APM Employable Me - Terms and Conditions
1. General
1.1 Please carefully read these Terms and Conditions prior to accessing and using the APM Employable Me (Employable Me) website (Site).
1.2 By using this Site, clicking on the ‘Agree’, ‘Submit’, ‘Login’ or similar button or checking the ‘Agree’ or similar box at the end of the user account registration process, or otherwise using the Services (defined below) in any manner, you agree to be bound by the following Terms and Conditions and our Privacy Policy (available here). If you do not agree to the following Terms and Conditions or to our Privacy Policy, please discontinue your use of this Site, your user account, and/or the Services.
1.3 The words ‘we’, ‘our’ and ‘us’ refer to Serendipity (WA) Pty Ltd trading as APM Employment Services and Employable Me. The word ‘you’ refers to a visitor of the Site.
2. Services
2.1 “Content” means any text, article, image, video, software, programme code, music, audio, information, or other materials appearing on this Site, including but not limited to information about employers, career resources, advice, questions, answers, or other content, whether created or posted by you, us, a third party, or any other user.
2.2 “Services” mean this Site (i.e., employableme.com and employableme.com.au and all webpages, subdomains, and any successor or affiliated websites), emails, newsletters, and other communications, user accounts, job application services, Content, any other products or services offered by Employable Me, as well as any other services are stated to be governed by these Terms and Conditions.
3. No warranty
3.1 The information stated in this Site is general in nature and not specific to your personal circumstances. It is your responsibility to obtain independent financial, taxation and health / medical advice from professional advisors to determine how the information on the Site may apply to you.
3.2 Employable Me does not warrant or represent the completeness or accuracy of the information published on this Site. We assume no responsibility and disclaim all liability for the content, accuracy, completeness, legality, reliability of the information contained on this Site.
3.3 We do not warrant that the use of this Site, or the server that makes it available, will be uninterrupted, error-free, or free from loss, corruption, attack, viruses, worms, Trojan horses, other software vulnerabilities, interference, hacking, or other security intrusions.
3.4 All users must ensure that information provided to this Site and to Employable Me is true, accurate, complete and not misleading.
4. Intellectual Property Rights
4.1 Except as otherwise expressly stated, the copyright and all other intellectual property in the Content of this Site are the property of Employable Me and/or the respective rights holder.
4.2 All trademarks, service marks and logos used in this Site are the property of Employable Me and/or the respective organisations identified in this Site, and may not be reproduced or appropriated in any manner without the written permission of their respective owners.
5. Code of Conduct
5.1 You agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of this Site and/or the Services.
5.2 In connection with your use of this Site and/or the Services, you agree that you shall not:
5.2.1 Reproduce, transmit, distribute, publish, perform, broadcast, store, adapt, distribute, display, license, alter, hyperlink or otherwise use in whole or in part in any manner any Content or any part of this Site without the prior written consent of Employable Me or the respective rights holder;
5.2.2 Use this Site in relation to any purpose or activity that is inappropriate, offensive, unlawful, illegal, harmful or fraudulent, or any manner which in our sole discretion is objectionable, interferes with the proper working of this Site or the Services, or which may affect Employable Me’s reputation in any way;
5.2.3 Transmit any material or information which violates or encourages the violation of any law or the proprietary or intellectual property rights of any party.
6. User accounts – General
6.1 You are not required to provide your personal data to us if you wish to browse the Site as a visitor. However, unless you create a user account with us and provide certain information to us, we may not be able to provide you access to or use of some of the Services. Your access and use of the Services, whether as a visitor or as a user account holder, are subject to these Terms and Conditions.
6.2 You must provide truthful, complete and updated information when creating a user account with us. You agree not to post false information or misrepresent your identity, including but not limited to false information in respect of a job or company, or your own credentials as a job applicant.
6.3 You shall not create an account for someone else or allow someone else to use your user account. You agree to inform us immediately if you know of or suspect any unauthorised use of or access to your user account.
6.4 You agree that we may take any of the following actions in our sole discretion at any time, and without giving you prior notice, in relation to your use of the Site and the Services:
6.4.1 Change, suspend or discontinue all or any part of the Site or the Services;
6.4.2 Remove from the Site any content including that provided or published by you;
6.4.3 Restrict, suspend or terminate your access to the Site and the Services; and
6.4.4 Deactivate your account and delete all related information in your user account.
7. User accounts – WorkForce Australia and Disability Employment Services
7.1 Certain sections of this Site are available only to participants or clients registered with Employable Me under WorkForce Australia and Disability Employment Services
7.2 Job vacancies advertising employment opportunities and other job-related content under WorkForce Australia and Disability Employment Services are hosted by a third party Indeed and subject to Indeed’s Terms of Service which are available on its own Site (available here).
7.3 Employable Me assumes no responsibility and disclaims all liability for the content, accuracy, completeness, legality, reliability or availability of any job vacancies or other information listed on the Site, or other information submitted by Indeed, any employer or other user.
7.4 Employable Me makes no guarantee regarding the availability of any particular job opportunity advertised via this Site and is not liable to any person or organisation should a job or position not be available.
7.5 Employable Me reserves the right to withhold or not accept applications to facilitate employment opportunities between employers and job seekers in its sole discretion.
7.6 Employable Me does not guarantee that a suitable employee for an advertised job will be located and successful recruited via this Site or associated services.
8. Notice to Employers
8.1 Job advertisements and information that you provide to this Site must comply with all applicable laws, regulations and by-laws, including but not limited to:
8.1.1 Competition and Consumer Act 2010 (Cth) which provides that a company must not mislead persons seeking employment as to the availability, nature, terms and conditions, or any matter which relates to the employment opportunity being advertised or offered;
8.1.2 All anti-discrimination and equal opportunity legislation (State, Territory and Commonwealth),
8.1.3 Human Rights and Equal Opportunity legislation,
8.1.4 Fair Trading Acts (State and Territory), and
8.1.5 Privacy Act 1988 (Cth) and the Australian Privacy Principles.
8.2 Employable Me does not guarantee that a suitable employee for an advertised job will be located and successful recruited via this Site or associated services.
9. Exclusion of liability
9.1 The information on this Site shall be accessed and used at your own risk. Employable Me shall not be liable for any direct, indirect, incidental, special, exemplary, consequential or other damages whatsoever (including but not limited to liability for loss of use, data or profits), including but not limited to contract, negligence or other tortious actions, arising out of or in connection with this Site, even if Employable Me and/or its affiliates and subsidiaries and their respective directors, officers, employees, agents, partners, principals, representatives and other connected persons thereof have been advised of the possibility of such damages or losses that were, are being or will be incurred.
10. Indemnity
10.1 You hereby agree to indemnify Employable Me against all damages, losses, expenses and costs (including legal costs) suffered or incurred by us in connection with or arising from:
10.1.1 Your access of this Site and/or use of the Services;
10.1.2 Any other party's access of this Site and/or use of Services using your user account;
10.1.3 Your breach of any of these Terms and Conditions;
10.1.4 Any other party's breach of these Terms and Conditions where such party was able to access this Site and/or use the Services by using your user account.
11. Third party websites, webpages and programmes
11.1 We do not accept any responsibility for third party websites, webpages or programmes (including computer software) accessible via or referred to on our website. We do not exercise any control over third party websites, weblinks and programmes and are not responsible for their contents or use. By linking or referring to a third party website, webpage or programme, we do not represent or imply that we endorse, recommend or sponsor such website, webpage or programme. You are responsible for taking precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
12. Governing law and jurisdiction
12.1 By accessing this Site and/or using the Services, you agree that such access and/or use, as well as these Terms and Conditions shall be governed by and construed in accordance with the laws of Western Australia and you agree to submit to the non-exclusive jurisdiction of the courts of Western Australia.
13. Updates to the Terms and Conditions
13.1 We may update these Terms and Conditions at any time. Such updates or variations shall be effective upon posting of the same on this Site. Your continued use of this Site and the Services will constitute your acceptance of the changes to these Terms and Conditions. If you do not agree to a change, you must stop using this Site and/or the Services.