Terms and Conditions of use of brainbox.com.au
(owned and operated by PRK Holdings ACN:101 384 641)
By using or accessing brainbox, you expressly agree to be bound by the agreement listed below and all other terms or provisions referenced herein or elsewhere on the brainbox.com.au site. Your continued use of the brainbox.com.au website constitutes an affirmative acknowledgement and agreement by you that you accept and agree to abide and by bound by these conditions and any modifications.
PRK Holdings reserves the right to change these terms and conditions at any time, effective immediately upon posting on the brainbox.com.au website or by direct correspondence. You should review these terms and conditions regularly to check for any changes that may affect you. If, at any time, our terms and conditions are unacceptable to you, your only recourse is to immediately stop using this service.
General
PRK Holdings retains all intellectual property rights contained in any of the goods and services we provide. All users and customers agree not to infringe these rights without PRK Holdings written consent.
Customers and users may not transfer rights or obligations to other third parties without PRK Holding's prior written approval.
These terms and conditions are governed by and construed in accordance with the laws of the state of New South Wales, Australia. All parties submit to the non-exclusive jurisdiction of the courts of New South Wales and customers and users waive any objection to legal action being brought in those courts on any grounds.
Site and service use
You may not use this site to transmit any unsolicited or unauthorised advertising, promotional materials, spam, or any other form of solicitation.
You may not permit any person other than yourself to use your account on this site.
You may not make available via PRK Holdings websites (including brainbox.com.au) any material that you do not have a right to make available.
You may not use this site to transmit any information that is unlawful, threatening, abusive, harassing, defamatory, obscene, libelous, invasive of another's privacy, or otherwise objectionable or likely to offend others, or that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any person.
You may not use this site to impersonate any person or entity.
You may not use this site to interfere with or disrupt any service. Disobey any requirements, procedures, policies, or regulations of networks connected to the service.
Liability
You expressly agree and understand that in no circumstances will PRK Holdings or its directors or employees be liable to you for any direct, indirect, incidental, special and/or consequential losses or damages or loss of profits of whatever nature howsoever arising which result from the use of any PRK Holdings services.
PRK Holdings makes no guarantee that your access to any of its websites (including brainbox.com.au) will be uninterrupted, timely, or secure.
The user acknowledges that they have not relied on any advice or representation made by or on behalf of brainbox or PRK Holdings in connection with the advertising or content on this site. All material provided on PRK Holdings' websites is provided in good faith. It is derived from sources believed to be accurate. Your use of brainbox.com.au or any other PRK Holdings sites is at your own risk.
The material on PRK Holding websites (including brainbox.com.au) is intended as general information only, not advice to be acted upon independently of professional advice. Users should seek professional advice tailored to their specific circumstances before making any decisions.
Neither PRK Holdings, nor its employees or directors nor brainbox.com.au make any representation or warranty that any material presented is reliable, accurate or complete. No responsibility is accepted arising any way from any errors or omissions in the material presented.
PRK Holdings will not be liable for any loss resulting from any action or decision by you relying on the information presented on any of its websites (including brainbox.com.au).
PRK Holdings excludes all implied conditions and warranties from these terms, except any condition or warranty which cannot by law be excluded.
PRK Holdings limits its liability for breach of any non-excludable condition (to the extent that such a breach can by law be limited) and for any other error or omission posted upon this site whether in content or advertising caused by PRK Holdings or the advertising services affected by the breach, or payment of the cost of re-supply.
PRK Holdings excludes all other liability to users or customers for any costs, expenses, losses or damages suffered or incurred in connection with these terms and conditions or the user of this service whether liability arises in contract, tort (including by PRK Holding's negligence) or under statute. Without limitation, PRK Holdings will under no circumstances be liable for any indirect or consequential losses, including loss of profits, loss of revenue, and loss of business opportunity.
Customers and users indemnify PRK Holdings and its officers, employees, contractors, and agents against any costs, expenses, losses, damages and liability suffered or incurred arising from customers and users breach of these terms and conditions and any negligent or unlawful act or omission of customers and users in connection with their use of this service.
PRK Holdings does not and cannot guarantee or warrant that files available for downloading through the site or delivered via electronic mail through the site will be free of infection from viruses, worms or other code with contaminating or destructive properties. Customers and users are responsible protecting their own data.
Hyperlinks and pointers to websites operated by third parties appear on PRK Holding's websites (including brainbox.com.au). These websites are not owned or operated by PRK Holdings and are not under our control. PRK Holdings does not accept responsibility for any action or losses occurring from our linking to these websites. You use third party websites which we link to at your own risk.
The linking to or advertising of third parties does not in any way imply a recommendation or endorsement by PRK Holdings of any company, product, service, website, or entity.
Advertising
Job advertisements will be posted on the site for 30 days before expiring. If the Customer wishes to keep the advertisement on the site after that period, they must repost the advertisement either by contacting us, or logging in and reposting the job though the sites' tools.
Customers and users indemnify PRK Holdings against all claims, actions, suits, liabilities, costs, and expenses incurred on any account by PRK Holdings as a result of the posting of any advertising or the use of any content on any of PRK Holdings websites or publications.
PRK Holdings reserves the right to vary any formatting upon its site, including that for any paid advertising.
By submitting paid or unpaid advertising onto a PRK Holdings publication or website, the Customer warrants that this advertising does not breach or infringe: any law of defamation or obscenity; any law of contempt of any court, tribunal, or Royal Commission; any copyright, trade mark or obligation of confidentiality; The Trade Practices ACT (Cth), Fair Trading Acts (State) and equivalent legislation; State and Commonwealth anti-discrimination legislation; the Privacy Act (Cth), and any other law (including, but not limited, to any common law, statute, delegated legislation, rule and ordinance of the Commonwealth or any State or Territory).
PRK Holdings is not responsible for any measurement relating to advertising placed on this site whether for effectiveness or any other reason.
brainbox.com.au makes all efforts to post advertising submitted by customers (or advertisers) using the copy submitted and in accordance to customers instructions. No guarantees of service are made.
Neither these terms, nor any written or verbal quotation by PRK Holdings represents an offer to post advertising on our website or anywhere else. No binding agreement to supply any service is provided by PRK Holdings.
PRK Holdings reserves the right to withdraw or refuse any advertising or any other material from its website for any reason at any time and without warning.
PRK Holdings will not be liable for any costs, expenses, losses or damages suffered or incurred by a Customer arising from PRK Holdings' failure to post Advertising or any other information upon our site whether requested or otherwise.
PRK Holdings is not liable for any loss, damages or liabilities arising from the failure of any telecommunications infrastructure, the world wide web, or the internet.
Errors
PRK Holdings attempts to avoid errors in any content or advertisements placed on our websites and publications, however, we accept no responsibility or liability for any errors in the information presented. Customers are required to check advertisements for errors prior to submitting them and as soon as they appear in our publications. Errors will be edited as soon as is possible. PRK Holdings reserves the right to decide if errors or updates to advertisements are justified. Customers may have to submit another advertisement if PRK Holdings decides that that is the right course of action to take.
PRK Holdings will not be liable for any delay or failure to publish advertising for any reason.
Advertisers must adhere to the principles of truth in advertising as per the RCSA's Code of Practice.
Prices, Rates, Payment, and Taxes
Customers must pay for any advertising or other service in accordance with PRK Holdings advertised prices. We reserve the right to change rates, prices and payment terms.
Reasonable notice will be provided to all affected users before such changes are made.
Customers must pay the full price for any advertising. No credit terms are offered.
All rates and prices are exclusive of any taxes, duties or GST unless specifically stated.
PRK Holdings has no refunds policy.
PRK Holdings will provide a GST-compliant tax invoice for any services offered.
Termination
PRK Holdings may terminate any services provided to you on this site at any time and without notice, reason, or refund if we so choose.
Privacy
It is the policy of PRK Holdings to protect the privacy of our users and customers. We will not sell any information about our individual users to any third party.
PRK Holdings collects personal information from customers and users of its services. We may disclose this information to other companies such as credit reporting agencies as part of our provision of this service.
Users and customers may gain access to their personal information by writing to us at brainbox@consultant.com.
Users and customers are re bound by the Australian National Privacy Principles (NPP), or by laws, binding schemes or contracts that uphold privacy principles that are substantially similar to the Australian NPP. See www.privacy.gov.au for more information.