User Agreement

Last Updated 12 February 2017

1 Agreement to Terms

You agree that by clicking “Join Now”, “Sign Up” or similar, registering, accessing or using our services (“Services”), you are entering into a legally binding agreement (even if you are using our Services on behalf of a company). Your agreement is with Urnextgig Limited (“Urnextgig”), a lawfully incorporated company in New Zealand.

This “Agreement” includes this User Agreement and the Privacy Policy, and other terms that will be displayed to you at the time you first use certain features (e.g. when confirming a work experience, purchasing job advertisements, etc.), as may be amended by Urnextgig from time to time.

If you do not agree to this Agreement, do NOT click “Join Now” (or similar) and do not access or otherwise use any of our Services.

Registered users of our Services are “Members” and unregistered users are “Visitors”. This Agreement applies to both.

2 Service Eligibility

To use the Services you agree

- that you must be of “Minimum Age” or older

- that you will have only one Urnextgig account and this account is in your real name

- that you have not been already restricted from using our Services

“Minimum” age means that you are 13 years old. If law requires that you must be older in order for Urnextgig to lawfully provide the Services to you then the Minimum age is such older age.

3 Your Membership

Your account belongs to you. You agree to

- try to choose a strong and secure password

- keep your password secure and confidential

- not transfer any part of your account, e.g. team members, dream teams, work experiences, etc.

- follow the law and the provisions of this Agreement

You are responsible for anything that happens through your account unless you close it or report misuse.

4 Intellectual Property Rights

4.1 General

Urnextgig reserves all of its intellectual property rights in the Services. For example, Urnextgig and the Urnextgig logo, Urnextgig trademarks, Urnextgig service marks, graphics, and logos used in connection with Urnextgig are trademarks or registered trademarks of Urnextgig. Other trademarks and logos used in connection with the Services may be the trademarks of their respective owners.

Urnextgig reserve the intellectual property in all data that is derived from content, contribution, usage, posts, etc. through the use of processing, aggregation, analysis, etc. The derived data does not include personally identifiable information.

4.2 Your License to Urnextgig

As between you and Urnextgig, you own the content and information that you submit or post to the Services and you are only granting Urnextgig the following non-exclusive license: A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:

a. You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extend you shared it with others as part of the Service and they copied or stored it and (b) for the reasonable time it takes to remove from backup or other systems.

b. We will not include your content in advertisements for the product and services of others (including sponsored content) to others without your separate consent. However, we have the right, without compensation to you or others, to serve ads near your content and information, and your comments on sponsored content may be visible as noted in the Privacy Policy.

c. We will get your consent if we want to give others the right to publish your posts beyond the Service. However, other Members and/or Visitors may access and share your content and information, consistent with your settings and degree of connection with them.

d. While we may edit and make formatting changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.

e. Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Commons license.

You agree that we may access, store and use any information that you provide in accordance with the terms of the Privacy Policy and your privacy settings.

By submitting suggestions and other feedback regarding our Services to Urnextgig, you agree that Urnextgig can use and share (but does not have to) such feedback for any purpose without compensation to you.

You agree to only provide content or information if that does not violate the law nor anyone’s rights (e.g. without violating any intellectual property rights or breaching a contract). You also agree that your profile information will be truthful. Urnextgig may be required by law to remove certain information or content in certain countries.

4.3 Third Party Copyright

If your contributions to Urnextgig include material in which copyright or other intellectual property is owned by a third party, you warrant that you have the right to use that material and to grant the license referred to in, and on the terms of clause 4.2 “Your License to Urnextgig” above.

5 Member and Visitor Material and Conduct

5.1 Unacceptable Use

You agree that you will not post or transmit to or from the Site any material that is illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy, libelous or otherwise injurious or objectionable.

You agree that you will send messages, emails and similar only to people who know you or are highly likely to recognize you, including but not limited to when adding team members, dream team members, and asking for verification of past work experiences.

5.2 Co-Operation with Authorities

Urnextgig will co-operate fully with any law enforcement authorities or court order requesting or directing Urnextgig to disclose the identity or locate anyone posting any material in breach of clause 5.1 above.

5.3 Limits

Urnextgig reserves the right to limit your use of Services, including the number of your work experiences, team members, dream team members and your ability to contact other Members. Urnextgig reserves the right to restrict, suspend, or terminate your account if Urnextgig believes that you may be in breach of this Agreement or law or are misusing the Services.

6 Moderation

6.1 Pre-Publication Moderation

Content and information that you submit or post to the Services may be moderated by one or more Urnextgig moderators before being published. Those moderators may decline to publish contributions or may modify contributions if they are considered to be either contrary to clause 5.1 or irrelevant to the purpose of the Services.

6.2 Banning Abusive Members and Visitors

Urnextgig reserves the right to suspend or terminate a Members or Visitors access or ability to submit or post content and information to the Services if Urnextgig at its sole discretion believes that the content or information represent abusive behavior.

7 Disclaimer and Limit of Liability

7.1 No Warranty

To the extent allowed under law, Urnextgig

a) disclaim all implied warranties and representations (e.g. warranties of merchantability, fitness for a particular purpose, accuracy of data, and noninfringement);

b) do not guarantee the Services will function without interruption or errors;

c) provide the Services (including content and information) on an “as is” and “as available” basis.

7.2 Exclusion of Liability

To the extent permitted by law (and unless Urnextgig has entered into a separate written agreement that supersedes this agreement), Urnextgig shall not be liable to you or others for any indirect, incidental, special, consequential or punitive damages, or any loss of data, opportunities, reputation, profits or revenues, related to the Services (e.g. offensive or defamatory statements, down time or loss, use or changes to your information or content).

In no event shall the liability of Urnextgig exceed, in the aggregate for all claims, an amount that is the lesser of

a) Five times the most recent one-off (e.g. 10-pack), monthly or yearly fee that you have paid for a Service, if any, or

b) NZ $1,000.

This limitation of liability is part of the basis of the bargain between you and Urnextgig and shall aply to all claims of liability (e.g. warranty, tort, negligence, contract, law) and even if Urnextgig is told of the possibility of any such damage, and even if these remedies fail their essential purpose.

Urnextgig provide features that link you to or provide content from other websites. While we use reasonable efforts to maintain our Services, Urnextgig are not responsible for the currency or accuracy of content on or from such other websites. Urnextgig disclaim and exclude all liability for any claim, loss, demand or damages of any kind (including for negligence) arising out of or in connection with the user of either Services or the information, content or materials included in Services or any website to which they are linked. Urnextgig provide the Services (including content and information) on an “as is” and “as available” basis.

The inclusion of a link to a third party site does not imply any endorsement of the linked website or its content or provider.

8 Revisions

We may revising this Agreement at any time. Such revisions will take effect once notified through a notice at the end of this Agreement detailing the respect(s) in which the Agreement has changed. We may also elect to place such notice on Urnextgig’s homepage.

9 Tracking of Website Usage

If you visit or otherwise use Services to read or access information or perform tasks – irrespective of whether you log in or not, are a Member or a Visitor – we collect and store statistical information about the visit.

This information includes the server address, top-level domain name, date and time of the visit, pages accessed and documents downloaded, previous sites visited, and type of browser used.

Site statistics allow us to assess how Visitors and Members access content and use Services, monitor system performance, and help us improve our Services.

Urnextgig will track website usage also to detect abusive behavior including but not limited to attempts of access or modify data without authorization.

10 Termination

Urnextgig or You may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:

- Our rights to use and disclose your feedback

- Members’ and/or Visitors’ rights to further re-share content and information you shared through the Services to the extend it was copied or re-shared prior to termination;

- Clauses 7, 11, and 12 of this Agreement;

- Any amounts owed by either party prior to the termination remain owed after termination.

11 Dispute Resolution

You agree that the laws of New Zealand shall exclusively govern any dispute relating to this Agreement and/or the Services. We both agree that all of these claims can only be litigated in New Zealand courts closest to the address of service of Urnextgig, and we each agree to personal jurisdiction in those courts.

12 General Terms

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by You except with Urnextgig’s prior written consent. Urnextgig may transfer and assign any of its rights and obligations under this Agreement without consent. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and You do not have any authority of any kind to bind Urnextgig in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.

13 How To Contact Us

If you want to send use notices or services of process, please contact us:

Online at https://www.Urnextgig.com/Home/ContactUs

Or by mail at:
Urnextgig Limited
34 Toroa Street, Torbay
Auckland 0630
New Zealand