Overview

These Terms and Conditions ("Terms") apply to your access to and use of the EarnLearn TradeMatch website ("TradeMatch"). By accessing or using TradeMatch, you agree to these Terms.

References

In these Terms, "EarnLearn", "we", "us" and similar expressions mean Energy and Infrasture Skills Board trading as EarnLearn, the owner and provider of TradeMatch. "You" means you, the person accessing or using the Jobsite.

Changes to these Terms

We may modify these Terms at any time. Changes take effect immediately when posted on TradeMatch. Your continued use of the TradeMatch means you accept the most recent Terms.

Intellectual property rights

EarnLearn (or our licensors) owns the copyright, trademarks, and other intellectual property in TradeMatch and its content. You must not infringe those rights.

Information for personal, non-commercial use only

Information on TradeMatch is for personal use only and may not be sold, redistributed, or used for any commercial purpose. Unless we agree in writing, you must not:

• use advertiser contact details for unsolicited commercial correspondence
• modify, copy, reproduce, republish, upload, post, transmit, or distribute any TradeMatch material (including code or software)
• use automated data gathering, extraction, or publication tools (including scraping)
• use the Jobsite for any unlawful purpose or any purpose prohibited by these Terms

No endorsement of jobs

TradeMatch connects advertisers of jobs, business, or self-employment opportunities with people seeking those opportunities. We do not endorse or recommend any listing. You are solely responsible for evaluating opportunities and should seek independent advice (legal, financial, tax, etc.) before entering into any agreement. We are not liable for decisions or actions you take regarding any opportunity advertised on the Jobsite.

No guarantee that opportunities are available

We cannot guarantee the continued availability of any role or opportunity and are not liable if an advertiser fills a vacancy without removing the advertisement. While we encourage genuine listings, we cannot guarantee that every advertisement represents an actual vacancy.

Information on TradeMatch is not professional advice

Content on TradeMatch provides general information only and is not legal, accounting, or other professional advice. Consider whether you need advice specific to your circumstances. We are not liable for decisions or actions taken in reliance on Jobsite information.

No responsibility for third-party sites or services

TradeMatch may link to third-party websites. Links are provided for convenience only. We do not endorse linked sites and are not responsible for their content, accuracy, legality, or decency.

No guarantees as to TradeMatch service

We aim to provide reliable, uninterrupted access but do not warrant that your use will be uninterrupted or error-free. TradeMatch may be unavailable at times for maintenance or development. If we need to interrupt TradeMatch for longer than usual, we will use reasonable endeavours to post a notice. We do not warrant that downloadable or emailed materials are free of viruses or defects. You should run virus checks and maintain regular backups.

We can use information you send us

We welcome ideas and feedback. By submitting information (e.g., via email or public areas of TradeMatch), you agree that we may use, reproduce, distribute, transmit, create derivative works of, and publicly display that information.

Security of your information

We will implement reasonable procedures and security measures to protect information you provide from unauthorised disclosure, access, use, modification, damage, or destruction. However, we cannot guarantee absolute security. You are responsible for your own networks, internet access, telecommunications services, and device security.

Security of your password and login

To register, you must provide a login name and password. You are responsible for keeping them confidential and for all activity under your account. You must not allow anyone else to use your credentials, must keep them secure, and must notify us immediately of any unauthorised use or suspected breach. You can change your password at any time in Account → Change password.

Our liability is limited

To the extent permitted by law, we exclude all liability to you in relation to the Jobsite (whether under these Terms or otherwise), including for special, incidental, consequential, or indirect loss (such as loss of income, profit, or savings). In any event, our total liability to you will not exceed NZD $2,500.

No misrepresentations allowed

You must not make any misleading or untrue statement, or mislead or deceive anyone (including through your Jobsite profile). We may terminate your access immediately if we reasonably consider you have breached this requirement.

Advertiser's Terms

Advertisers who use TradeMatch are also bound by the Advertising Terms of Use below.

Unenforceable terms severed

If any part of these Terms is invalid or unenforceable, that part will be severed and the remainder will continue to apply.

Governing law

These Terms are governed by New Zealand law. You and we submit to the exclusive jurisdiction of the New Zealand courts.

Advertising Terms of Use

EarnLearn TradeMatch (for employers/advertisers)

Overview

These Advertising Terms apply to an Advertiser's access to and use of TradeMatch, in addition to the general Terms and Conditions. By using TradeMatch, you agree to both sets of terms.

Who is an Advertiser

An Advertiser is any person or organisation that:

• places or intends to place an advertisement on TradeMatch
• accesses the employer Registration section
• is advised that applications for a listed role will be stored on the Advertiser's behalf in EarnLearn systems (CRM or equivalent)
• uses TradeMatch feature, or any EarnLearn product or service offered through TradeMatch, for recruitment purposes

References

"EarnLearn", "we", "us" means Energy and Infrastructure Industry Skills Board trading as EarnLearn. "You" means you, the Advertiser.

Changes to these Advertising Terms

We may modify these Advertising Terms at any time. Changes take effect immediately when posted on TradeMatch. Continued use means you accept the most recent version.

Hardware and access

You are responsible for ensuring your hardware, software, and internet connection can access and use TradeMatch.

Login and password

Employer access is via a secure username and password ("Password") issued by EarnLearn or created by you. You are responsible for:

• providing details of individuals authorised to access TradeMatch on your behalf ("Authorised Users")
• keeping all usernames and passwords confidential
• ensuring Authorised Users keep their credentials confidential
• all activity under your account
• You must not allow anyone other than an Authorised User to use your credentials. Notify us immediately of any unauthorised use or suspected breach.

Responsibility for Authorised Users

Any act or omission by an Authorised User that breaches these Advertising Terms or the general Terms is deemed a breach by you.

Duration of access

Access continues until you terminate your use or we suspend/terminate access under these Advertising Terms or the general Terms.

Placing an advertisement

You may post an advertisement ("Advertisement") that:

• relates to a genuine, current employment opportunity for which you are actively recruiting (we may request information to verify this)
• covers one vacancy only (multiple vacancies in one listing may be charged as multiple listings)
• is placed in the correct category and each data field contains only relevant information
• specifies a New Zealand location (unless we agree otherwise in writing)
• is valid for the period you select when creating the listing (default 30 days)

Content requirements

You must ensure your Advertisement:

• complies with all applicable legislation and codes (including the Fair Trading Act 1986 and Human Rights Act 1993)
• does not promote or refer to brands other than your own within the vacancy details or employer profile without our written consent

Our right to alter or remove advertisements

We may correct, recategorise, edit, or remove any Advertisement that does not meet these requirements or breaches these Advertising Terms or the general Terms. We may reject or remove any Advertisement at our discretion.

Restrictions on use of TradeMatch

You must use TradeMatch lawfully and comply with all relevant legislation (including the Privacy Act 2020). You must not:

• modify, copy, reproduce, republish, upload, post, transmit, or distribute Jobsite material (including code/software) except as permitted
• upload, download, store, or make available data that is unlawful, offensive, defamatory, or otherwise objectionable
• use data-mining, robots, screen-scraping, or similar automated tools without our written consent
• ask or require any candidate to pay any fee to apply for a role
• use any Jobsite feature to send unsolicited commercial electronic messages

Privacy of candidates’ information

Candidates provide personal information to find and pursue jobs. You may use candidate information only for recruitment relating to the specific role(s) advertised and must handle it in accordance with the Privacy Act 2020 and your own privacy obligations.

Misuse of candidate information

Prohibited uses include (without limitation):

• selling or promoting services/products (e.g., courses, tools) to candidates using their TradeMatch details
• sharing candidate personal information with any other party unless you have written consent from EarnLearn or the candidate

Suspension or termination for misuse

If we believe you have misused candidate data, we may:

• suspend or terminate your account immediately
• suspend or terminate the account of any party that received candidate data from you
• report the misuse to relevant authorities, including the Office of the Privacy Commissioner

Requests for personal information

If we receive a candidate request to access or correct personal information you hold, we will pass it on to you. You must respond in accordance with the Privacy Act 2020.

Ownership of data and licence to EarnLearn

All data stored on TradeMatch on your behalf is owned by you. You grant EarnLearn a perpetual, non-exclusive, irrevocable licence to use stored data to:

• meet internal reporting requirements
• compile statistics about TradeMatch use
• analyse user behaviour and trends
• prepare aggregated, de-identified reports
• improve Jobsite functionality, services, and user experience

Your warranties

You warrant that you:

• have legal capacity to agree to and comply with these Advertising Terms
• will not infringe third-party rights with your Advertisements or materials
• will ensure files uploaded or provided are free of viruses/malware
• will not use the Jobsite for any unlawful purpose
• will comply with these Advertising Terms and the general Terms

Indemnity

You indemnify EarnLearn, its officers, employees, and agents against all claims, liabilities, costs, damages, and expenses arising from:

• any breach of these Advertising Terms or the general Terms by you
• any breach of the privacy-related clauses above or the Privacy Act 2020
• any negligent act or omission by you
• any Advertisement you post

What EarnLearn does (and doesn’t) do

TradeMatch is a medium connecting jobseekers with Advertisers. EarnLearn:

• does not vet (and is not responsible for vetting) candidates or their representations
• will use reasonable efforts to publish your Advertisement promptly
• accepts no responsibility for errors in your Advertisement (you must check your listing once live)
• may change the Jobsite’s functionality or appearance, including mobile display, without notice
• may promote your job listing(s) (e.g., social media or email) to increase visibility and encourage applications

Termination

We may suspend or terminate your access immediately if we consider you have breached these Advertising Terms or the general Terms.

Action on termination

If we terminate your access, we will, within 20 Business Days, forward all applications and associated information stored on your behalf to your nominated email address.

Survival

Provisions that by their nature are intended to survive termination will continue to apply.

Assignment

You may not assign or transfer your rights or obligations under these Advertising Terms without our prior written consent (not to be unreasonably withheld). A change in effective control of a company is treated as an assignment.

Severability

If any part of these Advertising Terms is invalid or unenforceable, that part will be severed and the remainder will continue to apply.

Governing law

These Advertising Terms are governed by New Zealand law. You and we submit to the exclusive jurisdiction of the New Zealand courts.

Expiring advertisements

Each job listing is valid for the duration you select when creating the listing (default 30 days). Listings automatically expire no later than 90 days from the creation date unless extended. Reminder emails may be sent to the listing author with an option to extend - ensure your contact details are correct and that our emails can be received.