Bespoke Connections has a virtual noticeboard where workers can publish their profile and the general public can access information to assist in recruiting workers to provide support or lifestyle services (“Purpose”).
2. Access and use
3. Placement Fee
(a) A Placement Fee is payable by the hiring party to Bespoke Connections upon the hiring party
employing or engaging a worker sourced through Bespoke Connections.
(b) Workers must notify Bespoke Connections of any employment or engagement by the hiring party sourced through Bespoke Connections within fourteen (14) days of such employment or engagement.
4. Licence to use Site
(a) This Site contains content and information including software, text, programs, interactive facilities, graphics, photographs, sounds, music, video, documents, forms, templates and materials (“Content”).
5. Disclaimers for Workers publishing a Profile
(a) This Site allows workers to submit, transfer or upload information, text, images or other content to the Site (“Profile Contact”).
(b) You hereby grant Bespoke Connections a worldwide, non-exclusive, royalty-free licence to use, sublicence, reproduce, publish, modify and display Profile Content on this Site and in connection with Bespoke Connections’ business in any form whatsoever. You hereby grant any other person who is accessing and using this Site a non-exclusive licence to access and display Profile Content and to use, reproduce, publish, display and perform such acts as the functionality of this Site allows. You agree that the above licences granted by you are perpetual and irrevocable.
(c) You warrant to Bespoke Connections that:
ii. Profile Content does not, and its use by Bespoke Connections and other Site users under the licences granted in clause 5(b) will not, infringe the intellectual property rights of any third party;
iii. Profile Content is true, accurate and up to date;
iv. Profile Content does not contain any offensive or inappropriate material;
v. Profile Content does not contain any virus or any other malicious code whatsoever;
vi. Profile Content does not mislead, misinform or deceive any person.
(d) Bespoke Connections may refuse to publish or remove Profile Content or make, or arrange to have made, any modifications or amendments to Profile Content, in its sole discretion, at any time.
(e) You consent to any acts or omissions of Bespoke Connections in relation to Profile Content, which might otherwise infringe your moral rights as author of Profile Content.
(f) Bespoke Connections may retain for any purpose a reproduction of Profile Content after you have deleted Profile Content from this Site.
6. Third Party Content and access to Parts
(a) The Content may include information created by or for third parties (“Third Party Content”). All Third Party Content is reproduced on this Site for your information and convenience only and is not intended to replace or be used in substitution for the same content available from its original sources.
(b) Bespoke Connections may, in its sole discretion, divide the Content on this Site into parts (“Parts”).
(c)Bespoke Connections may, in its sole discretion, require that any part of this Site may only be accessed by persons who have paid to Bespoke Connections applicable fees and charges relating to that Part, or agreed to other specified terms and conditions for access to that Part.
(d)If you wish to access a Part, Bespoke Connections may provide to you a username and password, or other method of access at its sole discretion (the “Login”).
(e)Bespoke Connections has no obligation to provide you with a Login and, if Bespoke Connections has provided you with a Login, it may revoke, vary, cancel or suspend that Login at any time and for any reason whatsoever without notice.
(f)If Bespoke Connections provides you with a Login, you agree that:
i. Bespoke Connections may collect, use and disclose your personal information for purposes associated with managing your access to this Site;
ii. the Login must be used to access the Part;
iii. you will not access the Part without having first been issued with a Login;
iv. you will not:
A. disclose the Login to any other person;
B. provide any false or misleading information to Bespoke Connections or create a Login for any other person; or
C. offer to sell, sell, license or transfer your Login to any person; and
D. you shall keep the details of the Login safe and confidential; and
E. you accept all liability for any activities whatsoever conducted using your Login.
(g)You agree that Bespoke Connections may, from time to time and in Bespoke Connections’ sole discretion, carry out maintenance or other work on this Site that may limit or deny access to you; or limit or deny access to this Site or part of this Site for any reason.
7. Intellectual Property
(a)You acknowledge that Bespoke Connections and others own and reserve all intellectual property rights, including, but not limited to, copyright in the Content made available by Bespoke Connections on this Site.
(b) Except with Bespoke Connections’ express consent, you must not use this Site or the Content, for any of the following purposes:
i. the reproduction of the Content in any form;
ii. the distribution of the Content in any form;
iii. re-transmission of the Content by any medium of communication;
iv. uploading or reposting the Content to any other site or location on the internet, online service or bulletin board; or
v. framing the material on this Site with other material on any other internet site or location, online service or bulletin board.
(c) You must not:
i. decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Site or the Content;
ii. use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users;
iii. use any software, device, or manual process to monitor or copy this Site or the Content. Any unauthorised use of this Site or its Content is prohibited. Without limiting the generality of this clause, you must not cache the Content of this Site without the consent of Bespoke Connections;
iv. use any Content or this Site to cause offence, harm, injury, hurt, damage or loss of any kind whatsoever to Bespoke Connections or to any other person;
v. modify, mimic or copy the layout of this Site or any computer software or code contained in this Site.
8. Permission to use Content
(a) Notwithstanding the restrictions in clause 7 and subject to the terms of the licence granted to you under clause 4(b), you may make temporary electronic copies of the Content that are necessary to browse this Site and may download, print and edit Content from this Site for non-commercial personal use, provided that you do not remove any copyright or trade mark notices contained on or in any Content.
(b) Non-Commercial Use means use that is not for monetary reward, nor use for sale, resale, loan, transfer, hire or any other form of commercial use.
9. Links to other websites
(a) This Site contains links to sites on the internet owned and operated by third parties and which are not under the control of Bespoke Connections.
(b) Bespoke Connections is not responsible for any material contained on those websites and makes no warranties and accepts no liability in relation to material contained on those websites.
(a) You agree that Bespoke Connections may collect and use information that you provide to Bespoke Connections for the Purpose (and for associated purposes such as modifying content, keeping content current, keeping records of content, disclosing content to people who have an interest in the content, maintaining and updating the Site).
(b) You agree that Bespoke Connections may store certain information on your computer including, without limitation, cookies, that assists or enables Bespoke Connections to provide access to this Site.
(c) You confirm that the information you provide to Bespoke Connections or upload to the Site is not confidential and you expressly authorise Bespoke Connections, through the Site, to publish and disseminate any information without restriction.
(a) Personal information means information or an opinion, whether true or not, and whether recorded in a material form or not, about an identified individual, or an individual who is reasonably identifiable (“Personal Information”)
(b) Bespoke Connections will comply with its obligations under the Privacy Act 1988 (Cth) in relation to Personal Information it has access to in relation to the Site.
(d) Bespoke Connections provides notice and you agree that your Personal Information will be collected, used, copied, transmitted, stored and disclosed for the Purpose (and for associated purposes such as modifying content, keeping content current, storing records of content, disclosing content to people who have an interest in the content, maintaining and updating the Site by Bespoke Connections’ staff and contractors).
(e) You agree to the disclosure of Personal Information outside of Australia for the Purpose (and for associated purposes).
the exclusive jurisdiction of the Courts of that state.