Use of the Website
a.1 You are permitted by the owners of the
www.careerchick.com.au, The EOC Group Pty Ltd [The EOC Group Pty Ltd
(www.careerchick.com.au) – the Website] to use the
www.careerchick.com.au website located at www.careerchick.com.au and
any extension or replacement subject always to your compliance with
these TERMS OF USE.
a.2 To use unlimited features of the Website, you may be required to
register as a member on the Website. You must provide us with accurate
and complete registration information about yourself and you must
ensure that your registration information is true and accurate at all
times. It is your responsibility to inform us of any changes to your
registration information by emailing us
a.3 You are responsible for the security and proper use of your Member
ID and password used in connection with the Website and you must take
all necessary steps to ensure they are kept confidential, secure, used
properly and not disclosed to unauthorised people. You are responsible
for all activities that occur under your password and membership. You
must inform us immediately if there is any reason to believe that your
visitor name or password has, or is likely to, become known to someone
not authorised to use it or is being or is likely to be used in an
unauthorised way.
a.4 If you forget or lose a password or your visitor name you must
contact us and satisfy such security checks as we may operate. We
reserve the right to suspend visitor name and password access to the
Website if at any time we consider that there is, or is likely to be, a
breach of security. We reserve the right, at our discretion, to require
you to change any or all of the passwords used by you in connection
with the Website.
a.5 www.careerchick.com.au member accounts that are old, unused or
passive for 12 months or more may/will be deleted on a regular basis.
a.6 Use of the Website does not include the provision of computer,
telecommunications equipment, Internet service, or any other equipment
or services. To use the Website you will need to provide your own
Internet connectivity and appropriate telecommunication links. We are
not be liable for any telephone or other costs that you may incur to
connect to or use the Website.
a.7 All material on the Website, including without limitation, all
text, data, sound, visual images, graphics, photos, site design,
software and all other content displayed on or contained in the Website
(the "Content"), and the selection, organisation, functionality,
performance and arrangement of the Content or any part, are owned
exclusively by The EOC Group Pty Ltd is copyright ©2008 THE EOC GROUP
PTY LTD, unless otherwise indicated. ALL RIGHTS RESERVED. The
trade-marks, trade names, logos, designs and other marks of EOC Group
Pty Ltd, including without limitation, www.careerchick.com.au are
trade-mark of The EOC Group Pty Ltd and may not be used without the
prior written approval of EOC Group Pty Ltd. ALL RIGHTS RESERVED. All
other trade-marks, trade names, logos, designs and other marks are the
property of their respective owners. You agree to comply with any
additional notices or restrictions contained in any Content on the
Website.
a.8 You must not register as an authorised visitor unless you are a
natural person. The Website is for your personal and non-commercial use
only, and you agree to use the Website in compliance with all
applicable laws and regulations which may apply to your use of the
Website as well as any rules, guidelines or code of conduct required by
The EOC Group Pty Ltd to be complied with when using the Website. Any
use of the Website or Content in whole or in part for any other purpose
is strictly prohibited and may subject you to civil and/or criminal
liability.
a.9 You may not modify, copy, distribute, transmit, broadcast, display,
perform, reproduce, publish, licence, create derivative works from,
create hyperlinks to, deeplink, frame, transfer, sell or in any way
otherwise use or exploit the Website or any Content, information or
services available on the Website. All of EOC Group Pty Ltd and
intellectual property rights and those of persons providing content to
the Website are fully reserved. If you require further information on a
permitted use or license to reproduce or hyperlink to the Website or
any Content, please email us on info@eoc.com.au
a.10 You may not attempt to obtain unauthorised access to EOC Group Pty Ltd or computer systems or database records.
a.11 You agree to use www.careerchick.com.au only on this Website and
not through any mirrored websites or other means. You further agree not
to create or provide any other means through which others may use
www.careerchick.com.au, for example, through server emulators. You may
not reverse engineer, decompile or disassemble the software comprising
the Website or its Contents, including any proprietary communications
protocol used by the Website.
b. Use of Message Boards, FAQ etc..
www.careerchick.com.au. contains FAQ/message boards to which you may
submit messages for publication. You agree to use the FAQ/Message Board
only to post, send and receive messages and material that are polite,
comply with the requirements of these TERMS OF USE and the Website, and
relate only to the Website. In particular, but without limitation, you
agree that when using the FAQ/Message Board, you will not:
b.1 - Use the FAQ/Message Board in connection with surveys, contests,
pyramid schemes, chain letters, junk email, or distribute unsolicited
email to others for commercial use or otherwise;
b.2 - Defame, abuse, harass, stalk, threaten or otherwise violate the
security, safety and/or legal rights (such as rights of privacy and
publicity) of others;
b.3 - Publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or
unlawful topic, name, material or information (including but not
limited to pornography, depiction of acts of violence and sexual acts,
and material and information which may perpetuate hatred against any
person or group or having the likely effect of causing harm or offence);
b.4 - Link files that contain software or other material protected by
intellectual property laws (or by rights of privacy or publicity)
unless you own or control the rights thereto or have received all
necessary consents to do the same;
b.5 - Link files that contain, or otherwise intentionally release or
disseminate, viruses, Trojan horses, worms, time bombs, cancelbots,
corrupted files, or any other similar software or programs that may
damage the Website, its Contents or the operation of another's computer
or property of another;
b.6 - Advertise or offer to sell or buy any goods or services for any business purpose;
b.7 - Download any file posted by another visitor of a FAQ/Message
Board that you know, or reasonably should know, cannot be legally
distributed;
b.8 - Falsify or delete any author attributions, legal or other proper
notices or proprietary designations or labels of the origin or source
of software or other material contained in a file that is uploaded;
b.9 - Restrict or inhibit any other user from using and enjoying the FAQ/Message Board;
b.10 - Violate any code of conduct or other guidelines which may be
displayed on the Website for any particular feature or service;
b.11 - Harvest or otherwise collect personal information about other
individuals, including email addresses or Usernames/Aliases for the
purpose of sending unsolicited emails or for exchange, or post personal
information about another individual;
b.12 - Violate, or encouraging others to violate, any applicable laws or regulations or the legal rights of another individual;
b.13 - Create a false identity, or impersonate any person or entity, for the purpose of misleading others;
b.14 - Forge headers or otherwise manipulate identifiers in order to
disguise the origin of any material transmitted through the Website;
b.15 - Use, download or otherwise copy, or provide (whether or not for
a fee) to a person or entity any directory of visitors of the Website
or other visitor or usage information or any portion thereof;
b.16 - Refuse to follow the instructions of any personnel of The EOC
Group Pty Ltd (www.careerchick.com.au) or the moderators of
www.careerchick.com.au FAQ/Message Board.
The EOC Group Pty Ltd (www.careerchick.com.au) have no obligation to
monitor visitor postings to the FAQ/Message Board. However, we reserve
the right to review materials posted to the FAQ/Message Board or any
other interactive message service, and to remove any materials at our
sole discretion without notice. The EOC Group Pty Ltd
(www.careerchick.com.au) reserves the right to temporarily or
permanently terminate your access to the FAQ/Message Board, and/or the
Website at any time, without notice, for any or no reason.
The EOC Group Pty Ltd (www.careerchick.com.au) reserves the right at
all times to disclose any information it deems necessary to satisfy any
applicable law, regulation, legal process or governmental request, or
to edit, refuse to post, or to remove any information or materials, in
whole or in part, at its sole discretion. The EOC Group Pty Ltd
(www.careerchick.com.au) does not control or endorse the content,
messages or information found in any postings and, therefore,
specifically disclaims any liability with regard to the FAQ/Message
Board and any actions resulting from the participation by you or any
other visitor in the FAQ/Message Board or other interactive message
service.
Materials linked to or downloaded from the FAQ/Message Board may be
subject to limitations on usage, reproduction and/or dissemination; you
are responsible for adhering to such limitations if you upload or
download any materials.
By posting or otherwise providing information, feedback, survey
results, photographs, messages or other materials to the Website, you
grant The EOC Group Pty Ltd (www.careerchick.com.au) and its affiliates
a perpetual, irrevocable, royalty-free, worldwide license to edit,
modify, remove, translate and transmit such materials, and to use,
reproduce, broadcast, publish or otherwise display same worldwide in
any form or format of media or technology, whether now known or
developed in the future.
c. Warranty Disclaimers
c.1 No Reliance on Content - All of the Content provided on the Website
is provided to you for your personal information purposes only, neither
The EOC Group Pty Ltd nor any Advertisers are responsible for any
information posted on the Website, FAQ/Message Board or Message Boards.
The Content is believed to be accurate when placed on the Website by
EOC Group Pty Ltd, but we cannot guarantee it is accurate, complete or
current at all times. We are not responsible for any detrimental
reliance you may place on the Website.
c.2 No Website Warranties – The Website and its Content are provided on
an "as is, as available" basis and without representations, warranties
or conditions of any kind, express or implied. The EOC Group Pty Ltd
does not warrant that the Website or Content will be available,
uninterrupted or error-free, that defects will be corrected, or that
the Website or the server on which it is hosted are free of viruses and
other harmful or destructive components. You agree that The EOC Group
Pty Ltd and its Advertisers will not be liable for loss or damage to
your computer, data or computer and telecommunications systems as a
result of your use of the Website.
c.3 Security - Except as expressly stated in our PRIVACY POLICY, The
EOC Group Pty Ltd does not make any representations, warranties or
conditions of any kind, express or implied, as to the security of any
information you may provide or activities you engage in during the
course of your use of the Website.
c.4 General - To the maximum extent permitted by applicable law, The
EOC Group Pty Ltd disclaims all representations, warranties and
conditions, express or implied, including without limitation,
representations, warranties and conditions of merchantability,
merchantable quality, fitness for a particular purpose, title,
non-infringement, and those arising by statute or from a course of
dealing or usage of trade. You expressly agree that the entire risk
with respect to your use of the website and its content, products,
services (including without limitation, extended services, FAQ/Message
Board and message boards) and other materials and activities available
on the website, is assumed solely by you.
d. Exclusions and Limitation of Liability
d.1 To the maximum extent permitted by law, you agree that The EOC
Group Pty Ltd and the Advertisers, and each of their respective
officers, directors, shareholders, employees, agents, licensors,
assigns and co-branders (collectively, "All Parties") will not be
liable for any special, incidental, indirect, consequential, punitive
or exemplary losses or damages whatsoever (including, without
limitation, damages for loss of revenue or profits, loss of business
opportunities, loss of data, loss of goodwill, failure to realise
expected savings, interruption of activities, or any other pecuniary or
economic loss) howsoever arising from the use of, or inability to use,
the website, or any of its content and services, or from any action or
omission taken as a result of using the website or any such content or
product or service available through the website, or any other matter
relating to the website.
d.2 in any event and without limiting the generality of section 6.1 to
the extent permitted by law you agree that the All Parties’ combined
total liability to you for all damages and losses shall not in any
circumstances exceed an aggregate of the amount paid by you in the
three months immediately preceding the event giving rise to the claim,
if any, for accessing and using the website.
e. Indemnity.
You agree to release, indemnify and hold The EOC Group Pty Ltd and
Advertisers, and each of their respective officers, directors,
employees, agents, licensors assigns and co-branders (collectively,
"Indemnified Parties") harmless from and against any damages, losses,
costs and expenses, including reasonable legal costs and expenses and
any fines or penalties imposed by any regulatory, advertising or
trading body or authority, related to or arising out of: (a) any breach
by you of these TERMS OF USE, (b) any use or alleged use of the Website
under your password or other unique identifier, whether or not
authorized by you, (c) your use of the Website, and (d) your violation
of any law or the rights of any Indemnified Party or any third party.
The Indemnified Parties reserve the right to assume and delegate the
exclusive defense and control of any claims, demands and actions
arising in connection with the subject matter of this indemnity and you
agree to cooperate with the Indemnified Parties’ and its designee’s
defence thereof.
f. Third Parties
f.1 You acknowledge that certain links on the Website lead to webpages
located on servers maintained by independent third parties whom The EOC
Group Pty Ltd does not endorse and over whom The EOC Group Pty Ltd has
no control. Accordingly, The EOC Group Pty Ltd accepts no
responsibility or liability for any of the material contained on those
webpages and servers; nor does The EOC Group Pty Ltd accept
responsibility for the availability of such external websites. You
agree and acknowledge that you are solely responsible for evaluating
any goods or services offered by us or by third parties via the Website
and that we will not be party to or in any way responsible for any
transactions between you and third parties.
f.2 The links to other websites may send "cookies" or solicit personal
information from you, and as we have no control over these websites you
agree that we have no responsibility for their actions.
f.3 Where part of the Website contains advertising and other material
submitted to us by third parties please note that those advertisers are
responsible for ensuring that material submitted for inclusion on the
Website complies with all legal requirements. You agree that we have no
liability in respect of any such advertisements.
g. General Practices Regarding Use and Storage
You acknowledge that The EOC Group Pty Ltd may establish general
practices and limits concerning use of the Website, including without
limitation, hours of operation, the maximum number of days that
messages or other uploaded content will be retained on the Website, the
maximum number of messages that may be sent from or received by an
account on the Website, the maximum size of any message that may be
sent from or received by an account on the Website, the maximum disk
space that will be allotted on EOC Group Pty Ltd’s servers on your
behalf, and the maximum number of times, and the maximum duration for
which, you may access the Website in a given period of time.
h. Privacy
Any personal information that you provide about yourself to The EOC
Group Pty Ltd will only be used in accordance with our PRIVACY POLICY.
Please review our PRIVACY POLICY, as it is incorporated into and forms
a binding part of these terms of use. by submitting personal
information to The EOC Group Pty Ltd or its service providers and
agents, you agree to our collection, use and disclosure of such
personal information for the purposes for which you submitted the
information, and as described in and in accordance with our privacy
policy, and as permitted or required by law. If you do not agree with
our PRIVACY POLICY, please do not submit any personal information to
us. Please be aware that the PRIVACY POLICY does not apply to websites
operated by third parties.
i. Modifivation or Termination of Website.
The EOC Group Pty Ltd reserves the right, at any time, and from time to
time, to modify or discontinue, temporarily or permanently: (a) your
access to the Website (or any part thereof); and/or (b) any feature,
content or functionality of the Website (or any part thereof); in each
case, with or without notice, and without any liability for doing so.
j. Changes to These Terms of Use.
The EOC Group Pty Ltd reserves the right, at any time, and from time to
time, to modify these TERMS OF USE, and you agree to be bound by such
modifications. Changes to the TERMS OF USE shall be effective
immediately upon providing you with notice, which notice may be given
by any means, including without limitation, by posting the change on
the Website or by electronic or conventional mail. You agree to
regularly review the TERMS OF USE on the Website. Your use of the
Website following the posting of any change shall constitute your
agreement to comply with and be bound by the modified TERMS OF USE. If
at any time the modified TERMS OF USE are no longer acceptable to you,
you should not use this Website.
k. Competitions, Contests and Prize Draws.
From time to time we may run competitions, contests, games, prize draws
and promotions on the Website. These will be subject to additional
terms, conditions and rules that will be made available at the time of
such competitions. By entering into or participating in such
competitions, you agree to comply with and be bound by such additional
terms, conditions and rules.
l. General
l.1 These TERMS OF USE shall be governed by the laws of Victoria in
Australia . You agree to submit to the exclusive jurisdiction of the
courts in Victoria to determine any matter or dispute in connection
with or arising out of the Website and these TERMS OF USE.
l..2 EOC Group Pty Ltd’s failure to exercise or enforce any right or
provision of these TERMS OF USE does not constitute a waiver of such
right or provision. If any provision of the TERMS OF USE is found by an
arbitrator or court of competent jurisdiction to be invalid, the
parties nevertheless agree that the arbitrator or court should give
effect to the parties' intentions as reflected in the provision, and
the other provisions of the TERMS OF USE remain in full force and
effect.
l..3 You may not assign, sub-license or otherwise transfer any of your rights under these TERMS OF USE.
l..4 The subtitles in these TERMS OF USE are for convenience only and have no legal or contractual effect.
l..5 These TERMS OF USE comprise the entire agreement between you and
The EOC Group Pty Ltd, and supercede all prior agreements,
representations and statements between us regarding the subject matter
of these TERMS OF USE.
BY USING THIS WEBSITE, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY.
Copyright © 2008 EOC Group Pty Ltd. All Rights Reserved. Trademark and
brand identities are property of their respective owners. Use of this
Web site constitutes acceptance of the www.careerchick.com.au TERMS OF
USE and PRIVACY POLICY.