Terms & Conditions 

1. The Terms and Conditions of Use including the Privacy Policy and Copyright Policy Conditions ("the Terms") applies to all Users of the CA website ("the Website") and the Services. The Terms govern the use of the Website and the Services by Users. Access and use of the Services and the Website is granted only on the basis that the User has carefully read and agrees with all terms and conditions contained in the Terms.
2. "User" for the purpose of the Terms means any person, group or entity who accesses, uses, posts, creates or publishes any content, video resume or views in anyway the Website or its content including information, video resumes either directly or indirectly including in their capacity as advertiser, browser, subscriber, employer (whether prospective or actual), employee (whether prospective or actual), recruitment agent or agency or any other use of the website, or uses, benefits or in anyway is connected with the Services or the Website.
3. "CA" for the purpose of the Terms means Candidates Alive Pty Ltd ACN 123 528 987, its employees, directors, agents, affiliates, licensees and any other person or entity offering the Services for, on behalf of or in connection with Candidates Alive Pty Ltd
4. "CA's Services" and "Services" means all products, items and services provided to Users or other third parties by CA whether directly or indirectly via the Website or in any way connected with the Website.
5. CA may amend the Terms at any time in their sole discretion by posting the amended terms on the Website. All amended Terms shall be effective 30 days after they are posted on the Website. In the event that a User does not agree with the Terms, the User must immediately cease their use of the Website and the Services.
6. The Services are available only to persons or entities who can form legally binding contracts (i.e. in the case of individuals those over the age of 18 years or such other age as applicable by law).
7. When the User provides content or creates, modifies or posts a video resume or other content will have an opportunity to review and accept the fees that will be charged for the use of the Services. CA may change the fees for Services from time to time.
8. CA may amend the Services provided on or via the Website at any time.
9. Unless otherwise stated, all amounts stated by CA are quoted in Australian Dollars.
10. Each User will be responsible for paying all fees associated with using the Services and the Website and all applicable taxes including, but not limited to any Goods and Services Tax.
11. CA is not a recruitment agency or employer it merely provides a location on the internet for Users to meet to publish Video Resume and other content and tools in relation to employment matters for Users such as prospective employees, prospective employers, recruitment agents and agencies and other third parties. Unless otherwise disclosed to the User, CA is not involved in actual transactions, agreements, negotiations or other matters between Users, prospective or actual employees, prospective or actual employers, recruitment agents or agencies or any other third party. CA does not vet nor is it responsible for vetting job candidates or the representations (whether oral or in writing or in video or other content) made by a User. CA disclaims all liability for any loss, costs, damages or loss of profits, loss of income sustained as a consequence of any User employing, engaging or not employing or engaging a User or creator of a Video Resume or other content sourced through the CA website.
12. CA has no control over the quality, safety or legality of any item or content posted by Users on the Website nor in respect to the truth or accuracy of the listings, content or video resumes, the ability of employers to employ or the ability of employees to provide services.
13. CA does not guarantee that a transaction, agreement, negotiation or other matter will be completed between the parties or that such a transaction, agreement, negotiation or other matter is lawful under the laws where the transaction, agreement, negotiation or other matter is deemed to have occurred.
14. It is the Users responsibility to verify the current lawfulness of transactions, agreement, negotiation or other matter in the transacting countries and Users use the site at their own risk.
15. CA does not warrant that your access to the Services or Website will be continuous or fault free and the User acknowledges that CA does rely on various Service Level Agreements that it has with third parties from time to time and its ability to perform hereunder may be affected by the terms of such Service Level Agreement.
16. Users are responsible for ensuring that they satisfy their particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data and the provision of information and content to other Users.
17. CA is not responsible for confirming the identity of Users. Users should make their own enquiries and verify for themselves in respect to whether a person or entity or item on the Website is the person, entity or item that it is being purported as.
18. Without limiting any other remedies available to CA, CA may, in its sole discretion, suspend or terminate the Website access or the Services to any User or permanently delete or temporarily remove any item or information which is posted to the Website to the User or on behalf of the User if CA suspects that the User has engaged in fraudulent activity in connection with the Website or in any conduct which CA is of the view that it is offensive, unlawful, or if the item, information or User is breaching these Terms.
19. The User agrees that they will not use any robot, spider, other automatic device, or manual process to monitor or copy any content or web pages or other information on the Website without CA's prior written permission.
20. CA provides the website and the Services on an "as is" basis and without any warranty or condition, express, implied or statutory. To the extent permitted by law, CA specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. CA does not guarantee continuous, uninterrupted or secure access to the Website or the Services, and it is acknowledged that the operation of the Website may be interfered with by numerous factors outside CA's control.
21. To the extent that CA are able to limit the remedies available under the Terms, and subject to Clause 20 of the Terms, CA expressly limit their liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at CA's sole discretion):

(i) in the case of goods, any one or more of the following:

a.      the replacement of the goods or the supply of equivalent goods;

b.      the repair of the goods;

c.      the payment of the cost of replacing the goods or of acquiring equivalent goods; or

d.      the payment of the cost of having the goods repaired; and

(ii)     in the case of services:

a.      the supply of the services again; or

b.      the payment of the cost of having the services supplied again.

22. In no event shall CA be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the Services or the Website or these Terms. The User agrees to accept sole responsibility for the legality of the User's actions under the laws which apply to the User and any transaction conducted directly or indirectly or in any way connected with the Website or the Services. The User agrees that CA has no responsibility for the legality of any other User's actions or inactions.
23. To the extent permitted by law, CA's liability, to the User or any third parties in any circumstance is limited to the greater of:
24. (i) The amount of fees the user pays to CA in the 3 months prior to the action giving rise to the liability; and
25. (ii) AUD$100.00.
26. Notwithstanding the above provisions, nothing in the Terms is intended to limit or exclude any liability on the part of CA where and to the extent that applicable law prohibits such exclusion or limitation.
27. 25. The User is solely responsible for the supply of the content which is published on the Website. The User must ensure that any content does not include Prohibited Content and complies with all applicable laws. For the purpose of these Terms "Prohibited Content" means content that:

(a)   is likely to be, having regard to the contemporary attitudes of Australian society, offensive to reasonable adults;

(b)   is likely to be, having regard to the contemporary attitudes of Australian society, unsuitable for minors;

(c)   promotes, incites or instructs in matters of crime;

(d)   describes, incites or promotes unlawful sexual activity;

(e)   promotes or incites violence against any person or group, or incites racial hatred;

(f)     causes unnecessary alarm, distress or panic;

(g)   breaches a code of practice that applies to the Service;

(h)   is false, misleading or deceptive, or likely to mislead or deceive;

(i)     provides financial advice to any person;

(j)      is out of date, having regard to information generally available, subsequently published, or released, or made available.

28. The User agrees to indemnify and continue to indemnify and hold CA harmless from and against any claims, demands, proceedings, losses and damages of every kind and nature, known and unknown, including reasonable legal fees, made by any third party or User due to or arising out of: (i) the User's breach of the Terms, or (ii) the User's violation of any law or the rights of a third party or (iii) as a result of any User having a dispute with any other User/s.
29. The User shall comply with all applicable domestic and international laws, statutes, ordinances, common law and regulations regarding the User's use of the Website and Services. The User agrees to ensure that any information posted by the User on the Website does not violate the Broadcasting Services Act 1992 (Cth), the Trade Practices Act 1974 (Cth) and any other applicable legislation. The User is responsible for confirming that all activities are lawful and the User must ensure that all applicable laws and the terms are complied with in every respect.
30. The User agrees to not use any video resume or other content for the purposes of discriminating against any User. All Users must comply with the Human Rights and Equal Opportunity Commission Act 1986 (Cth) and all anti discrimination and equal opportunity legislation applicable in the State or Territory in which they conduct business.
31. The User and CA are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
32. Any notice shall be given by registered ordinary post (or if posted to or from a place outside Australia, by registered airmail) or by facsimile transmission to CA, c/- Tisher Liner & Co, Lawyers, 317 La Trobe Street, Melbourne, VIC 3000, Facsimile: +61 3 9670 6359, DX 181 Melbourne (in the case of CA) or to the email address the User provides to CA during the use of the Website or the Services (in the User's case).
33. Any claim arising out of or in connection with the Terms, the Website or the Services may at CA's sole discretion be settled by binding arbitration by a Barrister arbitrator appointed by the President of the Law Institute of Victoria or by mediation with a solicitor mediator appointed by the President of the Law Institute of Victoria. The User agrees to be bound by the ruling arbitrator. The costs of the dispute including all reasonable legal fees of the parties are to be borne by the originator.
34. The Terms shall be governed by the laws of the State of Victoria, Australia and all Users irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
35. The provisions of the Terms are severable, and if any provision of the Terms is held to be invalid or unenforceable, such provision may be removed and the remaining provisions shall be enforced.
36. CA's failure to act with respect to a breach by any User or others does not waive its right to act with respect to subsequent or similar breaches.
37. The Terms as read together with CA's Privacy Policy, Copyright Policy and any other Terms of Use for the specific Services are the entire understanding and agreement between the User and CA and those terms and conditions which are intended to remain after the termination or expiry of these Terms including but not limited to all indemnities owed to CA by the User, shall survive any termination or expiration of these Terms.

Copyright Policy

1. "The Company" means Candidates Alive Pty Ltd ACN 123 528 987, their respective employees, directors, agents, affiliates, licensees, and any other person or entity offering services for, or on behalf of or in connection with Candidates Alive Pty Ltd."

2. "User" for the purpose of the Copyright Notice means any person, group or entity who accesses, uses or views in anyway the Company's website ("the Website") either directly or indirectly including in their capacity as advertiser, browser, subscriber or any other use of the website including all video, film, images, text and general content ("the Content"), or uses, benefits or in anyway is connected with the services provided by the Company.

3. The User indemnifies and continues to indemnify the Company in relation to all claims, costs, losses and damages incurred as a result of the conduct, actions or inactions, or the User's use of the Company's services or Website including claims resulting from transactions, advertising or the use of or reliance on Content, the Website or the Company's services.

4. The User agrees that they will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Website without the prior written permission of the Company.

5. The Company does not guarantee that any Content on the Website is correct, accurate, authentic or available. It is the responsibility of the User to make their own enquiries in respect to aspect of the Content.

6. To the extent permitted by law, the Company's liability, to the User or any third party in any circumstance where liability is found against the Company as a result of the User or third party's use of the Content, the Website or the Company's services is limited to the greater of:

         (i)     The amount of fees the User has paid the Company (in respect of the alleged claim) for the use of the Content, the Website, or the Company's services in the 1 month prior to the action giving rise to          the liability; and

         (ii)   AUD$100.00.

7. The User releases and forever discharges the Company in relation to all claims, costs, losses and damages incurred as a result of the conduct, actions or inactions, or the User's use of the Company's services or Website including claims resulting from transactions, advertising or the use of or reliance on Content, the Website or the Company's services.