TERMS AND CONDITIONS

Binding Agreement
1. This Website is made available for use that allows both Trade Winner and its clients to ensure the management of information on a website involves several processes to ensure data integrity, security, and compliance with privacy regulations. Here are common practices for managing information collected on a website.
2. This website collects information for various purposes, primarily aimed at enhancing user experience, improving site functionality, and understanding user behavior.
3. This Website is provided to you for your use subject to these Terms that form a binding agreement between you and Trade Winner. By accessing or using the Website you agree to accept and/or to be bound by these Terms.
4. By accessing or using the Trade Winner Website, you represent that you have read and understood the Privacy Policy.
5. In the case of any conflict between these Terms and any contract you have with Trade Winner, these Terms will take precedent.
6. We may update these Terms from time to time. The changes will apply to the use of the Website after due notice. If you do not wish to accept the new Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms.
Definitions
1. Access Controls means Implement strict access controls to ensure that only authorized personnel have access to sensitive user information. Regularly review and update access permissions.
2. Account means the account authenticated by username and password, to access the Website.
3. Account Holder refers to any User who has registered for an Account on the Website or has access to the Website for the sole purpose of availing the Services.
4. Backup and Recovery means to Regularly backup data and implement a robust data recovery plan. This ensures that data can be restored in case of accidental loss, corruption, or cyber attacks.
5. Client means a person or entity that is accessing the Website and utilizing the Website for the exclusive purpose of seeking Candidates for engagement into their account or their clients.
6. Trade Winner means Trade Winner Pty Ltd or any related bodies corporate operating the Website in the country in which you live or in which Trade Winner is headquartered.
7. Compliance with Regulations means to Stay informed about and comply with data protection regulations applicable to your website’s user base. This includes GDPR, CCPA, or any other regional or industry-specific regulations.
8. Content includes all text, graphics, design, programming, information, images, video, audio files, software and other contents used on the Website.
9. Database all jobs posted on the Website and/or all Candidates information registered on the Website including any Profile or resume.
10. Data Encryption Use secure protocols (such as HTTPS) to encrypt data transmitted between the user’s browser and the web server. This helps protect sensitive information during transit.
11. Data Minimization means to Collect only the necessary data required for the intended purpose. Avoid collecting excessive or irrelevant information to reduce the risk associated with data breaches.
12. Data Retention Policies means to Establish and adhere to data retention policies that specify how long different types of data will be retained. Delete outdated or unnecessary data to minimize the potential impact of a data breach.
13. Design includes the color combinations and the page layout of the Website.
14. Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.
15. Employee means a person engaged or employed by Trade Winner, which has or was given access to the Website.
16. Graphics includes all logos, button icons, and other graphical elements on the Website.
17. Privacy Policies means to Clearly communicate the website’s privacy policies to users. Describe what data is collected, how it is used, and if it is shared with third parties. Provide users with options to control their privacy settings.
18. Profile means the profile created by the Client and Employee that may include personal information of the Client, Employee, and Staff.
19. Regular Audits mean to Conduct regular audits of data storage and processing practices to identify and rectify vulnerabilities. This includes reviewing access logs, monitoring for unusual activity, and ensuring compliance with security standards.
20. Secure Storage Store user data in secure databases with access controls. Implement encryption for sensitive data at rest to prevent unauthorized access in case of a data breach.
21. Security Updates means to Regularly update and patch software, including content management systems and third-party plugins, to address security vulnerabilities and minimize the risk of unauthorized access.
22. Services means any services provided by Trade Winner through the Website;
23. Staff means a person engaged or employed by Trade Winner;
24. User refers to any individual or entity that uses any aspect of the Website and/or the Services.
25. User Authentication means to Implement strong user authentication mechanisms, especially for accounts holding sensitive information. This may include multi-factor authentication to add an extra layer of security.
26. User Consent means to Obtain clear and informed consent from users before collecting their data. Clearly explain how their data will be used and provide options for opting out or withdrawing consent.
27. Website means the software program provided by Trade Winner downloaded by you on any electronic device, named CS Website.
28. You or your means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms.
Registration
1. To register an Account on the Website you must be of legal age or above.
2. You must ensure that the details provided by you on your registration or at any time are correct and complete.
3. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you effectively.
Password and Security
1. When you register to use the Website you will be asked to create a password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us by contacting us at tarwatercory@tradewinner.us immediately.
2. If Trade Winner has reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend your account immediately.
3. You shall be strictly liable and/or responsible for all uses of your Account registrations and passwords, whether or not authorized by you.
4. As a result of your loss of your password or the misuse of the Website:
  1. all losses or damages incurred thereby shall be borne by you; and
  2. you shall fully indemnify Trade Winner should the Website suffer any loss, damage or payment of fine from any regulatory or legal authority.
License to Use / Intellectual Property
1. The Website, the Content, and all right, title and interest thereto are the exclusive property of Trade Winner and are protected by copyright, trademark, database right and other intellectual property rights.
2. You may retrieve and display any Content of the Website on a Website screen, store such content in electronic form on a phone storage (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial or other purposes any of the materials or Content on the Website Website without written permission from Trade Winner.
Availability of the Website
1. Although we aim to offer you the best service possible, we make no promise that the services at the Trade Winner Website will meet your requirements and full satisfaction.
2. We cannot guarantee that the Trade Winner Website will be fault-free, error-free, or that the Trade Winner Website and servers are free of viruses or other harmful mechanisms. If a fault occurs with the Website, you should report it at tarwatercory@tradewinner.us and we will attempt to correct the fault as soon as we can.
Right to Update or Modify Terms
1. We reserve the right, at our discretion, to change the Terms from time to time. An email will be sent out if changes to the Terms have been applied. Please check the Terms periodically for changes;
2. Your access to the Trade Winner Website may be occasionally restricted and the Service may be unavailable in order to allow for repairs, maintenance or the introduction of new content, facilities or services. We will attempt to restore access and/or service as soon as we reasonably can.
3. Trade Winner may terminate, suspend, update, alter or supplement, at its sole discretion, all or any part of the Website at any time. By permitting access to the Website, Trade Winner does not convey any interest in or to the Content or any other Trade Winner property or Services. All right, interest in and to the Trade Winner Website is and shall remain in Trade Winner
Prohibited Conduct
1. You may not use the Website for any of the following purposes:
  1. disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
  2. Impersonating another person or log into an account which you are not authorized to access;
  3. attempt or use another User’s account without the consent or authority to access such;
  4. aggregating, copying or duplicating in any manner any of the Content, Profile, Database or any information available from the Website;
  5. reproducing any of the Content, Profile, Database or any information available on the Website for general or commercial use;
  6. transmitting material that encourages the conduct that constitutes a criminal offense, or otherwise breaches any applicable laws, regulations or code of practice;
  7. interfering with any other person’s use or enjoyment of the Website; or
  8. making, transmitting or storing electronic copies of materials protected by copyright or any forms of intellectual property rights without the permission of the owner or Trade Winner.
Ready Talent Program Terms
1. By participating in the Ready Talent program, you agree to abide by these specific terms in addition to the general Terms and Conditions.
2. Access to Candidate Information
  1. Users can view information on pre-screened and pre-evaluated Trade Winner candidates only for the purpose of evaluating them for job or contract opportunities within them and Trade Winner. Any unauthorized actions such as scraping, extracting, copying, or reproducing candidate information are strictly forbidden.
3. Engagement of Candidates
  1. Candidates available through the Ready Talent program may only be contacted and engaged through the Trade Winner recruitment process. Users agree to not bypass these channels by contacting candidates directly or through any unauthorized means.
Your Use of the Services
1. The Services may be used:
  1. Both Trade Winner and its clients to the management of information on a website involves several processes to ensure data integrity, security, and compliance with privacy regulations. Here are common practices for managing information collected on a website:
    1. Data Encryption, Secure Storage, Access Controls, Regular Audits, Data Minimization, User Authentication, Backup and Recovery, Privacy Policies, Data Retention Policies, and Compliance with Regulations.
  2. Different purposes of information collection by our website.
    1. Content Personalization: Gathering data on user preferences, such as content viewed, liked, or shared, to personalize the user’s experience by recommending relevant content.
    2. Communication and Support: Collecting user contact details to facilitate communication, respond to inquiries, and provide customer support or assistance.
    3. Analytics and Improvement: Gathering data on user interactions with the website to analyze trends, identify popular content, and make informed decisions for improving the site’s functionality and user interface.
    4. Newsletter Subscriptions: Collecting email addresses for users who opt to subscribe to newsletters, updates, or notifications about the website’s content or activities.
    5. Social Media Integration: Collecting data related to social media interactions, such as user profiles or social shares, to enhance the website’s social presence and engagement.
    6. Traffic Analysis: Collecting data on website traffic, including the number of visitors, popular pages, and referral sources, to assess the website’s performance.
    7. Preferences and Settings: Gathering user preferences and settings data to allow users to customize their experience on the website, such as language preferences, theme choices, or notification settings.
    8. Event Registration: Collecting information for users who register for events, webinars, or other online activities hosted by the website.
    9. Legal Compliance: Collecting data to comply with legal requirements, such as age verification, regional restrictions, or other regulatory obligations.
Additional Terms Applicable to Employees
1. Trade Winner hereby grants you a limited, terminable, non-exclusive right to access and use the Website to streamline the workforce management process for Employees. This authorizes you to have full visibility of the Staff’s workforce, allowing you to make informed decisions that positively impact our business.
2. Trade Winner also grants you a limited, terminable, non-exclusive right to use the Services for your management process use only at Trade Winner.
3. You are responsible for maintaining the confidentiality of your Account, profile and passwords, as applicable and shall be surrendered or automatically be terminated upon severance of your employment with Trade Winner.
4. You shall take appropriate physical, technical, and administrative measures to protect the data you have obtained from the Website from loss, misuse, unauthorized access, disclosure alteration or destruction.
Additional Terms Applicable to Clients
1. Trade Winner hereby grants you a limited, terminable, non-exclusive right to access and use the Website to streamline the workforce management process for Clients. This authorizes you to have full visibility of the Staff’s workforce, allowing you to make informed decisions that positively impact your business.
2. Trade Winner also grants you a limited, terminable, non-exclusive right to use Trade Winner Website Services for your internal company use only.
3. You agree not to request or allow another person to create or use your Account on your behalf, for your use, or for your benefit, except that of an authorised employee or agent. You represent and warrant that: (a) the User is authorised to act on your behalf; and (b) you are fully responsible and liable for the User’s acts and omissions, including for obligations and liabilities under this Agreement. If any such User violates the Terms of this Agreement, it may affect your ability to use the Website and Services.
4. You acknowledge and agree that you shall disregard any personal data received from the Candidate which are irrelevant to obtaining and assessing the suitability of candidates.
5. You are solely responsible for the use of the Website. Trade Winner shall not be responsible to you, for whatever reasons, in regards to your selection of Candidates posted on Trade Winner Website.
6. You shall use the Website as provided in these Terms, in any contract you have with Trade Winner in compliance with all laws including laws governing personal data.
7. You shall take appropriate physical, technical, and administrative measures to protect the data you have obtained from the Website from loss, misuse, unauthorized access, disclosure alteration or destruction.
8. The Trade Winner Website shall not be used:-
9. for any purpose other than Trade Winner and its clients to measure employee engagement; or
10. to download or copy any Trade Winner Website Content or create any derivative work thereof with the intent of creating your own database.
11. The data obtained from the Content, Profile, Database or Website shall not be kept longer than is necessary for the fulfillment of the purposes set out in this Section. In this respect, you agree and undertake to delete, destroy and/or purge such data or any derivatives thereof from your records.
12. You may not use Website in any way which, in Trade Winner’s sole judgment, adversely affects Trade Winner’s business, business prospects, the performance or function of any Trade Winner Website, or interferes with the ability of other subscribers to access the Website.
User Content and submissions
1. You understand that all User Content is the sole responsibility of the person from which such User Content originated.
2. You understand and acknowledge that all information provided by you, your Trade Winner Website Profile and/or account information shall be stored in Trade Winner Databases and/or Trade Winner Website.
3. You understand, acknowledge and consent that all information provided by you, your Trade Winner Website Profile and/or account information may be transferred to countries outside of your location for the purposes of storing and/or processing. Please see Trade Winner’s Privacy Policy, for further details.
4. Trade Winner may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any Trade Winner Website. Trade Winner reserves the right to expel Users and prevent their further access to the Trade Winner Website and/or use of Trade Winner Website Services for violating the Terms or applicable laws, rules or regulations. Trade Winner may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for Trade Winner, damage Trade Winner’s brand or public image, or cause Trade Winner to lose Users.
5. Trade Winner does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by Users nor does Trade Winner endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.
Trade Winner’s Right to Suspend or Cancel your Registration
1. We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms.
2. You can cancel your registration at any time by informing us via email or through a user account menu. If you do so, you must stop using the Trade Winner Website.
3. The suspension or cancellation will be effective immediately upon receipt of email or request through the user account menu and your account will be inaccessible.
4. The suspension or cancellation of your registration and your right to use the Trade Winner Website shall not affect either party’s statutory rights or liabilities.
Term and Termination
1. These Terms will remain in full force and effect while you are a user of Trade Winner Website.
2. Trade Winner reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your User Content from the Trade Winner Website and immediate termination of your registration with or ability to access the Trade Winner Website and/or any other services provided to you by Trade Winner, upon any breach by you of these Terms or if Trade Winner is unable to verify or authenticate any information you submit to a Trade Winner Website registration.
3. Even after you are no longer a User of the certain provisions of these Terms will remain in effect, certain provisions of these Terms will remain in effect
4. We are not responsible for any loss, damage, or harm related to your inability to access or use the Website based on such termination
Trade Winner’s Liability
1. Trade Winner Website acts, among other things, venues for:
  1. Trade Winner and its clients to report on team engagement with the company’s cultural activities and educational certifications;
  2. Both Trade Winner and its clients to measure employee engagement;
  3. Employees can see their total dream points achieved and can use the points to bid on items and experiences in Trade Winner’s monthly auction;
2. Trade Winner reserves the right in its sole discretion to remove any User Content including but not limited to Trade Winner Website Profiles or other material from the Trade Winner Website from time to time. When Trade Winner exercises this discretion and there is a breach of these Terms by the User, Trade Winner reserves its right to institute any actions against the User.
3. Note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Trade Winner Website. By its very nature other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using the Trade Winner Website.
4. The Trade Winner Website and Content may contain inaccuracies or typographical errors. Trade Winner makes no representations about the accuracy, reliability, completeness, or timeliness of any Trade Winner Website and Content. The use of all Trade Winner Website and Content is at your own risk.
5. Nothing on Trade Winner Website shall be considered an endorsement, representation or warranty with respect to any User or third party;
6. If we are in breach of these Terms, we will only be responsible for any losses that you suffer as a direct result and to the extent that they are a foreseeable consequence to both of us at the time you use the Trade Winner Website. Our liability shall not in any event include business losses such as lost data, lost profits or business interruption.
7. The aggregate liability by Trade Winner to you for all claims arising from your use of Trade Winner Website shall be limited to the Liability Clause in your Services Agreement for the User shall be limited to AUD$35.
Disclaimers
1. Trade Winner shall not be liable for any loss of information however caused as a result of any interruption, suspension or termination of the Website or for the Content, accuracy or quality of information available or transmitted through the Services.
2. You acknowledge and agree that it is not Trade Winner’s policy to exercise editorial control over and to edit or amend any data or contents of any emails or posting or any information that may be inserted or made available or transmitted to or from a third party in or through the Website and/or the Services.
Third Party Website
1. Trade Winner is not responsible for content on any site outside the Trade Winner Website.
2. We may share your information with third parties that perform services for us or on our behalf, including data analysis, email delivery, hosting services, and customer service.
Indemnity
1. You agree to defend, indemnify, and hold harmless Trade Winner, and its affiliates, and their respective officers, directors, employees, and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from:-
  1. any User Content or other material you provide to the Website;
  2. Your use of any of the Content; or
  3. Your breach of these Terms.
2. Trade Winner shall provide notice to you promptly of any such claim, suit or proceeding.
Applicable Law and Jurisdiction
1. These Terms and any dispute arising out of or in connection with this Agreement or related in any way to the Website will be subject to the laws and courts, to wit:
2. Delaware, USA if you are located in USA and any of its territories;
3. Angeles City, Philippines if you are located in the Philippines;
4. New South Wales, Australia if you are located in Australia or elsewhere.
5. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within the applicable law and jurisdiction above-mentioned.
International Use
1. We make no promise that materials on the Website are appropriate or available for use in your location, and accessing the Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this Website from your location, you do so on your own initiative and are responsible for compliance with local laws.
Miscellaneous
1. You may not transfer any of your rights under these Terms to any other person. We may transfer our rights under these Terms to another business where we reasonably believe your rights will not be affected.
2. If you breach these Terms and Trade Winner chooses to ignore this, Trade Winner will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms.
3. Trade Winner shall not be responsible for any breach of these Terms caused by circumstances beyond its reasonable control.
4. If any of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms and all provision not affected by such invalidity or unenforceability shall remain in full force and effect.
5. Trade Winner has taken every reasonable step to comply and will continue to comply with its obligations as a data processor arising from the data protection and privacy laws in force from time to time to the extent that those obligations are relevant to this Agreement. Further, we have taken steps to implement and shall maintain an information security program including reasonable administrative, technical and physical measures designed to secure and protect the confidentiality, integrity and availability of all Confidential Information while in such party’s possession against unauthorized, unlawful or accidental access, disclosure, transfer, destruction, loss or alteration. The term Confidential Information will not, however, include any information that identifies or directly relates to natural persons (“Personal Data”). Each party will exercise commercially reasonable efforts not to disclose any Personal Data to the other party and to restrict the other party’s access to its Personal Data, but if a party is given access to the other party’s Personal Data, the receiving party will protect such Personal Data using a reasonable standard of care.
General
1. The Website is owned and operated by Trade Winner.
2. If you have any queries please contact us tarwatercory@tradewinner.us
3. We will send notice to you at the address submitted by you or to such other address as Trade Winner reasonably determines is an appropriate address for you.

Date last reviewed April 14, 2025

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