WEBSITE TERMS AND CONDITIONS
1. ACCESS TO THE SITE AND ITS SERVICES
- Subject to any contractual obligations we may owe to any user of our Services, OTBP will not be liable if for any reason the Site and Services are unavailable at any time or for any period.
- From time to time, we may restrict access to all or some parts of the Site and Services to users who have registered with us.
- If you are provided with any piece of information, as part security procedures, you must treat such information as confidential, and you must not disclose it to any third party.
- We reserve the right to restrict or deny you access to all or some parts of the Site and Services if, in our opinion, you have failed to comply with these General Terms.
2. INTELLECTUAL PROPERTY AND PERMITTED USE
- We are the owner or licensee of all intellectual property rights in the Site and the material published on it. Those works are protected by applicable copyright laws and treaties. All such rights are reserved.
- You may print and download extracts from the Site and Services for personal non-commercial use on the following basis:
- No documents or related graphics are modified in any way;
- No graphics are used separately from accompanying text;
- No copyright and trade mark notices are removed.
- You agree not to:
- Use the Site and Services for commercial purposes without obtaining our prior written agreement;
- Copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means any content of the Site and Services except as permitted above.
3. MATERIALS YOU SUBMIT
- Except for information that identifies you personally (including without limitation, your name, address, telephone number, email address and Resume), any material which you submit will be considered non-confidential and non-proprietary such that we will have the right to use, copy, distribute and disclose it to third parties for any purpose.
- You agree not to submit any material:
- that is false, misleading, defamatory, discriminatory, threatening, offensive, abusive, likely to cause someone anxiety or distress, encourages violence or racial or religious hatred, blasphemous, pornographic, in breach of confidence, in breach of privacy; or
- that infringes any intellectual property rights, such as copyright and trade marks. This means generally that you must own the rights in everything you submit or must obtain permission from the rights owner to submit the material; 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); or
- which encourages or teaches conduct that is a criminal offence, gives rise to civil liability, or is otherwise unlawful.
- OTBP is not obliged to use material submitted by you and we may remove from the Site, the Services and our database any of the material submitted by you at our sole discretion.
- We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone submitting material in breach of clause
- OTBP will not be responsible, or liable to any third party, for the content or accuracy of any materials submitted by you.
4. DATA PROTECTION AND PRIVACY
- We hold a data protection registration and comply with the Privacy Act 1988 (Cth).
5. THIRD PARTY CONTENT AND LINKS
- We are not liable or responsible for the third party content on the Site and in the Services. Third party content includes, for example, material posted by other users of the Site and Services, job vacancy advertisements and display advertising.
- Where the Site and Services contain links to other sites and resources which are provided by third parties, these links and resources are provided for your information only and you access them at your own risk. OTBP is not liable or responsible for the content of third party sites or resources.
6. OUR LIABILITY
- The material contained on the Site and in the Services is for information purposes only and does not constitute advice. You should carry out your own check in respect of any information on the Site and in the Services and use your own judgement before doing or not doing anything on the basis the content provided. Unless expressly stated in writing by us or required by law, we give no warranties of any kind in relation to the materials on the Site and in the Services.
- We are not liable for:
- any action you may take as a result of relying on any information/materials provided on the Site and in the Services or for any loss or damage suffered by you as a result of you taking such action; or
- any dealings you have with third parties (other users, Recruiters, Job seekers or advertisers) that take place using or facilitated by the Site and Services; or
- any liability for losses which are not a foreseeable or likely consequence of
- (i) your use of the Site and Services, or
- (ii) a breach by us of these General Terms.
- OTBP is not responsible if you cannot use the Site and Services properly or at all because of any event outside our control (including without limitation to the performance of your or our ISP, your browser or the internet.)
- The Site and Services rely, in part, on software to work. Although we monitor the Site and Services and try to fix bugs promptly, we do not guarantee that the Site and Services will be error free, available all the time or free from viruses.
- Nothing in these General Terms affects any liability which we may have for death or personal injury arising from our negligence, fraud or any other liability which cannot be excluded or limited by law.
7. VALIDITY OF GENERAL TERMS
If any part or provision of these General Terms is found to be unlawful or unenforceable, this will not affect the validity of any other part or provision.
8. APPLICABLE LAW AND JURISDICTION
These General Terms are governed by Australia Law as specified in the Recruiter Terms. The Australia courts shall have exclusive jurisdiction over any claim brought by you arising from, or related to, use of the Site and Services and these General Terms.
JOB SEEKER TERMS & CONDITIONS
Please read the Terms and Conditions for job seekers (“JobSeeker Terms”) carefully before using the service of this website (the “Site”). You should understand that by using our services you are confirming your acceptance of these JobSeeker Terms.
The Site and its services are operated by On The Ball Personnel Australasia Pty Ltd (“OTBP”, “we”, “our” or “us”). We are registered in Australia under company number 93 436 296 272 and have our registered office at Suite 11 / 545 St. Kilda Road, Melbourne, Victoria 3004.
You can contact us using the following email address: email@example.com.
Please note that these Terms constitute a legally binding electronic contract. We reserve the right to change or modify these terms at any stage at our absolute discretion and;
It’s your responsibility as a user to check our amended terms regularly should you wishes to continue to use the service.
In these JobSeeker Terms the following expressions have the defined meanings:
Application means an application for a job vacancy that has been advertised on the Site or JobSeeker Services;
Resume Services is a service which, if selected by the Job seeker, enables the Job seeker to make his or her Resume available to recruiters who have subscribed to receive Resumes via email or to search for Resumes in our database using various search criteria,
Jobs via Email is a service which matches and sends job vacancies via email to Job seekers who have opted for this service.
“JobSeeker” means the person opting to use the Site or JobSeeker Services;
“JobSeeker Services” means free job finding tools and services made available via the Site including, without limitation, Jobs via Email and Resume Services.
4. JOBSEEKER SERVICES
The JobSeeker Services are provided “as is”. All warranties, conditions, representations or other terms that may be implied by statute or common law in relation to the JobSeeker Services are excluded by us to the fullest extent permitted by law.
5. JOB VACANCIES
The JobSeeker acknowledges that we are not responsible for the content of any job vacancy advertising and that accordingly it is a matter for the JobSeeker to satisfy himself/herself as to the suitability of the job vacancy and the identity of the advertiser/recruiter.
Please note we have individual terms of business for each client.