Terms of use
CK CVR 44035669
Backpacker Jobs Australia
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Background
Thank you for visiting our Terms of Use (Agreement), we are CK CVR 44035669 of Bispeengen 11, 4th, 2000 Frederiksberg, Denmark (CK, we, our, us and other similar terms). We provide an online platform accessible through our Website, for backpackers on visas granted under Australia’s ′′Working Holiday Maker program′′, to find employment in Australia, known as Backpacker Jobs Australia (Backpacker Jobs Australia).
This Agreement outlines the terms and conditions associated with your use of Backpacker Jobs Australia. It is your obligation to ensure that you have read, understood and agreed to the most recent terms available on our Website.
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Agreement
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2.1. Accepting this Agreement
By creating a Backpacker Jobs Australia Account, you agree to comply with and be legally bound by the terms and conditions of this Agreement. If you do not agree to these terms, you have no right to continue using Backpacker Jobs Australia.
You must not use Backpacker Jobs Australia if you are unable to form legally binding contracts or you are under the age of 18.
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2.2. About this Agreement
Throughout the Agreement we use some capitalised words and phrases, like the word Agreement. These capitalised words and phrases are defined throughout the Agreement or in clause 16. They aid to clarify the terms and conditions. Please feel free to email us at info@backpackerjobsaus.com if you have any questions.
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Term
This Agreement will commence when you create an Account with Backpacker Jobs Australia and will continue until the date of termination of this Agreement in accordance with clause 14.
If this Agreement is not terminated in accordance with clause 14, this Agreement will automatically renew for a period equal to the current Subscription Period.
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Licence
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4.1. Licence
We grant you a non-transferrable, non-exclusive and revocable licence to access Backpacker Jobs Australia for the Subscription Period, subject to the terms and conditions of this Agreement.
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4.2. Licence Conditions
The grant of the licence to access Backpacker Jobs Australia in clause 4.1 is subject to your compliance with the terms of this Agreement and the following specific restrictions:
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(a) you must not license, sublicense, sell, resell, transfer, assign, distribute, or otherwise make available Backpacker Jobs Australia to any third party;
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(b) you must not create internet links to Backpacker Jobs Australia or frame or mirror any content on any other server or wireless or internet-based device; and
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(c) you must not violate the express prohibitions set out at clause 7 and/or clause 10.
4.3. Our right to suspend
We reserve the right to limit or suspend your licence to access Backpacker Jobs Australia if you fail to pay the Subscription Fee, or if in our reasonable opinion, you are in breach of any of your obligations or warranties in this Agreement. Suspending your account will not constitute a breach of this Agreement by us, nor will it alter your obligation to pay the Subscription Fee.
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Payment
Unless expressed otherwise, the Registration Fee and Subscription Fees are quoted in Australian Dollars and are inclusive of GST but exclusive of any other withholding taxes, duties and charges imposed or levied in Australia, or overseas, in connection with this Agreement.
You are responsible for all bank fees and charges applied by the payment gateway provider, which you choose to use.
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Requirements for use
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6.1. Access
You acknowledge and agree Backpacker Jobs Australia will only be accessible using the internet, by users with a valid Account and will not be available “locally” from your own servers or devices.
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6.2. Support
Support for Backpacker Jobs Australia is provided in accordance with the support arrangements as set out on our Website and may vary from time to time.
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6.3. Backpacker Jobs Australia outages and system maintenance
If it is necessary to interrupt your use of Backpacker Jobs Australia, we will endeavour to provide you with reasonable notice (where possible) of when, and the anticipated duration for which, Backpacker Jobs Australia will be unavailable.
You acknowledge access to Backpacker Jobs Australia may be changed, interrupted or discontinued for many reasons, some of which are beyond our control and during routine maintenance there may be updates or upgrades to Backpacker Jobs Australia which may change the interface and manner in which it functions.
You agree that we are not liable for any loss, foreseeable or not, arising from any interruption to access, planned or not, and any such interruptions will not constitute a breach by us of this Agreement.
7. Your use of Backpacker Jobs Australia 7.1. Registering an Account
In order to use Backpacker Jobs Australia, you are required to provide us with Personal Information and create an Account with us.
You agree to provide any information reasonably requested by us for the purpose of setting up your Account. You warrant that all of the information you provide to us is accurate and complete in all respects. You will inform us by updating your Account details whenever any such information changes and you will not provide false or misleading information.
You acknowledge and agree that you have no ownership or other proprietary interest in your Account and that all rights in and to your Account (except User Content) are owned by us. We reserve the right to reject any new Account in our absolute discretion.
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7.2. Account security
Maintaining the security of your Account is important to ensuring your Personal Information, and that data which we process on your behalf, remains safe. We work hard to keep Backpacker Jobs Australia secure and we ask you to contribute.
You agree not to request or allow another person to create an Account on your behalf, for your use, or for your benefit, except that an authorised employee or agent may create an Account on behalf of your business. You also agree not to disclose your Account security credentials to another person or permit them to access your Account. You are responsible for the activities undertaken using your Account which occur via Backpacker Jobs Australia, whether such activities are authorised by you or not. You acknowledge and agree that you have no ownership or other proprietary interest in your Account and that all rights in and to your Account (except User Content) are owned by us.
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7.3. Lawful use of Backpacker Jobs Australia
You undertake not to upload, store or access any data on Backpacker Jobs Australia if such access or storage would infringe a person’s Intellectual Property right, breach any Privacy Law or breach any other law or applicable code (including any common law, statute, delegated legislation, rule or ordinance of the Commonwealth, or a State or Territory).
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7.4. Conduct which is expressly prohibited
You may only make use of Backpacker Jobs Australia for informational purposes in order to find employment opportunities in Australia to fulfil your visa requirements. You agree not to use this information for any other purpose, including but not limited to solicitation or marketing. You must not use or include any part of Backpacker Jobs Australia in any service bureau or fee generating service offered to third parties.
You must not:
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(a) in any way tamper with, hinder or modify Backpacker Jobs Australia;
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(b) use Backpacker Jobs Australia directly or indirectly for any activity or transmit any information or material unlawfully, or which is obscene, indecent, violent, inflammatory, uses offensive or hateful language, defames, abuses, harasses, stalks, threatens, menaces or offends any person or constitutes any other content that is deemed inappropriate or objectionable;
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(c) knowingly transmit any viruses, malware, spyware or other disabling features, harmful content, code or material to or via Backpacker Jobs Australia;
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(d) intentionally disable or circumvent any protection or disabling mechanism of Backpacker Jobs Australia;
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(e) install or store any software applications, code or scripts on or through Backpacker Jobs Australia;
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(f) use Backpacker Jobs Australia in any way which could be reasonably expected to interfere with or damage our systems, any other operator’s systems, or another user’s enjoyment of Backpacker Jobs Australia;
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(g) use Backpacker Jobs Australia in connection with a breach of any law in Australia or the jurisdiction in which you operate;
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(h) use Backpacker Jobs Australia in a way that may cause annoyance, inconvenience, or unnecessary anxiety, or in a way that is likely to upset, embarrass, alarm, or annoy any other person;
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(i) promote sexually explicit pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; or
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(j) attempt, facilitate or assist another person to do any of the above acts.
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Privacy
You agree and consent to us handling your Personal Information or any other of your sensitive information in accordance with our Privacy Policy. We may amend our Privacy Policy in our sole discretion. If we amend our Privacy Policy, we will post the new version on our Website.
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Third Party Content
Certain components or features of Backpacker Jobs Australia may include materials from third parties and/or links to other websites, data, resources, services, advertisements or content that are presented, operated and/or owned by third party providers, including the potential employers (Third Party Content). You acknowledge and agree that we are:
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(a) not responsible for any misrepresentations made by others; and
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(b) not liable for any damages you incur or allege to incur, either directly or indirectly as a result of your use and/or reliance upon any such Third Party Content.
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User Content and Intellectual Property
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10.1. Your User Content
If you provide us with content, including, without limitation, text, photos, images, audio, video, code and any other materials (User Content), your User Content stays yours. This Agreement does not transfer ownership of User Content to us.
When you provide User Content, you grant us a non-exclusive, worldwide, perpetual, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with Backpacker Jobs Australia), communicate, publish, publicly display, publicly perform and distribute User Content for the purposes of allowing us to provide, improve, promote and protect Backpacker Jobs Australia.
We may use your User Content for data aggregation, analytical or other purposes including, economic, commercial and social analysis and we may use such information for both commercial and academic purposes.
You waive any claims against us relating to any moral rights or similar rights worldwide that you may have in the User Content.
You represent that you own all rights to your User Content or otherwise have (and will continue to have) all rights and permissions to legally use, share, display, transfer and license your User Content to the extent that it is used within Backpacker Jobs Australia.
While we reserve the right to take down any User Content which is in breach of this Agreement, you acknowledge and agree we are not required to monitor User Content, nor are we responsible for it.
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10.2. Use of our Intellectual Property
We retain all right, title, and interest in and to Backpacker Jobs Australia.
We warrant that we own or have a licence to use the Intellectual Property in Backpacker Jobs Australia.
You must not do any of the following, assist anyone to do any of the following, or permit any person over whom you have effective control to:
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(a) create an adaptation or translation of, all or part of Backpacker Jobs Australia in any way;
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(b) use Backpacker Jobs Australia in a manner which may infringe any other persons Intellectual Property;
(c) incorporate all or part of Backpacker Jobs Australia in any other webpage, site, application or other digital or non-digital format;
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(d) remove or modify or attempt to remove or modify any trademarks, copyright notices or other proprietary markings contained in Backpacker Jobs Australia; or
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(e) except to the extent that reproduction occurs automatically through its ordinary use, directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, content, architecture, or algorithms contained in Backpacker Jobs Australia.
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Disclaimers
We do not provide any advice regarding migration law or visa requirements when you secure or attempt to secure employment by using our Website. It is your responsibility to ensure that you comply with all applicable migration laws and regulations when seeking employment in Australia. This includes, but is not limited to, ensuring that your visa status allows for employment in the specific location and industry where you intend to work and verifying the suitability of any employer. By using our Website, you acknowledge and agree that we are not liable for any consequences arising from your failure to comply with migration laws or visa requirements
We make no warranties or representations regarding the eligibility of any employer listed on our Website to satisfy visa requirements. We do not guarantee that the businesses listed on our Website are located in areas that meet the criteria for the applicable visa.
We act as a medium through which you can seek employment opportunities in Australia. We do not vet, nor are we responsible for vetting employers listed on our Website or the representations made by them, whether oral or in writing. We do not guarantee the availability of specific employment opportunities listed on our Website.
We aim to provide the best possible user experience, however, subject to the Non-excludable Conditions and to the fullest extent permitted under the law, we make no warranties or guarantees that Backpacker Jobs Australia is fault free, regarding Backpacker Jobs Australia’s fitness for any particular purpose which we have not expressed, or regarding your access to, or the results of your access to, Backpacker Jobs Australia including its correctness, accuracy, timeliness, completeness, reliability or otherwise.
To the maximum extent permitted at law, we exclude any warranty as to the accuracy of any Third Party Content, and you acknowledge and agree that such Third Party Content are outside of our control.
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Limitation of Liability
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12.1. Implied Conditions
We expressly exclude all conditions, warranties and other terms which might otherwise be implied by any law, regulation, statute, common law or law of equity except any Non-excludable Condition.
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12.2. Exclusion of Liability
Subject to the Non-excludable Conditions, we exclude all other liability for any costs, including consequential, indirect, incidental, special or punitive losses, suffered or incurred directly or indirectly by you in connection with this Agreement, including:
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(a) loss of profits or any other pure economic loss;
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(b) Backpacker Jobs Australia being inaccessible for any reason;
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(c) incorrect or corrupt data, outdated data, lost data, or any inputs or outputs of Backpacker Jobs Australia;
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(d) any delays or inaccuracies in updating the information on Backpacker Jobs Australia;
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(e) computer virus, trojan and other malware in connection with Backpacker Jobs Australia;
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(f) security vulnerabilities in Backpacker Jobs Australia or any breach of security that results in unauthorised access to, or corruption of data;
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(g) negligence arising from our activities or that of our service providers;
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(h) damages caused by data or content provided by third parties, delays resulting from hardware and systems owned and controlled by third parties including without limitation your own data transmission speeds, data entry errors, user errors, or any other limitations, errors, or delays;
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(i) any unauthorised activity in relation to Backpacker Jobs Australia;
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(j) the occurrence of an Event of Force Majeure;
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(k) your breach of this Agreement; or
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(l) any act or omission by you, your personnel, your associates or any related body corporate under or in relation to this Agreement.
12.3. Limits to Liability
To the fullest extent possible under the law, we limit our liability for any breach to:
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(a) in the case of goods: the re-supply of the goods or payment of the cost of the re-supply of the goods, or the replacement or repair of the goods or payment of the cost of replacement or repair of the goods; and
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(b) in the case of services: the resupply of the services or the payment of the cost of having the services resupplied.
12.4. Indemnity
You indemnify us against all costs suffered or incurred by us, however caused, arising wholly or partially, directly or indirectly, in connection with your infringement of any third party Intellectual Property rights associated with this Agreement, any harm to, claim or action by a third party (including to that third party’s personal property) which arise directly or indirectly from your use of Backpacker Jobs Australia and your breach of any law including, Privacy Law.
13. Dispute Resolution
A party claiming a dispute has arisen under this Agreement (Dispute) must give written notice to the other party specifying the nature of the Dispute. The parties must submit themselves to the dispute resolution procedure set out in this clause 13 before commencing any legal proceedings.
If the parties cannot resolve the Dispute between themselves within 30 days, then either party may require the Dispute to be referred for mediation. The mediation must be undertaken in accordance with the mediation rules of the Resolution Institute of Australia, within the jurisdiction of the Agreement and, unless otherwise agreed between the parties, using a mediator nominated under such rules. If the Dispute is not resolved within 30 days of the mediation commencing either party may commence proceedings in respect of the Dispute.
Each party must pay its own internal and legal costs in relation to complying with this clause 13. The mediator’s costs are to be shared equally.
The parties acknowledge and agree this clause 13 does not apply to the recovery of any debt or prevent a party from instituting proceedings for the purposes of seeking urgent injunctive or similar interim relief from a court.
14. Termination
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14.1. Termination for convenience
You may terminate this Agreement by using the facilities made available in your Account.
We may terminate this Agreement by notifying you in writing, using the email address specified in your account.
Termination will take effect, at the end of the then current Subscription Period.
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14.2. Termination for cause
Either party may terminate this Agreement if the other party commits a material breach of this Agreement and the breach is incapable of being remedied or if the breach is capable of being remedied, the party in breach has failed to remedy the breach within 14 days after the receipt of notice to remedy.
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14.3. Actions upon termination
Upon termination
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(a) you must immediately stop using Backpacker Jobs Australia;
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(b) we reserve the right to permanently erase any data or User Content associated with your Account; and
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(c) you will no longer have access to your Account.
15. General
Assignment – Neither party may assign, encumber, declare a trust over or otherwise create an interest in its rights under this Agreement without the other party’s consent, which must not be unreasonably withheld.
Entire Agreement – This Agreement contains the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by this document and has no further effect.
Governing law – The laws of Queensland govern this Agreement. The parties submit to the exclusive jurisdiction of courts exercising jurisdiction there.
Notices – The parties agree all notices, disclosures and other communications that are provided in accordance with this clause, satisfy any legal requirement that such communications be in writing. Any communication under or in connection with this Agreement:
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(a) which we send to you, will be sent to the email address provided to us in your Account and by accepting these terms you give your consent to receive communications from us by email; and
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(b) which you send, must be either delivered or posted by prepaid post to the address set out at clause 1 or sent by email to our email address set out at clause 2.2.
Relationship – Nothing in this Agreement is intended to create or be construed as creating a relationship of agency, joint venture or partnership between any of the parties.
Severability – Any provision of this Agreement which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make this Agreement enforceable, unless this would materially change its intended effect.
Variations to this Agreement – We may vary this Agreement by giving written notice to you. If you do not accept the terms of the variation, you may terminate your subscription in accordance with clause 14. The variation takes effect at the beginning of the next Subscription Period.
16. Definitions
Unless the terms and conditions of the Agreement state otherwise, the following expressions used in this Agreement have the following meanings:
Account or Backpacker Jobs Australia Account means the username and access credentials used when you access Backpacker Jobs Australia.
Agreement means these terms and conditions and any document incorporated into them by reference.
Event of Force Majeure means an act of war (whether declared or not) or terrorism, the mobilisation of armed forces, civil commotion or riot, natural disaster, health epidemic, industrial action or labour disturbance, currency restriction, embargo, action or inaction by a government, a failure of a supplier, public utility or common carrier or computer disruption due to the effects of a computer virus, trojan, malware, a ransomware attack or other malicious code.
Intellectual Property means all present and future rights conferred by statute, common law or equity (and all moral rights) in or in relation to business names, domain names, circuit layouts, computer code, confidential information, copyright, designs, formulas, inventions, know-how, patents, plant varieties, recipes, trademarks, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic field, the benefit of any application to register such a right and the benefit of any renewal or extension of such a right.
Non-excludable Condition means any guarantee, condition or warranty (such as the consumer guarantees implied by the Competition and Consumer Act 2010 (Cth)), which cannot by law be excluded.
Payment Terms mean the requirement to make payment immediately on commencement of this Agreement and each subsequent Renewal Date in accordance with the Subscription Package selected.
Personal Information means information or an opinion about an identifiable individual (not a company), whether or not that information or opinion is true or in a material form.
Privacy Law means both the privacy laws in the jurisdiction in which you operate and the Privacy Act 1988 (Cth) incorporating the Australian Privacy Principles.
Privacy Policy means the privacy policy available on our Website as amended by us from time to time.
Registration Fee means the one-time fee you have pay to register your Account, as set out on our Website.
Subscription Fee means the periodic price for the Backpacker Jobs Australia Subscription Package as set out on our Website.
Subscription Package means any one of the subscription packages advertised on our Website from time to time.
Subscription Period means the period of time attached to the Package which you sign up for. You or your means the person or entity using Backpacker Jobs Australia.
Website means the website located at #insert website# and any of its subdomains.
