We are the Student Hand Limited (“we”, “us”, “our”, “the Student Hand”) and you are either a student (“you”, “your”, “student”, “user”, “employee”) or a business (“you”, “your”, “user”, “business”, “employer”) who is interested in our Services.
Whether you are a student or a business, the below Terms and Conditions (“T&Cs”, “Terms”, “Terms and Conditions”) apply to you. Please read them carefully.
However, these T&Cs are not everything that applies to you! If you are a business, you will need to refer to your Business Contact and if you are a student, you will need to refer to your Student Waiver. Whether you are a student or a business, you will also need to refer to our Privacy Policy. These T&Cs are in addition to and not in substitution of the terms in your Business Contact or Student Waiver, and the Privacy Policy.
1.1. Account means the Business Portal or the Student Profile, or both, as the context permits.
1.2. Business Portal means the personalised online profile and interactive space for businesses.
1.3. Privacy Policy means Privacy Policy as published on the Student Hand Website from time to time.
1.4. Intellectual Property means, in respect of any person, all intellectual and industrial property rights and interests (including common law rights and interests) owned or held by that person, or lawfully used by that person, including, without limitation:
(a) patents, trademarks, service marks, copyright, registered designs, trade names, symbols, and logos;
(b) patent applications and applications to register trademarks, service marks and designs; and
(c) formulae, methods, plans, data, drawings, specifications, characteristics, equipment, designs, inventions, discoveries, improvements, know-how, experience, software products, trade secrets, price lists, costings, brochures and other information used by that person.
1.5. Hire means the event of a Notice of Hire being sent, irrespective of the status of employment under law.
1.6. Notice of Hire (Intern or Graduate) means the notification sent through the Business Portal by the Business upon the successful hire of the Selected Student Candidates, and does not create any representation or offer under employment law.
1.7. Services means the services described in Schedule 1.
1.8. Selected Student Candidates means the five (5) students presented to a business in the course of the Services (but can also mean any other student from the Student Database or in connection with the Student Hand and interviewed or hired by the business).
1.9. Student Profile means personalised online profile and interactive space for students.
1.10. Student Database means the collection of Student Profiles on the Student Hand database.
1.11. Website means the Student Hands website and if more than one, all those websites.
2.1. Use of our Services and this Website is subject to these Terms and Conditions, the Business Contract, the Student Waiver, the Privacy Policy, any specific term communicated through the Website, and all applicable laws.
2.2. These Terms and Conditions will apply when you access and browse the Website, create a Student Profile, create a Business Portal, attempt to create an account, utilising the Website and our Services, attempting to utilise the Website and our Services, and when you communicate with the Student Hand.
2.3. By viewing and using the Website, or by engaging in any of the activities mentioned in clause 2.2 above. you are considered to agree to these Terms and Conditions without qualification.
2.4. If you do not agree to be bound by these Terms and Conditions, you must stop accessing and using our Website.
2.5. We reserve the right to change these Terms and Conditions at any time by notifying users of the existence of the amended Terms and Conditions through our website.
2.6. If you do not wish to accept the Terms and Conditions or accept the new Terms and Conditions in accordance with clause 2.5, please do not continue to use the Website and our services. If you continue to use the Website and the services, your use will indicate your agreement to be bound by the relevant Terms and Conditions.
3.1. Please see our Privacy Policy, which is to be read alongside these Terms and Conditions.
4.1. The laws of New Zealand govern this Website and our Services. We make no representation that this Website, our Services, or any material provided by us is appropriate for any jurisdiction other than New Zealand.
4.2. If you are using this Website or our Services from another jurisdiction, you do so on your own initiative and you are responsible for compliance with any applicable laws of that jurisdiction, you will be solely responsible for your compliance with the laws of your jurisdiction and will be deemed to have acknowledged that our Services/Website may not be applicable for you.
4.3. These Terms and Conditions are governed by and will be construed in accordance with the laws of New Zealand and you submit to the exclusive jurisdiction of the courts of New Zealand.
5.1. By making an Account with us, you are confirming to us that you are capable of entering into a contract with us based on these Terms and Conditions, and either the Business Contract or the Student Waiver as applicable.
5.2. By making an Account you consent to receiving marketing, promotional and other material by way of electronic messages from us.
5.3. You are responsible for ensuring that all the details you provide to us upon registration of your Account or other use of our Services are correct and complete.
5.4. If there is any change to the information that you have provided us in your Account it is your obligation to update your details.
5.5. If in the course of creating your Account, you are asked to create account log in details and passwords, you must keep these confidential and immediately disclose to us if you have passed these details to any third party.
5.6. You will ensure that all usernames and passwords required to access our website and your Account are kept secure and confidential and you will notify us immediately of any unauthorized use of your password or any other breach of security. You must not transfer your Account to another user or maintain more than one account with us without our consent.
5.7. If you disclose your log-in details to any third party, or have not maintained the confidentiality of your log in details, you fully indemnify us for any loss or damage we may face from the unauthorised access to your Account.
5.8. As it is your responsibility to maintain the confidentiality of your log-in details, you will remain responsible for all activity, representations and use of your Account, regardless of whether it can be attributed to you or a third party.
6.1. You may not use our Website, your Account or the Services for any of the following purposes:
(a) Be for, or to encourage, any unlawful purpose;
(b) Post or transmit any inaccurate, incomplete or false information;
(c) Disseminating any unlawful, illegal, discriminatory, abusive, threatening, harmful, obscene, harassing or otherwise objectionable material or otherwise breach any laws;
(d) Transmit any material which contains any virus or other disabling device which may interfere with the website;
(e) Transmit any material which may alter or delete any information which you do not have authority to alter or delete;
(f) Transmit any information which may overload the Website, or use any device, routine or software to crash, delay or otherwise damage the site;
(g) Interfering with any other persons, use or enjoyment of the Website or our services;
(h) Any breach of the copyright or other intellectual property terms as provided in clause 7.
(i) Post any information on behalf of another party.
7.1. In addition to the terms and conditions of the Business Contract and Student Waiver:
(a) The Student Hand (or our suppliers) owns all intellectual property rights associated with our Services, published materials, advertising, and our Website.
(b) You are not permitted to incorporate the material or any part of it in any other work or publication (whether in hard copy, electronic or any other form) without our prior written consent.
(c) No content or material may be reproduced, adapted, linked to, distributed or used in any way by you without the prior written consent of the Student Hand.
(d) You acknowledge and agree that all content and material available on our Website and provided in the course of our Services are protected by copyright, trademark or other applicable intellectual property rights and laws.
(e) You may not frame any part of our Website material by including advertising or other revenue generating material.
(f) Further, you may not remove or alter any trademarks or logos that appear on any material on our website.
(g) The only permitted use is for your personal, noncommercial, reasonable use in the course of accessing our Services. You may not download, copy or print any of the pages of the Website except for your own personal use and provided you keep intact all copyright and proprietary notices. You may not edit or modify, or attempt to edit or modify, any intellectual property of the Student Hand.
(h) We do not own any pre-existing intellectual property owned by you but in the course of using our Services you agree to provide us with a perpetual, nontransferable, royalty free licence to use your intellectual property in the course of providing our services.
8.1. We may, limited only any terms to the contrary in the Business Contract (if any), at our sole discretion, suspend or terminate your Account and limit your access to our Website if you are in breach of any terms of these Terms and Conditions, including but not limited to clause 5, 6 and 7.
8.2. We will not be responsible for any loss incurred by you by the terminate of your Account and any fees or payments owed to the Student Hand by you will still be owing.
8.3. Even after you no longer have an Account, of these Terms and Conditions that are capable of surviving will remain in effect.
9.1. Any dealings with any advertiser appearing on our Website are solely between you and the advertiser or other third party. We are not responsible or liable for any part of any dealings or promotions.
9.2. The contents of our Website may include links to third party materials. We will not be responsible for the content of any linked sites or liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with third parties. The linked sites are provided to you only as a convenience, and the inclusion of any linked site does not imply any endorsement of it by us or any association with its operators. We reserve the right to prohibit links to our website and you agree to remove or cease any link on our request.
10.1. If you use any communication tools available through our Website, you agree only to use those communication tools for lawful and legitimate purposes and in accordance with clause 5, 6 and 7.
10.2. You must not use any communication tool for posting or disseminating any material unrelated to the use of our Website, including (without limitation) the offer of goods or services for sale, files that may damage any other person’s computing devices or software, content that may be offensive to any other users of our website, or material or data in violation of any law (including data or other material that is protected by copyright or trade secrets which you do not have the right to use). When you make any communication on our Website, you represent that you own the content of the communication.
10.3. We are under no obligation to ensure that the communications on our Website are legitimate and we are not able to monitor communications at all times.
10.4. We reserve the right to remove any communication at any time in our sole discretion.
10.5. Please report any objectionable information to us at: lewis@thestudenthand.com
11.1. To the fullest extent permitted by law, we exclude all liability for any loss or damage that results from your use of our Website and any Services we provide, including from all express and implied warranties and representations.
11.2. We will not be responsible for errors or misstatements or be liable, whether in contract, tort (including negligence) or otherwise, for any loss or damage however caused (including indirect, consequential or special loss or damage, or loss of profits, loss of data, loss of anticipated savings or loss of opportunity).
11.3. We strongly recommend that prior to entering into any agreement with any of the Businesses or students on our Websites and through our Services, that you obtain your own independent legal, accounting, financial or taxation advice as appropriate.
11.4. If you are a consumer using our website for non-business activities then nothing in these terms and conditions is intended to abrogate any rights you might have under the Consumer Guarantees Act 1993 (if any).
11.5. If for any reason the Student Hand is responsible for any damage or harm arising out of your use of our services or the Website, in no event shall the Student Hand’s total liability for any and all damages, losses or causes of action exceed the amount paid by you, if any, for accessing the services and the Website.
11.6. While we have endeavoured to ensure that the content and material on our Website and provided through our Services are correct and accurate, it is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through our Website by Businesses or Students.
11.7. To the maximum extent permitted by law, we are not responsible for Accounts, the quality, safety or legality of the jobs or student information posted, the truth or accuracy of the job listings or student profiles, the ability of Businesses to offer job opportunities to student or the ability of students to fill job openings and we make no representations about any jobs, Accounts or user content on our Website.
11.8. Note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretences. You assume all risks associated with dealing with students or businesses with whom you come in contact through our Websites and Services. Other people’s information may be offensive, harmful or inaccurate, and in some cases may be mislabelled or deceptively labelled. We expect that you will use caution and common sense when using our Website and Services.
11.9. We do not endorse or recommend any of the jobs or position offered by Businesses. Nothing on our Websites and Services shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its websites, products, services, hiring, experience, employment or recruiting practices, or otherwise.
12.1. Your use of the Website and our Services is completely at your own risk.
12.2. While the Student Hand aims to offer you the best possible services, we make no guarantee that our Website or Services will meet your requirements or will be available at all times.
12.3. Any informational content on our Website is provided for general information only. You should obtain professional or specialist advice before taking or refraining from any action on the basis of any information on this site.
12.4. The Student Hand makes no guarantee that the information provided in the Business Portal, Student Profile, Student Database or Selected Student Candidates is correct or accurate. The Student Hand will make reasonable efforts to verify information provide to the Student Hand by third parties, we make no warranty as to the correctness, accuracy, adequacy or suitability of the content and material provided.
12.5. Nothing in these Terms and Conditions, or provided on the Website, or provided in the course of our provision of Services, is commercial, financial or legal advice.
12.6. You agree that the Student Hand is not responsible for any loss, damage or harm arising out of your use of our Services, reliance on any information, content and material, provided on the Website or in the course of our Services, on the use of our Services, or in discussion with the Student Hand.
12.7. You agree that any and all warranties, representations and advice (express or implied), are excluded to the fullest extent permitted by law.
12.8. None of these, any of our employees or agents, or any party involved in creating, producing or delivering the Website and our Services, is liable for any direct, incidental, consequential, indirect or punitive damages, which are excluded to the fullest extent permitted by law, arising out of your access or use or inability to use our Services or the Website.
13.1. You will take all necessary action to defend and indemnify us and our directors, employees and agents against all costs, expenses and damages incurred in connection with any claim brought by a third party against us that arise from a breach by you of any of these Terms and Conditions.
13.2. We shall provide notice to you promptly of any such claim, suit or proceeding.
14.1. These Terms and Conditions in conjunction with our Privacy Policy, the Student Waiver and the Business Contract, form the entire agreement between us and you relating to our website and your use of the Services and supersedes and cancels any previous agreement, understanding or arrangement whether written or oral.
14.2. If at any time we do not enforce any of these Terms or Conditions, or grant you time or any other indulgence, we will not be construed as having waived that Term or Condition or our rights to later enforce that, or any other, Term or Condition
14.3. Further, if any part or provision of these Terms and Conditions is considered to be invalid, unenforceable or in conflict with the law, that part or provision is deemed to be modified by a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remaining terms and conditions will continue to be binding on the parties.
14.4. These Terms and Conditions are governed by and will be construed in accordance with the laws of New Zealand and you submit to the exclusive jurisdiction of the courts of New Zealand.
The Student Hand provides to businesses:
The Student Hand provides to students:
