Terms and Conditions

Terms and Conditions

Terms and Conditions of Supply of Services

1. Please read all these terms and conditions carefully before accepting them or making use of or accessing the information on this Site, including the Services. By accepting these terms and conditions and paying the Fee, you agree to be bound by them as well as any additional terms, conditions, notices and disclaimers displayed elsewhere on our Site (Conditions).

2. We may change all or part of the Conditions at any time. If we do, the new Conditions will be posted on the Site. Your subsequent or continued use of the Site will be regarded as your acceptance of the changes. If you object to any changes to the Conditions, you must immediately stop using or accessing the Site.

3. Except as expressly provided otherwise in these Conditions, we have the right to change or discontinue any aspect, features or services (or part thereof) available on the Site as well as the pricing for any chargeable services or features at any time. We will refund you a pro-rata portion of the Fee if the change materially affects the Services you purchased or the Service is permanently discontinued before the end of the period during which the Service is to be available to you.

Service

4. For details of the Services that will be available to you, the period of time during which the Services will be available to you and the Fee that is payable by you for the Services, click on Service.

Supply of Services

5. We will use reasonable efforts to supply the Services substantially in accordance with these Conditions and with reasonable due care and skill. The Services you have selected will be available to you only once you have accepted these Conditions and paid the Fee in full.

No Guarantee Error or Interruption Free

6. We do not warrant that the functions and features contained on this Site will be uninterrupted or error-free, that defects will be corrected, that the Site or any server that makes it available is free from viruses or other harmful components, or that successful or accurate results or outcomes will result from your use of or access to our Site (including any of its features and functions) or the Services.

7. You also acknowledge that any material or Content downloaded or otherwise obtained or accessed through the use of the Services (or by accessing the Site) is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or any other device or loss of data that results from downloading any such material or Content

No Guarantee of Job Placement and No Responsibility for Communications

8. We give no guarantee to you that you will fill any job or position vacancy that you elect to upload onto and advertise or display on our Site or that you will receive any responses from suitable candidates. At the same time, we do not endorse or recommend any job seekers or any one else who contacts you via, or as a result of any information, material or Content on our Site.

9. Furthermore we accept no responsibility for any communications or interactions between you and any persons, who respond to or contact you, or whom you contact or respond to as a result of any Content you or anyone-else uploads, transmits, posts, publishes, displays or otherwise makes available on our Site or any Content that you transmit to others.

Security

10. Although we take all reasonable measures to ensure the privacy and integrity of the information you provide, the possibility exists that this information may be unlawfully observed or intercepted by an unauthorized third party while in transit over the Internet or while stored on our systems or on our Site. To the fullest extent permitted by applicable law, we do not accept any liability to you if this transpires.

Responsibility for Content

11. You agree that we may review, modify, reformat, monitor, reject or remove texts, messages, illustrations, photos, as well as any audio or video materials (and any combination of these or other materials) (Content) that you upload, transmit, post or otherwise make available or accessible via the Site, if we consider that it, in our sole judgement, violates these Conditions or may be offensive, illegal or violate the rights, or harm, or threaten the safety of others.

12. You are solely responsible for the Content that you upload, transmit, post, publish or display or otherwise make available or accessible on our Site or transmit to or share with others. You also agree to ensure that no Content is deliberately misleading, inaccurate, false or deceptive.

13. The following is a partial list of the kind of Content that is illegal or prohibited on the Site and we reserve the right to investigate and take appropriate legal action against anyone who violates this provision, including removing the offending communication or Content from our Site.

Prohibited Content includes Content that:

· is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; or

· harasses or advocates harassment of another person; or

· involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”; or

· impersonates any person or entity; or

· you know or suspect (on reasonable grounds) to be fake, misleading or deceptive; or

· poses or creates a privacy or security risk to anyone; or

· promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; or

· promotes an illegal or unauthorized copy or use of another person’s copyrighted work; or

· provides instructional information about illegal activities; or

· solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or

· contains viruses, or other computer codes or files or programmes designed to interrupt, limit or destroy the functionality of other computer hardware or software; or

· includes an image or personal information of another person or persons unless you have their consent.

Personal Information

14. You will ensure that any information including personal information you receive from prospective applicants or candidates who respond to Employment Positions or which is accessible to or by you on the Site is dealt with by you in a manner that preserves the confidentiality and integrity of such individual’s personal information. You agree and confirm to us that you will not disclose or transmit or make available such personal information to any third party, where to do so without the prior informed consent of the individual would be against the law, including the Privacy Act 1988 (Cth).

15. For information about our privacy policy, please read the Privacy Policy. You agree to the use of your data in accordance with our privacy policy and will not do or refrain from doing anything that may cause us to not be in compliance with our Privacy Policy.

Password and Login

16. You will be required to provide a password and login name in order to access and make use of the Services, including for the purpose of publishing, broadcasting or displaying Content on the Site. It is your sole responsibility to maintain the confidentiality of your password and login details and you must notify us in writing immediately if you become aware of any unauthorised use of your password and/or login details. You will be regarded as the person responsible for any Content or any activity that is displayed, is accessible, or occurs under your login name.

Links

17. Our Site may contain links to other Internet sites that are owned and operated by someone other than us. We provide these links solely as a convenience. The appearance of a link does not imply our endorsement, nor are we responsible for the content (including the accuracy or legality) of any linked site or any link contained in any linked site. We are also not responsible for the copyright compliance of any linked site. You access linked sites at your own risk.

Copyright etc

18. This Site is owned by MyInterview Solutions Pty Ltd and contains material that is derived in whole or in part from us and other sources. The Site is protected by international copyright and other intellectual property rights and you agree to not infringe any intellectual property rights owned by us.

19. Except where permitted in these Conditions, you may not modify, copy, reproduce, republish, upload, post, transmit, sell or distribute in any way any material or Content from the Site, including without limitation, code or software, without our prior written consent.

20. You are permitted to download Content from this Site for your own personal, non commercial purpose or for the purpose of considering any job application, or communications generated from job seekers or candidates, provided that you do not alter the content in any way.

Payment Processing

21. We may make available to you various payment processing methods to facilitate the payment for any services or goods. You must abide by any relevant terms and conditions or other agreement, whether with us or a third party, that governs the use of a given processing method. We may add or remove payment processing methods at our sole discretion and without notice to you. You agree to pay for any services or goods that you order and that we may charge your credit record or other form of payment that you indicate for any services or goods purchased, along with additional amounts (including any taxes). You agree that you are solely responsible for all fees associated with the purchases you make on or via our Site.

General Limitation of Liability

22. You acknowledge that other than as expressly set out in these Conditions, we make no warranties hereunder.

23. We exclude from these Conditions all conditions, warranties and liabilities implied or imposed by statute, general law or custom except any liability or implied condition or warranty, the exclusion or limitation of which would contravene any statute or cause any part of this paragraph to be void.

24. To the maximum extent permitted by applicable law:

(a) we exclude liability (including liability in negligence) for any consequential or indirect loss or damage, including for example loss of revenue, wasted overheads, loss of opportunity, loss of profit and any costs or damages sustained as a result of a claim by a third person, which may arise in respect of the Services or otherwise in connection with these Conditions, including your failure to keep your password or login details secure and confidential; and

(b) if our liability for breach of any implied warranty or condition cannot be excluded by law, our total liability to you under or in relation to these Conditions (including liability for negligence and for breach of these Conditions) arising in relation to acts, omissions and events occurring in the period during which the Services were available to you is limited, at our option to (i) the re-supply of those services; or (ii) the payment of the cost of having those services re-supplied.

General

19 If any part of these Conditions is held invalid, that part will be severed from these Conditions and the remainder of these Conditions will continue to be valid and enforceable.

20. Termination of this agreement will not end those provisions that are capable of surviving the ending of this agreement.

21. No waiver of any of these Conditions should be regarded as a further or continuing waiver of any term or any other term. Also, any failure by us to assert or enforce any right under the Conditions does not mean that we have waived that right.

22. The laws governing this agreement will be the laws in New South Wales, Australia and you irrevocably submit to the exclusive jurisdiction of the Courts of that State.

23. For the purpose of these Conditions, the words below have the following meanings:

“we”, “us”, “our” means MyInterview Solutions Pty Ltd (ABN: 40 162 298 47);

“Site” means www.myinterview.com, as well as all other websites or Apps we own and / or operate from time to time regardless how these websites or Apps are accessed by you (including via the Internet, mobile phone or any other device) and includes any other versions of the Site;

“Service” means the services described in paragraph 4 above;

“you” or “your” means the person or entity that has entered into this agreement with us;

“Fee” means the fee payable to us by you and is exclusive of GST and any other taxes;

“job seeker” or “applicant” or “candidate” means any person or persons who respond to, or with whom you communicate either in respect of job advertisements appearing on the Site or as a result of the particulars of such a person coming to your attention or being accessible to or by you through the Site

“Employment Position” means any prospective position of employment or provision of services, whether full-time, part-time, casual or temporary, advertised or displayed (in any manner or form) by you on the Site and includes any other position for employment or services that is related or ancillary to such advertised or displayed position.