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DIGITAL MONK INTERNATIONAL PTY LTD
WEBSITE TERMS AND CONDITIONS
THESE TERMS AND CONDITIONS FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US. YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS AND CONDITIONS APPLY TO YOUR ACCESS TO, AND USE OF, THE SITE AND THE SERVICE AVAILABLE THROUGH THESITE. IN ACCESSING OR USING THE SITE OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, THESE TERMS AND CONDITIONS.
  1. Privacy Policy
    Our Privacy Policy is set out on the Website and shall apply to You and Your use of the Website and Our Services.
  2. Amendments to terms and conditions
    We reserve the right to amend these terms and conditions at any time. Any amendments shallbe effective immediately upon notification on the Website. Your continued use of the Website and Our Services following such notification will represent an agreement by You to be bound by the terms and conditions as amended.
  3. Formal engagement
    Your formal engagement of Us to provide recruitment services may be subject to You enteringinto a separate, formal legal agreement between You and Us, which shall apply to You in addition to these terms and conditions.
  4. Services
    We do not represent or warrant that Our Website or Our Services will be uninterrupted or error-free or defect-free. We do not represent or warrant to You that any electronic files available through the Website or Our Services will be free of Harmful Code.
  5. Security
    You acknowledge that despite all reasonable precautions on Our part, there is a risk of unauthorised access to, or alteration of, your transmissions of data or of information containedon Your computer system or on the Website. To the maximum extent permitted by law, We accept no liability for any Loss which You may suffer or incur as a result of such activity.
  6. Change of Services
    We reserve the right to make any changes to Our Services considered by Us as necessary or desirable. We will use all reasonable endeavours to give prior notice of such changes on the Website but You acknowledge that prior notice may not be able to be given in respect of all changes (including, without limitation, any urgent necessary changes to remedy errors or defects on the Website).
  7. Lawful use

    You must use the Website and Our Services for lawful purposes only and ensure that Your access to, or use of, the Website and Our Services is not illegal or prohibited by law. It is Yourresponsibility to comply with all Applicable Laws in using the Website and Our Services.

    You agree at all times to deal with any information or Materials provided or accessed through the Website in a manner which complies with all Applicable Laws.

  8. Misuse of information and Materials
    You must not misuse, in any way, the Website or any Materials posted on the Website (including, without limitation, modifying, copying, reproducing, republishing, uploading, posting, transmitting or distributing in any way the whole or any part of any Materials except as expressly permitted by these terms and conditions or as is reasonably contemplated by, the normal use of Our Services). You must not interfere with or disrupt (or attempt to interferewith or disrupt) any servers or networks connected to the Website. To the maximum extent permitted by law, We shall not be liable for any Loss suffered or incurred by You arising from or in connection with any other user's misuse of any Materials posted by You on the Website.
  9. Information on the Website

    We do not warrant or represent the accuracy, completeness or suitability for Your intended use of any information on the Website. You are responsible for the use of any information obtained from the Website. You should make Your own enquiries to check if the information on the Website is accurate, complete and suitable for Your intended use.

    All information in the Materials is of a general nature only and is not intended to constitute professional advice. The Website may contain information that includes the views or recommendations of others that are not necessarily Our views.

    The Website contains links and pointers to internet sites maintained by third parties. These links to third party sites are provided for Your convenience. Such links are not under Our control and We are not responsible for the contents (including the accuracy, completeness or suitability for Your intended use) of any linked site or any link contained in a linked site. We donot endorse any information on those linked sites or any associated organisation, product or services.

  10. Disclaimer
    To the maximum extent permitted by law, We shall not be liable for any Loss of any kind (including indirect, consequential, incidental, special, exemplary or punitive loss or damage), howsoever caused (including through our negligence), suffered or incurred by You arising from or in connection with: (a) Your access to, or use of, Our Services, the Website, any Materials, or any linked site; (b) any decision or action taken by You in reliance on any information or Materials provided through the Website; (c) any error or defect in the Website or Our Services; or (d) any order for products. The foregoing disclaimer does not attempt or purport to exclude liability under any statute if, and to the extent, such liability cannot be lawfully excluded.
  11. Statutory warranties
    To the fullest extent permitted by law, Our liability under any guarantee, condition or warranty (including, without limitation, any guarantee, condition or warranty of merchantability, acceptable quality, fitness for purpose or fitness for disclosed result), or any other right or remedy, under any legislation or implied into this Agreement by any legislation (Statutory Warranties) is hereby excluded. Where We are liable under any Statutory Warranties, and any legislation avoids or prohibits provisions in a contract excluding or modifying the application of, or exercise of, or liability under, such Statutory Warranties, Our liability for any breach of such Statutory Warranties shall be limited, at Our option, to one or more of the following: (a) if the breach relates to goods: the replacement of the goods or the supply of equivalent goods; the repair of such goods; the cost of replacing the goods or of acquiring equivalent goods; or the cost of having the goods repaired; and (b) if the breach relates to services: the supplying of the services again or the cost of having the services supplied again.You acknowledge and agree that reliance by Us on this limitation of liability is fair and reasonable in all the circumstances.
  12. Copyright
    All copyright in the Materials (including, without limitation, text, graphics, logos, icons, sound recordings and software) are owned by Digital Monk International Pty Ltd (ACN 622 412 300) and/or its licensors. Material procured from a third party may be the subject of copyright owned by that third party. Except as expressly authorised, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) or except as expressly permitted by these terms and conditions or as is reasonably contemplated by, the normal use of Our Services, You may not, in any form or by any means: (a) copy, adapt, reproduce, store, distribute, print, display, perform, publish, communicate to the public, make available to public or create derivative works of the whole or any part of the Materials; or (b) commercialise the whole or any part of the Materials, without Our express written permission or, in the case of third party material, from the owner of the copyright in that material.
  13. Trade marks
    Trade marks used on the Website are a trade mark or registered trade mark of Digital Monk International Pty Ltd (ACN 622 412 300) or are licensed from third parties. If You use any of Our trade marks in reference to Us, the Website or Our Services, You must include a statement attributing that trade mark to Us. You must not use any of Our trade marks or trademarks of third parties featured on the Website: (a) in or as the whole or part of Your own trade marks; (b) in connection with any business, products or services which are not Ours; (c) in a manner which may be confusing, misleading or deceptive to any person; or (d) in a manner that disparages Us, the Materials, or the Website.
  14. Term
    We may terminate this Agreement, any Account created by You on the Website and Your access to the Website if You breach any provision of these terms and conditions or otherwise in Our discretion, without the need to provide reasons. Termination of this Agreement will not end those provisions that are capable of surviving the ending of this Agreement.
  15. General provisions

    If We waive, in whole or part, any rights available to us under this Agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

    If any provision of this Agreement is held to be invalid, unenforceable or illegal for any reason,it is to be read down to give it as much effect as possible, or if it is not capable of having any effect at all, it is to be severed from this Agreement, in which case, the remainder of this Agreement shall nevertheless continue in full force.

    The laws governing this Agreement will be the laws in the State of Victoria, Australia and You irrevocably submit to the non-exclusive jurisdiction of the courts of that State.

  16. Definitions

    In these terms and conditions, unless the context otherwise requires:

    Account means an account associated with a registered user who uses or has used the Website.

    Agreement means the Agreement between You and Us comprising these terms and conditions.

    Applicable Laws means all laws applicable to You in Australia or any other jurisdiction.

    Employer means any person accessing or using the Website seeking to recruit an individual as an employee or engage an independent contractor;

    Job Seeker means a person accessing or using the Website seeking to be employed as an employee or engaged as an independent contractor by an Employer;

    Harmful Code means any computer virus, trojan, worm or other computer code that, directly or indirectly, is harmful or disabling or which assists in or enables unauthorised access to or corruption of data.

    Loss means any loss or damage of any kind including, without limitation, liability to a third party.

    Materials means any content made available by Us via the Website (including but not limited to information, data, documents, images, photographs, graphics, audio, videos, or webcasts).

    Services means Our products and services (including, but not limited to, use of this Website and our employment agency services).

    Website means the website operated by Us at https://digitalmonk.com.au/

    We, Us, Our means Digital Monk International Pty Ltd (ACN 622 412 300).

    You, Yourself, Your means all persons (including Employers and Job Seekers) with whose personal information we deal, and any person, business, company or organisation accessing or using the Website.