Individual Terms and Conditions
Parties
InternMe Australia Pty Ltd ACN 609 593 197 (Us/We/Our)
- Definitions
The following definitions will apply for the purpose of this Agreement:
Agreement means these terms and conditions of trade between You and Us.
Applicable Law in relation to any person, action or thing means the following in relation to that person, action or thing:
(a) any law, rule or regulation of any country (or political sub-division of a country)
(b) any obligation under any licence in any country (or political sub-division of a country); and
(c) any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country).
Business/es means any company or organisation who has a profile on the Website and advertises a paid or unpaid Internship Position on the Website,
Content includes things that you may see, read, hear, download or access on or via the Website (including but not limited to messages, files, data, software, images, photographs, illustrations, text and other materials).
Duties means the work and tasks performed by You.
Internship Position means a Paid Internship Position or an Unpaid Internship Position.
Paid Internship Position means a fixed term employment position with You for a period of no less than two weeks in any twelve month period [AP1]
Posted includes uploaded, posted, emailed or otherwise electronically transmitted.
Site means any place in which You perform the Duties.
Job opportunities: means any form of employment or any other professional relationships resulting in fees for services (ie. Freelancer)
Unpaid Internship Position means an internship position that You hold for a period of no less than two weeks in any twelve month period and for which the dominant purpose of Your Duties:
(a) is to obtain work experience of benefit to You; and
(b) is not to perform productive work of benefit to the relevant Business which would otherwise be performed by employees or contractors of that Business.
Website means www.internme.com.au.
- Terms & Conditions
(a) The Website is owned and operated by Us. We will make the Website available to You for Your use on the condition that You agree to these Terms and Conditions of Use (“Terms"). References to Us includes Our related bodies corporate and associates as those terms are defined in the Corporations Act 2001 (Cth) and references to You means you, the user of the Website. By using the Website, You accept the Terms. The Terms constitute the entire agreement between Us and You concerning the Website.
(b) We may revise these terms and conditions from time to time by updating the Website. The revised terms will take effect when they are posted. You are responsible for familiarising yourself with these terms and conditions as they apply to You from time to time.
(c) Please also visit our Privacy Policy to understand how we use and protect your personal information.
- Operation of Site
(a) The Website enables You to access Job opportunities and Internship Positions which will be posted on the Website by Businesses. Where You create and maintain a profile on the website, You agree that Businesses may contact you directly to offer You an Internship Position Job Opportunity. You may directly approach a Business who advertises an Internship Position or Job Opportunity on the Website.
(b) You are responsible for:
- understanding the nature of Job Opportunities, Paid Internship Positions and Unpaid Internship Positions (as they are defined in clause 1 above), and in particular how Unpaid Internship Positions differ from contracts of employment, contracts for services and other forms of engagement. Further information can be found at https://www.fairwork.gov.au/pay/unpaid-work/work-experience-and-internships and https://www.fairwork.gov.au/how-we-will-help/templates-and-guides/fact-sheets/unpaid-work/unpaid-work;
- understanding the requirements of a particular Job Opportunity Internship Position (and confirming those requirements with the Business) before You accept it. If You accept an Internship Position, You are responsible for negotiating the nature of your relationship with the Business;
- ensuring that You hold any relevant visa, work permit or other authorisation necessary for you to lawfully undertake any Job Opportunity or Internship Position; and
- should an advertised Unpaid Internship Position in fact give rise to an employment relationship, contract for services or other form of engagement – taking such steps as You consider appropriate to secure any entitlements which the relevant Business may owe You (whether by way of commencing proceedings directly against the relevant Business, contacting the Fair Work Ombudsman or otherwise).
(c) Your dealings with any Business are matters for You and the Business. We make no representations in relation to any Job Opportunity or Internship Position (including, without limitation, whether or not any Unpaid Internship Position is in fact in the nature of employment). We will not be responsible for any loss or damage of any sort You incur as a result of Your dealings with a Business or otherwise in relation to any Job Opportunity or Internship Position.
(d) By using the Website, You understand that Businesses are independent entities and are not agents of Us. We make no representations to You regarding the conduct of any Business (whether in relation to an Internship Position or otherwise). Whilst Businesses using the Website have represented to Us that they have obtained appropriate insurance and will comply with all relevant legislation, We make no representations to You regarding whether these things have occurred (or will occur). We strongly recommend that You confirm these matters with the relevant Business before accepting any Job Opportunity or Internship Position.
(e) While We operate the Website, We do not monitor or exercise editorial control over the Content on the Website (including, without limitation, the content of any advertised Job Opportunities or Internship Positions). However We reserve the right at Our discretion to:
(i) access or examine any Content;
(ii) move, remove or disable access to any Content which We consider, in Our absolute discretion, to breach any Applicable Law or to be otherwise unacceptable.
(f) We do not endorse or recommend any of the Job Opportunities or Internship Positions advertised on the Website or any of the Businesses who advertise those Job Opportunities or Internship Positions. We strongly recommend that prior to entering into any agreement with any of the Businesses on the Website, You obtain Your own independent legal, accounting, financial or taxation advice as appropriate.
(g) We will not be liable to You for any decision made or action taken by You or anyone else in reliance upon any information contained on or omitted from the Website.
(h) We make no representation to You regarding the continued availability of any particular Job Opportunity or Internship Position advertised on the Website and will not be liable to you should a Business fill a vacancy at any time prior to removal of the advertisement from the Website. We give no guarantee to you that every advertisement represents an actual vacancy.
- Your Use of the Website
- You must not post any Content that:
(i) you do not have the right to post;
(ii) is defamatory or in contempt of any legal or other proceedings;
(iii) is misleading or deceptive;
(iv) incites hatred or discrimination against any group of persons being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins;
(v) denounces religious or political beliefs;
(vi) includes religious or political material which is or is likely to be offensive;
(vii) is indecent, obscene, vulgar, pornographic, offensive or of doubtful propriety or of a menacing character or is likely to annoy or concern;
(viii) infringes any copyright, trade mark, patent or other intellectual property right of another person;
(ix) contains any unsolicited or unauthorised advertising or promotional material;
(x) contains viruses or similar software or data which is designed to interrupt, destroy or limit the functionality of any computer software or hardware; or
(xi) impersonates any person or misrepresents your relationship with any person.
- You must not:
(i) disrupt or interfere with the Website or servers or other software, hardware or equipment connected to or via the Website;
(ii) violate any relevant law relating to your use of the Website; or
(iii) collect or store personal data about other users of the Website.
- You agree that it is a condition on your use of the Website and of any other services provided by Us or through the Website that You will not through any act or omission (including but not limited to creating a profile on the Website) mislead or deceive others.
- Intellectual Property Rights
(a) We are the owner or authorised user of all intellectual property in and associated with the Website and any improvements and modifications thereto. We are also the owner or authorised user of the trade marks, logos, names and designs, whether registered or unregistered, in and associated with the Website.
(b) Nothing contained in the Website should be construed as giving you any right in or license to any of the intellectual property, trade marks, logos, names or designs, whether registered or unregistered, associated with the Website.
(c) You acknowledge that Content on the Website is subject to copyright and possibly other intellectual property rights (Intellectual Property Rights).
(d) Unless you are expressly authorised by law you must not yourself, or participate in or permit any other person, to:
(i) sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the Content in any way for any public or commercial purpose without our prior written consent;
(ii) use any Content on any other web site or in a networked computer environment for any purpose; or
(iii) otherwise infringe the Intellectual Property Rights of any person in using the Website or any Content.
(e) Nothing you do on or in relation to the Website will transfer any Intellectual Property Rights to you or licence you to exercise any Intellectual Property Rights unless this is expressly stated.
(f) In relation to any Content Posted by you, but subject to our privacy policy discussed below, you grant us a perpetual, irrevocable, royalty-free licence to use that content for the purposes for which the Website exists.
- Links
We have not reviewed all of the sites linked to this Website and are not responsible for the content or accuracy of any off-site pages or any other sites linked to this Website (including without limitation sites 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.
- Privacy
(a) In using the Website you may give us personal information. Our privacy policy is available and can be viewed on this Website.
(b) While We take all due care in ensuring the privacy and integrity of the information You provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the Internet or while stored on Our systems or on Our Website. We disclaim all liability to you to the greatest extent possible pursuant to law should this occur.
(c) To become a registered user, You must provide a password and a login name. You are entirely responsible if You do not maintain the confidentiality of your password and login name. Furthermore, You are entirely responsible for any and all activities that occur under Your login name. You may change your password at any time by following instructions. You may also change Your login by contacting customer service. You may also delete services attached to your registration at Your convenience.
(d) You agree to immediately notify Us of any unauthorized use of Your login name or any other breach of security known to You.
- Use of the Website is at Your Risk
(a) You use the Website at your risk. You must evaluate, and bear all risks associated with, the use of any Content, including reliance on the accuracy, completeness or usefulness of any Content. You should seek your own independent advice with respect to any Content.
(b) We endeavour to provide a convenient and functional Website, but we do not guarantee that the Content will be error free or that the Website or the server that operates it are free of viruses or other harmful components.
(c) If your use of the Website results in the need for servicing or replacing property, material, equipment or data, we will not be responsible for such costs.
(d) Without limiting the above provisions, you use the Website at your risk and everything on the Website is provided to you "as is" and "as available" without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. To the extent permitted by law, we expressly disclaim and exclude any representation or warranty whether express or implied under or in relation to your use of the Website. Where such a condition cannot be excluded then, to the extent permitted by law, our liability is limited, at our option, to re-supply of the good or service to which the condition relates or the payment of the cost of such a re-supply.
(e) We provide no warranty to You that the services generally available through the Website will be uninterrupted or error-free or that defects in the service will be corrected. You understand that We cannot and do not guarantee or warrant to you that files available for downloading through the Website or delivered via electronic mail through the Website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data.
- Limitation of Liability
(a) To the extent permitted by law we have no liability to you, whether for breach of these terms or in negligence or in any other tort or for any other common law or statutory cause of action arising in relation to these terms, the Website or the Content.
(b) To the extent permitted by law no party involved in creating, producing, or delivering the Website or any Content will be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, or use of, or inability to use the Website and the Content, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage.
- General Provisions
(a) You acknowledge that we may, in our sole discretion and with or without notice,
(i) vary the Website or any part of the Website; and
(ii) modify or discontinue this Website, any part of the Website and the services available on it without notice.
(b) The provisions of these terms and conditions entitled "Use of the Website is at Your Risk", "Limitation of Liability," and "General Provisions" will survive cancellation of your registration or termination of this agreement.
(c) If any part of this agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.
(d) This agreement will be governed by the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia.
(e) You agree to defend, indemnify, and hold harmless us, our officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Website or the Content or your breach of this agreement.
(f) If any part of this Agreement is held invalid that part shall be severed from this Agreement and the remainder of this Agreement will continue to be valid and enforceable.
(g) Termination of this Agreement will not end those provisions that are capable of surviving the ending of this Agreement.
(h) The laws governing this Agreement will be the laws in Victoria, Australia and You irrevocably submit to the exclusive jurisdiction of its Courts and its Appellate Courts and the jurisdiction of the Federal Court of Australia sitting in Victoria.
(i) For the purposes of this agreement the words "We", "Our" and "Us" refer to Internme Australia Pty Ltd and "Website" to materials delivered on www.internme.com.au and other co-branded versions of the site.
Parties
[Company Name] of [address] (You/Your)
InternMe Australia Pty Ltd ACN 609 593 197 (Us/We/Our)
Introduction
The Website is owned and operated by Us. The Website is made available to you for your use on the condition that you agree to these Terms and Conditions of Use (“Terms"). References to Us includes Our related bodies corporate and associates as those terms are defined in the Corporations Act 2001 and references to You means you, the user of the Website. By using the Website, you are deemed to have accepted the Terms. The Terms constitute the entire agreement between Us and You concerning the Website.
1. Definitions
The following definitions will apply for the purpose of this Agreement:
Agreement means these terms and conditions of trade between You and Us.
Duties means the work and tasks performed by the InternMe Individuals as directed by You.
Internship Position means either a Paid Internship Position or an Unpaid Internship Position.
Vocational Placement means any formal work experience arrangement that is part of an education or training course.
Co-operative Education placements means 1 year paid placements as a mandatory part of course completion.
Paid Internship Position means a fixed term employment position with You for a period of no less than two weeks in any twelve-month period.
Placement Fee means, in relation to an InternMe Individual who accepts an offer of some form of employment or placement other than full time employment, an amount equivalent to $500 is to be paid to InternMe Australia.
Unpaid Internship Position means a position with You for a period of no less than two weeks in any twelve-month period in which the dominant purpose of the InternMe Individuals Duties:
(a) Is to obtain work experience of benefit to the InternMe Individual; and
(b) is not to perform productive work of benefit to You which would otherwise be performed by Your employees or contractors.
Full Time Employment: A full time employee has ongoing employment and works, on average, around 38 hours each week. The actual hours of work for an employee in a particular job or industry are agreed between the employer and the employee and/or set by an award or registered agreement.
Full Time Placement Fee: Refers to AUD$2500.00 fee for any InternMe individual that is engaged for full time employment.
Website means www.internme.com.au.
InternMe Individual means any person who has a profile on the Website and refers to whoever is engaged with You after seeing their contact details on Our Website,
2. Services provided by Us
(a) We will supply a database of InternMe Individuals on our Website which you may choose to contact for the purposes of offering Unpaid Internship Positions and Paid Internship Positions as well as freelance work, contractor work, cadetships, vocational placements and permanent employment, temporary employment or casual employment.
(b) We will place Your advertisements for job offers and position descriptions on Our Website for possible InternMe Individuals to contact You.
(c) We will allow management functionality via our InternMe Australia platform that can be used to help manage your InternMe applicants and future talent.
(d) You agree that You will not:
i) use the Services for the purpose of employing InternMe Individuals other than for the purpose of offering roles that adhere to Australian employment regulations (and in accordance with Clause 8);
OR
ii) misrepresent to any InternMe Individuals that a particular position is an Unpaid Internship Position in circumstances where that position involves (is likely to involve) a contract of employment or contract for services arising between You and the InternMe Individuals.
3. Relationship between the parties
(a) We are not Your employee, partner, legal representative, agent, joint venturer or franchisee. You have no right or authority to bind Us, assume or create any obligations for or on behalf of Us, or make any representations or warranties for or on behalf of Us. Similarly, we have no right or authority to bind You, assume or create any obligations for or on behalf of You, or make any representations or warranties for or on behalf of You.
(b) The InternMe Individuals are not Our employees, partners, legal representatives, agents, joint venturers or franchisees. No contractual relationship shall exist between Us and the InternMe Individuals whose services You choose to engage. The InternMe Individuals have no right or authority to bind Us, assume or create any obligations for or on behalf of Us, or make any representations or warranties for or on behalf of Us. The InternMe Individuals are not entitled to any benefit from Us.
4. InternMe Individuals Verification
(a) You represent, warrant and agree that You will verify the qualifications and experience of the InternMe Individuals (including, without limitation, any relevant visa, work permit or other authorisation necessary for the InternMe Individuals to lawfully undertake the relevant Internship Position or job offer) and will ensure that they are suitable for the services to be provided to You.
(b) We make no representations or warranties that the qualifications and experience of the InternMe Individuals as listed on Our Website are correct.
(c) We do not warrant that the InternMe Individual you engage is suitable to perform the Duties.
5. Insurances
(a) Before engaging InternMe Individuals, you must obtain and maintain at all times during the currency of this Agreement the following:
(i) public liability insurance to provide cover of no less than AUD$10,000,000;
(ii) InternMe Individuals' compensation insurance which coverage shall cover each and every InternMe Individual;
(iii) third party and property damage insurance with coverage in the sum of AUD$10,000,000; and
(iv) any other insurance that is necessary to ensure the interests of You and any related body corporate and Us are protected against any liability incurred through the performance of this Agreement.
6. Your specific obligations
(a) You will be solely responsible for:
(i) ensuring that the Duties You direct any InternMe Individual to perform in the course of an Unpaid Internship Position do not give rise to an employment relationship between You and that InternMe Individual. In the event that an employment relationship arises between You and any InternMe Individual in the course of an Unpaid Internship Position, You are responsible for paying any benefits to which the InternMe Individual becomes entitled under Federal or State legislation, applicable industrial instrument or contract because of that employment relationship;
(ii) paying any remuneration and/or benefits to which a InternMe Individual You employ in a Paid Internship Position becomes entitled under Federal or State legislation, applicable industrial instrument or contract because of that employment relationship;
(iii) the payment of all taxes, duties and compliance costs in relation to your engagement of the InternMe Individual;
(iv) the maintenance of and the cost of obtaining workers’ compensation policies providing coverage for the InternMe Individuals sufficient to discharge Your obligations under applicable workers’ compensation legislation.
(b) At no time will We or any company related to Us have any responsibility with respect any of the matters set out at subclause 6(a) above.
7. Fees
(a) A Placement fee of AUD$500.00 is to be paid to Us upon successful placement of an InternMe Individual for any position or job offer other than full time employment. If any position eventuates to a full time employment arrangement a further AUD$2000.00 is to be paid to InternMe Australia.
(b) A Full Time Placement fee of AUD$2,500.00 is to be paid upon successful full time employment of an InternMe Individual.
(c) You agree that you will:
(i) update your information on the Website after you have engaged an InternMe Individual/s to confirm that an InternMe Individual/s has or have been engaged to fulfil your advertised position/s;
(ii) acknowledge that where an InternMe Individual has updated the InternMe Individual’s profile on the Website confirming they have been engaged to fulfil your advertised position, this represents an admission by You that the InternMe Individual has been engaged by You.
(d) In the event You engage an InternMe Individual under Clause 8, We will issue an invoice to You which You agree shall be paid by You within 14 days of the date of the invoice.
8. Your additional payment obligations
(a) You must notify Us immediately if You engage an InternMe Individual for any position at your company or business
9. Your obligations
(a) You must not:
(i) withhold payment of any amount due to Us on account of any claim against Us whether admitted or disputed;
(ii) deny a signature of any InternMe Individual engaged or employed by You through our Website;
(b) You must:
(i) during the InternMe Individual’s engagement, be responsible for employing or contracting (whichever is applicable) the InternMe Individual in accordance with the relevant federal and state legislation and legislative instruments regarding their engagement.
(c) You acknowledge that:
(i) You have the legal capacity and power to agree to be bound by these Terms and perform the obligations under them;
(ii) advertisements and other works posted by You on the Website do not breach the intellectual property rights of any third party;
(iii) all files delivered to Us will be free from infection or viruses;
(iv) You will not use the Website for any illegal purpose;
(v) You will not use the Website or any features of the Website to upload, download, transact, store or make available data that is unlawful, harassing threatening, harmful, tortious, defamatory, libellous, abusive, violent, obscene, invasive of another's privacy, racially or ethnically offensive or otherwise in our opinion objectionable or damaging to Us, the Website users or persons generally;
(vi) You will be required to pay the relevant fee for any InternMe Individual you engage that has been introduced to you by us.
10. Workplace health and safety
(a) You acknowledge that You are solely responsible for the work health and safety of the InternMe Individual and You agree to consult, cooperate and coordinate activities in this regard in accordance with the requirements of the law, including those of any applicable work health and safety code of conduct or interpretive guideline that is released under legislative authority and in the conduct of workplace site inspections.
(b) You must:
(i) make all reasonable attempts to ensure that all Duties carried out pursuant to this Agreement comply with all workplace health and safety requirements in accordance with the laws of the state or territory in which the Duties are carried out;
(ii) ensure as far as reasonably practicable that each InternMe Individual is not exposed to risks to their health or safety or hazards arising from the performance of Duties under this Agreement;
(iii) ensure as far as reasonably practicable that any equipment or facilities provided for use in the performance of Duties under this Agreement are safe and without risks to health and safety when properly used;
(iv) ensure as far as reasonably practicable that systems of work and the working environment are safe and without risks to health;
(v) provide such information, instruction, training and supervision as may be necessary to ensure that the Duties provided under this Agreement are performed without hazards or risks to health and safety;
(vi) inform each InternMe Individual promptly of any new or unusual risk or practice in Your working conditions, of any change to Your risk control measures or of any change in Site or safety conditions that may present a hazard to the InternMe Individual;
(vii) not request a InternMe Individual to perform any Duties or use any equipment with which they are unfamiliar or in respect of which they are unqualified to operate or have not received adequate training and must at all times properly supervise, instruct and direct the InternMe Individuals and Your own employees;
(viii) comply with Your obligations to the InternMe Individuals under all relevant State and Federal legislation, including legislation regarding workplace or occupational health and safety, discrimination and harassment;
11. Release:
To the maximum extent permitted by law, You agree to release Us from any liability to You or any other person claiming through You, for any loss, damage, compensation, cost, expense or interest of any nature whatsoever and however caused arising directly or indirectly out of this Agreement and your use of Our Website. You hereby release Us and Our directors, officers, employees, contractors and agents, to the maximum extent permitted by law, from all actions, suits, claims and demands whatsoever which You or any other person claiming through You had, have now or might have in the future arising directly or indirectly out of or in connection with this Agreement or arising from the provision of any services by Us or any of those persons to You or arising as a result of any representation made or allegedly made by Us or any of those persons to You.
12. Limitation of Liability and Disclaimer
(a) We cannot and do not guarantee or warrant to You that files available for downloading through the Website or delivered via electronic mail through the Website, or features and products available through the Website, will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data.
(b) We accept no responsibility or liability for any errors in your advertisements and you must check your advertisements for errors as soon as they are placed on the Website.
(c) We act as a medium through which individuals seek Internship Positions and other Employment opportunities. We do not vet, nor are we responsible for vetting, candidates or the representations made by them whether oral or in writing - including those representations appearing in candidates' resumes.
(d) You hereby indemnify Us to the full extent of Our liability for all losses, damages, compensation (including damages and compensation for personal injury or death), costs, expenses and interest that We may have to pay to any person including any of the InternMe Individual as a result of any damage, loss or injury directly or indirectly caused or contributed to, by
(i) a breach by You of any of Your obligations under this Agreement; or
(ii) by any act, default, omission or negligence by You, Your directors, officers, employees, contractors and/or agents.
(iii) the listing or proposed listing of any advertisement by you on the Website or any related site; or
(iv) an actual or alleged breach by you of any law, legislation, regulations, by-laws, ordinances or codes of conduct which occurs a consequence of your advertisement appearing on the Website.
(e) You hereby indemnify Us for any liability, damages, compensation, expenses, or costs that We may incur as a result of any proceedings which may be commenced or claims that may be made by a InternMe Individual arising out of, or in any way related to termination of this Agreement.
(f) You may not ask or require any InternMe Individual candidate to pay a fee, charge, cost or any money whatsoever to apply for any job advertised on the Website whether such fee, charge, cost or money is asked or required of the candidate in the job advertisement itself or in any communication with the candidate that takes place as a result of a job advertisement placed on the Website.
13. Misuse of Data
(a) Any ‘personal information’ (within the meaning of the Privacy Act 1988 (Cth)) of any InternMe Individual that you obtain through your use of the Website or any features of the Website must only be used by You in relation to Your genuine employment and/or recruitment activities.
(b) Selling or offering services or products (such as learning or educational courses or tools) to InternMe Individuals whose personal information you have obtained through your use of the Website is considered by Us to be a misuse of InternMe Inidividual data, and is prohibited.
(c) You may not under any circumstances provide any InternMe Individual’s personal information you have obtained through your use of the Website to any other party, including to any affiliate or related party of Yours. This restriction on forwarding personal information applies irrespective of whether You receive direct financial benefit for doing so.
(d) We take Our obligations under the Privacy Act 1988 (Cth) seriously, and if We believe that You have misused InternMe Individual’s data for any reason, We reserve the right to:
14. Costs
(i) immediately suspend or terminate your account, and/or suspend or terminate the account of any party that has received InternMe Individual’s personal information from You in breach of these Terms;
(ii) report any potential contraventions of the Privacy Act 1988 (Cth) by You to the relevant authorities, including the Office of the Australian Information Commissioner; and/or
(iii) take legal action against You seeking any number of remedies provided by law, including the award of monetary damages.
(a) We may:
(i) Add to the Fee any amount which may be required to be remitted to any appropriate authority to properly perform the Agreement.
(ii) Claim and recover from You all losses, costs and expenses incurred by Us in consequence, directly or indirectly, of any breach of the Agreement on the part of You including the legal costs, as between Solicitor and own client.
15. Refunds
Money back guarantees are valid on InternMe Individuals for up to 30 days after the engagement of the InternMe Individual if the engagement between the company and InternMe individual ceases to exist for any reason.
16. Copyright in Website material
All of the material on and in relation to the Website is and remains the property of Us at all times, or in the case of some material, a third party. You are not permitted to copy, reproduce, modify, transmit, post or distribute, whether electronically or otherwise, any material from the Website except for your own private, non-commercial use. Any other use of the Website material constitutes a breach of Our copyright and other proprietary rights.
17. Intellectual Property
(a) We are the owner or authorised user of all intellectual property in and associated with the Website and any improvements and modifications thereto. We are also the owner or authorised user of the trade marks, logos, names and designs, whether registered or unregistered, in and associated with the Website.
(b) Nothing contained in the Website should be construed as giving you any right in or license to any of the intellectual property, trade marks, logos, names or designs, whether registered or unregistered, associated with the Website.
18. Advertising
(a) You must ensure that all advertisements posted to the Website comply with all applicable legislation, regulations, by-laws, ordinances and codes of conduct, including but not limited to the:
(i) Competition and Consumer Act 2010 (Cth) including but not limited to section 31 of Schedule 2 which requires that if you are a company you must not mislead persons seeking employment as to the availability, nature, terms or conditions or, any other matter relating to the employment opportunity being offered;
(ii) Fair Trading Acts in all applicable States and Territories;
(iii) Privacy Act 1988 (Cth) including the Australian Privacy Principles;
(iv) Estate Agents Acts in all applicable States and Territories; and
(v) Human Rights and Equal Opportunity Commission Act 1986 (Cth); and
(vi) all anti-discrimination and equal opportunity legislation applicable in the State or Territory in which You do business.
(b) You must adhere to the principles of truth in advertising set out in the RCSA's Code For Professional Practice.
(c) You may only post Advertisements to the Website that are in respect of a genuine Position that is current as at the time of posting the Advertisement, and for which you are currently recruiting.
(d) All advertisements require the following details:
(i) A clear description of the Position or including position title, duties/responsibilities, location, working hours, and required skills/experience;
(ii) Paid Internship Positions must specify the pay rate (in Australian dollars) and any industrial instrument which applies to the Paid Internship Position;
(iii) Unpaid Internship Positions must clearly state that they are unpaid.
(e) You must ensure that advertisements posted to the Website are posted to the appropriate category of the Website. It is your responsibility to ensure that you familiarise yourself with the advertising requirements of each available category on the Website to ensure appropriate placement of advertisements.
(f) We will not accept Advertisements that do not advertise genuine Positions or any other form of employment, whether paid or unpaid. Advertisements that we will not accept under this provision include advertisements for:
(i) Positions involving a workplace at a private dwelling;
(ii) Work involving any illegal activity;
(iii) Work which requires the InternMe Individual to purchase a product or service, or offer a security deposit or similar as a condition of the Position;
(iv) Advertisements not written in English; or
(v) Advertisements that do not comply with relevant laws.
You are encouraged to visit the Fair Work Ombudsman website at www.fairwork.gov.au for further information on internships, unpaid work experience, independent contracting and employment relationships.
(g) We reserve the right to alter, withdraw or reject any advertisement where:
(i) Non-compliance with these terms and conditions has occurred;
(ii) Misleading or incorrect information has been provided;
(iii) Complaints about the advertiser have been received; or
(iv) The job opportunity or event is considered to be inappropriate.
19. General
The parties agree that:
(a) This Agreement is to be governed by the laws of Victoria.
(b) We do not represent or guarantee that any InternMe Individual will achieve a certain level of performance, achieve a certain outcome, solve a particular problem or attain a specific goal.
(c) We cannot be held accountable for any false or misleading information provided by a InternMe Individual or their referees, or the InternMe Individual’s nondisclosure of their past history such as a criminal record.
(d) The Agreement constitutes the only agreement between Us and You.
(e) Variations and alterations may be made to the provision of Services by either party at short notice, and such changes will be enforceable if communicated in writing.
(f) It is the intention of the parties that this document shall take effect as an Agreement.
(g) This Agreement may only be amended in writing.
(h) Headings will not affect the interpretation of this Agreement.
20. Assignment
We may not assign this Agreement nor any of its obligations under this Agreement or otherwise transfer the benefit of this Agreement or a right or remedy under it, without the prior written consent of You.
SCHEDULE A
1. The Fees referred to in clause 8 are as follows:
(a) Placement fee is AUD$500.00 + GST for any InternMe Individual engaged by You for any position advertised other than full time employment.
(b) If any position eventuates to full time employment an additional fee of AUD$2,000.00 + GST is to be paid to InternMe Australia.
(c) A Full-Time Placement fee of AUD$500.00 + GST is required upon full time employment of an InternMe Individual.