Date of applicability: 2 August 2015
2. ELIGIBILITY TO USE TAPPL
Your access or use of TAPPL is conditional upon you:
- only having one TAPPL account, which must be in your real name; and
- not being already restricted by TAPPL from using the Services.
TAPPL is for your personal, non-commercial use unless we have expressly agreed otherwise. If you wish to use TAPPL for commercial purposes, you must enter into an agreement with us to do so. Your use of TAPPL is prohibited if we have banned you or terminated your account.
3. YOUR TAPPL ACCOUNT
In order to become a registered member of TAPPL (Member), you are required to authenticate your registration with TAPPL through the social networking sites LinkedIn or Facebook (either a Social Networking Site). Other registration requirements (such as the requirement to provide a back-up email address and basic work history) may also apply.
You have sole responsibility for protecting your account. You must not use the account of another Member at any time. You will notify us immediately if you suspect that your account has been used without authorisation. You have sole responsibility for any and all use of your account. Accounts may be cancelled or suspended by TAPPL at any time at TAPPL’s absolute discretion.
You agree that we may access, make available, and store (if applicable) any information, data, text, messages, tags, and/or other materials accessible through TAPPL that you have provided to and stored in your Social Networking Site account (such as your employment history) so that it is available on and through TAPPL via your account and your profile page.
Please note: your relationship with your Social Networking Sites is governed solely by your agreement with those Social Networking Sites. TAPPL disclaims any liability for personally identifiable information that may be provided to us by a Social Networking Site in breach of the privacy settings that you have set with that Social Networking Site account.
If you purchase any of our paid Services (Premium Services), you agree to pay us the applicable fees and taxes. Failure to pay these fees may result in the termination of your subscription. Also:
- Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
- You authorise us to store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your service (e.g. subscriptions) and to facilitate easy payment for new services.
- You must pay us for applicable fees and taxes unless you cancel the Premium Service, in which case you agree to still pay these fees through the end of the applicable subscription period.
- Taxes are calculated based on the billing information that you provide us at the time of purchase.
5. NOTICES, MESSAGING AND SHARING
5.1 Notices and service messages
We may provide notices to you in the following ways:
- a banner notice on the Service; or
- a push notification to your mobile device; or
- an email sent to an address you provided; or
- through other means including mobile number, telephone, or mail.
You agree to keep your contact information up to date.
Please review your tappl.com settings to control and limit what kind of messages you receive from us.
5.2 Messages and sharing
Note that completing or editing a review of someone is always anonymous and cannot be shared from within the Services.
Apart from publishing reviews, our Services allow messaging and sharing of information in many ways, such as posting a snapshot of your profile to your Social Networking Sites, TAPPL emails and push notifications. Information and content that you share or transmit may be seen by other Members or, if public, by members of the public who are not Members. Where we have made settings available in terms of the persons to whom you wish to share the information, we will honour the choices you make about who can see content or information (e.g., sharing a TAPPL request with specific persons). Where you choose to share information via your Social Networking Site(s), the persons to whom that information is accessible will be a function of your privacy settings with those Social Networking Site(s).
We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.
6. YOUR LICENCE TO TAPPL
Subject to this section, as between you and TAPPL, you own the content and information that you submit or post to the Services, but to be able to legally provide TAPPL to our visitors, we have to have certain rights to use such Content in connection with TAPPL, as set forth below.
By submitting suggestions or other feedback regarding our Services to TAPPL, you agree that TAPPL can use and share (but does not have to) such feedback for any purpose without compensation to you.
You agree to only provide content or information that does not violate the law nor anyone’s rights (e.g., without violating any intellectual property rights or breaching a contract). You also agree that your profile information will be truthful. TAPPL may be required by law to remove certain information or content in certain countries.
Note: the foregoing does not apply to content generated or derived (in whole or in part) from the Services – such as job histories or colleague ratings, ownership of which vests wholly in TAPPL.
7. SERVICE AVAILABILITY
TAPPL may change, suspend or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.
TAPPL is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law.
8. YOUR USE OF TAPPL
8.1 Rules of Conduct
You will not:
(a) Use any information obtained from TAPPL to:
- abuse, harass or cause harm to another person, or
- contact, advertise to, solicit, or sell to any visitor without first obtaining their prior explicit consent;
(b) Introduce software or automated agents to TAPPL, or access the Service so as to produce multiple accounts, generate automated messages, or to strip or mine data from TAPPL;
(c) Interfere with, disrupt, or create an undue burden on TAPPL or the networks or services to which TAPPL is connected;
(d) Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of TAPPL.
8.2 Links to Third Party Websites
TAPPL may contain links to third-party websites as a service to those who are interested in this information. You are responsible for deciding if you want to access or use such third party apps or websites. Your use of all such links to third-party websites is at your own risk. We do not monitor or influence, and make no representation regarding content on third-party websites. A link from TAPPL to a third-party website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party website. To the extent such links are provided by TAPPL, they are provided only as a convenience only. When you leave TAPPL, our terms and policies no longer apply. Except to the limited extent it may be required by applicable law, TAPPL is not responsible for these other sites and apps – use these at your own risk.
8.3 Third-Party Content on TAPPL
Content from other Members, visitors, advertisers, and other third parties is made available to you through TAPPL (Content) means any work of authorship or information, including reviews, work histories, colleague relationships, profiles, advertisements, messages, files, images, photos, e-mail, or other materials you find on TAPPL.
By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. TAPPL generally does not review content provided by our Members.
Because we do not control such Content, you understand and agree that:
- we are not responsible for, and do not endorse, any such Content, including advertising and information about third-party products and services, or the work history, colleague relationship and reviews provided anonymously by other Members;
- we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content; and
- we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other visitors, employers, advertisers, and third parties.
You agree that we are not responsible for third parties’ (including other Members’) content or information or for any damages as result of your use of or reliance on it.
9. SHARING YOUR CONTENT ON TAPPL
9.1 You are Responsible for Your Content
You are solely responsible for any and all Content that is posted through your account on TAPPL (Your Content), as well as the representations you make to us about Your Content. You agree that by submitting Your Content to TAPPL, you have reviewed and agree to abide by our Community Guidelines.
9.2 Representations Regarding Your Content
You represent and warrant that:
- Your Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person;
- By providing or posting Your Content, you do not breach any binding confidentiality, non-disclosure, or contractual obligations you might have towards a third party, including your current or former employer or any potential employer;
- Any information you provide in a review, message or post is correct;
- Any information you provide (whether to TAPPL directly or via your Social Networking Site account) about your current, past or potential status as an employee of a certain employer is correct and complete;
- Any review you upload is accurate and submitted on your own behalf, noting that any information you provide will be accessible by every Member of TAPPL.
9.3 Prohibited Content
You will not post any Content that:
- Is offensive or promotes discrimination, hatred or physical harm of any kind against any group or individual, or is pornographic or sexually explicit in nature;
- Involves, advocates or promotes harassment, bullying, or stalking of another person;
- Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing, or “spamming”;
- Is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- Breaches the copyright or other intellectual property rights of another person;
- Is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under eighteen (18);
- Provides instructional information about illegal activities such as making or buying illegal weapons, violating a person’s privacy, or providing or creating computer viruses and other harmful code;
- Contains identification information such as passport number, driver’s license number, or any other similar number, code, or identifier;
- Solicits passwords or personally identifying information for commercial or unlawful purposes from other visitors;
- Except as expressly approved by us, involves commercial activities and/or promotions such as advertising, marketing, affiliate links, and other forms of solicitation;
- Contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software;
- Posts or distributes information which would violate any binding confidentiality, non-disclosure or other contractual restrictions or rights of any third party, including any current or former employers or potential employers;
- Implies a TAPPL endorsement or partnership of any kind; or
9.4 Trading or incentivising reviews
You may not offer incentives in exchange for reviews. We will remove reviews where we have evidence that Members were compensated to leave reviews.
TAPPL reserves all of its intellectual property rights in the Services. For example, TAPPL, its logo and other TAPPL trademarks, service marks, graphics, and logos used in connection with TAPPL are trademarks or registered trademarks of TAPPL. Other trademarks and logos used in connection with the Services may be the trademarks of their respective owners.
11. ENFORCEMENT BY TAPPL
11.1 Removal of content
If you see any Content on TAPPL that you believe violates our policies, you should Contact us. Please include information as to why you believe the content should be removed. Once notified, we will review the Content and consider whether to remove or modify it.
11.2 Other enforcement actions
11.3 Defending Our Members
While we have no obligation to do so, we reserve the right to take appropriate action to protect the anonymity of our Members against the enforcement of subpoenas or other information requests that seek a Member’s electronic address or identifying information.
12. DISCLAIMER AND LIMIT OF LIABILITTY
12.1 No warranty
TO THE EXTENT ALLOWED UNDER LAW, TAPPL (AND THOSE WITH WHOM, TAPPL WORKS TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
12.2 Exclusion of liability
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS TAPPL HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), TAPPL (AND THOSE WITH WHOM TAPPL WORKS TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF TAPPL (AND THOSE WITH WHOM TAPPL WORKS TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) ONE HUNDRED AUSTRALIAN DOLLARS ($100).
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TAPPL AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF TAPPL HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
You hereby release us, our officers, employees, agents and successors from any and all claims, demands, and losses, damages, rights, claims, and actions of any kind that are either directly or indirectly related to or arises from: (1) any interactions with other visitors to or users of TAPPL, or (2) your participation in any of our offline events.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF TAPPL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WHERE PERMITTED BY APPLICABLE LAW, YOU AGREE THAT OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF TAPPL (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED AUSTRALIAN DOLLARS ($100).]
15. DISPUTE RESOLUTION
15.1 Governing Law
This Agreement and any and all claims or disputes by or between you or us, including but not limited to any such claims or disputes that are in any way related to or arising under this Agreement or your access to or use of TAPPL, shall be governed by the laws of the State of Victoria (Australia) without giving effect to any conflict-of-laws principles that may otherwise provide for the application of the law of another jurisdiction.
For any claim or dispute not subject to the Arbitration provision below, the claim or dispute shall be brought and litigated exclusively in the courts located within Victoria (Australia), and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND TAPPL ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND TAPPL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
Except for a claim that we may have against you, any and all disputes between you and TAPPL arising under or related in any way to this Agreement will be determined by an independent mediator as described in this section. This agreement to submit to mediation is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of TAPPL. The mediator will be appointed by the President of the Institute of Arbitrators and Mediators Australia, subject to this section. For any claim where the total amount of the award sought is $10,000 or less, the mediator, you and TAPPL must abide by the following rules:
- the mediation shall be conducted solely based on telephone or online appearances and/or written submissions; and
- the mediation shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
If the claim exceeds $10,000, the right to a hearing will be determined by the mediator, and the hearing (if any) must take place in Melbourne, Victoria (Australia). The mediator’s ruling is binding and may be entered as a judgement in any court of competent jurisdiction. In the event this agreement to mediate is held unenforceable by a court, then the claims or disputes that would otherwise have been mediated shall be exclusively brought in the courts located in Victoria (Australia) or Australian federal courts, as appropriate, and you agree to submit exclusively to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes.
Claims of infringement or misappropriation of TAPPL’s patent, copyright, trademark, or trade secrets shall be brought and litigated exclusively in the state courts located in Victoria (Australia) or Australian federal courts, as appropriate, and you agree to submit exclusively to the personal jurisdiction of each of these courts for the purpose of litigating such claims.