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LIVESPARKS - TERMS AND CONDITIONS

This online platform (Platform) is operated by Livesparks Pty Ltd ACN 625 475 416 or its successors and assignees (we, our or us). It is available at: www.livesparks.com.au and may be available through other addresses or channels.

In these terms and conditions, Platform refers to our online community regardless of how you access it. The Platform connects employers and businesses within the electrical industry (Business) with employees and members of the electrical industry (Individuals) by providing a directory of Businesses, posting job advertisements and news articles, providing an online forum and allowing Members to upload and share sponsored content, and other related activities.

Acceptance

By accessing and/or using our Platform, you; each person, entity or organisation using our Platform (referred to as you) (i) warrant to us that you have reviewed these terms and conditions, including our Privacy Policy (available on the Platform) (Terms); (ii) warrant to us that you have the legal capacity to enter into a legally binding agreement with us; and (iii) agree to use the Platform in accordance with these Terms. You must not use the Platform unless you are at least 18 years old.

If you are agreeing to these Terms not as an individual but on behalf of a company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” means the Represented Entity and you are binding the Represented Entity to these Terms. If you are accepting these Terms and using our services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.

These Terms supplement and incorporate our policies and terms and conditions posted on the Platform.

We may use Google Maps mapping services, including Google Maps API(s). Your use of Google Maps is subject to the Google Maps Additional Terms of Service.

Online Members Directory

(a) A Business may use the Platform to create a listing in our online Members directory. The information about the Business that can be listed is variable depending on what Plan the Business has selected, as outlined on the Platform.

(b) Business and Individuals may browse the online business directory for information about a Business, including their contact information.

(c) Where you create a listing in our online business directory, you warrant that the information you provide is accurate and up-to-date.

(d) Where Business and Individuals connect with each other using details found on the online Members directory, we accept no liability for any aspect of the Business and Individuals interaction, including but not limited to the description of products and services offered, the performance of services and the delivery of goods. We do not assist or involve ourselves in any way in any dispute between a Business and Individuals.

Forums

(a) The Platform has an online community on which registered users are able to communicate and post content for discussion with other registered Business and Individuals (Community Forum).

(b) We ask you to limit your discussions to topics which are relevant to the Platform.

(c) We reserve the right to remove any posts or comments which we, in our sole discretion, deem to be inappropriate.

(d) Use of the Community Forum is subject to any acceptable use policies and behavioural guidelines, as set out on the Platform from time to time.

Job Advertising and Recruitment Services

(a) You may order and purchase the ability to post job advertisements and obtain other recruitment services from us as set out on the Platform. The specific inclusions and exclusions of these services are outlined on the Platform, or as otherwise notified to you. Any order placed through the Platform is an offer by you to purchase a particular product or service for the price notified (including the delivery and other charges and taxes) at the time you place your order (the Price).

(b) Unless otherwise set out on the Platform, the Price must be paid prior to the job advertisements or recruitment services being provided.

(c) Some recruitment services may require additional terms and conditions, and/or an alternate payment structure, including a deposit. These recruitment services will be identified on the Platform, and you can contact us for further details in relation to these services.

(d) We may, at our absolute discretion, accept or reject an order. We will endeavour to notify you of a rejection at the time of the order or within a reasonable time thereafter.

(e) Each order that we accept results in a separate binding agreement between you and us for the supply of products in accordance with the Terms.

(f) It is your responsibility to check the order details, including selected products and pricing, before you submit your order through the Platform.

(g) When you order and pay on the Platform and your payment has been validated, we will provide you with a confirmation email setting out the services purchased and the Price paid.

Collection Notice

(a) We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.

(b) We may disclose that information to third party Businesses who help us deliver our services (including information technology Businesses, data storage, web-hosting and server providers, professional advisors, third party payment processors and our business partners) or as required by law. If you do not provide this information we may not be able to provide you with access to our Platform. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.

(c) Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process.

(d) By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.

Registration and Profiles

(a) You can browse and view the Platform as an unregistered user of the Platform. You must register on the Platform and create an account (Account) to access some features on the Platform.

(b) You may only have 1 Account as a Business and 1 Account as a Member on the Platform.

(c) You must provide basic information when registering for an Account including name, email address, and location and you may choose a username and password. The username you choose must not (i) be offensive or in other ways insulting or (ii) contain characteristics which belong to a third party, including names of famous persons, or personal names to which you do not own the rights.

(d) Once you have registered an Account, your account information will be used to create a profile which you may then curate (Profile). Your Profile is personal and you must not transfer it to others, except with our written permission.

(e) You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete.

(f) You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details, whether or not you authorised such activities or actions.

(g) You will immediately notify us of any unauthorised use of your Account.

(h) At our sole discretion, we may refuse to allow any person to register or create an Account.

Payment of Membership Fees and the Price

(a) Any payments will be made through our third party payment processor, currently Stripe, or by any other payment method set out on the Platform.

(b) It is free for Individuals to register an Account on the Platform. There is no charge for a Individual to apply for a job listed on the site, or comment or contribute to the Member Forum.

(c) Except for where Businesses sign up to a free membership tier, Businesses must pay the fees set out on the Platform to register an Account on the Platform (Membership Fees). Businesses can choose from a number of monthly membership tiers on the Platform, which provide for certain features as set out on the Platform (Plan).

(d) The Membership Fees are payable in advance of the next billing cycle for the Business’s Plan and any additional charges will be billed in arrears at the end of the Plan cycle (unless otherwise agreed).

(e) Businesses are responsible for reviewing the pricing schedule, features and limits associated with their Plan, which are available on the Platform.

(f) The Membership Fees are non-refundable. To the maximum extent permitted by law, there will be no refunds or credits for any unused Plan (or part thereof), Plan downgrade or unused Accounts. Businesses who downgrade their Plan may experience the loss of content, features or capacity of their Account. We do not accept any liability for any losses or damages that may arise in such cases.

(g) We may offer Businesses a free or trial Account with limited features designed to allow them to evaluate the Platform and make sure it is right for them before signing up for a paid Plan. Any trial period can change at any time without notice. We have the right to terminate any trial Account if Businesses are found to be misusing the Platform.

(h) Your Plan may begin with a free trial. The following terms apply to any free trials we offer to you:

  1. The free trial period of your Plan lasts for the period otherwise specified during the account registration process. Any free trial period we offer is intended to allow you to experience our Platform.
  2. We determine free trial eligibility in our sole discretion and we may limit eligibility to prevent free trial abuse. We reserve the right to revoke the free trial and suspend your Account in the event that we determine that you are not eligible.
  3. We may charge your chosen payment method (such as your credit card) for your Membership Fees at the end of the free trial unless you cancel your Plan prior to the end of the free trial period.

(i) If you do not cancel your Plan before the end of any free trial period, your Plan will continue on a recurring basis depending on the billing cycle period chosen until terminated.

(j) If Businesses upgrade or downgrade their Plan, the credit card linked to their Account will automatically be charged the Membership Fees for their new Plan in advance of their next Plan billing cycle. Please ensure that this credit card has sufficient funds to pay the Membership Fees. If a Business’s credit card expires and they do not cancel their Account, they will remain responsible for paying the Membership Fees for the Plan, which will accrue to their Account until we receive a cancellation notice.

(k) The Membership Fees are subject to change upon 30 days’ notice from us to you and will apply to the next Plan billing cycle. Such notice may be provided at any time by posting the changes on our Platform, via email or via a notification to your Account. If you do not agree to the change to the Membership Fees, you may cancel your Account in accordance with these Terms.

(l) All Membership Fees and Prices include GST. Businesses are responsible for all taxes, levies or duties imposed by taxing authorities in their own country, and they shall be responsible for payment of them.

(m) If any payment is not made in accordance with our payment terms, we may (at our absolute discretion):

  1. immediately cease providing the Services to you and recover as a debt due and immediately payable from you our additional costs of doing so;
  2. charge interest at a rate equal to the Reserve Bank of Australia’s cash rate from time to time plus 8% per annum, calculated daily and compounding monthly, on any amounts unpaid after the due date of payment; and/or
  3. engage debt collection services and/or commence legal proceedings in relation to any unpaid amounts.

(n) We may from time to time issue promotional discount codes for certain products, services or Plans on the Platform. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Platform, or follow the instructions as otherwise set out in the conditions of the promotional discount code. The conditions of use relating to promotional discount codes will be specified on the Platform at the time they are issued.

Refund and Cancellation Policy

We do not accept refunds for change of mind or other circumstances for the Price or Membership Fees paid.

Licence to use our Platform

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.

Prohibited conduct

You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including (without limitation):

(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

(b) using our Platform to defame, harass, threaten, menace or offend any person;

(c) interfering with any user using our Platform;

(d) tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform;

(e) anything that might violate any local, state, national or other law or regulation or any order of a court, including, without limitation, electrical regulations;

(f) as a Business, advertising an offer, goods or services that you do not intend to honour or cannot provide;

(g) as an Individual, making any offers to Businesses that you do not intend to offer;

(h) using our Platform to send unsolicited email messages; or

(i) facilitating or assisting a third party to do any of the above acts.

Exclusion of competitors

You are prohibited from using our Platform, including the information and materials available on it (Content), in any way that competes with our business. If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use. Information The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, we do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Intellectual Property rights

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.

You must not, without the prior written consent of ourselves or the owner of the Content (as applicable):

(a) copy or use, in whole or in part, any Content;

(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

(c) breach any intellectual property rights connected with our Platform, including (without limitation) by:

  1. altering or modifying any of the Content;
  2. causing any of the Content to be framed or embedded in another website; or
  3. creating derivative works from the Content.

User Content

You may be permitted to post, upload, publish, submit or transmit relevant information and content, including photos, job advertisements, news articles and advertisements for products and/or services (User Content) on our Platform. By making available any User Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our Platform.

You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that:

(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and

(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.

Third party sites: Our Platform may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites. You should make your own investigations with respect to the suitability of those websites.

Discontinuance: We may, at any time and without notice to you, discontinue our Platform, in whole or in part. We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Consumer Guarantees

(a) Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights).

(b) Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.

(c) The goods and services provided by a Business might also confer you certain Statutory Rights.

Warranties, disclaimers and indemnity

To the extent permitted by law, we make no representations or warranties about our Platform, the Content, Businesses, Individuals, news articles or job listings, including (without limitation) that:

(a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;

(b) access will be uninterrupted, error-free and free from viruses;

(c) our Platform will be secure;

(d) Businesses will be contacted by Individuals as a result of being listed in the online Members directory or that Individuals will find desirable Businesses;

(e) Candidates applying to job postings are of a particular standard of workmanship or meet the description.

You read, use, and act on our Platform and the Content at your own risk.

Limitation of liability: Despite anything to the contrary, to the maximum extent permitted by law:

(a) our maximum aggregate Liability arising from or in connection with these Terms (including the services we provide and/or the subject matter of these Terms) will be limited to, and must not exceed the portion of the Membership Fees and the Price paid by you to us for the services the subject of the relevant Liability; and

(b) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

(c) Despite anything to the contrary, to the maximum extent permitted by law, we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with any:

  1. loss of, or damage to, any property, or any injury or loss to any person;
  2. failure or delay in providing the Platform or our services; or
  3. breach of these Terms or any law, where caused or contributed to by any:
  4. event or circumstance beyond our reasonable control;
  5. a fault, defect, error or omission in your computing environment; or
  6. act or omission of you or your related parties,
  7. and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the products.

(d) You acknowledge and agree that (i) you use the Platform or our services at your own risk, (ii) the provision of the Platform or our services may be contingent on, or impacted by, third parties, suppliers or other subcontractors (Third Party Inputs), and despite anything to the contrary, the maximum extent permitted by law, we will not be responsible and will have no Liability for any default or breach of these Terms or any law if such default or breach was caused or contributed to by any Third Party Inputs.

(e) You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.

(f) Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Platform or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

(g) This clause will survive the termination or expiry of these Terms.

Termination

(a) You may cancel your Account and terminate these Terms at any time via the “Delete Account” feature within the “Update Profile” section (or similar) on our Platform or by sending us an email to the address at the end of these Terms. You can also deactivate your Account at any time via the Platform. No refunds will be made upon cancellation, and you will continue to receive access to the Platform until the following monthly renewal date of your Plan.

(b) We may terminate these Terms for convenience at any time by giving you 30 days’ notice via email to the email address in your Account.

(c) At our sole discretion, we may suspend your Account or terminate these Terms immediately if you are in breach of these Terms, any applicable laws, regulations or third party rights.

(d) Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

General

Variation: We may modify these Terms from time to by notifying you by email. By continuing to use the Platform after such modification, you agree to the amended terms. If you do not agree to the modifications, you must terminate your Account and stop using the Platform.

Assignment: You may not assign, transfer or delegate your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate our rights and obligations under these Terms with 30 days prior notice.

Severance: The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction: Your use of our Platform and these Terms are governed by the laws of Western Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Western Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

For any questions and notices, please contact us at:

Livesparks Pty Ltd ACN 625 475 416

Email: info@livesparks.com.au

Last update: 30 March 2020

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