Terms & Conditions
General Terms & Conditions
Registered Terms & Conditions
PLOYME GENERAL WEBSITE TERMS AND CONDITIONS
These terms and conditions form an agreement between you, the end user and Need Staff Pty Ltd ("NSN") in relation to the use of services provided by NSN through the Ployme website and employment portal ("the Portal"). It is a pre-condition to being registered as a user of the Portal that you accept and agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must not use or access the Portal.
These terms and conditions must be read in accordance with the Ployme General Website Terms and Conditions, the Ployme Website Privacy Policy and any other applicable provisions governing the use of the Portal, however, in the event of any inconsistency between any of these documents, these terms and conditions shall prevail to the extent of any inconsistency.
1. SIGNUP AND REGISTRATION
In order to use the Portal, you must become a registered user. Through the signup process, NSN will request a number of personal details for use in connection with the Portal. NSN undertakes to only use such information provided in accordance with its Privacy Policy.
Through the registration process, you will be asked to select a username and password, which will be required each time you access the Portal. NSN recommends the selection of a secure password (one that is difficult to guess, for example, containing a combination of letter and numbers and not simply a name or date of birth), which should be kept confidential at all times. You acknowledge and agree that you are responsible for maintaining this confidentiality and NSN cannot be held responsible for any unauthorised use that is made of your account through persons guessing your password or through your disclosure. You acknowledge that you will be responsible for all activity (including the incurring of fees or costs) utilising your account and indemnify NSN in this regard. NSN recommends that you change your password on a regular basis, or immediately if you suspect there has been unauthorised access or activity on your account. You may change your password by logging into the Portal and following the appropriate instructions.
2. USE
You acknowledge and agree that you are granted access to and use of the Portal only in accordance with these terms and conditions.
Unless otherwise agreed by NSN in writing, you must not use the Portal, or the information available on it, to establish, promote, maintain or provide, or assist in establishing, promoting, maintaining or providing your own publication, internet site or other means of commercial or non-commercial distribution.
You agree to use the Portal for lawful purposes only.
3. PROVISION OF INFORMATION
You acknowledge and agree that through the registration process and subsequently through your use of the Portal, you will provide information (for example, a description of yourself/your company or the type of work/employee sought) that may become publicly available on the website and to other users of the Portal. For this reason, you should not post any information (whether about yourself or otherwise) that you do not want to be publicly available. NSN will not, however, disclose any contact information either on the website or to other Portal users without your express consent.
As NSN will be hosting and other Portal users will be relying on the information you provide, as a condition of your use of the Portal, you agree that you will not provide inaccurate, misleading or deceptive information or material to the Portal in any respect (including by omission) and you indemnify NSN in respect of any claim, costs or liability it may incur in respect of your breach of this condition. NSN reserves the right to monitor communication taking place through the use of the Portal.
4. PRICE LIST
You acknowledge and agree that by using the facilities and services offered through the Portal, you agree to pay to NSN all fees, charges and other amounts that may be incurred in respect of those facilities and services in accordance with the Portal's Price List (see our FAQ) as it may be amended from time to time ("Fees").
You agree to pay the Fees for all facilities and services used by your account, whether such facilities or services were used by you personally or not. In the event that your account becomes overdrawn, you agree to pay to NSN an amount at least sufficient to restore your account to a credit balance within seven (7) days of such an event occurring.
Payments for use of the Portal may be made using credit card only.
While NSN shall use all reasonable endeavours to ensure the security and privacy of all payment details submitted through the Portal, it shall not be liable for an unauthorised use of your payment details as a result of circumstances outside its control.
You will not be entitled to any refund of any Fees unless NSN are required by law to refund such Fees.
5. AVAILABLE INFORMATION
All information provided on the Portal pursuant to these terms and conditions is provided in good faith. You accept that any information so provided is general information and is not in the nature of advice or other form of professional assistance. Given the nature of the information provided on the Portal, being provided predominantly by third parties, you acknowledge that NSN cannot and does not make any representations or warranties that the information provided is reliable, accurate or complete.
The information, software, products and services published on the Portal may include inaccuracies or typographical errors and changes may be periodically added or made to the information contained on the Portal. The Portal may be amended or improved at any time.
NSN is not liable for any loss resulting from any action taken or reliance made by you on any information or material posted available on the Portal. You should make your own inquiries and seek independent advice from a relevant industry professional before acting or relying upon any information or material which is made available to you on the Portal. Given the nature of the internet and of the information provided on the Portal, you acknowledge and agree that NSN does not warrant that your access to the Portal or to the information provided on it will be uninterrupted, timely or secure.
6. SERVICE AVAILABILITY
You acknowledge and agree that NSN does not provide any warranty or guarantee that the information or services available through the Portal will be uninterrupted or defect or error free, nor that any such defects or errors will be remedied. You also acknowledge and agree that NSN does not and can not warrant that any files downloaded from the Portal or delivered via email or SMS are free of viruses, worms or other malicious code and that you are responsible for implementing appropriate virus-scanning or other screening processes to in relation to such material.
7. INTELLECTUAL PROPERTY
All intellectual property (including copyright) incorporated in the Portal (including, without limitation, text, graphics, logos, icons, sound recordings and/or software) is owned or licensed by NSN. Information provided by third parties appearing on this site may be the subject of intellectual property rights owned by such third parties. Other than as expressly permitted by these terms and conditions, the Registered User Terms and Conditions or law, you must not in any form or by any means:
(a) modify, copy, adapt, reproduce, post, store, distribute, print, display, perform, publish or create derivative works from any part of the Portal;
(b) decompile, reverse engineer, disassemble or otherwise derive the source code or database structures of the Portal;
(c) use any automated processes of any sort to query, data-mine, screen-scrap, access or copy information or content presented on the Portal nor use any other similar data extraction and/or gathering tools; or
(d) commercialise any information, products or services obtained from any part of the Portal,
without the express written permission of NSN or, in the case of third party material, from the owner of the intellectual property rights in such material.
You hereby grant NSN an irrevocable, royalty free, transferable license to use, modify, copy, adapt, reproduce, distribute or otherwise use the benefit of any and all intellectual property rights comprised in any material submitted through the Portal for the purpose of running, managing, promoting, reproducing or otherwise in connection with the Portal.
8. LINKS TO OTHER WEBSITES
The Portal may contain links to other websites ("linked websites"). Such links are provided for convenience only and no warranty is made in respect of their currency, accuracy, appropriateness or legality. As linked websites are outside the control of NSN, NSN is not responsible for the content, practices or actions associated with linked websites. The appearance of such a link on the Portal is for convenience only and should not be construed as an endorsement, approval or recommendation by NSN of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on such places. You acknowledge and agree that NSN does not warrant, nor is it responsible for the material contained on linked websites, including, without limitation, the extent to which they may comply with any applicable intellectual property or other laws. You acknowledge and agree that NSN will not be liable for any loss or damage resulting out of or in connection with any information or third party services provided by, through or as a result of accessing a linked website.
9. USE OF INTERACTIVE FORUMS
- If the Portal contains bulletin boards, chat rooms, or other message or communication facilities (collectively, "Forums"), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information;
- upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
- upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
- delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
- falsify the origin or source of software or other material contained in a file that is uploaded;
- advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters; or
- download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
- You acknowledge that all Forums are public and not private communications. Further, you acknowledge that chats, postings, conferences, and other communications by other users are not endorsed by NSN, and such communications shall not be considered reviewed, screened, or approved by NSN. NSN reserves the right for any reason to remove without notice, any contents of the Forums received from users, including without limitation bulletin board postings. NSN reserves the right to deny in its sole discretion any user access to the Portal or its websites or any portion thereof without notice.
10. PROHIBITIONS
You must not submit for publication on the Portal or elsewhere, any advertisement, notice or material that:
- does not comply with all relevant laws, common law or regulations, including the Human Rights and Equal Opportunity Commission Act 1986 (Cth), all other applicable equal opportunity or anti-discrimination legislation of the states or territories, relevant industry regulations, standards of practice or codes of conduct;
- infringes the intellectual property rights of any person;
- is obscene, offensive, defamatory or in any way unsuitable for people under the age of eighteen (18) years;
- comprises anything that may be used for any purpose or activity of an illegal, fraudulent or defamatory nature;
- is misleading or deceptive or likely to mislead or deceive; or
- which comprises anything which may adversely reflect on NSN.
11. INDEMNITY
You hereby release and indemnify NSN, its employees and agents against all actions, claims and demands (including the cost of defending or settling any actions, claims and demands) which may be instituted against NSN arising out of:
- your breach of these terms and conditions;
- any wilful, unlawful or negligent act in which you engage;
- the publication or distribution by NSN or any other person of any material supplied by you through the Portal.
12. IMPROVEMENTS
NSN welcomes ideas and feedback from you about all aspects of the Portal. You agree that NSN may reproduce, distribute, transmit, create derivative works of, and publicly display any materials and other information (including ideas for new or improved products and services) that you submit to any public areas of the Portal (such as Forums) or by email to NSN.
13. SPECIFIC TERMS - EMPLOYERS
13.1 Application
The terms and conditions contained in this clause 13 shall apply to users who at any time utilise the staff-seeking or employer functions of the Portal, in addition to all other terms and conditions.
13.2 Specific Warnings
In addition to all other warnings, exclusions and other provisions of these terms and conditions, all users acknowledge and agree that:
- in particular, all requests for staff placed through the portal must not be discriminatory, or in any other way unlawful;
- NSN does not warrant that any staff suitable or appropriate for the position to be filled by the user will be available through the Portal;
- simply by their appearance on the portal, NSN does not recommend, endorse or verify the suitability of any users seeking work for your particular circumstances;
- all information in relation to available staff on the Portal is provided by users themselves and NSN has no ability or means through which to verify the information provided and provides no warranty or guarantee in relation to such information (for example, that a particular person possesses the relevant qualification, skills or abilities for the position sought to be filled);
- even if confirmed through the Portal, NSN does not guarantee that staff will attend at the time or place designated by the employer;
- even if staff attend at the time or place designated by the employer, that they will continue to do so for the designated period,
and you agree to release, indemnify, discharge and forever hold NSN harmless from any action or other claim or demand that may be made in respect of any of these circumstances.
14. SPECIFIC TERMS - WORK SEEKERS
14.1 Application
The terms and conditions contained in this clause 14 shall apply to users who at any time utilise the work-seeking or employee functions of the Portal, in addition to all other terms and conditions.
14.2 Specific Warnings
In addition to all other warnings, exclusions and other provisions of these terms and conditions, all users acknowledge and agree that:
- NSN does not guarantee that potential employers using the Portal will, at any particular time, have or make any offers of available work which is suitable or desirable for you or at all;
- NSN gives no guarantee to you of the continued availability of any particular work offered, advertised or sent to you and will not be liable to you should an employer user fill the work offered at any time;
- as all information is provided by third parties, NSN gives no guarantee to you that work offered, advertised or sent to you represents an actual work vacancy or is in any other way truthful, accurate or appropriate;
- simply by their appearance on the portal, NSN does not recommend, endorse or verify the suitability of any employers for your particular circumstances;
- all information in relation to available work on the Portal is provided by employers themselves and NSN has no ability or means through which to verify the information provided and provides no warranty or guarantee in relation to such information;
- even if confirmed through the Portal, NSN does not guarantee that employers will comply with the terms of the confirmation;
- NSN does not guarantee the availability (or any continuing availability once initially engaged by an employer) of any work offered by an employer for the confirmed, or any other, extended period;
and you agree to release, indemnify, discharge and forever hold NSN harmless from any action or other claim or demand that may be made in respect of any of these circumstances.
15. OTHER WARNINGS
NSN provides the Portal and its related services as an introductory service only. No relationship other those that specifically contemplated by these terms and conditions are formed between NSN and the user, for example, that of employer and employee, principal and contractor or any other such legal relationship. All users acknowledge and agree that they (being both employers and staff) are responsible for compliance with all industrial relations, taxation, workplace health and safety and all other applicable laws or codes.
You must ensure that your access to this web site is not illegal or prohibited by laws which apply to you.
NSN does not warrant the accuracy, adequacy or completeness of any information available through the Portal, nor does it undertake to keep the Portal updated. NSN is not responsible for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on the Portal.
The Portal may include advertisements place or paid for by third parties. The placement of such advertisements does not constitute a recommendation or endorsement by NSN of the advertisers' products and users acknowledge and agreement that the advertiser itself is solely responsible for any representations made in connection with the advertisement and release NSN is this regard.
16. PRIVACY POLICY
In dealing with any personal information obtained by NSN through your use of the Portal, NSN undertakes to comply with the terms of our privacy policy, which is located here.
17. SECURITY OF INFORMATION
Given the nature of the internet, no data transmission between you and the Portal can be guaranteed as totally secure. While NSN strives to protect all confidential information, it does not warrant and cannot ensure the security of any information which you transmit to or through the Portal. Accordingly, any information which you transmit is transmitted at your own risk. Nevertheless, once transmissions are received, NSN will take reasonable steps to preserve the security of confidential information.
18. TERMINATION OF ACCESS
NSN may terminate or suspend access to the Portal or to your account at any time without notice or reason. Notwithstanding such a termination occurring, the provisions of these terms and conditions capable of continuing in operation shall do so to their full force and effect.
19. AMENDMENT
NSN may amend the terms and conditions at any time without notice. Any new terms and conditions will be posted on the Portal and shall be effective immediately upon NSN doing so.
20. DISCLAIMER
You acknowledge and agree that NSN is not responsible for any loss or damage, howsoever caused (including through negligence), that you may directly or indirectly suffer in connection with your use of the Portal or any linked website. You also acknowledge and agree that NSN is not responsible for any such loss arising out of your use of or in reliance on the information contained on or accessed through the Portal.
To the maximum 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 that cannot be excluded or modified, that condition or warranty is hereby included in these terms and conditions, however, to the maximum extent permitted by law, NSN's liability will be limited, for a breach of such a condition or warranty to one or more (at NSN's absolute discretion) of the following:
-
if the breach relates to goods:
- the replacement of the goods or the supply of equivalent goods;
- the repair of such goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; and
-
if the breach relates to services:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
21. GOVERNING LAW
These terms and conditions and your use of the Portal shall be governed by the laws in force in Queensland, Australia. Both you and NSN hereby submit to the jurisdiction of the courts of Queensland in relation to any and all disputes arising out of or in connection with these terms and conditions or the use of the Portal.
22. GENERAL
If NSN waives any rights available to it under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any part of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and NSN as a result of these terms and conditions or use of the Portal.
Any rights not expressly granted herein are reserved.
In addition to these general terms and conditions, NSN reserves the right to refuse acceptance of any registration, advertisement, submission or other material it considers inappropriate for whatever reason.
23. DEFINITIONS
In the interpretation of these terms and conditions, unless the context or subject matter otherwise requires:
"NSN" means Need Staff Now Pty Ltd (ACN 122 611 296) and its successors, administrators and assigns;
"Portal" means the Ployme website and employment portal, owner and operated by NSN;
"terms and conditions" means primarily these Ployme Registered Users Terms and Conditions and where the context permits, also the Ployme General Website Terms and Conditions, the Ployme website Privacy Policy and any other applicable provisions governing the use of the Portal as they may be amended from time to time;
"you" means you, the user of the Portal; and
"website" means the Ployme website, owned and operated by NSN, located at www.ployme.com.au.
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PLOYME REGISTERED USERS TERMS AND CONDITIONS
These terms and conditions form an agreement between you, the end user and
Need Staff Pty Ltd ("NSN") in relation to the use of services provided by NSN
through the Ployme website and employment portal ("the Portal"). It is a precondition
to being registered as a user of the Portal that you accept and agree to
be bound by these terms and conditions. If you do not accept these terms and
conditions, you must not use or access the Portal.
These terms and conditions must be read in accordance with the Ployme General
Website Terms and Conditions, the Ployme Website Privacy Policy and any other
applicable provisions governing the use of the Portal, however, in the event of
any inconsistency between any of these documents, these terms and conditions
shall prevail to the extent of any inconsistency.
1. SIGNUP AND REGISTRATION
In order to use the Portal, you must become a registered user. Through the
signup process, NSN will request a number of personal details for use in
connection with the Portal. NSN undertakes to only use such information
provided in accordance with its Privacy Policy.
Through the registration process, you will be asked to select a username and
password, which will be required each time you access the Portal. NSN
recommends the selection of a secure password (one that is difficult to guess, for
example, containing a combination of letter and numbers and not simply a name
or date of birth), which should be kept confidential at all times. You acknowledge
and agree that you are responsible for maintaining this confidentiality and NSN
cannot be held responsible for any unauthorised use that is made of your account
through persons guessing your password or through your disclosure. You
acknowledge that you will be responsible for all activity (including the incurring of
fees or costs) utilising your account and indemnify NSN in this regard. NSN
recommends that you change your password on a regular basis, or immediately if
you suspect there has been unauthorised access or activity on your account. You
may change your password by logging into the Portal and following the
appropriate instructions.
2. USE
You acknowledge and agree that you are granted access to and use of the Portal
only in accordance with these terms and conditions.
Unless otherwise agreed by NSN in writing, you must not use the Portal, or the
information available on it, to establish, promote, maintain or provide, or assist in
establishing, promoting, maintaining or providing your own publication, internet
site or other means of commercial or non-commercial distribution.
You agree to use the Portal for lawful purposes only.
3. PROVISION OF INFORMATION
You acknowledge and agree that through the registration process and
subsequently through your use of the Portal, you will provide information (for
example, a description of yourself/your company or the type of work/employee
sought) that may become publicly available on the website and to other users of
the Portal. For this reason, you should not post any information (whether about
yourself or otherwise) that you do not want to be publicly available. NSN will not,
however, disclose any contact information either on the website or to other Portal
users without your express consent.
As NSN will be hosting and other Portal users will be relying on the information
you provide, as a condition of your use of the Portal, you agree that you will not
provide inaccurate, misleading or deceptive information or material to the Portal
in any respect (including by omission) and you indemnify NSN in respect of any
claim, costs or liability it may incur in respect of your breach of this condition.
NSN reserves the right to monitor communication taking place through the use of
the Portal.
4. FEES AND PAYMENT
You acknowledge and agree that by using the facilities and services offered
through the Portal, you agree to pay to NSN all fees, charges and other amounts
that may be incurred in respect of those facilities and services in accordance with
the Portal's Price List [LINK] as it may be amended from time to time ("Fees").
You agree to pay the Fees for all facilities and services used by your account,
whether such facilities or services were used by you personally or not. In the
event that your account becomes overdrawn, you agree to pay to NSN an amount
at least sufficient to restore your account to a credit balance within seven (7)
days of such an event occurring.
Payments for use of the Portal may be made using VISA, MasterCard, or American Express
credit cards.
While NSN shall use all reasonable endeavours to ensure the security and privacy
of all payment details submitted through the Portal, it shall not be liable for an
unauthorised use of your payment details as a result of circumstances outside its
control.
5. AVAILABLE INFORMATION
All information provided on the Portal pursuant to these terms and conditions is
provided in good faith. You accept that any information so provided is general
information and is not in the nature of advice or other form of professional
assistance. Given the nature of the information provided on the Portal, being
provided predominantly by third parties, you acknowledge that NSN cannot and
does not make any representations or warranties that the information provided is
reliable, accurate or complete.
The information, software, products and services published on the Portal may
include inaccuracies or typographical errors and changes may be periodically
added or made to the information contained on the Portal. The Portal may be
amended or improved at any time.
NSN is not liable for any loss resulting from any action taken or reliance made by
you on any information or material posted available on the Portal. You should
make your own inquiries and seek independent advice from a relevant industry
professional before acting or relying upon any information or material which is
made available to you on the Portal. Given the nature of the internet and of the
information provided on the Portal, you acknowledge and agree that NSN does
not warrant that your access to the Portal or to the information provided on it will
be uninterrupted, timely or secure.
6. SERVICE AVAILABILITY
You acknowledge and agree that NSN does not provide any warranty or
guarantee that the information or services available through the Portal will be
uninterrupted or defect or error free, nor that any such defects or errors will be
remedied. You also acknowledge and agree that NSN does not and can not
warrant that any files downloaded from the Portal or delivered via email or SMS
are free of viruses, worms or other malicious code and that you are responsible
for implementing appropriate virus-scanning or other screening processes to in
relation to such material.
7. INTELLECTUAL PROPERTY
All intellectual property (including copyright) incorporated in the Portal (including,
without limitation, text, graphics, logos, icons, sound recordings and/or software)
is owned or licensed by NSN. Information provided by third parties appearing on
this site may be the subject of intellectual property rights owned by such third
parties. Other than as expressly permitted by these terms and conditions, the
Registered User Terms and Conditions or law, you must not in any form or by any
means:
-
modify, copy, adapt, reproduce, post, store, distribute, print, display,
perform, publish or create derivative works from any part of the Portal;
-
decompile, reverse engineer, disassemble or otherwise derive the source
code or database structures of the Portal;
-
use any automated processes of any sort to query, data-mine, screenscrap,
access or copy information or content presented on the Portal nor
use any other similar data extraction and/or gathering tools; or
-
commercialise any information, products or services obtained from any part
of the Portal,
without the express written permission of NSN or, in the case of third party
material, from the owner of the intellectual property rights in such material.
You hereby grant NSN an irrevocable, royalty free, transferable license to use,
modify, copy, adapt, reproduce, distribute or otherwise use the benefit of any and
all intellectual property rights comprised in any material submitted through the
Portal for the purpose of running, managing, promoting, reproducing or otherwise
in connection with the Portal.
8. LINKS TO OTHER WEBSITES
The Portal may contain links to other websites ("linked websites"). Such links are
provided for convenience only and no warranty is made in respect of their
currency, accuracy, appropriateness or legality. As linked websites are outside
the control of NSN, NSN is not responsible for the content, practices or actions
associated with linked websites. The appearance of such a link on the Portal is
for convenience only and should not be construed as an endorsement, approval
or recommendation by NSN of the owners or operators of those linked websites,
or of any information, graphics, materials, products or services referred to or
contained on such places. You acknowledge and agree that NSN does not
warrant, nor is it responsible for the material contained on linked websites,
including, without limitation, the extent to which they may comply with any
applicable intellectual property or other laws. You acknowledge and agree that
NSN will not be liable for any loss or damage resulting out of or in connection
with any information or third party services provided by, through or as a result of
accessing a linked website.
9. USE OF INTERACTIVE FORUMS
-
If the Portal contains bulletin boards, chat rooms, or other message or
communication facilities (collectively, "Forums"), you agree to use the
Forums only to send and receive messages and material that are proper
and related to the particular Forum. By way of example, and not as a
limitation, you agree that when using a Forum, you shall not do any of the
following:
-
defame, abuse, harass, stalk, threaten or otherwise violate the
legal rights (such as rights of privacy and publicity) of others;
-
publish, post, distribute or disseminate any defamatory, infringing,
obscene, indecent or unlawful material or information;
-
upload files that contain software or other material protected by
intellectual property laws (or by rights of privacy of publicity)
unless you own or control the rights thereto or have received all
necessary consents;
-
upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of
another's computer;
-
delete any author attributions, legal notices or proprietary
designations or labels in any file that is uploaded;
-
falsify the origin or source of software or other material contained
in a file that is uploaded;
-
advertise or offer to sell any goods or services, or conduct or
forward surveys, contests, or chain letters; or
-
download any file posted by another user of a Forum that you
know, or reasonably should know, cannot be legally distributed in
such manner.
-
You acknowledge that all Forums are public and not private
communications. Further, you acknowledge that chats, postings,
conferences, and other communications by other users are not endorsed
by NSN, and such communications shall not be considered reviewed,
screened, or approved by NSN. NSN reserves the right for any reason to
remove without notice, any contents of the Forums received from users,
including without limitation bulletin board postings. NSN reserves the right
to deny in its sole discretion any user access to the Portal or its websites
or any portion thereof without notice.
10. PROHIBITIONS
You must not submit for publication on the Portal or elsewhere, any
advertisement, notice or material that:
-
does not comply with all relevant laws, common law or regulations,
including the Human Rights and Equal Opportunity Commission Act 1986
(Cth), all other applicable equal opportunity or anti-discrimination
legislation of the states or territories, relevant industry regulations,
standards of practice or codes of conduct;
-
infringes the intellectual property rights of any person;
-
is obscene, offensive, defamatory or in any way unsuitable for people
under the age of eighteen (18) years;
-
comprises anything that may be used for any purpose or activity of an
illegal, fraudulent or defamatory nature;
-
is misleading or deceptive or likely to mislead or deceive; or
-
which comprises anything which may adversely reflect on NSN.
11. INDEMNITY
You hereby release and indemnify NSN, its employees and agents against all
actions, claims and demands (including the cost of defending or settling any
actions, claims and demands) which may be instituted against NSN arising out of:
-
your breach of these terms and conditions;
-
any wilful, unlawful or negligent act in which you engage;
-
the publication or distribution by NSN or any other person of any material
supplied by you through the Portal.
12. IMPROVEMENTS
NSN welcomes ideas and feedback from you about all aspects of the Portal. You
agree that NSN may reproduce, distribute, transmit, create derivative works of,
and publicly display any materials and other information (including ideas for new
or improved products and services) that you submit to any public areas of the
Portal (such as Forums) or by email to NSN.
13. SPECIFIC TERMS – EMPLOYERS
13.1 Application
The terms and conditions contained in this clause 13 shall apply to users who at
any time utilise the staff-seeking or employer functions of the Portal, in addition
to all other terms and conditions.
13.2 Specific Warnings
In addition to all other warnings, exclusions and other provisions of these terms
and conditions, all users acknowledge and agree that:
-
in particular, all requests for staff placed through the portal must not be
discriminatory, or in any other way unlawful;
-
NSN does not warrant that any staff suitable or appropriate for the
position to be filled by the user will be available through the Portal;
-
simply by their appearance on the portal, NSN does not recommend,
endorse or verify the suitability of any users seeking work for your
particular circumstances;
-
all information in relation to available staff on the Portal is provided by
users themselves and NSN has no ability or means through which to verify
the information provided and provides no warranty or guarantee in relation
to such information (for example, that a particular person possesses the
relevant qualification, skills or abilities for the position sought to be filled);
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even if confirmed through the Portal, NSN does not guarantee that staff
will attend at the time or place designated by the employer;
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even if staff attend at the time or place designated by the employer, that
they will continue to do so for the designated period,
and you agree to release, indemnify, discharge and forever hold NSN harmless
from any action or other claim or demand that may be made in respect of any of
these circumstances.
14. SPECIFIC TERMS – WORK SEEKERS
14.1 Application
The terms and conditions contained in this clause 14 shall apply to users who at
any time utilise the work-seeking or employee functions of the Portal, in addition
to all other terms and conditions.
14.2 Specific Warnings
In addition to all other warnings, exclusions and other provisions of these terms
and conditions, all users acknowledge and agree that:
-
NSN does not guarantee that potential employers using the Portal will, at
any particular time, have or make any offers of available work which is
suitable or desirable for you or at all;
-
NSN gives no guarantee to you of the continued availability of any
particular work offered, advertised or sent to you and will not be liable to
you should an employer user fill the work offered at any time;
-
as all information is provided by third parties, NSN gives no guarantee to
you that work offered, advertised or sent to you represents an actual work
vacancy or is in any other way truthful, accurate or appropriate;
-
simply by their appearance on the portal, NSN does not recommend,
endorse or verify the suitability of any employers for your particular
circumstances;
-
all information in relation to available work on the Portal is provided by
employers themselves and NSN has no ability or means through which to
verify the information provided and provides no warranty or guarantee in
relation to such information;
-
even if confirmed through the Portal, NSN does not guarantee that
employers will comply with the terms of the confirmation;
-
NSN does not guarantee the availability (or any continuing availability
once initially engaged by an employer) of any work offered by an employer
for the confirmed, or any other, extended period;
and you agree to release, indemnify, discharge and forever hold NSN harmless
from any action or other claim or demand that may be made in respect of any of
these circumstances.
15. OTHER WARNINGS
NSN provides the Portal and its related services as an introductory service only.
No relationship other those that specifically contemplated by these terms and
conditions are formed between NSN and the user, for example, that of employer
and employee, principal and contractor or any other such legal relationship. All
users acknowledge and agree that they (being both employers and staff) are
responsible for compliance with all industrial relations, taxation, workplace health
and safety and all other applicable laws or codes.
You must ensure that your access to this web site is not illegal or prohibited by
laws which apply to you.
NSN does not warrant the accuracy, adequacy or completeness of any
information available through the Portal, nor does it undertake to keep the Portal
updated. NSN is not responsible for loss suffered as a result of reliance by you
upon the accuracy or currency of information contained on the Portal.
The Portal may include advertisements place or paid for by third parties. The
placement of such advertisements does not constitute a recommendation or
endorsement by NSN of the advertisers' products and users acknowledge and
agreement that the advertiser itself is solely responsible for any representations
made in connection with the advertisement and release NSN is this regard.
16. PRIVACY POLICY
In dealing with any personal information obtained by NSN through your use of
the Portal, NSN undertakes to comply with the terms of our privacy policy,
which is located here.
17. SECURITY OF INFORMATION
Given the nature of the internet, no data transmission between you and the
Portal can be guaranteed as totally secure. While NSN strives to protect all
confidential information, it does not warrant and cannot ensure the security of
any information which you transmit to or through the Portal. Accordingly, any
information which you transmit is transmitted at your own risk. Nevertheless,
once transmissions are received, NSN will take reasonable steps to preserve the
security of confidential information.
18. TERMINATION OF ACCESS
NSN may terminate or suspend access to the Portal or to your account at any
time without notice or reason. Notwithstanding such a termination occurring, the
provisions of these terms and conditions capable of continuing in operation shall
do so to their full force and effect.
19. AMENDMENT
NSN may amend the terms and conditions at any time without notice. Any new
terms and conditions will be posted on the Portal and shall be effective
immediately upon NSN doing so.
20. DISCLAIMER
You acknowledge and agree that NSN is not responsible for any loss or damage,
howsoever caused (including through negligence), that you may directly or
indirectly suffer in connection with your use of the Portal or any linked website.
You also acknowledge and agree that NSN is not responsible for any such loss
arising out of your use of or in reliance on the information contained on or
accessed through the Portal.
To the maximum 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 that cannot be excluded or modified,
that condition or warranty is hereby included in these terms and conditions,
however, to the maximum extent permitted by law, NSN's liability will be limited,
for a breach of such a condition or warranty to one or more (at NSN's absolute
discretion) of the following:
-
if the breach relates to goods:
-
the replacement of the goods or the supply of equivalent goods;
-
the repair of such goods;
-
the payment of the cost of replacing the goods or of acquiring
equivalent goods; or
-
the payment of the cost of having the goods repaired; and
-
if the breach relates to services:
-
the supplying of the services again; or
-
the payment of the cost of having the services supplied again.
21. GOVERNING LAW
These terms and conditions and your use of the Portal shall be governed by the
laws in force in Queensland, Australia. Both you and NSN hereby submit to the
jurisdiction of the courts of Queensland in relation to any and all disputes arising
out of or in connection with these terms and conditions or the use of the Portal.
22. GENERAL
If NSN waives any rights available to it under these terms and conditions on one
occasion, this does not mean that those rights will automatically be waived on
any other occasion.
If any part of these terms and conditions are held to be invalid, unenforceable or
illegal for any reason, the remaining terms and conditions shall nevertheless
continue in full force.
You agree that no joint venture, partnership, employment, or agency relationship
exists between you and NSN as a result of these terms and conditions or use of
the Portal.
Any rights not expressly granted herein are reserved.
In addition to these general terms and conditions, NSN reserves the right to
refuse acceptance of any registration, advertisement, submission or other
material it considers inappropriate for whatever reason.
23. DEFINITIONS
In the interpretation of these terms and conditions, unless the context or subject
matter otherwise requires:
"NSN" means Need Staff Now Pty Ltd (ACN 122 611 296) and
its successors, administrators and assigns;
"Portal" means the Ployme website and employment portal,
owner and operated by NSN;
"terms and conditions" means primarily these Ployme Registered
Users Terms and Conditions and where the context permits, also the Ployme General Website
Terms and Conditions, the Ployme website Privacy Policy and any other applicable
provisions governing the use of the Portal as they may be amended from time to
time;
"you" means you, the user of the Portal; and
"website" means the Ployme website, owned and operated by NSN, located at
http://www.ployme.com.au.
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