Terms of Service

 

 

THIS PAGE STATES THE TERMS AND CONDITIONS (THE “TERMS“) WHICH GOVERN YOUR USE OF THIS WEB SITE ON THE INTERNET (THE “SITE“) OF SNIPEY PTY LIMITED (“SNIPEY“) AND THE EMPLOYMENT SEARCH AND ADVERTISING SERVICES (THE “SERVICES“), WHICH ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE AND/OR THE SERVICES OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE AND/OR THE SERVICES ON THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.

 

These Terms include our Privacy Statement, which is incorporated into these Terms by reference. Please read these Terms carefully. By using the Site and/or Services, you agree to be bound by these Terms, including Snipey’s Privacy Statement

 

Snipey may revise and change these Terms at any time without notice. You should visit this page periodically to review the most current Terms and your use of this Site and/or Services shall constitute your consent to such changes and/or revisions.

 

This Site and the Services are intended for use by individuals looking for employment and for employers and recruiters seeking candidates for employment.

 

  1. Use of Content

Snipey authorises you to view and access a single copy of the content available on the non-membership portions of this Site solely for your personal use. The contents of the Site, such as designs, text, graphics, images, video, information, logos, button icons, software, links and any other content (collectively, the “Materials”), are protected under Australian copyright, patent, trademark and other laws. All the Materials are the property of Snipey or its licensors. The aggregation, web development, extraction of information, collection, arrangement and assembly (“Aggregation”) of information from all third party websites, available on this Site, is the exclusive intellectual property of Snipey and is protected by Australian copyright and other laws. Unauthorized use of the Materials and copyright may violate these laws and/or applicable regulations and statutes, and is strictly prohibited. You must preserve all copyright, trademark and other proprietary notices contained in the original Materials on any authorized copy you make of the Materials. Except as expressly stated herein, you acknowledge that you have no right, title or interest in or to the Materials on any legal basis.

 

Subject to these Terms, Snipey grants you a limited license to access and use the non-membership portions of this Site and the Materials and to download or print one copy of the Materials to which you have properly gained access, solely for your own personal, non-commercial use, provided that you preserve all copyright, trademark and other proprietary notices contained in the original Materials. You may not use any of the Materials on any other Web site or in a networked computer environment (including, without limitation, by uploading or publishing the Materials on any Internet, Intranet site or incorporating the Materials in any other database or compilation or Aggregation for any purpose). The use of any data mining, robots, spiders, crawlers or similar data gathering or extraction methods is strictly prohibited. Any use of the Site or the Materials other than as specifically authorised herein, without the prior written consent of Snipey, is strictly prohibited and will terminate the license granted herein. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This limited license terminates automatically, without notice to you, if you breach any of these Terms and Snipey may remove your postings from this Site with or without cause. Upon any termination of this limited license, you agree to immediately destroy any electronic or printed Materials and cease using the Site and/or the Services.

 

  1. Use of Content Restrictions

You are prohibited from taking any action to violate or attempt to violate the security and access of the Site and the Services. Such prohibited conduct includes, without limitation, any efforts to (a) probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorsation, (b) modify, reverse engineer, disassemble, decompile or otherwise attempt or allow others to attempt to discover the underlying computer code for the Site and/or the Services, or (c) overwhelm or disable the Site or the Services or interfere with the access and use of the Site and/or the Services by any other user, including, without limitation, via means of submitting a virus to the Site, overloading, spamming, or crashing. If Snipey becomes aware of any of the foregoing activities, Snipey may investigate and respond. When appropriate, Snipey may work with law enforcement authorities in such investigations and for the purpose of prosecuting offenders. Violations of system or network security may result in civil and/or criminal liability. Your continued use of the Site and the Services is expressly conditioned on your compliance with the preceding prohibitions and with the obligations and restrictions.

 

  1. Use of Services

Without limiting the generality of foregoing, you acknowledge that Snipey expressly prohibits and you agree not to:

 

·              Be involved in any Aggregation the Materials or information available from the Site, including, but not limited to, by using a robot, spider, crawler or any other data mining and/or extraction and/or aggregation program or device to extract, aggregate, retrieve or index any portion of the Site and/or of the Materials.

·              Use the Services and/or the Site to violate any applicable law or regulation, including, without limitation, the infringement of any copyright, trademark, patent or other intellectual property right of others, or violate the privacy or publicity rights of any other person.

·              Frame or link to the Site or any of the content or information available from the Site, unless Snipey expressly consents in writing to such linking and/or framing.

  • Post any Submissions (as defined below) or information that is abusive, defamatory, discriminatory, hateful, sexually-orientated, obscene, vulgar, threatening, or otherwise objectionable.

·              Post any position or business opportunity that contains misleading, false or inaccurate information, or which requires payment from the applicant or requires recruitment of other individuals, sub-distributors or sub-agents such as a multilevel marketing scheme, pyramid scheme, franchise or distributorship arrangement.

·              Take any action that imposes an unreasonable or disproportionately large burden on the Site’s infrastructure.

·              Use the Site, Services and/or Materials for any purpose other than to identify employment opportunities for yourself or to identify prospective employees for users’ employment opportunities.

·              Send unsolicited mail or e-mail, making unsolicited phone calls or sending unsolicited faxes and/or advertise any products or services by directly posting within the Services or by making unsolicited contact with any user via email, telephone, postal mail, or any other method of communication.

·              Intentionally expose the Site and/or Services to any computer virus or any other program or code intended to disrupt or disable to operations of the Site and/or the Services.

 

The abovementioned list of prohibitions is illustrative and is not intended to be complete or exclusive. Snipey reserves the right to terminate any relationship with you under these Terms and prohibit your access to the Site and/or to Services, or to edit or remove any posting by you for any reason, including, without limitation, any action that Snipey, in its sole discretion, determines to be inappropriate or disruptive to the Site, Services or to any user.

 

Snipey does not assumes, any obligation to monitor or remove any posting or other information or communication submitted by you or any other user. YOU HEREBY ACKNOWLEDGE AND ACCAPT THAT SNIPEY WILL NOT BE HELD RESPONSIBLE FOR OR LIABLE FOR THE CONTENT IN ALL POSTINGS SUBMITTED BY YOU OR ANY OTHER USER. Your access to the Site and Services is undertaken at your own risk and Snipey is not responsible for any offensive or otherwise objectionable materials that may be posted by any third party.

 

  1. Submissions

You acknowledge that you are responsible for the information and material that you submit to the Site (each a “Submission”), and that you – but not Snipey – will have full responsibility for any Submission, including its appropriateness, legality, reliability, originality and copyright. Unless otherwise explicitly stated herein or in the Privacy Statement, you agree that any Submission provided by you in respect with this Site is provided on a non-proprietary and non-confidential basis. Subject to our compliance with our Privacy Statement, you agree that Snipey shall be free to use or disseminate a Submission on an unrestricted basis for any purpose. If you submit information to the Site, you grant Snipey a worldwide, nonexclusive, royalty-free license (in any media now known or not currently known or invented) to link, utilize, use, exploit, copy, and prepare derivative works of the Submission. No information you submit shall be deemed confidential. You retain ownership of copyrights or other intellectual property applicable to information you submit to Snipey. Notwithstanding the abovementioned, you hereby assign to Snipey all right, title and interest in and to any new feature that you may suggest or submit to Snipey and you acknowledge and agree that Snipey may use such suggestion or submission in any manner, including, but not limited to, developing features for the Site.

 

  1. Third Party Content

Third parties may provide certain information and content to Snipey (“Third Party Content”). The Third Party Content is, in each case, the copyrighted work of the creator/licensor, and may be subject to terms of use of such third parties. You should contact the relevant third party for further information regarding such terms. SNIPEY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO CONTENT PROVIDED BY THIRD PARTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

 

  1. Links to Third Party Sites

The Site contains links to other Web sites or web sources or resources over which Snipey does not have control (“External Web Sites”). Such links do not constitute an endorsement by Snipey of those External Web Sites. You acknowledge that Snipey is providing these links to you only as a convenience, and further agree that Snipey is not responsible for the content of linked External Web Sites and does not make any representations regarding the content or accuracy of materials on such External Web Sites. If you decide to access linked External Web Sites, you do so at your own risk.

 

  1. Privacy Statement

Your use of the Site is governed by the Snipey Privacy Statement that is available at www.snipey.com.au (the “Privacy Statement”).

 

  1. Trademarks

The trademarks, brands, names, logos and designs (“Trademarks”) of Snipey or others used on this Site are the property of Snipey or their respective owners. You may not remove or alter any Trademarks. You may not use any Trademarks displayed on the Site or in the Services without the prior written consent of Snipey or the respective owner, and nothing contained on this Site grants by implication, waiver, estoppel or otherwise, any right to use such Trademarks.

 

  1. Copyright

All of the Materials appearing on this Site and in the Services, including but not limited to, Aggregation of information from External Web Sites, text elements, site design, images and icons, as well as the, selection, assembly and arrangement thereof, are the sole property of Snipey or its affiliates, Copyright © 2009-2010, unless otherwise specified. Except as otherwise required by applicable law, any Aggregation, reproduction, modification, distribution, retransmission or publication of any copyrighted material is strictly prohibited without the prior express written consent of the copyright owner.

 

  1. Indemnification

You agree to defend, indemnify and hold harmless Snipey, its affiliates and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (a) any content or other material you provide to the Site, (b) your use of Site and/or Services and/or Materials or (c) your breach of the any of these Terms. Snipey shall provide notice to you of any such demand, claim, suit, or proceeding.

 

  1. Disclaimer of Warranty

SNIPEY DOES NOT WARRANT THAT THE SITE AND/OR SERVICES AND/OR MATERIALS WILL OPERATE ERROR-FREE OR ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU ACKNOWLEDGE AND AGREE THAT THIS SITE AND/OR SERVICES AND/OR MATERIALS ARE BEING PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND MAY INCLUDE ERRORS, OMISSIONS, OUTDATED INFORMATION WHICH MAY AFFECT THE QUALITY OR QUANTITY OF THE MATERIALS. YOU ACKNOWLEDGE THAT THE MATERIALS HAVE NOT BEEN INDEPENDENTLY VERIFIED OR AUTHENTICATED IN WHOLE OR IN PART BY SNIPEY, AND AGREE THAT SNIPEY DOES NOT WARRANT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIALS, SOFTWARE, TEXT, GRAPHICS, AND LINKS AND FURTHER AGREE THAT SNIPEY HAS NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE MATERIALS, WHETHER PROVIDED BY SNIPEY OR ITS LICENSORS OR BY EXTERNAL WEB SITES.

 

  1. Disclaimer of Consequential Damages

NEITHER SNIPEY NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES, THIRD PARTY PROVIDERS OR CONTENT PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FORM OF DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE SITE AND/OR SERVICES, INCLUDING BUT NOT LIMITED TO, THE RESULTS OF YOUR USE OF THE SITE AND/OR SERVICES, OR ANY EXTERNAL WEB SITES LINKED TO THIS SITE, OR THE MATERIALS ON THE SITE, HOWEVER ARISING, WHETHER BASED ON WARRANTY, BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SNIPEY WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

 

  1. Limitation of Liability

SNIPEY’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE, SERVICES OR YOUR USE OF THE MATERIALS, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $110.

 

  1. General

Snipey operates this Site from its headquarters in Australia and makes no representation that the Services or the Materials are appropriate or will be available for use in locations other than Australia. If you use this Site or the Services from outside Australia, you do so at your own risk and are entirely responsible for compliance with the laws of your jurisdiction, including but not limited to the export and import regulations of other countries in relation to the Materials.

 

These Terms are governed by the internal substantive laws of the state of New South Wales, Australia, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the courts of New South Wales, Australia. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

 

Snipey respects the intellectual property of others. In the event that you believe that your work has been copied on this Site in a way that constitutes copyright infringement, you may notify us at the email copyright@snipey.com.au . You shall bring all disputes, actions, claims, or causes of action related to these Terms or in connection with this Site only in the courts located in New South Wales, Australia.

 

The failure of Snipey to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Snipey in writing.

No joint venture, partnership, employment or agency relationship exists between you and Snipey. These Terms comprise the entire agreement between you and Snipey and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.

 

  1. Term and Termination

These Terms will remain in full force and effect while you are a user of this Site at any level. Snipey reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to, removal of your content from the Site and immediate termination of your ability to access this Site and/or Services and/or Materials, upon any breach by you of these Terms, or if Snipey is unable to verify or authenticate any information you submit to the Site. Certain provisions of these Terms will remain in effect after termination of these Terms, including Sections 1 through 6 and Sections 8 through 15, inclusive.