Global Offshore Contacts Website Terms and Conditions

1. Introduction

   These terms and conditions apply to all use and access of this Website. By clicking on the icon where indicated below, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must not use the Website.

2. Customer Service Policy
   If for any reason we cannot provide any services requested by a Member, or we decline in our absolute discretion to provide any requested services, then we will notify the Member making the request within 48 hours of the Member’s request or our decision to decline to provide the requested services.

3. Terminology

   In these terms and conditions the following terms have, unless the context requires otherwise, the following meanings:

   1. “Claim” means any claim, demand, action, suit or proceeding of any nature, howsoever arising and whether present or future, fixed or unascertained, actual or contingent and whether at law, in equity, under statute, contract, tort or otherwise (including the cost of defending or settling any such claim);

   2. “Loss” means any damage, loss (including direct or consequential loss, or loss of profits), liability, compensation, cost, charge expense or other obligation whether at law, in equity, arising under contract, statute, tort or otherwise, and whether arising directly or indirectly

   3. “Member” means all registered members of the Website, including members registered as a “corporation”, “body” (whether a body corporate or an unincorporated and includes for example a society or association) “companies”, “partnerships”, “joint ventures”, “natural person”, “suppliers”, “workers” and “advertisers".

   4. "we", "us" and "our" mean Global Offshore Contacts Pty Ltd (ACN 127 094 286);

   5. “Website” means this Website or any part of it.

4. Amendments to terms and conditions

   We reserve the right to amend these terms and conditions from time to time. You will be notified of the fact that an amendment has been made to these terms and conditions through the Website. Amendments will be effective immediately upon notification on this Website.

5. Membership

   1. To become a member, you must complete your registration details in the manner described on the Website and pay the prescribed fee.

   2. You agree to ensure that your registration details are true and accurate at all times and must notify us of any change to your registration details through the Website.

   3. Upon registration, you will be provided with a password, username and account designation. You must protect the confidentiality of your username and password.

   4. You agree to pay for our services in the manner specified on the Website.

   5. We reserve the right to terminate your membership for any reason at any time without notice.

6. Terms and Conditions

   1. General

      Members and browsers of this Website agree to be bound by the following terms and conditions:

      1. You must not upload or post any content, material or transmit any material or information which:

         • is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing, ethnically objectionable;

         • is unsolicited advertising or promotional material;

         • contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware or may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information; and

         • is otherwise in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images.

      2. Any content, material or information which you upload or post on the Website may be removed by us from the Website without notice at any time;

      3. You will be responsible for all aspects of the production of the content, material or information that you upload or post onto the Website.

      4. You must ensure that your content, material or information is up to date, accurate and not misleading.

      5. When you upload or post any content, material or information onto the Website you assign all copyright which subsists in such content, material or information to us.

      6. You must not to impersonate any other person.

      7. You must not disrupt the flow of dialogue or otherwise act in a manner which negatively affects other Members.

      8. You accept that any content, material or information provided by you may be uploaded or posted on the Website for any other Members to read or download.

      9. All information provided by us on the Website is provided in good faith. We derive our information from sources which we believe to be accurate and up to date as at the date of publication and we reserve the right to update this information at any time.

      10. We do not make any representation or warranty that:

          • the information we provide on the Website is reliable, accurate or complete or that your access and the access of any third party to the Website will be uninterrupted, timely or secure;

          • we will respond to questions or comments submitted by you to any part of the Website;

          • any material you submit to the Website will be protected against loss, misuse or alteration by third parties;

          • we will post your information or material on the Website or that if we do post your information, it will be posted within a certain timeframe; and

          • we will keep this Website updated.

      11. You warrant that the content, material or information that you post or upload on the Website will not be fraudulent, defamatory and will not infringe the intellectual property rights, confidentiality rights, or privacy rights of any person or any applicable law.

   2. Employers

      If you are a Member using the Website for the purpose of recruiting or engaging employees or contractors then, in addition to the terms and conditions set out in clause 5.1, you:

      1. acknowledge that the Website is open to all Members and will contain profiles of Members seeking employment (“Candidates”);

      2. undertake to treat all information provided by Candidates as confidential and must not not use the Website’s database of Candidate profiles for any purpose other than to search for and find Candidates to fulfil specific job opportunities;

      3. must not share, copy or transmit to a third party any Candidate profile, unless with the consent of the Candidate;

      4. acknowledge that the Website is a medium through which other Members seek employment opportunities and that we do not verify that information that Candidates upload on the Website and we provide no warranty in relation to the skills, expertise or availability of any Candidate; and

      5. must not require that any Candidate pay a fee, charge, cost or any money whatsoever to apply for any job advertised on the Website whether such fee, charge, cost or money is asked or required of the Candidate in the advertisement itself or in any communication with the Candidate that takes place as a result of a job advertisement placed on the Website.

   3. Employees

      If you are a Member using the Website for the purpose of finding employment as an employee or contractor then, in addition to the terms and conditions set out in clause 5.1, you agree that:

      1. we do not guarantee and provide no warranty that any potential employer or other Member will ask for your information, will interview you or hire you for the advertised position

      2. we make no representation or warranty as to the final terms and duration of any employment or appointment that you obtain or procure through the use of this Website; and

      3. we do not guarantee and provide no warranty that any other Member will keep confidential any information or data provided to them through this Website.

   4. Advertisers

      If you are a Member using the Website for the purpose of placing advertisements of a general nature or advertising employment opportunities then, in addition to the terms and conditions set out in clause 5.1, you agree that:

      1. you are responsible for the content of any advertisements appearing on this Website, including hyperlinks to your own Websites.

      2. we may reject or remove any advertisement from the Website for any reason, including any advertisement that may in our view breach of these terms or conditions or any applicable law, regulation, by-law, ordinance and code of conduct;

      3. we have no responsibility or liability for any errors in any advertisement posted on the Website by you;

      4. we will use our best endeavours to publish advertisements in the shortest possible time but we are not liable for any loss or damage incurred by you as a result of any failure or delay in listing an advertisement; and

      5. you must ensure that all advertisements posted to the Website comply with all applicable legislation, regulations, by-laws, ordinances and codes of conduct, including but not limited to the Trade Practices Act 1974 (Cth), Fair Trading Acts in all applicable States and Territories and the Privacy Act 1988 (Cth).

7. Specific Warnings

   1. We do not endorse or recommend any of the jobs, business or self-employment opportunities disclosed, advertised or made available on this Website.

   2. The placement of advertisements on this Website does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.

   3. Prior to entering into any agreement or arrangement with a Member (or any other person) through this Website you should obtain your own independent legal, accounting, financial or taxation advice as appropriate. You must independently investigate and evaluate the accuracy, completeness, merits (or otherwise) and usefulness of all opinions, advice, services, information or employment opportunities provided or made available through this Website.

   4. You must ensure that your access to this Website is not illegal or prohibited by laws which apply to you.

   5. You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Website or any Linked Website.

   6. You acknowledge that we cannot confirm the identity of other members or prevent them acting under false pretences.

   7. Where the content, material or information made available on this Website or any Linked Website contains opinions or judgments of third parties, we do not purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice.

8. Our Liability

   1. We and our directors, employees, partners, agents, sub-contractors, successors and assigns (“Associates”) will not be liable to you or any person claiming through or on behalf of you, and you release us and our Associates in relation to any Claim that may be made or Loss incurred by you or any person claiming through or on behalf of you at any time arising out of, directly or indirectly, these terms and conditions, or otherwise arising out of the use of the Website or any Linked Website, including without limitation:

      • any Loss arising from any action taken or reliance made by you on any information or material uploaded or posted by us and our Associates;

      • any Loss arising from the downloading or subsequent use of the downloaded material;

      • (any Loss arising from the corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the Website, any transmissions by other Members in contravention of the Members' obligations as set out in these terms and conditions or any content transmitted by a non-member;

      • any Loss arising from your use of or reliance on information or advertisements contained on or accessed through this Website;

      • any Loss arising from any person using your password or username, whether or not you have authorised that person to use your password or username;

      • any Loss sustained as a consequence of any Employer employing or engaging any person sourced through the Website.

   2. We and our Associates exclude all liability for indirect and consequential loss or damage (including for loss of profit (whether direct, indirect, anticipated or otherwise), loss of expected savings, opportunity costs, loss of business (including loss or reduction of goodwill), damage to reputation and loss or corruption of data regardless of whether any or all of these things are considered to be indirect or consequential losses or damage) in contract, tort (including negligence), under any statute or otherwise arising from or related in any way to this Agreement or its subject matter.

   3. To the 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, and that legislation prohibits us and our Associates from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:

      1. 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

      2. if the breach relates to services,

         • the supplying of the services again, or

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

   4. These terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

   5. The provisions of this clause survive termination of this agreement.

9. Refund Policy

   To the extent permitted by law, we do not make any refund of any amount paid to us by a Member.  For further details refer to clause 8 of these terms and conditions.

10. Indemnity

    1. You indemnify and keep indemnified us and our Associates against any Claims or Loss which may be made against us and our Associates at any time arising out of or in connection with, directly or indirectly, these terms and conditions, or otherwise arising out of the use of the Website or any Linked Website, including without limitation:

       • any Loss arising from any action taken or reliance made by you on any information or material uploaded or posted by us and our Associates;

       • any Loss arising from the downloading or subsequent use of the downloaded material;

       • any Loss arising from the corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the Website, any transmissions by other Members in contravention of the Members' obligations as set out in these terms and conditions or any content transmitted by a non-member;

       • any Loss arising from your use of or reliance on information contained on or accessed through this Website;

       • any Loss arising from any person using your password or username, whether or not you have authorised that person to use your password or username; and

       • any Loss sustained as a consequence of any Employer employing or engaging any person sourced through the Website.

    2. Each indemnity given by you in this Agreement is a continuing obligation, separate and independent from any other obligations of you and survives termination of these terms and conditions.

    3. It is not necessary for us or our Associates to incur expense or make payment before enforcing a right of indemnity conferred on it by these terms and conditions.

11. Copyright

    1. Copyright in this Website (including text, graphics, logos, icons, sound recordings and software), except with respect to advertisements, is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means without our written permission:

       • adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or

       • commercialise any information, products or services obtained from any part of this Website;

12. Trade marks

    1. Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trade mark.

    2. If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:

       • in or as the whole or part of your own trade marks;

       • in connection with activities, products or services which are not ours;

       • in a manner which may be confusing, misleading or deceptive; and

       • in a manner that disparages us or our information, products or services (including this Website).

13. Linked Websites

    1. This Website may contain links to other Websites ("Linked Websites"). Those links are provided for convenience only and may not remain current or be maintained.

    2. We are not responsible for the content or privacy practices associated with linked Websites.

    3. Our links with Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked Websites, or of any information, graphics, materials, products or services referred to or contained on those linked Websites, unless and to the extent stipulated to the contrary.

14. Security Information

    When purchasing from Global Offshore Contacts your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology. 128-bit SSL encryption is approximated to take at least one trillion years to break and is the industry standard. You can view our terms and conditions and privacy policy for further information.

    Please note: All prices listed on this website are in Australian Dollars (AUD$) and include Australian Goods and Services Tax (GST).

    Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

15. Termination of access

    Access to this Website may be terminated at any time by us without notice.

16. Governing Law

    These terms and conditions are governed by the laws in force in Western Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

17. General

    1. We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.

    2. If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

    3. If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

18. To accept these terms and conditions

    By reading these terms and conditions you acknowledge that you have read, understood and accepted the above terms of use.