdly on that person's behalf (together, "you") accept and agree to be bound by these Terms. If you do not accept these Terms, you should not use Weirdly.
1.5 If you use Weirdly for business purposes, these Terms do not apply to your use of Weirdly. Your use of Weirdly will instead be governed by either by our Master Subscription Agreement or a separate written agreement between you and us.
We can amend these Terms
2.1 We can amend these Terms at any time. Amendments will be effective immediately when posted on Weirdly. You are responsible for ensuring you are familiar with the latest Terms. By continuing to use Weirdly, you agree to be bound by the Terms as amended (whether or not you have received any amendments). You can always find the current version of the Terms here at Terms & Conditions.
How you should use Weirdly
3.1 You agree to only use Weirdly in a way that complies with all applicable laws and regulations, that does not infringe our rights or other users' rights, and that does not inhibit or restrict other users' enjoyment of Weirdly.
3.2 Without limiting clause 3.1, in particular, you agree not to: 3.2.1 damage or harm Weirdly, or any underlying or connected network or system; 3.2.2 use a harvesting bot, robot, spider, scraper, or other unauthorised automated means to access Weirdly or content featured on it for any purpose;introduce any viruses, content or code to Weirdly that is technologically harmful; or do anything that could disable, overburden, or impair the proper working of Weirdly, such as a denial of service attack; 3.2.3 use Weirdly to do anything unlawful, misleading, malicious, or discriminatory; 3.2.4 facilitate or encourage any violations of these Terms; 3.2.5 upload or post any content on Weirdly (or use Weirdly to transmit any communication) which is in our view illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise objectionable; 3.2.6 send or otherwise post unauthorised commercial communications (such as spam) on Weirdly; 3.2.7 engage in unlawful multi-level marketing, such as a pyramid scheme on Weirdly; 3.2.8 solicit login information or access an account belonging to someone else; 3.2.9 bully, intimidate, threaten or harass any user/member of Weirdly; 3.2.10 offer any contest, giveaway, or sweepstake on Weirdly, or attempt to do any of the above.
3.3 We are not obliged to monitor your use of Weirdly (including any comments made on, or content posted or uploaded to, Weirdly). However, we may remove, modify or decline to publish comments or content, if we, in our sole discretion, consider them to be inappropriate or consider that they otherwise breach these Terms.
3.4 We appreciate your help in keeping Weirdly a safe and enjoyable experience for all users. Please contact us if you have seen any content that you think breaches these Terms at email@example.com.
3.5 You are responsible for all activity resulting from your use of Weirdly. Subject to clause 11.2, you indemnify us, and will keep us indemnified, against all forms of liability, action, proceeding, demand, cost, change and expense which we may incur, be subject to or suffer as a result of your use of Weirdly.
3.6 Without limiting any other rights and remedies available to us, if we believe you have breached or are in breach of these Terms, we may: 3.6.1 limit your activities on Weirdly; 3.6.2 warn other users of your actions; 3.6.3 issue a warning to you; 3.6.4 suspend or cancel your access to Weirdly, including deleting your account; 3.6.5 co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity of or to locate anyone posting any content in breach of these Terms; and/or 3.6.6 disclose your identity and any other information we hold about you to any law enforcement authority if we believe this would assist to prevent the commission of any crime against a person or persons.
Using Weirdly – Account and fee information
4.1 You may access and browse Weirdly without creating an account. However, if you wish to use certain features (such as setting up a candidate profile) then you must create an account (a "Candidate Account").
4.2 Registering a Candidate Account is free and there are currently no fees for using a Candidate Account on Weirdly. We reserve the right to implement fees for Candidate Accounts in the future and will provide you with at least 30 days' notice by posting details of any such fees on our website.
4.3 By registering a Candidate Account, you warrant that: 4.3.1 you are 16 years old and that you can form a legally binding contract; 4.3.2 you have provided complete, accurate and current personal information such as your full legal name and email address; and 4.3.3 you will maintain and promptly update your Candidate Account information to ensure it is kept current at all times.
4.4 You agree that we can provide you with job vacancy suggestions that may interest you based on your information and your Candidate Account.
4.6 You must not register Candidate Accounts for multiple aliases or personas (whether false or not).
4.7 We reserve the right to decline to register, suspend, or cancel your Candidate Account and your use of Weirdly if we consider (in our absolute discretion) that you have breached any of these Terms. If you have registered under multiple aliases, all of these aliases will be disabled. If we suspend or cancel your Candidate Account, you must not create another one without our prior approval.
4.8 All of your data and content (including your profile) may be deleted from our systems immediately upon cancellation of your Candidate Account. This content cannot be recovered once your Candidate Account is cancelled. We are not liable for any loss or damage following, or as a result of, the cancellation of your Candidate Account, and it is your responsibility to ensure that any content or data which you require is backed-up or replicated before cancellation.
4.9 You agree that you cannot transfer, sell, lease, lend or trade your Candidate Account without our prior written consent.
4.10 We will take reasonable precautions to keep your Candidate Account secure and protect it from unauthorised access, however you agree that we are entitled to rely on the authenticity and authority of your username, password and session-specific codes generated by your hardware device to process actions or requests you submit to Weirdly and that we may do so without further enquiry.You agree to keep your log in details and password secure and agree not to share your password with anyone else. We will not be liable for any loss or damage if you fail to comply with this security obligation.
4.11 You acknowledge that the internet is inherently insecure. You accept the risk that any information stored or transmitted on the internet or through email may be intercepted or subject to unauthorised access or fraudulent behaviour. If you think someone is accessing your Candidate Account without your consent or if you would like to report disclosure of your account information, please contact us at firstname.lastname@example.org.
We own Weirdly, you own your information and content 5.1 We (and our licensors or suppliers, as the case may be) own all intellectual property rights existing in Weirdly, including all of the content of Weirdly (such as text, graphics, logos, icons and sound recordings), all software code underlying and forming part of Weirdly and any improvements, enhancements, modifications or adaptations to Weirdly.
5.2 Unless you have received our prior written permission, you agree not to, and will not permit or encourage any third party to: 5.2.1 adapt, reproduce, modify, reverse-engineer, decompile, distribute, print, display, perform, publish or create adaptations from any part of Weirdly; or 5.2.2 commercialise, copy or on-sell any information or materials obtained from any part of Weirdly.
5.3 You may not publish or use Weirdly's brand, branding or logos without our prior written permission.
Seen intellectual property right infringement on Weirdly? 6.1 We take intellectual property rights very seriously and we expect you to do the same. You warrant that any content you upload to Weirdly does not contain anything which breaches any obligations of confidentiality or proprietary rights of any third party and that you own any intellectual property rights in such content. Before you submit content to Weirdly, you must ensure that you hold the copyright or are otherwise licensed or authorised to use that content.
6.2 We will investigate all notices of copyright infringement. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through Weirdly, please contact us at email@example.com.
We welcome your feedback, but you won't get intellectual property rights as a result
7.1 We welcome your feedback and ideas on how to improve Weirdly. If you choose to submit your ideas, you agree that we are free to use them and that you will not have rights to any intellectual property that may be generated as a result.
Weirdly links to other services, websites and apps
8.1 Weirdly may enable you to access other applications and websites. Even though these applications and websites are accessible through Weirdly, they are not owned and controlled by us. Any links to third party websites are provided for convenience only, and the inclusion of any link does not imply that we endorse or verify such websites. We are not responsible or liable for any loss or damage incurred by you as a result of your access to those applications and websites.
Weirdly might not always be perfect
9.1 Weirdly is provided on an "as is" and "as available" basis and use of it is at your sole risk. We will try to promptly address (during normal business hours) all technical issues that arise in connection with Weirdly, however there may be times when Weirdly is inaccessible.
9.2 From time to time, we may issue an update to Weirdly which may add, modify and/or remove features. We will endeavour to let you know about these changes in advance, but these updates may be pushed out automatically with little or no notice.
9.3 To the maximum extent permitted by law we disclaim and exclude all implied conditions and warranties. To avoid doubt, we do not warrant that: (a) Weirdly will meet your specific requirements; (b) Weirdly will be uninterrupted, timely, secure, or error free; (c) the results that may be obtained from the use of Weirdly will be accurate or reliable; (d) the quality of any products, services, information or other material purchased or obtained by you through Weirdly will meet your expectations; or (e) any errors in Weirdly will be corrected.
9.4 We will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from the use of, or the inability to use, Weirdly.
9.5 We may use third party suppliers to provide necessary hardware, software, networking, connectivity, storage and related technology required to provide Weirdly. The acts and omissions of those third party suppliers may be outside of our control, and we do not accept any liability for any loss or damage suffered as a result of any act or omission of any third party supplier.
9.6 Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of any consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, you agree that our total liability under or in connection with these Terms and/or Weirdly will not exceed NZ$100 in any circumstances.
10.1 Except to the extent you need to contact us to inform us of any breach of these Terms, you agree not to involve, or attempt to involve us, in any dispute or in the resolution of disputes that arise between you and another user of Weirdly (including any employment related disputes).
10.2 If you wish to notify us of any dispute you have with us, you should contact us at firstname.lastname@example.org.
This is a legal agreement, so some general provisions apply
11.1 These Terms are governed by New Zealand law, and you submit to the exclusive jurisdiction of the New Zealand courts for any matter or dispute arising in relation to these Terms.
11.2 Neither party will be responsible, liable, or held to be in breach of these Terms for any failure to perform its obligations under these Terms or otherwise or under any indemnity in these Terms, to the extent that the failure or relevant event is caused by the other party failing to comply with its obligations under these Terms, or by the negligence or misconduct of the other party or its personnel.
11.4 If any provision of these Terms is found by a court or other competent authority to be invalid, unenforceable or in conflict with the law, that provision is limited or eliminated to the minimum extent so that these Terms otherwise remain in full effect.
11.5 If we do not exercise or enforce any right available to us under these Terms, it does not constitute a waiver of those rights.
11.6 The headings used throughout these Terms are provided for your convenience and do not affect the meaning of these Terms.
12.1 If you have any questions about these Terms, the practices of Weirdly, or if you would like to give us feedback or notice, you can contact us in the following ways: