Terms & Conditions

Terms & Conditions

 

  1. ACCEPTANCE OF OUR TERMS

These terms and conditions apply to your use of Value Added Personnel Pty Ltd’s (the Website”) and any Services referred to in Clause 2. is subject to these Terms and Conditions.  You confirm that you will not use any of the website services for any purpose that is considered unlawful or prohibited by these Terms and Conditions. By visiting this website Value Added Personnel, viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to Value Added Personnel, you agree to be bound by the following Terms and Conditions of Service.  If you do not want to be bound by our Terms your only option is not to visit, view or otherwise use the services of Value Added Personnel.  You understand, agree and acknowledge that these Terms constitute a legally binding agreement between you and Value Added Personnel and that your use of Value Added Personnel’s website and its Website Services you hereby indicate your conclusive acceptance of these terms and conditions.   You are fully accepting the terms, conditions and disclaimers contained herein this notice.  If for any reason you do not accept these Terms and Conditions you should immediately stop using the Website Services.

We reserve the right to update or amend these Terms and Conditions at any time without notice as required and note that your continued use of the Website Services following any changes shall be deemed to be your acceptance of such change.  It is considered your responsibility to check the Terms and Conditions on a regular basis for any changes.

  1. THE SERVICES

Our website may provide communication tools such as email, newsletters, chat areas and/or other messages designed to enable you to communicate with others.  Unless otherwise stated, the Services are for your personal and non-commercial use only.

In using the Website Services, you agree not to :

  • Use the services to send junk email, spam, pyramid schemes, chain letters, or any other unsolicited messages, commercial or otherwise.
  • Post, publish, distribute or disseminate material or information that is defamatory, infringing, indecent, obscene, threatening, abusive, harassing or unlawful.
  • Post, publish, distribute, disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise.
  • Threaten, abuse disrupt stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
  • Make available or upload files that contain a virus, trojan, worm or corrupt data that may damage the operation of the computer or property of another;
  • Collect or store personal information about others, including email addresses;
  • Violate any applicable laws or regulations;
  • Use the Website services in any manner that could damage, disable, overburden or impair the Website Services or interfere with any other party’s use and enjoyment of the Website Services.
  • Post Publish, distribute material or information that you do not have a right to transmit under any law or under contractual relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
  • Impersonate any person or entity for the purpose of misleading others;
  • Attempt to gain unauthorized access to any of the Services, other accounts, computer systems or networks connected to the Website Services through hacking, password mining or any other means.
  • We have no obligation to monitor the Services but we shall be entitled to review materials posted to a communications facility and at our sole discretion, to remove any material that breaches these Terms and Conditions.
  1. USER ACCOUNT, PASSWORD AND SECURITY

If a particular Service requires you to open an account you will be required to complete the registration process by providing us with certain information and registering a username and/or password for use with that Service.  You confirm that you are responsible for maintaining the confidentiality of the username and password and also for all activities which take place under your account.  You agree that you will immediately notify us of any unauthorized use of your password or account or any other breach of security.  Value Added Personnel will not be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You agree that you will not use another person’s account any time without the permission of the account holder.  Value Added Personnel shall not be responsible for maintaining or returning your submitted materials, your account or your login and password.  You should always maintain a copy of your submitted materials.

  1. PROPRIETARY RIGHTS

You acknowledge and agree that Value Added Personnel may contain proprietary and confidential including trademarks, service marks and patents protected by intellectual property laws and international intellectual property treaties. Value Added Personnel does not allow you to use the contents of its website for commercial use.  Our content may not be sold, reproduced, or distributed without our written permission. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved.

  1. TERMINATION

You agree and acknowledge that Value Added Personnel is entitled to modify, improve or discontinue any of its services at its sole discretion and without notice to you even if it may result in you being prevented from accessing any information contained in it.  Furthermore, you agree and acknowledge that Value Added Personnel is entitled to provide services to you through subsidiaries or affiliated entities. We have the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions.  We may at any time at our sole discretion, discontinue the Website Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website Services. If you want to terminate your account you may only cease your use of the site.

  1. LINKS TO THIRD PARTY WEBSITES

The Website Services may include links to third party websites that are controlled and maintained by others.  Any link to other websites is not an endorsement of such websites and you acknowledge and agree that Value Added Personnel is not held responsible for the content or availability of any such sites.

  1. INTERNATIONAL USE

You agree to comply with all applicable laws regarding the transmission of technical data exported from Australia or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.

  1. INTELLECTUAL PROPERTY RIGHTS

The Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trade marks, patents and other intellectual property rights and laws.  In accessing the Website you agree that you will access the contents solely for your personal, non-commercial use.  None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder.  This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.

  1. GENERAL

You hereby agree that there is no employment, partnership, agency or joint venture relationship between you and Value Added Personnel arising out of our resulting from your Use of this Site.  This notice constitutes the entire agreement between you and Value Added Personnel governing your use of the Site and is additional to any binding agreement between you and Value Added Personnel.  This notice is governed by the laws of Australia, without giving effect to any principles of conflict of laws.  To the fullest extent permissible by law, Value Added Personnel does not warrant that this Site will be lawful outside of Australia.    If you view, access, submit or download materials to and from the Site outside Australia, you will be solely responsible for all your actions and assume all risks.  You may not use or export any Materials or make any copy or adaptation in violation of any application laws, rules or regulations, including but not limited to Australian export laws and deemed as a waiver of such term.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Value Added Personnel’s liability in respect of any:

  • death or personal injury caused by Value Added Personnel’s negligence;
  • fraud or fraudulent misrepresentation on the part of Value Added [NAME]; or
  • matter which it would be illegal or unlawful for Value Added Personnel to exclude or limit, or to attempt or purport to exclude or limit, its liability.
  1. LIMITATION OF LIABILITY

You understand and agree that Value Added Personnel and any of its subsidiaries or affiliates shall in no event be liable for any direct, indirect, incidental, consequential, or exemplary damages. This shall include, but not be limited to damages for loss of profits, business interruption, business reputation or goodwill, loss of programs or information or other intangible loss arising out of the use of or the inability to use the service, or information, or any permanent or temporary cessation of such service or access to information, or the deletion or corruption of any content or information, or the failure to store any content or information. The above limitation shall apply whether or not Value Added Personnel has been advised of or should have been aware of the possibility of such damages. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed the liability of Value Added Personnel is limited to the greatest extent permitted by law.

Value Added Personnel will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website :

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. These limitations of liability apply even if Value Added Personnel has been expressly advised of the potential loss.
  1. EXTERNAL CONTENT

Value Added Personnel may include hyperlinks to third-party content, advertising or websites. You acknowledge and agree that Value Added Personnel is not responsible for and does not endorse any advertising, products or resource available from such resources or websites.

  1. JURISDICTION

You expressly understand and agree to submit to the personal and exclusive jurisdiction of the courts of the country, state, province or territory determined solely by Value Added Personnel to resolve any legal matter arising from this agreement or related to your use of Value Added Personnel’s website.  If the court of law having jurisdiction, rules that any provision of the agreement is invalid, then that provision will be removed from the Terms and the remaining Terms will continue to be valid.

  1. ENTIRE AGREEMENT

You understand and agree that the above Terms constitute the entire general agreement between you and Value Added Personnel. You may be subject to additional Terms and Conditions when you use, purchase or access other services, affiliate services or third-party content or material.

  1. CHANGES TO THE TERMS

Value Added Personnel reserves the right to modify these Terms from time to time at our sole discretion and without any notice. Changes to our Terms become effective on the date they are posted and your continued use of Value Added Personnel’s website after any changes to Terms will signify your agreement to be bound by them.

  1. DISCLAIMER

The information contained in this website is for general information purposes only. The information is provided by Value Added Personnel and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will Value Added Personnel be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits, arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of Value Added Personnel. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, Value Added Personnel takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to the technical issues beyond our control.

You understand and agree that your use of Value Added Personnel’s website is entirely at your own risk and that our services are provided “As Is” and “As Available”.  Value Added Personnel does not make any express or implied warranties, endorsements or representations whatsoever as to the operation of Value Added Personnel’s website, information, content, materials, or products.  This shall include, but not be limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement, and warranties that access to or use of the service will be uninterrupted or error-free or that defects in the service will be corrected.

  1. REASONABLENESS

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

  1. OTHER PARTIES

You accept that, as a limited liability entity, Value Added Personnel has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against Value Added Personnel’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Value Added Personnel’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Value Added Personnel.

  1. UNFORCEABLE PROVISIONS

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

  1. NO ADVICE

The newsletters contain information about HR and Recruitment related information. The information is not advice, and should not be treated as such.

You must not rely on the information in the newsletter as an alternative to legal advice from an appropriately qualified professional.  If you have any specific questions about any matter you should consult an appropriately qualified professional.

You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in the newsletters.

  1. NO REPRESENTATIONS AND WARRANTIES

To the maximum extent permitted by applicable law, we exclude all representations, warranties, undertakings and guarantees relating to the newsletters.

Without prejudice to the generality of the foregoing paragraph, we do not represent, warrant, undertake or guarantee :

  • that the information in the newsletters is correct, accurate, complete or non-misleading;
  • that the use of guidance in the newsletters will lead to any particular outcome or result
  1. LIMITATIONS AND EXCEPTIONS OF LIABILITY

The limitations and exclusions of liability set out in this section,  govern all liabilities arising under the disclaimer or in relation to the newsletters  including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

  • We will not be liable to you in respect of any business losses, including without limitation loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
  • We will not be liable to you in respect of any loss or corruption of any data, database or software.
  • We will not be liable to you in respect of any special, indirect or consequential loss or damage.

Nothing in this disclaimer shall: limit or exclude our liability for death or personal injury resulting from negligence; limit or exclude our liability for fraud or fraudulent misrepresentation; limit any of our liabilities in any way that is not permitted under applicable law; or exclude any of our liabilities that may not be excluded under applicable law.

  1. OTHER DEALS

In these  Terms and disclaimer, “we” mean (and “us” and “our” refer to)Value Added Personnel Pty Ltd. ABN 93082 13096 and its employees, casuals and contractors.

  1. SEVERANCE

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

  1. GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the law of The State of Victoria, Australia and you hereby submit to the exclusive jurisdiction of the Victorian courts.

  1. LINKS TO THIRD PARTY WEBSITES

The Website/Services may include links to third party websites that are controlled and maintained by others.  Any link to other websites is not an endorsement of such websites and you acknowledge and agree that Value Added Personnel is not responsible for the content or availability of any such sites. 

  1. INDEMNITY

You agree to indemnify and hold Value Added Personnel harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against Value Added Personnel  by any third party arising out of your use of the Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by Value Added Personnel in consequence of your breach of these Terms and Conditions.

  1. DISCLAIMERS AND LIMITATION OF LIABILITY

Use of the Website/Services is at your own risk.  The Website/Services are provided on an ‘AS IS’ and ‘AS AVAILABLE’ basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

To the extent permitted by law, Value Added Personnel will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website/Services.

Value Added Personnel  makes no warranty that the Website/Services will meet your requirements, that Content will be accurate or reliable, that the functionality of the Website/Services will be uninterrupted or error free, that defects will be corrected or that the Website/Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.

Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Value Added Personnel for death or personal injury as a result of the negligence of Value Added Personnel.

Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.