In these terms and conditions: "site" means the internet website "virtualangels.com.au" and includes the products and services contained therein; "Virtual Angels” (ABN 78 553 112 574) and in particular in its capacity as owner and controller of the site; and "you" and "job seekers" means the person or entity using the products and services on the site.
1. No liability to users of this site
Virtual Angels gives no warranty in relation to the service provided or supplied. Under no circumstances is Virtual Angels or any of its carriers or suppliers liable or responsible in any way to you or any other person for any loss, damages, costs, expenses or other claims (including consequential damages and loss of profits or loss of revenues), howsoever caused, including as a result, direct or indirect of any defect, deficiency or discrepancy in the service including its form, content and timeliness of delivery, including, without limitations, for and in relation to any of the following:
(a) Any service supplied to you.
(b) Any delay in supply of the service.
(c) Any failure to supply the service.
(d) Any technical or non-technical failure.
(e) Any content or information accessed via the service with or without your authorisation.
The Australian Trade Practices Act 1974 and certain State and Territory legislation may imply certain conditions and warranties into the Agreement. To the extent permitted by law those conditions or warranties are expressly excluded. Where they cannot be excluded, Virtual Angels’ liability (if any) arising from the breach of those conditions and warranties is limited, in Virtual Angels’ discretion to the supply of the services again or cost of resupplying the services again.
2. intellectual property
You acknowledge that all intellectual property contained on this site is and remains at all times the property of Virtual Angels or the potential employers identified on the site. You agree not to use the information or other material on this site for any unlawful purpose or in any manner that would, in any way, infringe our intellectual property rights or those of the potential employers.
3. no guarantee of vacancies
Whilst Virtual Angels strives to ensure that all vacancies are genuine vacancies and are available throughout the time we are advised, Virtual Angels does not guarantee the availability of any job made known to you via this site and will not be liable to you if the vacancy is not a genuine vacancy or is filled by the employer at any time.
4. no responsibility for job vacancies offered
Virtual Angels accepts no responsibility for the content or accuracy of job vacancies offered via this site and does not in any way recommend or endorse any jobs offered via this site. Virtual Angels will not be liable to you for the quality or safety of jobs offered via this site.
5. you agree to provide accurate information
You agree and acknowledge that all information you provide on this site is true and accurate and that no information and omissions given or made by you are intended to mislead or deceive any person or are likely to have that effect.
6. no warranty for site
Whilst Virtual Angels takes great care to ensure the service provided on the site is of the highest standard, we give no warranties to users as to the reliability or availability of the site, that the site will be free from viruses and other damaging programmes or code, whether replicating or otherwise, or that use of the site will not result in damage or loss to your hardware, software or any data stored on it. You agree that you are solely responsible for providing any software and other devices necessary to effectively deal with viruses and other damaging or destructive programmes and code that may affect your data or other property.
7. no guarantee to protect your information
Virtual Angels accepts no liability for any loss or damage incurred by you as a result of information provided to us by you being copied, intercepted or otherwise unlawfully dealt with by unauthorised persons or entities, whether in transition to or from the site or whilst stored on the site.
8. no liability for loss or misuse of passwords and login names
You acknowledge that you are solely responsible for the maintenance, use and security of your password or login name and that Virtual Angels will not be liable for any loss or damage you may incur as a result of the loss or misuse of either of them. You must maintain the confidentiality of your password and account, and are responsible for all activities that occur with your account. Where the current account details and password are provided, Virtual Angels is entitled to assume that the access is by you, or authorised by you, and you indemnify Virtual Angels completely against any claim of loss or damage that results from wrongful, fraudulent or other access (using the correct account details and password) to your account.
9. no endorsement of other sites sponsored or advertised
As a further service to you and others, Virtual Angels may provide links to other sites or allow sponsors or other persons to display their logos or otherwise advertise their products or services on the site. Such action by Virtual Angels does not imply either directly or indirectly that Virtual Angels endorses such sites, products, services or entities in any way. Virtual Angels has no control over such sites, products, services or entities and will not be liable for any loss or damage incurred by you as a result of, or in connection with, your use of such sites, products or services.
10. use of your information
You acknowledge and agree that Virtual Angels may use any information (other than your personal information) and intellectual property you provide to us through the site at any time and for any reason. In handling your information, Virtual Angels will comply with the Virtual Angels privacy policy.
11. adherence to terms and conditions
Virtual Angels may change these terms and conditions at any time. All changes will become effective immediately they are published on this site, unless stated otherwise, and you agree to be bound by these terms and conditions as amended by us from time to time.
12. governing law
These terms and conditions shall be governed by the laws of New South Wales You agree to submit to the exclusive jurisdiction of the courts of New South Wales.
13. severance of unenforceable terms
Any part or parts of these terms and conditions which may be held invalid shall be severed from the remainder of the terms and conditions which shall continue to be valid and enforceable.
14. termination of the agreement
If the agreement entered into is terminated for any reason whatsoever, such of these terms and conditions which shall be capable of surviving such termination shall continue to be valid and enforceable.
In these terms and conditions: "site" means the internet website "virtualangels.com.au" and includes the products and services contained therein; "Virtual Angels" means Virtual Angels (ABN 78 553 112 574) and in particular in its capacity as owner and controller of the site; and "you" and "potential employers" means the person or entity using the products and services on the site.
1. no liability to potential employers
Virtual Angels gives no warranty in relation to the service provided or supplied. Under no circumstances is Virtual Angels or any of its carriers or suppliers liable or responsible in any way to you or any other person for any loss, damages, costs, expenses or other claims (including consequential damages and loss of profits or loss of revenues), howsoever caused, including as a result, direct or indirect of any defect, deficiency or discrepancy in the service including its form, content and timeliness of delivery, including, without limitations, for and in relation to any of the following:
(a) Any service supplied to you.
(b) Any delay in supply of the service.
(c) Any failure to supply the service.
(d) Any technical or non-technical failure.
(e) Any content or information accessed via the service with or without your authorisation.
The Australian Trade Practices Act 1974 and certain State and Territory legislation may imply certain conditions and warranties into the Agreement. To the extent permitted by law those conditions or warranties are expressly excluded. Where they cannot be excluded, Virtual angels’ liability (if any) arising from the breach of those conditions and warranties is limited, in Virtual angels’ discretion to the supply of the services again or cost of resupplying the services again.
2. intellectual property
you acknowledge that all intellectual property contained on this site is and remains at all times the property of Virtual Angels or the potential employers identified on the site. You agree not to use the information or other material on this site for any unlawful purpose or in any manner that would, in any way, infringe our intellectual property rights or those of others.
3. you agree to provide accurate information
You agree and acknowledge that all information you provide on this site is true and accurate and that no information given or omissions made by you in relation to positions offered are intended to mislead or deceive any person or are likely to have that effect.
4. no liability for mistake or omission
You agree and acknowledge that it is your responsibility to ensure that positions offered via the site do not contain errors and that Virtual Angels will not be liable for any loss or damage you may incur as a result of your failure to check the details of the position offered.
5. no warranty for site security and reliability
Whilst Virtual Angels takes great care to ensure the service provided on the site is of the highest standard, we give no warranties to users regarding the reliability or availability of the site, that the site will be free from viruses and other damaging programmes or code, whether replicating or otherwise, or that use of the site will not result in damage or loss to your hardware, software or any data stored on it. You agree that you are solely responsible for providing any software and other devices necessary to effectively deal with viruses and other damaging or destructive programmes and code that may affect your data or other property.
6. no endorsement of other sites sponsored or advertised
As a further service to you and others, Virtual Angels may provide links to other sites or allow sponsors or other persons or entities to display their logos or otherwise advertise their products or services on the site. Such action by Virtual Angels does not imply either directly or indirectly that Virtual Angels endorses such sites, products, services or entities in any way. Virtual Angels has no control over such sites, products, services or entities and will not be liable for any loss or damage incurred by you as a result of, or in connection with, your use of such sites, products or services.
7. use of your information and logo
You acknowledge and agree that Virtual Angels may use any information and intellectual property you provide to us. If you provide your logo and company information, you give Virtual Angels permission to use these details anywhere else in the site from time to time to further promote activity on Virtual Angels.
8. adherence to terms and conditions
All changes will become effective immediately they are published on this site, unless stated otherwise. Virtual Angels may change these terms and conditions at any time. You agree to be bound by these terms and conditions as amended by us from time to time.
9. adherence to relevant laws
You agree to ensure that all positions offered comply with all relevant State, Territory and Commonwealth laws and to treat all personal information collected by you as a result of the use of the site in compliance with the National Privacy Principles set out in the Privacy Amendment (Private Sector) Act 2000. You further agree not to use any information collected from the site to send unsolicited emails to any one or more job seekers.
10. indemnity for Virtual Angels
You agree to indemnify and keep indemnified Virtual Angels and its officers, employees and agents against all costs, damage or loss incurred as a result of claims, demands or actions brought by any person or entity in respect of an actual or alleged breach of any law (and including a breach of these terms and conditions) or other rights and as a result of your offering a position via the site.
11. governing law
These terms and conditions shall be governed by the laws of New South Wales. Potential employers agree to submit to the exclusive jurisdiction of the courts of New South Wales.
12. severance of unenforceable terms
Any part or parts of these terms and conditions which may be held invalid shall be severed from the remainder of the terms and conditions which shall continue to be valid and enforceable.
13. termination of the agreement
If the agreement entered into is terminated for any reason whatsoever, such of these terms and conditions which shall be capable of surviving such termination shall continue to be valid and enforceable.
14. refund policy
Refunds on credit card payments will be made at the discretion of management.
Contractor
Means any natural person who is presented for consideration to the Client by VA.
Service Fee
Service Fee means the agreed amount payable per hour to Virtual Angels for providing the services of the Contractor.
The Service Fee will be included in the proposal supplied to the Client by Virtual Angels before Virtual Angels is engaged.
Expenses
Out of pocket expenses incurred by Virtual Angels during the course of Virtual Angels engagement will be payable to Virtual Angels by the Client. The Client’s prior approval must be gained for any interstate travel or other major expense items.
Appointment to Permanent Staff
If a Contractor is subsequently appointed to a full time position by the client or related entity during the term of an Interim assignment or within 12 months from the completion of that assignment, the Client must pay to Virtual Angels an Appointment fee of $5,000 plus GST.
The employment of the Contractor by the Client or a related entity shall effect a termination of the engagement of Virtual Angels and its obligations to the Client.
Database Retrieval / Referral Fee Levels
When Virtual Angels refers a candidate to an organisation and that candidate is subsequently appointed to a full time role without first undertaking an Interim assignment and within 12 months of referral, the Client must pay to Virtual Angels an Appointment fee of $5,000 plus GST.
Terms of Payment
The terms on which the services of an Contractor are provided and the Client’s obligation to pay Virtual Angels invoices and any out of pocket expenses shall be determined by Virtual Angels Terms of Engagement as signed by the Client at the time an interim management assignment is confirmed and shall apply from the agreed commencement date until the conclusion of the assignment.
The provisions of the Terms of Engagement shall apply to the provision of the services of the Contractor to the Client (in any capacity whatsoever).
Termination
Either party may terminate any agreement made in respect of the provision of the services of a Contractor (without cause) on 30 days notice. Termination shall not affect any party’s rights accrued up to and including the date of termination and the provisions of any clause conferring post termination rights will survive the termination of any agreement between Virtual Angels and the Client.
Invoicing
Invoices may be dispatched by both mail and Email. Where practical, the Client will pay Virtual Angels invoices by direct credit to the Virtual Angels bank account nominated by it for that purpose. For reasons of confidentiality, all invoices may include only brief information. However, where necessary, details will be provided on request.
GST
All fees will be exclusive of GST and the Client must pay any GST properly charged by VA.
Confidentiality
In the course of its engagement Virtual Angels will become privy to various sensitive or confidential information concerning the Client. Virtual Angels shall take appropriate steps to maintain the confidentiality of that information. Likewise, Virtual Angels shall be furnishing the Client with commercially sensitive information about people and companies. That information must be kept confidential and its circulation limited to a need-to-know basis so that it will not be passed to any third party.
Virtual Angels adheres to the National Privacy Principles established by the Privacy Act 1988. Our Privacy statement sets out Virtual Angels policy relating to the collection and use of personal information.
Availability
Virtual Angels will make every effort to ensure that, at the time Virtual Angels is engaged that the Contractor is available for the anticipated duration of the project as outlined in the proposal. Candidate reports will provide an indication of further availability should, for any reason, the project be extended by circumstances that were not anticipated at the time Virtual Angels is engaged.
If by reason of sickness, injury or other mental or physical disability the Contractor cannot provide that person’s services, Virtual Angels will have no liability to the Client.
Disclaimer
Whilst every effort is made to maintain a high standard of integrity and a reliable service, no liability can be accepted by Virtual Angels for any negligence, dishonesty, misconduct or lack of skill or failure of performance on the part of any Contractor provided by VA.