Cook Executive Recruitment is an Auckland-based executive recruitment, executive search and human resource services consultancy. Cook Executive Recruitment is a well established human resources consultancy operating at senior and middle levels in executive recruitment through advertised assignments and executive search. Energetic and results driven, we operate with only a small number of client companies in any one industry sector, leaving others available for executive search requirements if appropriate. We provide a personal service, developing relationships with our clients over time and working to fully understand their businesses.

Terms & Conditions

These Terms and Conditions apply to the use of this web site, including the purchase of any goods, products or services (together, "Products and/or Services") supplied to you by Cook Executive. By using this web site for these or any other purposes, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must refrain from using this web site.

In these Terms and Conditions, "Cook Executive" is Cook Executive Recruitment Limited and "the Client" is any legal person using Cook Executive's website or purchasing Products and/or Services from NavS tation.

GENERAL

1)         The Client is required to:

(a)  Comply with all applicable laws, regulations, standards and codes, including in particular (but not limited to) the following New Zealand Legal Acts: Privacy Act 1993, the Fair Trading Act 1986, the Copyright Act 1994, the Defamation Act 1992 and the Crimes Act 1961.

(b)  Ensure that all information provided to us is current and correct.

(c)  Maintain the confidentiality of the Client’s user name, login, password, and any other account information and/or identifier provided to the Client in relation to the Products and/or Services. The Client accepts complete responsibility for all use of his/her/its account and of the Client’s identifier(s), and Cook Executive is entitled to rely entirely upon use of any password or other identifier as evidence of the Client’s identity and authority.

 

2)         These Terms and Conditions constitute the entire agreement between Cook Executive and the Client and it is expressly agreed that there are no other understandings, representations of warranties of any kind (either express or implied) forming part of the contract between Cook Executive and the Client. In particular:

(a)  No condition advised by the Client which is inconsistent with, qualifies, or is contrary to these Terms and Conditions shall have any effect unless that condition is expressly accepted in writing by Cook Executive.

(b)  No variation or waiver of these Terms and Conditions shall have any effect unless accepted in writing by Cook Executive.

3)         By using the Products and/or Services the Client certifies that he or she is at least 18 years of age.

PAYMENT

4)         The Client agrees to pay for the Products and/or Services provided to the Client or under his/her/its account, regardless of whether it is the Client or someone else who uses them.

5)         Payment is due upon receipt of invoice. All payments must be in New Zealand dollars and withdrawable at a New Zealand bank. Accounts are in default if payment is not received within 30 days after date of invoice. If a Client's cheque is returned by the bank as unredeemable, the Client will be deemed to be in default, and will be liable for a "returned cheque" charge of $25.00.

6)         Accounts unpaid 30 days after date of invoice may have their Products and/or Service revoked and/or interrupted. Such revocation and/or interruption does not relieve the Client from the obligation to pay the Products and/or Service charge. Only a written request to terminate the Products and/or Services relieves the Client of obligation to pay future subscribed charges from the date of such request.

7)         Accounts in default are subject to a late payment charge of $25 and an interest charge of 1.5% per month on the outstanding balance. The Client agrees to pay Cook Executive its reasonable expenses, including solicitor and collection agency fees, incurred in enforcing its rights under these Terms and Conditions.

8)         No deduction or set-off against any amount due is permitted.

9)         Cook Executive reserves the right to change Products and/or Services rates and prices by notifying the Client 15 days in advance of the effective date of the change - or without notice for web displayed products.

TERMINATION

10)       Where the Client is in default or Cook Executive has reasonable grounds to believe the Client is in default under and provision of these Terms and Conditions, Cook Executive may suspend or terminate the provision of Products and/or Services to the Client.  If Cook Executive suspends the provision of Products and/or Services pursuant to this clause, the Client shall be notified as to the reason for the suspension.

11)       The Services provided by Cook Executive may be cancelled at any time by either party without penalty provided one months notice is given in writing to the other party.

WARRANTIES

12)

(a)  Cook Executive makes no warranties of any kind, whether expressed or implied. Cook Executive will not be responsible for any damage suffered. This includes loss of business resulting from delays, non-deliveries, miss-deliveries, or service interruptions. Use of any information obtained via Cook Executive is at the Client's own risk. Cook Executive specifically denies any responsibility for the accuracy or quality of information obtained through its Products and/or Services.

(b)  To the maximum extent permitted by law all terms, warranties or representations, whether statutory or otherwise and whether express or implied, oral or written as to the state, merchantability, quality, fitness for purpose or fitness of the Products and/or Services and its maintenance are hereby excluded.

EXCLUSION OF LIABILITY

13)

(a)  Any defect in the Products and/or Services or in its maintenance shall not entitle the Client to immediate cancellation of this contract.

(b)  Without limiting the other terms of this contract, the Client's sole remedy against Cook Executive shall be limited to breach of contract and Cook Executive's sole and total liability for any such claim shall be limited to, at the option of Cook Executive, either the re-supply of the Products and/or Services or the amount of the current monthly Client's Levies for the month during which the breach allegedly occurred.

(c)  Subject only to Cook Executive's liability for breach of contract (if any) pursuant to clause 11 above, Cook Executive will not be liable to the Client for any claim for breach of contract, breach of statute or breach of duty in tort (including negligence) or for any claim in equity or otherwise at law for any losses or damages whether general, exemplary, punitive, direct, indirect or consequential (including any claim for loss of profits) however caused which may be suffered or incurred by the Client or any third person or which may arise directly or indirectly out of or in respect of this contract or the Products and/or Services (or its maintenance) or by reason of any act or omission on the part of Cook Executive to comply with its obligations under this contract.

(d)  Notwithstanding anything herein contained or implied no employee, agent or director of Cook Executive will be liable to the Client for any breach of duty or care in contract, tort, equity or otherwise in relation to the performance of obligations under this contract or in relation to the subject matter of this contract.

(e)  The Consumer Guarantees Act 1993 will not apply where the Client acquires (or hold itself out as acquiring) Services for the purposes of a business as defined in that Act.

(f)  This clause shall survive termination of this contract.

COPYRIGHT

14)       Cook Executive’s logos, product and service names are the property of Cook Executive. Copyright is asserted in all the contents of this web site (including text, graphics, logos, icons, sound recordings and software) and all promotional material produced by or on behalf of Cook Executive. Except as expressly authorised by these Terms and Conditions, the client may not in any form or by any means:

(a)  adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this web site; or

(b)  commercialise any information, products or services obtained from any part of this web site;

- without Cook Executive’s written permission.

RELATIONSHIP OF THE PARTIES

15)      

(a)  The Client warrants it has not relied on any representation made by or on behalf of Cook Executive which has not been expressly stated in these Terms and Conditions; or upon any publicity material or brochures produced by or on behalf of Cook Executive.

(b)  These Terms and Conditions constitute the complete and exclusive understanding between the parties in relation to the subject matter hereof and supersedes all prior contracts, proposals, communications and representations made by either party (whether oral or written) and these Terms and Conditions may only be modified if such modification is in writing and signed by a duly authorised representative of each party. These Terms and Conditions shall prevail over any inconsistent terms and conditions in any other contract between the parties whether in correspondence or otherwise and any conditions or stipulations to the contrary are hereby excluded and extinguished. Except as otherwise expressly stated in these Terms and Conditions, neither party has any other responsibility or obligation to the other.

16)       Non Waiver: Failure by any party to enforce any right or obligation with respect to any matter arising in connection with these Terms and Conditions shall not constitute a waiver as to that matter or any other matter either then or in the future. Any waiver of any right or obligation under these Terms and Conditions shall only be of any force and effect if such waiver is in writing and is expressly stated to be a waiver of a specified right or obligation under this contract.

FORCE MAJEURE

17)       Cook Executive shall not be liable to the Client or to any other person for any loss or damage directly or indirectly arising out of or in connection with any failure to perform any term of these Terms and Conditions where such failure is caused directly or indirectly by an act of God, fire, armed conflict, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or facilities and accidents, interruptions of, or delay in transportation, or any other cause outside of Cook Executive’s reasonable control.

SEVERABILITY

18)       Should any provision of these Terms and Conditions be held to be illegal, invalid, or unenforceable by a court law, the legality, validity and enforceability of the remaining provisions of these Terms and Conditions shall remain unaffected thereby unless otherwise stated.

PROPER LAW

19)       These Terms and Conditions shall be governed by New Zealand law. The Client agrees to submit to the exclusive jurisdiction of the New Zealand courts.

AMENDMENTS TO TERMS AND CONDITIONS

20)       Cook Executive reserves the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon notification on this web site. The Client’s continued use of the web site or the Products and/or Services following such notification will represent an agreement by the Client to be bound by the Terms and Conditions as amended.

LINKED WEB SITES

21)       This web site may contain links to other web sites ("linked web sites"). Those links are provided for convenience only and may not remain current or be maintained.

22)       Cook Executive is not responsible for the content or privacy practices associated with linked web sites.

23)       Links with linked web sites should not be construed as an endorsement, approval or recommendation by Cook Executive of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.

PRIVACY POLICY

24)       Cook Executive undertakes to comply with the terms of its privacy policy which is available on this web site.

25)       The Client is aware of his/her/its rights under the Privacy Act 1993 to have access to personal information held by Cook Executive and to request correction to the information and to be informed of action taken in response to any such request and/or to request that there be attached to the information a statement which the Client can supply to Cook Executive relating to the fact that the Client has requested a correction. The Client agrees to pay Cook Executive the reasonable charges requested by Cook Executive in relation to time and attendances involved in complying with the Client’s request in this regard.

SECURITY OF INFORMATION

26)       No data transmission over the internet can be guaranteed as totally secure. While Cook Executive strives to protect such information, Cook Executive does not warrant and cannot ensure the security of any information which the Client transmits to Cook Executive. Accordingly, any information which the Client transmits to Cook Executive is transmitted at the Client’s own risk. Nevertheless, once Cook Executive receives the Client’s transmission, Cook Executive will take reasonable steps to preserve the security of such information.

 

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