These Terms and Conditions apply to any individual who registers a user account ("the
Registered Member") in order to use the website located at www.sixfigures.com.au ("the
Site") as administered by Six Figures International Pty Ltd (ABN 57 127 043 645) ("Six
Figures") for the purposes of seeking gainful employment.
The Registered Member acknowledges that they have read and understood the Terms and
Conditions prior to registering their user account, and further agrees to be bound by the Terms
and Conditions when using the Site and its Services.
1. Services
- 1.1 Six Figures provides online recruitment advertising services ("Services") to
prospective employees and employers, dealing exclusively with employment
opportunities attracting a minimum gross salary package of AU$100,000.00.
2. Registered member
- 2.1 The Registered Member hereby agrees to use the Site for the sole purpose of
securing his or her employment.
- 2.2 The Registered Member confirms that their Curriculum Vitae (CV) and other
information uploaded to the Site are a true and accurate reflection of the
Registered Member's education, employment history and training, and that all
personal details are correct and properly attributable to the Registered Member.
- 2.3 The Registered Member confirms that their employment history and skills are
commensurate with attracting a minimum gross salary package of AU$100,000.00.
- 2.4 The Registered Member authorises Six Figures to verify that the information
uploaded to the Site, including but not limited to personal details, education,
employment history and training and salary are true and accurate.
- 2.5 The Registered Member will be responsible for notifying Six Figures of any
change in their contact details, including email address and telephone number.
- 2.6 Any change in the Registered Member's employment status will be
communicated to Six Figures by the Registered Member within fourteen (14)
days of that change.
- 2.7 The Registered Member confirms that he or she does not have a criminal record
and has the right to work legally in the country he or she has applied for employment.
3. General use of the site
- 3.1 Six Figures limits each Registered Member to one user account. The Registered
Member agrees that it will not register more than one user account for use with
the Site and its Services, or register an account on behalf of any other person,
group or entity.
- 3.2 The Registered Member agrees to maintain confidentiality in all login and
password details for their user account, and will not disclose to a third party or
otherwise misuse those details.
- 3.3 The Registered Member must not use screen scraping, data mining, robots or
other automated scripts for the purpose of collecting information from, or
otherwise interacting with, the Site.
- 3.4 Access and use of this Site is limited, non-transferable and allows for the sole
use of the Site by the Registered Member for personal, non-commercial purposes only for
the duration of the membership. The Site may not be used in connection with any commercial
endeavours such as commercial recruitment gain, except those that are specifically endorsed
or approved by the management of Six Figures. Commercial advertisements, affiliate links, and
other forms of client solicitation may be removed from Registered Members' profiles without
notice and may result in the termination of membership privileges. Appropriate legal action
will be taken by Six Figures for any illegal or unauthorised use of the Site.
- 3.4 The Registered Member will not use the Site in a manner contrary to these Terms
and Conditions, the laws of Victoria, or in any other manner that may damage,
disable, over-burden or impair the Site.
4. Uploading documents
- 4.1. The Registered Member must not upload, transmit, share, store or otherwise
make available any material to the Site in which they do not own copyright
within the meaning of the Copyright Act 1968 (Cth), including but not limited to
original artwork and video stream.
- 4.2. The Registered Member must not use the Site to upload, transmit or facilitate the
transmission of one or more unsolicited electronic messages with an Australian
link ("Spam") pursuant to the Spam Act 2003 and the Spam Regulations 2004,
including without limitation:
- 4.2.1. unsolicited or unauthorised advertising;
- 4.2.2. unsolicited promotional materials;
- 4.2.3. chain letters;
- 4.2.4. material related to pyramid or other sales schemes.
- 4.3. The Registered Member warrants that all materials it uploads, transmits, stores,
posts or otherwise makes available on the Site will be free of any software virus,
spyware or any other application that may cause damage to the Site, its Services
or material belonging to other Registered Members.
- 4.4. The Registered Member must not upload, transmit, store, post or otherwise make
available on the Site personal information belonging or attributable to any third
party pursuant to the Privacy Act 1988, including without limitation residential
addresses, residential phone numbers, personal email addresses and credit card
numbers.
- 4.5. The Registered Member must not upload, transmit, store, post or otherwise make
available on the Site any content that Six Figures deem to be harmful,
threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing,
vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful or
racially, ethnically or otherwise objectionable under any Commonwealth or State
legislation.
5. Liability
- 5.1 Six Figures will not be liable for any failure by the Registered Member to secure
employment, or any consequential loss flowing from that failure, due to any act
or omission on the part of the Registered Member, Six Figures or its partners,
directors, employees or agents.
- 5.2 Six Figures will take reasonable steps to ensure the privacy and integrity of
information provided by the Registered Member pursuant to the Privacy Act
1988.
- 5.3 Six Figures disclaims all liability to the maximum extent permitted by law for
any loss or damage beyond the reasonable control of Six Figures, or arising from
any act or omission of the Registered Member, including without limitation loss
or damage resulting from:
- 5.3.1 hardware failure;
- 5.3.2 provision or use of software;
- 5.3.3 virus, worm, spyware, automated script or other unauthorised application
capable of corrupting or otherwise altering data;
- 5.3.4 deletion, corruption, loss or removal of data;
- 5.3.5 breach of security in, or unauthorised access to, a Registered Member's
user account arising from the Registered Member's misuse of login and
password details, or disclosure of login and password details to a third
party.
- 5.4 While Advertisers are required to adhere to the Client Terms and Conditions, Six
Figures will not be liable for the accuracy of any advertisement or availability of
any specific job advertised on the Site.
- 5.5 Six Figures does not accept any liability or responsibility for the content of any
advertisements appearing on the Site. No obligations are placed on Six Figures in
this regard, and resolution of any disputes arising between the Registered
Member and third party advertisers will be the sole responsibility of the
Registered Member.
- 5.6 Six Figures provides links from the Site to websites maintained by third parties.
Six Figures does not accept any liability or responsibility for the content of any
third party websites, including without limitation the accuracy or legality of the
content and any guarantees or endorsements appearing in that content.
- 5.7 Six Figures gives no guarantee as to the availability and performance of the Site.
Accordingly, the Site is provided by Six Figures on an "as and when available" basis.
- 5.8 To the maximum extent permitted by law, the Registered Member agrees to limit
the liability of Six Figures for breach of these Terms and Conditions or any other
law or legislation to having the Services supplied again.
6. Indemnity
- 6.1 The Registered Member agrees to indemnify Six Figures and its partners,
directors, employees and agents against all claims, demands, proceedings and
other liability arising wholly or partly, directly or indirectly, from using the Site.
- 6.2 Without limiting the generality of clause 6.1, the Registered Member indemnifies
Six Figures and its partners, directors, employees and agents against any costs,
expenses, losses, damages, liability and claims suffered or incurred and arising
from the Registered Member's breach of these Terms and Conditions any
negligent or unlawful act or omission by the Registered Member in connection with the Site.
7. Right of refusal
- 7.1 Six Figures reserves the right to refuse, withdraw or require the amendment of
material uploaded to the Site that Six Figures deems unlawful, immoral,
defamatory, obscene, offensive, fraudulent, discriminatory based on race, sex or
ethnicity, or otherwise objectionable.
- 7.2 Six Figures reserves the right to refuse membership to any person providing false
information to the Site.
8. Termination of registered member user account
- 8.1 The Terms and Conditions will continue to apply until terminated by either the
Registered Members or by Six Figures as set out below.
- 8.2 Registered Members may upon written application to Six Figures request Six Figures
to terminate their user account.
- 8.3 Six Figures will verify the request referred to in clause 8.2 before terminating
the Registered Member's user account.
- 8.4 Upon receiving written verification regarding their request for termination, Six
Figures may notify a Registered Member by way of email that their user account has been
terminated.
- 8.5 Six Figures may from time to time, terminate its legal agreement with Registered
Members if:
- 8.5.1 a Registered Member has breached any provision of the Terms and Conditions
or intend to breach any provision; or
- 8.5.2 Six Figures is required to do so by law; or
- 8.5.3 Six Figures is transitioning to no longer providing the services to Registered
Members; or
- 8.5.4 the provision of the services to Registered Members by Six Figures, is in Six
Figures' opinion, no longer commercially viable.
- 8.6 On termination, a Registered Member will no longer have access to the user account.
- 8.7 On termination, a Registered Member will continue to be bound by all Terms and Conditions
capable of surviving termination.
9. Dispute resolution
- 9.1 Any dispute under or arising out of this agreement shall be referred to arbitration
by a single arbitrator. The arbitration shall be conducted in accordance with the
rules for the Conduct of Commercial Arbitration of the Institute of Arbitrators
and Mediators Australia ('IAMA') and subject to those rules, in accordance with
the provisions of the Commercial Arbitration Act 1984 of Victoria.
- 9.2 The parties agree and accept that the determination of the arbitration is final and
binding.
10. Intellectual property
- 10.1 All intellectual property appearing on the Site ("Intellectual Property") are owned
by Six Figures, unless otherwise indicated. In using the Site, the Registered
Member agrees not to infringe any Intellectual Property owned by Six Figures or
any third party.
- 10.2 All intellectual property uploaded by the Registered Member to the Site
constitutes an assignment of the intellectual property from the Registered
Member to Six Figures.
11. Updates and changes to the site
- 11.1 Six Figures may update, alter, discontinue or create any feature of the Site at its
absolute discretion.
12. Privacy policy
- 12.1 The Registered Member acknowledges that it has read and understood the
Privacy Policy prior to registering for a user account.
13. Amendments to terms and conditions
- 13.1 Six Figures may vary these Terms and Conditions from time to time at its
absolute discretion.
- 13.2 The Registered Member's continuing use of the Site and the Services of Six
Figures constitute the Registered Member's agreement to these Terms and
Conditions and any modification to them. The Registered Member agrees to
review these Terms and Conditions regularly.
- 13.3 If a material change to the Terms and Conditions is made, Six Figures will notify
the Registered Member by placing a prominent notice on the Site identifying the
change, or by notifying the Registered Member of the change via email.
14. Severance
- 14.1 If any part of this agreement is found to be invalid or of no force or effect under
any applicable laws, executive orders or regulations of any government authority
having jurisdiction, this agreement shall be construed as though such part had not
been inserted herein and the remainder of this agreement shall retain its full force
and effect.
15. Governing law
- 15.1 These Terms and Conditions are governed by the laws of the State of Victoria (Australia).
If any part these Terms and Conditions is found to be invalid or unenforceable, it shall be severed
to the extent possible without affecting the remainder.
- 15.2 This agreement and any dispute, controversy, proceeding or claim of whatever nature arising
out of, or in any way, relating to this agreement and the rights created hereby shall be governed,
interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference
to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law
clause is not contested. This agreement shall be binding to the benefit of the parties hereto and
their successors and assigns.
- 15.3Both parties confirm and declare that the provisions of this agreement are fair and reasonable
and both parties having taken independent legal advice and declare this agreement is not against
public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.