Welcome to Contract Hospitality Staff

TERMS AND CONDITIONS

These terms and conditions form an agreement between you, the end user and ContractHospitalityStaff.com ("CHS") in relation to the use of services provided by CHS through the CHS website and employment portal ("the Portal"). It is a pre-condition to being registered as a user of the Portal that you accept and agree to be bound by these terms and conditions.

If you do not accept these terms and conditions, you must not use or access the Portal.

Please read this agreement carefully before accessing or using the information and services available through the CHS Portal. By accessing or using the Portal, you agree to be bound by the terms and conditions below. CHS may modify this agreement at any time, and such modifications shall be effective immediately upon posting the modified agreement on the Portal. Advertiser terms and conditions must be accepted and adhered to by Advertisers who use CHS's services and the Portal. CHS also has a comprehensive privacy policy for users of the Portal.

1.INTELLECTUAL PROPERTY

Copyright in the material and trademarks on this Portal are owned by CHS unless otherwise indicated and you agree not to infringe any intellectual property rights owned by CHS.

All intellectual property (including copyright) incorporated in the Portal (including, without limitation, text, graphics, logos, icons, sound recordings and/or software) is owned or licensed by CHS. Information provided by third parties appearing on this site may be the subject of intellectual property rights owned by such third parties. Other than as expressly permitted by these terms and conditions, the Registered User Terms and Conditions or law, you must not in any form or by any means:

modify, copy, adapt, reproduce, post, store, distribute, print, display, perform, publish or create derivative works from any part of the Portal;
decompile, reverse engineer, disassemble or otherwise derive the source code or database structures of the Portal;
use any automated processes of any sort to query, data-mine, screenscrap, access or copy information or content presented on the Portal nor use any other similar data extraction and/or gathering tools; or
commercialise any information, products or services obtained from any part of the Portal,

without the express written permission of CHS or, in the case of third party material, from the owner of the intellectual property rights in such material.

You hereby grant CHS an irrevocable, royalty free, transferable license to use, modify, copy, adapt, reproduce, distribute or otherwise use the benefit of any and all intellectual property rights comprised in any material submitted through the Portal for the purpose of running, managing, promoting, reproducing or otherwise in connection with the Portal.

2.INFORMATION FOR PERSONAL, NON-COMMERCIAL USE ONLY

You acknowledge and agree that you are granted access to and use of the Portal only in accordance with these terms and conditions.

You agree that information contained on this Portal is for personal use only and may not be sold, redistributed or used for any commercial purpose (this includes but is not limited to the use of Advertiser contact details for unsolicited commercial correspondence). You may download material from this Portal for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.

You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Portal including code and software. You must not use this Portal for any purpose that is unlawful or prohibited by these terms of use.

Unless otherwise agreed by CHS in writing, you must not use the Portal, or the information available on it, to establish, promote, maintain or provide, or assist in establishing, promoting, maintaining or providing your own publication, internet site or other means of commercial or non-commercial distribution.

You agree to use the Portal for lawful purposes only

3.PROVISION OF INFORMATION

You acknowledge and agree that through the registration process and subsequently through your use of the Portal, you will provide information (for example, a description of yourself/your company or the type of work/employee sought) that may become publicly available on the website and to other users of the Portal. For this reason, you should not post any information (whether about yourself or otherwise) that you do not want to be publicly available. CHS will not, however, disclose any contact information either on the website or to other Portal users without your express consent.

As CHS will be hosting and other Portal users will be relying on the information you provide, as a condition of your use of the Portal, you agree that you will not provide inaccurate, misleading or deceptive information or material to the Portal in any respect (including by omission) and you indemnify CHS in respect of any claim, costs or liability it may incur in respect of your breach of this condition. CHS reserves the right to monitor communication taking place through the use of the Portal.

4.INFORMATION DOES NOT REPRESENT PROFESSIONAL ADVICE

You acknowledge and agree that information published by CHS is intended to provide general information in summary form on legal and other issues.

CHS does not endorse or recommend any of the jobs, business or self-employment opportunities advertised on its Portal and CHS strongly recommends that prior to entering into any agreement with any of the Advertisers on the Portal, that you obtain your own independent legal, accounting, financial or taxation advice as appropriate. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Portal or on the Internet generally.

In no event will CHS be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any information contained on or omitted from the Portal.

5.PRICE LIST

You acknowledge and agree that by using the facilities and services offered through the Portal, you agree to pay to CHS all fees, charges and other amounts that may be incurred in respect of those facilities and services in accordance with the Portal's Price List as it may be amended from time to time ("Fees").

You agree to pay the Fees for all facilities and services used by your account, whether such facilities or services were used by you personally or not. In the event that your account becomes overdrawn, you agree to pay to CHS an amount at least sufficient to restore your account to a credit balance within seven (7) days of such an event occurring.

Payments for use of the Portal may be made using VISA, MasterCard, or American Express credit cards, or by direct debit from your bank account. These payments can ONLY be made through the payment facility provided by CHS on the ContractHospitalityStaff.com website.

While CHS shall use all reasonable endeavours to ensure the security and privacy of all payment details submitted through the Portal, it shall not be liable for an unauthorised use of your payment details as a result of circumstances outside its control. You will not be entitled to any refund of any Fees unless CHS are required by law to refund such Fees.

6.NO GUARANTEES OF JOB VACANCY

CHS gives no guarantee to you of the continued availability of any particular job advertised on the Portal and will not be liable to you should an advertiser have filled the vacancy at any time prior to removal of the advertisement from the Portal.

Whilst CHS takes efforts to ensure that jobs advertised are for actual job vacancies, it gives no guarantee to you that every job advertisement represents an actual job vacancy.

7.NO GUARANTEES OR ENDORSEMENTS OF SITES OR SERVICES WE LINK TO OR THAT LINK TO US

CHS provides links and pointers to Internet sites maintained by third parties from its Portal. Such linked sites are not under the control of CHS and CHS is not responsible for the contents (including the accuracy, legality or decency) of any linked site or any link contained in a linked site. CHS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CHS of the linked site. CHS is not responsible for the copyright compliance of any linked site. CHS will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party.

You acknowledge and agree that CHS does not warrant, nor is it responsible for the material contained on linked websites, including, without limitation, the extent to which they may comply with any applicable intellectual property or other laws.

You acknowledge and agree that CHS will not be liable for any loss or damage resulting out of or in connection with any information or third party services provided by, through or as a result of accessing a linked website.

8.USE OF INTERACTIVE FORUMS

If the Portal contains bulletin boards, chat rooms, or other message or communication facilities (collectively, "Forums"), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum.

By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:

defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information;
upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
falsify the origin or source of software or other material contained in a file that is uploaded;
advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters; or
download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.

You acknowledge that all Forums are public and not private communications. Further, you acknowledge that chats, postings, conferences, and other communications by other users are not endorsed by CHS, and such communications shall not be considered reviewed, screened, or approved by CHS.

CHS reserves the right for any reason to remove without notice, any contents of the Forums received from users, including without limitation bulletin board postings. CHS reserves the right to deny in its sole discretion any user access to the Portal or its websites or any portion thereof without notice.

9.NO GUARANTEES AS TO THE SERVICE

CHS provides no warranty to you that the services generally available through its Portal will be uninterrupted or error-free or that defects in the service will be corrected. You also understand that CHS cannot and does not guarantee or warrant to you that files available for downloading through the Portal or delivered via electronic mail through the Portal will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Portal for the reconstruction of any lost data.

All information provided on the Portal pursuant to these terms and conditions is provided in good faith. You accept that any information so provided is general information and is not in the nature of advice or other form of professional assistance.

Given the nature of the information provided on the Portal, being provided predominantly by third parties, you acknowledge that CHS cannot and does not make any representations or warranties that the information provided is reliable, accurate or complete.

The information, software, products and services published on the Portal may include inaccuracies or typographical errors and changes may be periodically added or made to the information contained on the Portal. The Portal may be amended or improved at any time.

CHS is not liable for any loss resulting from any action taken or reliance made by you on any information or material posted available on the Portal. You should make your own inquiries and seek independent advice from a relevant industry professional before acting or relying upon any information or material that is made available to you on the Portal.

Given the nature of the Internet and of the information provided on the Portal, you acknowledge and agree that CHS does not warrant that your access to the Portal or to the information provided on it will be uninterrupted, timely or secure.

10.OUR RIGHTS TO USE INFORMATION YOU SEND US

CHS welcomes ideas and feedback from you about all aspects of the Portal. You agree that CHS may reproduce, distribute, transmit, create derivative works of, and publicly display any materials and other information (including ideas for new or improved products and services) that you submit to any public areas of the Portal (such as bulletin boards, forums and newsgroups) or by email to CHS. (Please read our privacy policy for more information as to how we deal with information you send to us.)

11.NO GUARANTEE AS TO SECURITY OF YOUR INFORMATION

While CHS takes all due care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the Internet or while stored on CHS systems or on CHS's Portal. CHS disclaims all liability to you to the greatest extent possible pursuant to law should this occur.

12.YOUR RESPONSIBILITY FOR YOUR PASSWORD AND LOGIN

In order to use the Portal, you must become a registered user. Through the signup process, ContractHospitalityStaff.com will request a number of personal details for use in connection with the Portal. ContractHospitalityStaff.com undertakes to only use such information provided in accordance with its Privacy Policy.

Through the registration process, you will be asked to select a username and password, which will be required each time you access the Portal. CHS recommends the selection of a secure password (one that is difficult to guess, for example, containing a combination of letter and numbers and not simply a name or date of birth), which should be kept confidential at all times. You acknowledge and agree that you are responsible for maintaining this confidentiality and CHS cannot be held responsible for any unauthorised use that is made of your account through persons guessing your password or through your disclosure.

You are entirely responsible if you do not maintain the confidentiality of your password and login name. Furthermore, you are entirely responsible for any and all activities that occur under your login name. You may change your password or login at any time by following instructions; you may also delete services attached to your registration at your convenience.

You acknowledge that you will be responsible for all activity (including the incurring of fees or costs) utilising your account and indemnify CHS in this regard.

You agree to immediately notify CHS of any unauthorized use of your login name or any other breach of security known to you.

CHS recommends that you change your password on a regular basis, or immediately if you suspect there has been unauthorised access or activity on your account. You may change your password by logging into the Portal and following the appropriate instructions.

13.PHOTO

By posting a photo on the ContractHospitalityStaff.com website, you confirm that you have full authority for its use and the photo is a true and accurate representation of you.

By posting your photo to ContractHospitalityStaff.com, you grant permission for CHS to use your likeness in any and all of its publications, including but not limited to website entries, without payment or any other consideration.

By posting a photo, you irrevocably authorise CHS to edit, alter, copy, exhibit, publish or distribute this photo for purposes of publicising ContractHospitalityStaff.com or for any other lawful purpose.

In addition, you waive the right to inspect or approve the finished product, including written or electronic copy, wherein your likeness appears. Additionally, you waive any right to royalties or other compensation arising or related to the use of the photograph.

You agree to hereby hold harmless and release and forever discharge CHS from all claims, demands, and causes of action which you, your heirs, representatives, executors, administrators, or and other persons acting on your behalf or on behalf of your estate have or may have by reason of this authorisation.

14.NO MISREPRESENTATIONS ALLOWED

You agree that it is a condition on your use of the CHS resume database facility and of any other services provided by CHS or through the Portal that you will not either through any act (including but not limited to posting a resume of the CHS Portal) or omission mislead or deceive others. You agree to fully indemnify CHS with respect to any loss or damage which occurs as a result of any misleading or deceptive conduct and will not hold CHS liable for any loss or damage occasioned by any misleading or deceptive conduct by any other user of the Portal.

15.PROHIBITIONS

You must not submit for publication on the Portal or elsewhere, any advertisement, notice or material that:

does not comply with all relevant laws, common law or regulations, including the Human Rights and Equal Opportunity Commission Act 1986 (Cth), all other applicable equal opportunity or anti-discrimination legislation of the states or territories, relevant industry regulations, standards of practice or codes of conduct;
infringes the intellectual property rights of any person;
is obscene, offensive, defamatory or in any way unsuitable for people under the age of eighteen (18) years;
comprises anything that may be used for any purpose or activity of an illegal, fraudulent or defamatory nature;
is misleading or deceptive or likely to mislead or deceive; or

which comprises anything which may adversely reflect on CHS.

16.INDEMNITY

You hereby release and indemnify CHS, its employees and agents against all actions, claims and demands (including the cost of defending or settling any actions, claims and demands) which may be instituted against CHS arising out of:

your breach of these terms and conditions;
any wilful, unlawful or negligent act in which you engage;

the publication or distribution by CHS or any other person of any material supplied by you through the Portal.

17.TERMINATION OF ACCESS

CHS may terminate or suspend access to the Portal or to your account at any time without notice or reason. Notwithstanding such a termination occurring, the provisions of these terms and conditions capable of continuing in operation shall do so to their full force and effect.

18.DISCLAIMER

You acknowledge and agree that CHS is not responsible for any loss or damage, howsoever caused (including through negligence), that you may directly or indirectly suffer in connection with your use of the Portal or any linked website. You also acknowledge and agree that CHS is not responsible for any such loss arising out of your use of or in reliance on the information contained on or accessed through the Portal.

To the maximum 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 that cannot be excluded or modified, that condition or warranty is hereby included in these terms and conditions, however, to the maximum extent permitted by law, CHS's liability will be limited, for a breach of such a condition or warranty to one or more (at CHS's absolute discretion) of the following:

if the breach relates to goods:

the replacement of the goods or the supply of equivalent goods;
the repair of such goods;
the payment of the cost of replacing the goods or of acquiring equivalent goods; or
the payment of the cost of having the goods repaired; and

if the breach relates to services:

the supplying of the services again; or
the payment of the cost of having the services supplied again.

19.GENERAL PROVISIONS

CHS provides the Portal and its related services as an introductory service only. No relationship other those that specifically contemplated by these terms and conditions are formed between CHS and the user, for example, that of employer and employee, principal and contractor or any other such legal relationship. All users acknowledge and agree that they (being both employers and staff) are responsible for compliance with all industrial relations, taxation, workplace health and safety and all other applicable laws or codes.

You must ensure that your access to this web site is not illegal or prohibited by laws that apply to you.

CHS does not warrant the accuracy, adequacy or completeness of any information available through the Portal, nor does it undertake to keep the Portal updated. CHS is not responsible for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on the Portal.

The Portal may include advertisements place or paid for by third parties. The placement of such advertisements does not constitute a recommendation or endorsement by CHS of the advertisers' products and users acknowledge and agreement that the advertiser itself is solely responsible for any representations made in connection with the advertisement and release CHS is this regard.

CHS may amend the terms and conditions at any time without notice. Any new terms and conditions will be posted on the Portal and shall be effective immediately upon CHS doing so.

If any part of this agreement is held invalid that part shall be severed from this agreement and the remainder of this agreement will continue to be valid and enforceable.

If CHS waives any rights available to it under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and CHS as a result of these terms and conditions or use of the Portal.

Any rights not expressly granted herein are reserved.

In addition to these general terms and conditions, CHS reserves the right to refuse acceptance of any registration, advertisement, submission or other material it considers inappropriate for whatever reason.

Termination of this agreement will not end those provisions that are capable of surviving the ending of this agreement.

The laws governing this agreement will be the laws in Queensland, Australia and you irrevocably submit to the exclusive jurisdiction of its Courts and its Appellate Courts and the jurisdiction of the Federal Court of Australia sitting in Queensland.

20.SPECIFIC TERMS - EMPLOYERS

The terms and conditions contained in this clause shall apply to users who at any time utilise the staff-seeking or employer functions of the Portal, in addition to all other terms and conditions.

In addition to all other warnings, exclusions and other provisions of these terms and conditions, all users acknowledge and agree that:

in particular, all requests for staff placed through the portal must not be discriminatory, or in any other way unlawful;
CHS does not warrant that any staff suitable or appropriate for the position to be filled by the user will be available through the Portal;
simply by their appearance on the portal, CHS does not recommend, endorse or verify the suitability of any users seeking work for your particular circumstances;
1.all information in relation to available staff on the Portal is provided by users themselves and CHS has no ability or means through which to verify the information provided and provides no warranty or guarantee in relation to such information (for example, that a particular person possesses the relevant qualification, skills or abilities for the position sought to be filled);
even if confirmed through the Portal, CHS does not guarantee that staff will attend at the time or place designated by the employer;
even if staff attend at the time or place designated by the employer, that they will continue to do so for the designated period,
any agreement reached with a work seeker is between you and the work seeker and that CHS is not in any way a party to same;

and you agree to release, indemnify, discharge and forever hold CHS harmless from any action or other claim or demand that may be made in respect of any of these circumstances.

21.SPECIFIC TERMS - WORK SEEKERS

The terms and conditions contained in this clause 14 shall apply to users who at any time utilise the work-seeking or employee functions of the Portal, in addition to all other terms and conditions.

In addition to all other warnings, exclusions and other provisions of these terms and conditions, all users acknowledge and agree that:

CHS does not guarantee that potential employers using the Portal will, at any particular time, have or make any offers of available work which is suitable or desirable for you or at all;
CHS gives no guarantee to you of the continued availability of any particular work offered, advertised or sent to you and will not be liable to you should an employer user fill the work offered at any time;
as all information is provided by third parties, CHS gives no guarantee to you that work offered, advertised or sent to you represents an actual work vacancy or is in any other way truthful, accurate or appropriate;
simply by their appearance on the portal, CHS does not recommend, endorse or verify the suitability of any employers for your particular circumstances;
all information in relation to available work on the Portal is provided by employers themselves and CHS has no ability or means through which to verify the information provided and provides no warranty or guarantee in relation to such information;
even if confirmed through the Portal, CHS does not guarantee that employers will comply with the terms of the confirmation;
CHS does not guarantee the availability (or any continuing availability once initially engaged by an employer) of any work offered by an employer for the confirmed, or any other, extended period;
any agreement reached between an employer and yourself is strictly between that employer and yourself and you acknowledge that CHS is not a party to same;

and you agree to release, indemnify, discharge and forever hold CHS harmless from any action or other claim or demand that may be made in respect of any of these circumstances.

22.DEFINITIONS

For the purposes of this agreement the words "CHS", "ContractHospitalityStaff.com", "We", "Our" and "Us" refer to CHS and "Portal" to materials delivered on ContractHospitalityStaff.com and other co-branded versions of the site.

In the interpretation of these terms and conditions, unless the context or subject matter otherwise requires:

"CHS" means Contract Hospitality Staff (ABN xxx xxx xxx) and its successors, administrators and assigns;
"Portal" means the CHS website and employment portal, owner and operated by CHS;
"terms and conditions" means primarily these CHS Registered Users Terms and Conditions and where the context permits, also the CHS General Website Terms and Conditions, the CHS website Privacy Policy and any other applicable provisions governing the use of the Portal as they may be amended from time to time;
"you" means you, the user of the Portal, a work seeker or an employer; and
"website" means the CHS website, owned and operated by CHS, located at www.ContractHospitalityStaff.com