Products and Pricing - Terms and Conditions
Definitions
When reading these terms and conditions you should know that words have specific meanings. For clarity we have detailed these below.
“YPW” means Your Parttime Workforce Pty Ltd.
"Web Site" or “Site” means our web site with the URL www.yourparttimeworkforce.com.au
“us”, “we” or “our” refers to Your Parttime Workforce Pty Ltd (ACN 123 551 324).
“Candidates” mean all entities and individuals subscribing to post their online profiles for potential employers to view. Recruitment Agencies and Employment Agencies are not permitted to register themselves or any third parties as candidates. You must be over 18 years of age to register your profile and use this site.
“Employer” means all entities and individuals subscribing to view and contact Candidates to advertise part time jobs or both. Recruitment Agencies and Employment Agencies are welcome to register as Employers.
“Site Members” are Employers and Candidates who subscribe to the Site. All site members must reside or have a business locations based in Australia. All Site users must be over 18 years of age
“You” or “your” means Employers, Candidates and any visitor to the Site.
“Information” refers to all information on the Site, including information of Site Members.
“YPW Database” means the information repository which holds employment details, as provided to us by our users.
“Services” means the provision of our services pursuant to these Terms and Conditions.
"Subscription" means your subscription to use our Services pursuant to these Terms and Conditions.
"Terms and Conditions” means the terms and conditions of this Agreement.
"Job Advertisement" means any material, profile image or other information provided by Employers
"Transaction" means any transaction involving the use of the Database.
When using or subscribing to this site you are bound by these terms and conditions. Please take the time to read these pages carefully. You should visit this page on a regular basis as from time to time these terms and conditions will be updated. These updated terms and conditions take effect immediately when posted to the Site.
1.0 Services
1.1 The Services the Site offers
YPW provides the Site to Site Members. We introduce part time candidates and employers. Our website is a national online centralised point of contact for candidates and employers looking for part time work or part time workers. The Site includes candidate profiles and job advertisements completed by Site Members. The Site provides information related to part time employment opportunities. This information is the YPW database and is to be used for the purpose of improving Site Member’s prospects of obtaining part time employment and sourcing part time employees by facilitating the introduction of potential employers to employees. As a Site Member you agree there is no employment, independent contractor or agency relationship between YPW and you.
1.2 What the Site does not offer
(a) YPW is not a recruitment agency. YPW does not verify the accuracy of any information provided by Site members. YPW does not schedule or conduct candidate interviews, complete police checks or any type of background checks or undertake any type of screening process to verify the accuracy or completeness of information provided by Site Members.
(b) It is the Employer’s responsibility to satisfy itself as to the accuracy, suitability, integrity and reliability of all and any information included in the YPW database information, including candidate profiles advertised online. All dealings between the employer and any candidate are the responsibility of the Employer.
(c) Employers acknowledge and agree that YPW does not screen or verify nor is it responsible for screening or verifying in any way verbal or written representations that candidates may make in any correspondence or discussions with employers. YPW disclaims all liability for any loss, costs, damages or loss of profits sustained as a consequence of any Employer employing or engaging any person sourced from the YPW site in any way.
1.3 Alterations to the Services Provided By Us
We may notify you from time to time of any alterations to the Services supplied under your Subscription.
2.0 Job Advertisements
(a) Employers acknowledge and agree that they must only advertise one job role per Job Advertisement included on the site. Should employers breach this obligation and include multiple job roles in one Job Advertisement, YPW reserves the right to remove the advertsiement and charge the employer for the number of job roles advertised in the one Job Advertisement advertised on YPW.
(b) YPW does not accept any responsibility for ensuring any job Advertisement is compliant with applicable laws and regulations. Employers warrant that all and any Job Advertisement displayed on this site from their account complies with all relevant laws, regulations and advertising codes of conduct and that the job Advertisement will not give rise to any claims or liabilities against YPW.
(c) YPW Job Advertisements may be subject to an approval process. YPW agrees to use its best endeavours to publish advertisements on a timely basis. YPW is not liable for any loss or damage incurred by a Site Member as a result of any failure or delay in listing a Job Advertisement. YPW reserves the right to remove without notice to the Employer (at the complete discretion of YPW) any Job Advertisement that may in YPW’s view be in breach of any part of these terms and conditions or of any law or regulation. Further, YPW reserves the right to, in its absolute discretion, reject or remove any advertisement from the site for any reason without notice to the Employer.
(d) YPW reserves the right to edit, re-categorise, change or update any Job Advertisement at any time and for any reason without notice to the Employer.
(e) YPW does not accept any responsibility for, and Employers indemnify YPW for any delay in receipt or non–receipt of any Job Advertisement intended for publication on the site.
(f) Employers agree not to use the Site to post any Job Advertisements or information pertaining to any pyramid schemes. Employers also agree not to ask or require any candidate to pay any money whatsoever to apply for any job advertised on the site.
(g) Employers agree not to use any feature on the site to send unsolicited commercial emails to candidates, individually or as a group. YPW database access may only be used to communicate with candidates about bonafide australian based employment opportunities offered by australian employers. When using the YPW database, communication with candidates should only be in relation to the specific vacancy to which they have applied or a bonafide offer of employment in a specific australian location offered by an employer with offices and business in Australia. YPW database can not under any circumstances be used by overseas employers or businesses. Should this be the case employers will be suspended immediately without notice and will not be entitled to any refund of any money they have paid to YPW.
(h) Employers are not permitted to link from YPW to job advertisements to any external websites without YPW’s express written permission. Unauthorised links will result in the Job Advertisement being removed without notice. Links are subject to strict terms and conditions. Should any link be approved they are only acceptable when opening in a separate window to allow users to close this window and return directly to the site.
(i) Employers Job Advertisements must submit information that is accurate, truthful and honest. All Job Advertisements must relate to bonafide employment opportunities. Job Advertisements must be current and legitimate at the time of submission and Employers must make every endeavour to take the job offline as soon as possible after the position advertised ceases to be current or available. Job Advertisements are required to be taken offline when the Applications closing date has passed.
3.0 Online Candidate Profiles
(a) YPW cannot and does not guarantee the number of candidate profiles available online in any particular day.
(b) YPW does not accept any responsibility for ensuring any Job Advertisement is compliant with applicable laws and regulations. Employers warrant that all and any Job Advertisement displayed on this site from their account complies with all relevant laws, regulations and advertising codes of conduct and that the Job Advertisement will not give rise to any claims or liabilities against YPW.
(c) YPW Candidate profiles many be subject to an approval process. YPW agrees to use best endeavours to publish candidate profiles on a timely basis. YPW is not liable for any loss or damage incurred by a Site Member as a result of any failure or delay in listing a candidate profile. YPW reserves the right to remove without notice to the Candidate (at the complete discretion of YPW) any Candidate profile that may in YPW’s view be in breach of any part of these terms and conditions or of any law or regulation. Further, YPW reserves the right to, in its absolute discretion, reject or remove any candidate profile from the site for any reason without notice to the Candidate.
(d) YPW does not accept any responsibility for, and Candidates indemnify YPW for any delay in receipt or non–receipt of any Profile intended for publication on the site or communications with Employers.
(e) Candidates agree not to use the Site to post any information pertaining to any pyramid schemes.
4.0 Your Registration
4.1 Registration
To register you should complete the online registration details. While you hold a current Registration, we grant to you (subject to and conditional upon, and only so long as you comply with, these Terms and Conditions) a non-exclusive, non-assignable, personal right to use our Services. You must be over 18 years of age to register on this site. Recruitment Agencies and Employment Agencies can register as an Employer and use the site for job postings and for searching, but must not register as a candidate. Recruitment Agencies and Employment Agencies are not permitted to register themselves or any third party as Candidates.
4.2 Payment of Fees
(a) Unless otherwise agreed in writing, you must pay all relevant Fees using our online payment system. The quoted fees do not include GST or any other costs or fees including without limitation government fees, stamp duty and taxes of any kind.
(b) All amounts agreed to be invoices must be paid within 7 days of the date of the invoice. YPW reserves the right to suspend your account without notice and refuse to supply any further services to you if your invoice is not paid within the required trading terms.
(c) Unless otherwise agreed in writing, products that are purchased on invoice will not be supplied until such time as the invoice is paid in full. For clarity Job Advertisements will not be available online and access to the YPW database will not be available until such time as invoices are paid in full.
5.0 Directions on Access to the YPW Database
You agree to comply with all of our directions made from time to time relating to the access of the YPW Database and Site.
6.0 Your Equipment
You are solely responsible for any equipment including a telephone line, modem, computer, hardware, software and all other equipment and services required from time to time to use the Site.
7.0 Suspension of Service
We may suspend, prohibit or block your use of the YPW database:
(a) While any fees or other moneys payable by you under these terms and conditions remain due and unpaid
(b) During any technical failure, modification or maintenance involved in the YPW Database provided that we will use our reasonable endeavours to reinstate the YPW Database as soon as reasonably practicable
(c) While you are in breach of any provisions of these Terms and Conditions or any other agreement with us; or
(d) If you do, or allow any other person to do anything which in our opinion may have the effect of jeopardising the operation of the YPW Database.
(e) Recruitment Agencies and Employment Agencies who register themselves or any third party as a Candidate will have their details removed from the site. They will not be entitled to any refund.
(f) Any person under the age of 18 registering their profile on this site will have their details removed from the site and will not be entitled to any refund
(g) When using the YPW database, communication with candidates should only be in relation to the specific vacancy to which they have applied or a bonafide offer of employment offered in a specific australian location by an employer with offices and business in Australia. YPW database can not under any circumstances be used by overseas employers or businesses. In this instance employers will have their details removed from the site adn will not be entited to any refund.
8.0 Changes to the Site
We may make changes to the Site at any time without notice. You are encouraged to maintain a current inventory of your assets at all times.
9.0 Data Control
You may not use the YPW Database except in relation to the provision of part time employment opportunities and candidates. When using the YPW database, communication with candidates should only be in relation to the specific vacancy to which they have applied or a bonafide offer of employment offered in a specific australian location by and employer with offices and business in Australia offered. YPW database can not under any circumstances be used by overseas employers or businesses. Should this be the case employes will be suspended immediately withour notice and will not be entitled to any refund of any money they have paid to YPW.You may not publish, reproduce, transmit, store in any information retrieval system, or otherwise make available, hire, reproduce in any form, charge any fee for, supply or sell to any person the whole or any part of the Database or its contents, whether in hard copy, electronically transmitted or in any other form (including on any network), and whether for commercial, educational or other purposes. Without limitation, you may not make the Database or its content available to third persons whether through any research or library services or otherwise. You acknowledge that the YPW Database could include substantive or technical inaccuracies or typographical errors.
10.0 Copy Control
(a) The Database, Web Site content and any accompanying written materials to which you may have access are subject to copyright. You may not copy, reproduce, broadcast or transmit any of the Database or its content, including software or data, which has been modified, merged, or included with other software or data, or of the written materials. You are liable for any copyright infringement, which is caused or encouraged by your failure to abide by these Terms and Conditions.
(b) The YPW logo and domain name are trademarks of YPW. You may only create a link to the Site after having gained YPW’s express permission in writing. For clarity, you may not under any circumstances reproduce the YPW logo.
11.0 The YPW Database Intellectual Property Rights
(a) You acknowledge and agree that all and any intellectual property rights (including without limitation copyright, trade mark rights, design rights and patent rights and rights to keep the information confidential) comprised in the YPW Database and its contents remain exclusively our property or the property of our licensors.
(b) You must not when using the YPW Database or Web Site infringe any third party rights.
12.0 Privacy
You have read, understood and consent to the terms of our privacy statement as published on the Web Site, and amended from time to time.
13.0 Indemnities
13.1 Loss due to the use of the Database
You indemnify us from any liability howsoever arising for any loss including economic loss that you or any other person may suffer as a result of use or misuse of the YPW Database.
13.2 Loss due to Infringement of Intellectual Property Rights
You indemnify us from any liability created by your use of the YPW Database in breach of the Agreement that infringes the intellectual property rights of any person
13.3 Liability
(a) To the extent that it is lawful to do so, our liability to you for any loss or damage whatsoever (Including business interruption, loss of information, non receipt of information or any other pecuniary loss but other than death or personal injury) suffered by you or any third party suffered as a result of using or inability to use the YPW Database and/or the Website is limited to the re-supply of the services provided to you or the value of those services (at our option).\
(b) You shall indemnify us for all costs, expenses, liabilities and any losses, including our legal costs on a solicitor client basis, arising from your or any authorised persons or any other person, whether authorised or not, accessing and using your details
14.0 Security
14.1 Your Details
You are responsible for maintaining the secrecy and confidentiality of all identification, user name, password and information required for your use of the YPW Database (“your details”).
14.2 Responsibility for Use
You are liable for all Fees resulting from the use of the YPW Database by you or by any person using your details whether authorised by you or not. You are solely responsible for all costs, fees, loss, damage, liability arising from the use of the YPW Database by anyone using your details.
14.3 Unauthorised Use
You shall notify us of any unauthorised use of your details immediately at info@ypw.com.au
14.4 Erasure of Your Information
We are authorised to store your details until we receive a written request from you to erase your details, notwithstanding termination of the Agreement.
15.0 Site Content
YPW reserves the right to, in its absolute discretion, reject or remove any advertisement or candidate profile from the Site for any reason. All memberships are at the absolute descretion of YPW and may be terminated should we deem it appropriate
16.0 Disclaimers and Limitations of Liability
We exclude:
(a) From this Agreement all conditions, warranties and terms implied by statute, general law, convention or custom, except any implied condition or warranty the exclusion of which would contravene any statute or cause this clause to be void (‘Non-excludable Condition’)
(b) All liability to you in contract for consequential or indirect damages arising out of or in connection with this Agreement even if:
(i) We know they were possible; or
(ii) They were otherwise foreseeable,
Including without limitation, lost profits and damage suffered as a result of claims by any third party; and All liability to you in negligence for acts or omissions by us, our employees, agents and contractors arising out of or in connection with this Agreement
(c) Our total liability to you for breach of any express provision of this Agreement or any Non-excludable Condition (except a Non-excludable Condition referred to in clause (c) or one implied by section 69 of the Trade Practices Act 1974 (Cth) is limited at our option, to any one of the re-supply of the services or the value of those services in respect of which the breach occurred. The total liability will not in any case exceed the period or value of your most recent subscription.
(d) If you are a consumer as defined under the Trade Practices Act 1974 (Cth) we do not exclude or limit our liability to you for breach of any Non-excludable Condition in respect of goods and services of a kind ordinarily acquired for personal, domestic or household use or consumption.
17.0 Termination
YPW may terminate this Agreement at any time at its absolute discretion by giving written notice of termination to you. Subject to the conditions contained in sections 2.5 (e) and (f), on termination you will be entitled to a pro rata refund of your subscription less a $30 processing charge. For clarity any site member contravening Section 7.0 will in accordance with section 7.0 (e),(f) and (g) have their details removed from the site and will not be entitled to any refund.
18.0 Governing Law
You acknowledge the Agreement is governed by the laws of Western Australia and hereby submit to the exclusive jurisdiction of the courts of that State in relation to any claim or dispute arising out of the performance of the Agreement.
For any further details on these terms and conditions please contact us at info@ypw.com.au
