SPOTJOBS PTY LTD ACN 145 826 231
TERMS AND CONDITIONS
A.1 These Terms and Conditions form an agreement (Agreement) between SpotJobs Pty Ltd ABN 36 145 826 231 a company registered in Victoria, Australia and you in relation to your use of the websites “spotjobs.com” and “spoted.com.au” and any of our other websites (Site). You agree to be bound by the Terms and Conditions each time you use or access the Site.
A.2 In these Terms and Conditions, references to "we", "us" and "our" refer to SpotJobs Pty Ltd and references to "you" and "your" refer to each user of our Site.
C.1 Site Description and Definitions.
(a) The Site is an online jobs and skills platform where:
- I Employers can post Job advertisements and engage with Candidates;
- II Candidates can search and apply for Jobs;
- III Candidates can search and apply for Courses; and
- IV we may recommend relevant Jobs, Candidates, Employers and Courses to users of the Site.
(b) Definitions relevant to the Site:
- I Candidate means any person using the Site other than an Employer;
- II Course means an education or training course offered by a third party education or training organisation;
- III Employer means a user of the Site that posts Jobs; and
- IV Job means any advertised opportunity for work or employment on the Site.
Your licence to access the Site shall be ongoing until terminated by us in accordance with these Terms and Conditions.
C.3 Limitations on Use.
(a) We may limit or restrict access to the Site from time-to-time as we see fit.
(b) If you are under the age of 18, you may only use the Site with the permission and/or supervision of your parent or legal guardian who must be over the age of 18.
D REGISTRATION AND PAYMENT
D.1 Candidate Registration.
The following terms and conditions apply to you if you are a Candidate.
(a) You may be required to register your details to be able to view or apply for Jobs or Courses or to access content on the Site.
- I any Jobs or Courses that you may have applied for; and/or
- II any relevant Jobs, Courses or Employers that match your registration preferences; and/or
- III your potential enrollment in Courses, unless and until you tell us otherwise.
(c) Candidates may use the Site at no charge.
(d) We may receive a commission from our third party service provider if you enrol into a Course.
D.2 Employer Registration & Payment.
The following terms and conditions apply to you if you are an Employer.
(a) You must be registered on the Site prior to posting any Jobs.
(b) You agree, and warrant that you have the authority, to:
- I create an Employer account;
- II post any Jobs or other information about the company/business you are representing to the Site; and
- III pay for any Job posting.
(c) Unless otherwise agreed with us in writing, you must pay us the applicable fee set out on www.spotjobs.com.au for each Job posted by you on the Site.
(d) If you do not hold a corporate account with us, you will be required to make payment to us online prior to the posting of the Job.
(e) Once payment has been made for a Job posting, no refunds are available unless specifically authorised by us or required by law.
E ACCOUNT ACCESS USING THIRD-PARTY SERVICES
E.1 Registration and Login.
(a) You can also register on the Site, and access the Site, by logging into your profile with certain third party services (“TPS”) (including, but not limited to, Facebook).
(b) As part of the functionality of the Site, you may can connect your profile with a TPS by:
- I providing your TPS login information to us through the Site; or
- II allowing us to access your TPS in accordance with its terms and conditions of service.
(c) A TPS may have additional terms and conditions which apply to your use of that service. When connecting to the Site using a TPS, you warrant that you are not in breach of any of the terms and conditions that apply to that TPS.
(d) We are not responsible for your use of any TPS. We are not liable for any loss or damage you may suffer in connection with your use of any TPS.
E.2 Ongoing Availability.
(a) You agree that:
- I access to the Site may be unavailable if the TPS becomes unavailable; and
- II you may lose functionality or content that is shared between the TPS and the Site.
(b) You may disconnect the connection between the Site and the TPS at any time.
(c) We have no relationship with any TPS and cannot guarantee the efficacy of any TPS connection.
E.3 Data from TPS.
Where you connect and or register your profile using a TPS, you authorise us to use data from that TPS to create your profile on the Site.
Either party may end this Agreement at any time by written notice in accordance with the Terms and Conditions.
G.1 Legal Location.
(a) Governing Law. Victoria, Australia
(b) Reference City. Melbourne
The parties may agree to any Special Conditions to this Agreement in writing. Where the parties make such Special Conditions, those Special Conditions shall prevail over any inconsistency with any other provisions of the Terms and Conditions.
1.1 Unless otherwise agreed in writing, the following definitions apply in the Terms and Conditions:
(a) ABN means Australian Business Number.
(b) ACN means Australian Company Number.
(c) Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in the Reference City set out in item G of the Particulars.
(d) Fees & Charges means the fees and charges referred to in item D of the Particulars.
(e) General Conditions means the terms and conditions set out in the section of this document entitled “General Conditions”.
(f) GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (as amended from time to time).
(g) Intellectual Property means all rights (present and future) conferred by common law, equity or statute (and all moral rights) connected with business names, computer software, confidential information, copyright, designs, domain names, formulas, inventions, know-how, patents, trade marks, 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.
(h) Particulars means the terms and conditions set out in the section of this Agreement entitled “Particulars”.
(i) Privacy Act means the Privacy Act 1988 (Cth) (as amended from time to time).
(k) Special Conditions means the terms and conditions set out in the section of this Agreement entitled “Special Conditions”.
(l) Tax Invoice has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
(m) Terms and Conditions means the Particulars, any Special Conditions and the General Conditions.
1.2 Headings are only for convenience and do not affect interpretation. The following rules apply unless the context requires otherwise:
(a) The singular includes the plural and the opposite also applies.
(b) If a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning.
(c) A reference to a clause refers to clauses in the Terms and Conditions.
(d) A reference to legislation is to that legislation as amended, reenacted or replaced, and includes any subordinate legislation issued under it.
(e) Mentioning anything after includes, including, or similar expressions, does not limit anything else that might be included.
(f) A reference to a party to this agreement or another agreement or document includes that party’s successors and permitted substitutes and assigns (and, where applicable, the party’s legal personal representatives).
(g) A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.
(h) A reference to information is to information of any kind in any form or medium, whether formal or informal, written or unwritten, for example, computer software or programs, concepts, data, drawings, ideas, knowledge, procedures, source codes or object codes, technology or trade secrets.
(i) A reference to dollars or $ is to an amount in Australian currency.
2.1 The Terms and Conditions apply to your use of, and access to, the Site.
2.2 If you do not accept the Terms and Conditions, you must immediately cease using the Site.
2.3 We may amend the Terms and Conditions from time to time. Amendments will be effective immediately upon notification on the Site. By continuing to use the Site, you consent to any such amendments. It is your responsibility to regularly check the Terms and Conditions for any amendments.
3.1 You agree and accept that the Site is:
(a) hosted by us (or our contracted service provider) and shall only be installed, accessed and maintained by or on our behalf;
(b) can only be accessed using the internet or other connection to our servers and is not available ‘locally’ from your systems; and
(c) managed and supported exclusively by or on our behalf from our servers and that no ‘back-end’ access to the Site is available to you unless we expressly agree in writing.
3.2 As a hosted and managed Site, we reserve the right to upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise alter the Site without notice to you.
4.1 We grant to you a limited, non-exclusive, non-transferable and revocable licence solely to access and use the Site in accordance with the Terms and Conditions.
4.2 We may issue the licence to you on the further terms or limitations set out in Special Conditions.
4.3 We may revoke or suspend your licence where we believe we have reasonable grounds to do so, including for any breach of the Terms and Conditions by you or your other users. We will ordinarily advise you of any suspension or revocation, however, we are under no obligation to do so.
5 SPECIFIC WARNINGS ABOUT USE
5.1 You must ensure that you only use the Site for legal purposes and that you do not use the Site to engage in any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by us in our discretion.
5.2 You must take your own precautions to ensure that the process which you employ for accessing the Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Site or any linked web site.
5.3 Whilst we have no reason to believe that any information contained on the Site is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep the Site updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on the Site.
5.4 Responsibility for the content of advertisements appearing on the Site (including hyperlinks to advertisers' own web sites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' Jobs, products (including Courses) or services and each advertiser is solely responsible for any representations made in connection with its advertisement.
5.5 We make no warranty that goods or services acquired from us over the Site will meet your requirements.
6 AUTHORISED USERS
6.1 You may authorise other users to access data relating to you on the Site. We accept no liability for access to your data by users who are authorised by you to access your data.
6.2 You are solely responsible for the security of your username and password for access to the Site.
7 LINKED WEB SITES
7.1 The Site may contain links to other web sites (linked web sites). Those links are provided for convenience only and may not remain current or be maintained.
7.2 We are not responsible for the content or privacy practices associated with linked web sites.
7.3 Our links with linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.
8.2 We make no warranty as to the suitability of the Site in regards to your privacy obligations at law or contract, and it is your responsibility to determine whether use of the Site is appropriate for your circumstances.
9 FEES & CHARGES
9.1 You agree to pay all Fees & Charges as and when they fall due. To the extent permitted by law, Fees & Charges are non-cancellable and/or non-refundable once goods or services are ordered and/or paid (as relevant) unless we agree otherwise in writing.
9.2 You agree to pay the Fees & Charges referenced in the Particulars.
9.3 We may introduce new services and/or Fees & Charges by giving you written notice of their availability and applicability.
9.4 We shall notify you of any changes to existing Fees & Charges. We reserve the right to change the Fees & Charges from time to time.
9.5 If you do not accept a change to Fees & Charges, you must notify use before using the Site again.
9.6 We may, without incurring any liability, revoke or suspend your licence to access and use the Site if you fail to pay the Fees & Charges when they become due.
10 INVOICING & PAYMENTS
10.1 We shall issue a Tax Invoice to you for all Fees & Charges for which GST applies.
10.2 Where Fees & Charges are payable:
(a) in advance, no services shall be commenced or provided unless a Tax Invoice has been issued and paid in full; or
(b) in arrears, we reserve the right to cease work and not perform any further services until the Tax Invoice for those Fees & Charges has been paid.
10.3 Should you dispute a Tax Invoice, you must notify us of the disputed item within 5 Business Days of the date of the Tax Invoice. You must pay the amount of the Tax Invoice not in dispute within the prescribed payment period.
10.4 Overdue payments shall accrue interest at the rate of 1.5% per month, or in default, the maximum rate of penalty interest prescribed under law.
10.5 You authorise us to use your information for the purpose of obtaining a credit assessment or to otherwise make investigations as to your payment history.
11.1 Security. We take the security of the Site and the privacy of users very seriously. Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. You must not do anything to prejudice the security or privacy of our systems or the information on them.
11.2 Transmission. We shall do all things reasonable to ensure that the transmission of data occurs according to accepted industry standards. It is up to you to ensure that our transmission standards meet your operating and legal requirements.
11.3 Storage. We may limit the amount of data that you store in the Site and shall advise you of any such limitations. Data that is stored with us shall be stored according to accepted industry standards.
11.4 Backup. We shall perform backups of our entire systems in a reasonable manner at such times and intervals as is reasonable for our business purposes. We do not warrant that we are able to backup or recover specific customer data from any period of time.
11.5 Acknowledgment by you. You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on the Site. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.
12.1 We do not guarantee that you will have ongoing access to the Site. Access to the Site may be terminated at any time by us without notice.
13 INTELLECTUAL PROPERTY
13.1 Proprietary Information. The Site may use software and other proprietary systems and Intellectual Property for which we have appropriate authority to use, and you agree that such is protected by copyright, trade marks, patents, proprietary rights and other laws, both domestically and internationally. You warrant that you will not infringe on any third-party rights through the use of the Site.
13.2 Copyright. Copyright in the Site (including separate elements of the Site such as text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these Terms and Conditions, you may not (without our express written permission) in any form or by any means:
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Site;
(b) directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in the Site or any documentation associated with it; or
(c) commercialise any information, products or services obtained from any part of the Site or the services.
13.3 Trade marks. The Site includes registered trade marks owned by us or third parties and trade marks that are the subject of applications for registration by us or third parties. We have moral and registered rights in our trade marks and you must not copy, alter, use or otherwise deal in these trade marks without our prior written consent.
13.4 Content. All content posted to the Site remains our (or our licensor's) Intellectual Property, including (without limitation) any source code, ideas, enhancements, feature requests, suggestions or other information provided by you or any other party.
14 LIABILITY & INDEMNITY
14.1 You agree that you use the Site at your own risk.
14.2 You acknowledge that we are not responsible for the conduct or activities of any user of the Site and that we are not liable for any such conduct or activities under any circumstances.
14.3 You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Site, including any breach by you of the Terms and Conditions.
14.4 We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Site or any linked web site, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Site.
14.5 To the extent permitted by law, we are not liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use the Site or any content, whether based on contract, tort, negligence, in equity or any other legal theory, and whether or not we knew or should have known of the possibility of such damage or loss.
14.6 The Australian Consumer Law (as embodied in Schedule 2 to the Competition and Consumer Act 2010 (Cth)) requires that certain guarantees must be given by us to consumers in relation to the supply by us of goods or services to consumers ("Consumer Guarantees"). For the avoidance of doubt, nothing in these Terms and Conditions is intended to exclude, restrict or modify the application of the Consumer Guarantees, the exercise of a right conferred by a Consumer Guarantee or our liability for a failure to comply with a Consumer Guarantee. In the event of our failure to comply with a Consumer Guarantee, our liability to you is limited to:
(a) in the case of goods supplied to you, the replacement of the goods or the supply of equivalent goods (or the payment of the cost to you of the replacement or supply), or the repair of the goods (or the payment of the cost to you of the repair); and
(b) in the case of services supplied to you, the supply of the services again or the payment of the cost to you of having the services supplied again.
15 ELECTRONIC COMMUNICATION, AMENDMENT AND ASSIGNMENT
15.1 The words in this clause that are defined in the Electronic Transactions Act 1999 (Cth) have the same meaning.
15.2 You and us agree to the clauses in the Particulars, the Special Conditions and the General Conditions. The Particulars, Special Conditions and the General Conditions form a single legal agreement. To the extent that the Particulars or the Special Conditions are inconsistent with the General Conditions, the terms of the Particulars will prevail. To the extent that the Special Conditions are inconsistent with the Particulars, the Special Conditions will prevail.
15.3 You can direct notices, enquiries, complaints and so forth to us by contacting us via the details set out on the Site.
15.4 We will send notices and other correspondence to you via the details that you submit to us, or that you notify us of from time-to-time. It is your responsibility to update your contact details as they change.
15.5 A consent, notice or communication under this Agreement is effective if it is sent as an electronic communication unless required to be physically delivered under law.
15.6 You may only assign, novate or otherwise create an interest in your rights under these Terms and Conditions with our express prior written consent.
16.1 Disclaimer. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in these Terms and Conditions.
16.2 Relationship. The relationship between you and us does not form a joint venture or partnership.
16.3 Waiver. No part of these Terms and Conditions will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
16.4 Further Assurances. You and us must do anything necessary (including executing agreements and documents) to give full effect to this Agreement and the transaction facilitated by it.
16.5 Governing Law. These Terms and Conditions are governed by the laws of the state set out in item G of the Particulars. You and us hereby submit to the non-exclusive jurisdiction of the courts of that jurisdiction.
16.6 Circumstances outside of our control. We accept no liability for any failure to comply with the Terms and Conditions where such failure is due to circumstances beyond our reasonable control.
16.7 Severability. Any part of these Terms and Conditions which is invalid or unenforceable is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.