myjoboffer.com.au Terms and Conditions of Use
Effective as at 28 August 2016
myjoboffer.com.au (“myjoboffer.com.au”) provides cloud-based on-boarding solutions for customers worldwide, including global enterprises, government, education, and small to mid-sized businesses. These Terms of Use applies to the myjoboffer.com.au service (“Service”) and the online environments accessible through all domains and subdomains under myjoboffer.com.au (“Site”) as well as sites set up by myjoboffer.com.au for Customers and Resellers (each defined below) to deliver the Service or for Users (defined below) to access the Service.
These terms and conditions, including the Privacy Policy which are incorporated herein by this reference, (collectively, the “Terms of Use”) apply to myjoboffer.com.au services (the “Services”) and the online environments accessible through all domains and subdomains under myjobhub.com.au as well as sites set up by myjoboffer.com.au for Customers and Resellers to deliver the Services (collectively, the “Sites”).
The Sites and Services are accessible by Users (defined below) either directly or through another organisation that provides access to the Sites and Services via an agreement with myjoboffer.com.au, such as the User’s employer (each a “Customer”). myjoboffer.com.au also has established relationships with resellers, who make the Sites and Services available to Users through subscriptions (each a “Reseller”). It does not apply to www.myjoboffer.com.au or to top-level domains for www.myjoboffer.com.au which are public, informational web sites designed to provide additional information about the Services.
We may update these Terms of Use from time to time to reflect new practices or technologies that impact use of the Sites. We recommend that you review these Terms of Use on a routine basis to view any changes. The date of the last revision or update appears at the top under the title. BY USING THE SITES, YOU ARE AGREEING TO THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE THEN DO NOT USE THE SITES.
References to “myjoboffer.com.au,” “we,” or “us” herein refer to Qtiviti Consulting Group Pty Limited and/or its affiliates, subsidiaries, and designees as deemed appropriate by myjoboffer.com.au. Individuals who are authorised to use the Sites either directly or as an authorised user of a Customer or Reseller are referred to herein as “Users” or “you.”
Our Role with Respect to the Customer and Users. In some cases, the Sites and related Services are provided to each User pursuant to a written agreement either directly between myjoboffer.com.au and the individual User or through an agreement between myjoboffer.com.au and a Customer or Reseller of myjoboffer.com.au, where the Customer or Reseller in turn makes the Services and Sites available to individual Users authorised by the Customer or Reseller (collectively "Services Agreement"). The applicable Services Agreement will control to the extent any of its provisions conflicts with any of these Terms of Use.
Access to and use of the Sites, including the content, features, and any microsites, blogs, discussion groups and other interactive or online forums for User-generated content or communication, that are a part of the Sites, are subject to both these Terms of Use and the applicable Services Agreement.
Ownership and Use of Material. The Sites are owned by myjoboffer.com.au and may be operated by myjoboffer.com.au or its Customers or Resellers, subject to the Services Agreement. Unless otherwise noted, all features and content on or relating to the Sites, including without limitation information and other materials, trademarks, trade dress, logos, illustrations, product layout and design, icons, images, artwork, graphics, photography, text, data, audio sound, software, and infrastructure, as well as the selection, assembly and arrangement thereof (collectively, “Site Content”), with the exception of User-generated content are owned by myjoboffer.com.au or are licensed from third parties by myjoboffer.com.au. The Sites, in whole and in part, and all Site Content are protected by copyright, trademark, service mark, trade name and other proprietary rights, and all such rights are reserved. No Customer, Reseller, or User may access or use the Sites, or any portion thereof, for any purpose other than to view the Site Content and make use of the Services provided on the Sites in accordance with the Services Agreements. myjoboffer.com.au does not own any content posted or submitted to or communicated via a Site by a User. The Customer, Reseller, or the User, as applicable, is solely responsible for all User-generated content and communications on the Sites.
Links. The Sites, and any content posted or submitted through the Sites, may contain links to third party websites, including website(s) of a Customer or Reseller, which are governed by the terms of use and privacy polices of their owners and operators (“Linked Sites”). Linked Sites are not under the control of myjoboffer.com.au and myjoboffer.com.au and its Customers and Resellers are not responsible for the contents thereof. These links are provided only as a convenience, and inclusion of a link does not imply endorsement of the Linked Site by myjoboffer.com.au, its Customers or Resellers, or any association with its operators. myjoboffer.com.au and its Customers and Resellers are not responsible or liable for any damage or loss caused by or in connection with use of or reliance on any content, goods or services available on or through any Linked Site.
Prohibited Conduct
When using the Sites, Users may not:
No Endorsement. myjoboffer.com.au do not pre-screen or control the content submitted on the Site and, as such, do not endorse, support, represent, or guarantee the truthfulness, accuracy or reliability of any communication posted or endorse any opinion expressed in any posting. myjoboffer.com.au, undertake no obligation to update, correct or modify any statements made by a User) of the post. Any reliance on material from the Sites is at the User’s own risk.
Take Down Procedure. myjoboffer.com.au or its Customers or Resellers may, in appropriate circumstances and at their discretion, remove or disable access to Site Content or any other content on the Sites, including User-generated content, if they believe or are notified that certain material may infringe on the rights of others. For Sites administered by myjoboffer.com.au, if you are a copyright owner and you believe that your work has been copied in a way that constitutes copyright infringement, please provide the information to us. For Sites and/or content administered by a Customer or Reseller, if you are a copyright owner and you believe that your work has been copied in a way that constitutes copyright infringement, please provide the information requested below to the Reseller or Customer directly or, if you do not have contact information for the appropriate Customer or Reseller, we will refer you to the appropriate Customer or Reseller contact. In either case, you should provide the following information:
For Sites administered by myjoboffer.com.au, if your User-generated content was removed and you believe that the work is not infringing, that you are permitted to use the content pursuant to applicable law or that you have the permission of the copyright owner to exploit your User-generated content, you may send your counter-notice to the same contact information above. For Sites administered by a Customer or Reseller, if your User-generated content was removed and you believe that the work is not infringing, that you are permitted to use the content pursuant to applicable law or that you have the permission of the copyright owner to exploit your User-generated content, you may send your counter-notice to the Reseller or Customer directly or, if you do not have contact information for the Customer or Reseller, we will refer you to the appropriate Customer or Reseller contact.
Although myjoboffer.com.au are not responsible for any content, communications or conduct of Users participating in the use of the Site, myjoboffer.com.au, may take down, terminate, suspend or take other necessary action regarding any such content, communications or conduct at any time if it is made aware of content, communications or conduct that is unlawful, would constitute a criminal offense or give rise to civil liability, or violates these Terms of Use.
Notwithstanding the foregoing, myjoboffer.com.au and its Customers and Resellers reserve the right to edit, refuse to post or remove any other information or materials from the Sites they administer, in whole or in part, for any reason whatsoever, in the sole discretion of myjoboffer.com.au, its Customers or Resellers. Neither Myjoboffer.com.au nor its Customers or Resellers will be liable or responsible for the performance or non performance of such activities.
No Obligation to Monitor. Except to the extent specifically set forth in the applicable Services Agreement, neither Myjoboffer.com.au nor its Customers or Resellers have an obligation to monitor the Site, including for the purposes of removing material that is illegal, inaccurate, offensive or inappropriate or material which otherwise violates these Terms of Use. Notwithstanding the foregoing, subject to the applicable Services Agreement, myjoboffer.com.au and its Customers and Resellers reserve the right to monitor use of the Sites at any time.
User Responsibilities for Use of the Sites and Site Content Downloads. Users are each given a unique user name and password that enable access to a Site. You are solely responsible for the use of your user name and password. You may not share, disclose or transfer your password with or to any third party. If you believe that the security of your password has been breached, you must promptly notify myjoboffer.com.au or the Customer or Reseller that administers your Site of the breach. myjoboffer.com.au or the Customer or Reseller, as applicable, will then cancel that password and issue you a new password. You are responsible for ensuring that all use of the Sites under your user name and password complies with these Terms of Use, and you agree to indemnify and hold myjoboffer.com.au, its Customers and Resellers, and their affiliates, subsidiaries, directors, agents and employees, and third parties associated with the Sites harmless against any damages, costs or expenses arising out of your improper use of the Sites and the use by others of the Sites under your user name and password. myjoboffer.com.au and its Customers and Resellers reserve the right to cancel your password, and thereby your access to the Sites at any time if you fail to comply with these Terms of Use or if any of myjoboffer.com.au, its Customers or Resellers, in their sole discretion, deem your conduct in connection with your use of the Sites to be unacceptable.
Termination. Subject to the applicable Services Agreement, each of myjoboffer.com.au, its Customers and Resellers reserve the right, in their sole discretion, to terminate any User’s access to and use of the Sites or any part hereof. Any such termination may be effected without any prior notice. Further, neither Myjoboffer.com.au nor its Customers or Resellers will be liable to you or any third-party for any termination of your access to the Sites.
No Warranties. EXCEPT AS OTHERWISE SET FORTH IN THE SERVICES AGREEMENT, THE SITES AND ALL THE CONTENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. MYJOBOFFER.COM.AU, ITS CUSTOMERS AND RESELLERS, AND THEIR SUBSIDIARIES, DIRECTORS, AGENTS AND EMPLOYEES, AND THIRD PARTIES ASSOCIATED WITH THE SITES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS. MYJOBOFFER.COM.AU, ITS CUSTOMERS AND RESELLERS, AND THEIR AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS AND EMPLOYEES, AND THIRD PARTIES ASSOCIATED WITH THE SITES, DO NOT WARRANT THAT THE SITES OR SITE CONTENT ARE ERROR OR VIRUS FREE, WILL OPERATE WITHOUT INTERRUPTION, OR ARE COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS. MYJOBOFFER.COM.AU, ITS CUSTOMERS AND RESELLERS, AND THEIR SUBSIDIARIES, DIRECTORS, AGENTS AND EMPLOYEES, AND THIRD PARTIES ASSOCIATED WITH THE SITES, DO NOT MAKE ANY WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR QUALITY OF THIRD PARTY CONTENT AND NO USER, CUSTOMER, OR RESELLER SHALL HAVE ANY REMEDY AGAINST MYJOBOFFER.COM.AU WITH RESPECT TO THE SAME.
Limitation of Liability. IN NO EVENT SHALL MYJOBOFFER.COM.AU, ITS CUSTOMERS AND RESELLERS, OR THEIR SUBSIDIARIES, DIRECTORS, AGENTS AND EMPLOYEES, OR THIRD PARTIES ASSOCIATED WITH THE SITES, BE LIABLE TO ANY USER, ANYONE CLAIMING THROUGH ANY USER, OR ANY OTHER CUSTOMER OR RESELLER FOR (1) INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, OR (2) ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE OR INABILITY TO USE THE SITES OR SITE CONTENT, LOSS OF TIME, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF GOODWILL ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR THE PERFORMANCE OR NON-PERFORMANCE OF MYJOBOFFER.COM.AU OR THE SITES OR THE CONTENT ACCESSIBLE THROUGH THE SITES, EVEN IF THE POSSIBILITY OF SUCH DAMAGES IS FORESEEABLE. USERS, CUSTOMERS, AND RESELLERS AGREE THAT THE LIABILITY OF MYJOBOFFER.COM.AU, ITS SUBSIDIARIES, DIRECTORS, AGENTS, EMPLOYEES AND THIRD PARTIES ASSOCIATED WITH THE SITES IS LIMITED SOLELY TO YOUR DIRECT DAMAGES AND IN NO EVENT SHALL IT EXCEED, IN THE AGGREGATE, FIVE DOLLARS ($5).
If you have a complaint regarding the Sites or desire further information on your use of the Sites, please contact us: at info@myjoboffer.com.au
Governing Law. These Terms of Use shall be governed by the laws of: the state of Queensland, Australia. If any provision of these Terms of Use is not enforceable, it will be severed from the Terms of Use and the remainder will remain in force.