About the Website
Welcome to dukemed.com.au (the “Website”). The Website is operated by Dukemed Pty Ltd (ACN 645 211 347) (“Dukemed”). The Website provides:
individuals with the opportunity to upload their resumes; and
businesses with the opportunity to view information relating to the recruitment services provided by Dukemed (Content).
Access to and use of the Website, or any of its associated services, is provided by Dukemed. Please read these terms and conditions (the “Terms”) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of its services, immediately.
Acceptance of the Terms
You accept the Terms by visiting the Website. You may also accept these Terms by engaging Dukemed to provide services to you from time to time.
You may be required to register for an account through the Website to access certain features of the Website (the Account).
To create the Account, you must be:
at least 18 years of age;
possess the legal right and ability to enter into a legally binding agreement with Dukemed; and
agree and warrant to use the Website in accordance with the Terms.
When you register and activate your account, you will provide us with personal information such as:
your personal details such as your name, gender, address, email address, telephone number, date of birth;
your education and qualifications;
your work experience;
your referees including their names and contact details; and
any other information relevant to your possible work placements and provided to us.
You warrant that any information you give to the Company in the course of completing the registration process will always be accurate, correct and up to date.
When you register and activate your account, the Company may provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.
Copyright and Intellectual Property
The Website, the Content and all of the related services of Dukemed are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Content are owned or controlled for these purposes, and are reserved by Dukemed or its contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by Dukemed. Under no circumstances does Dukemed grant you any right to use this information other than for the sole purpose of using the Website pursuant to the Terms and for your own personal and non-commercial use.
Dukemed retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any:
business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
You may not, without the prior written permission of Dukemed and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause 5, and to the extent permitted by law:
all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
Dukemed we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Content or these Terms (including as a result of not being able to use the Content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website and the Content is at your own risk. Everything on the Website and the Content is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Dukemed make any express or implied representation or warranty about the Content or any services or Content (including the services or Content of Dukemed) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful components, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
the accuracy, suitability or currency of any information on the Website, the Content, or any of its Content related services (including third party material and advertisements on the Website);
costs incurred as a result of you using the Website, the Content or any of the services of Dukemed; and
the content or operation in respect to links that are provided for your convenience.
Limitation of liability
Dukemed’s total liability arising out of or in connection with the Content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the content to you.
You expressly understand and agree that Dukemed, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability, which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
Dukemed may at any time, terminate the Terms with you if:
you have breached any provision of the Terms or intend to breach any provision;
Dukemed is required to do so by law;
Dukemed is transitioning to no longer providing the content in the country in which you are resident or from which you use the service; or
the provision of the content to you by Dukemed is, in the opinion of Dukemed, no longer commercially viable.
When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Dukemed have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to the Website, including but not limited to:
any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
using the Website to defame or libel Dukemed, its employees or other individuals;
uploading files that contain viruses that may cause damage to Dukemed’s property or the property of other individuals;
posting or transmitting to the Website any non-authorised material including, but not limited to, material that is, in Dukemed’s opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of Dukemed’s systems or a third party's systems or network security.
If Dukemed allows you to upload any information, Dukemed has the right to take down this information at its sole discretion and without notice.
The Website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, Dukemed does not endorse and is not responsible for the content on those linked websites and has no control over or rights in those linked websites.
Venue and Jurisdiction
The Content offered by Dukemed are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.