SearchtoEmploy.com terms and conditions
1. Introduction & Use
Please read this web page carefully. It contains the Terms and Conditions governing your access to and use of the SearchtoEmploy.com Web Site. If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the Site. If you are an Employer or Recruiter using the Site, you may have entered into a Service Agreement with SearchtoEmploy.com, in which case these Terms and Conditions, are part of and incorporated into that Service Agreement. These Terms and Conditions are effective as of July 30, 2007.
2. This is a Binding Agreement
These Terms and Conditions, (as they may be amended from time to time by SearchtoEmploy.com) form a binding agreement (the "Agreement") between you and SearchtoEmploy.com. Your access to or use of the Site indicates your acceptance of these Terms and Conditions. You are agreeing to use the Site at your own risk.
3. Definitions Used in This Agreement
The following definitions apply to this Agreement:
"SearchtoEmploy.com Web Site", “SearchtoEmploy.com”, "nt3" or “the Site” includes “www.SearchtoEmploy.com” or “SearchtoEmploy.com Digital Resume Database in its entirety and their related businesses owned or operated by SearchtoEmploy.com, and include their Content, Text, Graphics, Design, Programming and Services as applicable in the context.
"Document" or “Profile” refers to any posting to the Site, whether job or resume Profile.
"Services" means any services provided on the Site by SearchtoEmploy.com or its agents.
"User" refers to any individual or entity that uses any aspect of the Site.
"Job Seeker" means a User who is accessing the Site to search for a job or in any other capacity except as an Employer.
"Features" Includes all programming, text, layout, graphics, templates and functions to make up the SearchtoEmploy.com Digital Resume Database product hosted at www.SearchtoEmploy.com
"Employer" means a person or entity that is accessing the Site to post a job or for any reason related to the purpose of seeking candidates for employment.
"You", “Your” and "you" means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.
"Content" includes all Text, Graphics, Design and Programming used on the Site.
"Text" includes all text on every page of the Site, whether editorial, navigational, or instructional.
"Graphics" includes all logos, buttons, and other graphical elements on the Site, with the exception of paid advertising banners.
"Design" includes the colour combinations and the page layout of the Site.
“Programming" includes both client-side code (HTML, JavaScript, etc.) and server-side code (Active Server Pages, VBScript, databases, etc.) used on the Site.
4. Intellectual Property Rights
The Site and all right, title and interest in and to the Site is the sole property of nt3 On-line Pty Ltd and SearchtoEmploy.com and / or its licensors, and is protected by Australian copyright and international treaties. Except for the limited licenses expressly granted to you in these Terms and Conditions, SearchtoEmploy.com reserves for itself and its licensors all other right, title and interest. Without limitation on the foregoing, you may not reproduce, copy, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose in any way shape or form in any programming language. This includes copying or adapting the programming code used to generate Web pages on the Site. "SearchtoEmploy.com," the SearchtoEmploy.com design logo and certain other names or logos are service marks or trademarks of SearchToEmploy.com, and all related product and service names, design marks and slogans are the service marks or trademarks of SearchtoEmploy.com. In addition, the "look" and "feel" of the Site (including colour combinations, button shapes, layout, design and all other graphical elements) are also protected by SearchtoEmploy.com’s trademarks, service marks and copyrights. All other product and service marks contained on the Site are the trademarks of their respective owners.
5. Acceptable Use of the Site
5.1 General Use & Rules Associated.
The Site is intended for individuals seeking Employment / Work and for Employers or Recruiters seeking Candidates for Employment. You may use this Site only for lawful purposes within the stated context SearchToEmploy.com’s intended and acceptable use of the Site. SearchtoEmploy.com is the sole interpreter of the Site’s intended and acceptable use.
5.2 Access and Users who are Job Seekers.
SearchtoEmploy.com hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your personal use seeking employment opportunities for yourself. This authorises you to view and download a single copy of the material on the Site solely for your personal, non-commercial use. You agree that you are solely responsible for the content of your Profile posted to the Site and any consequences arising from such posting. Your use of the Site is a privilege. SearchtoEmploy.com Administration reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.
5.3 License for Use of Employers and Recruiters.
SearchtoEmploy.com hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your internal business use seeking candidates for employment. This authorises you to view and download a single copy of the material on the Site solely for your personal use directly related to using the Site for the purpose of searching and recruiting job prospects. Users of the Resume / Profile Database please see our Resume / Profile Database Terms and Conditions, which are incorporated herein by reference, for further clarification. You may not sell, transfer or assign any products or services or your rights to any products or services (including access to the Profile Database) provided by SearchtoEmploy.com to any third party without the express written authorisation of SearchtoEmploy.com Administration. You agree that you are solely responsible for the content of any Document you post to the Site and any consequences arising from such posting. SearchtoEmploy.com reserves the right to suspend or terminate your access and use at any time if SearchtoEmploy.com determines that you are in breach of any of these Terms and Conditions.
5.4 Other Specified Rules.
You represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Site complies with these Terms and Conditions and all applicable laws.
6. Disclaimers and Limitations on SearchtoEmploy.com’s Liability
6.1 Allocation of Responsibility.
SearchtoEmploy.com assumes no responsibility for Documents posted by Users and no responsibility for the activities, omissions or other conduct of Users. SearchtoEmploy.com acts as a portal for the online distribution and publication of User submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring Documents posted by Users. If notified by a User of a Document which allegedly does not conform to this agreement, SearchtoEmploy.com may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such Document. SearchToEmploy.com has no liability or responsibility to Users for performance or non-performance of such activities. SearchtoEmploy.com may take any action with respect to User submitted information that it deems necessary or appropriate, in its sole discretion.
6.2 SearchtoEmploy.com does not Endorse any Employer or Job Seeker.
Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.
6.3 There are No Guarantees
and SearchtoEmploy.com makes no representations or guarantees regarding the effectiveness or timeliness of the Site in meeting the employment objectives of Users. SearchtoEmploy.com does not guarantee that Documents posted by Users will result in candidates being hired or positions being filled, and is not responsible for any employment decisions, for whatever reason made, made by any User.
6.4 WARRANTY DISCLAIMERS
6.4.1 THE SITE IS PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. SearchToEmploy.com, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, and NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND FITNESS FOR PARTICULAR PURPOSE. SearchtoEmploy.com MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY AND COMPLETENESS OR TIMELINESS OF THE SITE. (b) Without limitation on the foregoing: (i) SearchtoEmploy.com DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, SearchtoEmploy.com IS NOT RESPONSIBLE FOR THOSE COSTS.
(ii) SearchtoEmploy.com makes no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any Documents or Profiles posted by Users, or of any other form of communication engaged in by Users. Documents may contain inaccuracies or typographical errors. You agree that any reliance on Documents posted by Users, or on any other form of communication with Users, will be at your own risk. (iii) SearchtoEmploy.com makes no representations or guarantees regarding the Content of the Site, including, but not limited to, broken links, inaccuracies or typographical errors.
6.5 DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.
6.5.1 YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE INTERNET GENERALLY, AND THE PROFILE YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITE.
6.5.2 IN NO EVENT SHALL SearchtoEmploy.com (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITE AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SearchtoEmploy.com IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.5.3 Due to the nature of this Agreement, in addition to money damages, you agree that SearchtoEmploy.com will be entitled to equitable relief upon a breach of this agreement by you.
7. Payment of Services upon Termination of Service Agreement.
If at any time during the course of this Agreement you should terminate a Service Agreement in which these Terms and Conditions have been incorporated by reference, not to include your termination in the case of breach of this Agreement or the Service Agreement by SearchtoEmploy.com, SearchtoEmploy.com shall reserve the right to receive all payments from you for the Services used by you up to termination and for fifty percent (50%) of the remaining unused portion of the Service Agreement.
8. Paid Advertising Banners or Links to Third Party Sites.
SearchtoEmploy.com may contain links to third party web sites through Paid Advertising Banners or content only approved by the SearchtoEmploy.com Administration. These links are provided solely as a convenience to you and not as an endorsement by SearchtoEmploy.com of the contents on such third-party web sites. SearchToEmploy.com is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk. SearchtoEmploy.com reserves the right to use or not to use the logos of registered employers for promotional purpouses.
9. Amendments to this Agreement and Changes to Site.
The SearchtoEmploy.com Administration may revise this Agreement at any time by updating this page. Changes will be binding on you on the date they are posted on the Site (or as otherwise stated in the any notice of such changes). Any use of the Site will be considered acceptance by you of the then-current Terms and Conditions (including any Exhibits thereto). If at any time you find the Terms and Conditions unacceptable, you may not use the Site any longer. Any new or different terms supplied by you are specifically rejected by SearchtoEmploy.com unless SearchtoEmploy.com agrees to them in a signed writing specifically including those new or different terms. SearchToEmploy.com Administration may change the Site at any time.
10. Indemnity.
You agree to defend, indemnify, and hold harmless SearchtoEmploy.com (and its officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Site, any Document posted by you, or your breach of this Agreement. SearchtoEmploy.com shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
11. User Information. The Privacy Policy posted on the Site is incorporated into this Agreement by this reference. The Privacy Policy governs data collected through SearchtoEmploy.com’s on-line operations only. Please note, as set forth in the Privacy Policy, that SearchToEmploy.com may collect certain personal information from Users and may contact Users periodically in accordance with the terms of the Privacy Policy. In addition, SearchtoEmploy.com reserves the right to comply, in its sole discretion, with legal requirements, requests from law enforcement agencies or requests from government entities, even to the extent that such compliance may require disclosure of certain information collected from Users.
12 Rules for Posting
12.1 Posting Rules:
(a) Your Document / Profile / Job Ad or any information supplied to or requested by Employees or Employers may not contain: (i) URLs or links to Web sites (to advertise your company or Web site, please send us you request at “contact SearchtoEmploy.com” on the home page of the SearchtoEmploy.com website.); (ii) copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material); (iii) trade secrets (unless you own them or have the owner's permission to post them); (iv) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (v) keywords or white text keywords (including any words embedded in the Document and hidden from the User); (vi) anything that is discriminatory, sexually explicit, obscene, libellous, defamatory, threatening, harassing, abusive, or hateful; or (vii) anything that is embarrassing or offensive to another person or entity.
(b) You may not use your Document(s) to: (i) impersonate another person, living or dead; (ii) post false, inaccurate or misleading information; (iii) post advertisements unless done in the provided Job Board area of the site or solicitations of business (including, but not limited to, Email Processors, Project 21, franchises, "club memberships," distributorships, or anything requiring a monetary investment by the User, including a request for payment to obtain job listings); (iv) post chain letters or pyramid schemes; or (v) post opinions or notices, commercial or otherwise.
(c) Your Document(s) must contain sufficient detail to convey clearly to the User the nature and requirements of the job opportunity, or your qualifications as a candidate for employment. Documents that encourage the User to "email for more details" are not permitted. Documents from any third party charging a fee or restricting complete access to all resume information are prohibited.
(d) Job postings must be individual openings for traditional, Contract, Part Time, Casual or Full Time Employees. You are not permitted by Australian Law to advertise a Job for the purpose of prospecting. All Jobs advertised on the SearchToEmploy.com Job Board will be subject to random inquiries to ensure of their legitimacy. Any Advertised Job found to be for the purpose of prospecting will be deleted from the site immediately and your access to the Job Board may be suspended or terminated.
(e) Resume postings must contain the accurate resume of a living individual seeking employment on a full-time, part-time, or contractual basis on his or her own behalf.
(f) SearchToEmploy.com under no obligation to monitor the Documents posted on the Site, but it may monitor Documents at random. Documents found to violate the above Posting Rules may be removed at SearchtoEmploy.com’s discretion.
12.2 Rules of Conduct:
(a) You may not respond to postings by other Users in any manner or for any purpose other than that which is expected (i.e., to apply for the job or to initiate further discussion with the candidate). Communications soliciting the employer's business by our competitors are prohibited.
(b) You may not send unsolicited commercial email to Users.
(c) Protect your password. You are responsible for maintaining the confidentiality of your information and password. You are responsible for all uses of your registration, whether or not authorized by you. If others use your password to post inappropriate material on the Site, you risk losing your access to the Site. You agree to notify SearchtoEmploy.com immediately of any unauthorized use of your registration and password.
(d) Report inappropriate postings or conduct to Feedback.
(e) You may not delete or revise any material posted by any other person or entity.
(f) If at any time during the term of this agreement SearchToEmploy.com comes to the understanding that you: (i) misled SearchtoEmploy.com of your business practices and/or services, or (ii) purchased services that do not represent your precise business, SearchtoEmploy.com reserves the right to terminate this agreement.
(g) SearchtoEmploy.com is under no obligation to monitor the conduct of its Users, but it may investigate and respond when violations are reported.
12.4 Rules of Security:
(a) Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mail bombing" or "crashing"; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
(b) Violation of these Security Rules may result in civil or criminal liability. SearchtoEmploy.com will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
13. Questions and Notifications.
Questions concerning the use of the Site should be directed to “contact us”. Notices shall be sent, for SearchtoEmploy.com, to the address listed on the Site in th “contact us” area, and, for you, to the address submitted by you or such other address as SearchtoEmploy.com reasonably determines is an appropriate address for you.
14. General. SearchtoEmploy.com contact information is listed on the Site. The SearchToEmploy.com makes no claims that the Content is appropriate or may be downloaded outside of Australia. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Site. If you access SearchtoEmploy.com from outside of Australia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement and your Service Agreement, if you have one, are governed by the internal substantive laws of the State Queensland, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement or your Service Agreement shall lie exclusively with the state or federal courts in the State of Queensland. The sole relationship between you and SearchtoEmploy.com is that of independent contractors. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this Agreement, which shall remain in full force and effect and will survive termination of this Agreement by both parties.
All provisions of this Agreement shall survive termination except those granting access or use to the Site, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, Except as expressly provided by SearchToEmploy.com in a particular "Legal Notice," or software license or material on particular Web pages of the Site, this Agreement and your Service Agreement where applicable, constitute the entire agreement between you and SearchtoEmploy.com.
