A. Accor Vacation Club Expr3ss! Service Terms
These terms apply to all services provided by Expr3ss! and all users of Expr3ss! (www.expr3ss.com) including Expr3ss! sub-domains such as www.yourcompany.expr3ss.com ("Expr3ss! Site") identified as "Users" agree to be bound by the following Service Terms.
1. Your access to the Expr3ss! Site is conditional upon your acceptance and compliance with the terms contained in this document and elsewhere on the Expr3ss! Site ("Service Terms"). Your use of, and/or access to, the Expr3ss! Site constitutes your agreement to the Service Terms. Expr3ss! and the Service Provider reserve the right to amend the Service Terms at any time. Since you are bound by the Service Terms, you should periodically refer to them in this document and elsewhere on the Expr3ss! Site.
2. As a condition of using any services supplied by Expr3ss! Pty Ltd ("Expr3ss!") owned and operated by Expr3ss! Pty Ltd ("the Service Provider"), Users must comply with the Human Rights and Equal Opportunity Commission Act 1986 (Commonwealth) and all anti-discrimination and equal opportunity legislation applicable in the State or Territory in which they conduct business. Where an exemption to comply with the legislation has been granted, the exemption number must be included in any Job or Assignment or Advertisement copy added to Expr3ss!
3. The intellectual property rights (including Copyright) in all information, text, material, graphics, software and advertisements on the Expr3ss! Site ("Content") are owned and/or controlled by Expr3ss! and the Service Provider, its suppliers and/or licensors unless expressly indicated otherwise on the Expr3ss! Site. The Content is protected by Australian and international Copyright and Trade Mark laws. Strictly on the condition that you keep all Content intact and in the same form as presented on the Expr3ss! Site (including without limitation all copyright, trade mark and other proprietary notices and all advertisements), you may, using an industry-standard Web browser, download, print and view the Content for your personal, non-commercial use. Otherwise, you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for in the Terms of Use or expressly authorised in writing by Expr3ss! or the relevant third party owner or rights holder.
Requests must be made in writing to Expr3ss! for permission to use an Expr3ss! logo or trade marks and/or to the User for permission to use the User logo or trade marks for the purpose of linking to the Expr3ss! Site from other websites.
4. Users agree to keep confidential any Username(s), password(s) and/or private web addresses (URLs or Uniform Resource Locators) allocated to you and to take reasonable steps to keep them secure. You agree to notify us promptly in writing if you have reason to believe that any Username(s), password(s) and/or web addresses (URLs) may have been disclosed to any unauthorized party, accidentally or otherwise.
5. Whilst Expr3ss! does not review all Job, Assignment, Advertisement or Screening Questions copy, Expr3ss! reserves the right to withdraw without notice to the User (at the option of Expr3ss! or the Service Provider) any copy posted to the Users Expr3ss! Site, Job or Assignment Advertisement that may be in breach of any clause of these Service Terms or of any law or regulation. Each of Expr3ss! and the Service Provider also reserve the right to terminate this Agreement if the User posts any Advertisement that may be in breach of any law or regulation. Further, each of Expr3ss! and the Service Provider reserve the right, in their absolute discretion, to reject or remove Job or Assignment or Advertisment copy or Screening Questions from the Expr3ss! Site for any reason.
6. You must not use the Expr3ss! Site in any manner or for any purpose in breach of the laws of any Australian or any other jurisdiction or in any manner which violates any right of Expr3ss! or the Service Provider or any other party or restricts or inhibits any other User from using or enjoying the Expr3ss! site or which is otherwise prohibited by the Service Terms.
7. Users must not use the Expr3ss! Site to post any pyramid or similar scheme on the Expr3ss! Site and also must not ask or require any candidate to pay a fee, charge, cost or any money whatsoever to apply for any job advertised on the Expr3ss! Site whether such fee, charge, cost or money is asked or required of the Applicant in the Job Advertisement itself or in any communication with the applicant that takes place as a result of a Job Advertisement placed on the Expr3ss! Site.
8. Users agree not to use any feature of the Expr3ss! Site to send unsolicited commercial email to applicants, whether individually or as a group. Applicant management tools may only be used to communicate with candidates about the specific vacancies for which they have applied.
9. Users must ensure that all Job Advertisements posted to the Expr3ss! Site comply with all applicable legislation, regulations, by-laws, ordinances and codes of conduct ("Laws").
10. Users indemnify and will keep indemnified Expr3ss! and the Service Provider, its officers, employees and agents against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by Expr3ss! in connection with:
a. any breach of this agreement by the User;
b. any negligent act or omission by the User;
c. the showing of Job Advertisement copy and Screening Questions by the User on the Expr3ss! Site or any related site.
d. an actual or alleged breach by a User of any Laws which occur as a consequence of the User's Job Advertisement or Screening Questions appearing on the Expr3ss! Site.
e. any file delivered to Expr3ss! or the Service Provider containing any defects, infections or viruses.
11. Expr3ss! and the Service Provider cannot guarantee to the User that files available for downloading through the Expr3ss! Site will be free of infection or viruses, worms, malware or other code that manifest contaminating or destructive properties. Users are responsible for implementing sufficient procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output, and for maintaining a means external to the Expr3ss! Site for the reconstruction of any lost data.
12. Expr3ss! and the Service Provider accept no responsibility for any errors or omissions in Advertisements or Screening Questions and requires that Users check their Advertisements and Screening Questions for errors as soon as they are placed on the Expr3ss! Site(s) or Job Boards. All reasonable efforts will be undertaken by Expr3ss! and the Service Provider to edit errors brought to Expr3ss! and the Service Provider's attention as soon as reasonably possible.
13. Expr3ss! and the Service Provider will use reasonable efforts to publish Job Advertisements and Screening Questions in reasonable time.
14. Users may not assign or transfer any rights and obligations pursuant to this agreement to any other person or entity without prior written approval (which will not be unreasonably withheld) of Expr3ss!. If you are a company, any change in your effective control shall be deemed an assignment for the purpose of this clause.
15. Users agree that Expr3ss! and the Service Provider retain all intellectual property rights contained in any of the goods and services provided by Expr3ss!
16. Applicants and Users acknowledge and agree that Expr3ss! acts as a medium through which individuals look for employment opportunities and that Expr3ss! does not vet nor is it responsible for vetting job applicants or the representations (whether oral or in writing - including those representations appearing in job applicant resumes appearing on the View Applicants page) made by them.
17. Users agree at all times to deal with any information or products provided by Expr3ss! or the Service Provider or accessed from the Expr3ss! Site in a manner which abides by all applicable laws of Australia, or of any other relevant jurisdiction (including, without limitation, privacy and copyright laws).
18. Users may access and use the information stored on Applicants solely for the purpose of identifying Applicants whose work preferences, work type, and abilities match the Users current job Advertisements and Screening Questions. Advertisers must not use or forward an applicant's resume without their permission.
19. The Expr3ss! Site may contain hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not under the control of Expr3ss! the Service Provider and/or the Users and they are not responsible for the contents of any linked web or any hyperlink contained in a linked website. Any relationship between Expr3ss! and a linked website is independent of the Expr3ss! Site notwithstanding that Expr3ss! and the Service Provider may receive a fee for the provision of the hyperlink. Expr3ss! provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Expr3ss! or its affiliated corporation. You link to any such website entirely at your own risk.
20. The Expr3ss! Site may contain Communication Facilities ("Communication Facilities") which provide for interaction between Applicants and Users and Expr3ss!, the Expr3ss! Site and real-time interaction between Applicants and Users by means of electronic bulletin boards, chat rooms, forums and other electronic messaging and notice services.
It is a condition of your use of any Communication Facilities and your access to, and use of, the Expr3ss! Site that you do not do any of the following:
a. restrict or inhibit any other User from using or enjoying any Communication Facility;
b. post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable Laws;
c. post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
d. post or transmit any material of any kind which contains a virus or other harmful component;
e. post, transmit or in any way exploit any material of any kind for commercial purposes, or which contains any promotional material or advertising;
f. delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or
g. download any file posted by any other User of a Communication Facility if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.
Expr3ss! and the Service Provider may from time to time, but has no obligation to, monitor or review the contents of its Communication Facilities. You expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communications.
21. Expr3ss! and the Service Provider reserves the right at all times without the need to have to provide any notice to Users or Applicants, to alter the functionality and appearance of its products and services available from Expr3ss! or through the Expr3ss! Site, where Expr3ss! believes changes are required in order to promote a consistent experience for Applicants and Users using the Expr3ss! Site.
22. Users must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to Expr3ss! without Expr3ss! prior written approval.
23. Users agree that pursuant to the Privacy Act 1988 (Commonwealth), Expr3ss! and the Service Provider may obtain from either a credit reporting agency or other credit providers:
a. personal credit information about the User and/or its directors for the purpose of assessing an User's commercial credit application; and
b. a consumer credit report about the User for the purpose of collecting overdue payments relating to commercial credit owed by the Advertiser.
Disclaimers
24. The Expr3ss! Checklist and Profiling Systems used on this Expr3ss! Site have been developed by Expr3ss! and the Service Provider under the supervision of qualified and licensed professionals in relevant disciplines. No such system is ever perfect and whilst every care has been taken in the development of these systems, neither Expr3ss! nor the Service Provider represent that any Report is either a perfectly accurate or complete representation of an applicant nor do we represent it as predictive of past or future behaviours or potentials.
25. The characterisation of individuals using such survey methodologies as are made available here is inexact and subject to errors. Our Report is a professional interpretation of the data only based on research findings and experience. Responses are interpreted in line with statistical research findings and experience in large numbers of individuals. Since every individual person is unique, no representation is made by us that every single report will accurately describe the characteristics of the individual completing it.
26. To the extent that any implied conditions, warranties, representations and/or rights (including those implied by statute) can be excluded, they are excluded. If they cannot by law be excluded, Expr3ss! limits its liability in respect of them to the maximum extent permitted by law including, in respect of conditions or warranties implied by the Trade Practices Act 1974 (and equivalent state or Territory legislation), Expr3ss!' liability for breach is limited (at its option) to:
a. the supply of the relevant services again;
b. the payment of the cost of having the services supplied again.
27. Without limiting condition 26, but subject to mandatory operation of law to the contrary:
a. Expr3ss!' maximum liability to any person for any matter or thing arising out of or in connection with the supply of services by Expr3ss! or the Contents or use of the Expr3ss! Site (including for breach of contract by Expr3ss! or the negligence of Expr3ss! or its officers, employees, contractors, or agents or related bodies corporate within the meaning of the Corporations Act 2001 (collectively "Expr3ss! Parties")) is limited to the aggregate fee charged by Expr3ss! to that person for the provision of the services; and
b. none of the Expr3ss! Parties is liable for any indirect, incidental, special and/or consequential damages (including loss of revenue, loss of profit, loss of opportunity or liability to third parties) arising directly or indirectly from:
i. the provision of any services by the Expr3ss! Parties;
iii. the use of or access to, or the inability to use of access, the Expr3ss! Site; or
iii. any of the Content or any information or other thing contained in any Report.
28. Expr3ss! reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant Laws.
Disputes
29. If any dispute arises relating to or in connection with the services provided by Expr3ss!, the Contents, or the use of the Expr3ss! Site or any other matter under these Service Terms, the dispute must be resolved in accordance with the following procedures.
30. The parties to the dispute must each appoint a senior representative of their respective organisations with authority to resolve the dispute and must notify the other party of the name and contact details of that representative. The representatives must as soon as possible after that notification (and in any case within 10 business days of a party first notifying the other party of the presence of a dispute), meet and attempt in good faith to resolve the dispute or negotiate a further process to resolve the dispute.
31. If the dispute is not resolved within 10 business days of that meeting, either party may, by written notice to the other, require the dispute to be mediated by a mediator appointed by the Institute of Arbitrators and Mediator's Australia ("IAMA") in accordance with the Mediation Rules of IAMA.
32. Each party must co-operate with that mediator and otherwise comply with the Mediation Rules of IAMA. No party to a dispute may take any enforcement action in relation to a dispute before the mediator determines that there is no reasonable prospect of the dispute being resolved by the mediation.
Termination
33. The Terms of Use, as may be amended, are effective until terminated by Expr3ss!. Expr3ss! may terminate the Terms of Use and your access to the Expr3ss! Site at any time without notice. In the event of termination, you are no longer authorised to access the Expr3ss! Site but all restrictions imposed on you, licenses granted by you and all Expr3ss! disclaimers and limitations of liability set out in the Terms of Use will survive.
Users may suspend their Expr3ss! service for a maximum period of three (3) consecutive months from time to time under the following terms and conditions:
a. Users must give a minimum of one month's notice in writing of their intention to request a suspension of service.
b. all outstanding fees and charges must be paid in full, received by Expr3ss! and funds cleared prior to the requested suspension date, or suspension will not be actioned.
c. suspension will not be effected and Users will continue to be liable for continuing service fees and charges on their account until funds in full settlement are received and cleared.
Users may re-activate their Expr3ss! service under the following terms and conditions:
a. Users must give a minimum of 5 business days notice in writing, together with …
(i) a re-activation fee equivalent to an additional month's service, required to be paid along with the first month's service fee in advance of re-activation occurring.
(ii) any advance payment for incidental charges (such as report fees or SMS credits) as required by Expr3ss!
In the event that a User suspends their Expr3ss! service, Expr3ss! will suspend all logins and close both login and public access to the User's Expr3ss! Site. Data held in Expr3ss! databases and files uploaded by Users during the period that the User's Expr3ss! Site was active will be kept by Expr3ss! for a maximum of three (3) months after the date of suspension. Users are responsible for downloading and/or making copies of these data on their own computer systems prior to suspension of service taking effect. During the suspension period, should access to data kept online by Expr3ss! be required by Users, a fee not less than that equivalent to the service fee for the period of suspension will be payable in advance to Expr3ss!
Miscellaneous
34. If any part of this Terms of Use is held invalid that part shall be severed from these Terms and the remainder of these Terms will continue to be valid and enforceable.
35. The Terms of Use are governed by the laws of South Australia. Users irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of South Australia and waive any objection to legal action being brought in those Courts on the grounds of venue or inconvenient forum.
36. The use of the Expr3ss! Site and its elements is intended to take place in South Australia, Australia. Use in other locations is undertaken at your own risk and compliance with any applicable local law is your responsibility.
37. All rights not expressly granted herein are reserved.
34. Five Free Reports
Each month your Expr3ss! service will be provisioned with 5 each of Classic All Report, HeadsUp! Report and Interview Priority Stars. To claim these free Reports, mark (place a tick against) the relevant Applicant(s), select the "Free 5" option from the "Select an Action on Marked Applicants" drop-down and click "Go".
This offer includes Applicants to all "Jobs", including Cultural Surveys and applies regardless of whether the Job is set up for Applications or Registrations of Interest.
Reports under this offer, once redeemed (as above), are not transferrable to other Applicants or other Jobs. Where Users elect to apply Free Reports under this offer to Applicants already having Reports existing, no credit will be be given for any prior payment for those pre-existing Report(s). Unused credits expire monthly on the 1st of each Month. Interview Priority Stars are only available when a Benchmark has been applied to a Job.
This offer will lapse if your Accor Vacation Club Expr3ss! service is suspended either on your request or by us as a result of payments being in arrears.
All correspondence concerning the Terms of Use should be addressed to:
Expr3ss! Business Affairs
Expr3ss! Pty Ltd ACN 102 229 961 Level 3, 60 Waymouth Street, Adelaide SA 5000, Australia
Yes, we do collect personal information on this website. You are free to update your personal information at any time. There is no cost for updating your information.
We collect the information you explicitly give us on any of the forms on this website. And we collect information about your browser version and computer systems platform to improve your experience of our site. We collect information about your usage of the site for quality control and research purposes. We use this information to identify any submissions you make on this website and to assess your engagement with the website and the materials herein.
We store the information you send to us on our own computer systems and web servers and make it available to Accor Vacation Club.
We have no other intention to share your personal information with any other organization unless such disclosure is required of us by law or statute.
We may aggregate information for statistical or marketing purposes and we may make this information available to third parties in a way which ensures the anonymity and confidentiality of the individuals who provided the information.
We will retain this information for as long as is required to discharge our contractual obligations and for a reasonable period thereafter as is appropriate to the reasonable conduct of our business.
Unless you notify us otherwise we will use the e-mail address you have given us to communicate with you as required for the conduct of our business. All communication sent to the email address you supplied us will be deemed to have been received by you, whether returned or not. It is your responsibility to maintain a current working email address with us at all times.
Expr3ss! has taken reasonable precautions to protect the security and integrity of information collected by means of the Website. These include provisions to preserve the security of the information in our own systems and to prevent unauthorised access, use or disclosure and back-up systems to prevent accidental or malicious loss of data. Unfortunately, there is always a risk involved in sending information through any channel including the Internet and you do it entirely at your own risk. Subject to mandatory operation of law, we will not be responsible for any loss of data or unauthorised access or use of information held by us.
Some Expr3ss! employees and contractors will have access to your personal information to a level that is necessary to enable them to perform their roles within Expr3ss!. They are obliged to respect the confidentiality of any personal information held by Expr3ss!.
The Website may contain links to other sites. Please be aware that Expr3ss! is not responsible for the privacy practices of other websites. When you leave the Website by means of a link to another website, read the privacy statements of each and every website that collects Personally Identifiable Information. This privacy statement applies solely to information collected by means of this Website.
If this Website privacy statement changes, those changes will be posted on the Website. Information will be used in accordance with the privacy statement under which the information was collected.
If you are interested in obtaining additional information about privacy, you can visit the Australian Federal Privacy Commissioner's website at www.privacy.gov.au.