Terms and Conditions for Search Remotely
Effective Date: 6 February 2020
Welcome to the website https://searchremotely.com (“Website”)! This Website is governed and operated by Search Remotely, with its principal place of business at 1/19 Wellington Street, Bondi, NSW, 2026, Australia (“Search Remotely”, “we”, “us”). These Terms of Service are the binding legal agreement between you, visitor of our Website / user of our Services (the “User”, “you”), and Search Remotely.
By visiting and browsing our Website, and/or ordering our Services (as defined below), you constitute an agreement to these Terms of Service as well as other terms applicable to specific services (hereinafter referred to as the “Terms”). If you do not agree to be bound by these Terms, you shall not access our Website and use our Services. Please read these Terms before you access the Website and use the Services.
The following documents of Search Remotely constitute an integral part of these Terms and govern the following services:
Customer’s Terms and Conditions – governing all paid job postings on the website;
Recruitment Terms and Conditions – governing free job postings on the website;
Coworking Terms and Conditions – for booking coworking spaces on the website;
Our Services can be used by individuals and legal entities subject to their compliance with these Terms and applicable law. To be eligible to use our Services, you must be at least eighteen (18) years old and be able to form legally binding contracts. If you order our Services on behalf of a legal entity, you represent and warrant that: (a) the legal entity that you act on behalf of is a legal entity duly organized and is validly existing under the applicable laws of its jurisdiction; and (b) you have all necessary approvals and permissions to act on behalf of such legal entity.
2. OUR SERVICES
Subject to your full compliance with these Terms, Search Remotely provides you with the access to the Website and available services. The services include, without limitation:
– Offering any materials accessible on or through the Website.
– Facilitating employers and job seekers to communicate together.
– Maintaining and facilitating a platform on which it is possible to post a job, find a job and communicate between customers and job seekers.
– Booking coworking spaces and other related services fully described on the Website.
The materials are provided in the form of texts, images, data, graphics, video and audio records, illustrations and other forms (the “Search Remotely Content”). Search Remotely is entitled to add, modify, suspend and/or fully terminate any Services at its own discretion. By using the Website, the User may browse through job posts; submit applications and communicate with companies; participate in remote courses (subject to its availability) and use other features. Search Remotely is not an owner or operator of job posts, and other content listed on the Website by companies and other entities. Search Remotely does not own, post, amend, offer, provide, manage and/or control job posts and other content listed on the Website by companies and other entities. On our Website the User and companies/entities enter into a direct (legally binding) contractual relationship with each other.
With the exception of Search Remotely Content, the job description and other information contained in the job posts are based solely on the information provided by companies and other entities. We do not verify any such information and cannot guarantee that all information is accurate, complete and correct, nor can we be held liable for any errors, omission, inaccurate, misleading or untrue information or non-delivery of information.
This Website does not constitute and shall not be regarded as a recommendation or endorsement of the quality, service level, qualification of job offer, job description or other content displayed on the Website.
All Content on the Website is subject to copyright and is solely owned by Search Remotely and its affiliate businesses, suppliers, affiliates, or licensors. The Content may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via a third party site or other networked computer environment) without the express prior written consent of Search Remotely and/or it suppliers, affiliates, or licensors. All rights reserved.
An exception applies for personal use as you may copy, display, download, print and reproduce this material in unaltered form for your own personal (non-commercial) purposes.
Any use of any material on the Website for your commercial purposes without our prior written consent is expressly unauthorized and prohibited.
You further acknowledge and agree that the Website and Services are protected by copyrights, trademarks (whether registered or being under registration), service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Search Remotely or the applicable licensor, you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Services or the Website, in whole or in part. Without limiting the foregoing, any reproduction, redistribution, reverse engineering or decompilation of the Services or the Website is expressly prohibited by law, and may result in severe civil and criminal penalties.
4. USE OF SERVICES
Our Users irrecoverably and unconditionally agree that they will not engage in any act or omission, that directly and/or indirectly constitutes or may directly and/or indirectly constitute:
- a breach of any applicable laws and/or regulations;
- posting content that is hateful, threatening, pornographic, unethical, religious, incites violence, or contains graphic and/or gratuitous violence;
- posting any content that violates any intellectual property rights, including copyright, trademark and other proprietary rights;
- copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code in the Website;
- impersonation of any person and/or organization and/or false stating an affiliation with a person and/or organization;
- use the Website in any way or take any action that could harm, disable, overburden or otherwise impair performance, availability or accessibility of the Website;
- reproduce, download, send, sell, resell, transmit or otherwise post and/or distribute unauthorised advertising information, spam (including spamdexing), lists of e-mail addresses of other people, pyramid schemes, multilevel marketing (MLM), Internet earning systems and e-mail businesses, chain letters as well as use the Website for participation in any of the above;
- conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website without our express written consent;
- distribute, on or through this Website, any advertising, promotion, solicitation for goods, services or funds;
- the uploading of viruses and/or other malicious code facilitating, promoting and/or encouraging any violations of our Terms.
We reserve the right to suspend or stop providing the Services to you at any time at our sole discretion if we deem in our absolute discretion that you have not complied with our Terms or policies, if we suspect you of misconduct and/or are investigating you for any suspected misconduct.
5. ACCOUNT REGISTRATION
In order to enjoy our full Services, our users need to create an account (the “Account”). User can create the Account on the Website if the User provides full and true personal information, including username and email. Users are required to make sure that all personal information required is accurate and correct, as we may use this information to contact users in relation to any matters. User shall update its personal information to keep it accurate and correct. Users shall be solely responsible for keeping its Account password safe and confidential.
6. FEES AND PAYMENT
We charge fees for certain Services, such as fees for Services packages and other fees as indicated on the Website. When you use any paid Service, you have an opportunity to review and accept the fees that you will be charged. We may change any fee from time to time and will update you by placing revised fees on our Website.
By posting any job on the Website or using any paid Services, you authorize Search Remotely to initiate such payment with the use of the designated payment method on your behalf. You will be billed for the Services in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. The Website will automatically bill you using the designated payment method you chose. All fees and charges are non-refundable unless authorised so by Search Remotely. If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us.
To secure your transactions, we have we use Secured Sockets layer (SSL) certificate.
The User may cancel the renewal of the subscription in 30 days before the next billing cycle. To cancel the subscription or request the refund, you need to access your account or send us an email at [email protected]
7. RIGHT TO REFUSE SERVICES; TERMINATION OF SERVICES
We may suspend or terminate all or part of our Services, at our sole description, including but not limited to the reasons outlined below:
- if you breached any applicable law;
- if you breached someone’s intellectual property rights;
- if you engage in fraudulent or deceptive activities;
- we are required to do so by law.
You shall acknowledge that upon termination of your account for any reason, you will no longer have access to data, messages, files, or other material you keep in your account and that any closure of your account may involve deletion of any content stored in your account for which Search Remotely will have no liability whatsoever, unless otherwise required by law.
8. NO WARRANTY; LIMITATION OF LIABILITY
You acknowledge and agree that all access and use of the Website and Services is at your own risk. Without prejudice to the generality of the foregoing, we will not be liable to you if the Website or Services are inaccessible or unavailable in whole or in part due to periods of downtime, or for any reason beyond our reasonable control, or because we are carrying out maintenance, upgrades, developments or the like.
All Services are provided “as is” and “as available”. Under no circumstances shall we be liable for the results or use of the Services. Search Remotely does not warrant or make any representations regarding suitability, availability, accuracy, reliability, completeness, or timeliness of any Services. We cannot ensure that the Services and other information provided on the Website are accurate, correct, reliable, exhaustive or complete on every subject.
Under no circumstances shall Search Remotely, including its subsidiaries, affiliates, officers, agents, licensors, employees, partners or licensors, be liable to you for any direct, indirect, incidental, consequential or punitive damages, loss of profits or loss of expected revenue or gains resulted from the use of our Services, even if we are advised of or knew or should have known of the possibility of the same.
You agree to indemnify and hold Search Remotely and its subsidiaries, affiliates, officers, agents, licensors, employees, partners, licensors or others involved in provisions of the Services, harmless from any and all claims, damages, losses or liabilities, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of any action, inaction or omission by you made on the Website or through the use of our Services.
10. THIRD PARTY LINKS
This Website may contain links to third party web sites (“linked sites”). The linked sites are not under the control of Search Remotely and we are not responsible for the content of any linked site. Search Remotely makes no representations regarding the content or appropriateness of content on such sites. When you access a linked site from this Website, you leave this Website and you do so at your own risk. You are responsible for viewing and complying with the terms and conditions posted on the linked site.
12. APPLICABLE LAW AND DISPUTE RESOLUTION
These Terms shall be construed and governed by the laws of New South Wales without prejudice to its conflict of laws.
In the event of any dispute arising out of or in connection with these Terms, the parties shall seek to negotiate a resolution within 7 days of such dispute arising. The parties shall act in good faith in order to resolve such dispute by way of negotiations.
If any dispute is not resolved by negotiations within 7 days after the relevant written request has been sent, then such dispute shall be submitted and finally resolved by New South Wales, Australia.
13. CHANGES TO THE TERMS
We may review and change these Terms at any time. Such changes are effective immediately upon posting, unless otherwise specified. When changes come into effect, the revised Terms shall supersede the previous version of the Terms. We will notify you by email if any material change comes into effect. Otherwise, we will post the Terms without notification. You are responsible for regularly reviewing these Terms.
No joint venture, partnership, employment, or agency relationship exists between the User and Search Remotely as a result of these Terms.
No waiver by either party of any default by the other in the performance of any provisions of these Terms shall operate as a waiver of any continuing or future default, whether of a like or different character.
Search Remotely reserves the right to assign its obligations and duties in these Terms to any person or entity. The User cannot assign its obligations and duties in these Terms to any person or entity without the prior written approval of Search Remotely.
These Terms constitute the entire agreement between you and Search Remotely with respect to your use of the Services.
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