TERMS OF USE
1.
This Website ("Site") is owned and
operated by Ozstaff Career Services Pty Ltd (ACN 147 550 865) ("Ozstaff").
2.
By accessing or using this Site, you agree to be
bound by these terms and conditions of use ("Terms of Use"). Please read these Terms of Use carefully
before using the Site. If you do not
agree to be bound by these Terms of Use, please immediately discontinue your
use of the Site.
3.
Further to the services offered via this Site,
you may engage Ozstaff to perform recruitment services. These Terms of Use are in addition to any
terms and conditions that apply to the provision of recruitment services by Ozstaff.
4.
Ozstaff may amend these Terms of Use from time
to time. Any amendment will be effective
immediately upon being posted on this Site.
A copy of the current Terms of Use will be available on this Site at all
times. By continuing to use this Site
you accept the Terms of Use as they apply from time to time. You should re-visit this page periodically to
review the Terms of Use. If you violate
any Terms of Use your right to use and access this Site may terminate at Ozstaff's
discretion.
5.
Ozstaff reserves the right to vary or modify the
information contained on this Site, to change or discontinue any feature or
part of this Site, or to change the hours of availability and the equipment
required to obtain access to this Site, without notice and without liability.
Privacy
6.
Ozstaff complies with the National Privacy
Principles contained in the Privacy Act
1998 (Cth).
7.
Ozstaff may collect, use, store, record and
transmit your personal information entered on this Site in accordance with its
Privacy Policy. If you
do not consent to the provision of your personal information, Ozstaff may not
be able to provide you with the services and facilities on this Site, or
complete the transaction you have entered into.
8.
Your continued use of the Site, and the
provision of your personal information, constitutes your approval for Ozstaff
to deal with your personal information in the manner detailed in the PrivacyPolicy.
General Membership Information
9.
You will be prompted to register for membership
of this Site and to submit certain information in order to fully utilise the services
and facilities provided. This
information may include but is not limited to your name or business name,
title, gender, date of birth, address, contact information.
10.
Registration as a member of this Site is free,
however, to use some services provided or available on the Site, fees will apply.
11.
Upon becoming a member, you will be prompted to
enter a Member ID (your email address) and a password of your choice. You are responsible for maintaining the
confidentiality and security of your Member ID and password. You are responsible for all activities undertaken
on this Site under your Member ID and password.
12.
Ozstaff may terminate your membership or the
operation of the Site at any time. You
may de-activate your membership at any time by following the prompts on the
Site. Any fees or charges for services paid
to Ozstaff prior to the date of termination or de-activation are non-refundable.
13.
Please note that de-activation of your membership
will not automatically remove your personal information entered on the
Site. Please contact Ozstaff if you want
your personal information deleted from the Site.
14.
All information you enter on this Site must be
accurate, complete and not misleading, deceptive, defamatory or contrary to law.
15.
From time to time, you may be able to post
reviews and/or comments regarding the services featured on this Site. You irrevocably grant to Ozstaff a
non-exclusive, royalty free, perpetual right to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute and display such
reviews and comments throughout the world in any media. You expressly waive in
favour of Ozstaff all moral rights in any jurisdiction.
16.
As a member of the website, you must not:
(a)
register as a member multiple times;
(b)
create a false membership;
(c)
create an account impersonating another individual
or employer;
(d)
transmit Spam emails;
(e)
solicit money, passwords or personal information;
(f)
stalk, harass or threaten others;
(g)
interfere with or disrupt the operation of the
Site.
Information for Job-Seekers
17.
Ozstaff makes no representation that the employers
and positions listed on this Site ("Employers" and
"Positions") are currently available at any time. As a Job-Seeker, it is your responsibility to
verify the availability of Positions directly with the relevant Employer.
18.
Ozstaff does not endorse any of the Employers or
Positions and makes no representation that the Employers and Positions are
suitable for you, even if your Profile and the Jog Advertisement are matched
pursuant to clause 27. Ozstaff recommends that you seek legal, accounting, financial or
taxation advice as appropriate prior to entering into any agreement with an
Employer or accepting any Position.
19.
Without registering on the Site, you will be
able to view and search job advertisements listed on the Site ("Job
Advertisements") but will not be able to access and take advantage of the
Job-Seeker portion of this Site.
20.
The Job-Seeker portion of this Site is designed
to allow Job-Seekers to:
(a) create a personal profile including uploading a video
profile;
(b) create position based Resumes for intended use and enhance
Resumes with Ozstaff's Resume Builder;
(c) store, download and print Resumes for intended use;
(d) apply on-line for Positions,
(e) priority list your Profile for greater opportunity;
(f) engage Ozstaff to perform an independent reference or
background check;
(g) receive notifications and emails regarding potential job
opportunities and interviews;
(h) research and view Employer profiles.
21.
Registered Job-Seekers can apply on-line for a
Position by simply following the prompts on any Job Advertisement such as pressing
the "Apply Now" button, completing mandatory fields (such as name,
phone number and email) and attaching requested documentation such as a cover
letter and Resume.
22.
By applying on-line for a Position, you
authorise Ozstaff to forward your application directly to the Employer.
23.
As a Job-Seeker, you can provide as much or as
little information in your Profile as you choose and you have the right to hide
your contact details (including address).
24.
As a Job-Seeker, the listing and content of your
Profile and Resumes is your responsibility.
You must maintain and update your Profile and Resumes and your
availability as required. You can also modify,
hide or delete your Profile or Resume at any time.
25.
Messages regarding potential job opportunities
and interviews will be delivered to your inbox on the Site.
26.
If you want your Profile to appear on the Site under
the heading "Hot Candidate", fees will apply.
27.
Once you register on the Site and create a
Profile, Ozstaff will match your Profile with potentially suitable
Positions. These matches are based on
the inclusion of key-words in both your Profile and the Job Advertisement. You authorise Ozstaff to provide potentially
suitable Employers ("Matched Employers") access to your Profile, or
information about you you’re your Profile as it sees fit and without
notification to you.
28.
Employers will not be able to view your full Profile
unless:
(a) you have applied for a Position posted by that Employer, or
(b) they are a Matched Employer and have paid Ozstaff a fee to
view potentially suitable Job-Seekers ("Matched Job-Seekers").
Information for Employers
29.
If you do not register for membership you will
be able to view very limited information regarding Job-Seekers and will not be
able to post Job Advertisements or access or take advantage of the Employer
portion of this Site.
30.
The Employer portion of this Site is designed to
allow Employers to:
(a) create
a business Profile, including a video profile;
(b) post
Job Advertisements for local and global appointments;
(c) priority
list your Job Advertisement;
(d) view and contact Job-Seekers who respond to your Job
Advertisement;
(e) engage
Ozstaff to do a reference or background check;
(f) search and view Profiles of Matched Job-Seekers.
(g) view whether there are any appropriate Pre-Screened Candidates. Pre-Screened Candidates are not Job-Seekers
listed on the Site but are job-seekers within Ozstaff's database who have been
screened by Ozstaff and met its selection criteria and who in Ozstaff's
professional opinion would be suitable for the Position.
31.
To post a Job Advertisement, fees will apply.
Employers must read and accept the Advertising Terms and Conditionsbefore submitting any
advertising. If you do not agree to be
bound by the Advertising Terms and Conditions, you are not authorised to post a
Job Advertisement.
32.
Applications by Job-Seekers in relation to your
Job Advertisement will be delivered to your inbox on the Site.
33.
Following the publication of your Job
Advertisement, Ozstaff will provide information, delivered to your inbox on the
Site, regarding the number of Matched Job-Seekers and appropriate Pre-Screened
Candidates.
34.
If you want to view the Profiles of Matched
Job-Seekers, fees will apply.
35.
If you are interested in a Pre-Screened
Candidate please contact Ozstaff. To
hire a Pre-Screened Candidate you must engage Ozstaff to provide recruitment
services in accordance with Ozstaff's applicable term and conditions and a placement
fee will be applicable.
36.
As an Employer, the listing and content of your
Profile is your responsibility. You must
maintain and update your Profile. You
can also modify, hide or delete your Profile at any time.
37.
Except where Ozstaff has suggested Pre-Screened
Candidates:
(a) Ozstaff makes no representation as to Job-Seeker
availability, or the accuracy of Resume information listed on this Site and it
is your responsibility to verify the Resumes and the Job-Seeker's
qualifications and experience directly with the Job-Seeker and their references.
(b) Ozstaff does not endorse any of the Job-Seekers listed on
the Site and makes no representation that the Job-Seekers, including Matched
Job-Seekers, are suitable for you.
Breach of Terms and Conditions
38.
Ozstaff will at its absolute discretion
determine whether there has been a breach of these Terms of Use.
39.
If a breach has occurred Ozstaff may take but is
not limited to the following actions:
(a)
termination or suspension of any account or
membership;
(b)
removal of any material posted onto the Site;
(c)
issue a warning to a member;
(d)
commence legal proceedings for reimbursement on
a full indemnity basis (including legal costs) resulting from the breach;
(e)
disclose to relevant law enforcement agencies
all information Ozstaff deems relevant.
40.
Ozstaff is not liable for any loss or damage
sustained by any party due to Ozstaff's response to a breach of these Terms of
Use.
Disclaimer & Limitation of Liability
41.
Except where Ozstaff is engaged by the Employer
to provide recruitment services:
(a) Ozstaff is not involved in any manner with the interview
process.
(b) Ozstaff acts as an online venue to allow members to
communicate regarding potential job opportunities and you acknowledge and agree
that Ozstaff is not involved with the actual communication and transactions
between prospective Job-Seekers and Employers.
42.
Any views, expressions and opinions on the Site
are attributable to the member that posted them and are not the views,
expressions and opinions of Ozstaff.
43.
Ozstaff disclaims any liability in relation to
the content of any messages or information posted by users of this Site. Ozstaff reserves the right - but not the
obligation - to move, review, edit or delete any material that Ozstaff deems to
be illegal, offensive, inappropriate or in breach of these Terms of Use. You agree to indemnify Ozstaff for any
losses, costs, expenses or damages that Ozstaff may suffer or incur if any of
the information provided by you is not correct, or is otherwise inappropriate.
44.
Ozstaff does not warrant, guarantee or make any
representations regarding the content, accuracy, adequacy, reliability completeness,
timeliness or any other aspect of the information available on this Site or
that it is suitable for your intended use.
The access to, and the information available on this Site is provided
"as is" without warranty of any kind, express or implied, to the
extent permissible by law. The information is
general in nature and does not constitute professional advice, and is provided
for informational purposes only. In
spite of reasonable efforts to keep the content current, it may become out of
date from time to time
45.
Ozstaff does not warrant or represent that the
information provided on this Site is free from human or mechanical error,
technical inaccuracies or other typographical errors or defects. The use of the Site is at your own risk.
46.
Ozstaff makes no warranties, guarantees or
representations that the material in this Site or made available for download
through the Site or delivered via electronic mail via the Site will not cause
damage or that the material is free from any computer virus or any other
defects. Ozstaff recommends that virus checks should be done on any information
downloaded.
47.
Ozstaff will use its best reasonable endeavours
to ensure that the Site is available continuously, however Ozstaff does not guarantee
that your access to the Site will be continuous or uninterrupted. All accounts may be suspended without notice
in the case of system failure, maintenance or repair or any reason beyond Ozstaff's
reasonable control.
48.
You agree that from time to time Ozstaff may
remove any services and facilities provided for indefinite period of time, or
cancel them at any time, without notice to you, where reasonably necessary to
protect Ozstaff's legitimate interests, to maintain or improve the Site or to
comply with an order from any competent judicial, administrative or regulatory
authority.
49.
To the extent permissible by law:
(a)
Ozstaff will not, under any circumstances, be
liable to any party for any injury, loss, damage, claim or expense arising out
of or related to the use (or inability to use) the Site and the information available
through it.
(b)
Ozstaff will not be liable for any direct,
indirect, incidental, special or consequential loss or damage, including loss
of programs or data, loss of business, business interruption or lost business
profits.
(c)
If your use of the Site or the information
results in the need for servicing or replacing computer equipment or data, Ozstaff
is not responsible for those costs.
Links to other sites
50.
You may be able, through hypertext or other
computer links, to gain access to other websites on the Internet that are not
part of the Site ("Linked Sites").
Unless otherwise specified, the Linked Sites are not under Ozstaff's
control and Ozstaff is not responsible for the content of, or changes or
updates to, any Linked Site. Ozstaff
provides these links for your convenience only.
Unless otherwise specified, Ozstaff does not sponsor, endorse, adopt,
confirm, guarantee or approve of any material or representations made on the Linked
Sites. You link to any such Linked Site
at your own risk. Ozstaff is not a party
to any transaction between you and a Linked Site.
51.
The Linked Sites may have different terms of use
and privacy requirements, and may collect information about you when you click
on or view their graphical advertisements or text links. You should contact the Linked Sites directly
if you have any concerns about their advertising or your privacy.
Intellectual Property
52.
Copyright © Ozstaff Career Services Pty Ltd 2012. All rights reserved.
53.
You acknowledge and agree that all content,
coding, text, graphics, images, trade names and information available on this
Site is protected by copyright, trade mark or other intellectual property
rights and laws. No part of the information
on this Site may be copied, reproduced, modified, republished, up-loaded,
posted, transmitted or distributed in any form or manner without the owner's prior
written consent. You may download and print these Terms of Use for your
personal non-commercial use.
54.
All Resumes downloaded or printed will display Ozstaff's
logo. You must comply with all trade
mark laws, and must not erase nor obliterate Ozstaff's logo.
Spam
55.
The publication of electronic mail addresses on
this Site is to facilitate communications relating to Ozstaff's functions. It must not be inferred as consent by Ozstaff
or the relevant addressee to receiving unsolicited commercial electronic
messages.
Jurisdiction
56.
By access to and use of this Site, you agree to
submit to the exclusive jurisdiction of the courts of Victoria, Australia. If you access this Site from other locations
you are responsible for compliance with local laws, if and to the extent such
local laws apply.
Severability
57.
If any provision of these Terms of Use is
unenforceable, that provision shall be deemed severable and shall not affect
the validity and enforceability of the remaining Terms of Use.
No Waiver
58.
Any failure by Ozstaff to enforce its rights
under these Terms of Use and conditions does not operate as a waiver of those
rights. Any waiver is only valid if made
in writing and signed on behalf of Ozstaff.
Contact Details
59.
If you think that there has been a breach of these
Terms of Use by another member please contact Ozstaff and provide details of
the alleged breach. Ozstaff will investigate the matter in due
course and will take all action it considers reasonable in the
circumstances. You may not be contacted
with the results of any investigation.
60.
For questions, comments and complaints about
this Site, please contact us
February, 2012