Terms & ConditionsGeneral Terms & Conditions PLOYME GENERAL WEBSITE TERMS AND CONDITIONSThese 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 REGISTRATIONIn 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. USEYou 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 INFORMATIONYou 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 LISTYou 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 INFORMATIONAll 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 AVAILABILITYYou 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 PROPERTYAll 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 WEBSITESThe 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
10. PROHIBITIONSYou must not submit for publication on the Portal or elsewhere, any advertisement, notice or material that:
11. INDEMNITYYou 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:
12. IMPROVEMENTSNSN 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 - EMPLOYERS13.1 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:
14. SPECIFIC TERMS - WORK SEEKERS14.1 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:
15. OTHER WARNINGSNSN 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 POLICYIn 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 INFORMATIONGiven 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 ACCESSNSN 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. AMENDMENTNSN 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. DISCLAIMERYou 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:
21. GOVERNING LAWThese 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. GENERALIf 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. DEFINITIONSIn 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 CONDITIONSThese 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 REGISTRATIONIn 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. USEYou 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 INFORMATIONYou 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 PAYMENTYou 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 INFORMATIONAll 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 AVAILABILITYYou 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 PROPERTYAll 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:
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 WEBSITESThe 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
10. PROHIBITIONSYou must not submit for publication on the Portal or elsewhere, any advertisement, notice or material that:
11. INDEMNITYYou 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:
supplied by you through the Portal. 12. IMPROVEMENTSNSN 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 – EMPLOYERS13.1 ApplicationThe 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 WarningsIn addition to all other warnings, exclusions and other provisions of these terms and conditions, all users acknowledge and agree that:
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 SEEKERS14.1 ApplicationThe 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 WarningsIn addition to all other warnings, exclusions and other provisions of these terms and conditions, all users acknowledge and agree that:
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 WARNINGSNSN 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 POLICYIn 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 INFORMATIONGiven 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 ACCESSNSN 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. AMENDMENTNSN 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. DISCLAIMERYou 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:
21. GOVERNING LAWThese 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. GENERALIf 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. PHOTOBy posting this photo I confirm I have full authority for its use and the photo is a true and accurate representation of me. 24. DEFINITIONSIn 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. |