The Website is owned and operated by Us. The Website is made available to
you for your use on the condition that you agree to these Terms and
Conditions of Use (“Terms"). References to Us/We/Our includes Our related
bodies corporate and associates as those terms are defined in the
Corporations Act 2001 and references to “You” means you, the user of the
By accessing or using the Website and engaging Us for services, You agree
to be bound by the Terms. The Terms constitute the entire agreement
between Us and You concerning the Website and for services provided.
Acting reasonably, We may modify the Terms from time to time, and such
modifications shall be effective immediately upon posting the modified
Terms on the Website. Your continued use of the Website constitutes your
agreement to be bound by any such update to the Terms.
The following definitions will apply for the purpose of this Agreement:
Agreement means these terms and conditions of trade
between You and Us.
Applicable Law in relation to any person, action
or thing means the following in relation to that person, action or
any law, rule or regulation of any country (or political sub-division
of a country)
any obligation under any licence in any country (or political
sub-division of a country); and
any lawful and binding determination, decision or direction of a
regulator in any country (or political sub-division of a country).
Business/es means any company or organisation who has a
profile on the Website and advertises a Position which requires Your use
of, the Website.
Content includes things that you may see, read, hear,
download or access on or via the Website (including but not limited to
messages, files, data, software, images, photographs, illustrations,
text and other materials).
Courses includes all or any online training course,
seminar, webinar or similar offering, available to You on the Website.
User Data means all information uploaded or entered
into the Website by You, including but not limited to, your personal
Duties means the work and tasks performed by You.
Career Coach means any career specialist, business,
organisation or association providing career coaching services on or via
Position includes any paid or unpaid employment,
contractor role or internship.
Posted includes uploaded, posted, emailed or otherwise
Resumé means a summary of a person's
career, qualifications, and education, also known as a CV, Curriculum
Vitae, résumé, resumé, or resume.
Site means any place in which You perform the Duties.
Us/We/Our means ZYGADOX Pty Ltd ACN 623
Website means either of
You means you, the user of the Website.
ZYGADOC means a virtual CV/resume and
personal website created and maintained by you on the Website.
- Terms & Conditions
The Website is owned and operated by Us. We will make the Website
available to You for Your use on the condition that You agree to these
Terms and Conditions of Use (“Terms"). References to Us includes Our
related bodies corporate and associates as those terms are defined in
Corporations Act 2001 (Cth) and references to You means you,
the user of the Website. By using the Website, You accept the Terms.
The Terms constitute the entire agreement between Us and You
concerning the Website.
We may revise these terms and conditions from time to time by updating
the Website. The revised terms will take effect when they are posted.
You are responsible for familiarising yourself with these terms and
conditions as they apply to You from time to time.
protect Your personal information.
- Operation of Website
The Website enables You to create and maintain a
ZYGADOC to share with, and be searched by, Businesses for
recruitment purposes on an opt-in basis. Where You create and maintain
a ZYGADOC on the Website, You agree that Businesses may
search Your ZYGADOC and the content appearing in it and
may contact you directly regarding a particular Position. You may also
use the services of a Career Coach and/or participate in a variety of
Courses as offered by Us on the Website from time to time.
- Your Use of the Website
You must not upload or post any Content that:
- you do not have the right to upload or post;
is defamatory or in contempt of any legal or other proceedings;
- is misleading or deceptive;
incites hatred or discrimination against any group of persons being
a group defined by reference to colour, race, sex, origin,
nationality or ethnic or national origins;
- denounces religious or political beliefs;
includes religious or political material which is or is likely to be
is indecent, obscene, vulgar, pornographic, offensive or of doubtful
propriety or of a menacing character or is likely to annoy or
infringes any copyright, trade mark, patent or other intellectual
property right of another person;
contains any unsolicited or unauthorised advertising or promotional
contains viruses or similar software or data which is designed to
interrupt, destroy or limit the functionality of any computer
software or hardware; or
impersonates any person or misrepresents your relationship with any
- You must not:
disrupt or interfere with the Website or servers or other software,
hardware or equipment connected to or via the Website;
- violate any relevant law relating to Your use of the Website;
copy, reproduce or distribute in any way, without the prior written
consent of Us, any material contained in any Course on the Website;
use data mining, robots, screen scraping, or similar automated data
gathering techniques, extraction or publication tools on the Website
(including without limitation for the purposes of establishing,
maintaining, advancing or reproducing information contained on the
Website or in any other publication), except with Our prior written
collect or store personal data about other users of the Website.
You agree that it is a condition on your use of the Website and of any
other services provided by Us or through the Website that You will not
through any act or omission mislead or deceive others.
Your dealings with any Business or Career Coach are matters for You
and the Business or Career Coach. We make no representations in
relation to any Position (including, without limitation, whether or
not any unpaid Position is in fact in the nature of employment). We
will not be responsible for any loss or damage of any sort You incur
as a result of your dealings with a Business, Career Coach or
otherwise in relation to any Position obtained by You with the
assistance of Your ZYGADOC or a Career Coach.
By using the Website, You understand that Businesses and Career
Coaches are independent entities and are not agents of Us. We make no
representations to You regarding the conduct of any Business (whether
in relation to an Position or otherwise) or Career Coach. You may
access the Website through websites of Businesses or Career Coaches.
Whilst Businesses and Career Coaches using the Website have
represented to Us that they have obtained appropriate insurance and
will comply with all relevant legislation, We make no representations
to You regarding whether these things have occurred (or will occur).
While We operate the Website, We do not monitor or exercise editorial
control over the Content on the Website (including, without
limitation, the content of any advertised Positions). However We
reserve the right at Our discretion to:
- access or examine any Content;
move, remove or disable access to any Content which We consider, in
Our absolute discretion, to breach any Applicable Law or to be
We do not endorse or recommend any of the Positions offered by any
Business or recommended by any Career Coach, or any of the Businesses
who advertise those Positions. We strongly recommend that prior to
entering into any agreement with any Business or Career Coach, You
obtain Your own independent legal, accounting, financial or taxation
advice as appropriate.
We will not be liable to You for any decision made or action taken by
You or anyone else in reliance upon any information contained on or
omitted from the Website.
We make no representation to You regarding the continued availability
of any particular Position offered by a Business.
- You are responsible for:
understanding the nature of any Position, and in particular how
unpaid Positions differ from contracts of employment, contracts for
services and other forms of engagement. Further information can be
understanding the requirements of a particular Position (and
confirming those requirements with the Business) before You accept
it. If You accept an Position, You are responsible for negotiating
the nature of your relationship with the Business;
ensuring that You hold any relevant visa, work permit or other
authorisation necessary for you to lawfully undertake any Position;
should an advertised unpaid Position in fact give rise to an
employment relationship, contract for services or other form of
engagement – taking such steps as You consider appropriate to secure
any entitlements which the relevant Business may owe You (whether by
way of commencing proceedings directly against the relevant
Business, contacting the Fair Work Ombudsman or otherwise).
- Third-Party Access to Information and Communications
You acknowledge and agree that third party resellers of Our services
may search and edit your User Data for the purposes of ensuring the
proper carrying out of their obligations to Us.
If you created an account with Us through the website of a reseller of
Our services, your personal information may be collected, retained and
used by the reseller in order to send You information and
communications (which may include marketing material) from time to
time. The collection, retention and use of your personal information
by a reseller will be governed by the particular reseller’s privacy
- Intellectual Property Rights
We are the owner or authorised user of all intellectual property in
and associated with the Website and any improvements and modifications
thereto. We are also the owner or authorised user of the trademarks,
logos, names and designs, whether registered or unregistered, in and
associated with the Website.
Nothing contained in the Website should be construed as giving You any
right in or license to any of the intellectual property, trademarks,
logos, names or designs, whether registered or unregistered,
associated with the Website
You acknowledge that Content on the Website is subject to copyright
and possibly other intellectual property rights (Intellectual Property
Unless You are expressly authorised by law You must not yourself, or
participate in or permit any other person, to:
sell, reproduce, distribute, modify, display, publicly perform,
prepare derivative works based on, repost or otherwise use any of
the Content in any way for any public or commercial purpose without
Our prior written consent;
use any Content on any other web site or in a networked computer
environment for any purpose; or
otherwise infringe the Intellectual Property Rights of any person
(including Us) in using the Website or any Content.
Nothing You do on or in relation to the Website will transfer any
Intellectual Property Rights to You or licence you to exercise any
Intellectual Property Rights unless this is expressly stated.
In relation to any Content Posted by You, but subject to Our privacy
policy discussed below, you grant us a perpetual, irrevocable,
royalty-free licence to use that content for the purposes for which
the Website exists.
We provide links to other websites maintained by third parties from the
Website. We have not reviewed all of the sites linked to the Website and
are not responsible for the content or accuracy of any off-site or
third-party web pages or any other websites linked to the Website
(including without limitation sites linked through advertisements). The
inclusion of any link does not imply that We endorse the linked website,
and You use the links at your own risk. We are not responsible for the
copyright compliance of any site linked to from our Website. We will not
be liable for any costs, 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 linked to from the Website.
In using the Website You may give Us personal information. Our privacy
policy is available and can be viewed on Our Website. In using Our
amended from time to time.
While We take 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 Our systems or on Our
Website. We disclaim all liability to You to the greatest extent
possible pursuant to law should this occur.
To become a registered user, You must provide a password and a login
name. 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 at any time by following
instructions. You may also change Your login by contacting customer
service. You may also delete services attached to your registration at
You agree to immediately notify Us of any unauthorized use of Your
login name or any other breach of security known to You.
- Use of the Website is at Your Risk
You use the Website at your risk. You must evaluate, and bear all
risks associated with, the use of any Content, including reliance on
the accuracy, completeness or usefulness of any Content. You should
seek your own independent advice with respect to any Content.
We endeavour to provide a convenient and functional Website, but We do
not guarantee that the Content will be error free or that the Website
or the server that operates it are free of viruses or other harmful
If your use of the Website results in the need for servicing or
replacing property, material, equipment or data, We will not be
responsible for such costs.
Without limiting the above provisions, You use the Website at your own
risk and everything on the Website is provided to You "as is" and "as
available" without warranty or condition of any kind, either expressed
or implied, including, but not limited to, any implied warranties of
merchantability, fitness for a particular purpose, or
non-infringement. To the extent permitted by law, We expressly
disclaim and exclude any representation or warranty whether express or
implied under or in relation to your use of the Website. Where such a
condition cannot be excluded then, to the extent permitted by law, Our
liability is limited, at Our option, to re-supply of the good or
service to which the condition relates or the payment of the cost of
such a re-supply.
We provide no warranty to You that the services generally available
through the Website will be uninterrupted or error-free or that
defects in the service will be corrected. You understand that We
cannot and do not guarantee or warrant to You that files available for
downloading through the Website or delivered via electronic mail
through the Website 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
Website for the reconstruction of any lost data.
- Limitation of Liability
To the extent permitted by law We have no liability to You, whether
for breach of these terms or in negligence or in any other tort or for
any other common law or statutory cause of action arising in relation
to these terms, the Website or the Content.
To the extent permitted by law, no party involved in creating,
producing, or delivering the Website or any Content will be liable for
any direct, incidental, consequential or indirect damages, loss or
corruption of data, loss of profits, goodwill, bargain or opportunity
or loss of anticipated savings resulting from your access to, or use
of, or inability to use the Website and the Content, whether based on
warranty, contract, tort, negligence or any other legal theory, and
whether or not We know of the possibility of such damage.
- General Provisions
You acknowledge that we may, in our sole discretion and with or
- vary the Website or any part of the Website; and
modify or discontinue this Website, any part of the Website and the
services available on it without notice.
The provisions of these terms and conditions entitled "Use of the
Website is at Your Risk", "Limitation of Liability," and "General
Provisions" will survive cancellation of your registration or
termination of this agreement.
If any part of this agreement is held to be unenforceable, the
unenforceable part shall be given effect to the greatest extent
possible and the remainder will remain in full force and effect.
This agreement will be governed by the laws of Victoria, Australia.
You irrevocably submit to the exclusive jurisdiction of the courts of
You agree to defend, indemnify, and hold harmless Us, Our officers,
directors, employees and agents, from and against any claims, actions
or demands, including without limitation reasonable legal and
accounting fees, alleging or resulting from your use of the Website or
the Content or your breach of this agreement.
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.
Termination of this Agreement will not end those provisions that are
capable of surviving the ending of this Agreement.