Welcome toPreviewMe New Zealand Limited’s (“PreviewMe”, “we”, “us” or “our”) website. We are a technology company that provides its members with a platform tocreate, share and request video content for Business Development, Sales and Job Applications / Employment Opportunities (“Opportunities”).
This User Agreement (“Agreement”) governs your access to and use of PreviewMe’s:
(a) website, being www.previewme.com or such other websites (at other addresses) as are made available by us from time to time, and our related mobile apps (“Website”); and
(b) services, premium services or any content, analytics or any other information provided as part of these services that we make available to you,
(collectively our “Services”).
1.1.1. By accessing, using or registering to use our Services, you agree to follow and be bound by this Agreement and our Privacy Policy. If you do not agree to these terms and conditions you must cease using the Services immediately.
1.1.2. If you register on behalf of a company, then you agree to be bound by this Agreement both in your personal capacity and on behalf of the company that you represent, and agree and warrant that you have the legal capacity and power to agree and be bound by this Agreement and perform the obligations under it.
1.1.3. This Agreement may change at PreviewMe’s sole discretion and we will notify you of any changes made in accordance with clause 2.5. If you do not agree to be bound by the amended Agreement, you must not access or otherwise use any of the Services.
1.1.4. Registered users of our Services are referred to as “Members” in this Agreement and non-registered users are referred to as “Visitors”. You may use the Services only in accordance with this Agreement.
2.1.1. By accessing and using our Services, you agree that:
2.1.1.1. you are the Minimum Age (as defined below in clause 2.1.2);
2.1.1.2. if you register with us in your personal capacity you will only have 1 (one) PreviewMe account and your name, other descriptions in your account and profile, and any other information you provide at our request, are true and accurate; and
2.1.1.3. if you register with us on behalf of a business you may have multiple PreviewMe business accounts. Whether you have 1 (one) or more business accounts, your name, the business (or space) name, your team member details, other descriptions in the account, and any other information you provide at our request, are true and accurate.
2.1.2. Minimum Age means over the age of 11 years old. However, if a law requires that you must be older in order for us to lawfully provide the Services to you (including the collection, storage and use of your personal information) then the Minimum Age is that older age.
2.2.1. To become a Member, you must provide us with a first name, last name, verified email address, password and any other information we request to assist the tailoring of our Services to you. As a Member you agree to:
2.2.1.1. keep your password a secret;
2.2.1.2. not share an account with anyone else except as otherwise permitted under this Agreement;
2.2.1.3. be entirely responsible for all activities that occur under your account;
2.2.1.4. agree to immediately notify PreviewMe of any unauthorised use of your login or any other breach of security known to you; and
2.2.1.5. pay the fees relevant to your membership as set out on the Website which may be amended by us from time to time.
2.2.2. As a Member you may:
2.2.2.1. change your profile, password and contact details at any time by following the instructions on our Website;
2.2.2.2. delete Services attached to your membership at your own convenience.
With certain communications you send on our Services, the recipient can see your name, email address, and some network information.
Many communications that Members initiate through our Services will list your name in the primary header of the message. Messages you initiate may also provide the recipient with aggregate information about you or the company you represent.
Profile information is private by design until the Member does one or more of the following actions:
2.3.1. PreviewMe is trusted by its Members and Visitors and PreviewMe trusts you to use the Services responsibly. You must not, and must not attempt to, do the following:
2.3.1.1. use the Services for any unlawful purposes or for promotion of illegal activities;
2.3.1.2. publish, share or otherwise deal with information on the Services in violation of any applicable laws of New Zealand or any other relevant jurisdiction, including intellectual property laws, privacy laws or any contractual obligation;
2.3.1.3. impersonate another person or an entity through the Services or otherwise misrepresent your affiliation with a person or entity in a manner that does or is intended to mislead, confuse or deceive others;
2.3.1.4. publish or share another Member’s or Visitor’s private or personally identifiable information without their express authorisation and permission;
2.3.1.5. use any feature of the Services to send unsolicited commercial electronic messages in breach of any laws, including the Unsolicited Electronic Messages Act 2007;
2.3.1.6. publish or link malicious content or information intended to damage or disrupt other Members’ or Visitors’ browsers or computers or to compromise privacy;
2.3.1.7. access, tamper with, or use non-public areas of the Services, including PreviewMe’s computer systems and the technical delivery systems of PreviewMe’s providers or partners;
2.3.1.8. probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures, access or search the Services by any means other than PreviewMe’s publicly supported interfaces;
2.3.1.9. forge any part of the header of any information published or shared, or use the Service in any way to send altered, deceptive or false information;
2.3.1.10. interfere with, or disrupt, the access of any Member or Visitor, host or network, including without limitation, sending viruses, overloading, flooding, spamming, mail-bombing the Service, or using the Service in such a manner as to interfere or create an undue burden on the Service;
2.3.1.11. use the Services or the Website to upload, download, transact, store or make available data that is unlawful, harassing, threatening, harmful, tortious, defamatory, libellous, abusive, violent, obscene, invasive, of another’s privacy, racially or ethnically offensive or otherwise in our opinion objectionable or damaging to PreviewMe, its Members, Visitors or persons generally; and
2.3.1.12. use data mining, robots, screen scraping, or similar automated data gathering, extraction or publication tools on the Website (including without limitation for the purposes of establishing, maintaining, advancing or reproducing information contained on our Website on another website or in any other publication), without our prior written approval.
2.3.2. Members and Visitors who are located outside New Zealand agree to comply with all local laws regarding online conduct and acceptable content and information.
2.4.1. All content and information that you provide to us via the Service, whether publicly visible or privately transmitted to us through messages, notifications or electronic mail (“Member Information”) is solely your responsibility. PreviewMe does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Member Information shared via the Service or endorse any opinions expressed via the Service.
2.4.2. If you use or rely on any content or materials shared via the Service or obtained by you through the Service, whether it is content that we provide or Member Information that other Members provide through our Service (collectively “Content”), it is at your own risk. To the fullest extent permitted by law, under no circumstances will PreviewMe be liable in any way for the Content, or any loss or damage of any kind incurred as a result of the use of any Content provided through the Services.
2.4.3. You agree that you are responsible for your use of the Service and warrant that you have all the rights, power and authority in respect of any Member Information that you provide to us including all necessary rights to upload the Member Information in accordance with this Agreement.
2.4.4. You agree that Content contained on the Website is for personal use or otherwise as permitted by this Agreement only and may not be sold, redistributed or used for any commercial purpose.
2.5.1. From time to time we may provide you with important notices by email or via our Website.
2.5.2. You agree that we may provide notices to you in the following ways:
2.5.2.1. banner notices on our Service;
2.5.2.2. PreviewMe messages and notifications on the Service;
2.5.2.3. email sent to an email address you provide; or
2.5.2.4. through other means including mobile number, telephone, or mail.
2.5.3. You agree to keep your contact information up to date on your account profile.
2.6.1. Our Services allow messaging and sharing of information in a number of ways including through your Member profile via Previews (see clause 4 below), applying for Opportunities created by other Members via Invitations (see clause 5 below) and messaging either between Members or amongst team members (where permitted) . Information and Content you share may be seen by other Members, or, if public, by Visitors.
2.6.2. Where we have made settings available, we will honour the choices you make about who can see content or information. This includes limiting the visibility of your profile from public view and restricting your profile information.
2.6.3. Where a Member communicates an interest or shares a Preview with another Member about an Opportunity, all members registered as team members to that Opportunity in that Member account will receive the communication (where permitted). You agree that if your Member Information is made available to another Member, it may be retained by that Member in relation to any Opportunity:
(i) you have enquired about and/or applied for; and/or
(ii) that the Member may publish in the future and that it considers may be of interest to you.
2.6.4. If you are subject to a harmful communication that contravenes the communication principles of the Harmful Digital Communications Act 2015 or similar laws, you can report the communication via the PreviewMe contact page at [www.previewme.com/contact-us].
2.6.5. PreviewMe takes your privacy seriously and is committed to ensuring that the privacy and integrity of any personal information (as defined in the Privacy Act 2020) you provide to us is protected. By using our Services, you are agreeing to us and any of our affiliates to collect, hold, use and share your personal information in accordance with our Privacy Policy. There does remain the possibility that such personal information is unlawfully observed by a third party while in transit over the internet or while stored on the Website. PreviewMe disclaims all liability to you to the greatest extent possible should this occur.
3.1.1. All Member Information that you provide to PreviewMe and which is stored on the Website is owned by you. PreviewMe acknowledges and agrees that all rights including intellectual property rights in such Member Information belong to you, and we shall have no rights in or to such Member Information other than as expressly provided in this Agreement.
3.1.2. You grant PreviewMe and our affiliates a non-exclusive licence to use your Member Information to:
3.1.2.1. manage internal reporting requirements;
3.1.2.2. collate statistical information about the use of the Website and submission of online applications;
3.1.2.3. analyse the behaviour on the Website;
3.1.2.4. obtain and analyse high level trends and prepare reports and analytics relating thereto;
3.1.2.5. improve the user experience of our Services; and
3.1.2.6. otherwise use in accordance with our Privacy Policy.The licence is a worldwide, transferrable and sub-licensable right to use, copy, modify, distribute, publish and process Member Information that you provide through our Services, without any further consent, notice and/or compensation to you or others.
3.1.3. The licence granted to PreviewMe set out in 3.1.2 may be terminated by:
3.1.3.1. the Member deleting such Member Information from the Services; or
3.1.3.2. terminating this Agreement in accordance with clause 10.
3.1.4. PreviewMe will not include any Member Information in advertisements for products and services of others without your separate consent. However, we have the right, without compensation to you or others, to display advertisements (at PreviewMe’s own discretion) near your Member Information.
3.1.5. Because you own your Member Information and we only have non-exclusive rights to it, you may choose to make it available to others, for example, you may choose to create and share Previews containing your Member Information to increase visibility to Members who have posted Opportunities, in which case we may also use such public Member Information for our own purposes.
3.1.6. You agree that PreviewMe and our affiliates may access, store and use any Information that you provide in accordance with this Agreement, the Privacy Policy and your privacy settings.
3.2.1. PreviewMe may change, suspend or end any Service, or change and modify prices at PreviewMe’s sole discretion. We can make these changes without prior notice to you. However, where the change is significant we will use reasonable endeavours to tell you about the change by giving notice to you pursuant to clause 2.5.2.
3.2.2. PreviewMe provides no warranty that the Services will be available, uninterrupted or error-free or that defects in the Service will be corrected.
3.2.3. PreviewMe does not guarantee or warrant that Content made available through the Website or transmitted by electronic mail will be free of infection or viruses, malware, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any data lost.
3.3.1. Information provided by PreviewMe in any form or through any medium does not constitute professional advice.
3.3.2. You acknowledge and agree that information published by PreviewMe is intended to provide general information only. This includes, but is not limited to, guidance for registration, member profile (including video) creation and Opportunity creation.
3.3.3. PreviewMe does not endorse or recommend any of the Opportunities published and advertised on the Website and PreviewMe recommends that prior to entering into any agreement with any Member that you obtain your own independent human resources, legal, accounting, financial, taxation or other professional advice as appropriate.
3.3.4. It is the Member’s sole responsibility to evaluate the accuracy, completeness and currency of all opinions, advice, services, guidance and other information provided through the Services.
3.3.5. PreviewMe provides links, pointers and guidance to websites maintained by third parties from the Website. Such linked sites are not under the control of PreviewMe and PreviewMe is not responsible for the content, material or advertisements of any linked website or any link contained in a linked website.
3.3.6. PreviewMe provides links to third parties websites to you only as a convenience, and the inclusion of any link to a website does not imply endorsement or approval by PreviewMe of content, material or advertisements of the linked website.
3.3.7. PreviewMe will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any Member Information, third party content, or third party service provided by any third party.
3.4.1. Subject to this Agreement, PreviewMe grants Members a non-assignable, non-sublicensable, non-exclusive and revocable licence to use the Service.
3.4.2. PreviewMe, its related companies and/or their licensors reserve all intellectual property rights in the Services. This includes trade marks, rights in domain names, copyright, patents, registered designs, circuit layouts, rights in computer software, databases and lists, rights in inventions, confidential information, know how and trade secrets, operating manuals, quality manuals and all other intellectual property, in each case whether registered or unregistered (including applications for the grant of any of the foregoing) and all rights or forms of protection having equivalent or similar effect to any of the foregoing which may subsist anywhere in the world, including the goodwill associated with the foregoing and all rights of action, powers and benefits in respect of the same, all code and software that forms part of the Services.
3.4.3. Except as otherwise permitted under this Agreement you may not modify, copy, reproduce, republish, upload, post, transmit or dilute in anyway any material from the Website or our Services.
4.1. Previews are created, published and shared can be any Member and contain textual, video and other information to help that Member promote themselves more effectively for Opportunities.
4.2. Specifically, Previews:
4.2.1. Can be shared on the Website in response to Invitations created by other Members or as a link on an external website, social media and telecommunications channels or externally hosted application form;
4.2.2. Are managed and controlled solely by you as the creator of the Preview;
4.2.3. Let you use the same information in multiple Previews simultaneously;
4.2.4. Can be unpublished at your discretion thereby revoking access to the information contained in the Preview to any other Member or third party with whom the Preview had been shared (either on the Website or as a link on an external website or externally hosted application form).
4.3. If you submit a Preview via an Invitation as set out in clause 5 below, you authorise the Member who created the Invitation to review your Preview.
4.4. It is your responsibility to carry out any due diligence on the authenticity of any Opportunities that you create, publish and share a Preview for.
5.1. Invitations to apply for Opportunities (“Invitations”) can be created by Members as a way of asking for Previews as part of the application and review process on the Website or when using an external website or an externally hosted application process.
5.2. You must ensure that all Invitations, and the Opportunities to which they pertain, that are published on the Website comply with all applicable legislation, regulations, by-laws, ordinances and codes of conduct. You must also ensure that your Invitations do not infringe the intellectual property rights of a third party.
5.3. You must adhere to the principles of truth in advertising set out in the Recruitment and Consulting Services Association’s Code for Professional Practice (if applicable).
5.4. You are not permitted to insert links to an external website or an externally hosted application form:
5.4.1. within the details of the Invitation; or
5.4.2. within or from a previously approved externally hosted application form, without PreviewMe’s express written approval which may be granted or withheld or withdrawn at PreviewMe’s sole discretion.
5.5. You may only create and share Invitations in respect of a genuine Opportunity that is current as at the time of creating and sharing the Invitation, and for which you are currently recruiting. PreviewMe reserves the right to request any information from you that it deems necessary to verify that a genuine Opportunity exists.
5.6. Without limiting clause 9.1 below you acknowledge and agree that PreviewMe does not warrant, represent or guarantee that the publication of any Invitation will result in any enquiries or submissions by any Member or other person, or the placement of a Member or any other person in the relevant Opportunity.
6.1. PreviewMe provides as part of its Service the ability for the Members who create and share an Invitation to review Member Previews (“Review Services”) within the Website including reviewing textual, video and other information supplied by the Member as part of the Invitation process.
6.2. You authorise PreviewMe to store and retain all Member Previews submitted in response to the relevant Invitation on your behalf.
6.3. Subject to any consent required by the Member who shared a Preview as part of the Invitation process and your payment of any fees/charges associated with our Service, you may choose to retain Member Previews within your Account after an Invitation has expired. The level of communication is determined between you and the Member.
6.4. Before using our Review Services in respect of Member Previews, you must ensure that you:
6.4.1. keep all personal information relating to the Member safe and secure;
6.4.2. do not use any of the information contained in Member applications for purposes other than reviewing the Member applications for a genuine Opportunity;
6.4.3. only use the Review Services to communicate with Candidate Members for Opportunities and provide any updates and notifications;
6.4.4. have expressly obtained the consent of every individual whose personal information you review as as part of the Review Services to such usage and any other usage;
6.4.5. have fully disclosed to such individuals the purpose for which their personal information has been collected by you;
6.4.6. have otherwise fully complied with your obligations under the Privacy Act 2020 in respect of the collection and storage of such information.
7.1. You are responsible for ensuring that you have the necessary computer hardware, software systems, and internet services in place to access and utilise the Website.
8.1. PreviewMe will give notice of changes to fees and/or payment for Services. Changes to fees and/or payment for Services are made at PreviewMe’s sole discretion.
8.2. You will pay for the Services that PreviewMe provides that require payment, regardless of whether or not you utilise those Services. If you do not provide PreviewMe with the necessary materials or information for PreviewMe to deliver these Services to you, you are still liable to PreviewMe for full payment.
8.3. Payments using credit cards may incur an extra nominal charge of approximately 2.9% of the payment amount plus a transaction fee of approximately NZD$0.30 per transaction. The rates are the same that PreviewMe is charged by the credit card merchant used by PreviewMe.
8.4. PreviewMe may charge interest on late payments at its applicable bank interest rate plus any costs we incur as a result of collecting your payment.
8.5. If you do not pay your account on time, PreviewMe may, without liability, disable and/or delete your account without notice and refuse to supply you with further Services.
8.6. You agree that pursuant to the Credit Reporting Privacy Code 2004, PreviewMe may obtain from a credit reporter or other credit providers credit information about you or your other directors or a credit report about you for the purpose of collecting overdue payments relating to debt owed by you.
8.7. You agree that PreviewMe may disclose any default payment and related information to a credit reporter.
9.1. No Warranty
9.1.1. You acknowledge that, except for those warranties or representations that cannot be excluded by law (including under the Consumer Guarantees Act 1993), the Services are provided on an “as is” basis and all representations, conditions or warranties in respect of the Service (whether express or implied, statutory or otherwise, and including warranties of merchantability and fitness for a particular purpose) are expressly excluded.
9.2. Exclusion of Liability
9.2.1. To the maximum extent permitted by law, PreviewMe shall not be liable in tort (including negligence), contract, breach of statutory duty or otherwise for any direct, indirect, incidental, special, consequential or punitive damages, or any loss or destruction of data, opportunities, reputation, profits or revenues, related to the Services or arising out of or in connection with this Agreement.
9.2.2. If, notwithstanding clause 9.2.1, we are found to be liable to you for any form of loss or damage, then to the maximum extent permitted by law, our maximum aggregate liability to you will not exceed the fees paid by you to us for the Services in the six months prior to the date on which the claim arose (if applicable).
10.1.1. PreviewMe reserves the right to limit the use of the Services. This includes the right to restrict, suspend or terminate your account without notice if PreviewMe believes that you may be in breach of this Agreement or law or are misusing the Services.
10.1.2. PreviewMe or the Member may terminate this Agreement at any time upon notice to the other, or in the case of the Member, that Member choosing to close its account through the Settings Tab from located next to the dashboard of the Member’s account on PreviewMe. On termination, the Member loses the right to access or use certain parts of the Services provided to Members only.
10.1.3. Termination of the Agreement as a result of you breaching one or more terms of this Agreement will not terminate those provisions of these Agreement capable of surviving termination. For example, any amounts owed by either party prior to termination remain owed after termination.
11.1. Partial Invalidity
11.1.1. If any provision of this Agreement or its application to any party or circumstance is or becomes invalid or unenforceable to any extent, the remainder of this Agreement and its application will not be affected and will remain enforceable to the greatest extent permitted by law.
11.2. Assignment
11.2.1. You may not assign or transfer your rights and obligations under this Agreement to any entity without PreviewMe’s written approval. If you are a company, any change in your effective control shall be deemed an assignment for the purpose of this clause.
11.2.2. You agree that PreviewMe may assign, transfer and/or sub-contract its rights and/or obligations under this Agreement to any third party without your consent.
11.2.3. There are no third party beneficiaries to this Agreement.
11.3. Waiver
11.3.1. No exercise or failure to exercise or delay in exercising any right or remedy by PreviewMe will constitute a waiver by PreviewMe of that or any other right or remedy available to it.
11.4. Governing Law
11.4.1. This Agreement is governed by the laws of New Zealand and the courts of New Zealand have exclusive jurisdiction in respect of any matter concerning use of our Services.
