Terms and Conditions
These terms and conditions relate to your use of this website (Website) and the services we offer on it as described in clause 1 below (Service(s)). By using the Website and the Service(s) you agree to be bound by these terms and conditions. We may revise this Agreement from time to time by updating this posting. The revised these terms and conditions will take effect when they are posted. In these terms and conditions, "we", "our" and "us" refers to Armstrongs Career Central and/or ConnectCV, its contractors, employees, related bodies corporate, officers, directors and agents.
1. SERVICES AND FEES
The Website provides (among other things) a free Profile and/or CV build and hosting service and other associated employment related services.
We, and/or our agents, provide optional premium services. If you choose to receive these services, we reserve the right at any time to charge or amend the fees payable by you for these services and to vary or amend the terms and conditions, which cover such fees.
2. REGISTRATION AND SHOPPING
You may be required to register with us in order to access parts of the Website or to make use of some of the Services. Where you are required to register:
you must provide us with accurate, complete and updated registration information;
you must safeguard any user name and password which we provide to you;
you authorise us to assume that any person using the Website or Service(s) with your user name and/or password is either you or is authorised to act for you;
where your user name and/or password is specific to you, you must not allow anyone else to use your username and/or password;
you agree to immediately notify us of any unauthorised use of your user name and/or password or any breach of security of which you become aware;
you may cancel your registration at any time by notifying us;
we reserve the right to discontinue or cancel your registration in our sole discretion without notice if you do not visit the Website or use the Service(s) for an extended period of time, if you breach any of these terms and conditions or any applicable law or if we conclude that your conduct impacts on our name or reputation or violates our rights or those of another party.
The Website may provide you with the option to purchase products and services online, for example, the right to advertise job vacancies, access premium content and/or services or to benefit from our CV verification service ("Web Services").
The Web Services can be purchased using our Paypal, or where applicable, secure online American Express, Bankcard, Master Card, Visa and Diners Club transaction facility (unless otherwise noted on the Website), and where specifically noted on the Website by cheque, money order or EFT Transfer.
To ensure that Your credit card or personal details are kept secure in transit over the internet, we use a 128 bit encrypted SSL Web Server Certificate to encrypt data going to and from the Website. SSL works by providing a secure link between Your browser and scrambling any information You provide to us to ensure it is kept secure. However, while we use our best endeavours to protect all such information at all times, we cannot be responsible for any unauthorised access to the information.
All prices quoted in connection with the Web Services are in Australian Dollars (A$) and exclude GST, taxes, levies and other duties unless otherwise stated. All prices are correct at the time of publication however we reserve the right to alter prices for any reason, at any time.
You are responsible for paying any GST, taxes, levies and other duties that may be imposed in connection with Your order.
In making an order for Web Services You authorise us to process Your credit card or other payment immediately.
Once You have made Your order by submitting the order form information by clicking the 'submit' button, orders cannot be cancelled and refunds cannot be obtained for Web Services.
3. CONTENT RIGHTS
You acknowledge that the Website, the Services and all related content are subject to copyright and possibly other intellectual property rights (Intellectual Property Rights) and that we (or our licensors) retain all right, title, and interest in and to the Website, the Service(s) and all related content, and nothing you do on or in relation to the Website, the Service(s) or any of the related content will transfer any Intellectual Property Rights to you or, except for the licence referred to in clause 3.2, licence you to exercise any Intellectual Property Rights unless this is expressly stated.
We grant you a limited, non-transferable licence to access and use the Website solely for the purpose of using the Services and interacting with us online. You may download material from this Website for your personal, non commercial use only and provided you keep intact all copyright and other proprietary notices. Nothing displayed on this Website should be construed as granting any licence or right of use of any logo or trade mark displayed on the Website without the express written permission of the relevant owner.
You must not modify, copy, reproduce, republish, upload, post, transmit or distribute any material from this Website (including code and software).
Subject to applicable law, we may revoke the license granted pursuant to clause 3.2 at any time and may suspend or deny, in our sole discretion, your access to all or any portion of the Website or the Services without notice.
Any rights not expressly granted to you in these terms and conditions are hereby reserved to us.
4. THE SERVICE
The Website and the Service(s) may contain material or content uploaded, posted, emailed or otherwise electronically transmitted (Posted) by users of the Website, including you (User Content). We reserve the right:
to access or examine any User Content; and
at our discretion, move, remove or disable access to User Content which we consider, in our sole opinion, to breach any law or to be otherwise unacceptable.
You acknowledge that we may remove any User Content Posted by you at our sole discretion and that we have no responsibility or liability for the deletion or failure to store any communications or content Posted on the Website or through the Service(s).
If you use the Website or the Service(s), you are solely responsible for any User Content Posted by you. In using the Website or Service(s), you must not:
violate any applicable laws;
impersonate any person;
Post any User Content that:
infringes the Intellectual Property Rights of any third party or Post User Content that you do not have the right to Post; or
is unlawful, harmful, threatening, abusive, misleading, invasive of another's privacy, harassing, defamatory, slanderous, vulgar, obscene, hateful, racist, embarrassing or otherwise objectionable to any other person or entity; or
contains any unsanctioned advertising, promotional materials, or any other forms of unsanctioned solicitation, including without limitation junk mail, spam, chain letters, or any unsolicited mass distribution of email;
stalk, harass or otherwise harm others;
distributes viruses, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software.
5. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
all User Content that you Post is true, accurate and not confidential to or owned by any other person;
you will not use the Website or the Service(s) for any purpose that is unlawful or prohibited by these terms and conditions; and
all User Content Posted by you is owned by you and our use of such User Content does not infringe or violate the Intellectual Property Rights or any other rights of anyone else. You licence us to use, modify, adapt, publish, display, sublicense, create derivative works from and incorporate in other works any User Content Posted by you, at any time in the future in any form and for any purpose and warrant that you have the right to grant this licence.
You agree to defend, indemnify and hold harmless us, our officers, directors, employees, agents, subcontractors, licensors, and suppliers, from and against all claims, actions, demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your use of the Website or the Services or resulting from, or alleged to result from, your use of the Website or the Services, a breach of your representations and warranties in clause 5, or your violation of any of these terms and conditions.
7. USE OF THE SITE IS AT YOUR OWN RISK
You use the Website and Service(s) at your risk. You must evaluate and bear all risks associated with the use of any material or content, including reliance on the accuracy, completeness or usefulness of any material or content. In particular:
we endeavour to provide a convenient and functional Website and Service(s), but we do not guarantee that that your requirements will be met or that any content will be uninterrupted, error free or that the Website or Service(s) or the server that operates them are free of viruses or other harmful components; and
while we may attempt to keep information on the Website or the Service(s) current and accurate, we do not make any warranties or representations about the currency and accuracy of any information on the Website or the Service(s) (including any job advertisements); and
any information we provide on the Website is intended to provide general information in summary form on legal and other issues;
we do not endorse or recommend any of the advertisers, employment opportunities or business opportunities advertised on the Website and recommend that you obtain your own independent legal, financial, accounting or other professional advice as appropriate;
it is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Website;
If your use of the Website or the Service(s) results in the need for servicing or replacing property, material, equipment or data, we will not be responsible for such costs.
Without limiting the above provisions, to the extent permitted by law, everything on the Website and in relation to the Service(s) is provided to you "as is" and "as available" without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We exclude all representations and warranties to the fullest extent permissible under applicable law.
8. LIMITATION OF LIABILITY
To the maximum extent permitted by law:
we have no liability to you, whether for breach of these terms, in negligence, in any other tort, in equity or for any other common law or statutory cause of action arising in relation to these terms, the Website, the Services or any related content;
we will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use the Website, the Services or any content (including as a result of our failure to provide any of the Website, Services or content or any part of the same), whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we know of the possibility of such damage; and
our liability for breach of any implied warranty or condition which cannot be excluded is limited at our option to the following:
in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired; and
in the case of services, the supply of the services again or the payment of the cost of having services supplied again.
9. VARIATION OF THE WEBSITE AND SERVICES
You acknowledge that we may, in our sole discretion and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website or the Service(s) and you agree that we are not liable to you or any third party for such variation, modification or discontinuance.
10. LINKS AND ADVERTISEMENTS
We have not reviewed all of the sites linked to the Website and are not responsible for the content or accuracy of any off-site pages or any other sites linked to the Website (including without limitation sites linked through advertisements). The inclusion of any link does not imply that we endorse the linked site, and you use the links at your own risk. Your correspondence or dealings with, or participation in promotions of, advertisers on the Website are solely between you and such advertisers.
If any part of these terms and conditions is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
These terms and conditions are governed by the laws of Victoria, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia.
These terms and conditions constitute the entire agreement between us and you in relation to the Website and your use of the Services and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Website and the Services.
Your use of the Service(s) is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of the Service(s), including sending you electronic notices.
The provisions of these terms and conditions which by their nature survive termination or expiry of these terms and conditions will survive cancellation of your registration or termination or expiry of these terms and conditions.