PeopleTray – Terms and Conditions

Updated: 15 November 2020

By using PeopleTray, you agree to be bound by the terms and conditions below. PeopleTray Pty Ltd, ABN 76 118 840 056, trading as ‘PeopleTray,’ may modify this agreement at any time and such modifications shall be effective immediately upon posting the modified agreement on the PeopleTray website. Please also read the PeopleTray Privacy Policy.

Copyright and trademarks

Copyright in the materials and trademarks contained in PeopleTray’s website and software applications are owned by PeopleTray Pty Ltd, unless otherwise indicated and you agree not to infringe any Trademark or Intellectual Property rights owned by PeopleTray Pty Ltd.

Responsibility for data

The PeopleTray software application is provided to assist its customers in the capture, storage and reporting of business data.

Security is a part of the PeopleTray culture. We take robust measures to ensure that your data is always secure. The PeopleTray databases and applications are hosted by Microsoft Azure, providing our customers the benefits of world leading in hosting, data security, application availability and performance.

It is the customers responsibility to review and audit its data to ensure that the data stored and processed in PeopleTray, supports its business requirements.

While PeopleTray makes every effort to keep your business data safe and available, there are risks inherent in any data management service. Hence,  PeopleTray Pty Ltd is not liable to you, the customer, for any loss whatsoever due to loss of access to PeopleTray, failure of PeopleTray to successfully capture data, or for any loss of data due to errors or failure of the PeopleTray application or database, or for any decision, or lack of decision made or action or lack of action taken by PeopleTray and its 3rd party service providers or you, the customer, for any other loss due to reliance upon any information contained in, omitted, lost or deleted from PeopleTray.

Expertise and continuous service

PeopleTray Pty Ltd uses its extensive expertise and makes every effort to provide a quality, uninterrupted service to its customers, but does not guarantee or warrant that PeopleTray will be uninterrupted, error or defect free or that errors and defects in the service.

You agree that you will maintain information, data, documents and other file copies and backups in a manner that ensures that you and your business will not be adversely impacted by any lack of ability to access or use PeopleTray, or any loss or corruption of data in PeopleTray.

In no event will PeopleTray Pty Ltd be liable to you, the customer, for any loss whatsoever due to the unavailability of PeopleTray or for any loss or corruption of data.

Data Security

PeopleTray Pty Ltd uses its expertise and makes every effort to ensure the safety and security of data. It also relies on third party products and services for the security and safety of data. It does not provide any guarantee or warranty that data transmitted to or from, or stored in PeopleTray will not or cannot be stolen or copied by unauthorised persons or technologies. In no event will PeopleTray Pty Ltd be liable to you, the customer, for any loss whatsoever due to security breaches, stolen or copying of data by unauthorised person or technologies, nor for any accidental access to data, or access to data due to software errors, configuration errors, by any person including your employees, contractors, stakeholders and regulators to data that results in damage or loss to your business of any kind.

Advertiser information for personal, non-commercial use only

PeopleTray customers may advertise job and role vacancies using PeopleTray. You agree that such advertisements are legal and ethical. You also agree to use any applicant and other personal data for legal and proper purposes.

PeopleTray Pty Ltd does not endorse or recommend any of the jobs, business or self-employment opportunities advertised on PeopleTray by its customers and PeopleTray Pty Ltd recommends that prior to entering into any employment or other agreement with any of the Advertisers on PeopleTray, that you obtain your own independent legal, accounting, financial or taxation advice as appropriate.

PeopleTray Pty Ltd gives no guarantee of the validity or continued availability of any job advertised on PeopleTray and will not be liable to you should any advertisement be invalid or no longer available.

Intellectual Property and Lawful use

You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from PeopleTray, including code and software. You must not use PeopleTray for any purpose that is unlawful or prohibited by these terms of use.

You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on PeopleTray for copying, maintaining, advancing or reproducing information contained in PeopleTray on your own website or in any other publication, except with the prior written consent of PeopleTray Pty Ltd.

Information does not represent professional advice

You acknowledge and agree that information published or otherwise provided by PeopleTray Pty Ltd or its employees is intended to provide general information to aid customers in the use of PeopleTray. It is not legal or professional advice. You agree to obtain your own independent legal, accounting, financial or taxation advice as appropriate.

It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided by PeopleTray.

No guarantees or endorsements of sites or services we link to or that link to us

PeopleTray includes links and points to Internet sites maintained by third parties. Such linked sites are not under the control of PeopleTray Pty Ltd and PeopleTray Pty Ltd is not responsible for the contents (including the accuracy, legality or decency) of any linked site or any link contained in a linked site. PeopleTray Pty Ltd provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PeopleTray Pty Ltd of the linked site. PeopleTray Pty Ltd is not responsible for the copyright compliance of any linked site. PeopleTray Pty Ltd will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party.

Virus and Malware protection

PeopleTray Pty Ltd cannot and does not guarantee or warrant that files available on PeopleTray for downloading or delivered via electronic mail will be free of infection or viruses, worms, trojan horses, ransomware or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures, checkpoints and tools to protect your business and business information, including information input into PeopleTray or obtained from PeopleTray, from viruses and malware and for maintaining the accuracy of data and for maintaining a means external to the PeopleTray for the reconstruction of any lost data.

Our rights to use information you send us

PeopleTray Pty Ltd does not claim ownership of the data, information or files you import or otherwise add to PeopleTray. You do, however, license PeopleTray to view and otherwise use your data expressly for the purpose of providing and improving its services to you.

PeopleTray Pty Ltd welcomes ideas and feedback from you about all aspects of PeopleTray. You agree that PeopleTray Pty Ltd 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 provide to PeopleTray Pty Ltd by written, verbal or other communication. (Please read our privacy policy for more information as to how we deal with information you send to us.)

No guarantees as to security of your information

While PeopleTray takes all due care in ensuring the safety, privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed, stolen or obtained by a third party while in transit over the Internet or while stored in PeopleTray. PeopleTray Pty Ltd disclaims all liability to you to the greatest extent possible pursuant to law should this occur.

Your responsibility for your password and login

To become a registered user, you must provide a password and a login name. You are entirely responsible if you do not maintain the confidentiality of your password and login name. Furthermore, you are entirely responsible for any and all activities that occur under your login name. You may change your password at any time by managing your PeopleTray settings.

You agree to immediately notify PeopleTray Pty Ltd of any unauthorized use of your login name or any other breach of security known to you.

No misrepresentations allowed

You agree that it is a condition on your use of the PeopleTray and of any other services provided by PeopleTray Pty Ltd that you will not, through any act or omission (including but not limited to creating a profile in PeopleTray) mislead or deceive others.

General provisions

If any part of this agreement is held invalid that part shall be severed from this agreement and the remainder of this agreement will continue to be valid and enforceable.

The headings in this agreement are for the purpose of navigating the content and do not form part of the terms.

Termination of this agreement will not end those provisions that are capable of surviving the ending of this agreement.

The laws governing this agreement will be the laws in Western Australia, and you irrevocably submit to the exclusive jurisdiction of its Courts and its Appellate Courts and the jurisdiction of the Federal Court of Australia sitting in Western Australia.