Katcha K Pty Limited (ABN 23 617 117 889) trading as SunnyJobs (“Sunnyjobs”). SunnyJobs provides a cloud technology platform that allows:
1. An individual (“Candidate”) to register and maintain their personal profile and store documents against their profile, search, review and apply for jobs vacancies and
2. Allows anyone to register and maintain their profile, advertise their business/group products, events, company news, photo’s and videos.
Sunnyjobs Terms of Service (“Terms of Service”) are documented. Please take the time to read the Terms of Service carefully and ensure you fully understand them before accessing or using the information and/ or services available through either of our web sites www.sunnybiz.com.au and sunnyjobs.com.au(“Web Sites”).
If you do not agree to our Terms of Service, please refrain from using our Web Site. Please do not register as a Candidate or Employer or use any of the information and/ or services available on either of our Web Sites.
Once you have accessed and commence using our Web Sites and completed a Candidate, Employer registration, you are then irrevocably, unconditionally and legally bound by our Terms of Service.
At any time, Sunnyjobs may alter, modify and/ or include new Terms of Service. Any alterations, modifications and/ or new Terms of Service become effective when posted to our Web Site and you agree to be legally bound by them from the effective posting date.
If you elect to use our Web Site and purchase/ use any product(s), service(s) and/ or undertake any form of communication using our Web Site you agree you are legally bound by our Terms of Service and any amendments posted by Sunnyjobs from time to time.
By “ticking” the “acceptance” box on our Candidate or Employer registration page, you agree to be bound by our Terms of Service and all subsequent amendments.
If at a later date you do not agree to our Terms of Service, we make it easy to deactivate your Candidate, Employer profile.
In addition, only postings in Australia can be posted to our Web Site unless our Terms of Services permit otherwise.
When you submit any form of information to our Web Site, we have the expectation that it is accurate, grammatically correct and thorough because any information submitted to our Web Site that is to the contrary could adversely affect Sunnyjobs ability to deliver our services to you.
You are not permitted now or any time in the future to use our Web Site for any illegal and/ or unauthorised use.
The collection of user names and/ or email addresses of Candidates, Employers and businesses is prohibited as is the unsolicited sending of emails and hyperlinking to our Web Site.
If in our sole opinion your use of our Web Site contravenes any of our Terms of Service, Sunnyjobs have the sole and exclusive right to deactivate your use of our Web Site and if deemed necessary commence legal proceeding against you. We will inform you that you have been deactivated but we are not obligated to provide a reason. If SunnyJobs deactivates you then you agree not to re-register under a different user name/ email address and password.
SunnyJobs prohibits the use of our Web Site if the law and/ or our Terms of Service prohibit you to do so.
By using our Web Sites, you irrevocably confirm in all respects that you have the legal right and authority to enter into our Terms of Service and you agree to act with integrity when you use our Web Site. You also agree that you will not through any act or omission use our Web Site to mislead, mis-inform or deceive others who may also use our Web Site.
Sunnyjobs only permits the use of the English language for posting of information to the business advertising pages within our Web Site.
• involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
• is false, misleading, fraudulent or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
• promotes an illegal or unauthorised copy of another person’s copyrighted work;
• contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
• engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
• is offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person;
Your use of our Web Site is governed by the laws of Australia and the state of Queensland and you formally submit to this jurisdiction. Laws include but are not limited to all relevant employment, commerce commission, privacy and anti-discriminations laws.
By using our Web Sites, you irrevocably agree to hold and indemnify Sunnyjobs, its directors, employees, advisors, sub-contractors and keep each and every one indemnified against all costs, losses or expenses incurred by us as a result of breaching our Terms of Service and your obligation to comply with all current and/ or future Terms of Service.
Your access and use of our Web Sites is made available on a temporary basis.
We have the exclusive right to modify, amend, suspend or deactivate your use of our Web Site without cause, explanation or notice being served.
The use of our Candidate or Employer portals is email and password validated and you confirm you will not disclose your email or password to anyone. You are solely responsible for the security of your user access credentials and if you discover they have been disclosed you are to immediately change your email address or password or deactivate your profile.
By registering as a Candidate, Employer or Business you agree to keep your user access credential confidential you and you agree by ticking the “Terms & Conditions” acceptance box on first registration you are legally bound by our current and future Terms of Service.
You agree not to misuse your access credentials and disclose them to any one and not misuse our Web Site.
If Sunnyjobs deactivates your access or profile permanently and deletes any and/ or all records stored on our Web Sites we will not be held liable for the deletion of any content on your profile if we choose to do so.
You are responsible for all fees relating to the use of any and/ or all services conducted by using your access credentials to the point you have advised us in writing that an unauthorised use of your access credentials has occurred.
You also agree that all data entered and stored on our Web Sites is correct and you are the lawful owner of the information and that it is true and correct.
Sunnyjobs cannot and does not guarantee the security of the information you post to our Web Site and you agree your data can be stored in a cloud hosting environment of our choice.
You are completely responsible for the content uploaded to our Web Site, what is published, displayed, communicated or transmitted. Sunnyjobs will not be held responsible or liable for any content posted by you to our Web Site and we have the right to disclose your details if any content violates Intellectual Property (“IP”) or copyright or any privacy rights.
You agree that by posting content publicly that you have the absolute right to the information and legal rights to do so.
Sunnyjobs retains the exclusive rights to investigate, edit and/ or remove any content, profile, job post and / or any other information stored on our Web Sites that contravenes our Terms of Service. This can include your profile being deactivated and a reason does not have to be given.
You agree that you will not post content, that includes but is not limited to:
• is discriminatory, including on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family or carer’s responsibilities, pregnancy, religion, political opinion, national extraction or social origin;
• infringes upon the IP rights of, or breaches any duty of confidence to, any third party;
• is technically harmful such as computer viruses, trojans, worms, logic bombs or other malicious software or harmful data;
• reveals the identity or any personal details of any other user of our Web Site without that users written permission;
• expresses or implies that any statements you make are made or endorsed by Sunnyjobs;
You also agree to provide us with all information relating to the unauthorised use of your access credentials so we can investigate and/ or take legal action against the named party and you hold and indemnify us against all costs associated.
All and any copyright in material, design, rights, patents, data base, rights to inventions, know how, trade, domain and proprietary technologies (registered or unregister) either in Australia or anywhere in the world) are licenced to Katcha K Pty Limited unless otherwise advised.
Unless otherwise indicated, you agree not to infringe any IP rights. Copyright or proprietary notices must not be removed without written consent being obtained from Sunnyjobs.
All pricing, terms of payment are recorded on our Web Site and they can be changed by us from time to time. Once a price change is posted to our Web Site it will take immediate effect for new service users and on expiry of the current service for existing users. Price changes will be notified on our Web Site from time to time and we may elect to send you an email to confirm our pricing changes to your registered email address.
If Sunnyjobs adds new products and/ or services to our Web Site from time to time, then pricing and terms of payment will be recorded on our Web Site.
You are solely responsible for paying all fees on due date in AU$’s. If fees are not paid on due date, Sunnyjobs may take steps to recover the amount(s) due, including all fees associated to its recovery charged to us by our third party debt recovery provider. We reserve the exclusive right to suspend or deactivate any one or all services if fees due are not paid when they fall due for payment.
Sunnyjobs does not provide refunds or credit notes to the extent permitted by law.
Any payment queries are to be directed to firstname.lastname@example.org.
You may down load content from our Web Site for your personal use and not for commercial use provided you keep it in tact, including all copyright or other proprietary notices or copyright marks.
You cannot modify, copy, reproduce, republish, upload, post, transmit or distribute in any way material from this Web Site for any purpose that is not lawful or prohibited by our Terms of Service.
You also agree not to use data mining, robots, screen scraping or similar automated data.
You agree to receive marketing communications from SunnyJobs. If you do not wish to receive this information, we will give you the option to “opt out” and we will make this process simple to action.
By registering on our Web Site and accessing the services and/ or products available, both now and in the future, you acknowledge that services and/ or products may be provided by third party Web Sites.
You also agree and accept that our Web Sites and third party web sites may interact with your profile and share your data through their web sites.
If a product or services is provided by another web site you agree to indemnify us of all costs and expenses.
The advertiser acknowledges that Sunnyjobs may obtain any or all content, including without limitation any artwork, audio, logos, designs, information (such as information about people (including personal information), contact details, pricing information and opening hours), relating to the advertiser that is publicly available on any website owned, operated, associated with, or relating to, the advertiser (“Online Information”). We may use this information and post to our social media sites on Facebook, Instagram, Linked In, Google+ and Twitter.
None of the information published on our Web Site is deemed advice of any kind or form. We do not endorse or recommend any jobs or business advertising on Sunnyjobs. It is your sole responsibility to obtain legal, accounting, employment and/ or any other form of advice you deem necessary before advertising on Sunnyjobs or by using any product of services from our Web Sites.
You will be responsible for evaluating the accuracy, authenticity and completeness and use of any opinions, advice, services, products, merchandise or other information provided through our Web Site.
Sunnyjobs will not be held liable to you or any other person, business or entity if you decide to rely on any information, product or service available from our Web Site.
If you have any doubts, Sunnyjobs recommends you obtain independent advice from a professional advisor of your choice.
Sunnyjobs give you no express or implied guarantee that any or all products or services will be available, uninterrupted, error free or contains defects or is defective and that we will take any actions to correct or fix them.
Sunnyjobs will not guarantee that any file down loaded from our Web Sites will be available and if you choose to down load them, then you do so at your entire risk.
We do not guarantee that any down load or email will be free of infection, viruses, worms, Trojan horses or other code that may be harmful, contaminated or contain destructive properties.
You are solely responsible for data and file inputs and outputs and for being able to reconstruct any lost data of any form or description.
From time to time you may want to provide us with feedback on services and/ or improvements to our services, products and so forth.
If you submit such feedback, Sunnyjobs may reproduce, distribute, transmit, create derivative works of, and publicly display any materials and other information (including ideas for new or improved products and services) that you submit to any public areas of the Web Sites (such as bulletin boards, forums and newsgroups) or by email to us.
Upon registration as a Candidate, Employer or Business on our Web Sites you must establish your email address and password. It is your entire responsibility to keep confidential these sign in credentials to our Web Sites. If your credentials have been discovered by anyone, you agree to immediately change your email and/ or password by editing the details on your profile. Failure to do so places the responsibility for use of your profile and services associated with you. We will not be held liable for any activity on your registered profile due to your access credentials being disclosed to another party(s) and not affecting an immediate change when known to occur.
Sunnyjobs is a technology platform providing the services described. We provide no express or implied warranties as to any services available from our Web Site, either now or in the future.
Sunnyjobs does not endorse any Candidate, Employer or business registered to our Web Sites. We do not act as an agent for businesses registered on
Sunnyjobs. The services available are provided on an “as is” basis and we make no guarantee of the services provided now and in the future.
We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Web Site by us, our partners or any member or any other person or entity.
The use of our Site is and associated services and/ or information is your responsibility.
Sunnyjobs does not review users’ postings and is not involved in the actual transactions between users on our Web Site. As most of the content on our Web Site comes from other users, we do not guarantee the accuracy of what is posted in any content nor endorse any user.
Sunnyjobs does not accept liability of any description for the posting of any unlawful, discriminatory, threatening, abusive, defamatory, obscene or indecent information, or material of any kind, including, without limitation, any material that would be criminal activity, or give rise to civil liability or breach any law. To the maximum extent permitted by law, Sunnyjobs excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect, punitive or consequential loss whether or not such arises out of any problem you notify to us. Sunnyjobs shall have no liability to pay any money by way of compensation, including without limitation liability in relation to:
• any incorrect or inaccurate information on the Web Site and all interruptions to or delays in any service;
• the infringement by any person of any IP rights of any third party caused by their use of the Web Site;
• any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing, using or downloading from the Web Sites, or from transmissions via emails or attachments received from us or its licensees; and
• representations, warranties, conditions and other terms which but for these Terms of Service would have effect whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Sunnyjobs liability in respect of any non-excludable warranty or condition shall be limited to the maximum extent possible to the lesser of:
• the total fees you have paid to Sunnyjobs in the 3 months prior to the action giving rise to liability, or
• AU$50.00 whichever is lower.
If any part of our Terms of Service are deemed invalidate, that part will be terminated and the balance of the terms remain in full force and valid. Failure to enforce one and or more of our Terms of Service does not imply or invalidate other Terms of Service.
In the event that you have any claim or action against any other member arising from that member’s use of our Web Sites or the product/ services we provide from time to time, you agree to pursue such claim or action independently of and without any demands from us, and you release us from all claims, liability and damages, arising from or in any way connected to the claim or action. In the event that a claim or action is brought against us from your activities or use of our Web Sites or the services, including any breach by you of these Terms of Service or any charges or complaints made by other parties against you, you agree to pay, hold harmless and defend us in the claim or action. You also agree to cooperate as fully as reasonably required in the defence of any claim and allow us to assume the exclusive defence and control of the matter at our discretion.
Sunnyjobs will endeavour to ensure uninterrupted service, however, we give no guarantee of Web Site and services up time and/ or its availability.
Acts of God and/ or other issues and/ or events outside our control can impact on the provision of our Web Site and associated services. As such we will not be held liable nor give any express or implied guarantee of our Web Site or services availability.
If you have a dispute, please contact us at email@example.com. Sunnyjobs will endeavour to resolve your dispute in a timely fashion but gives no guarantees.
If you become aware of any breaches of the Terms of Service, you are required to report such breaches to Sunnyjobs immediately to firstname.lastname@example.org.
Except for notices relating to illegal or infringing content, your notices to Sunnyjobs must be sent by registered mail to the registered office of Sunnyjobs We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing.
SunnyJobs does not and will not offer a refund of monies paid.
Sunnyjobs is integrated to Stripe. Stripe process all one off and recurring credit card and debit card payments for services provided by Sunnyjobs. Stripe is PCI DSS (Payment Card Industry Data Security Standard) compliant and they exceed the most stringent field standards for security. Sunnyjobs does not store any card details and TSL (Transport Layer Security) is the process used to securely transmit data between you and Stripe. SunnyJobs is not responsible for any error that occurs during any offer or special redemption process, including any error by Stripe.
Please contact us at email@example.com if you have any questions regarding our Terms of Service.