Gumtree
Effective: 29th September 2022
Last Updated: 8th October 2024
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About Us
In these Terms and Conditions (Terms) "uWorkin", "we," or "us" means uWorkin Pty Ltd ACN 139 962 664. These Terms incorporate the uWorkin Privacy Policy available here. By accessing or otherwise using the uWorkin platform (also referred to as “uWorkin” as the context requires), you agree to be bound by these Terms.
uWorkin is a technology and platform to facilitate the interaction between individuals and a wide variety of potential employer groups through the creation of specific talent communities which include but are not limited to community, local government, industry associations, educational institutions and infrastructure development projects (Talent Communities).
uWorkin allows for different Talent Communities to be created and managed by individuals approved by uWorkin (Talent Community Owner). Following the creation of a specific Talent Community, the uWorkin platform facilitates the creation of accounts for both individuals seeking employment opportunities within a Talent Community to search and apply for jobs (Talent Community Job Seekers) and for employers (Talent Community Employers) to search for employees, view resumes, profiles, or curriculum vitae, and/or post and/or distribute job openings (Job Advertisements). -
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Our Purpose
Our purpose is to facilitate both the creation of specific Talent Communities and connect Talent Community Job Seekers with Talent Community Employers through the uWorkin platform (the Services).
These Terms apply to Talent Community Owners, Talent Community Job Seekers, Talent Community Employers or any other person accessing uWorkin or any of the Services (Users).
As a User, you acknowledge that you have read, understood and agree to bound by these Terms and our Privacy Policy. We reserve the right to amend these Terms, our Privacy Policy and the Services at any time with any changes to these Terms and the Privacy Policy as noted by the Last Updated Date.
As a User, you are required to review any updates to our Terms and Privacy Policy and your continued use of the Services constitutes an acknowledgement and agreement to the updated Terms and Privacy Policy. If you do not agree to these Terms or our Privacy Policy, do not use or access (or continue to access), the Services or the uWorkin platform. -
Use of Services
While using uWorkin and accessing the Services, you agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium; (ii) using any automated system to access the Services in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited communications; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Services; (vii) collecting or harvesting any personally identifiable information from the Services, except as expressly permitted by certain features of the Services; (viii) using the Services for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Services; (xi) accessing any content on the Services through any technology or means other than those provided or authorised by the Services; (xii) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein; (xiii) disclosing or sharing login credentials; (xiv) reverse engineering or decompiling any parts of the Services; (xv) frame or link to any information or content on the Services without express permission; (xvi) post or submit any inaccurate, incomplete, or false biographical information or another person’s information; or (xvii) post or submit any material that is unlawful, illegal, defamatory, offensive, discriminatory, threatening, or obscene. -
User Content and Services
The Services may allow Users to post and/or provide content that may be viewable by other Users, including, but not limited to, Job Advertisements, company information, a job seeker’s application information, content of messages, resumes/CVs, logos, trademarks, comments, questions, and other content or information (User Content).
User Content is the sole responsibility of the person or entity that provided the User Content. You shall be solely responsible for your User Content and the consequences of posting, providing or publishing it.
The following list is intended to be illustrative of the types of User Content that is prohibited, but is not an exhaustive list: You agree not to post or provide User Content that (i) may create a risk of harm to any person or property; (ii) provides instructional information about illegal activities; (iii) involves the transmission of junk or unsolicited mail or other communications, ‘phishing’ or ‘scamming’; (iv) provides links to material that is illegal or offensive, or targets or solicits personal information from, anyone under the age of 18; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law; (viii) contains any information or content that is false or misleading; or (ix) breaches the Intellectual Property Rights (as defined below) or rights of privacy of any third party.
For the purposes of these Terms, Intellectual Property Rights means patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights.
You agree that we make no representations, warranties, promises or guarantees regarding any content provided or generated by third parties, including, without limitation, the content of messages, Job Advertisements and resumés. You further agree that we act as a passive conduit for the distribution, provision, and publication of User Content, and have no obligation to screen or verify the accuracy, legality, legitimacy, truthfulness, or completeness of User Content, and accordingly, you accept that we are not responsible and have no liability, for User Content. You accept that it is your responsibility to verify the quality, accuracy, truthfulness, legality or reliability of User Content, including, without limitation, resumes/CVs and Job Advertisements and content of messages. Your reliance on any User Content is at your own risk.
Notwithstanding the foregoing, although we have no obligation to screen User Content, to the extent that we become or are made aware of, User Content that may or does (i) breach the terms of these Terms or any other Agreement you have with us, or (ii) breach any law or regulation, or (iii) breach the rights of third parties, or (iv) create liability for us or otherwise negatively impact us, we reserve the right to reject and/or remove such User Content, and suspend and/or terminate any User account associated with such User Content.
You understand and agree that we do not, and cannot, confirm that each User is who he/she/they claim to be. We are not responsible for authenticating Users and therefore it is your responsibility to conduct the appropriate due diligence before communicating or interacting with other Users, including, without limitation, Talent Community Job Seekers, employers, staffing agencies, recruitment product sales, and recruiters. You assume all risks associated with Users with whom you come into contact. If you have any disputes or issues with any User you agree to pursue any remedies directly with the applicable User and you release us, our partners, our subsidiaries, and their respective employees, directors and agents from all claims, demands and damages of every kind (actual and consequential and direct and indirect) known and unknown, suspected and unsuspected, disclosed and undisclosed, to the fullest extent permitted by law.-
User Content License Grant
By posting, submitting, providing and/or otherwise making available any User Content, you expressly grant, and represent that you have a right to grant, to us, a royalty-free, sublicensable (through multiple layers of sublicensees), perpetual, transferable, non-exclusive, worldwide license to use, sell, reproduce, adapt, translate, sublicense, publicly perform, publicly display, and make derivative works from and otherwise exploit, all such User Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for the purposes of posting such User Content on the uWorkin platform, distributing such User Content through our distribution and publishing network and in job alerts to job seekers, and to promote the Services. This license continues even if you stop using the Services.
To the extent your User Content is a trademark, trade name, service mark or service name protected by law, the foregoing license also extends to the use by us to identify you as a User of the Services in any promotional and marketing materials to promote the Services.
You represent and warrant that you have the rights, power and authority necessary to grant the rights described in this section to User Content that you submit, provide, make available or post, via the Services, that our use of your User Content will not breach any law or infringe the rights of any third party.
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Our Proprietary Rights
With the exception of content owned by Users, or licensed from third parties, the Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and content (Our Content), and all Intellectual Property Rights related thereto, are our exclusive property. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under, any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Services. Use of Our Content or materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited.
If you participate in any evaluation regarding the Services or otherwise provide us suggestions, comments, ideas, opinions, recommendations for the modification, correction, improvement, or enhancement of the Services, or other feedback regarding the Services (collectively, Feedback), you agree that we shall own such Feedback. Accordingly, you understand and accept that we will be free to use, disclose, reproduce, license or otherwise distribute, commercialise and exploit the Feedback as it sees fit, entirely without obligation or restriction of any kind and without compensation to you. You agree not to provide any Feedback that is false or misleading or that breaches any agreement you have with a third party. -
Terms that apply to Talent Community Job Seekers
As a Talent Community Job Seeker, you can (i) use the Services to search for jobs, (ii) apply for jobs (Job Applications), (iii) receive job alert emails or text messages, where such features are available to you (Job Alerts), (iv) include your resume and other applicable information in the AirCV Database. For purposes of these Terms, references to "resume" or "CV" shall also mean a curriculum vitae, profile, references, recommendations, and other similar written overviews or assessments of a person's experience and qualifications.
You agree that if you have a User account with us we may use the information you provide to send you information about Job Advertisements that may be of interest to you and you also agree that we may provide your resume/CV to a Talent Community Employer or Talent Community Owner who may be interested in candidates who have shown an interest in roles similar to the type that you have searched for or applied to.-
Job Applications in General
You can choose how to submit your Job Application using the options offered through the Services. If you elect to apply through a third-party account such as Facebook or LinkedIn.com, you will be asked to log-in to the applicable account, and the profile, resume and other information that you have provided as part of any of those accounts will then be provided to the entity that posted the applicable Job Advertisement.
Once you submit a Job Application, your resume and other applicable information will be shared with the entity that posted the Job Advertisement. You should therefore ensure that the information you provide is complete and accurate, and only contains information that you are comfortable sharing.
It is your responsibility to ensure that the resume associated with your account is always updated, current and accurate before you apply to a Job Advertisement, so an employer receives the most up-to-date information about you. If you have opted into the AirCV Database, make sure that employers see the most up-to-date information about you. -
AirCV Database
We have a feature which permits resumes/CV to be included in our AirCV Database (the, AirCV Database) to be stored on the Service and potentially to be accessed by employers when you apply to a Job Advertisement.
By applying to a Job Advertisement, you consent to us matching words, skills, or certifications that are present or implied in your resume or other application materials to words, skills, or certifications present or implied in a Job Advertisement or an employer’s or recruiter’s search of terms, and if there are any matches, to present matching resumes/CVs to the applicable employer or recruiter and to send information to you through the uWorkin platform about Job Advertisements that may be of interest to you.
You can opt-out of including your resume/CV in the AirCV Database and public visibility at any time by making your resumes/CVs inactive, by deleting your resumes/CVs or by deleting your uWorkin account. However, if an entity has already accessed your resume/CV through the AirCV Database or search engines and copied or saved your resume, that entity will continue to have access to your resume/CV and all information you included in your resume/CV.
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Terms that apply to Talent Community Employers
As a Talent Community Employer, you can use the Services to (i) search for prospective employees or candidates, (ii) view resumes, profiles, or curriculum vitae, (iii) promote your company more extensively through the uWorkin platform, and/or (iv) post and/or distribute Job Advertisements.
We make no guarantee as to the number or quality of candidates that you will receive as a result of your Job Advertisement. You are solely responsible for interviewing, performing background and reference checks on, verifying information provided by, and selecting an appropriate candidate. In certain cases, entities in the Distribution Channels may require that you agree to additional service policies in order to allow your Job Advertisement to be distributed on or via their services, and you hereby agree to such additional service policies as they apply to the distribution of your Job Advertisements.-
Content Rules
With respect to all Job Advertisements that you submit, make available, provide, post or distribute you represent and warrant that (i) the content of Job Advertisements (whether owned by you or your clients), will comply with advertising standards and applicable laws, including, but not limited to, employment and privacy laws, in your jurisdiction and the jurisdictions in which the vacancies are located; (ii) you have the necessary rights to permit the publication and use of Job Advertisements by us pursuant to these Terms; and (iii) the use, reproduction, distribution or transmission of Job Advertisements will not breach any applicable laws or any rights of any third parties, including, but not limited to, infringement of any copyright, trademark, or other proprietary right, false advertising, defamation or anti-discrimination. You understand and agree that you are solely responsible for any liability arising out of publication of Job Advertisements. You agree to indemnify and hold us, our partners, and our subsidiaries, and their respective officers, directors, employees, and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including legal fees and costs) arising out of or in connection with Job Advertisements provided by you or any other content provided by you, or your breach of these Terms.
You acknowledge and agree that we may, with no liability or penalty, remove any Job Advertisement or other content, communication or information posted, which in the sole judgment of us, breaches or may breach these Terms, applicable laws, rules or regulations, or third party terms; or may adversely affect the uWorkin platform. -
Authorised Users
You are responsible for all activity, acts or omissions of any person or entity that is able to access the Services under your account (each, an Authorised User). Additionally, you agree that: (i) you will not share log-in credentials and account information with third parties; (ii) you will not sell or sublicense access to your account or the Services; and (iii) you will ensure that Authorised Users comply with these Terms.
We may suspend, limit, condition, or terminate an Authorised User's access to the Services or any features thereof, if we reasonably determine that such Authorised User has breach these Terms. -
AirCV Database
If you access to the AirCV Database then (subject to the terms and conditions of these Terms) we hereby grant you a limited, revocable, non-transferable, non-sublicensable, non-exclusive right to access the AirCV Database for the limited purpose of (1) searching the AirCV Database; and/or (2) viewing and/or downloading the number of resumes/CVs permissible, each for the sole purpose of seeking potential employment candidates for legitimate employment opportunities. You shall not use or access the AirCV Database for any other purpose.
You shall not use any automated computer programs or software to download resumes/CV or to extract Data (defined below) and shall not resell or sub-license access to the AirCV Database (or any portion thereof) or any resume (including Data). You further agree that you shall not use the AirCV Database or its contents to market or sell products or services to the data subjects whose resumes comprise the AirCV Database.
The AirCV Database shall not be used in any manner that adversely affects our business, imposes an unreasonable or disproportionately large load on our infrastructure, or interferes with the ability of others to access the AirCV Database. We reserve the right to suspend or terminate access to the AirCV Database or terminate these Terms in the event of any non-compliance with these Terms or any other agreement you have with us. If a Talent Community Job Seeker opts out of the AirCV Database at any time, we reserve the right to block access to, and/or remove, the Talent Community Job Seeker’s resume/CV from the AirCV Database.
You represent, warrant and promise that: (i) you will use the AirCV Database and the Personal Data contained within any resumes/CVs, in accordance with applicable communication, privacy and data protection laws; (ii) you shall not further disclose any Data from the AirCV Database to a third party, unless you are accessing the resumes/CVs to source candidates on behalf of your clients for legitimate employment purposes; (iii) you will implement appropriate physical, technical, and administrative measures to protect Data obtained from the AirCV Database from loss, misuse, unauthorised access, disclosure, alteration or destruction, and you will notify us immediately in the event of any suspected or actual unauthorised access or disclosure of resumes/CVs; (iv) you will not use the contact information from resumes/CVs to send unsolicited mail, e-mails, phone calls, SMS, or direct messages regarding promotions and/or advertising of your or a third party’s products or services, or to contact or source job seekers business opportunities; and (v) you will respect the privacy choices of Talent Community Job Seekers.
You accept that we act as a passive conduit for receipt of resumes/CVs and have no obligation to screen resumes/CVs, verify the identity of the person submitting a resume/CV, or verify the accuracy of the data or content contained in resumes/CV. It is your responsibility to conduct due diligence as regards the individual job seeker-subject of each resume/CV. It is your responsibility to carry out such checks and procedures as are necessary to ensure that individuals who respond to your Job Advertisements have the required qualifications to meet your requirements. -
Data Protection
You agree to implement appropriate physical, technical, organisational, and administrative measures (i) to prevent unauthorised or unlawful processing of any Personal Data; (ii) to protect Personal Data against accidental loss, destruction or damage; (iii) to include taking reasonable steps to ensure the reliability of the personnel having access to the Personal Data; and (iv) having regard to the state of technological development and the cost of implementing those measures so as to ensure a level of security appropriate to: (1) the harm that may result from breach of those measures; and (2) the nature of the Personal Data to be protected. You agree to comply with applicable data protection and privacy laws and regulations in applicable jurisdictions particularly as they relate to your operations and the residency of the applicable data subjects. You further agree to indemnify, hold harmless, and defend us at your own expense against all costs, claims, damages or expenses incurred by us for which we may become liable due to any failure by you or your personnel or agents to comply with any of your obligations under this section and applicable data protection and privacy laws and regulations.
For the purposes of these Terms, Personal Data means any information or pieces of information that could identify a natural person either directly (e.g. your name, email address, phone number) or indirectly (e.g. through pseudonymised data, such as a unique ID number). This means that personal data includes things like email/home addresses, usernames, profile pictures, personal preferences, financial information, and health information. It could also include unique numerical identifiers like your computer’s IP address.
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Privacy and Security
Please refer to our Privacy Policy for information regarding how we collect, process, share and store your Personal Data.
Unfortunately, the transmission of information over the Internet is not completely secure and we cannot, therefore, guarantee that unauthorised third parties will never be able to defeat our security measures or use your Personal Data for improper purposes. You acknowledge that you provide your Personal Data at your own risk. -
Fees and Charges
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Billing Policies
Certain aspects of the Services may be provided for a fee. If you elect to use paid features of the Services, you agree to the Pricing and Payment terms for the applicable Services. -
No Refunds
You may cancel your subscription to paid services at any time and you accept that you will not receive a refund of pre-paid fees for such cancellation. In the event that we suspend, limit, condition, or terminate your access to the Services and/or your account due to your breach of this Agreement or any other agreement that you have with us, you understand and accept that you will not receive a refund for any unused time with respect to fees that you have pre-paid for a subscription plan, product or service, and to the extent that you have not paid the applicable fees, you will remain liable to pay us the entire fees due for the subscription, product or service, as applicable.
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Third Party Links and Services
The Services may contain links to third-party websites, advertisers, products, services, or other events or activities that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from the Services or use a third-party service, you do so at your own risk, and you understand that these Terms and our Privacy Policy do not apply to your use of such third-party sites or services. You expressly relieve us from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that we shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers. -
Disclaimer of Warranties
Nothing in these Term seeks to exclude any condition, warrant or guarantee that cannot be excluded under applicable law.
Except as otherwise expressly provided in these Term and to the maximum extent permitted by applicable law, we do not guarantee any results from using the Services. The Services are provided on an "as is" and "as available" basis. Use of the Services are at your own option and risk. To the maximum extent permitted by applicable law, the Services are provided without warranties, guarantees, conditions or terms of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, satisfactory quality, fitness for a purpose or a particular purpose, non-infringement, or any other implied warranty under the uniform computer information transactions act as enacted by any state. No advice or information, whether oral or written, obtained by you from us, our employees, or agents, or through the Services, will create any warranty, guarantee, term or condition not expressly stated herein. Without limiting the foregoing, we do not warrant that (i) any content provided on or through the Services is accurate, legally compliant, up-to-date, reliable or correct; (ii) the Services will meet your requirements; (iii) the Services will be available at any particular time or location, or will be uninterrupted or secure; (iv) any defects or errors will be corrected; or (v) that the Services are free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Services is downloaded or available at your own option and risk and you will be solely responsible for any damage to your computer system or loss of data or any other type of loss that results from such content or your use of the Services.
If any such warranty or guarantee cannot be excluded under applicable law, then to the extent permitted by applicable law, our liability for breach of any such warranty or guarantee is limited (at our option) to: (a) for goods, the repair or replacement of the goods, the supply of equivalent goods or payment of the cost of the repair or replacement of the goods or supply of equivalent goods; or (b) for Services, the resupply of the Services or payment of the cost of the resupply of the Services.
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a user or third party through the Services or any hyperlinked website or service, and we will not be a party to or in any way monitor any transaction between you and a user or third-party providers of products or Services. -
Limitation of Liability
To the maximum extent permitted by applicable law and except as otherwise expressly stated in these Term, in no event shall we and our subsidiaries be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise for any (i) indirect, punitive, incidental, special, consequential, exemplary damages or losses, or any other loss or damage that does not arise naturally and according to the usual course of things from the breach, act or omission relating to these Term and giving rise to that loss, whether to not such loss may reasonably be supposed to have been in the contemplation of the parties at the time they entered into these Term as a probable result of the breach, act or omission (ii) loss of profits, goodwill, use, data that result from the use of, or inability to use, the Services. Under no circumstances will we be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorised access or use of the Services or your account or the information contained therein.
To the maximum extent permitted by applicable law, we assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the services; (iii) unauthorised access to or use of our systems or servers and/or any personal information stored therein; (iv) interruption or cessation of transmission to or from the services; (v) bugs, viruses, trojan horses, or the like that may be transmitted to or through the services by any third party; (vi) errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the services; (vii) User Content or (viii) the defamatory, offensive, or illegal conduct of any user or third party.
In no event shall we and our subsidiaries be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to us in the 3 month period immediately preceding the event that gave rise to the claim or $1,000, whichever is lesser.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, breach of statutory duty or any other basis and even if we have been advised of the possibility of such damage. -
Governing Law
The Terms are governed by and construed in accordance with the laws of the State of Queensland in Australia.
General
Any waiver of any provision of this Agreement will be effective only if in writing and signed by us. No failure by us to exercise, or to delay in exercising, any rights hereunder shall operate as a waiver hereof, nor shall any single or partial exercise of any right hereunder by us preclude any other or future exercise of that right or any other right hereunder by us.
If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed from this Agreement.
These Terms constitute the entire agreement between you and uWorkin.
