Terms of Use

August 16, 2023

By accessing and using the Website, you agree to be bound by these Terms. If you do not accept these Terms, please stop using the Website.

1.    Definitions

Content means all content and information available through the Website, whether written, visual, audio or audio-visual.

Intellectual Property Rights means all intellectual and industrial property rights and interests of whatever nature throughout the world conferred under statute, common law or equity, and includes rights in respect of, or in connection with, copyright, trade marks, domain names, designs, patents, confidential information, trade secrets, know-how, business or company names, or other proprietary rights (whether registered, unregistered or not registrable) and any rights to register such rights.

Personal Information means information or an opinion about an identified individual, or an individual who is reasonably identifiable:
(a) whether the information or opinion is true or not; and(b) whether the information or opinion is recorded in material form or not.

Terms means these terms and conditions of use.

Website means the website www.yellowcanary.com.au and any other websites on which these Terms appear.

Yellow Canary, we, us, our means Yellow Canary Holdings Pty Ltd (ACN 628 009 021).

2.    Application of the Terms

2.1  The Website is owned and operated by Yellow Canary.

2.2  Through the Website, from time to time you may be able to:

(a) access the Content;

(b) apply for employment with us;

(c) access and submit an inquiry form to contact us.

In consideration for the payment of the Fees set out in a Statement of Work, Yellow Canary will provide the Client with the Services set out in that Statement of Work during the Term of that Statement of Work.

2.3  We may amend these Terms from time to time without notice. Any amendment will be effective immediately upon being posted on the Website. Your continued use of the Website after any amendment becomes effective will constitute your agreement to be bound by these Terms, as amended.

2.4  We reserve the right to vary or modify the Content or other information contained on or available via the Website and to change or discontinue any feature or part of the Website, without notice and without liability.

3.    Information provided by you

3.1  You may be prompted to submit certain information when accessing and using the Website.

3.2  The information you may be prompted to provide may include, but is not limited to, your name, phone number, email address and employment documentation, including your curriculum vitae.

3.3  You are responsible for all information you submit via the Website. You warrant that that information:(a) is accurate, complete and not misleading; and(b) does not infringe the rights (including Intellectual Property Rights) of any third party.

4.    Security of information

4.1  No data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information provided by you which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk.

4.2  Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

5.    Privacy

5.1  Our privacy policy sets out the types of Personal Information we collect, how we collect, use and disclose that Personal Information, and your rights. A copy of our privacy policy can be found at Privacy Policy.

5.2  By providing us with your Personal Information through the Website, your consent to us collecting, using and disclosing your Personal Information in accordance with our Privacy Policy.

5.3  We reserve the right to change our Privacy Policy from time to time without notice. Please visit the Website regularly and check our current Privacy Policy.

6.    Disclaimer

6.1  The Website and Content is provided by us in good faith on an “as is” basis.

6.2  To the maximum extent permitted by law:

(a) all warranties, representations and any liability which may arise in relation to your access to or use of the Website or the Content is expressly excluded. Specifically, we do not warrant, guarantee or make any representation:

(i) regarding the accuracy, adequacy, reliability, completeness or timeliness of the Content;

(ii) that the Content is suitable for your intended use.

(iii) that the Website or Content is free from human or mechanical error, technical inaccuracies or other typographical errors or defects.

7.    Intellectual property

7.1  Unless otherwise stated, Yellow Canary and/or its licensors own the Intellectual Property Rights in the Website and the Content. All Intellectual Property Rights are reserved.7.2  You may view the Website and access the Content for your own personal use subject to restrictions set out in these Terms.

7.3  You must not:

(a) republish or redistribute any Content;

(b) sell, rent or sub-license Content; or

(c) reproduce, duplicate or copy any Content.

7.4  All trade marks and trade names which appear on the Website are proprietary to Yellow Canary and/or its affiliates or licensors. Nothing on the Website or contained in the Content should be interpreted as granting any rights to use or distribute any names, logos or trade marks except with the express written consent of the respective owner.

8.    Third party material

8.1  You may be able, through hypertext or other links on the Website to gain access to websites or materials which are not owned or operated by us (Third Party Material). Unless otherwise specified, the Third Party Material is not owned or controlled by Yellow Canary.

8.2  We strongly advise you to read, and comply with, the terms and conditions and privacy policies of any Third Party Material that you access.

8.3  You acknowledge and agree that:

(a) we do not grant, or license to you, any rights in respect of the Third Party Material;

(b) we are not responsible for examining or evaluating the content or accuracy of the Third Party Material;

(c) we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of, or reliance on, any Third Party Material.

9.    Spam

9.1  The publication of any Yellow Canary email address on the Website is to facilitate communications relating to the Website and Content supplied by Yellow Canary. It must not be inferred as consent by Yellow Canary to receive unsolicited commercial electronic messages.

10.    Limitation of liability

10.1  These Terms set out our entire liability (including any liability for the acts or omissions of our related bodies corporate, employees, agents and sub-contractors) to you in respect of all losses, claims or liabilities arising under or in connection with these Terms and your use of the Website and its Content, whether in contract, tort (including negligence), breach of statutory duty, or otherwise.

10.2  Your use of the Website and its Content is at your own risk.

10.3  To the maximum extent permitted by law, all liability which may arise in relation to your access to, use of (or inability to use), or reliance on, the Website or the Content is expressly excluded. In particular, we are not liable to you or any other party for any:

(a) direct, indirect, incidental, special or consequential loss or damage, including personal injury, loss of programs or data, loss of business, loss of opportunity, business interruption, adverse effect on reputation and/or goodwill or lost profits, to the extent permitted by law;

or(b) loss, damage or inconvenience suffered due to the unavailability, withdrawal, corruption or loss of any Content.

11.    Maintenance

11.1  You acknowledge and agree that from time to time we may need to suspend access to all or a part of the Website or Content made available via the Website while we fix defects and errors in the Website, install updates and undertake general diagnosis and maintenance of the Website or undertake emergency maintenance, and that as a result of which the Website and/or its Content may be less accessible or unavailable to you from time to time.

11.2  For the avoidance of doubt, nothing in part 11.1 of these Terms requires us to take such actions.

12.    Miscellaneous

12.1  These Terms are governed by the laws of New south Wales, Australia. By accessing and using the Website, you agree to submit to the exclusive jurisdiction of the Courts of New South Wales, Australia. If you access the Website from other jurisdictions, you are responsible for compliance with local laws.

12.2  Our failure to enforce any of these Terms shall not be construed as a waiver of any of our rights.

12.3  If any term is unenforceable, it shall be read down so as to be enforceable or, if it cannot be read down, the term shall be severed from these Terms without affecting the enforceability of the remaining terms.

12.4  If you have any questions or concerns, you may contact us at info@yellowcanary.com.au.

These Terms were last updated in March 2022

© Yellow Canary 2023. All Rights Reserved.