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Profiles-r-us.com Pty Ltd (ACN 092 963 614
("Profiles-r-us.com") provides users with access
to the Profiles-r-us.com Software (with associated documentation)
and the Profiles-r-us.com system including any feedback and
reports provided to you by or through the use of the Profiles-r-us.com
Service and other services that may be offered from time
to time by Profiles-r-us.com (each and every feature of which
is collectively and jointly referred to as the "Profiles-r-us.com
Service"). The Results of the Profiles-r-us.com Service
are used by employers or potential employers (the "Client")
of users who undertake the testing in the Profiles-r-us.com
Service.
This is a Client Agreement between the Client
and Profiles-r-us.com. By clicking on the "I Accept"
button or link, You are agreeing to be bound by the terms
of this Agreement. This constitutes the complete agreement
between You and Profiles-r-us.com for use of the Profiles-r-us.com
Service. If You do not agree to the terms of this Agreement,
do not click on the "I Accept" button or link.
1. DEFINITIONS
In this agreement the following expressions have the following
meanings:
"Client" means the party responsible
for payment to Profiles-r-us.com and/or any of its site associates
for the User to undertake
the testing in the Profiles-r-us.com Service.
"Profiles-r-us.com Privacy Policy" means the privacy
policy which can be accessed through the World Wide Web and
located at ""http://www.Profiles-r-us.com"
and "http://www.Profiles-r-us.com.au".
"Profiles-r-us.com Website" means the site which
can be accessed through the World Wide Web and located at
"http://www.Profiles-r-us.com".
"Profiles-r-us.com Service" means the Profiles-r-us.com
Software, the Profiles-r-us.com System and each and every
feature whether referred to collectively or jointly.
"Profiles-r-us.com Software" means the software
and documentation created and owned by Profiles-r-us.com for
use by the Client in order to undertake the testing provided through
the Profiles-r-us.com Service.
"Profiles-r-us.com System" means the process of
analyzing, correlating, assessing and interpreting the User
Input, the provision of the Results to the User and any feedback
or other interaction between the Client and Profiles-r-us.com
in the use of the Profiles-r-us.com Service whether or not
the Client has access to the Profiles-r-us.com Website.
"Results" means the feedback, information and reports
(if any) created by Profiles-r-us.com based on the User's
Input. Results created via the Profiles-r-us.com System are
considered to be valid for a period of 12 months from the
date they are generated.
"User" means the person referred to in Item 3 of
the Schedule.
"User Agreement" means the agreement entered into
or to be entered into between the User and Profiles-r-us.com.
"User Input" means the data and information provided
by the User in the Profiles-r-us.com Service.
2. THE PROFILES-R-US.COM SERVICE
2.1 In consideration of Profiles-r-us.com providing the Profiles-r-us.com
Service to the User, the Client must in accordance with Clause
6 pay the fees referred to in Item 4 of the Schedule within
7 days of the User providing to the User Input to Profiles-r-us.com.
The Client acknowledges that neither the Client nor the User
will be entitled to the Results unless and until the fees
referred to in Item 4 of the Schedule are paid in full in
accordance with this Agreement.
3. CLIENT ACKNOWLEDGEMENTS and WARRANTIES
3.1 The Client acknowledges that this Agreement is subject
to the User entering into a Software Licensing Agreement in
respect of the Profiles-r-us.com Software and a User Agreement
in respect of the Profiles-r-us.com Service.
3.2 The Results may be kept for statistical, analytical and
archival purposes which will be dealt with in accordance with
Profiles-r-us.com's Privacy Policy.
3.3 The Client acknowledges that Profiles-r-us.com is required
to abide by the terms of the Profiles-r-us.com Privacy Policy.
The Client further acknowledges that the User may consent
to the disclosure of valid Results obtained through use of
the Profiles-r-us.com System in relation to this agreement
to other Clients at a subsequent date.
3.4 The Client warrants that if an amount is paid by credit card
the Client is entitled to incur charges on and
from the credit card account.
3.5 The Client agrees and acknowledges that the Results are
only relevant and applicable to testing, profiling and assessment.
4. LIMITATION OF LIABILITY
4.1 To the fullest extent permissible at law, Profiles-r-us.com
is not liable for any direct, indirect, punitive, incidental,
special, consequential damages or any damages whatsoever including,
without limitation, damages for loss of use, data or profits,
arising out of or in anyway connected with the use or performance
of the Profiles-r-us.com Service, with the delay or inability
to use the Profiles-r-us.com Service, the provision of or
failure to provide services or for any information, software,
products, services or related graphics obtained through the
Profiles-r-us.com Service, any comments or analysis of the
User, any impact of any comments or analysis in respect of
any decision of any person to employ or offer employment to
the User or otherwise arising out of the use of the Profiles-r-us.com
Service, whether based on Contract, negligence, strict liability
or otherwise, even if Profiles-r-us.com has been advised of
the possibility of damages. Because some States/Jurisdictions
do not allow the exclusion or limitation of liability for
consequential incidental damages, the above limitation may
only have limited application or may not apply to you at all.
4.2 You expressly agree that use of the Profiles-r-us.com
Service is at your sole risk. The Profiles-r-us.com Service
is provided to the User on an "as is" and "as
available" basis. To the extent allowed by law, Profiles-r-us.com's
liability for breach of a term implied into this Agreement
by any State or Territory is excluded. Where liability may
be limited but not excluded by any applicable State or Territory
law, then liability is limited to the full extent possible
under that law. Profiles-r-us.com's liability (if any) is
limited to the amount that you have paid for use of the Profiles-r-us.com
Service. In no circumstances is Profiles-r-us.com liable for
any damages, including consequential damages, arising out
of the use, installation, improper use or inability to use
the Profiles-r-us.com Service. You may have the benefit of
certain rights or remedies under the Australian Trade Practices
Act 1974 (the"Act") and certain State Legislation.
To the extent allowed by law, Profiles-r-us.com's liability
for a breach of a term implied into this Agreement by the
law of a State or Territory is excluded. Where liability may
limited but not excluded by any applicable State or Territory
law, then liability is limited to the full extent possible
under that law. Liability for the breach of any condition
or warranty implied into this agreement by the Act is limited,
in Profiles-r-us.com's sole discretion, to the replacement
or repair of the Profiles-r-us.com Service or the cost of
replacing or repairing the Profiles-r-us.com Service or, in
the case of services, to supplying those services again or
the cost of having the services supplied again.
5. PROFILES-R-US.COM WARRANTIES
5.1 Profiles-r-us.com must store the User Input and the Results
in a secure environment and must not disclose the User Input
or the Results without the consent of the User other than:
(i) for the purposes of this Agreement or any Agreement between
the User and Profiles-r-us.com;
(ii) for statistical, analytical and archival purposes which
will be dealt with in accordance with Profiles-r-us.com's
Privacy Policy; and
(iii) for the purposes of trouble shooting errors or malfunctions
with the Profiles-r-us.com Service.
5.2 Profiles-r-us.com warrants that it will comply with the
Profiles-r-us.com Privacy Policy.
6. PAYMENT
6.1 The Client must pay Profiles-r-us.com the amount set out
in Item 4 of the Schedule by:
(i) cash;
(ii) bank cheque;
(iii) direct transfer of funds to Profiles-r-us.com's bank
account set out in Item 5 of the Schedule; or
(iv) providing the Client's credit card details to Profiles-r-us.com
via the telephone or over the Internet to allow Profiles-r-us.com
to debit the amount set out in Item 4 of the schedule from
the credit card account.
7. INDEMNITY
7.1 The Client indemnifies and holds Profiles-r-us.com indemnified
against all costs, damages and liability in respect of or
arising out of the User's use of the Profiles-r-us.com Services
including the User's provision of the User Input and any breach
of the User Agreement by the User and any breach of this Agreement
by the Client.
8. JURISDICTION
8.1 This Agreement is governed by and construed in accordance
with the laws of Queensland, Australia and the Parties agree
to submit to the non-exclusive jurisdiction of the courts
of Queensland, Australia.
© Copyright 2000 all rights reserved - Profiles-r-us.com
Pty Ltd
Privacy Statement
This privacy statement discloses the privacy
practices for http://www.Profiles-r-us.com. Because Profiles-r-us.com
wants to demonstrate its commitment to your privacy, we agree
to notify you of:
1. What personally identifiable information
of yours or third party personally identification is collected
from you through the web site
2. The organization collecting the information
3. How the information is used
4. With whom the information may be shared
5. What choices are available to you regarding collection,
use and distribution of the information
6. The kind of security procedures that are in place to protect
the loss, misuse or alteration of information under Profiles-r-us.com's
control
7. How you can correct any inaccuracies in the information.
If you feel that we are not abiding by our posted privacy
policy, you should contact us on webmaster@Profiles-r-us.com
Information Collection and Use
Profiles-r-us.com is the sole owner of the information collected
on this site. We will not sell, share, or rent this information
to others in ways different from what is disclosed in this
statement. Profiles-r-us.com collects information from our
users at several different points on our website.
Registration
In order to use this website, a user must first complete the
registration form. During registration a user is required
to give their contact information (such as name and email
address). This information is used to contact the user about
the services on our site for which they have expressed interest.
It is optional for the user to provide demographic information
(such as income level and gender), and unique identifiers,
but encouraged so that we can provide a more personalized experience
on our site.
Order
We request information from the user on our order form. Here
a user must provide contact information (such as name and address)
and financial information (like credit card number, expiration
date). This information is used for billing purposes and to
fill customer's orders. If we have trouble processing an order,
this contact information is used to get in touch with the
user.
Cookies
A cookie is a piece of data stored on the computer's hard
drive containing information about the computer's use. Cookies
are used on this site to retain information about the state
of the session, i.e. that a member has successfully logged
on. Usage of a cookie is in no way linked to any personally
identifiable information while visiting our site. The cookie terminates
after an hour of inactivity on the site or by the member choosing
to log out.
Log Files
We use IP addresses to analyze trends, administer the site,
track user's movement, and gather broad demographic information
for aggregate use. IP addresses are not linked to personally
identifiable information.
Sharing
We will share aggregated demographic information with our
partners and advertisers. This is not linked to any personal
information that can identify any individual person.
We use an outside credit card processing company to bill users
for goods and services. This company does not retain, share,
store or use personally identifiable information for any secondary
purposes.
From time to time we may partner with another party to provide
specific services. When the user signs up for these services,
we will share names, or other contact information that is
necessary for the third party to provide these services. These
parties are not allowed to use personally identifiable information
except for the purpose of providing these services.
Links
This web site contains links to other sites. Please be aware
that Profiles-r-us.com is not responsible for the privacy
practices of such other sites. We encourage our users to be
aware when they leave our site and to read the privacy statements
of each and every web site that collects personally identifiable
information. This privacy statement applies solely to information
collected by this Web site.
Surveys & Promotional Offers
From time-to-time our site requests information from users
via surveys or promotional offers. Participation in these
surveys or promotional offers is completely voluntary and
the user therefore has a choice whether or not to disclose
this information. Information requested may include contact
information (such as name and address), and demographic information
(such as zip/post code, age). Contact information will be
used to notify users who successfully receive these offers.
Survey information will be used for purposes of monitoring
or improving the use and satisfaction of this site.
Security
Profiles-r-us.com takes every precaution to protect our users'
information. When users submit sensitive information via the
website, your information is protected both online and off-line.
When our registration/order form asks users to enter sensitive
information (such as credit card number and/or social security
number), that information is encrypted and is protected with
the best encryption software in the industry. While on a secure
page, such as our order form, the lock icon on the bottom
of Web browsers such as Netscape Navigator and Microsoft Internet
Explorer becomes locked, as opposed to un-locked, or open,
when you are just 'surfing'.
While we use encryption to protect sensitive information online,
we also do everything in our power to protect user-information
off-line. All of our users' information, not just the sensitive
information mentioned above, is restricted in our offices.
Only employees who need the information to perform a specific
job (for example, our billing clerk or an account executive)
are granted access to personally identifiable information.
Our employees must use password-protected screen-savers when
they leave their desk. When they return, they must re-enter
their password to re-gain access to your information. Furthermore,
ALL employees are kept up-to-date on our security and privacy
practices. Every quarter, as well as any time new policies
are added, our employees are notified and/or reminded about
the importance we place on privacy, and what they can do to
ensure our customers' information is protected. Finally, the
servers that we store personally identifiable information
on are kept in a secure environment.
If you have any questions about the security at our website,
you can send an email to webmaster@Profiles-r-us.com
Supplementary Information
In order for this website to properly fulfill its obligation
to our customers, it is necessary for us to supplement the
information we receive with information from third party sources.
For example, to determine if our customers qualify for one
of our credit accounts, we use their name and other identifying
information to request a credit report. Once we determine
a user's credit-worthiness, this document is destroyed.
Correction/Updating Personal Information:
If a user's personally identifiable information changes (such
as your postal code), or if a user no longer desires our service,
we will endeavor to provide a way to correct, update or remove
that user's personal data provided to us. This can usually
be done at the member information page, by emailing your Account
Executive or speaking to them directly.
Notification of Changes
If we decide to change our privacy policy, we will post those
changes on our Homepage so our users are always aware of what
information we collect, how we use it, and under circumstances,
if any, we disclose it. If at any point we decide to use personally
identifiable information in a manner different from that stated
at the time it was collected, we will notify users by way
of an email. Users will have a choice as to whether or not
we use their information in this different manner. We will
use information in accordance with the privacy policy under
which the information was collected.
© Copyright 2000 all rights reserved - Profiles-r-us.com
Pty Ltd
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