TERMS AND CONDITIONS:
Definitions and Interpretation
Australian Consumer Law means schedule 2 to the Competition and Consumer Act 2010 (Cth).
Business Day means Monday – Friday excluding public holidays in Melbourne.
Business Hours means 9:00am – 5:00pm on Business Days.
Consultant means a person who, or entity on behalf of which a person, registers an account on this Website as a “Consultant”, and which registration is accepted by Us.
Employer means an entity on behalf of which a person registers an account on this Website as an “Employer”, and which registration is accepted by Us.
GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth)).
Intellectual Property Rights means all copyright, trademark rights, patent rights, and design rights, whether registered or unregistered, and all other rights to intellectual property as defined under article 2 of the convention establishing the World Intellectual Property Organization, and all rights to enforce any of the foregoing rights.
Licence means as set out in clause 2.1 (as supplemented by clause 4.2 if You register on the Website).
Member Data means as set out in clause 5.1.
Member Services means as set out in the Services Description.
Moral Rights has the meaning given in the Copyright Act 1968 (Cth).
Non-Excludable Guarantee means a non-excludable guarantee implied by the Australian Consumer Law.
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
Personal Property Securities Register means the Personal Property Securities Register established under the Personal Property Securities Act 2009 (Cth).
Services Description means the contents of the webpage set out at [insert link to services description page].
“We”, “Our” and “Us” means Milestone Information Technology Pty Limited ABN 29 104 544 149 of Level 10, 401 Docklands Drv, Docklands, Victoria, 3008 Australia.
“Website” means the website, the homepage URL of which is specified above and also includes the Member Services and any content, images, text and other information appearing on any page of the Website and any source code and object code in the Website, plus any database which forms part of or which the Website interacts with.
“You” means you, the person who accesses this Website for any reason, whether or not You are a Member of the Website.
Currency refers to Australian Dollars.
A reference to a statute or regulation includes amendments thereto.
A reference to a subclause or paragraph is a reference to the subclause or paragraph in the clause in which the reference is made.
A reference to time is to time in Melbourne.
A reference to a person includes a reference to an individual, a partnership, a company, a joint venture, government body, government department, and any other legal entity.
The words “includes”, “including” and similar expressions are not words of limitation.
Licence to be granted to access and browse the Website
We hereby grant You a limited, non-transferable, non-exclusive, non-assignable, non-sublicensable, revocable licence to access and browse the Website for personal, non-commercial purposes only (the “Licence”).
You acknowledge and agree that the Licence does not give You any right to access the Member Services unless you have registered for the Member Services.
We can engage and subcontract to the Employer for a limited amount of time, in exchange for an hourly rate payable to Us for the services to be provided by the Consultant on Our behalf to the Employer; and/or
the Employer may be able to employ; and
for users that register as a Consultant, the ability to upload a resume, video, and contact details and be added to the database of potential consultants referred to in clause 3.1(a).
The provisions of paragraph 3.1 are a summary only. The Member Services are comprehensively described in Our Services Description.
We reserve the right to accept or reject any person’s registration on the Website in Our absolute discretion.
warrant that during the registration process You will provide truthful and accurate information only;
if You are registering on behalf of a business entity (such as a corporation), You warrant that You are registering on the Website on behalf of and with the authority and consent of the business entity, the name and details of which You enter during registration;
You must ensure, without limiting clause 3.4, that You provide a valid email address at the time of registration.
We reserve the right to send an email to You with a hyperlink that requires You to verify that You are the owner or operator of the email address entered by You during registration and to cancel/not approve Your registration on this Website if (without limitation) Your rights to the email address are not so verified.
If any of Your contact details or other information which You provide during the registration process changes, You must promptly update Your registration details on the Website with Your up-to-date details and information.
You must not provide Your account name or password for Your account on this Website to any person. You agree and acknowledge that You shall be solely responsible for the confidentiality of Your username and password and any use of Your registered account (including unauthorised use) on this Website.
You must immediately notify Us if You become aware of any unauthorised use of Your account on this Website.
You agree and acknowledge that if You become a Member the Licence granted to You pursuant to clause 2.1 shall also include a non-exclusive, non-assignable, non-sublicensable, revocable right granted to You, and if You register on behalf of a business entity, the business entity (the name and details of which You enter during registration) to access the Member Services, for the purposes expressly described in the Services Description.
While no fees are payable to register on the Website, each Member must pay the fees and charges set out in the Additional Terms (or as otherwise agreed between You and Us in writing) in accordance with the Additional Terms (“Service Charges”) at the time and in the manner set out in the Additional Terms, plus any applicable GST.
You must pay all costs associated with accessing the Website, including internet access costs, web browser and computer and smartphone equipment costs, telecommunications costs, data costs, roaming charges and, if you are a Member, Service Charges.
Responsibility for and ownership of Member Data
If You are a Member, We agree that as between Us and You, You own all data that You transmit through or upload into the Member Services ( “Member Data”). For example, if You register on Our Website as a Consultant, then You own any video and résumé that You upload to Our Website.
You agree and acknowledge that:
the Member Services and/or Member Data may be hosted by Us or Our suppliers on hardware or infrastructure located in or outside Australia; and
We may not own or operate the infrastructure upon which the Member Services and/or the Member Data is hosted.
Each time a Member uses the Member Services the Member warrants, agrees and represents that:
it will only upload , input and transfer Member Data into and/or via the Member Services or disclose Member Data to Us, which the Member is fully entitled and authorised to upload, input, transfer and disclose; and
the Member Data and Our collection, use, storage and/or disclosure thereof in the course of performing the Member Services, will not breach any applicable law or right of any person.
You license Us on an irrevocable, non-exclusive, royalty-free, worldwide basis to publish your Member Data on the Website and anywhere else we deem appropriate for our business purposes.
Each Member is solely responsible for the accuracy, legality and quality of all its Member Data and for obtaining any permissions, licences, rights and authorisations necessary for Us to use, host, transmit, store and disclose the Member Data in connection with the provision of the Member Services.
Except in respect of any Non-Excludable Guarantee, You agree that You, not Us, are solely responsible for backing up and archiving all Member Data, and You waive any rights that You would otherwise have against Us in respect of any such matters.
Except in respect of any Non-Excludable Guarantee, You agree that We are not responsible for any loss, corruption or hacking of any Member Data, and You waive any rights that You would otherwise have against Us in respect of any such matters.
Except in respect of any Non-Excludable Guarantee, if You specify during registration as a Consultant that You wish for Us to prevent access to Your Member Data (such as Your contact details or resume) to any specific Employer or categories of Employers, You acknowledge that We will not be liable to You for any failure to comply with that request:
for any reason beyond Our reasonable control, such as, where due to a technical malfunction of Our Website; and/or
if for any reason We decide that it is in Our reasonable commercial interests to supply the Member Data to any such Employers,
and You irrevocably waive any rights that You would otherwise have against Us, and hereby release Us, in respect of any such matters.
You indemnify Us in respect of any loss and damage We or any of Our suppliers incur in respect of any claim that any of the Member Data is lost, unavailable or corrupted or the transmission, storage, disclosure, hacking or access of any Member Data infringes the Intellectual Property Rights or other rights of any person or breaches any law, regulation, code or standard.
Availability of Member Services
While You are a Member of the Website, We agree to use Our best endeavours to procure hosting of the Member Services and the Member Data and to ensure that the Website and Member Services are available at least 75% of the time (calculated monthly).
You agree and acknowledge that the accessibility and use of the Website, Member Services and the Member Data hosted by the Member Services is highly dependent on the proper function of the Internet and any other computer and telecommunications networks and infrastructure upon which the Website and/or Member Services and/or Member Data operate, interface with or connect to.
Except in respect of any Non-Excludable Guarantee, We do not guarantee that the Website, Member Services or Member Data or access thereto will be uninterrupted or error-free and You release and indemnify Us in respect of any loss and damage we may incur and/or claims and/or complaints You or your customers may have against Us in respect of any interruption, error or unavailability of the Member Services or any Member Data.
You may not make any use of the Website except as expressly permitted by the Licence and may not do or authorise the commission of any act that would or might invalidate or be inconsistent with Our Intellectual Property Rights in the Website. Without limiting the foregoing provisions of the Licence, You must not, under any circumstances, sell or resell access to the Website or scrape, republish, mirror or otherwise rent, lend, lease, sell, redistribute, sublicence, copy or duplicate the Website or any content You obtain via the Website. In addition, You must not, nor may You permit any person to:
copy, alter, modify, adapt, reproduce, republish, frame, translate, reverse assemble, reverse engineer, reverse compile, transfer, sell, license, create derivative works from or enhance the Website and/or any content in the Website (except as expressly permitted by the Copyright Act 1968 (Cth));
do any act that would or might invalidate or be inconsistent with Our Intellectual Property Rights or those of Our licensors;
use the Website in any way that infringes Our rights or the rights of any third party; or
take any steps to circumvent any technological protection measure or security measures in the Website.
You must not use the Website or any part of the Website in any way which is in breach of any statute, regulation, law or legal right of any person.
You agree that:
using the Website to violate all or any legal rights of any person or company or other entity in any jurisdiction is strictly prohibited;
using the Website in relation to crimes such as theft and fraud is strictly prohibited;
using the Website in breach of laws relating to the protection of copyright, trade secrets, patents or other intellectual property and laws relating to spam or privacy and whether such violation is by way of the installation or distribution of "pirated” software or otherwise, is strictly prohibited;
introduction of malicious programs into Our network or servers (e.g., viruses, worms, Trojan horses, e-mail bombs) is strictly prohibited;
revealing Your account password to others or allowing use of Your account on the Website by others is strictly prohibited;
using another person’s name, username or password or otherwise attempting to gain access to the account of any other person is strictly prohibited;
using the Website to make fraudulent offers of goods or services is strictly prohibited;
using the Website to carry out security breaches or disruptions of network communication is strictly prohibited. Security breaches include, but are not limited to, accessing data of which You are not an intended recipient or logging into a server or account that You are not expressly authorized to access or corrupting any data. For the purposes of this paragraph, "security breaches" includes, but is not limited to, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes;
using the Website to execute any form of network monitoring which will intercept data not intended for You is strictly prohibited;
using the Website to circumvent user authentication or security of any of Our hosts, networks or accounts or those of Our customers or suppliers is strictly prohibited;
using the Website to interfere with or deny service to anyone is strictly prohibited;
using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, any person’s use of the Website is strictly prohibited;
sending unsolicited email messages through or to users of the Website in breach of the Spam Act 2003 is strictly prohibited;
using the Website to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages is strictly prohibited; and
use of the Website in breach of any person’s privacy (such as by way of identity theft or "phishing") is strictly prohibited.
Intellectual Property Rights
As between You and Us, except in respect of Your Member Data (if You are a Member of Our Website), We own all Intellectual Property Rights in the Website.
You have no rights in the Website or in any part of it or in any modification or enhancement thereof, other than the rights temporarily granted to You pursuant to the Licence.
Other than in respect of Your Member Data, You agree that any Intellectual Property Rights in any content that You upload or post to the Website or otherwise provide to Us (such as feedback that You may provide to Us in connection with the Website or requests for new features (“Feedback”) becomes Our sole and exclusive property immediately upon You uploading or posting that Feedback to Our Website, and You hereby agree to assign all Intellectual Property Rights in all and any such Feedback to Us effective as soon as You provide the Feedback to Us or upload or post the Feedback to the Website, pursuant to section 197 of the Copyright Act 1968 (Cth) and in equity. You waive all Moral Rights that You may have to any Feedback and consent to Us and any third party We authorise to infringing all and any such Moral Rights in Our absolute discretion.
You must not take any step to invalidate or prejudice Our (or Our licensors’) Intellectual Property Rights in the Website or otherwise take any action that Would prevent Us operating Our Website in the usual course. Without limiting the foregoing provisions, You must not register any security interest or purchase money security interest on the Personal Property Securities Register, or otherwise encumber or charge Your rights in respect of the Member Data or under the Licence.
Responsibility for other users
We do not accept responsibility for the conduct of any users of Our Website.
Any dispute You have with another user of Our Website is between You and the other user. You release Us from any claims that You may otherwise have against Us in relation to any conduct of any user of Our Website and in respect of any content uploaded by or on behalf of any user to Our Website. Without limiting the foregoing provisions of this clause, We do not claim to have verified any resume or other details of any Consultant whose Member Data You may view, meet, be introduced to, employ, or who may work on Our behalf for You.
We check content entered into or uploaded into the Website from time to time, but We do not review or moderate all content. If We become aware of content that breaches our Acceptable Use Policy (see clause 8) We may:
remove the content and send an email to the person who uploaded or entered it explaining why it was removed;
issue a notice to the user warning the user that repeat infringement may result in termination of the user’s account on Our Website and/or removal of the user’s Member Data from Our Website; and/or
terminate the user’s account on Our Website,
without limitation to any other rights that We may have.
Responsibility for third party claims
You agree and acknowledge that You are solely responsible for and You indemnify Us in respect of any loss and damage We may incur in connection with any claims and/or complaints made by any of person where the claim is caused directly or indirectly by:
Your use of the Website;
Your goods and/or services and/or your advertising and/or sales and/or marketing practices;
matters relating to working conditions;
matters relating to employment benefits;
matters relating to occupational health and safety matters;
matters relating to breach of any contract of employment,
unless and to the extent directly caused by Us.
We do not represent, recommend or endorse any websites to which We have linked from the Website via hyperlink or otherwise.
Except in respect of any Non-Excludable Guarantees, We do not represent that the information on this Website is accurate, correct, up-to-date or error free.
The information on this Website is not professional advice. You agree that You will seek all appropriate financial, legal and other advice as applicable before relying on any information that You view on this Website.
Except in respect of any Non-Excludable Guarantees, neither party is liable to the other party for any indirect, special or consequential loss or damage incurred by the other party, including liability for loss of profits, loss of business opportunity, loss of savings, or loss of data.
Our liability to You is limited to the maximum extent permissible by law.
Any goods and services supplied by Us through the Website (which for the avoidance of doubt, includes the Member Services supplied by Us, but does not include goods or services supplied by any user or Member of the Website to any person) may come with implied non-excludable guarantees which are regulated by the Australian Consumer Law. The extent of the implied guarantees depends on whether You are a ‘consumer’ of goods or services within the meaning of that term pursuant to the Australian Consumer Law as amended. Where You are a ‘consumer’ for the purposes of the Australian Consumer Law, We are required to provide the following mandatory statement to You: “Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”
If the goods or services supplied by Us to You are supplied to You in Your capacity as a 'consumer' of goods or services within the meaning of that term in the Australian Consumer Law as amended You will have the benefit of certain non-excludable guarantees in respect of the goods or services and nothing in these terms and conditions excludes or restricts or modifies any guarantee which pursuant to the Competition and Consumer Act 2010 (Cth) is so conferred. However, if the goods or services are subject to a non-excludable guarantee, implied by the Australian Consumer Law and the goods or services are not ordinarily acquired for personal, domestic or household use or consumption, then pursuant to s 64A of the Australian Consumer Law, We limit Our liability for breach of any such non-excludable guarantee implied by the Australian Consumer Law (other than a guarantee implied by sections 51, 52 or 53 of the Australian Consumer Law) or expressly given by Us to You, in respect of each of the goods and services, where it is fair and reasonable to do so, at Our option, to one or more of the following:
if the breach relates to 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 of acquiring equivalent goods; or
the payment of the cost of having the goods repaired; and
if the breach relates to services:
the supplying of the services again; or
the payment of the cost of having the services supplied again.
Upon receipt of a valid claim from You under any non-excludable guarantee implied by the Australian Consumer Law, We will contact You to arrange a suitable remedy. You may claim reasonable expenses incurred in making a valid claim under such a guarantee by providing documentary evidence of the expenses to Us. You will be responsible for any expenses incurred in relation to an invalid claim. Where We elect to repair goods the subject of a valid claim, You agree that the goods may be replaced by refurbished goods of the same type rather than being repaired and refurbished parts may be used to repair goods. You acknowledge that where the goods are repaired and are capable of retaining user-generated data, it is possible that the repair of the goods may result in loss of data.
Any warranty against defects provided by Us to You in Your capacity as a ‘consumer’ under the Australian Consumer Law is in addition to Your other rights and remedies under a law in relation to the goods or services to which the warranty relates.
We may take down the Website or any part of it or take the Website or any part of it offline at any time without notice where reasonably necessary to protect Our legitimate interests.
A notice under this Agreement shall be in writing sent by hand delivery, post or email, using Your details that You provided to Us during registration. You may send a notice to Us using Our contact details that are specified on the Website.
Any notice issued by hand shall be deemed delivered upon delivery.
Any notice issued by post shall be deemed delivered 3 Business Days after posting if posted domestically, or 10 Business Days after posting if posted internationally.
Any notice issued via email shall be deemed to be delivered upon the email being sent, provided that if an email is sent out of Business Hours, it shall be deemed to be delivered at 9am on the next Business Day.