This website, Yakkly, (Site) is operated by Jeln Pty Ltd (ABN: 14 634 367 561) (we, our or us). These website terms of use (Terms) apply to your use of, and access to, the Site.
Information and availability
While we use reasonable attempts to ensure the accuracy and completeness of the content and materials on the Site (Content), to the extent permitted by law (including the Australian Consumer Law and the New Zealand Consumer Guarantees Act), we do not warrant the accuracy, completeness or suitability of any of the Content. The Content may be subject to change without notice and we do not undertake to keep the Site up-to-date. The Content is factual information only, is not comprehensive and is for general information purposes only. We also do not warrant that access to the Site will be uninterrupted, error-free or free from viruses.
Intellectual Property rights
Unless otherwise indicated, we own or license the Content and all intellectual property rights (including any copyright, registered or unregistered designs, illustrations, artwork, patents or trade mark or logo rights and domain names) displayed or used on the Site (Our Intellectual Property).
We authorise you to access and use the Site solely for your own personal use and to display, print and download the Content onto your personal device provided that you do not remove any copyright notice included in Our Intellectual Property.
Subject to the above, your use of, and access to, the Site and the Content does not grant or transfer to you any rights, title or interest to Our Intellectual Property. Unless otherwise permitted in these Terms, you must not:
- copy or use, in whole or in part, any of Our Intellectual Property;
- reproduce, retransmit, distribute, display, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property; or
- breach any intellectual property rights connected with Our Intellectual Property, including altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website or platform, or creating derivative works from Our Intellectual Property.
Nothing in the above clause restricts your ability to publish, post or repost Content or Our Intellectual Property on your social media page or blog, provided that:
- you do not assert that you are the owner of the Content or Our Intellectual Property;
- unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
- you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
- you comply with all other terms of these Terms.
Proprietary Features and Functionality
The Site includes proprietary features, functionalities, algorithms, processes, and methodologies, including but not limited to our unique matching functionality (Proprietary Features). These Proprietary Features are protected by intellectual property laws and remain our exclusive property.
You agree that you will not:
- attempt to reverse engineer, decompile, disassemble, or otherwise seek to discover the source code or underlying algorithms of the Proprietary Features;
- copy, modify, create derivative works of, or attempt to recreate any part of the Proprietary Features;
- use the Proprietary Features for any purpose other than as expressly permitted by these Terms; or
- sell, license, sublicense, distribute, or otherwise transfer any rights in the Proprietary Features to any third party.
Confidentiality
You acknowledge that in using the Site, you may gain access to confidential information related to our Proprietary Features. You agree to maintain the confidentiality of this information and not to disclose it to any third party without our express written consent.
Conduct we don’t accept
You must not do or attempt to do anything that is unlawful, which is prohibited by applicable law, which we would consider inappropriate or which might bring us or the Site into disrepute. This includes:
- anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
- using the Site to defame, harass, threaten, menace or offend any person;
- using the Site for unlawful purposes;
- interfering with any user of the Site;
- tampering with or modifying the Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with the Site, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with the Site;
- using the Site to send unsolicited electronic messages;
- using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
- facilitating or assisting a third party to do any of the above acts.
User Content
Posting Content: Users may have the opportunity to upload or post content, including text, images, videos, and other multimedia files to the Site (User Content), subject to our approval and these Terms. This may include posting in forums, uploading articles for professional development or continuing professional development (CPD) purposes, and other similar activities. We reserve the right, at our sole discretion, to allow or prohibit the posting and hosting of User Content on our Site.
Licence to Use User Content: By uploading or posting User Content on this Site, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable licence to use, reproduce, distribute, display, and perform the User Content in connection with the Site and our (and our successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels.
User Responsibilities: You are solely responsible for your User Content and the consequences of posting or publishing it. You confirm and warrant that:
- you own or have the necessary licences, rights, consents, and permissions to publish the User Content you submit;
- for any third-party content you upload or share, including articles written by others, you have explicit permission or the legal right to share such content on our platform; and
- your User Content does not and will not infringe on any third party’s intellectual property rights, privacy rights, publicity rights, or other personal or proprietary rights.
Content Accuracy and Compliance: You agree that any User Content you provide does not and will not:
- breach any law or infringe the rights of any third party, including copyright, trademark, privacy, and data protection laws;
- contain any false, defamatory, or misleading information; and
- violate any professional or ethical standards applicable to your field.
Removal Rights: We reserve the right to edit or remove any User Content at any time without prior notice, for any reason, and without liability to you or any other party. This can include User Content that we believe violates these Terms or our policies, or which we find otherwise objectionable or inappropriate.
No Obligation to Publish: We are not obligated to publish any User Content on our Site and can remove it in our discretion, without notice.
Copyright Infringement: If you believe that any User Content violates your copyright, please contact us at [insert contact email] with a detailed description of the alleged infringement. We reserve the right to remove any User Content alleged to be infringing without prior notice and at our sole discretion.
No Responsibility for User Content: We do not endorse any User Content or any opinion, recommendation, or advice expressed therein. We expressly disclaim any and all liability in connection with User Content. We do not permit copyright infringing activities and infringement of intellectual property rights on the Site, and we will remove all User Content if properly notified that such Content infringes on another’s intellectual property rights.
Third party sites
The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us.
We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site (Affiliate Link) or for featuring certain products or services on the Site. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Site, or which (if any) third party links are Affiliate Links.
Our liability is limited
You may have certain rights under the Australian Consumer Law and the New Zealand Consumer Guarantees Act in relation to the Site and the Content, and you may contact us for more information about this. Despite anything to the contrary, to the maximum extent permitted by law (including the Australian Consumer Law and New Zealand Consumer Guarantees Act), we exclude all liability for any loss or damage of any kind (including consequential loss, indirect loss, loss of profit, loss of benefit, loss of opportunity or loss of reputation) whether under statute, contract, equity, tort (including negligence), indemnity or otherwise arising out of or in connection with the Site or the Content.
Privacy
We respect your privacy and understand protecting your personal information is important. Our Privacy Policy (available on the Site) sets out how we will collect and handle your personal information.
What happens if we discontinue the Site
We may, at any time and without notice, discontinue the Site (in whole or in part), or exclude any person from using our Site.
Changes to these Terms
We may, at any time and at our discretion, vary these Terms by publishing the varied terms on the Site. We recommend you check the Site regularly to ensure you are aware of our current terms.
For any questions and notices, please contact us at:
Jeln Pty Ltd ABN 14 634 367 561
Email: [insert]