Terms and Conditions of Use
These Terms and Conditions ("Terms") govern your access to and use of the services provided by Employee First NZ ("Company," "we," "us," or "our") through our website at EmployeeFirst.NZ, including any related domains or subdomains (the "Website"), and any services provided in person or otherwise (collectively, the "Services"). By accessing the Website, engaging our Services, or contacting us, you ("Client," "you," or "your") agree to be bound by these Terms, our Privacy Policy, and any implied terms, all of which are incorporated by reference. These Terms constitute a binding legal agreement between you and the Company (collectively, the "Parties," and each a "Party"). If you do not agree to these Terms, you must immediately cease accessing the Website and engaging our Services.
1. Purpose
These Terms establish the legal framework for the provision of our Services, including but not limited to employment relations advisory services, advocacy, mediation, dispute resolution, educational resources, and freelancing services, whether accessed through the Website or in person.
2. Definitions
In these Terms, unless the context otherwise requires:
Client, You, or Your means the individual or entity accessing the Website or engaging our Services, including any person acting on behalf of another (e.g., a company).
Company, We, Us, or Our means Employee First NZ.
Loss includes loss of profits, savings, revenue, data, or any other claim, damage, loss, liability, or cost, including legal costs on a solicitor and own client basis.
Personal Information means information about an identifiable, living person, as defined under the Privacy Act 2020.
Services means all services provided by the Company, including but not limited to employment relations advice, advocacy, mediation, dispute resolution, and educational resources, whether delivered via the Website or in person.
Settlement Amount means financial compensation or awards exceeding the Client’s minimum statutory entitlements under New Zealand law.
Underlying System means any network, system, software, data, or material that underlies or is connected to the Website.
Website means EmployeeFirst.NZ, including all related domains and subdomains.
The term including and similar words do not imply any limitation.
3. Scope of Services
The Company provides Services exclusively to employees, including but not limited to:
Employment relations advice;
Employment advocacy services;
Employee representation and assistance in legal disputes before arbitration, mediation, or alternative dispute resolution bodies;
Employment dispute resolution services;
Mediation; and
Other services related to employment relations.
4. Fees and Payment
4.1 Contingency Fees
No fees will be charged unless the Company achieves a successful outcome, defined as the Client receiving a Settlement Amount resulting from the Company’s Services through negotiation or mediation. Upon a successful outcome, the Company’s fee will be on a contingency basis, not exceeding NZ$4,500 plus GST (if applicable). The Company will endeavour to negotiate payment of these fees by the Client’s employer.
4.2 Fee Adjustments
If the Company’s fees impede negotiations on the Client’s behalf, the Company may, at its sole discretion, reduce the fees or negotiate payment from the Client’s Settlement Amount, not exceeding 30% of the Settlement Amount. This fee includes all disbursements and costs incurred during service provision and is payable immediately upon the Client’s receipt of the Settlement Amount.
4.3 Employment Relations Authority or Court Cases
The contingency fee structure does not apply to cases before the Employment Relations Authority or the Employment Court. The Company will provide a separate cost estimate for such cases, typically double the standard service fees, which must be agreed upon in writing before proceeding.
4.4 Termination by Client
If the Client terminates this agreement after the Company has commenced work, the Client may be liable for fees for Services rendered, calculated at the Company’s standard hourly rate of NZ$300 per hour plus GST. The Company will provide an estimate of such fees upon termination, payable within seven (7) calendar days.
4.5 Fee Changes
The Company reserves the right to modify its fees, including contingency fees, hourly rates, and other charges, at its sole discretion without prior notice. Fee changes will apply to Services provided after the change date, and the Company will notify the Client of applicable changes as soon as practicable, where feasible.
5. Overdue Accounts
Unless prior arrangements for automatic instalments are made, invoices are due within seven (7) calendar days of issuance. Overdue invoices may incur a monthly account handling fee of NZ$25.00 plus GST and interest at 2.5% per month on the overdue balance. If referred to a debt collection agency, the Client is solely responsible for all associated costs.
6. Service Area
The Company, based in Auckland, provides Services nationwide, including attendance at mediations and Employment Relations Authority investigations throughout New Zealand.
7. Data Collection and Use
7.1 Personal Information
You are not required to provide Personal Information (e.g., name, email address, contact number, or employment-related details) to access the Website or engage our Services. However, failure to provide such information may prevent the Company from providing certain Services or access to specific Website features, including tailored advice or restricted areas. All Personal Information provided is handled in accordance with the Privacy Act 2020 and our Privacy Policy.
7.2 IP Addresses and Usage Data
We may collect IP addresses and usage data (e.g., pages visited, time spent on the Website, and chatbot interactions) to analyse user behaviour, enhance Services, and improve Website functionality. Such data may be anonymised and aggregated for analytical purposes.
7.3 Cookies and Trackers
The Website employs cookies and tracking technologies, including third-party services like Google Analytics, to monitor user activity and improve user experience. By using the Website, you consent to these technologies as outlined in our Privacy Policy. You may adjust cookie settings via your browser, though this may impact Website functionality.
7.4 Data Protection
The Company is committed to safeguarding Personal Information and will maintain its confidentiality, except where required by law or with your express consent. Refer to our Privacy Policy for details on data collection, use, storage, and protection.
8. Chatbot Disclaimer
The Company may use a chatbot on its website to provide general information and assist with user inquiries on the Website that You acknowledge and agree that:
The chatbot may provide inaccurate or incomplete information due to technical limitations or errors;
Information provided by the chatbot does not constitute legal advice or professional employment advice, as the Company’s Services are provided by employment advocates who are not necessarily lawyers;
You should not rely on chatbot information for legal or employment-related decisions and must seek professional advice from the Company or qualified legal counsel for such matters; and
The Company is not liable for any Loss arising from your use of or reliance on chatbot information.
The Company acknowledges its representatives DO NOT use Generative AI to provide services to its clients in accordance with guidelines from the Courts of New Zealand. A copy of the guidelines for the use of Generative AI can be accessed through the following link: Guidelines for Use of Generative AI.
9. Prohibited Actions
You must not:
Act in a way, or introduce anything (e.g., virus, worm, Trojan horse, spyware), that compromises or may compromise the Website or any Underlying System; or
Access the Website via methods other than standard web browsers (e.g., scraping, data mining, or automation) without our prior written consent.
10. External Links
The Website may include links to third-party websites or resources for convenience. The Company does not endorse, control, or assume responsibility for the content, accuracy, or privacy practices of these external sites. Accessing such links is at your own risk, and you should review the terms and privacy policies of third-party websites.
11. Third-Party Services
The Company may utilise third-party services (e.g., chatbot platforms or analytics tools) to deliver or enhance its Services. The Company is not liable for the performance, availability, or data handling practices of these third-party services, which are governed by their respective terms and privacy policies. You acknowledge that use of such services is subject to those terms.
12. Intellectual Property
12.1 Ownership
The Company retains all proprietary and intellectual property rights in the Website and Services, including all content (e.g., text, graphics, logos, images) and the Employee First NZ name and logo, except where licensed. These Terms grant you a limited, non-transferable, revocable license to access and use the Website and Services for their intended purpose.
12.2 Restrictions
You must not reproduce, modify, distribute, or otherwise use any content from the Website or Services without our prior written consent, except as permitted by law.
13. Consent to Use Submissions
By submitting reviews, images, comments, testimonials, or tags (“Submissions”) on any platform, including social media or online reviews, you grant the Company a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, modify, and display such Submissions for reasonable business purposes, including marketing. The Company may use your name, photo, or other publicly available information associated with your Submissions, as permitted by law.
14. Age Requirements
By accessing the Website or engaging our Services, you confirm that you are at least 18 years old or otherwise meet the legal age requirements in your jurisdiction to enter into this agreement and fulfil its obligations. If you are under 18 years old, you must have a parent or legal guardian agree to these Terms on your behalf, and they will be responsible for ensuring your compliance with these Terms.
15. Client Obligations
You agree to:
Provide accurate, complete, and current information as requested by the Company, if you choose to provide such information;
Cooperate fully, including responding promptly to requests for information or instructions;
Comply with all applicable laws and regulations;
Notify the Company immediately of any changes to provided information or relevant circumstances; and
Not use the Website or Services in a way that may damage, disable, or impair the Website, Underlying System, or the Company’s reputation.
Non-compliance may result in delays, additional costs, suspension of Services, or termination of this agreement.
16. Indemnification
You indemnify the Company against all Loss suffered or incurred as a direct or indirect result of your failure to comply with these Terms.
17. Amendments to Terms
The Company may amend these Terms at its sole discretion by updating them on the Website. Continued use of the Website or Services following such amendments constitutes your acceptance of the revised Terms. These Terms were last updated on 7 August 2025.
18. Website and Service Content Accuracy
The Company strives to ensure the accuracy and currency of Website and Service-related content and updates it regularly to correct errors. However, content may occasionally be inaccurate or outdated. The Company reserves the right to modify content at any time, including to reflect legislative changes, without notice.
19. Termination
19.1 By the Company
The Company may terminate this agreement and/or any other agreements with you, including access to the Website or Services, if:
You fail to comply with your obligations under these Terms or any other agreement with the Company;
Continued representation is deemed unethical or impractical, in the Company’s professional opinion; or
The case lacks merit, in the Company’s professional opinion.
19.2 Effect of Termination
Upon termination, you must immediately cease using the Website and Services and settle any outstanding fees within seven (7) calendar days. Clauses intended to survive termination (e.g., clauses 12, 13, 16, 19, 20, 22, 24, 26) will continue in force.
20. Conflicts of Interest
The Company will not act for you if a conflict of interest exists. If a conflict arises during the engagement, the Company will notify you promptly and may cease acting.
21. Dispute Resolution
Any disputes arising under these Terms shall first be addressed through good-faith negotiations between the Parties. If unresolved within thirty (30) calendar days, the Parties may pursue mediation through a recognized mediation provider, such as the New Zealand Dispute Resolution Centre, in accordance with New Zealand law. If mediation is unsuccessful, disputes may be referred to the appropriate New Zealand courts. This clause does not limit the Company’s right to terminate the agreement or seek other remedies.
22. Limitation of Liability
22.1 General
To the fullest extent permitted by law, the Company is not liable for any Loss, including punitive, exemplary, or consequential damages, arising from these Terms, the Website, or the Services, regardless of foreseeability or legal theory. The Company provides Services with due care and skill but does not guarantee specific outcomes.
22.2 Statutory Rights
This limitation does not affect liabilities that cannot be excluded under New Zealand law, including under the Contracts and Commercial Law Act 2017 or the Consumer Guarantees Act 1993, where applicable. Where liability cannot be excluded but can be limited, our liability is limited to NZ$151.
23. Maximum Damages
The Company’s total liability and your sole remedy for any claims under these Terms, the Website, or the Services are limited to NZ$151.
24. Complaints
If you have concerns or complaints about our Services, please contact the Company at advice@employeefirst.nz. If unresolved, you may pursue further recourse through appropriate legal or regulatory channels, such as the New Zealand Dispute Resolution Centre.
25. Notices
Notices to you may be delivered via:
Email to your provided address, effective upon sending, provided no bounce-back or error notification is received; or
Certified mail with tracking and signature required to your postal address on file, effective two (2) working days after posting.
Notices to the Company must be sent by email to: Employee First NZ, c/- Ishan Shanbhag, at privacy@employeefirst.nz effective upon sending, provided no bounce-back or error notification is received.
26. Severability and No Waiver
If any provision of these Terms is deemed invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be modified to the extent necessary to make it enforceable. If modification is not possible, the provision will be severed, and the remaining provisions will remain valid and enforceable. The Company’s failure to enforce any right or provision does not constitute a waiver unless expressly stated in writing by an authorised representative.
27. Transfers and Assignments
You may not transfer or assign your rights or obligations under these Terms without the Company’s prior written consent, which may be withheld at our sole discretion.
28. Force Majeure
The Company is not liable for delays or failures in providing the Website or Services caused by events beyond its reasonable control, including acts of God, natural disasters, cyber-attacks, terrorism, civil unrest, epidemics, pandemics, labour disputes, telecommunications failures, or power outages. Such events do not constitute a breach of these Terms.
29. Headings
Headings are for convenience and reference only and do not limit or define the scope or intent of any provision.
30. Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between the Parties regarding the Website and Services, superseding all prior agreements, representations, or understandings, whether written or oral. The Company reserves all rights not expressly granted herein.