Account means the user account (which may be a Candidate Account or a Client Account) that may be set up to allow you to use certain functions of the Website.
ACL means the Australian Consumer Law set out in Schedule 2 of the CCA;
Business Day means a day, which is not Saturday, Sunday or a public holiday;
Candidate Account means the user account that may be set up to enable a user who is a candidate for employment to upload, access, and manage certain personal information, documents, job applications, and work timesheets.
CCA means the Competition and Consumer Act 2010 (Cth);
Client Account means the user account that may be set up to enable a user who is employer to upload, access, and manage certain personal information, documents, job details, and employee work timesheets.
Content means all content included in or on the Website (including, but not limited to, text, design, graphics, photos, images, sounds, music, videos, and code and any arrangement of those things) which is owned by WORKFORCE or licensed to WORKFORCE;
Franchisee means a franchisee appointed by WORKFORCE to operate a labour hire and recruitment business;
Material includes any written works, data, photos, images, sounds, music, audio files, videos, text and other communications which you transmit or post to the Website;
Related Entity has the same meaning as in the Corporations Act 2001(Cth);
Terms means these terms and conditions of useas amended from time to time;
Trade Marks means the brand names, trade marks and logos displayed on the Website which are owned by WORKFORCE or licensed to WORKFORCE; and
Website means this website at www.workext.com.au and/or any other website used by WORKFORCE or its Franchisees, which is owned or operated by WORKFORCE;
WORKFORCE means Workforce Services Pty Ltd and its Related Entities, officers, employees, agents and contractors;
These Terms apply to your use, for whatever purpose, of the Website. Please read the Terms carefully before using the Website.
Other programs and services made available by WORKFORCE from time to time may have specific terms and conditions which will apply to them in addition to these Terms.
By accessing or using any part of the Website, you will be deemed to have accepted, in full, these Terms and the Privacy Policy, and together they will constitute a legally binding contract between WORKFROCE and you in relation to your use of the Website. Accordingly, if you do not agree with all or any part of these Terms you should not use the Website.
WORKFORCE may amend these Terms from time to time for legal, practical or improvement purposes. Each time you use the Website it is your responsibility to review these Terms and inform yourself of any amendments made. If you access or use any part of the Website after any amendments are published, you are taken to have agreed to those amendments.
Should you engage WORKFORCE (or any of its franchisees) to provide you with products or services you will be required to enter into a separate agreement to govern such relationship.
USE OF WEBSITE AND PURPOSE
WORKFORCE grants you a non-exclusive licence to use the Website, subject to these Terms. WORKFORCE may terminate this licence at any time for any reason and without prior notice to you.
The purpose of the Website is to provide information to you about WORKFORCE, including the products and services that we and/or our Franchisees provide.
The Contents of the Website are intended to provide general information only and are not to be relied on by you, or for any particular purpose.
You agree that the information, details, and descriptions set out on the Website may change from time to time and you will be bound by these changes from the date the changes are published on the Website.
In using the Website, you warrant that you are either aged 18 years or over or possess legal parental or guardian consent and that you are fully able to enter into and abide by and comply with these Terms.
You agree that you are solely responsible for having the infrastructure and services (including hardware, software and internet connectivity) to access the Website and you assume full responsibility for any costs or charges that you incur as a result of using the Website, including any additional mobile data or other internet user charges.
You may not misuse or interfere with the Website (including, without limitation, by hacking).
INTELLECTUAL PROPERTY
You acknowledge that intellectual property associated with the brand WORKFORCE included in or on the Website is owned by WORKFORCE or licensed to WORKFORCE and is protected by copyright, trademark, and other laws in Australia and various other countries. The intellectual property includes:
the Content; and
the Trade Marks.
WORKFORCE does not grant you any express or implied right to use, copy, reproduce, republish, modify, create derivative works from, store in or on any public or private electronic retrieval system, upload, post, communicate, transmit or distribute in any way any of the Content, the Trade Marks or any other intellectual property. In the event that you copy any of the intellectual property, including the Content and the Trade Marks, you acknowledge that your actions will be a breach of these Terms and WORKFORCE reserves all of its legal rights and remedies.
AVAILABILITY AND ACCESS
WORKFORCE does not guarantee that the Website will be available 24 hours a day 7 days a week.
Access to the Website may be suspended temporarily and without notice to you in the case of a system failure, required maintenance or repair, or for reasons beyond WORKFORCE’s control.
WORKFORCE is not liable if for any reason the Website or any part of the Website is unavailable at any time or for any period due to maintenance, whether planned or unplanned, or for any other reason.
CHANGES TO THE WEBSITE
WORKFORCE reserves the exclusive right to at any time:
change, add or delete the design and Content of the Website; or
discontinue publishing any of the information published on the Website, including its products, services on a temporary, permanent or indefinite basis; or
suspend or stop the Website, or any part of it.
You agree that WORKFORCE is not required to give you prior notice in exercising these rights and in the event of this occurring, you are not entitled to make any claims for compensation, damages or any other type.
YOUR MATERIAL AND CONDUCT
Other than your personal information, which is covered by the Privacy Policy referred to below, any Material you transmit or post to the Website will be taken to be non-confidential and non-proprietary.
You warrant as follows in respect of the Material you transmit or post to the Website:
the Material is your own or have the right to use the Material;
the Material is not misleading or deceptive;
the Material does not infringe the rights of any third party; and
the Material is not threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence or in breach of privacy laws.
In respect of the Material you transmit or post to the Website you agree that WORKFORCE and its Franchisees and their officers, employees, agents, and contractors will be free to copy, disclose, distribute, incorporate and otherwise use the Material in accordance with our Privacy Policy.
WORKFORCE does not endorse any of the Materials or any statements or opinions contained in the Materials.
You are prohibited from posting or transmitting to or from the Website anything:
that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy laws or which may cause annoyance to, or inconvenience for, WORKFORCE or any other person; or
for which you have not obtained all necessary licences and/or approvals; or
which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability or otherwise be contrary to the law of, or infringe the rights of any third party in, any country in the world; or
which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
It is WORKFORCE’s policy to co-operate fully with any law enforcement authorities or court order requesting or directing WORKFORCE to disclose the identity or locate anyone transmitting or posting anything, including Material in breach of this clause 6 or any law.
You cannot make a claim against WORKFORCE and/or its Franchisees and their officers, employees, agents and contractors for use of the Material by WORKFORCE and/or its Franchisees and their officers, employees, agents and contractors for any commercial or non-commercial purposes.
You are liable for any claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to legal fees on a full indemnity basis) arising from or in connection with a breach of this clause 6 by you and you agree to indemnify and hold harmless WORKFORCE and its Franchisees and their officers, employees agents and contractors, from and against such claims, damages, obligations, losses, liabilities, costs or debt and expenses.
COOKIES
A “cookie” is a small text file placed on your computer by a web server when you access a website. The cookie identifies the computer being used, but not the individual user. Like many other Websites, the Website uses cookies to make a record of your visit to the Website, and will record the following information:
your server address;
your top level domain name;
the date and time of access to the Website;
the pages accessed and documents downloaded;
the previous web site visited; and
the type of browser software in use.
WORKFORCE uses this information for various purposes, including statistical purposes, but in each case, the information collected cannot be used to identify you personally.
You may be able to disable cookies on your web browser, but doing so may limit your ability to use the Website fully.
DISCLAIMER
While WORKFORCE tries to ensure that the information WORKFORCE posts on the Website are correct, WORKFORCE does not make any representation or warrant the accuracy, currency, completeness, adequacy, suitability or usefulness of that information. You agree any advice on the Website is not intended to, and does not, constitute professional advice.
WORKFORCE does not guarantee that the Website will be free from errors, viruses or other harmful components.
LIMITATION OF LIABILITY
You expressly agree that use of the Website is at your sole risk.
To the maximum extent permitted by law, WORKFORCE and its Franchisees, exclude all warranties and guarantees in connection with the Website or your use of it. For the avoidance of doubt, this exclusion includes an exclusion of all conditions and warranties implied by custom, the general law or statute, except for any warranties or guarantees which may not be excluded by force of the ACL or similar legislative provision.
To the maximum extent permitted by law, WORKFORCE and its Franchisees are not liable to you for any loss, claim, cost, expense, damages or liability, including but not limited to loss of data, loss of profits, loss of goodwill or any other direct, indirect, special or consequential loss or damage, suffered or incurred by you or any other person as a result of or arising from:
your use or access, inability to use or access, or the results of use or access to the Website or of any services linked to the Website or the Content or Material on such Website;
your use of or inability to use, or the failure of the Website, including errors made by you or delays in providing services caused by, or in any way connected with, any cause outside of the reasonable control of WORKFORCE, and/or its Franchisees, including but not limited to delays due to strikes, industrial disputes, terrorism, riot, fire, storm, pandemic, and other acts of God, communications or network failures; and
viruses that may infect your computer equipment, software, data or other property on account of your use of, access to or browsing of the Website or any linked services, or your downloading of any Content or Material from the Website or any linked services.
These Terms will not be construed as excluding, qualifying or limiting your statutory rights or remedies.
RELEASE AND INDEMNITY You:
release and discharge WORKFORCE and its Franchisees from any and all claims, actions, disputes, demands, proceedings, accounts, interest, costs (whether or not the subject of a court order), expenses and liabilities of whatever nature and however arising which you may now have or at any time thereafter might have or, but for these Terms, might have had against WORKFORCE or its Franchisees arising out of or in any way connected with or incidental to the use or misuse of the Website (including in relation to any Material which you upload to the Website);
covenant in favour of WORKFORCE and Franchisees not to bring or pursue, procure that a third party bring or pursue, provide financial support for or otherwise support any claim, action, dispute, demand or proceeding in any court or tribunal in respect of any matter which is the subject of a release under this clause 10; and
irrevocably indemnify and hold harmless WORKFORCE and its Franchisees, from and against any and all claims, liabilities, losses, costs and expenses (including but not limited to legal fees on a full indemnity basis) arising out of or in any way connected with or incidental to:
the use or misuse of or access to the Website by you or your officers, employees, agents or contractors or the use or misuse of or access to the Website authorised, enabled or facilitated by you or your officers, employees, agents or contractors; and
any breach of any of these Terms by you.
LINKS
Links to third party websites, applications, platforms and media channels (third party platforms) on the Website are provided solely for your convenience. If you use these links, you leave the Website and you will be bound by the terms and conditions applicable to the third party platforms. WORKFORCE has not reviewed all of these third party platforms and does not control and is not responsible for these third party platforms or their content or availability. WORKFORCE, therefore, does not endorse or make any representations about them or any content found there or any results that may be obtained from using them. If you decide to access any of the third party platforms you do so entirely at your own risk.
You may not create links to the Website without WORKFORCE’s prior written consent.
ACCOUNTS
You will only be able to use certain functions of the Website when you create an Account on the Website. To create an Account, you are required to provide personal information as part of the registration process. You agree that any such information must be correct, accurate, and kept up to date at all times.
You will be issued with a log-in user name and password and you agree that you are solely responsible for the safekeeping, confidentiality, and security of your log-in user name and password. You agree to notify WORKFORCE immediately if you become aware of any unauthorised use of your Account or your log-in user name or password.
Accounts, log-in user names, and passwords are personal to you and may not be sold, traded, gifted, or otherwise transferred at any time under any circumstances.
You also acknowledge and agree that WORKFORCE is not required to enquire as to the authenticity of actions taken using your Account, and that you are liable for all (authorised and unauthorised) actions taken using your Account.
you warrant that all information that you provide to WORKFORCE is true and correct;
you accept full responsibility for maintaining and keeping up to date all of your Account details, including your personal information;
you accept full responsibility for maintaining the confidentiality of your Account details, including your personal information, passwords details, and for logging out of your Account after use and especially when using a shared device, another person’s device, or a public computer;
you assume full responsibility for all activities undertaken through your Account; and
you agree to notify WORKFORCE immediately of any unauthorised use of your Account.
WORKFORCE reserves the right to (without limitation):
refuse to set up an Account if the log-in user name details are the same or similar to an existing Account or the log-in user name details provided are obscene, indecent, offensive, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy laws or contain brand names, trademarks of the names of high-profile people; and
suspend or terminate your access to your Account in our sole discretion if we reasonably believe that:
your Account, log-in user name, or password have been compromised; or
you have breached these Terms.
You have the right to cancel your account at any time. You may cancel your account by notifying us by email at [email protected].
WORKFORCE may request that you provide proof of identity to confirm your personal details.
CONFLICTS WITH OTHER PARTS OF WEBSITE
If there is any inconsistency or conflict between any of these Terms and anything stated in any part of the Website these Terms prevail to the extent of the inconsistency or conflictunless expressly stated otherwise.
UNENFORCEABLE TERMS If any provision of these Terms is held by a court to be invalid or unenforceable, the invalidity or unenforceability will not affect the balance of these Terms.
GOVERNING LAW AND JURISDICTION These Terms are governed by the law in force in Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria, and any court that may hear appeals from any of those courts. You irrevocably waive any right you might have to claim that those courts are an inconvenient forum and any objection to the venue of any proceedings on the ground that they have been brought in an inconvenient forum.
PRIVACY
Your use of the Website may require you to submit personal information to WORKFORCE. The personal information that WORKFORCE collects and uses may include your name, company name, email address, mobile phone number, address, staffing requirements, availabilities, skills, qualifications, date of birth, bank account details, hours worked, and medical information. Without the requested personal information, WORKFORCE may be unable to provide the services requested by you.
By using the Website and providing WORKFORCE with your personal information, you agree to the Privacy Policy and consent to WORKFORCE collecting, using, disclosing, processing, and storing your personal information in accordance with the Privacy Policy. Accordingly, the Privacy Policy forms part of these Terms and applies to all personal information submitted by you.
The Privacy Policy also contains information about how you may access or seek correction of your personal information, how to file a complaint and how WORKFORCE will deal with your complaint.
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