USER AGREEMENT

THE FOLLOWING DESCRIBES THE TERMS ON WHICH SKILLRESOLUTION.COM OFFERS YOU ACCESS TO OUR SERVICES.

This Agreement was last modified on 16/04/2014.

Welcome to our website. This website with URL address http://skillresolution.com is owned and operated by Virtual Hubs. This is an important document which you must consider carefully when choosing whether to use the www.Skillresolution.com website at any time.

Should you continue to use this website, you are agreeing to comply with and be bound by the following provisions which govern Virtual Hubs’s relationship with you in connection with this website.

1.       User Agreement

2.       Terms and conditions

3.       Fee

4.       Privacy Policy

Should you not agree with any of these terms and conditions, please do not use our website.

Acceptance of User Agreement

You agree that by registering on Skillresolution, or by using our website or other information provided as part of the Skillresolution services, you are entering into a legally binding agreement with Virtual Hubs, the owner of the website, whose registered office is 4/166 Sydney RD, Fairlight, New South Wales, 2094, Australia, BN98391799.

By clicking “Register” (or “Join Skillresolution” or “Subscribe” or similar), you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions.

Amendment of User Agreement

Skillresolution.com may amend or modify this User Agreement in whole or in part from time to time, without notice (unless such prior notice is required by law), by posting an amended User Agreement on the Site or any linked information. Such updated version of the User Agreement will be effective at the time we post it. 

Eligibility

Skillresolution.com offers its Services to its Users. We shall have absolute discretion as to whether or not we accept a particular applicant or site for participation in the service. The Site is available only to individuals or corporate entities that can form legally binding contracts under applicable law. Without limiting the foregoing, this Site is not available to persons under 18 years of age. If Users do not qualify, they cannot use any of Skillresolution.com's Services.. Each User is responsible for what occurs on their Account and must report any unauthorised use of their Account to us. 

Meaning of terms

The term ‘Virtual Hubs’ or ‘us’ or ‘our’ or ‘we’ refers to Virtual Hubs, the owner of the skillresolution.com website and any of its affiliated .com websites, whose registered office is 4/166 Sydney RD, Fairlight, New South Wales, 2094, Australia, BN98391799. The terms "You", "Your", "User", or "Users" refer to anyone accessing our Services or Site for any reason. 

Termination, Cancellation and Refund

Skillresolution.com reserves the right to terminate the participation of any User without reason but expressly including any User that Skillresolution.com judges to be in violation of the User Agreement. Skillresolution.com may terminate the participation of a User if we think that they are creating problems, legal liabilities (actual or potential), infringing someone else's intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons. 

If a dispute arises between you and Skillresolution.com regarding cancellation and/or refund, and we are unable to resolve it to your satisfaction we will give you options which will resolve it quickly. Skillresolution.com may recover its legal fees and costs if you file a claim contrary to the terms of this Agreement.

Any dispute arising out of or in connection with this User Agreement shall be governed by the laws of the State of New South Wales, Australia. You and Skillresolution.com irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

Consequences of Termination

Users  found in violation of the User Agreement:

·         will not receive any credit or payment from Skillresolution.com. 

·         must pay Skillresolution.com for all fees owed to us

·         You agree that Skillresolution.com is entitled to deduct such charges directly from any existing balance in the offending Account, or any other Skillresolution.com Account owned by you. 

·         Users that are terminated by Skillresolution.com on any basis other than violation of this User Agreement will be entitled to receive any payment due from Skillresolution.com. 

·         In the event of termination, you will have no claim whatsoever against Skillresolution.com in respect of any such suspension or termination of your membership. 

Relationship between Users and Us

Virtual Hubs have no part in any relationship, contract or otherwise, between Users beyond providing the information presented on Skillresolution.com.

Skillresolution.com provides a venue to introduce Users who wish to provide professional services (as “Individuals” or “small businesses”) and those who are looking for such professional services ("Employers", “Agents”, “Recruiters” or similar).

 Although Skillresolution.com provides a virtual environment for viewing information presented by “Users”, all Users acknowledge and agree that they are responsible to identify and subsequently make their own sole decision and/or determination on the suitability or otherwise of the information presented.

Skillresolution also enables Users to contact each other. This is only possible if the potential “employer” is registered and indicates that they wish to contact the person looking for work. The person looking for work must approve a request for contact before contact details are provided to the potential employer.  

Skillresolution.com has not investigated the suitability of any “Users”. Users therefore acknowledge that it is the “Users” sole responsibility to assess the ability and suitability of the information presented. 

Nothing in this User Agreement creates a partnership, joint venture, agency or employment relationship between: (1) Users; or (2) between us and any User.

 The responsibilities of the”Users” are set out in the terms and conditions. 

No Insurance

Skillresolution.com does not offer any form of insurance or other protection which will assist you, because our Site merely provides the online venue for Users to promote and view professional services and we are not otherwise involved in the transactions and interactions between Users.

However, some forms of payment permitted on the Site, such as PayPal or credit card, may offer limited User protection or chargeback services and you should familiarise yourself with these before proceeding with a transaction of any kind through the Site. 

Because user identification on the Internet is difficult, we cannot and do not confirm each User's purported identity. 

General

The provisions of this User Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by Skillresolution.com to a third party without your consent in the event of a sale or other transfer of some or all of the assets of Skillresolution.com. In the event of any sale or transfer you will remain bound by the User Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this clause shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.

Contacting Us

If you have any questions about these Terms or if you wish to report  violations of these Terms, please contact Skillresolution.com at support@Skillresolution.com.

Please contact us to report violations of this Agreement.

TERMS AND CONDITIONS

The User understands and agrees to the following terms:

The User is solely responsible for content or any other information the User provides to Skillresolution.com. Skillresolution.com is acting as a venue for the online distribution and publication of User content. However, no warranties as to the actual distribution or publication of User content are made or implied.

Use of this content or links to this content is at the User's own risk. No warranty is made that the information is accurate or reliable and Skillresolution.com and its directors disclaim all liability and responsibility for any direct or indirect loss or damage you may suffer relying on anything contained in or omitted from this content.

These terms and conditions may be amended from time to time. Your continued use of our website following any such amendments will be deemed to be confirmation that you accept those amendments. 

User Content

User content:

·         will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy

·         will not violate any law or regulation

·         will not be defamatory or trade libellous

·         will not be obscene or contain child pornography

·         will not include incomplete, false or inaccurate information about User or any other individual

·         will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. 

The content of this website is for your general information and use only. It is subject to change without prior notice.

 This website uses cookies to monitor browsing preferences. If you allow cookies to be used, the following personal information may be stored by us for use by third parties: Date of Birth, sex, address, professional profile details.

Feedback, Review and Rating process and system

By using the Site, you acknowledge that you transfer copyright of the feedback and reviews you leave, consisting of comments and ratings. You acknowledge that this feedback belongs solely to us, notwithstanding that we permit you to use it on our Site while you remain a member. You may not use it or deal with it in any way inconsistent with Skillresolution.com's policies as posted on the Site from time to time, without our prior written permission.

You may not do (or omit to do) anything that may undermine the integrity of the Skillresolution review system. We are entitled to suspend or terminate your membership at any time if we, in our sole and absolute discretion, are concerned by any review about you, or your feedback is considered to be problematic to Skillresolution.

Skillresolution.com's feedback and ratings belong to us and may not be used for any purpose other than facilitating the exchange of services between Users of the Site . You may not use your Skillresolution feedback (including, but not limited to, marketing or exporting your rating or feedback comments) in any real or virtual venue other than a website operated by Skillresolution.com without our written permission.

User Risk

The information contained in this website is for general information purposes only and while we endeavour to keep the information up to date and correct, neither we nor any third parties provide any warranty or guarantee as to the completeness, performance, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk and you hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. Any advice, statements, opinions or information contained on this website have been prepared without taking into account your objectives, financial situations or needs.  Before acting on any such advice, statements, opinions or information on this website, we recommend that you consider whether it is appropriate for your circumstances and seek professional advice where necessary.

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.  If you do not think they are reasonable you must not use this website.

Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

In no event will we be liable for any loss, damage, cost or expense including legal costs and expenses (whether direct or indirect) incurred by you in connection with the use of this website.

Website Materials

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look and graphics of the website. Any reproduction of the website’s material is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trademarks reproduced in this website, which are not the property of, or licensed to us, are acknowledged on the website.

Unauthorised use of this website may be a criminal offence and/or give rise to a claim for damages.

This website may also, on occasion, include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. They do not signify that we recommend or endorse the websites. We have no control over the nature, content and availability of those websites.

Your use of this website and any dispute arising out of your use of it is subject to the laws of New South Wales.

You may only use the website for lawful purposes and in a manner consistent with the nature and purpose of the website.

User Indemnity

You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the website. You agree to indemnify and hold us harmless from any claims of every kind including legal fees, made by any third party due to or arising out of your breach of this User Agreement or your violation of any law or the rights of a third party. 

User Responsibilities

No copyrighted material can be posted on the Site.

When using the site to search and hire, users are forbidden from:

·         Redistributing any of the content of the Site, including but not necessary limited to private messages and  documents.

·         Using  an account to post false or misleading project or job descriptions.

·         Posting position descriptions that, in the judgment and discretion of Skillresolution.com, are inappropriate to Skillresolution.com's audience and viewers.

·         Falsify own or any other identity.

When using the site to find work, users are forbidden from:

·         Redistributing any of the content of the Site, including but not necessary limited to private messages and documents

·         Falsify their own or any other identity.

·         Users will not copy any of the content and information on the Site, iuncluding supporting infrasrucrure, which is proprietary to us.

 All Users agree not to otherwise process or sell any of the information or elements and services obtained from or through this Site.

Users will not use this Site or its contents for any commercial purpose, either automated or manual for any purpose without our express written permission.

Users will not process or attempt a process which changes any measures used by us to protect the site.

Users will not create multiple user Accounts for any reason, or under any circumstance.

Users will not distribute spam.

Users will not copy the web pages or content.

Users will not use any negative or unprofessional on-line behaviour or practices.

FEES, ACCOUNTS, TAXES

Skillresolution.com offers an on-line venue which contains information for two types of  client, offering different services for each. The services are provided to those who are looking for work and those who are searching to hire skilled people.

·         Searching to Hire

·         Register to Work

Searching to Hire

Those searching for skilled people do so for free.  Skillresolution.com offers this service free for employers, recruiters and companies to source skilled people at the right time for the right cost.

Register to Work

When you Register to work you can choose the Basic or Premium service. This is a simple cost effective method for individuals and small business to promote their profiles and be contacted by potential employers.

Skillresolution.com offers the Basic service for free and earns fees for providing individuals and small businesses with a premium service which includes :

·         Listing individuals and small businesses first in searches

·         Allowing multiple listings of titles, business capability,

·         Increased space and access for profile content information, video and other portfolio enhancement options.

The Premium Service incurs an annual fee of AUD$75.00 incl GST. 

Payment of subscription fee for Premium Service

If you purchase the Skillresolution service on a subscription basis (“Premium Services”), you agree to Skillresolution storing your payment information. You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Failure to pay may result in the termination of your subscription. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. Skillresolution does not support all payment methods, currencies or locations for payment. If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or cancel your account or such Premium Service, you authorize us to continue billing that payment method and you remain responsible for any uncollected amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. You may cancel or suspend your Premium Services here.

 Skillresolution’s refund policy is explained here. We do not guarantee refunds for lack of usage or dissatisfaction. You also acknowledge that Skillresolution’s Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Service.

Currency

Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. Currency conversions will be completed at a rate displayed on the Site, which is adjusted regularly based on market conditions. This exchange rate includes a processing fee above the wholesale exchange rate at which we obtain foreign currency. 

Account Verification

If you do not complete account verification when requested within 12 months of the date of request, your account may be subject to termination. 

Accounts for Searchers

Potential employers, recruiters, companies looking for skilled people are not required to register unless they want to contact an individual or small business, if so you agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Site, and to update this information to maintain its truthfulness, accuracy and completeness. 

Accounts for those looking for work

Individuals and small business users must register for an "Account." You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Site, and to update this information to maintain its truthfulness, accuracy and completeness. 

Taxes

You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided by Skillresolution.com. These taxes will be added to fees billed to you, if applicable. 

Please note Australian customers are required to pay an extra 10% goods and services tax on all fees. The cost of the Premium service offered to those “Registering for Work” includes the GST.

PRIVACY POLICY

This privacy policy sets out how Virtual Hubs uses and protects any information that you provide when you use this website.

We are committed to ensuring that your personal information is protected. Should we ask you to provide certain information by which you can be identified when using this website, you can be assured that it will only be used in accordance with this privacy policy.

We may change this policy from time to time by updating this page. You should check this page regularly to ensure that you are at all times aware of the current policy. This policy is effective from 1 October 2013.

Control of Data

All those who visit, register or subscribe to this site are subject to this privacy policy. The personal information gathered here or provided to Skillresoultion is controlled by Skillresolution at 4/166 Sydney RD, Fairlight, New South Wales, 2094, Australia.

 If you have any concern about us having or displaying such information on Skillresolution in any manner permitted in this Privacy Policy and the User Agreement , you should not become a member of Skillresolution or visit our website. Users can modify or delete their profile at any time by entering their “My Account” section or contacting Skillresolution.com.

Information collected when creating a new Account is secure

When you create an account on the Skillresolution.com web site, we request certain information. Creating an account with us involves registering on the site and providing a username, email address and password. Once you have registered it is then possible to subscribe. The PayPal system is used for subscribing to Skillresolution.com and your PayPal transaction with your credit card details are SSL encrypted and password protected in that process.  Skillresolution.com does not share any of your personally identifiable or transactional information with any person or entity. No other third party receives your personally identifiable information or other transactional data except for those with whom you have transactions. 
 

Personal Information only accessible by profile owner

As a person who “Registers to Work”, once you create an account you can choose a Basic or Premium type of profile. Both account types contain your personal information, which includes:

·         Name

·         Address

·         Contact information, including email address

·         Your current employer (on/off switch)

1.       This information is contained within the Personal Information section and is protected. It is only accessible and viewable by you, the profile owner.  

Professional information

2.       Although you are anonymous to all those who view your basic profile, your professional profile can be viewed and searched by anybody looking for your professional profile type. They can only contact you if you authorise their “request for contact”.

3.       Your Basic Profile has your full professional profile including your:

• Work Preferences, availability, pay, work type etc
• Work experience including your current employer and role (on/off switch)
• Education
•  Skill set
• Achievements
• Previous employer ratings and reviews
• Video presentations (Premium package only)
• Project samples

4.       Skillresolution.com does not share any of your personally identifiable (personal Information) or transactional information with any person or entity. No other third party receives your personally identifiable information or other transactional data except for those with whom you have transactions. 

5.        

6.       Your full profile including your contact details can be viewed by the Skillresolution Administrator. This information may be used by Skillresolution to contact you directly about specific opportunities.

Request for contact

7.       Your personal information is protected. Once a potential employer has requested a contact with you, it is your decision to provide contact details or not. Your contact details are only accessible by way of a secure link sent to a registered “Searcher” (potential employer) with your permission (profile owner).  The secure link expires after 14 days of issue to stop any unauthorized on-going re-use.

8.       The “potential employer” request for contact which can also include the a position description and other business contact details is protected and strictly confidential so is not accessible by anybody other than the person they ”requested to contact”.

9.       The “potential employer” contact details, and any internal skillresolution correspondence details can be viewed by the Skillresolution Administrator. This information may be used by Skillresolution to contact the potential employer directly about specific opportunities.

No details about the company or recruiting manager will be displayed on Public pages on Skillresolution.com.

10.    Skillresolution.com does not share any of your personally identifiable (personal Information) or transactional information with any person or entity. No other third party receives your personally identifiable information or other transactional data except for those with whom you have transactions. 

Reviews and ratings by previous employers

11.    With your authorisation and direction, your previous employers can also provide reviews and ratings of you to promote and enhance your profile.

12.    Skillresolution.com does not share any of your personally identifiable (personal Information) or transactional information with any person or entity. No other third party receives your personally identifiable information or other transactional data except for those with whom you have transactions. 

13.     

Information collected on visitors to site

Skillresolution collects information on our site visitors collectively including which sections of the site are most frequently visited, how often and for how long. This data is always used as aggregated, non-personal information. Skillresolution may utilise this information to improve and enhance our services by monitoring the areas on the site which are most popular to you.

Security and storage

We are committed to ensuring that the information you provide is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures, in accordance with Industry standards, to safeguard and secure the information.

Skillresolution allows you to access your information at any time to keep it accurate and up to date. Access to your data on Skillresolution is password-protected, and sensitive data (such as credit card information) is protected by SSL encryption inherent in the Paypal system, when it is exchanged between your web browser and Skillresolution. Please help keep your account safe by using a strong password.

Upon registering all employers are invited to upload their company logo.  By uploading the logo, you give permission to Skillresolution to display the logo on the homepage to indicate search activity.

 Any information which we hold for you is stored on secure servers that are protected in controlled facilities. To protect any data you store on our servers, we also regularly monitor our system for possible vulnerabilities and attacks, but we cannot ensure or warrant the security of any information that you transmit since the Internet is not a 100% secure environment. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

In addition, anyone employed by us is obliged to respect the confidentiality of any personal information held by Skillresolution. Skillresolution will not be held responsible for events arising from unauthorised access of your personal information. Likewise you can contribute to keeping your personal information secure, by maintaining the confidentiality of any password and accounts used on the Skillresolution site.  Users should also not include any personal or contact information in any free text field on the profile builder.
Please notify us immediately if there is any unauthorised use of your account by any other Internet user or any other breach of security.

IP Address

Skillresolution Web Servers gather your IP address to assist with the diagnosis of problems or support. Information is gathered in aggregate only and cannot be traced to an individual user.

Cookies and applets

Skillresolution does not use cookies or applets. 

 

Third Party Measurement

In order to better understand our users, we use tracking code to collect the following information on the usage of the Skillresolution site:

• The number of page views or impressions
• The number of unique visitors
• How long these unique visitors (on average) spend on Skillresolution.com.au
• Common entry and exit points into the site.

Access to your information

Once you become a Skillresolution registered user, you are able to change and update your registered profile at any time. You can also request your personal information directly from Employers who have been granted access to your Full Public Profile.

Feedback

Skillresolution welcomes ideas and feedback about all aspects of the site. Skillresolution stores feedback that users send to us.

Policy Amendments

From time to time, Skillresolution.com may use customer information for new, innovative and unanticipated uses not previously disclosed or described in our privacy notice. If our information practices change at some time in the future we will post the policy changes to the Skillresolution.com web site to notify you of these changes and provide you with the ability to opt out of these new uses or changes. If you are concerned about how your information is used, you should check back at our web site periodically.

 Your continued use of our website following any such amendments will be deemed to be confirmation that you accept those amendments.