applicable to Workseekers (February 2009 edition)
1. These terms
1.1. By accessing the Site, you warrant that you are over 18 and are consenting to be bound by these terms, and you acknowledge having received a copy of them. These terms are complete and exclusive, and replace any previous terms.
2. The site:
2.1. The Site is owned and managed by Adeevo Limited ('Workcircle'), a company incorporated in England under company no 05579671, of Suite 3B2, Northside House, Mount Pleasant, Cockfosters, EN4 9EB, United Kingdom. Workcircle is registered under the Data Protection Act 1998.
2.2. The Site is an electronic website publication, hosting as Adverts summarised work opportunities collected from agencies and prospective engagers
2.3. the Workcircle search engine allows you to specify your own search criteria, to view only those summaries which match them, and then to click through, either directly to the Advertiser's own site to view full details of the work opportunity and the Advertiser's details, or to an application page on the Site, from which you may submit an application with a CV direct to the Advertiser; thereafter, you deal directly with the Advertiser
2.4 you may also choose to receive email, RSS, or SMS notification of future Adverts matching your specified criteria.
3.1. 'Advertiser' means a person making use of the Site to advertise work opportunities; an Advertiser may be an employment agency or business, a 'job board', or may itself be a prospective engager
3.2. 'Workseeker' means any visitor to the Site
3.3. 'Advert' means a summarised opportunity as it appears on the Site, and including a link either to the Advertiser's own site, or to an application page.
4. Use of the Site:
4.1. is restricted only to persons who are genuinely seeking work opportunities, either for themselves or on behalf of a specific third party.
4.2. is free of charge to Workseekers; the Site is wholly financed by fees paid by Advertisers and by advertising revenue, and Workcircle has no financial interest in the outcome of any arrangements which may be made as a result of a Workseeker contacting an Advertiser; Workcircle offers no other goods or services to Workseekers for which any payment is required.
4.3. is confidential; Workcircle does not itself provide any details of Workseekers to Advertisers, other than such details as you may yourself provide when you choose to click on a link to submit details or an application to an Advertiser, and it is for you to decide which Advertisers you wish to make contact with, and what details you provide. Workcircle does not provide any details of Workseekers to anyone else, other than as may be required by law.
4.4. if you choose to upload your CV, you authorize it to be provided to any Advertiser to whom you make an application via an application page, and you consent to its content being searched by Workcircle in attempts to match you with opportunities.
5. Your responsibility:
5.1. You acknowledge that Workcircle does not vet or otherwise take up references in respect of Advertisers, and you acknowledge that we have no control over the quality, accuracy, safety or legality of any Adverts on the Site, or over the actions of any Advertisers.
5.2. It is for you to satisfy yourself that you have received and verified sufficient information from an Advertiser, that you have any required qualifications and satisfy any relevant legal requirements, and that it would not be detrimental to your interests for you to take up any work opportunity that may be offered.
5.3. Where a work opportunity is located in a country in which you do not already have the legal right to work, it is your responsibility to satisfy yourself about any relevant immigration requirements, and about any other conditions that must be satisfied before you can enter the engagement in question.
6. Copyright and Intellectual Property Rights
6.1. The copyrights in Adverts on the Site are owned by the Advertiser providing them and/or by Workcircle. The copyrights and database rights in the collection of Adverts on the Site are owned by Workcircle. All copyrights and other intellectual property rights in any other items on the Site (including text, graphics, images, logos, button icons, HTML code and other software) are reserved to (and are the sole property of) Workcircle.
6.2. Any use of the Site beyond that expressly permitted by these Terms is prohibited and unlawful. In particular, the following are not permitted:
6.2.1. any form of automated access to or use of the Site (meaning access or use other than by an individual using an unmodified web browser of a type in general use by consumers) without our express consent; and
6.2.2. attempts to decipher, decompile, disassemble or reverse engineer any of the software comprising or used on or in connection with the Site.
6.3. www.workcircle.com.au and Workcircle are trade marks and are the sole and exclusive property of Workcircle Ltd.
7.1. You agree to indemnify us against any liability or loss we incur as a result of any wrongful or unlawful act by you in connection with your use of Workcircle.
7.2. The Site and its infrastructure offer a highly automated internet- and software-based service; the service is provided 'as is', and you acknowledge that it is not technically practicable to guarantee such a service to be error-free. If any errors are found to exist they shall not constitute a breach of these terms, and shall not give rise to any liability on the part of Workcircle.
7.3. All material published by Workcircle is published in good faith, but no responsibility is accepted for its accuracy, and no liability is accepted for any errors, or for any losses that may be incurred if any such material is relied on. Workcircle specifically disclaims all and any liability for loss or damage of any kind and howsoever arising, whether due to inaccuracy, error, omission, or any other cause, and whether on the part of Workcircle or on the part of any other.
7.4. TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, WORKCIRCLE DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE AND THE WORKCIRCLE SERVICE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
7.5. IN NO EVENT WILL WORKCIRCLE BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE WHICH MAY ARISE IN RESPECT OF THE SITE OR THE WORKCIRCLE SERVICE, ITS USE, OR IN RESPECT OF PROPERTY, OR FOR LOSS OF PROFIT, BUSINESS, REVENUE, GOODWILL OR ANTICIPATED SAVINGS, EVEN IF WORKCIRCLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.
7.6. IF ANY EXCLUSION CONTAINED IN THESE TERMS SHALL BE HELD TO BE INVALID FOR ANY REASON AND WORKCIRCLE BECOMES LIABLE FOR LOSS OR DAMAGE THAT MAY LAWFULLY BE LIMITED, SUCH LIABILITY SHALL BE LIMITED TO £100.
7.7. Workcircle does not exclude liability for death or personal injury to the extent only that it arises as a result of its negligence (or that of others for whose acts and defaults they may be legally liable).
8.1. Workcircle reserves the right in its absolute discretion to refuse or remove any Advert (without being required to give reasons), to edit or classify any Advert as it sees fit, and to withdraw the use of the Site from any person without notice and without being required to provide reasons.
8.2. No oral or written information given by or on behalf of Workcircle shall create a warranty or collateral contract, or in any way increase the scope of Workcircle's liability, and you may not rely on any such information. Except as otherwise provided, no addition, amendment or modification of these Terms shall be effective, unless in writing and signed or accepted by us.
8.3. If any provision in these Terms shall be determined to be invalid, such provision shall be deemed omitted; the remainder of these Terms shall stand.
8.4. We may change these Terms at any time without prior notice; any such revised Terms will be displayed on the Site and may be viewed at any time.
8.5. These Terms shall be governed by the laws of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction in all matters arising.