Terms and Conditions

 I.  TERMS AND CONDITIONS

These Terms and Conditions ("Terms") sets out the terms under which the advertisers and the Candidates/Applicants ("You") may use the Possi Jobs Pty Ltd ("POSSI JOBS/the Provider") Site and Services.

Possi Jobs reserve the right to change and amend these Terms and Conditions at its sole discretion from time to time.

These Terms constitute a binding agreement between You and POSSI JOBS. By registering on our site or by making use of our services you accept that you agree to our Terms, as amended from time to time, each time you use or access any POSSI JOBS site or any POSSI JOBS service.

II.  PARTIES

These Terms and Conditions form an agreement (Agreement) between Possi Jobs Pty Ltd, ACN 168 406 460 , a company registered in Victoria, Australia ("Possi Jobs" or the "Provider") and the Advertiser ("Advertiser" or "You") and the Candidate/Applicant ("Candidate" or “Applicant) in relation to the use of our services in relation to the websites "PossiJobs.com.au" and any other all related site of the Provider ("Site").The website is an Australian website.

A.  GENERAL TERMS OF USE

    1. Definitions

Advertiser means a user of the Site that posts Jobs;

Candidate/Applicant means any person using the Site other than an Employer;

Course means any educational or vocational training courses;

Possi Jobs means Possi Jobs Pty Ltd, ACN No 168 406 460

Site means the Possi Jobs website and/or Possijobs.com.au and/or Possi.com.au.

    1. Services

The Site provides an online recruitment platform for the hospitality industry where advertisers/employers post job advertisements,  details of courses and related services as determined by the provider in its absolute discretion, and where Candidates/Applicants search for and apply for jobs and courses.

The Provider recommends relevant Jobs, Candidate/Applicant's, Employers and Courses to the users of the Site.

The Provider will make different services at the prices indicated on the Site  available to advertisers.

The services will be available for PC, Tablet and Smartphone.

Possi Jobs will have the right to remove any posting/advertisement that does not, in its sole discretion, comply with these terms and conditions.

Advertisers will be charged fees as determined by the Provider from time to time.

Candidates/Applicants will be allowed to access the information on the site for free.

The provider will add, remove, modify and update any service offered from time to time in its absolute discretion.

    1. Licence

By accepting the terms and conditions of this agreement, you are granted a limited, non-exclusive and revocable license to access the Site for the duration of this agreement, in accordance with the terms and conditions of this agreement.

The Provider may issue the license to you on the further terms or limitations ) in its absolute discretion for any reason that it sees fit.

The Provider may revoke or suspend your license(s) in its absolute discretion for any reason that it sees fit, including for breach of the terms and conditions in this agreement by you or any of its users. The Provider will ordinarily advise you of any suspension or revocation however it is under no obligation to do so.

You agree that the Provider shall provide access to the Site to the best of its abilities, however it accepts no responsibility for ongoing access to the Site.

      1. Registration

Applicants/Candidates may search the site without being required to register or sign on. To access the site to advertise or to apply for Jobs or Courses you are required to register on the Site.

      1. Term

Your license to access the Site shall be indefinately until terminated by the Provider in accordance with these Terms or by the Provider in its absolute discretion.

      1. Modification of Website and Terms

The Provider may alter, change, modify or vary the services, website or these Terms at any time. If the Provider alters, changes, modifies or varies the services, website or these Terms, it will provide notice by publishing the details thereof on the Site.

You accept that by doing this, the Provider has provided you with sufficient notice of any alteration, change, modification or variation of the services, website or these Terms

    1. Passwords and Login

To become a registered user, you must provide a password and a login name.

You are entirely responsible for maintaining the confidentiality of your password and login name.

You are entirely responsible for any and all activities that occur under your login name and password.

You may change your password at any time by following instructions on your user profile. You may also change your chosen login name by contacting customer service.

You may change services attached to your registration at your convenience.

You agree to immediately notify the Provider of any unauthorized use of your login name or any other breach of security known to you.

    1. Limitation on Use

The Provider may limit or restrict access to the site from time-to-time as it sees fit in its sole and absolute discretion.

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 over the age of 18.

You agree that you will only use the Site for legal purposes and shall not use it to engage any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by the Provider in its discretion.

You will authorise users to access the Site in your absolute discretion. The Provider accepts no liability for access to your Data by users authorised by you or using login details of users authorised by you.

You are solely responsible for the security of your username and password for access to the Site.

Except as otherwise permitted under these Terms, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Site including code and software. You are permitted to share jobs and information as provided for by the site.

    1. Account Access using Third Party Services and sharing

Users of the Site may access the site from appropriate third party sites like Facebook.

Users may share information form the site as provided on the site via Facebook, Twitter, LinkedIn, Google Plus text message, email or any other third party provider as provided for on the Site.

    1. Warranties by Possi Jobs

The Provider does not guarantee the availability of the siteNo Guarantee of Availability

The Provider does not guarantee the correctness of any advertisement, availability of any position or any other aspect of any advertisement. The Provider records that all advertisements are place by the advertiser personally.  The provider also does not guarantee the correctness of any application for any position or any information supplied by any Candidate/Advertiser or his/her qualifications, expertise, experience or appropriateness for any position.

    1. Authorised Use of Site

You agree that information contained on this Site is for personal use only.

The information may not be sold, redistributed or used for any commercial purpose whatsoever. You may download material from this Site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.

You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any information or material from this Site including code and software. You must not use this Site for any purpose that is unlawful or prohibited by these terms of use.

You may not use data mining tools I from the site in any way whatsoever and for any purpose whatsoever without our prior written consent.

The Provider reserves the right to sell banner advertisements on any page of the Site to any advertiser on any terms in its absolute discretion.

    1. Reporting Breaches

You are obliged to report any breaches in respect of the use of the site to the Provider immediately upon becoming aware thereof.

    1. Limitation of Liability and Disclaimer

You agree that you will use the Site at your own risk.

You acknowledge that the Provider is not responsible for the conduct or activities of any user and that the Provider is not liable for such under any circumstances.

You agree to indemnify the Provider for any loss, damage, cost or expense that the Provider 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 these Terms.

In no circumstances will the Provider be 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, or in any way relating to an experience itself (or the provision or non-provision of an experience), whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the Provider knew or should have known of the possibility of such damage, to business interruption of any type, whether in tort, contract or otherwise.

Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) 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, the Provider and the Provider’s related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, the Provider’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the Provider’s option to:

      1. the re-supply of services or payment of the cost of re-supply of services; or
      2. the replacement or repair of goods or payment of the cost of replacement or repair.

 

    1. Intellectual Property

Copyright in the material and trademarks on this Site are owned by POSSI JOBS PTY LTD ACN 168 406 460  ("POSSI JOBS") unless otherwise indicated and you agree not to infringe any intellectual property rights owned by POSSI JOBS.

      1. Copyright

The Provider owns the copyright of everything on and posted to the Site. You may copy information from the Site or the services that it provides for your own personal purposes only and you will not, 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.

      1. Trademarks

The Provider has moral & registered rights in its trademarks and you shall not copy, alter, use or otherwise deal in the marks without the prior written consent of the Provider.

      1. Proprietary Information

The Site may use software and other proprietary systems and Intellectual Property for which the Provider has appropriate authority to use, and you agree that such is protected by copyright, trademarks, 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.

      1. Content

All content posted to the Site remains the Intellectual Property of the Provider, including (without limitation) any source code, ideas, enhancements, feature requests, suggestions or other information provided by you or any other party.

    1. Maintenance

The Provider will use reasonable endeavours to ensure that the Site is available for access by authorised users at all times. Notwithstanding this, the Provider and its third party service providers may be required to undertake maintenance and upkeep of the Site from time to time. the Provider will endeavour to limit any ‘downtime’ to periods outside of standard business hours. the Provider provides no warranty to you that services generally available through the Site will be uninterrupted or error free. Except where we are unable to exclude our liability by legislation, we, our officers, employees, agents and contractors will not be liable in any way to you or anyone else for any loss or damage, however it arises (whether in contract, tort including negligence, or otherwise) out of or in connection with your access and use of the Advertiser Centre.

As a hosted and managed service, the Provider reserves the right to upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise alter the Site at any time without any notice to you.

    1. Data

The Provider takes the security of the Site and the privacy of its users very seriously. You agree that you will not do anything to prejudice the security or privacy of the Provider’s systems or the information on them.

      1. Licence to Use

The Provider is allowed to use any data or other information posted by any advertiser or Candidate/Applicant for its personal use and the use of its business associates and for purpose of marketing. The Provider will not sell or otherwise make your information available to any third parties.

      1. Security

Your data will be kept on the servers of PossiJobs Pty Ltd or its service providers. The Provider will take all reasonable steps to secure your data but does not guarantee the security thereof. Ba accepting these terms you indemnify the Provider, its service providers and business associates against all and any damages being direct, indirect or consequential arising from any unauthorised use of your date.

      1. Transmission

The Provider 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 any transmission standards meet your operating and legal requirements.

      1. Storage

The Provider may limit the amount of data that you store on the Site, and shall advise you of such. Data that is stored with the Provider shall be stored according to accepted industry standards.

      1. Backup

The Provider shall perform backups of its entire systems in as reasonable manner at such times and intervals as is reasonable for its business purposes. The Provider does not warrant that it is able to backup or recover specific customer data from any period of time unless so stated in writing by the Provider.

    1. Governing Law

This agreement is governed by the laws of the State of Victoria, Australia and you irrevocably submit to the exclusive jurisdiction of its Courts and its Appellate Courts and the jurisdiction of the Federal Court of Australia sitting in Victoria.

    1. Severability

If any part of this agreement is held invalid or unenforceable, that part shall be severed from this agreement and the remainder of this agreement will continue to be valid and enforceable.

    1. Waiver

No clause of this agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.

    1. Breach

Where a party is in breach of this agreement, the other party may issue a written notice (Breach Notice) requiring the party in breach that must set out:

      1. the nature of the breach;
      2. the provisions of the agreement that are alleged to have been breached;
      3. a reasonable timeframe to remedy the breach in not less than 10 Business Days; and
      4. the action required to remedy the breach.

Where a party issues a compliant Breach Notice in accordance with clause 16.1, the receiving party shall be required to respond and/or remedy the breach as so set out in the Breach Notice. Failure to respond in writing setting out:

      1. the steps taken to remedy the breach; or
      2. why the party believes it is not in breach as put forward in the Breach Notice,
      3. shall not in itself confirm the alleged breach but shall be in itself a breach of this agreement.

Failure to remedy a breach set out in a Breach Notice shall be a material breach of this agreement (Material Breach).

    1. Termination

Termination of this agreement will not end those provisions that are capable of surviving the ending of this agreement.

    1. Entire Agreement

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 this agreement.

    1. Privacy Policy

You acknowledge that you have perused and agrees with the Provider’s Privacy Policy.

    1. Force Majeure

If a party is prevented in whole or in part from carrying out its obligations under this agreement as a result of Force Majeure, it will promptly notify the other party accordingly. The notice must:

      1. specify the obligations and the extent to which it cannot perform those obligations;
      2. fully describe the event of Force Majeure;
      3. estimate the time during which the Force Majeure will continue; and
      4. specify the measures proposed to be adopted to remedy or abate the Force Majeure.

Following a notice of Force Majeure in accordance with clause 19.1 and while the Force Majeure continues, the obligations which cannot be performed because of the Force Majeure will be suspended, other than obligations to pay money that is due and payable.

The party that is prevented from carrying out its obligations under this agreement as a result of Force Majeure must remedy the Force Majeure to the extent reasonably practicable and resume performance of its obligations as soon as reasonably possible.

The party that is prevented from carrying out its obligations under this agreement as a result of Force Majeure must take all action reasonably practicable to mitigate any loss suffered by the other party as a result of the party’s failure to carry out its obligations under this agreement.

    1. Electronic Communication, Amendment and Assignment

The words in this clause that are defined in the Electronic Transactions Act 1999 (Cth) have the same meaning.

You can direct notices, enquiries, complaints and so forth to the Provider as set out in this agreement or on the Site. The Provider will notify you of a change of details from time-to-time.

The Provider will send you notices and other correspondence to the details that you submit to the Provider, or that you notifies the Provider of from time-to-time. It is your responsibility to update its contact details as they change.

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.

 

  • Advertisers

 

    1. Services

The Provider will provide advertising space to the advertisers in the format and at the price as listed on the Site from time to time.

The Provider will provide templates with appropriate layout of various types of advertisements.

The Provider will provide examples of wording for a wide variety of advertisements. The Advertiser acknowledges that the example is an example only and that it is the responsibility of the Advertiser to modify and adapt the example for its own needs. The provider does not guarantee the correctness or suitability of any example. The Advertiser is responsible for the format and content of its advertisement.

All advertisements including current, past and unpublished draft advertisements will be kept and can be accessed in an Ad Library in the Advertiser’s user account where the advertiser will be able to edit, update, amend, delete and re-use any advertisement.

The Advertiser is allowed to archive up to thirty advertisements free of charge and any further advertisements or disk space at the price and on the conditions as determined by the Provider from time to time in its absolute discretion.

The Provider will provide the opportunity to add borders and other enhancements to advertisements on the Site at the prices as displayed on the site.

On publication of any advertisement it will automatically be published at  the first position of the first page of advertisements as displayed. The advertisement will be moved to second and further places as and when new advertisements are placed. The advertiser may, at any time, and upon payment of the price displayed on the site bump any advertisement back to the number one position. Until such time that another add is placed or Bumped.

    1. Billing and Payment

The various classes of advertisements and the price thereof will be published on the website and can be changed from time to time in the absolute discretion of the Provider.

The Advertiser agrees to be liable to pay for the cost of the advertisement by agreeing to publish the advertisement. Your agreement to publish an advertisement is also a confirmation of the correctness thereof.

The cost will be the amount as displayed on the Site and will be payable immediately by Visa, Mastercard or American Express or such other payment service as indicated on the Site. The advertiser shall be liable for payment of any credit card surcharges.

The advertisement will be uploaded upon receipt of payment and will be displayed for a period of 15 days (or such other period as determined by the Provider from time to time) from date of upload where after it will be automatically be removed. The Advertiser is free to delete any advertisement at any stage during the 15 day period. Early termination of any advertisement will not result in any saving.

It is the responsibility of the Advertiser to enter any promotional code (“promo code”) to qualify for any discounts or benefits.

The Provider reserves the right to sell advertising space to selected advertisers on account on such terms and conditions as agreed with such advertisers from time to time in the absolute discretion of the Provider.

The Provider may revoke or suspend your license to access the Site or display advertisements for unpaid Fees & Charges at any time and without any notice to you without liability.

The Provider shall issue you a Tax Invoice for all Fees & Charges for which GST applies.

Should you dispute a Tax Invoice, you must notify the Provider of the disputed item within 5 Business Days of the date of the Tax Invoice. The Customer must pay the amount of the Tax Invoice not in dispute within the prescribed payment period.

Overdue Tax Invoices shall accrue interest at the rate of 1.5% per month, or in default, the maximum rate of penalty interest prescribed under law.

The Customer authorises the Provider to use your information for the purposes of obtaining a credit assessment or to otherwise make investigations as to your payment history.

 

  • Licence

 

Advertisers/Employers/Venues must be registered on the Site prior to posting any Jobs.

You agree to and warrant that you have the authority to create an Employer account, post any Jobs or other information about the company/business/jobs to the Site and pay for any Job/Service posting.

If you do not hold a corporate account with the Provider then you will be required to make payment online prior to the posting of the Job.

Once payment has been made for a Job posting, no refunds are available unless specifically authorised by the Provider.

 

  • User to User and Third Party Dealings

 

Because User authentication on the Internet is difficult, the Provider cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any the Provider Site.

In the event that You have a dispute with one or more Users, You release the Provider (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

 

  • Warranties by Advertiser and advertiser obligations

 

You warrant and agree that:

  1. you have the legal capacity and power to agree to be bound by these Terms and perform the obligations under them;
  2. advertisements and other works posted on the Site do not breach the intellectual property rights of any third party;
  3. all files delivered to the Provider will be free of infection or viruses;
  4. you will not use the Site for any illegal purpose;
  5. you will not use the Site or any features of the Site or products offered on the Site to upload, download, transact, store or make available data that is unlawful, harassing threatening, harmful, tortious, defamatory, libellous, abusive violent, obscene, invasive of another’s privacy, racially or ethnically offensive or otherwise in our opinion objectionable or damaging to the Provider, the Site users or persons generally;
  6. if you have engaged a third party provider to obtain data and/or obtain services from the Site on your behalf, you understand that a breach of these Terms (including the Product Terms) by that provider will be deemed to be a breach of the relevant Terms by you, and the Provider will have the right to take action against you on account of that breach (even if you had no knowledge of, and no involvement in, the said breach);
  7. if you have engaged a third party provider to obtain data and/or obtain services from the Site on your behalf, you understand that a breach of these Terms (including the Product Terms) by that provider will be deemed to be a breach of the relevant Terms by you, and the Provider will have the right to take action against you on account of that breach (even if you had no knowledge of, and no involvement in, the said breach);

You may not assign or transfer any rights and obligations pursuant to these Terms to any other person or entity without the Provider's prior written approval (which will not be unreasonably withheld). If you are a company, any change in your effective control shall be deemed an assignment for the purpose of this clause.

You indemnify and will keep indemnified the Provider, its officers, employees, service providers and agents against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by the Provider in connection with:

  1. any breach of these Terms or the Product Terms by you;
  2. any negligent act or omission by you;
  3. the listing or proposed listing of any advertisement by you on the Site or any related site; or
  4. an actual or alleged breach by you of any law, legislation, regulations, by-laws, ordinances or codes of conduct which occurs a consequence of the your advertisement appearing on the Site.

You agree at all times to deal with any information or products provided by the Provider or accessed from the Site in a manner which abides by all applicable laws of Australia, or of any other relevant jurisdiction (including, without limitation, privacy and copyright laws).

Except as otherwise permitted under these Terms, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Site including code and software.

You may not use data mining, robots, screen scraping, or similar automated data gathering, extraction or publication tools on this Site (including without limitation for the purposes of establishing, maintaining, advancing or reproducing information contained on our Site on another website or in any other publication), without the Provider’s prior written approval.

You may not use the Site to post any pyramid scheme on the Site and you also may not ask or require any Candidate/Applicant to pay a fee, charge, cost or any money whatsoever to apply for any job advertised on the Site whether such fee, charge, cost or money is asked or required of the Candidate/Applicant in the job advertisement itself or in any communication with the Candidate/Applicant that takes place as a result of a job advertisement placed on the Site.

You may not use any feature of the Site to send any unsolicited commercial electronic messages to Candidates/Applicants, whether individually or as a group. Candidate/Applicant management tools may only be used to communicate with Candidates/Applicants in accordance with the Product Terms.

You must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to the Provider without the Provider's prior written approval.

Any advertisements acquired by you from the Provider must not be on-sold or supplied by you to third parties unless you are a media buyer (as approved by the Provider) whose primary business it is to acquire media on behalf of third parties, or unless you are a job recruiter and supply job recruitment services (as approved by the Provider) in conjunction with the advertisements.

Where you are a job recruiter advertising on behalf of a client, your advertisements must clearly state that you are a job recruiter and must display your company name or branding.

Should you breach the condition as set out above, the Provider reserves the right to charge you as a casual advertiser at a higher rate or, where appropriate, to remove your advertisement.

By accepting and uploading any advertisement you confirm that you have approved it as correct and accurate.

 

  • Misuse of data and On-selling

 

Any ‘personal information’ (within the meaning of the Privacy Act 1988 (Cth)) of any Candidate/Applicant that you obtain through your use of the Site or any features of the Site or products offered on the Site (including job applications received from Candidates/Applicants) must only be used by you in relation to your genuine employment and/or recruitment activities.

Selling or offering services or products (such as learning or educational courses or tools) to Candidates/Applicants whose personal information you have obtained through your use of the Site (including job applications received from Candidates/Applicants) is considered by the Provider to be a misuse of Candidate/Applicant data, and is prohibited.

You may not under any circumstances provide any Candidate/Applicant personal information you have obtained through your use of the Site (including job applications received from Candidates/Applicants) to any other party, including to any affiliate or related party of yours (unless the Provider has otherwise consented to this). This restriction on forwarding personal information applies irrespective of whether you receive direct financial benefit for doing so.

The Provider takes its obligations under the Privacy Act 1988 (Cth) extremely seriously, and is resolute in its determination to prevent the misuse of Candidate/Applicant data. If the Provider believes that you have misused Candidate/Applicant data for any reason, the Provider reserves the right to:

  1. immediately suspend or terminate your account, and/or suspend or terminate the account of any party that has received Candidate/Applicant personal information from you in breach of these Terms;
  2. report any potential contraventions of the Privacy Act 1988 (Cth) by you to the relevant authorities, including the Office of the Australian Information Commissioner; and/or
  3. take legal action against you seeking any number of remedies provided by law, including the award of monetary damages.

 

  • Intellectual Property

 

Copyright in the material and trademarks on this Site are owned by POSSI JOBS PTY LTD ACN168 406 460 ("POSSI JOBS") unless otherwise indicated and you agree not to infringe any intellectual property rights owned by POSSI JOBS.

    1. Copyright

The Provider owns the copyright of everything on and posted to the Site. You may copy information from the Site or the services that it provides for your own personal purposes only and you will not, 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.

    1. Trademarks

The Provider has moral & registered rights in its trademarks and you shall not copy, alter, use or otherwise deal in the marks without the prior written consent of the Provider.

    1. Proprietary Information

The Site may use software and other proprietary systems and Intellectual Property for which the Provider has appropriate authority to use, and you agree that such is protected by copyright, trademarks, 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.

    1. Content

All content posted to the Site remains the Intellectual Property of the Provider, including (without limitation) any source code, ideas, enhancements, feature requests, suggestions or other information provided by you or any other party.

 

  • Private Advertiser

 

At the time of collection of a Candidate/Applicant's personal information (whether from a Candidate/Applicant or from the Provider), or as soon as practicable thereafter, you warrant to the Provider that you will:

  1. advise the Candidate/Applicant (by way of notice in writing) that any personal information you collect about them will be held, used and disclosed in accordance with your privacy policy; and
  2. make a copy of your privacy policy available to the Candidate/Applicant.

From time to time the Provider receives requests from Candidates/Applicants regarding personal information collected by Advertisers. Where the Provider receives such a request from a Candidate/Applicant whose personal information you have received, we will pass such request on to you. You warrant to the Provider that whenever such request is provided to you, you will promptly and meaningfully respond to such request and will confirm such compliance to us.

You agree to indemnify and hold the Provider harmless against any loss or damage whatsoever that the Provider may incur, including but not limited to any civil penalties which may be imposed, as a result of: â—¦a failure by you to comply with clauses 55 and 57;

  1. a breach of the Privacy Act 1988 (Cth) or the Australian Privacy Principles by you; or
  2. any indirect contravention of the Privacy Act 1988 (Cth) or the Australian Privacy Principles the Provider caused by your non-compliance with clauses 55 and 56.

 

  • Data

 

Except for information that is ‘personal information’ (as that term is defined in the Privacy Act 1988 (Cth)), all data stored on the site on behalf of the Advertiser is owned by the Advertiser, and not the Provider.

The Advertiser hereby grants the Provider a perpetual, non-exclusive, irrevocable licence to use any stored data to:

  1. manage internal reporting requirements;
  2. collate statistical information about use of the Site and submission of online applications;
  3. analyse user behaviour on the Site;
  4. obtain and analyse high level trends and prepare reports relating thereto; and
  5. generally improve the Candidate/Applicant user experience.
  6. Store and retain applications

 

  • Responsibility to Protect Password and Login

 

To become a registered user, you must provide a password and a login name.

You are entirely responsible for maintaining the confidentiality of your password and login name.

You are entirely responsible for any and all activities that occur under your login name and password.

You may change your password at any time by following instructions on your user profile. You may also change your chosen login name by contacting customer service.

You may change services attached to your registration at your convenience.

You agree to immediately notify the Provider of any unauthorized use of your login name or any other breach of security known to you.

 

  • Modification of Website and Terms

 

The Provider may alter, change, modify or vary the services, website or these Terms at any time. If the Provider alters, changes, modifies or varies the services, website or these Terms, it will provide notice by publishing the details thereof on the Site.

You accept that by doing this, the Provider has provided you with sufficient notice of any alteration, change, modification or variation of the services, website or these Terms

 

  • Breach

 

Where a party is in breach of this agreement, the other party may issue a written notice (Breach Notice) requiring the party in breach that must set out:

  1. the nature of the breach;
  2. the provisions of the agreement that are alleged to have been breached;
  3. a reasonable timeframe to remedy the breach in not less than 10 Business Days; and
  4. the action required to remedy the breach.

Where a party issues a compliant Breach Notice in accordance with clause 16.1, the receiving party shall be required to respond and/or remedy the breach as so set out in the Breach Notice. Failure to respond in writing setting out:

  1. the steps taken to remedy the breach; or
  2. why the party believes it is not in breach as put forward in the Breach Notice,
  3. shall not in itself confirm the alleged breach but shall be in itself a breach of this agreement.

Failure to remedy a breach set out in a Breach Notice shall be a material breach of this agreement (Material Breach).

 

  • Termination

 

Termination of this agreement will not end those provisions that are capable of surviving the ending of this agreement

 

  • Dispute Resolution

 

For any dispute between the Provider and you, the following process shall apply:

  1. Negotiation. If there is a dispute between the parties relating to or arising out of this agreement, then within 5 Business Days of a party notifying the other party of a dispute, senior representatives from each party must meet (or if discuss directly via the telephone or internet) and use all reasonable endeavours acting in good faith to resolve the dispute by joint discussions;
  2. Mediation. If the dispute between the parties relating to or arising out of this agreement is not resolved within five Business Days of notification of the dispute under Clause 18.1, the parties must agree to submit the dispute to mediation, administered by lawyers engaged in alternative dispute resolution;
  3. Arbitration. If the dispute between the parties relating to or arising out of this agreement is not settled by mediation under Clause (b), either party may by written notice to the other refer the dispute to arbitration administered by the Institute of Arbitrators Australia. The arbitrator will be agreed between the parties from a panel suggested by the President of the Institute of Arbitrators Australia or failing agreement, an arbitrator will be appointed by the President of the Institute of Arbitrators Australia; and
  4. Court proceedings. A party may not commence court proceedings in relation to a dispute relating to or arising out of this agreement until it has exhausted the procedures in this clause (d) unless the party seeks appropriate injunctive or other interlocutory relief to preserve property or rights or to avoid losses that are not compensable in damages.

This clause does not apply to disputes between Advertisers and Candidates/Applicants using the Site.

 

  • Liability and Indemnity

 

You agree that you will use the Site at your own risk.

You acknowledge that the Provider is not responsible for the conduct or activities of any user and that the Provider is not liable for such under any circumstances.

You agree to indemnify the Provider for any loss, damage, cost or expense that the Provider 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 these Terms.

In no circumstances will the Provider be 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, or in any way relating to an experience itself (or the provision or non-provision of an experience), whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the Provider knew or should have known of the possibility of such damage, to business interruption of any type, whether in tort, contract or otherwise.

Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) 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, the Provider and the Provider’s related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, the Provider’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the Provider’s option to:

  1. the re-supply of services or payment of the cost of re-supply of services; or
  2. the replacement or repair of goods or payment of the cost of replacement or repair.

 

  • EMPLOYEES/CANDIDATE/APPLICANTS

 

 

    1. Licence

Candidates/Applicants must be registered on the Site prior to use their of. The licence to access the site will be an ongoing license which can be terminated by the Provider at any time in its absolute discretion. Access to the site is free of charge for Candidates/Applicants.

    1. No Use by Minors

The Services on the Site not directed to individuals and the age of 18 and these individuals will only be allowed to use the site with the permission of and under supervision of their parents and / or guardians.

    1. Applications

The Candidate/Applicant may, after registration on the Site, apply for jobs on the page provided. The applicant is responsible to upload his/her Resume or Curriculum Vitae with each and every job application.

The Candidate/Applicant may save advertisements in his/her account in a shortlist, which shortlist can be used to monitor the status of and advertised job.

    1. Right to Block Access

The Provider may block access of any Candidate/Applicant to the site for breach of the terms of use or any other valid reason in its abstinent and sole discretion.

    1. Uploading of Documents

It is your responsibility to ensure that the information and/or documents you upload or post is complete and accurate. Where necessary it is your responsibility to update your information for each separate application.

    1. Use of Site Content and Your Obligations

When using the Service, you promise that you will:

      1. use it for the purpose of exploring and finding job opportunities suitable for you only and not use it in connection with any other commercial or business purpose;
      2. only contribute legal, accurate, current, appropriate and original (or properly licensed) content;
      3. not criticise or damage the reputation of the Provider or any person or entity whose details, image or business features on the Service;
      4. not infringe any intellectual property rights of any entity whose intellectual property (including logos, copy and other content) is made available by the Provider on the Service;
      5. not engage in any discriminatory conduct (including discrimination on the basis of race, gender, sexual preference, age, physical or mental disability, pregnancy, marriage status, nationality, religion, political views, membership of a union or party);
      6. not disclose the personal information of any person without consent or send any electronic communication to any person without their consent;
      7. not behave in an intimidatory, aggressive, hateful or threatening way;
      8. not use the log-in details of any person other than yourself; and
      9. not mislead, deceive or carry out any illegal or criminal purpose on or via the Service.

 

    1. Limitation of Liability and Disclaimer

You agree that you will use the Site at your own risk.

You acknowledge that the Provider is not responsible for the conduct or activities of any user and that the Provider is not liable for such under any circumstances.

You agree to indemnify the Provider for any loss, damage, cost or expense that the Provider 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 these Terms.

In no circumstances will the Provider be 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, or in any way relating to an experience itself (or the provision or non-provision of an experience), whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the Provider knew or should have known of the possibility of such damage, to business interruption of any type, whether in tort, contract or otherwise.

Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) 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, the Provider and the Provider’s related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, the Provider’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the Provider’s option to:

  1. the re-supply of services or payment of the cost of re-supply of services; or
  2. the replacement or repair of goods or payment of the cost of replacement or repair.

 

  • Modification of Website and Terms

 

The Provider may alter, change, modify or vary the services, website or these Terms at any time. If the Provider alters, changes, modifies or varies the services, website or these Terms, it will provide notice by publishing the details thereof on the Site.

You accept that by doing this, the Provider has provided you with sufficient notice of any alteration, change, modification or variation of the services, website or these Terms

 

  • Authority to Store and Retain Resumes and Application Letters

 

The Provider may retain and use all information and documents supplied by you or uploaded by you as set out in the General Terms and Conditions.

 

  • No Professional Advice Given

 

The Provider does not endorse, recommend or guarantee any of the jobs, business or self-employment opportunities advertised on its Site.

It is your responsibility to, prior to entering into any agreement with any of the Advertisers on the Site, obtain your own independent legal, accounting, financial or taxation advice as appropriate. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Site or on the Internet generally.

The Provider will not be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any information contained on or omitted from the Site whatsoever.

 

  • No Guarantee of Job Vacancy

 

The Provider gives no guarantee to you that every job advertisement represents an actual job vacancy all of the continued availability of any job advertised on the Site.

 

  • No Guarantee of Services or Sites

 

The Provider cannot and does not guarantee or warrant to you that the services generally available through its Site will be uninterrupted or error-free or that defects in the service will be corrected.

The Provider cannot and does not guarantee or warrant to you that files available for downloading through the Site or delivered via electronic mail through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. Any download from the site is done by you at your own risk. You are responsible for implementing sufficient procedures, checkpoints, antivirus software and firewalls to protect your hardware software and to data.

 

  • No Endorsements of Services or Sites

 

The Provider provides links and pointers to Internet sites owned and maintained by third parties from its Site. Such linked sites are not under the control of the Provider and the Provider is not responsible for the contents (including the accuracy, legality or decency) of any linked site or any link contained in a linked site.

The Provider does not endorse any linked third-party sites.

The Provider is not responsible for the copyright compliance of any linked third-party site.

The Provider will not be liable for any damages or loss whatsoever arising in any way out of or in connection with or incidental to any information or third party service provided by any third party or link to any third-party site.

 

  • No Guarantee of Listings Offered

 

The Provider provides the message board on which job-hunters and talent-hunters may exchange content. It is not the author of any content provided by such users and does not control the behaviour of users. To the extent permitted by law, the Service is provided to you on an "as is" basis. The Service may contain errors, faults and inaccuracies and may not be complete or current.

The Provider makes no representations about the operation or suitability of the Service for any particular purpose; the availability, performance, security, characteristics or operation of the Service; or the truthfulness or reliability of content provided by any third party.

The Provider makes no representations or warranties with respect to the availability, suitability, job position, location, activities, conditions, remuneration, period or work environment of any job opportunity listed on the Service; the terms of any employment agreement or services contract entered into in connection with the Service; or the conduct of the talent-hunters advertising job opportunities (including whether or not they will comply with any employment, work health and safety, privacy or other employment or work related laws). Those issues are issues between the talent-hunters and you.

 

  • User to User Dealings and Third Party Dealings

 

Because User authentication on the Internet is difficult, the Provider cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any the Provider Site.

In the event that You have a dispute with one or more Users, You release the Provider (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

 

  • Intellectual Property

 

Copyright in the material and trademarks on this Site are owned by POSSI JOBS PTY LTD ACN 168 406 460 ("POSSI JOBS") unless otherwise indicated and you agree not to infringe any intellectual property rights owned by POSSI JOBS.

    1. Copyright

The Provider owns the copyright of everything on and posted to the Site. You may copy information from the Site or the services that it provides for your own personal purposes only and you will not, 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.

    1. Trademarks

The Provider has moral & registered rights in its trademarks and you shall not copy, alter, use or otherwise deal in the marks without the prior written consent of the Provider.

    1. Proprietary Information

The Site may use software and other proprietary systems and Intellectual Property for which the Provider has appropriate authority to use, and you agree that such is protected by copyright, trademarks, 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.

    1. Content

All content posted to the Site remains the Intellectual Property of the Provider, including (without limitation) any source code, ideas, enhancements, feature requests, suggestions or other information provided by you or any other party.

 

  • Data

 

Except for information that is ‘personal information’ (as that term is defined in the Privacy Act 1988 (Cth)), all data stored on the site on behalf of the Advertiser is owned by the Advertiser, and not the Provider.

The Advertiser hereby grants the Provider a perpetual, non-exclusive, irrevocable licence to use any stored data to:

  1. manage internal reporting requirements;
  2. collate statistical information about use of the Site and submission of online applications;
  3. analyse user behaviour on the Site;
  4. obtain and analyse high level trends and prepare reports relating thereto; and
  5. generally improve the Candidate/Applicant user experience.
  6. Store and retain applications

 

  • No Guarantee of Security of your Information

 

The Provider takes all due care in ensuring the privacy and integrity of the information you provide.

The Provider cannot and does not guarantee the security of your information and the possibility exists that this information could be unlawfully observed by a third party while in transit over the Internet or while stored on the Provider systems or on POSSI JOBS's Site.

The Provider will not be liable for any damages or loss whatsoever arising in any way out of or in connection with or incidental to any and all liability to you to the greatest extent possible pursuant to law should this occur.

 

  • Responsibility to Protect Password and Login

 

To become a registered user, you must provide a password and a login name.

You are entirely responsible for maintaining the confidentiality of your password and login name.

You are entirely responsible for any and all activities that occur under your login name and password.

You may change your password at any time by following instructions on your user profile. You may also change your chosen login name by contacting customer service.

You may change services attached to your registration at your convenience.

You agree to immediately notify the Provider of any unauthorized use of your login name or any other breach of security known to you.

 

  • Misrepresentation

 

You agree that it is a condition on your use of the POSSI JOBS Site and of any other services provided by the Provider or through the Site that you will not through any act or omission (including but not limited to creating a profile on the POSSI JOBS Site) publish information or act in a way to mislead or deceive others.

 

  • Breach and termination

 

You acknowledge and agree that your right to use the Service may be revoked if you breach any of these Terms.