WEBSITE TERMS OF USE

1. Terms of Use

1.1 The website, located at www.itsmycall.com.au (Website) is owned and operated by TULU ENTERPRISES PTY LTD ACN 617 404 752 AS TRUSTEE FOR TULU ENTERPRISES trading as ITSMYCALL (ItsMyCall).

1.2 By using the Website, you agree to be bound by the terms and conditions set out below (Terms of Use).

1.3 In these Terms of Use, a reference to "we" or "us" is a reference to ItsMyCall.

1.4 A reference to "you" or "your" in these Terms of Use is a reference to any person accessing, viewing or using the Website, including a Registered User.

1.5 If you are advertising a job on our Website (Advertiser), you must also accept and adhere to the Advertiser terms and conditions (Advertiser Terms).

1.6 The Terms of Use also incorporate and include the following terms and conditions:

(a) ItsMyCall Privacy Policy; and

(b) ItsMyCall Privacy Collection Notice.

2. Website Use and Access

2.1 You may only use the Website and the information contained on the Website for personal, non-commercial use.

2.2 You may access the Website at any time, unless it is restricted due to:

(a) maintenance, updates or upgrades; and/or

(b) factors outside our control such as network outages, the quality of your internet connection, the type of computer or mobile device used, or your software.

2.3 We do not accept any responsibility for factors outside our control.

3. Registered Users

3.1 To use some aspects of the Website, you must become a registered user by providing information such as your name, email address and a password (Registered User). Persons under the age of eighteen (18) years cannot become a Registered User without the prior permission of a parent or legal guardian.

3.2 You acknowledge that you will provide accurate and complete information when you become a Registered User and will not mislead or deceive others through any act or omission.

3.3 You are responsible for:

(a) maintaining the confidentiality and security of your login details; and

(b) all activities that occur under your login name.

3.4 You must immediately notify us of any unauthorised use of your login details.

4. Limitations on Use

4.1 By accessing and using the Website you warrant and agree that you will not:

(a) use the Website for any unlawful or prohibited purpose;

(b) copy, transmit, distribute, reproduce, licence, alter, reverse engineer, adapt or modify in whole, or in part, the Website;

(c) hide, deface, alter or delete any copyright symbol, trade mark or other proprietary rights notice;

(d) use the Website for any activity which is obscene, indecent, offensive or defamatory;

(e) hack into, change or otherwise knowingly transmit a virus or otherwise damage the Website or any information contained on it;

(f) tamper with, hinder the operation of or make unauthorised modifications to the Website;

(g) upload any material onto the Website, or use the Website in any way which:

(i) infringes the intellectual property rights of any person; or

(ii) is unlawful or prohibited;

(h) breach any other terms of the Terms of Use, our Privacy Policy or Advertiser Terms.

5. Technical Information and Security

5.1 The transmission of data over the internet is not always secure. Although we endeavour to secure the Website, you access it at your own risk and we accept no responsibility for any interference, loss, damage, or disruption to your computer or mobile device or otherwise, which arises in connection with your use of the Website.

5.2 You acknowledge that it is your responsibility to:

(a) implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your requirements for the accuracy of data input and output; and

(b) ensure that whatever you select for your use in the Website is free of viruses or anything else that may interfere with or damage the operations of your computer or mobile device.

5.3 We do not warrant that functions available on the Website will be uninterrupted or error free, free of viruses or programming bugs or interferences due to factors outside our control.

6. Intellectual Property

6.1 The Website contains intellectual property including trade marks, confidential information and copyright, together with any goodwill or reputation and intellectual property rights subsisting in those things.

6.2 You should assume that any intellectual property in the Website is owned by ItsMyCall or third parties and unless permitted by law, you must not:

(a) adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of the Website; or

(b) commercialise any information, products or services obtained from any part of the Website without our prior written consent.

6.3 Notwithstanding the above, you may download information and material from the Website for the Purpose and provided you keep all copyright and other proprietary notices intact.

7. Third Party Websites

7.1 The Website may contain links to websites owned and operated by third parties. We are not responsible for the operation, security levels, content or any other aspect of any third party websites.

7.2 Links to third party websites are provided solely for your convenience and do not indicate our endorsement or affiliation of them or their products and services.

7.3 We make no representations or warranties and are not liable for:

(a) the content or accuracy of any information contained in linked websites and third party websites; and

(b) any loss or damage suffered as a result of access to, or use of, these third party websites, or the reliance on the information contained within.

7.4 You must make your own enquires as to the suitability of content of third party websites and the goods and services available on them.

7.5 Third party websites may be governed by their own terms and conditions (including their own privacy policy), which will apply to your use and acquisition of their products or services. Accordingly, we strongly recommend that you read their terms and conditions.

8. Content Standards

8.1 These content standards apply to any and all material that you contribute to our Website, which may include text, information, images and feedback, comments or suggestions on the Website, and other types of content (Contribution).

8.2 By uploading, transmitting, posting or otherwise making any Contribution you:

(a) grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and/or exploit such Contribution for any commercial or non-commercial purpose;

(b) warrant that the Contribution is accurate (where you state fact); is genuinely held (where they state opinions); and complies with any applicable law in Australia; and

(c) you give your unconditional and irrevocable consent to any act by us which would otherwise, but for your consent, infringe your moral rights (as defined by the Copyright Act 1968) which you may have in respect of your Contribution.

8.3 We reserve the right (but have no obligation) to:

(a) prevent the upload, transmission, posting or otherwise making available of any Contribution from a user or Register User of the Website;

(b) review, modify, reformat, reject or remove any Contribution uploaded, posted, transmitted or otherwise made available through the Website that, in our opinion, violates these Terms of Use or otherwise has the potential to harm, endanger or violate the rights of any person; and

(c) monitor the use of the Website, and store or disclose any information that we collect, including to investigate compliance with these Terms of Use or for the purposes of any police investigation or governmental request.

8.4 You agree to accept full responsibility for any Contribution you upload, post, transmit or otherwise make available on the Website and you agree that we will not be liable for any such Contribution uploaded, posted, transmitted or otherwise made available on the Website.

8.5 You acknowledge and agree that any Contribution made by you must not:

(a) contain any material that is defamatory of any person;

(a) contain any material that is obscene, offensive, hateful or inflammatory;

(b) promote sexually explicit material;

(c) promote violence;

(d) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

(e) infringe the intellectual property rights of any person;

(f) be likely to deceive any person;

(g) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

(h) promote illegal activity;

(i) give the impression that they emanate from us, if this is not the case; or

(j) contain links or reference to other services or websites.

8.6 By allowing you to upload, post, transmit or otherwise make available your Contribution on the Website, we are not to be taken as having endorsed any opinion, advice or statement made by you.

9. Job Alerts

9.1 If you are a Registered User seeking employment, you have the option to sign up for job alerts. If you sign up for job alerts you will receive an email notification when a job becomes available in your selected criteria.

9.2 You may choose to stop receiving Job Alerts at any time by logging into your account and amending your account preferences.

10. Inbound Program

10.1 As a Registered User, you may authorise us to share some of your information with prospective employers (Inbound Program).

10.2 You can select which information you authorise us to share with prospective employers and may opt out of the Inbound Program at any time by logging into your account and amending your account preferences.

11. Suspension or Termination

11.1 We reserve the right to suspend or terminate your access to the Website at our sole discretion if we believe there has been a breach of these Terms of Use.

11.2 In the above instance, we will endeavour to notify you of the breach and ways in which you can remedy it. Should you fail to remedy the breach within a reasonable time, you must immediately cease to access and use the Website.

11.3 We reserve the right to cease operating the Website at any time, without notice, and to terminate this agreement under the Terms of Use.

11.4 You have the right to terminate your agreement under these Terms of Use by deleting your account and ceasing use of the Website.

11.5 Termination of the Terms of Use will not end those provisions capable of surviving.

12. Exclusion of Warranties

12.1 While we endeavour to ensure the accuracy and completeness of the information on our Website, it may contain errors and omissions.

12.2 To the maximum extent permitted at law, we make no representations or warranties of any kind, express or implied, in relation to the content, accuracy, completeness, suitability, accessibility, security or reliability of:

(a) any material and/or information on the Website;

(b) the performance and availability of the Website;

(c) the loss, damage or corruption of any data or other material because of the use of the Website.

12.3 We make no warranty or guarantee that jobs listed on our Website will remain available or that the services provided on our Website will guarantee your employment.

12.4 Where liability cannot be excluded, any warranty by us in relation to the use of the Website is limited as provided under the Competition and Consumer Act 2010 (Cth).

13. Limitation of Liability

13.1To the maximum extent permitted at law, we and our committee of management, officers, employees, agents, contractors, service providers, successors or assigns exclude liability for any loss or damage whatsoever (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages) you may suffer arising out of, or in any way related to:

(a) the use of, or reliance on, any of the information or material contained on or omitted from the Website;

(b) the use of other third party linked websites;

(c) the unauthorised use of your login details;

(d) the suspension, termination or interruption of the Website in whole or in part for whatever reason;

(e) the loss of profits, loss of opportunity, business interruption or loss or corruption of data or information from the use of the Website.

13.2 Where liability cannot be excluded, any liability incurred by us in relation to the use of the Website or its contents is limited as provided under the Competition and Consumer Act 2010 (Cth).

13.3 You indemnify and agree to keep us indemnified against any loss or damage or costs incurred by us in connection with any breach of the Terms of Use or of any other legal obligation by you or your use of, or conduct on, the Website.

14. Privacy

14.1 You acknowledge that information about you, including information provided upon becoming a Registered User will be held by us in accordance with our Privacy Policy.

15. General

15.1 We reserve the right to amend, modify, add, delete and make corrections to the Terms of Use at any time and such amendment will be effective immediately upon appearing on the Website. Please ensure that you review these Terms of Use regularly as your continued use of the Website will be deemed acceptance to any variation of the Terms of Use.

15.2 If any part of the Terms of Use are determined to be illegal, invalid or otherwise unenforceable or void that part shall be severed to the extent necessary and the remainder of the Terms of Use shall continue in full force and effect.

15.3 No waiver of any breach of the Terms of Use will be construed as a waiver of any other breach of the Terms of Use.

15.4 The Terms of Use are governed by and construed in accordance with the laws of the State of Victoria, Australia and any claim made by either party against the other which in any way arises out of the Terms of Use will be heard in Victoria, Australia and you agree to submit to the jurisdiction of those courts.

15.5 For further information on using our Website, please contact us at support@itsmycall.com.au