Terms & Conditions
Welcome to Toozly
Toozly is owned and operated by Toozly Pty Limited.
To place a Job Ad on Toozly, You must agree to and accept the [Employer Terms]. To use the Case Management System, you must agree to and accept the [Case Management Terms] each of which apply in addition to the Site Terms.
1. Availability of Toozly
1.1. Toozly may not always be available and We may sometimes need to withdraw or restrict access to Toozly or any part of it. If this happens, We will do our best to reinstate Toozly quickly but We are not able to guarantee that We can do this.
1.2. We make Toozly available on an “as is” basis.
1.3. We provide no warranty that Toozly or any associated Services will be provided without interruption or error or that defects in Toozly will be corrected.
1.4. We reserve the right to modify, discontinue or disable Toozly or any part of Toozly (on a permanent or temporary basis) at any time.
3.1. Toozly contains Content created by third parties (ie not by Toozly) including but not limited to job ads placed by employers and links to third party websites. Unless otherwise indicated, We do not endorse, sponsor or approve any such third party Content, job advertisements or vacancies accessed from or made available on Toozly and You should take steps to independently verify the accuracy of all such Content and its relevance to you.
3.2. Toozly includes Content which We consider may be of interest to job seekers with disabilities, to consultants working with people with disabilities and to employers with job vacancies suitable for people with disabilities. Such Content may include information obtained from public sources and links to other websites. While We take steps to ensure that the Content is accurate and up to date, We cannot guarantee its accuracy nor its relevance to your specific circumstances. Such Content is of a general nature.
3.3. We are under no obligation to update or correct any Content (including but not limited to third party Content) which is inaccurate or out of date or to notify you of any error or omission in the Content.
4. Intellectual property
4.1. We, together with our licensors, own Toozly and all of the Content contained in or published on Toozly. You must not modify, adapt, translate, prepare derivative works from or attempt to derive source code from, Toozly or the Content or otherwise infringe Our intellectual property rights.
4.2. You acknowledge and agree that all intellectual property rights comprised in or relating to Toozly or the Content belong to Us or to our licensors and that nothing in these Site Terms, nor your use of Toozly, constitutes a transfer of any intellectual property rights.
4.3. Your use of and access to Toozly does not grant you a licence or right to use any of the marks or other intellectual property or Content included on Toozly.
5. Use of Toozly
5.1. You may only use Toozly if you are at least 18 years of age or have the consent of a parent or legal guardian to do so.
5.2. You must not:-
5.2.1. Extract or otherwise use Toozly or the Content for any commercial purpose whatsoever other than set out in the Site Terms;
5.2.2. Modify or attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software programs used by Us in connection with Toozly;
5.2.3. Access Toozly other than through the normal Toozly web interface;
5.2.4. Access Toozly through any automated means (including without limitation, through the use of scripts or webcrawlers);
5.2.5. Reproduce in any material form, publish, communicate to the public, or make an adaption of the Content or any part of the Content other than for the purposes set out in these Terms;
5.2.6. Use Toozly for any purpose which is or may be considered to be improper, unlawful or illegal;
5.2.7. Use any device, software or routine which interferes with or attempts to interfere with, the normal operation of Toozly;
5.2.8. Reproduce, duplicate, copy, sell, trade, resell or exploit Toozly in its entirety or in part.
6. Job Ads
6.1. You acknowledge that in respect of any job ad or employer who has placed a job ad on Toozly:-
6.1.1. We are not part of any legal or other relationship which you have or may have with any employer or case worker;
6.1.2. We do not approve or endorse any employer, any case workeror the content of any job ad and offer no guarantee that any job ad reflects a genuine or current job vacancy.
7.1. To the fullest extent permissible by law, We exclude all warranties, representations, terms and conditions, whether express or implied (and including, without limitation, those implied by statute, custom, law or otherwise) except as expressly set out in these Site Terms.
7.2. You acknowledge and agree that your use of Toozly for any purpose (including without limitation through the downloading of any job application by You or a third party on Your behalf or the downloading of any Content, including a job ad or any Content or use of the Case Management Facilities by a third party on your behalf) , is at your sole risk.
7.3. Subject to clause 7.4. We exclude all liability to You for any damages or loss (including without limitation, loss of profits , indirect or consequential loss) however caused, (including without limitation, damage or loss arising in contract, tort, (including negligence), statute or otherwise suffered by You in connection with:-
7.3.1. Your use of or reliance on Toozly or any Content, or any information contained in, or linked to Toozly or the Content ; and
7.3.2. Any dealing which You have with an employer, an employment agency, a case worker or any other individual or entity in connection with Toozly.
7.3.3. Your use of the Case Management System or the use of the Case Management System by a third party on Your behalf and the associated downloading of any information, including Personal Information.
7.4. Certain legislation, including the Australian Consumer Law 2010 (ACL) may imply warranties or conditions or impose obligations which cannot be excluded by law and to the extent that We are able to do so, We limit our liability to the extent permitted by that legislation to the re-supply of any Services.
7.5. You acknowledge that We have no liability in respect of acts, omissions, errors, misrepresentations, warranties, breaches or any tort (including negligence) of any Employer or Case Worker or other third party connected with or utilising Toozly, either directly or indirectly.
8.1. You indemnify Us and Our officers, agents , commercial partners and employees, from and against any loss, liability, costs, damage and expenses (including but not limited to legal expenses on a solicitor and own client basis ) and penalties incurred or suffered by any of them or by Us, arising directly or indirectly out of:
8.1.1. Your breach of these Site Terms;
8.1.2. Your use of or access to Toozly;
8.1.3. Any breach by You of Our intellectual property rights or the intellectual property rights of a third party;
8.1.4. Any matter arising in connection with these Terms, including any act or omission by You and including any tort (including negligence);
9.1. We may provide You with notices by email or by posting content on Toozly.
9.2. These Terms are governed by the laws of New South Wales and the parties submit to the non exclusive jurisdiction of the courts of New South Wales.
9.3. The indemnities in these Site Terms are continuing obligations, separate from your other obligations , and survive termination of these Site Terms.
9.4. Clause 7 survives termination of these Site Terms.
9.5. If We do not proceed to enforce any provision of these Site Terms , in respect of any breach by You or a third party, We are not denying Our right to act in future in respect of a similar or unconnected breach.
9.6. If You wish to terminate these Site Terms, You should discontinue Your use of the Site.
Content means any text, images, software, trademarks, service marks and other material contained in or on Toozly, including job advertisements.
Personal Information has the meaning given to it in the Privacy Act 1988 (Cth).
Sensitive Information has the meaning given to it in the Privacy Act 1988 (Cth).
Services means the job advertising services , the case management services and any other services made available from time to time on Toozly.
Toozly means Toozly.com.au
We means Toozly Pty Limited and Our, Ours and Us shall be interpreted accordingly.
You means any user of Toozly and You and Yours shall be interpreted accordingly.