Terms of Use

Functionn Terms of Use

Welcome to https://functionn.io (the “Site”). This page (“Terms of Use”) states the terms and conditions of the Site. Please review this Terms of Use carefully. By accessing, browsing, or using the Site (“Use”), all users and viewers (“You,” “you,” “User,” or “user”) acknowledge acceptance of the terms and conditions listed in this Terms of Use. If you do not accept the terms and conditions listed in this Terms of Use, please do not use the Site. Functionn – 3/16 Coode Street, South Perth, WA, 6161 (“Functionn”) reserves the right to update this Terms of Use from time to time in its sole discretion. You should review this Terms of Use periodically for updates and changes.

Where Functionn introduces either by mail, telephone or e-mail any candidate for an assignment or employment then the introductions shall be subject to our Standard Terms of Business as applicable. We will provide all of our clients with a copy of the Standard Terms of Business applicable to them at the point of registration or following registration. These Terms of Use are in addition to and not in substitution for our Standard Terms of Business.

Your use of this Site

Functionn provides you access to the Functionn website (https://functionn.io) and other Function sites (the “Site”) in order to help you at every stage of the recruitment process and offer you other specialist services.

You will not use the Site for, or to encourage, any unlawful purpose; nor post or transmit on the Site inaccurate, incomplete or false information (including in the case of candidates, biographical information about yourself and/or information about your ability to work in Australia or elsewhere).

In connection with your Use of this Site, you agree NOT to:
– violate any local, state, provincial, and federal rules, regulations and statutes, including, but not limited to, Australian export laws and regulations, anti-discrimination, or equal opportunity employment laws;
– infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party;
– upload, post, transmit, or store any material that:

– is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable;
– breaches any of your contractual or confidentiality obligations;
– disrupts or interferes with the normal operations of the Site, such as posting or transmitting viruses, continuous posting of repetitive materials, or posting abnormally large load; or
– are not permitted by Functionn, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, “junk mail,” “spam mail,” “chain letters,” pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials;
– violate other’s privacy rights or personal rights by abusing the materials, including, but not limited to, harassing or “stalking” another person, sending unsolicited e-mails, and collecting other’s personal information;
– breach or attempt to breach any security measures of the Site;

– use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Site or any material without Functionn’s prior written consent;
– access or attempt to access any account or login of any third party listed on the Site;
– except as expressly permitted herein and except to the extent that applicable laws prevent Functionn restraining you from doing so, copy, modify, reproduce, delete, distribute, download, store, transmit, sell, re-sell, publish, reverse engineer, or create derivative works of any materials, except for materials that have been submitted and owned by you;
– impersonate any person or entity;
– forge any header information in any electronic posting or mail; or
– misrepresent yourself, your affiliation with any third party, or your entity.

Functionn in its sole discretion shall determine your compliance with the above and shall have the right to prevent you from using the Site and/or to delete from the Site immediately and without prior Terms of Use any material that it deems not to comply or to be objectionable for any reason. As the services on the Site are made available to users and employers immediately, you do not enjoy any cancellation or “cooling-off” rights in relation to these Terms of Use.

Links to or from other Sites

As a convenience to users, this Site contains links to external websites and you may be offered a number of automatic links to other sites, which may interest you. We accept no responsibility for or liability in respect of the content of those sites. Function should not be taken as having reviewed or approved such sites or their contents, nor does it warrant that any links to such sites work or are up to date. The use of any such links is entirely at your own risk. Any third parties wishing to link to our Site may do so provided links are to the home page only of the Site and provided we are notified in advance by email to [email protected]

Intellectual property rights

All of the information contained on this Site (“Materials”) is the exclusive property of Functionn or its content suppliers. The Materials are protected by Australian and international copyright laws and any other applicable intellectual property rules, regulations, and laws. All trade marks, logos, software or any other or any other of its intellectual property rights are the exclusive property of Function. You may not download, copy or print any of the pages of the Site except for your own personal use, and provided you keep intact all copyright and proprietary Terms of Uses. No copying or distribution for any business or commercial use is allowed. No framing, harvesting, “scraping” or other manipulation of the content of the Site is permitted. You will not attempt to decipher, disassemble, reverse engineer or modify any of the software, coding or information comprised in the Site; nor will you post to the Site any material which infringes any intellectual property rights of any third party.

Changes to or temporary unavailability of this Site

Every effort is made to keep the Site up and running smoothly and fault-free. However, Function takes no responsibility for, and will not be liable for, the Site being temporarily unavailable for reasons of maintenance / improvement, or due to technical issues beyond our control. We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any of the Site features, databases or content. Function may amend these Terms of Use at any time by posting amended Terms of Use to the Site. You will be deemed to have agreed to the amended Terms of Use when you next use this site following any amendment.

Termination

Functionn has the right, in its sole discretion, to terminate any services of the Site and remove any Materials from the Site. Functionn may also terminate your access to any part or all of the services provided by Functionn on the Site at any time, with or without cause or notice, for any reasons. If you want to terminate your account, you may only cease your Use of the Site. Functionn shall not be responsible for maintaining or returning your submitted Materials, your account, or your logon and password. You should always maintain a copy of your submitted Materials.

Liability and Disclaimer

The information contained on this Site including any salary information or surveys are given in good faith and Functionn uses all reasonable efforts to ensure that it is accurate. However, Functionn gives no representation or warranty in respect of such information and all such representations and warranties, whether express or implied, are excluded.

No liability is accepted by Functionn for any loss or damage which may arise out of any person relying on or using any information on this Site. Function shall not be liable to any person relying on or using any such information for (a) loss of revenue, loss of actual or anticipated salary; loss of actual or anticipated profits whether arising in the normal course of business or otherwise (including, without limitation, loss of profits on contracts); loss of or damage to employment prospects; loss of opportunity; loss of the use of money; loss of anticipated savings; loss of business; loss of goodwill; loss of or damage to reputation; loss of or corruption to data; loss of management or administration time, legal and other professional fees and expenses; or (b) any indirect or consequential loss or damages however caused (including without limitation by reason of misrepresentation, negligence, other tort, breach of contract or breach of statutory duty) which arise directly or indirectly from the subject matter of this Site. However, nothing in the above shall limit or exclude Functionn’s liability for fraud or for death or personal injury caused by negligence, or to the extent otherwise not permitted by law.

You agree fully to indemnity us and keep us fully indemnified against all costs, expenses, claims, losses, liabilities or proceedings arising from use or misuse by you of this Site.

We do not guarantee that any employer or client will ask for a candidate’s information, or will interview or hire a candidate, or that any candidates will be available or will meet the needs of any employer or client. We make no representation or warranty as to the final terms and duration of any appointment obtained through this Site. Whilst we take all reasonable endeavours to ensure it is the case, we do not guarantee that any employer or client will keep confidential any candidate information or data provided to them.

If any provision of these Terms of Use is held to be invalid by a court of competent jurisdiction, such invalidly shall not affect the validly of the remaining provisions, which shall remain in full force and effect.

Nothing in the Terms of Use will exclude, restrict or modify any rights or remedies which you may have under any applicable Commonwealth, State or Territory legislation which under such legislation cannot be excluded, restricted or modified by agreement. These Terms of Use are governed by the laws of the State of Western Australia.

In case of any query regarding the information on this web site, please contact us via email [email protected]