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Website Terms And Conditions
These terms and conditions apply to the use of this Website. In using this Website and our services, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Website.
 
1. Definitions
In these terms and conditions:
1.1 “CV” means the CV and resume details that a candidate provides for posting on the Website and that are provided or may be to provided through an Employer’s use of the Website;
1.2 “Content” means any content and information that a candidate uploads to the Website, including any CV or resume and any audiovisual material and/or that an Employer downloads from the Website in respect of a candidate;
1.3 “Employer” includes a prospective employer or actual or prospective other hirer of a Candidate;
1.4 "we", "us" and "our" are references to Is My Software Pty Ltd ACN 136 024 256;
1.5 “the Website” means our website located at http://ie.ismycv.com and unless the context requires otherwise, related services and sites; and
1.6 “you” and “your” are references to you as the user of the Website (whether as candidate, Employer or otherwise, as the context dictates).
2. Our Role
2.1 In providing the Website and the services offered at the Website, our role is as a neutral facilitator and we are not involved in and assume no liability in respect of any transactions between Employers and candidates. We are not an employer, an employment agency, or a recruiting firm.
3. Membership
3.1 In order to be able to upload or access content on this Website, you must become a member. To become a member, you must complete your registration details in the manner described at the Website.
3.2 Upon registration, you will be provided with a password and account designation. You agree to pay for our services (if applicable) in the manner specified on the Website.
3.3 We reserve the right to suspend or terminate your membership at any time if you breach these Terms and Conditions.
3.4 You agree to ensure that your registration details are true and kept up to date and accurate at all times.
3.5 You must ensure the security and confidentiality of your membership details, including any passwords, user names and other details that may be assigned to you. You are entirely responsible for activities and transaction that occur using these details. Your membership and its details are not transferrable to any other person.
4. Candidate Content
4.1 The responsibility for candidates’ Content rests solely with the respective candidates. We make no representation to any user of the Website as to the accuracy or veracity of that Content. Employers must independently verify that Content and make their own assessment of the suitability of any candidate for any particular role.
4.2 CVs will be available for an Employer’s perusal from the time that the Employer purchases download credits.
5. Specific terms and conditions relating to Employers
The terms and conditions in this clause 5 apply to Employers as users of the Website and the reference “you” is to such users:
5.1 By registering with us to receive candidate Content you represent and warrant to us that you are entitled to act on behalf of and to bind the employer/hirer organisation that you purport to represent.
5.2 You warrant that you will contact candidates only for job openings that actually exist and you may not contact a candidate for other purposes. You warrant that you are able and legally entitled to offer any role that you represent yourself as capable of offering to a candidate. We accept no liability in that regard.
5.3 If you wish to obtain a candidate’s full CV details you must use the Website and its facilities. You must not knowingly contact any candidate who has posted a CV at the Website without first ordering and paying for that candidate’s CV through the processes available at the Website.
5.4 We make no representation as to the suitability of any candidate whose details appear on the Website or that you may contact using the Website, nor their continuing availability following their posting of their Content/CVs.
5.5 We do not represent that any candidate will agree to allowing you access to their CVs or details. We take no responsibility in the event that a candidate declines an invitation to grant access to their CV to you.
5.6 You are obliged to pay for any access to any CV details that your order using the Website and in respect of which a charge applies, irrespective of whether you proceed to interview the candidate and/or to offer the candidate a position.
5.7 To the extent that you use this Website on behalf of a recruiting firm or staff agency you must identify yourself as doing so in that capacity. We may terminate or suspend your membership at our discretion if you use the Website in that capacity.
5.8 You agree that CVs and Content are for your own use and may not be sold, redistributed or used for any commercial purpose other than the prospective hire of candidates. You must not disclose details of the candidate or forward to any other organisation or person outside your organisation any CV or candidate details received through your use of the Website.
5.9 It shall be your responsibility to comply with all legal and regulatory requirements in relation to the interviewing, hiring and employment of personnel whose details you access through the Website, including, without limitation all human rights, equal opportunity and anti-discrimination legislation in force in the jurisdiction in which you operate.
5.10 If you are situated in the United States of America, you must not make, as a condition of employment, that the candidate have U.S citizenship or lawful permanent residence in the U.S.
5.11 You must not use the Website or contact any candidate using the Website or information provided therefrom for any purpose other than the prospective hire or employment of that individual. Without limiting the foregoing the Website must not be used for the purpose of offering business opportunities requiring an up-front payment or any other payment to take advantage of the opportunity, training opportunities, franchise opportunities, pyramid schemes, distributorships, “club memberships” and/or similar “business opportunities”.
5.12 If we provide (or you otherwise obtain through use of the Website) CVs or any other Content to which a charge applies, you must pay the applicable charge, as notified from time to time by us, by credit card or any other method that we approve in advance.
6. Specific Terms and Conditions for Candidates
The terms and conditions in this clause 6 apply to candidates as Users of the Website and the reference to “you” is to such users:
6.1 The responsibility for your Content rests solely with you. You must ensure that the Content is accurate, reliable, not misleading or otherwise in breach of these Terms and Conditions.
6.2 You must proof-read and check all Content to be placed on the Website.
6.3 You must ensure that you select the appropriate category or categories in which your Content is to appear. Nevertheless, we reserve the right to re-classify your Content including, without limitation, by removing it from one category and republishing it in another.
6.4 By uploading, transmitting or posting Content you grant us permission and a royalty free licence to use, edit, reproduce and communicate the Content at the Website and otherwise for the purposes for which you have uploaded it.
6.5 You may alter or remove Content as you wish, subject to compliance with these terms. We will endeavour to activate any changes to Content that you make as soon as practicable but cannot guarantee that these changes will be made within any given time.
6.6 You are not permitted to insert into Content links to any external website other than your own personal website and may not do so where such website contains or facilitates access to material of a pornographic or sexually explicit nature, material in breach of any third party’s intellectual property rights (including but not limited to pirated materials), material which is vilifying or defamatory, misleading or deceptive, or which promotes or incites unlawful activities, the dissemination of unsolicited email or text messages, computer hacking, or which contains or promotes any virus.
6.7 You agree and acknowledge that we may pass on your information to Employers, subject to our Privacy Policy and to our general terms, conditions and procedures.
6.8 You must ensure that you are reasonably qualified and legally entitled to perform any role that you expressly or impliedly represent yourself as capable of filling. We take no responsibility and assume no liability in that regard.
6.9 You must ensure that your access to and use of this Website is not prohibited under the terms of any current employment or other agreement to which you are party. We do not guarantee that your current employer (if applicable) will not have access to and be able to view your Content. We accept no liability for any consequence of such access.
6.10 We make no representation as to the suitability of any Employer that may contact you following your submission of Content to the Website, nor do we represent that you will be or are likely to be regarded as suitable by any Employer for any position, specifically or generally. We accept no responsibility or liability for the quality, safety or standard of positions for which you may be considered or accepted by Employers.
6.11 You affirm that you are 15 years or over or otherwise have legal parental or guardian consent to use the Website and accept these terms and conditions. You warrant and undertake that you have the legal capacity and power to enter into a legal agreement with us on the terms and conditions contained herein and perform your obligations under it and any agreement with any employer/ hirer whose details you acquire through use of the Website.
6.12 We offer paid membership packs providing a greater range of services and options for limited defined periods. Where you purchase a membership pack, you are required to pay the applicable fees then in force as notified at the Website. Once paid, no refunds on these fees are available except in the case of an erroneous double charge. Should you wish to change membership status (for example to upgrade from Silver to Gold) you will not be entitled to any refund of previously paid membership fees. Memberships remain in force for the duration described at the Website, depending on the nature of the membership pack purchased. Once a membership has expired, your status and the services and features available to you will be those available to users who have not purchased membership packs.
7. Disclaimer
7.1 We do not make any representations or warranties that your access to the Website will be uninterrupted, timely, secure or error free.
7.2 We do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Website or any linked website, nor do we accept responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Website.
7.3 To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
 
(a) if the breach relates to goods;
 
 
(i) the replacement of the goods or the 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;
 
(b) if the breach relates to services;
 
 
(i) the supplying of the services again or;
 
 
(ii) the payment of the cost of having the services supplied again.
7.4 In no circumstance will we be liable to you for any indirect, incidental, special and/or consequential losses or damage (including loss of profits, revenue, production, goodwill, data or opportunity or any physical injury) of any nature arising through or as a result of your use of the Website.
8. Exception to Disclaimer
8.1 This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
9. Specific Terms
9.1 You must ensure that your access to this Website is not illegal or prohibited by laws which apply to you.
9.2 You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Website or any linked website.
9.3 Whilst we have no reason to believe that any particular information contained on this Website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this Website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this Website.
9.4 Responsibility for the content of candidate postings or advertisements appearing on this Website rests solely with the candidates. The placement of such postings does not constitute a recommendation or endorsement by us of the candidates and each candidate is solely responsible for any representations made in connection with its posting/advertisement. We do not screen or monitor the background, conduct, suitability or trustworthiness of any user (whether candidate or Employer) and assume no liability for any such screening or monitoring.
9.5 All information contributed by us and appearing at the Website is provided in good faith. You accept that any such information provided by us is general information and is not in the nature of advice. We derive such information from sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update this information at any time.
9.6 We do not verify and assume no liability for the accuracy of the content of job listings or candidate profiles and CVs and we have no control over the quality, safety or legality of job listings or candidate profiles/ CVs, the truth or accuracy of the Content posted by candidates and Employers, whether Employers actually able to hire a candidate in response to a job listing or the ability or suitability of candidates to fill job listings. We do not and cannot represent or guarantee that any user is who the user claims to be.
9.7 We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us. You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material which is made available to you through use of the Website. We will not be liable for any loss arising from any action or decision that you make in reliance on the Content or otherwise by using the Website.
9.8 You acknowledge that we are a distributor, not a publisher, of content on this Website. We are not responsible for and accept no liability in respect of any material uploaded, posted or transmitted to the Website by any person other than us. Our editorial control is limited to the selection of materials to make available, although we reserve the right to review any Content and amend or alter it as we see fit. Any opinions or advice by third parties remain the responsibility of those third parties and we do not guarantee the accuracy, completeness or usefulness of that content or its fitness for any particular purposes.
9.9 Where the information made available on this Website contains opinions or judgements of third parties, we do not purpose to endorse the contents of that opinion or advice. We do not accept liability for loss or damage caused by your reliance upon any information obtained through this service and it remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.
10. Payments and Refunds
10.1
When making payment for any service offered by us you will pay by credit card. Credit card transactions will be secured using 128 bit Secure Sockets Layer (SSL) encryption technology or such other technology deemed appropriate. You are solely responsible for complying with our terms and conditions. Refunds will only be available in the event of an erroneous double charge or as otherwise required by law.
 
Registration Name Is My Software Pty Ltd
Place Registered Victoria, Australia
Office Address 1 Williamsons Road, Doncaster Victoria, Australia 3108
Registered Number 136 024 256
Telephone Number 61 3 9272 0000
Email Address accounts@ismysoftware.com
11. Copyright
11.1 Copyright in this Website (including text, graphics, logos, icons, sound and audiovisual recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
 
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
 
(b) commercialise any information, products or services obtained from any part of this Website;
  without our prior written permission
12. Trade Marks
12.1 “ISMYCV” and various trade marks appearing at the Site are owned by us.
12.2 If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:
 
(a) in or as the whole or part of your own trade marks;
 
(b) in connection with activities, products or services which are not ours;
 
(c) in a manner which may be confusing, misleading or deceptive; or
 
(d) in a manner that disparages us or our information, products or services (including this Website).
13. Restrictions on Use and Conduct
13.1 Unless we agree otherwise in writing, you are provided with access to this Website only for your personal (or business’ own) use. You are authorised to print a copy of any information contained on this Website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this Website.
13.2 You must not use this Website:
 
(a) in breach of any laws or regulations;
 
(b) to impersonate any person, organisation or entity;
 
(c) to transmit unsolicited emails/spam;
 
(d) to defame, abuse, harass, threaten or otherwise harm any person.
13.3 You must not:
 
(a) upload, post, transmit or otherwise make available on the Website any content that:
 
 
(i) promotes, encourages or provides information about unlawful conduct or activities;
 
 
(ii) infringes any third party's intellectual property rights or breaches confidentiality;
 
 
(iii) includes a photograph or other likeness, or personal information of another person without their consent;
 
 
(iv) contains pornography, nudity, sexual acts or references;
 
 
(v) contains profanities, swearing, or vulgarity;
 
 
(vi) you reasonably suspect to be misleading, false or deceptive;
 
 
(vii) contains viruses. worms or other types of malicious or harmful programs, nor take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or
 
 
(viii) advertises, promotes or solicits any goods or services other than relating to your prospective employment or otherwise permitted in writing by us; or
 
(b) delete or alter any content that you have not posted; or
 
(c) damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to us or do anything that compromises the security of the Website;
14. Age
14.1 You affirm that you are 15 years or over or otherwise have legal parental or guardian consent to use the Website and to accept these terms and conditions.
15. Indemnity
15.1 You agree to fully indemnify and hold us harmless against any expenses, costs, loss or damage (including consequential loss) that we may suffer or incur as a result of or in connection with your use of the Website and any breach of these Terms and Conditions.
16. Linked Websites
16.1 This Website may contain links to other websites ("linked websites"). Those links are provided for convenience only and may not remain current or be maintained.
16.2 We are not responsible for the content or privacy practices associated with linked websites.
16.3 Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
17. Privacy Policy
17.1 We undertake to comply with the terms of our privacy policy which appears on our website.
18. Security of Information
18.1 No data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
19. Termination of Access
19.1 The operation of, and your access to this Website may be terminated (whether temporarily or permanently) at any time by us without notice. Those terms and conditions capable of surviving termination will survive any such termination.
20. Waiver
20.1 Our failure to take action with respect to any breach by you or others do not waive our rights to take action with respect to subsequent or similar breaches.
21. Governing Law
21.1 To the extent permissible at law these terms and conditions are governed by the laws in force in Victoria, Australia.
22. Amendments to Terms and Conditions
22.1 We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification will represent and agreement by you to be bound by the terms and conditions as amended.
23. Acceptance
23.1 By clicking I Accept, you acknowledge that you have read, understood and accept the above terms of use.