The following terms and conditions are subject to consumer protection laws, including the Australian Consumer Law, which may limit the ability to exclude liability or may imply warranties or conditions or impose obligations which cannot be modified, restricted or excluded (except to a limited extent). Any disclaimer of warranties and liability limitations applies subject to any rights you may have under such laws.
This Agreement governs your use of services provided by Senza Carta (“Services”). Senza Carta provides a software system, designed for employers, employees and job seekers to manage the exchange of documents, information and communication between you and an employer or prospective employer.
Senza Carta software is available for use within Australia. You may also use Senza Carta software to store employment information for the purpose of applying for work in overseas countries. It is your responsibility to ensure that any employment related form from an overseas country made available to you as part of Senza Carta services is the correct form for use within that country.
Senza Carta does not provide and will not provide advice or services relating to work rights, Visas, working and or visitor permits that may be required by the country that you are visiting. Senza Carta does not make available any form required for making an application relating to work rights and entry to overseas countries.
These are matters for which you must seek appropriate advice to ensure that you are eligible to be employed by an employer operating in a country other than Australia.
When you subscribe to Senza Carta software or when you are invited to use the software by an employer or prospective employer you will be able to establish a “Profile”. Your Profile contains personal information about you and your career, including but not limited to:
Despite your having access to the system on an as required or needed basis, Senza Carta reserves the right to remove or limit your access to the system in order to maintain serviceability, availability and performance and which Senza Carta considers fair and reasonable.
To access our Services as an individual user, you will be required to make payment prior to accessing the system.
Subject to review and change at any time and at the sole discretion of Senza Carta you may pay a once off subscription or a regular, recurring subscription either monthly or annually.
In the situation where you joined on the basis of a “once off fee” subscription fee and a regular recurring fee is introduced you will be provided with at least 30 days’ notice of the change.
If the situation arises that subscription methods are changed to regular, recurring payments you will have the option of cancelling your subscription or providing Senza Carta with your debit or credit card details for regular and recurring charges to take effect.
Where recurring charges are processed and fail due to insufficient funds or changes to account details, Services will be suspended until rectified. Rectification of arrears must occur within 14 days of the date the payment became payable to avoid services being terminated.
Senza Carta will make reasonable efforts to contact you to inform you that your account has been suspended or is about to be terminated and allow for any payment in arrears to be made.
Services are automatically renewed for successive periods at the subscription price that applies at the date of renewal unless terminated or cancelled by you or Senza Carta.
You agree to pay all charges and any applicable taxes that relate to your use of the System.
You may cancel Services at any time on the website page. Your account will remain active for the remainder of the term for which you have previously paid. Senza Carta may, without compensation or proration, cancel your subscription in the event of non-payment or dispute of payment or if you violate any terms or conditions of the Agreement.
If you believe you are entitled to a refund, please contact us on the telephone number advertised on the website or [email protected] Senza Carta will not unreasonably decline the payment of a refund however each particular case and circumstances shall be taken into consideration at the time of application.
If you consider that a charge has been incorrectly debited to your account, contact Senza Carta by the telephone number advertised on the website or email at [email protected] and we will endeavour to promptly attend to your enquiry and if at fault, refund any charge incorrectly debited to your account.
You agree while using Senza Carta Services, that you may not:
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of the Services. You will comply with laws regarding transmission of data. You acknowledge that your use of the Service is at your own risk and that you, not Senza Carta, are responsible for the secure storage of your Password. Senza Carta will not be liable for any loss or corruption to your content as a result of your failure to securely store your Password.
You shall be solely responsible for your own content and solely responsible for the consequences of storing orgranting access to your Profile, Content and stored documents within the Services. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to distribute Content through the Services.
For clarity, you retain all of your ownership rights to your Profile, Content and stored documents. Senza Carta does not claim any ownership in or to your Profile, Content and stored documents. Nothing in this Agreement grants Senza Carta any rights to your Content.
Senza Carta does not endorse any information or Content stored on or distributed through the Services and Senza Carta expressly disclaims any and all liability in connection with the Content.
You agree that Senza Carta may terminate your access to the services if your content violates this agreement.
Senza Carta will cooperate with law enforcement agencies when required to do so by an authority of competent and recognised jurisdiction.
The Services and software are provided “as is” at your own risk without express or implied warranty or condition of any kind. You acknowledge that while Senza Carta will diligently develop and operate the service, there is always the potential for design and operational errors to effect the behaviour, performance, security and availability of the service and your Content stored in it. Senza Carta will have no responsibility for any harm to your computer system, loss or corruption of data or other harm that results from your access to or use of the services or software.
To the fullest extent permitted by law, neither Senza Carta, its affiliate officers or employees, nor any third party provider, shall be liable to you or any third party for any direct, indirect, incidental, special, consequential, exemplary or punitive damages whatsoever arising out of the use of or inability to use the Services whether or not Senza Carta has been advised of the possibility of such damages.
The Services are controlled and offered by Senza Carta from its facilities in Australia. Senza Carta makes no representations that the Services are appropriate or available for use in other geographic locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to indemnify, defend and hold Senza Carta and its affiliates, and both Senza Carta and their respective officers, directors, owners, employees, agents, information providers and licensors harmless from and against any and all claims, liability, losses, damages, obligations, costs and expenses, including legal costs, incurred by any Senza Carta party in connection with any Content or use of the Services, by you or by any by other person you authorise to use the Service. Senza Carta reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Senza Carta’s defence of such claim. This defence and indemnification obligation will survive these Terms of Service and your use of the Services.
Accounts for business entities are subject to Terms & Conditions that are separate to this Agreement.
Please refer to Terms of Service for business enterprise subscribers in relation to the Agreement governing use by enterprises, their delegates and representatives.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you without authorisation from Senza Carta, but may be assigned by Senza Carta without restriction or prior notice.
The Agreement is governed by and must be interpreted in accordance with the laws for the time being in force in the State of Queensland, Australia. You agree to the non-exclusive jurisdiction of the courts of or exercising jurisdiction in that State.
No failure in delay in exercising or enforcing this policy shall constitute a waiver of the Agreement or any other right or remedy. If any provision of the Agreement is deemed unenforceable due to law or change in law, such a provision shall be disregarded and the balance of the Agreement shall remain in effect.
You and Senza Carta agree that any cause of action arising out of or related to the services must commence within one (1) year after the cause of action arises, otherwise, such cause of action is permanently barred.
All users are advised to obtain their own legal advice on the terms and conditions of this Agreement.
You acknowledge that you were advised to obtain independent legal advice before entering into this agreement and either did so prior to commencing your use of Senza Carta Services or Declined to do so and accept full responsibility for any loss which may arise as a result of the failure to obtain such independent legal advice.