ONESHIFT TERMS OF USE

Welcome to OneShift, the service that provides a network for job seekers and business to find and provide temporary employment. Please read these terms and conditions ("Terms") carefully to be sure that you understand them. Once you have completed your online registration procedure, your membership will be activated and you will be legally bound by these Terms.

1. ONESHIFT TERMS OF USE

These Terms apply to all and any use of "oneshift.com.au" (the "Site"), the purchase of any products or services ("Services") and all and any postings, emails, messages and other communications made to or using the Site.

2. ACCESS

Access is permitted on a temporary basis. OneShift reserves the right to withdraw or amend the Service and Site without notice. You are responsible for making any arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms and that they comply with them. You agree to keep your username and password ("Login") confidential at all times, take reasonable steps to prevent others from obtaining your Login and inform us if at any point you consider that your Login has been compromised and/or is being misused by someone else. You must take such action as is required and/or is requested by us to prevent such misuse. We have the right to disable any Login, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with the provisions of these Terms. You are responsible for all fees relating to activities conducted using your Login up until the time that you notify us of unauthorised use of your Login.

3. FEES AND SERVICES

Accessing the Site and signing-up as a member is free and businesses will be charged for each job they post. These charges are set out in the price list located within the Site. OneShift may change the fees from time to time. OneShift will notify any changes to our fee policy by posting such changes on the Site. OneShift may choose to temporarily change our fees for promotional events or new Services. Any such changes are subject to terms solely determined by OneShift. When such offers or promotions expire, fees revert to those listed in the price list. You are responsible for paying fees when due. If the fees are not paid when due then OneShift may issue reminders, restrict or refuse your usage of the Site and/or the Services. OneShift may also take steps to recover the fees not paid when due. Our fees are quoted in Australian Dollars. Once a post is displayed an employer immediately gains access to any profiles that match their criteria. Contact may then be requested by both job-seekers and employers. While job posts will remain active for a set period of time, employers may still be able to contact job-seekers while their membership remains active. The extent permitted by law, there are no refunds or returns on purchases. Please feel free to contact us at info@oneshift.com.au for further information.

4. OTHER WEBSITES

The Services are offered through and accessible through a number of other websites in addition to the Site. By registering with the Site you acknowledge and accept that all Content that you post to the site may be searchable and available to users via different websites from the Site. You further acknowledge and accept that other members of the Service that you may view and communicate with via the Service may have registered with and accessed the Service through a number of different websites. You also acknowledge and accept that the Site and the Services may interact with your profiles on other websites.

5. CONTENT

All copyright, design rights, database right, patents, and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications thereof ("Intellectual Property Rights") in the Site belong to and vest in OneShift, or are licensed to OneShift unless otherwise specified. All such rights of OneShift are hereby asserted and reserved. By way of example and without limitation, you must not:
  • use any or all of the Site or the information contained therein for any purpose other than the permitted use set out above or hack, attempt to hack, distribute, modify, transmit, re-use, or re-post the same for any reason;
  • make any public or commercial use of the Site without OneShift’s prior written consent;
  • provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection to the Site for profit or gain or to avoid payment (by you or others) without OneShift's prior written permission;
  • display, publish, copy, print, post, modify or otherwise use the Site and the information contained therein for the benefit of any third party or web site without OneShift’s prior written consent; or
  • process or otherwise use the information contained on or within the Site for any illegal or immoral purpose nor use or process the same unfairly.
You must not remove or obscure any copyright notices and other proprietary notices contained on the Site.

6. USE OF THE SITE AND POSTING POLICIES

Membership is invalid where prohibited by law or these Terms. By using the Site, you represent and warrant that you have the right, authority and capacity to enter into an agreement on these Terms and to abide by these Terms. You agree that ads may only be posted in English and no ads for positions overseas may be posted. Please take your time to confirm the information included in your profile or post is complete and accurate, as any information included or omitted from your profile or post may affect compatibility rankings and our ability to provide the Services. Illegal and/or unauthorised uses of the Site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorised framing of or linking to the Site will be investigated, and appropriate legal action will be taken at our sole discretion. We are entitled, but not obliged, to review and delete any post, content, messages, photos and profiles (collectively, "Content") that in our sole judgment violate these Terms, does not provide sufficient information, copies another post or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of other users of the Site. You are solely responsible for the Content that you upload, create, send, publish or display ("post") on the Site, or transmit to other members. We will not be responsible, or liable to any third party, for the content or accuracy of the Content posted by you on the Site. We reserve the right to disclose your identity to any third party who claims that any Content posted by you on the Site constitutes a violation of their Intellectual Property Rights, or of their right to privacy. By posting Content to any public area of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, disclose and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorise sublicenses of the foregoing for all purposes connected to operating and promoting the Site and the Services. We are entitled to investigate and revoke a person's membership if a member has misused the Site or the Services, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal or prohibited by these Terms. You warrant that you shall not post any Content to the Site that (by way of example and without limitation):
  • is discriminatory, including on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family or carer’s responsibilities, pregnancy, religion, political opinion, national extraction or social origin;
  • infringes upon the Intellectual Property Rights of, or breaches any duty of confidence to, any third party;
  • is technically harmful such as computer viruses, trojans, worms, logic bombs or other malicious software or harmful data;
  • reveals the identity or any personal details of any other user of the Services without that users permission;
  • expresses or implies that any statements you make are made or endorsed by us;
  • is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
  • is false, misleading, fraudulent or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
  • promotes an illegal or unauthorised copy of another person's copyrighted work;
  • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
You must use the Site and our Services in a manner consistent with any and all applicable laws and regulations, including all relevant employment and anti-discrimination laws. You agree to indemnify us and keep us indemnified against any costs, losses or expenses incurred or suffered by us as a result of any breach by you of any of your obligations or warranties under these Terms.

7. DISCLAIMER

OneShift provides a network for job seekers and business to find and provide temporary employment. OneShift provides no warranties of any kind, express or implied, including, but not limited to, that if you are a business looking for employees that any suitable employees will be available or if you are a job-seeker seeking work that you will find any suitable employment or that a position advertised in a post is available. OneShift does not act as agent for any employers, job-seekers or other users. OneShift does not endorse any of the posts, information, businesses or job-seekers on its Site and recommends that prior to entering into any agreement, that you obtain your own independent advice. It is your responsibility to assess the accuracy and completeness of the material on the Site. The Site and the Service are provided on an "as-is" basis and you use the Site and our Services entirely at your own risk. We cannot guarantee and do not promise any specific results from use of the Site and/or the Services. To the maximum extent permitted by law, OneShift gives no warranties, guarantees, representations or conditions as to the Site or the Services. OneShift does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Site by us, our partners or any member or any other person or entity. Users acknowledge that any reliance upon such opinion, member profile, advice, statement or information is the users’ own risk. OneShift are not responsible for the conduct, whether online or offline of users. Please use caution and common sense when using the Site. Third party websites with links from the Site have not been verified or reviewed by OneShift and use and access of such third party websites is made at the user’s own risk.

8. LIABILITY

OneShift does not necessarily review users' postings and is not involved in the actual transactions between users. As most of the content on OneShift comes from other users, OneShift does not guarantee the accuracy of what is offered in any content nor endorse any user. OneShift does not accept liability of any description for the posting of any unlawful, discriminatory, threatening, abusive, defamatory, obscene or indecent information, or material of any kind, including, without limitation, any material that would be criminal activity, or give rise to civil liability or breach any law. To the maximum extent permitted by law, OneShift excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect, punitive or consequential loss whether or not such arises out of any problem you notify to OneShift. OneShift shall have no liability to pay any money by way of compensation, including without limitation liability in relation to:
  • any incorrect or inaccurate information on the Site and all interruptions to or delays in the Service;
  • the infringement by any person of any Intellectual Property Rights of any third party caused by their use of the Site;
  • any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading the Site, or from transmissions via emails or attachments received from OneShift or its licensees; and
  • representations, warranties, conditions and other terms which but for these Terms would have effect whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
  • OneShift 's liability in respect of any non-excludable warranty or condition shall be limited to the maximum extent possible to the greater of:
  • the total fees you have paid to OneShift in the 6 months prior to the action giving rise to liability, and
  • AU$100.00.

9. RELEASE

In the event that you have any claim or action against any other member arising from that member's use of our Site or the Service, you agree to pursue such claim or action independently of and without any demands from us, and you release us from all claims, liability and damages, arising from or in any way connected to the claim or action. In the event that a claim or action is brought against us from your activities or use of the Site or the Services, including any breach by you of these Terms or any charges or complaints made by other parties against you, you agree to pay, hold harmless and defend us in the claim or action. You also agree to cooperate as fully as reasonably required in the defence of any claim and allow us to assume the exclusive defence and control of the matter at our discretion.

10. CONTINUED SERVICE

While OneShift will use reasonable efforts to maintain an uninterrupted service, OneShift cannot guarantee this and OneShift does not give any promises or warranties (whether express or implied) about the availability of the Site or our Services. If we cannot do what we have promised in these Terms because of something beyond our reasonable control (including, without limitation, disputes involving our employees), you agree that we are not liable for this.

11. PERSONAL INFORMATION

By using OneShift, you agree to the collection, transfer, storage and use of your personal information by OneShift as described in our Privacy Policy. You also agree to receive marketing communications from OneShift unless you tell OneShift that you prefer not to receive such communications. By using the Site, you consent to such processing and you warrant that all data provided by you is correct. OneShift cannot guarantee the security of your personal information despite whatever steps OneShift may take to protect such information.

12. PROPRIETARY INFORMATION

You may not modify, post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without having first received the express written permission of the owner of such information.

13. TERMINATION

OneShift may immediately terminate your membership and your access to any Service if we consider you have breached these Terms. If we terminate your access to our paid services because we consider you have breached these Terms we will refund any pre-payments made by you less any reasonable costs and losses we have incurred. We can, at our sole discretion, terminate your membership at any time by giving you reasonable advance written notice.

14. MODIFICATION OF THESE TERMS

We may alter or amend these Terms upon giving reasonable notice in advance of such amendment taking effect. If upon receiving any notice, you do not wish to continue with your membership or our Services, you may terminate your membership upon giving us notice, such notice to take effect upon the earlier of our receipt of your notice or the date upon which the amended terms and conditions would otherwise have taken effect. You will be deemed to have accepted any alteration and/or amendment if you continue to use the Site, our Services or maintain your OneShift membership after the relevant period of notice has expired.

15. RESOLUTION OF DISPUTES

We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, the laws of the State of New South Wales, Australia, govern this contract and you may only pursue a legal action or proceeding in relation to the Site or our Services in the State of New South Wales, Australia.

16. GENERAL

These Terms, the price list, the Privacy Policy and the other policies posted on the Site constitute the entire agreement between OneShift and you, and take precedence over any prior agreements or arrangements. The failure to enforce any particular provision, does not waive our rights to subsequently enforce that provision. If any of the Terms are found to be non-binding on either you or OneShift, then the remaining Terms will survive. OneShift may assign this agreement in our sole discretion by providing notice to you.

17. REPORTING

If you become aware of any breaches of the Terms, please report such breaches to OneShift.

18. NOTICES

Except for notices relating to illegal or infringing content, your notices to OneShift must be sent by registered mail to the registered office of OneShift. OneShift will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing.

19. CONTACT DETAILS

Contact OneShift through our Contact Us page for more information regarding these Terms of Use.
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