Version 2.0
Last Updated: 21st September 2009
LinkMe Pty Limited (ABN 95 111 132 953) (we, us, LinkMe and other similar expressions) welcomes you, the viewer of our Internet web site at http://www.linkme.com.au/ or its related sites such as linkme.com and linkme.co.nz (Site).
Acceptance of terms
We provide the Site subject to these Terms of Use. Before you access the Site, it is important that you read, understand, and agree to these Terms of Use. Please help us keep the Site clean. If you see anything that violates these Terms of Use, please send details to us here.
Privacy statement and personal information
You agree that we may collect, use and disclose information about you and send emails to the email addresses which you provide to us in accordance with our Privacy Statement unless you tell us that you object. Our Privacy Statement, is available online for you to read or print out. To see our Privacy Statement go here. If you object to us collecting, using or disclosing information about you then, depending upon your objection, we may not be able to provide services to you.
You also agree to obtain consents from and make disclosures to third parties before providing us with information about them (including without limitation email addresses) in accordance with the Privacy Statement
If you have questions or comments about privacy or wish to make an access request or objection, please contact us.
Varying these terms
We may change these Terms of Use. We will give you reasonable notice of any changes that are adverse to you (such as an increase in the fees we charge you, or a change that imposes additional obligations on you). It is important that you regularly review the most up to date version of these Terms of Use, as they will be the terms on which you access the Site at any time.
Description of the LinkMe service
The LinkMe service, provided through the Site, is a business networking interface which allows users to network and communicate with other users / members within the context of making new business contacts, finding business resources, finding business based information, and communicating with these contacts in order to secure employment, and allow the creation of personnel and professional profiles.
This same interface also allows employers and recruiters to search the LinkMe database and contact potential candidates.
Intended use
The LinkMe service is intended to be used by the following types of users:
- Recruiters and employers to source and contact candidates for potential employment only (Recruiters). Recruiters must not use the LinkMe service for any other purpose.
- People either in the workforce or seeking work to establish career networks, source potential employment opportunities, develop their own network of contacts and manage and advance their careers (Members).
- Advertisers to contact or market to Members and Recruiters (Advertisers).
The LinkMe service is provided for users who are at least 16 years of age.
Use of the LinkMe service
We may refuse the LinkMe service to a user at our discretion, or delete any content that in our sole judgment breaches this agreement.
You are responsible for the security of your username and password to log on to the Site and for the consequences of its use by a third party. If you believe that your username and password is being used by someone else please contact us immediately.
Account suspension
Accounts are not to be transferred and users must not maintain more than one account with LinkMe.
We may, with or without cause, suspend your account and access to the LinkMe service. Circumstances in which we may suspend your access to the LinkMe service include, without limitation:
- your breach of these Terms of Use;
- any faults, service outages and or other technical problems that inhibit our ability to deliver the LinkMe service;
- a request to suspend your access received from the police or some other law enforcement agency; or
- if you do not use the LinkMe service for an extended period.
We will give you reasonable notice prior to suspending your account, except in cases where immediate suspension is necessary because of technical problems, a legal or regulatory requirement, or because you have abused the LinkMe service. If we suspend your access to the LinkMe service we are not to the extent permitted by law, liable for any loss or damage suffered by you or any other party.
Prohibited conduct
You must not do any of the following when you use the LinkMe service or access the Site:
- attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of the Site;
- take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure, including but not limited to "spam" or other such unsolicited mass e-mailing techniques;
- use the Site for any purpose that is unlawful or prohibited by these Terms of Use, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, profane or spam material;
- mislead or deceive others through any act or omission or make a false representation about your identity, including the impersonation of a real or fictitious person or using an alternative identity or pseudonym;
- transfer content which contravenes a confidentiality or non disclosure agreement, insider trading laws, intellectual property rights or which you are not authorised to transfer to another party;
- conduct any activity which compromises or breaches another party's patent rights, trademark, copyright or other intellectual property rights;
- copy, collect or save information about other users including but not limited to user details, skills, employment or education history;
- publish advertising material of any kind or market any goods or services directly to other users;
- introduce any virus, worm, Trojan horse, malicious code or other program which may damage computers or other computer based equipment to the Site or to other users;
- stalk or harass anyone;
- attempt to disrupt or interfere with the delivery of the LinkMe service or the services of our partners and clients;
- use the details of other users for anything other than the use expressly permitted by those users;
- download, access, use, harvest or download in bulk user or Member details or resumes other than to fill vacant positions or as otherwise explicitly permitted by LinkMe in writing;
- sell, redistribute or use information contained on the LinkMe Site for a commercial purpose without LinkMe's prior written consent;
- pass on user name and password information to anyone other than the authorised member/ customer of that account; or
- allow a single LinkMe database access licence to be used more than once at the same time.
We make no representation that the content available on or through the Site is appropriate or available for use outside the Commonwealth of Australia. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with their local laws, if and to the extent applicable.
Client information
The LinkMe service by its nature offers specific user information to other Members and potentially to Recruiters. You grant us a perpetual and irrevocable licence to use and disclose your information to other users. You acknowledge that LinkMe may reproduce, distribute, transmit, republish, modify to create derivative works from or publicly display this user information or any materials or other information that you transmit to LinkMe including all, search requests text and blog information submitted to the Site. We will only disclose your information to others in accordance with any applicable privacy laws and we can provide you with options about the sharing of your personal information (see the LinkMe Privacy Statement)
You represent and warrant that you own the contents posted by you on the Site or otherwise have the right to grant the licence set forth in this section and that posting your content on or through the Site does not violate any privacy laws or any other rights of any other person.
We may reformat, excerpt, or translate any materials submitted by you. All the information that you submit for publication or that you email to others using the LinkMe service is your sole responsibility. We are not liable for any errors or omissions in any information which we hold on your behalf or on behalf of other users or which passes through the Site during the course of user interaction – e.g. networking.
We make no representation nor give any guarantee about –
- the identity of any other user with whom you may interact in the course of using the LinkMe Service;
- the authenticity of any data which you or any other user may submit for publication on the Site; or
- the suitability or accuracy of matching of any Member for a particular purpose.
Access to service
Crawling or Spider-ing of LinkMe content is prohibited as is framing or providing unauthorised interfaces to LinkMe applications. Pages are coded in order to protect users from either of these activities.
Monitoring and enforcement
We are not able to control and actively monitor content at all times. Despite our efforts, you may be exposed to objectionable content and we urge users to contact our customer service department here in order to report objectionable content.
If we suspect that you are responsible for submitting objectionable content for publication on the Site, your access to the Site and the LinkMe service may be suspended. However, we are not obliged to take any action against those responsible for objectionable content.
If we suspend your access to the LinkMe service we are not liable for any loss or damage suffered by you or any other party.
Fees
Not all users of the LinkMe service incur fees. Unless stated otherwise, any fees charged and processed are in Australian Dollars (AUD).
You may incur fees depending on the type of LinkMe service you use. Details of the fees that are currently charged are set out in our pricing pages on the Site.
Where fees are payable by you to us and a payment is more than 30 days overdue, then where there are subsequent fees to be paid by you to us, then the total of future amounts owing to us becomes payable immediately.
All fees are subject to change at any time.
Customer Service Policy
We are committed to providing exceptional customer service and quality products. We endeavour to make sure that all products listed on our website are currently available and pricing is true and correct. In the event that an ordered item is not available or we are unable to fulfil your order we will notify you within 2 business days to arrange an agreeable alternative item, a backorder or a full refund.
Refund Policy
Please choose carefully. We do not normally give refunds if you simply change your mind or make a wrong decision. You can choose between a refund, exchange or credit where goods are faulty, have been materially wrongly described, are materially different to the product purchased on the website or doesn't do what it is supposed to do.
Security Policy
When purchasing from us your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology. 128-bit SSL encryption is the industry standard. If you have any questions regarding our security policy, please contact Member Services.
Trade marks
Our name and other trade marks, including the distinctive LinkMe logo, which appears on the Site, are our trade marks or the trade marks of other third parties (Trade Marks).
Nothing contained on the Site is to be construed as granting, by implication, estoppel, or otherwise, any licence or right to display, use or link to the Trade Marks, whether registered or unregistered, without our prior written permission or the prior written permission of the relevant third party owner.
Your use of the Trade Marks, except as permitted in these Terms of Use, is strictly prohibited.
Software
The software used in connection with the Site is protected by copyright and/or other intellectual property rights (which are governed by Australian and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes).
The software is owned and controlled by us or our licensors. We grant you a personal, non-transferable and non-exclusive licence to use the software on a single computer solely for the purpose of using the LinkMe services, subject to these Terms of Use. We may terminate the licence at any time without cause or notice to you.
You must not access the Site by any means other than through the home page interface that is provided by us for use in accessing the Site at http://www.linkme.com.au or any other site notified to you by us.
Limitation of liability
IMPORTANT NOTICE: Terms, conditions and warranties implied by law which cannot be excluded, restricted or modified apply to these Terms of Use to the extent required by that law.
We exclude to the extent permitted by law all other terms, conditions and warranties which might be implied into these Terms of Use.
Our liability for any terms, condition or warranty which cannot be excluded at law, is limited at out option to, in relation to services we supply:
- supplying the services again; or
- payment of the cost of having the services supplied again.
You do not rely on any representation, warranty or other provision made by us or on our behalf which is not expressly stated in these Terms of Use.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Subject to any form of liability otherwise implied by law, our total cumulative liability to you shall not exceed AUD$100.
Release & indemnity
To the extent permitted by law, you release us from any liability to you for any loss or damage suffered by you arising from or related to our supply or non-supply of services to you.
To the extent permitted by law, you indemnify us from any claim made by a third party against us for any loss or damage suffered by a third party arising from or related to our supply of services to you. For the purposes of these Terms of Use –
- the expression loss or damage includes, but is not limited to, loss or damage caused by the loss of or damage to property, personal injury or death, damage to reputation or goodwill, as well as direct and indirect or consequential costs, losses, expenses, lost profits and lost savings; and
- the expression the supply or non-supply of services includes, but is not limited to an act or omission that constitutes or results in negligence, or other tort, or in a breach or alleged breach of contract or statutory duty.
Disclaimer
You agree that -
- your use of the Site and associated software, and any content downloaded or otherwise obtained through the use of the Site, is done at your own discretion and risk;
- you are solely responsible for any damage to your computer system or loss of data that results from the download of content available on or through the Site or use of the associated software;
- the Site is provided on an "as is" and "as available" basis;
- to the extent permitted by law, we disclaim all warranties of any kind in relation to use of the Site and content on or accessible from the Site, whether express or implied, including without limitation all implied warranties of merchantability, fitness for a particular purpose and non-infringement; and
- We make no warranty that:
- the Site or LinkMe service will meet your requirements;
- the Site or LinkMe service will be uninterrupted, timely, secure, or error-free;
- results that may be obtained from the use of the Site or LinkMe service will be accurate, correct or reliable;
- the quality of any goods, services, information or other material purchased or obtained on the Site or through the LinkMe service will meet your expectations;
- any errors in the software or information on or available through the Site will be corrected; or
- where you have elected to be anonymous (passive) our software will succeed in keeping your identity anonymous.
- no advice or information, whether oral or written, obtained by you from us or accessible from the Site creates any warranty not expressly stated in these Terms of Use;
- if your account is terminated by us due to your prohibited conduct or other breach you commit of these Terms of Use then you shall forfeit any payments already made or owing for access to the LinkMe database without refund or recourse. You acknowledge that such damages are a genuine pre estimate of the losses LinkMe may suffer due to such prohibited conduct or other breach and are reasonable. LinkMe has ownership, copyright, full rights of use and re-publication of all search and profiling information entered and returned by users of the Site.
Recruiter Access
Where we provide you with paid services (Services) you will acquire the Services from us for the Fee.
We will provide the Services with due care and skill, but do not guarantee that they will be continuous or fault free.
In exercising your rights and performing your obligations under these terms and conditions, you must at all times comply with the Australian Privacy Laws, whether or not you are bound by such laws.
We reserve the right to suspend the provision of the Services without liability to you if you are in default of any payment owing to us.
Member Referrals
Where we have separately agreed to pay you a referral fee (Referral Fee) for people you refer to us who become Members we will make commission payments to you in arrears within 30 days from the end of each quarter or within 30 days of you ceasing to receive the Services. We will also provide you with code to track the number of referrals.
Subject to clause 6.3, LinkMe will pay the Referral Fee to the Customer for each new member referred to LinkMe who registers with LinkMe via either a direct email to the Customer’s database or via rejection emails.
We will however only pay you the Referral Fee if the total Referral Fees owing for a quarter is AUD $25 (plus GST) or more. If the total Referral Fees for a quarter is less than $25 (plus GST), We will carry over that amount to the next quarter.
Fees and Payment
The Customer will pay LinkMe the Fee specified in the Agreement Details, and in the manner specified in the Agreement Details, for the provision of the Services and any Third Party Products upon receipt of the relevant invoice.
The Fee may be varied from time to time by agreement in writing between the parties.
LinkMe reserves the right to withhold initial access to the Service until receipt of the first payment.
If full payment or part thereof is not received by a due date, a late charge of one and one-half percent (1.5%) per month (eighteen percent (18%) per year) of all unpaid amounts will be payable by the Customer.
The Customer agrees to pay all fees, costs and liabilities in any way related to the recovery of overdue amounts including but not limited to costs relating to collection agencies, legal costs, postage, photocopying and administration time.
GST
If one party (supplying party) makes a taxable supply and the consideration for that supply does not expressly include GST, the party that is liable to provide the consideration (receiving party) must also pay an amount equal to the GST payable by the supplying party.
Subject to first receiving a tax invoice, the receiving party must pay the GST amount when it is liable to provide the consideration.
If one party must indemnify or reimburse another party (payee) for any loss or expense incurred by the payee, the required payment does not include any amount which the payee (or an entity that is in the same GST group as the payee) is entitled to claim as an input tax credit, but will be increased under clause 8.1 if the payment is consideration for a taxable supply.
Confidentiality and Privacy
Each party must treat as Confidential Information:
- the provisions of this Agreement; and
- all information provided by the other party under this Agreement, unless that information is Excluded Information.
A party must not disclose the other party's Confidential Information to any person except:
- its employees, contractors, professional advisors and auditors on a "need to know" basis provided those persons first agree to observe the confidentiality of the information;
- with the other party's written consent;
- if required by law or any stock exchange on which its securities are listed; or
- if it is in the public domain.
Termination
If a party commits a material breach and does not remedy the breach within 30 days of receiving a written notice to do so, then the other party may terminate this Agreement.
LinkMe may terminate this Agreement immediately by written notice to the Customer and recover any loss or damage suffered if the Customer:
- becomes insolvent;
- breaches the "Prohibited conduct" section of LinkMe Terms and Conditions; or
- breaches a term of this Agreement and that breach:
- is not capable of being cured; or
- is capable of being cured and the Customer fails to cure the breach within 5 Business Days of being notified in writing of the breach by LinkMe.
If LinkMe is providing Third Party Products to the Customer and LinkMe's arrangement with the Third Party terminates or expires, LinkMe (at its option):
- may replace the Third Party Products with products similar to the Third Party Products but on the basis of the LinkMe Terms and Conditions from the time of replacement onwards for the duration of the Contract Period; or
- will use best endeavours to assist the Customer in obtaining the same or similar products to the Third Party Products from either the Third Party or another supplier; or
- may cease to provide the Third Party Products to the Customer. For the avoidance of doubt, LinkMe will continue to provide the LinkMe Products on the terms of this Agreement.
The Customer may terminate automatic renewal of this Agreement into a successive Contract Period by providing written notice to LinkMe at least 30 days prior to the End Date of the current Contract Period.
In the event that LinkMe changes terms, products or pricing in accordance with clause 12.9, the Customer may terminate automatic renewal of this Agreement into a successive Contract Period by providing written notice to LinkMe prior to the End Date of the current Contract Period.
Notices
All notices and consents must be in writing signed by the sender's contact person, marked to the attention of the recipient's contact person and sent to the fax number for notices specified in the Agreement Details or as otherwise notified.
Notices sent by fax are taken to be received when the sender's fax machine issues a successful transmission report.
General
Governing law
This Agreement is governed by the laws of the State of Victoria. Each party submits to the non exclusive jurisdiction of the courts of Victoria and the courts of appeal from them.
Assignment
The Customer must not assign its rights or novate its rights and obligations under this Agreement without LinkMe's prior written consent, which must not be unreasonably withheld.
Severability
If any clause or part of any clause is held by a court to be invalid or unenforceable, that clause or part of that clause is regarded as having been deleted from this Agreement and this Agreement otherwise remains in full force and effect.
Entire Agreement
Subject to clause 2.1, this Agreement constitutes the entire agreement between the parties about its subject matter and supersedes any previous understanding, agreement, representation or warranty relating to this subject matter.
Rights cumulative
The rights and remedies provided in this Agreement are in addition to other rights and remedies given by law independently of this Agreement.
Variation and waiver
With the exception of any variation to LinkMe Terms and Conditions or Third Party Terms and Conditions, this Agreement may only be varied by written agreement between the parties.
A right created by this Agreement may only be waived in writing by the party giving the waiver and the failure to exercise or any delay in exercising a right or remedy provided by this Agreement or by law does not waive the right or remedy.
A waiver of a breach of this Agreement does not waive any other breach.
LinkMe may vary any terms, products or pricing applicable to a successive period of this Agreement by written notice to the Customer via email or in accordance with Section 11 prior to the End Date of the current period.
Continuing rights and obligations
The rights and obligations under clauses 7, 8, 9 and this clause 12 continue in full force and effect after this Agreement ends.
All rights that a party has accrued during the Contract Period continue after the expiry or termination of the Agreement.
Counterparts
This Agreement may consist of a number of copies, each signed by one or more parties to the Agreement. If so, the signed copies are treated as making up one document and the date on which the last counterpart was executed will be the date of the Agreement.
Interpretation
Definition
These meanings apply unless the contrary intention appears:
- Additional Contract Period means the period of time that the contract extends to cover as a result of the automatic renewal of this Agreement
- Additional Licensed User means each user provided access to the Services in addition to the Licensed User.
- Additional Services means those additional services set out in the Agreement Details.
- Additional Terms means those additional terms set out in the Agreement Details.
- Agreement means these terms and conditions and the Agreement Details.
- Agreement Details means the cover page to these terms and conditions which contains certain specific details relating to this Agreement.
- Business Day means a day other than a Saturday, Sunday or public holiday in Melbourne, Australia.
- Candidate Contact Details means the name and contact details of a candidate in the Resume Database.
- Confidential Information means all confidential information, non public or proprietary information regardless of how the information is stored or delivered, exchanged between the parties before, on or after the date of this Agreement relating to the business, technology, customers or other affairs of the disclosing party.
- Contract Period means the period of time from and including the Start Date to the End Date, as set out in the Agreement Details.
- Embedded Job Board means a customised hyperlink provided by LinkMe to the Customer to enable Customer job ads to be viewed on the Customer’s career page of their website.
- Excluded Information means Confidential Information which:
- is in or becomes part of the public domain other than through the breach of this Agreement or an obligation of confidence owed to the disclosing party; or
- the recipient can prove by all contemporaneous written documentation it was already known to it at the time of disclosure by the disclosing party, unless such knowledge arose from disclosure of information in breach of an obligation of confidentiality; or
- the recipient acquires from a source other than the disclosing party or any Related Entity or Representative of the disclosing party where such source is entitled to disclose it.
- Fee means the amount specified in the Agreement Details, or if not specified, means the prices:
- for the Services and Additional Services set out on the Website under the heading "Pricing Plans"; and/or
- for Third Party Products set out on the Third Party Website, on the Start Date of the Contract Period.
- Licensed User means the user or users, provided access to the Services under this Agreement.
- LinkMe Induction Training means the training provided by LinkMe or its nominee aimed at enabling the trainee to use the Website which LinkMe may provide in the manner, and for such time, LinkMe deems appropriate, including without limitation, by teleconference, remote access, group sessions or face-to-face.
- LinkMe Terms and Conditions means the terms and conditions of use of LinkMe's Website and LinkMe's Privacy Policy (as amended from time to time) both set out on the Website.
- Privacy Laws means the Privacy Act 1988 (Cth), Spam Act 2003 (Cth), Telecommunications Act 1997 (Cth), LinkMe's Privacy Statement issued by LinkMe from time to time (available on the Website) and any other legislation, principles, industry codes and policies relating to the handling of Personal Information (as defined by the Privacy Act 1988 (Cth)).
- Resume Database means the database of resumes of candidates stored on the Website, but excludes Candidate Contact Details.
- Services means the services as set out in the Agreement Details.
- Third Party means the wholesale supplier of the Third Party Products.
- Third Party Products means a product or service provided by LinkMe as a reseller to the Customer as set out in the Agreement Details, but to avoid doubt, does not include the Services.
- Third Party Terms and Conditions means the terms and conditions of use of the Third Party Products and any privacy policy of the Third Party (each as amended from time to time) both set out on the Third Party Website.
- Third Party Website means the website the address of which is set out in the Agreement Details.
- Website means www.linkme.com.au.
Interpretation
In this Agreement:
- a reference to a document, including this Agreement, includes all its parts, and includes any amendment to or replacement of it;
- a reference to a statute, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
- a reference to a person, including a party to this Agreement, includes a reference to that person's executors, administrators, successors and assigns;
- the singular includes the plural and vice versa;
- "includes", "including", "for example", "such as" and similar terms are not words of limitation;
- a reference to a party's contact person is the person who is specified, or whose title is specified, on the front page of this Agreement as the contact person for that party or such other person who has authority to act for a party for the purposes of this Agreement or who is otherwise notified as being the party's contact person;
- Australian dollars, dollars, a A$ or $ is a reference to the lawful currency of Australia;
- terms used that are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the meaning given in that Act, unless the context makes it clear that a different meaning is intended; and
- consideration includes non-monetary consideration, in respect of which the parties must agree on a market value, acting reasonably.
Entire agreement
These Terms of Use constitute the entire agreement between you and us and governs your use of the LinkMe Service, superseding any prior agreements between you and us.
Governing law
The law of the State of Victoria governs these Terms of Use. Each party submits to the non-exclusive jurisdiction of the courts in the State of Victoria, Australia.
