Terms of Service
Last updated: July 2018
In order to keep pace with changes in our Service, we review our Terms of Service from time to time to make sure they are up to date. This Agreement contains our most recent update. We encourage you to read this Agreement carefully.
IMPORTANT: BY ACCESSING OR OTHERWISE USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THIS AGREEMENT AND AGREE TO ACCESS OR OTHERWISE USE THE SERVICE IN ACCORDANCE WITH THIS AGREEMENT.
If you do not accept and agree to be legally bound by and comply with the Agreement, you are not permitted to access or otherwise use the Service.
Datasii conducts a recruitment business, specializing in recruiting permanent/ fixed and contractual workers for clients, primarily Information Technology (IT) and science analytics professionals holding positions with titles such as data scientist, data analyst, head of data, data science managers, head of analytics, analytics managers, software engineer, software developer, machine learning engineer, engineering manager and other related position titles. Datasii’s Service includes access to the Website where Personal Data is collected and used to assist you at every stage of the recruitment process.
2. Ability to Accept Terms of Service
You must be at least 18 years of age or have authorisation to access the Service offered by Datasii.
In addition, you affirm that you have not been previously suspended or removed from the Service and do not have more than one Datasii account enabling you to use the Service (“Datasii Account”).
3. Datasii Service
The Agreement applies to all users using the Service, whether as the holder of a Datasii Account (“Account Holder”) or otherwise (“User”). Information provided by our Users through the Service may contain links to third party websites that are not owned or controlled by Datasii. Datasii has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Datasii will not and cannot censor or edit the content of any third party website. By using the Service, you expressly acknowledge and agree that Datasii shall not be responsible for any damages, claims or other liability arising from or related to your use of any third party website.
4. Datasii Access
Subject to your compliance with these Terms of Service, Datasii hereby grants you permission to use the Service, provided that:
a) your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service;
5. Security and passwords
When you register with the Website or sign on when you visit the Website, you will need to use a user name and password. As an Account Holder you are solely responsible for the security and proper use of the password, which should be kept confidential at all times and not disclosed to anyone. You must notify us immediately if you believe that your password is in the possession of someone else or if it may be used in an unauthorised way. We accept no liability for any unauthorised or improper use of a disclosure of any password.
6. Transmission and Posting of Content
You, as an Account Holder, are solely responsible for your conduct and any:
a) data, text, files, information, user names, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials ("Content"); and
b) information relating to an identified or identifiable individual, including names, physical addresses, email address, IP addresses, behavioural data, location data financial information, curriculum vitaes, resumes, employment or job applications and related employment covering letters and documentation, and other related personal information (“Personal Data”)
that you submit, post, upload or display on or via the Service.
8. Intellectual Property Rights
All of the information contained on this Site is the intellectual property of Datasii Pty Ltd. All trade marks, logos, software or any other of its intellectual property rights are the exclusive property of Datasii Pty Ltd. You may not download, copy or print any of the pages of the Site except for your own personal use. No copying or distribution for any business or commercial use is allowed. No framing, harvesting, "scraping" or other manipulation of the content of the Site is permitted. You will not attempt to decipher, disassemble, reverse engineer or modify any of the software, coding or information comprised in the Site; nor will you post to the Site any material which infringes any intellectual property rights of any third party.
Datasii does not acquire ownership of any Intellectual Property Rights or other proprietary rights in respect of any Content or Personal Data posted through the Service, including that created by Account Holders or other Users. Intellectual Property rights in such Content and Personal Data will always remain with the relevant creator or other copyright owner but are licensed on a non-exclusive basis to Datasii for the purposes only of providing the Service.
By using the Service, you confirm that any Content and Personal Data you post to the Service will not infringe any other person’s Intellectual Property Rights or any law.
9. Changes to the Service
You accept that the Service may evolve and change over time. Datasii reserves the right at any time to modify, adapt, suspend or discontinue, whether temporarily or permanently, the Service (or any part of it) with or without notice to you. To the extent permissible at law, Datasii will not be liable to you or to any third party for any modification, adaptation, suspension or discontinuance of the Service.
10. Disruption of and Modifications to Service
Datasii will take all reasonable steps to ensure that the Service functions as intended. However, you acknowledge that your access to the Service may be disrupted or interrupted as a result of, including, without limitation, malfunction, updating, upgrades, maintenance or repair of the Service or due to failure of telecommunications links and/or equipment or for any other reason within or outside our control.
To the extent permissible at law, Datasii shall not be liable for any loss or damage caused or suffered as a result of any partial or total breakdown of, or inability to use, the Service. Datasii will use reasonable endeavours to promptly address (during normal business hours) technical issues that arise in relation to the Service.
You agree that use of the Service is at your own risk and that Datasii does not warrant that the Service will meet your specific requirements, or that use of the Service will be uninterrupted, timely, secure, or error-free.
Datasii reserves the right to remove any Content and/ or Personal Data from the Service for any reason, without prior notice. Content and/ or Personal Data removed from the Service may continue to be stored by Datasii, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Datasii encourages you to maintain your own backup of your Content and Personal Data. In other words, Datasii is not a backup service and you agree that you will not rely on the Service for the purposes of Content and Personal Data backup or storage. Datasii will not be liable to you for any modification, suspension, or discontinuation of the Service, or the loss of any Content and/ or Personal Data.
We may at our absolute discretion deny you access to this Site (which may include any of the services or information available through it) or any part of it at any time without explanation.
12. Prohibited Activities
In addition to the other restrictions outlined in these Terms of Service, you agree that you will not:
a) Use the Service for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited in these Terms of Service;
b) Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying the Service, or that could damage, disable, overburden or impair the functioning of the Service in any manner;
c) Defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Datasii Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
e) Compromise the security of the Services;
f) Send any unsolicited or unauthorised advertising, spam, solicitations or promotional materials;
g) Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Service or to extract data;
h) Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Service;
i) Use or attempt to use another User's account without authorisation;
j) Attempt to circumvent any content filtering techniques we employ, or attempt to access areas/features of the Services that you are not authorised to access;
Impersonate any person or entity or otherwise misrepresents your affiliation with a person or entity;
k) Develop any third party applications that interact with User Content or the Service without our prior written consent; and
l) Use the Service for any illegal or unauthorised purpose or engage in, encourage, or promote any activity that violates these Terms.
13. Other Conditions of Use
In addition to the other conditions outlined in these Terms of Service, you agree that:
You are solely responsible for your interaction with other Users of the Service, whether online or offline. You agree that Datasii is not responsible or liable for the conduct of any User. Datasii reserves the right, but has no obligation, to monitor or become involved in disputes between you and other Users.
You agree that you are responsible for all data charges you incur while using the Service.
You shall be liable for all action taken by any person that has obtained access to your Datasii Account or other breach of privacy or security.
Datasii will treat Personal Data as confidential and will make every reasonable effort to keep Personal Data and confidential information confidential and secure. It will not disclose this information except:
a) as necessary to perform Datasii’s recruitment function; or
b) to Datasii’s personnel and any service provider that Datasii works with where necessary to operate the Service; or
c) where the information has been made anonymous or is aggregated into de-personalised information; or
d) if the relevant Account Holders give Datasii permission to do so; or
f) if required or permitted by law.
As internet transmissions cannot be guaranteed to be entirely secure in all aspects (including in relation to unauthorised use and disclosure of Personal Data), you acknowledge and agree that you use this Service at your own risk, and you should only proceed to use the Service if you accept this condition.
15. Questions and Comments
Datasii Pty Ltd
Please provide sufficient detail about the information in question to help us locate it.
16. Limitation of Liability
The information contained on this Website is given in good faith and Datasii uses all reasonable efforts to ensure that it is accurate. However, Datasii gives no representation or warranty in respect of such information and all such representations and warranties, whether express or implied, are excluded.
In no event or circumstances shall Datasii be liable to any person, whether under contract, tort, strict liability, negligence or otherwise at law for any special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, or for any loss of profit, use, content, data, opportunity, revenue or business, whether caused by any User, Datasii, its employees, agents, Clients or any other persons acting on its behalf. To the extent permissible at law the total liability of Datasii for any loss arising from or in connection with this Agreement, or the use of the Service, will not in any circumstances exceed $100. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You agree to defend, indemnify and keep indemnified, Datasii, its affiliated companies and its respective officers, directors, employees, agents, representatives, contractors, licensees and successors against any and all claims, demands, obligations, losses, liabilities, costs (including legal fees) or damages incurred and suffered from the use of and access to the Service, including (without limitation) as a result of any:
b)violation of any Intellectual Property or other rights of a third party, or privacy right, by you or any person using your Account or username and password (whether with or without your permission); or
c) your access or use of the Service, or Content and/ or Personal Data posted by you or on your behalf through or at the Service.
This Indemnity clause will survive this Agreement and your use of the Service.
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you.
Datasii may transfer, assign or sub-license its obligations under this Agreement and its rights and obligations without your consent.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH DATASII AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
You and Datasii agree to arbitrate any dispute arising from these Terms or your use of the Service, except that you and Datasii are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of any Intellectual Property.
ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
You and Datasii agree (a) that any arbitration will occur in New South Wales, Australia; (b) that arbitration will be conducted confidentially by a single arbitrator; and (c) that the state or federal courts of New South Wales, Australia have exclusive jurisdiction over any appeals of an arbitration award and over any suit, if any, between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND CARINGLIFE WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING.
This Agreement shall be governed by and construed in accordance with the laws of New South Wales, and the parties submit to the exclusive jurisdiction of the New South Wales courts for any matter arising under or relating to this Agreement.
21. Use of subcontractors
You agree that Datasii may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service and store and manage the Content and/ or Personal Data.
Nothing in this Agreement shall be construed as excluding or overriding any mandatory terms imposed under any legislation applicable to this Agreement or its performance.
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or removed to the minimum extent necessary so that this Agreement shall otherwise remain in full effect.
23. Amendments to this Agreement
This Agreement may be amended or replaced from time to time, with or without prior notice to Users, by posting an updated Agreement on the Website. Any updated Agreement becomes effective as soon as it is posted. If any updated Agreement constitutes a material change to this Agreement, Datasii will endeavour to post an announcement on the Website. Your continued use of the Service and/or Website following any amendment constitutes your acceptance of any updated Agreement. If you do not agree to any updated Agreement you must cease use of the Service and cancel your Account.