Website Terms and Conditions
Date of Last Revision: 21st May, 2014.
These terms and conditions apply to the use of this Website and our services. In using this Website and our services, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Website and our services.
 
1. Definitions
In these terms and conditions:
1.1 “Candidate” means a person who uploads a CV to the Website;
1.2 “CV” means the CV and resume details that a person provides for posting on the Website and that are provided or may be provided to an Employer through an Employer's use of the Website;
1.3 “Content” means any content and information that a Candidate uploads to the Website, including any CV or resume and any audiovisual material and/or that an Employer downloads from the Website in respect of a Candidate;
1.4 “Core Recruitment Services” means the services that we offer that are more fully described in clause 5.14;
1.5 “Employer” includes a prospective employer or actual or prospective other hirer of a Job Seeker;
1.6 “Job Seeker” means a Candidate or any other person using the Website as a job seeker, and, in the context of the provision of Managed Services, means any person (whether a listed Candidate or otherwise) we introduce to an Employer as a prospective employee;
1.7 “Managed Services” any one or more of the services set out in clause 5.19 to 5.27;
1.8 “Referee” means a person whose details a Job Seeker has included in a CV for the purposes of providing to a prospective employer, a reference, recommendation for or other information about the Job Seeker;
1.9 “Reference Check” means the service that we provided whereby we contact one or more of a Job Seeker’s Referees to obtain a reference or report in relation to the Job Seeker and “Reference Check Report” means any report or account that may be provided to you following our conduct of a Reference Check;
1.10 “Testing Services” means any or all (as the context requires) of the services referred to in clause 5.22;
1.11 “Testing Report” means a report generated or provided, through us, to the Employer following the conduct of any Testing Services in relation to the test subject;
1.12 “Verification Report” means a report or information generated or provided, through us, to the Employer following the conduct of any Verification Services in relation to the Candidate concerned;
1.13 “Verification Services” means any or all (as the context requires) of the services referred to in clause 5.21;
1.14 "we", "us" and "our" are references to ISMYCV Australia Pty Ltd ACN 150 423 519;
1.15 “the Website” means our website located at http://www.ismycv.com.au and unless the context requires otherwise, related services and sites; and
1.16 “you” and “your” are references to you as the user of the Website (whether as Job Seeker, Employer or otherwise, as the context dictates).
2. Our Roles
2.1 Subject to clause 2.2, in providing the Website and the services offered at the Website, unless expressly provided otherwise in these terms and conditions, our role is as a neutral facilitator and we are not involved in and assume no liability in respect of any transactions between Employers and Job Seekers.
2.2 In providing Managed Services our role is limited to using reasonable endeavours to identify and screen Job Seekers to assess their general suitability for the role in question, prior to providing Employers with their details. This is designed to eliminate Job Seekers whom we reasonably consider unsuitable for the Employer’s role and to ascertain whether such Job Seekers are likely to meet an Employer’s minimum requirements. It is not intended to guarantee the suitability of any Job Seeker. In relation to Reference Checking, our role is limited to contacting Referees and obtaining their Reference Check Report, as further detailed below.
2.3 In providing Verification Services our role is limited to using reasonable endeavours, by making reasonable enquiries of or through third parties who hold or may access information relating to the relevant Job Seeker/Candidate to verify the information in question and to relay to Employers the content of Verification Reports.
2.4 In providing Testing Services, our role is limited to using reasonable endeavours to facilitate the provision of such testing services by qualified independent third parties who are routinely engaged in the provision of Testing Services and to relay to Employers the content of Testing Reports.
3. Memberships
3.1 In order to be able to upload or access content on this Website, you must become a member. To become a member, you must complete your registration details in the manner described at the Website.
3.2 Upon registration, you will be provided with a password and account designation. You agree to pay for our services (if applicable) in the manner specified on the Website.
3.3 We reserve the right to suspend or terminate your membership at any time if you breach these Terms and Conditions.
3.4 You agree to ensure that your registration details are true and kept up to date and accurate at all times.
3.5 You must ensure the security and confidentiality of your membership details, including any passwords, user names and other details that may be assigned to you. You are entirely responsible for activities and transactions that occur using these details. Your membership and its details are not transferrable to any other person.
4. Job Seeker Content
4.1 The responsibility for Job Seekers’ Content rests solely with the respective Job Seekers. We make no representation to any user of the Website as to the accuracy or veracity of that Content. Employers must independently verify that Content and make their own assessment of the suitability of any Candidate for any particular role.
4.2 CVs will be available for an Employer's perusal from the time that the Employer registers.
4.3 Job Seeker contact information will be available for an Employer's perusal from the time that the Employer purchases download credits and also if the Employer purchases Core Recruitment Services.
5. Specific Terms and Conditions Relating to Employers
The terms and conditions in this clause 5 apply to Employers as users of the Website and the reference “you” is to such users:
5.1 By registering with us to receive Job Seeker Content you represent and warrant to us that you are entitled to act on behalf of and to bind the employer/hirer organisation that you purport to represent.
5.2 You warrant that you will contact Job Seekers only for job openings that actually exist and you may not contact a Job Seeker for other purposes. You warrant that you are able and legally entitled to offer any role that you represent yourself as capable of offering to a Job Seeker. We accept no liability in that regard.
5.3 If you wish to obtain a Job Seeker’s full CV details you must use the Website and its facilities. You must not knowingly contact any Job Seeker who has posted a CV at the Website without first purchasing the Job Seekers contact details with resume download credits through the processes available at the Website (or paying utilising any other method that may otherwise be permitted under this Agreement).
5.4 We make no representation as to the suitability of any Job Seeker whose details appear on the Website or that you may contact using the Website, nor their continuing availability following their posting of their Content/CVs.
5.5 We do not represent that any Job Seeker will agree to allowing you access to their CVs or details. We take no responsibility in the event that a Job Seeker declines an invitation to grant access to their CV to you.
5.6 Unless an alternative payment method is permitted under this agreement you are obliged to purchase resume download credits to access Job Seeker contact details using the Website and respect of which a charge applies, irrespective of whether you proceed to interview the Job Seeker and/or to offer the Job Seeker a position.
5.7 To the extent that you use this Website on behalf of a recruiting firm or staff agency you must identify yourself as doing so in that capacity. We may terminate or suspend your membership at our discretion if you use the Website in that capacity.
5.8 You agree that CVs and Content, as well as any information or opinions in a Reference Check Report or otherwise as a result of us conducting a Reference Check (if applicable) are for your own use only and may not be sold, redistributed or used for any commercial purpose other than the prospective hire of Job Seekers. You must not disclose details of the Job Seeker (including the content of any Reference Check Report, Verification Report or Testing Report) or forward to any other organisation or person outside your organisation any CV or Job Seeker details received through your use of the Website. You must respect the confidentiality of Job Seeker Content and any Reference Check Report.
5.9 It shall be your responsibility to comply with all legal and regulatory requirements in relation to the use of information or opinions obtained about Job Seekers (including obtained through or as a result of a reference check) in relation to interviewing, hiring and employment of personnel whose details you access through the Website, including, without limitation all human rights, equal opportunity and anti-discrimination legislation in force in the jurisdiction in which you operate.
5.10 If you are situated in the United States of America, you must not make, as a condition of employment, that the Job Seeker have U.S citizenship or lawful permanent residence in the U.S.
5.11 You must not use the Website, contact any Job Seeker using the Website or information provided therefrom, or use or disclose to any third party any information or opinion obtained directly or indirectly from us about a Job Seeker (including from any Reference Check Report, Verification Report where conducted) for any illegal or unlawful purpose nor any purpose other than the prospective hire or employment of that individual. Without limiting the foregoing the Website must not be used for the purpose of offering business opportunities requiring an up-front payment or any other payment to take advantage of the opportunity, training opportunities, franchise opportunities, pyramid schemes, distributorships, “club memberships” and/or similar “business opportunities”.
5.12 If we provide (or you otherwise obtain through use of the Website) CVs, Reference Check Reports, Verification Reports or Testing Reports or any other Content to which a charge applies, you must pay the applicable charge, as notified from time to time by us, by credit card or any other method that we approve in advance.
5.13 You must adhere to our Advertising Terms and Conditions for Placing Job Advertisements.
5.14 Recruitment Servives
In exchange for the applicable fee, we offer Core Recruitment Services for Employers located in Australia. These services involve us (a) through use of sophisticated software and expertise, endeavouring to compile details of Candidates (and, potentially other Job Seekers who may not at the time be listed on the Website) in response to the specific requirements of an Employer using the service; (b) in addition to utilising details of Candidates, advertising through third party job advertising services and through our social media channels; (c) assessing Job Seekers as to their general suitability prior to providing the Employer with their details; (d) phone screening Job Seekers to better ascertain their likely suitability, such screening being designed to eliminate seemingly unsuitable Job Seekers for a role and to endeavour to ascertain whether they meet Employers' minimum requirements; (e) providing Employers with details of Job Seekers that we reasonably believe, but do not guarantee, may, in light of their requirements, be of interest to them as an Employer to interview (or further interview as the case may be); and (f) providing these services for period of 30 days’ duration, unless the Employer notifies us earlier of having filled the role or otherwise asks us to cease the provision of the services. Such notification or request shall not disentitle us from payment as if we had continued the service for the full 30 day period.
5.15 We guarantee that if the provision to you of the Core Recruitment Services in respect of any particular employment role or position does not furnish you with a Candidate that is suitable to you (acting reasonably) within the 30 day period referred to in 5.14 (f) above, we will, at your request continue the provision of the Core Recruitment Services in respect of that unfilled role for an additional 30 day period at no additional cost to you.
5.16 The express guarantees in this provision do not limit any guarantees we are required to provide under the Australian Consumer Law.
5.17 While in providing Core Recruitment Services we will use reasonable endeavours to source details of appropriate Job Seekers, we cannot guarantee that there will be sufficient numbers of applicants for any given position to be able to provide such details.
5.18 Reference Check Reports
In exchange for the applicable fee, we offer Employers located in Australia a Reference Check service. The purchase of one Reference Check entitles you to a check conducted by us attempting to contact two Referees for one Job Seeker and the provision of a Reference Check Report as a result. . If all such efforts fail to result in the provision of a single Reference Check Report, you will be allocated a credit for the fee paid for the service, which may be used at any time in the following six months by you for a further Reference Check service. If any Referee provides content for a full Reference Check Report then no refund or credit applies. Where a Referees pertaining to the Job Seeker is unwilling to provide a full Reference Check Report (or the content therefor), but is willing to provide written confirmation of the Job Seeker’s previous employment with the Referee, we will provide you with the choice to (a) receive that confirmation of employment, (b) request us to contact an alternative Referee or (c) to receive a credit for the fee paid for use on a future Reference Check. Except as required by law, no refund will be issued.
5.19 While we endeavour to provide Reference Check Reports within 2 to 5 business days from the date of receipt of payment for such a request, you agree and acknowledge that the timing for such provision will depend on the timeliness or otherwise of the Referee in question, over which we have no control.
5.20 In conducting any Reference Check we will ask for and provide to you details of relevant employment related information about the Job Seeker only. You must not request us to seek information or opinions that may be used for discriminatory or unlawful purposes. Where we conduct a Reference Check, you agree and acknowledge that this process can elicit subjective and varied responses from Referees. We are not responsible for and make no representation as to the accuracy of any response received, any record or information keeping practices of any Referee, the veracity or objectivity of information and opinions, the absence of errors or omissions, nor that recollections of Referees will always be reliable.
5.21 Verification Services
In exchange for the applicable fees, we offer Employers located in Australia, the following verification services, subject to the following limitations:
 
(a) Educational verification service: We endeavour to procure from the educational institutions concerned confirmation of the attendance, dates of attendance, enrolment and qualifications received by a Candidate at one or more educational institutions listed on their CV. In so doing, we will telephone the institutions listed in the CV as being the Candidate’s three most recently attended institutions. If three or fewer Institutions are specified, we will contact each educational institution. If we are unable to confirm the Candidate’s enrolment at or graduation from at least one such institution, we will offer the Employer a credit, which may be used for future services. In the event that one or more institutions verifies the information requested, no credit or refund will be available.
 
(b) Professional association verification service: We endeavour to procure from the professional association concerned confirmation of the membership of the Candidate of that association. In so doing, we will telephone the associations listed in the CV as being the Candidate’s three most recently joined associations. If three or fewer are specified, we will contact each association. If we are unable to confirm the Candidate’ membership of at least one such association, we will offer the Employer a credit which may be used for future services. In the event that one or more associations verifies the information requested, no credit or refund will be available.
 
(c) Police Check: We endeavour to procure details of a Candidate’s Criminal History Information, subject to any legal requirements or limitations on the release of or access to such information;
 
(d) Eligibility to Work in Australia: We endeavour to procure confirmation of a Candidate’s legal entitlement to work in Australia in the proposed role;
 
(e) Bankruptcy and/or Credit Check: We endeavour to identify whether a Candidate has previously been declared bankrupt (in the case of a bankruptcy check) or has outstanding or overdue debts;
 
(f) Civil Litigation Check: We endeavour to identify whether a Candidate is or has been a party to court proceedings;
 
(g) Professional Disqualification Check: We endeavour to determine whether a Candidate has been disqualified from membership to any professional association or body or had their membership revoked:
 
(h) Driver’s Licence Disqualification: We endeavour to determine whether a Candidate has a valid driver’s licence and/or has had a licence revoked in the past; and
 
(i) Employment History Verification Service: We endeavour to determine whether a Candidate was employed by businesses listed in their CV as having been previous employers and the dates of such employment, by telephoning any three such businesses selected by the Employer. In so doing, we will telephone the three such businesses. If three or fewer are specified, we will contact each business. If we are unable to confirm the Candidate’s employment by at least one such business, we will offer the Employer a credit which may be used for future services. In the event that one or more business verifies the information requested, no credit or refund will be available.
5.22 Testing Services
In exchange for the applicable fees, we offer Employers located in Australia, the following testing services, subject to the following limitations:
 
(a) Cognitive Ability Testing, which assesses a Candidate’s verbal, numerical, and abstract reasoning abilities, with the resulting score representing a Candidate’s ability to acquire, retain, organise and apply information;
 
(b) Work Reliability Testing, which assesses a Candidate’s attitudes towards counterproductive or negative behaviour such as theft, dishonesty and absenteeism;
 
(c) Work Safety Testing, which assesses a Candidate’s overall attitudes towards beliefs about safety, across five key safety risk sub-factors that predict actual safety behaviour;
 
(d) Behavioural Profiling Testing which indicates how a Candidate is likely to approach problems, interact with others, and respond to the pace of the environment and its rules and procedures;
 
(e) Emotional Intelligence Testing which assesses a Candidate’s ability to effectively reason about emotions and to use emotions to enhance thoughts and solve problems; and
 
(f) Skills Testing which assess a Candidate’s current level of knowledge, skill or ability in a specific technical or work-related area.
5.23 Third party service providers will be engaged by us to provide the Verification Services and Testing Services described above as Police Check, Bankruptcy Check, Credit Check, Civil Litigation Check, Professional Disqualification Check, Drivers Licence Check, Cognitive Ability Testing, Work Reliability Testing, Work Safety Testing, Behavioural Profiling, Emotional Intelligence Testing and Skills Testing. In providing these services and all associated Verification Reports and Testing Reports, our role is as intermediary and facilitator only but merely relating to them. We do not independently verify any information or Reports nor endorse their contents. To the extent permitted at law disclaim all warranties in respect of the accuracy or efficacy of any information or opinions provided to Employers in the course thereof.
5.24 Without limiting any other provision Employers must take all steps necessary to comply with all applicable privacy and confidentiality laws in relation to the use, disclosure of and subject access to information, data and opinions obtained or generated out of the provision of the Verification Services and the Testing Services.
5.25 Interviewing Services
In exchange for the applicable fees, we offer Candidate job interviewing services. Such interviews will occur face-to-face at a location to be determined by the Employer (subject to our agreement) and can be conducted together with a representative of the Employer if requested or by our staff only. Pricing for these interviews is based on an average interview being of 45 minutes’ duration. Employers will also be invoiced for any additional incidental costs such as travel and venue hire.
5.26 In exchange for the applicable fees, we offer interview services in the nature of exit interview services. Exit interviews will be of approximately 30 minutes’ duration unless agreed otherwise. In relation to the provision of exit interview services, our role is limited to the conduct of telephone interviews with an employee who is leaving or has left the employ of the Employer, to attempt to obtain information from them as to their motivations for leaving the employment and any suggestions from the subject as to possible areas of improvement for the Employer. We will provide a written summary of the interview to the Employer.
5.27 Work Ready Service
In exchange for the applicable fees, we offer a “Work Ready Service” for Employers, whereby we provide agreed administrative services to assist in the commencement of employment by new starter employees (where such employees were formerly Candidates, or otherwise by agreement). Such services can include the preparation and/or forwarding to such employees of paperwork and documentation, document checking, notification of work requirements, locations and other details to relevant employees and the making to the individual of pre-commencement contact with such employees to ensure that they have all reasonably necessary information and directions to commence the employment. To the extent permitted at law, we do not accept any liability for any adverse consequences of information being provided by or to the Employee in the provision of this service or from a failure of the Employee to follow the directions or instructions provided. If we are unable to contact an Employee after reasonable efforts have been made, a credit will be offered to the Employer. No such credit will be available in the circumstance where a Candidate decides not to proceed with the proposed contract work placement.
5.28 We offer additional services providing a greater range of options for limited defined periods. Where you purchase an additional service, you are required to pay the applicable fees then in force as notified at the Website. We also offer various customised services that can be tailored to your specific requests. Where you purchase any customised service tailored to you, you must pay the charges agreed between us in the manner notified from time to time.
6. Specific Terms and Conditions for Job Seekers
The terms and conditions in this clause 6 apply to Candidates as Users of the Website and the reference to “you” is to such users:
6.1 The responsibility for your Content rests solely with you. You must ensure that the Content is accurate, reliable, not misleading or otherwise in breach of these Terms and Conditions.
6.2 You must proof-read and check all Content to be placed on the Website.
6.3 You must ensure that you select the appropriate category or categories in which your Content is to appear. Nevertheless, we reserve the right to re-classify your Content including, without limitation, by removing it from one category and republishing it in another.
6.4 By uploading, transmitting or posting Content you grant us permission and a royalty free licence to use, edit, reproduce and communicate the Content at the Website and otherwise for the purposes for which you have uploaded it.
6.5 You may alter or remove Content as you wish, subject to compliance with these terms. We will endeavour to activate any changes to Content that you make as soon as practicable but cannot guarantee that these changes will be made within any given time.
6.6 You are not permitted to insert into Content links to any external website other than your own personal website and may not do so where such website contains or facilitates access to material of a pornographic or sexually explicit nature, material in breach of any third party’s intellectual property rights (including but not limited to pirated materials), material which is vilifying or defamatory, misleading or deceptive, or which promotes or incites unlawful activities, the dissemination of unsolicited email or text messages, computer hacking, or which contains or promotes any virus.
6.7 You agree and acknowledge that we may pass on your information to Employers, and other third party service providers engaged by us as described in these Terms and Conditions. This consent is subject to our Privacy Policy and to our general terms, conditions and procedures. You agree and acknowledge that subject to our Privacy Policy we may contact persons that you have listed as Referees and discuss and retain information regarding your employment history or other relevant personal attributes to ascertain your suitability for a role for which you have applied. You agree that we may retain details of and disclose this information to the prospective Employer(s) in the form of a Reference Check Report, as well as the results of any Testing and Verification Services, subject to our Privacy Policy and these Terms and Conditions.
6.8 You must ensure that you are reasonably qualified and legally entitled to perform any role that you expressly or impliedly represent yourself as capable of filling. We take no responsibility and assume no liability in that regard.
6.9 You must ensure that your access to and use of this Website is not prohibited under the terms of any current employment or other agreement to which you are a party. We do not guarantee that your current employer (if applicable) will not have access to and be able to view your Content. We accept no liability for any consequence of such access.
6.10 We make no representation as to the suitability of any Employer that may contact you following your submission of Content to the Website, nor do we represent that you will be or are likely to be regarded as suitable by any Employer for any position, specifically or generally. We accept no responsibility or liability for the quality, safety or standard of positions for which you may be considered or accepted by Employers.
6.11 You affirm that you are aged 15 years or over. If under 18 years old you affirm that you have legal parental or guardian consent to use the Website and accept these terms and conditions. You warrant and undertake to the extent possible that you have the legal capacity and power to enter into a legal agreement with us on the terms and conditions contained herein and perform your obligations under it and any agreement with any employer/ hirer whose details you acquire through use of the Website.
6.12 We offer additional services providing a greater range of options for limited defined periods. Where you purchase an additional service, you are required to pay the applicable fees then in force as notified at the Website. Once paid, no refunds on these fees are available except in the case of an erroneous double charge or as otherwise required under the Australian Consumer Law.
6.13 You agree and acknowledge that where we consider appropriate, we may provide your details to an Employer who has purchased a Core Recruitment Services or Managed Services.
7. Disclaimer
7.1 We do not make any representations or warranties that your access to the Website will be uninterrupted, timely, secure or error free.
7.2 To the extent permitted by law, we do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Website or any service we offer at this Website, or any website linked to this Website, nor do we accept responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Website or the services we offer at this Website.
7.3 To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but subject to clause 8.1, our liability will be limited for a breach of that condition or warranty to one or more of the following:
 
(a) if the breach relates to goods;
 
 
(i) the replacement of the goods or the supply of equivalent goods;
 
 
(ii) the repair of such goods;
 
 
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or;
 
 
(iv) the payment of the cost of having the goods repaired;
 
(b) if the breach relates to services;
 
 
(i) the supplying of the services again or;
 
 
(ii) the payment of the cost of having the services supplied again.
7.4 Except as set out in clause 8.1 in no circumstance will we be liable to you for any indirect, incidental, special and/or consequential losses or damage (including loss of profits, revenue, production, goodwill, data or opportunity or any physical injury) of any nature arising through or as a result of your use of the Website or any service referred to at the Website.
8. Exception to Disclaimer
8.1 This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded, including under the Australian Consumer Law.
9. Specific Terms
9.1 You must ensure that your access to this Website is not illegal or prohibited by laws which apply to you.
9.2 You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Website or any linked website.
9.3 Whilst we have no reason to believe that any particular information contained on this Website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this Website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this Website.
9.4 Responsibility for the content of Candidate postings or advertisements appearing on this Website rests solely with the Candidates. The placement of such postings does not constitute a recommendation or endorsement by us of the Candidates and each Candidate is solely responsible for any representations made in connection with its posting/advertisement. Except as stipulated under clause 5.14, we do not screen or monitor the background, conduct, suitability or trustworthiness of any person (whether Job Seeker or Employer) and assume no liability for any such screening or monitoring. The provision of details following such screening does not constitute a recommendation or endorsement by us of the Job Seeker or otherwise constitute any other representation as to their suitability. Where we provide you with information or opinions obtained through conducting a Reference Check, such information and opinions are those of the individual Referees concerned only and we do not endorse our adopt such opinions or information and we make no representation as to their accuracy or veracity.
9.5 All information contributed by us and appearing at the Website is provided in good faith. You accept that any such information provided by us is general information and is not in the nature of advice. We derive such information from sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update this information at any time.
9.6 We do not verify and assume no liability for the accuracy of the content of job listings or Job Seeker profiles and CVs and we have no control over the quality, safety or legality of job listings or Job Seeker profiles/ CVs, the truth or accuracy of the Content posted by Job Seekers and Employers, whether Employers actually are able to hire a Job Seeker in response to a job listing or the ability or suitability of Job Seekers to fill job listings. We do not and cannot represent or guarantee that any user is who the user claims to be.
9.7 We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us. You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material which is made available to you through use of the Website. We will not be liable for any loss arising from any action or decision that you make in reliance on the Content or otherwise by using the Website.
9.8 You acknowledge that we are a distributor, not a publisher, of content on this Website. We are not responsible for and accept no liability in respect of any material uploaded, posted or transmitted to the Website by any person other than us. Our editorial control is limited to the selection of materials to make available, although we reserve the right to review any Content and amend or alter it as we see fit. Any opinions or advice by third parties remain the responsibility of those third parties and we do not guarantee the accuracy, completeness or usefulness of that content or its fitness for any particular purposes.
9.9 Where the information made available on this Website contains opinions or judgements of third parties, we do not purport to endorse the contents of that opinion or advice. We do not accept liability for loss or damage caused by your reliance upon any information obtained through this service and it remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.
9.10 Except where contractually bound to do so or otherwise required by law, we reserve the right to refuse to provide any or all services to any or all persons (whether Candidates or Employers or otherwise) at our sole discretion.
10. Payments Refunds and Credits
10.1
When making payment for any service offered by us you will pay upfront by credit card, unless we agree to another method (at our discretion). Credit card transactions will be secured using 128 bit Secure Sockets Layer (SSL) encryption technology or such other technology deemed appropriate. You are solely responsible for complying with our terms and conditions. Refunds will only be available in the event of an erroneous double charge or as otherwise required by law.
 
Registration Name ISMYCV Australia Pty Ltd
Place Registered Victoria, Australia
Office Address 1 Williamsons Road, Doncaster Victoria, Australia 3108
Registered Number 150 423 519
Telephone Number 61 3 9272 0000
Email Address team@ismycv.com.au

Unless we agree in writing otherwise, where a service credit is provided, such credits remain valid and redeemable for a period of six months from the date of issue.
11. Copyright
11.1 Copyright in this Website (including text, graphics, logos, icons, sound and audiovisual recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
 
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
 
(b) commercialise any information, products or services obtained from any part of this Website;
  without our prior written permission.
12. Trade Marks
12.1 “ISMYCV” and various trade marks appearing at the Website are owned by us or our related entities.
12.2 If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trademarks:
 
(a) in or as the whole or part of your own trademarks;
 
(b) in connection with activities, products or services which are not ours;
 
(c) in a manner which may be confusing, misleading or deceptive; or
 
(d) in a manner that disparages us or our information, products or services (including this Website).
13. Restrictions on Use and Conduct
13.1 Unless we agree otherwise in writing, you are provided with access to this Website only for your personal (or business’ own) use. You are authorised to print a copy of any information contained on this Website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this Website.
13.2 You must not use this Website or any other service that we offer:
 
(a) in breach of any laws or regulations;
 
(b) to impersonate any person, organisation or entity;
 
(c) to transmit unsolicited emails/spam;
 
(d) to defame, abuse, harass, threaten or otherwise harm any person.
13.3 You must not:
 
(a) upload, post, transmit or otherwise make available on the Website any content that:
 
 
(i) promotes, encourages or provides information about unlawful conduct or activities;
 
 
(ii) infringes any third party's intellectual property rights or breaches confidentiality;
 
 
(iii) includes a photograph or other likeness, or personal information of another person without their consent;
 
 
(iv) contains pornography, nudity, sexual acts or references;
 
 
(v) contains profanities, swearing, or vulgarity;
 
 
(vi) you reasonably suspect to be misleading, false or deceptive;
 
 
(vii) contains viruses, worms or other types of malicious or harmful programs, nor take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or
 
 
(viii) advertises, promotes or solicits any goods or services other than relating to your prospective employment or otherwise permitted in writing by us; or
 
(b) delete or alter any content that you have not posted; or
 
(c) damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to us or do anything that compromises the security of the Website;
14. Age
14.1 You affirm that you are 15 years or over. You affirm that if you are aged over 15 but have not yet turned 18 years old, that you have legal parental or guardian consent to use the Website and to accept these terms and conditions.
15. Indemnity and release
15.1 You agree to fully indemnify and hold us, our officers and employees harmless against any expenses, costs, loss or damage (including consequential loss) that we may suffer or incur as a result of or in connection with your use of the Website and any breach of these Terms and Conditions.
15.2 To the extent permissible at law, and subject to any express provision to the contrary in these Terms and Conditions, you release us, our officers, employees and any third party that we may engage to perform any function that we provide from any expenses, costs loss or damage (including consequential loss) that you may suffer or incur as a result of your use of the Website, including but not limited to any reliance on information and opinion obtained through use of it and any related service we provide.
16. Linked Websites
16.1 This Website may contain links to other websites ("linked websites"). Those links are provided for convenience only and may not remain current or be maintained.
16.2 We are not responsible for the content or privacy practices associated with linked websites.
16.3 Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
17. Privacy Policy
17.1 We undertake to comply with the terms of our privacy policy which appears on our website.
18. Security of Information
18.1 No data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
19. Termination of Access
19.1 The operation of, and your access to this Website may be terminated (whether temporarily or permanently) at any time by us without notice. Those terms and conditions capable of surviving termination will survive any such termination.
20. Waiver
20.1 Our failure to take action with respect to any breach by you or others do not waive our rights to take action with respect to subsequent or similar breaches.
21. Governing Law
21.1 To the extent permissible at law these terms and conditions are governed by the laws in force in Victoria, Australia.
22. Amendments to Terms and Conditions
22.1 We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
23. Acceptance
23.1 By clicking I Accept, you acknowledge that you have read, understood and accept the above terms of use.