OUR TERMS OF SERVICE

These terms and conditions govern your use of our website. Please read the terms in full before you use this website. If you do not accept these terms, please do not use this website. Using the site implies that you accept these terms. We do occasionally update these terms, so please refer back to them in the future.

The below terms of service refer to “Herwerk”, “the website” and the “Site” which are references to the business operated by HER WERK AUSTRALIA PTY LTD, Australian Company Number 666 454 539 a registered company under the Corporations Act 2001 and registered in Victoria.

LEGAL

HER WERK AUSTRALIA PTY LTD respects the privacy of its Users. Please refer to Herwerk’s Privacy Policy, which explains how we collect, use and disclose information that pertains to your privacy.

6. ACCOUNTS

6.1 Account Creation

In order to use certain features of the Site, you may be required to register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. HER WERK AUSTRALIA PTY LTD may suspend or terminate your Account.

6.2 Account Responsibilities

You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify HerWerk of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. HER WERK AUSTRALIA PTY LTD cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

7. USING THE MATERIAL ON OUR WEBSITE

HER WERK AUSTRALIA PTY LTD is the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

8. YOU SHOULD NOT RELY ON THE INFORMATION PROVIDED ON OUR WEBSITE

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

9. USER CONTENT

9.1 User Content

“User Content” means any and all information and content that a user submits to, or uses with, the Site (e.g., content in the user’s profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 9.3). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. HER WERK AUSTRALIA PTY LTD is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

9.2 License

You hereby grant (and you represent and warrant that you have the right to grant) to HER WERK AUSTRALIA PTY LTD an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sub-licenses of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

9.3 Acceptable Use Policy

The following terms constitute our “Acceptable Use Policy”:

(a) You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).

9.4 Enforcement

HER WERK AUSTRALIA PTY LTD reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.

9.5 Feedback

If you provide HER WERK AUSTRALIA PTY LTD with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to HerWerk all rights in such Feedback and agree that HerWerk shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. HerWerk will treat any Feedback you provide to HerWerk as non-confidential and non-proprietary. You agree that you will not submit to HerWerk any information or ideas that you consider to be confidential or proprietary.

10. NON APPROVAL OF USER GENERATED CONTENT

HER WERK AUSTRALIA PTY LTD owned site includes information and materials uploaded by other users of the site, including some Content such as reviews of employers (companies). This information and these materials have not been verified or approved by HER WERK AUSTRALIA PTY LTD. The views expressed by other users on our site do not represent our views or values.

We are not responsible for the information, materials or Content uploaded by other users of our site, in particular this applies to the Employer Reviews / Ratings section of the our site. We may not be held liable for any loss or damage that may arise, or be alleged to arise, from the publication of information, materials or Content by other users of our site, or the reliance on any such information, materials or Content.

We do not undertake to monitor the submission or publication of information, materials or Content

If you wish to complain about information and materials uploaded by other users please contact us by email at hello@herwerk.com.au.

11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE TO YOU

Whether you are a consumer or a business user we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

If you are a business user:

• we exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

• we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, our site; or

• use of or reliance on any content displayed on our site.

In particular we will not be liable for:

• loss of profits, sales, business, or revenue;

• business interruption;

• loss of anticipated savings;

• loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.

If you are a consumer user:

please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

if defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

12. OUR USE OF YOUR PERSONAL INFORMATION

We will only use your personal information as set out in our privacy policy.