TERMS AND CONDITIONS

Published Nov. 1, 2023

Overview

This page states the terms of use (“terms”) under which you (“you”) may use our FIRST STOP EXPERTS website. Please read them carefully as they affect your rights and liabilities under the law. If You do not agree to these Terms, please do not register for an account or use our website. These Terms are effective on the date they are published on our website.

Binding Agreement and Variations

1. Our website is provided to you for your use subject to these Terms. These Terms form a binding agreement between you and FIRST STOP EXPERTS LIMITED (ACN 080 075 314). By accessing or using our website you agree to accept and be bound by these Terms.
2. We may update these terms from time to time and the updated version will apply to you. We will alert you about any changes by updating the “Last Updated” date of these terms and you waive any right to receive specific notice of each change.
3. If we reasonably believe that changes to these terms will be materially detrimental to users, we will provide a notice on our website 30 days prior to the changes taking effect.
4. If you do not wish to accept the new terms, you should not continue to use our website. If you continue to use our website, your use will indicate your agreement to be bound by the new terms.
5. Your use of our website may be subject to another agreement/s with a FIRST STOP EXPERTS entity (e.g., the Advertising Terms of Use). In the case of any conflict between these terms and any other such agreement/s, the other agreement/s will prevail.

Registration

1. By registering an account on our website, you represent and warrant that you are capable of entering into a legally binding contract in the country in which you live.
2. You represent and warrant that the details provided by you to us on registration (or at any time) are correct and complete.
3. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details so that we can communicate with you effectively.

Payment

a. You may voluntarily enroll in an automatic renewal of your account during the registration process.

b. If you have opted for automatic renewal, all payments due will automatically be deducted from your designated savings or checking account or credit card on or before your due date. If your designated account does not contain sufficient funds or your credit card is declined on the payment due date, you will be responsible for the payment and any fees associated with the failed payment.

c. You will be provided with a first email notification of the upcoming renewal charge for your account one month prior to the renewal date and a second email notification of the upcoming renewal charge for your account one week prior to the renewal date. The email notification will be sent to the email address you provide to our website for the purpose of communication. You are solely responsible for informing us of any changes to your email address associated with your account.

Password and Security

1. When you register an account through our website, you will be asked to create a password. In order to prevent fraud, you must keep your login details confidential and must not disclose them or share them with anyone. You agree to immediately notify us of any unauthorized use of your login details or any other breach of security that is relevant to us.
2. If we have reason to believe that there is likely to be a breach of security or misuse of our website, we may require you to change your login details or we may suspend your account.
3. You are entirely responsible if you do not maintain the confidentiality of your login details. Furthermore, you are entirely responsible for any and all activities that occur within or through your account. You may change your password at any time by following the instructions in ‘Settings.’
4. If you do not maintain the confidentiality of your login details:

1. all resulting losses or damage incurred by us or you shall be borne by you; and
2. you shall fully indemnify us should we suffer any loss or damage.

Intellectual Property

1. FIRST STOP EXPERTS owns all intellectual property rights associated with our website. Our content and marks are protected by copyright and trademark.
2. We do not own any pre-existing intellectual property owned by you (an example of which may be your company logo). However, you agree to provide us with a perpetual, non-transferable, royalty free license to use your intellectual property in the products and services we provide (or make available) to you. If you withdraw this license, we may be unable to provide certain products and services to you.
3. Unless otherwise expressly permitted by us, the materials and content on our website must only be used for your personal, non-commercial purposes. You must keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for non-personal or commercial purposes any of the materials or content on our websites and apps without prior written permission from us.
4. We welcome ideas and feedback from you about all aspects of our website. You agree that we may reproduce, distribute, transmit, create derivative works of, or publicly display any materials and other information (including ideas for new or improved products and services) that you submit to any public areas of our website or directly to us (e.g., by email). You understand that you will not be compensated for your ideas and feedback, even if we subsequently make changes to our website (including products and services) following receipt of your ideas and feedback. If required by law, you will formally transfer any intellectual property or other rights in your ideas and feedback to us for nominal consideration.

Availability of Our Website

1. Although we aim to offer you the best service possible, we make no promise that our website will meet your requirements.
2. We cannot guarantee that our website will be uninterrupted, fault-free, error-free or that our website and servers are free of viruses or other harmful mechanisms. If a fault occurs with our website, you should report it to us and we will attempt to correct the fault as soon as we can.
3. Your access to our website may be occasionally restricted to allow for repairs, maintenance or the introduction of new content, facilities or services. We will attempt to restore access and/or service as soon as we reasonably can.
4. You also understand that we cannot and do not guarantee or warrant to you that files available for downloading through our website or delivered via electronic mail through our website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to our websites and apps for the reconstruction of any lost data.

Your Use of Our Website

1. We hereby grant you a limited, terminable, non-exclusive right to access and use our website.
2. You may not use our website for any of the following purposes:

1. disseminating any unlawful, illegally discriminatory, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material or otherwise breaching any laws;
2. aggregating, copying or duplicating in any manner any of the content or information available from any of our websites and apps, including expired job postings;
3. reproducing any of the content for general use;
4. linking to any content or information available from any of our websites and apps unless we permit otherwise;
5. transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or codes of practice;
6. interfering with any other person’s use or enjoyment of our website; or
7. making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

1. You agree not to resell or assign your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of our website.
2. You may not use data mining, robots, screen scraping or similar automated data gathering, extraction or publication tools on our website (including without limitation for the purposes of establishing, maintaining, advancing or reproducing information contained on our website on your own website or in any other publication), except with our prior written consent

Your Use of Our Services

All Users of this website agree to not:

1. transmit, post, distribute, store or destroy material, including without limitation content, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information, or in breach of our Privacy Policy;
2. violate or attempt to violate the security of any of our website, including, without limitation, accessing data not intended for them or logging into a server or account which they are not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication measures without proper authorization, attempting to interfere with service to any user, host or network or sending unsolicited e-mails, including promotions and/or advertisements for products or services. Violations of system or network security may result in civil and/or criminal liability. We will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations;
3. reverse engineer or decompile any parts of our website;
4. aggregate, copy or duplicate in any matter any of the content or information available from our website other than as permitted by these Terms or another agreement we have with you;
5. post any content or material that facilitates, promotes or endorses scams, false or misleading information or illegal activities OR endorses or provides instructional information about illegal activities or other activities prohibited by these Terms, such as making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating media OR promotes or endorses any political views;
6. share with a third party any login credentials to our website;
7. access data not intended for you or logging into a server or account which you are not authorized to access;
8. post or submit to our website any inaccurate, incomplete, misleading, false, not up to date biographical information or information which is not your own;
9. post content that contains restricted or password-only access pages, or hidden pages or images;
10. solicit login details from other users;
11. delete or alter any material posted by any other person or entity;
12. harass, incite harassment or advocate harassment of any group, company or individual;
13. send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting and/or advertising products or services to any user, or contact any users that have specifically requested not to be contacted by you;
14. attempt to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to our website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing” (or similar activity);
15. use our services for any unlawful purpose or illegal activity, or post or submit any content or profile that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, harassing, abusive, hateful, racist, illegally discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined at our discretion; or
16. post any profile or resume which is not a genuine profile or resume and which attempts to advertise or promote products or services.

User Content and Submissions

1. You understand that all user content is the sole responsibility of the person from which such user content originated.
2. You understand and acknowledge that all information provided by you, your profile, resume and/or account information shall be stored in our databases.
3. By submitting, posting or displaying user content on or through our website, you grant us, subject to your privacy setting and applicable laws, a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such user content through our website. We will discontinue this licensed use within a commercially reasonable period after such user content is removed from our website. We reserve the right to refuse to accept, post, display or transmit any user content in our sole discretion.
4. If you post user content in any public area of any of our website, you also permit any user to access, view, store and reproduce such user content for personal use.
5. We may review and remove any user content that, in our sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, users of our website. We reserve the right to expel users and prevent their further access to our website and/or use of our services for violating the Terms or applicable laws, rules or regulations. We may take any action with respect to user content that we deem necessary or appropriate in our sole discretion if we believe that such user content could create liability for us, damage our brand or public image, or cause us to lose users.
6. We do not represent or guarantee the truthfulness, accuracy or reliability of user content, derivative works from user content, or any other communications posted by users nor do we endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.

Our Right to Suspend or Cancel Your Account

1. We may suspend or cancel your account registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms.
2. You can cancel your account registration at any time.
3. The suspension or cancellation of your account registration and your right to use our website shall not affect either party’s statutory rights or liabilities.
4. If you have an employer account with us, the Advertising Terms of Use determine the circumstances in which we can suspend or cancel your account.

Terms and Termination

1. These Terms as may be amended from time to time will remain in full force and effect and binding upon you at all times while you are a user of our website or any portion thereof or any of our services.
2. We reserve the right, at our sole discretion, to pursue all of our legal rights and remedies hereunder or at law which may include, but shall  not be limited to:

1. removal of your user content from our website;
2. immediate termination of your account registration;
3. removing or restricting your access to our website and/or any of our services.

1. Even after you are no longer a user of our website, provisions of these Terms that are capable of surviving will remain in effect.

Our Liability

1. We are not responsible for user content, the quality, safety or legality of information posted, nor the truth or accuracy of the listings on our website.
2. We do not endorse or recommend any of the businesses or individuals advertised on our website and we strongly recommend that prior to entering into any agreement with any of the advertisers on our website, that you obtain your own independent legal, accounting, financial, taxation, or other professional advice as appropriate. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through our website or on the internet generally.
3. We reserve the right in our sole discretion to remove any user content from our website from time to time.
4. Our website also provides content from other internet sites or resources and while we try to ensure that material included on our website is correct, reputable and of high quality, we do not make any warranties or guarantees in relation to that content.
5. Note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through our website. Other people’s information may be offensive, harmful or inaccurate, and in some cases may be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using our website.
6. Our website and content may contain inaccuracies or typographical errors. We make no representations about the accuracy, reliability, completeness or timeliness of any of our website or the content. The use of any of our website and the content is at your own risk.
7. Nothing on our website shall be considered an endorsement, representation or warranty with respect to any user or third party, whether in regard to any user or third party’s websites, products, services, hiring, experience, employment or recruiting practices or otherwise.
8. While we take all due care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the internet or while stored on our systems or on our websites and apps. We disclaim all liability to you to the greatest extent possible pursuant to law should this occur.
9. If we are in breach of these Terms or have any other legal liability to you (to the extent it cannot be excluded under law), we will only be responsible for any losses that you suffer as a direct result of your use of our website and to the extent that such losses are a foreseeable to both of us at the time you use our website. Our liability shall not in any event include business losses such as lost data, lost profits or business interruption.
10. Our liability for breach of a term (whether implied or otherwise) which cannot be excluded by law, is limited at our option to either, the supply of the products or services (or the equivalent products or services) again or the payment of the cost of having the products or services supplied again.
11. In the event we cannot exclude liability under law, the aggregate liability of the FIRST STOP EXPERTS to you for all claims arising from your use of our website and/or our services shall be limited.

Disclaimers

1. We shall not be liable for any loss of information caused as a result of any interruption, suspension or termination of our services or for content, accuracy or quality of information available or transmitted through our services.
2. You acknowledge and agree that it is not our policy to exercise editorial control over and to edit or amend any data or contents of any emails or posting or any information that may be inserted or made available or transmitted to or from a third party in or through our website.

Third Party Websites

We may provide links and pointers to internet sites maintained by third parties from our website. Such linked sites are not under our control and we are not responsible for the contents (including the accuracy, legality or decency) of any linked site or any link contained in a linked site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the linked site. We are not responsible for the copyright compliance of any linked site. We will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third-party service.

Advertising and Sponsorship Policy

1. Part of our website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our website complies with relevant laws and codes.
2. We reserve the right to refuse to run any advertisements that, in our sole discretion, are not suitable for publication on any of our website.
3. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.

Indemnity

1. You agree to defend, indemnify and hold harmless to the extent allowed by law the FIRST STOP EXPERTS and its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions, proceeding, suits, obligations, losses, damages, fines, penalties, charges, demands, settlements, costs or expenses of every kind and nature, including without limitation reasonable fees, expenses or disbursements of attorneys, accountants and other professionals imposed upon, arising from or otherwise relating to:

1. any user content or other material you provide to any of our website;
2. Your use of any content; or
3. Your breach of these Terms.

2. We shall provide notice to you promptly of any such claim, suit or proceeding.

Contracting Parties & Governing Law

1. Your contractual relationship is with FIRST STOP EXPERTS LIMITED (ACN 080 075 314).
2. These Terms are governed by the laws of the United States and California.
3. FIRST STOP EXPERTS reserves the right to assign or novate these Terms (or any aspect of these Terms) to any member of the FIRST STOP EXPERTS without your consent.

International Use & Translations

1. We make no promise that materials on our website are appropriate or available for use in your location, and accessing our website from areas where its contents are illegal or unlawful is prohibited. If you choose to access our website from your location, you do so on your own initiative and are responsible for compliance with local laws.

Miscellaneous

1. You may not transfer any of your rights or obligations under these Terms to any other person. We may transfer our rights or obligations under these Terms to another business where we reasonably believe your rights will not be materially affected.
2. If you breach these Terms and we do not act, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms.
3. We shall not be responsible for any breach of these Terms caused by circumstances beyond our reasonable control.
4. If any of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms and all provision not affected by such invalidity or unenforceability shall remain in full force and effect.
5. Any member of the FIRST STOP EXPERTS may assist in providing the relevant products and services to you.

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