This website is owned and operated by JobAdvisor Pty Ltd (ABN 70 150 272 441) defined as ('JobAdvisor', 'we', 'us' and 'our').
Advertisers on www.jobadvisor.com.au (the "Site") are identified as "you" or "your".
Your access to and use of the information, materials and services provided on this Site is conditional upon your acceptance and compliance with these terms, conditions, notices and disclaimers ("Terms").
Your use of this Site will be deemed as your acceptance of these Terms.
- JobAdvisor may vary these Terms at any time. If JobAdvisor varies these Terms, it will provide notice by publishing the varied Terms on the Site. You accept that by doing this, JobAdvisor has provided you with sufficient notice of the variation to its Terms.
- JobAdvisor offers a monthly, subscription based service. Billing occurs on the 1st day of each month. If your subscription begins on a day other than the 1st day of the month, your first payment or invoice will be adjusted on a pro-rated basis.
- You may cancel this subscription at the end of the contract period by providing us with written notice 30 days prior to the end of the contract period. Your service will cease on the date of your next scheduled payment or invoice.
- JobAdvisor may provide JobAdvisor products and services outside of Australia. Any subscription is valid for Australia (www.jobadvisor.com.au) only.
- All amounts owing to JobAdvisor must be paid within 14 days of the date of invoice.
- Credit card payments incur a 3% surcharge.
- JobAdvisor reserves the right to charge you interest on late payments at 10% per annum plus any costs we incur as a result of collecting your payment.
- You are obliged to pay for the services that JobAdvisor agrees to provide you with regardless of whether you utilise or fully utilise those services.
- If you do not pay your account on time JobAdvisor may disable your account without notice and refuse to supply further services to you.
- You agree that pursuant to the Privacy Act 1988 (Cth), JobAdvisor may obtain from either a credit reporting agency or other credit providers personal credit information about you and/or your directors or a consumer credit report about you for the purpose of collecting overdue payments relating to commercial credit owed by you.
- JobAdvisor retains all intellectual property rights subsisting in any of the goods and services provided to you by JobAdvisor.
- JobAdvisor provides no warranty to you that services generally available through the Site will be uninterrupted or error free. Except where we are unable to exclude our liability by legislation, we, our officers, employees, agents and contractors will not be liable in any way to you or anyone else for any loss or damage, however it arises (whether in contract, tort including negligence, or otherwise) out of or in connection with your access and use of the Site.
- In the case of goods or services supplied or offered via the Site, liability for breach of an implied term which cannot be excluded by legislation, is limited at our option to either, the supply of the goods or services (or the equivalent goods or services) again or the payment of the cost of having the goods or services supplied again.
- Our limitation of liability under these Terms applies to direct, indirect, consequential, special, punitive or other damages that you or others may suffer, as well as damages for loss of profit, business interruption or the loss of data or information, even if we are informed of their possibility.
- JobAdvisor accepts no responsibility or liability for any errors in your content and you must check your content for errors as soon as they are placed on the Site.
- JobAdvisor cannot and does not guarantee or warrant to you that files available for downloading through the Site or delivered via email will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties.
- You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
- JobAdvisor acts as a medium through which individuals may seek employment opportunities. JobAdvisor does not vet, nor is it responsible for vetting, candidates or the representations made by them whether oral or in writing - including those representations appearing in candidates' resumes.
- JobAdvisor reserves the right at all times without the need to have to provide any notice to you, to alter the functionality and/or appearance of its products and services available from JobAdvisor or the Site itself, including but not limited to advertisements on the Site and/or as they are represented on mobile devices.
You warrant and agree that:
- you have the legal capacity and power to agree to be bound by these Terms and perform the obligations under it;
- advertisements and other works posted on the Site do not breach the intellectual property rights of any third party;
- all files delivered to JobAdvisor will be free of infection or viruses; and
- you will not use the Site for any illegal purpose.
You indemnify and will keep indemnified JobAdvisor, its officers, employees and agents against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by JobAdvisor in connection with:
- any breach of these Terms by you;
- any negligent act or omission by you;
- the listing or proposed listing of any content by you on the Site or any related site; or
- an actual or alleged breach by you of any law, legislation, regulations, by-laws, ordinances or codes of conduct which occurs a consequence of the your advertisement appearing on the Site.
- You agree at all times to deal with any information or products provided by JobAdvisor or accessed from the Site in a manner which abides by all applicable laws of Australia, or of any other relevant jurisdiction (including, without limitation, privacy and copyright laws).
- You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Site including data, content, code and software.
- You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on this Site for establishing, maintaining, advancing or reproducing information contained on our Site on another website or in any other publication, without JobAdvisor's prior written approval.
- You may not ask or require any individual to pay a fee, charge, cost or any money whatsoever whether such fee, charge, cost or money is asked or required of the individual in a job advertisement or in any communication with the candidate that takes place as a result of a job advertisement or content placed on the Site.
- You may not use any feature of the Site to send unsolicited commercial email to candidates, whether individually or as a group.
- You must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to JobAdvisor without JobAdvisor's prior written approval.
- Any advertisements acquired by you from JobAdvisor must not be on-sold or supplied by you to third parties unless you are a media buyer (as approved by JobAdvisor) whose primary business it is to acquire media on behalf of third parties.
You must ensure that all content posted to the Site comply with all applicable legislation, regulations, by-laws, ordinances and codes of conduct, including but not limited to the:
- Trade Practices Act 1974 (Cth), including but not limited to s.53B which requires that if you are a company you must not mislead persons seeking employment as to the availability, nature, terms or conditions or, any other matter relating to the employment opportunity being offered; and
- Fair Trading Acts in all applicable States and Territories; and
- Privacy Act 1988 (Cth) including the National Privacy Principles; and
- Human Rights and Equal Opportunity Commission Act 1986 (Cth) and all anti-discrimination and equal opportunity legislation applicable in the State or Territory in which you do business.
- You must adhere to the principles of truth in advertising set out in the RCSA's Code For Professional Practice.
- You are not permitted to insert links to any external websites or externally hosted application forms without JobAdvisor's prior written approval.
- JobAdvisor reserves the right to terminate your agreement with JobAdvisor if you post any content that may be in breach of any of these Terms. Furthermore, JobAdvisor reserves the right to, in its absolute discretion, reject or remove any content from the Site for any reason.
- Termination of this agreement will not end those provisions that are capable of surviving the ending of this agreement.
- These Terms are governed by the laws of New South Wales. Advertisers irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of New South Wales, and waive any objection to legal action being brought in those Courts on the grounds of venue or inconvenient forum.