Flexiworkers Terms and Conditions

 

1.     Flexiworkers

 

Please review the below information carefully prior to utilising the website or services provided by Flexiworkers. This site provides information and services supplied or offered by Evotopia Pty Ltd (ABN 61 111 158 304). By accessing and utilising the services provided by Flexiworkers, users agree to these terms and conditions. Flexiworkers reserves the right to alter or modify these terms and conditions at any time, with immediate effect on all users of the website from the time of posting forward. Other company specific information is available for reference only. Should Users require further information, please contact admin@flexiworkers.com.au

 

2.     Use of Flexiworkers website content

 

Flexiworkers authorises users to view and access the content contained on the website for personal use only. The contents of the Flexiworkers website are protected under Australian and foreign copyright and trademark laws. Users are strictly prohibited to sell, copy, modify, reproduce, distribute, display, or otherwise use the content in any way, without the express permission of Flexiworkers.

 

Furthermore any intellectual property, concepts, ideas, techniques, methodologies (including search), developed by Flexiworkers are exclusively owned by Flexiworkers from the date of their creation.

3.     Posting of Information – All Users

Flexiworkers operates as a free service to employers and job seekers. The structure of the Internet allows anyone with an Internet connection and web browser to open an account and enter content. In using Flexiworkers, users acknowledge and understand that the information provided in Flexiworkers, apart from banner advertising, is being provided free of charge, and that no kind of agreement or contract is created between users and the owners, or other users of this site.

Users agree not to do any of the following while using Flexiworkers: Post or transmit any content that users do not have the right to post or transmit under any law, contractual duty or fiduciary relationship; Post or transmit any content that infringes a third party's intellectual property rights, rights of publicity or privacy; Post or transmit any content that is unlawful, untrue, harassing, libellous, defamatory, abusive, tortuous, threatening, harmful (including but not limited to viruses, corrupted files, or any other similar software, programs or links) or otherwise objectionable; Post false or misleading information about a product or service, or organisation; Access, tamper with or use non-public areas of the Site. Flexiworkers allows users to post or submit resumes, cover letters, company profiles, job advertisements, advertisements, comments, suggestions, ideas, questions, answers, diagrams, photographs, other information and communications. This content cannot be illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses or links to sites spreading the same.

Flexiworkers is not to be used for posting political campaigns, commercial solicitations, chain letters, mass mailings, or any form of "spam." Users may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content.

Flexiworkers contains content that we create as well as content provided by third parties. This content includes general information, job and industry descriptions, specifications, job availability, reviews and information about products and services that may be offered by parties other than Flexiworkers. In many instances Flexiworkers acts as a distributor (and not a publisher) of unedited content supplied by third parties and users of this Site. Flexiworkers has no editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by such third parties, including users, are those of the respective author(s) or distributor(s) and not of Flexiworkers. Flexiworkers neither endorses nor is responsible for the accuracy or reliability of any unedited opinion, advice, information, or statement made by anyone other than authorized Flexiworkers employees acting in their official capacities or third parties over whom Flexiworkers exercises editorial control.

Flexiworkers may, from time to time monitor and review any information transmitted or received and reserves the right (but not the obligation) to censor, edit, remove or prohibit the transmission or receipt of any information that Flexiworkers deems inappropriate or in violation of these or future terms and conditions. During monitoring, the information may be examined, recorded or copied, and use of this site constitutes consent by the user to such monitoring and review. Although Flexiworkers attempts to keep all objectionable messages off the site, it is impossible to review all messages.

Flexiworkers does not guarantee the accuracy, the integrity, or the quality of the content, and Users may not rely on any of this content. Without limitation, we are not responsible for postings by users in any sections of the website including but not limited to the forums, advertisements, resumes, cover letters, company profiles, links or feedback sections of our sites. Users may be exposed to content that users find offensive, indecent, or objectionable or that is inaccurate, and users bear all risks associated with using that content. Feel free to notify Flexiworkers if users find any such content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.

4.     Changing or Cancellations Information – Banner or Text Advertising

 

Users are able to modify and cancel an advertisement during the ordering process. However, once Users have processed and paid for an advertisement, Users cannot withdraw that advertisement, so contact us as soon as possible stating the details of the advertisement and the changes requested. The fastest method for doing so would be to use the Contact us Section of the website and send us an email. If the advertisement has not been shown, we will attempt to cancel the order. There is no guarantee that we will be able to complete a cancellation, though all efforts will be made to assist.

5.     Security

Users should be aware that the Internet is not a completely reliable transmission medium. If Users choose to send and/or store electronic information to/with us by means of the website, Users do so at their own risk and we cannot guarantee that such communications will not be intercepted or changed or that they will reach the intended recipient safely.

Although we use all reasonable endeavours to ensure the Site is secure from attacks (such as "hacking"), we cannot guarantee that any information displayed on the website has not been changed or modified through malicious attacks.

Where they have been issued to Users, it is users’ responsibility to maintain the security and confidentiality of users’ password and login details. As an example only, Users should not write down their password and login details. Users must inform us as soon as reasonably practicable if they suspect that their password or login details are known by or available to any third party. Users agree that, if they inform us of any suspected disclosure of users password and login details, we may take such steps as we consider may be reasonably necessary in the circumstances (including, without limitation, cancelling users’ existing password and login details and issuing a new password and login details to the user).

6.     Registration

Certain sections and activities on this website require Users to register. If registration is requested, Users agree to provide accurate, complete registration information. It is users’ responsibility to make any changes to that information. Each registration is for a single person or company only, unless specifically designated otherwise on the registration page. Company does not permit any other person using the registered sections under their name. Users are responsible for preventing such unauthorized use. As mentioned, if Users believe there has been unauthorized use, they should notify Company immediately by emailing admin@flexiworkers.com.au

7.     Submitted Information

 

Users have the option, though not the obligation, to submit information, ideas, and materials related to their use of the website to Flexiworkers by e-mail, through the “Contact Us” section of the website, or by other means to provide feedback, ask questions, or for other purposes ("Submitted Information"). Users expressly grant, or warrant that the owner of the submitted information has expressly granted to Flexiworkers a world-wide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and prepare derivative works of the submitted information, in whole or in part and without any obligation of attribution, in any form, media or technology now known or later developed, subject to Flexiworkers’ privacy statement. In addition, Users irrevocably waive, or warrant that the owner of the submitted information has irrevocably waived, all "moral rights", all rights of privacy and publicity, and the like, in the submitted information. If Users object or disagree with the granting of such rights, we recommend Users do not submit such information via the website or by any means to any representative of our organisation.

8.     Taxation Information

 

Any purchases made by Australian advertisers will incur the legislated Goods and Services Tax, currently set at 10%. Any goods purchased by international customers will be exempt for such tax, so long as the parent company resides outside of Australia; however additional overseas duties and other custom charges may be applicable and are not included in the prices quoted. Any additional overseas duties remain the responsibility of the purchaser.

 

9.     Termination

 

The Terms & Conditions are effective on all users until terminated by Flexiworkers. Flexiworkers may terminate this agreement and the users’ access to the Website at any time without notice. In the event of termination, users are no longer authorised to access the Website at any time. All restrictions imposed on Users, disclaimers and limitations of liability set out in the Terms & Conditions will survive termination.

 

10. Hyperlinks

 

The website contains hyperlinks and other pointers to internet websites operated by third parties ("Linked Sites"). The Linked Sites are not under the control of Flexiworkers and Flexiworkers is not responsible for the contents of any Linked Site or any hyperlink contained in a Linked Site. The inclusion of any link does not imply any endorsement of the Linked Site by Flexiworkers. Users link to any such Linked Site entirely at users own risk. We exercise no control over the quality, safety or legality of the information contained or statements made through any Linked Sites. The Material on any Linked Site is the responsibility of the operator of the Linked Site. Any information contained on a Linked Site is subject to change without notice by the operator of that website. Flexiworkers is not liable for any changes, purchases or dealings Users have with a Linked Site, and are done at users own risk. Flexiworkers is not a party to any transaction between Users and a Linked Site. Their use of a Linked Site is subject to the terms and conditions of that site in addition to the Flexiworkers Terms & Conditions. If there is any inconsistency, to the extent of the inconsistency the Flexiworkers Terms & Conditions prevail.

 

11. Liability

 

Flexiworkers will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from use or inability to use the website or for the cost of procurement of substitute products or services, or resulting from any products or services purchased or obtained or messages received or transactions entered into through the website or resulting from unauthorized access to or alteration of their transmissions or data or of any information contained on this website, including but not limited to, damages for loss of profits, use, data or other intangible, even if Flexiworkers has been advised of the possibility of such damages.

 

Where any Act of Parliament implies in the Terms and Conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in the Terms and Conditions, however, the liability of Flexiworkers for any breach of such term, condition or warranty shall be limited, at the option of Flexiworkers, to any one or more of the following:

1)     if the breach relates to goods:

i)        the replacement of the goods or supply of equivalent goods;

ii)      the repair of such goods;

iii)     the payment of the cost of replacing the goods or of acquiring equivalent goods; or

iv)    the payment of the cost of having the goods repaired; and

2)     if the breach to relates to services:

i)        the supplying of the services again; or

ii)      the payment of the cost of having the services supplied again.

 

12. Disclaimer

Except as expressly provided otherwise in an applicable supplemental agreement, Flexiworkers disclaims any and all responsibility or liability for the timeliness, sequence, quality, accuracy, content, completeness, legality, reliability, operability or availability of information or material contained on the site. The site may contain inaccuracies or typographical errors. Flexiworkers disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material in respect of the site or the use thereof.

Any communications sent to Users via this site or otherwise from Flexiworkers (including without limitation in the form of newsletters, electronic mail or via telephone), and the contents of this site are provided for informational and educational purposes only.

Except as expressly provided otherwise herein or in an applicable supplemental agreement, Flexiworkers and its data providers will use reasonable efforts to include up-to-date and accurate information in this site but all products and services offered on the site are provided "as is" and "as available" with no warranties whatsoever. All express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, are expressly disclaimed. Flexiworkers and its data providers disclaim any warranties for the security, reliability, timeliness, and performance of the products and services offered on the site. Flexiworkers and its data providers disclaim any warranties for services or goods received through or advertised on the site or received through any links provided in the site, as well as for any information or advice received through the site or through any links provided on the site.

Users understand and agree that any material downloaded or otherwise obtained through the use of the products and services is done so at users own discretion and risk and that Users will be solely responsible for any claims, including without limitation any damages to users computer system or loss of data, that results from downloading or otherwise obtaining such material. To the extent (if any) that the content of the website does not satisfy the laws of a country other than Australia, it is not directed to persons in those countries and they should not use the website.

13. Copyright

 

The Flexiworkers website, and all information contained within it, is our copyright property. Users are provided access to it for user’s personal, non-commercial use. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 as amended, or any other applicable legislation in other countries, Users may not, in any form, or by any means: Reproduce, store, adapt, transmit, display, print, perform, publish, distribute, or create derivative works from any part of our web site; or Commercialise any information, products or services obtained from any part of this web site without the written permission of Flexiworkers.

 

14. Privacy Clause

 

Flexiworkers will not sell, loan, rent, lease, barter or publish your personal information to any third parties. Personal information collected on the website will remain your property. For further information, please read our Privacy Policy listed on our website.

 

15. Company Trademarks

 

All trademarks used on this site are the property of their respective owners. The Flexiworkers symbol, font and words, both individually and collectively are trademarked, and remain the property of Evotopia Pty Ltd. Usage of the trademarks, and any other material on this site, is strictly prohibited.

 

Nothing contained in the Web Site should be construed as granting any licence or right of use of any trademark or part of any trademark displayed on the Web Site without the express written permission of Flexiworkers or third party owner.

 

16. Accuracy of site information

 

Efforts are made to ensure information and links contained within the site are accurate, however Flexiworkers does not warrant, guarantee or endorse the accuracy of any information contained within the website. By virtue of the manner in which information is supplied to Flexiworkers, we rely on the representations made by job seekers, advertisers and employers for much of the detail, which we understand to be accurate and current at time of posting. It is ultimately the responsibility of all users of the website to make their own judgement as to the accuracy, reliability and usefulness of any information obtained. In no way will Flexiworkers be liable for any actions or omissions of any users related to the usage of any information obtained from the website.

17. General

In these terms and conditions the following words and phrases shall have the following meanings, unless the context requires differently:

“Advertisement” – A banner graphic or text based advertisement placed on “Flexiworkers” for the marketing purposes of the advertiser.

“Applicant” – A job seeker who applies for a Job Advertisement listed on the site.

“Application” – Information in any form (note, email, CV, resume, verbal, etc) passed by the job seeker to a prospective employer with the intention of applying for an advertised position.

“Candidate” – a prospective job seeker utilising the site to search for flexible employment

“Conditions” – the abovementioned standard Terms and Conditions covering the use of this website.

“CV” – the “curriculum vitae” or details of the applicants employment credentials, including contact details, previous work experience, training, hobbies, referees provided to Flexiworkers with a view to gaining employment through an employer

“Flexiworkers” means Evotopia Pty Ltd (ACN 111 158 304) and its subsidiaries unless otherwise specified.

“Job Advertisement” – An advertisement specifically for work/a job entered by an employer, searchable by job seekers.

“Job Seeker” – A person who uses the website in search of employment advertising with a view to applying for said advertising.

"Linked Web Sites" means web sites of persons or entities other than Flexiworkers which are hyperlinked from this Web Site.

"Personal Information" means any information from which users’ identity is apparent or can be reasonably be ascertained.

“Registration” – the inputting of details from either a job seeker, employer or advertiser in order to establish an online account through which they may utilise the site services.

“Resume” – see “CV”

“Site” – the website at www.flexiworkers.com.au, or any other website address owned and operated by Evotopia Pty Ltd related to employment advertising.

“Users” – Includes all persons, companies or organisations, or associations accessing, viewing and/or utilising the services provided by Flexiworkers.

"Website" means the whole or any part of the web pages located at www.flexiworkers.com.au (including the lay-out of this Web Site, individual elements of the Website design, underlying code elements of this Web Site, or text, sounds, graphics, animated elements or any other content of this Website.)

"We" and "us" refer to Flexiworkers and "our" has the same meaning.

These Terms of Use are governed by the laws in force in New South Wales, Australia and Users irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts which may hear appeals from those courts.

Nothing contained in these Terms and Conditions derogates from Flexiworkers’ right to comply with law enforcement requests or requirements relating to use of this website or information provided to or gathered by Flexiworkers with respect to that use.