WORK IN MANFUFACTURING JOB PORTAL TERMS OF SERVICE
Last updated: July 2025
IMPORTANT: Please read these Terms carefully as they contain important information regarding your legal rights, remedies and obligations in respect of the Services. By creating a Profile, you agree to by bound by these Terms and agree to use the Services in accordance with these Terms. If you do not agree to these Terms, do not create a Profile or use the Services.
We may review and update these Terms from time to time without notice. We will publish any updated Terms on our Website. If you continue to use the Portal after we publish the updated Terms, you agree to be bound by the updated Terms. You are responsible for checking our Website for updates to these Terms.
Please also see our Privacy Policy available at https://msq.nousuat.com.au/privacy-policy/ for information about how MSQ handles and uses personal information.
Effect of Terms
These Terms are effective from the date you create a Profile and continue until your Profile is permanently deactivated.
Service limitations and disclaimers
In using the Services, you understand and agree that:
- the Services are limited to matching Job Seekers with Jobs or Employers through the Portal and MSQ does not act as, or on behalf of (in any capacity, whether an agent, partner or otherwise), any Job Seeker or Employer;
- the Services are designed and intended for Australian residents, and we make no warranty, guarantee or representation that the Services or Content are appropriate or available for access or use in locations outside of Australia, or that your access or use of the Services or Content outside Australia will not be considered unlawful or illegal under the laws of that country;
- if you access or use the Services from locations outside of Australia or you are not an Australian resident, you access or use the Services at your own discretion and are responsible for compliance with the applicable laws when accessing or using the Services;
- MSQ does not provide any employment advisory or consultancy services and such services are expressly excluded from the Services;
- MSQ is not an NDIS provider and does not provide any associated services (such as health care or transport services) other than those expressly made available through the Portal;
- the Services do not constitute or replace any professional employment or recruitment advice or services;
- the Services are provided on an “as-is” basis and MSQ makes no warranty, guarantee or representation that the Services will be error-free, complete, accurate, up to date, uninterrupted, fit for purpose or will not give rise to any Loss, Liability or Claims;
- the Services are provided online and we have no control or responsibility over the stability of the network or web browser you use to access the Services, or the security of data transmitted over the Internet;
- MSQ makes no guarantee, warranty or representation that any Content or Data you access or download will be free from viruses, worms, Trojan horses or any other malware or malicious code that may cause damage or interrupt your network, systems, environment and any other hardware or software; and
- you responsible for determining whether the Services are fit for intended purposes.
Your Profile
Creation of Profile. You must create and register a Profile as set out in our Website in order to use and access the Services. If you create a Profile, you represent and warrant that:
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- you are at least 16 years old;
- you are one of the following:
- an Australian citizen living in Queensland;
- a permanent resident of Australia living in Queensland;
- a New Zealand citizen permanently residing in Queensland;
- a refugee and humanitarian visa holder living in Queensland; or
- a temporary visa holder living in Queensland with the necessary visa and work permits on the pathway to permanent residency;
- all Data is complete and accurate, including the information set out in your Profile, the documents provided to an Employer or in relation to a Job application; and
- subject to clause 5.1, you are using the Services for your sole benefit and not on behalf of any other person or for such person’s benefit.
Verification
You consent to MSQ (or any third-party authorised by MSQ) without notice, verifying any Data and for MSQ to make inquiries and investigations about you, including through a telephone or video call, conducting searches against third party databases or verification of any official government, photographic identification or legal document. Some Service functions or access rights may be limited at our discretion during any verification or investigation without notice.
Profile activity
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- You are responsible for all activity that occurs in and through your Profile, including any unauthorised activity. You acknowledge and agree that you are entirely responsible and liable for maintaining the security and secrecy of your Profile including the login credentials. You are solely responsible for and assume all risk arising from your Profile or use of the Services.
- Unless otherwise permitted by us in writing:
- your Profile must only be used by you; and
- you must not allow any unauthorised person to access your Profile or the Services at any time.
- MSQ will never ask you to send your password or other sensitive information via email or enter it into any website other than through the Portal or our Website. If you ever suspect that there has been any unauthorised use of your Profile or the secrecy of your password has been compromised, you must immediately change your password and contact us.
Suspension
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- MSQ may, in its sole discretion, for any reason at any time, suspend the Services or disable or restrict your Profile if:
- MSQ determines (acting reasonably) that you have breached these Terms;
- required by Law; or
- a Force Majeure Event occurs.
- If the Services are suspended or your Profile is disabled or restricted in accordance with this clause 3.4, the suspension or restriction will continue until MSQ is satisfied (in its absolute discretion) that the circumstances giving rise to the suspension or restriction are resolved.
- Your obligations under these Terms continue in the event the Services are suspended or your Profile is disabled or restricted, unless those obligations are affected by the suspension or restriction.
Deactivation
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- We may terminate your access to the Services and permanently deactivate your Profile immediately upon notice if:
- you have breached these Terms and the breach is not capable of remedy, or you have not rectified the breach within 7 days of receiving notice from us identifying the breach and requesting you to remedy the breach;
- required by Law;
- any of our subcontractors are unable to provide the subcontracted services, including the provision of the Portal;
- MSQ will no longer provide the Services to your resident country or the country from where you are using or accessing the Services; or
- the provision of Services is (in MSQ’s sole opinion) no longer commercially viable.
- You may deactivate your Profile at any time by following the process set out in the Website or Portal.
- Once your Profile has been deactivated:
- these Terms terminate immediately;
- your access to the Services ceases and the rights granted to you at clause 4.2 are immediately revoked; and
- if we deactivate your Profile pursuant to clause 3.5(a), we may (in our sole discretion) invite you to reactivate your Profile.Services
MSQ obligations
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- Subject to your compliance with these Terms, MSQ will provide you the Services as set out in these Terms.
- You understand and agree that we may engage subcontractors to perform all or part of our obligations under these Terms (including our obligation to provide the Services) at any time without prior notice or approval.
Access to Portal
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- Subject to your creation of a Profile, MSQ grants you a limited, non-exclusive, non-transferable, non-sublicensable, royalty-free right to access and use the Portal to use the Services and to apply for Jobs and secure an employment contract, in accordance with these Terms.
- If you are accessing the Portal as a mobile application, MSQ grants you a right to download and install the Portal onto your mobile device under the same conditions set out in clause 4.2(a).
Service availability
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- MSQ will make reasonable efforts to make the Services available to you and respond to any technical or service support inquiries you may have relating to the Services.
- Notwithstanding clause 4.3(a) above, you understand agree that your access to, or use of, the Services may be disrupted at any time, including as a result of:
- any malfunction, network outage or error;
- any updates, upgrades, maintenance or repair of the Portal by us or our subcontractors; or
- a Force Majeure Event.
Your obligations
Minors
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- If you are a Minor, these Terms are agreed by and entered into by your parent or legal guardian on your behalf and any reference to “you”, or “your” in these Terms (other than within this clause 1(a)) is a reference to that parent or legal guardian.
- You understand and agree that:
- you are bound by these Terms on behalf of your Minor;
- a Minor may create a Profile and use the Services, however you must, at all times, supervise that Minor in their use of the Services and have access to their Profile;
- are responsible for the acts and omissions of a Minor in respect of the Services, as though you committed such acts and omissions; and
- notwithstanding any provision in these Terms, you may access or use the Services or a Minor profile on behalf of, or for the benefit of, a Minor.
General obligations
- You must:
- perform your duties under these Terms with due care, skill and diligence and in accordance with the Law;
- use the Services in accordance with these Terms; and
- provide us all information and co-operation required by MSQ (or any of our subcontractors) to provide the Services.
- Restrictions of use
- In using the Services or Portal, you must not (and must not allow, enable or permit any other person to):
- breach or circumvent any laws, agreements with third-parties, third-party rights or these Terms;
- reproduce, adapt, duplicate, rent, copy, sell, trade, resell, distribute or exploit any part of the Portal or Services;
- act in any manner that is unlawful or illegal, that violates another person’s or entity’s rights (including Intellectual Property Rights, confidentiality rights and privacy rights) or that is fraudulent, false, misleading, or deceptive;
- cause harm or Loss to anyone;
- use the Services for any commercial or other purposes that are not expressly permitted by these Terms;
- impersonate another person or entity, including a representative of MSQ;
- use the Services or Portal in a manner that could damage the reputation of MSQ;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behaviour;
- permit or assist any third person to access or use the Services or Portal, or otherwise grant any third person unauthorised access to use the Services;
- use the Portal in connection with the distribution of unsolicited commercial messages (“spam”);
- menace, harass, offend or cause annoyance to any person;
- promote or facilitate violence or terrorist activities;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from the Portal for any purpose;
- distribute computer viruses, worms, Trojan horses or other malicious code;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by MSQ or any of our subcontractors or any other third party to protect the Portal;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software or source or object code used to provide Portal; or
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of Portal.
Use of Services and Portal
In using the Services and Portal, you must:
- independently review, assess and verify that you meet the requirements or expectations of each Employer in respect of a Job;
- ensure that any information you provide to the Employer (including as comprised in the Data) is complete, accurate and up to date;
- comply with any instructions, directions or requirements provided by the Employer;
- not post or upload any information or materials (including as comprised in your Profile or resume) which are not genuine or which attempts to advertise or promote products or services; and
- communicate with all Employers in a timely and professional manner.
Disclaimers
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- MSQ makes no warranty, guarantee or representation:
- that any Job applications you submit through the Portal will progress or be successful;
- that you will secure a job with your preferred Employer, or in a timely manner or at all;
- that an Employer will receive, be notified of, access, read or respond to any Job application or correspondence you send the Employer through the Portal;
- that there will be no mistakes in MSQ’s transmission or storage of Data through the Portal;
- that a Job will still be available between the time you submit your application and the time it is received by the relevant Employer; or
- in respect of any Employer, including (without limitation) regarding any Employer information or posts available through the Portal.
- MSQ is not responsible for, and has no obligations in respect of:
- ensuring or verifying that your experience, qualifications or certifications meet the requirements, standards or expectations of Employers in respect of a Job (including those specified by the Employer on the Portal);
- any representations made by you to any Employer or otherwise through the Portal;
- contacting or communicating with any Employers, including on your behalf;
- verifying the legitimacy, accuracy, completeness, appropriateness or legality of any Jobs or Employers or any Data provided to you by the Employers;
- your failure to meet Job application deadlines; or
- any unsuccessful Job applications or your failure to secure a Job.
- You understand and acknowledge that:
- the relevance of the Jobs and Employers matched with you or your Profile depends on the accuracy of your Data;
- Employers may reject your application for any reason (including without limitation, due to duplicate applications); and
- the Services do not restrict you from contacting the Employer independently of the Portal or Services.
- To the fullest extent permitted by Law, we disclaim any implied warranties with respect to the Services and the Portal. This disclaimer does not affect your rights under the ACL.
Intellectual Property Rights
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- No rights of ownership in and to the MSQ IP or the Services are transferred to you under these Terms.
- You must not (and must not allow, enable or permit any other person to):
- commercialise or otherwise exploit the MSQ IP;
- use the MSQ IP in any way that could damage our reputation or infringe our Intellectual Property Rights; or
- use or register the words, “MSQ”, “Manufacturing Skills Queensland”, “WORK IN MANUFACTURING JOBS PORTAL”, or any other trade mark used by MSQ as or as part of, any trade mark, company name, business name or domain name.
Third-Party Content
Third-Party Content
To the extent that any Third-Party Content is comprised in the Services, you understand and agree that:
- MSQ does not make any representations, guarantees or warranties in respect of the Third-Party Content, including without limitation, any representations, guarantees or warranties that:
- your use of the Third-Party Content will not infringe third-party Intellectual Property Rights; or
- the Third-Party Content is secure will operate or function without any errors or interruptions;
- no right, title or interest in and to the Third-Party Content (including the Intellectual Property Rights subsisting in such content) is transferred to you under these Terms; and
- unless we inform you otherwise, you are solely responsible for complying with the terms and conditions applicable to your use of the Third-Party Content (which may be made available to you by MSQ or the third-party provider) and payment of the associated fees for your use of the Third-Party Content.
Third-party links
The Services may contain links to websites and other online resources operated by third parties (including the Employers). You acknowledge and agree that we do not have any control over, and are not responsible or liable for, the content of any website or other online service operated by any third party, or the privacy practices of any third party. Links to third party websites and resources do not constitute an endorsement by MSQ of the third party’s products or services.
Confidentiality
A party who obtains proprietary or confidential information of the other party under or in connection with these Terms must maintain the confidentiality of such information unless it becomes publicly known (other than through a breach of this clause 8), except where the receiving party discloses the other party’s confidential information:
- to its employees, contractors, subcontractors, agents or representatives, strictly as required to enable that party to perform its obligations under these Terms and provided those individuals are subject to confidentiality obligations;
- to its professional advisers (including, lawyers and accountants); or
- as required by applicable law or a court order and provided that the party subject of such law or order notifies the other party prior to the required disclosure, unless notification is prohibited by the relevant law or court order.
Data ownership and provision
Data use and security
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- You own and retain all right, title and interest in and to the Data.
- You grant MSQ a perpetual, irrevocable, non-exclusive, non-transferable, sublicensable, royalty-free licence to use the Data:
- to perform its obligations under these Terms, including to provide the Services;
- to share with Employers and facilitate your job search;
- to improve the functionality of the Services;
- to comply with our reporting obligations at Law or under any applicable third-party agreements (including without limitation our reporting obligations to the Queensland Government);
- for analytic or research purposes; or
- for any other commercial or non-commercial purpose (excluding any personal information comprised in the Data).
- MSQ is not responsible for creating or storing back ups of the Data.
- MSQ may (in its sole discretion) retain copies of the Data after termination of these Terms. MSQ may also permanently delete the Data without notice or liability to you.
Use with AI
Without limiting clause 9.1, you understand and agree that we may provide your Data to AI Services for the purpose of providing the Services and accordingly:
- we may use your Data to train the AI Service models and improve the Services;
- we make no guarantees, representations or warranties:
- that your Data will used, processed or stored securely once provided to the AI Services;
- in respect of the reliability, accuracy or completeness of any outputs produced by the AI Services;
- that the AI Services will operate or function without any errors or interruption; or
- that the outputs produced by the AI Services will not infringe a third-party’s Intellectual Property Rights or be fit for purpose; and
- you accept all risk and liability in respect of the AI Services.
Privacy compliance
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- When used in this clause 10, the terms “personal information” and “sensitive information” have the meaning given to those terms under the Privacy Act 1988 (Cth).
- You understand and agree that you may be required to provide personal information (including sensitive information) in your use of the Services.
- Notwithstanding the provisions of clause 1, to the extent that any personal information is comprised in the Data, MSQ:
- may use such information in accordance with its privacy policy (which may be updated from time to time); and
- will collect, use, disclose or store any sensitive information only as permitted under the Privacy Act 1988 (Cth).
Liability and indemnity
MSQ liability
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- To the full extent permitted by law, MSQ excludes liability for:
- any Consequential Loss (even where we have been advised of the possibility of such loss); and
- any Loss, Claim or Liability arising out of, or in relation to Claims made by third-parties arising out of or in connection with these Terms or the Services.
- In the event MSQ is found liable for any Loss, Claim or Liability under or in connection with these Terms, then to the full extent permitted by law, MSQ’s total liability is limited to $100.
ACL
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- To the extent that the ACL applies to our provision of the Services, this clause 11.2 applies.
- MSQ’s goods and services come with guarantees that cannot be excluded under the ACL.
- To the extent MSQ is liable to you under the ACL and to the extent permitted by law, you agree that our liability is limited to, at our option, either the supply of equivalent services, or the payment of the cost of having the services re-supplied.
Your indemnity
You must release and indemnify the Indemnified Parties from and against any Claim, Loss or Liability (including liability to pay legal costs and expenses on an indemnity basis), whether present, unascertained, immediate, future or contingent and whether based in contract, tort, statute or otherwise, arising out of or in connection with:
- any breach of these Terms by you;
- your use of the Services or Portal;
- your use of any Third-Party Content;
- any Claims made by Employers caused (whether directly or indirectly) by your use of the Services; or
- any negligence by you.
Reasonable steps
Each party must take reasonable steps to mitigate the effects of any Loss, Claim or Liability suffered under or in relation to these Terms. A party will not be liable to the other party for any Loss, Claim or Liability arising out of a party’s failure to comply with this clause 11.4.
Disputes
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- If you have a reason to raise a Dispute, you must first provide MSQ with written notice of the Dispute, including particulars of the Dispute. Our authorised representatives will, within seven (7) days of receiving the Dispute, attempt to resolve the Dispute with you.
- If our authorised representatives are unsuccessful in resolving the Dispute with you within thirty (30) days of our receiving notice of the Dispute, either of us may, by giving written notice to the other party, refer the Dispute for mediation. The mediation will be held in Brisbane, Australia and will be mediated by an agreed mediator, or if no mediator is agreed, by a mediator nominated by the President of the Queensland Law Society or the President’s nominee. Each party must bear its own costs of the mediation and bear equally the mediator’s costs, and each party is entitled to legal representation at the mediation.
- If the Dispute is not resolved through mediation, each party may escalate the Dispute in its sole discretion.
- You acknowledge and agree that you may not commence Court proceedings (except for urgent interlocutory relief) against us without first complying with this clause 12.
Miscellaneous
Notices
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- A notice, consent, approval or other communication under these Terms (Notice) must be in writing and signed by the sender or its duly authorised representative, addressed to the recipient and sent to the recipient’s email address.
- The particulars for delivery of Notices are as follows:
- for MSQ: by email to [email protected]; and
- for you: the contact details specified in your Profile.
Complaints
If a fault occurs with the Portal or have any complaints in relation to the Portal, you may contact Manufacturing Skills Queensland and we will take reasonable steps to promptly address the fault or complaint.
Relationship
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- These Terms do not create any agency, partnership, joint venture, employee-employer or other similar relationship whatsoever.
- You agree and understand that each Employer or Job Seeker accesses or uses the Services or Portal in their sole capacity. To the extent permitted by Law, we specifically disclaim all liability for any loss or damage incurred by you in any manner due to the acts or omissions of each Employer or Job Seeker (as the case may be).
Legal costs
Except as expressly stated otherwise in these Terms, each party must pay its own legal and other costs and expenses of negotiating, preparing, executing and performing its obligations under these Terms.
Governing law and jurisdiction
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- These Terms are governed by and is to be construed in accordance with the laws applicable in Queensland, Australia.
- Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Queensland, Australia and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts.
Severability
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- Subject to clause 6(b), if a provision of these Terms is illegal or unenforceable in any relevant jurisdiction, it may be severed for the purposes of that jurisdiction without affecting the enforceability of the other provisions of these Terms.
- Clause 6(a) does not apply if severing the provision materially alters the:
- scope and nature of these Terms; or
- the relative commercial or financial positions of the parties; or
- would be contrary to public policy.
Further steps
Each party must promptly do whatever any other party reasonably requires of it to give effect to these Terms and to perform its obligations under it.
Consents
Except as expressly stated otherwise in these Terms, a party may conditionally or unconditionally give or withhold consent to be given under these Terms and is not obliged to give reasons for doing so.
Rights cumulative
Except as expressly stated otherwise in these Terms, the rights of a party under the Terms are cumulative and are in addition to any other rights of that party.
Waiver and exercise of rights
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- A single or partial exercise or waiver by a party of a right relating to these Terms does not prevent any other exercise of that right or the exercise of any other right.
- A party is not liable for any loss, cost or expense of any other party caused or contributed to by the waiver, exercise, attempted exercise, failure to exercise or delay in the exercise of a right.
Survival
The provisions of clauses 2 (Service limitations and disclaimers, 3.5 (Deactivation), 5.5 (Disclaimers), 6 (Intellectual Property Rights), 7 (Third-Party Content), 9.1(d) (Data retention), 11 (Liability and indemnity), 12 (Disputes), and 13 (Miscellaneous) survive the expiry or termination of these Terms.
Assignment
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- You must not assign your interest in these Terms without the prior written consent of MSQ.
- MSQ may assign its interest in these Terms without your consent.
- Any purported dealing in breach of this clause is of no effect.
Counterparts
These Terms may consist of a number of counterparts and, if so, the counterparts taken together constitute one agreement.
Entire understanding
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- These Terms contain the entire understanding between the parties as to the subject matter of these Terms.
- All previous negotiations, understandings, representations, warranties, memoranda or commitments concerning the subject matter of these Terms are merged in and superseded by these Terms and are of no effect. No party is liable to any other party in respect of those matters.
Definitions and interpretation
Definitions
ACL means the Australian Consumer Law as contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth);
AI Services means any program, system, software or other technology that uses artificial intelligence to perform the relevant tasks or perform services;
Claim means a claim, notice, demand, action, proceeding, litigation, investigation, judgment, damage, Loss, cost, expense or liability however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort or statute and whether involving a third party or a party to these Terms;
Consequential Loss means any loss or damage that is special, exemplary, indirect or consequential, including (without limitation) any loss of profit, loss of revenue, loss of contract value, loss of opportunity, loss of data, damage to reputation, loss of goodwill, or service disruptions;
Content means any data, databases, information, documents, templates, fonts, layouts and other materials made available by MSQ through the Services, but excludes all Data and Third-Party Content;
Data means any data, information, documents or other materials provided or generated by you or on your behalf, in the course of accessing or using the Services, including (without limitation) the information you provide on your Profile, but excludes Third-Party Content;
Dispute means a dispute or disagreement arising out of, or in connection with, these Terms, the Portal or the Services;
Employer means any person or entity that uses Supply Queensland for recruitment or market research purposes, and includes any recruitment agencies using the Supply Queensland on behalf another person or entity for such purposes;
Force Majeure Event means an event or circumstance beyond the reasonable control of the parties which results in a party being unable to observe or perform its obligations under these Terms, including without limitation:
- any acts or omissions by an Employer or Job Seeker (as the case may be);
- adverse changes in Law;
- any acts of God;
- earthquakes lightning strikes, floods, storms, explosions, fires or any natural disaster;
- acts of public enemies, terrorism, riots; war;
- cyber attacks, viruses or malware, network outages; or
- strikes or industrial disputes;
Indemnified Parties means MSQ, our Related Entities or Related Bodies Corporate, and any of our employees, contractors, subcontractors, agents, or representatives;
Intellectual Property Rights means all current and future intellectual and industrial property rights and interests throughout the world, whether registered or unregistered, including patents, trade marks, domain names, design rights, copyright, trade secrets, know how, applications for them and licences or consents in relation to them, and any moral rights arising under Part IX of the Copyright Act 1968 (Cth) (and any other similar rights arising under any other law in Australia or anywhere else in the world at any time);
Job means any employment opportunity advertised on the Portal, and includes any opportunity for full-time, part-time, casual or unpaid positions;
Job Seeker, you or your means any person that uses the Services to find jobs and submit job applications;
Law means any statute, regulation, rule, proclamation, order in council, by-law or ordinance currently in force in any jurisdiction that applies to these Terms or our provision of the Services;
Liability means any liability or obligation (whether actual, contingent or prospective) including any Loss, irrespective of when the acts, events or things giving rise to the liability or obligation occurred;
Loss includes any loss, damage, cost, charge liability (including tax liability) or expense (including legal costs and expenses);
Minor means a Job Seeker that is under the age of 18 but over the age of 16;
MSQ (we, our, us) Manufacturing Skills Queensland Limited ABN 89 663 505 191;
MSQ IP means all Intellectual Property Rights owned or held by, or licensed to, MSQ independently of these Terms, including the Intellectual Property Rights subsisting in the Portal;
Services means:
(a) the employment matching services provided by MSQ through the Portal, where Job Seekers are matched with relevant Jobs or Employers;
(b) disability support services in the context of job seeking and employment; and
(c) providing technical or customer support in relation to the Portal as described on our Website.
Portal means the web-based platform or mobile application called “WORK IN MANUFACTURING JOB PORTAL” (or any other names given to the platform from time to time) and includes all Content and updates, versions, patches, upgrades or modifications to the services;
Profile means Job Seeker user account created through the Portal;
Supply Queensland means the web-based platform or mobile application called “Supply Queensland” (or any other names given to that platform from time to time) that is connected to the Portal and which:
- allows Employers to post Jobs and communicate with and recruit Job Seekers; and
- provides Employer and Job information to the Portal for the benefit of Job Seekers;
Third-Party Content means any means any products, services or materials owned or held by a third-party to these Terms, but excludes the Data; and
Website means the website available at msq.nousuat.com.au
Interpretation
In these Terms, unless the context otherwise requires:
(d) a reference to:
(i) the singular includes the plural and the plural includes the singular;
(ii) a recital, clause, schedule or annexure is a reference to a clause of or recital, schedule or annexure to the Terms and references to the Terms include any recital, schedule or annexure;
(iii) any contract (including these Terms) or other instrument includes any variation or replacement of it and as it may be assigned or novated;
(iv) a statute, ordinance, code or other law includes subordinate legislation (including regulations) and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
(v) a person or entity includes an individual, a firm, a body corporate, a trust, an unincorporated association or an authority;
(vi) a person includes their legal personal representatives (including executors), administrators, successors, substitutes (including by way of novation) and permitted assigns;
(vii) an entity which has been reconstituted or merged means the body as reconstituted or merged, and to an entity which has ceased to exist where its functions have been substantially taken over by another body, means that other body;
(viii) a reference to a day or a month means a calendar day or calendar month;
(ix) money (including ‘$’, ‘AUD’ or ‘dollars’) is to Australian currency;
(e) unless expressly stated, no party enters into these Terms as agent for any other person (or otherwise on their behalf or for their benefit);
(f) the meaning of any general language is not restricted by any accompanying example, and the words ‘includes’, ‘including’, ‘such as’, ‘for example’ or similar words are not words of limitation;
(g) the words ‘costs’ and ‘expenses’ include reasonable charges, expenses and legal costs on a full indemnity basis;
(h) headings and the table of contents are for convenience only and do not form part of these Terms or affect its interpretation;
(i) if a period of time is specified and dates from a given day or the day of an act or event, it is to be calculated exclusive of that day;
(j) where there are two or more persons in a party each are bound jointly and severally; and
(k) a provision of these Terms must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of the Terms or the inclusion of the provision in the Terms.