These terms and conditions relate to your use of this website (Website) and the services we offer on it as described in clause 1 and clause 2.2 below (Services). By using the Website and the Services you agree to be bound by these terms and conditions. We may revise these terms and conditions from time to time by updating this posting. The revised terms will take effect when they are posted.
In these terms and conditions, "we", "our" and "us" refers to Navitas Workforce Solutions Pty Limited, its contractors, employees, related bodies corporate, officers, directors and agents.
1. SERVICES AND FEES
The Website provides (among other things) a free resume build and hosting service and other associated employment related services.
We provide an optional verification service whereby at your specific request, we will independently verify information within your resume. If you choose to receive this service, we reserve the right at any time to charge or amend the fees payable by you for this service and to vary or amend the terms and conditions which cover such fees.
2. REGISTRATION AND SHOPPING
- You may be required to register with us in order to access parts of the Website or to make use of some of the Services. Where you are required to register:
- you must provide us with accurate, complete and updated registration information;
- you must safeguard any user name and password which we provide to you;
- you authorise us to assume that any person using the Website or Services with your user name and/or password is either you or is authorised to act for you;
- where your user name and/or password is specific to you, you must not allow anyone else to use your username and/or password;
- you agree to immediately notify us of any unauthorised use of your user name and/or password or any breach of security of which you become aware;
- you may cancel your registration at any time by notifying us;
- we reserve the right to discontinue or cancel your registration in our sole discretion without notice if you do not visit the Website or use the Services for an extended period of time, if you breach any of these terms and conditions or any applicable law or if we conclude that your conduct impacts on our name or reputation or violates our rights or those of another party.
- The Website may provide you with the option to purchase products or services online, for example, the right to advertise job vacancies or to benefit from our resume verification service.
- Services can be purchased using our secure online American Express, Master Card, Visa and Diners Club transaction facility (unless otherwise noted on the Website), and where specifically noted on the Website by cheque, money order or EFT Transfer.
- To ensure that your credit card or personal details are kept secure in transit over the internet, we use a 128 bit encrypted SSL Web Server Certificate to encrypt data going to and from the Website. SSL works by providing a secure link between your browser and scrambling any information you provide to us to ensure it is kept secure. However, while we use our best endeavours to protect all such information at all times, we cannot be responsible for any unauthorised access to the information.
- All prices quoted in connection with the Services are in Australian Dollars (A$) and exclude GST, taxes, levies and other duties unless otherwise stated. All prices are correct at the time of publication however we reserve the right to alter prices for any reason, at any time.
- ou are responsible for paying any GST, taxes, levies and other duties that may be imposed in connection with your order.
- In making an order for Services you authorise us to process your credit card or other payment immediately.
- Once you have made your order by submitting the order form information by clicking the 'submit' button, orders cannot be cancelled and refunds cannot be obtained for Services, except as required by law.
- You acknowledge that the Website, the Services and all related content are subject to copyright and possibly other intellectual property rights (Intellectual Property Rights) and that we (or our licensors) retain all right, title, and interest in and to the Website, the Services and all related content, and nothing you do on or in relation to the Website, the Services or any of the related content will transfer any Intellectual Property Rights to you or, except for the licence referred to in clause 3.2, licence you to exercise any Intellectual Property Rights unless this is expressly stated.
- We grant you a limited, non-transferable licence to access and use the Website solely for the purpose of using the Services and interacting with us online. You may download material from this Website for your personal, non-commercial use only and provided you keep intact all copyright and other proprietary notices. Nothing displayed on this Website should be construed as granting any licence or right of use of any logo or trade mark displayed on the Website without the express written permission of the relevant owner.
- You must not modify, copy, reproduce, republish, upload, post, transmit or distribute any material from this Website (including code and software).
- Subject to applicable law, we may revoke the licence granted pursuant to clause 3.2 at any time and may suspend or deny, in our sole discretion, your access to all or any portion of the Website or the Services without notice.
- Any rights not expressly granted to you in these terms and conditions are hereby reserved to us.
4. THE SERVICE
- The Website and the Services may contain material or content uploaded, posted, emailed or otherwise electronically transmitted (Posted) by users of the Website, including you (User Content). We reserve the right:
- to access or examine any User Content; and
- at our discretion, move, remove or disable access to User Content which we consider, in our sole opinion, to breach any law or to be otherwise unacceptable.
- You acknowledge that we may remove any User Content Posted by you at our sole discretion and that we have no responsibility or liability for the deletion or failure to store any communications or content Posted on the Website or through the Services.
- If you use the Website or the Services, you are solely responsible for any User Content Posted by you. In using the Website or Services, you must not:
- violate any applicable laws;
- impersonate any person;
- Post any User Content that:
- infringes the Intellectual Property Rights of any third party or Post User Content that you do not have the right to Post; or
- is unlawful, harmful, threatening, abusive, misleading, invasive of another's privacy, harassing, defamatory, slanderous, vulgar, obscene, hateful, racist, embarrassing or otherwise objectionable to any other person or entity; or
- contains any unsanctioned advertising, promotional materials, or any other forms of unsanctioned solicitation, including without limitation junk mail, spam, chain letters, or any unsolicited mass distribution of email;
- stalk, harass or otherwise harm others;
- distributes viruses, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software.
5. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
- all User Content that you Post is true, accurate and not confidential to or owned by any other person;
- you will not use the Website or the Services for any purpose that is unlawful or prohibited by these terms and conditions; and
- all User Content Posted by you is owned by you and our use of such User Content does not infringe or violate the Intellectual Property Rights or any other rights of anyone else. You license us to use, modify, adapt, publish, display, sublicense, create derivative works from and incorporate in other works any User Content Posted by you, at any time in the future in any form and for any purpose and warrant that you have the right to grant this licence.
You agree to defend, indemnify and hold harmless us, our officers, directors, employees, agents, subcontractors, licensors, and suppliers, from and against all claims, actions, demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your use of the Website or the Services or resulting from, or alleged to result from, your use of the Website or the Services, a breach of your representations and warranties in clause 5, or your violation of any of these terms and conditions.
7. USE OF THE SITE IS AT YOUR OWN RISK
- You use the Website and Services at your risk. You must evaluate and bear all risks associated with the use of any material or content, including reliance on the accuracy, completeness or usefulness of any material or content. In particular:
- we endeavour to provide a convenient and functional Website and Services, but we do not guarantee that that your requirements will be met or that any content will be available, uninterrupted, error free or that the Website or Services or the server that operates them are free of viruses or other harmful components;
- while we may attempt to keep information on the Website or the Services current and accurate, we do not make any warranties or representations about the currency and accuracy of any information on the Website or the Services (including any job advertisements);
- any information we provide on the Website is intended to provide general information in summary form on legal and other issues;
- we do not endorse or recommend any of the advertisers, employment opportunities or business opportunities advertised on the Website and recommend that you obtain your own independent legal, financial, accounting or other professional advice as appropriate;
- it is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Website;
- If your use of the Website or the Services results in the need for servicing or replacing property, material, equipment or data, we will not be responsible for such costs.
- Without limiting the above provisions, to the extent permitted by law, everything on the Website and in relation to the Services is provided to you "as is" and "as available" without warranty or condition of any kind, either expressed or implied, including under the Trade Practices Act 1975, and including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We exclude all representations and warranties to the fullest extent permissible under applicable law.
8. LIMITATION OF LIABILITY
To the maximum extent permitted by law:
- we have no liability to you, whether for breach of these terms, in negligence, in any other tort, in equity or for any other common law or statutory cause of action arising in relation to these terms, the Website, the Services or any related content;
- we will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use the Website, the Services or any content (including as a result of our failure to provide any of the Website, Services or content or any part of the same), whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we know of the possibility of such damage; and
- our liability for breach of any implied warranty or condition which cannot be excluded is limited at our option to the following:
- in the case of products, the replacement of the products or the supply of equivalent products, the repair of such products, the payment of the cost of replacing the products or acquiring equivalent products, or the payment of the cost of having the products repaired; and
- in the case of services, the supply of the services again or the payment of the cost of having services supplied again.
9. VARIATION OF THE WEBSITE AND SERVICES
You acknowledge that we may, in our sole discretion and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website or the Services and you agree that we are not liable to you or any third party for such variation, modification or discontinuance.
10. VARIATION OF THE WEBSITE AND SERVICES
We have not reviewed all of the sites linked to the Website and are not responsible for the content or accuracy of any off-site pages or any other sites linked to the Website (including without limitation sites linked through advertisements). The inclusion of any link does not imply that we endorse the linked site, and you use the links at your own risk. Your correspondence or dealings with, or participation in promotions of, advertisers on the Website are solely between you and such advertisers.
11. VARIATION OF THE WEBSITE AND SERVICES
In using the Website and the Services, you may give us personal information in which you have certain rights. By using the Website, you grant us consent to use your personal information in accordance with our privacy web statement and you acknowledge that our privacy web statement forms part of these terms and conditions, including but not limited to those provisions in respect of everification and credit card use.
12. VARIATION OF THE WEBSITE AND SERVICES
- If any part of these terms and conditions is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
- These terms and conditions are governed by the laws of New South Wales, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
- These terms and conditions constitute the entire agreement between us and you in relation to the Website and your use of the Services and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Website and the Services.
- Your use of the Services is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of the Services, including sending you electronic notices.
- The provisions of these terms and conditions which by their nature survive termination or expiry of these terms and conditions will survive cancellation of your registration or termination or expiry of these terms and conditions.