Terms of Service

The following terms and conditions govern all use of Presumi Pty Ltd - "Presumi" - its content, services and applications (the "Services"), including any other applications that link to this agreement. By accessing, using, or registering for the services, you confirm that you agree to these terms (the "Agreement"). If you do not agree, you may not use the Services.

About the Services

Presumi, its parent and affiliates ("we" or "us") make available the Services to you on the condition that you abide by this Agreement. The Services give users the ability to manage their job applications and create trackable resumes. We may, in our sole discretion, change any aspect of the Services or discontinue any Service without notice. The Services are based in Australia. The Services are not customized for any other country; you may use them only if they comply with the laws of the country from which you are accessing our Services.

Please read this Agreement carefully before creating, accessing or using the Services. You understand and agree that this Agreement governs your relationship with us and has the same effect as an agreement in writing.

Your Presumi account

Registration is optional; however, you will need to register with us to use certain Services and features. You must give us true and accurate information about yourself and keep that information up to date. We may deactivate an account in our discretion if we believe it violates our Terms of Service.

Security

If you create an account on the Services, you are responsible for maintaining the security of your account and you are fully responsible for all consequences and activities that occur under your account. You must not describe or assign keywords to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and we may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause us liability. You must immediately notify us of any unauthorized uses of your account or any other breaches of security.

Passwords

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Responsibility of Contributors

If you create an account, job application, trackable resume or otherwise transmit or post materials (e.g. text, graphics, applications, etc.) on the Services (any such material, "Content"), you understand and agree that you are entirely responsible for such Content that is provided by you or through your account. This includes, for example, any personal information, such as your home address, the home address of others, or your current location that you may make available about yourself on the Services. We are not responsible for the consequences of sharing or posting any personal or other information on our services.

Access

If you are accessing our Services by a mobile device, your wireless carrier may charge you fees for data, text messaging, and other wireless access or communications services. We do not guarantee that our mobile Services can be accessed through all wireless devices or service plans or are available in all geographical locations.

If you elect to store authentication information, such as an email and password, where others may access it, we are not responsible for any loss of personal data or other consequences if someone other than you uses that information to access our services. If you lose a device, such as a laptop, desktop, or smartphone, or a device is stolen containing your username and password, it is up to you to take all the steps necessary to protect yourself.

Restrictions

To use our Services, you must:

  • Comply with applicable laws and regulations and not participate in, facilitate, or further illegal activities;
  • Immediately notify us if you learn of a security breach or other illegal activity on the Services;
  • Protect your username and password;
  • Not post content that contains explicit or graphic descriptions or accounts of sexual acts or is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or tortious;
  • Not engage in an activity that is harmful to us or our customers, advertisers, affiliates, vendors, or anyone else;
  • Not use any automated process to access or use the Services or any process, whether automated or manual, to capture data or content from any Service for any reason; and
  • Not use any Service or any process to damage, disable, impair, or otherwise attack our Services or the networks connected to the Services.

You may not post content intended to provide professional advice, including the provision of medical treatment, legal advice, or investment advice. You may not post content to solicit, recommend, endorse, or offer to buy or sell any securities or other financial instruments, tout stocks, or recommend that any particular security, portfolio of securities, transaction or investment strategy is suitable for you or any specific person.

We can take any technical, legal, and other actions that we deem, in our sole discretion, necessary and appropriate without notice to you to prevent violations and to enforce this Agreement.

Your Representation to Us

By making Content available, you represent and warrant that: the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); the Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; your account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods; your account is not named in a manner that misleads your readers into thinking that you are another person or company.

Your License

By submitting Content on the Services for inclusion on your account, you grant us and our parent a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your account. If you delete Content, we will use reasonable efforts to remove it from the account, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, we have the right (though not the obligation) to, in our sole discretion (i) refuse or remove any content that, in our reasonable opinion, violates these terms or any policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of an account to any individual or entity for any reason, in our sole discretion. We will have no obligation to provide a refund of any amounts previously paid.

Fees and Payment

We may offer from time-to-time optional paid services such as analytics unlocks, resume optimisation and other features on the Services. By selecting to purchase a premium service, you agree to pay us the periodical subscription or singular fees indicated for that service. Payments will be charged on the day you request a premium service and they are not refundable.

You must designate a payment method and provide us with accurate billing and payment information. All billing information, including payment method, must be kept up to date. We will bill you for all fee-based Services through the payment method that is associated with any of your fee-based Services. You authorize and direct us to charge your designated payment method for these charges or, if your designated payment method fails, to charge any other payment method you have on file with us. Further, you authorize and direct us to retain information about the payment method(s) associated with your account. If we do not receive payment from your designated payment method or any other payment method on file, you agree to pay all amounts due upon demand by us. Every time you use a fee-based Service, you reaffirm that (a) we are authorized to charge your designated payment method; (b) we may submit charges incurred under your account for payment; and (c) you will be responsible for such charges.

Trial Services

Any trial promotion for a fee-based Service must be used within the specified time of the trial. During any free trial or other promotion, you will still be responsible for any purchases and surcharges incurred using your account. We reserve the right to limit you to one free trial or promotion of a fee-based Service and to prohibit the combining of free trials, promotions, and other offers.

Intellectual Property

The Services and the Content provided on the Services are protected by copyright and trademark and also may have security components that protect digital information. You agree that you will not take any action to interfere with anyone’s rights in their content and you will not attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of Content. This Agreement does not transfer to you any of our or third party intellectual property. Nothing in this Agreement grants you a right or license to reproduce or otherwise use any of our or third party’s trademarks, service marks, logos and trade names. Copyright and trademark owners can report alleged violations by sending an email to us.

Changes

We may modify this TOS from time to time. If you do not agree to the changes, stop using our Services (and remember to cancel any fee-based services) before the changes take effect. Your use of a Service after the effective date of any changes means that you agree to the changes. We may also, in the future, offer new services and/or features through the Services. Such new features and/or services shall be subject to the terms and conditions of this Agreement and any supplemental terms that accompany the new features.

Termination

We may terminate your access to all or any part of the Services and terminate your account at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using the Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

We supply the services "as is," "with all faults," and "as available". We do not warrant or guarantee that any information available using our services is accurate or reliable or your use of the services will be uninterrupted, secure, or free from error. We, our suppliers, and authorized distributors give no express warranties or guarantees nor implied warranties of merchantability, fitness for a particular purpose, accuracy, workmanlike effort, and non-infringment. Your only remedy for any defective software is replacement of the software. In any other dispute with us, your only remedy is to stop using your account and cancel any fee-based services.

Limitation of Liability

We, our suppliers, and authorized distributors are not liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the services. Some states do not allow us to limit our liability for consequential or incidental damages or exclude certain warranties. In those states, Presumi's liability and warranties are limited to the extent permitted by law.

General Representation and Warranty

You represent and warrant that (i) your use of the Services will be in strict accordance with our Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Services will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless us, our parent, affiliates, contractors, and licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of your account, including but not limited to your violation of this Agreement.

Miscellaneous

This Agreement along with any supplemental terms accompanying certain Services constitute the entire agreement between you and us concerning the subject matter hereof, and they may only be modified by a written amendment signed by one of our authorized executives or if we post changes to these terms.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; we may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Privacy

Any information that you provide to us is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by us.

Additional Terms

Registrations, agreements, and terms presented by us electronically to you have the same effect as one in writing and are legally enforceable as a signed writing. You also consent to receive all communications regarding our Services electronically from us. The delivery of any communication from us is effective when sent by us, regardless of when you receive or read the communication. In addition, we are not responsible for communications that do not reach you if you have not provided us with your current contact information. If you decided not to receive notices from us electronically, we may cancel your account and terminate access to the Services.

Last Updated: August, 2016

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