Jim's Jobs Terms of Service v1.3

Terms of Service

Welcome to Jim’s Jobs, the online job management platform designed for our franchisees!

Before you begin using Jim’s Jobs, we require that you look through and accept these terms of use. These are your rights and obligations as a subscriber and our commitment to you as a service provider.

If you cannot agree to our terms, then you cannot use our services.

 

Accessing and Using Jim’s Jobs

1. You and Jim’s Jobs: When we refer to you or your, we mean you as the individual subscriber and any entity you’re authorised to represent. When we refer to Jim’s Jobs, we, our or us, we mean Jim’s Group Pty Ltd as the service provider.

2. Our Services: Our services encompass all of the online job management products and related services we provide now or in the future, including via our online platform at www.jobs.jims.net and mobile application.

3. Creating a Subscription: You become a subscriber by registering to use our services and accepting these terms. As the subscriber, you control access to the subscription, you’re responsible for ensuring compliance with these terms and for all of your invited users’ activity.

4. Invited Users: Any person or entity other than a subscriber who has been invited to use our services through a subscription must also accept these terms. Subscribers inviting others should understand the permissions they’re granting to invited users.

5. Using Our Services: As a subscriber or an invited user, we grant you an exclusive, non-transferable right to access and use our services via our online platform and mobile application, so long as the subscriber continues to pay the subscription until the subscription is terminated, or, if you’re an invited user, until your access is revoked.

6. Your Responsibilities: You are responsible for keeping your contact information up to date, providing true, accurate and complete information, protecting your username and password from misuse and notifying us of any unauthorised use or security breach. You agree to use our services only for lawful business purposes and with our permission. You agree not to share anything that is offensive or infringes upon the rights of others.

7. Modification of Services: We may occasionally introduce or modify our products and services. By continuing to use our services, you acknowledge acceptance of any additional terms of use relating to such modification.

 

Pricing and Subscription

8. Usage/Technology Fees: For subscribers, the use of our services generally requires payment of monthly subscription fees known as usage or technology fees in accordance with the Franchise Agreement. We may update or amend the fees from time to time. In order to continue using our services, you are required to make timely payments. We may suspend access to your subscription if you fail to do so.

9. Additional Services: If available, you may be able to take advantage of additional services or add-ons that our online platform or mobile application offers. These add-ons may incur an extra fee.

 

Intellectual Property and Confidential Information

10. Intellectual Property: We own the rights to all copyrighted designs, inventions, trademarks, know-how and other intellectual property in relation to our services. You agree not to reproduce, copy or modify our content or use our intellectual property in any way not expressly permitted by us.

11. Confidential Information: Confidential information includes all information exchanged between the subscriber or invited user and the service provider whilst using and accessing our services. To the extent required by law, you and we both agree to take reasonable precautions to protect the other party’s confidential information from being accessed by unauthorised individuals.

 

Data Use and Privacy

12. Use of Data: You own the data you submit to our online platform, however, through the provision of our services you allow us to copy, transmit, store, analyse, and back up all of this data, including personal and sensitive information about yourself, suppliers, customers and employees. This enables us to protect our services and create new services and offerings.

13. Privacy: We respect your privacy and take data protection seriously. In addition to these terms, you’re also accepting our privacy policy which sets out in detail how we deal with your personal and sensitive information in accordance with applicable privacy laws (https://jims.net/privacy-policy/).

14. Spam Act: We have a strict anti-spam policy. When using our services, you must ensure you have consent to send SMS or email messages and provide opt-out options in compliance with the Spam Act 2003 (Cth).

 

Security and Maintenance

15. Security Safeguards: Whilst we continue to implement safeguards to help keep your data safe and secure, we cannot guarantee complete protection. From time to time we may introduce mandatory security features, however, where use of these features is optional, you bear responsibility for any consequences arising by choosing not to use them. We strongly encourage the use of all available security features.

16. Securing Your Data/Data Loss: We take precautions but cannot guarantee data loss prevention. You’re responsible for maintaining copies of your data submitted through our services.

17. Service Availability: We strive to maintain 24/7 availability of our services. We may occasionally interrupt our services to perform maintenance. In any event, we will aim to minimise downtime and attempt to notify you in advance.

18. Accessibility: We cannot guarantee accessibility of our services at all times. We are not liable for delays or performance failures outside of our reasonable control.

19. Problems and Support: Our Help Desk team can assist you with any technical problems you may encounter and will work to resolve your concerns to your reasonable satisfaction.

 

Third-Party Applications and Products

20. Third-Party Products and Services: Some of our products and services are available through integration with third-party applications, such as Xero. If you enable these companies access to your data for the interoperation of such applications, it is important you’re aware each company is an independent provider with their own terms and privacy policies that apply to you. They’re solely responsible for any representations made in connection with your subscription. We do not endorse or assume responsibility for third-party products or services.

21. Third-Party Applications and Your Data: If you choose to enable third-party applications, your data, including the personal information of your suppliers, customers and employees, will be accessible to its providers and used to connect your subscription. We are not responsible for any disclosure, modification or deletion of your data resulting from such access.

 

Liability and Indemnity

22. No Warranties: We provide our services on an ‘as is’ basis. We do not warrant that our services will meet your requirements and that our services will not encounter any downtime, accessibility issues or data loss.

23. Indemnity: To the extent we are not at fault, you indemnify us against all losses, costs (including legal costs), expenses, demands or liability that we incur arising out of, or in connection with, a third-party claim against us relating to your use of our services or any third-party product.

24. Limitation of Liability: Subject to applicable law, we exclude liability for any loss or damage incurred in connection with our services or these terms.

25. Changes to Terms of Service: We may from time to time change these terms of service. We will endeavour to notify you of any material changes by posting a visible notice via our online platform.

26. Severability: Any void, invalid or unenforceable terms will be severed without affecting the validity or enforceability of the remainder of the provisions.

27. Dispute Resolution: These terms are governed by the laws of Victoria. As a subscriber, you submit to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

 

By registering with Jim’s Jobs, you acknowledge that you have read and understood these terms as they apply to you. If you have any further questions, please do not hesitate to reach out to the Help Desk team.