Site Terms & Conditions
These Terms and Conditions govern your use of JobFeeds.com.au (the “Company Site”) and your relationship with The Performance Factory Pty Ltd, (the “Company”, “we” or “us”). Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not register for or use the Company Site.
1 Use of the Company Site
2.1 We may update these Terms and Conditions from time to time for legal or regulatory reasons or to allow the proper operation of the Company Site. Any changes will be notified to you via a suitable announcement on the Company Site. The changes will apply to the use of the Company Site after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the Company Site. If you continue to use the Company Site after the date on which the change comes into effect, your use of the Company Site indicates your agreement to be bound by the new Terms and Conditions.
3 The Services
3.1 Through the Company Site, we make available: i) online advertising of a wide range of third parties’ products and services and ii) an on-line recruitment and employment information service, through which recruiters may place advertisements for positions which they have available and if interested you may submit your CVs and application for such positions (the “Services”).
3.2 Please note that when responding to recruiters and/or third parties you will be dealing with them directly and as such any contracts and/or arrangements will be formed between you and them, and not with us. We cannot be held liable for your use of or any liability arising out of the same or for the contents of CVs and advertisements (save to the extent required by law).
3.3 We will not be a party to any communications whatsoever between you and anyone that you may deal with in relation to the Services, although we reserve the right to monitor any communications which are made by you or by any third parties through the Company Site and/or the Services.
4.1 To register on the Company Site you must be over eighteen years of age.
4.2 You must ensure that the details provided by you on registration or at any time are correct and complete.
4.3 You must inform us immediately of any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you effectively.
4.5 When you register to use the Company Site you will be asked to create a password and you must keep this password confidential and must not disclose it or share it with anyone.
4.6 By registering to use the Services pursuant to clause 3.4, you automatically and hereby grant to us a royalty free right to display, copy, reproduce and make available on the Company Site and otherwise deal with as necessary to provide to you the Services any material and information which you may provide to us through your use of the Services.
5 Intellectual property
5.1 The content of the Company Site is protected by copyright, trade marks, database right and other intellectual property rights belonging to the Company or to third parties. You may retrieve and display the content of the Company Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Company Site without prior written permission from the Company and/or any third parties owing such materials or content.
6 Your use of the Company Site
6.1 You may not use the Company Site for any of the following purposes:
6.1.1 disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
6.1.2 transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or code of practice;
6.1.3 interfering with any other person’s use or enjoyment of the Company Site; or
6.1.4 making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
6.2 You will be responsible for our losses and costs resulting from your breach of this clause 6
7 Availability of the Company Site
7.1 Although we aim to offer you the best service possible, we make no promise that the services available through the Company Site will meet your requirements and we cannot guarantee that the services will be fault-free.
7.2 Whilst we endeavour to regularly review the material on our site, it may be out of date at any given time.
7.3 Your access to the Company Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
8 The Company’s right to suspend or cancel your registration
8.1 We may suspend or cancel your registration immediately or deny you access to the website and/or any Services in our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
8.2 You can cancel your registration at any time by informing us in writing at firstname.lastname@example.org If you do so, you must stop using the Company Site.
8.3 The suspension or cancellation of your registration and your right to use the Company Site shall not affect either party’s statutory rights or liabilities.
9 The Company’s liability
9.1 The material displayed on the Company Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and any other members of our group of companies and third parties connected to us hereby expressly exclude:
9.1.1 All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
9.1.2 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
18.104.22.168 loss of income or revenue;
22.214.171.124 loss of business;
126.96.36.199 loss of profits or contracts;
188.8.131.52 loss of anticipated savings;
184.108.40.206 loss of data;
220.127.116.11 loss of goodwill;
18.104.22.168 wasted management or office time; and
22.214.171.124 for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
9.2 If we are in breach of these Terms and Conditions, we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you use the Company Site. Our liability shall not in any event include business losses such as lost data, lost profits or business interruption.
10 Third Party Websites
10.1 As a convenience to users, the Company Site includes links to other web sites or material which may be outside its control. The Company is not responsible for content on any site outside the Company Site.
11 Advertising and Sponsorship
11.1 Part of the Company Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Company Site complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.
12 Transactions concluded through our site
12.1 Contracts for the supply of goods or services or information formed through our site or as a result of visits made by you are governed by terms and conditions of third party web sites which are outside our control.
12.2 We do not accept liability for any loss or costs incurred through your use of third parties’ products or services
13 Viruses, hacking and other offences
13.1 You must not misuse the Company Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Company Site, the server on which the Company Site is stored or any server, computer or database connected to the Company Site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
13.2 By breaching this provision, you would commit a criminal offence under the Cybercrime Act 2001. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Company Site will cease immediately.
13.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Company Site or to your downloading of any material posted on it, or on any website linked to it.
14 Applicable Law
14.1 These Terms and Conditions are subject to the laws of the State of New South Wales. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so before the courts.
15 International Use
15.1 We make no promise that materials on the Company Site are appropriate or available for use in locations outside Australia, and accessing the Company Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside of Australia, you do so on your own initiative and are responsible for compliance with local laws.
16.1 You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights will not be affected.
16.2 If you breach these Terms and Conditions and the Company chooses to ignore this, the Company will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
16.3 The Company shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its reasonable control.
The Company Site is owned and operated by The Performance Factory Pty Ltd, L23, 100 William St Darlinghurst NSW 2010.