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GetSetFix User Agreement

User Agreement
Membership Eligibility
Registration
The Registration Process
Fees and Charges
Conduct
Warranties
Breach
Indemnity
Third Party Sites
Removal of Information
Intellectual Property
Jurisdiction
Termination

1. User Agreement

Welcome to the GetSetFix.com.au (“GetSetFix”) User Agreement (“Agreement”).

GetSetFix is owned and operated in partnership (ABN 11 606 147 455) under the domain name “www.GetSetFix.com.au” (“GetSetFix Website”).

This Agreement sets out the terms and conditions that govern your use of the service provided by GetSetFix and of the GetSetFix Website.

This Agreement is in addition to the GetSetFix Privacy Policy relating to the collection, use, disclosure and handling of your personal information, and should be read in conjunction with such Privacy Policy. By accepting this Agreement, you are also agreeing to the terms of the GetSetFix Privacy Policy.

It is recommended that you carefully read these terms and conditions and the GetSetFix Privacy Policy in their entirety prior to entering into this Agreement. If you do not agree with these terms and conditions or the GetSetFix Privacy Policy, then you are not authorised to register as a member of GetSetFix or use the GetSetFix Website.

Your use of the GetSetFix Website constitutes your agreement to these terms and conditions, the GetSetFix Privacy Policy and any amendments thereto.

We may amend these terms and conditions at any time in our absolute discretion with or without further notice to you and without giving you any explanation or justification for such change. You should review these terms and conditions carefully and check periodically for any changes.

Any questions in relation to these terms and conditions and/or the GetSetFix Privacy Policy should be directed to the operators of GetSetFix by sending an email to info@GetSetFix.com.au

If any part of this Agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be severed from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
2. Membership Eligibility

GetSetFix is only available to, and may only be used by, individuals who can legally form binding contracts under the applicable laws of New South Wales. Without limiting the foregoing, our services are not available to persons under the age of 18 years of age or to temporarily or indefinitely suspended Registered Members.

If you are under the age of 18 years, or are temporarily or indefinitely suspended from the use of the GetSetFix Website, then you are not authorised to use the GetSetFix Website.

3. Registration

This Agreement is made to be effective as of the date accepted by the operators of GetSetFix following your execution and submission of this Agreement by clicking the
“Register” checkbox on the Registration Form.

By clicking the “Register” checkbox on the Registration Form, you acknowledge your acceptance of these terms and conditions of this Agreement and of the GetSetFix Privacy Policy.

By accepting the terms and conditions of this Agreement and completing the registration process, you are hereby:

Agreeing to become registered as a “Registered Member” of GetSetFix;

Representing and warranting to the operators of GetSetFix that you have the legal capacity to enter into this Agreement;

Agreeing to be bound by the provisions of the GetSetFix Privacy Policy; and

Agreeing to be bound by the terms and conditions of this Agreement.

The Registration Process

GetSetFix is an online marketplace matching people requiring a specific service (“Job Seekers”) with those providing that specific service (“Service Providers”).

Both Job Seekers and Service Providers will need to become Registered Members of GetSetFix to obtain the benefit of matching of Job Seekers with Service Providers.

To become a Registered Member of GetSetFix and obtain the full benefits and features of membership, you will be required to register your contact details and other personal information with us and sign in as a Registered Member each time you visit the GetSetFix Website.

Each Registered Member of GetSetFix will be allocated a Profile based on the information provided during the registration process. Each Profile will be stored on the GetSetFix database to accurately identify each Registered Member.

Registered Members may edit the content of information forming part of their Profile at anytime by logging in to GetSetFix, clicking “My GSF” and clicking the “Edit Details” button.

You are solely responsible for the content that you provide during the registration process. We do not endorse any information posed by Registered Users during the registration process and we are not liable for any such information posted on the GetSetFix Website, including but not limited to any information posted about you.

You acknowledge that authenticating the identity of a Registered Member on-line is extremely difficult, and that the operators of GetSetFix make no warranty or representation about the authenticity of a Registered Member’s identity.

You acknowledge that we cannot control or prohibit the content of information provided by other users during the registration process. The content of information provided by other users may be false, inaccurate or misleading.

Without limiting any other remedies available to the operators of GetSetFix, its employees and agents at law, in equity or pursuant to this Agreement, the operators of GetSetFix may, in their sole discretion, temporarily suspend, indefinitely suspend, or terminate your membership of GetSetFix (and terminate this Agreement) if it considers that the content of information provided by you during the registration process is either false, inaccurate or misleading in any way.

The operators of GetSetFix shall have no liability whatsoever for any costs, losses or damages of any kind, which you may incur, arising as a consequence either directly or indirectly of temporarily suspending, indefinitely suspending or terminating the membership of a GetSetFix Registered Member as a result of the content of information provided during the registration process being either false, inaccurate or misleading in any way.

You will at all times indemnity and keep indemnified the operators of GetSetFix and its employees and agents (in this paragraph referred to as “those indemnified”) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of the content of information provided by you during the registration process which is either false, inaccurate or misleading in any way.

Once a user has completed the application form to become a Registered Member, the user will be required to acknowledge its acceptance of these terms and conditions of use and the GetSetFix Privacy Policy.

Once a user has acknowledged its acceptance of these terms and conditions and the GetSetFix Privacy Policy, they will be forwarded an email containing a unique password and activation link to complete the registration process.

The operators of GetSetFix reserve the right (but not the obligation) to verify any personal information provided by a Registered User during the registration process.

Registered Users agree that to facilitate an efficient system of matching Job Seekers with Service Providers, we may access your records and systems and/or contact you for the purposes of verification and clarification. You agree to provide us with such additional information as may be reasonably necessary and appropriate having regard to the interests of other Registered Members and the integrity of the services provided by the operators of GetSetFix.

Fees and Charges – Payment Terms

Becoming a Registered Member of GetSetFix either as a Job Seeker or Service Provider is FREE.

Posting a Job on the GetSetFix database is FREE and you will be required to register as a Job Seeker to post a Job.

A Registered User must register as a Service Provider to register an interest in any particular Job listed on the GetSetFix database by a Job Seeker.

A Service Provider will be charged a one off fee of AU$12.00 (including GST) (hereinafter referred to as a “Service Fee”) to register an interest in any one particular Job. Service Providers may register an interest in more than one Job and each subsequent registration of interest will incur a further Service Fee.

Job Seekers WILL NOT be charged if a Service Provider registers an interest in a posted Job.

Service Fee’s are charged at the time a Service Provider registers an interest in any Job and are non-refundable as the service provided by GetSetFix is completed on submission of the Service Providers contact details to the Job Seeker upon payment of the Service Fee.

Payment of the Service Fee may be made by either a Visa, MasterCard, Bankcard, AMEX or Diners Club credit card via the NSIPS payment system or by using the PayPal™ payment service.

We strongly recommend that users of the PayPal™ payment service access and read the information contained in the PayPal™ user agreement (http://www.paypal.com.au/au), as they contain further terms and conditions that may apply to you as a PayPal user.

The GetSetFix database does not permanently store or record credit card numbers used in payment of the Service Fee. However, the GetSetFix database may, in the process of completing the payment process, temporarily store credit card numbers prior to them being submitted through the NSIPS system.

Transmission of your credit card details is made through the NSIPS system to the Bank and we receive and display a response to your transaction, which will also be sent to you via your registered email address for confirmation and verification.

You should ensure that a locked padlock symbol appears at the foot of your browser window when you are entering your credit card details to ensure that a secure connection is established with the NSIPS payment system.

Whilst the operators of GetSetFix employ the latest in secure technologies software for the GetSetFix Website and its transactions with Service Providers and payment of the Service Fee, the operators of GetSetFix will not be responsible for any damages, consequential losses suffered by a Service Provider whose credit card is fraudulently used or used in an unauthorised manner.

The operators of GetSetFix reserve the right at any time to change the Service Fee or these Payment Terms. Changes to the fees charged by the operators of GetSetFix and these Payment Terms shall become effective after we have provided you with at least fourteen (14) days notice of the changes to our fees and Payment Terms and posted on the GetSetFix Website.

The operators of GetSetFix shall have no liability for any costs, losses or damages of any kind arising as a consequence either directly or indirectly of a change to the fees charged and these Payment Terms provided that the operators of GetSetFix has met the notification requirement stated above.

Conduct

You agree not to use the GetSetFix Website or any information obtained by your use of the GetSetFix Website to upload, post, email or otherwise transmit:

content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, offensive, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable or discriminatory;
content that infringes any intellectual property rights, including but not limited to, trade marks, service marks or business names (whether registered or unregistered), confidential information and copyright;
unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation whatsoever or do anything which would constitute an infringement of the Spam Act 2003 (Cth);
material that contains software viruses, worms, Trojan Horses or any other computer codes, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or program;
material that infringes any legislation or regulations of the Commonwealth of Australia and the State of New South Wales including, but not limited to, the Trade Practices Act 1974 (Cth) and the [Fair Trading Act 1987 (NSW) and equivalent state and territory legislation] and any other parliamentary competent to legislate in relation to the GetSetFix Website or any law in any country where the material and/or information is or will be available electronically to users of the GetSetFix Website.

Without limiting any other remedies available to the operators of GetSetFix, its employees and agents at law, in equity or pursuant to this Agreement, the operators of GetSetFix may, in their sole discretion, temporarily suspend, indefinitely suspend, or terminate your membership of GetSetFix (and terminate this Agreement) if it considers that your conduct is in breach of this Agreement, having regard to the interests of other Registered Members and the service provided by GetSetFix.

You will at all times indemnity and keep indemnified the operators of GetSetFix and its employees and agents (in this paragraph referred to as “those indemnified”) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of your conduct and any breach of this Agreement.
7.Warranties

You hereby acknowledge that the operators of GetSetFix and the GetSetFix Website are not involved in the actual transaction between Job Seekers and Service Providers and that the GetSetFix Website is merely the means by which Job Seekers are provided a forum to post a Job they require completed and for Service Providers to register an interest in a Job.

As a result, the operators of GetSetFix have no control over and, to the extent permitted by law, make no warranties or representation of any kind, either expressly or impliedly, in relation to the ability of Job Seekers and Service Providers to actually enforce or complete the transaction.

The role of the operators of GetSetFix concludes once the contact details of the Service Provider are forwarded to a Job Seeker upon payment of the applicable Service Fee.

The operators of GetSetFix in their role as providing the forum for the listing of Jobs by Job Seekers and registration of interests by Service Providers, makes no warranty or representation of any kind, either expressly or impliedly, that the services provided by a Service Provider will be suitable for any particular purpose, or that a Service Provider has any particular qualifications or is legally entitled to carry on a particular business or service.

It is your responsibility to investigate the suitability, adequacy and quality of service provided by a Service Provider and to verify any information concerning a Service Provider provided by a Service Provider before relying on it.

The operators of GetSetFix shall have no liability whatsoever for any costs, losses or damages of any kind, which you may incur, arising as a consequence either directly or indirectly of the suitability of the service provided by a Service Provider for any particular purpose, or the qualifications (or lack of) or legal entitlement of a Service Provider to carry on a particular business or service.

You will at all times indemnity and keep indemnified the operators of GetSetFix and its employees and agents (in this paragraph referred to as “those indemnified”) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of the suitability of the service provided by a Service Provider for any particular purpose, or the qualifications (or lack of) or legal entitlement of a Service Provider to carry on a particular business or service.

Whilst the operators of GetSetFix attempt to ensure the efficient operation of the matching process, the operators of GetSetFix make no warranty or representation of any kind, either expressly or impliedly, that:

a Service Provider will register an interest in a Job posted by a Job Seeker;

there will be a sufficient number of Registered Service Providers to meet the number of Jobs posted on the GetSetFix database;

there will be a sufficient number of Service Providers to meet the specific service required to be completed by a Job Seeker;

a Job Seeker will contact any or all of the Service Providers who have registered an interest in any particular Job, paid the applicable Service Fee and who has been provided by GetSetFix with the contact details of the Service Provider;

the Job will still be available upon registration of interest in a particular Job, payment of the applicable Service Fee; and

the Job Seeker and Service Provider will be successful in completing a transaction.

The operators of GetSetFix have made every effort to ensure that the material contained on the GetSetFix Website is free from errors or omissions or is suitable to your intended use. However, the operators of GetSetFix give no warranty, guarantee or representation about the accuracy, reliability, adequacy, timeliness or completeness of any material contained on the GetSetFix Website and/or any Third Party Website.

To the full extent permitted by law, the operators of GetSetFix disclaim any and all warranties, express or implied, regarding:

the accuracy, reliability, adequacy, timeliness or completeness of any material contained on the GetSetFix Website and/or any Third Party Website; and

the merchantability or fitness for any particular purpose for any service or product contained or referred to on the GetSetFix Website and/or on any Third Party Website.

The operators of GetSetFix will not be liable under any circumstances for any loss of profits or any damages of any kind recognized by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:

acting, or failing to act, on any information contained on or referred to on the GetSetFix Website and/or any of the Third Party Websites; and

using or acquiring, or you inability to use or acquire, any service or product contained or referred to on the GetSetFix Website and/or any Third Party Website.

The operators of GetSetFix do not warrant, guarantee or make any representation that:

the GetSetFix Website, or server that makes the GetSetFix Website available on the World Wide Web are free of software viruses;

the functions contained in any software contained on the GetSetFix Website will operate uninterrupted or are error-free; and

errors and defects in the GetSetFix Website will be corrected.

errors or omissions in the GetSetFix Website, or any Third Party Website; and

delays to, interruptions of or the cessation of the services provided by GetSetFix or any Third Party Website.

8.Breach

Without limiting any other remedies available to the operators of GetSetFix, its employees and agents at law, in equity or pursuant to this Agreement, the operators of GetSetFix may, in their sole discretion, temporarily suspend, indefinitely suspend, or terminate your membership of GetSetFix (and terminate this Agreement) if it considers that this action is appropriate having regard to your breach of this Agreement, the interests of other Registered Members and the service provided by GetSetFix.

9. Indemnity

You will at all times indemnity and keep indemnified the operators of GetSetFix and its employees and agents (in this paragraph referred to as “those indemnified”) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of any breach of this Agreement by you; and publication of or distribution of material and/or information supplied by you.

10.Third Party Sites

The GetSetFix Website contains links to third party websites (“Third Party Websites”) which are not maintained or controlled by GetSetFix.

GetSetFix provides these links solely for your convenience and the existence of a link to Third Party Websites does not imply any endorsement or approval by the operators of GetSetFix of the Third Party Websites.

GetSetFix does not endorse, and accepts no responsibility for, the content or use of any Third Party Websites.

11.Removal of Information

In relation to any material and/or information included on the GetSetFix Website, the operators of GetSetFix may remove any material and/or information, included but not limited to links to Third Party Sites, at any time without giving any explanation or justification for removing any material and/or information from the GetSetFix Website.

12.Intellectual Property

The content of the GetSetFix Website is owned by the operators of GetSetFix who reserves all rights including, but not limited to, copyright under the Copyright Act, 1968 (Cth) of all material contained on the GetSetFix Website.

You may not use the GetSetFix Website, or the material contained on it for any purpose including, but not limited to:

Reproduction of the material in any material form;

Distribution of the material in any material form;

Re-transmission of the material by any medium of communication; and

Uploading and/or reposting the material to any other website on the World Wide Web.

without the prior written consent of the operators of the GetSetFix Website.

13.Jurisdiction

This Agreement will be governed by and interpreted in accordance with the law of New South Wales, without giving effect to any principals of conflict of laws.

You agree to the jurisdiction of the courts of New South Wales to determine any dispute arising out of this Agreement.

Termination

This Agreement will remain in full force and effect while you are a Registered Member of GetSetFix.

You may terminate your membership with GetSetFix at any time, effective upon receipt by us of your written notice of termination.

You may terminate your membership of GetSetFix online by logging in to GetSetFix, clicking “My GSF” and clicking “Suspend Account”.

Notwithstanding any other provision of these terms and conditions, the operators of GetSetFix may, in their sole discretion, temporarily suspend, indefinitely suspend, or terminate your membership of GetSetFix (and terminate this Agreement) if it considers that this action is appropriate having regard to your breach of this Agreement, the interests of other Registered Members and the service provided by GetSetFix.

If the operators of GetSetFix temporarily suspend, indefinitely suspend, or terminate your membership of GetSetFix (and terminate this Agreement), any Service Fee’s paid by Service Providers will not be refunded.

The operators of GetSetFix shall have no liability whatsoever for any costs, losses or damages of any kind, which you may incur, arising as a consequence either directly or indirectly of temporarily suspending, indefinitely suspending or terminating your membership of GetSetFix (and termination of this Agreement).

This User Agreement is effective 01.September 2006 and replaces any previous User Agreement published prior to 01 September.2006.

I HAVE READ THIS USER AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

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