>Advertising Terms & Conditions
1. All amounts owing by Advertisers must be paid prior to the placement of any advertisement on the Site.
2. You are responsible for ensuring that the content of any advertisement:
(1) is true and accurate;
(2) complies with all relevant legislation and any applicable codes of practice in all applicable jurisdictions including the Human Rights and Equal Opportunity Commission Act 1986 (C'th) and all anti-discrimination and equal opportunity legislation applicable in the State or Territory in which they conduct business.;
(3) is not discriminatory, obscene, defamatory, or in any other way illegal and does not infringe the rights of any third party (including without limitation the intellectual property rights of any third party). Where an exemption to comply with the legislation has been granted, the exemption number must be included in the advertisement submitted.
3. Whilst does not review every advertisement posted to the Site, we reserve the right to withdraw without notice to the Advertiser (at our option) any advertisement that may be in breach of any clause of this agreement or of any law or regulation. We also reserve the right to terminate this agreement if the Advertiser posts any advertisement that may be in breach of any law or regulation. Further, we reserve the right to, in its absolute discretion, reject or remove any advertisement from the Site for any reason.
4. Advertisers indemnify and will keep our its officers, employees and agents indemnified against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by us in connection with:
(1.) Any breach of this agreement by the Advertiser;
(2.) Any negligent act or omission by the Advertiser;
(3.) The listing or proposed listing of any advertisement by an Advertiser on the Site or any related site; or
(4.) an actual or alleged breach by an Advertiser of any law, legislation, regulations, by-laws, ordinances or codes of conduct which occurs a consequence of the Advertiser’s advertisement appearing on the Site.
5. We cannot and do not guarantee or warrant to the Advertiser that files available for downloading through the Site or delivered via electronic mail through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. Advertisers are responsible for implementing sufficient procedures and checkpoints to satisfy their 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.
6. We provide no warranty to Advertisers that services generally available through the Site will be uninterrupted or error free. We agree to use any reasonable endeavors to ensure that any disruptions to or a denial of access to the Site will be remedied as quickly as possible.
7. We will not be liable for any delay or failure to perform its obligations under this agreement if such a delay or failure is due to circumstances beyond its reasonable control.
8. We will make every effort to avoid errors in advertisements it has agreed to post to the Site. However, we accept no responsibility or liability for any errors and requires that Advertisers check their advertisements for errors as soon as they are placed on the Site(s). All reasonable efforts will be undertaken by us to edit errors brought to our attention as soon as reasonably possible.
9. We agree to use reasonable efforts to publish advertisements in the shortest possible time. We are not liable for any loss or damage incurred by an Advertiser as a result of any failure or delay in listing an advertisement.
10. The Advertiser warrants and undertakes that:
(1.) It has the legal capacity and power to enter into this agreement and perform its obligations under it;
(2.) Advertisements and other works posted on the Site do not breach the intellectual property rights of any third party;
(3.) All files delivered to us will be free of infection or viruses; and
(4.) It will not use the Site for any illegal purpose.
11. Advertisers agree at all times to deal with any information or products provided to us 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).
12. Advertisers agree not to use the Site to post any pyramid scheme on the Site and also agree not to ask or require any candidate to pay a fee, charge, cost or any money whatsoever to apply for any job advertised on the Site whether such fee, charge, cost or money is asked or required of the candidate in the job advertisement itself or in any communication with the candidate that takes place as a result of a job advertisement placed on the Site.
13. Advertisers agree not to use any feature of the Site to send unsolicited commercial email to candidates, whether individually or as a group.
14. Advertisers must adhere to the principles of truth in advertising set out in the RCSA's code of Practice. Advertisers placing advertisements for permanent positions should only place job ads for permanent positions for which they have permission to recruit.
15. Advertisers must ensure that all advertisements posted to the Site comply with all applicable legislation, regulations, by-laws, ordinances and codes of conduct, including but not limited to the:
(1.) Trade Practices Act 1974 (Cth), including but not limited to s.53B which requires that Advertisers that are companies not mislead persons seeking employment as to the availability, nature, terms or conditions or, any other matter relating to the employment opportunity being offered;
(2.) Fair Trading Acts in all applicable States and Territories;
(3.) Privacy Act 1988 (Cth) including the National Privacy Principles; and
(4.) Estate Agents Acts in all applicable States and Territories.
16. Advertisers are not permitted to link from the job application process to any external websites/externally hosted application forms without our express written approval. Such approval is subject to strict terms and conditions.
17. Advertisers may not assign or transfer any rights and obligations pursuant to this agreement to any other person or entity without our prior written approval (which will not be unreasonably withheld). If you are a company, any change in your effective control shall be deemed an assignment for the purpose of this clause.
18. Advertisers agree that we will retain all intellectual property rights contained in any of the goods and services provided to you by us.
19. Advertisers acknowledge and agree that we act as a medium through which individuals seek employment opportunities and that we do not vet nor is it responsible for vetting job candidates or the representations (whether oral or in writing – including those representations appearing in job candidates resumes appearing on our resume database) made by them. We disclaim all liability for any loss, costs, damages or loss of profits sustained as a consequence of any Advertiser employing or engaging any person sourced through the Site.
20. Advertisers understand and agree that the following actions constitute a new/additional job advertisement under this agreement: copying a job ad; reposting an archived or deleted job ad; extending a job ad beyond 30 days (known as "repost" and this can occur on multiple occasions); changing a zone classification and refreshing any job posting. Refreshing is the process of deleting and re-posting the same or substantially similar job advertisement. Changes to job ad body copy and ad title or location, work type, industry and occupation categories within the existing zone do not constitute a new job ad, regardless of the method used to post the ad.
21. Advertisers agree that pursuant to the Privacy Act 1988 (Cth), we may obtain from either a credit reporting agency or other credit providers:
(1.) Personal credit information about the Advertiser and/or its directors for the purpose of assessing an Advertiser’s commercial credit application; and
(2.) A consumer credit report about the Advertiser for the purpose of collecting overdue payments relating to commercial credit owed by the Advertiser.
22. Advertisers must ensure that advertisements posted to the Site are posted to the appropriate category of the Site and the onus is on Advertisers to ensure that they familiarise themselves with the advertising requirements of each available category on the Site to ensure appropriate placement of advertisements.
23. We reserve the right and Advertisers must accept as a condition of advertising on the Site, our right to re-classify advertisements posted to the Site, entitling us to withdraw advertisements from one category of its Site and to re-publish advertisements in another category on the Site.
24. Advertisers must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to the Site without our prior written approval.
25. If any part of this agreement is held invalid that part shall be severed from this agreement and the remainder of this agreement will continue to be valid and enforceable.
26. Termination of this agreement will not end those provisions that are capable of surviving the ending of this agreement.
27. This agreement is governed by the laws of