Wottel Terms and Conditions
Your use of the Wottel App owned by Wottel Pty Ltd ACN 621 003 049 ("we", "our" "us" or “Wottel”) is subject to:
• any other terms, conditions, notices or disclaimers displayed on the Wottel App.
By using the Wottel App you are deemed to accept these Terms and agree to be bound by them.
Changes to the Terms
We may change the Terms from time to time by publishing an updated version on the Wottel App. By continuing to use the Wottel App you are deemed to have accepted the updated Terms and agree to be bound by them.
Copyright and trademarks
Copyright in the material and trademarks on the Wottel App are owned by Wottel Pty Ltd ACN 621 003 049 unless otherwise indicated and you agree that you will not infringe any intellectual property rights owned by Wottel. You may download material from the Wottel App for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way, any material from the Wottel App including code and software.
Registration required to access
To become a registered user, you must provide all information, required by Wottel, from time to time, to create an active account. You must keep your registration details confidential and you will be entirely responsible for any and all activities that occur under your registration. You agree to immediately notify Wottel of any unauthorised use of your account or any other breach of security known to you.
No unlawful, infringing or offensive activity
You must not post, upload or transmit to or via the Wottel App any information, material or otherwise use the Wottel App for any activity which breaches any laws or regulations including misleading and deceptive conduct, infringes a third party’s rights or privacy or is contrary to any relevant standards or codes, including generally accepted community standards. You must also not permit or enable another person to do any of those things.
No viruses or other interference
You must not transmit to or via the Wottel App any virus or other information or material or otherwise use the Wottel App in a way which:
• tampers with, hinders the operation of or makes unauthorised modifications to the Wottel App;
• inhibits any other user from using the Wottel App;
• defames, harasses, threatens, menaces or offends any person; or
• contains obscene, indecent or inflammatory material including material that could give rise to civil or criminal proceedings.
You must not permit or enable another person to do any of those things.
Content that you submit to the Wottel website for employment
This section applies to the personal and other information you supply to us through the Wottel App when seeking employment.
You grant to us, a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable licence to use, reproduce, modify, adapt, publish or communicate to any employer who registers their details with us (Job Agencies), your content for the reasonable purposes of our business, and the right to sub-license those rights to others. You also consent to any act or omission that would otherwise infringe any of your rights (including your moral rights) in your content.
You warrant that you have the right to grant the above licence, that our exercise of the licence rights above will not infringe the intellectual property rights of any person, and that the content is not defamatory and does not breach any law. We may monitor or review your content, but we are not obliged to do so. We may also alter or remove any of your content at any time to ensure the operational integrity of our services.
No warranties or representations
To the maximum extent permitted by law, we do not represent or warrant that the content on the Wottel App is accurate, reliable, suitable, or complete.
In particular, although we use reasonable care and skill in providing the Wottel App, we cannot promise that the Wottel App will be continuously available, virus or fault-free or free from unauthorised interception by third parties.
No guarantees of employment
While we take efforts to ensure that Job Agencies are legitimate for the purpose of providing employment services through the Wottel App, we cannot guarantee to you that you will not receive unsolicited calls from those Job Agencies or guarantee any representations made by the Job Agencies through the Wottel App or by any other means.
We may suspend or terminate your access
We may suspend or terminate your account at any time, if you breach these Terms, at our sole discretion.
Storing of information
We may store your information in hard copy or electronic format, and keep it in storage facilities that we own and operate ourselves, or that are owned and operated by our service providers.
We use a combination of technical solutions, security controls and internal processes to help us protect your information and our network from unauthorised access and disclosure.
Waiver, Release and Limitation of Liability
You agree that to the extent permitted by law neither we, nor our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers (including Job Agencies) shall have any liability to you under any theory of liability or indemnity in connection with your use of the Wottel App. You hereby release and forever waive any and all claims you may have against us or our officers, directors, employees, agents, information providers, partners, advertisers, licensors, suppliers or Job Agencies (including but not limited to claims based upon our negligence or the negligence of the parties listed above for any loss or damage you sustain in connection with your use of the Wottel App.
Our liability for any claim arising from a breach of any term or condition implied by any law which may not be excluded will be limited to the maximum extent permissible which, in the case of services, will be to the re-supply of the relevant services by Wottel.
Notwithstanding the above, except where such limitation is prohibited by law, in no event shall we, our officers, directors, employees, agents, information providers, partners, advertisers, licensors, suppliers or Job Agencies be liable to you for any loss or damage and their liability for all other loss or damage, whether direct or indirect, special, incidental, consequential or punitive, arising from any use of the Wottel App is hereby excluded even if we or our officers, directors, employees, agents, information providers, partners, advertisers, licensors, suppliers or Job Agencies have been advised of the possibility of such damages.
Neither we, nor any of our affiliates, directors, officers or employees or Job Agencies will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of the Wottel App, or resulting from the act or omission of any other party involved in making the Wottel App or the information contained therein available to you, or from any other cause relating to your access to or your inability to access the Wottel App or that information, whether or not the circumstances giving rise to such cause may have been within our control.
You agree to indemnify, defend and hold harmless us and our officers, directors, employees, agents, information providers, partners, advertisers, licensors, suppliers and Job Agencies from and against all losses, expenses, damages and costs, including reasonable solicitor's fees, resulting from any violation of these Terms or any activity related to your account (including infringement of third parties' intellectual property rights anywhere in the world or negligent or wrongful conduct) by you or any other person accessing the Wottel App or using your account.
If there is an inconsistency between these Terms or any other terms displayed on the Wottel App, those terms will prevail to the extent of the inconsistency.
No waiver for breaches
If we do not act in relation to a breach of the Terms by you, we do not waive any rights to act in relation to that breach or any later breach by you. If you do not act in relation to a breach of the Terms by us, you do not waive any rights to act in relation to that breach or any later breach by us.
Our relationship with you
Our relationship with you under these Terms is one of independent contractors and not of partnership, joint venture or principal and agent.
The Terms are governed by the law in force in the State of Queensland, Australia.