FAQ

Terms and Conditions

Terms and Conditions

May 2010

1. Accepting the Work-History Terms of Use

1.1 in order to use the Work-History services, you must first agree to the terms. You may not use the services if you do not accept the terms.

1.2 you can accept the terms by:

(a) actually using the Work-History services. If you use the services, you agree and understand that Work-History will acknowledge your use of the services as acceptance of the Work-History terms from that point onwards

or

(b) clicking to accept the terms, in the Work-History website where this option is made available to you by Work-History

1.3 you may not use the Work-History services and may not accept the terms if (a) you are not of legal age to form a binding contract with Work-History, or (b) you are a person barred from receiving the services under international laws, including the country in which you are resident or from which you use the Work-History services.

1.4 before you continue, you should print off or save a local copy of the Global Work-History terms for your records.

2. Your Relationship with Work-History

2.1 your use of Work-History’s products, software, services and web sites (referred to collectively as the “services” in this document and excluding any services provided to you by Work-History under a separate written agreement) is subject to the terms of a legal agreement between you and Work-History. “Work-History” means Work-History whose principal place of business is at Sydney. Australia. This document explains how the agreement is made up, and sets out some of the terms of that agreement.

2.2 unless otherwise agreed in writing with Work-History, your agreement with Work-History will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Global Work-History terms”.

2.3 the Global Work-History terms form a legally binding agreement between you and Work-History in relation to your use of the services. It is important that you take the time to read them carefully. This legal agreement is referred to below as the “terms”.

3. Provision of the Services by Work-History

3.1 Work-History is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the services which Work-History provides may change from time to time without prior notice to you.

3.2 as part of this continuing innovation, you acknowledge and agree that Work-History may stop (permanently or temporarily) providing the services (or any features within the services) to you or to users generally at Work-History’s sole discretion, without prior notice to you. You may stop using the services at any time. You do not need to specifically inform Work-History when you stop using the services.

3.3 you acknowledge and agree that if Work-History disables access to your account, you may be prevented from accessing the services, your account details or any files or other content which is contained in your account.

3.4 you acknowledge and agree that while Work-History may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the services or on the amount of storage space used for the provision of any service, such fixed upper limits may be set by Work-History at any time, at Work-History’s discretion.

4. Use of the Services by You

4.1 in order to access certain services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the service, or as part of your continued use of the services. You agree that any registration information you give to Work-History will always be accurate, correct and up to date.

4.2 you agree to use the services only for purposes that are permitted by (a) the terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions including any laws regarding the export of data or software to and from any country

4.3 you agree not to access (or attempt to access) any of the services by any means other than through the interface that is provided by Work-History, unless you have been specifically allowed to do so in a separate agreement with Work-History. You specifically agree not to access (or attempt to access) any of the services through any automated means (including use of scripts or web crawlers).

4.4 you agree that you will not engage in any activity that interferes with or disrupts the services (or the servers and networks which are connected to the services).

4.5 unless you have been specifically permitted to do so in a separate agreement with Work-History, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the services for any purpose.

4.6 you agree that you are solely responsible for (and that Work-History has no responsibility to you or to any third party for) any breach of your obligations under the terms and for the consequences (including any loss or damage which Work-History may suffer) of any such breach.

5. Your PIN, Consent, Passwords and Account Security

5.1 you agree and understand that you are responsible for maintaining the confidentiality of all PIN’s and passwords associated with any account you use to access the services.

5.2 accordingly, you agree that you will be solely responsible to Work-History for all activities that occur under your account.

5.3 if you become aware of any unauthorised use of your PIN, Consent, password or of your account, you agree to notify Work-History immediately by email at admin@work-history.com

6. Privacy and Your Personal Information

6.1 for information about Work-History’s data protection practices, please read Work-History’s privacy policy here. This policy explains how Work-History treats your personal information, and protects your privacy, when you use the services.

6.2 you agree to the use of your data in accordance with Work-History’s privacy policies.

7. Content in the Services

7.1 you understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “content”.

7.2 you should be aware that content presented to you as part of the services, including but not limited to advertisements in the services and sponsored content within the services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that content to Work-History (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this content (either in whole or in part) unless you have been specifically told that you may do so by Work-History or by the owners of that content, in a separate agreement.

7.3 Work-History reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content from any service.

7.4 you understand that by using the services you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the services at your own risk.

7.5 you agree that you are solely responsible for (and that Work-History has no responsibility to you or to any third party for) any content that you create, transmit or display while using the services and for the consequences of your actions (including any loss or damage which Work-History may suffer) by doing so.

7.6 When you post User Content to the Site, you authorise and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Work-History an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorise sublicenses of the foregoing.

7.7 All Content posted onto Work-History must abide by the following terms;

(a) must not contain material that is illegible, incomprehensible, derogatory, offensive, defamatory, violent, obscene, in bad taste, threatening, racially, religiously or ethnically discriminatory, homophobic, sexist or illegal;

(b) must not contain any material that encourages anyone to do anything illegal or dangerous;

(c) must not invade someone's privacy without their consent;

(d) must not infringe copyright or other intellectual property rights owned by any party or include anybody else's material, including without limitation any performances, lyrics, musical score or other copyright material, without their consent or licence;

(e) must not contain any nudity or other material that could be considered offensive;

(f) must not contain any advertising material unless specifically agreed to by Work-History in writing in advance of posting

(g) must not be commercial content or content posted for profit unless specifically agreed to by Work-History in writing in advance of posting

(h) must have been consented for publication by the employee prior to being posted on the website

(i) consent for publication is permanently binding and cannot be withdrawn once given as it is unconditional and irrevocable

(j) proof of consent for publication must be permanently retained by the employer and must be provided upon demand by Work-History

7.8 Work-History reserves the right to Final determination over acceptable content

7.9 Work-History will be under no obligation to promote, provide alternative hosting or in any way be expected to distribute content which has been deemed to be non-compliant with the Work-History Terms and Conditions

7.10 Users may or may not be informed if their posted content is deemed to be in breach of the Work-History Terms and Conditions

7.11 By posting content on Work-History you warrant to Work-History:

(a) You own or have the right to licence to Work-History the right to use or communicate to the Public, all intellectual property rights, including all copyright, contained in the content which you have posted or inferred on Work-History, without limitation

(b) You grant Work-History a worldwide, perpetual, irrevocable, royalty free licence (including the right to sub-licence) to use, reproduce, modify, alter, or adapt the Work-History content and communicate it to the public in any form and in any media for any purpose

(c) that your Work-History content and compliance with Work-History Terms and Conditions does not breach any existing agreement or arrangement between you and any other person or organisation or infringe the rights (including intellectual property rights) of any Third Party

(d) You waive any or all Moral Rights you have in the Work-History content within or outside Australia

(e) You agree not to institute, maintain or support any claim for infringement of your Moral Rights in your Work-History content

(f) if your Work-History content includes references to other people or organisations, or other people have contributed to the creation of Work-History content, you have gained their unconditional and irrevocable consent for Work-History to use the content in accordance with the Work-History Terms and Conditions, and that they are bound by the Work-History Terms and Conditions as if they had agreed to these Terms and Conditions directly themselves

(g) each person who submits or edits Work-History content and if that person is under 18 years of age, their parent or guardian, acknowledges or agrees that it is a condition of these Terms and Conditions that the person submitting the content be capable of agreeing to these Terms and conditions and giving the consents contained herein

(h) the parent or guardian of any person under the age of 18 years who submits content to Work-History, will ensure that the person who submits the Work-History content in respect of whom they agree to these Terms and Conditions will comply with these Terms and Conditions

(i) the parent or guardian of any person under the age of 18 years who submits content to Work-History, agrees to Indemnify Work-History and contractors for and against any claims made by the person who submits Work-History content, his or her guardian or any member of his or her family against any Indemnified Party and any losses including any liability caused by any conduct of the person who submits Work-History content which is inconsistent with these terms and Conditions

8. Proprietary Rights

8.1 you acknowledge and agree that Work-History (or Work-History’s licensors) own all legal right, title and interest in and to the services, including any intellectual property rights which subsist in the services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the services may contain information which is designated confidential by Work-History and that you shall not disclose such information without Work-History’s prior written consent.

8.2 unless you have agreed otherwise in writing with Work-History, nothing in the terms gives you a right to use any of Work-History’s patents, trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.

8.3 if you have been given an explicit right to use any of these brand features in a separate written agreement with Work-History, then you agree that your use of such features shall be in compliance with that agreement and any applicable provisions of the terms.

8.4 you agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the services.

8.5 unless you have been expressly authorised to do so in writing by Work-History, you agree that in using the services, you will not use any trade mark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.

9. Licence from Work-History

9.1 Work-History gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by Work-History as part of the services as provided to you by Work-History (referred to as the “software” below). This licence is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by Work-History, in the manner permitted by the terms.

9.2 you may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Work-History, in writing.

9.3 unless Work-History has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the software, grant a security interest in or over your rights to use the software, or otherwise transfer any part of your rights to use the software.

10. Content Licence From You

10.1 you retain copyright and any other rights you already hold in content which you submit, post or display on or through, the services. By submitting, posting or displaying the content you give Work-History a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any content which you submit, post or display on or through, the services. This licence is for the sole purpose of enabling Work-History to display, distribute and promote the services and may be revoked for certain services as defined in the additional terms of those services.

10.2 you agree that this licence includes a right for Work-History to make such content available to other companies, organisations or individuals with whom Work-History has relationships for the provision of syndicated services, and to use such content in connection with the provision of those services.

10.3 you understand that Work-History, in performing the required technical steps to provide the services to our users, may (a) transmit or distribute your content over various public networks and in various media; and (b) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit Work-History to take these actions.

10.4 you confirm and warrant to Work-History that you have all the rights, power and authority necessary to grant the above licence.

11. Ending your Relationship with Work-History

11.1 the terms will continue to apply until terminated by either you or Work-History as set out below.

11.2 if you want to terminate your legal agreement with Work-History, you may do so by (a) notifying Work-History at any time and (b) closing your accounts for all of the services which you use, where Work-History has made this option available to you. Your notice should be sent, by email, to admin@work-history.com

11.3 Work-History may at any time, terminate its legal agreement with you if:

(a) you have breached any provision of the terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the terms); or

(b) Work-History is required to do so by law (for example, where the provision of the services to you is, or becomes, unlawful); or

(c) the partner with whom Work-History offered the services to you has terminated its relationship with Work-History or ceased to offer the services to you; or

(d) Work-History is transitioning to no longer providing the services to users in the country in which you are resident or from which you use the service; or

(e) the provision of the services to you by Work-History is, in Work-History’s opinion, no longer commercially viable.

11.4 when these terms come to an end, all of the legal rights, obligations and liabilities that you and Work-History have benefited from, been subject to (or which have accrued over time whilst the terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 18.7 shall continue to apply to such rights, obligations and liabilities indefinitely.

12. Exclusion of Warranties

12.1 nothing in these terms, including sections 14 and 15, shall exclude or limit Work-History’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.

12.2 you expressly understand and agree that your use of the services is at your sole risk and that the services are provided "as is" and “as available.”

12.3 in particular, Work-History, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that:

(a) your use of the services will meet your requirements,

(b) your use of the services will be uninterrupted, timely, secure or free from error,

(c) any information obtained by you as a result of your use of the services will be accurate or reliable, and

(d) that defects in the operation or functionality of any software provided to you as part of the services will be corrected.

12.4 any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

12.5 no advice or information, whether oral or written, obtained by you from Work-History or through or from the services shall create any warranty not expressly stated in the terms.

12.6 Work-History further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

13. Limitation of Liability, and Indemnity

13.1 subject to overall provision in paragraph 12.1 above, you expressly understand and agree that Work-History, its subsidiaries and affiliates, and its licensors shall not be liable to you for:

(a) any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;

(b) any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:

(i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services;

(ii) any changes which Work-History may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);

(iii) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services;

(iv) your failure to provide Work-History with accurate account information;

(v) your failure to keep your password or account details secure and confidential;

13.2 the limitations on Work-History’s liability to you in paragraph 13.1 above shall apply whether or not Work-History has been advised of or should have been aware of the possibility of any such losses arising.

13.3 Indemnity - You shall defend, indemnify, and hold harmless Work-History and each of its employees, contractors, directors, suppliers and representatives from all liabilities, claims and expenses, including legal costs, that arise from or relate to (i) your use or misuse of, or access to, the Site, Service, Content or otherwise from your content, (ii) your violation of the Terms of Use, or (iii) infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Work-History reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Work-History in asserting any available defences.

14. Copyright and Trademark Policies

14.1 it is Work-History’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law and to terminating the accounts of repeat infringers.

14.2 Work-History operates a trade mark complaints procedure in respect of Work-History’s advertising business, details of which can be received by emailing a request to admin@work-history.com

15. Advertisements

15.1 some of the services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the services, searches made through the services or other information.

15.2 the manner, mode and extent of advertising by Work-History on the services are subject to change without specific notice to you.

15.3 in consideration for Work-History granting you access to and use of the services, you agree that Work-History may place such advertising on the services.

16. Other Content

16.1 the services may include hyperlinks to other web sites or content or resources. Work-History may have no control over any web sites or resources which are provided by companies or persons other than Work-History.

16.2 you acknowledge and agree that Work-History is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

16.3 you acknowledge and agree that Work-History is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

17. Changes to the Terms

17.1 Work-History may make changes to the Global Work-History terms or additional terms from time to time. When these changes are made, Work-History will make a new copy of the global Work-History terms available at http://work-history.com/eng/FAQ/Terms-and-Conditions and any new additional terms will be made available to you from within, or through, the affected services.

17.2 you understand and agree that if you use the services after the date on which the global Work-History terms or additional terms have changed, Work-History will treat your use as acceptance of the updated global Work-History terms or additional terms.

18. General Legal Terms

18.1 sometimes when you use the services, you may (as a result of, or through your use of the services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the terms do not affect your legal relationship with these other companies or individuals.

18.2 the terms constitute the whole legal agreement between you and Work-History and govern your use of the services (but excluding any services which Work-History may provide to you under a separate written agreement), and completely replace any prior agreements between you and Work-History in relation to the services.

18.3 you agree that Work-History may provide you with notices, including those regarding changes to the terms, by email, regular mail, or postings on the services.

18.4 you agree that if Work-History does not exercise or enforce any legal right or remedy which is contained in the terms (or which Work-History has the benefit of under any applicable law), this will not be taken to be a formal waiver of Work-History’s rights and that those rights or remedies will still be available to Work-History.

18.5 if any court of law, having the jurisdiction to decide on this matter, rules that any provision of these terms is invalid, then that provision will be removed from the terms without affecting the rest of the terms. The remaining provisions of the terms will continue to be valid and enforceable.

18.6 you acknowledge and agree that each member of the group of companies of which Work-History is the parent shall be third party beneficiaries to the terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be third party beneficiaries to the terms.

18.7 the terms, and your relationship with Work-History under the terms, shall be governed by the laws of the state of New South Wales without regard to its conflict of laws provisions. You and Work-History agree to submit to the exclusive jurisdiction of the courts located within the state of New South Wales to resolve any legal matter arising from the terms. Notwithstanding this, you agree that Work-History shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.