Terms of use - Contents
Acceptance
1.1 This website, app, platform and any service offered under the name “1Template” (“Platform”) is operated and owned by 1Template Pty Ltd and its related entities or body corporates (“us”, “we” and “our”).
1.2 Your access to and use of this Platform is subject to these Terms of Use (“Terms of Use”). The Terms of Use constitute a binding legal agreement between you and us, and your continued use of the Platform constitutes your acceptance and acknowledgement of these Terms of Use, our Privacy Policy available at here, and any other policy displayed on the Platform, all of which constitute a part of the Terms of Use. If you do not agree to the Terms of Use, you must not use the Platform.
1.3 We may initiate amendments or modifications to the Platform, the Terms of Use and/or the Privacy Policy by providing you with 14 days notice. You will have an opportunity to agree or reject the amendments. If you do not agree to the amendments, then you must notify us within that time frame, otherwise, you will be deemed to accept the amended version of the Platform, the Terms of Use and/or the Privacy Policy, as relevant. Your continued use of the Platform indicates your continued acceptance of the amended Platform, Terms of Use and/or Privacy Policy, as relevant.
1.4 These Terms of Use will prevail over any other terms or agreement between you and us.
Preconditions to use
2.1 Your use of the Platform is conditional on you being over 18, or if you are a Minor then you represent that you have reviewed these Terms of Use with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms of Use.
2.2 If you are a parent or guardian permitting a Minor to create an account, you agree to exercise supervision over the Minor's use of our website and account and assume all risks associated with the Minor's use of our website and their account, including the transmission of content or information to and from third parties via the Internet.
2.3 By visiting, registering, or using the Platform in any way, you warrant to us that you meet the requirements above. If the above requirements are not met, please cease using the Platform immediately.
Right to access and use the Platform
3.1 In exchange for you complying with all terms of this Agreement, we grant you a limited non-exclusive, non-transferable, non-sublicensable, personal, and revocable right to access and use the Platform, limited to the Permitted Use.
Registration; Data
4.1 You may be required to register an account to use certain features of the Platform. We may refuse, review or cancel any account registration in order to satisfy our internal processes and our business requirements at our discretion.
4.2 When you register and activate your account, you may provide us with Personal Information. You must ensure that this information is accurate and current. We will handle all Personal Information we collect in accordance with our Privacy Policy. Generally, we aim to delete any Personal Information and other Uploaded Content related to your account administration as soon as practicable after the termination of your account. However, we may sometimes retain Personal Information for an additional period as is permitted or required under applicable laws. Even if we delete your Personal Information it may persist on backup or archival media for an additional period of time for legal, tax or regulatory reasons or for legitimate and lawful business purposes. By providing Personal Information to us, you consent to the collection, use, storage and disclosure of that Personal Information as described in these Terms of Use.
4.3 You are responsible for the collection, use, storage, and otherwise dealing with Personal Information related to yourself, including in relation to your access and use of the Platform. You must comply with the requirements of the Privacy Laws in respect of all Personal Information collected, used, stored, or otherwise dealt with under or in connection with these Terms of Use.
4.4 You are responsible for keeping your account credentials secure, and you are responsible for all use and activity carried out under your account. You must not share your account credentials with any third party. You must be the only authorised User on your account.
4.5 We do not authorise anyone to use the Platform on your behalf, and we will not be liable for any loss or damage arising from any kind of unauthorised activity that takes place under your account.
4.6 You must not impersonate any other individual, business or company. In case you try to present yourself as another individual or company, your account may be suspended or terminated, and we may take such further action as we deem necessary.
4.7 You agree not to create an account or access or use the Platform if you have been previously removed or suspended by us from the access or use of the Platform.
Uploaded Content
5.1 Where the Platform allows you to upload any Uploaded Content, you:
a) represent and warrant to us that you have all rights, title, interest and authority in the Uploaded Content, including with respect to Intellectual Property Rights and you are solely responsible for the Uploaded Content and the consequences of collecting, using, disclosing, storing or transmitting it;
b) represent and warrant to us that you have all rights, releases and permissions to provide Uploaded Content to us, including with respect to using the name and likeness of each person whose image appears in any Uploaded Content in the manner contemplated by these Terms of Use and to grant all rights granted to us in these Terms of Use;
c) represent and warrant to us that the use or exploitation of Uploaded Content does not and will not infringe the rights of any third party (including, but not limited to, Intellectual Property Rights and privacy rights);
d) represent and warrant to us that the collecting, using, disclosing, storing, transmitting or any other operation with relation to Uploaded Content, including any Personal Information contained in such Uploaded Content (and its transfer to and use by us) as contemplated by these Terms of Use does not and will not violate any laws (including those relating to export control and electronic communications) or rights of any third party, including any Intellectual Property Rights, rights of privacy, or rights of publicity and you agree to do all things necessary to and cause such compliance; and
e) agree and undertake to us to pay all amounts which become owing by us to any person (whether by way of royalty or otherwise) as a result of or in connection with your submission of the Uploaded Content to or via the Platform.
5.2 It is your responsibility to back up any Uploaded Content to your own systems. We do not guarantee that the Platform will be available at all times.
5.3 You agree that we can store Uploaded Content on our servers. You grant us an irrevocable, perpetual licence (and consent) to use, process, copy, transmit, store and backup or otherwise access Uploaded Content solely to:
a) supply the Platform to you (including to enable you to access and use the Platform);
b) diagnose problems with the Platform;
c) update or otherwise improve, modify or maintain the Platform, including by way of using the Uploaded Content for machine learning and artificial intelligence training purposes;
d) train our staff; and
e) develop other services,
provided we de-identify the Uploaded Content.
5.4 We will use our best efforts to ensure that any Uploaded Content that is hosted or otherwise stored by us is secure. However, we do not accept responsibility or liability for any unauthorised use, destruction, loss, damage or alteration to any Uploaded Content, including due to hacking, malware, ransomware, viruses, malicious computer code or any other forms of interference.
5.5 Despite anything to the contrary in these Terms of Use or elsewhere, we may capture, log, monitor, analyse and compile statistical and performance information based on and/or related to your use of the Platform in an aggregated and anonymised format (Analytics). We and our licensors own all Intellectual Property Rights in and to the Analytics and in the Platform and all technology, documentation and content provided in connection with the Analytics. You agree that we may make such Analytics publicly available, provided that it:
a) does not contain identifying information; and
b) is not compiled using a sample size so small as to make the underlying Uploaded Content identifiable.
AI Assist
6.1 The Platform includes certain artificial intelligence-based tools to assist you in writing your resume and/or utilising the Services (Platform AI).
6.2 While we provide the Platform AI features to enhance user experience and efficiency, including but not limited to resume writing and optimisation tools, it is important for you to understand and acknowledge the limitations of these AI-based services. The recommendations and outputs generated by the Platform AI are based on general data models and should not be solely relied upon for decision-making, accuracy, or completeness. The effectiveness of the Platform AI features is dependent on a variety of factors, including the quality and relevance of the information you provide and the current job market trends which the Platform AI may not fully encapsulate.
6.3 You acknowledge that you are responsible for reviewing and confirming the accuracy, appropriateness, and completeness of any content created, modified, or enhanced by the Platform AI. We do not warrant that the Platform AI will meet your specific requirements, achieve any intended results, or be error-free or reliable. Your reliance on the Platform AI features and any decisions made based on its functionality are at your sole risk and discretion.
6.4 We not accept responsibility for any consequence directly or indirectly related to any action or inaction you take based on the Platform AI features, its recommendations, or any other information or service provided by the Platform.
Fees and plans
7.1 Certain features of the Platform may require you to pay fees to us. Our payment models include:
a) pay-per-use basis (PAYG); or
b) paid subscription (Subscription Plan) for a particular period (Subscription Term) by paying the fee (Subscription Fee) as disclosed on the Platform and in accordance with this clause 7.
7.2 If you choose a Subscription Plan:
a) during the Subscription Term you will be entitled to receive the subscription inclusions as listed on our Platform from time to time;
b) at the end of each Subscription Term, to help you manage the risk of missing a renewal step where you need continued access to the Platform, your Subscription Plan will automatically renew on each expiration date for an additional equivalent period, and you will be required to pay the Subscription Fee for the next Subscription Term unless you notify us in accordance with this clause. You may terminate your Subscription Plan at any time, however such termination only takes effect on the expiration date of the then-current Subscription Term. Any Subscription Fees paid up to that date are non-refundable for voluntary cancellations. Please ensure you contact us if you want to cancel your Subscription Plan; and
c) you agree and acknowledge that we may cancel your Subscription Plan at any time and for any reason. If the cancellation is not due to your breach of these Terms of Use, we will provide you with a pro-rata refund of the then-current Subscription Fees paid by you up to the date of cancellation.
7.3 We may, at our sole discretion, offer a free trial for a Subscription Plan for a specified period and with certain features as specified on the Platform (Free Trial). During the Free Trial:
(a) you will not be required to pay Subscription Fees;
(b) either party may terminate or cancel the Free Trial at any time;
(c) at the expiration of the Free Trial, unless you cancel the subscription, your subscription will automatically convert into a paid Subscription Plan and will be required to pay Subscription Fees;
(d) a Free Trial is offered only once and there will be no further Free Trials; and
(e) all other terms apply in full.
7.4 If you have selected a payment model, then you agree to pay us all applicable fees disclosed on the Platform for that model. You must not do anything to circumvent payment of any Fee or use the Platform in a manner intended to avoid incurring Fees.
7.5 Unless otherwise stated, all fees and all transactions are in US Dollars. All fees are exclusive of applicable federal, state, local, or other taxes.
7.6 We may offer one or more payment processors as a way to facilitate payment of the Fees. You must make payment by way of one of the payment processors offered (which we may modify from time to time at our sole discretion). You agree that:
a) any cost, fee, or other charges charged by such processor must be paid by you in addition to the Fees; and
b) you must comply with the terms and conditions of the relevant payment processor.
7.6 Notwithstanding the fee structure set out in these Terms of Use or on the Platform, we reserve the right to implement a new Fee, or modify an existing Fee, that applies to future purchases through our Platform for current or future features. If we implement a new or modified Fee, we will give you advanced notice such as by posting the new fee structure on our Platform or sending you an email.
7.7 Except as otherwise stated in these Terms of Use, and to the extent permitted by law, any Fees and credits in your account are non-refundable and we do not provide refunds or credits for services that are purchased but not used, or cancelled prior to their committed expiration date, except if you validly terminate under clause 16.2(a) (in which case you will be entitled to a pro-rata refund of any Fees paid in advance). We may determine on a reasonable case-by-case basis that this clause does not apply to a particular situation not contemplated in these Terms of Use.
Your Conduct
8.1 In using the Platform, you must:
a) only use the Platform to be used for the Permitted Use;
b) not create content based on the Platform except as specifically contemplated by the Platform;
c) always act courteously and politely with us;
d) strictly comply with any policy displayed on the Platform;
e) not use the Platform in any way which is in breach of any applicable laws or which infringes any person’s rights, including Intellectual Property Rights;
f) not do anything which may compromise or interfere with the Platform or our systems, including without limitation introducing malicious programs such as viruses, worms, trojan horses, and email bombs or take any action that is likely to impose upon the Platform (or our servers, or the servers of our or third-party providers) a disproportionately large load;
g) not interfere with the proper working of the Platform or any activities conducted via the Platform not collect content or information from the Platform, or otherwise access the Platform, using any automated or manual software, process or other means, such as through exporting, extracting, or otherwise scraping any of the content or data on the Platform for use outside the Platform, including (but not limited to) pre-fetching, indexing, storing, resharing, or rehosting any of our content outside the Platform or using any other harvesting bot, robot, spider, or other similar tool;
h) not use the Platform to create a product or service with features that are substantially similar to or that re-create the features of any other product or service owned by us or, except to the extent the Copyright Act allows you to do so, reverse engineer or otherwise seek to obtain any source code forming part of the Platform;
i) not to do anything:
i) that may be considered harassment or bullying;
ii) that may result in you, us or any other User breaching any law, regulation, rule, code or other legal obligation;
iii) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, profane, in breach of confidence, in breach of privacy or harassing;
iv) that would bring us or the Platform into disrepute;
v) that infringes the rights of any person;
vi) that you know (or ought reasonably to suspect) is false, misleading, untruthful or inaccurate; and/or
vii) that contains or constitutes unsolicited or unauthorised communications (including junk mail or spam).
8.2 If you breach this clause, we reserve the right to delete your account without any refund of Subscription Fees paid by you up to the end of the current Subscription Term.
Warranties and acknowledgements
9.1 You acknowledge, agree and warrant to us that:
a) there are no legal restrictions preventing you from agreeing to these Terms of Use;
b) you are not Insolvent;
c) you will cooperate with us and provide us with all assistance, resources, data, people, information, facilities, access, and documentation that is reasonably necessary to enable us to perform our obligations, including with respect to the Platform and these Terms of Use and as otherwise requested by us, from time to time, and in a timely manner;
d) you are responsible (at your cost) for obtaining and maintaining any consents, licences, authorities, and permissions required for you to make use of the Platform (and you will provide evidence of this to us upon request);
e) all information and documentation (including Uploaded Content) that you provide to us or upload into the Platform in connection with these Terms of Use is true, correct, and complete, and that we will rely on such information and documentation in order to provide the Platform and our services;
f) you are solely responsible for establishing and maintaining any operating environment necessary to use and obtain the benefit of the Platform.
9.2 We acknowledge, agree and warrant to you that:
a) the Platform will perform materially as intended;
b) the Platform will not infringe on the Intellectual Property Rights of any person;
c) we will maintain sufficient and appropriately qualified and experienced personnel to operate and provide the Platform and our display of advertisements in accordance with these Terms of Use.
Intellectual property rights
10.1 Except where otherwise indicated or implied by context, we are the sole owners or licensees of all Intellectual Property Rights comprised in the Platform (including all Intellectual Property Rights comprised in the Platform content any associated documentation) and any improvements, Updates, or modifications of the Platform, and any customisations and derivative works and nothing in these Terms of Use constitutes a transfer of any Intellectual Property Rights in or related to the Platform or Platform content. To the extent that you acquire any such Intellectual Property Rights, you irrevocably assign such rights to us.
10.2 You acknowledge and agree that the Platform and the content contained therein are protected by copyright, trademarks, service marks, patents, design registrations, and other proprietary rights and laws, and you agree to comply with and maintain all copyright notices and other restrictions on content accessed on or via the Platform.
10.3 You agree that we are the sole owners of all Intellectual Property Rights in any resumes, materials, files, data, or other outputs generated or exported by the Platform (Platform Outputs). We grant you a non-exclusive, non-transferable, perpetual license to use the Platform Outputs solely for your personal or internal business purposes, subject to your compliance with these Terms of Use. This license does not include the right to modify, distribute, sell, or create derivative works of the Platform Outputs once exported from the Platform, except as expressly allowed under these Terms of Use.
10.4 If you provide us with feedback, comments or suggestions (Feedback) relating to the Platform or our business, then all rights, title and interest in that Feedback, and anything created as a result of that Feedback (including new material, enhancements, modification, or derivative works), are owned solely by us, automatically assigned to us and we may use the Feedback for any purpose.
10.5 You must not do anything which breaches or otherwise interferes with our Intellectual Property Rights or the Intellectual Property Rights of any of its third-party licensors. You may not distribute, reproduce, publish, alter, modify or create derivative works from the Platform content without our prior written permission or the relevant third-party licensor or exploit such contents for commercial benefit.
10.6 You acknowledge and agree that we will suffer real and substantial loss due to any breach of this clause 10 and damages alone would not be an adequate remedy for a breach of this clause 10. Therefore, we may seek equitable or injunctive relief for any actual or perceived breach of this clause 10.
Updates
11.1 We may implement (but are not obliged to implement) Updates to the Platform and/or modifications or improvements to our equipment that displays advertisements from time to time. We will endeavour to provide you with reasonable prior written notice of any scheduled Updates and/or modifications or improvements to our equipment that displays advertisements using contact information that you have provided us to the extent that any Update is likely to significantly affect the availability of the Platform or based on our actual knowledge is likely to have a material negative impact on you.
Confidentiality
12.1 Each party (Recipient) must keep confidential, and not disclose, any Confidential Information of the other party (Discloser) except:
a) where permitted by these Terms of Use;
b) with the prior written consent of the Discloser;
c) where the Confidential Information is received from a third party, except where there has been a breach of confidence;
d) on a confidential, “need to know” basis to the Recipient’s shareholders, employees, contractors and other personnel, auditors, insurers, agents, prospective investors or buyers, and professional advisors; or
e) where the Recipient is compelled to do so by applicable law, provided that it gives the other party written notice prior to disclosure.
12.2 The Recipient must only use the Confidential Information of the Discloser for the purposes contemplated by these Terms of Use.
12.3 You acknowledge we may refer to you as a customer, and display your details on our Platform, marketing portfolios, case studies, or in our promotional materials. You may ask that we stop doing this by emailing us. It may take up to 30 days to process your request.
Third-party websites or services
13.1 The Platform may contain links to websites that are owned and operated by third parties. We have no control over these external websites, which are governed by terms and conditions and privacy policies independent of us.
13.2 You acknowledge and agree that when you access a third-party website available via a link contained on the Platform:
a) you do so at your own risk and understand that you should review the privacy policy and terms and conditions of that website;
b) we are not liable for the content, accuracy, lawfulness, appropriateness, or any other aspect of that third-party website; and
c) you acknowledge and agree that to the full extent permitted by applicable law, we will not be liable for any loss or damage suffered by you or any other person as a result of or in connection with your access or use of any third-party website available via a link on the Platform.
13.3 The Platform may utilise, incorporate or depend on other third-party services (including, without limitation, hosting services) and you agree that to the extent permitted by law, we will not be responsible or in any way liable for any defect or interruption to the availability of the Platform or our services resulting from the failure of such third-party services.
Disclaimer and limitation of liability
14.1 We exclude all Warranties in relation to the Platform or any services offered in connection with the Platform, except for those expressly set out in these Terms of Use or those that cannot be excluded by applicable law.
14.2 To the extent that any law restricts our right to exclude Warranties, these Terms of Use must be read subject to those provisions and nothing in these Terms of Use is intended to alter or restrict the operation of such provisions. If those statutory provisions apply, notwithstanding any other provision of these Terms of Use, to the extent that we are entitled to do so, we limit our liability pursuant to such provisions to:
a) the supply of the services again; or
b) the payment of the cost of having the services supplied again.
14.3 Your liability to us and our liability to you in connection with these Terms of Use, the Platform and/or our display of advertisements, other than with respect to the matters contemplated by clause 15 of these Terms of Use is limited as follows:
a) all liability for consequential, special, indirect or remote loss, including loss of opportunity or business is excluded; and
b) the maximum aggregate liability arising in connection with these Terms of Use is capped to the total amount of Fees paid by you to us.
14.4 You acknowledge that complex software, hardware and applications are never wholly free from defects, errors, bugs and harmful components, and subject to the other provisions of these Terms of Use, we give no Warranty or representation that the Platform and/or our display of advertisements will be wholly free from defects, errors, bugs and harmful components. We provide the Platform on an “as is” and on an “as available” basis without any Warranties arising out of any course of dealing or usage of trade. We cannot and so do not make any Warranties that the Platform, our services, any Uploaded Content, our equipment and/or display of any advertisement will be available continuously, uninterruptedly, secure or not otherwise malfunctioning, lost or altered, as applicable. You acknowledge that we may suspend our services, access to the Platform, use of our equipment and/or display of any advertisement temporarily if we have reason to do so (including but not limited to maintenance, updates, or upgrades).
14.5 Nothing in the Terms of Use excludes or limits either party's liability for:
a) its fraud or fraudulent misrepresentation;
b) its obligations under clause 15;
c) its infringement of the other party's Intellectual Property Rights;
d) its payment obligations under the Terms of Use; or
e) matters for which liability cannot be excluded or limited under applicable law.
14.6 All subclauses of this clause 14 are cumulative to one another.
Release and indemnity
15.1 Each party agrees to indemnify (and defend and hold harmless) the Released Parties from all Claims and/or Loss arising in connection with:
a) the indemnifying party’s failure to comply with any applicable laws; or
b) the indemnifying party’s gross negligence or wilful misconduct.
15.2 We agree to indemnify (and defend and hold harmless) you and your Released Parties from any Loss finally awarded as a result of a Claim brought by a third-party alleging that your use of the Platform as contemplated in these Terms of Use directly infringes the Intellectual Property Rights of a third party, except to the extent any such infringement is caused or contributed to by your act or omission (IP Claim). If an allegation concerning a possible IP Claim is made, you must permit us to do one of the following (at our sole discretion):
a) modify, alter or substitute the Platform until the Platform no longer infringes the Intellectual Property Rights alleged in the relevant IP Claim. Such modification will be at our cost; or
b) terminate these Terms of Use or your access to the Platform.
15.3 You agree to indemnify (and defend and hold harmless) us and our Released Parties from any Loss or Claims in connection with:
a) any damage to person, property, personal injury or death;
b) your breach of any of clauses 2, 5, 10 or 12; or
c) Uploaded Content.
15.4 As conditions to indemnification under this clause 15, the indemnified party must:
a) notify the indemnifying party promptly in writing of the Claim for which the indemnified party is seeking indemnification;
b) grant the indemnifying party sole control over the defence and settlement of each Claim;
c) provide the indemnifying party with reasonable cooperation in response to such party’s requests for assistance (including all relevant information or materials);
d) not have admit any fact, or settle or compromise a Claim, without the prior written consent of the indemnified party if such settlement includes an admission of liability on the part of the indemnified party; and
e) use its best endeavours to mitigate any Loss the indemnified party suffers as a result of the Claim.
15.5 In this clause:
a) Claim means a claim, action, proceeding or demand made against a person concerned, however it arises and whether it is present or future, fixed or unascertained, actual or contingent.
b) Loss means a damage, loss, cost, expense or liability incurred by the person concerned however arising, including without limitation penalties, fines, and interest and including those which are prospective or contingent and those the amount of which for the time being is not ascertained or ascertainable.
c) Released Parties means a party and its officers, directors, shareholders, agents, employees, consultants, associates, affiliates, subsidiaries, sponsors, and other third-party partners.
Termination
16.1 These Terms of Use terminate automatically if we cease to operate the Platform for any reason (although any clauses which are reasonably intended to survive termination survive).
16.2 We and you acknowledge and agree that:
a) either party may terminate these Terms of Use and/or your access to the Platform with immediate effect by giving the other written notice at any time if:
i) the non-terminating party is Insolvent; or
ii) the non-terminating party is in breach of any provision of these Terms of Use which cannot be remedied, or where the breach is capable of being remedied, if it fails to remedy the breach within 7 days after receiving written notice requiring remedy.
b) termination of these Terms of Use and/or your access to the Platform does not release a party from any obligations and liabilities that may have arisen or been incurred prior to the date of such termination.
c) on termination of these Terms of Use and/or your access to the Platform for any reason:
i) you must immediately stop accessing and using the Platform, and we may take any action necessary to disable or terminate your access to the Platform; and
ii) each party must promptly return (where possible) or delete or destroy (where not possible to return), the other party’s Confidential Information and intellectual property, and/or documents containing or relating to the other party’s Confidential Information unless required by law or regulatory requirements to retain such information.
General
17.1 All notices must be in writing and must be made through the Platform or by email. Notices are taken to be read on the day they are received, unless they are received after 5 PM or not on a business day in New South Wales, in which case they are deemed to be received on the next business day in New South Wales.
17.2 You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms of Use. We may assign, sublicense, novate or transfer our rights and obligations under these Terms of Use to our related body corporates, or to any bona-fide acquirer of the Platform or our business.
17.3 If a provision of these Terms of Use is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions unless this would materially change the intended effect of these Terms of Use.
17.4 These Terms of Use are governed by the laws of New South Wales and each party submits to the exclusive jurisdiction of the courts of New South Wales and all courts of appeal from there.
17.5 No breach of any provision of these Terms of Use can be waived except with the express written consent of the party not in breach.
17.6 The contents of these Terms of Use constitute the entire agreement between the parties and supersede any prior negotiations, representations, understandings or arrangements made between the parties regarding the subject matter of these Terms of Use, whether orally or in writing.
17.7 A provision of these Terms of Use that can and is intended to operate after its conclusion will remain in full force and effect despite the termination or expiration of these Terms of Use, including without limitation clauses 5 (Uploaded Content), 10 (Intellectual property rights), 12 (Confidentiality), 14 (Disclaimer and limitation of liability), 15 (Release and indemnity), this clause and all other indemnities, releases, exclusions of liabilities and disclaimers.
Definitions
18.1 In these Terms of Use:
Business Day means a day on which banks are open for business in the State other than on a Saturday or Sunday or a public holiday.
Confidential Information means all information of a confidential or proprietary nature, in any form whether tangible or not, disclosed or communicated by a party to the other, or learnt or accessed by, or to which the other party is exposed as a result of entering into this Agreement, but excluding information which:
a) is or becomes a matter of public knowledge through no fault, action, or omission of the Recipient or its personnel;
b) is rightfully received by the Recipient from a third party without a duty of confidentiality;
c) was already known to the Recipient at the time the disclosing party first made it available to the Recipient, except as a result of disclosure known by the Recipient to be made in violation of an obligation of confidence; or
d) was independently developed by the Recipient without reference to the information of the disclosing party.
Without limitation, our Confidential Information includes all know-how, trade secrets, technical information, specifications, data, Intellectual Property Rights, marketing procedures, enablement procedures, documentation, pricing information, client and client records, as well as business, corporate, or trade information.
Fees means the fees we charge Users in relation to the use of the Platform and our provision of the Services, which are set out on the Platform and may be modified from time to time in accordance with these Terms of Use.
Insolvent in relation to a party, means when:
(a) a party ceases, suspends, or threatens to cease or suspend the conduct of all or a substantial part of its business or disposes of or threatens to dispose of a substantial part of its assets;
(b) a party becomes unable to pay its debts when they fall due, or stops or suspends or threatens to stop or suspend the payment of all or a class of its debts;
(c) a party becomes or is (including under legislation) deemed or presumed to be insolvent;
(d) a party has a receiver, manager, administrator, administrative receiver, or similar officer appointed in respect of it or the whole or any part of its assets or business;
(e) any composition or arrangement is made with any one or more classes of a party’s creditors;
(f) except for the purpose of solvent amalgamation or reconstruction, an order, application, or resolution is made, proposed, or passed for a party’s winding up, dissolution, administration, or liquidation;
(g) a party enters into liquidation whether compulsorily or voluntarily; or
(h) any analogous or comparable event takes place in any jurisdiction in relation to a party.
Intellectual Property Rights mean all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these intellectual property rights include copyright and related rights, database rights, Confidential Information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semiconductor topography rights and rights in designs).
Minor means a person under the age of 18.
Permitted Use means ordinary personal use for the purposes of viewing and editing your account details, uploading information to and creating your resume, paying for our services and viewing your invoices and certain billing data.
Personal Information has the same meaning as in the Privacy Laws.
Privacy Laws mean the Privacy Act 1988 (Cth).
Privacy Policy means our privacy policy available at here.
Terms of Use means these terms of use of the Platform which include the Privacy Policy.
Update means any updates, modifications, changes or enhancements to the Platform, including the adding or removing of any features or functionality, improvements, bug fixes and patches.
Uploaded Content means any content or materials whatsoever (including but not limited to any Personal Information, information, data, text, graphics, photos, designs, trademarks, or any other artwork) that you upload or input to the Platform, that is generated by you using the Platform or you otherwise provide to us, including but not limited to your contact information, age, employment history, industry types, date of birth, preferred pronouns, interests, hobbies, educational history, languages, skills, accomplishments, links to external pages such as social media profiles, images of yourself.
User means any user of this Platform, whether registered or not.
You or your means you, the user of this Platform.
Warranties mean any warranties, conditions, terms, representations, statements and promises of whatever nature, whether express or implied.
