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RealContacts Terms and Conditions Read this web page carefully, as it contains the User Agreement ("Agreement") between You (and any entities You represent) and RealContacts Limited for the RealContacts Services and Website. By registering with RealContacts You agree to the Terms and Conditions of this Agreement. If You do not accept these Terms and Conditions, or if You do not abide by them in good faith, You must not use the Services or Website. Summary Contents [TOP] 1. DEFINITIONS Country of Access Country of Residence Customer Data Entity Link User Material Partner Partner Service RealContacts RealContacts Services Registered User Service Services User User Information We / Our You / Your [TOP] 2. USE FOR INTENDED PURPOSE ONLY 2.1 You accept that RealContacts and its Partners are Application Service Providers that provide online venues where Users connect, communicate, post, search, and conduct personal and business activity, based on User Information they exchange on RealContacts and outside RealContacts. 2.2 You will use (and promote) the Services only for their intended and lawful purposes. 2.3 You will not use the Services to initiate unwanted or "spam" email or other communication to any other User, any other person or Entity, RealContacts, or Partners. 2.4 You will not post, submit, or communicate any User Information or other content while using the Services that is either false, misleading, misrepresenting, discriminatory, racist, obscene, libellous, offensive, illegal, defamatory, inappropriate, invasive, or in breach of any copyright, trademark, or other intellectual property rights. You are solely responsible and liable for any information You post, submit, or communicate while using the Services. 2.5 You will not use, or collect and reuse, the User Information or Material from the Services for any purpose other than within the Services for its intended purpose. 2.6 You will not collect or attempt to collect or use the Customer Data of any other User. [TOP] 3. DETECTION AND REPORTING OF MISUSE, AND TERMINATION OF SERVICES 3.1 We are not responsible for the User Information that You exchange with other Users on the Services or 3rd party website content that you access through the Services, and We are not required to monitor, censor, or edit any User Information, which is solely the responsibility of the User, or 3rd party website content. 3.2 We reserve the right to remove any material and / or to terminate access to the Services without notice for any User that We believe is not abiding in good faith by this Agreement, in Our sole discretion and timing. 3.3 You are encouraged to report suspected misuse of the Services to Us by email at support@realcontacts.com. 3.4 We reserve the right to terminate any Service or the Services without notice and obligation. [TOP] 4. REPRESENTATION OF IDENTITY 4.1 You will not represent yourself as anyone else than who You really are, whether this is your own identity or the identity of any Entity You claim to represent. You will not access or attempt to access the Services using an identity, email address, or account that does not belong to You. 4.2 If You represent yourself as acting on behalf of any Entity, You warrant that You are legally able to represent the Entity, that You are accepted or appointed by the Entity as its representative, and that You act on behalf of the Entity. [TOP] 5. SECURITY AND PRIVACY 5.1 You will safeguard your password, and if You believe anyone else has or could have obtained it You will log-on and change your password. 5.2 You are responsible for keeping your User Information, Customer Data, and yourself safe while using our service. We make no guarantee or warrant that Users will not misuse your User Information or Customer Data that You have provided to them. You are responsible and liable for any activity that occurs using your User ID. 5.3 The Privacy Policy posted here on the Website is incorporated in this Agreement by reference. 5.4 You agree that We have the right to comply, in Our sole discretion, with legal requirements governing release of Customer Data and User Information to requesting government authorities. 5.5 If You reside in the European Union (EU) or if any transfer of information between You and the Services is governed by the European Union Data Protection Directive or national laws implementing that Directive, then You consent to the transfer of such information within and outside of the European Union to countries as required by the current and future Services, subject to our Privacy Policy, posted on this Website and incorporated here by reference. [TOP] 6. PERMITS, LICENSING, AND AUTHORITY 6.1 You must not use the Services if You are lacking any required Permits, Licensing, Qualifications, or Authority from your Country of Access, Country of Residence, or other country. [TOP] 7. WEBSITE ACCESS AND AVAILABILITY 7.1 You will not attempt to interfere with, block, or degrade the performance, capacity, or functionality of any User, Services, host, or network through any means, including but not limited to flooding, overloading, mailbombing, or crashing. You will not upload to the Services or use the Services to distribute any viruses, robots, or spiders. You will not attempt to probe, scan, or test the vulnerability of the Service's Websites. You will not forge any TCP/IP packet header or any part of the header information in any e-mail. 7.2 The Websites and Services are provided on an as-is basis. We do not provide any guarantees or represent that the Website and Services will be accessible, reliable, timely, responsive, complete, error-free, virus-free, or operating correctly at the time that You access them. [TOP] 8. LINKING TO THE REALCONTACTS WEBSITES OR PARTNER WEBSITES 8.1 You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of RealContacts, as long as the link or your website or webpage does not contain content that is false, misleading, misrepresenting, discriminatory, racist, obscene, libellous, offensive, illegal, defamatory, inappropriate, invasive, or in breach of any copyright, trademark, or other intellectual property rights. 8.2 You must not create a browser or border environment around the Services content. 8.3 You must not imply that We are endorsing You or your products and services, or any other Entity or its products or services, except with Our express written consent. 8.4 You must not misrepresent your relationship with Us. 8.5 The link may contain the words "RealContacts" and / or "www.realcontacts.com". 8.6 You must not use the RealContacts logo or other proprietary Material without permission from RealContacts. You may request this by emailing to sales@realcontacts.com with a link to your site and description of the intended use. If approved, You must not resize, recolor, alter, animate, morph, or otherwise distort the RealContacts logo. The RealContacts logo must stand by itself and must include a minimum amount of 20 pixels of empty space around it in order to avoid associations with any other objects, including type, photography, borders, and edges. 8.7 The RealContacts link or logo must not appear larger or more prominent than your own identity, logo, or content on the website page containing the link. 8.8 You must not link to any Partner website or use their logo or other proprietary material without contacting them to obtain their permission and without following their guidelines. [TOP] 9.1 Any links to RealContacts Partner websites from the RealContacts Websites is provided to You as a convenience, and RealContacts cannot guarantee availability of Partner Services or their suitability or results for Your use. 9.2 RealContacts Partners have agreed to provide Services to You with the same Terms and Conditions and Privacy Agreement as RealContacts provides to You for its Services. Any exceptions, deletions, or additions would have to be explicitly agreed to by You in the Partner Terms and Conditions and Privacy Agreement. If you believe that any Partner is not abiding by this Agreement or have any questions, you can contact us at partners@realcontacts.com. 9.3 RealContacts does not control and is not responsible for any Partner website or its content. You have the right to unsubscribe from any RealContacts Partner Service while retaining your membership of Your other RealContacts Services. If you have questions on how to do this, contact us at accounts@realcontacts.com. 9.4 If You decide to access any of the third party sites linked to the RealContacts Websites or Partner Websites, You do so entirely at your own risk.
9.5 The current list of official RealContacts Partner sites follows. If you are aware of any service or website that claims to be a RealContacts Partner that is not on this list, please let us know at partners@realcontacts.com. [TOP] 10. LINKS TO 3RD PARTY WEBSITES10.1 Any links to 3rd Party websites from the RealContacts Websites or Partner Websites or search results are provided only on an as-is basis as a convenience to You. 10.2 RealContacts does not endorse or make any representations about 3rd party websites, any content on them, or results that may be obtained from using them. RealContacts does not control and is not responsible for any 3rd party website or its content. 10.3 If You decide to access any 3rd party sites linked to by the RealContacts Websites or Partner Websites, You do so entirely at your own risk. [TOP] 11. LICENSE, INTELLECTUAL PROPERTY, COPYRIGHTS, TRADEMARKS, AND REUSE 11.1 If You accept and honour in good faith the terms of this Agreement, We grant You a limited, terminable, non-exclusive right to access, use, and view the Services on the Website for your sole non-commercial use. Your use of the Services and Website is a privilege, not a right. You may not download any Material or User Information that does not belong to You from the Website without Our permission, other than page caching. 11.2 You retain all rights to User Information that You post in the Services that is intended for viewing either by selected Users in Your network of contacts or by the general public. We can not use this information except with Your specific permission. However, search terms that you enter in a RealContacts or Eurekster Search without selecting the "Private Search" option will be visible to people in your network and those in the entire Eurekster network. We suggest that you do not enter any Personally Identifiable Information in your Search terms intended for sharing, and We are not responsible for the consequences if you choose to do so. 11.3 You allow us to reproduce and use in any way feedback that you provide to Us, without your additional permission. You grant Us the right but not the obligation to use the name that You submit in connection with such feedback content 11.4 You represent and warrant that You own or otherwise control all the rights
to any content that You post; that the content is not false, misleading, misrepresenting,
discriminatory, racist, obscene, libellous, offensive, illegal, defamatory, inappropriate,
invasive, or in breach of any copyright, trademark, or other intellectual property rights.
You agree to indemnify Us for all claims resulting from User Information or other content You supply. 11.5 You will not copy, reproduce, modify, sell, distribute, or otherwise use any Material on or from our Websites (other than Your User Information) or emails from us without our written permission. You will not copy, reproduce, modify, sell, distribute, incorporate, or otherwise use our copyrighted, trademarked, or patent-pending intellectual property without our written permission 11.6 You agree that all right, title and interest in and to the Services and Websites other than User Information is the sole property of RealContacts or its licensors, and is protected by law and treaties. Other than the limited licenses granted to You in this Agreement, RealContacts reserves for itself and its licensors all other rights, title and interest. "RealContacts," the RealContacts logo, and certain other names or logos are service marks or trademarks of RealContacts, and all related product and service names, design marks and slogans are the service marks or trademarks of RealContacts. All other product and service marks contained on the Site are the trademarks of their respective owners. [TOP] 12. FEES AND PAYMENT 12.1 You agree to and must pay Us any fee that You incur as a result of using the Services, within 30 days of the event for which payment is required. For Services that are success-fee based, You agree to report to Us when this occurs and payment is due to Us. You can do this using the Website or by email to accounts@realcontacts.com. If our receipt of your payment is late for any reason, You agree to pay late fees amounting to 5% of the overdue fees per month, at our sole discretion. 12.2 Unless otherwise specified by Us in the attached appendices for specific Services, no fees or payments due to Us or made to Us are eligible for refund or credit to future Services. [TOP] 13. TAXATION 13.1 You are responsible for any reporting and payment of any taxes, duties, levies, or fees associated with Your use of the Services that are required by your Country of Residence, Country of Service, or other country. Examples of taxes that You would be required to report and pay, if applicable, include consumption tax (GST, VAT, TVA, sales tax) and income tax. [TOP] 14. LIABILITY, REPRESENTATIONS, AND INDEMNIFICATION 14.1 Your use of any information on the Services and Your results and consequences are at Your own risk and liability. We cannot control, guarantee, or take responsibility for the accuracy, reliability, completeness, or safety of any User Information or 3rd party website content, or the actions taken by Users or others based on User Information or 3rd party website content. 14.2 We make no guarantees or representation that Your use of the Services will be successful or fit to your purposes. 14.3 We are not responsible for and You will not hold Us liable for any consequential, direct, indirect, special, or incidental damages related to your use of the Services, whether those damages are incurred by You or by other people or Entities. 14.4 If for any reason a jurisdiction rules that exclusion of one or more forms of exclusion of liability is not allowed, then the aggregate and total liability of RealContacts shall not exceed 100 US Dollars. 14.5 You indemnify RealContacts for any and all liability resulting from Your use of the Service. 14.6 You agree that RealContacts is eligible for monetary and equitable relief as a result of damages if You breach this Agreement. [TOP] 15. CHANGES TO THIS AGREEMENT 15.1 We reserve the right to change this Agreement at any time without notice, and any such changes will appear in the copy of this Agreement available on the RealContacts web site. We will give You notice by email or on the Website if changes have occurred that We consider material and major, in Our sole discretion. 15.2 You agree to be bound by any changes that We make to this Agreement. You have the option to unsubscribe from the Service or Services if You do not agree with the changes. You agree to be bound by any changes during the period between when the changes are made and when You unsubscribe, if You use the Services during that period. 15.3 You may not make any changes to this Agreement. You may send comments or suggestions to accounts@realcontacts.com, but our reception of these comments or suggestions does not indicate our acceptance. [TOP] 16. NON-ASSIGNMENT 16.1 You will not assign or transfer this Agreement to any other person or entity. [TOP] 17. NOTICE 17.1 Any notice due under this Agreement to be served to RealContacts must be delivered to the RealContacts address published on the Website. Any notice to be served to You will be delivered to your address of record or other address that We deem appropriate. [TOP] 18. GOVERNING LAW, DISPUTE PROCESS, AND CONTINUATION IN FORCE 18.1 This Agreement is governed by the law of New Zealand and any dispute shall, if not settled by agreement, be determined by Courts or Tribunals or competent jurisdiction in New Zealand. 18.2 If any part of this Agreement is found to be invalid or non-binding, then that shall not prevent the remainder of the Agreement from continuing in force. [TOP] 19. APPENDIX 1: SERVICE SPECIFICS FOR REALCONTACTS JOBS 19.1 Definitions Candidate Employee Employer Job-Posting Job-Seeker Recruiter 19.2 Use for intended purpose. Job-Posting: Job-Seeking: Job-Seekers: Employers and Recruiters: The success fee is based on a percentage of the total annual or contract (for short-term work) compensation for the actual position the Candidate has accepted, plus any applicable taxes, such as consumption tax (GST, VAT, TVA, sales tax) or other taxes. The fee is due whether the Candidate used the RealContacts enquiry function to contact You or learned of the position because it was posted on RealContacts and then contacted You directly through means other than RealContacts. Total annual compensation is defined as the total first twelve month's forecasted compensation consisting of all the following components, as applicable: base salary, on-target commission for sales employees, predicted on-target personal or company performance bonus, fringe benefits, and payments-in-lieu of salary. If the employment is contract, temporary, short-term, or seasonal, then the fee is based on a percentage of the actual forecast compensation for the contracted employment period, up to a maximum of one year. If contracts are extended beyond the original forecasted length, then an additional success fee for the additional compensation is payable, at the time of extension, up to a total of one-year contract length. Employment that begins on a trial or contract basis with the intent to proceed to longer-term or permanent employment is considered to be longer-term or permanent for the purposes of fee calculation. Volunteer positions with no compensation have a success fee of $50 US dollars, regardless of length of employment.
[TOP] If You have any questions on this Agreement or its Terms and Conditions, please
contact us at accounts@realcontacts.com. |
You agree to only use the RealContacts Services and
Partner Services for their intended purpose