JobsOnline Pty Ltd - Terms of Use
THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS WEBSITE ON THE WORLD WIDE WEB (THE "SITE") OF JOBSONLINE PTY LTD. ("JOBSONLINE") AND THE EMPLOYMENT SEARCH AND HIRING SERVICES AND OTHER SERVICES AVAILABLE ON THIS SITE (THE "SERVICES") AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS WEBSITE AND/OR THE SERVICES OR ANY INFORMATION CONTAINED ON THE WEBSITE. YOUR USE OF THIS WEBSITE AND/OR THE SERVICES ON THIS WEBSITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET OUT BELOW. YOU AGREE THAT JOBSONLINE MAY MAKE CHANGES TO THE SERVICES OFFERED ON THIS WEBSITE, AT ANY TIME WITHOUT NOTICE, AND CAN REVISE THESE TERMS AT ANY TIME. WE WILL NOTIFY YOU OF SUCH REVISIONS BY POSTING AN UPDATED VERSION OF THESE TERMS ON THIS WEBSITE. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THESE TERMS. YOUR CONTINUED USE OF THE SITE AND/OR THE SERVICES SHALL CONSTITUTE YOUR CONSENT TO SUCH CHANGES.
This Website and the Services are intended for use by individuals looking for employment and for employers and recruiters seeking candidates for employment.
General Use Restrictions
All information, documents and Services provided on this Website, including trademarks, logos, graphics and images (the "Materials") are provided to you by JobsOnline. Except as expressly stated herein, you acknowledge that you have no right, title or interest in or to the Materials on any legal basis.
JobsOnline grants you the limited right to display the Materials only on your personal computer, and to copy and download the Materials displayed on this Site, provided that: (1) both the JobsOnline copyright notice (set forth below) and this permission notice appear in the Materials so displayed, copied or downloaded, (2) such display, copy or download is solely for your personal and/or internal business purposes. You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms and JobsOnline may remove your postings from this Website and/or the Services with or without cause. Upon any termination of this limited license, you agree to immediately destroy any electronic or printed Materials and cease using the Website and/or the Services.
You are prohibited from taking any action to circumvent or attempt to circumvent the security and access control provisions of the Website and the Services. Such prohibited conduct includes, without limitation, any efforts to (a) log in to an account with a password not assigned to you, (b) access personally identifiable information not intended to be accessed by you, (c) test the security measures on the Website and/or attempt to identify system vulnerabilities, (d) impersonate any other user of the Website and/or the Services or forge any of the header information in any posting or tamper with the TCP/IP packet header, (d) modify, reverse engineer, disassemble, decompile or otherwise attempt or allow others to attempt to discover the underlying computer code for the Website and/or the Services, or (f) overwhelm or disable the Website or the Services or interfere with the access and use of the Website and/or the Services by any other user. If JobsOnline becomes aware of any of the foregoing activities, JobsOnline may investigate and may respond, and when appropriate, JobsOnline may work with law enforcement authorities in such investigations and for the purpose of prosecuting offenders. Your continued use of the Website and the Services is expressly conditional on your compliance with the preceding prohibitions and with the obligations and restrictions. Without limiting the generality of foregoing, you acknowledge that JobsOnline expressly prohibits and you agree not to:
- Provide any false or misleading information about your identity or employment information provided by you to JobsOnline in relation to your use of or access to the Website and/or Services;
- Post any false or inaccurate Submissions (defined below) or information;
- Use the Services and/or the Website to violate any applicable law or regulation, including, without limitation, the infringement of any copyright, trade mark, trade secret or other intellectual property right of others, or violate the privacy or publicity rights of any other person.
- Post any Submissions or information that is abusive, defamatory, discriminatory, hateful, obscene, vulgar, sexually-orientated, threatening, or otherwise objectionable.
- Harass, stalk, or otherwise subject any other user of the Website and/or Services to unwanted and/or inappropriate contact.
- Post any position or business opportunity, which requires payment from the applicant or requires recruitment of other individuals, sub-distributors or sub-agents such as a multilevel marketing scheme, pyramid scheme, "Ponzi" scheme, franchise or distributorship arrangement.
- Use the Website, Services and/or Materials for any purpose other than to identify employment opportunities for yourself or to identify prospective employees for users' employment opportunities.
- Send unsolicited mail or e-mail, making unsolicited phone calls or sending unsolicited faxes and/or advertise any products or services either by directly posting on the Website or within the Services or by making unsolicited contact with any user via email, telephone, post, or any other method of communication.
- Make any changes, additions and/or deletions to any Submissions posted by any user with out the express written authorisation of such other user.
- Take any action that imposes an unreasonable or disproportionately large burden on site's infrastructure.
- Include any hyperlinks or any misleading, irrelevant and/or hidden keywords in any Submissions posted by you.
- Frame or link to the Website of any of the content or information available from the Website unless JobsOnline expressly consents to such linking and/or framing.
- Intentionally expose the Website and/or Service to any computer virus or any other programme or code intended to disrupt or disable to operations of the Website and/or Service;
- Use any robot, spider or other program or device to retrieve or index any portion of the JobsOnline Website;
- Harvest or otherwise collect information about other users for any purpose other than use of the Website and/or Services as expressly permitted herein.
With respect to the Forums, you acknowledge and agree to abide by the following rules, without limitation:
- You must be age 18 or older to post or submit any information to Forums.
- Reporters, researchers and third party representatives must receive permission from JobsOnline before posting to Forums and in their postings, must identify their name and affiliation with an organization.
- You may not post personally identifiable information (including without limitation, name, address, email address, phone number) about another member or any other individual without their express prior written consent.
- You agree not to impersonate any JobsOnline staff member. You also agree not to impersonate any other JobsOnline member.
- You may not post email content from private parties.
- You agree that JobsOnline reserves the right to remove any content in Forums, for any reason in its sole discretion as it may deem appropriate.
The foregoing list of prohibitions is illustrative and is not intended to be complete or exclusive. JobsOnline reserves the right to terminate our relationship with you under these Terms and prohibit your access to the Website and/or Services or to edit, remove or close any Submission or thread on the Forums for any reason, including, without limitation, any action that JobsOnline, in its sole judgment, determines to be inappropriate or disruptive to the Website, Services or to any user. If JobsOnline finds that you are abusing the private message and/or email system of JobsOnline and/or on the Forums, JobsOnline may, without limitation of other available remedies, suspend or terminate your account.
The foregoing prohibitions do not impose on JobsOnline, and JobsOnline does not assume, any obligation to monitor or remove any Submissions or other information or communication submitted by you or any other member. You hereby acknowledge and agree that you may be exposed to content that may be offensive or objectionable to you. YOU HEREBY ACKNOWLEDGE AND AGREE THAT ALL SUBMISSIONS SUBMITTED BY YOU OR ANY OTHER MEMBER EXPRESS THE VIEWS OF THE AUTHOR, AND JOBSONLINE WILL NOT BE HELD RESPONSIBLE FOR OR LIABLE FOR THE CONTENT IN SUCH SUBMISSIONS. Your access to the Website and Services is undertaken at you own risk and JobsOnline is not responsible for any offensive or otherwise objectionable materials that may be posted by any third party.
Account Registration and Password Protection
Prior to gaining access to certain Services on the Website, JobsOnline will require you to set up a user name and password (the "Password(s)") as set forth in the account registration procedures posted on the Site. You agree to comply with the procedures specified by JobsOnline from time to time regarding obtaining and updating Passwords for the Website and Services. You agree to assume sole responsibility for the security of Passwords issued to you. Passwords are subject to cancellation or suspension by JobsOnline at any time, including upon the misuse of any and the reissuing or reactivation of Passwords. You agree to ensure that you will use your best efforts to prevent any third party from obtaining your Password, and you shall inform JobsOnline immediately in writing of any actual or potential unauthorised access to a Password or to the Website and/or Services.
Third Party Content
Third parties may provide certain information and content to JobsOnline ("Third Party Content"). The Third Party Content is, in each case, the copyrighted work of the creator/licensor, and may be subject to terms of use and/or privacy policies of such third parties. Please contact the appropriate third party for further information regarding such terms. JOBSONLINE DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO CONTENT PROVIDED BY THIRD PARTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE AND NONINFRINGEMENT.
Links To Third Party Sites
This Website may provide links to other Websites or resources over which JobsOnline does not have control ("External Websites"). Such links do not constitute an endorsement by JobsOnline of those External Websites. You acknowledge that JobsOnline is providing these links to you only as a convenience, and further agree that JobsOnline is not responsible for the content of such External Websites. Your use of External Websites is subject to the terms of use and privacy policies located on the linked to External Websites.
Privacy Policy
Your use of the Website is governed by the JobsOnline Privacy Policy that is available at www.jobsinoz.com.au (the "Privacy Policy").
Submissions
You acknowledge that you are responsible for the information and material that you submit to the Website (each a "Submission"), and that you, and not JobsOnline, will have full responsibility for each such Submission, including its legality, reliability, appropriateness, originality and copyright. Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Submission provided by you in connection with this Website is provided on a non-proprietary and non-confidential basis. Subject to our compliance with our Privacy Policy, you agree that JobsOnline shall be free to use or disseminate a Submission on an unrestricted basis for any purpose. If you submit information to the Website, you grant JobsOnline a nonexclusive, worldwide, royalty-free license to (in any media now known or not currently known or invented) link to, utilize, use, copy, exploit, and prepare derivative works of the Submission. No information you submit shall be deemed confidential. However, JobsOnline agrees to use your information in accordance with JobsOnline's Privacy Policy applicable to personally identifiable information. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO JOBSONLINE. Notwithstanding the foregoing, you hereby assign to JobsOnline all right, title and interest in and to any new feature that you may suggest or submit to JobsOnline and you acknowledge and agree that JobsOnline may use such suggestion or submission in any manner, including, without limitation, to develop features for the Website.
Trade Marks and Copyrights
The trade marks, service marks, brands, names, logos and designs ("Trade Marks") of JobsOnline or others used on this Website and in the Services are the property of JobsOnline or their respective owners. You may not remove or alter any Trade Mark. You may not use any trade mark displayed on the Website or in the Services without the express prior written permission of JobsOnline or the respective owner, and nothing contained on this Website grants by implication, waiver or otherwise, any right to use such trade marks. All of the Materials appearing on this Website and in the Services, including but not limited to, text elements, site design, images and icons, as well as the selection, assembly and arrangement thereof, are the sole property of JobsOnline, Copyright © 2006 unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
Indemnification
You agree to defend, indemnify and hold harmless JobsOnline and its affiliates, representatives, partners, directors, agents and employees from and against any and all liabilities, claims, costs and expenses, including legal fees, that arise out of or in connection with your use of the Website and/or the Services or breach of these Terms.
Disclaimer of Warranty
You acknowledge and agree that this Website and/or the Services may include certain errors, omissions, outdated information which may affect the quality of the Materials. You acknowledge that the Materials have not been independently verified or authenticated in whole or in part by JobsOnline, and agree that JobsOnline does not warrant the accuracy or timeliness of the Materials and further agree that JobsOnline has no liability for any errors or omissions in the Materials, whether provided by JobsOnline or its licensors.
JOBSONLINE, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE WEBSITE AND/OR THE SERVICES, INCLUDING WITHOUT LIMITATION THE MATERIALS AND ANY THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND/OR THE SERVICES AND ANY INFORMATION OR MATERIAL CONTAINED ON THE WEBSITE IS PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS, AND IS FOR PERSONAL USE OR INTERNAL BUSINESS USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. JOBSONLINE PROVIDES THE SERVICES "AS-IS" WITHOUT ANY WARRANTY OF ANY KIND.
Limitation of Liability
NEITHER JOBSONLINE NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES, THIRD PARTY PROVIDERS OR CONTENT PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FORM OF DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE WEBSITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO, THE RESULTS OF YOUR USE OF THE WEBSITE AND/OR THE SERVICES, OR ANY EXTERNAL WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS ON THE WEBSITE, HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF JOBSONLINE WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
Copyright Agents
JobsOnline respects the intellectual property of others, and we ask that you do the same. If you believe that your work has been copied on this Website in a way that constitutes copyright infringement and appears on this Website, please provide us with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Website;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.
Notice of claims of copyright infringement on this Website should be directed to content @ jobsinoz.com.au.
General
JobsOnline controls and operates this Website from its headquarters in Australia and makes no representation that the Services or the Materials are appropriate or will be available for use in locations other than in Australia. If you use this Website or the Services from outside Australia, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials. These Terms will be governed by Western Australian law and controlling Australian commonwealth law, without regard to the choice or conflicts of law provisions of any jurisdiction. You shall bring all disputes, actions, claims, or causes of action related to these Terms or in connection with this Website only in the commonwealth and state courts located in Perth, Western Australia. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of JobsOnline to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless specifically acknowledged and agreed to by JobsOnline in writing. No joint venture, partnership, employment or agency relationship exists between you and JobsOnline. These Terms comprise the entire agreement between you and JobsOnline and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.