Terms & Conditions

Advertisers on the Whisper website must adhere too and abide to the terms and conditions (“Terms”) as set out below, plus abide and adhere to all other Terms and Conditions of the Whisper website.

• User/Advertiser - (“Advertiser”, “you” and “your”).
• Whisper website - ("Site", "REALTIME", "Whisper" ,"we", "us" and "our").

By entry into and use of the Whisper Site you will have deemed your acceptance of these Terms and Conditions.

2.1. Terms and Conditions Variations.

At any time the Terms and Conditions of use of the Whisper site may be varied. Variations will be announced and published on the Site. By your continued use of the Site, following announced variation's, you confirm you have received sufficient notice of the changes from Whisper.

1. 2.1.1. Your Advertisements - Law Abiding
   
   When posting your advertisement's to the Site, you must ensure that they comply with all applicable legislation, regulations, by-laws, ordinances and codes of conduct, including but not limited to the Privacy Act 1993 including the Information Privacy Principles, Human Rights Act 1993, Fair Trading Act 1986 and the Real Estate Agents Act 2008
2. 2.1.2. Whisper data use - Licence to use data
   
   Whisper, under this licence will use your data, however the stored data of an Advertiser is owned by the Advertiser and not Whisper, except data that is deemed "personal information as defined in the Privacy Act of the jurisdiction of operation.
3. 2.1.3. Data storage and Utilisation
   
   To improve user experience on the Site, the Advertiser hereby grants Whisper a perpetual, non-exclusive, irrevocable licence to use any stored data to collect and collate statistical information, manage internal reporting requirements and online application use plus general user behaviour, submission details and statistical information.
4. 2.1.4. Intellectual Property Rights
   
   All or any intellectual property rights subsisting in any of the goods and services provided to you by Whisper are retained by Whisper.

2.2. Whisper User Obligations.

As an advertiser on Whisper you are obliged to comply with certain conditions related to the creation and promotion of advertising material on Whisper.

1. 2.2.1. You warrant and agree that:
   
   
   1. 2.2.1.1.
      
      You are in a position, have the stature, the capacity and power to lawfully bind you and those you represent to these Terms and Conditions.
   2. 2.2.1.2.
      
      You are in a position, have the stature, the capacity and power to perform the obligations of these Terms and Conditions.
   3. 2.2.1.3.
      
      You will upload and post only material that does not breach any third party intellectual property rights, this includes all material from you.
   4. 2.2.1.4.
      
      All files posts, uploads will be delivered to the Site infection or virus free.
   5. 2.2.1.5.
      
      Your use of the Site will always be carried out in a legal manner the purpose of use will be for legal activity.
   6. 2.2.1.6.
      
      You will not upload, download, transact, store or make available data that is unlawful, harassing, threatening, harmful, tortious, defamatory, libellous, abusive violent, obscene or use any of the site features or services to invade privacy or create racial or ethnic offense or any objectionable or damaging material on any part of the REALTIME Site.
2. 2.2.2. Transferral of Rights and Obligations
   
   Pursuant to this agreement, you may not assign or transfer any rights and obligations to any other person or entity without Whisper's prior written approval (which will not be unreasonably withheld). In the situation of a company, for the purpose of this clause, change in your effective control shall be deemed an assignment.
3. 2.2.3. Indemnification
   
   You indemnify and will keep indemnified officers, employees and agents of Realtime Whisper, from and against all actions, claims, liabilities, suits, cost for actual or contingent, expenses and damages incurred by Whisper in connection with:
   
   
   1. 2.2.3.1.
      
      Any form of negligent act or omission by you.
   2. 2.2.3.2.
      
      Alleged or actual breach of law, regulations, legislations, by-laws, codes or ordinances of conduct which occurs as a consequence of your postings including but not limited to your advertising.
   3. 2.2.3.3.
      
      Any breach of these Terms by you.
   4. 2.2.3.4.
      
      The proposed or existing listing on the Site or related site, of any material or , advertisement.
4. 2.2.4. Compliance with legal obligations.
   
   Any information or products supplied or accessed by you from Whisper, you will treat in a manner that abides by the relevant laws of the jurisdiction you are in and the main the law of New Zealand (including, without limitation, privacy and copyright laws.
5. 2.2.5. Copyright Compliance.
   
   You may not copy, reproduce, modify, republish, transmit, upload, post, redistribute materiel, software, code of or from the Realtime Site unless otherwise permitted by or under these Terms and Conditions.
6. 2.2.6. Gathering Data.
   
   Without Whisper’s prior written approval, the use of screen scraping, data mining, robots or any gathering or extraction tools is prohibited on any part of the REALTIME Whisper SITE.
7. 2.2.7. Unsolicited Contact.
   
   Sending unsolicited electronic messages to Site users is forbidden through the REALTIME Whisper Site. Communication between Site users must only be in relation to the specific nature and application common to the users.
8. 2.2.8. Release Of Information.
   
   Only with written permission from Whisper can you release any information publicly in regard to, but limited to, any advertising material, promotional material or any other form of publicity relating to Whisper or its Site.
9. 2.2.9. External Links.
   
   Without Whisper's express written approval you are not permitted to place or insert links to an external website or an externally hosted application form, in any of the following but not limited to;
   
   
   1. 2.2.9.1.
      
      In an employer/company profile.
   2. 2.2.9.2.
      
      Within Whisper's job application process.
   3. 2.2.9.3.
      
      In or from a previously approved externally hosted application form.
   4. 2.2.9.4.
      
      Within the details of a job advert (including from the apply functions).
   Application can be made to Whisper for permission to place or insert an external link however if granted, Whisper reserve the right to withdraw the approval at any time without notification.
10. 2.2.10. Referal and Promotion.
    
    You are permitted to refer and promote associated brand of your business but you are not permitted to refer or promote brands that are not directly associated with you;
    
    
    1. 2.2.10.1.
       
       In the job details of an advert (including from the apply functions);
    2. 2.2.10.2.
       
       Within Whisper's job application process;
    3. 2.2.10.3.
       
       In or from a previously approved externally hosted application form.
    4. 2.2.10.4.
       
       In an employer/company profile.
    Application can be made to Whisper for permission to place or insert other branding however if granted, Whisper reserve the right to withdraw the
11. 2.2.11. Advertising Restrictions.
    
    You agree to place only one job role per job advertisement on the Whisper Site. If a breach is discovered and more than one job is advertised in an advert, REALTIME Whisper reserves the right to charge the Advertiser for the number of job roles advertised within the advertisement.
12. 2.2.12. Advertisement Data Relavance.
    
    You must ensure that entry of your advertisement information into a data field, is relevant and relates as best it can to your job and category requirements. Whisper reserves the right to amend, alter or remove any information that does not meet this requirement.
13. 2.2.13. Re-classification and Withdrawal.
    
    Whisper reserves the right to re-classify advertisements and when appropriate withdraw an advertisement for clarification purposes.

2.3. No Warranty, Limitation of Liability and Disclaimer

1. 2.3.1. Liability Disclaimer.
   
   There is no warranty that the services normally provided by the Whisper Site will be error free or uninterrupted. We, our officers, employees, agents and contractors (whether in contract, tort including negligence, or otherwise) will not be liable in any way to you or anyone else for any loss or damage no matter how it arises except where we have liability due to legislation.
2. 2.3.2. Service Liabilities.
   
   For any proven breach of an implied term which cannot be excluded by legislation, the liability of Whisper is limited to either, payment of the cost of having the goods or services supplied again or the supply of the goods or services (or the equivalent goods or services) again.
3. 2.3.3. Service Liabilities.
   
   Even if informed of the possibility, under these Terms, our limitation of liability applies to direct, special, indirect, punitive, consequential, or other damages such as loss of data, information or business interruption suffered by you or others.
4. 2.3.4. Advertisement Errors.
   
   You should check your advert posting for correctness, Whisper accepts no responsibility or liability for any errors.
5. 2.3.5. Service Guarantees.
   
   There is no warranty or guarantee by Whisper that the Whisper Site services will be error free, uninterrupted or defects in the service will be corrected. Whisper cannot and does not guarantee or warrant that downloaded files or files for downloading through the Whisper Site or electronically delivered will be free of worms, viruses, infections, Trojan horses or other contaminated code or destructive properties. A user is responsible to have sufficient procedures to meet their particular requirements for accuracy of data input and output, and maintaining external independent resources to the Whisper Site for the lost data recall or reconstruction.
6. 2.3.6. Vetting and Evaluation.
   
   Only acting as a vehicle for individuals to seek employment or contract opportunities, a medium position, Whisper does not investigate, evaluate nor is it responsible for vetting, whether oral or written representations, including information within resumes, made by employment or contactor applicants.

2.4. Site Maintenance

1. 2.4.1. Vetting and Evaluation.
   
   Only acting as a vehicle for individuals to seek employment or contract opportunities, a medium position, Whisper does not investigate, evaluate nor is it responsible for vetting, whether oral or written representations, including information within resumes, made by employment or contactor applicants.