欢迎来到SmoothCareer，想在澳洲悉尼墨尔本找到本地公司工作吗? 对我们留学生来说的确难。莽莽撞撞的寻找不如让我们帮你理清思路，我们有相同的目标---找到那份心仪的工作。 无论是全职，兼职，实习，我们来帮你找工作吧！
The Website under the domain name www.smoothcareers.com.au and its related services, products, websites, tools and applications is owned and operated by Smooth Career Pty Ltd ACN 603 247 061 as Trustee for Smooth Career Trust ABN 27 195 962 285 (“Smooth Career”).
You must read these terms of service (Terms of Service) and all other Policies (as defined below) which include those terms and conditions expressly set out below and those incorporated by reference before using our Services. By using our Services you agree to these Terms of Service and all Policies.
We may amend these Terms of Service or any Policy at any time at our discretion. Please review the Terms of Service and our Policies periodically as your continued use of our Services indicates your agreement to any changes made. All amended Terms of Service and Policies shall automatically be effective from the time and date of appearance on our Website (unless otherwise stated in the Terms of Service or Policy). If you do not agree with such changes, you must cease to use the Website. These Terms of Service are effective as at 8 November 2015.
In these Terms of Service unless inconsistent with the context or subject matter:
(a)“Client” means any person who engages us to provide Services;
(b)“Client Information” means any information relating to a Client provided for the purpose of obtaining our Services;
(c)“Content” includes any material, text, pictures, sound, graphics, video and other data whether in written form or otherwise;
(d)“Emails” means the emails sent by the Provider on behalf of the Client from the Client’s email account to the email addresses of 200 – 350 prospective employers of the nature that the Client wishes for the Emails to be sent to;
(e)"Intellectual Property" means all intellectual property rights, including without limitation inventions, patents, copyright, rights in circuit layouts, registered designs, trade marks, know-how, processes, concepts, intellectual property in name "Smooth Career", our business and Services, the Website and the source code for that system and the resumes and cover letters produced by us;
(f)“Information” means any information, Content, documents, links or attachments;
(g)“Provider” means a person or entity who is engaged by us to send the Emails;
(h)“Loss” means any loss, liability, cost, charge, expense, tax or damage of any nature whatsoever, including lost profits, loss of goodwill, loss of business, loss of production and any other special, incidental, exemplary, compensatory or consequential damages, losses, expenses, or lost or stolen programs or other data (howsoever arising or caused, including, without limitation, negligence);
(i)“our”, “us” and “we” means Smooth Career;
(j)“Policy” means any policy of Smooth Career in place from time to time including without limitation any policy relating to privacy, fees, refunds and service;
(k)"Related Entity" has the meaning given to it in section 9 of the Corporations Act 2001 (Cth);
(l)“Services” means the services referred to and provided by us in accordance with clause 3;
(m)“User” means any person who uses the Website for any purpose whatsoever;
(n)"Website" means www.smoothcareer.com.au; and
(o)“you” and “your” means a User or Client (as the case may be).
In these Terms of Service, unless inconsistent with the context or subject matter:
(a)a reference to a person includes any other legal entity;
(b)a reference to a legal entity includes a person;
(c)words importing the singular number include the plural number;
(d)words importing the plural number include the singular number;
(e)the masculine gender must be read as also importing the feminine or neuter gender;
(f)a reference to a party includes the party's heirs, executors, successors and permitted assigns;
(g)headings are for reference purposes only and must not be used in interpretation;
(h)where any word or phrase is given a defined meaning any other part of speech or other grammatical form concerning the word or phrase has a corresponding meaning;
(i)a reference to a statute includes all regulations and subordinate legislation and amendments;
(j)references to writing include any mode of representing or reproducing words in tangible and permanently visible form, and includes e-mail and fax;
(k)a reference to a monetary amount is a reference to an Australian currency amount;
(l)an obligation of two or more parties binds them jointly and each of them severally;
(m)an obligation incurred in favour of two or more parties is enforceable by them severally;
(n)references to time are to local time in New South Wales;
(o)where time is to be reckoned from a day or event, the day or the day of the event must be excluded;
(p)a reference to a business day means any day on which trading banks are open for business in New South Wales;
(q)if any time period specified in this agreement expires on a day which is not a business day, the period shall expire at the end of the next business day;
(r)a reference to a month means a calendar month; and
(s)a reference to data includes metadata.
2.1 Smooth Career offers Clients the following services:
(b)review and amendment of cover letters and resumes;
(c)connects Clients with the Provider who sends the Emails.
2.2 The provision of the Services is complete once the Provider has sent the Emails on behalf of the Client once only. In the event the Client wishes for additional Emails to be sent, the Client must pay the fees advised by Smooth Career.
2.3 The Client hereby authorises Smooth Career to use the email login details provided to Smooth Career by the Client and provide such details to the Provider for the purposes of sending the Emails. The Client acknowledges and agrees that it is the Client’s responsibility to change its login details following the completion of the Services as Smooth Career will not be responsible for any Loss suffered by the Client in connection with the Client’s failure to do so.
2.4 The Client acknowledges and agrees that following the sending of the Emails, either the Provider or Smooth Career will delete all emails sent by the Provider from the Client’s email account so that the Client does not have access to the email addresses to which the Emails were sent. However neither Smooth Career nor the Provider will delete those emails sent that received a reply from the person to whom the email was sent, in order to allow the Client to follow up the companies that reply to the Client.
2.5 In the event interview training is provided to the Client, such training will be conduced through Skype or WeChat.
2.6 In consideration of Smooth Career providing the Services, the Client must pay the fees advised by Smooth Career from time to time.
3.1 Our Services are available only to, and may only be used by, persons who can form legally binding contracts under applicable law. Without limiting the foregoing, our Services are not available to persons under 16 years of age. If you do not qualify, please do not use our Services.
5.1 You must use the Website and our Services in accordance with these Terms of Service and our Policies. You must also ensure that you comply with all clauses of these Terms of Service and all Policies and all terms and policies included by reference in those documents.
5.2 Your use of the Website and our Services, and your Information, must not:
(a)be false, inaccurate or misleading;
(b)be fraudulent or deceptive;
(c)infringe any third party’s copyright, patent, trademark, trade secret, intellectual property or other proprietary rights or rights of publicity or privacy;
(d)violate any applicable law, statute, ordinance or regulation;
(e)be defamatory, trade libelous, unlawfully discriminatory, threatening or harassing;
(f)be obscene, pornographic or indecent or contain adult material or vulgar, profane, discriminatory, offensive or racist language;
(g)contain comments of a religious, political or social nature;
(h)contain any viruses, trojan horses, worms, time bombs, trap doors, back doors, easter eggs, spiders, robots, screen scrapers, data aggregation tools or other devices or other computer programming routines that may or are intended to damage, modify, delete, interfere with, surreptitious intercept, access without authority or expropriate any system, data or personal information or otherwise affect the integrity, operation or security of this Website;
(i)create liability for us or cause us to lose (in whole or in part) the services of our internet service provider, Legal Service Providers, other Users or other suppliers;
(j)damage the credibility or integrity of the Website or Smooth Career;
(k)breach or violate any Policy;
(l)link directly or indirectly to or include anything that:
(i)you do not have a right to link to or include;
(ii)could cause us to violate any applicable law, statute, ordinance or regulation.
5.3 Personal Use
You acknowledge and agree that the Services are made available to you for your personal use only. You are responsible for maintaining the confidentiality of your Information and you may only display any Information provided to you by us in connection with the Services for your own personal use (i.e., non-commercial use) and you must not otherwise copy, reproduce, alter, modify, create derivative works, or publicly display any such information without the prior written consent of Smooth Career.
6.1 Smooth Career is not responsible for any errors or omissions, or for the results obtained from the use of Information contained in or linked to the Website or the Services. In no event will Smooth Career or its Related Entities, officers, directors, agents, employees, consultants or contractors be liable to you or anyone else for any decision made or action taken or omission in reliance on the Information in or linked to the Website or the Services or for any consequential, special or similar damages or other Loss, even if advised of the possibility of such damages. Certain links in the Website connect to other websites maintained by third parties over whom Smooth Career has no control. Smooth Career makes no representations as to the accuracy or any other aspect of information contained in other websites.
6.2 All Smooth Career Information in the Website and the Services is provided to the extent permitted by law, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this Smooth Career Information or the Services, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Given the changing nature of laws, rules and regulations, and the inherent hazards of electronic communication, there may be delays, omissions or inaccuracies in Smooth Career Information or the Services provided.
6.3 We may send you communications and notices regarding your transactions and any other communications you have consented to receive including without limitation by electronic means.
6.4 We are not, and you confirm and acknowledge that Smooth Career is not, the entity which sends out the Emails and you hereby consent to and request the Provider to send out the Emails on your behalf. As a result, we have no control over, and do not ensure, guarantee or provide any warranty or indemnity in respect of the legality of the sending of the Emails.
6.5 By engaging our Services, you hereby authorise the sending of the Emails by the Provider on your behalf, and the sending of such Emails will be deemed to have been sent by you or at your direction.
6.6 You hereby authorise us to disclose your Information to the Provider.
7.1 Smooth Career Information and Intellectual Property is protected by copyright and other proprietary rights and remains the property of Smooth Career.
7.2 You acknowledge and agree that:
(a)you will not copy, reproduce, alter, modify, create derivative works, or publicly display (other than on the Website) any Smooth Career Information unless in a manner condoned by Smooth Career or with the prior written permission of Smooth Career or the appropriate third party authorised to grant such permission and when doing so you must acknowledge us and, in the case of websites, include a link from your website to our Website;
(b)Smooth Career owns the Intellectual Property and no right, title or interest in any of the Intellectual Property is transferred or granted to the you;
(c)you will not copy, reproduce, alter, modify, create derivative works, or publicly display (other than on the Website) any of Smooth Career's Information or Intellectual Property unless with the prior written consent of Smooth Career or the appropriate third party authorised to grant such permission and when doing so you must acknowledge Smooth Career and, in the case of websites, include a link from the website to the Website;
(d)when you provide Information, we may receive additional related data, such as the time, date and place you provided the Information;
(e)we receive data from or about the computer, mobile phone, or other devices you use to access the Website. This may include network and communication information, such as your IP address or mobile phone number, and other information about things like your internet service, operating system, location, the type (including identifiers) of the device or browser you use, or the pages you visit.
(f)we store data for as long as we consider necessary;
(g)you grant Smooth Career a perpetual, irrevocable, worldwide, royalty free, transferable, sub-licensable and unlimited licence to use, modify, aggregate, sell and distribute any Information (including Information relating to you) in any media (now known or not known) or other entity as Smooth Career sees fit; and
(h)Smooth Career is not liable or responsible for any Loss that you may experience in submitting Information to Smooth Career or for Smooth Career's use of your Information in accordance with the licence granted.
8.1 Without limiting other remedies available to Smooth Career at law, in equity or under these Terms of Service or any other Policy or otherwise, we may, in our sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your use of the Website and/or refuse to provide our Services to you if:
(a)you breach these Terms of Service or any Policy or the terms and policies those documents incorporate by reference; or
(b)we are unable to verify or authenticate your Information; or
(c)in our sole opinion, your conduct, acts or omissions threaten, interfere or impact upon the integrity or credibility of the Website (or the operation thereof) or Smooth Career; or
(d)we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise in our sole discretion) have engaged in fraudulent or deceptive activity.
9.1 We provide the Website and our Services on an “as is” basis and without any warranties, representations, or conditions of any kind, whether express, implied or statutory, to the extent permitted by law. To the extent permitted by law, we specifically disclaim any implied warranties including in relation to title, merchantability, fitness for a particular purpose and non-infringement. Furthermore we do not guarantee continuous, uninterrupted or secure access to our Services or your Information, and operation of our Website may be interfered with by numerous factors outside our control.
9.2 You warrant that you have not relied upon any representations, warranties or conditions offered or made by or on behalf of Smooth Career except to the extent expressly set out in these Terms of Service.
9.3 No data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect your Information, we do not warrant and cannot guarantee the security of your Information which you transmit through the Website or by any other means to us. Accordingly, your Information is transmitted at your own risk.
9.4 For the avoidance of doubt, you acknowledge and agree that:
(a)Smooth Career does not guarantee any interview call or job offer from the provision of the Services by Smooth Career. Smooth Career shall not be responsible to the Client for any Loss if the employers to whom Emails are sent do not reply to those Emails;
(b)no warranties are made by Smooth Career in respect of the Services provided. For example the documents prepared by Smooth Career such as resumes and cover letters may contain inaccuracies or typographical errors, and Smooth Career makes no representations in respect of the accuracy, reliability, completeness or timeliness of its Services. The use of Smooth Career’s Services is at your own risk.
10.1 In no event shall Smooth Career or its Related Entities, officers, directors, employees agents, contractors or suppliers be liable for any Loss arising out of or in connection with:
(a)our Website, use of the Website or the inability to use the Website by any party;
(b)our Services, use of our Services or the inability to use our Services by any party;
(c)any failure or performance, error, omission, interruption, defect, delay in operation or transmission; or
(d)line or system failure or the introduction of a computer virus or any other similar item or other technical sabotage.
10.2 Without prejudice to clause 10.1 and notwithstanding any other provision of these Terms of Service and except to the extent permitted by law:
(a)our total liability arising out of or in connection with these Terms of Service, and the liability of our suppliers, to you or any third parties in any circumstance is limited per event to the amount of $10.00; and
(b)Smooth Career shall not be liable for loss of contract, loss of profit or revenue, contractual claims of third parties, economic loss, loss of production, business interruption, loss of data, production stoppage, or consequential or indirect loss or damage.
10.3 The limitation and exclusion of liability in this clause applies whether the liability claim is based on breach of contract, under a warranty or an indemnity, tort (including negligence), under statute, in equity or otherwise.
11.1 You agree to indemnify and hold us and our Related Entities, officers, directors, agents, employees, contractors and suppliers harmless from and against any actions, claims, demands, proceedings, Loss of every kind and nature, known and unknown, including reasonable solicitors’ fees and claims made by third parties, due to or arising out of your breach of these Terms of Service or any Policy or the terms and policies they incorporate by reference, or your violation of any law or the rights of a third party.
12.1 Accessing information from the Website and our Services is done so at your own risk and you will be responsible for compliance with the laws within your jurisdiction.
12.2 These Terms of Service are governed by the laws of New South Wales and the Commonwealth of Australia which are in force in New South Wales and the parties submit to the jurisdiction of the Court of New South Wales, relevant Federal Courts and Courts competent to hear appeals from them.
12.3 These Terms of Service shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.
12.4 If a clause of these Terms of Service are void or unenforceable it must be severed from these Terms of Service and the clauses that are not void or unenforceable are unaffected by the severance.
12.5 You agree that these Terms of Service and all incorporated agreements may be assigned by Smooth Career, in our sole discretion, to Related Entities or third parties. You may not assign these Terms of Service without Smooth Career’s express prior written consent.
12.6 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
12.7 Smooth Career's failure to act with respect to a breach by you or others does not constitute a waiver of that breach or waive our right to act with respect to that breach or subsequent or similar breaches.
12.8 You agree that these Terms of Service may not be construed adversely against us solely because we prepared them.
12.9 These Terms of Service and the Policies comprise the entire understanding and agreement between you and us with respect to the subject matter hereof.
12.10 Nothing in these Terms of Service or your use of the Website establishes or creates a joint venture, partnership, consortium, franchise, employment or agency relationship between the parties including in particular between Smooth Career and Clients and Smooth Career and Providers.
12.11 Any clause capable of surviving termination of these Terms of Service shall survive such termination.
12.12 Should a dispute arise in connection with these Terms of Service or with your use of the Website or our Services which cannot be resolved by good faith negotiations between us and you, Smooth Career may at its sole discretion refer the dispute to mediation or to arbitration. At all times we reserve the right to instigate legal proceedings prior to negotiation, arbitration or mediation against any person including any individual or entity (incorporated or otherwise)), who in our opinion has acted in breach of these Terms of Service.
12.13 The contra proferentem rule and other rules of construction will not apply to disadvantage a party whether that party put the clause forward, was responsible for drafting all or part of it or would otherwise benefit from it.
1.2 You agree, consent and acknowledge that we may in our sole discretion sell, disclose, licence and/or rent your personal information to a third party for that third party’s marketing or other purposes.
3.1 Smooth Career collects personal information in a number of ways, including:
(a)when you provide information directly to Smooth Career through the Website, in person, by phone or in writing (whether by email or any other electronic means, or otherwise);
(b)when you visit and/or use the Website, in which case, Smooth Career records information sent to us by your computer, mobile device or other access device;and
(c)from third parties such as Smooth Career’s Related Entities, service providers to Smooth Career, operators of linked websites, applications and advertising on the Website.
3.2 In some circumstances, personal information is provided to us by third parties or other organisations conducting activities on your behalf. It is assumed that you have provided consent for your personal information to be used and disclosed to us this way.
4.1 We may collect the following types of personal information in order to provide the Services:
(a)your name, phone number, mobile telephone number, email address, and other contact information;
(b)your occupation and the industry you work in;
(c)any information provided by you including without limitation through use of the Website or Services;
(d)personal information based on your activities on the Website;
(e)personal information you provide to us through any discussions boards, correspondence, member information pages, disputes, or shared by you from other social applications, services or websites;
(f)to the extent permitted by law, other personal information provided by or obtained from third parties (such as a credit bureau) including navigation and demographic data and credit check information;
(h)personal information from your interaction with the Website and its content and advertising, including without limitation device identifiers, device type, geo-location information, connection information, statistics on page views, traffic to and from the Website, mobile network information, time, date, referring URL, the type of operating system and browser, ad data, IP address and standard web log data; and
(i)any other information we consider may assist us in marketing our services.
4.2 We understand the importance of protecting children's privacy. The Website and any other related sites such as our Facebook, LinkedIn or other social media pages are not intentionally designed for or directed at children under the age of 13 years. It is our policy never to knowingly collect or maintain information about anyone under the age of 13.
4.3 In the event you do not provide personal information that we request, we may not be able to provide the Services to you.
5.1 When you visit our Website, our Internet Service Provider automatically records the following information about you:
(a)your server address;
(b)the website you visited immediately prior to ours;
(c)your domain name;
(d)date and time of your visit to our website;
(e)pages you accessed and the information or documents you downloaded;
(f)type of browser you used; and
(g)any other information we request our Internet Service Provider to record from time to time.
6.1 Our principal purpose in collecting, using and storing your personal information is to provide the Services in a personalised, safe and efficient manner. You consent to us collecting, using, storing, sharing and disclosing your personal information to:
(a)operate the Website, generate content and provide customer support and payment services (including updates and improvements);
(b)provide, administer and manage the Services;
(c)research, develop and improve the Services;
(d)communicate with you;
(e)conduct surveys to determine use and satisfaction with the Services;
(f)generate statistics in relation to the Website;
(i)verify information for accuracy or completeness (including by way of verification with third parties);
(j)comply with our legal obligations, a request by a governmental agency or regulatory authority or legally binding court order;
(l)aggregate and/or make anonymous your personal information, so that it cannot be used, whether in combination with other information or otherwise, to identify you;
(m)collect fees, such as our information technology and introduction fee, resolve disputes and to identify, test and resolve problems;
(n)respond to or resolve claims that a User has violated the rights of others;
(o)enforce a contract or agreement which we have with a Provider;
(p)notify you about the Website and updates to the Website from time to time;
(q)supply you with generalised, targeted or personalised marketing, advertising and promotional notices, offers and communications, and measure and improve our marketing, advertising and promotions based on your ad customisation preferences; or
(r)protect a person’s rights, property or safety.
6.2 For the avoidance of doubt you consent to Smooth Career providing a Provider with your personal information to enable them to provide Services.
6.3 In the event we share your personal information to third parties in accordance with this clause you agree and acknowledge that Smooth Career does not control the use, storage or disclosure of that information by such third parties (nor their privacy policies if any), who may apply different privacy rules and practices. As a result, in the event you suffer a Loss as a result of the conduct of such third parties in relation to the handling of your personal information, you release and hold harmless Smooth Career (and its Related Entities, officers, directors, agents, employees and contractors) from actions, claims, demands and Losses of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such Loss.
6.4 If you access the Website from a shared device or a device of a third party (such as in an internet café), your personal information may also be available to other persons who access that device.
6.5 You acknowledge and agree that the Provider will send your resume and cover letter to various companies whom which we have no association with, and as a result you shall bear the risk of your Information being sent to such companies. We do not make any warranties or representations as to how such companies may use your Information. In the event you do not agree to accept this risk, you must not use our Services.
7.1 By submitting data to us electronically, you are providing explicit consent to trans-border transmission of data collected via our website.
7.2 We may disclose your personal information to third parties for the purposes contained in clause 6, including without limitation to:
(a)our staff members;
(c)contractors and outsourced service providers who manage the services we provide to you, including:-
(i)information technology service providers;
(ii)installation, maintenance and repair service providers;
(iii)market research organisations; and
(d)your authorised representatives;
(e)third parties to whom you expressly ask us to send, or consent to us sending, your personal information;
(f)our professional advisers, including our accountants, lawyers and auditors;
(g)government and regulatory authorities and other similar organisations, as required or authorised by law;
(h)our Related Entities; and
(i)such entities that we propose to merge with or be acquired by.
8.1 Smooth Career may enable Users to publish comments on certain parts of the Website. If you comment on a publication on the Website, then those comments, including any personal information provided by you or a third party (including your name) may be available and visible to Users.
9.3 Cookies may be used to provide you with the Services, including to identify you as a User of the Website, remember your preferences, customise and measure the effectiveness of the Website and our promotions, advertising and marketing, analyse your usage of the Website, and for security purposes.
9.4 You also may encounter Cookies used by third parties and placed on certain pages of the Website that we do not control and have not authorised (such as webpages created by another User). Smooth Career is not responsible nor liable for the use of such Cookies.
9.7 We reserve the right to collect more extensive information about any attempted access to our Website that raises security issues and make the appropriate disclosures to the relevant authorities.
10.1 You are prohibited from engaging in spam, spyware or spoofing type activities, regardless of whether directed towards Smooth Career or other users of Smooth Career.
10.4 To report spam, spyware or spoof activities to Smooth Career, email us at firstname.lastname@example.org.
11.1 We store and process your personal information on our host’s servers, currently located in multiple locations around the world. You consent to the transfer, storage and retention of that information onto the servers of our host provider used from time to time by Smooth Career, regardless of the location of those servers.
11.2 Smooth Career has taken reasonable steps to protect your personal information. These measures are designed to mitigate, but do not guarantee against, the risk of loss, misuse, unauthorised access, disclosure and alteration.
11.3 To the extent permitted by law, we reserve the right to retain and store your personal information for such period as is deemed necessary by Smooth Career in its sole discretion. If we determine that we no longer need to hold your personal information, we will take reasonable steps to destroy or permanently de-identify that information.
12.1 We may offer services that allow you to share public aspects of the Website with third party websites such as Google Plus, Twitter, LinkedIn, Facebook and others social media websites.
13.1 You may request to access the personal information we hold about you. All requests for access will be processed within a reasonable time.
13.2 In certain instances we may not be required or able to provide you with access to your personal information. If this occurs we will give you reasons for our decision not to provide you with such access to your personal information.
13.3 There is no application fee for making a request to access your personal information. However, we may charge an administrative fee for the provision of information in certain circumstances such as if you make repeated requests for information or where the information is held by a third party provider.
14.1 You may opt out of receiving our marketing, advertising and promotional notices, offers and communications by communicating this to us by email to email@example.com.