2. Website and ONTALENT Content
The Website and all materials displayed on the Website, including all content on the pages or screens of the Website, text, graphics, advertisements, names, logos and trademarks (whether registered or not) (collectively “ONTALENT Content”) are our property or the property of their respective owners, and are protected by copyright, trademark and other intellectual property laws. All ONTALENT Content and the Website are subject to changes or discontinuity at any time. Changes may include imposing limits on certain features or restricting your access to parts of the Website or ONTALENT Content. Whilst ONTALENT endeavours to keep the Website and ONTALENT Content updated, they are provided on “as is” basis. To the extent permitted by law, ONTALENT makes no representations or warranties about the accuracy, adequacy, completeness or currency of ONTALENT Content, including information in respect of any job vacancies and description, and disclaims liability for any error, omission and your use or reliance on the Website and ONTALENT Content.
3. Your Use of the Website and ONTALENT Content
You may use the Website and ONTALENT Content for your personal purposes only. You may, for reference only, keep a temporary copy in the cache of your computer or device and make a single copy of the ONTALENT Content, provided that the copy is unaltered in form, content or otherwise and contains all proprietary notices as originally displayed in the original page or document on the Website. You may not otherwise in any form or by any means, use, reproduce, modify, distribute, publish or create derivative works from, or use for any commercial purpose, any part of the Website or ONTALENT Content. In particular, you are prohibited from entering or attempting to enter any ONTALENT systems, using any form of data mining, robots, or similar data gathering and extraction tools, reproducing or "framing" any pages of the Website or ONTALENT Content.
Any replication, copying or sharing of job ads posted on the Website site is strictly prohibited unless authorised by ONTALENT’s delegated authority. You indemnify ONTALENT against all losses, damages, costs, claims and expenses incurred or suffered by ONTALENT due to your breach of this clause.
4. No Illegal Use
You must not use the Website, any of the ONTALENT Content or any Linked Site in any manner or for any purpose which is illegal or prohibited by any laws. You agree to use the Website, ONTALENT Content or any Linked Site for lawful purposes only and not post or transmit any information or material which in any way infringes or violates the rights of others or which is unlawful, defamatory, threatening, invasive of privacy or publicity, obscene, harassing or otherwise objectionable.
5. Accounts and Passwords
If you are a registered user of the Website (e.g. ‘Job Alerts’), you are responsible for maintaining the confidentiality of your account and password (“Login Details”). You are responsible for all use of your username and password. Without limiting your responsibility, you must promptly advise ONTALENT of any disclosure of your account and password details, and any unauthorised use. ONTALENT accepts no liability for any unauthorised use of your Login Details.
6. Your Information
You are responsible for all personal information you provide on the Website, including any documents or forms uploaded to, filled in and/or accepted by you within the Website (“Your Information”).
You acknowledge and agree that:
(a) the provision of Your Information, for a job alert or otherwise are your own decision, at your own risk; and
(b) neither ONTALENT or ONTALENT’s clients are responsible for identifying, verifying or seeking correction of errors or omissions in Your Information.
7. Job Vacancies and Recruitment Process
You acknowledge and agree that:
(a) ONTALENT and will access your application based on Your Information as submitted on the Website;
(b) there is no commitment from ONTALENT regarding the job vacancy, job description or your success in the recruitment process for which you provided Your Information;
(c) the application process on the Website and any related job vacancy may be suspended or cancelled by ONTALENT or a ONTALENT client without notice;
(d) ONTALENT disclaims any liability in respect of job description or availability, or choice of candidate by ONTALENT’s clients. ONTALENT uses reasonable efforts to monitor and ensure that job vacancies posted on the Website are accurate, current and/or continue to be available but cannot provide any guarantees in this respect;
(e) by ‘clicking and accepting’ or applying your signature onto any document provided to you through the Website, either electronically, digitally or otherwise, you are legally accepting and/or confirming you have read and understood the terms provided to you and that the document becomes binding on you; and
(f) you are responsible for seeking and obtaining professional advice in respect of any terms or documents arising from or in connection with your use of the Website and you participation in the recruitment process.
8. Links to Third-Party Websites
The Website may contain links to websites operated by other entities, which in turn may contain hyperlinks to further third party websites (collectively “Linked Websites”). Access to Linked Websites is provided for convenience only, and you are responsible for evaluating whether you want to use a Linked Website.
You acknowledge that:
(b) ONTALENT does not control or endorse, and ONTALENT is not responsible for, any features, content, products or other materials on or available from a Linked Website;
(c) ONTALENT is not a party to your relationship with the owners or operators of a Linked Website, and any rights, claims or actions you may have in respect of a Linked Website may only be brought directly against the owners or operators of the Linked Website; and
(d) ONTALENT may receive payments and/or commissions from owners or operators of Linked Websites, and you will not benefit from or have any claims or right to these payments.
9. Social Media
10. Australian Consumer Law
11. Liability and indemnity
Subject to paragraph 10, ONTALENT, ONTALENT’s directors, officers, agents, employees or contractors are not liable to you, and you indemnify and hold ONTALENT harmless in respect of any and all claims, loss or damage, however arising (whether in negligence or otherwise) in connection with:
(b) your use, misuse or reliance on the Website and ONTALENT Content;
(c) your use, misuse or reliance on Linked Websites;
(d) any acts or omissions by you or any person accessing or using your account on the Website, or your Login Details (whether or not with your knowledge or authorisation); and
(e) any information provided by you on the Website, including Your Information, and the completeness, adequacy, accuracy and currency thereof;
(f) infringement of any third party rights by Your Information;
(g) any authenticity issues with Your Information or any accompanying documentation; and
(h) the outcome of the application process.
To the extent permitted by law and without limiting paragraph 10, ONTALENT shall not be liable for any consequential or indirect or other special category of loss or damage, including loss of data, arising from or in connection with your use of the Website, ONTALENT Content or Linked Websites.
12. Website Disclaimers
Subject to paragraph 11 and to the extent the law permits:
(a) you acknowledge that your use of the Website, ONTALENT Content and Linked Websites are entirely at your own risk and are provided without warranty, either express or implied;
(b) ONTALENT disclaims responsibility for any interference, loss or damage to your data, computer system, or mobile device which arises in connection with your use of the Website; and
(c) although reasonable precautions have been taken, ONTALENT does not guarantee the Website will be continually available or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted through the Website.
13. Data Analytics
To assist us in reviewing and improving the Website, we may use third party data analytics on the Website to receive and store certain statistics from the Website such as information about operating systems and devices used to access the Website, number of visitors and time spent on the Website, new and returning users and page viewings (Analytics Data). Analytics Data does not capture personal information or identify you. We may store such Analytics Data on databases owned and maintained by us or our affiliates, agents or service providers. ONTALENT retains all rights to these databases and the information contained in them. We also may disclose Analytics Data in order to describe our services to current and prospective clients and to other third parties for other lawful purposes.
16. Entire Agreement