Employer terms and conditions
Please read the following Terms and Conditions before registering to use the Lode website.
In these Terms and Conditions, "Site" refers to the Lode website, "tuscon", "our" and "we" are references to tuscon Pty Ltd ACN 120 100 003, "you" and "your" are references to you the employer and your employees, officers and agents.
tuscon is the owner and operator of the Site. By registering to use the Site you are entering into an agreement with tuscon to be bound by the following Terms and Conditions.
Please note that tuscon may modify these Terms and Conditions from time to time and that such modifications will be effective and binding on you when posted on the Site.
1. Compliance with Terms and Conditions
If tuscon in its sole discretion determines that you have failed to comply with these Terms and Conditions or have otherwise acted objectionably in your use of the Site, tuscon may without prior notice delete the non-complying or objectionable material which you have posted to the Site and/or prevent you from using the Site.
2. Intellectual property
Other than in respect to material you have posted to the Site, tuscon owns all intellectual property rights in relation to the Site. tuscon's intellectual property rights in relation to the Site include but are not limited to copyright in software, codes, forms, text and logos and trademarks. You may access and display any page or part of the Site and print out any page or part of the Site for your use. Any other use of tuscon's intellectual property, including but not limited to publication, transmission and reproduction, is prohibited. You grant us a license to use any material you have posted to the Site in accordance with these Terms and Conditions and Privacy Policy. You must not post to the Site, material which infringes the intellectual property rights of any third party.
3. Company Profile
The content of your company profile webpage on the site, should you elect to activate one, will include material and information you post. You acknowledge that the integrity of your company profile webpage on the site will depend on the quality and accuracy of the material and information you post. By posting material on your company profile webpage on the site, you grant tuscon a perpetual, irrevocable, worldwide, royalty-free and non-exclusive licence to reproduce, translate, publish, publicly display and distribute such material.
4. Inaccurate or objectionable material and unlawful action
You must not attempt to mislead or deceive any job-seekers by posting inaccurate, incomplete or false material to the Site.You must not post any illegal, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material to the Site. You must not use the Site for or to encourage any unlawful action.
5. Damaging material
You must not post to the Site, material which contains or is a virus, worm, Trojan horse, spyware or other contaminating or destructive code. You must not use any device, routine or software to crash, delay or otherwise damage the Site or disrupt its users.
6. Alteration of site content and services
tuscon reserves the right to reformat material which you have posted to the Site and to revise content, services and links provided on the Site without prior notice. Additionally, tuscon reserves the right to include advertising on the Site without prior notice. tuscon is not responsible in any way for the content of any advertisements on the Site.
7. Links to and from other sites
The Site includes a number of links to third party sites. You acknowledge that links to and from third party sites are provided only for your convenience and do not indicate that tuscon has any control over or responsibility for the contents of such sites. tuscon excludes all liability for any direct or indirect damage, loss or costs of any kind arising in any way out of or in connection with your access or use of third party sites.
8. No guarantee as to services
tuscon does not guarantee that the services provided on the Site will be uninterrupted or error-free. The Site may from time to time be temporarily unavailable for reasons of maintenance or improvement or because of technical issues beyond our control.
9. No guarantee as to security of material
tuscon does not guarantee that material available on the Site or sent via email from tuscon or from job-seekers will be free of infection, viruses, worms, Trojan horses, spyware or other contaminating or destructive codes. You acknowledge that you are responsible for protecting your own material, software and systems.
10. Username and password
To register and use the Site you must provide a username and password. You are solely responsible for maintaining the confidentiality of your username and password. You must notify tuscon immediately of any unauthorised use of your username and password. You are responsible for any authorised or unauthorised actions undertaken using your username and password.
11. No guarantee as to confidentiality and integrity of material
tuscon will take all due care to ensure the confidentiality and integrity of material which you have posted to the Site. However we do not guarantee that this material will not be unlawfully accessed or altered by a third party during transit over the Internet or while on the Site.
12. Use and disclosure of material
You consent to tuscon collecting, using and disclosing material which you have posted to the Site in accordance with our Privacy Policy. You must abide by the Privacy Act 1988 (Cth) in your use and disclosure of material which you receive regarding job-seekers. You must not use job-seeker material to send emails or other communications to job-seekers which are unrelated to employment opportunities.
13. No guarantee as to suitability and availability of job-seekers or job-seeker material
You acknowledge that tuscon provides no guarantee that any job-seeker will be suitable and available for employment. You further acknowledge that tuscon provides no guarantee as to the accuracy, completeness or timeliness of job-seeker material provided on the Site.
14. Payment Terms
Each month tuscon will issue a tax invoice for any fees due from your use of the site. You must pay the full amount of the invoice within 14 days of the date of invoice. tuscon may charge interest on any unpaid invoice at the rate of 10% above the prevailing Reserve Bank of Australia base rate and is entitled to recover any collection costs incurred. tuscon also reserves the right to disable your account and remove your webpage from the site (if you have subscribed to the Employer Branding Package) without notice if an invoice is not paid by the due date.
15. Confidential material
You acknowledge that any material available on the website or sent via email by tuscon is confidential and should not be disclosed to third parties.
16. Liability and Indemnity
To the extent permitted by law tuscon excludes all liability for any direct, indirect or consequential damage, loss or costs caused by or in connection with your use of or inability to use the Site or tuscon's breach of contract, statute, negligence or misrepresentation, including but not limited to loss of revenue, loss of actual or anticipated profits, loss of management or administration time, loss of business, loss of goodwill, loss of opportunity, loss of or damage to reputation, loss of or corruption to data and other professional fees and expenses (including legal fees).
You agree to indemnify tuscon, its employees, officers and agents against all loss, damage, costs, professional fees and expenses (including legal fees), actions, claims and liability arising directly or indirectly from or in relation to your use or misuse of the Site.
17. Termination
You must notify us in writing if you wish to terminate your use of the Site. Material which you have posted to the Site will be removed within 14 days of this notification. However, job- seekers may have material which you have posted to the Site on file and may contact you regarding employment after you have terminated your use of the Site.
18. Waiver
A failure or delay by tuscon in exercising a right under these Terms and Conditions does not result in a waiver of that right. A waiver of any right under these Terms and Conditions must be made in writing.
19. Severability
If any part of these Terms and Conditions is held to be invalid or unenforceable that part shall be severed and the remaining Terms and Conditions will continue to be valid and enforceable.
20. Applicable law
These Terms and Conditions are governed by the laws of Queensland and you submit to the non-exclusive jurisdiction of the courts of Queensland and any courts which may hear appeals from these courts in respect of proceedings regarding the Terms and Conditions.