Acceptance of terms
We provide the Site subject to these Terms of Use. Before you access the Site, it is important that you read, understand, and agree to these Terms of Use. Please help us keep the Site clean. If you see anything that violates these Terms of Use, please email us at enquiries@skills2oz.com
Privacy statement and personal information
You agree that we may collect, use and disclose information about you and send emails to the email addresses which you provide to us in accordance with our Privacy Statement unless you tell us that you object. Our Privacy Statement, is available online for you to read or print out. To see our Privacy Statement go here. If you object to us collecting, using or disclosing information about you then, depending upon your objection, we may not be able to provide services to you.
You also agree to obtain consents from and make disclosures to third parties before providing us with information about them (including without limitation email addresses) in accordance with the Privacy Statement
If you have questions or comments about privacy or wish to make an access request or objection, please contact us.
Varying these terms
We may change these Terms of Use. We will give you reasonable notice of any changes that are adverse to you (such as an increase in the fees we charge you, or a change that imposes additional obligations on you). It is important that you regularly review the most up to date version of these Terms of Use, as they will be the terms on which you access the Site at any time.
Description of the Skills2oz service
The Skills2oz service, provided through the Site, is a business networking interface which allows users to network and communicate with other users / members within the context of making new business contacts, finding business resources, finding business based information, and communicating with these contacts in order to secure employment, and allow the creation of personnel and professional profiles.
This same interface also allows employers and recruiters to search the Skills2oz database and contact potential candidates.
Intended use
The Skills2oz service is intended to be used by the following types of users:
· recruiters and employers – to source and contact candidates for potential employment only (Recruiters). Recruiters must not use the Skills2oz service for any other purpose;
· people either in the workforce or seeking work to establish career networks, source potential employment opportunities, develop their own network of contacts and manage and advance their careers (Members).
The Skills2oz service is provided for users who are at least 16 years of age.
Use of the Skills2oz service
We may refuse the Skills2oz service to a user at our discretion, or delete any content that in our sole judgment breaches this agreement.
You are responsible for the security of your username and password to log on to the Site and for the consequences of its use by a third party. If you believe that your username and password is being used by someone else please contact us immediately.
Account suspension
Accounts are not to be transferred and users must not maintain more than one account with Skills2oz.
We may, with or without cause, suspend your account and access to the Skills2oz service. Circumstances in which we may suspend your access to the Skills2oz service include, without limitation:
· your breach of these Terms of Use;
· any faults, service outages and or other technical problems that inhibit our ability to deliver the Skills2oz service;
· a request to suspend your access received from the police or some other law enforcement agency; or
· if you do not use the Skills2oz service for an extended period.
We will give you reasonable notice prior to suspending your account, except in cases where immediate suspension is necessary because of technical problems, a legal or regulatory requirement, or because you have abused the Skills2oz service. If we suspend your access to the Skills2oz service we are not to the extent permitted by law, liable for any loss or damage suffered by you or any other party.
Prohibited conduct
You must not do any of the following when you use the Skills2oz service or access the Site:
· attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of the Site;
· take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure, including but not limited to "spam" or other such unsolicited mass e-mailing techniques;
· use the Site for any purpose that is unlawful or prohibited by these Terms of Use, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, profane or spam material;
· mislead or deceive others through any act or omission or make a false representation about your identity, including the impersonation of a real or fictitious person or using an alternative identity or pseudonym;
· transfer content which contravenes a confidentiality or non disclosure agreement, insider trading laws, intellectual property rights or which you are not authorised to transfer to another party;
· conduct any activity which compromises or breaches another party's patent rights, trademark, copyright or other intellectual property rights;
· copy, collect or save information about other users including but not limited to user details, skills, employment or education history;
· publish advertising material of any kind or market any goods or services directly to other users;
· introduce any virus, worm, Trojan horse, malicious code or other program which may damage computers or other computer based equipment to the Site or to other users;
· stalk or harass anyone;
· attempt to disrupt or interfere with the delivery of the Skills2oz service or the services of our partners and clients;
· use the details of other users for anything other than the use expressly permitted by those users;
· download, access, use, harvest or download in bulk user or Member details or resumes other than to fill vacant positions or as otherwise explicitly permitted by Skills2oz in writing;
· sell, redistribute or use information contained on the Skills2oz Site for a commercial purpose without Skills2oz's prior written consent;
· pass on user name and password information to anyone other than the authorised member/ customer of that account; or
· allow a single Skills2oz database access licence to be used more than once at the same time.
We make no representation that the content available on or through the Site is appropriate or available for use outside the Commonwealth of Australia. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with their local laws, if and to the extent applicable.
Client information
The Skills2oz service by its nature offers specific user information to other Members and potentially to Recruiters. You grant us a perpetual and irrevocable licence to use and disclose your information to other users. You acknowledge that Skills2oz may reproduce, distribute, transmit, republish, modify to create derivative works from or publicly display this user information or any materials or other information that you transmit to Skills2oz including all, search requests text and blog information submitted to the Site. We will only disclose your information to others in accordance with any applicable privacy laws and we can provide you with options about the sharing of your personal information (see the Skills2oz Privacy Statement)
You represent and warrant that you own the contents posted by you on the Site or otherwise have the right to grant the licence set forth in this section and that posting your content on or through the Site does not violate any privacy laws or any other rights of any other person.
We may reformat, excerpt, or translate any materials submitted by you. All the information that you submit for publication or that you email to others using the Skills2oz service is your sole responsibility. We are not liable for any errors or omissions in any information which we hold on your behalf or on behalf of other users or which passes through the Site during the course of user interaction – e.g. networking.
We make no representation nor give any guarantee about –
· the identity of any other user with whom you may interact in the course of using the Skills2oz Service;
· the authenticity of any data which you or any other user may submit for publication on the Site; or
· the suitability or accuracy of matching of any Member for a particular purpose.
Access to service
Crawling or Spider-ing of Skills2oz content is prohibited as is framing or providing unauthorised interfaces to Skills2oz applications. Pages are coded in order to protect users from either of these activities.
Monitoring and enforcement
We are not able to control and actively monitor content at all times. Despite our efforts, you may be exposed to objectionable content and we urge users to contact us in order to report objectionable content.
If we suspect that you are responsible for submitting objectionable content for publication on the Site, your access to the Site and the Skills2oz service may be suspended. However, we are not obliged to take any action against those responsible for objectionable content.
If we suspend your access to the Skills2oz service we are not liable for any loss or damage suffered by you or any other party.
Fees
Not all users of the Skills2oz service incur fees.
You may incur fees depending on the type of Skills2oz service you use. Details of the fees that are currently charged are set out in our pricing pages on the Site.
All fees are subject to change at any time.
Trade marks
Our name and other trade marks, including the distinctive Skills2oz logo, which appears on the Site, are our trade marks or the trade marks of other third parties (Trade Marks).
Nothing contained on the Site is to be construed as granting, by implication, estoppel, or otherwise, any licence or right to display, use or link to the Trade Marks, whether registered or unregistered, without our prior written permission or the prior written permission of the relevant third party owner.
Your use of the Trade Marks, except as permitted in these Terms of Use, is strictly prohibited.
Software
The software used in connection with the Site is protected by copyright and/or other intellectual property rights (which are governed by Australian and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes).
The software is owned and controlled by us or our licensors. We grant you a personal, non-transferable and non-exclusive licence to use the software on a single computer solely for the purpose of using the Skills2oz services, subject to these Terms of Use. We may terminate the licence at any time without cause or notice to you.
You must not access the Site by any means other than through the home page interface that is provided by us for use in accessing the Site at http://www.Skills2oz.com or any other site notified to you by us.
Limitation of liability
IMPORTANT NOTICE: Terms, conditions and warranties implied by law which cannot be excluded, restricted or modified apply to these Terms of Use to the extent required by that law.
We exclude to the extent permitted by law all other terms, conditions and warranties which might be implied into these Terms of Use.
Our liability for any terms, condition or warranty which cannot be excluded at law, is limited at out option to, in relation to services we supply:
· supplying the services again; or
· payment of the cost of having the services supplied again.
You do not rely on any representation, warranty or other provision made by us or on our behalf which is not expressly stated in these Terms of Use.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Subject to any form of liability otherwise implied by law, our total cumulative liability to you shall not exceed AUD$100.
Release & indemnity
To the extent permitted by law, you release us from any liability to you for any loss or damage suffered by you arising from or related to our supply or non-supply of services to you.
To the extent permitted by law, you indemnify us from any claim made by a third party against us for any loss or damage suffered by a third party arising from or related to our supply of services to you. For the purposes of these Terms of Use –
· the expression loss or damage includes, but is not limited to, loss or damage caused by the loss of or damage to property, personal injury or death, damage to reputation or goodwill, as well as direct and indirect or consequential costs, losses, expenses, lost profits and lost savings; and
· the expression the supply or non-supply of services includes, but is not limited to an act or omission that constitutes or results in negligence, or other tort, or in a breach or alleged breach of contract or statutory duty.
Disclaimer
You agree that -
o your use of the Site and associated software, and any content downloaded or otherwise obtained through the use of the Site, is done at your own discretion and risk;
o you are solely responsible for any damage to your computer system or loss of data that results from the download of content available on or through the Site or use of the associated software;
o the Site is provided on an "as is" and "as available" basis;
o to the extent permitted by law, we disclaim all warranties of any kind in relation to use of the Site and content on or accessible from the Site, whether express or implied, including without limitation all implied warranties of merchantability, fitness for a particular purpose and non-infringement; and
o We make no warranty that:
§ the Site or Skills2oz service will meet your requirements;
§ the Site or Skills2oz service will be uninterrupted, timely, secure, or error-free;
§ results that may be obtained from the use of the Site or Skills2oz service will be accurate, correct or reliable;
§ the quality of any goods, services, information or other material purchased or obtained on the Site or through the Skills2oz service will meet your expectations;
§ any errors in the software or information on or available through the Site will be corrected; or
§ where you have elected to be anonymous (passive) our software will succeed in keeping your identity anonymous.
o no advice or information, whether oral or written, obtained by you from us or accessible from the Site creates any warranty not expressly stated in these Terms of Use;
o if your account is terminated by us due to your prohibited conduct or other breach you commit of these Terms of Use then you shall forfeit any payments already made or owing for access to the Skills2oz database without refund or recourse. You acknowledge that such damages are a genuine pre estimate of the losses Skills2oz may suffer due to such prohibited conduct or other breach and are reasonable. Skills2oz has ownership, copyright, full rights of use and re-publication of all search and profiling information entered and returned by users of the Site.
Entire agreement
These Terms of Use constitute the entire agreement between you and us and governs your use of the Skills2oz Service, superseding any prior agreements between you and us.
Governing law
The law of the State of NSW governs these Terms of Use. Each party submits to the non-exclusive jurisdiction of the courts in the State of NSW, Australia. |