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.
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 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);
- 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. PHOTO
By posting this photo I confirm I have full authority for its use and the photo
is a true and accurate representation of me.
By posting my photo to PLOYME.com.au I grant permission for “NEED STAFF NOW†to
use my likeness in any and all of its publications, including but not limited to
website entries, without payment or any other consideration.
By posting this photo I irrevocably authorise “NEED STAFF NOW†to edit, alter, copy,
exhibit, publish or distribute this photo for purposes of publicising PLOYME.COM.AU
or for any other lawful purpose. In addition, I waive the right to inspect or approve
the finished product, including written or electronic copy, wherein my likeness
appears. Additionally, I waive any right to royalties or other compensation arising
or related to the use of the photograph.
I hereby hold harmless and release and forever discharge “NEED STAFF NOW†from all
claims, demands, and causes of action which I, my heirs, representatives, executors,
administrators, or and other persons acting on my behalf or on behalf of my estate
have or may have by reason of this authorisation.
24. 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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