This website (Site) is operated by Fresh Talent Pty Ltd T/a The Proptech Connection (ABN: 33 629 252 928) (we, our or us). These Terms apply to your use of, and access to, the Site, including any of its features.
Information and availability
While we use reasonable attempts to ensure the accuracy and completeness of the content and materials on the Site (Content), to the extent permitted by law (including the Australian Consumer Law), we do not warrant the accuracy, completeness or suitability of any of the Content. The Content may be subject to change without notice and we do not undertake to keep the Site up-to-date. The Content is factual information only, is not comprehensive and is for general information purposes only. We also do not warrant that access to the Site will be uninterrupted, error-free or free from viruses.
Intellectual Property rights
Unless otherwise indicated, we own or license the Content and all intellectual property rights (including any copyright, registered or unregistered designs, illustrations, artwork, patents or trade mark or logo rights and domain names) displayed or used on the Site (Our Intellectual Property).
You must not use the Site, or any of the Content, for your commercial purposes, including, for example, to advertise your own business or for any other revenue generation activity and you must not use the Site, including the Content, in any way that competes with our business.
Subject to the above, your use of, and access to, the Site and the Content does not grant or transfer to you any rights, title or interest to Our Intellectual Property. Unless otherwise permitted in these Terms, you must not:
- copy or use, in whole or in part, any of Our Intellectual Property;
- reproduce, retransmit, distribute, display, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property; or
- breach any intellectual property rights connected with Our Intellectual Property, including altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website or platform, or creating derivative works from Our Intellectual Property.
Nothing in the above clause restricts your ability to publish, post or repost Content or Our Intellectual Property on your social media page or blog, provided that:
- you do not assert that you are the owner of the Content or Our Intellectual Property;
- unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
- you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
- you comply with all other terms of these Terms.
Content you upload or send to us
We encourage you to interact with the Site and to connect with us. You may be permitted to post, upload, publish, submit or transmit relevant information and content, such as a business plan (User Content) on the Site.
If you make any User Content available on or through the Site, you grant to us a worldwide, revocable, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, distribute, transmit, such User Content for our internal business purposes.
Due to the large number of User Content we receive, and the related materials that we review or develop ourselves, we may independently develop or endorse similar intellectual property to the User Content. We do not have any liability or obligation to you in respect of the User Content in the absence of our express written agreement to do so.
You agree that you are solely responsible for all User Content that you make available on or through the Site. You represent and warrant that:
- you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
- neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content. To the maximum extent permitted by law, you are liable for, and agree to indemnify us and hold us harmless in respect of, any liability that we may suffer, incur or otherwise become liable for, arising from or in connection with any claim by a person that any of your User Content infringes the intellectual property rights of any person.
We may make available on the Site a ‘Jobs’ page, which allows businesses in the prop-tech space looking for suitable workers (Job Lister) to post a job description advertising the available role (Job Listing), and allowing willing individuals to apply for the job (Applicant). It is free to post a Job Listing and to apply on a Job Listing.
When applying on a Job Listing on the Site as an Applicant, you agree that:
- you will only apply on a Job Listing for yourself as the Applicant;
- we are posting the Job Listing based on the information provided by the Job Lister, and are not responsible for its accuracy, completeness, lawfulness, or ensuring it is up-to-date;
- we do not endorse or verify any of the Job Listers who post a Job Listing on our Site;
- we are not involved in the recruitment process in any way, and all communication in relation to the Job Listing should be directed to the Job Lister;
- we will send all information (including personal information) that you make available in your Job Listing application to the Job Lister, and you consent to this disclosure; and
- we are not responsible for any breach of any laws by the Job Lister, including any privacy laws.
When posting a Job Listing on the Site as a Job Lister, you agree that:
- you must provide us with, and you are solely responsible for, the wording to be uploaded into the Job Listing;
- in our discretion, we may remove a Job Listing at any time. We may also edit a Job Listing where we reasonably believe the Job Listing contains unlawful, discriminatory or unsavoury language;
- where you ask us to post the Job Listing on a certain date, this date is approximate, and we make no guarantees when the Job Listing will be live on our Site;
- you are responsible for keeping the Job Listing up-to-date, including promptly removing the Job Listing once the position has been filled;
- we are not involved in the recruitment process in any way, and will not be vetting or altering any Applicant’s application. We do not endorse or verify any of the Applicants who apply for a role with you through a Job Listing; and
- you are responsible for handling the Applicant’s personal information in accordance with any relevant privacy laws.
Third party sites
The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us.
Our liability is limited
You may have certain rights under the Australian Consumer Law in relation to the Site and the Content, and you may contact us for more information about this. Despite anything to the contrary, to the maximum extent permitted by law (including the Australian Consumer Law), we exclude all liability for any loss or damage of any kind (including consequential loss, indirect loss, loss of profit, loss of benefit, loss of opportunity or loss of reputation) whether under statute, contract, equity, tort (including negligence), indemnity or otherwise arising out of or in connection with the Site or the Content.
What happens if we discontinue the Site
We may, at any time and without notice, discontinue the Site (in whole or in part), or exclude any person from using our Site.
Which laws govern these Terms
These Terms are governed by the laws of New South Wales. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
Conduct we don’t accept
You must not do or attempt to do anything that is unlawful, which is prohibited by applicable law, which we would consider inappropriate or which might bring us or the Site into disrepute. This includes:
- anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
- using the Site to defame, harass, threaten, menace or offend any person;
- using the Site for unlawful purposes;
- interfering with any user of the Site;
- tampering with or modifying the Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with the Site, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with the Site;
- using the Site to send unsolicited electronic messages;
- using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
- facilitating or assisting a third party to do any of the above acts.
Changes to these Terms
We may, at any time and at our discretion, vary these Terms by publishing the varied terms on the Site. We recommend you check the Site regularly to ensure you are aware of our current terms.
For any questions and notices, please contact us at:
Fresh Talent Pty Ltd T/a The Proptech Connection ABN 33 629 252 928
Last update: 8 July 2022
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