Terms and Conditions

1. ENGAGEMENT OF DONDES
The User ("Member") engages Dondes Pty. Ltd. ABN 47 150 188 551 (“Dondes”) to use the Website, in accordance with these Terms and Conditions.

2. WEBSITE SERVICES
Subject to clause 5, from time to time, the Member may access the Website to:

(a) View a Workplace Review;
(b) Write a Workplace Review;
(c) Report a Workplace Review;
(d) Contribute to website information content;
(e) Edit account information;
(f) Comment on a Workplace Review;
(g) Interact with other users of the Website; and
(h) View personalised content.

3. OBLIGATIONS OF THE MEMBER
The Member covenants and warrants that:

(a) it will not reproduce, adapt, upload or link to any of the material on the Website without the prior consent of Dondes, including saving any content on the Website to any type of media.
(b) it will uphold the good name and protect the goodwill of Dondes at all times;
(c) it will conduct itself in a professional manner at all times and honour its obligations under these Terms and Conditions;
(d) it will not make use of the Website for any illegal activities or any activities which are likely to cause loss, cost, expense or damage to Dondes;
(e) it will not interfere with or disrupt the access of other users of the Website in any way;
(f) it will not place on the Website any material which are unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind;
(g) all information provided by the Member to Dondes in respect of itself or in a Workplace Review which relates to the Member or the workplace referred to in the Workplace Review in any way is true and accurate in every detail; and
(h) it will observe and be bound by the Acceptable Usage Rules.

4. REGISTRATION

(a) In order to access the Website and to undertake the Website Services, the Member may need to register and agrees to provide the following details in order to register:

(i) Display name;
(ii) Email address;
(iii) Proposed password;
(iv) First name;
(v) Surname;
(vi) Address;
(vii) Whether male or female;
(viii) Year of Birth; and
(ix) Highest Education Level

(b) The above details are used by Dondes and the Website in order to validate the Member and to ensure that any data entered by the Member are verifiable.
(c) The above data’s privacy will be governed by the Privacy Policy.  The Member agrees that the Privacy Policy forms part of these Terms and Conditions.
(d) The Member’s email address and proposed password will be needed by the Member to login and interact with the Website, once the Member’s registration has been accepted by Dondes.

5. POWERS OF DONDES
The Member agrees that:

(a) Dondes at its sole and absolute discretion may refuse to allow the Member to register as a member of the Website or to access the Website at any time, without notice to the Member.
(b) Dondes may modify the Website  in any way, without notice to the Member.
(c) Dondes may modify these Terms and Conditions (including the Privacy Policy, the Disclaimer, the Copyright Statement and/or the Acceptable Usage Rules) without notice to the Member and such modifications will apply from the time that they are made.
(d) Upon verification of registration, the Member will be provided by Dondes via the Website, or by email, with the means to access the Website, such as a email address, display name and password.
(e) Dondes may require a Member to change its display name and/or password or use a different method of accessing the Website, from time to time.

6. REPRESENTATIONS AND WARRANTIES
The Member acknowledges and agrees that Dondes has not made any representation or given any warranties:

(a) In relation to the Website; or
(b) In relation to the Website Services provided by Dondes via the Website or otherwise.

7. INDEMNITY
The Member indemnifies and keeps indemnified Dondes, its employees and sub-contractors on demand against any loss, expense, cost, damage, claim, demand, suit, action, proceeding, judgement, order of a court or tribunal, legal fees (on a solicitor and own Member basis) which Dondes pays, suffers or incurs or is liable for in respect of:

(a) Any negligent act or omission of the Member;
(b) Any act or omission of the Member which is intended by the Member to cause damage in any way to Dondes;
(c) Any breach by the Member of these Terms and Conditions; or
(d) The failure of the Member to comply with these Terms and Conditions.

8. DISCLAIMER
Subject to the requirements of any applicable legislation, (including the Australian Consumer Law):

(a) Dondes gives no express warranty in relation to the supply of the Website Services and the Member acknowledges that it has not relied on any representation or warranty made by or on behalf of the Member in relation to the Website Services.
(b) Any warranties or conditions implied by law, either by statutory instrument or otherwise, are expressly excluded to the extent that such warranties and conditions in respect of the Website Services may be lawfully excluded.
(c) To the extent permitted by law, if Dondes is or becomes liable to the Member in any manner whatsoever for breach of warranty or in relation to the supply of any defective Website Services, then Dondes’ liability will be limited solely to the price paid by the Member for the Website Services (if any) or the cost of their re-supply, whichever Dondes elects.
(d) The Member acknowledges that it has undertaken its own inspections and made its own independent enquiries in reaching its decision to use the Website Services pursuant to these Terms and Conditions.
(e) The Member agrees that the Disclaimer also forms part of these Terms and Conditions.

9. TERMINATION

(a) Dondes may terminate this agreement at any time without notice.
(b) Upon termination Dondes will remove the Member’s access to the Website.
(c) The obligations of the Member under clauses 3, 4, 5, 6, 7, 8, 10, 11 and 12 survive the termination of this agreement.

10. ASSIGNMENT

(a) Dondes may assign its rights and liabilities arising under these Terms and Conditions.
(b) The Member is not entitled to assign or purport to assign any of its rights or liabilities under these Terms and Conditions without the prior written consent of Dondes (which consent may be withheld).

11. COPYRIGHT AND ACCEPTABLE USAGE GUIDELINES
The Member agrees that the Copyright Statement and the Acceptable Usage Guidelines form part of these Terms and Conditions.

12. GENERAL

(a) Each party warrants by executing or agreeing to abide by these Terms and Conditions that they have obtained independent legal and financial advice on these Terms and Conditions.
(b) An obligation imposed on two or more persons binds each of them jointly and severally.
(c) If a provision of these Terms and Conditions is held to be invalid or unenforceable in whole or in part the provision is ineffective only to the extent of the invalidity or unenforceability and the validity or enforceability of all other provisions of these Terms and Conditions are not affected.
(d) A party may validly give a notice to another party only by:

(i) personally serving the notice on the other party (the notice is treated as received at the time of service of the notice);
(ii) leaving the notice at the address of the party as specified in these Terms and Conditions or as otherwise notified in writing by that party to the sending party at any time (the notice is treated as received at the time the notice is left at the relevant address);
(iii) posting the notice by prepaid post to the address of that party as specified in these Terms and Conditions or as otherwise notified in writing by that party to the sending party from time to time (the notice is treated as received 5 days after the date on which it is posted);
(iv) emailing the notice to the email address of the other party and the email will be deemed to have been received within 24 hours of the time that the email is sent; or
(v) sending the notice by facsimile, without transmission error (the notice is treated as received on production of a “successful transmission” notice) to the facsimile number of the party.

(e) The Member is bound under these Terms and Conditions not only in its own capacity but also in its capacity as trustee of each trust of which it is trustee.
(f) These Terms and Conditions are governed by, and must be construed in accordance with, the laws of the State of Victoria in the Commonwealth of Australia and the parties irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria and the courts of appeal from them.
(g) Waiver of a breach of, or default under, these Terms and Conditions or of any right, power, authority, discretion or remedy created or arising upon a breach of, or default under, these Terms and Conditions:

(i) is not waived by any failure to exercise or delay in exercising or partial exercise of any right, power, authority, discretion or remedy under these Terms and Conditions; and
(ii) must be in writing and signed by the party granting the waiver.

(h) Each party must do all things and execute all further documents necessary to give full effect to these Terms and Conditions.
(i) There are no other representations, promises, warranties, covenants or undertakings between the parties and these Terms and Conditions supersedes all previous agreements in respect of its subject matter and embodies the entire agreement between the parties.

13. DICTIONARY

The following words have these meanings in these Terms and Conditions unless the contrary intention appears:

  • Acceptable Usage Guidelines means the Acceptable Usage Guidelines which govern the use of the Website which is available from the Website.
  • Copyright Statement means the Copyright Statement which governs the copyright for all data on the Website which is available from the Website.
  • Disclaimer means the Disclaimer set out on the Website which is available from the Website.
  • Dondes means Dondes Pty. Ltd. ABN 47 150 188 551
  • Website Services means all of the services provided by Dondes to the Member pursuant to these Terms and Conditions.
  • Member means the person who accesses the Website in accordance with these Terms and Conditions.
  • Privacy Policy means the Privacy Policy which governs the use of all data used on the Website which is available from the Website.
  • Website means http://www.workplacefit.com.au or such other website operated by Dondes from time to time from which Dondes provides the Website Services.
  • Workplace Review means a review of any workplace by a Member.

 

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