Online Customer Services Agreement

Online Customer Services Agreement

This Agreement is between Regional Development Australia – Mid North Coast, ABN 94 866 952 886 (“we”, “us”, and “our”) and the person signing up to obtain Services (“you” and “your”). By clicking “Agree” and/or accessing and using the Services, you acknowledge that you have read and agree to be bound by the terms of this Online Customer Services Agreement (“Agreement”) (including any variations we make from time to time) and by our Privacy Policy (available at myfutureworkforce.com.au/privacypolicy. If you do not agree to this Agreement, you must immediately stop using the Services.

Capitalised terms used are defined in this Agreement, including clause 19.

1 Term

1.1 This Agreement commences on the Commencement Date and continues until all Services have been terminated.

2 Changes to the Agreement

2.1 We may amend this Agreement from time to time. We will keep you informed of any changes by posting the amended Agreement on the Platform. If you continue to access or use the Platform after we amend the Agreement, then you are taken to have agreed to such amendments. You are responsible for checking all amendments from time to time.

3 Platform

3.1 Together, the Website, related application and Services comprise the “Platform”.

3.2 We agree to supply, and you agree to acquire, the Platform on the terms of this Agreement. The Platform is designed to facilitate the introduction of employers and potential employees, but acts only as an intermediary to facilitate such interactions.

Purpose

3.3 You may access and use the Platform solely for your personal or business purposes.

Support Services

3.4 We will provide online support to you in connection with the Platform for the term of the Agreement on a best efforts basis.

3.5 To request online support, you must contact us via the contact methods provided on the Platform.

3.6 While we will endeavour to respond to all requests for online support, we do not guarantee to rectify any or all issues, nor do we promise to do so by a certain timeframe.

3.7 This clause does not limit support services that we provide to you in accordance with any other Agreement.

4 How to become a Member

4.1 You must register with us to access and use the Platform. As part of the registration process, you will need to provide us with your accurate and complete personal details, including any documents that we may request to verify your details.

4.2 If you provide fraudulent details or fail to satisfy the Platform’s registration requirements, then we may reject your application to be a Member, or terminate your membership with immediate effect.

5 Our Obligations

5.1 We will ensure that the Platform is supplied with due care and skill, and by suitably qualified Personnel, but do not warrant that the Platform will be error-free, virus-free, continuous, fit for any purpose (regardless of whether you have advised us of you intended use of the Platform) or that will be compatible with your equipment.

5.2 You agree that we do not guarantee that any job advertised on the Platform is in fact vacant at the time you view the advertisement.

6 Your Obligations

6.1 You agree:

(a) that you are at least 18 years old;

(b) that you have a current right to work in Australia;

(c) that you have legal authority, and will continue to have such legal authority at all times when using the Platform, to enter into this Agreement and apply to or advertise a Job Listing;

(d) that entering into, or performing any obligations pursuant to this Agreement will not breach any agreements otherwise entered into;

(e) to only create one membership account in your real name;

(f) to keep your membership details up to date;

(g) to select a secure password to access the Platform;

(h) to keep your login details and password secret and confidential and not disclose such details to any third party or allow another person to access or use the Platform or Content using your details;

(i) to immediately notify us if you are aware of, or have any reason to suspect or believe that, your login details have been subject to unauthorised use or have otherwise been compromised;

(j) that you are solely responsible for all access and use of the Platform or Content by anyone using your login details, whether or not you authorised such access or use;

(k) to obtain and maintain your own systems and equipment, and any internet systems required by you to access and use the Platform, and that you are responsible for ensuring such facilities are compatible with the Platform;

(l) to post content that complies with all relevant or applicable laws, regulations, standards and codes (including advertising standards and codes);

(m) to comply with the Platform’s Code of Conduct;

(n) to only publish or communicate information (including photographs) that you have all necessary rights to;

(o) to cooperate with us in good faith, and to assist with any reasonable requests for the purposes of an investigation we undertake regarding misuse of the Platform;

(p) to assume all liability for any risk arising from applying to or advertising a Job Listing, or from your use of any Content on the Platform;

(q) to compensate us fully for any loss or damage that we suffer as a result of any claims made or brought by a third party against us due to your breach of this Agreement; and

(r) that you satisfy all other requirements (including restrictions) set out in this Agreement.

6.2 You must not and must ensure that you do not allow any other party (including your Active Users) to use the Platform in a manner that:

(a) is contrary to law;

(b) infringes, or may infringe, the rights (including Intellectual Property Rights) of a third party; or

(c) would result in us or any other person breaching a law.

6.3 You must not and must ensure that you do not allow any other party (including your Active Users) to:

(a) bring any claim against us in relation to any act or omission occurring in relation to a Job Listing or the act or omission of any third party with whom you have interacted on the Platform, except that the foregoing does not limit your ability to bring a claim against us for our negligence or a breach of this Agreement;

(b) infringe any Intellectual Property Rights or Moral Rights of any person;

(c) provide any false, incomplete or misleading information, including information provided in your personal details or elsewhere on the Platform;

(d) transfer a membership to another person;

(e) register multiple times or create a membership for any person other than you;

(f) dispute our rights (including Intellectual Property Rights) in and to the Platform (including any software we use to supply the Platform);

(g) access or use, or permit the access or use of, the Platform other than for the purposes permitted under this Agreement;

(h) reproduce or attempt to reproduce the Platform (including any software we use to supply the Platform) in any way;

(i) tamper with, modify, dissemble, reverse engineer, create derivative works from the Platform (including any software we use to supply the Platform) in any way, or derive the source code, or attempt to do any of those things;

(j) remove, modify or conceal any proprietary notices on the Platform (including any software we use to supply the Platform);

(k) without our prior consent, incorporate or attempt to incorporate the Platform (or any part of it) with any other software or services;

(l) access, or attempt to access, the infrastructure, systems and software we use to supply the Platform (or any part of it);

(m) access, or attempt to access, any part of the Platform not supplied to you under this Agreement;

(n) introduce, attempt to introduce, or permit the introduction of any Malicious Code into the Platform (or any part of it), either directly or indirectly;

(o) use language that is inappropriate, profane, defamatory, infringing, obscene, indecent, unlawful, likely to offend, insult or humiliate others based on ethnicity, race, gender, sexuality, age or any disability or otherwise vilifies any person or incites violence or hatred;

(p) defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including rights relating to privacy and publicity;

(q) send or publish material containing sexual acts, nudity, pornography or violence;

(r) use the Platform to send unsolicited commercial, or otherwise inappropriate, communications;

(s) upload any Content that poses a privacy or security risk to any person;

(t) engage in any other activity that we decide, in our discretion, is not appropriate, or which might affect the security of the Platform or other Members;

(u) use the Platform (in whole or in part) for any purpose other than as expressly permitted in this Agreement;

(v) do anything (or fail to take action) that would otherwise result in us or any other person breaching any law or obligation;

(w) collect Content or information on the Platform using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission;

(x) upload any virus, trojan horse, worm, or other harmful, disruptive or malicious component or code;

(y) solicit login information or access an account belonging to a third party;

(z) do anything (or take any action or fail to take any action) that may disable or impair the proper working or appearance of the Platform or our systems;

(aa) do anything misleading, malicious, or discriminatory through the Platform;

(bb) virtualise the Platform;

(cc) circumvent, whether directly or otherwise, the technical protection mechanisms in the Platform;

(dd) sell, rent, lease, transfer, sub-licence, share, provide service bureau or timeshare services, distribute or otherwise make the Platform available to a third party for any reason;

(ee) modify, translate, copy, reverse engineer, decompile, disassemble, re-engineer or otherwise create (whether directly or indirectly) the source code of the Platform or its structural framework; or

(ff) allow or permit others, directly or indirectly, to perform any of the actions referred to in this clause 6.3.

6.4 If you believe that another user of the Platform has provided fraudulent or incorrect information on the Platform, you must immediately inform us. We are not responsible for any loss arising out of or in connection with any such fraudulent or incorrect information.

7 Candidate Commitments

Each Candidate acknowledges and agrees that:

(a) a Job Listing is provided solely by an Employer;

(b) we do not review or verify any Job Listing;

(c) the Candidate is solely responsible for verifying and ensuring that:

(i) the Job Listing meets the Candidate’s individual requirements;

(ii) the Job Listing’s details are accurate and authentic; and

(iii) the employment position advertised in the Job Listing is still available;

(d) they must resolve any questions about a Job Listing directly with the relevant Employer; and

(e) they must only apply to a Job Listing in their personal capacity.

8 Blueprint

8.1 The Platform includes an automated resume feature (Blueprint), which selects a Candidate’s relevant experience and qualifications from the Candidate’s full resume set out on their Platform profile, to create a customised resume for a particularJob Listing.

8.2 When you choose to apply for a job position, the Platform automatically creates and sends your Blueprint to the Employer.

8.3 By uploading your information on the Platform, you agree that we will use this information to create your customised Blueprint. You agree that we may recommend job listings to you that we believe match your resume.

8.4 You agree that Blueprint may not be accurate, continuous or error-free, and agree that we are neither liable or responsible in any way for any error, omission or miscalculation in the Blueprint provided to an Employer, nor for any losses, damages, claims and expenses that may result. If you see any inaccuracy in your Blueprint, it is your sole responsibility to correct such information.

8.5 Any Blueprint submitted via the Platform is subject to this Agreement and our Privacy Policy.

9 Content

9.1 Some features of the Platform may enable you to upload or otherwise submit Content. You are solely responsible for any Content you upload to the Platform.

9.2 You must ensure that the Content:

(a) is in a form and provided via a method required by us from time to time; and

(b) is accurate and complete at the time it is uploaded or submitted to the Platform, and you must promptly add or change the Content (as appropriate) if you become aware that the Content is not accurate or complete.

9.3 You acknowledge and agree that we may access and use the Content (including to conduct analytics and as part of an aggregate data set) and monitor user activity as part of our provision, development, maintenance and support of the Platform and for our business use generally.

9.4 We reserve the right to remove or amend (with or without notice and at our sole discretion) any Content that we consider (at our discretion) breaches this Agreement. We are under no obligation to monitor the Content for any purpose, including for the purposes of ensuring compliance with this Agreement.

9.5 You warrant that our use and the use by our service providers and any other person of the Content will not infringe the rights (including intellectual property and moral rights) of a third party or otherwise breach any obligations of confidence or any law relating to the Content.

9.6 We may, without notice or liability to you or any person and at our sole discretion:

(a) change or remove any Content or information that is provided or made available through the Platform, including if we believe that it violates this Agreement, any of our policies or any law;

(b) maintain, delete or destroy all Content and other information provided or made available through the Platform.

You acknowledge and agree that we may remove any Content at any time, with or without notice.

10 Job Listings

10.1 The Employer must provide a clear, complete and accurate description on the Job Listing for each employment position, including:

(a) a description of the employment position offered;

(b) the employment status (casual, full time, part time or contract);

(c) the salary or wage;

(d) any skills, qualifications or prior experience required;

(e) workplace location; and

(f) any other information required by us, as notified to Employers from time to time.

10.2 The Employer must ensure that each Job Listing is up to date, accurate, complete and not misleading in any manner.

10.3 The Employer must ensure that a Job Listing is removed immediately upon a Candidate’s acceptance of the employment position.

10.4 We reserve the right to determine the placement of Job Listings on the Platform, and do not promise that any Job Listing will appear in a certain position in the search results, unless we agree with you otherwise.

10.5 You acknowledge and agree that we may remove any Job Listing at any time, and that we are not responsible for the content of an Employer’s job listing, messages to you, screening questions or skills assessments. You agree that you are solely responsible for verifying the accuracy of any job listing, and the authenticity of any Employer.

11 Messaging Service

11.1 The Platform may include a messaging feature that is designed to assist users to communicate with each other through the Platform.

11.2 If you use the messaging service to enter into any agreement with another Platform user, then you are solely responsible and liable for the validity or otherwise of that agreement.

11.3 You are solely responsible for all communications made through the messaging service. We do not assess, verify or guarantee the accuracy of any information provided by users on the messaging service.

12 Support

12.1 We will use reasonable efforts to provide online support to you. To request online support, you can contact us using one of the contact methods provided on the Platform.

12.2 While we will endeavour to respond to each request, we do not guarantee that we will rectify any or all issues, nor do we promise to do so by a certain timeframe.

13 Third Party Material

13.1 We may provide you with access to data and components that are sourced from third parties (Third Party Material) as part of the Platform. In this instance, you must comply with any additional terms that may apply to the use of such Third Party Material (Third Party Terms) (as updated from time to time).

13.2 If the Platform does not include access to Third Party Material at the Start Date, you agree to comply with the Third Party Terms if such material is made available to you at a later date.

13.3 You may access a copy of the Third Party Terms (if applicable) via the Platform.

13.4 You acknowledge and agree that the Third Party Materials and Third Party Terms may change without notice, and it is your responsibility to monitor the Website to see whether there have been any changes to the Third Party Terms.

13.5 You are solely responsible for evaluating the accuracy and suitability of the Third Party Material and for your compliance with the applicable Third Party Terms.

13.6 The Platform may contain links to third party sites. You acknowledge and agree that:

(a) if you click on any such link, you are entering such third party’s site;

(a) we have no responsibility or control over any third party site; and

(b) the provision of any such links by us does not imply any affiliation, endorsement or adoption by us of the linked site or any information available on that site.

13.7 The Platform may display or feature third party advertising. We do not represent that we endorse or otherwise recommend the relevant advertisement, advertiser, or its products and services in so displaying or featuring the advertisement.

13.8 You release us from all liability arising out of or in connection with the provision and use of any Third Party Material, third party advertising and links to third party sites.

13.9 We do not represent or guarantee that the Platform will be free from loss, corruption, interference, attack or other intrusion (Security Incident), and you release us from any liability relating to such Security Incident. You are responsible for backing up the device you use to access the Platform, including any content obtained through the Platform.

14 Platform community

You acknowledge and agree that we do not review the User Material uploaded by our users, and that we are not responsible for such User Material. You agree that we cannot prevent misuse of the Platform by users.

You acknowledge and agree that while the Platform may connect job seekers with employment-related service providers, that we do not carry out such services ourselves.

15 Suspension or Termination of Services

15.1 At any time and without notice to you, we may (without any liability) limit, suspend or terminate the Platform (or any part of it) if, in our reasonable opinion:

(a) there is an emergency;

(b) the supply by us or use by you of the relevant Platform is, or will be, unlawful; or

(c) the Platform or its provision may cause death, personal injury or damage to property.

15.2 By notice to you, we may (without any liability) immediately limit, suspend or terminate the Platform (or any part of it)if you:

(a) materially breach this Agreement; or

(b) if you are, or we reasonably believe that you are or will become, insolvent.

16 Intellectual Property Rights

16.1 Nothing in this Agreement transfers ownership in, or otherwise grants any rights in, any Intellectual Property Rights of a party. Any User Material published or communicated via the Platform is owned by you or whoever created it. You grant us a worldwide, royalty-free, perpetual, irrevocable, transferrable and non-exclusive licence to:

(a) use, reproduce, modify, adapt, communicate, commercialise, create derivative works of, display, perform, store and commercially distribute your User Material for the purposes of performing our obligations under this Agreement and otherwise in connection with our business purposes (including for marketing related purposes);

(b) create statistics, databases and compilations for use by us and third parties;

(c) permit any person to assist us to do any of the things referred to in this paragraph; and

(d) sub-licence any of the rights granted to us under this paragraph to any person.

16.2 Without limiting the foregoing, you unconditionally consent to such use of your User Material by us that would, but for your consent, constitute a breach of your Moral Rights.

16.3 As between the parties, we own all interest, including Intellectual Property Rights, in and to the systems and facilities used by us to provide the Platform and Services.

16.4 You acknowledge that you are solely liable for any losses, damages, claims and expenses (including legal costs) resulting from any User Material that violates third party Intellectual Property Rights or Moral Rights.

16.5 All materials, text, images, software, code, sounds, applications and other content located on the Platform, or otherwise provided by us, is owned or licensed by us. Other than your User Material, you must not copy, modify or transmit any such content without written permission from us.

16.6 The Platform may contain trademarks, logos, service names and trade names owned by us and third parties which may be registered or otherwise protected by law. You are not permitted to use any trademarks, logos, service names or trade names appearing on the Platform without our prior written permission.

17 Termination

17.1 You may terminate your use of the Service at any time.

17.2 We may terminate a Service at any time on notice to you.

17.3 We may terminate your account immediately, by giving you notice in writing, if:

(a) you commit a breach of this Agreement, and that breach is incapable of remedy;

(b) you commit a breach of this Agreement that is capable of remedy, and do not rectify that breach within seven days of us issuing a notice of that breach to you;

(c) you regularly or habitually commit breaches of the same provision of this Agreement, whether or not they are remedied, or commit a significant number of breaches which are not remedied; or

(d) where we have an express right to do so under any provision of this Agreement.

(e) If a Service or this Agreement is terminated for any reason, then any rights accrued by a party prior to termination will survive termination.

17.4 If this Agreement expires or is terminated for any reason, this and the following clauses will continue to have effect: clause 5 (Your Obligations); clause 11 (Intellectual Property Rights); clause 13 (Confidentiality and Privacy); clause 14 (Limitation of Liability); and clause 17 (General), as does any other clause that, by its nature, is intended to survive such termination or expiry.

18 Confidentiality and Privacy

18.1 You acknowledge and agree that:

(a) Confidential Information may be provided to you by another user via the Platform; and

(b) we may receive your Confidential Information, including your personal details uploaded to your account.

18.2 A party must not disclose the other party’s Confidential Information to any person except:

(a) to an Employer, where a Blueprint contains Confidential Information;

(b) to its professional advisers and its Personnel on a ‘need to know’ basis, but only if those persons have agreed to keep the Confidential Information confidential in accordance with the terms of this Agreement;

(c) with the other party’s prior written consent, but only to the extent that such consent is given;

(d) if required by law, or any regulatory authority or stock exchange, but only to the minimum extent required to satisfy the law or rules of the regulatory authority or stock exchange; or

(e) if it is in the public domain, other than as a result of a breach of this Agreement by the Recipient.

18.3 If you are an Employer, you agree to use and disclose any Confidential Information that you receive by the Platform in accordance with this clause 13.

18.4 We will handle any personal information you submit via the Platform in accordance with the Privacy Policy located on the Platform at myfutureworkforce.com.au/privacypolicy.

18.5 You consent to our collection, use and disclosure of your personal information in accordance with the Privacy Policy. You must have all necessary consents and approvals for any personal information that you provide to us.

18.6 You acknowledge and agree that:

(a) you must ensure that you do not, and do not allow any other person (including your Active Users) to access or use the Platform in a manner contrary to the requirements of Privacy Law;

(b) you are solely responsible for obtaining all necessary consent with respect to the collection, use, access, disclosure and storage of personal information (including sensitive information) in relation to your access or use of the Platform; and

(c) you will ensure that any person whose information is disclosed to us in the course of accessing or using the Platform, or otherwise in connection with this Agreement, acknowledges that we handle Personal Information (as that term is defined in the Privacy Act 1988) according to our privacy policy (which is available on our Website), as amended by us from time to time.

19 Limitation of Liability

19.1 You acknowledge and agree that you access and use the Platform entirely at your own risk.

19.2 Subject to the remainder of this clause and to the maximum extent permitted by law, we exclude all warranties and liabilities arising under or in respect of this Agreement, whether in contract, tort (including negligence), statute or any other cause of action, except liability arising from our negligence or breach of contract for:

(a) personal injury or death to you in relation to the supply of the Platform;

(b) any damage to your real or tangible property resulting from the supply of the Platform, limited to our choice of repairing or replacing the property or paying the cost of repairing or replacing it;

(c) the availability of the Platform;

(d) the quality, completeness, accuracy or suitability of the Platform;

(e) the fitness for purpose in relation to the Platform;

(f) all links to or from the Platform;

(g) the products and Services advertised or accessible on the Platform; and

(h) the safety of the computer systems of users of the Platform.

19.3 We are not liable for any indirect, special and consequential loss arising from or in connection with this Agreement, including a loss of opportunity or goodwill, loss of revenue or profits, loss of business, or a loss of or corruption to data.

19.4 Nothing in this Agreement excludes or restricts any obligation arising under the Australian Consumer Law.

19.5 To the extent that any liability may not lawfully be excluded but may be limited, our sole liability is limited to, at our discretion:

(a) the supply of the relevant Platform again; or

(b) the payment of the cost of having the relevant Platform supplied again.

19.6 Notwithstanding any other provision of this Agreement, our liability will be reduced to the extent the loss or damage is caused by you, your Active Users, or any other Personnel.

19.7 For any liability that is not otherwise excluded or limited under this Agreement, our aggregate liability to you under or in respect of this Agreement whether in contract (including under an indemnity), tort (including negligence), statute or any other cause of action is limited to $100.

20 Australian Consumer Law

The Platform comes with guarantees that cannot be excluded under the Australian Consumer Law.

If you are acquiring the goods or services as a consumer, our liability for a failure to comply with a consumer guarantee is limited to:

(a) in the case of goods supplied to you as part of the services under this Agreement, the replacement of the relevant goods or the repair of the goods, or the payment of the cost of replacing the goods or of acquiring equivalent goods; and

(b) in the case of services supplied to you as part of the services under this Agreement, the supply of the relevant services again, or the payment of the cost of resupplying the services.

21 Dispute Resolution

21.1 You must notify us of any issue or dispute with us (“Dispute Notice”).

21.2 We both agree to try and resolve the dispute in such Dispute Notice in good faith, before either party commences any formal proceedings (other than for urgent interlocutory or other relief).

22 General

22.1 Content: Any information provided by us on this Platform is of a general informational nature only, and is provided solely for information purposes. We do not guarantee the accuracy of any information provided, and such information does not constitute advice or recommendations, nor is intended to be the sole information resource guiding any workplace-related decision. You are responsible for undertaking any research and analysis required to verify any information provided on the Platform.

22.2 Entire Agreement: This Agreement constitutes the entire agreement between the parties about the Platform.

22.3 Governing Law: This Agreement is governed exclusively by, and must be construed in accordance with, the laws of the State in which we have our principal place of business. Both parties submit to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia in respect of all matters arising out of or relating to this Agreement, their performance and subject matter.

22.4 Interpretation: In this Agreement:

(a) a reference to a statute, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;

(b) terms used that are defined in the GST Act have the meaning given in that Act, unless the context makes it clear that a different meaning is intended;

(c) a reference to a party includes a reference to the party’s executors, administrators, successors and assigns;

(d) the singular includes the plural, and vice versa; and

(e) “includes”, “including”, “for example”, “such as” and similar terms are not words of limitation.

22.5 Notices:

(a) All notices and consents:

(i) from us to you must be sent to your nominated email, fax or postal address;

(ii) from you to us must be sent to the contact details provided on our Website for this purpose.

(b) Notices sent:

(i) by hand are taken to be received when delivered;

(ii) by post to an address in Australia are taken to be received by the third Business Day after posting;

(iii) by post to an address outside Australia are taken to be received by the seventh Business Day after posting; or

(iv) by fax are taken to be received when the sender’s fax machine issues a successful transmission report.

22.6 Variations: We may vary the terms of this Agreement from time to time on reasonable notice to you. By continuing to use the Platform after such variations take effect, you are taken to have accepted the variations.

22.7 Severability: If any provision of this Agreement is held by a court to be invalid or unenforceable, the remainder of this Agreement will otherwise remain in full force, apart from such provision which will be regarded as having been deleted.

22.8 Waiver Of Rights:

(a) A right created by this Agreement may only be waived in writing by the party giving the waiver. Any failure to exercise or any delay in exercising a right or remedy provided by this Agreement or by law does not waive the right or remedy.

(b) A waiver of a breach of this Agreement does not waive any other breach.

22.9 Warranties

(a) You warrant that entering into and performing your obligations under this Agreement does not breach any of your contractual obligations to any other person.

(b) You warrant that you have not relied on any representations or warranties by us in relation to this Agreement or the Platform other than those in this Agreement.

22.10 Assignment: We may assign or novate this Agreement, in whole or part, to a third party without notice to you. Other than as set out in this clause, no party may assign or novate this Agreement without the other party’s prior written consent, such consent not to be unreasonably withheld or delayed.

22.11 Force Majeure: If an event beyond a party’s reasonable control (Force Majeure Event) causes that party to be unable to perform or be delayed in performing an obligation under this Agreement (excluding an obligation to pay fees and charges) that obligation is suspended for so long as it is prevented or delayed by the Force Majeure Event.

23 Definitions

23.1 In this Agreement, unless otherwise stated:

Active User means a member of your Personnel who is nominated as a user of the Website.

Affiliate means, in respect of us, any entity over which we have direct or indirect Control.

Australian Consumer Law means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Business Day means any day other than a Saturday, Sunday or recognised public holiday in New South Wales, Australia.

Candidate means a Member that applies for, or intends on applying for, job opportunities advertised through Job Listings on the Platform.

Commencement Date means the date of this Agreement, which may be the date on which you click “Agree”.

Code of Conduct means the platform’s code of conduct, available on the Website.

Confidential Information means:

(a) all confidential, non-public or proprietary information, regardless of how the information is stored or delivered, exchanged between the parties or their representatives (or in our case, provided by us, our Related Bodies Corporate, our Affiliates, and any entity owned by us, and in your case provided by your Related Bodies Corporate) before, on or after the Commencement Date relating to the business, technology or other affairs of the discloser of the information; and

(b) in our case, all information disclosed by a third party which we are required to keep confidential,

but does not include information:

(a) that is or becomes part of the public domain other than through breach of this Agreement or an obligation of confidence owed to the Discloser;

(b) which the Recipient can prove by contemporaneous written documentation was:

(c) already known to it at the time of disclosure by the Discloser (unless such knowledge arose from disclosure of information in breach of an obligation of confidentiality); or

(d) independently developed by the Recipient without reference to the Confidential Information of the Discloser; or

(e) which the Recipient acquires from a source other than the Discloser or any of its representatives where such source is entitled to disclose it on a non-confidential basis.

Content means any material, communications, links, data or information contained on the Platform, including content uploaded by a Member of the Platform.

Control of a person, means the ability (whether it is legally enforceable or not) to control, whether directly or indirectly, the composition of the board of directors (or other governing body) of that person, the voting rights of the majority of voting securities of that person, or the management of the affairs of that person.

Discloser means the party disclosing Confidential Information.

Employer means a user that advertises, or intends to advertise, a job listing on the Platform.

GST has the meaning it has in the GST Act.

GST Act means the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Intellectual Property Rights means all current and future registered rights in respect of copyright, designs, circuit layouts, trademarks, trade secrets, domain names, database rights, know-how and Confidential Information and any other intellectual property rights as defined by Article 2 of the World Intellectual Property Organisation Convention of July 1967, excluding patents.

Job Listing means a listing of an employment opportunity on the Platform.

Malicious Code means any virus, trojan horse, malware, or other disabling or malicious code which may impair or otherwise adversely impact the Platform.

Member means a registered user of the Platform.Moral Rights means the right of attribution of authorship, the right not to have authorship falsely attributed and the right of integrity of authorship, as defined and as set out in Part IX of the Copyright Act 1968 (Cth), and any corresponding rights that exist or that may come to exist in the Commonwealth of Australia and anywhere else in the world.

Personnel means a person’s officers, employees, agents, contractors and sub-contractors and in our case includes our Related Bodies Corporate.

Platform means the Website, related application and Services.

Privacy Law means any applicable law relating to the privacy of information, including the personal and sensitive information of individuals, including:

(a) in Australia, the Privacy Act 1988 (Cth), and

(b) in any other jurisdiction, the equivalent legislation of that jurisdiction.

Recipient means the party receiving Confidential Information.

Related Body Corporate has the meaning given to it in the Corporations Act 2001 (Cth).

Services means the service(s) that we provide to you on our Platform, as amended by us from time to time, and includes any individual service or component which constitutes the service.

User Material means any information, content or data (including illustrations and photographs) that you upload or otherwise submit to the Platform, including feedback.

We, us or our means Regional Development Australia – Mid North Coast, ABN 94 866 952 886.

Website means our website at myfutureworkforce.com.au.

You or your means the customer entity that enters into this Agreement.