STANDARD TERMS AND CONDITIONS FOR USE OF
THIS WEBSITE
ATTENTION: THIS LEGAL NOTICE
APPLIES TO THE ENTIRE CONTENTS OF THIS WEBSITE UNDER THE DOMAIN NAME
HTTP://WWW.JOBSERVE.COM.AU ("WEBSITE") AND TO ANY CORRESPONDENCE BY
EMAIL BETWEEN US AND YOU. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS
WEBSITE. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF
WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US. IF YOU DO NOT ACCEPT THESE
TERMS, DO NOT USE THIS WEBSITE. THIS NOTICE IS ISSUED BY JOBSERVE LIMITED (UK
REGISTERED COMPANY NUMBER 2847010) WHOSE REGISTERED OFFICE IS AT TOWER BUSINESS
PARK, KELVEDON ROAD, TIPTREE, COLCHESTER, ESSEX, UK AND WHOSE REGISTERED
AUSTRALIAN OFFICE IS LEVEL 1,
263 CLARENCE STREET, SYNDEY, NSW 2000 AUSTRALIA (ARBN 100 362 561 ABN 40 885 493 102)
("JOBSERVE")
1. GENERAL
1.1 JobServe
does not make any representation whatsoever about any job vacancy advertisement
which is accessed either on, by virtue of or by way of any links from this
website nor about any of the advertisers who appear in the "Recruiter
Directory" section on this website because in compiling the same JobServe
relies on information provided to it by third parties. Accordingly it is a
matter for you to satisfy yourself as to the suitability of any agency,
employer or job found directly or indirectly through this website.
1.2 You
acknowledge that the Internet or JobServe's systems,
services and equipment may from time to time be inoperative in full or in part
as a consequence of but not limited to, mechanical breakdown, maintenance,
hardware or software upgrades, any communication connectivity problems or other
facts beyond the control of JobServe and you acknowledge that JobServe will not
be held liable for any failure or inability to provide continuous, error free,
uninterrupted services under these or any other circumstances.
1.3 You will be
able to access some areas of this Website without registering your details with
us. Certain areas of this Website are only open to you if you register.
1.4 By accessing
any part of this Website, you shall be deemed to have accepted this legal
notice in full. If you do not accept this legal notice in full, you must leave
this Website immediately.
1.5 JobServe may revise this legal notice at any time by updating
this posting. You should check this Website from time to time to review the
then current legal notice, because it is binding on you. Certain provisions of
this legal notice may be superseded by expressly designated legal notices or
terms located on particular pages at this Website.
2. MEMBERSHIP CONDITION
The Website services are not available to, and may not be used by,
persons under the age of 16 years of age, or who are temporarily or
indefinitely suspended Website members. If you are under 16 years old, you can
use this service only in conjunction with the supervision of a parent or
guardian. If you are business entity, you represent that you have the authority
to bind that entity to this Agreement.
3. REGISTRATION
You must choose a password on completion of registration. You
shall be responsible for all actions taken under that password and shall only
access the Website using your own password. You should
not disclose your password to any other person.
4. CV DISTRIBUTION SERVICE
If you activate JobServe's CV distribution service you agree and
acknowledge that:
4.1 JobServe may
adapt, modify and reword in such way and to such extent as JobServe considers
appropriate the information contained in your CV in order to produce a CV in
the style and format JobServe sends to recruitment agencies and employers.
4.2 JobServe shall have no liability to you as a consequence of or
arising out of any adaptation, modification or rewording referred to in Clause
4.1 above.
5. CHANGES
5.1 JobServe may
make changes in or withdraw any of the services described in this website and
at any time without notice.
5.2 The services
(including the CV Distribution Service) which JobServe offers to candidates are
entirely gratuitous and JobServe shall not be obliged to maintain or continue
any services offered to candidates on this Website. Without prejudice to the
generality of the foregoing JobServe reserves the right to suspend or cancel
the provision of any service to any particular candidate for any reason
whatsoever.
5.3 JobServe reserves the right to change these terms and
conditions of use by changing them on this website.
6 INFORMATION AND EMAILS YOU SEND US OR SUBMIT
6.1 You should
ensure that information you send to us or any advertiser is accurate and you
are prohibited from posting or transmitting to or from this Website any
material that is libellous, obscene, indecent, seditious, pornographic,
menacing, threatening, offensive, abusive, liable to incite racial hatred,
discriminatory, scandalous, inflammatory, blasphemous, in breach of confidence,
in breach of privacy, which may cause annoyance or inconvenience, fraudulent,
which constitutes or encourages conduct that would be considered a criminal
offence, gives rise to civil liability, or otherwise be contrary to the law of
or infringes the rights of any third party, in Australia or any other country
in the world; which is technically harmful (including, without limitation,
computer viruses, logic bombs, Trojan horses, worms, harmful components,
corrupted data or other malicious software or harmful data) or for which you
have not obtained all necessary licences and/or approvals.
6.2 You may not
misuse the Website (including, without limitation) by hacking or committing
fraud.
6.3 JobServe
will fully co-operate with any law enforcement authorities or court order
requesting or directing JobServe to disclose the identity or locate anyone
posting any material, misusing the Website or otherwise purporting to breach
the law in contravention of paragraphs 6 .1 or 6.2.
6.4 If you
breach of any of the terms contained in paragraphs 6.1 and 6.2 JobServe will
terminate the services provided by this Website.
6.5 JobServe
accepts no responsibility or liability for the use by any agency, employer or
other third party of any CV about you forwarded to any agency, employer
(whether by JobServe or you) or to any third party which comes to your
attention directly or indirectly through your use of this Website.
6.6 If you apply for any job or jobs using the Website you consent
to JobServe monitoring and storing the information provided, along with the
contents of any email.
7. LINKS
7.1 JobServe
does not make any representation as to the security, quality or propriety of
any website which may be accessed through this Website. Linked websites
accessed through this Website are independent websites over which JobServe does
not exercise any control, whether financial, editorial or any other kind and
are not in any way endorsed by JobServe.
7.2 Accordingly
JobServe has no responsibility or liability to you in respect of any products
or services purchased or obtained by you from any such
linked website nor in respect of the use of any personally identifying
information by any such linked website or its owner. If you decide to access
any of the third party websites linked to this Website, you do so entirely at
your own risk.
7.3 You shall
not link to this Website without the express written permission of JobServe.
7.4 If you have
been granted permission to link to this Website, you may only do so on the
basis that you link to, but do not replicate, the home page of this Website,
and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or
appearance of the "JobServe" logo;
(b) you do not create a frame or any other browser or border
environment around this Website;
(c) you do not in any way imply that JobServe is endorsing any
products or services other than its own;
(d) you do not misrepresent your
relationship with JobServe nor present any other false information about
JobServe.
8. COPYRIGHT
8.1 This Website
contains copyright material, trade names and other proprietary information,
including but not limited to, design, text, software and graphics. The entire
contents of this Website are protected by copyright law. JobServe, or its
licensors, own copyright and/or database rights in the selection, coordination,
arrangement and enhancement of such content, as well as in the content original
to it. You may not modify, publish, transmit, participate in the transfer or
sale, create derivative works, or in any way exploit, any of the content, in
whole or in part except as provided below.
8.2 You may
download information from this Website for your own personal use only. Except
as otherwise expressly permitted under copyright law, no copyright,
redistribution, retransmission, publication or commercial exploitation of
downloaded material will be permitted without our express permission and that
of the copyright owner. In the event of any permitted copying, redistribution
or publication of copyright material, no changes in or deletion of author
attribution, trademark legend or copyright notice shall be made. You
acknowledge that you do not acquire any ownership rights by downloading
copyright material.
8.3 If you breach any of the terms in this legal notice, your
permission to use this Website automatically terminates and you must
immediately destroy any downloaded or printed extracts from this Website.
9. VIRUSES ETC
JobServe will not be liable to you for any direct, indirect,
consequential, special or other damage resulting from the transmission from
this Website to your computer systems of viruses, worms, Trojan horses or other
destructive items, however caused, such damage to include, without limitation,
loss of profits, interruption to business, loss of the whole or any part of a
program or any data howsoever stored whether saved on a computer system or
otherwise.
10. TRADE NAMES
JobServe and its logos on this site are trade names of JobServe
Limited. You may not use these names or logos without JobServe's
consent.
11. HOW JOBSERVE PROTECTS AND USES INFORMATION WHICH
JOBSERVE HOLDS ABOUT YOU
The Internet is not a secure medium. However, JobServe will use
its reasonable endeavours to keep the personal information it receives about
you confidential although nothing in these terms and conditions shall restrict
or prohibit JobServe disclosing personal information to recruitment agencies or
employers in circumstances where you have expressly or by implication given
your consent to do so including for example where you have submitted your CV
containing such information. JobServe uses your information in accordance with
its Privacy Policy
(click to view) from time to time and you consent to the use of your
information in such way.
12. LOSSES RESULTING FROM UNAUTHORISED ACCESS TO YOUR DATA
You accept the risk that data transmitted electronically via this
Website or otherwise may be intercepted before reaching its intended
destination or accessed by unauthorised third parties and may be exploited
unlawfully by such third parties. JobServe does not assume responsibility for
guarding against the acts of such third parties and shall not be liable for any
direct, indirect, consequential, special or other damage resulting from third
parties' interception of or access to data of whatever nature.
13. LIABILITY
13.1 JobServe
excludes all liability it may have to you to the fullest extent permitted by law
(and whether such liability arises in contract, tort or otherwise) as a result
of your use of this Website or your accepting of a job vacancy obtained
directly or indirectly through this Website.
13.2 Nothing in
these terms and conditions shall exclude JobServe's
liability for death or personal injury due to its negligence or for fraudulent
misrepresentation.
13.3 If your use of material on this Website results in the need
for servicing, repair or correction of equipment, software or data you assume
all costs thereof.
14 DISCLAIMER
14.1 While
JobServe endeavours to ensure that the information on this Website is correct,
JobServe does not warrant the accuracy and completeness of the material on this
Website. JobServe may make changes to the material on this Website at any time
without notice. The material on this Website may be out of date, and JobServe
makes no commitment to update such material. Please note that you will be
required to use caution, common sense and good awareness as there are also risks
of dealing with persons or people acting under false pretences. By using the
Website you agree to all risks and agree that JobServe is not responsible for
the acts or omissions of others.
14.2 The
material at this Website is provided "as is" without any conditions, warranties
or other terms of any kind. Accordingly to the maximum extent permitted by law,
JobServe provides you with this Website on the basis that JobServe excludes all
representations, warranties, conditions and other terms which but for this
legal notice might have effect in relation to this Website.
14.3 JobServe shall not be liable to you for any loss or damage
suffered, of any nature whatsoever as a result of your
using this Website or our services.
15. HEADINGS
Any headings in these terms and conditions are for convenience
only and shall not affect their construction.
16. GOVERNING LAW
If not actually the case, the contract under which you use this
website shall be deemed to have been made in New South Wales and the
construction, validity and performance of these terms and conditions of use
shall be governed in all respects by New South Wales law and the New South
Wales courts shall have exclusive jurisdiction in respect of any dispute
between you and JobServe concerning your use of this website.
JobServe limited.
(a company incorporated in England) Registered Office,
Level 1, 263 Clarence Street,
Sydney, NSW 2000 ABN 40 885
493 102 ARBN 100 362 561