Terms of Use

These Terms of Use are updated and effective as of 1 July, 2015.

markthejob.com is owned and operated by Kleinmann Wang Pty. Ltd. (ACN 125 873 805). In these Terms of Use, "we", "us" and "our" means markthejob.com. Please read these Terms of Use carefully as they apply to employers, reviewers, employees, advertisers, licensees, subscribers, and visitors. By using markthejob.com you agree to be bound by these Terms of Use.

If any part of these Terms of Use is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.

These Terms of Use are governed by the laws of New South Wales, Australia and you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

These Terms of Use constitute the entire agreement between us and you in relation to markthejob.com and your use of markthejob.com and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral or written, between us and you in relation to markthejob.com.

Your use of markthejob.com is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of markthejob.com, including sending you electronic notices.

The provisions of these Terms of Use which by their nature survive termination or expiry of these Terms of Use, will survive cancellation of your registration; and/or termination; and/or expiry of these Terms of Use.

You must evaluate and bear all risks associated with the use of any material or content, including reliance on the accuracy, completeness or usefulness of any material or content.

markthejob.com endeavours to provide a convenient and functional Website and Service, but we do not guarantee that your requirements will be met or that any content will be uninterrupted, error free or that the Website or the server that operates them are free of viruses or other harmful components.

While we may attempt to keep information on the Website current and accurate, we do not make any warranties or representations about the accuracy of any information on the Website or the Service.

To the extent permitted by law, everything on the Website is provided to you "as is" and "as available" without warranty or condition of any kind, either express or implied, including but not limited to, any implied warranties of accuracy, merchantability, fitness for a particular purpose or non-infringement.

We exclude all representations and warranties to the full extent permissible under applicable law.

As a user of markthejob.com, you:

Warrant to safeguard any completed employee review which we provide to you;
Authorise us to assume that any person using the Website or Service with your name; and/or email address; and/or company name is either you or is authorised to act for you;
Agree to immediately notify us of any unauthorised use of your name; and/or email address; and/or company name of which you become aware; and
Have the right to unsubscribe from receipt of news and information from markthejob.com at any time by notifying us.

Reviewer Registration

You will be required to provide simple company and personal details with markthejob.com in order to use the employee performance review tool on the Website, with such details required to be accurate, complete and current.

Without limiting other remedies, markthejob.com reserves the right to issue warnings, discontinue or cancel your use in our sole and absolute discretion without notice to you if you breach any of the terms and conditions set within these Terms of Use or any applicable law; and/or if we conclude that your conduct impacts on our name or reputation or violates our rights or those of another party.

For Advertisers

Notwithstanding any entities qualification for advertising under these Terms of Use, markthejob.com shall retain perpetually the right to accept and/or reject any solicitation of advertising on markthejob.com.

All Advertisers on markthejob.com shall be required to sign an Advertising Agreement with markthejob.com; and provide all requisite branding files in the required file formats; and make all advertising fee payments as due under the terms of the advertising agreement.

markthejob.com may at any time terminate and remove any advertising from markthejob.com where an advertiser fails to meet advertising fee commitments to markthejob.com; or is found to have been involved in any conduct contrary that may cause injury to the reputation of markthejob.com or any current markthejob.com advertiser; or does not fit the values of markthejob.com; or is found to have committed any act of criminal offence.

markthejob.com shall retain the right to take legal action in the pursuit of recovering advertising fees payable.

Intellectual property

We retain all right, title and interest in and to markthejob.com and all related content, and nothing you do on or in relation to markthejob.com or any of the related content will transfer any intellectual property rights to you or (other than the rights expressly granted to you under these Terms of Use) licence you to exercise any intellectual property rights unless expressly stated by us.

Trademark

markthejob.com, the markthejob.com logo and any other names of markthejob.com services referenced in these Terms of Use and the Website are and shall remain the property, trademarks or registered trademarks of Kleinmann Wang Pty. Ltd.

You warrant not to use our intellectual property, trademarks or registered trademarks in connection with any product or service that is not offered by us, nor in any manner that may reflect negatively on markthejob.com or on the goodwill, name or reputation of markthejob.com or Kleinmann Wang Pty. Ltd.

Content

In addition to the Intellectual property rights mentioned above, "Content" is defined as any literary text, compilation of information; advertising copy (but not advertiser branding or logos); directories; reference works; data, graphics, photographs, images, presentations, video, and audio on markthejob.com.

markthejob.com tries to ensure that the information on this site is accurate and complete.

markthejob.com does not promise that markthejob.com’s Content is accurate and error-free.

markthejob.com does not promise that the functional aspects of markthejob.com’s Content will be error free or that markthejob.com’s Content or the server that makes it available are free of viruses or other harmful components.

markthejob.com always recommends that all users of the Internet ensure they have up to date virus checking software installed.

Indemnity

You agree to defend, indemnify and hold harmless markthejob.com, our officers, directors, employees, agents, subcontractors, licensors and suppliers, from and against all claims, actions, demands, liabilities and settlements, including, without limitation, reasonable legal fees, arising in connection with your use of markthejob.com or resulting from, or alleged to result from, your use of markthejob.com, or your violation of any of these Terms of Use.

Limitation of liability

We will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, damage to brand or reputation, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use markthejob.com or any content, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we knew or should have known of the possibility of such damage.

Variation of the Website

You acknowledge that we may, in our sole and absolute discretion and without any notice, vary, modify or discontinue, temporarily or permanently, any or all of markthejob.com and you agree that we are not liable to you or any third party for such variation, modification or discontinuance.

Links and advertisements

markthejob.com often includes advertisements, hyperlinks and pointers to web sites operated by third parties.

We have not reviewed all of these websites and are not responsible for the content or accuracy of any off-site pages or any other web sites linked to the Website (including without limitation websites linked through advertisements).

The inclusion of any link does not imply that we endorse the linked site, and you use the links at your own risk.

Your correspondence or dealings with, or participation in promotions of, advertisers on these websites are solely between you and such advertisers.

Termination

If you breach (or we reasonably believe you have breached) these Terms of Use, or if we determine (or have reason to believe) you are engaging in conduct that breaches any law or regulation or infringes upon our rights or the rights of any other person, we may deactivate, cancel, suspend or terminate any aspect of your use of markthejob.com without notice to you.

We will have no further obligation to you.

Except as specifically provided for in these Terms of Use, upon deactivation, cancellation, suspension or termination, you will not be entitled to any compensation or damages, nor will you be relieved of any obligation you agreed to or incurred during your use of markthejob.com.

Resolution of disputes

If a dispute arises between you and markthejob.com, we strongly encourage you to first contact us directly to seek a resolution by contacting us through our Give Use Feedback page.

We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Privacy Policy

This Privacy Policy is effective from 1 July 2015.

Please take a few minutes and review the revised policy.

If you have any questions, please contact us through our Give Us Feedback page.

This privacy policy describes how markthejob.com handles your personal information.

markthejob.com may update this policy at any time, with updates taking effect when you next use the site or after 30 days, whichever is sooner.

If markthejob.com or our corporate affiliates are involved in a merger or acquisition, markthejob.com may share personal information with another company, but this policy will continue to apply.

If you do not accept this policy, markthejob.com may not be able to provide you with our services.

Accordingly, you may discontinue using markthejob.com.

Collection of information

Information posted on markthejob.com is publicly available.

Our servers are located in Australia.

Therefore, if you choose to provide us with personal information, you are consenting to markthejob.com's collection, use, disclosure of your personal information and to the transfer and storage of that information on our servers.

markthejob.com collects and stores the following personal and business information:

Name(s);
Email address;
Company Name;
Company Address;
Computer sign-on data;
Statistics on page views;
Traffic to and from markthejob.com (all through cookies - you can take steps to disable the cookies on your browser although this is likely to affect your ability to use the site); and
Other information, including users IP address and standard web log information.

Use of information

markthejob.com uses user’s personal information to:

Provide our services;
Encourage safe use and enforce our policies;
Customise, measure, and improve user experience and our services, content, and advertising;
Deliver targeted marketing, service updates and promotional offers according to user location and preferences;
Resolve disputes, collect fees, and troubleshoot problems; and
Do other things for users as described when markthejob.com collects information.

Disclosure of information

markthejob.com does not sell or rent user’s personal or business information to third parties for their marketing purposes without user’s explicit consent.

markthejob.com may disclose personal and business information to respond to legal requirements, enforce our policies, respond to claims that a posting or other content violates other's rights, or protect anyone's rights, property, or safety.

markthejob.com may also share personal information with:

Affiliates who help detect and prevent potentially illegal acts and provide joint services; and
Service providers who help with our business operations.

Communications and email tools

You may not use our site or communication tools to harvest addresses, send spam or otherwise breach our Terms of Use or Privacy Policy.

markthejob.com may automatically scan and manually filter email messages sent via our communication tools for malicious activity or prohibited content, but markthejob.com does not permanently store such messages.

If you use our tools to send content to a friend or share on social networking sites, markthejob.com does not permanently store your friends; addresses or use or disclose them for marketing purposes. To report spam from other users, please contact customer support.

Access, Modification, and Deletion of information

markthejob.com deletes personal information when markthejob.com no longer needs it for the purposes we described herein.

markthejob.com retains personal information as permitted by law to resolve disputes and enforce our policies. If you have further questions, you can contact us through our Give Us Feedback page.

Security of information

markthejob.com uses lots of tools (encryption, passwords, and physical security) to protect your personal information against unauthorised access and disclosure.

Notwithstanding, markthejob.com makes no warrants as to the safety and security of information stored.

markthejob.com or our service providers may use "cookies" on certain pages within markthejob.com to help analyse web page flow; customise our services, content and advertising; measure promotional effectiveness; and promote trust and safety.

A few important things you should know about cookies are that:

markthejob.com offers certain features that are available only through the use of cookies.
markthejob.com uses cookies to help identify you and maintain your company details to provide a more convenient user experience.
You are always free to decline cookies if your browser permits, although doing so may interfere with your use of some of our sites or services.
markthejob.com sometimes work with service providers who may place cookies on your computer to serve and measure the effectiveness of ads on our or our advertising partners behalf and collect anonymous information about how you markthejob.com.
This information allows them to help us customise our content and advertising.
markthejob.com does not allow these companies to collect any personal information about you using these cookies.