General User Agreement

THE FOLLOWING DESCRIBES THE TERMS ON WHICH THE- REGENERATION.COM PTY LIMITED (ACN: 104 719 217 ) OFFERS YOU THE USE OF THIS SERVICE. THROUGHOUT THIS AGREEMENT WE WILL REFER TO THE-REGENERATION.COM PTY LIMITED AS “Company” AND THE MEMBERSHIP AS ”Re Generation”

Welcome to the Company’s Site and the services provided by the Re Generation: the skills and talents of our members. The Re Generation offer a broad range of skills and talents which form one of the most powerful knowledge databases in the country. Their Skills Signatures® form a National Skills Bank. This Agreement describes the terms and conditions that govern your use of our services at http://www.theregeneration.com.au/ (the "Site"). If you have any questions, please refer to our Frequently Asked Questions.

You must read, agree with and accept all of the terms and conditions contained in this General Use Agreement, which include those terms and conditions expressly set out below and those incorporated by reference, before you use our site. We strongly recommend that, as you read this General Use Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions which apply to you as a user of the Re Generation.

By accepting this General Use Agreement, you also agree to be bound by the General Use Agreements and posted terms and conditions on other Company websites to the extent that you use those websites.

We may amend this Agreement at any time in our discretion by posting the amended terms on our Site. The fact that amendments have been made to the General Use Agreement will also be notified on our Announcements Board. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our Site.

Re Generation Service Use.

Re Generation members are free to offer their skills and talents on a fee or no fee basis. Members may register an array of skills and talents, some skills they may wish to be remunerated, while they may be happy to offer other skills free of any charge. You and the member shall determine the form of the transaction and any contractual relationship.

If a member is offering his skill or talent free of charge there is usually no need for a formal contractual relationship. If you wish to form a legally binding contract relating to a skill or talent from the Re Generation membership you must be over 18 years of age. Membership of the Re Generation is not available to persons under 18 years of age. If you do not qualify, please do not use our Site, or alternatively consult a guardian (e.g. parent) who can negotiate with members of the Re Generation.

  1. Usage of the Re Generation Search Facility.
    There are no charges payable to the Company for using the search facility and there are no fees or commissioned levied on any transaction that may result between our members and yourself. Any subsequent transaction between the Re Generation member and yourself is outside the domain or control of the Company.
  2. The Company is not an Employer or Principal.
    1. The Company is a Skills and Talents Broker. Members are not employees or agents of the Company. Users or Buyers are not agents of the Company. We are not involved in the actual transaction between member and buyer. As a result, we have no control over the quality, safety or legality of the Skills or Talents posted by members on the Re Generation Site, the truth or accuracy of the member’s claims, the ability of the members or the capacity of buyers to pay for the service offered. We cannot ensure and do not guarantee that a member or buyer will actually complete a transaction or act lawfully in using the Site.
    2. Release. Because we are not involved in the actual transaction between members and buyers, in the event that you have a dispute, you release the Company (and our officers, directors, agents, affiliates, parents, subsidiaries and employees) from claims, demands and damages (actual, special, direct, indirect and consequential) of whatever nature and Company will have no liability to you arising out of such claims.
    3. Information Control. In response to a buyer’s request and the search criteria provided, we will display the members that most closely match the search requirements. The member information or buyer information we display does not represent any endorsement, guarantee or legitimisation of the skill or talent offering or the buyer’s ability to complete a transaction. You are responsible for completing all transactions you participate in (including monitoring the status and complying with all relevant legal obligations). We do not control, endorse or approve the information or content provided by members or buyers which are made available through our system. You may find members' or buyers’ information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Re Generation Site. Please note that there are also risks of dealing with underage persons or people acting under false pretence. Additionally, there may also be risks with international trading and dealing with foreign nationals.
  3. Skill Listing.
    1. Listing Description. Members who list skills on our site must be over 18 (or have listed skills via a parent guardian). There are certain skill categories that may require us to remind you to check with the relevant State or Federal authorities, should you nominate one of these categories. The requirements may differ depending in which State or Territory you reside. Company will supply you with some information and some relevant web sites where you may obtain further information, we do not contend this information is complete or exhaustive in nature, you should make your own enquiries as required. We supply this information as a courtesy, and to assist you in selecting the member that may suit your requirements. Each member of the Re Generation has the opportunity to give a brief outline of the attributes of each of their skills, together with licenses, qualifications and experiences. These are either automatically available or may be requested by a buyer who wishes to use the member's skills and talents.
  4. Fraud.
    Without limiting any other remedies available to the Company at law, in equity or under this Agreement, the Company may, in its sole discretion, suspend or terminate your use of the site if we suspect that you have engaged in fraudulent activity in connection with our Site.
  5. Your Information.
    1. Definition."Your Information" is defined as any information you provide to us as a member, or a buyer. Your Information includes the descriptions of skills and talents you wish displayed on our Site or the search criteria you use as a buyer searching for particular skills. As well as any content you post on other web pages within our Site. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
    2. Restrictions.Your Information (including but not limited to any items listed) must not:
      1. be false, inaccurate or misleading;
      2. be fraudulent;
      3. infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
      4. violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, criminal law, antidiscrimination or trade practices/fair trading laws);
      5. be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
      6. be obscene or contain child pornography or, if otherwise adult in nature or harmful to persons under the age of 18 years. Refer to Appropriate behaviour
      7. contain any content that may be considered to be prohibited or potentially prohibited content for the purposes of the Broadcasting Services Act 1992 (Cth) (for more information about this legislation, please refer to the Internet Industry Association's Codes of Practice located at http://www.iia.net.au or http://www.aba.gov.au)
      8. contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;
      9. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
      10. link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement; or you do not have a right to link to or include
    3. License. Solely to enable the Re Generation to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. The Re Generation will only use Your Information in accordance with our Privacy Policy
  6. Access and Interference.
    You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of our Site or any transaction being conducted through our Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our Site is updated on a real time basis and is proprietary to or is licensed to the Company by our members or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our Site without the prior express written permission of the Company or the appropriate third party authorised to grant such permission. You shall not use the site to solicit members, directly or indirectly, for the supply of your goods and services in any manner other than in accordance with the intended operation of the site.
  7. Feedback.
    You may not take any actions that may undermine the integrity of the feedback system [used to acknowledge the performance of a member by supplying false or misleading feedback.
  8. Breach.
    Without limiting other remedies available to the Company at law, in equity or under this Agreement, we may, in our sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your use of the Site and refuse to provide our services to you if:
    1. you breach this Agreement, the Privacy Policy or the terms and policies those documents incorporate by reference;
    2. we are unable to verify or authenticate any information you provide to us; or
    3. we believe that your actions may cause legal liability for you, members, buyers or us.
  9. Privacy.
    The Company has Privacy Policies which apply to general use of this site and the members information contained therein. You must read and accept our Privacy Policy in order to use our Site, and you will continue to be bound by its provisions (and any amendments we make to the Privacy Policy) while you are a user of the Re Generation. If you decide you wish to join the Re Generation, you will also be required to agree to operate in accordance with our Membership agreement.
  10. No Warranty.
    1. WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES ON AN "AS IS" BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Furthermore we do not guarantee continuous, uninterrupted or secure access to our services, and operation of our Site may be interfered with by numerous factors outside our control.
    2. To the extent that the Company and all affiliates and related entities are able to limit the remedies available under this Agreement, and subject to Clause 12 of this Agreement, the Company and all affiliates and related entities expressly limit their liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the payment of AUD$45 to the party concerned.
  11. Liability Limit.
    1. IN NO EVENT SHALL WE, OUR AFFILIATES AND RELATED ENTITIES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). YOU AGREE TO ACCEPT SOLE RESPONSIBILITY FOR THE LEGALITY OF YOUR ACTIONS UNDER THE LAWS WHICH APPLY TO YOU. YOU AGREE THAT THE COMPANY AND ALL AFFILIATES AND RELATED ENTITIES HAVE NO RESPONSIBILITY FOR THE LEGALITY OF OUR MEMBERS' ACTIONS. TO THE EXTENT PERMITTED BY LAW, OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF:
      • THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; AND
      • AUD$20.
    2. Notwithstanding the above provisions, nothing in this Agreement is intended to limit or exclude any liability on the part of the Company and its affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation. To the extent that any warranty or condition cannot lawfully be excluded, Company's liability for breach of any such warranty or condition is limited to repair or re-supply of goods, re-supply of services or payment of the cost of same.
  12. Indemnity.
    You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable solicitors' fees, made by any third party due to or arising out of your breach of this Agreement or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.
  13. Legal Compliance.
    You shall comply with all applicable domestic (including common law) and international laws, statutes, ordinances and regulations regarding, as a member of the Re Generation your use of our service and your provision of skills or talents, solicitation of offers to use your skills and talents by a buyer, and as a buyer, the commissioning and employment of those member’s skills and talents. Specifically, you must ensure that your activities, skills, Talents, and Your Information you post on our Site do not violate the Broadcasting Services Act 1992 (Cth, the Trade Practices Act 1974 (Cth) and other relevant state-based fair trading legislation. For more information about this legislation and other legislation which may apply to you, please refer to http://www.austlii.edu.au Notwithstanding the successful conclusion of a transaction on our Site, you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful YOU ALONE, AND NOT THE COMPANY, ARE RESPONSIBLE FOR CONFIRMING THAT YOUR ACTIVITIES ARE LAWFUL. YOU MUST ENSURE THAT YOU COMPLY WITH ALL APPLICABLE LAWS. YOU MUST ALSO ENSURE THAT YOU COMPLY WITH ALL CLAUSES OF THIS AGREEMENT AND THE PRIVACY POLICY, AND ALL OTHER TERMS AND POLICIES INCORPORATED BY REFERENCE IN THOSE DOCUMENTS.
  14. No Agency.
    You and the Company are independent contractors, and no agency, partnership, joint venture, employee-employer, principal or agent or franchiser-franchisee relationship is intended or created by this Agreement.
  15. Notices.
    Except as explicitly stated otherwise, any notices shall be given by ordinary post (or if posted to or from a place outside Australia, by airmail) or by facsimile transmission to the-ReGeneration.com Pty Limited, Clayton Utz Level 34, No. 1 Spring Street, Sydney NSW 2000 Australia, or to the email address you provide to the Re Generation during the registration process (in your case) . Alternatively, we may give you notice by certified airmail, postage prepaid and return receipt requested, to the address provided to the Re Generation during the registration process, or as updated by you as relevant. Any notice shall be deemed given (a) if sent by email, 24 hours after email is sent, unless the sending party is notified that the email address is invalid, (b) if sent by pre-paid post, three Business Days after the date of posting, and on the seventh Business Day if sent to or posted from outside Australia, and (c) if sent by facsimile transmission, on the Business Day the transmission is sent (as long as the sender has a confirmation report specifying the facsimile number listed above, the number of pages sent and the date of the transmission). For purposes of this section, "Business Day" means a day on which banks are open for general business in Sydney, New South Wales, other than a Saturday, Sunday or public holiday.
  16. Arbitration.
    Any controversy or claim arising out of or in connection with this Agreement may at our discretion be settled by binding arbitration by reference to a commercial disputes centre. You agree to be bound by the ruling arbitrator. The costs of the dispute are borne by the originator.
  17. Additional Terms.
    The following documents as set out in clause 19are incorporated into this General Use Agreement by reference, and you agree to be bound by the terms and policies outlined in these documents. Any changes to the policies set out below will be notified on our Announcements Board
  18. Directory of Links
    1. Privacy Policy We may change our Privacy Policy from time to time and our changes are effective after we provide you with at least thirty (30) days' notice of the changes by posting the changes on the Announcement Board and sending email to users who select such notification.
    2. Outage Policy. We may change our Outage Policy from time to time and our changes are effective after we provide you with notice of the changes by posting the changes on the Announcement Board.
    3. Our Prohibited, Questionable & Infringing Skills and Talents Policy We may change the Prohibited, Questionable & Infringing Skills and Talents Policy from time to time and our changes are effective after we provide you with notice of the changes by posting the changes on the Announcement Board.
  19. General.
    This Agreement shall be governed in all respects by the laws of the State of New South Wales, Australia. All users of this Site irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by the Company in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that this Agreement may not be construed adversely against us solely because we prepared it. This Agreement and the terms and conditions incorporated herein set forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 1 (Fees) with respect to fees required to use the Re Generation, 3.3 (Release), 6.3. (License), 7 (Access and Interference), 12 (Liability Limit), 13 (Indemnity) and 17 (Arbitration) shall survive any termination or expiration of this Agreement. Commercially available parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to persons under the age of 18 years. If you are interested in learning more about these protections, information is available at http://www.worldvillage.com/wv/school/html/control.htm or other analogous sites providing information on such protections. The preceding link is provided for information purposes only, and is not intended as an endorsement of WorldVillage.com's Internet site, services, or policies. The Re Generation is not affiliated with WorldVillage.com. Disputes between you and the Re Generation regarding our services may be reported to our support desk. We encourage you to try and resolve disputes between any interacting party directly with them, and to use a certified mediation or arbitration entity or report disputes to your local police or law enforcement agency as appropriate.