The Website is owned and operated by Us. The Website is made
available to you for your use on the condition that you agree
to these Terms and Conditions of Use (“Terms"). References to
Us/We/Our includes Our related bodies corporate and associates
as those terms are defined in the Corporations Act 2001 and
references to “You” means you, the user of the Website.
By accessing or using the Website and engaging Us for
services, You agree to be bound by the Terms. The Terms
constitute the entire agreement between Us and You concerning
the Website and for services provided.
Acting reasonably, We may modify the Terms from time to time,
and such modifications shall be effective immediately upon
posting the modified Terms on the Website. Your continued use
of the Website constitutes your agreement to be bound by any
such update to the Terms.
The following definitions will apply for the purpose of this
Agreement means these terms and conditions
of trade between You and Us.
Applicable Law in relation to any
person, action or thing means the following in relation to
that person, action or thing:
any law, rule or regulation of any country (or political
sub-division of a country)
any obligation under any licence in any country (or
political sub-division of a country); and
any lawful and binding determination, decision or
direction of a regulator in any country (or political
sub-division of a country).
Business/es means any company or
organisation who has a profile on the Website and advertises
a Position which requires Your use of, the Website.
Content includes things that you may see,
read, hear, download or access on or via the Website
(including but not limited to messages, files, data,
software, images, photographs, illustrations, text and other
Courses includes all or any online training
course, seminar, webinar or similar offering, available to
You on the Website.
User Data means all information uploaded or
entered into the Website by You, including but not limited
to, your personal information.
Duties means the work and tasks performed
Career Coach means any career specialist,
business, organisation or association providing career
coaching services on or via the Website.
Position includes any paid or unpaid
employment, contractor role or internship.
Posted includes uploaded, posted, emailed
or otherwise electronically transmitted.
Site means any place in which You perform
ZYGADOX Pty Ltd ACN 623 604 123.
Website means either of
You means you, the user of the Website.
ZYGADOCmeans a virtual
CV/resume and personal website created and maintained by you
on the Website.
- Terms & Conditions
The Website is owned and operated by Us. We will make the
Website available to You for Your use on the condition
that You agree to these Terms and Conditions of Use
(“Terms"). References to Us includes Our related bodies
corporate and associates as those terms are defined in the
Corporations Act 2001 (Cth) and references to You
means you, the user of the Website. By using the Website,
You accept the Terms. The Terms constitute the entire
agreement between Us and You concerning the Website.
We may revise these terms and conditions from time to time
by updating the Website. The revised terms will take
effect when they are posted. You are responsible for
familiarising yourself with these terms and conditions as
they apply to You from time to time.
use and protect Your personal information.
- Operation of Website
The Website enables You to create and maintain a
ZYGADOC to share with, and be searched by,
Businesses for recruitment purposes on an opt-in basis.
Where You create and maintain a ZYGADOC on
the Website, You agree that Businesses may search Your
ZYGADOC and the content appearing in it and
may contact you directly regarding a particular Position.
You may also use the services of a Career Coach and/or
participate in a variety of Courses as offered by Us on
the Website from time to time.
- Your Use of the Website
You must not upload or post any Content that:
- you do not have the right to upload or post;
is defamatory or in contempt of any legal or other
- is misleading or deceptive;
incites hatred or discrimination against any group of
persons being a group defined by reference to colour,
race, sex, origin, nationality or ethnic or national
- denounces religious or political beliefs;
includes religious or political material which is or is
likely to be offensive;
is indecent, obscene, vulgar, pornographic, offensive or
of doubtful propriety or of a menacing character or is
likely to annoy or concern;
infringes any copyright, trade mark, patent or other
intellectual property right of another person;
contains any unsolicited or unauthorised advertising or
contains viruses or similar software or data which is
designed to interrupt, destroy or limit the
functionality of any computer software or hardware; or
impersonates any person or misrepresents your
relationship with any person.
- You must not:
disrupt or interfere with the Website or servers or
other software, hardware or equipment connected to or
via the Website;
violate any relevant law relating to Your use of the
copy, reproduce or distribute in any way, without the
prior written consent of Us, any material contained in
any Course on the Website;
use data mining, robots, screen scraping, or similar
automated data gathering techniques, extraction or
publication tools on the Website (including without
limitation for the purposes of establishing,
maintaining, advancing or reproducing information
contained on the Website or in any other publication),
except with Our prior written consent; or
collect or store personal data about other users of the
You agree that it is a condition on your use of the
Website and of any other services provided by Us or
through the Website that You will not through any act or
omission mislead or deceive others.
Your dealings with any Business or Career Coach are
matters for You and the Business or Career Coach. We make
no representations in relation to any Position (including,
without limitation, whether or not any unpaid Position is
in fact in the nature of employment). We will not be
responsible for any loss or damage of any sort You incur
as a result of your dealings with a Business, Career Coach
or otherwise in relation to any Position obtained by You
with the assistance of Your ZYGADOC or a
By using the Website, You understand that Businesses and
Career Coaches are independent entities and are not agents
of Us. We make no representations to You regarding the
conduct of any Business (whether in relation to an
Position or otherwise) or Career Coach. You may access the
Website through websites of Businesses or Career Coaches.
Whilst Businesses and Career Coaches using the Website
have represented to Us that they have obtained appropriate
insurance and will comply with all relevant legislation,
We make no representations to You regarding whether these
things have occurred (or will occur).
While We operate the Website, We do not monitor or
exercise editorial control over the Content on the Website
(including, without limitation, the content of any
advertised Positions). However We reserve the right at Our
- access or examine any Content;
move, remove or disable access to any Content which We
consider, in Our absolute discretion, to breach any
Applicable Law or to be otherwise unacceptable.
We do not endorse or recommend any of the Positions
offered by any Business or recommended by any Career
Coach, or any of the Businesses who advertise those
Positions. We strongly recommend that prior to entering
into any agreement with any Business or Career Coach, You
obtain Your own independent legal, accounting, financial
or taxation advice as appropriate.
We will not be liable to You for any decision made or
action taken by You or anyone else in reliance upon any
information contained on or omitted from the Website.
We make no representation to You regarding the continued
availability of any particular Position offered by a
You are responsible for:
understanding the nature of any Position, and in
particular how unpaid Positions differ from contracts of
employment, contracts for services and other forms of
engagement. Further information can be found at
understanding the requirements of a particular Position
(and confirming those requirements with the Business)
before You accept it. If You accept an Position, You are
responsible for negotiating the nature of your
relationship with the Business;
ensuring that You hold any relevant visa, work permit or
other authorisation necessary for you to lawfully
undertake any Position; and
should an advertised unpaid Position in fact give rise
to an employment relationship, contract for services or
other form of engagement – taking such steps as You
consider appropriate to secure any entitlements which
the relevant Business may owe You (whether by way of
commencing proceedings directly against the relevant
Business, contacting the Fair Work Ombudsman or
Third-Party Access to Information and Communications
You acknowledge and agree that third party resellers of
Our services may search and edit your User Data for the
purposes of ensuring the proper carrying out of their
obligations to Us.
If you created an account with Us through the website of a
reseller of Our services, your personal information may be
collected, retained and used by the reseller in order to
send You information and communications (which may include
marketing material) from time to time. The collection,
retention and use of your personal information by a
reseller will be governed by the particular reseller’s
- Intellectual Property Rights
We are the owner or authorised user of all intellectual
property in and associated with the Website and any
improvements and modifications thereto. We are also the
owner or authorised user of the trademarks, logos, names
and designs, whether registered or unregistered, in and
associated with the Website.
Nothing contained in the Website should be construed as
giving You any right in or license to any of the
intellectual property, trademarks, logos, names or
designs, whether registered or unregistered, associated
with the Website
You acknowledge that Content on the Website is subject to
copyright and possibly other intellectual property rights
(Intellectual Property Rights).
Unless You are expressly authorised by law You must not
yourself, or participate in or permit any other person,
sell, reproduce, distribute, modify, display, publicly
perform, prepare derivative works based on, repost or
otherwise use any of the Content in any way for any
public or commercial purpose without Our prior written
use any Content on any other web site or in a networked
computer environment for any purpose; or
otherwise infringe the Intellectual Property Rights of
any person (including Us) in using the Website or any
Nothing You do on or in relation to the Website will
transfer any Intellectual Property Rights to You or
licence you to exercise any Intellectual Property Rights
unless this is expressly stated.
In relation to any Content Posted by You, but subject to
perpetual, irrevocable, royalty-free licence to use that
content for the purposes for which the Website exists.
We provide links to other websites maintained by third
parties from the Website. We have not reviewed all of the
sites linked to the Website and are not responsible for the
content or accuracy of any off-site or third-party web pages
or any other websites linked to the Website (including
without limitation sites linked through advertisements). The
inclusion of any link does not imply that We endorse the
linked website, and You use the links at your own risk. We
are not responsible for the copyright compliance of any site
linked to from our Website. We will not be liable for any
costs, damages or loss arising in any way out of or in
connection with or incidental to any information or
third-party service provided by any third-party linked to
from the Website.
In using the Website You may give Us personal information.
Website. In using Our Website, You agree to be bound by
While We take all due care in ensuring the privacy and
integrity of the information You provide, the possibility
exists that this information could be unlawfully observed
by a third-party while in transit over the Internet or
while stored on Our systems or on Our Website. We disclaim
all liability to You to the greatest extent possible
pursuant to law should this occur.
To become a registered user, You must provide a password
and a login name. You are entirely responsible if You do
not maintain the confidentiality of your password and
login name. Furthermore, You are entirely responsible for
any and all activities that occur under Your login name.
You may change your password at any time by following
instructions. You may also change Your login by contacting
customer service. You may also delete services attached to
your registration at Your convenience.
You agree to immediately notify Us of any unauthorized use
of Your login name or any other breach of security known
- Use of the Website is at Your Risk
You use the Website at your risk. You must evaluate, and
bear all risks associated with, the use of any Content,
including reliance on the accuracy, completeness or
usefulness of any Content. You should seek your own
independent advice with respect to any Content.
We endeavour to provide a convenient and functional
Website, but We do not guarantee that the Content will be
error free or that the Website or the server that operates
it are free of viruses or other harmful components.
If your use of the Website results in the need for
servicing or replacing property, material, equipment or
data, We will not be responsible for such costs.
Without limiting the above provisions, You use the Website
at your own risk and everything on the Website is provided
to You "as is" and "as available" without warranty or
condition of any kind, either expressed or implied,
including, but not limited to, any implied warranties of
merchantability, fitness for a particular purpose, or
non-infringement. To the extent permitted by law, We
expressly disclaim and exclude any representation or
warranty whether express or implied under or in relation
to your use of the Website. Where such a condition cannot
be excluded then, to the extent permitted by law, Our
liability is limited, at Our option, to re-supply of the
good or service to which the condition relates or the
payment of the cost of such a re-supply.
We provide no warranty to You that the services generally
available through the Website will be uninterrupted or
error-free or that defects in the service will be
corrected. You understand that We cannot and do not
guarantee or warrant to You that files available for
downloading through the Website or delivered via
electronic mail through the Website will be free of
infection or viruses, worms, Trojan horses or other code
that manifest contaminating or destructive properties. You
are responsible for implementing sufficient procedures and
checkpoints to satisfy your particular requirements for
accuracy of data input and output, and for maintaining a
means external to the Website for the reconstruction of
any lost data.
- Limitation of Liability
To the extent permitted by law We have no liability to
You, whether for breach of these terms or in negligence or
in any other tort or for any other common law or statutory
cause of action arising in relation to these terms, the
Website or the Content.
To the extent permitted by law, no party involved in
creating, producing, or delivering the Website or any
Content will be liable for any direct, incidental,
consequential or indirect damages, loss or corruption of
data, loss of profits, goodwill, bargain or opportunity or
loss of anticipated savings resulting from your access to,
or use of, or inability to use the Website and the
Content, whether based on warranty, contract, tort,
negligence or any other legal theory, and whether or not
We know of the possibility of such damage.
- General Provisions
You acknowledge that we may, in our sole discretion and
with or without notice,
- vary the Website or any part of the Website; and
modify or discontinue this Website, any part of the
Website and the services available on it without notice.
The provisions of these terms and conditions entitled "Use
of the Website is at Your Risk", "Limitation of
Liability," and "General Provisions" will survive
cancellation of your registration or termination of this
If any part of this agreement is held to be unenforceable,
the unenforceable part shall be given effect to the
greatest extent possible and the remainder will remain in
full force and effect.
This agreement will be governed by the laws of Victoria,
Australia. You irrevocably submit to the exclusive
jurisdiction of the courts of Victoria, Australia.
You agree to defend, indemnify, and hold harmless Us, Our
officers, directors, employees and agents, from and
against any claims, actions or demands, including without
limitation reasonable legal and accounting fees, alleging
or resulting from your use of the Website or the Content
or your breach of this agreement.
If any part of this Agreement is held invalid that part
shall be severed from this Agreement and the remainder of
this Agreement will continue to be valid and enforceable.
Termination of this Agreement will not end those
provisions that are capable of surviving the ending of