| Nature of the Site |
|
|
| Kitchenstaff.com.au is a business networking Site that allows Advertisers to network and communicate with other users or members for the purpose of making contacts in order to secure employment, and for this purpose, it permits the uploading and creation of professional resumes. The same facility also allows employers and recruiters to post job advertisements and contact potential employees. |
|
|
|
|
|
| Acceptance of terms and Conditions |
|
|
| Advertisers who use the Site provided by Kitchenstaff.com.au agree to be bound strictly by the Terms and Conditions set out below. It is important that all users of the Site should read these Terms and Conditions, understand them fully, and agree to the Terms of Use before they register, submit resume, job ads or any other advertisements. |
|
|
|
|
|
| Definition of Advertisers |
|
|
The term Advertisers refers throughout these Terms and Conditions to
- Jobseekers
- Employers and recruiters
- Anyone who uses the Site to advance his or her work career or business
|
|
|
|
|
|
| Kitchenstaff.com.au service is intended to be used by the above for the purpose of sourcing and contacting potential employees who are seeking to establish their career networks and recruiters and employers who are looking for employees to advance their business. |
|
|
|
|
|
| Variations in Terms and Conditions |
|
|
| Kitchenstaff.com.au reserves the right to refuse its service to any of the above Advertisers at its discretion, or to edit the content of advertisements that, in its judgment, breaches this agreement, or for the purpose of improving the content. Moreover, the Terms of Use can be changed from time to time. If any part of this agreement is regarded as invalid that part shall be removed from this agreement and the remainder of this agreement will continue to be considered valid and will be enforceable.
Advertisers will be given adequate notice of any changes that will affect them in terms of charge or obligations. It is the responsibility of users to keep up-to-date with any changes in these Terms of Use. |
|
|
|
|
|
| Personal Information & Privacy Statement |
|
|
| This site displays jobseeker’s uploaded and created resumes, and employer’s job advertisement.
Jobseekers and all other users can apply for jobs after registering.
Personal details (name, phone number and email) on the jobseeker’s created resume will not be available to the employers till after the payment is made. |
|
|
| Unethical and Prohibitive Conduct |
|
|
Unethical or prohibited conduct can result in suspension of your account. Advertisers will be given no notice if action is taken to suspend their account. If your account is suspended, you will not be liable for any loss or damage suffered by you or any other party, except to the extent permitted by law. Prohibited or unethical conduct includes the following, but is not limited to these:
- using the Site for unlawful purposes such as posting threatening, libelous, defamatory, profane, obscene, scandalous or inflammatory or “spam” material,
- deceiving or misleading users through misinformation, omission, or falsifying your true identity,
- burdening the Site’s infrastructure by putting unreasonably large loads on the Site, or disrupting or interfering with the delivery of the Site’s service or the services of other Advertisers,
- reverse engineering any of the software or the Site’s HTML code or Java Script, or Php code, or any action taken to disassemble or decompile any part of the Site,
- transferring content of the Site to another party that contravenes trading laws or intellectual property rights, or breaches patent, trademark or copyright laws and using, downloading, selling, redistributing the information, such as resumes or details about other Advertisers for purpose beyond that which is clearly permitted by the users of the Site,
- disseminating username or password to unauthorized individuals,
- introducing malicious code or programs, virus, worms, Trojan horse that could damage computers or equipment provided by the Site.
- We reserve the right to suspend the accounts of candidates if serious complaint and misconduct are reported
|
|
|
|
|
|
| Terms of Use |
|
|
| Advisers should note that those terms, conditions, and warranties within the law that cannot be excluded, restricted or modified application to the following Terms of Use. All other terms, conditions and warranties not expressed in these Terms of Use, and which might be implied into these Terms of Use, are excluded. |
|
|
|
|
|
- Advertisers must, as a condition of using any services and products supplied by kitchenstaff.com.au, comply with the Human Rights and Equal Opportunity Commission Act 1986 (C’th) and all anti-discrimination and equal opportunity legislation applicable in the State or Territory in which they conduct business. If an exemption to the legislation that has been granted, the exemption details must be included in the advertisement submitted to kitchenstaff.com.au.
- By the very nature of the Site, kitchenstaff.com.au must display the information given by Advertisers to the users of the Site. Therefore through this Terms of Use, Advertisers grant kitchenstaff.com.au the right to display the information posted by Advertisers on the Site to other users. This will be done in accordance with any applicable privacy laws.
- kitchenstaff.com.au gives no guarantee about the identity of any users with whom Advertisers may interact in the course of using the Site services or the accuracy of the data submitted for posting on the Site.
- Advertisers are responsible for the security of their username/email and password to log on to the Site and for the consequences of its use by a Third Party.
Contact kitchenstaff.com.au immediately if a Third Party is suspected of using your username/email or password.
- Advertisers warrant that they own the contents posted by them on the Site or have the right over them and that posting the contents on the Site does not violate any privacy laws or rights, or privacy, or any other person or persons.
- kitchenstaff.com.au holds the right to reformat and reconstruct any materials submitted by the Advertisers; however, we cannot be held liable for any errors or omissions in any information that are posted on the Site, or information which passes through the Site during the course of interaction between the users.
- kitchenstaff.com.au reserve the right to withdraw, without notice to the Advertiser, any advertisement that may in its opinion be in breach of any clause of this agreement or of any law or legislation. kitchenstaff.com.au may review job advertisements prior to publication, and it reserves the right, at its discretion, to reject or remove any advertisement from the Site for any reason.
- Advertisers are responsible for putting into effect adequate procedures to check the accuracy of data and output and implementing their own means for retrieving any lost data. File available for downloading through the Site or delivered through electronic mail on the Site cannot and does not carry guarantee or warrant to the Advertisers that they will be free of infection or viruses, worms, Trojan horses or other code that exhibit contaminating or destructive properties.
- All reasonable effort is made by kitchenstaff.com.au to avoid errors in advertisements posted on its site, but it cannot accept any responsibility or liability for any errors. Advertisers are advised to check their advertisements for any errors before or immediately after they are posted on the Site.
- Any disruption or non-access to the Site will be corrected quickly but no warranty is given by kitchenstaff.com.au that the services available on the Site will be uninterrupted.
- Under this agreement, kitchenstaff.com.au will not be liable to any delay or failure to carry out its obligations if such delay or failure is due to circumstances beyond its control.
- All reasonable effort will be made to publish advertisements promptly and without interruption; however, kitchenstaff.com.au is not liable for any loss or damage that might occur as a result of any failure or delay in listing an advertisement.
- Employees, agents, and officers of kitchenstaff.com.au will be indemnified and kept indemnified by the Advertiser:
- Against all actions, liabilities, suits real or contingent costs, damages and expenses incurred by Trueemployment.com.au in connection with an actual or alleged breach by an Advertiser of any law, legislation, regulations, by-laws, ordinances or codes of conduct which occurs as a consequence of the Advertiser’s advertisement appearing on the Site or any breach of this agreement by the Advertiser, the listing or proposed listing of any advertisement by an Advertiser on the Site or any related site; or any negligent act or omission by the Advertiser;
- Advertisers release kitchenstaff.com.au from any liability for any loss or damage suffered by the Advertiser arising from or linked to supply or non-supply of service to the user. The supply or non-supply of services includes, but is not limited to, alleged breach of contract or statutory duty, alleged negligence, or an act of omission. The loss or damage includes ( and not limited to) damage to reputation, loss of goodwill, personal injury or death, and any consequential costs, expenses, loss of profit or saving;
- Furthermore, Advertisers indemnify kitchenstaff.com.au from any claim made against the Site for loss or damage suffered by a third party arising from or linked to our supply of services and products to Advertisers.
- The Advertiser undertakes and warrants that all materials posted by them on the Site do not breach the intellectual property rights of any third party that it has the legal authority to enter into this agreement and to adhere to the obligations under it, oversee that only job advertisements and jobseeker’s profiles are posted, all files are delivered to the Site free of viruses or infections, and the Site will not be used for any illegal purpose whatsoever.
- All information and products provided by kitchenstaff.com.au and accessed by the Advertiser from the Site will be used by them at all times in accordance with existing laws of Australia and any other jurisdiction that includes privacy and copyright laws.
- No one should be asked by Advertisers to pay any money to them in the way of cost, fee or charge whatsoever for any job advertised on the Site and no communication ought to take place on the subject of fee or charge in connection with job advertisements on the Site.
- No unsolicited commercial email will be sent by Advertisers to individuals or groups who use the Site, and the facilities provided, such as resumes and database, on the Site should be used strictly for communication with jobseekers about specific vacancies to which they have responded.
- At all times Advertisers will adhere to principles of truthfulness in placing their advertisement in accordance with the code of practice set out in the RCSA’S Code of Practice. In placing such advertisements, Advertisers must comply with all relevant legislation, laws and bi-laws, ordinances, codes of conduct, Trade Practices Act 1974 (Cth) that requires Companies that advertise must not mislead individuals seeking employment in regard to any matter, such as terms and conditions and availability, relating to the employment opportunity being offered; Fair Trading Acts and Estate Agents Acts must be adhered to of the States and Territories, as well as Privacy Act 1988 (Cth) and that includes National Privacy Principles.
- Advertisers will not use the Site for any illegal purpose or misuse the Site by posting any inappropriate material in the form of texts, images or in any other way such pyramid schemes or any other schemes. At the same time, True Employment.com.au is not able to actively monitor content at all times. Should you encounter objectionable content, we urge Advertisers to contact kitchenstaff.com.au.
- kitchenstaff.com.au is a medium through which individuals seek employment opportunities and recruiters and employers post job advertisements, and the Site is not liable for any loss, costs, damages or loss of profits sustained as a consequence of any Advertiser employing or engaging any person sourced through its Site.
- Advertisers acknowledge that kitchenstaff.com.au retains all intellectual property rights contained in any services provided to Advertisers. The software used in the Site is protected by Australian and world-wide copyright laws, treaty provisions, privacy and publicity laws, communication regulations and statutes. The software is owned and controlled by kitchenstaff.com.au. Advertisers are granted personal, non-transferable and non-exclusive rights to use the software solely for the purpose of using our services, subject to these Terms of Use.
- All information and products on the Site provided by kitchenstaff.com.au will be accessed by Advertisers in a manner that does not breach any regulation or jurisdiction, privacy and copyright laws of Australia.
- Kitchenstaff.com.au reserves the right to change the appearance or any function of its services and products without any need to give notice to Advertisers, in order to make the Site a more effective tool for jobseekers and employers.
- Employers agree that they must only advertise one job role per job advertisement posted on to the kitchenstaff.com.au Site. Where Employers have advertised multiple job roles in the one job advertisement, True Employment.com.au reserves the right to suspend those job ads.
- Advertisers agree that they may not assign or transfer any rights and obligations relevant to this agreement to any other person or entity without kitchenstaff.com.au’s prior written approval.
- Advertisers are not allowed to include links to an external website within the details of a job ad or to link any external websites or externally hosted application withoutkitchenstaff.com.au’s expressed written approval.
- Advertisers will access and use the information stored on the resume database of applicants solely for the purpose of identifying candidates whose occupation and work preferences correspond to the current job advertisements posted on the Site. Advertisers must not use or forward a candidate’s resume to another party without his/her expressed permission
- Any advertising material, promotional material or any other form of publicity relating to kitchenstaff.com.au must not be released by the Advertiser to the general public without kitchenstaff.com.au’s prior written approval.
- Should this agreement come to an end, those provisions which are still enforceable and relevant will continue to be valid in spite of the ending of the agreement.
- This agreement is governed by the laws of the Commonwealth of Australia. Advertisers irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of the Commonwealth of Australia. Advertisers from other locations using the Site are responsible for conforming to local laws and regulations.
- Services available to Advertisers on the Site are free of charge for a limited period. Advertisers will be kept informed of any changes in regard to introduction of fees or variation in the fee structure.
- The above Terms of Use govern the Advertiser’s use of the Site owned by kitchenstaff.com.au and consists of the whole of the agreement between Advertisers and the Site provider.
|
|
|
|
|
|
| Disclaimer |
|
|
Advertisers using the Site agree to the following disclaimer:
- kitchenstaff.com.au disclaims, to the extent allowed by law, all warranties of any nature in regard to the use of the content and services, expressed or implied, of the Site;
- the use of Site and associated software, content downloaded, and services obtained by using the Site are done at the user’s discretion and risk;
- any damage to the Advertisers’ computer system, or loss of data in the course of using the Site and associated software, is solely the responsibility of the user;
- kitchenstaff.com.au makes no warranty that the Site will meet all your requirements or expectations, or that the service will be uninterrupted, secure and free of error;however any errors in the software or information available through the Site will be duly corrected;
- should the Advertiser’s account be terminated owing to prohibited conduct or breach of Terms of Use, any loss suffered by the Advertiser is the user’s responsibility, knowing that such misconduct or breach might cause losses to kitchenstaff.com.au as the owner of the Site;
- no information, whether oral or written, obtained by Advertisers from kitchenstaff.com.au, or accessible from the Site, constitutes any warranty not explicitly stated in these Terms of Use.
|
|
|