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Terms of Service

GENERAL TERMS OF USE

1. Ownership

  1. Welcome to the CoverCard website which is owned and operated by CoverCard Pty Limited ABN 82 603 419 343 (we, us, CoverCard and other similar expressions refer to CoverCard Pty Ltd) using the domain name www.CoverCard.com.au or any related sites, including but not limited to www.CoverCard.co (together and separately the Site) and the CoverCard service.

2. Acceptance

  1. These are the general terms of use for the Site (General Terms of Use) that apply to all users of our Site. Before using our Site, you must read, understand and accept these General Terms of Use. Your use of our Site constitutes your acceptance of these General Terms of Use.

 

  1. Additional terms of use apply to any user who registers as a Worker on the Site (Worker Terms of Use) or as an Employer on the Site (Employer Terms of Use). You will be prompted to read and accept those terms of use before registering, and in such a case the term ‘General Terms of Use’ includes the Worker Terms of Use and/or Employer Terms of Use (as appropriate).

3. Privacy

  1. Our Privacy Policy forms part of these General Terms of Use and is available on our Site at www.CoverCard.com.au.

4. Varying these terms

  1. We may change the General Terms of Use, Worker Terms of Use and/or Employer Terms of Use at any time by publishing the varied terms on the Site. You accept that by us doing this, we have provided you with reasonable notice of the variation and agree to be bound by the most current version of the General Terms of Use, Worker Terms of Use and/or Employer Terms of Use published on the Site.

5. The CoverCard Service

  1. The CoverCard service, provided through the Site, allows Workers to manage, present and share their qualifications, skills and work experience and enables Employers to more quickly find and manage the workers they need based on workers’ qualifications, including the option to create a Worker Talent Pool database (the Service).

 

  1. Workers can search the CoverCard job listing for available opportunities; upload their resume and qualifications; and create a professional profile and apply for jobs listed on the Site. They can also join public Talent Pools, or private Talent Pools where invited by an Employer.

 

  1. Employers can post job advertisements to the CoverCard job listing and use our qualification matching service to save time when looking for workers. In addition, an Employer may use CoverCard to create an ongoing Talent Pool of current and / or prospective Workers.

6. Users of the Site

  1. The Site can only be used by the following types of users:

 

    1. Individuals either in the workforce or seeking work to establish career networks, source potential employment opportunities, develop their own network of contacts and manage and advance their careers (Workers);

 

    1. Employers and potential employers wishing to source and contact candidates for potential employment (Employers).

 

  1. All users must be at least 18 years of age.

7. Communication facilities

  1. As a registered Worker or Employer, you are able to utilise the Site’s communication facilities (Communication Facilities) which allow you to communicate with other Workers, Employers and other parties electronically. Workers and Employers may also be able to contact other Workers or Employers by phone or email, or by connecting your LinkedIn or Facebook accounts (all such communications being Communications).
  1. When using the Communication Facilities, any information, image, text or other material of any kind whatsoever (Material) that you post, email, transmit, or otherwise make available on the Site must comply with these Terms of Use.

8. Confidentiality and Privacy

  1. Each party must treat as Confidential Information all information provided by the other and must not disclose the other party’s Confidential Information to any person except:

 

    1. its employees, contractors, professional advisors and auditors on a “need to know” basis provided those persons first agree to observe the confidentiality of the information;
    2. with the other party’s written consent; or
    3. if required by law or any stock exchange on which its securities are listed.

 

  1. For the purposes of this clause, Confidential Information means all confidential information, non-public or proprietary information regardless of how the information is stored or delivered, exchanged between the parties before, on or after the date they register as users on our Site, relating to the business technology, customers or other affairs of the disclosing party, and includes any information in relation to Workers. It excludes information which:

 

    1. is in or becomes part of the public domain other than through breach of these General Terms of Use or an obligation of confidence owed to the disclosing party; or
    2. the recipient can prove by contemporaneous written documentation it was already known to it at the time of disclosure by the disclosing party, unless such knowledge arose from disclosure of information in breach of an obligation of confidentiality; or
    3. the recipient acquires from a source other than the disclosing party or any related entity or representative of the disclosing party where such a source is entitled to disclose it.

9. Intellectual Property Rights

  1. The intellectual property rights (including copyright) in all information, text, graphics, icons, code (including HTML), trade marks (including the trademarks of third parties) audio, video and software on the Site (Content) is owned by or licensed to us.

 

  1. In particular, copyright in our database of licence and qualification data is owned by us and must not be reproduced in any form without written permission.

 

  1. We grant you a personal, non-transferable and non-exclusive licence to use the Content solely for the purpose of using the Site, subject to these General Terms of Use. We may terminate the licence at any time without cause or notice to you.

 

  1. Except as expressly authorised by us, you must not, in any form and by any means, without our prior approval:

 

    1. adapt, reproduce, distribute, print, display, perform, publish or create derivative works from any part of this Site, or
    2. commercialise any Content, products or services obtained from any part of this Site.

10. Prohibited conduct

  1. You must not do any of the following when accessing and using the Site and making Communications:

 

    1. use your account with us for any purpose that is unlawful, fraudulent, offensive or prohibited, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, profane or spam material;
    2. misrepresent or deceive any users of the Site by any act or omission, for example by making a false representation about your identity, including the impersonation of a real or fictitious person or using an alternative identity or pseudonym;
    3. attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of the Site;
    4. engage in any crawling, scraping or spidering of any content on the Site;
    5. engage in framing, or provide unauthorised interfaces to CoverCard applications;
    6. take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure, including but not limited to “spam” or other such unsolicited mass e-mailing techniques;
    7. conduct any activity which compromises or breaches another party’s intellectual property rights (including without limitation, copyright or trademark rights);
    8. introduce any virus, worm, Trojan horse, malicious code or other program which may damage computers or other computer based equipment to the Site or to other users;
    9. attempt to disrupt or interfere with the delivery of the CoverCard service or the services of our partners and clients
    10. sell, redistribute or use information contained on the Site for a commercial purpose without our prior written consent;
    11. attempt to gain unauthorised access to any part of the Site;
    12. copy, collect or save information about other users including without limitation user details, skills, employment, licence, qualification or education history;
    13. use the details of other users for any purpose other than the use expressly permitted by those users under these General Terms of Use;
    14. publish advertising material of any kind or market any goods or services directly to other users;
    15. share your username and password information with anyone else, or allow any other person to access your account;
    16. use the Site in a way that we reasonably determine abuses the Site.

11. Disclaimer and limitation of liability

  1. You agree that your use of the Site is at your sole risk. To the fullest extent permitted by law, in no event will we or our officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, losses or expenses or consequential damages whatsoever resulting from any:
    1. errors, mistakes, software issues, incorrect communications or inaccuracies of content on the Site;
    2. the identity or authenticity of any other user or with whom you may make Communications, or information posted on the Site by a user;
    3. any decision made or action taken by you or anyone else in reliance upon any information contained on or omitted from the site or any communications we have with you;
    4. any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored on our servers;
    5. any interruption or cessation of transmission to or from the Site;
    6. any bugs, viruses, Trojan horses, malicious code or the like, which may be transmitted to or through the Site by any third party, and/or
    7. any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Site, whether based on warranty, contract, tort, or any other legal theory, and whether or not we are advised of the possibility of such damages.
  1. You specifically acknowledge that we are not liable for content of any third party, or the defamatory, offensive, or illegal conduct of any third party, and that the risk of harm or damage from such content or conduct rests entirely with you.
  1. You agree that information published by us is intended to provide general information only. We do not endorse or recommend any of the jobs, businesses or employment opportunities advertised on our site and we strongly recommend that prior to entering into any agreement with any of the Workers or Employers on the site, that you obtain your own and any independent advice as appropriate. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site.
  1. We give no warranty about the continued availability of any particular job or Talent Pool advertised on the site and will not be liable to you under any circumstances if an Employer has filled the vacancy at any time prior to removal of the advertisement from the site. We are not responsible for the verification or accuracy of information provided by Employers or Workers. Both parties should ensure that they carry out appropriate verification.

 

  1. We give no warranty about the accuracy of information provided by Workers or Employers. We are not responsible for the verification or accuracy of licence and qualification information provided by Workers, and Employers should ensure that they carry out appropriate verification.

 

  1. We give no warranty that the licence and qualification expiry communications are accurate, will reach you, or will always be sent correctly. Any liability arising from expired qualifications, licences, or any other relevant work requirements rests with you.

 

  1. We give no warranty to you that the Services generally available through our Site will be uninterrupted or error-free or that defects in the Service will be corrected. You also agree that we do not guarantee or warrant that files available for downloading through our Site or delivered by email will be free of viruses, worms, Trojans, or other code that manifest contaminating or destructive properties.

12. Indemnity

  1. To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless us and our officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and access to the Site.

13. Suspension/termination of access to the Site

  1. We reserve the right to immediately suspend or terminate your use of, or access to, the Site and Communication Facilities at any time if we determine that:

 

    1. you have breached these General Terms of Use or any relevant law;
    2. you have engaged in any conduct that we consider to be inappropriate or unacceptable;
    3. we are unable to provide access to you (for example if there are any faults, service outages or other technical problems, or where required by law);
    4. you have not accessed your account for a period of 365 consecutive days or more;
    5. you become insolvent.

 

  1. You may terminate your use of the Site at any time by deactivating your account.

 

  1. All restrictions imposed on you, and all our disclaimers, limitations of liability and indemnities set out in these General Terms of Use will survive any termination.

14. Monitoring and enforcement

  1. We may, but are under no obligation to, monitor or review the Material posted on the Site or our Communication Facilities and may edit, refuse to post or to remove any materials (in whole or in part) that in our sole discretion is in any way objectionable or in violation of any applicable law or these General Terms of Use.
  1. We are not able to control and actively monitor content at all times. Despite our best efforts, you may be exposed to objectionable content and you may contact us at admin@covercard.com.au in order to report objectionable content.

 

  1. If we suspect that you are responsible for submitting objectionable content for publication on the Site, your access to the Site and your account may be suspended. However, we are not obliged to take any action against those responsible for objectionable content.

15. General

  1. Nothing in these General Terms of Use will create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us.

 

  1. These General Terms of Use (including where appropriate the Worker Terms of Use and/or the Employer Terms of Use) contain the entire agreement between you and us about your use of the Site and the Service.

 

  1. In the event of any inconsistency between a term in these General Terms of Use and a term in the Worker Terms of Use or Employer Terms of Use, these General Terms of Use will prevail.

 

  1. No failure or delay of either you or us in exercising any right, power, or privilege under these General Terms of Use operates as a waiver or any such right, power of privilege.
  1. If any provision of these General Terms of Use is found by a court of competent jurisdiction to be invalid, then the provision is deemed deleted but the court should try to give effect to the parties’ intentions as reflected in the provision. The other provisions of these General Terms of Use are to remain in full force and effect.

 

  1. Your rights and obligations under these General Terms of Use are personal and may not be assigned or dealt with in any way without our approval, which we may withhold in our absolute discretion.

 

  1. You must do everything reasonably required by us to give full effect to these General Terms of Use.

 

  1. Where anything requires our consent or approval, that consent or approval may be given conditionally or withheld by us as we decide.

 

  1. These General Terms of Use are governed by the laws in force in the State of Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the courts in the State of Victoria, Australia.

 

WORKER TERMS OF USE

1. Terms form part of CoverCard General Terms of Use

  1. These are the Worker Terms of Use that are referred to in the CoverCard General Terms of Use. The Worker Terms of Use and the General Terms of Use apply to users who register as Workers on the Site and the Service.

2. Registration as a Worker

  1. In order to access and use the Worker features and facilities on the Site, you must register and create a Worker account.
  1. To register as a Worker you must complete a professional profile that contains personal information, including but not limited to your licences, qualifications, education history, employment history, skills and your resume (Worker Profile Content). You warrant that all information provided by you in your Worker Profile Content is accurate, up-to-date and complete, and not misleading to any Users of the Site.

 

  1. Workers must nominate a username and password for their Worker account. Each Worker is responsible for all activity under his or her Worker account. A Worker must notify us of any unauthorised use of his or her Worker account or any other breach of security.
  1. An individual may register as a Worker only once. You must not register multiple or fictitious identities.

3. Restricted use

  1. As a Worker on the Site, you are permitted to communicate with other Workers within the context of making new business contacts, finding business resources, finding business based information, search the job listing for employment opportunities, and communicating with Employers in order to secure employment (Permitted Purpose). You may also connect your Facebook and LinkedIn accounts to communicate with Facebook friends and LinkedIn connections, initiated from the Site, for the Permitted Purpose.

 

4. Intellectual Property Rights

  1. You retain ownership in your Worker Profile Content and the material that you post, email, transmit, or otherwise make available on the Site. However, by making available your Worker Profile Content and material on the Site, you grant to us a non-exclusive, royalty-free, unrestricted, perpetual right to use (including but not limited to the right to edit and reproduce), or otherwise exploit your Worker Profile Content and material in all media throughout the world.
  1. The rights granted in this clause include the right to exploit all proprietary rights in the Worker Profile Content and the material including but not limited to rights under copyright, trade mark, service mark or patent laws under any jurisdiction worldwide.

EMPLOYER TERMS OF USE

1. Terms form part of CoverCard General Terms of Use

  1. These are the Employer Terms of Use that are referred to in the CoverCard General Terms of Use. These Employer Terms of Use and the General Terms of Use apply to users who register as Employers on the Site and the Service.
  1. Registration as an Employer

 

  1. In order to access and use the Employer features and facilities on the Site, you must register and create an Employer account by completing your registration details as required.
  1. You must nominate a username and password for your Employer account. You must keep your username and password confidential and secure. You are responsible for all activity under your Employer account. You must notify us of any unauthorised use of your Employer account or any other breach of security.

 

  1. A user may only have one Employer account at any one time. You must not register multiple or fictitious identities.

3. Restricted use

1. As a registered Employer on the Site, you are permitted to use the Site to post job advertisements and create Talent Pools, and source and contact candidates for potential employment strictly in accordance with these Employer Terms of Use (Permitted Purpose).

4. Employer Services

  1. Employers can use the Site and the Service to, amongst other things, post a job, view, shortlist and manage candidates, create and manage Talent Pools, set up email alerts, contact Workers and download Workers’ resumes and CoverCards.

 

  1. In accordance with the details on the Site, some parts of the Service are free, while others require a fee to be paid.

 

  1. The Worker details we provide you will be those details we have obtained from the Worker. While we will use our best efforts to keep the details provided by Workers up to date, we cannot warrant that the details will be up to date or correct, and do not accept any liability if you are not able to get in contact with a Worker or if any details are incorrect or out of date.

5. Fees

  1. Fees are payable for certain aspects of the Service. The fees are as per the pricing details on the Site. The fees may be amended by us at any time.

 

7. Fees – Third party products (as applicable)

  1. If we supply you with any third party products (as agreed between us), the third party terms and conditions are incorporated by reference and form part of these Employer Terms of Use.

 

  1. You will pay us any fee (as agreed or as detailed on the Site) in consideration of the provision of the third party products.

8. Fees – General terms

  1. Any marketing material or price list published by us on the Site is not an offer from us, but merely an invitation to you to order the Services from us. Each order must be accepted by us before it becomes binding. We are not required to accept any order from you.

 

  1. Unless otherwise expressly stated, all prices are in Australian dollars and are exclusive of GST.

 

  1. Payments can be made by a MasterCard, Visa or American Express. All credit card/debit card holders are subject to validation checks and authorisation by the card issuer.

 

  1. Some Employers may be eligible for payment via monthly accounts. Eligibility for monthly account payments is solely at our discretion.

 

  1. We reserve the right to refuse credit/debit card payments in our reasonable discretion.

 

  1. We will process your payment on a secure site.

 

  1. Unless you are an approved account customer, payments must be made in advance and are non-refundable.

 

  1. We will provide the Services and third party products (if applicable) with due care and skill, but we do not guarantee that they will be continuous or fault free.

9. GST

  1. All consideration provided for any taxable supply under these Employer Terms of Use are exclusive of GST unless the contrary is clear. The amount of that consideration must be increased by an additional amount equal to the GST on that taxable supply. You must pay it at the same time as the consideration in respect of that taxable supply becomes due or, if we have to pay (or allow credit against) the relevant GST before then, the additional amount must be paid at that earlier time.