Website use agreement for Ercildoune website

This version in effect since 20th August 2007

This agreement governs your use of the ercildoune.com.au website and the content, information and services provided through the website. It exempts Ercildoune pty ltd and other persons from liability or limits their liability and contains other important provisions that you should read. Each time you use the website, this agreement as it then reads will govern your use. Accordingly, when you use the website you should check the date of this agreement (which appears at the top of this agreement) and review any changes since the last version.

This agreement contains the following provisions:

1. Your acceptance of this agreement
2. The scope of this agreement
3. Changes to this agreement
4. Permission to use the website
5. website communications and orders
6. Errors
7. No advice
8. Disclaimer, liability exclusion, liability limitation, release and indemnity
9. Ownership and permitted uses of the website
10. Trademark information
11. Personal information privacy
12. Other sites
13. Linking, framing, mirroring, scraping and data-mining the website
14. Termination of this agreement and the website
15. Governing law and dispute resolution
16. Other matters

1. Your acceptance of this agreement

This is an agreement between you and all persons you represent (and for purposes of this agreement, “Person” includes natural persons and any type of incorporated or unincorporated entity) and Ercildoune pty ltd (“Ercildoune”), and governs your use of the ercildoune.com.au website and the content, information and services provided through the ercildoune.com.au website (collectively the “website”). This agreement also provides benefits to Ercildoune’s affiliates, service providers, suppliers and sub-contractors, including various Ercildoune businesses around the world (collectively “Affiliates and providers”).

Each time you use the website you signify your acceptance and agreement, and the acceptance and agreement of all persons you represent, without limitation or qualification, to be bound by this agreement, and you represent and warrant that you have the legal authority to agree to and accept this agreement on behalf of yourself and all persons you represent. If you do not agree with each provision of this agreement, or you are not authorized to agree to and accept this agreement, you may not use the website.

2. The scope of this agreement

This agreement is in addition to and supplements any written agreements that you or any persons you represent have with Ercildoune or affiliates and providers (now or in the future) concerning your dealings with Ercildoune or affiliates and providers generally.

This agreement and all other agreements that you or any persons you represent have with Ercildoune or affiliates and providers (now or in the future) together constitute the entire agreement regarding your access to and use of the website, and supersede all previous agreements (written, oral or otherwise) regarding your access to and use of the website. In the event of any inconsistency or conflict between the provisions of this agreement and the provisions of any other agreement that you or any persons you represent have with Ercildoune or affiliates and providers (now or in the future), the provisions of this agreement shall govern regarding your access to and use of the website.

3. Changes to this agreement

Ercildoune may, in its discretion, change, supplement or amend this agreement as it relates to your future use of the website from time to time, for any reason, and without any prior notice or liability to you or any other person. You may not change, supplement, or amend this agreement in any manner.

4. Permission to use the website

The website may be accessed and used only by individuals who have: (a) reached the age of majority in their jurisdiction of residence and can form legally binding contracts under applicable law; and (b) accepted this agreement. Persons using the website must comply with all applicable laws. Ercildoune may in its discretion refuse permission to access and use the website.

5. Website communications and orders

The website is a portal and information conduit to other websites and businesses operated by affiliates and providers. Affiliates and providers may be independent from Ercildoune, their websites may have different or inconsistent terms of use or privacy policies, and their services may be provided under different terms and conditions. Your dealings with affiliates and providers and use of their websites are at your own risk, and you shall not make any claim against Ercildoune arising out of those matters. As between you and Ercildoune, the provisions of this agreement under the section headed disclaimer, liability exclusion, liability limitation, release and Indemnity apply, with all necessary modifications, to your dealings with any affiliates and providers and use of their websites.

By activating certain links, including order-related links, you may be automatically connected with websites operated by affiliates and providers. If you use the website to initiate communication regarding your staffing needs, the information you submit may be disclosed to, and processed and responded by, affiliates and providers. All communications you submit through the website or email must be true, accurate and complete. Ercildoune and affiliates and providers will rely upon the truth, accuracy and completeness of the communications you submit through the website. If you submit any incorrect or incomplete communications, or if any communications are damaged or distorted during transmission to Ercildoune, you and all persons you represent will be liable for any loss, damage or additional costs that you, Ercildoune, affiliates and providers, or other persons may incur as a result.

You authorize Ercildoune and affiliates and providers to: (a) accept communications that they receive from you by means of the website or email as if those communications had been given directly by you in writing and signed by you; (b) disclose your communications to any affiliates and providers, and Ercildoune workers by means of the website, email or other communications; and (c) respond to your communications by means of internet communications, email or other communications. Communications you send to Ercildoune by means of the website or email are not effective unless and until they are processed by the responsible Ercildoune representative.

Ercildoune may refuse to process any communications sent to Ercildoune by means of the website or email, or may reverse the processing of any communications sent to Ercildoune by means of the website or email, at any time in Ercildoune’s discretion, and without any notice or liability to you or any other person, including, without limitation, if: (a) Ercildoune cannot process the communications; (b) the communications violate any provision in this agreement or any other agreement that you or any other person may have with Ercildoune; (c) Ercildoune considers that the communications conflict with any other instructions or agreements with you or any person you represent; or (d) there is an operational failure or malfunction in connection with the transmission of the communications.

6. Errors

Ercildoune endeavours to provide accurate information through the website. Nevertheless, errors may occur. Accordingly, Ercildoune reserves the right to change other information available through the website at any time and from time to time without any notice or liability to you or any other person.

7. No advice

The website is not intended to be a comprehensive or detailed statement concerning the matters addressed; investment, tax, banking, accounting, legal, or other professional or expert advice or recommendations; or an offer or recommendation to sell or buy any stock, bond or other financial instrument or any product or service. You should seek appropriate, qualified professional advice and recommendations before acting or omitting to act based upon any information provided on or through the website.

8. Disclaimer, liability exclusion, liability limitation, release and indemnity

Ercildoune and affiliates and providers do not accept any liability for your use of the website. For that reason, the following provisions apply to your use of the website.

Disclaimer

Your use of the website is at your own risk. The website is provided on an “As is” and “As available” basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation representations, warranties or conditions of title, non-infringement, merchantability, fitness for a particular purpose, performance, durability, availability, timeliness, accuracy or completeness, all of which are hereby disclaimed by Ercildoune and the affiliates and providers to the fullest extent permitted by law. There will not be any representations, warranties or conditions created by a course of dealing, course of performance or trade usage. You are solely responsible for obtaining, configuring and maintaining all computer hardware, software, telephone services, and other equipment and services necessary for you to use the website.

The internet is not a secure medium, may be subject to interruption and disruption, and inadvertent or deliberate breaches of security and privacy. The operation of the website may be affected by numerous factors beyond Ercildoune’s control. The operation of the website may not be continuous or uninterrupted, secure or private.

Ercildoune and the affiliates and providers will not be liable to you or any other person for any loss or damages suffered by you or any other person as a result of any failure or refusal by Ercildoune to give effect to, or for any failure or delay by Ercildoune in receiving, accessing, processing or accepting, any communication sent to Ercildoune by means of the website or email, or for any loss or damages suffered as a result of the operational failure, malfunction, interruption, change, amendment or withdrawal of the website or email services.

Without limiting the generality of the foregoing, Ercildoune and the affiliates and providers make no representation, warranty or condition that: (a) the website will be compatible with your computer and related equipment and software; (b) the website will be available or will function without interruption or will be free of errors or that any errors will be corrected; (c) the website will meet your requirements; (d) the information contained in the website or derived from the website will be accurate, complete, sequential, or timely; (e) certain or any results may be obtained through the use of the website; (f) the use of the website, including the browsing and downloading of any information, will be free of viruses, trojan horses, worms or other destructive or disruptive components; or (g) the use of the website will not infringe the rights (including intellectual property rights) of any person; and Ercildoune and the affiliates and providers disclaim any and all liability regarding such matters to the fullest extent permitted by law.

Liability exclusion

Ercildoune and the affiliates and providers will not under any circumstances be liable to you or any other person for any loss of use, loss of production, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, special, incidental, indirect or consequential loss or damage or exemplary or punitive damages, whether in contract, tort, negligence, strict liability, or under any other theory of law or equity, arising from, connected with, or relating to the use of the website by you or any other person, and regardless of any negligence or other fault or wrongdoing by Ercildoune or any affiliate or provider or any person for whom Ercildoune or an affiliate or provider may be responsible, and notwithstanding that Ercildoune or any affiliate or provider may have been advised of the possibility of such loss or damages being incurred by you or any other person.

The exclusion of certain warranties and the exclusion of certain liabilities are prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.

Liability limitation without limiting the foregoing, in no event will Ercildoune or any of the affiliates and providers’ total liability to you or any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort, negligence, strict liability, or under any other theory of law or equity, and regardless of any negligence or other fault or wrongdoing by Ercildoune or any affiliate or provider or any person for whom Ercildoune or any affiliate or provider is responsible, exceed $100 (AU) or the amount you paid to Ercildoune for the use of the website, whichever is less.

The limitation of certain liabilities is prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.

Release

You hereby release, remise and forever discharge each of Ercildoune and the affiliates and providers and all of their respective franchisees, partners, agents, directors, officers, employees, information providers, service providers, suppliers, subcontractors, licensors and licensees, and all other related, associated, or connected persons from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature and kind whatsoever and howsoever arising, whether known or unknown, which now or hereafter exist, which arise from, relate to, or are connected with your use of the website.

Indemnity

You agree to indemnify, defend and hold harmless each of Ercildoune and the affiliates and providers and all of their respective franchisees, partners, agents, directors, officers, employees, information providers, service providers, suppliers, subcontractors, licensors and licensees, and all other related, associated, or connected persons (collectively, the “Indemnified Parties”) harmless from and against any and all liabilities, expenses and costs, including without limitation reasonable legal fees and expenses, incurred by the indemnified parties in connection with any claim or demand arising out of, related to, or connected with your use of the website or your breach of this agreement. You will assist and cooperate as fully as reasonably required by the indemnified parties in the defence of any claim or demand. Advice and information provided by Ercildoune or the affiliates and providers or their respective representatives, whether oral or written, will not create any representation, warranty or condition or vary or amend this agreement, including the above disclaimer, liability exclusion, liability limitation, release and indemnity provisions, and you may not rely upon any such advice or information.

Fair allocation of risk and liability.

Your acknowledge and agree this agreement represents a fair allocation of risk and liability.

9. Ownership and permitted uses of the website

Copyright © Ercildoune pty ltd 2007. All rights reserved. The website and all information (in text, graphical, video and audio forms), images, icons, software, designs, applications, calculators, models, data, and other elements available on or through the website are the property of Ercildoune, affiliates and providers and others, and are protected by united states and international copyright, trademark, and other laws. Your use of the website does not transfer to you any ownership or other rights in the website or its content.

The website may only be used in the manner described expressly in this agreement. In particular, except as expressly stated otherwise in this agreement, the website may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Ercildoune.

The website may be used only for lawful purposes. The website may be accessed and used only using commercially available, ssl-capable web browser software.

10. Trademark information

Ercildoune®, ercildoune.com.au, the Ercildoune logo, and other marks and logos appearing on the website are registered and unregistered trademarks, trade names and service marks owned or licensed by Ercildoune. Other product and company names and logos appearing on the website may be registered or unregistered trade names, trademarks and service marks of their respective owners.

Any use of the trade names, trademarks, service marks and logos (collectively “Marks”) displayed on the website is strictly prohibited. Nothing appearing on the website or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any marks displayed on the website.

11. Personal information privacy

Ercildoune collects, uses and discloses information regarding your use of the website and your personal information in accordance with the privacy policy, which is available by clicking here. Ercildoune may change the privacy policy from time to time in its discretion without prior notice or liability to you or any other person. By accepting this agreement, and each time you use the website, you consent to Ercildoune’s collection, use and disclosure of your personal information in accordance with the privacy policy as it then reads without any further notice or any liability to you or any other person.

12. Other sites

The website includes links to other websites or resources and businesses operated by affiliates and providers or other persons (collectively, “Other sites”). Other sites are independent from Ercildoune, may have different or inconsistent privacy policies or terms of use, and Ercildoune has no responsibility or liability for or control over other sites, their business, goods, services, or content. Links to other sites are provided solely for your convenience. Ercildoune does not sponsor or endorse any other sites or their content or the goods or services available through those other sites. Your use of other sites and your dealings with the owners or operators of other sites is at your own risk, and you shall not make any claim against Ercildoune arising out of your use of any other sites or your dealings with the owners or operators of any other sites. As between you and Ercildoune, the provisions of this agreement under the section headed disclaimer, liability exclusion, liability limitation, release and Indemnity apply, with all necessary modifications, to your access to and use of any other sites and their business, goods, services, and content.

13. Linking, framing, mirroring, scraping and data-mining the website

Links to the website without the express written permission of Ercildoune are strictly prohibited. The framing, mirroring, scraping or data mining of the website or any of its content in any form and by any method are strictly prohibited.

14. Termination of this agreement and the website

If you breach any provision of this agreement, you may no longer use the website.

Ercildoune may, at any time and for any reason and in its discretion: (a) change, suspend or terminate, temporarily or permanently, the website or any part of it; or (b) restrict, suspend or terminate (in whole or in part) your permission to access or use the website; all without any notice or liability to you or any other person. If this agreement or your permission to access or use the website is terminated by you, or by a person you represent, or by Ercildoune, then: (a) this agreement and all other then existing agreements between Ercildoune and any persons you represent will continue to apply and be binding upon you and any persons you represent, jointly and severally, regarding your prior access to and use of the website, and anything connected with, relating to or arising therefrom; and (b) Ercildoune may continue to use and disclose your personal information in accordance with the website privacy policy as amended from time to time.

15. Governing law and dispute resolution

The website is controlled by Ercildoune from Sydney, New South Wales, Australia. This agreement, your use of the website, and all related matters are governed solely by the laws of the state of new south wales and applicable federal laws of Australia, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws.

Any controversy or claim arising out of or relating to this agreement, or the breach thereof, shall be settled by arbitration administered by the Australian arbitration association under its commercial arbitration rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration will be before a single arbitrator. The place of arbitration will be Sydney, New South Wales, Australia. Notwithstanding the foregoing, you or Ercildoune may seek injunctive relief from an appropriate court located in Sydney, new south wales prior to or during the arbitration.

Any claim or cause of action you may have arising from, connected with, or relating to your use of the website, this agreement, or any related matters must be commenced within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.

16. Other matters

If any provision of this agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this agreement and shall not affect the validity and enforceability of any remaining provisions.

Notwithstanding anything herein to the contrary, the following provisions of this agreement, and all other provisions necessary for their interpretation or enforcement, will survive indefinitely after the termination of this agreement and remain in full force and effect and be binding upon the parties as applicable: 8 (disclaimer, liability exclusion, liability limitation, release, and indemnity); 9 (ownership and permitted uses of the website); 11 (personal information privacy); 12 (other sites); 14 (termination); 15 (governing law and dispute resolution); and 16 (other matters). The provisions of this agreement will inure to the benefit of and be binding upon each of Ercildoune and affiliates and providers and each of their respective successors and assigns and related persons, and you and your heirs, executors, administrators, successors, and personal representatives, and all persons you represent and their respective successors, assigns and related persons. You and the persons you represent may not assign this agreement or the rights and obligations under this agreement without the express prior written consent of Ercildoune, which may be withheld in Ercildoune’s discretion. Ercildoune may assign this agreement and its rights and obligations under this agreement without your consent or the consent of any persons you represent.

No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by all parties.

You and any persons you represent (on the one hand) and Ercildoune and affiliates and providers (on the other hand) are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this agreement or your use of the website.

The parties have expressly requested and required that this agreement and all other related documents be drawn up in the English language.

Any rights not expressly granted by this agreement are reserved to Ercildoune.

This agreement is subject to change without notice.