Terms & Conditions

Use of the following websites is governed by the following Terms and Conditions, the Privacy Policy and all notices and disclaimers appearing on such websites from time to time. Current as 20th January 2009

By accessing any of the sites (the “sites” or “site”), you agree to be bound by the Terms & Conditions. Information on our web sites and in any of our publications should not be regarded as a substitute for professional, legal or financial advice.

Recruitment Directory Pty Ltd, ABN 21 123 166 898 (“Recruitment Directory”) and its related entities responsible for maintaining our web sites and all our publications and its directors, officers and agents believe that all information contained within them is correct.

However, no warranty is made as to the accuracy or reliability of the information contained therein and our related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by any recipient through relying on anything contained in or omitted from our web sites or publications.

THIRD PARTY LINKS AND ADVERTISING

Our web sites often include advertisements, hyperlinks and pointers to web sites operated by third parties. Those third party web sites do not form part of our web sites and are not under the control of or the responsibility of us or our related entities. When you link to those web sites you leave our web site and do so entirely at your own risk. A display of advertising does not imply an endorsement or recommendation by us or our related entities.

POLICY FOR LINKING TO OUR WEBSITE

Hyperlinks enhance the user’s experience by providing easy access to additional information or original source material, whether on the same site or from an external source. For this reason, we value the use of hyperlinks in our content. However, in using hyperlinks, we:

• Attribute the original source of the hyperlink where it points to third party content.
• Do not claim ownership or rights to content belonging to other parties.
  

We ask that you observe similar practices when linking to our content. You should be aware that if you do not do this, this may be in breach of our rights or the rights of our licensors or other third parties.

Please do:

• Link to our content directly. We encourage direct links.
• Comply with all copyright, trade mark or other applicable laws.
• Use the title or headline of the content to which you are linking, as long as you link directly to that content.
  

Please do not:

• Attribute a link to our content as being a link to your own or someone else’s content (for example, use your own logo to link to our content).
• Attribute a link to our site and then link somewhere else.
• Frame our content in such a way as to present it as your own or as belonging to anyone other than us or our licensors.

LIMITATION OF LIABILITY

Certain rights and remedies may be available under the Trade Practices Act 1974 or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, we and our related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to: the re-supply of services or payment of the cost of re-supply of services; or the replacement or repair of goods or payment of the cost of replacement or repair.

 

RSS FEEDS

By accessing our sites RSS feed you agree not use the RSS feed for commercial purposes. You must not republish our feed on a public website unless you have written permission from Recruitment Directory.

All our RSS content on your site must be accredited to Recruitment Directory, with a link placed to the original article. Use of our logo is not permitted.

All title, ownership rights and intellectual property rights of the content contained in our RSS feeds shall remain the property of Recruitment Directory unless we have specified the content to another author.

Recruitment Directory provides the RSS feeds at no charge and you may not charge users specifically for accessing the feeds content, nor attempt to sell our content in any way.

Recruitment Directory reserves the right to restrict, suspend or terminate the RSS feed, your access to the RSS feed or this Agreement at any time, without liability.

You agree to remove all of the Recruitment Directory content (including the feed) upon receiving notice of termination from Recruitment Directory.

 

A. Advertiser Terms and Conditions

Before a person or organisation can place an advertisement on a website it is necessary to create an advertiser account with us. In submitting an application to create an advertiser account, the applicant agrees to the following terms and conditions which apply to a person or entity placing advertisements with us from time to time (an “Advertiser”):

1. Pay-as-you-go pricing plans are available to approved account holders only, in which case invoices must be paid within 14 days of issue. We may deliver to the Advertiser an invoice by email in accordance with the Advertiser registration details. In all other cases, payment is required to be made by credit card in order to complete the transaction by the secure payment facility via our website.


2. Advertisements posted by the Advertiser on a website are current for a period of 45 days (default) or a date specified by the Advertiser. After the date, they will be automatically archived. To reinstate an advertisement from archive will incur an additional fee for advertising.
   
   
3. Current advertising rates and other fees and charges can be accessed by contacting us and/or visiting the our websites. Unless otherwise specified, all rates are in Australian dollars and are exclusive of goods and services tax. The Advertiser must pay an additional amount on account of any applicable goods and services tax on a supply made to the Advertiser.
   
   
4. The Advertiser is responsible for proof reading and checking advertisements to be placed. If advertisements are incorrect following publication it is the Advertiser’s responsibility to contact us to make a correction. No refunds will be given and invoices remain payable despite any such inaccuracy, error or omission on the Advertiser’s part. The Advertiser acknowledges and agrees that we may re-format or edit an advertisement to comply with standard style or classification formats used byus from time to time.
   
   
5. Where the Advertiser does not have a registered office or principal place of business in Australia, We may require payment in advance before posting an advertisement on behalf of the Advertiser. For credit reasons we may also in its discretion require the Advertiser to pay prior to placement of the advertisement.
   
   
6. We reserves the right to charge interest on any overdue invoice at the rate of 1% per calendar month, calculated daily on each day such invoice remains overdue. We may also disable the Advertiser’s account, or remove the Advertiser’s listings from any one or more sites until such time as the overdue invoice and all applicable interest is paid.
   
   
7. The Advertiser warrants that the advertisement submitted by the Advertiser for publication and the advertisement as published (in either case, the “Advertisement”):
   
   
   • is in respect of a genuine position as described in the Advertisement and that this is the sole purpose of the Advertisement;
     
   • is not misleading or deceptive to potential candidates or other persons. In particular, the Advertiser warrants that the Advertisement and the Advertiser’s conduct in connection with the Advertisement is not liable to mislead persons seeking the employment as to the availability, nature, terms or conditions of, or any other matter relating to, the employment;
     
   • does not use discriminatory language or requirements;
     
   • does not contravene applicable anti-discrimination laws: including, without limitation, the Age Discrimination Act 2004 (Cth), the Disability Discrimination Act 1992 (Cth), the Human Rights and Equal Opportunity Commission Act 1986 (Cth), the Racial Discrimination Act 1975 (Cth), the Sex Discrimination Act 1984 (Cth), the Discrimination Act 1991 (ACT), the Anti-Discrimination Act 1977 (NSW), the Anti-Discrimination Act 1996 (NT), the Equal Opportunity Act 1984 (SA), the Anti-Discrimination Act 1998 (TAS), the Equal Opportunity Act 1995 (VIC) and the Equal Opportunity Act 1984 (WA) (“Anti-Discrimination Laws”);
     
   • will clearly state in the Advertisement if the Advertiser is relying upon an exemption under any applicable Anti-Discrimination Law in connection with the placement of such advertisement or recruiting for the position which is the subject of such Advertisement;
     
   • does not contain any material that could reasonably be considered to be defamatory or offensive;
     
   • does not infringe any intellectual property rights (including trade marks or copyright) of a third party.
     
     
8. We reserves the right to refuse to publish any Advertisement or to remove any Advertisement where it has been brought to our attention that there are reasonable grounds for suspecting that the Advertiser has breached any warranty contained in the Terms and Conditions. The Advertiser acknowledges that we are not under any duty to vet the content of the Advertisement as submitted and that the Advertiser is solely responsible for such content.
   
   
9. The Advertiser warrants that it has obtained all requisite internal approvals that may be required in connection with the Advertisement and the position that is the subject of the Advertisement before submitting an Advertisement to us.
   
   
10. The Advertiser warrants that it will not in connection with an Advertisement (including, all responses received in relation to such Advertisement) use any information obtained from candidates or potential candidates for a purpose that is not genuinely connected to recruitment for the advertised position. In particular, the Advertiser warrants that it will comply with the Spam Act 2003 (Cth) and the Privacy Act 1988 (Cth) and applicable regulations under such legislation and the National Privacy Principles.
    
    
11. The Advertiser indemnifies us from any claim, loss or liability arising (whether directly or indirectly) in connection with the Advertisement or from breach of any warranty given by the Advertiser under the Terms and Conditions.
    
    
12. The Advertiser must take all reasonable care in guarding against unauthorised use of its user name and password. We are not responsible for any unauthorised access to Advertiser accounts through failure of the Advertiser to take such reasonable care.
    
    
13. The Advertiser acknowledges and agrees that by submitting an application to open an account with us the Advertiser (and where applicable, its directors, partners or principals) authorise us to request and obtain information on credit history from time to time from any credit reporting agency.
    
    
14. The Advertiser acknowledges that we do not independently verify information provided by candidates and that the Advertiser must rely on its own enquiries to check or otherwise verify information provided.
    
    
15. The Advertiser’s rights under each contract arising upon placement of an Advertisement (incorporating the Terms and Conditions) cannot be assigned without our consent. Any change in the effective control of the Advertiser will be deemed to be an assignment of each such contract requiring the written consent of us. We can assign any of its rights under the Terms and Conditions without reference to the Advertiser.

 

B. Candidate Terms and Conditions

Each person viewing or searching any of the sites as a potential candidate or responding or applying for a position the subject of an Advertisement (a “Candidate”) agrees to the following terms and conditions:

1. The Candidate acknowledges that any Advertisement appearing on a site is provided “as is” and has been created and/or authorised by the relevant Advertiser. We do not independently verify the accuracy of content of Advertisements or the bona fides of Advertisers. The Candidate is responsible for satisfying themselves as to such matters when contacting an Advertiser in response to an Advertisement. No fee or charge should be requested by any Advertiser to review or consider an application from the Candidate or to attend an interview. Such a request from any Advertiser may be indicative of a non-genuine purpose. If the Candidate has reason to suspect that a position advertised in an Advertisement is not genuine or that recruitment for the advertised position is not the sole purpose of the Advertisement, we would appreciate this feedback so that it can make inquires and, where applicable, take appropriate action.
   
   
2. The Candidate must take reasonable care in protecting against unauthorised use of log-on details. We are not responsible for any unauthorised access to Candidate job profile information or Candidate user account through failure of the Candidate to take such reasonable care.
   
   
3. The Candidate warrants that in responding to any Advertisement or making inquiries of an Advertiser he or she does so as a genuine potential candidate in his or her own personal, non-commercial capacity.
   
   
4. The Candidate indemnifies and will keep us indemnified from any claim, loss or liability arising directly or indirectly from any curriculum vitae or resume or other information submitted by or on behalf of the Candidate to an Advertiser (including, without limitation, where such claim, loss or liability is caused by any misleading information, material omission, fraudulent or negligent misstatement).
   
   
5. We reserves the right to disable the Candidate’s log-on if he or she is in breach of these the Terms and Conditions or is engaged in any conduct we reasonably considers may expose us to any liability or otherwise cause damage or harm our business.

 

C. General Terms and Conditions

The following terms and conditions apply generally to Advertisers, Candidates and other users or visitors to any site (in each case, referred to below as “you”):

1. All content appearing on our site (excluding material provided by Advertisers or Candidates) is the copyright of Recruitment Directory Pty Ltd or its licensors and is protected by copyright laws including the Copyright Act 1968 (Cth) and under international treaties.
   
   
2. The “Recruitment Directory” is a trade mark of Recruitment Directory Pty Ltd and must not be reproduced without permission.
   
   
3. To the full extent permitted by law:
   
   
   • the content appearing on sites and the services comprising or provided by us under or in connection with the sites is provided “as is” and without warranties of any kind, whether express or implied;
   • we limit our liability to you in connection with our service to: supplying the relevant Advertisement or service again; or payment of the cost of having the relevant Advertisement or service supplied again;
   • we will not be liable under any circumstances for any loss of profits, indirect, consequential or incidental loss, damage or injury in connection with the site;
     
     
4. We will not be liable for:
   
   
   • any downtime, interruption to or inability to access any site;
   • any inability to log-on or access your online account;
   • any delay or failure in an Advertisement being posted, archived, restored from archive, or taken down or any change to the details or content of such Advertisement being made;
     
   • any matter, circumstance or thing beyond our control (including, without limitation, interruption to or failure of the power supply, its IT systems or those of its IT or communications provider, strikes, lock-outs, or acts of God).
     
     
5. Nothing in the Terms and Conditions will exclude, restrict or modify any rights or remedies which you may have under any applicable Commonwealth, State or Territory legislation which under such legislation cannot be excluded, restricted or modified by agreement.
   
   
6. Your use of this web site and all of our legal notices will be governed by and construed in accordance with the laws of Victoria, Australia and by using our internet sites you irrevocably and unconditionally submit to the jurisdiction of the courts of that state.
   
   
7. Any provision of the Terms and Conditions which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be severed from the Terms and Conditions without invalidating the remaining provisions of the Terms and Conditions or affecting such provision in any other jurisdiction.
   
   
8. You warrant that in accessing or visiting the sites or any user account you will not introduce any virus or other malicious harmful or destructive code.
   
   
9. Any banner advertising or other advertising appearing on the sites does not imply an endorsement or recommendation by us as the advertiser or their products or services.
   
   
10. Further information regarding the collection and use of personal information including cookies is set out in our Privacy Policy, which forms part of the Terms and Conditions.
    
    
11. Each indemnity given by you under the Terms and Conditions is a continuing indemnity which shall continue upon expiry or termination of any contract with you. We may recover a payment under an indemnity given by you under the Terms and Conditions before it makes the payment in respect of which the indemnity is given..