Subscription Services Terms and Conditions
Last updated: 10th Sept 2016
This website is owned and operated by Search Party Holdings Pty Ltd trading as JobAdvisor, ACN 605 350 696 (" JobAdvisor ", " we ", " us " and " our "). Advertisers on www.jobadvisor.org (the " Site ") are identified as " you " or " your ".
Your access to and use of the information, materials and services provided on the Site is conditional upon your acceptance and compliance with these terms and conditions (the " Terms ").
- To subscribe for the services available through the Site (" Services "), follow the instructions set out on the Site. Your online request to subscribe for the Services is an offer by you to subscribe for the Services. We will notify you by email if we accept your offer at which point a contract will be formed between you and us in respect of your Services subscription, incorporating these Terms (the " Contract ").
- We may vary these Terms at any time. If we vary these Terms, we will notify you by email. If you are not satisfied with the changes made to the Terms, you may cancel the Contract in accordance with clause 4.
- You agree that we may publish all materials provided by you to us or uploaded to the Site including, but not limited to, written content, logos, images and videos, and you hereby grant us a non-exclusive, revocable, royalty free licence in respect of such use in accordance with the Contract.
- Either we or you may cancel the Contract immediately on written notice to the other, in which case your access to the Services shall cease immediately.
- As between you and us, we retain all intellectual property rights subsisting in the Services and the Site, other than any materials provided or uploaded by you (in respect of which you grant us a licence pursuant to clause 3).
- We provide no warranty to you that the Site or the Services will be uninterrupted or error free. We accept no responsibility or liability for any errors in your content and you must check your content for errors as soon as your content is placed on the Site.
Nothing in these Terms shall limit or exclude our liability for:
- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
- fraud or fraudulent misrepresentation; or
- any other liability which cannot be limited or excluded by applicable law.
Subject to clause 7, we shall not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these Terms for:
- loss of profits;
- loss of sales or business;
- loss of agreements or contracts;
- loss of anticipated savings;
- loss of use or corruption of software, data or information;
- loss of damage to goodwill; and
- any indirect or consequential loss.
- Subject to clause 7, our total liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract (including, without limitation, these Terms) shall be limited to £100.
- Clauses 7 to 9 (inclusive) shall survive termination of the Contract for whatever reason.
- If you are unhappy with the content of a user review, you should immediately 'flag' the review as inappropriate (the flag icon can be found at the bottom of every review). We do not accept any responsibility whatsoever for reviews posted about you and/or any related entities on the Site. You indemnify and will keep indemnified us, our officers, employees, agents and contractors against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses arising or alleged to arise from reviews posted about you on the Site. Notwithstanding the above, we do not provide any guarantee that the content will be removed from the Site.
- We cannot and do not guarantee or warrant to you that files available for download 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.
- The Site acts as a medium through which individuals may seek employment opportunities. We do not vet, nor are we responsible for vetting, candidates or the representations made by them, whether oral or in writing, including those representations appearing in candidates' resumés.
- We reserve the right at all times to alter the functionality and/or appearance of the Site without notice to you including, but not limited to, advertisements on the Site (whether accessed via a mobile device or otherwise).
You warrant, represent and undertake that:
- you have the legal capacity and power to enter into the Contract and shall comply in full with these Terms;
- advertisements and other works posted on the Site by you or your representatives, employees, agents and/or contractors shall not breach the intellectual property rights of any third party;
- all files delivered to us and/or uploaded to the Site will be free of infection or viruses; and
- you will not use the Site for any illegal or immoral purpose.
You indemnify and will keep indemnified JobAdvisor, its officers, employees, agents and contractors (together the "Indemnitees") against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by the Indemnitees in connection with:
- any breach of the Contract (including, without limitation, 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 as a consequence of your advertisement appearing on the Site.
- You agree at all times to deal with any information or products provided by us or accessed from the Site in a manner which abides by all applicable laws (including, without limitation, privacy and copyright laws).
- You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material (or derivative material) from the Site including data, content, code and software.
- You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on the Site for establishing, maintaining, advancing or reproducing information contained on the Site on another website or in any other publication, without our 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 emails 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 us, the Site and/or the Services without our prior written approval.
- Any advertisements acquired by you from us must not be on-sold or supplied by you to third parties unless you: (i) are a media buyer whose primary business it is to acquire media on behalf of third parties; and (ii) have received our prior written authority to do so.
- You must ensure that all content posted to the Site complies with all applicable legislation, regulations, by-laws, ordinances and codes of conduct, including, but not limited to, applicable human rights, employment, anti-slavery and data protection laws.
- You must adhere to the rules, regulations, codes and/or guidance of any applicable advertising regulator.
- You are not permitted to insert links to any external websites or externally hosted application forms without our prior written approval.
- We reserve the right to terminate the Contract if you post any content that may be in breach of any of these Terms. Furthermore, we reserve the right to, in our absolute discretion, reject or remove any content from the Site for any reason.
- These Terms constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to their subject matter.
- If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.
- Except as provided in clause 17, no one other you or us shall have any right to enforce any terms of the Contract.
- Any reference to a notice being "written" in these Terms includes by email.
- These Terms are governed by the laws of New South Wales, Australia. You 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.