Website Terms of Use

WEBSITE TERMS AND CONDITIONS OF USE

About the Website

Welcome to www.nomadix.net.au (Website). The Website is Talent Acquisition and

Recruitment Consulting (Services).

The Website is operated by Nomadix. Access to and use of the Website, or any of its

associated Products or Services, is provided by Nomadix. Please read these terms and

conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies

that you have read, understood and agree to be bound by the Terms.

If you do not agree

with the Terms, you must cease usage of the Website, or any of Services, immediately.

Nomadix reserves the right to review and change any of the Terms by updating this page at

its sole discretion. When Nomadix updates the Terms, it will use reasonable endeavours to

provide you with notice of updates to the Terms. Any changes to the Terms take immediate

effect from the date of their publication. Before you continue, we recommend you keep a

copy of the Terms for your records.

Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to

accept or agree to the Terms where this option is made available to you by Nomadix in the user

interface.

Subscription to use the Services

In order to access the Services, you must first purchase a subscription through the Website

(Subscription) and pay the applicable fee for the selected Subscription (Subscription

Fee).

In purchasing the Subscription, you acknowledge and agree that it is your responsibility to

ensure that the Subscription you elect to purchase is suitable for your use.

Once you have purchased the Subscription, you will then be required to register for an

account through the Website before you can access the Services (Account).

As part of the registration process, or as part of your continued use of the Services, you

may be required to provide personal information about yourself (such as identification or

contact details), including: Email address, Preferred username, Mailing address, Telephone number

You warrant that any information you give to Nomadix in the course of completing the

registration process will always be accurate, correct and up to date.

Once you have completed the registration process, you will be a registered member of the

Website (Member) and agree to be bound by the Terms. As a Member you will be granted

immediate access to the Services from the time you have completed the registration

process until the subscription period expires (Subscription Period).

You may not use the Services and may not accept the Terms if:

you are not of legal age to form a binding contract with Nomadix; or

you are a person barred from receiving the Services under the laws of Australia or

other countries including the country in which you are resident or from which you

use the Services.

Your obligations as a Member

As a Member, you agree to comply with the following:

you will use the Services only for purposes that are permitted by:

the Terms; and

any applicable law, regulation or generally accepted practices or guidelines

in the relevant jurisdictions;

you have the sole responsibility for protecting the confidentiality of your password

and/or email address.

Use of your password by any other person may result in the

immediate cancellation of the Services;

any use of your registration information by any other person, or third parties, is

strictly prohibited. You agree to immediately notify Nomadix of any unauthorised use

of your password or email address or any breach of security of which you have

become aware;

access and use of the Website is limited, non-transferable and allows for the sole

use of the Website by you for the purposes of Nomadix providing the Services;

you will not use the Services or the Website in connection with any commercial

endeavours except those that are specifically endorsed or approved by the

management of Nomadix;

you will not use the Services or Website for any illegal and/or unauthorised use

which includes collecting email addresses of Members by electronic or other means

for the purpose of sending unsolicited email or unauthorised framing of or linking to

the Website;

you agree that commercial advertisements, affiliate links, and other forms of

solicitation may be removed from the Website without notice and may result in

termination of the Services.

Appropriate legal action will be taken by Nomadix for

any illegal or unauthorised use of the Website; and

you acknowledge and agree that any automated use of the Website or its Services

is prohibited.

Payment

All payments made in the course of your use of the Services are made using Paypal,

Stripe. In using the Website, the Services or when making any payment in relation to your

use of the Services, you warrant that you have read, understood and agree to be bound by

the Paypal & Stripe terms and conditions which are available on their website.

You acknowledge and agree that where a request for the payment of the Subscription Fee

is returned or denied, for whatever reason, by your financial institution or is unpaid by you

for any other reason, then you are liable for any costs, including banking fees and charges,

associated with the Subscription Fee.

You agree and acknowledge that Nomadix can vary the Subscription Fee at any time and

that the varied Subscription Fee will come into effect following the conclusion of the

existing Subscription Period.

Refund Policy

Nomadix will only provide you with a refund of the Subscription Fee in the event they are

unable to continue to provide the Services or if the manager of Nomadix makes a decision,

at its absolute discretion, that it is reasonable to do so under the circumstances. Where this

occurs, the refund will be in the proportional amount of the Subscription Fee that remains

unused by the Member (Refund).

Any benefits set out in this Terms and Conditions may apply in addition to consumer's

rights under the Australian Consumer Law.

Copyright and Intellectual Property

The Website, the Services and all of the related products of Nomadix are subject to

and through international treaties. Unless otherwise indicated, all rights (including

graphics, logos, button icons, video images, audio clips, Website code, scripts, design

elements and interactive features) or the Services are owned or controlled for these

purposes, and are reserved by Nomadix or its contributors.

All trademarks, service marks and trade names are owned, registered and/or licensed by

Nomadix, who grants to you a worldwide, non-exclusive, royalty-free, revocable license

whilst you are a Member to:

use the Website pursuant to the Terms;

copy and store the Website and the material contained in the Website in your

device's cache memory; and

print pages from the Website for your own personal and non-commercial use.

Nomadix does not grant you any other rights whatsoever in relation to the Website or the

Services. All other rights are expressly reserved by Nomadix.

Nomadix retains all rights, title and interest in and to the Website and all related Services.

Nothing you do on or in relation to the Website will transfer any:

business name, trading name, domain name, trade mark, industrial design, patent,

registered design or copyright, or

a right to use or exploit a business name, trading name, domain name, trade mark

or industrial design, or

a thing, system or process that is the subject of a patent, registered design or

You may not, without the prior written permission of Nomadix and the permission of any

other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post,

distribute, show or play in public, adapt or change in any way the Services or third party

Services for any purpose, unless otherwise provided by these Terms. This prohibition does

not extend to materials on the Website, which are freely available for re-use or are in the

public domain.

Privacy

Nomadix takes your privacy seriously and any information provided through your use of the

Website and/or Services are subject to Nomadix's Privacy Policy, which is available on the

Website.

General Disclaimer

Nothing in the Terms limits or excludes any guarantees, warranties, representations or

conditions implied or imposed by law, including the Australian Consumer Law (or any

liability under them) which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law:

all terms, guarantees, warranties, representations or conditions which are not

expressly stated in the Terms are excluded; and

Nomadix will not be liable for any special, indirect or consequential loss or damage

(unless such loss or damage is reasonably foreseeable resulting from our failure to

meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage

to goodwill arising out of or in connection with the Services or these Terms

(including as a result of not being able to use the Services or the late supply of the

Services), whether at common law, under contract, tort (including negligence), in

equity, pursuant to statute or otherwise.

Use of the Website and the Services is at your own risk. Everything on the Website and the

Services is provided to you "as is" and "as available" without warranty or condition of any

kind. None of the affiliates, directors, officers, employees, agents, contributors and

licensors of Nomadix make any express or implied representation or warranty about the

Services or any products or Services (including the products or Services of Nomadix)

referred to on the Website. This includes (but is not restricted to) loss or damage you might

suffer as a result of any of the following:

failure of performance, error, omission, interruption, deletion, defect, failure to

correct defects, delay in operation or transmission, computer virus or other harmful

component, loss of data, communication line failure, unlawful third party conduct, or

theft, destruction, alteration or unauthorised access to records;

the accuracy, suitability or currency of any information on the Website, the Services,

or any of its Services related products (including third party material and

advertisements on the Website);

costs incurred as a result of you using the Website, the Services or any of the

products of Nomadix; and

the Services or operation in respect to links which are provided for your

convenience.

Limitation of liability

Nomadix's total liability arising out of or in connection with the Services or these Terms,

however arising, including under contract, tort (including negligence), in equity, under

statute or otherwise, will not exceed the resupply of the Services to you.

You expressly understand and agree that Nomadix, its affiliates, employees, agents,

contributors and licensors shall not be liable to you for any direct, indirect, incidental,

special consequential or exemplary damages which may be incurred by you, however

caused and under any theory of liability. This shall include, but is not limited to, any loss of

profit (whether incurred directly or indirectly), any loss of goodwill or business reputation

and any other intangible loss.

Competitors

If you are in the business of providing similar Services for the purpose of providing them to users

for a commercial gain, whether business users or domestic users, then you are a competitor of

Nomadix. Competitors are not permitted to use or access any information or content on our

Application. If you breach this provision, Nomadix will hold you fully responsible for any loss that

we may sustain and hold you accountable for all profits that you might make from such a breach.

Termination of Contract

The Terms will continue to apply until terminated by either you or by Nomadix as set out

below.

If you want to terminate the Terms, you may do so by:

providing Nomadix with 14 days' notice of your intention to terminate; and

closing your accounts for all of the services which you use, where Nomadix has

made this option available to you.

Your notice should be sent, in writing, to Nomadix via the 'Contact Us' link on our

homepage.

Nomadix may at any time, terminate the Terms with you if:

you have breached any provision of the Terms or intend to breach any provision;

Nomadix is required to do so by law;

the provision of the Services to you by Nomadix is, in the opinion of Nomadix, no

longer commercially viable.

Subject to local applicable laws, Nomadix reserves the right to discontinue or cancel your

membership at any time and may suspend or deny, in its sole discretion, your access to all

or any portion of the Website or the Services without notice if you breach any provision of

the Terms or any applicable law or if your conduct impacts Nomadix's name or reputation

or violates the rights of those of another party.

Indemnity

You agree to indemnify Nomadix, its affiliates, employees, agents, contributors, third party content

providers and licensors from and against:

all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including

legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with

your content;

any direct or indirect consequences of you accessing, using or transacting on the Website

or attempts to do so; and/or

any breach of the Terms.

Dispute Resolution

Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any

Tribunal or Court proceedings in relation to the dispute, unless the following clauses have

been complied with (except where urgent interlocutory relief is sought).

Notice:

A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give

written notice to the other party detailing the nature of the dispute, the desired outcome

and the action required to settle the Dispute.

Resolution:

On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties)

must:

Within 28 days of the Notice endeavour in good faith to resolve the Dispute

expeditiously by negotiation or such other means upon which they may mutually

agree;

If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has

not been resolved, the Parties must either agree upon selection of a mediator or

request that an appropriate mediator be appointed by the Law Society of New

South Wales;

The Parties are equally liable for the fees and reasonable expenses of a mediator

and the cost of the venue of the mediation and without limiting the foregoing

undertake to pay any amounts requested by the mediator as a precondition to the

mediation commencing. The Parties must each pay their own costs associated with

the mediation;

The mediation will be held in Sydney, Australia.

Confidential

All communications concerning negotiations made by the Parties arising out of and in

connection with this dispute resolution clause are confidential and to the extent possible,

must be treated as "without prejudice" negotiations for the purpose of applicable laws of

evidence.

Termination of Mediation:

If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has

not been resolved, either Party may ask the mediator to terminate the mediation and the

mediator must do so.

Venue and Jurisdiction

The Services offered by Nomadix is intended to be viewed by residents of Australia. In the event

of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for

resolving any dispute shall be in the courts of New South Wales, Australia.

Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy,

proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the

rights created hereby shall be governed, interpreted and construed by, under and pursuant to the

laws of New South Wales, Australia, without reference to conflict of law principles,

notwithstanding mandatory rules. The validity of this governing law clause is not contested. The

Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent

jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

Website Terms of Use

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