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TERMS AND CONDITIONS

This document is published to state the rules and regulations, Privacy Policy, Cookies Policy and Terms and Conditions for access and/or usage of www.Jobseakers.com.au (hereinafter referred to as the “Website”).

All users of the Website should carefully read the entire contents of this Terms and Conditions as it contains important information, which relates to your legal rights and obligations. By accessing and/or using   the Website, you expressly agree to be legally bound by this Terms and Conditions.

This Terms and Conditions constitutes a legally binding agreement between you and ESEA SOLUTIONS (hereinafter referred to as the “the SiteOwner”) in relation to the Website including any subdomains and any other third party websites through which the SiteOwner makes available its products and services, whether directly or indirectly. The Terms and Conditions provides you information on the basis and terms on which the SiteOwner is prepared to allow you to access the Website for the purposes of making use of the services and products offered by the SiteOwner. BY CONTINUING TO USE THE WEBSITE USERS (AS DEFINED BELOW) EXPRESSLY AGREE TO OUR TERMS AND CONDITIONS STATED HEREIN WITHOUT ANY RESERVATION WHATSOEVER. IF USER DO NOT ACCEPT ANY OF THE TERMS AND CONDITIONS OF USE EXPRESSED HEREIN HE/SHE/IT MUST IMMEDIATELY CEASE TO USE ABD EXIT THE WEBSITE.

The SiteOwner reserves at all times the right to make changes to this Terms and Conditions at its sole and absolute discretion without further reference to Users. SHOULD USERS BE UNHAPPY WITH ANY FUTURE CHANGES FOR ANY REASON WHATSOEVER, USERS MUST IMMEDIATELY CEASE TO USE THE WEBSITE. IF USERS CONTINUE TO USE THE WEBSITE THEY SHALL BE DEEMED TO EXPRESSLY AGREE TO EACH INSTANCE, WE MAKE SUCH CHANGES.

In this Terms and Conditions, unless there is something in the subject matter or context inconsistent therewith, the following terms and expressions will have the following meanings:

"Content"

Any and all images, text, information, data, audio, video, graphics, computer code, software, and other material provided on or through the Website and the Services.

“Cookie”

Cookies are tiny files which contain slivers of data and information, which may or may not include, an anonymous unique identifier in relation to whom the cookie is directed. It is a tiny file of text that a website transfers and stores on your device with the purpose of tracking your movements within the website and your interaction with the various components and features of the website. These files facilitate to improve and enhance the user’s website experience and record their preferences. Cookies do not seek to control the devices on which they are stored and nor are they damaging, and nor do they extract your personal information from your device. The cookies will reside on your device(s) until they expire or are deleted.

“Employer”

Any person or business entity, whether incorporated or not, that registers an account on the Website as an Employer and posts details of a job vacancy on the Website whether on their own behalf or on behalf of one or more third parties.

“Intellectual Property”

Intellectual Property of the Website shall incorporate the entire content of the Website without exception and shall include, but is not limited to, all text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, trade name, service mark, trade dress, logo, custom graphics or icons and other materials that are or may become available on the Website after the effective date of this TOC and it is hereby declared that the entirety of the Intellectual Property is the sole and exclusive property of the SiteOwner.

“JobSeeker”

Any person who registers an account on the Website as a JobSeeker and who may apply for one or more job vacancies posted on the Website by Employers.

“Offer”

The offer made by the Employer to purchase one or more services and/or items displayed by the SiteOwner for sale on the Website by clicking on a ‘Buy Now’ or “Purchase Plan’ button.

“License”

The License granted by the SiteOwner to the User pursuant to Clause 18 of the Terms and Conditions.

“Purchased Item(s)”

The services and/or items purchased by the Employer on the Website.

“Purchaser”

Any Employer who makes an Offer to purchase services and/or items from the SiteOwner.

“Registered   User”  or “You”

The person or legal entity who creates a user account on the Website as an Employer or as a JobSeeker by following the prescribed registration process in order to be able to use of the Website and the Services.

“Services”

Through the Website, the SiteOwner provides Registered Users access to an online marketplace for Employers to advertise their job vacancies relating to the Maritime industry and provides JobSeekers the opportunity to apply for the vacant positions advertised by Employers. For utilisation of the Services, the SiteOwner provides Employers the option to buy plans on various tier plans offering different levels of services and these services are collectively referred to in this Terms and Conditions as the Services. Use of the Services is only available only to Registered Users of the Website.

 

“SiteOwner”  "or “Us” or “We”  

www.Jobseakers.com.au and all its related software, applications and related services and all intellectual property therein are the sole and exclusive property of ESEA SOLUTIONS, a business entity registered in Australia.

“TOC”

The Terms and Conditions in relation to the Services,  the Website as set out herein, inclusive of but not limited to, all the express and implied terms and conditions set out herein for the use of the Services and the Website and shall also include without limitation the Privacy Policy, Cookie Policy, Disclaimer and Copyright Policies which form an indivisible part of this Terms and Conditions except as otherwise provided herein.

“User” or “Users”

Any and all persons and/or entities that use any part of the Website for any purpose whatsoever no matter the duration or circumstances of such use and shall for all purposes include Registered Users.

“Website”

www.Jobseakers.com.au, which is owned, developed and operated by the SiteOwner.

“Working Day”

Shall mean any day on which banks are legally open for business in Australia.

 

 

 

GENERAL TERMS AND CONDITIONS

1.         Language

            The official language of the Website is English. All registrations procedures and all communications must be in English.

2.         Acceptance Of The Terms and Conditions By Users

All User of the Website must read this TOC before using any part of the Website. If you have any issue with any provision set out herein and/or you do not wish to be bound by any of the terms and conditions set out herein, you must stop using the Website immediately and leave.

By continuing to use any part of the Website for any duration whatsoever and for any purpose whatsoever, the User expressly and irrevocably without any reservation whatsoever accepts all the provisions, terms and conditions for the Services and the Website set out herein.

3.         Intellectual Property And Copyright

3.1       Except as otherwise expressly provided in this Agreement, the entire content of the Website is the intellectual property and copyright of the SiteOwner who without exception reserves all rights to its intellectual property and copyright in every respect and in all mediums and channels of distribution, publication, social media and sharing. No party is authorised or entitled to exploit commercially the content of the Website, in whole or any part thereof, under any circumstances for any reason whatsoever. Any copying, reproduction, redistribution, sharing and/or transmission of the content of the Website or any part thereof without the prior written consent of the SiteOwner is strictly prohibited.

3.2       Any trademarks displayed on the Website and the Services are the trademarks of the SiteOwner and no person or entity shall have the right to use or deal in the trademarks in any way whatsoever.

3.3       Any postings made by Users on any part of the Website shall become the exclusive property of the SiteOwner.

3.4       Notwithstanding the provisions of Clause 3.3, the User making the posting shall be wholly responsible for the entire content of the posting for all purposes, including but not limited to breach of copyright, theft of intellectual property, libel, slander, racial discrimination, sexual discrimination and any other instance which may give rise to any liability of whatever nature on the part of the SiteOwner.

3.5       The SiteOwner shall at all times retain the right, at its sole and absolute discretion, to remove any posting made by a User on the Website, in whole or in part, and the SiteOwner shall be under no obligation whatsoever to give a reason for such removal or to refer to the User in respect thereof.

3.6       If you are the creator/owner of any material displayed on the Website and you have not granted permission to anyone to use such material on the Website, please advise the SiteOwner in writing of the possible breach of your intellectual property rights and the SiteOwner undertakes to investigate the matter and where deemed appropriate, after such investigation, remove such material from the Website. All such notifications should be sent to the SiteOwner at feedback@jobseakers.com.au.

4.         Registration

4.1       All persons and/or entities seeking to have full access to the Services must  complete the registration process and be accepted by the SiteOwner as a Registered User of the Services and the Website and the acceptance of any registration shall be at the sole and exclusive discretion of the SiteOwner who shall be under no obligation whatsoever to provide any explanation should any registration be declined and where such an explanation is provided it shall be provided as a courtesy only.

4.2       Users must use their email address to complete the registration process. In creating the account, the Registered User represents, undertakes and warrants to the SiteOwner that they are not barred from receiving the Services in his/her/its jurisdiction and that the information provided for the creation of the account is true and correct and the Registered User agrees that he/she/it shall keep such information updated as changes occur from time to time in a timely manner.

4.3       In creating his/her/its account, the Registered User shall not use a username that may reasonably be expected to cause offence to others and they shall not use any username, which have or may have profane, racial, sexual or other socially unacceptable references

4.4       As part of the registration process, all registrants are required to answer a series of mandatory questions and a series of optional questions. The answers to these questions will assist the SiteOwner to determine whether the registrant is a suitable candidate to become a Registered User and determine the most suitable Services for the registrant. The registrant hereby warrants and undertakes to the SiteOwner that all his/her/its answers to the questions posed during the registration process shall be true and accurate.

4.5       The SiteOwner at all times reserves in its sole and absolute discretion the right to terminate or suspend the Registered User’s account if any of the information provided to the SiteOwner by the Registered User is found to be misleading, incorrect or false.  The SiteOwner may take such action it sees fit at any time without giving notice to the Registered User and/or without any reference to the Registered User.

4.6       The Registered User shall at all times be responsible for any activity that occurs in or through his /her/its account without reservation and shall be responsible for its security. The Registered User shall not at any time and for any reason share his/her/its account with any other person or legal entity and shall keep the Username and the password private. In the event the password is lost or stolen or has been disclosed to a third party, whether consciously or inadvertently, the Registered User undertakes to inform the SiteOwner of the breach of security of his/her/its account immediately. Notwithstanding the acceptance of such responsibility by the Registered User for the contents of his/her/its account, the Registered User shall not create any content which, (whether directed at a person, group of persons, a community or a religion):

a)                   Engages in any activity that interferes with or disrupts access to  or otherwise cause harm to the Website or the Services offered through the Website (or the servers and networks which are connected to the Website) or any affiliated or linked websites;

b)                  Impersonates any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

c)                   Is racist, bigoted, sexually discriminating, sexual in nature, harassing, obscene, profane, offensive or which may incite hatred of any kind or is illegal or which may promote illegal acts to be committed or which the Registered User knows or believes are untrue, inaccurate false, malicious, libellous or slanderous or are in any way linked or aligned to or with any terrorist group or groups or in any way incite or promote acts of terrorism and/or violence however defined or contain instructions of any kind which may result in the commissioning of acts of violence, terrorism;

d)                  Unlawfully threatening or unlawfully harassing including but not limited to indecently representing a person of any gender and/or age;

e)                   Uploads or distributes files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of our or our vendor websites or another’s computer;

f)                   Probes, scans or tests the vulnerability of the Website or any network connected to the Website, or breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer or vendor of the Website, including any website account not owned by the User, to its source, or exploit the Website or the Services or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than the User’s own information, as provided for by the Website;

g)                  Collects or stores data about other users in connection with the prohibited conduct and activities set forth in this TOC;

h)                  Uses the Website or any material or Content for any purpose that is unlawful or prohibited by this TOC, or the laws of Australia, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or other third parties;

i)                    Violates any code of conduct or other guidelines, which may be applicable for or to any particular Service;

j)                    Publishes, posts, disseminates information that is false, inaccurate, misleading or violate any applicable laws or regulations for the time being in force in or outside Australia;

k)                  Creates liability of any kind for the SiteOwner or cause the SiteOwner to lose (in whole or in part) the services of our internet service provider (“ISPs”) our vendors or other suppliers;

l)                    Could lead to the exploitation of any person under the age of 18 for any purposes, including, but not limited to, those of a sexual and/or economic nature or to the abuse, of any kind of such persons;

m)                Relates to a ponzi scheme, pyramid or other investment scheme, chain letter, unsolicited mailing;

 

n)                  Infringes or violates the rights of any third party, directly or indirectly, including but not limited to, rights to copyright or intellectual property and rights to privacy; and

o)                  Solicits passwords and other security access information.

4.7       The Registered User shall always keep all information relating to his/her/its account updated. If any such information is found to be inaccurate or untrue or the SiteOwner has reasonable grounds to believe that the information is inaccurate or untrue the SiteOwner shall at all times retain the right to limit, suspend or terminate such user accounts, including, but limited to, accounts for which no verification data has been submitted.

4.8       Under no circumstances will the SiteOwner be liable to Users for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the disclosure of your username and/or password. Further, Users agree to reimburse the SiteOwner for any improper, unauthorised or illegal use of their account by them or by any person obtaining access to the Website, the Services or otherwise by using Users’ designated username and password, whether or not Users authorised such access.

4.9       the SiteOwner reserves the right to undertake any actions, consultations it deems appropriate or necessary at its absolute discretion for the purpose of checking and verifying the identity of the Registered User and/or the information provided by the Registered User and such checks may include checking into any criminal background or search of various registers and the Registered User hereby expressly agrees to  the SiteOwner taking such steps it deems appropriate for checks and verification at its absolute discretion

5.         Who May Use The Website And The Services

5.1       Use of the Website and the Services is strictly restricted to persons over the age of 16 and who are capable of entering into a legal agreement in their country of residence. By using the Website and the Services, you expressly warrant and undertake to the SiteOwner that you have the capacity and authority to enter into an Agreement with the SiteOwner for use of the Website and the Services. Unregistered users will only have access to limited features of the Website. The limited access is to allow Unregistered Users to form a view as to whether they would like to register for an account on the Website to gain access to all the features and benefits of the Website and the Services by becoming a Registered User.

5.2       No person or entity shall be entitled to have more than one account on the Website. Any Registered User found to have more than one account, may have all his/her/its accounts terminated at the sole and absolute discretion of the SiteOwner, who shall be under no obligation whatsoever to give an explanation for such termination.

5.3       Registered Users shall only have access to the Website and the Services for so long as they observe all the terms and conditions set out in this TOC and its related documents which shall include but are not limited to, the Privacy Policy.

5.4       In registering an account on the Website and becoming a Registered User, the Registered User irrevocably undertakes, represents and warrants to the SiteOwner that he/she/it is in full compliance with Clause 5.1 and Clause 5.2 of this Agreement.

6.         Relationship Between the SiteOwner And Users

For avoidance of doubt, it is expressly stated that the SiteOwner shall at all times be an independent service provider to Users and nothing shall indicate, expressly or impliedly, that the SiteOwner is an agent,  and/or employee of Users or vice versa or that  the SiteOwner is in any way connected to the Users.

The SiteOwner is also not an adviser to Users in any way. All information posted by the SiteOwner on the Website is exclusively for information purposes only and shall in any way whatsoever be deemed or interpreted to be advice.

7.         Refusal Of Use

The provision of the Services and use of  the Website shall at all times be at the sole and absolute discretion of  the SiteOwner and  the SiteOwner shall at all times be at liberty without restraint or encumbrance to refuse use of the Services and/or the Website to any person or entity without giving an explanation for such refusal. Such right of refusal on the part of the SiteOwner may be exercised before or after the Registered User places an order with the SiteOwner in respect of the Services.

In the event the refusal of service is after the placement of an order by the Registered User, the SiteOwner shall give the Registered User a refund provided always that the order has not already been executed and/or performed, in part or in whole. The giving of such refund on the part of the Registered User shall be an act of courtesy and good customer service and shall not be interpreted in any way whatsoever as an admission of fault, responsibility and/or guilt for any purpose whatsoever. Where the Service has already been performed, in whole or in part, the SiteOwner shall be entitled to retain any payment by the Registered User in respect thereof on a pro-rated basis.

8.         Online Store

8.1       One of the Services offered by the SiteOwner on the Website is an online store through which Employers can purchase various tier plans allowing an Employer to access and use the Services and to post their job vacancies.

8.2       The display of items for sale on the Website does not constitute an offer for sale by the SiteOwner. The display of such items is a non-binding invitation to The Employer to submit an offer to purchase an item through the submission of an order for an item to the SiteOwner. By pressing the ’Buy Now’ or ‘Purchase Plan”, the Employer sends a legally binding offer to the SiteOwner to purchase the item(s). Once submitted, the Offer may be accepted or rejected at the sole and absolute discretion of the SiteOwner notwithstanding that the Employer may have already paid for the item(s) he/she/it intends to purchase by making the Offer. The Registered Owner may withdraw the Offer at any time prior to the Offer being accepted by the SiteOwner. The Offer shall be deemed to have been accepted by the SiteOwner when the SiteOwner dispatches to the Employer making the Offer an email confirming receipt of the Offer and confirming acceptance thereof. Once the Offer has been accepted by the SiteOwner, the Employer making the Offer may not withdraw it except with the written agreement of the SiteOwner, which agreement shall be at the sole and absolute discretion of the SiteOwner. Unless indicated otherwise, the effective date for the Purchase Agreement between the Employer making the Offer and the SiteOwner shall be date on which the SiteOwner sends the confirmation email to the Employer.

8.3       The SiteOwner requires payment in full for Purchased Item(s) prior to acceptance of the Offer and delivery. The Employer shall use one of the payment channels provided by the SiteOwner on the Website to pay for the Purchased Item(s).

8.4       Acceptance of the Offer by the SiteOwner  shall at all times remain conditional on the SiteOwner receiving payment from the Employer for the item(s) purchased and such payment shall be deemed to have been made when the SiteOwner receives free and clear funds into its account(s) relating to the payment channel selected by the Employer for making payment for the item(s) purchased. Until payment for the item(s) purchased by the Employer received by the SiteOwner, the SiteOwner shall at its sole and absolute discretion be at liberty to cancel the transaction with the Employer.

8.5       The official currency of the Website is the Australian Dollar.

8.6       All prices displayed on the Website, are stated exclusive of delivery costs, GST and other taxes of any kind and any other transaction charges that may apply. Any amounts due in respect of delivery charges, taxes of any kind in whichever relevant jurisdiction, customs and excise duties and other relevant charges, if any, will be added to the prices displayed and such amounts will be displayed in the checkout page.

8.7       The SiteOwner reserves the right at all times to change the provisions of this Clause 8 without giving any prior notice to Users and the onus shall be on Users to check the provisions of Clause 8 and this TOC as a whole prior to placing an order provided always that any orders placed by Purchasers prior to the Changes being implemented shall not be affected by such changes.

8.8       In the event of a conflict between the provisions of this Clause 8 and the remainder of the TOC, the provisions of this Clause 8 shall prevail but only insofar as such conflict relates to the Purchased Item(s) and matters relating thereto, including, but limited to, payment and delivery.

8.9       The place of performance as regards payment and delivery shall be Perth, Australia unless expressly indicated otherwise by the SiteOwner notwithstanding that the actual place for payment and delivery occurred at some other place.

8.10     The operation of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded and the courts of Australia shall have jurisdiction in all instances and in all matters.

9.         No Guarantee Of Success And Right To Refund

            The Services are provided by the SiteOwner on a best efforts basis and the SiteOwner makes no guarantee, undertaking or representation of any kind that an Employer will successfully fill any vacancy that is listed on the Website or that a JobSeeker will be offered any employment as a result of responding to any vacancies listed on the Website.

An Employer or a JobSeeker who makes a purchase on the Website are entitled to a refund under certain circumstances as provided by Australian Consumer Law. As the SiteOwner supplies Services and not tangible product on the Website, an Employer or a JobSeeker who have made a purchase on the Website are only entitled to a refund in the following circumstances:

a)         the SiteOwner has not exercise reasonable due care and skill in providing the Services;

b)         the Services offered are not fit for the purpose for which they are offered; and

c)         the Services are not delivered within a reasonable time.

If you do wish to make a claim for such a refund, you must give the SiteOwner a written notice requesting a refund stating the reasons for seeking the refund. On receipt of your written notice, the refund claim will be processed within fourteen (14) days and the payment(s) will only be refunded if  in the sole opinion of the SiteOwner such a refund is merited  and a refund will only be made to the source from which the claimant’s payment originated unless the SiteOwner decides otherwise in its sole and absolute discretion.

10.       Obligations Of Users

10.1     With the exception of social media sharing purposes using the features provided on the Website, Users are bound not to distribute, modify, recreate, reverse engineer, create derivative works from, transfer, or sell any information obtained from us. With the SiteOwner’s prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted under any circumstances.

10.2     Users agree not to access (or attempt to access) the Website or Services by any means other than through the interface that is provided by the Website. Use by any User, whether directly or indirectly, of spiders, robots, deep-links or other software, algorithms, automatic devices or other methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or content on the Website, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any content on the Website, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website is expressly prohibited.

10.3     The SiteOwner has no obligation, to monitor the usage of the accounts of Registered Users who shall at all times and for all purposes YOU REMAIN SOLELY RESPONSIBLE FOR THE USAGE OF their accounts.         

10.4     Users shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services.

10.5     It shall be a violation of this TOC to use any information obtained from the Website in order to harass, abuse, or harm another person. The SiteOwner can (and you hereby expressly authorise the SiteOwner to) disclose any information about Users to law enforcement or other government officials as the SiteOwner, in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury or which involve persons under the age of 18. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.

10.6     TheSiteOwner no obligation to monitor the materials posted on the Website and shall have the right to remove or edit any content that its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of this TOC. Notwithstanding this right, USERS REMAIN SOLELY RESPONSIBLE FOR ANY CONTENT OR MATERIALS POSTED ON THE WEBSITE THROUGH THEIR ACCOUNT. In no event shall the SiteOwner assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on the Website. The User hereby represents and warrant that he/she/it has all necessary rights in and to all content which they provide, and all information it contains, and that such content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortuous, or otherwise unlawful information.

11.       Disclaimer Of Warranties And Liabilities

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAWS, USERS EXPRESSLY AGREE THAT THE PRINCILE OF ‘CAVEAT EMPTOR’ SHALL APPLY IN EVERY RESPECT AND TO EVERY PART OF THE WEBSITE AND THE ENTIRETY OF ITS CONTENT FROM TIME TO TIME AND THIS TOC.

THE SERVICES, CONTENT AND OTHER MATERIALS ARE PROVIDED ON THE WEBSITE IS ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR PURPOSE, AS TO MERCHANTABILITY OF ANY ITEM OR SERVICE, AS TO TITLE AND USERS USES THE SERVICES AND  THE WEBSITE ENTIRELY AT HIS/HER/ITS OWN RISK AND  THE SITEOWNER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED, ANY IMPLIED WARRANTY OR REPRESENTATION AS TO FITNESS FOR PURPOSE, MERCHANTABILITY OR ANY OTHER WARRANTY OR REPRESENTATION THAT MAY ARISE IN ANY JURISDICTION THROUGH THE OPERATION OF LAW AND ANY WARRANTIES AND/OR REPRESENTATION IN RESPECT OF BUT NOT LIMITED TO THE FOLLOWING ARE EXPRESSLY DENIED BY THE SITEOWNER:

a)                   YOUR PURPOSE(S) IN VISITING THE WEBSITE WILL BE MET, IN FULL OR IN PART;

b)                  THAT THE SERVICES PROVIDED BY THE SITEOWNER WILL IN ANY WAY BE UNINTERRUPTED, SECURE OR ERROR-FREE OR THAT THEY WILL BE PROVIDED IN ACCORDANCE WITH ANY INDICATED SCHEDULE;

c)         THAT ANY INFORMATION, RESULTS OR MATERIAL SECURED BY THE USER ON OR THROUGH THE WEBSITE WILL IN ANY WAY BE RELIABLE, ERROR FREE OR EFFECTIVE;

d)         THAT THE SITEOWNER WILL PROVIDE MAINTENANCE AND/OR UPDATES IN RESPECT OF ANY ERRORS OR DEFECTS IN THE WEBSITE OR ANY OTHER SUPPORT OR MAINTENANCE;

e)         THE SERVICE AND/OR THE WEBSITE IS IN ANY WAY LEGAL FOR USE IN THE JURISDICTION OF ANY USER;

f)         THE WEBSITE WILL FUNCTION ON A CONTINUOUS BASIS WITHOUT ANY INTERRUPTION OF ACCESS TO ANY PART OF THE WEBSITE;

g)         THAT ANY ITEM SAVED BY A USER ON THE SITEOWNER’S SERVER SHALL CONTINUE TO BE AVAILABLE TO THE USER ON A CONTINUOUS BASIS OR THAT IT WILL BE RETAINED FOR ANY GIVEN PERIOD OF TIME AND SUCH SHALL INCLUDE, BUT NOT LIMITED TO, INFORMATION OF ANY KIND, DATA, VIDEOS, IMAGES, SOFTWARE OF ANY TYPE OR OTHER INFORMATION OR ITEM  OF WHATEVER NATURE SAVED BY THE USER;

h)         IN RESPECT OF ANY CONTENT, IN WHOLE OR IN PART, OF ANY THIRD PARTY WEBSITE AND/OR SOCIAL MEDIA PLATFORM THAT MAY BE LINKED, REFERENCED, ADVERTISED OR PROMOTED IN ANY WAY WHATSOEVER ON THE WEBSITE;

i)          ANY PRODUCTS OR SERVICES ADVERTISED BY ANY THIRD PARTY ON THE WEBSITE;

j)          ANY INJURY A USER MAY SUFFER, WHETHER TO PERSON, PROPERTY OR OTHER LOSS OF ANY TYPE WHATSOEVER AS A RESULT OF VISITING OR USING THE WEBSITE IN ANY WAY WHATSOEVER AND/OR RELYING ON AND/OR TAKING ACTION ON ANY ITEM, INCLUDING BUT NOT LIMITED TO ANY, INFORMATION, IMAGE, VIDEO, SOFTWARE, FOUND ON THE WEBSITE IRRESPECTIVE OF WHETHER SUCH ITEM WAS POSTED BY THE SITEOWNER, OTHER USERS OR SOME UNAUTHORISED THIRD PARTY;

k)         ANY LOSS OF ANY ITEM, INCLUDING BUT NOT LIMITED TO ANY PERSONAL AND/OR CONFIDENTIAL INFORMATION, IMAGES, VIDEOS OR SOFTWARE, AS A RESULT OF ANY UNAUTHORIZED ACCESS OF A USER’S ACCOUNT AND/OR THE SITEOWNER’S SERVERS;

l)          ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, TRACKERS AND OTHERS OF THE LIKE THAT MAY BE TRANSMITTED AND/OR DOWNLOADED TO DEVICE(S) OF USERS FROM AND/OR THROUGH THE WEBSITE AND/OR THE SITEOWNER’S SERVERS; AND

m)        ANY INTERRUPTION AND/OR DISRUPTION OF ANY TRANSMISSION OF ANY INFORMATION OF WHATEVER NATURE, IMAGES, VIDEOS, SOFTWARE FROM THE WEBSITE AND/OR THROUGH THE WEBSITE.

THE SITEOWNER SHALL HAVE NO LIABILITY WHATSOEVER IN RESPECT OF THE FOREGOING AND IN RESPECT OF ANY ITEM NOT EXPRESSLY STATED HEREIN AND WHICH IS A PART OF THE WEBSITE IN ANY WAY AND SUCH LIABILITY IS EXCLUDED BY THE SITEOWNER TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAWS AND SUCH EXCLUSION SHALL APPLY WHETHER ANY RIGHT OF A USER ARISES OUT OF INTELLECTUAL PROPERTY RIGHTS, PRIVACY, PUBLICITY, OR OTHER LAWS. THE WEBSITE ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY CONTENT OF THE USER, WHETHER POSTED BY THE USER OR SOME THIRD PARTY.

BY CONTINUING TO USE THE WEBSITE, THE USER EXPRESSLY INDICATES THAT HE/SHE/IT UNDERSTANDS AND AGREES THAT ANY AND ALL MATERIAL OR DATA DOWNLOADED OR OTHERWISE FOUND THROUGH THE WEBSITE IS DONE SO ENTIRELY AT THE USER’S OWN DISCRETION AND RISK AND THE WEBSITE AND THE SITEOWNER  ACCEPT NO LIABILITY WHATSOEVER FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION OF WHATEVER NATURE PROVIDED TO THE USER WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.

NO INFORMATION, IMAGES, GRAPHICS, VIDEOS (OF ANY TYPE) PROVIDED AND/OR POSTED ON THE WEBSITE BY THE SITEOWNER AND/OR ANY OTHER PARTY SHALL IN ANY WAY BE INTERPRETED AS THE GIVING OF ADVICE AND/OR A CALL TO ACTION.  ANY AND ALL POSTINGS ON THE WEBSITE ARE FOR INFORMATION PURPOSES ONLY AND USERS MUST EXERCISE THEIR OWN DISCRETION AS TO HOW THEY WISH TO USE SUCH INFORMATION. ANY ACTION TAKEN BY USERS AND/OR REFRAINED FROM TAKING ARE ENTIRELY AT THE USER’S DECISION AND ANY HARM, INJURY OR LOSS THE USER SUFFERS AS A RESULT IS ENTIRELY THE USER’S OWN RISK AND RESPONSIBILITY AND THE SITEOWNER SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY  FOR SUCH HARM, INJURY OR LOSS.

12.       Indemnification And Limitation Of Liability

THE USER HEREBY AGREES UNCONDITIONALLY AND IRREVOCABLY TO INDEMNIFY AND HOLD HARMLESS THE WEBSITE AND THE SITEOWNER, ITS SUCCESSORS AND ASSIGNS, AND ITS DIRECTORS, SHAREHOLDERS, OFFICERS AND EMPLOYEES FROM AND AGAINST ANY AND ALL ACTIONS BROUGHT BY ANY THIRD PARTY AND ANY ARISING LOSSES, LIABILITIES, COSTS AND OTHER EXPENSES OF WHATEVER NATURE, INCLUDING BUT NOT LIMITED TO, ATTORNEY FEES, WHERE SUCH ACTION ARISES FROM:

a)                   THE ACTIVITIES OF THE USER ON THE WEBSITE;

b)                  A VIOLATION BY THE USER OF ANY TERMS OF THE LICENSE GRANTED BY THE WEBSITE AND THE SITEOWNER;

c)                   CONTENT POSTED BY THE USER ON THE WEBSITE;

d)                  ANY CONTENT OR MATERIAL TRANSMITTED BY THE USER THROUGH THE SERVICE IN VIOLATION OF ANY LAWS AND/OR REGULATION OR INFRINGES THE RIGHTS OF ANY THIRD PARTY OR THEIR RIGHT TO PRIVACY; AND/OR

e)               A BREACH OF ANY OF THE TERMS AND CONDITIONS OF ANY THIRD-PARTY WEBSITE TO WHICH THE USER IS REDIRECTED TO THROUGH A LINK PROVIDED BY THE WEBSITE AND THE SITEOWNER.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS TOC, THE USER EXPRESSLY AGREES THAT THE LIMIT OF  THE WEBSITE’S AND THE SITEOWNER’S LIABILITY TO THE USER IN ANY DISPUTE SHALL BE THE VALUE OF ANY PURCHASE MADE BY THE USER THROUGH THE USE OF THE SERVICES AND IF NO PURCHASE IS MADE , LIABILITY SHALL BE LIMITED TO $1.00.  THE USER EXPRESSLY ACKNOWLEDGES THAT  THE WEBSITE AND THE SITEOWNER SHALL NOT BE LIABLE TO HIM/HER/IT IN RESPECT FOR ANY OTHER  LOSS OR HARM, ECONOMIC OR OTHERWISE, HOWEVER SUFFERED, INCLUDING BUT NOT LIMITED TO ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL , SPECIAL OR  PUNITIVE DAMAGES FOR ANY PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE AND/OR PROFITS, LOSS OF SAVINGS, LOSS OF GOODWILL AND/OR REPUTATION, LOSS OF DATA AND/OR INFORMATION OF ANY TYPE, BREACH OF CONTRACT, NEGLIGENCE OF ANY NATURE AND FURTHER, THE USER EXPRESSLY AGREES THAT  THE WEBSITE AND THE SITEOWNER SHALL NOT BE LIABLE TO HIM/HER/IT FOR ANY EQUITABLE AND/OR LIQUIDATED DAMAGES OF WHATEVER NATURE FOR ANY LOSS HOWSOEVER ARISING.  THE USER EXPRESSLY ACKNOWLEDGES THAT THE EXCLUSION OF LIABILITY BY THE WEBSITE AND THE SITEOWNER FORMS A FOUNDATION OF THE BASIS ON WHICH THE WEBSITE AND THE SITEOWNER GRANTS YOU A LICENCE TO USE THE WEBSITE ON THE TERMS AND CONDITIONS SET OUT IN THE TOC. IF THE USER IS IN ANY WAY DISSATISFIED WITH THE WEBSITE’S AND THE SITEOWNER’S LIMITATION OF LIABILITY AS EXPRESSED IN THIS CLAUSE SPECIFICALLY AND THIS TOC GENERALLY, THE USER MUST IMMEDIATELY TERMINATE HIS/HER/ITS ACCOUNT AND STOP USING THE SERVICES AND THE WEBSITE.

13.       Hosting Of Third Party Information

            The Website may from time to time host information provided by third parties that is intended for informational purposes only. The SiteOwner is in no way responsible to Users for the accuracy and legitimacy of the information so hosted. The SiteOwner will use take reasonable care to ensure such accuracy but, Users agree to not hold the SiteOwner liable for the falsification of any such provided information nor for the negligence of the third party in preparing the posting. The User is responsible for evaluating the accuracy, completeness, and usefulness of any opinion, advice or other content available through the Website or obtained from a linked site.

14.       Viruses

            The SiteOwner will make reasonable attempts to clear the Website of viruses and worms but cannot ensure that the Website will be at all times free from viruses, worms, malware, extortion ware or other destructive software or software of a criminal nature. Users are urged to take appropriate safeguards before downloading any information from the Website. We accept no responsibility for any damage to computer equipment, data storage devices, data, images, videos, software or other property of Users which may result from use of the Website or downloading anything from the Website.

15.       Communications

The Registered User expressly and irrevocably agrees to receive communications in any form whatsoever from the SiteOwner in relation to the Services, the Website, orders, offers, promotions and marketing materials from the SiteOwner. The User may opt out of receiving marketing material at any time by giving written notice to the SiteOwner by way of an email directed to admin@jobseakers.com. Your email should give details of the email address you wish to have removed from our database and should state clearly that you are the registered owner of the email address in question. You must also provide us with your street address and telephone number so that we can manually confirm your identity. Your details will be deleted from our marketing database as soon as the identity verification is completed.

16.       Disclosure Of Identity To Copyright Claimants

The SiteOwner at all times retains the right to disclose your identity to any third party who claims that you have violated their rights and or intellectual property or their right to privacy by posting the said information or other material provided always that any party making such a claim shall provide the SiteOwner with sufficient information and evidence supporting their claim and the sufficiency of such information and evidence shall at all times be at the sole and absolute discretion of the SiteOwner.

17.       License To Use The Service

17.1     Subject to the terms and conditions set our herein, the SiteOwner hereby grants Registered Users over the age of 16 a license to use the Services and the Website purely for the purpose of posting employment vacancies and applying for such vacancies and directly related activities. The license granted by the SiteOwner to Registered Users is non-exclusive and limited in nature and is personal to Registered Users and shall not in any circumstances be transferable in any way. Aside from this limited license Users shall not under any circumstances be entitled to any other use of the Services and/or the Website.

17.2     Subject to Clause 17.1, the Registered User shall not use the Services and the Website for any commercial use,  sexual or racial harassment, bullying, immoral use, illegal use (in any jurisdiction), conspiracy to commit crimes and/or acts of terrorism, gambling or any other use which the SiteOwner shall in its absolute discretion deem to be nefarious, obnoxious or objectionable or which could render  the SiteOwner in danger of criminal and or civil liability in any jurisdiction and/or which could damage the reputation of  the SiteOwner or its commercial and economic viability.

17.3     the SiteOwner makes no grant of any implied license or other implied rights of any kind whatsoever for the use of the Services and the Website, whether temporary or permanent.

18.       Term Of License And Termination

18.1     The term of the License commences at the time the User starts to use the Website on each visit and the License shall continue until such time that the User exits the Website or the SiteOwner otherwise terminates the License at it sole and absolute discretion.

 18.2    The SiteOwner may at any time and at its absolute and sole discretion terminate or suspend the account of a Registered User if in the opinion of  the SiteOwner the Registered User has breached any term of this TOC and/or whose conduct has brought disrepute to  the SiteOwner or has in any way harmed the business and/or the goodwill of  the SiteOwner and  the SiteOwner shall be under no obligation whatsoever to provide the Registered User with an explanation for such termination and/or suspension but may do so as a matter of courtesy.

The termination and/or cancellation shall be effective immediately on sending notice of its decision to the Registered User at the last provided email address by the Registered User. Upon such termination and/or suspension, the SiteOwner shall be at liberty to recover from the Registered User damages in respect of any conduct and/or actions by the Registered User leading to the termination and/or suspension.

On termination of the account of the Registered User, any information, images, videos or other content of whatever nature shall no longer be accessible to the Registered User in any way and  the SiteOwner shall not be liable to the Registered User in any way whatsoever for the inaccessibility and/or loss of all such information.

On termination of the account, the Registered User hereby expressly agrees not to register or attempt to register for another account on the Website.

19.       Content Posted By Users On The Website

Users hereby warrant to the SiteOwner as follows:

a)                   That the SiteOwner will not be required to pay any royalties in respect of any of the User’s content and will not need to seek any licenses, approvals or consents from any party in respect of the contents.

b)                  That the contents do not contain any of the information prohibited this TOC;

c)                   The content posted by the User does not infringe any third-party rights, their intellectual property or their right to privacy; and

d)                  The content posted by the User conforms and complies with all the laws of the User’s jurisdiction.

20.       Security Of The Website And Risk

The SiteOwner does not in any way, expressly or otherwise, guarantee the security of the Website to the User and does not undertake or warrant to the Registered User that his/her account will not be accessed by a third party and the Registered User shall at all times be responsible for the security of his/her/its information and bear the risk associated with such information being accessed by a third party.

21.       Disputes

In the event of any dispute between the SiteOwner and the User, both parties hereby expressly and irrevocably agree that such dispute shall be settled exclusively by way of arbitration and that they shall jointly agree to appoint an arbiter located in Australia for this purpose. In the event that the SiteOwner and the User are unable to decide on a mutually acceptable arbiter, the selection of the arbiter shall be made by the President/Chairman for the time being of the Chartered Institute of Arbitrators Australia:

The basis of the arbitration shall be based on the laws and regulations relating to arbitration that shall be effective from time to time in Australia unless agreed to in writing otherwise by the SiteOwner and the  User and it is expressly agreed that the arbitration laws and regulations in any and all other jurisdictions is/are expressly excluded.

The decision of the arbitrator shall be final and binding on  the SiteOwner and the User provided always that the arbitrator shall not make any decision or award that would change, cancel, rescind any provision of this TOC and any decision or award shall be consistent with provisions and intent of this TOC.

In any event, a User shall not be at liberty to raise any dispute in respect of any order until the lapse of thirty (30) clear days from the placement of the order.

All information relating to any disputes between the SiteOwner and the User, whether in arbitration or not, shall be confidential and the parties shall not disclose such information to any third party on any basis except as specifically required by the arbitration proceedings.

22.       Assignments 

The User shall not assign its rights and obligations under the TOC without the express prior written consent of the SiteOwner.

23.       Waivers

Any waivers and/or indulgences extended by SiteOwner to Users shall not prejudice and/or restrict the rights and remedies of the SiteOwner and no waiver in respect of any breach shall operate as a waiver in respect of any subsequent breach. Any failure or delay by  the SiteOwner in  exercising any accrued right and/or remedy shall not operate as a waiver, implied or otherwise,  of such right or remedy, nor shall any singular or partial exercise or waiver of any right and/or remedy shall prejudice its further exercise or the exercise of any other right and/or remedy.

24.       Severability

If any part or parts of this TOC is found to be unenforceable or invalid by any court of competent jurisdiction, such term or terms shall be severed from the TOC as if they had not been included in the TOC from its inception and the remaining terms shall continue to be enforceable and valid.

25.       Remedies

 The Site Owner’s rights and remedies pursuant to this TOC are cumulative and not exclusive.

26.       Compliance

The SiteOwner shall at all times retain the right to monitor the access of Users to the Website to collect any data and information for the purpose of ensuring your compliance with the TOC and or the relevant laws or an order of a competent court or a government body.

27.       Disclosure Of The User’s Personal Information

27.1     The SiteOwner will not at any time disclose the personal information of the User except pursuant to a valid court order and/or search warrant. In such event, unless restrained otherwise by the court order and/or search warrant, the SiteOwner shall give written notice to the User of such disclosure of information and the circumstance thereof and such notice will be sent by email to the User’s last provided email address.

27.2     The SiteOwner shall at all times be at liberty to use your personal information in anonymous form for the purpose analysing the performance of the Website and such analysis may be carried out by a third-party contractor. In such circumstances, the third party shall only receive your data in anonymous form and shall be under a contractual obligation not to make any unauthorised use of your personal information or to disclose the said personal information to any other party except with the prior written permission of the SiteOwner and such permission shall only be given if the participation of a further party is required to complete the analysis required by the SiteOwner and such further third party shall also be under a contractual obligation not to disclose your personal information or to make any unauthorised used thereof.

28.       Mergers And Acquisitions

In the event that  the SiteOwner and/or its assets, including but not limited to, the Services  and the Website and all intellectual property relating thereto, are purchased by a third party, in whole or in part,  the SiteOwner shall at all times retain the right to transfer the personal details of Users and all information relating to and/or provided by Users to the Buyer.

29.       Third Party Websites And Applications

In order to enhance its service, the SiteOwner may provide links to services provided by third parties on their respective application and websites. For the sake of clarity, it is expressly stated that the SiteOwner has no control or influence on the operation and/or content of these third party application and websites. Accordingly, Users who elect to follow these links do so absolutely at their own risk. If you follow such links, it is important that you read the Terms and Conditions and Privacy Policy of such application and websites.

In using the Website, Users may elect to connect their account with one or more of your social media accounts through applications provided by such social media organizations. You should be aware that such applications may gather information about you, your use of the Website, your profile and your content. If you make such connections to your account, you expressly agree to the following:

a)                   Connections to such application are made entirely at your own risk and you will hold the SiteOwner and all its stakeholders harmless against any loss, economic or otherwise that you may suffer;

b)                  That you will indemnify the SiteOwner against any loss that it might suffer as a result of you making connections to such applications;

c)                   You consent to the sharing of any and all information that such applications may harvest on you;

 

and this TOC does not in any way whatsoever create or bestow any rights and/or benefits in favour of any third party.

30.       Third Party Intellectual Property And Copyright Claims

The SiteOwner respects the intellectual property of all third parties and all Users of the Website and the Services are required to do the same. Users shall ensure at all times that they do not infringe upon the intellectual property and copyright of any third party.

In the event that the SiteOwner discovers that Users have made use of third party intellectual property and/or copyright without the necessary consents, the SiteOwner will take all such steps as are necessary to remove the offending items from its servers in accordance with the DMCA.  the SiteOwner will also remove the offending items if it receives a DMCA Takedown Notice or is otherwise notified in writing together with the details of the claim to the intellectual property and/or copyright.  The SiteOwner may at its absolute discretion terminate the account of a Registered User if the non-authorised use of third party intellectual property and/or copyright is repeated.

31.       Advertising

            The SiteOwner may from time to time feature advertising on the Website and such advertising may feature links to third party websites. If you follow such links, you do so absolutely at your own risk and you shall hold the SiteOwner and all its stakeholders harmless against any loss, economic or otherwise that you may suffer as a result of following such links. The manner, placement and nature of the advertising shall be at the absolute discretion of  the SiteOwner and it may change from time to time and  the SiteOwner may not specifically identify paid and sponsored content and placements to you and you expressly consent to the presence of such advertising.

32.       Request To Delete Information

The Registered User may submit a request in writing at any time for private information to be removed from the SiteOwner’s database.  The SiteOwner shall process such written notification from the Registered User within thirty (30) clear days from the receipt of such notice provided always that all Order IDs and any personal details attached thereto will not under any circumstances be deleted, removed and/or amended in any way whatsoever. Your written request should be by way of an email directed to feedback@jobseakers.com.au  Your email should give details of the private information you wish to have removed and your full details and contact telephone number for identity verification purposes.

33.       Personal Injury Liability

The SiteOwner shall not in any way whatsoever be liable to any User who suffers any personal injury of whatever nature as a result of using the Services and/or the Website. In particular, but limited to, the SiteOwner shall have no liability of whatever nature to any User who secures any employment through the use of the Services and suffers injury, disability of any kind or death from and.or during the pursuit of such employment.

34.       Cookies

The SiteOwner collects information about visitors to the Website through the use of Cookies. For information on the SiteOwner’s policies relating to the use of cookies, please view the SiteOwner’s Privacy and Cookies Policy.

35.       Uptime

The SiteOwner provides access to the Website on a best efforts basis. The SiteOwner does not in any way, expressly or impliedly, represent or undertake to Users that the Website will be online at all times. In the event that the Website goes offline for any reason whatsoever, the SiteOwner shall not in any way be liable to a User for any losses and/or damages suffered or incurred by the User as a result of the Website being offline.

35.       Privacy and Cookies Policy

In the course of a User’s use of the Services and the Website, we collect information on Users. Some of this information is personally identifiable information relating to your identity, for example the information you provide us when you register an account on the Website. This information is captured, processed and stored in accordance with our Privacy and Cookies Policy Our Privacy and Cookies Policy forms an integral part of this TOC and the two documents should be read in conjunction with each other. By using the Services and the Website you expressly agree to the SiteOwner collecting and processing personal information on you.      

36.       Governing Law

This TOC shall be governed solely by the laws of Australia. The laws and regulations of any other jurisdictions are expressly excluded notwithstanding that the Users may be resident in jurisdictions other than Australia.

37.       Use Outside Jurisdiction

38.1     The Website and the Services are for all purposes domiciled in Australia. The SiteOwner does not grant access to the Website and the Services to any Users who are located in any jurisdictions where it would not be legal, whether by national or international law, for the use of the Website and the Services.

38.2     If you are located outside of Australia the Website and the Services may not be suitable for you and the SiteOwner makes no representations in this respect. The onus shall be on Users to determine whether they are entitled to access the Website and the Services from their respective jurisdictions.

38.3     In using the Website and/or the Services, Users represent to the SiteOwner that they made the necessary checks to determine that they are entitled to use the Website and/or the Services in their respective jurisdictions.

38.       Successors And Assigns

This TOC and the agreement within it in respect of the terms and conditions set out herein shall be binding on and shall enure to the benefit of both parties and their respective successors and, heirs, executors and permitted assigns.

39.       Notices

Users hereby expressly consents to receiving any and all notices from  the SiteOwner by electronic means and  the SiteOwner shall give notices to Users by means of an email addressed to the  User at the last email address provided by the User to  the SiteOwner and/or posting a notice on the Website. Support inquiries can be sent to  the SiteOwner at feedback@jobseakers.com.auand notices of a legal nature may be sent to  the SiteOwner at feedback@jobseakers.com.au.

40.       Modifications And Amendments TOC

The SiteOwner reserves the right to modify and amend the TOC as it sees fit and at its absolute discretion and such amendments and modification shall become effective immediately on the new TOC being posted on the Website. Any use by Users of the Services and the Website after any modification or amendment of the TOC is effective shall be taken as an express agreement by Users to the amended TOC. It shall be the sole responsibility of Users to review the TOC posted on the Website from time to time to review any modifications and amendments and the User expressly acknowledges and accepts such responsibility. If Users do not agree to the modifications and amendments, Registered Users should immediately stop and refrain use of the Services, the Website and Registered Users should immediately cancel his/her/its account.

41.       Entire Agreement

This TOC represents and constitutes the entire understanding and relationship between the SiteOwner and the User and it supersedes any and all prior understandings and undertakings between them.

42.       Interpretation

Headings in this TOC are for convenience only and shall not be used in the interpretation of any provision or terms of this TOC.

43.       Contact

You may contact  the SiteOwner for any purposes at feedback@jobseakers.com.au

44.       Effective Date

            This TOC is effective from 24th September, 2020 and shall remain in effect until such time it is  superseded.

ADDITIONAL TERMS AND CONDITIONS FOR EMPLOYERS

In addition to the General Terms and Conditions, Employers shall be subject to the additional terms and conditions stated below.

To the maximum extent allowed by applicable laws, Employers expressly agrees that the principle of ‘caveat emptor’ shall apply in every respect throughout the Website.

1.         Profile

 The Employer shall be exclusively responsible for the entire content of his/her/its profile on the Website. To assist JobSeekers with determining suitability of a vacant position, the Employer must give a complete and accurate account of the position they are seeking fill through the use of the Services. In completing his/her/its profile, the Employer warrants and undertakes to the SiteOwner that all the information set out in the profile is truthful and accurate and relates directly to the Employer, in particular, but not limited to, information  about the Employer and the position they are seeking to fill, the qualities and job experience they are seeking in potential candidates and the broad terms of employment that will be offered to the successful candidate.

2.         Content Of Job Listings

All job listings on the Website are posted by the Employers and the SiteOwner has no input as to the contents of the job listings. Accordingly, the SiteOwner accepts no responsibility for the contents of job listings and the Employer hereby expressly agrees, warrants and undertakes that:

a)    They use the Website entirely at their own risk for all purposes and the SiteOwner makes no representations and/or undertakings that any information posted by the Employer as part of any job posting is in any way accurate and the Site Owner takes no responsibility for any inaccurate or false information provided by the Employer;

b)                  They shall at all times and for all purposes be responsible for the content of their profile and all information posted by the Employer on his/her/its profile and the SiteOwner shall not in any way be responsible for the content of the Employer’s profile or any information provided by the JobSeeker therein;

c)                   The terms of employment are a matter to be entirely negotiated between the Employer and the JobSeeker and the SiteOwner shall not in any way be responsible in any manner whatsoever in respect thereof;

d)                  The employment and the terms of employment shall at all times be in compliance with the laws and regulations of Australia, both Federal and State, including but not limited to laws and regulations relating to race discrimination, sex discrimination, anti-slavery;

e)                   The SiteOwner shall be at liberty to suspend the Employer’s account if the SiteOwner becomes aware that any information posted by the JobSeeker is untrue or inaccurate and the SiteOwner may keep the account suspended until such time as the inaccuracy of the posted information is rectified. If the Employer fails to correct the information within seven (7) days of be requested to do by the SiteOwner in writing, the SiteOwner shall be at liberty to terminate the account of the Employer without further reference to the Employer and the Employer shall not be entitled to any refund of any fees paid to the SiteOwner and/or the purchase price of any plans purchased on the Website;

f)                   They will be responsible for the content of all communications sent to JobSeeker through their account.

3.         Verification

            The SiteOwner at all times reserves the absolute right to require the Employer to submits such documents as it deems appropriate in order to verify the identity of the Employer and any and all details provided by the Employer, including but not limited to the address and communication details of the Employer.

4.         Own Verification Of The Jobseeker

When dealing with any Jobseeker, the Employer shall at all times be responsible for their own personal and financial safety. In accepting a JobSeeker for an interview and/or position, the SiteOwner makes no representations, warranties and undertakings as to the JobSeeker, the JobSeeker’s profile or any other matter relating to a JobSeeker and the SiteOwner expressly states that it has conducted no background or other checks in relation to any JobSeeker making an application for a position on the Website.

ADDITIONAL TERMS AND CONDITIONS FOR JOBSEEKRS

In addition to the General Terms and Conditions, JobSeekers shall be subject to the additional terms and conditions stated below.To the maximum extent allowed by applicable laws, the JobSeeker expressly agrees that the principle of ‘caveat emptor’ shall apply in every respect.

1.         Profile

            The JobSeeker shall be exclusively responsible for the entire content of his/her profile on the Website. To assist Employers with determining suitability of a candidate for a position, JobSeekers must give a complete and accurate account of their background. In completing his/her profile, the JobSeeker warrants and undertakes to the SiteOwner that all the information set out in the profile is truthful and accurate and relates directly to the JobSeeker. In particular, but not limited to, the qualifications, employment history and job experience stated in the profile is truthful and verifiable by readily available documentary evidence.

2.         Content Of Job Listings

All job listings on the Website are posted by the Employers and the SiteOwner has no input as to the contents of the job listings. Accordingly, the SiteOwner accepts no responsibility for the contents of job listings and JobSeekers hereby expressly agrees and acknowledges that:

a)       They use the Website entirely at their own risk for all purposes and the SiteOwner makes no representations and/or undertakings that any information posted by the Employer as part of any job posting is in any way accurate and the Site Owner takes no responsibility for any inaccurate or false information provided by the Employer;

b)                  They shall at all times and for all purposes be responsible for the content of their profile and all information posted by the JobSeeker on his/her profile and the SiteOwner shall not in any way be responsible for the content of the JobSeeker’s profile or any information provided by the JobSeeker therein;

c)                   The SiteOwner makes no representations to them as to the content of job postings, the jobs on offer, of the Employer;

d)                  The SiteOwner does not in any way screen or edit job postings by Employers;

e)                   The JobSeeker shall be entirely responsible for the content of the CV generated by the Website based on the information provided by the JobSeeker;

f)                   The SiteOwner shall not be responsible for any injury and/or damages suffered/incurred by the JobSeeker as a result of using the Website and/or taking up employment with any Employer as a result of using the Website;

g)                  The terms of employment are a matter to be entirely negotiated between the Employer and the JobSeeker and the SiteOwner makes no representations in respect of the terms of employment offered by Employers;

h)                  The SiteOwner shall not be responsible if the JobSeeker makes any payment of money to the Employer for any reason whatsoever with a view to securing employment with the Employer;

i)                    The SiteOwner does not guarantee that any job posting shall continue to be available at all times and the SiteOwner shall not in any way be responsible for the failure of an Employer to update the availability status of any job that they have posted on the Website.

j)                    The SiteOwner shall be at liberty to suspend the JobSeeker’s account if the SiteOwner becomes aware that any information posted by the JobSeeker is untrue or inaccurate and the SiteOwner may keep the account suspended until such time as the inaccuracy of the posted information is rectified. If the JobSeeker fails to correct the information within seven (7) days of be requested to do by the SiteOwner in writing, the SiteOwner shall be at liberty to terminate the account of the JobSeeker without further reference to the JobSeeker and the JobSeeker shall not be entitled to any refund of may fees paid to the SiteOwner.

k)                  The SiteOwner does not in any way guarantee or undertake that the Employer will take into consideration the application of the JobSeeker when deciding on the successful applicant for the job posting.

3.         Job Applications And Personal Data

            The JobSeeker expressly agrees that all job applications submitted by him/her shall be made at his/her volition and the JobSeeker expressly agrees to the inclusion of his/her Personal Data being transmitted by the Website to the Employer and the Website transmits such Personal Data to the Employer entirely on behalf of the JobSeeker for the purpose of allowing the Employer to assess the suitability of the JobSeeker in relation to the position posted by the Employer on the Website and any such Personal Data shall be subject to the Privacy and Cookies Policy of the Website. The SiteOwner provides various privacy setting for JobSeekers to select the level of Personal Data they wish to disclose to an Employer. In the event that the privacy settings provided by the SiteOwner are considered insufficient by the JobSeeker for any reason, the JobSeeker must immediately cease to use the Website and refrain from submitting applications for any positions posted.

4.         Own Verification Of The Employer

a)         When dealing with any Employer, the JobSeeker shall at all times be responsible for their own personal and financial safety. In accepting an Employer’s posting for a position to be filled, the SiteOwner makes no representations, warranties and undertakings as to the Employer, the Employer’s posting or any other matter relating to an Employer and the SiteOwner expressly states that it has conducted no background or other checks in relation to any Employer making a posting on the Website.

b)         The JobSeeker shall for themselves take all reasonable steps as are necessary to verify the veracity of the Employer and the content of the Employer’s posting in relation to the Employer and the position being filled by the Employer and the proposed terms of employment.

c)         The SiteOwner makes no representation, warranty or undertaking to the JobSeeker that the posting made by an Employer in respect of any position and the terms of employment offered by an Employer are in compliance with the relevant laws of Australia and/or any other relevant jurisdiction.

5.         Remitting Funds To An Employer

            JobSeekers are strongly discouraged from remitting any funds to an Employer for any purpose whatsoever and the SiteOwner does not in any way condone the making of such remittances. In the event  that a JobSeeker makes a remittance of funds to an Employer, he/she does expressly agrees that such remittance shall be entirely at their own risk and the JobSeeker hereby expressly agrees to absolve the SiteOwner of any responsibility for any loss or damage suffered by the JobSeeker as a result of making such a remittance to an Employer and the JobSeeker hereby expressly agrees that he/she shall not attempt to make any claims against the Employer in respect of any remittances made by the JobSeeker to an Employer.

6.         Interviews

a)         Before agreeing to an interview with an Employers, whether in person or virtual, the JobSeeker should conduct all such background checks on an Employer to ensure their own personal and financial safety and the SiteOwner accepts no responsibility whatsoever in respect of any personal injury, loss  and/or damage suffered by the JobSeeker as a result of attending an interview with an Employer.

b)         The SiteOwner shall not be responsible for any Personal Data disclosed by the JobSeeker to an Employer during the course of an interview, whether in person or virtual and the SiteOwner expressly excludes any and all liability for any loss or damage that may be suffered by the JobSeeker as a result of disclosing such information to an Employer.

7.         Information And Services Provided By The SiteOwner  

a)         From time to time the SiteOwner may provide information on the Website relating, directly or indirectly, to employment matters in general and the Maritime industry in particular. Any such information provided by the SiteOwner shall be on a ‘best efforts’ basis only and the SiteOwner makes no representations, warranties or undertaking as to the accuracy or truthfulness of such information. JobSeekers are required to conduct their own due diligence to assess the accuracy or truthfulness of such information before relying on it for any purpose.

b)         The SiteOwner may from time to time provide links to third party websites which provide information and/or services relating to employment in general and the Maritime industry in particular. Such third parties are not employees or agents of the SiteOwner and the SiteOwner makes no representations, warranties or undertaking in relation to any such third parties and/or the information or services they may offer. The SiteOwner may or may not receive compensation for such third parties for directing traffic to their websites

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