Terms and Conditions | OnPoint Talent

OnPoint Talent Limited - Website Terms and Conditions

These Terms and Conditions govern your access to and use of the website located at www.onpointtalent.co.nz (the "Platform") operated by OnPoint Talent Limited (trading as OnPoint and OnPoint Talent), a company registered in New Zealand, with its registered address at 15211 / 17 B Farnham Street, Parnell, Auckland 1052 ("OnPoint Talent", "we", "us", or "our").

By accessing or using this Platform, you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you must not access or use the Platform. We recommend that you print or save a copy of these Terms for your records.

1. Definitions and Interpretation

1.1. Definitions

In these Terms, unless the context otherwise requires, the following expressions have the following meanings:

"Account" means a registered user account created on the Platform, whether a Job Seeker Account, Contractor Account, or Employer Account.
"AI Features" means the artificial intelligence-powered tools available on the Platform, including AI Interview Prep and AI Resume Feedback.
"Applicable Law" means all applicable laws, statutes, regulations, and codes of practice in New Zealand, including without limitation the Consumer Guarantees Act 1993, the Fair Trading Act 1986, and the Privacy Act 2020.
"Contractor" means an individual who registers on the Platform as a contractor and who may be employed by OnPoint Talent to perform work for a Host Organisation.
"Contractor Account" means an Account registered by an individual to access the Platform as a Contractor.
"Content" means any information, data, text, photographs, images, videos, documents (including CVs and resumes), job listings, profiles, and any other materials uploaded, submitted, posted, or otherwise made available on or through the Platform by a User.
"Credits" means pre-purchased units that may be redeemed for specific Services on the Platform, including Verification Check Credits.
"Effective Date" means 14 June 2026.
"Employer" means a business, organisation, or individual that registers on the Platform for the purpose of browsing candidates, advertising job vacancies, or requesting Verification Checks.
"Employer Account" means an Account registered by a business or organisation to access the Platform as an Employer.
"Fee Schedule" means the prices for paid Services as displayed on the Platform from time to time, all of which are stated in New Zealand dollars and are exclusive of GST.
"Free Account" means a Job Seeker Account or Contractor Account for which no subscription fee is charged.
"GST" means goods and services tax as defined in the Goods and Services Tax Act 1985.
"Host Organisation" means an Employer or other third party to which a Contractor is assigned to perform work under a managed contractor arrangement with OnPoint Talent.
"Job Seeker" means an individual who registers on the Platform to search for employment opportunities, apply for jobs, or access related Services.
"Job Seeker Account" means an Account registered by an individual to access the Platform as a Job Seeker, which may be a Free Account or a Premium Account.
"Perks" means the nationwide perks and discounts made available by OnPoint Talent to eligible Contractors who are actively placed on a qualifying assignment.
"Platform" means the website located at www.onpointtalent.co.nz, including all pages, features, tools, and Services accessible through it.
"Premium Account" means a paid Job Seeker Account that provides access to enhanced features and Services as described in clause 5.2.
"Privacy Policy" means our privacy policy available and accessible through the website, as updated from time to time.
"Pro Badge" means the badge displayed on applications submitted by holders of a Premium Account.
"Services" means all services, features, and functionality provided through the Platform, including job search, job advertising, candidate browsing, Verification Checks, AI Features, and contractor management services.
"User" means any person who accesses or uses the Platform, including Job Seekers, Contractors, and Employers.
"Verification Check" means a background or credential verification service available through the Platform, performed by third-party verification providers, as further described in clause 7.
"Verified Badge" means a badge displayed on a User's profile indicating the successful completion of one or more Verification Checks.

1.2. Interpretation

In these Terms:

(a) headings are for convenience only and do not affect interpretation;
(b) words importing the singular include the plural and vice versa;
(c) a reference to a clause is a reference to a clause of these Terms;
(d) a reference to a party includes that party's successors and permitted assigns;
(e) where any word or phrase is given a defined meaning, any other grammatical form of that word or phrase has a corresponding meaning;
(f) a reference to any legislation includes any amendment, re-enactment, or replacement of that legislation; and
(g) the words "including", "includes", and "include" mean including without limitation.

2. Eligibility

2.1. You must be at least 18 years of age to access or use the Platform or to create an Account. By using the Platform, you represent and warrant that you are at least 18 years old.

2.2. If you are registering an Employer Account on behalf of a business or organisation, you represent and warrant that you have the authority to bind that business or organisation to these Terms.

2.3. We reserve the right to request proof of age or authority at any time and to suspend or terminate any Account where we reasonably believe the eligibility requirements in this clause 2 have not been met.

3. Account Registration and Responsibilities

3.1. To access certain features of the Platform, you must register for an Account by providing accurate, current, and complete information as prompted during the registration process.

3.2. You are responsible for:

(a) maintaining the confidentiality of your Account login credentials;
(b) all activities that occur under your Account, whether or not authorised by you;
(c) ensuring that all information provided in connection with your Account is accurate, current, and complete; and
(d) promptly updating your Account information if any details change.

3.3. You must not:

(a) create more than one Account per person or entity without our prior written consent;
(b) share your Account credentials with any other person;
(c) use another person's Account without their permission; or
(d) transfer or assign your Account to any other person or entity.

3.4. You must notify us immediately at askus@onpointtalent.co.nz if you become aware of any unauthorised use of your Account or any other breach of security.

3.5. We are not liable for any loss or damage arising from your failure to comply with the obligations in this clause 3.

4. Description of Services - Overview

4.1. The Platform is a recruitment and talent management platform that connects Job Seekers and Contractors with Employers. The Services available depend on the type of Account held and, where applicable, the subscription or package selected.

4.2. OnPoint Talent reserves the right to modify, suspend, or discontinue any Service (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of any Service.

5. Job Seeker Services

5.1. Free Account

5.2. All Job Seekers may register for a Free Account at no charge. A Free Account provides access to the following features:

(a) creating and managing a personal profile;
(b) browsing all job listings published on the Platform;
(c) applying for jobs, including one-click applications;
(d) withdrawing submitted applications;
(e) receiving job alert emails;
(f) accessing one (1) AI Interview Prep session;
(g) requesting Verification Checks (at the applicable fee); and
(h) deactivating or requesting deletion of the User's profile.

5.3. Premium Account

5.4. Job Seekers may upgrade to a Premium Account by subscribing to the applicable paid plan. In addition to all features available under a Free Account, a Premium Account includes:

(a) one (1) AI Interview Prep session per calendar month;
(b) AI Resume Feedback and scoring;
(c) a Pro Badge displayed on all submitted applications;
(d) the ability to see when an Employer has viewed the User's application; and
(e) any additional features that OnPoint Talent may introduce for Premium Account holders from time to time.

5.5. AI-Powered Features

5.6. The AI Features, including AI Interview Prep and AI Resume Feedback, are provided on an "as is" basis for general informational and preparatory purposes only.

5.7. OnPoint Talent does not guarantee the accuracy, completeness, reliability, or suitability of any output generated by the AI Features. AI-generated content may contain errors or omissions.

5.8. The AI Features do not constitute and must not be relied upon as professional career advice, recruitment advice, or any other form of professional advice.

5.9. You acknowledge and agree that:

(a) the AI Features are tools to assist you and are not a substitute for your own judgement or professional guidance;
(b) you are solely responsible for any decisions made or actions taken based on the output of the AI Features; and
(c) OnPoint Talent accepts no liability for any loss or damage arising from your use of or reliance on the AI Features.

6. Contractor Services

6.1. Contractor Accounts

6.2. Individuals may register for a Contractor Account on the Platform at no charge. Contractors may create a profile and indicate their availability for the following work arrangements:

(a) remote work;
(b) office-based or onsite work;
(c) hybrid arrangements;
(d) casual engagements;
(e) fixed-term contracts; and
(f) ongoing assignments.

6.3. Managed Contractor Model

6.4. Contractors who are placed on assignments through the Platform are employed directly by OnPoint Talent. The contractor relationship is managed by OnPoint Talent, which acts as the employer for all employment-related purposes.

6.5. The terms of any employment relationship between OnPoint Talent and a Contractor shall be governed by a separate employment agreement and are not governed by these Terms.

6.6. Nothing in these Terms creates an employment relationship between a Contractor and any Host Organisation to which the Contractor is assigned.

6.7. Contractor Perks

6.8. Contractors who are actively placed on an assignment through OnPoint Talent may be eligible for nationwide Perks, subject to the following conditions:

(a) Perks are available only to Contractors who are actively placed on a qualifying assignment of at least one (1) calendar month in duration;
(b) access to Perks ceases when the Contractor's assignment ends;
(c) Perks are provided at OnPoint Talent's sole discretion and may be modified, suspended, or withdrawn at any time without notice; and
(d) Perks are personal to the Contractor and are non-transferable.

7. Verification Services

7.1. Available Verification Checks

7.2. The Platform offers the following Verification Checks, subject to availability:

(a) NZ Criminal / Police Check;
(b) NZ Driving Licence Check;
(c) NZ Employment Verification Check;
(d) NZ Reference Check;
(e) International Qualification Check; and
(f) International Professional Membership Check.

7.3. Requesting Verification Checks

7.4. Verification Checks may be requested by:

(a) Job Seekers and Contractors, for themselves, to enhance their profile and portfolio;
(b) Employers, for candidates who have been hired through the Platform or offline.

7.5. Upon submission of a Verification Check request, a corresponding request for relevant information will be sent to the applicable recipient or third-party verification provider.

7.6. Job Seekers and Contractors who successfully complete a Verification Check may choose to display the resulting Verified Badge on their profile to indicate which checks they have undergone.

7.7. Third-Party Providers

7.8. All Verification Checks are performed by independent third-party verification providers. OnPoint Talent acts as an intermediary and does not conduct the checks itself.

7.9. OnPoint Talent does not warrant, guarantee, or accept liability for:

(a) the accuracy, completeness, or timeliness of any Verification Check results;
(b) any errors, omissions, or inaccuracies in information provided by third-party verification providers;
(c) any decisions made by any party in reliance on Verification Check results; or
(d) any loss or damage arising from or in connection with the Verification Check process.

7.10. Users acknowledge that Verification Checks are based on information available at the time the check is performed and may not reflect subsequent changes in circumstances.

8. Employer Services

8.1. Employer Accounts

8.2. Employers must create an Employer Account to access Employer-specific features on the Platform, including browsing candidate profiles (both Job Seekers and Contractors).

8.3. Job Advertising

8.4. Employers may advertise job vacancies on the Platform by purchasing one of the following packages:

(a) a single job advertisement;
(b) a bundle of three (3) job advertisements; or
(c) a custom bundle, the terms and pricing of which shall be agreed upon request by contacting OnPoint Talent.

8.5. Each job advertisement must comply with the acceptable use policy set out in clause 12, all Applicable Law, and any content guidelines published on the Platform from time to time.

8.6. Verification Check Credits

8.7. Employers may purchase Verification Check Credits to request employment-related Verification Checks for candidates. The price for each type of check is displayed on the Platform.

8.8. Credits are subject to the payment, refund, and cancellation terms set out in clauses 9 and 10.

9. Fees and Payment

9.1. Certain Services on the Platform are subject to fees as set out in the Fee Schedule displayed on the Platform. All prices are stated in New Zealand dollars (NZD) and are exclusive of GST, which shall be added where applicable.

9.2. Payment for all paid Services is due at the time of requesting the Service, unless otherwise specified on the Platform.

9.3. OnPoint Talent accepts the payment methods specified on the Platform from time to time. You agree to provide current, complete, and accurate billing information.

9.4. Taxable invoices and payment receipts for paid Services are available through your Account.

9.5. OnPoint Talent reserves the right to change its prices at any time. Price changes shall not affect Services already purchased prior to the effective date of the change.

9.6. If you fail to make any payment when due, OnPoint Talent may, without prejudice to any other right or remedy:

(a) suspend or restrict your access to paid Services until payment is received;
(b) charge interest on the overdue amount at a rate of 5% per annum above the Official Cash Rate set by the Reserve Bank of New Zealand, calculated daily from the due date until payment is received in full; and
(c) recover from you all reasonable costs and expenses (including legal costs) incurred in collecting the overdue amount.

10. Refund and Cancellation Policy

10.1. All fees paid for Services are non-refundable, whether or not the Service has been used, except as required by the Consumer Guarantees Act 1993.

10.2. Without limiting clause 10.1:

(a) no refund is available for unused Services;
(b) no refund is available for Services that have been used or partially used;
(c) purchased Credits are available only to the Account that purchased them and cannot be transferred to another User or Account; and
(d) Credits are non-transferable between Users, between Accounts, or between businesses.

10.3. Monthly recurring subscriptions (including Premium Accounts) may be cancelled at any time. However:

(a) no refund shall be provided for the remaining portion of the current subscription period;
(b) the User shall continue to have access to the paid Service until the end of the current subscription period; and
(c) the subscription shall not renew following the end of the current subscription period.

11. User Content and Intellectual Property

11.1. Your Content

11.2. You retain ownership of any Content you upload, submit, or post on the Platform, including CVs, resumes, profile information, and job listings.

11.3. By uploading or submitting Content to the Platform, you grant OnPoint Talent a non-exclusive, worldwide, royalty-free, sublicensable, and transferable licence to use, reproduce, modify, adapt, publish, display, and distribute your Content solely for the purposes of operating, promoting, and improving the Platform and providing the Services.

11.4. You represent and warrant that:

(a) you own or have the necessary rights, licences, and permissions to submit your Content;
(b) your Content does not infringe the intellectual property rights, privacy rights, or any other rights of any third party; and
(c) your Content is accurate, not misleading, and does not violate any Applicable Law.

11.5. OnPoint Talent Intellectual Property

11.6. All intellectual property rights in the Platform, including but not limited to the design, layout, look, appearance, graphics, trade marks, logos, software, code, and underlying technology, are owned by or licensed to OnPoint Talent and are protected by New Zealand and international intellectual property laws.

11.7. Nothing in these Terms grants you any right, title, or interest in the Platform's intellectual property, except for the limited right to use the Platform in accordance with these Terms.

11.8. You must not:

(a) copy, reproduce, modify, adapt, or create derivative works of any part of the Platform;
(b) reverse engineer, decompile, or disassemble any software or technology used in or forming part of the Platform;
(c) remove, alter, or obscure any copyright, trade mark, or other proprietary notices on the Platform; or
(d) use OnPoint Talent's name, trade marks, or logos without our prior written consent.

12. Acceptable Use Policy

12.1. You agree to use the Platform only for lawful purposes and in accordance with these Terms. You must not use the Platform:

(a) in any way that violates any Applicable Law;
(b) to post, upload, or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;
(c) to impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity;
(d) to post false, misleading, or fraudulent job listings, candidate profiles, or other Content;
(e) to collect or harvest personal information of other Users without their consent;
(f) to send unsolicited commercial messages, spam, or promotional material through the Platform;
(g) to interfere with or disrupt the operation of the Platform, its servers, or any networks connected to the Platform;
(h) to introduce any viruses, malware, trojans, or other harmful code;
(i) to use any automated means (including bots, scrapers, or crawlers) to access the Platform or collect data from it without our prior written consent;
(j) to circumvent, disable, or otherwise interfere with any security-related features of the Platform; or
(k) to use the Platform in any manner that could damage, disable, overburden, or impair the Platform.

12.2. OnPoint Talent reserves the right to investigate and take appropriate action against any User who violates this clause 12, including removing Content, suspending or terminating Accounts, and reporting conduct to the relevant authorities.

13. Privacy and Data Protection

13.1. OnPoint Talent collects, uses, stores, and discloses personal information in accordance with its Privacy Policy and the Privacy Act 2020.

13.2. By using the Platform, you acknowledge that you have read and understood our Privacy Policy, which is available at OnPoint Talent Ltd's website.

13.3. You consent to the collection, use, storage, and disclosure of your personal information as described in the Privacy Policy and as permitted by the Privacy Act 2020.

13.4. If you provide personal information about another individual (for example, a referee or an emergency contact), you represent and warrant that you have obtained that individual's consent to the disclosure and use of their personal information in accordance with these Terms and our Privacy Policy.

13.5. OnPoint Talent takes reasonable steps to protect your personal information from unauthorised access, use, modification, or disclosure. However, no method of electronic transmission or storage is completely secure, and OnPoint Talent cannot guarantee absolute security.

14. Limitation of Liability

14.1. To the maximum extent permitted by Applicable Law, OnPoint Talent, its directors, officers, employees, agents, and affiliates shall not be liable to you for any:

(a) indirect, incidental, special, consequential, or punitive damages;
(b) loss of profits, revenue, business, goodwill, or anticipated savings;
(c) loss of data or corruption of data; or
(d) any loss or damage arising from circumstances beyond OnPoint Talent's reasonable control,

howsoever arising, whether in contract, tort (including negligence), equity, statute, or otherwise, even if OnPoint Talent has been advised of the possibility of such damages.

14.2. To the maximum extent permitted by Applicable Law, OnPoint Talent's total aggregate liability to you in respect of all claims arising out of or in connection with these Terms or your use of the Platform shall not exceed the greater of:

(a) the total amount of fees paid by you to OnPoint Talent in the twelve (12) months immediately preceding the event giving rise to the claim; or
(b) one hundred New Zealand dollars (NZD $100).

14.3. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under Applicable Law, including liability under the Consumer Guarantees Act 1993 where it applies.

14.4. Each provision of this clause 14 that excludes or limits liability is to be construed independently from the other provisions, and the invalidity or unenforceability of one provision does not affect the others.

15. Indemnification

15.1. You agree to indemnify, defend, and hold harmless OnPoint Talent, its directors, officers, employees, agents, and affiliates from and against any and all claims, demands, liabilities, losses, damages, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

(a) your use of the Platform or the Services;
(b) your breach of these Terms;
(c) your violation of any Applicable Law;
(d) your Content or any Content you submit, post, or transmit through the Platform;
(e) your infringement of any intellectual property or other rights of any third party; or
(f) any dispute between you and any other User of the Platform.

15.2. OnPoint Talent reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you, in which event you shall co-operate with OnPoint Talent in asserting any available defences.

16. Termination and Suspension

16.1. Termination by OnPoint Talent

16.2. OnPoint Talent may, at its sole discretion and without prior notice, suspend or terminate your Account and your access to the Platform (in whole or in part) for any reason, including but not limited to:

(a) your breach of these Terms;
(b) conduct that OnPoint Talent reasonably believes is harmful to other Users, to third parties, or to the business interests of OnPoint Talent;
(c) your Account remaining inactive for a prolonged period;
(d) a request or order from a law enforcement or government agency;
(e) a need to address unexpected technical or security issues; or
(f) discontinuation or material modification of the Platform or any Service.

16.3. Deactivation and Deletion by Users

16.4. You may deactivate your Account at any time through the Platform. Deactivation will hide your profile from other Users but will not delete your data.

16.5. You may request deletion of your Account and associated personal information by contacting us at askus@onpointtalent.co.nz. Deletion requests will be processed in accordance with our Privacy Policy and the Privacy Act 2020.

16.6. Effect of Termination

16.7. Upon termination or suspension of your Account:

(a) your right to access and use the Platform shall immediately cease;
(b) no refund shall be provided for any unused Services, Credits, or subscription periods;
(c) any outstanding fees owed by you shall become immediately due and payable;
(d) OnPoint Talent may retain or delete your Content in accordance with its Privacy Policy; and
(e) clauses 7.3 (Third-Party Providers), 11 (User Content and Intellectual Property), 14 (Limitation of Liability), 15 (Indemnification), 18 (Dispute Resolution), and 20 (Governing Law and Jurisdiction) shall survive termination.

17. Warranty Disclaimers

17.1. The Platform and the Services are provided on an "as is" and "as available" basis, without any warranties of any kind, whether express, implied, or statutory.

17.2. To the maximum extent permitted by Applicable Law, OnPoint Talent expressly disclaims all warranties, including but not limited to:

(a) any implied warranties of merchantability, fitness for a particular purpose, or non-infringement;
(b) any warranty that the Platform will be available, uninterrupted, timely, secure, or error-free;
(c) any warranty that the results obtained from the use of the Platform or the Services will be accurate, complete, or reliable;
(d) any warranty regarding the accuracy, completeness, or currency of any Content or information on the Platform, including job listings, candidate profiles, and Verification Check results; and
(e) any warranty that the Platform will be free from viruses, malware, or other harmful components.

17.3. OnPoint Talent does not endorse, guarantee, or assume responsibility for any Content posted by Users, any product or service advertised on the Platform, or any third-party website linked to from the Platform.

17.4. Nothing in this clause 17 excludes or limits any consumer guarantees that cannot be excluded or limited under the Consumer Guarantees Act 1993 where it applies.

18. Dispute Resolution

18.1. If a dispute arises out of or in connection with these Terms or the Platform (a "Dispute"), the parties agree to first attempt to resolve the Dispute in good faith through the following process:

(a) the party raising the Dispute shall give written notice to the other party, setting out the nature of the Dispute and the resolution sought;
(b) the parties shall use their best endeavours to resolve the Dispute by negotiation within twenty (20) Business Days of the date of the notice referred to in paragraph (a);
(c) if the Dispute is not resolved by negotiation within that period, the parties agree to submit the Dispute to mediation administered by the Resolution Institute (or its successor body) in Auckland, New Zealand, in accordance with the Resolution Institute's mediation rules;
(d) the costs of mediation shall be shared equally between the parties, unless the mediator determines otherwise; and
(e) if the Dispute is not resolved by mediation within forty (40) Business Days of the mediation commencing (or such longer period as the parties agree), either party may commence court proceedings.

18.2. Nothing in this clause 18 prevents either party from seeking urgent interlocutory or injunctive relief from a court of competent jurisdiction at any time.

18.3. In this clause 18, "Business Day" means a day that is not a Saturday, Sunday, or public holiday in Auckland, New Zealand.

19. Modification of Terms

19.1. OnPoint Talent reserves the right to modify, amend, or update these Terms at any time at its sole discretion.

19.2. When we make changes to these Terms, we shall:

(a) update the "Effective Date" at the top of these Terms;
(b) post the revised Terms on the Platform; and
(c) where the changes are material, use reasonable efforts to notify you, such as by email to the address associated with your Account or by a prominent notice on the Platform.

19.3. Your continued use of the Platform following the posting of revised Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Platform and deactivate your Account.

20. Governing Law and Jurisdiction

20.1. These Terms, and any Dispute arising out of or in connection with them (including any non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of New Zealand.

20.2. The parties submit to the exclusive jurisdiction of the courts of New Zealand for the resolution of any Dispute that cannot be resolved under clause 18.

21. Severability

21.1. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed from these Terms and the remaining provisions shall continue in full force and effect.

21.2. To the extent permitted by Applicable Law, the parties agree that the invalid, illegal, or unenforceable provision shall be replaced by a valid, legal, and enforceable provision that achieves, as closely as possible, the original purpose and economic effect of the severed provision.

22. Entire Agreement

22.1. These Terms, together with the Privacy Policy, constitute the entire agreement between you and OnPoint Talent in relation to your use of the Platform and supersede all prior agreements, representations, warranties, and understandings (whether written or oral) relating to such subject matter.

22.2. Nothing in this clause 22 excludes liability for fraud or fraudulent misrepresentation.

22.3. In the event of any conflict between these Terms and the Privacy Policy, these Terms shall prevail to the extent of the inconsistency.

23. Force Majeure

23.1. OnPoint Talent shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond its reasonable control, including but not limited to:

(a) natural disasters, epidemics, pandemics, or acts of God;
(b) war, terrorism, riots, or civil unrest;
(c) government actions, sanctions, embargoes, or regulatory changes;
(d) power outages, internet or telecommunications failures, or cyberattacks;
(e) failure of third-party service providers, hosting platforms, or payment processors; or
(f) strikes, lockouts, or industrial disputes (other than those involving OnPoint Talent's own employees).

23.2. OnPoint Talent shall use reasonable efforts to mitigate the effects of any force majeure event and to resume performance of its obligations as soon as reasonably practicable.

24. Assignment

24.1. You may not assign, transfer, sub-contract, or otherwise dispose of any of your rights or obligations under these Terms without the prior written consent of OnPoint Talent.

24.2. OnPoint Talent may assign, transfer, or sub-contract any or all of its rights and obligations under these Terms to any third party, including in connection with a merger, acquisition, corporate restructuring, or sale of assets, without your consent and without notice.

24.3. Any purported assignment in breach of this clause 24 shall be void and of no effect.

25. General Provisions

25.1. No waiver by OnPoint Talent of any breach of these Terms shall constitute a waiver of any subsequent breach. No waiver shall be effective unless made in writing.

25.2. Nothing in these Terms shall create or be deemed to create a partnership, joint venture, agency, or employment relationship between OnPoint Talent and any User, except as expressly provided in clause 6.2 in respect of Contractors employed by OnPoint Talent.

25.3. These Terms do not confer any benefit on, or create any right enforceable by, any person who is not a party to these Terms. The Contract and Commercial Law Act 2017, subpart 1 of part 2, shall not apply to these Terms.

25.4. If OnPoint Talent fails to exercise or delays in exercising any right or remedy under these Terms, that failure or delay shall not constitute a waiver of that right or remedy and shall not prevent OnPoint Talent from exercising that right or remedy in the future.

26. Contact Information

26.1. If you have any questions, concerns, or complaints about these Terms, the Platform, or the Services, please contact us using the details below:

OnPoint Talent Limited

15211 / 17 B Farnham Street, Parnell, Auckland 1052

For technical enquiries:

askus@onpointtalent.co.nz

For sales, general, and sponsorship enquiries:

info@onpointconsulting.co.nz

Website: www.onpointtalent.co.nz