Terms and Conditions

Introduction

The Website is owned and operated by Us. The Website is made available to you for your use on the condition that you agree to these Terms and Conditions of Use (“Terms"). References to Us/We/Our includes Our related bodies corporate and associates as those terms are defined in the Corporations Act 2001 and references to “You” means you, the user of the Website.

By accessing or using the Website and engaging Us for services, You agree to be bound by the Terms. The Terms constitute the entire agreement between Us and You concerning the Website and for services provided.

Acting reasonably, We may modify the Terms from time to time, and such modifications shall be effective immediately upon posting the modified Terms on the Website. Your continued use of the Website constitutes your agreement to be bound by any such update to the Terms.



  1. Definitions

    2. The following definitions will apply for the purpose of this Agreement:

    Agreement means these terms and conditions of trade between You and Us.

    Applicable Law in relation to any person, action or thing means the following in relation to that person, action or thing:

    1. any law, rule or regulation of any country (or political sub-division of a country)
    2. any obligation under any licence in any country (or political sub-division of a country); and
    3. any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country).

    Business/es means any company or organisation who has a profile on the Website and advertises a Position which requires Your use of, the Website.

    Content includes things that you may see, read, hear, download or access on or via the Website (including but not limited to messages, files, data, software, images, photographs, illustrations, text and other materials).

    Courses includes all or any online training course, seminar, webinar or similar offering, available to You on the Website.

    User Data means all information uploaded or entered into the Website by You, including but not limited to, your personal information.

    Duties means the work and tasks performed by You.

    Career Coach means any career specialist, business, organisation or association providing career coaching services on or via the Website.

    Position includes any paid or unpaid employment, contractor role or internship.

    Posted includes uploaded, posted, emailed or otherwise electronically transmitted.

    Site means any place in which You perform the Duties.

    Us/We/Our means ZYGADOX Pty Ltd ACN 623 604 123.

    Website means either of www.zygadox.com and www.zygaverse.com.

    You means you, the user of the Website.

    ZYGADOCmeans a virtual CV/resume and personal website created and maintained by you on the Website.



  2. Terms & Conditions

    1. The Website is owned and operated by Us. We will make the Website available to You for Your use on the condition that You agree to these Terms and Conditions of Use (“Terms"). References to Us includes Our related bodies corporate and associates as those terms are defined in the Corporations Act 2001 (Cth) and references to You means you, the user of the Website. By using the Website, You accept the Terms. The Terms constitute the entire agreement between Us and You concerning the Website.
    2. We may revise these terms and conditions from time to time by updating the Website. The revised terms will take effect when they are posted. You are responsible for familiarising yourself with these terms and conditions as they apply to You from time to time.
    3. Please also visit our Privacy Policy to understand how We use and protect Your personal information.


  3. Operation of Website

    1. The Website enables You to create and maintain a ZYGADOC to share with, and be searched by, Businesses for recruitment purposes on an opt-in basis. Where You create and maintain a ZYGADOC on the Website, You agree that Businesses may search Your ZYGADOC and the content appearing in it and may contact you directly regarding a particular Position. You may also use the services of a Career Coach and/or participate in a variety of Courses as offered by Us on the Website from time to time.


  4. Your Use of the Website

    1. You must not upload or post any Content that:
      1. you do not have the right to upload or post;
      2. is defamatory or in contempt of any legal or other proceedings;
      3. is misleading or deceptive;
      4. incites hatred or discrimination against any group of persons being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins;
      5. denounces religious or political beliefs;
      6. includes religious or political material which is or is likely to be offensive;
      7. is indecent, obscene, vulgar, pornographic, offensive or of doubtful propriety or of a menacing character or is likely to annoy or concern;
      8. infringes any copyright, trade mark, patent or other intellectual property right of another person;
      9. contains any unsolicited or unauthorised advertising or promotional material;
      10. contains viruses or similar software or data which is designed to interrupt, destroy or limit the functionality of any computer software or hardware; or
      11. impersonates any person or misrepresents your relationship with any person.
    2. You must not:
      1. disrupt or interfere with the Website or servers or other software, hardware or equipment connected to or via the Website;
      2. violate any relevant law relating to Your use of the Website;
      3. copy, reproduce or distribute in any way, without the prior written consent of Us, any material contained in any Course on the Website;
      4. use data mining, robots, screen scraping, or similar automated data gathering techniques, extraction or publication tools on the Website (including without limitation for the purposes of establishing, maintaining, advancing or reproducing information contained on the Website or in any other publication), except with Our prior written consent; or
      5. collect or store personal data about other users of the Website.
    3. You agree that it is a condition on your use of the Website and of any other services provided by Us or through the Website that You will not through any act or omission mislead or deceive others.
    4. Your dealings with any Business or Career Coach are matters for You and the Business or Career Coach. We make no representations in relation to any Position (including, without limitation, whether or not any unpaid Position is in fact in the nature of employment). We will not be responsible for any loss or damage of any sort You incur as a result of your dealings with a Business, Career Coach or otherwise in relation to any Position obtained by You with the assistance of Your ZYGADOC or a Career Coach.
    5. By using the Website, You understand that Businesses and Career Coaches are independent entities and are not agents of Us. We make no representations to You regarding the conduct of any Business (whether in relation to an Position or otherwise) or Career Coach. You may access the Website through websites of Businesses or Career Coaches. Whilst Businesses and Career Coaches using the Website have represented to Us that they have obtained appropriate insurance and will comply with all relevant legislation, We make no representations to You regarding whether these things have occurred (or will occur).
    6. While We operate the Website, We do not monitor or exercise editorial control over the Content on the Website (including, without limitation, the content of any advertised Positions). However We reserve the right at Our discretion to:
      1. access or examine any Content;
      2. move, remove or disable access to any Content which We consider, in Our absolute discretion, to breach any Applicable Law or to be otherwise unacceptable.
    7. We do not endorse or recommend any of the Positions offered by any Business or recommended by any Career Coach, or any of the Businesses who advertise those Positions. We strongly recommend that prior to entering into any agreement with any Business or Career Coach, You obtain Your own independent legal, accounting, financial or taxation advice as appropriate.
    8. We will not be liable to You for any decision made or action taken by You or anyone else in reliance upon any information contained on or omitted from the Website.
    9. We make no representation to You regarding the continued availability of any particular Position offered by a Business.
    10. You are responsible for:
      1. understanding the nature of any Position, and in particular how unpaid Positions differ from contracts of employment, contracts for services and other forms of engagement. Further information can be found at https://www.fairwork.gov.au/pay/unpaid-work/work-experience-and-internships and https://www.fairwork.gov.au/how-we-will-help/templates-and-guides/fact-sheets/unpaid-work/unpaid-work;
      2. understanding the requirements of a particular Position (and confirming those requirements with the Business) before You accept it. If You accept an Position, You are responsible for negotiating the nature of your relationship with the Business;
      3. ensuring that You hold any relevant visa, work permit or other authorisation necessary for you to lawfully undertake any Position; and
      4. should an advertised unpaid Position in fact give rise to an employment relationship, contract for services or other form of engagement – taking such steps as You consider appropriate to secure any entitlements which the relevant Business may owe You (whether by way of commencing proceedings directly against the relevant Business, contacting the Fair Work Ombudsman or otherwise).


  5. Third-Party Access to Information and Communications

    1. You acknowledge and agree that third party resellers of Our services may search and edit your User Data for the purposes of ensuring the proper carrying out of their obligations to Us.
    2. If you created an account with Us through the website of a reseller of Our services, your personal information may be collected, retained and used by the reseller in order to send You information and communications (which may include marketing material) from time to time. The collection, retention and use of your personal information by a reseller will be governed by the particular reseller’s privacy policy, It is your responsibility to review the privacy policy of any such reseller.


  6. Intellectual Property Rights

    1. We are the owner or authorised user of all intellectual property in and associated with the Website and any improvements and modifications thereto. We are also the owner or authorised user of the trademarks, logos, names and designs, whether registered or unregistered, in and associated with the Website.
    2. Nothing contained in the Website should be construed as giving You any right in or license to any of the intellectual property, trademarks, logos, names or designs, whether registered or unregistered, associated with the Website
    3. You acknowledge that Content on the Website is subject to copyright and possibly other intellectual property rights (Intellectual Property Rights).
    4. Unless You are expressly authorised by law You must not yourself, or participate in or permit any other person, to:
      1. sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the Content in any way for any public or commercial purpose without Our prior written consent;
      2. use any Content on any other web site or in a networked computer environment for any purpose; or
      3. otherwise infringe the Intellectual Property Rights of any person (including Us) in using the Website or any Content.
    5. Nothing You do on or in relation to the Website will transfer any Intellectual Property Rights to You or licence you to exercise any Intellectual Property Rights unless this is expressly stated.
    6. In relation to any Content Posted by You, but subject to Our privacy policy discussed below, you grant us a perpetual, irrevocable, royalty-free licence to use that content for the purposes for which the Website exists.


  7. Links

    8. We provide links to other websites maintained by third parties from the Website. We have not reviewed all of the sites linked to the Website and are not responsible for the content or accuracy of any off-site or third-party web pages or any other websites linked to the Website (including without limitation sites linked through advertisements). The inclusion of any link does not imply that We endorse the linked website, and You use the links at your own risk. We are not responsible for the copyright compliance of any site linked to from our Website. We will not be liable for any costs, damages or loss arising in any way out of or in connection with or incidental to any information or third-party service provided by any third-party linked to from the Website.



  8. Privacy

    1. In using the Website You may give Us personal information. Our privacy policy is available and can be viewed on Our Website. In using Our Website, You agree to be bound by the terms of Our privacy policy as amended from time to time.
    2. While We take all due care in ensuring the privacy and integrity of the information You provide, the possibility exists that this information could be unlawfully observed by a third-party while in transit over the Internet or while stored on Our systems or on Our Website. We disclaim all liability to You to the greatest extent possible pursuant to law should this occur.
    3. To become a registered user, You must provide a password and a login name. You are entirely responsible if You do not maintain the confidentiality of your password and login name. Furthermore, You are entirely responsible for any and all activities that occur under Your login name. You may change your password at any time by following instructions. You may also change Your login by contacting customer service. You may also delete services attached to your registration at Your convenience.
    4. You agree to immediately notify Us of any unauthorized use of Your login name or any other breach of security known to You.


  9. Use of the Website is at Your Risk

    1. You use the Website at your risk. You must evaluate, and bear all risks associated with, the use of any Content, including reliance on the accuracy, completeness or usefulness of any Content. You should seek your own independent advice with respect to any Content.
    2. We endeavour to provide a convenient and functional Website, but We do not guarantee that the Content will be error free or that the Website or the server that operates it are free of viruses or other harmful components.
    3. If your use of the Website results in the need for servicing or replacing property, material, equipment or data, We will not be responsible for such costs.
    4. Without limiting the above provisions, You use the Website at your own risk and everything on the Website is provided to You "as is" and "as available" without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. To the extent permitted by law, We expressly disclaim and exclude any representation or warranty whether express or implied under or in relation to your use of the Website. Where such a condition cannot be excluded then, to the extent permitted by law, Our liability is limited, at Our option, to re-supply of the good or service to which the condition relates or the payment of the cost of such a re-supply.
    5. We provide no warranty to You that the services generally available through the Website will be uninterrupted or error-free or that defects in the service will be corrected. You understand that We cannot and do not guarantee or warrant to You that files available for downloading through the Website or delivered via electronic mail through the Website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data.


  10. Limitation of Liability

    1. To the extent permitted by law We have no liability to You, whether for breach of these terms or in negligence or in any other tort or for any other common law or statutory cause of action arising in relation to these terms, the Website or the Content.
    2. To the extent permitted by law, no party involved in creating, producing, or delivering the Website or any Content will be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, or use of, or inability to use the Website and the Content, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not We know of the possibility of such damage.


  11. General Provisions

    1. You acknowledge that we may, in our sole discretion and with or without notice,
      1. vary the Website or any part of the Website; and
      2. modify or discontinue this Website, any part of the Website and the services available on it without notice.
    2. The provisions of these terms and conditions entitled "Use of the Website is at Your Risk", "Limitation of Liability," and "General Provisions" will survive cancellation of your registration or termination of this agreement.
    3. If any part of this agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.
    4. This agreement will be governed by the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia.
    5. You agree to defend, indemnify, and hold harmless Us, Our officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Website or the Content or your breach of this agreement.
    6. If any part of this Agreement is held invalid that part shall be severed from this Agreement and the remainder of this Agreement will continue to be valid and enforceable.
    7. Termination of this Agreement will not end those provisions that are capable of surviving the ending of this Agreement.