Terms and Conditions for Candidates

1. Introduction

1.1 These terms and conditions (Terms) are entered into between Chances for Nurses Limited trading as CFN Recruitment (NZCN 8450913) (we, us or our) and you the person who registers on our Platform to receive the Recruitment Services, together the Parties and each a Party.

1.2 We provide a recruitment platform (Platform) which job-seekers can access and use for free in order to apply to work in a variety of jobs in businesses across the world (Employers).

1.3 After registering your interest on the Platform and providing all required information, we will contact you, and if we consider you are a suitable candidate, we can present you to Employers where we think you are a suitable candidate for roles they have available (the Recruitment Services).

2. Acceptance and Platform Licence

2.1 You accept these Terms by checking the box, clicking “I accept” or registering on the Platform.

2.2 By accepting these Terms, you agree that:

(a) any costs that you incur in the process of becoming qualified to relocate or perform any work (excluding those costs associated with the Recruitment Services) will be paid by you, and these costs will not be reimbursed by us or any Employers, unless otherwise agreed between the Parties;

(b) you have not applied for other work opportunities or otherwise submitted yourself for employment directly to any Employers;

(c) where you have previously applied for other work opportunities or otherwise submitted yourself for employment to any third parties in the countries which our Employers are located, we may request these details, including the date of your application and the parties you have applied to, and you may disclose these details to us at your own discretion, however you are not required to disclose this information; and

(d) you will advise us each time you are contacted by an Employer.

2.3 You must be at least 18 years old to use the Platform and receive the Recruitment Services.

2.4 We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may terminate these Terms in accordance with the Termination clause.

2.5 Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.

2.6 When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including:

(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

(b) using the Platform to defame, harass, threaten, menace or offend any person;

(d) interfering with any user of the Platform;

(e) tampering with or modifying the Platform (including by transmitting viruses and using trojan horses);

(f) using the Platform to send unsolicited electronic messages;

(g) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform; or

(h) facilitating or assisting a third party to do any of the above acts.

3. Registration

3.1 In order to receive the Recruitment Services, you must register on the Platform by completing the ‘registration of interest’ form (Form).

3.2 You must provide basic information when completing the Form including your name, phone number, email address, how you heard about Chances for Nurses, your work experience and qualifications, and any other relevant information we may require.

3.3 All personal information you provide to us will be treated in accordance with our Privacy Policy.

3.4 You agree to provide up to date information in your Form and to make us aware if information you provided in the Form changes.

3.5 If you do not provide us with information we reasonably request or if you provide us with any information which indicates you are not a fit and proper person we may refuse to provide you with the Recruitment Services, in our sole discretion.

4. Platform and Recruitment Services summary

4.1 The Platform is a website where job-seekers can register to work in in a variety of jobs across the world. You understand and agree that we only make available the Platform and Recruitment Services. We are not party to any agreement entered into between an Employer and you and we have no control over the conduct of Employers or any other users of the Platform. We cannot guarantee that our provision of the Recruitment Services will result in your employment.

5. Communication

5.1 We may contact you using email or phone.

5.2 You agree that you will communicate directly with us only in relation to any employment opportunities we present to you and that you will not contact or communicate directly with Employer for the purposes of circumventing our arrangements with you or them, provided that you may communicate directly with Employer for the purposes of any job interviews and if you accept employment with them.

6. Arrangements between you and Healthcare Providers

6.1 Once an Employer has employed you, the arrangements in relation to your employment are strictly a matter between you and the Employer, including but not limited to, the terms of any employment agreement and the timing and performance of your work including shift times and dates.

6.2 Subject to your employment being terminated by the Employer for any reason, you will use your best endeavours to remain employed by the same Employer for at least 2 years.

6.3 This clause will survive the termination or expiry of these Terms.

7. Intellectual Property

7.1 All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Platform, and the Recruitment Services) (Our Intellectual Property) will at all times vest, or remain vested, in us.

7.2 We authorise you to use Our Intellectual Property solely for the purposes for which it was intended to be used.

7.3 You must not, without our prior written consent:

(a) copy, in whole or in part, any of Our Intellectual Property;

(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or

(c) breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.

7.4 Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:

(a) you do not assert that you are the owner of Our Intellectual Property;

(b) unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;

(c) you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and

(d) you comply with all other terms of these Terms.

7.5 This clause will survive the termination or expiry of these Terms.

8. Warranties

8.1 You represent, warrant and agree that:

(a) you will not use our Platform, including Our Intellectual Property, in any way that competes with our business;

(b) there are no legal restrictions preventing you from entering into these Terms;

(c) all information and documentation that you provide to us in connection with these Terms is true, correct and complete;

(d) you are responsible for complying with all laws, rules and regulations which apply to your registration on the Platform and you receiving the Recruitment Services;

(e) you are appropriately qualified, and have any required skills, knowledge or training for any jobs you apply for; and

(f) you are solely responsible for determining the type, timing, manner and means, methods or processes of your work. You are not our employee and are not entitled to any employment benefits. We do not supervise, direct or control any of the services you offer. We do not set your fees, work hours, your schedule or your location. We do not provide you with training, equipment or tools or any materials to perform your role. You are responsible for any taxes payable on any fee you receive for your work.

9. New Zealand Consumer Law

9.1 Certain consumer protection laws (such as the Consumer Guarantees Act 1993 and the Fair Trading Act 1986) and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of our Recruitment Services which cannot be excluded, restricted or modified.

9.2 If such laws apply to you as a consumer, nothing in this Agreement excludes your consumer law rights. You agree that our Liability for the Services provided to an entity defined as a consumer under legislation is governed solely by that legislation and this Agreement.

9.3 Subject to your consumer law rights, we exclude all express and implied warranties, and all material, work and services (including the Recruitment Services) are provided to you without warranties of any kind, either express or implied, whether in statute, at Law or any other basis. Any implied condition or warranty (including any warranty under Part 3 of the Contract and Commercial Law Act 2017) is excluded.

9.4 This clause will survive termination or expiry of this Agreement.

10. Exclusions to liability

10.1 Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:

(a) the use or results of any third party ID service or identity check;

(b) any aspect of your and the Employer’s interaction or employment relationship, including your role and the work performed by you or your acts or omissions in the course of your employment by an Employer;

(d) any event outside of our reasonable control.

10.2 You agree to indemnify us for any Liability we incur due to your breach of these Terms.

10.3 This clause will survive the termination or expiry of these Terms.

11. Limitations on liability

11.1 To the maximum extent permitted by law:

(a) neither Party will be liable for Consequential Loss;

(b) each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party or any of that Party’s personnel, including any failure by that party to mitigate its losses; and

(c) our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplying the Recruitment Services to you.

11.2 This clause will survive the termination or expiry of these Terms.

12. Termination

12.1 These Terms may be terminated by either Party you at any time, by providing the other Party with 3 month’s written notice.

12.2 These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:

(a) the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or
(b) the Defaulting Party is unable to pay its debts as they fall due.

12.3 Should we suspect that you are in breach of these Terms, we may suspend your Account while we investigate the suspected breach.

12.4 Upon expiry or termination of these Terms we will immediately cease providing the Recruitment Services.

12.5 Where we terminate the Terms for any reason other than pursuant to clause 13.1, you also agree to pay us our reasonable additional costs directly arising from such termination (including legal fees, debt collector fees and mercantile agent fees).

12.6 Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.

12.7 This clause will survive the termination or expiry of these Terms.

13. General

13.1 Assignment: Subject to the below clause, a Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).

13.2 Confidentiality: Other than where the disclosure is permitted by law, each Party agrees not to disclose any confidential information it may access on or through the Platform or the Recruitment Services to a third party, or otherwise misuse such confidential information. Confidential information may include confidential information supplied to you by us or by us to you.

13.3 Disputes: In relation to a dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) between a you and us, a Party may not commence court proceedings relating to a Dispute without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the New Zealand Law Society to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

13.4 Entire Terms: These Terms contain the entire understanding between the Parties and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in these Terms, and these Terms supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter. Without limiting the previous sentence, the Parties agree to contract out of sections 9, 12A and 13 of the Fair Trading Act 1986, and that it is fair and reasonable that the Parties are bound by this clause.

13.5 Further assurance: Each Party must promptly do all things and execute all further instruments necessary to give full force and effect to these Terms and their obligations under it.

13.6 Governing law: These Terms are governed by the laws of New Zealand. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New Zealand and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

13.7 Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

13.8 Privacy: We agree to comply with the legal requirements of the New Zealand Privacy Principles as set out in the Privacy Act 2020 and any other applicable legislation or privacy guidelines.

13.9 Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.

13.10 Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

13.11 Third party sites: The Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Platform, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Platform (Affiliate Link) or for featuring certain products or services on the Platform. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Platform, or which (if any) third party links are Affiliate Links.

14. Definitions

14.1 Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

14.2 Intellectual Property means any copyright, registered or unregistered designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.

14.3 Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.

14.4 Intellectual Property Breach means any breach by you (or any of your personnel) of any of our Intellectual Property Rights (or any breaches of third party rights including any Intellectual Property Rights of third parties).

14.5 Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

For any questions or notices, please contact us at:

Chances for Nurses (NZCN 8450913)

Email: rojea@chancesfornurses.com

Last update: 28 February 2024

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Terms and Conditions for Candidates