About these Terms and your contract with us
- These terms and conditions (Terms) apply to the use of this website (Clip-Board) and Services.
- You agree that by clicking “Agree”, “Join”, “Sign up” or similar words, registering as a Member, accessing or using Clip-Board or any Services you are entering into a binding contract with us and you represent to us that you are at least 15 years old.
- This applies even if you are accessing or using the Services on behalf of a company, partnership or other entity or organisation.
- If you do not accept these Terms, you must stop using or accessing our Services.
- In these Terms, the words and phrases below have the meanings set out next to them (unless the contrary intention is expressed clearly):
- IP Rights means copyright, know-how, trade marks (whether registered or not), patents, patent applications, designs, eligible circuit layouts and all other intellectual property as defined in Article 2 of the Convention establishing the World Intellectual Property Organisation of July 1967 and any rights in or to any inventions;
- Member means a person who signs up to, or joins, Clip-Board through the registration process on our website;
- Services means the Clip-Board website and any services provided through Clip-Board, including posting content, advertising jobs and hiring Members;
- We, us and our refers to Clip-Board Australia Pty Ltd (ABN 12 603 794 976);
- You refers to a Member or any other person who visits Clip-Board, as applicable.
- Your account belongs to you, subject to our rights in these Terms.
- You are responsible for anything done through your account unless you let us know about misuse beforehand.
Using your account and our Services
- (What you must do): You agree to:
- comply with all laws that apply to you, to your use of our Services and to your dealings with us and other users, including laws relating to competition and consumer law, privacy, employment and industrial relations and discrimination;
- comply with any guidelines or separate terms (for example, in relation to job posts) issued by us at any time;
- use the recruitment part of our Services only for posting and applying for genuine job opportunities;
- use a strong password and keep your password secure and confidential;
- use your real name on your profile;
- have one personal Clip-Board account (but you can have multiple business accounts);
- provide accurate information to us and keep your information updated so that we can provide our Services to you properly;
- use our Services in a lawful and courteous manner.
- (What you are prohibited from doing): You agree not to:
- act dishonestly, including by posting inaccurate content;
- act in a rude, obscene or unprofessional manner, including by posting inappropriate content;
- create a fake profile;
- sell or transfer your profile, account or any part of your account (such as connections and recommendations);
- misrepresent your experience, qualifications or affiliations;
- misrepresent your business or posted jobs;
- use or access (or try to) another person’s account or profile;
- harass or abuse another user of Clip-Board, including businesses;
- scrape or copy profiles or information of any other user of Clip-Board;
- engage in unlawful, defamatory, obscene or discriminatory conduct, or make statements or post content of that kind;
- except where you have the right to do so, disclose trade secrets, know how or confidential information of any person;
- infringe any other person’s IP Rights or use another person’s IP Rights (except where you are permitted to do so);
- infringe our IP Rights or use our IP Rights (except where we allow you to do so in writing);
- post spam, unsolicited commercial messages or promote schemes;
- introduce (or try to introduce) virus or harmful code to Clip-Board or through Clip-Board;
- use Clip-Board for purposes unrelated to the hospitality industry unless permitted by us in writing;
- share, copy or use the information of others that they have made available on Clip-Board, including personal information, except where permitted as a feature of Clip-Board or where permitted by that person;
- reverse engineer, decompile, disassemble or in any way try to obtain any code for or relating to the Services;
- use software applications or other automated methods to access or use our Services or use, download, mine or redirect content on our Services;
- interfere with or disrupt our Services (such as by using viruses or denial of service attacks), or try to.
Fees that you may be charged
- If you post a recruitment advertisement on Clip-Board, we will charge you a fee as set out on our website, plus applicable taxes which must be paid by you. Your advertisement will not be displayed on our Services if you do not pay the fee or if the fee is not received by us for any reason.
- Fees paid by you are not refundable, except where we are required by law or these Terms to refund you.
- We may charge fees for other Services or change any fees. We will notify you of fee changes by posting the change on the Clip-Board website.
Creating and sharing information on Clip-Board
- Our Services allow you to share information in various ways. For example, information is shared when you register as a Member, through your profile, when you post a status or blog, when you submit a job advertisement or when you apply for a job.
- Information that you share or post can be seen by other Members. However, where settings related to the sharing or privacy of information is available on any Service, we will use our best endeavours to ensure that your information is treated in accordance with your settings.
- We are not required to publish any information on our Service that you submit.
- We can remove any information on any of our Services, whether or not created, posted or shared by you, in our sole discretion and with or without notice.
Our rights in relation to your content and information
- As between you and us, you own the information that you submit or post on our Services.
- You grant us a worldwide, transferable, sub-licensable, licence fee free and royalty free licence to use, copy, modify, distribute, publish, and process, information provided or created by you on or through our Services.
- You can end the license granted to us by deleting content on information or by closing your account. However, you acknowledge that our backup systems may store your information for a period of time and that information that you have shared on the Service and copied, stored or shared by other users may remain on the Services.
- We will get your permission before we give others the right to publish your posts outside of the Services. However, you acknowledge that we are not responsible for how others use information shared by you on the Services.
- If you provide us with a suggestion or feedback, you agree that we may use or share that suggestion or feedback with anyone for any purpose and that you are not entitled to any benefit, payment or compensation.
Security and storage of information
- No data transmission over the Internet can be guaranteed as totally secure. We do not warrant, and cannot ensure, the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk.
- You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to, or alteration of, your transmissions or data or of information contained on your computer system or our Services. You agree that responsible or liable for any loss or damage which you may sustain as a result of such activity.
- We do not provide storage or backup services. We have no obligation to store, backup, maintain or provide you a copy of any information created, submitted, shared or posted by you, except where required by law.
Availability of our Services
- While we will try our best to minimise them, there may be occasional interruptions to our Services.
- We do not warrant that your access to our Services will be uninterrupted or error-free.
- We may change, interrupt or stop providing any or all of our Services. We have the sole and absolute discretion to do any of those things at any time or for any reason. We may give you prior notice, but are not required do.
Other’s content, information and links
- We do not review all content or information submitted, posted or shared by Members. You agree that we are not responsible for any person’s or Member’s content or information or for any liability or damages connected with your use of, or reliance on, that content or information.
- Any links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless, and to the extent, stipulated by us to the contrary.
- Without limiting any other term in these Terms, we are not responsible to you for any loss or damage (including indirect, incidental, special and consequential damages, loss of profits or lose of use of funds), however caused (including through negligence), which you may directly or indirectly suffer in connection with:
- your use of any Service or any linked website;
- your access to any Service or your inability to access any Service;
- your failure to find or be hired for jobs;
- your failure to find or hire employees or contractors for jobs;
- changes, interruption or cessation of any or all of our Services;
- anything related or connected with any recruitment of Members or employment or engagement by Members;
- your use of, or reliance on, information provided by any Member;
- your use of, or reliance on, information contained on, or accessed through, any Service; or
- any interference or damage to your own computer system which arises in connection with you accessing or using any Service or any linked website.
- We make no representation, and give no warranties, in relation to the suitability, experience, qualifications, skills or behaviour of any Member who uses our Services. Members are responsible for their dealings with one another.
- TheCompetition and Consumer Act 2010 (Cth) and similar state and territory legislation in Australia may give you rights and remedies in relation to our provision goods or services on or through Clip-Board which cannot be excluded, restricted or modified by us (Consumer Rights).
- We do not exclude any Consumer Rights, but we do exclude all other conditions and warranties implied by custom, law or statute.
Except when a Consumer Right applies:
all content and Services are provided “as is” and without warranties of any kind, either express or implied;
we expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose;
we do not warrant or make any representation regarding the results or outcomes of your access to, or use of, any Service.
- In respect of any claim between us and you under, or in connection with, these Terms or a Service, we both agree that, to the maximum extent permitted by law, the operations of Part IVAA (Proportionate Liability) of the Wrongs Act 1958 (Vic) and of any laws having a similar effect in the Commonwealth of Australia, the other States and Territories of Australia or any other jurisdiction are excluded and have no application or effect to the extent that any of them would apportion liability to us which would not have been so apportioned but for such laws.
- Nothing these Terms excludes, restricts or modifies any condition, warranty, right or liability implied in these Terms or protected by law to the extent that such exclusion, restriction or modification would be unlawful or render these Terms or any part of these Terms void, illegal or unenforceable.
- Subject to your Consumer Rights and clause 11.5:
- any term, condition, warranty, right or liability which would otherwise be implied in these Terms or protected by law is excluded;
- to the fullest extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded is limited at our election to:
in the case of services supplied or offered by us or through Clip-Board – the supply of the services again, or the payment of the cost of having services supplied again;
in the case of goods supplied or offered by us or through Clip-Board – the replacement of the goods or the supply of equivalent goods, or the payment of the cost of replacing the goods or acquiring equivalent goods.
- are solely responsible (and agree that we are not responsibility to you or to any third party) for; and
- release and indemnify us (and our employees and agents) against,
- all actions, claims or demands against us, and any losses suffered, or costs or expenses incurred by us (including the legal costs and expenses of negotiating, defending or settling any action, claim or demand on a solicitor-client basis) arising from or connected with:
- a breach by you of these Terms;
- your negligent or wilful misconduct;
- your statements, acts or omissions in relation to other Members, including in relation to hiring and application decisions.
Rights and intellectual property
- By accessing and using any Service, you do not transfer any proprietary or IP Rights to us except as stated in clause 7.
- You must obtain on behalf of yourself (and on behalf of us) all licences and permissions in writing in respect of any copyright material included in your content or information so that it can be uploaded, downloaded, shared and displayed on Clip-Board.
- We or our licensors own:
- all content on Clip-Board and in relation to the Services;
- the look and feel, design and layout of the Services;
- all IP Rights in the above items.
- By using our Services, you do not get any interest in the items listed in clause 13.2.
- We will comply with the terms of our privacy statement, which is incorporated by reference into these Terms.
Termination of access to Services
- Access to any Service may be suspended terminated at any time by us without notice.
- We have the sole discretion to suspend or terminate the rights granted to you under these Terms or remove any post, content, blog, advertisement or information posted or shared by you if we suspect (in our sole discretion) that you are not complying with these Terms.
- Termination of these Terms or a Service, or access to a Service, does not affect any accrued rights or remedies of a party. However, we are not liable to you for any liability, cost, expense, loss or damage connected with any suspension or termination.
- The following clauses and rights survive termination of these Terms or closure of your account:
- clause 1 (About these Terms and your contract with us);
- clause 1 (About these Terms and your contract with us);
- clause 2 (Dictionary);
- clause 3.2;
- clause 4 (Using your account and our Services);
- clause 6 (Creating and sharing information on Clip-Board);
- clause 7 (Our rights in relation to your content and information);
- clause 8 (Security and storage of information);
- clause 9 (Availability of our Services);
- clause 10 (Other’s content, information and links);
- clause 11 (Disclaimers);
- clause 12 (Indemnifying us);
- clause 13 (Rights and intellectual property);
- clause 15.3
- this clause 15.4;
- clause 16 (How are notices given?);
- clause 18 (Governing law and submission to jurisdiction);
- clause 19 (Important miscellaneous terms);
- clause 20 (Interpreting these Terms);
- any indemnity given by you in these Terms; and
- our rights to use and share your suggestions and feedback.
How are notices given?
- Any notice given for the purposes of these Terms must given in writing and either emailed to a party to the email address nominated by that party, or posted or delivered to the address nominated by that party. Your nominated email address or physical address is the address provided and updated by you from time to time on Clip-Board.
- A notice given in accordance with clause 16.1 is taken to be received:
- if delivered, at the time of delivery;
- if posted, 3 business days after posting
- if sent by email, when the sender receives a delivery confirmation report recording the time at which the email was delivered to the addressee’s last notified email address, unless the sender receives a delivery failure notification, indicating that the email has not been delivered to the addressee.
How are these Terms amended?
- We have the right to amend these Terms from time to time.
- Amendments will be effective immediately upon notification on Clip-Board. Your continued use of our Services following such notification will represent an agreement by you to be bound by the amended terms and conditions.
Governing law and submission to jurisdiction
- These Terms are governed by the laws in force in Victoria (Australia).
- You irrevocably agree to submit to the exclusive jurisdiction of the courts of Victoria (Australia) and irrevocably waive to raise arguments in relation to jurisdiction, including forum non conveniens.
Important miscellaneous terms
- We are not liable for any failure to comply with these Terms where that failure is due to circumstances beyond our reasonable control.
- Where anything depends on our consent or approval then, unless these Terms say otherwise, that consent or approval may be given conditionally or unconditionally, or withheld, in our absolute discretion.
- You must not assign any of your rights under these Terms without our prior written consent. We may at our discretion assign any of our rights under these Terms.
- We do not waive a right, power or remedy ( Right) if we fails to exercise or delay in exercising the Right. A single or partial exercise of a Right does not prevent another or further exercise of that or another Right. A waiver of a Right must be in writing and signed by us. A waiver of a breach does not operate as a waiver of any other breach.
- Any provision in these Terms which is invalid or unenforceable in any jurisdiction:
- to the minimum extent necessary, is to be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable;
- to the minimum extent necessary, is to be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable;
- is capable of being severed to the extent of the invalidity or unenforceability, without affecting:
- the remaining provisions of these Terms; or
- the validity or enforceability of that provision in any other jurisdiction.
- Both of us must do, sign, execute and deliver all deeds, documents, instruments and acts reasonably required of either or both of us to effectively carry out and give full effect to these Terms and the rights and obligations of either or both of us under it.
Interpreting these Terms
In the interpretation of these Terms, unless the contrary intention is clearly expressed:
- where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning;
- the term includes (or any similar term) means "includes without limitation";
- no rule of construction shall apply to our disadvantage on the basis that we:
- prepared these Terms or any part of them; and
- seek to rely on these Terms or any part of them;
- payment or fees is a reference to payment or fees in Australian dollars;
- a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re?enactments or replacements of any of them;
- a person includes a natural person, partnership, body corporate, joint venture, association, governmental authority, trust, state or government.