ATTENTION: This legal notice applies to the entire contents of this website under the domain name http://www.jobserve.com.au or http://www.jobserve.com ("Website") and to any correspondence by email between us and you. Please read these terms carefully before using this website. Using this website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use this website. This notice is issued by JobServe Limited (UK Registered Company number 2847010) whose Registered Office is at Tower Business Park, Kelvedon Road, Tiptree, Colchester, Essex, UK and whose registered Australian Office is 202/15 Belvoir Street, Surry Hills, Sydney, NSW 2010, Australia (ARBN 100 362 561 ABN 40 885 493 102) ("JobServe")
1.1 JobServe does not make any representation whatsoever about any job vacancy advertisement
which is accessed either on, by virtue of or by way of any links from this website nor about any of the advertisers who appear in the "Recruiter Directory" section on this website because in compiling the same JobServe relies on information provided to it by third parties. Accordingly it is a matter for you to satisfy yourself as to the suitability of any agency,
employer or job found directly or indirectly through this website.
1.2 You acknowledge that the Internet or JobServe's systems, services and equipment may from time to time be inoperative in full or in part as a consequence of but not limited to, mechanical breakdown, maintenance, hardware or software upgrades, any communication connectivity problems or other facts beyond the control of JobServe and you acknowledge that JobServe will not be held liable for any failure or inability to provide continuous, error free, uninterrupted services under these or any other circumstances.
1.3 You will be able to access some areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
1.4 By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately.
1.5 JobServe may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
2. Membership Condition
The Website services are not available to, and may not be used by, persons under the age of 16 years of age, or who are temporarily or indefinitely suspended Website members. If you are under 16 years old, you can use this service only in conjunction with the supervision of a parent or guardian. If you are business entity, you represent that you have the authority to bind that entity to this Agreement.
You must choose a password on completion of registration. You shall be responsible for all actions taken under that password and shall only access the Website using your own password. You should not disclose your password to any other person.
4. CV Distribution Service
If you activate JobServe's CV distribution service you agree and acknowledge that:
4.1 JobServe may adapt, modify and reword your CV in such way and to such extent as JobServe considers appropriate in order to produce a CV in the style and format JobServe sends to recruitment agencies and employers.
4.2 JobServe shall have no liability to you as a consequence of or arising out of any adaptation, modification or rewording referred to in Clause 4.1 above.
5.1 JobServe may make changes in or withdraw any of the services described in this website and
at any time without notice.
5.2 The services (including the CV Distribution Service) which JobServe offers to candidates are entirely gratuitous and JobServe shall not be obliged to maintain or continue any services offered to candidates on this Website. Without prejudice to the generality of the foregoing JobServe reserves the right to suspend or cancel the provision of any service to any particular candidate for any reason whatsoever.
5.3 JobServe reserves the right to change these terms and conditions of use by changing them on this website.
6. Information and emails you send us or submit
6.1 You should ensure that information you send to us or any advertiser is accurate and you are prohibited from posting or transmitting to or from this Website any material that is libellous, obscene, indecent, seditious, pornographic,
menacing, threatening, offensive, abusive, liable to incite racial hatred, discriminatory, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, which may cause annoyance or inconvenience, fraudulent, which constitutes or encourages conduct that would be considered a criminal offence, gives rise to civil liability, or otherwise be contrary to the law of or infringes the rights of any third party, in Australia or any other country in the world; 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) or for which you have not obtained all necessary licences and/or approvals.
6.2 You may not misuse the Website (including, without limitation) by hacking or committing fraud.
6.3 JobServe will fully co-operate with any law enforcement authorities or court order
requesting or directing JobServe to disclose the identity or locate anyone posting any material, misusing the Website or otherwise purporting to breach the law in contravention of paragraphs 6.1 or 6.2.
6.4 If you breach any of the terms contained in paragraphs 6.1 and 6.2 JobServe will terminate the services provided by this Website.
6.5 JobServe accepts no responsibility or liability for the use by any agency, employer or other third party of any CV about you forwarded to any agency, employer (whether by JobServe or you) or to any third party which comes to your attention directly or indirectly through your use of this Website.
6.6 If you apply for any job or jobs using the Website you consent to JobServe monitoring and storing the information provided, along with the contents of any email.
7.1 JobServe does not make any representation as to the security, quality or propriety of any website which may be accessed through this Website. Linked websites accessed through this Website are independent websites over which JobServe does not exercise any control, whether financial, editorial or any other kind and are not in any way endorsed by JobServe.
7.2 Accordingly JobServe has no responsibility or liability to you in respect of any products or services purchased or obtained by you from any such linked website nor in respect of the use of any personally identifying information by any such linked website or its owner. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
7.3 You shall not link to this Website without the express written permission of JobServe.
7.4 If you have been granted permission to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the "JobServe" logo;
(b) you do not create a frame or any other browser or border environment around this Website;
(c) you do not in any way imply that JobServe is endorsing any products or services other than its own;
(d) you do not misrepresent your relationship with JobServe nor present any other false information about JobServe.
8.1 This Website contains copyright material, trade names and other proprietary information, including but not limited to, design, text, software and graphics. The entire contents of this Website are protected by copyright law. JobServe, or its licensors, own copyright and/or database rights in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or
sale, create derivative works, or in any way exploit, any of the content, in whole or in part except as provided below.
8.2 You may download information from this Website for your own personal use only. Except as otherwise expressly permitted under copyright law, no copyright, redistribution, retransmission, publication or commercial exploitation of
downloaded material will be permitted without our express permission and that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading
8.3 If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
9. Viruses etc.
JobServe will not be liable to you for any direct, indirect, consequential, special or other damage resulting from the transmission from this Website to your computer systems of viruses, worms, Trojan horses or other destructive items, however caused, such damage to include, without limitation, loss of profits, interruption to business, loss of the whole or any part of a program or any data howsoever stored whether saved on a computer system or otherwise.
10. Trade Names
JobServe and its logos on this site are trade names of JobServe Limited. You may not use these names or logos without JobServe's consent.
11. How JobServe protects and uses information which JobServe holds about you
12. Losses resulting from unauthorised access to your data
You accept the risk that data transmitted electronically via this Website or otherwise may be intercepted before reaching its intended destination or accessed by unauthorised third parties and may be exploited unlawfully by such third parties. JobServe does not assume responsibility for guarding against the acts of such third parties and shall not be liable for any direct, indirect, consequential, special or other damage resulting from third parties' interception of or access to data of whatever nature.
13.1 JobServe excludes all liability it may have to you to the fullest extent permitted by law (and whether such liability arises in contract, tort or otherwise) as a result of your use of this Website or your accepting of a job vacancy obtained directly or indirectly through this Website.
13.2 Nothing in these terms and conditions shall exclude JobServe's liability for death or personal injury due to its negligence or for fraudulent misrepresentation.
13.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data you assume all costs thereof.
14.1 While JobServe endeavours to ensure that the information on this Website is correct, JobServe does not warrant the accuracy and completeness of the material on this Website. JobServe may make changes to the material on this Website at any time without notice. The material on this Website may be out of date, and JobServe makes no commitment to update such material. Please note that you will be required to use caution, common sense and good awareness as there are also risks of dealing with persons or people acting under false pretences. By using the Website you agree to all risks and agree that JobServe is not responsible for the acts or omissions of others.
14.2 The material at this Website is provided "as is" without any conditions, warranties or other terms of any kind. Accordingly to the maximum extent permitted by law, JobServe provides you with this Website on the basis that JobServe excludes all representations, warranties, conditions and other terms which but for this legal notice might have effect in relation to this Website.
14.3 JobServe shall not be liable to you for any loss or damage suffered, of any nature whatsoever as a result of your using this Website or our services.
Any headings in these terms and conditions are for convenience only and shall not affect their construction.
16. Governing Law
If not actually the case, the contract under which you use this website shall be deemed to have been made in New South Wales and the construction, validity and performance of these terms and conditions of use shall be governed in all respects by New South Wales law and the New South Wales courts shall have exclusive jurisdiction in respect of any dispute between you and JobServe concerning your use of this website.
JobServe Ltd. is a company incorporated in England, Registered Office, 202/15 Belvoir Street, Surry Hills, Sydney, NSW 2010, Australia (ARBN 100 362 561 ABN 40 885 493 102)