Application Terms and Conditions
Terms and Conditions of Use
Z Recruitment Pty Ltd (ACN 636 213 842) (the Application Owner and/or Z Recruitment) owns the Application. By using the Application and in consideration of the Application Owner providing you with access to the Content and facilities provided, you agree to the following Terms and Conditions of User. The following defined terms are used in these Terms and Conditions.
ACECQA means the Australian Children’s Education & Care Quality Authority.
Application means Z Recruitment’s mobile application that is available for download via the App Store or the Google Play Store which may also be accessed online via a web browser.
Application Owner means Z Recruitment Pty Ltd (ACN 636 213 842) being the registrant.
Centre means a User who uses or accesses the Application in order to recruit or engage the services of a Worker.
Content means the information, documents, graphics, materials and all the works shown on the Application.
Data means any data that You input into the Platform or that is collected with Your authority.
Fees means the fees payable by a Centre to the Application Owner, processed through the Platform in accordance with the Terms of Business signed between the Centre and Application Owner or as otherwise advertised and published on the Platform by Us.
GST means Goods and Services Tax or equivalent value added tax in Your jurisdiction.
Intellectual Property Right means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
Materials has the same meaning as Content.
On-hire agreement means an employment agreement between Z Recruitment and a worker for the utilisation of the Application.
Services or Platform means the services offered via the platform operated by us including the Application which allows Centres to interact with and engage Workers.
Shift(s) means work that takes place in a single day by a Worker.
Terms and Conditions of Use means the terms and conditions contained in this document.
Terms of Business means an agreement between the Application Owner and a Centre for the utilisation of the Application.
User means the person who is using the Application, in whatever part of the world that they may be and includes a Centre and Worker.
Venue means the place or location at which Childcare Services are to be provided.
Worker means a User who uses or accesses the App or Application in order to seek casual employment with a Centre which provides care for children.
We or Our means the Website Owner.
You or User means all people who access or use the Platform in whatever part of the world that they may be and includes Centres and Workers, and Your and Users have corresponding meanings.
In these Terms and Conditions, unless the context otherwise requires:
(a) a reference to a word in its singular form shall be taken to include its plural form, and vice versa;
(b) the words “include”, “including” and “includes” are not words of limitation;
(c) a reference to a party or person in these Terms and Conditions includes a reference to any agent of such party or person; and
(d) a reference to these Terms and Conditions or any other document shall be taken to be reference to the most recent revision of the document referred to.
(e) The Platform including the Application, are owned and operated by the Application Owner.
(g) Please read the Terms and Conditions carefully as they contain important information about Your rights and obligations.
(h) If You do not wish to be bound by the Terms and Conditions then do not use the App or Application.
(j) If You do not understand any of the Terms and Conditions, or You have any questions, please contact Z Recruitment at firstname.lastname@example.org.
Overview of the Platform
2.1 The Application operates as a platform that allows Centres to interact with and recruit or engage Workers. Z Recruitment is not a partner of the Centre or Workers but engages both Workers and Centres through separate contracts and facilitates their interaction on the Application. An initial interview may have already been carried out prior to You being able to access the Platform. If an interview has been carried out, Your (or Your company’s) access to the Platform has been granted on the basis the information provided at such interview is accurate. In the event that We discover that this is not the case, your access may be suspended.
2.2 As the Application acts only as a platform for Centres and Workers to interact, Z Recruitment is not, and does not become, a party to any contractual relationship between the Centre and the Worker but guides their relationship through its own contractual relationship with each party.
2.3 Save as set out in these Terms and Conditions, We do not mediate between the Centre and the Worker in the event of any dispute arising between them. Where a complaint is made, Z Recruitment will investigate the complaint in order to determine whether there has been a breach of the Terms and Conditions (or the relevant contractual agreement with Z Recruitment) and make a determination in this regard. Whilst Z Recruitment will provide its opinion on any dispute and only enforce its rights so far as they relate to the engagement of either party with Z Recruitment, should there be any further disputes or causes of action, Z Recruitment will refrain from participating and will not be a party to any dispute.
2.4 We may add, remove or change the Service, including its features, its functions and Our content, from time to time, at our absolute discretion without notice to You.
2.5 These Terms and Conditions relate to the use of Our Platform. Centres and Workers must only engage on the terms as outlined in the relevant contractor agreement with Z
Recruitment and as otherwise permitted by the Platform. Where a Worker and Centre engage each other on terms outside of those outlined in the Platform and outside of the contractual engagement with Z Recruitment, subject to the relevant contractor agreement, the terms and conditions of such engagement shall be as agreed between such parties but subject always to any fees payable pursuant to the relevant contractor agreement with Z Recruitment. In such instances, the Platform will require that certain terms and conditions be agreed, including:
i). Providing information to Z Recruitment, such as the duration of the engagement, including the date and time of when the services are to start and finish;
ii). The Venue(s) at which the engagement will take place; and
iii). Whether the Worker is to be paid award rates of pay or above award rates of pay and what those rates are.
Working with Children, ACECQA and Visa requirements
3.1 Laws in each State and Territory govern and limit the ability of persons to work at Centres and be involve in child-related work. These laws require that Workers have certain qualifications and undergo identity, background and criminal checks that are commonly referred to as working with children checks.
3.2 It is important to be aware that a working with children check in one State or Territory will not necessarily be valid for use in another State or Territory and that these checks expire after a certain period of time. Qualification requirements also differ between States. There is significant difference between the laws of each State and Territory. Whilst we make all efforts to carry out preliminary investigations, it is the responsibility of Centres and Workers to check and comply with the laws which apply to them.
3.3 If a Worker’s profile states that they have a working with children check, are ACECQA qualified or have a valid working visa We do not guarantee that such check is valid or current. Centres are strongly recommended to check that any Worker has a valid working with children check for their State or Territory, has relevant qualifications and valid visa engaging that Worker.
(a) Notwithstanding the above, We may, in our absolute discretion, require a Worker to provide evidence of their compliance with any working with children check, ACECQA and visa requirement and suspend and/or terminate a User’s Account where such evidence is not provided.
(b) If you are a Worker, you consent to us and any Centre undertaking checks in order to determine any visa and/or working with children status, including with the VEVO database maintained by the Australian Department of Home Affairs.
Licence for the Use of Software
4.1 Subject to the terms of these Terms and Conditions, We grant You the right to access the Platform and to use the Service via the Platform. This right is non-exclusive, non-transferable, and limited by and subject to the terms of these Terms and Conditions.
5.1 Our Fees and Charges
(a) If you are a Worker, it is free to register and use the Service. (b) If you are a Centre in consideration for the Service, You must pay the Fees through the Application.
(c) All Fees quoted are exclusive of GST.
(d) We will issue You with a Tax Invoice in respect of the Fees in accordance with the GST Act or taxes applicable in Your jurisdiction.
(e) Depending on the Services You acquire, Your Fees will be as per the Terms of Business or in the absence of one or on expiry of one, as advertised on the Platform.
(f) We reserve the right to change the Fees advertised on the Platform at any time and the Fees in the Terms of Business as outlined therein.
(g) You must obtain and maintain any insurances you deem necessary or suitable for you.
5.2 Workers Fees and Chargers
The Service only operates as a communication tool which enables Centres to engage Workers. No payment is processed through the Platform. Centres are therefore responsible for paying the fees through the Platform and the payment of Workers is made by Us. It is a condition of Using the Platform and the supply of Workers, that Centres comply with all legislative requirements relating to the engagement of Workers and Centres must comply with any directions given by Us.
Promotions, Free Trial Periods and Discounts
6.1 We may run temporary promotions and offer discounts. Such promotions and discounts may be subject to additional terms and conditions. All times and dates specified in promotions are deemed to be the local time in Sydney, Australia, unless otherwise stated.
6.2 Account Creation and Security
(a) You must create an account in order to receive the Services and access the benefits of the Platform.
(b) You may not create an account if You lack capacity to enter into a binding agreement with Us.
(c) If you are a Centre then a master account may be created for you. You may still be required to create your profile which will need to be approved by Us before you can post Content on our Platform.
(d) In order to create an account, You must provide Us with Your full name, Your postal address, Your email address, mobile phone number, (certifications and qualifications for workers) and other information requested during the account registration process. If You are a Worker, this may include providing details of a current and up-to-date working with children check and visa status. For Centres, this may include your Service Approval Number or Provider Approval Number and details regarding the number of children you are authorised to care for. It may also include nominating authorised users who are able to access your account.
(e) If you are a Worker, following the initial interview you may be able to complete your profile which must be approved by Us following which you will be able to use the Platform.
(f) You warrant that all information You provide during the initial interview or account registration process is accurate and that you will keep information up to date.
(g) Your logon credentials must be kept confidential to You and Your authorised users.
(h) You must immediately notify Us of any unauthorised use of Your logon credentials or any other breach of security.
(i) You agree that You will be responsible for Your use and any activity that occurs as a result of the use of Your logon credentials.
6.3 Acceptable Use
You agree that, subject to any applicable laws:
(a) You may only use the Platform and the Service for lawful purposes, in accordance with this agreement and any condition posted on the Platform;
(b) You must not provide false information when registering or changing Your registration details;
(c) You must not attempt to undermine the security, functionality or integrity of Our systems and networks or, where the Services are hosted by a third party, that third party’s computing system and networks;
(d) You must not attempt to gain access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted;
(e) You must not transmit, or input into the Platform, any: files that may damage any other person’s computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use);
(f) You must not use the Platform or any communication tool available on the Platform for posting or disseminating any material unrelated to the use of the Services, including (but not limited to): the recruitment of permanent staff without Our consent, offers of goods or services for sale, unsolicited
commercial e-mail, content that may be offensive to any other Users of the Services or the Platform;
(g) When You make any communication on the Platform, You represent that You are permitted to make such communication, and You recognise that We are under no obligation to ensure that the communications on the Platform are legitimate, or that they are related only to the use of the Services, however, We reserve the right to remove any communication at any time in Our sole discretion;
(h) You must not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Platform except as is strictly necessary to use either of them for normal operation; and
(i) You must agree to accept sole responsibility for the legality of Your actions under the laws which apply to You. You agree that We and Our directors, officers, employees, agents, contractors, successors, assignees and suppliers have no responsibility for the legality of Your actions. Moreover, You agree to comply with the laws and regulations of Your jurisdiction.
(j) You must not attempt to reverse engineer any code from our Platform or in any way infringe our intellectual property or confidential information.
6.4 Usage Restrictions
Use of the Service may be subject to limitations, including but not limited to use of the Service in order to seek engagement as a Worker depending upon whether You have a current and valid working with children check for the jurisdiction in which You propose offering those services and, if you are a Worker, you have a right to work in Australia.
6.5 Responsibilities of Workers
It is the responsibility of the Workers to:
(a) Ensure that they receive appropriate instructions regarding the supervision, safety, transport, health, medical, dietary requirements or other matters regarding a Child;
(b) Ensure that they comply with any working with children regulation, health and safety or other laws which apply to that Worker.
(c) Ensure that they only accept work that is offered via the Application or Platform, or advise Z Recruitment within forty-eight hours if work has not been offered which has already been accepted via the Application.
(d) Ensure that for a period of 6 months from the cessation of their last Shift, they will not accept a direct offer of employment whether temporary, contract or permanent from any Centre or former Centre of Z Recruitment whom they worked without first notifying Z Recruitment.
(a) You are exclusively responsible for ensuring that all communications You send using the Platform or send to Us are true, complete and accurate. If You are or ought reasonably to be aware that a communication has been corrupted, You must re-transmit or re-send that communication as soon as predicable.
(b) We are not responsible for the accuracy of anything another User posts or submits to Our Platform, nor are We responsible for the online or off-line conduct of other Users.
(c) You agree not to use any of the communication services offered by the Platform to transmit or communicate inappropriate, unlawful or offensive material or to discriminate based on race, gender, sexuality, age, disability or any other attribute protected by law.
(d) You agree not to engage in abusive, defamatory or harassing behaviour, or to engage in any other conduct that may bring Us into disrepute.
7.1 Users may provide reviews of the Workers or Centres they have had dealings with on the Application, as appropriate (User Reviews). User Reviews are aggregated in order to derive an aggregated score. These aggregated scores are published on the Service.
(a) Users and Centres must provide only accurate and truthful User Reviews.
(b) User and Centre Reviews that are posted onto the Application should only relate to genuine interactions. We do not tolerate
spam or unsolicited commercial electronic communications of any kind.
(c) We do not verify the accuracy or otherwise of User Reviews and you release us from any and all liability in respect of a User Review. We nevertheless reserve the right to disregard a User Review.
8.1 Centres cannot cancel a booking once it has been accepted. Centres may cancel a booking which has not been accepted however where a booking has been accepted and the Centre cancels within three (3) hours of start time, the full fee will be payable. Workers may cancel bookings, however they are actively discouraged from doing so and subject to the terms of the On-hire Agreement. If it is necessary to vary or cancel a booking, particularly where this occurs within three hours of the scheduled commencement time, the Worker should directly contact and speak with concerned Recruitment. Such cancellations by Workers may affect their star rating in the Platform.
Warranties You Make
9.1 You represent and warrant that:
a) All information (including Personal Information) and data provided by You to us through the Platform is true, accurate, complete and up to date;
b) You have read, understood and agreement to Terms and Conditions;
c) You will not breach any law or agreement if you agree to an engagement with another User of the Service; and
d) You have complied with all laws.
Using the Platform
10.1 You agree that You will not engage in any activity that directly or indirectly interferes with or disrupts the operation of the Platform or its services in anyway (or the servers and networks which are connected to the Platform) or use the Platform in a manner that adversely affects the availability of its resources to others.
10.2 Z Recruitment cannot guarantee that any file or program available for download and/or execution from or via the Platform is free from viruses or other conditions which could damage or interfere with date, hardware or software with which it might be used. You assume all risk of use of all programs and files on this site, and You release Z Recruitment entirely of all responsibility of any consequences of its use.
10.3 The Platform and its contents are provided to You on “as is” basis; the site may contain errors, faults and inaccuracies and may not be complete and current.
10.4 Z Recruitment reserves the right to change the Platform at any time.
Intellectual Property Rights
11.1 This Platform and all content forming part of the Platform, including without limitation all photographs, images, designs, information, interfaces, text, graphics, brand names, logos and trademarks, are protected by copyright, trade mark and other intellectual property laws.
11.2 You are acknowledge and agree that Z Recruitment owns, controls or is licensed all legal rights, title and interests in and related to the Platform, including all intellectual property rights.
11.3 You may not:
a) Modify or copy the layout or appearance of the Platform or any software or code contained in the Platform; and/or
b) Decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source related to the Platform.
11.4 If You post material to the Platform or correspond or otherwise communicate with Us, You automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of Your correspondence or communication and to prepare derivative
works of the content or incorporate the content into other works
in order to publish and promote such content. This may include, but not limited to, publishing testimonials on our Platform and developing Your ideas and suggestions for improved products or services We provide.
The App Store and Google Play Store
12.1 By downloading and/or using the Application, You agree that You have entered into an agreement with Us, and not with Apple or Google. We are solely responsible for any product warranties, if any, pertaining to the Application, whether express or implied by law, to the extent they are not otherwise effectively disclaimed in these Terms and Conditions.
12.2 By downloading the Application from the App Store or from Google Play, Z Recruitment grants You a non-transferable licence to use the Application on any iPhone or other relevant device that You own or control as permitted by the usage rules of the Google Play Store, the App Store, the App Store terms of service and the Google Play Store terms of service.
12.3 The parties, namely You and Us, acknowledge that neither Apple nor Google have any obligation whatsoever to furnish any maintenance or support services with respect to the App.
12.4 In the event of any failure of the Application to conform to any applicable warranty and where the warranty relates to Your use of a version of the Application downloaded through the Application Store You may notify Apple, and Apple will refund the purchase price for the Application to You (if any); and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the app to conform to any warranty, if any, will be our sole responsibility.
12.5 The parties acknowledge that Z Recruitment, and not Apple or Google, are responsible for addressing any of Your claims relating to the Application or Your possession and/operation of the Application, including, but not limited to: (i) product liability claims made in respect of the Application, (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation in respect of the Application.
12.6 The parties acknowledge that Z Recruitment, and not Apple or Google, are responsible for any claim that the App infringes any third party intellectual property rights and that Z Recruitment, and not Apple or Google, will be solely responsible for the investigation, defence, settlement or discharge of any intellectual property infringement claim.
12.7 You represent and warrant (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (iii) You are not listed on any U.S. Government list of prohibited or restricted parties.
12.8 The parties each acknowledge and agree that Apple and Google, and Apple’s and Google’s respective subsidiaries, are third party beneficiaries of this Agreement, and that Apple and Google will each have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against You as a third party beneficiary of these Terms and Conditions.
12.9 Apple and App Store are trademarks of Apple Inc., registered in the U.S. and other countries. Google and Google Play are trademarks of Google Inc.
12.10 For the avoidance of doubt, the parties state that nothing in this clause is intended to limit, exclude or modify any other provisions of these Terms and Conditions.
Third Party Applications
13.1 This Platform may contain links to other web sites controlled by third parties (Third Party Applications).
13.2 Z Recruitment is not responsible for the content or privacy practices of Third Party Applications
13.3 Links to Third Party Applications are provided solely for Your convenience and do not constitute, expressly or impliedly, an endorsement by Z Recruitment of the third party or the products or services provided by the third party or any affiliation between Z Recruitment and the third party
13.4 You access Third Party Applications and/or use those Third Party Application’s products and services solely at Your own risk
and should make Your own enquiries before relying on any content contained in such Third Party Applications.
14.1 Cookies are small pieces of information that Your browser stores on Your computer hard drive.
14.3 If cookies are available and You disable cookies on Your web browser, You may not be able to fully experience all features of the Platform.
Availability, withdrawal, and suspension of service
15.1 Whilst We endeavour to provide continuous access to the Platform, We do not warrant that Your access will be safe, uninterrupted, timely, secure or error free.
15.2 Z Recruitment may at its discretion withdraw completely, or suspend for a period of time, the Platform, or Your access to it for any reason including without limitation:
a) If there is an interruption, system failure, fault, virus, maintenance or repair requirement, unauthorised access, denial of service or other malicious attack on any part of our computer or telecommunications system;
b) If You beach any part of these Terms and Conditions; or c) If You use or assist others to use the Platform for inappropriate or unlawful purpose, including the storage or transmission of inappropriate, unlawful or offensive material.
Exclusion and limitation of liability
a) Do not warrant that the Platform will be available at all times or that it will be provided without fault or disruption;
b) Do not endorse or recommend any User;
c) Do not warrant that We have reviewed, undertaken, verified or approved regulatory checks, the credentials, identity, background details, skills, expertise or experience of any User or that any User is in any respect compliant with regulatory requirements;
d) Do not warrant that We believe the User is in all circumstances an appropriate person with whom You should be dealing with;
e) Do not warrant that any User is suitable to be a User of the Platform; and
f) Do not provide any training to Users in respect of the services they may provide.
16.2 Z Recruitment and its related bodies corporate, directors, officers, employees, agents, contractors, successors or assignees makes no representations or warranties of any kind, express or implied as to the operation of this site or the information, content, material or services included on the Platform, except as otherwise provided under applicable laws.
16.3 Subject to any rights You have under any consumer protection law, Z Recruitment excludes to the fullest extent possible under law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms and Conditions.
16.4 Where any law (including the Australian Consumer Law) provides a consumer guarantee which may not be lawfully excluded, our liability will be limited to that provided by law. Without limiting the foregoing, to the extent permitted by law, the liability of Z Recruitment for any claim will at all times be limited to supplying You the services offered by Z Recruitment again.
16.5 To the maximum extent permitted by applicable law, Z Recruitment, nor its Related Bodies Corporate, directors, officers, employees, agents, contractors, successors or assigns will not be liable in any way to you or anyone else for any loss or damage, however it arises (whether in contract tort including negligence, or otherwise) out of or in connection with your access and use of the Platform.
16.6 You agree to accept sole responsibility for the legality of Your actions under the laws which apply to You. You agree that We, Our affiliates and related entities have no responsibility for the legality of Your actions.
17.1 You will at all times indemnify, and keep indemnified, Z Recruitment and Z Recruitment’s directors, officers, employees and agents from against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by You or by us arising from any claim, demand, suit, action or proceeding by any person against You or Us where such loss or liability arose out of in connection with or in respect of Your conduct or breach of Terms and Conditions.
18.1 You may stop using the Platform at any time for any reason. In order to cancel your account, please contact us at 02 8036 8399. Access to the Platform will automatically suspended for Centres where the Centre has not paid the Fees prior to their
18.2 Z Recruitment may suspend or limit Your access to the Platform in our absolute discretion without notice or liability to You for any reason.
18.3 Z Recruitment reserves the right to, at its discretion, terminate these Terms and Conditions and Your access to and use of the Platform at any time.
18.4 The exclusions and limitations of liability made by Us in these Terms and Condition will survive termination or suspension of Your access to the Platform.
19.1 Z Recruitment may in its sole discretion amend these Terms and Conditions at any time. Any variations to these Terms and Conditions will take effect from posting on the Platform.
19.2 Z Recruitment may give notice to You by electronic mail. You may give notice to Z Recruitment by electronic mail to email@example.com.
19.3 Any provisions of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction where it may be lawful.
19.4 A failure or delay by Z Recruitment to exercise a power or right, and the exercise of a power or right by Z Recruitment does not preclude its future exercise or the exercise of any power or right by or on behalf of Z Recruitment.
19.5 Your use of this Platform is governed by, construed and enforced in accordance with the laws of New South Wales, Australia. Disputes arising from Your use of this Platform are exclusively subject to the jurisdiction of the courts of New South Wales, Australia.
19.6 The Platform may be accessed throughout Australia. Z Recruitment makes no representation that the content of the Platform complies with the laws (including intellectual property laws) of any country outside Australia. If You access this Platform from outside Australia, You do so at Your own risk and are responsible for complying with the laws in the place where You access this Platform.
Restrictions on the Use
20.1 The User must not use the Application and the information and facilities contained in it in any unlawful way, or for any illegal purpose, or in any manner that infringes the rights of the Application Owner.
20.2 In addition, the User must not:
(a) data mine or conduct automated searches on the Application or the Content on the Application, whether through the use of additional software or otherwise;
(b) incorporate any of the Content on the Application or the Content, including advertising or promotional Materials;
(c) frame or mirror the Application without the Application Owner’s prior written consent;
(d) tamper with, hinder the operation of, or make unauthorised modifications to the Application or any Content;
(e) knowingly transmit any virus, worm or other disabling feature to or via the Application;
(f) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(g) advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters from our domain;
(h) delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
(i) use the Application to send commercial, unsolicited or bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003 (Cth); or
(j) use the Application or any facilities available on the Application for any activities, or transmit to or via the Application any information or Content which:
(1) breaches any laws or regulations;
(2) breaches these Terms and Conditions of Use;
(3) infringes a third party’s rights (including intellectual property rights, rights of privacy or their trade secrets);
(4) is inappropriate, offensive, obscene, threatening, indecent, inflammatory, pornographic, defamatory or confidential;
(5) is false or misleading;
(6) is discriminatory or in breach of State or Commonwealth anti-discrimination legislation; or
(7) identifies a person, or which can be used to identify a person (including any copy, photos or other pictorial representations), unless you have obtained that person’s authority; or
(8) attempt to do, or permit another person to do, any of the above acts.
(k) You access the Application at your own risk and you are responsible for compliance with the laws of your jurisdiction (in your home country) and these Terms and Conditions of Use.
Accessing the Applicationoutside Australia
22.1 We do not represent or warrant that Content on the Application complies with the laws of any country outside of Australia. If you access the Application from outside Australia, you do so at your own risk.
Provision of service
23.1 We may without notice suspend the Application or disconnect or deny you access to any part of the Application during: (a) any technical failure;
(b) maintenance period that the Application Owner decides to utilise;
(c) if you do, or allow to be done, anything which in our opinion may have the effect of jeopardising the operation of the Application.
23.2 The Application Owner may make improvements and or changes to the Application or the Content at any time without notice to you. We do not warrant that the site architecture or navigation will not change now or at any time into the future.
24.1 You may download, print or copy information on the Application for your own use. Apart from this, you shall not sell, lease, furnish or otherwise permit or provide access to the Application to any other person and you must not use, reproduce, communicate, publish, or distribute any of the Content on the Application, unless this constitutes a fair dealing for the purposes of the Copyright Act 1968 (Cth). In particular, you must not reproduce or use any of the information on the Application for commercial gain.
Limitation of liability
25.1 The Application Owner makes the Application available for Users to use, however it does not assume a duty of care to Users. The Application Owner makes no warranties or representations regarding the quality, accuracy, completeness, merchantability or fitness for purpose of the Content or the Materials.
25.2 The Application Owner does not warrant or represent that the Application or Materials will not cause damage or are free from any computer virus or any other defects or errors.
25.3 Where any law implies a warranty into these Terms and Conditions of Use which may not lawfully be excluded, then to the maximum extent permitted by law, our liability for breach of the warranty will at our option be limited to the supply of the product or services again, or the payment of the cost of having them supplied again.
25.4 Where liability cannot be excluded, any liability incurred by the Application Owner in relation to the use of the Application or the Content is limited as provided under the Competition and Consumer Act 2010 (Cth) or any superseding legislation.
25.5 Under no circumstances will the Application Owner be liable for any incidental, special or consequential damages, including damages for loss of business or other profits arising in relation to use or reliance on Content on it’s Application.
Links from the Application
26.1 The Application Owner makes no warranties or representations that Material or Content on other Applications to which the Application is linked does not infringe the intellectual property rights of any person anywhere in the world.
26.2 The Application Owner is not authorising infringement of any intellectual property rights contained in material or Content on other sites.
27.1Provision of license
You represent and warrant in relation to any Content you upload to the Application that you provide the Application Owner with a perpetual, non-exclusive, unlimited, royalty-free, irrevocable, worldwide and transferable right and licence to:
(c) or otherwise re-distribute,
the Content in any way that the Application Owner determines at its absolute discretion.
You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
27.3Role of the Application Owner
The User acknowledges in relation to the role of the Application Owner that:
(a) The Application Owner does not moderate, control or authorise the activities of Users in posting Content to the Application;
(b) the User and the User alone, will be responsible for any breach of any law that is caused directly or indirectly by infringing uploading Content that is illegal or breaches a third party’s intellectual property rights;
(c) The Application Owner reserves the right to remove, delete, modify or change the Content that a User uploads to the Application.
27.4Content uploaded to the Application
The User acknowledges that:
(a) Any Content uploaded to the Application is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
(b) the Content is not the ‘passing off’ of any product or service and does not constitute unfair competition;
(c) it owns the copyright in the Content that is uploaded onto the Application and the Content does not infringe any intellectual property right including, but not limited to:
(1) trade marks (whether registered or unregistered);
(2) business names (whether registered or unregistered); (3) confidential information; and
(d) the Content does not infringe any legislation or regulations of the Commonwealth of Australia and the state of New South Wales or any other state including, but not limited to, the
(1) Competition and Consumer Act 2010 (Cth);
(2) Fair Trading Act 1989 (Qld)
(3) Copyright Act 1968 (Cth);
(4) Trade Marks Act 1995 (Cth);
(5) Fair Trading Act 1998 (NSW)
(e) and equivalent state and territory legislation and any other legislative body competent to legislate in relation to the Application or any law in any country where the Content is or will be available electronically to Users of the Application.
Copyright in Content
28.1 Unless otherwise indicated, the Application Owner reserves all copyright in the Content and design of the Application. The Application Owner owns all such copyright or uses it under licence or applicable law.
28.2 Other than for the purposes of and subject to the conditions under the Copyright Act 1968 (Cth) (or any other applicable legislation throughout the world), or as otherwise provided for in this copyright notice, no part of any Materials may in any form or by any means (including framing, screen scraping, electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, stored in a retrieval system or transmitted without the prior written permission of the Application Owner.
28.3 The Application Owner is the owner of several trade marks which appear on the Application. Unauthorised use of these trademarks will infringe our intellectual property rights.
28.4 The Application Owner reserves all other rights in Content and the Application.
Improvements and modifications
29.1 The Application Owner welcomes ideas and feedback from Users about all aspects of the Application. The User agrees that the Application Owner may reproduce, distribute, transmit, create derivative works of, and publicly display any Materials and other information (including ideas for new or improved products and services) that you submit to any public areas of the Application (such as forums) or by email to the Application Owner.
If any part of these Terms and Conditions of Use are found to be void, unlawful or unenforceable then that part will be deemed to be
severable from the balance of the document and the severed part will not affect the validity and enforceability of the remaining terms and conditions.
30.2 Applicable Law
These Application Terms and Conditions and the Content on the Application are governed by the law applicable in the state of New South Wales, Australia.
The Application Owner and the User irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales, Australia in the event of a dispute over these Terms and Conditions of Use or the Materials contained herein.
By using the Application, you indemnify the Application Owner and its respective officers, employees and agents (the Indemnified) against any claim or proceeding that is made, threatened or commenced, and any liability, loss, damage or expense (including reasonable legal costs on a full indemnity basis) that the Application incurs or suffers as a direct or indirect result of:
(a) a breach by you of these Terms and Conditions of Use; (b) an actual or alleged breach by you of any law, legislation, regulation, by-law or code of conduct caused by data uploaded or downloaded from the Application; and
(c) any claims brought by or on behalf of any third party relating to any act or omission by you, including breach of a third party’s copyright or trade mark.
30.5 Changes to Terms and Conditions
The Application Owner may change these Terms and Conditions of Use at its discretion by providing notice on the Application. The current version of the Terms and Conditions of Use will be available on the Application at any time.
If the Application does not act in relation to a particular breach by you of these Terms and Conditions of Use, this will not be treated as a waiver by the Application Owner of our right to act with respect to subsequent or similar breaches.
30.7 Entire agreement
These Terms and Conditions and any warranties implied by law which are not capable of being excluded or modified embody the entire agreement between the Application Owner and the User. Any contact with Customer Service Officers of the Application Owner that includes any negotiations, representations, warranties, arrangements and statements (if any) whether expressed or implied, including any collateral agreement or warranty, with reference to the subject matter or the intentions of either of the parties are merged and otherwise are excluded and cancelled by these Terms and Conditions of Use.
31.1 You should obtain independent legal and financial advice with respect to the content and effect of these Terms and Conditions if you are unclear about any terms.
32.1 In the event of a dispute between You and Us regarding any non payment (where applicable) or other matters relating to this agreement, We shall seek (but not be obliged to seek) to commence a settlement process with You in a bid to resolve the dispute in an equitable outcome between both parties.
32.2 The settlement process may or may not require the need for legal counsel if both parties can agree to the terms of the resolutions decided upon.
32.3 In the event of a failure to resolve the dispute under this clause the parties shall be entitled to commence any legal action to enforce the terms of this agreement including but not limited to debt collection proceedings under the jurisdiction of this agreement.