Terms & Conditions of Use of ANAKO® Website
Last modified: May 10, 2020
This document sets out the terms and conditions on which ANAKO® Content(“we/us/our”) make our Website at (https://www.anako.com.au) (“Website”) available to you “User”). The term User includes reference to those users who wish to use the Website to apply for employment or engagement with our clients (“Candidate User”). Access to the Website is conditional upon the User’s acceptance, without alteration, of these Terms and Conditions (“Terms”). We may amend these Terms at any time by updating the Terms on the Website. For the avoidance of doubt, if a User accesses or uses the Website, or continues to access or use the Website, the User accepts these Terms (and any subsequent amendments) in full.
1 Intellectual Property
1.1 We own the Website, which is protected by copyright and/or other intellectual property rights (which are governed by Australian and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes).
1.2 ANAKO® name, logo, trademarks and colour schemes used on the Website are our intellectual property and no right or licence is granted to a User to use them.
1.3 We own all of the rights, title and interest in and to all of the content and material (including but not limited to text, images, documents, sounds, files, videos, or any other material in whatever form) that we publish on the Website at any time (“ANAKO® Content”) and all proprietary and intellectual property rights therein.
1.4 We grant Users a limited, worldwide, royalty-free, revocable licence to “share” any ANAKO® Content on the condition that the authorship of ANAKO® is properly attributed and the ANAKO® Content is “shared” without modification whatsoever.
2 Use of the Website
2.1 For the avoidance of doubt, a User may not use the Website for any of the following purposes:
(a) for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting of any threatening, libellous, defamatory, obscene, offensive, inflammatory, pornographic or profane material;
(b) to mislead or deceive others through any act or omission or make a false representation;
(c) to conduct any activity which compromises or breaches another party’s patent rights, trademark, copyright or other intellectual property rights;
(d) to introduce any virus, worm, Trojan horse, malicious code or other program which may damage computers or other computer based equipment to the Website or to other Users;
(e) other than in accordance with clause 1.4, to use, reproduce, distribute, re-transmit, transfer, upload, repost, republish, duplicate, copy or exploit for a commercial purpose the ANAKO® Content in any form (whether verbal or written) external from the Website;
(f) to “frame”, “crawl” or “spider” the Website or the ANAKO® Content in any material form external from the Website;
(g) to decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Website or the ANAKO® Content;
(h) to use any network monitoring or discovery software to determine the Website architecture, or extract information about usage, individual identities or Users;
(i) other than in accordance with clause 1.4, to use any software, device, or manual process to monitor or copy the Website or the ANAKO® Content;
(j) to modify or copy the layout of the Website, or any computer software or code contained in the Website; or
(k) to take any action that imposes an unreasonable or disproportionately large load on the Website’s infrastructure.
3 Candidate Content
3.1 Each Candidate User represents and warrants in relation to any material and/or information he or she publishes, or otherwise provides or transmits to the Website (“Candidate Content”) that:
* (a)he or she is authorised to provide the Candidate Content and accepts sole responsibility for such;
* (b)the material and/or information is current and not incomplete, inaccurate, misleading or false;
* (c)the material and/or information is not defamatory, offensive or a malicious falsehood in relation to any product, service, person or corporation;
* (d)does not, or would not likely, injure the business or reputation of ANAKO® (or its directors, officers, clients, employees or contractors) or cause damage to the viability or profitability of ANAKO® business;
* (e)the material and/or information does not infringe any intellectual property right (whether registered or unregistered), confidential information or copyright; and
* (f)the material and/or information does not infringe any laws or regulations.
3.2 By publishing, providing or transmitting any Candidate Content, the Candidate User grants us a perpetual, non-exclusive, royalty-free, worldwide licence to all intellectual property in the Candidate Content, including the rights to modify, distribute, copy, reproduce, transmit or publish such Candidate Content to our clients or potential clients in the ordinary course of our business.
3.3 By applying for a job or submitting a resume, a Candidate User agrees that we may communicate with him or her through any means including by email, mobile number, telephone, or post.
3.4 For the avoidance of doubt, the submission of an application for a job or a resume by a Candidate User via the Website, does not guarantee employment with any of our clients.
4 User Content
4.1 Users may also post content to the Website via blog comments (“User Content”). Each User represents and warrants that any User Content that he or she posts to or publishes on the Website:
* (a)is not defamatory, offensive or a malicious falsehood in relation to any product, service, person or corporation;
* (b)does not, or would not likely, injure the business or reputation of ANAKO® (or its directors, officers, clients, employees or contractors) or cause damage to the viability or profitability of ANAKO® business;
* (c)does not infringe any intellectual property right (whether registered or unregistered), confidential information or copyright; and
* (d)does not infringe any laws or regulations.
4.2 We do not endorse, sanction, support or verify any comments, opinions, statements or any other form of User Content and do not in any way guarantee the accuracy, reliability, usefulness or completeness thereof.
4.3 Under no circumstances will we be liable for any loss or damage arising from or in connection with a User’s reliance upon, or exposure to, any User Content.
4.4 By posting or publishing any User Content, the User grants us a perpetual, non-exclusive, royalty-free, worldwide licence to all intellectual property in the User Content, including the rights to modify, distribute, copy, reproduce, transmit, commercialise or publish such User Content in the ordinary course of our business.
4.5 We may delete any User Content which we believe breaches these Terms but have no obligation to screen, monitor or review User Content.
5 Cookies and Statistical Analysis
* (e)server address;
* (f)domain name;
* (g)date and time of visit;
* (h)previous Websites visited; and
* (i)browser type.
6 Warranty, Liability and Indemnity
6.1 To the maximum extent permitted by law, the Website and the ANAKO® Content are provided to the User on an “as is” basis and with all faults. We make no representations, warranties, guarantees or conditions, express or implied with respect to the Website and the ANAKO® Content. To the maximum extent permitted by law, we expressly disclaim all representations, warranties, guarantees or conditions of every kind pertaining in any way to the Website and the ANAKO® Content, whether express or implied including in respect to the accuracy, reliability, timeliness, completeness, currency, condition, quality, freedom from error or interruption, merchantability or fitness for a particular purpose of the Website or the ANAKO® Content. The User acknowledges that we are not liable, amongst other things, if the Website or ANAKO® Content do not meet the requirements of the User. To the extent that we are able to limit the remedies available under these Terms under any applicable laws, we expressly limit our liability for breach of a condition or warranty imposed by any legislation to the following remedies (the choice of which is to be at our sole discretion):
* (a)access to the Website and ANAKO® Content be provided again; or
* (b)the payment of the cost of facilitating access to the Website and ANAKO® Content again.
6.2 Subject to any form of liability otherwise implied by law, our total cumulative liability to a User shall not exceed AUD$100.
6.3 No advice or information obtained by a User from us from the Website creates any warranty not expressly stated in these Terms.
6.4 We will not be liable to any User for any indirect, incidental, special, consequential, aggravated, exemplary, and/or punitive damages nor any loss of actual or anticipated, business, salary, profits, goodwill, revenue, opportunity, reputation, data, management or administration time or legal and other professional fees and expenses, arising out of or connected in any way with the User’s use of the Website or reliance on the ANAKO® Content.
6.5 For the avoidance of doubt, a User agrees to accept the full cost of any necessary repair, correction or maintenance of any of your computer software or hardware, which may be necessary as a consequence of his or her accessing this Website or the ANAKO® Content.
6.6 The User shall indemnify and hold us and our officers, directors, employees, agents and assigns (“Indemnified Persons”) harmless from any and all loss, damage, costs, liabilities and expenses incurred or suffered by us arising out of or connected in any way to any breach by the User of these Terms (or arising out of any claim alleging that the User has breached these Terms) or any claim that the User’s use of the Website infringes the rights of or caused harm to any third party and/or their property or any claim that the Candidate Content or User Content violates an applicable law.
7 Deletion, Suspension and Termination
7.1 We may suspend or terminate any User’s access to the Website at any time without giving any notification or explanation for the termination or suspension of access, and we have no liability for any costs, losses or damages of any kind arising as a consequence of such termination or suspension.
7.2 We may modify, permanently or temporarily disable or discontinue the Website (or any part thereof) without giving any notification or explanation to Users and we have no liability for any costs, losses or damages of any kind arising as a consequence of any such modification, disablement or discontinuance.
8 Links to other Websites
8.1 This Website may contain links to and from webWebsites owned and operated by third parties and which are not under our control (“External Web Websites”).
8.2 In relation to External Web Websites, which are linked to this Website, we:
* (a)provide the link or links to External Web Websites as a convenience to Users and the existence of a link or links to External Web Websites does not imply any endorsement by us of the External Web Websites;
* (b)are not responsible for the material contained on those External Web Websites;
* (c)make no warranties and accept no liability in relation to material contained on those External Web Websites;
* (d)make no representations, warranties, guarantees or conditions, express or implied with respect to the accuracy, reliability, timeliness, completeness, currency, condition, quality, freedom from error or interruption, merchantability or fitness for a particular purpose of the External Web Websites to the maximum extent permitted at law.
9.2 If part or all of one or more of these Terms is found to be illegal or unenforceable, it will be severed from the Terms and will not affect the continued operation of the remaining Terms contained herein.
9.3 Our failure to enforce any right under these Terms is not a waiver of that right, and no waiver of any breach of these Terms is a waiver of any other breach or subsequent breach of these Terms.
9.4 These Terms are governed by the law of Victoria All Users submit to the non-exclusive jurisdiction of the Courts of Victoria, Australia.
9.5 For further information or explanations, please contact us at: email@example.com