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Terms of Use
Introduction
This site is owned and operated by MYPROFILE PTY LTD (“Myprofile”). All
software used on this Site and all Content included on the Site
(including without limitation Site design, text, graphics, audio and
video and the selection and arrangement thereof) is the property of
MYPROFILE or its suppliers and is protected by international copyright
laws.
JOBPROFILE is a registered trademark and product of MYPROFILE PTY LTD (ACN
097 530 428). Please read these carefully. If you do not accept these
Terms and Conditions do not use JOBPROFILE or any other MYPROFILE
product. By proceeding with an assessment you acknowledge that you have
agreed to these Terms. MYPROFILE may update these Terms from time to
time and you should review this page regularly.
Copyright and Trademarks
All copyright, trade marks, design rights, patents and other
intellectual property rights (registered and unregistered) in and on
www.jobprofile.com.au
and www.myprofile.com.au
and all content located on the sites shall remain vested in MYPROFILE
PTY LTD or its licensors (which includes other users).
You may not copy, reproduce, republish, disassemble, decompile, reverse
engineer, download, post, broadcast, transmit, make available to the
public, or otherwise use JOBPROFILE content in any way. You also agree
not to adapt, alter or create a derivative work from any JOBPROFILE
content. Any other use of JOBPROFILE content requires the prior written
permission of MYPROFILE PTY LTD.
Links to our websites
You may link from your site to our sites, provided that it is clearly
indicated on your site that the content being accessed is the property
of MYPROFILE. These links must not be for financial gain and you may not
collect personal data from these links. You may not reproduce any
content from our website onto your website and all links must link
directly to the MYPROFILE websites for downloads and information.
Links to other sites
Links may be provided on MYPROFILE websites from time to time to other
websites for the convenience of users. The inclusion of these links does
not in any way imply endorsement by MYPROFILE. These other sites will
have their own privacy policies and may collect or solicit personal
information. MYPROFILE policies and procedures do not apply to any
external links.
Acknowledgments
Users acknowledge that JOBPROFILE and MYPROFILE reports are based solely
on information provided by the user in response to an online
questionnaire and that MYPROFILE cannot warrant the accuracy or
truthfulness of the user’s response. MYPROFILE reports are intended to
provide general behavioural information regarding the user’s personality
and work style preferences.
Limitation of Liability and Indemnity
MYPROFILE, its Directors, Associates, Consultants, Staff or Clients are
not liable for any direct, indirect, punitive, incidental, special,
consequential damages or any damages whatsoever including and without
limitation, any damages arising out of, or in anyway connected with, the
use or performance of the JOBPROFILE and MYPROFILE Reports or analysis
of the user or any impact of any comments or analysis in respect of any
decision of any person to employ, continue to employ or offer employment
to, the user or otherwise, arising out of the use of the MYPROFILE
Program.
In no event shall MYPROFILE, its officers, employees, partners and
agents be liable to you for any damages or claim for lost profits or
income, failure to secure or maintain employment, loss or depletion of
goodwill or loss of opportunity, emotional stress and suffering, or
damages resulting from lost data or business interruption or any
indirect or consequential loss resulting from your use, inability to
use, interruption, suspension or termination of the Web Site, online
assessment, or your reliance upon any material or report, whether based
on a breach of warranty, or contract, tort, misrepresentation or
otherwise.
Warranties
MYPROFILE does not view or retain copies of the users Reports. Reports
are sent electronically to the e-mail address specified by the user. If
the user is requested by a Client to complete a report then a copy of
the report may also be sent to the person requesting the user complete a
report.
Termination
MYPROFILE may terminate a Client agreement by giving the Client 30 days
notice in writing by email to this effect. Clients wishing to terminate
their agreement with MYPROFILE must give 30 days notice in writing by
email.
Fees
Fees are set by MYPROFILE and include Goods and Services Tax (GST) where
applicable. MYPROFILE reserves the right to set fees as may be
determined by the company and to advise Clients by notifying them in
writing by email 30 days in advance of any variation.
Web Site
MYPROFILE uses all reasonable efforts to ensure the contents of its Web
Site are accurate and up to date and that the Web Site is available 24
hours a day. However, the information may contain inaccuracies or
typographical errors, and MYPROFILE makes no representations about the
accuracy, reliability, completeness, or timeliness of the information,
software or links. Changes are periodically made to the Web Site and may
be made at any time. The Web Site may be unavailable or access may be
interrupted from time to time due to technical failure. MYPROFILE does
not warrant that this Web Site and its server are free of computer
viruses, infection, worms and Trojan horses and other harmful codes or
properties. If your use of the Web Site or the information results in
the need for servicing or replacing equipment or data, MYPROFILE is not
responsible for those costs.
Under no circumstances shall MYPROFILE be held liable for any delay or
failure in performance resulting directly or indirectly from acts of
nature, forces, or causes beyond its reasonable control, including
without limitation, incorrect email addresses, internet failures,
computer equipment failures, telecommunication equipment failures, other
equipment failures, electrical power failures, orders of domestic or
foreign courts or tribunals, or non-performance of third parties.
Jurisdiction
This Agreement is governed by and construed in accordance with the laws
of New South Wales, Australia and the Parties agree to submit to the
exclusive jurisdiction of the courts of New South Wales, Australia. Any
legal matter arising will commence and conclude within the jurisdiction
of the NSW Courts.
Privacy Statement
MYPROFILE Pty Ltd and JOBPROFILE are bound by the
National Privacy Principles introduced on 21st December 2001 in an
amendment to Privacy Act 1988.
Collection
MYPROFILE and JOBPROFILE do not collect personal information from you
other than is necessary for you to complete its online behavioural
assessment report. Information collected includes, your name and email
address. Credit Card details are directly dealt with by eWay
www.eway.com.au our Credit
Card provider.
Your information will not be disclosed without your consent. If you are
using a Client Access Number to complete a Profile then a copy of your
Profile will be sent to the person who has provided you an access code.
Use & Disclosure
Profile information will only be used for the purpose for which it was
collected, that is to provide you, your employer or prospective
employer, your behavioural Profile as described in the "sample report"
available for viewing on this web site.
Data Quality
Prior to disclosure of your Profile, reasonable steps will be taken to
ensure that the information accurate and complete and up-to-date for the
purpose for which it is to be used.
Data Security
Security will be maintained to protect Profile information against
unauthorised access, alterations and accidental loss. Please be aware
that no data transmission over the Internet can be guaranteed as totally
secure. MYPROFILE Pty Ltd has contracted a national Internet service
provider, Webcentral www.webcentral.com and NetLogistics
www.netlogistics.com.au ,
to store data and provide Internet access.
Access & Collection
Should you consider that your Profile is not accurate and does not truly
represent your behavioural Profile as defined by the DPSA profiling
system then you should immediately make contact with us at:
admin@MYPROFILE.com.au
advising us of your concerns.
Identifiers
We do not use identifiers assigned by an agency or body outside of
MYPROFILE Pty Ltd.
Anonymity
In order for the Profile to be accurate and reflect your behavioural
Profile only your name and e-mail address is required.
Sensitive Information
MYPROFILE Pty Ltd does not collect sensitive information about you.
Trans-border Data Flow
MYPROFILE cannot guarantee that Profiles sent to other countries
excluding Australia will comply with this Privacy Statement.
Corporate Information
Myprofile Pty Ltd
ABN 37 097 530 428
P.O.Box 1497 Double Bay
NSW 2028 Sydney Australia
Telephone: +61 2 9389 2800
Facsimile: +61 2 9332 4699
Email: Nathan@myprofile.com.au
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