Terms of Use
These terms and conditions apply to your use of jobsjobsjobs Pty Ltd's website at www.jobsjobsjobs.com.au ("the Site"). Please read these terms and conditions carefully before accessing or using the information and services available through the Site. By accessing or using the Site you agree to be bound by these terms and conditions.
If you are a job hunter or an Advertiser on the Site, the terms of your sales or personal agreement with jobsjobsjobs Pty Ltd ("the Company") will also apply in relation to your use of services provided by the Company.
These terms and conditions may be modified from time to time and you should regularly review them. If we make a material change to these terms and conditions we will notify you by placing a prominent notice on our homepage or by directly sending you a notification. Your continued use of the Site and our services constitutes your agreement to these terms and conditions and any modifications to them.
1. COPYRIGHT AND TRADEMARKS
All intellectual property rights (including future copyright) in the information and other material appearing on the Site vests in and is the exclusive property of jobsjobsjobs Pty Ltd ("the Company") and its licensors. If the Company permits you to advertise on the Site you grant the Company an irrevocable, permanent and royalty free licence to use any advertisement that has been submitted by you for placement on the Site or any other third-party website deemed reasonable by the Company for the express purpose of generating user views and applications. You may not and must not allow or permit other parties on your behalf to copy advertisements, or to undertake site scraping or other similar activities unless you have obtained the prior, express permission of the Company.
2. PRIVACY POLICY
If you choose to provide us with personal information as part of your use of the Site (including your CV), this information will be managed in accordance with our Privacy Charter. Please read our Privacy Charter before you use this Site.
3. ACCEPTABLE USE
You agree that during your use of the Site you will not intentionally make representations that are misleading or false. Your use of the Site shall be for personal or professional purposes only and you will not use the Site to store, send, distribute or publish any offensive information or unsolicited contact.
The Company also operates an Acceptable Use Policy in regard to the posting and refreshing of job advertisements. The Company does not allow cosmetic refreshing of job advertisements, designed to reposition job ads at the top of search listings.
In addition, Advertisers agree that:
(a) They will only list one job position per advertisement unless otherwise agreed. The Company reserves the right to individually charge for any multi job listings that appear within the same advertisement. The Company also reserves the right to remove any advertisements that are in breach of this policy.
(b) They will not perform any refresh or reposting of advertisements purely for the purpose of restoring those ads to the top of any search listings.
(c) Unless otherwise agreed, they will only include branding on the Site that represents the entity with whom the Company has a contractual arrangement.
(d) Unless otherwise agreed, they will only have branding representation on the website in the categories in which they post job content in a calendar month.
(e) They may only use an external application link where this link directly takes the applicant to a definitive application form.
(f) Unless otherwise agreed, the only means of contact with the advertiser that will be communicated in a job advertisement are those available through the jobsjobsjobs.com.au application process & other provided system contact points such as; Branding tiles contact functionality, Recruiter Directory contact functionality and other Contact Us functionality available through the website. All other contact information (such as phone numbers, email addresses etc) which is not able to be tracked or is not being tracked by jobsjobsjobs.com.au will be deemed as unacceptable. In other words, any information that bypasses the jobsjobsjobs.com.au application process and places the website user in direct contact with the advertiser is deemed unacceptable.
(g) Unless otherwise agreed, email address contained within a job advertisement will be replaced with a standard jobsjobsjobs.com.au address, such as xxx@apply-now.com.au, where XXX is the jobsjobsjobs.com.au jobID. It is deemed unacceptable and a breach of the terms and conditions of this website to actively or knowingly alter an email address or its appearance on the jobsjobsjobs.com.au website to avoid this automatic tracking.
4. LEGAL JURISDICTION
These terms and conditions and your use of the Site will be governed by the laws of the State of Victoria, Australia. You and the Company submit to the non-exclusive jurisdiction of the courts of that State and the courts of appeal from them. You will not object to the exercise of jurisdiction by those courts on any basis.
5. LIABILITY
You agree that the Company will not be liable for any damages or liability whatsoever that may arise as a result of your use of the Site or other services. The Company hereby also exclude any warranties as to the accuracy, quality and validity of any of the Site contents, including curriculum vitas or other information submitted by users of the Site ("Users") in response to advertisements. Nothing in this section limits or excludes any non-excludable rights that you may have under statute, such as the Trade Practices Act 1974 (Cth).
5.1 Service
The Company gives no guarantee as to the availability and performance of the Site. Accordingly, the Site is provided by the Company on an 'as and when available' basis. Where the Company provides links to external websites maintained by third parties, the Company gives no guarantee or endorsement as to the services operated by those websites.
5.2 Security
While the Company takes reasonable steps to ensure that information provided to us by users via the Site is maintained securely, and in accordance with our Privacy Charter, we accept no responsibility for breaches of security or unauthorized access that arise as a result of disclosure by Users of their login details, username or password. You will remain responsible, at all times, for maintaining the confidentiality of your login details, username and password and the Company accepts no liability for the misuse of these details.
While the Company also takes reasonable steps to ensure the Site is virus free, you acknowledge that accessing the Site is done at your own risk. This also includes, but is not restricted to, any monetary or other loss that may result from loss or corruption of data, downtime or hardware damage.
5.3 Job Advertisements
The Company provides no guarantee as to the accuracy or availability of any specific job that may be advertised on the Site. You should be aware that parties that advertise on the Site may have already filled the position in an advertisement even though it still appears on the Site.
The Company also cannot guarantee that any advertisement placed on the Site will attract applications from Users, or that any advertisement placed on the Site will lead to the placement of a successful candidate in an advertised position.
5.4 Indemnity
You will at all times indemnify and will continue to indemnify, hold harmless and defend the Company, its related bodies corporate and their respective personnel (in this section, "those indemnified") from and against all liabilities, costs, damages, expenses, claims, suits, allegations and demands, including, without limitation, all legal fees (incurred on a solicitor and own client basis), arising out of or in relation to:
(a) any infringement, or claim or allegation of infringement, of the intellectual property rights or any other proprietary rights of a third party; and
(b) any fraud, deliberate or willful misconduct or negligence or breach of these terms and conditions committed by you.
6. RIGHT OF REFUSAL
The Company retains the right to refuse, withdraw or require to be amended any information submitted via the Site, or any advertisement placed on the Site, that the Company deems to be illegal, misleading, offensive or in any other way unsuitable.
7. PAYMENT
Payment and invoice terms for placement of job advertisements or other services will be made according to the terms specified in the agreement the Company enters with you in relation to our services. For the purchase of job packs of up to 20 advertisements, credit card payment will be required prior to placement of the advertisement on the Site.
If you submit an advertisement to be placed on the Site, you agree to pay the Company in full for that advertisement prior to its publication on the Site. The Company will not pay any refunds under any circumstances (except if required by a non-excludable law).
If you submit payment by using a credit card and that payment is unable to be made, for whatever reason, you agree that you will be liable for all charges and costs associated with resubmitting a request for payment or other means of making payment to the Company.
8. SUSPENSION
The Company reserves the right to suspend or close accounts at its absolute discretion in the event of, but not limited to, non-payment of advertisements or breaches of these Terms and Conditions.
9. jobcap TERMS OF USE
These conditions apply in addition to those set out in our website Terms of Use, and our Acceptable Use policy.
Specific Terms of Use for jobcap:
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jobcap is not available to recruitment or network marketing businesses.
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jobcap is offered at the absolute discretion of jobsjobsjobs.com.au.
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jobcap is not available to any other website or business considered a direct or indirect competitor of jobsjobsjobs.com.au.
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jobcap plans are determined by staffing levels.
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jobcap plans are not available to any business with more than 200 staff.
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jobsjobsjobs.com.au Acceptable Use policy applies to the use of the jobcap product.
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jobcap ads are not transferable between other businesses or entities without prior written permission from jobsjobsjobs.com.au.
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jobcap payment is non-refundable and non-transferable.
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jobcap payment must be received upfront before an account can be operated.
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Abuse of the jobcap product may result in suspension of the account.
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Terms of Use for jobcap are subject to change without notice.