Terms

This website and its contents are the property of Sajari Pty Ltd ACN 156 303 918 (“Sajari”). These Terms of Service ("Terms") govern your access to and use of this website, the Sajari search engine, recommendation and personalization tools, employment management tools, any other Sajari websites and services (the "Services"), and any information, text, graphics, social profiles or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). Your access to and use of the Services is conditional on your acceptance of and compliance with these Terms. By joining, or continuing to use or browse the site, you agree to be bound by the Terms.

Sajari additionally has a policy regarding privacy and user data, which outlines how Sajari protects and uses your information.


Sajari's rights

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Sajari and its licensors. The Services are protected by copyright, trademark, and other laws of both Australia and foreign countries. Nothing in the Terms gives you a right to use the Sajari name or any of the Sajari trademarks, logos, domain names, and other distinctive brand features. Sajari reserves all intellectual property rights, including, but not limited to, copyright in the Services and Content. The Services and Content may not be: (i) re-sold and/or re-distributed in any material form; (ii) stored in any storage media; and/or (iii) re-transmitted in any media; without the prior written consent of Sajari. Any feedback, comments, or suggestions you may provide regarding Sajari, or the Services is entirely voluntary and Sajari will be free to use such feedback, comments or suggestions as Sajari sees fit and without any obligation to you.


Use of your information

Sajari is a personalization and recommendation tool and as such, it personalizes parts of its website to cater to individual users. For this reason, we do gather user information to perform this service, but we do so in a way that does not identify you publicly or to us. We will not display your User Information publicly, or privately, without your prior consent.

Any information that you provide to Sajari is subject to our Privacy Policy accessible here, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to Australia, the United States and/or other countries for storage, processing and use by Sajari. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Sajari account, which you may not be able to opt-out from receiving.


User agreement

You must not add any Content that: (i) is defamatory or a malicious falsehood in relation to any product, service, person or corporation; (ii) infringes any intellectual property right including, but not limited to, trade marks, service marks or business names (whether registered or unregistered), confidential information or copyright; (iii) infringes any legislation or regulations of the Commonwealth of Australia or the State of New South Wales (including, but not limited to, the Competition and Consumer Act 2010 (Cth), Broadcasting Services Act 1992 (Cth) and the Fair Trading Act 1987 (NSW)) or equivalent state and territory legislation and legislation of any other parliament competent to legislate in relation to the Services or Content or any law in any country where the Content is or will be available electronically to users of the Services; (iv) is threatening, abusive, obscene or otherwise objectionable or that contains sexual, ethnic or racial or other discriminatory language or vilification; (v) is otherwise in violation of any law; or (vi) that would bring Sajari, or the Services, into disrepute.

You must not post any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us), or engage in spamming or flooding. Sajari reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate user accounts, reclaim usernames or URL's. Sajari also reserves the right to prevent access to specific users, computers or IP address ranges at our sole discretion. Sajari also reserves the right to access, read, preserve, and disclose any information as Sajari reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Sajari, its users and the public. You must not : (i) access, tamper with, or use non-public areas of the Services, Sajari’s computer systems, or the technical delivery systems of Sajari’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Sajari (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Sajari; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services (vi) reproduce any Services or Content in any material form; (vii) distribute any Services or Content in any material form; (vii) re-transmit any Services or Content by any medium of communication; (viii) upload and/or repost any Services or Content to any other website; (ix) “frame” any Services or Content with other material on any other web site.

Some Services provided require you to register before you may use or access them. If you register, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) be responsible for the confidentiality and use of your username and password and not transfer or resell your use of or access to the Site to any third party. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You acknowledge and agree that Sajari will not be liable for any loss or damage arising from your failure to comply with the above requirements.

You agree that Sajari may display your business logo on our site unless a written agreement outside of these terms states otherwise.


Quality of service and support

Sajari Pty Ltd will use reasonable efforts to ensure that the Service is available twenty-four hours a day, seven days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by Sajari Pty Ltd. to minimize such disruption where it is within Sajari Pty Ltd's reasonable control.

Technical support is only available via email. While Sajari Pty Ltd. will work to respond to all requests within 24 hours, there is no agreement to respond within a certain period of time unless otherwise arranged and confirmed in writing.


Cancellation

You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link (visible after you log in) in the navigation bar from your dashboard page. This is the only way in which you may cancel your account. All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled. If you cancel your Service before the end of your current paid up period (month, quarter, half-year, full-year), your cancellation will take effect immediately and you will not be charged again, nor will you receive a refund for the unused portion of the payment period.

Sajari Pty Ltd., in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account and your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Sajari Pty Ltd. reserves the right to refuse service to anyone for any reason at any time.


No endorsement

Sajari does not endorse any user provided Content (“User Content”) made available to users as part of the Services. We may not monitor or control User Content and give no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise of User Content and accept no responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

The Services contains links to websites owned and operated by third parties and which are not under the control of Sajari. Sajari does not take responsibility for the content in, or currency of, any externally linked sites. The inclusion of any link within the Services does not imply endorsement by Sajari of the linked site, nor does it suggest any relationship with the organisation linked.

Sajari does not endorse any Advertisements displayed as part of providing the Services. Advertisements served on the site are not selected or moderated by Sajari.


Licence and copyright

Sajari Pty Ltd claims no ownership or control over any Content or Application. You retain copyright and any other rights you already hold in the Content and/or Application, and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying the Content on or through the Sajari Pty Ltd Services you give Sajari Pty Ltd a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content for the sole purpose of enabling Sajari Pty Ltd to provide you with the Services. Furthermore, by creating an Application through use of the Services, you give Sajari Pty Ltd a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly display and distribute such Application for the sole purpose of enabling Sajari Pty Ltd to provide you with the Sajari Pty Ltd Services.


Limited liability

To the full extent permitted by law Sajari disclaims any and all warranties, express or implied, regarding: (i) the accuracy, reliability, timeliness or otherwise of the Services or Content and/or of any linked sites; (ii) merchantability or fitness for any particular purpose for any service or product contained or referred to in the Services or the Content.

Sajari will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you: (i) acting, or failing to act, on any information contained in or referred to in the Services or Content ; or (ii) using or acquiring, or your inability to use or acquire, any service or product contained or referred to in the Services or Content.

Sajari does not warrant, guarantee or make any representation that: (i) The Services are free of software viruses; (ii) the functions contained in any Services will operate uninterrupted or are error-free; or (iii) errors and defects in the Services will be corrected.

Sajari is not liable to you for: (i) errors or omissions in the Services, or linked websites; (ii) delays to, interruptions of or cessation of the Services; or defamatory, offensive or illegal conduct of any user of the Services, whether caused through negligence of Sajari, its employees or independent contractors, or through any other cause. Nothing in these Terms excludes or purports to exclude the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia ("Non-Excludable Guarantees"). Where Sajari is liable to compensate a person as a result of a breach of the Non-Excludable Guarantees or any other condition or warranty that cannot be excluded by law, Sajari’s liability is limited, at the choice of Sajari, to one or more of the following : (i) If the breach of an implied warranty or condition relates to services: (a) the supply of the services again; or (b) the payment of the cost of having the services supplied again. (ii) If the breach of an implied warranty or condition relates to goods: the replacement of the goods or the supply of equivalent goods; the repair of such goods; the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.

To the extent permitted by law you will at all times indemnify and keep indemnified Sajari and its respective officers, employees and agents (in this paragraph referred to as “those indemnified”) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of your use of or access to the Services or Content.


Updates to terms

Sajari reserves the right to amend or change these terms at any time. Any such modifications shall be effective immediately upon being posted to the site.


No service guarantees

The Services that Sajari provides are always evolving and the form and nature of the Services that Sajari provides may change from time to time without prior notice to you. In addition, Sajari may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.


Governance

The use of Services provided by Sajari and the agreement set out in these Terms are governed by the laws of New South Wales, Australia, without giving effect to any principles of conflicts of laws. You agree to the jurisdiction of the courts of New South Wales to determine any dispute arising out of these Terms.


Waiver / Severability

The failure of Sajari to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, at the option of Sajari the remaining provisions of these Terms will remain in full force and effect.

Feel free to contact us if you would like to know more, or you have discovered Content or other usage of the Services in breach of these terms. Changes to these Terms will be announced via a Twitter update on the @Sajari handle.

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