Terms & Conditions

Agreement

Please read the Terms of service carefully. By accessing or using this website, you agree to be bound by the Terms and Conditions ("Terms") described herein and all Terms incorporated by reference. If you do not agree to all of these Terms, please do not use this website.

 These terms of service ("Terms") apply solely to your access to, and use of, the Website of ProTalent Pty Ltd, which is owned, maintained and operated by Savvy Digital (collectively "ProTalent Pty Ltd"), located at www.ProTalentSites.com (the "Site") and the web development and hosting tools and services accessed through the Site as more fully described below (the "Services"). These Terms do not alter in any way the terms or conditions of any other agreement you may have with ProTalent Pty Ltd, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Site or the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf, and that such entity agrees to indemnify you and ProTalent Pty Ltd for violations of these Terms. Nothing in these Terms shall be deemed to confer any third party rights or benefits.

Direct Debit Agreements

If you have selected our month-to-month 'Aspire' or 'Pro' membership package from the Features & Pricing page on ProTalentSites.com (www.protalentsites.com/featurepricing.aspx), you hereby request ProTalent Pty Ltd periodically debit your nominated credit card for the agreed amount to ProTalent Pty Ltd. Drawing under this Direct Debit arrangement will occur on the same day of each month corresponding with the date of first payment. If any drawing falls due on a non-business day, it will be debited to your account on the next business day following the scheduled drawing date. If you wish to cancel your Direct Debit, notification must be received in writing. It is your responsibility to ensure that your nominated Credit Card or Debit Card account can accept Direct Debits (your financial institution can confirm this); and that on the drawing date there is sufficient cleared funds in the nominated account; and that you advise us if the nominated account is transferred or closed. If your drawing is returned or dishonored by your financial institution, we will re-draw after 3 days from your debit account. If it is returned or dishonored again, ProTalent Pty Ltd will notify you via email and allow a 30-day period for you to bring your account up-to-date. If you do not respond, the 'Aspire' or 'Pro' services will be suspended. In this case, any transaction fees payable by us in respect of the above will be added to the account.

Direct Debit Enquiries

Direct all enquiries to ProTalent Pty Ltd, rather than to your financial institution, and these should be made at least 5 working days prior to the next scheduled drawing date. All communication addressed to us should include your User Name and email address. All personal customer information held by us will be kept strictly confidential except that information provided to our financial institution to initiate the drawing to your nominated account.

Direct Debit Disputes

If you believe that a drawing has been initiated incorrectly, we encourage you to take the matter up directly with us by contacting us via the ProTalentSites.com contact form. If you do not receive a satisfactory response from us to your dispute, contact your financial institution who will respond to you with an answer to your claim within 5 business days (for claims lodged within 12 months of the disputed drawing); or within 30 business days (for claims lodged more than 12 months after the disputed drawing). You will receive a refund of the drawing amount if we cannot substantiate the reason for the drawing.

Description of Services

The Services include various online website development tools and web applications operated and hosted by ProTalent Pty Ltd to enable you to create and publish web sites, hereafter referred to as the "ProTalent Pty Ltd Systems". The user/client of the "ProTalent Pty Ltd Systems" will be known as "you". The Services also includes web hosting services for the web sites you create through the Site.

User Sites

ProTalent Pty Ltd enables users to create and publish web sites that are hosted by ProTalent Pty Ltd ("User Sites"). ProTalent Pty Ltd does not approve or control such User Sites and does not routinely review or monitor such Sites. In addition, you understand and acknowledge that your business dealings, correspondence or interactions with any User Site and any terms, conditions, warranties or representations associated with such dealings or interactions are solely between you and the operator of such User Site. Therefore, you acknowledge and agree that ProTalent Pty Ltd is not responsible or liable in any manner for, and makes no warrantees of any kind regarding, the content, functionality, business, legality, accuracy, completeness, quality, reliability, security, usefulness or practices of any User Sites or for any dealings with or transactions conducted on or in connection with any User Site. The hosting of any User Site does not imply endorsement or sponsorship by ProTalent Pty Ltd or any association or affiliation with its operators or the content, business or operation of the User Site, and if you create any User Site, you may not do anything to imply any such endorsement, sponsorship, association, affiliation or relationship with ProTalent Pty Ltd. You use and interact with such user sites at your own risk. You may not use the name, logo or other trademarks of ProTalent Pty Ltd to imply any sponsorship, affiliation or relationship between you and ProTalent Pty Ltd other than that ProTalent Pty Ltd is hosting your User Site.

License

You are granted a limited, non-sublicensable license to access and use the Site and the ProTalent Pty Ltd Systems solely in connection with the creation of web sites hosted on this Site. The Site and the ProTalent Pty Ltd Systems are licensed from the owner ProTalent Pty Ltd, a Melbourne company located Shop 5, 9 Yarra St, South Yarra, Vic, 3141, subject to your acceptance of these Terms. Such license is subject to these Terms and does not include: (a) any resale or distribution of the Site or the ProTalent Pty Ltd Systems; (b) modifying or otherwise making any derivative uses of the Site and the ProTalent Pty Ltd Systems, or any portion thereof; (c) use of any data mining, robots or similar data gathering or extraction methods; (d) downloading (other than the page caching) of any portion of the Site or the ProTalent Pty LtdSystems except as expressly permitted on the Site; or (e) any use of the Site or the ProTalent Pty Ltd Systems other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of ProTalent Pty Ltd, is strictly prohibited and will terminate the license granted herein.

Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by implication or otherwise. This license is revocable at any time.

 You assume responsibility for the selection of the Site and the ProTalent Pty Ltd Systems to achieve your intended results, and for the installation, use, and results obtained therefrom. ProTalent Pty Ltd, Inc. reserves the right to modify, suspend or discontinue the Site or the ProTalent Pty LtdSystems with or without notice at any time and without any liability to you.

 If you are under the age of 13 you may still create an account and use the Site and ProTalent Pty Ltd Systems, however you must do so under the guidance and with the express consent and permission by your parent or legal guardian who must be over the age of 18. Should ProTalent Pty Ltd be notified or otherwise become aware that you do not have permission from a parent/guardian, ProTalent Pty Ltd reserves the right to terminate your account and this license and to refuse service to you at any time with or without notice. 

ProTalent Pty Ltd reserves the right to refuse service to anyone at any time with or without notice for any reason.

User Name and Sub-Domains

To gain access to the ProTalent Pty Ltd Systems and the functionality of the ProTalent Pty LtdSystems and to create a User Site, you will be required to register an access User Name and Password. The User Name and Password may only be used by you. You will be responsible and liable for all activities occurring under your User Name and for keeping your password secure. 

As part of the ProTalent Pty Ltd Systems and the Services, ProTalent Pty Ltd also offers registered users free use of ProTalent Pty Ltd sub-domains (i.e. username.protalentsite.com ("ProTalent Pty Ltd Subdomain") on the terms set forth herein for the sole purpose of hosting their websites. ProTalent Pty Ltd retains all rights to and over any ProTalent Pty Ltd Subdomains and has the right to revoke or suspend the use of any sub-domain at any time without reason.

You agree that all such ProTalent Pty Ltd Subdomains are owned by ProTalent Pty Ltd, are nontransferable and that ProTalent Pty Ltd may for any reason, or for no reason, in its sole discretion and without notice or liability to you or any third party, immediately terminate or suspend your account, username, and ProTalent Pty Ltd Subdomain, and remove or discard any content associated with your account and username.

Links to Third Party Sites

The Site, the ProTalent Pty Ltd Systems and User Sites (including under ProTalent Pty LtdSubdomains) may contain links to third party web sites, including links to User Sites, third party text, video feeds (including YouTube & Podcasts), offers, and software applications (including widgets) (collectively referred to as "Linked Sites"). The Linked Sites and third parties are not under the control of and/or owned by ProTalent Pty Ltd and ProTalent Pty Ltd is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ProTalent Pty Ltd is not responsible for webcasting or any other form of transmission received from any Linked Site. The Linked Sites are the property of the respective third party and may be protected by applicable copyright or other intellectual property laws and treaties. ProTalent Pty Ltd is providing these links to you only as a convenience and does not approve and assumes no responsibility for the content, security, functionality, or practices of these third parties. The inclusion of any link does not imply endorsement by ProTalent Pty Ltd of the site or any association with its operators. You acknowledge and agree that ProTalent Pty Ltd may disable your use of or remove any third party linked sites on ProTalent Pty Ltd or a ProTalent Pty Ltd Subdomain to the extent that they violate these Terms.

 Similarly, the ProTalent Pty Ltd Systems may rely on external components provided by a third party to provide some level of functionality. This functionality may make a particular feature of the ProTalent Pty Ltd Systems dependent on the external component; or the ProTalent Pty Ltd Systems may be completely dependent on the external component for operation. In any case, ProTalent Pty Ltd makes no warranties, claims, or provision for any third party components.

 You are responsible for making any and all appropriate licensing arrangements with any third party external component providers that are represented on your ProTalent Pty Ltd Subdomain.

User Conduct

You agree that you are responsible for your own use of the Site, the Services and the ProTalent Pty Ltd Systems, for any User Sites you create or operate, for any posts you make and for any consequences thereof. You agree that you will use the Site, the Services and ProTalent Pty Ltd Systems and create and operate any User Sites in compliance with the rules set forth in these Terms (including without limitation the Content Policy set forth below), and all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all export control laws.

 As a condition of your use of the Site, the ProTalent Pty Ltd Systems, and the Services, you warrant to ProTalent Pty Ltd that you will not use the site, the ProTalent Pty Ltd Systems or the User Sites you create for any purpose that is unlawful, deceptive or otherwise prohibited by these Terms. You may not use the Site, ProTalent Pty Ltd Systems or the User Sites you create in any manner that could damage, disable, overburden, or impair the Site or the ProTalent Pty Ltd Systems or interfere with any other party's use and enjoyment of the Site or the ProTalent Pty Ltd Systems. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site or the ProTalent Pty Ltd Systems.

 The Site or any User Sites you create may contain bulletin board services, chat areas, news groups, forums, communities, personal and commercial web pages, calendars, podcasts, and/or other message or communication facilities designed to enable you or others to communicate with the public at large or with a group (collectively, "Interactive Services"), you agree to use the Interactive Services only to post, send and receive messages and material that are appropriate and related to the particular Interactive Service and in accordance with the ProTalent Pty Ltd Content Policy and these Terms and applicable law.

 Much of the Interactive Services found on the Site and in User Sites is provided by, and is the responsibility of, the person or people who made the postings. ProTalent Pty Ltd does not routinely monitor the Interactive Services or any User Sites and takes no responsibility for such content (including, without limitation, any viruses or other disabling features). ProTalent Pty Ltd merely provides access to and hosts such content as a service to its customers. ProTalent Pty Ltd does not endorse, support, represent or guarantee the truthfulness, accuracy, functionality, security, legality, quality or reliability of any communications or content posted via the Site or User Sites or endorse any opinions expressed via the Sites or any User Sites ProTalent Pty Ltd Systems. You acknowledge that any reliance on material posted via the Service will be at your own risk.

 Although ProTalent Pty Ltd is not obligated and does not routinely screen or monitor any user content or messages or any User Sites, it reserves the right at all times to do so and to remove, block access to or refuse to post, display or distribute any content or materials or any User Site for any reason or for no reason in its sole discretion. ProTalent Pty Ltd reserves the right to terminate your access to the Site, the User Sites and any or all of the Interactive Services, and to remove or disable access to any User Sites or user content, at any time without notice for any reason whatsoever (or for no reason).

 ProTalent Pty Ltd reserves the right at all times to disclose any information as necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms, (c) detect, prevent or otherwise address fraud, security or technical issues, (d) reply to user support requests or (e) protect the rights, property or safety of ProTalent Pty Ltd, its users and the public.

 Always use caution when giving out any personally identifying information about yourself or your children in any Interactive Service or on any User Site. Personal information provided in connection with any User Site is collected by the third party operating such User Site, and not ProTalent Pty Ltd. The ProTalent Pty Ltd Privacy Policy does not apply to, and we are not responsible in any manner for, any information you provide to third parties in connection with User Sites or how the third parties who operate such User Sites may use the personal information you provide to them. Such information is subject to the privacy practices of such User Site, and we encourage you to become familiar with their privacy practices before disclosing information directly to them. ProTalent Pty Ltd does not control or endorse the content, messages or information found in any Interactive Service or User Site and, therefore, ProTalent Pty Ltd specifically disclaims any liability with regard to the Interactive Services and any actions resulting from your participation in any Interactive Service or your use of any User Site. Managers and hosts are not authorized ProTalent Pty Ltd spokespersons, and their views do not necessarily reflect those of ProTalent Pty Ltd.

Content Policy

ProTalent Pty Ltd respects your rights and does not wish to censor any text, images, data, information, photos, music video, graphics, messages or other items or materials ("Content") contains you may post on the Site or in any User Sites. However in order to allow the continued posting of a wide variety of content, ProTalent Pty Ltd has established rules that certain types of content are not to be hosted by ProTalent Pty Ltd and/or created using the ProTalent Pty LtdSystems as set forth in this policy (the "Content Policy"). Please note that these rules do not create any third party rights or create any private right of action, but may be enforced solely by ProTalent Pty Ltd in its sole discretion. The decision by ProTalent Pty Ltd not to take action to enforce these rules in a particular instance shall not be considered a waiver of any right to do so in the future or in other situations.

By using the Service, you agree that:

You may not upload, publish, post, distribute or disseminate any material that defames, abuses, harasses, stalks, threatens or otherwise violates the legal rights (such as rights of privacy and publicity) of others. You may not upload, publish, post, distribute or disseminate any content that is otherwise deemed as pornographic and/or obscene by ProTalent Pty Ltd. This includes but is not limited to commercial pornography, pedophilia, incest, bestiality, child pornography, or anything similar that violates any applicable laws. ProTalent Pty Ltd will report any evidence of child pornography along with all known user identification and information to the relevant law enforcement agencies. Users may not use the ProTalent Pty Ltd Systems to create sites containing content, such as pornography or violence, that is not generally thought to be appropriate for viewing by children ("Adult Content") nor may they use ProTalent Pty Ltd, the Service and/or the ProTalent Pty Ltd Subdomains for hosting and/or distributing and/or publishing Adult Content, including the use of the service for Escort or Prostitution Services. You may not upload, publish, post, distribute or disseminate any material that promotes hatred towards groups based on race or ethnic origin, religion, disability, gender, age, and sexual orientation/gender identity. You may not upload, publish, post, distribute or disseminate any material that constitutes a direct threat of violence against any person or group of people. You may not upload, publish, post, distribute or disseminate any material that impersonates or is intended to impersonate others in a manner that is intended to mislead or does mislead or confuse others. You may not upload, publish, post, distribute or disseminate any third party files and or content that contain material, in any form, protected by intellectual property laws (or by rights of privacy and/or publicity) unless you own or control the rights thereto or have received all necessary consents. You may not post private individual or company information without the expressed permission of such parties. You may not knowingly violate the intellectual property rights of a third party on any user site. You may not upload, publish, post, distribute or disseminate any files that contain viruses, malware, malicious codes, corrupted files, or any other similar software or programs that may damage the operation of another's computer. You may not use the ProTalent Pty Ltd Systems for the transmission of spam and/or any type of viral marketing, pyramid scheme and/or phishing scheme. You may not use affiliate links to third party sellers who have not approved you into their affiliate programs. You may not download, upload, publish, post, distribute or disseminate any file posted by another user of the ProTalent Pty Ltd Systems and Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner. You may not falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other content contained in a file that is uploaded, downloaded, published, posted, distributed or disseminated using the ProTalent Pty Ltd Systems. You may not use the ProTalent Pty Ltd Systems to harvest or otherwise collect information about others, including e-mail addresses, without their consent. You may not upload, publish, post, distribute or disseminate any unauthorized private, confidential and personal information about others. You may not upload, publish, post, distribute or disseminate any material that is used for unlawful purposes or for the promotion of dangerous and illegal activities. ProTalent Pty Ltd takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is ProTalent Pty Ltd liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, profanity or offensive Content you may encounter on the Site or in any User Sites. Your use of Interactive Areas and any User Sites is at your own risk. As a provider of interactive services, ProTalent Pty Ltd is not liable for any statements, representations or Content provided by its users or other third parties. Although ProTalent Pty Ltd has no obligation to screen, edit or monitor any of the Content posted by third parties, ProTalent Pty Ltd reserves the right, and has absolute discretion, to remove, screen or edit any Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense. Violation of any part of the Content Policy may lead to immediate termination or suspension of your account and/or deletion of your Content and/or you may be reported to the appropriate authorities with or without notice to you.

Use and Storage

For media limits and pricing details refer to ProTalentSites.com or the My Account section in the ProTalent Editor. You agree that ProTalent Pty Ltd has no responsibility or liability for the deletion of or the failure to store or to transmit any Content or Interactive Service maintained by ProTalent Pty Ltd and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.

General Payments

You are responsible for paying all fees and applicable taxes associated with the ProTalent Pty LtdServices in a timely manner with a valid payment method. You authorize ProTalent Pty Ltd to charge your credit card, charge card, debit card, PayPal, or financial institution account (herein "Payment Method") for all charges to your accounts with ProTalent Pty Ltd. Your Payment Method will be charged the current fee for the ProTalent Pty Ltd Service you choose on the date that you click on the "Purchase" button in the ordering process. Our offerings include Premium & Upgrade Services payable by recurring payments. You agree that ProTalent Pty Ltd may automatically charge the fee to your Payment Method at the beginning of each recurring period. For example, if you choose a Premium Service with a monthly plan, you will be billed every month on the anniversary date of the date you clicked the "Purchase" button. Additionally, we may offer a pre-pay payment option for payment of Premium Services ("Pre-Payment Plan"). If you opt for Pre-Payment plan, your Payment Method will be charged the then-current fee for that Premium Service at the commencement of each renewal period.

 You acknowledge and agree that any credit card and related billing and payment information that you provide to ProTalent Pty Ltd may be shared by ProTalent Pty Ltd with companies who work on ProTalent Pty Ltdbehalf, such as payment processors and/or credit agencies, solely for the purpose of checking credit, effecting payment to ProTalent Pty Ltd and servicing your account. The terms of your payment will be based on your chosen Payment Method and may be determined by agreements between you and the financial institution providing such Payment Method. You agree to pay ProTalent Pty Ltd all charges incurred under your account for any Premium & Upgrade Service in which you or anyone else who uses your account (including children, family and friends) enroll in accordance with this Agreement and any applicable Premium Services policies. If your Payment Method fails or your account is past due, (a) you agree to pay all amounts due on your account upon demand, (b) ProTalent Pty Ltd may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us) and (c) ProTalent Pty Ltd reserves the right to either suspend or terminate your Premium Services or your account with ProTalent Pty Ltd, including deletion of your Website from ProTalentSites.com. Except as may be set forth herein, any fees charged to your account are non-refundable. You agree to submit any disputes regarding any charge to your account in writing to ProTalent Pty Ltd within thirty (30) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge. Refunds (if any) made pursuant to such dispute, are at the discretion of ProTalent Pty Ltd.

Taxes

You are responsible for paying any governmental taxes imposed on your use of ProTalent Pty Ltd, including, but not limited to, sales, use, or value added taxes. If requested, you will promptly furnish to ProTalent Pty Ltd the applicable receipts and/or certificates regarding such remittances as soon as reasonably practicable. To the extent that ProTalent Pty Ltd is obligated to collect such taxes, the applicable tax will be added to your billing account.

Domain Terms

By purchasing a domains(s), you become the legal owner of the domain name. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you agree to pay all such taxes, levies, or duties. We will make reasonable efforts to contact you before your registration period expires and provide you with the option to renew your domain registration. If we are unable to contact you using the information you provide, ProTalent Pty Ltd shall not be liable for loss of the domain. ProTalent Pty Ltd reserves the right to change its prices at any time. You cannot return or exchange your domain, all sales are final.

eCommerce

ProTalent Pty Ltd offers its members the ability to sell products and services online via its proprietary eCommerce (eShop) solution. It remains the sole responsibility of the individual ProTalent Pty Ltd member to manage the products / services offered from their online store. Any dispute arising from the provision of products / services by a member to an external individual / third party through the ProTalent Pty Ltd eCommerce solution exists solely between the member and the individual / third party. In no way does ProTalent Pty Ltd accept any liability or responsibility for damages or losses incurred through the provision of products and services using the ProTalent Pty Ltd eCommerce platform. ProTalent Pty Ltd not permit the selling of dangerous or unlawful products and/or services via its eCommerce solution and reserves the right to take down individual products/services, eCommerce facilities and/or terminate a members' ProTalent Site without prior notice if found to be in breach of these terms.

Monitoring Privacy

ProTalent Pty Ltd reserves the right, but is not obligated, to monitor the use of its servers and related content within user accounts, whether published or unpublished, in the interests of security. You acknowledge that you have no expectation of privacy with respect to any such communications or postings, and you expressly consent to such monitoring. For information as to how we collect and use personal information we collect on this Site, please see our Privacy Policy. By using the ProTalent Pty Ltd Systems and/or the ProTalent Pty Ltd Website, you consent to any transfer of personal information, collected by ProTalent Pty Ltd, outside your country for the purposes of storing the information where ProTalent Pty Ltd and/or its agents maintain their facilities. You are responsible for protecting and enforcing your rights in and to any Submissions. No compensation will be paid with respect to the use of your Submission, as provided herein. ProTalent Pty Ltd is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at the sole discretion of ProTalent Pty Ltd.

Intellectual Property Rights

You acknowledge that ProTalent Pty Ltd owns all right, title, and interest in and to the Site, the ProTalent Pty Ltd Systems and/or any content on the Site not posted by a ProTalent Pty Ltd User and/or an acknowledged third party, including all intellectual property rights (the "ProTalent Pty Ltd IP"). ProTalent Pty Ltd IP is protected by Australian, United States of America, South African and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the ProTalent Pty Ltd Website or ProTalent Pty Ltd IP. You also agree that you will not use any robot, spider, other automated device or manual process to monitor or copy any content from the ProTalent Pty Ltd Website or ProTalent Pty Ltd IP.

Indemnification

You agree to hold harmless and indemnify ProTalent Pty Ltd and its subsidiaries, affiliates, officers, agents and employees from and against any third party claim arising from or in any way related to your use of the ProTalent Pty Ltd Systems, the Service and/or ProTalent Pty Ltd Website, including any liability or expense arising from all claims, losses, damages (actual or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.

Changes to Terms

ProTalent Pty Ltd may, at its sole discretion, revise the Terms, including any changes, at any time by updating this posting, with the revised Terms taking effect for all Users as of the date stated on the posting. You waive any right you may have to receive specific notice of such changes or modifications. Consequently, Users should consult the Terms regularly. Your continued use of this Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. If you do not agree to the amended terms, you must stop using the Site.

Limited Warranty

ProTalent Pty Ltd does not warrant that the Site, the Service, the ProTalent Pty Ltd Systems or any User Sites will meet your requirements or that the operation thereof will be uninterrupted or error-free. The Site, The Services and the ProTalent Pty Ltd Systems are provided 'as is' without warranty of any kind, either expressed or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose. The entire reisk as to the quality and performance of the Site, the Service and the ProTalent Pty Ltd Systems is with you. Should any of the foregoing prove defective, you (and not ProTalent Pty Ltd, its parent, subsidiaries, affiliates or licensors) assume the entire cost of all necessary servicing, repair or correct.

Liability Disclaimer

The information, content, software, products and services included in or available though the Site and Services may include inaccuracies or typographical errors. Changes are periodically added to the information herein. ProTalent Pty Ltd and/or its suppliers may make improvements and/or changes in the Site at any time. Advice received via the Site or any User Site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. ProTalent Pty Ltd and/or its suppliers make no representations about the sustainability, reliability, availability, timeliness, safety and accuracy of the information, software, products, services and related graphics contained on the Site, User Sites or accessed through the Services for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided 'as is' without warranty or condition of any kind. ProTalent Pty Ltd and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by applicable law, in no event should ProTalent Pty Ltd and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever. This includes,  without limitation, damages for loss of use, data or profits, arising out of or in any way connected with: the use or performance of the site, the services or the ProTalent Pty Ltd systems; the delay or inability to use the Site, the Services or the ProTalent Pty Ltd Systems; the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained

Through the Site or Services, or otherwise arising out of the use of the Site or Services, whether based on contract, tort, negligence, strict liability or otherwise, even if ProTalent Pty Ltd or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. If you are dissatisfied with any portion of the Site, Servies or the ProTalent Pty Ltd Systems, or with any of the Terms of Use, your sole and exclusive remedy is to discontinue using the Site, the Services and the ProTalent Pty Ltd Systems.

Service Contact

Please all support enquiries via www.protalentsites.com/customersupport.aspx.

Our support center operates 9am - 6pm Monday to Friday AEST. We endeavour to reply support requests within 48 hours and guarantee a response within 5 business days of your request being made.

Termination/Access Restriction

ProTalent Pty Ltd reserves the right, in its sole discretion, to terminate your account and your access to the Site, the ProTalent Pty Ltd Systems and the Services, or any portion thereof, and to remove or block access to any User Site or any User Content at any time without notice for any reason (including without limitation for unacceptable Content or for any violation of these Terms) or for no reason.

Consent to Disclose Information

You acknowledge, consent and agree that ProTalent Pty Ltd may access, preserve and disclose your account information (including your name and contact information) and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary or appropriate to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of ProTalent Pty Ltd, its users and the public. Please see our Privacy Policy for more information on how we may use and disclose your account information.

Governing Law and Jurisdiction

To the maximum extent permitted by law, this agreement is governed by the laws of the state of Victoria, Australia, and you hereby consent to the laws of this state, being the exclusive jurisdiction and venue of courts in all disputes arising out of or relating to the use of the ProTalent Pty Ltd Systems, the Site or the Service. Use of the ProTalent Pty Ltd Systems, the Site or the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ProTalent Pty Ltd as a result of this agreement or use of the ProTalent Pty Ltd Systems. The performance of ProTalent Pty Ltd per this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the right to comply by ProTalent Pty Ltd with governmental, court and law enforcement requests or requirements relating to your use of the ProTalent Pty Ltd Systems or information provided to or gathered by ProTalent Pty Ltd with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ProTalent Pty Ltd with respect to the ProTalent Pty Ltd Systems and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ProTalent Pty Ltd with respect to the ProTalent Pty Ltd Systems. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

Copyright

All Content and other material on the Site and the ProTalent Pty Ltd Systems are the proprietary property of ProTalent Pty Ltd or its licensors or users and are protected by Australian and international copyright laws. All rights not expressly granted in these terms are expressly reserved.

Trademark

ProTalent Pty Ltd, the ProTalent Pty Ltd logo, and any other product or service name or slogan contained in the Site are trademarks of ProTalent Pty Ltd and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of ProTalent Pty Ltd or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "ProTalent Pty Ltd", or any other name, trademark or product or service name of ProTalent Pty Ltd without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of ProTalent Pty Ltd and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by ProTalent Pty Ltd.

Notices & Procedure for Making Claims of Copyright Infringement

If you believe that anything on the Site or the Service infringes upon any copyright which you own or control, you may file a notification of such infringement via www.protalentsites.com/customersupport.aspx. You must also send: a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted; A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records. ProTalent Pty Ltd has adopted a policy of terminating, in appropriate circumstances and at the sole discretion of ProTalent Pty Ltd, subscribers or account holders who are deemed to be repeat infringers. ProTalent Pty Ltd may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Registration Data; Account Security

In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to ProTalent Pty Ltd, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to ProTalent Pty Ltd.

 

ProTalent Pty Ltd
ABN: 90 603 333 071
Ph: +61 3 9020 5654
Shop 5, 9 Yarra Street
South Yarra, VIC, Australia 3141