In these Sales Terms and Conditions ("Sales Terms"), "we," "us," or "our" refers to Job Search Global, ABN 79 980 749 050, its successors, and assignees. "You" or "your" refers to the person, organisation, or entity purchasing job advertisement listings or LMT Advertising Evidence services from us, collectively referred to as the "Parties." These Sales Terms apply to all job advertisement sales made by us to you and are published at employers.jobsearch.com.au/terms. In these Sales Terms, "Site" means www.jobsearch.com.au and employers.jobsearch.com.au. These Sales Terms form the agreement under which we supply job advertisement listings and LMT Advertising Evidence services ("Products") to you. Please read these Sales Terms carefully and contact us with any questions before purchasing. By purchasing from us, you accept these Sales Terms, confirming you have had sufficient opportunity to review them, are 18 years or older, or have the consent of a legal guardian who is 18 or older. You must not order Products if you are under 18 or lack such consent. If you do not agree to these Sales Terms, do not purchase from us. Our Website Terms of Use and Privacy Policy, available on the Site, govern Site usage and personal information handling, respectively.
1. Registration
We will provide account registration confirmation when you register on the Site. You are responsible for keeping your account details confidential and are liable for all activity on your account, including purchases made using your account details.
2. Products and Orders
You may order Products as outlined on the Site. We may accept or reject an order based on factors such as Product availability and payment validation. You must verify order details, including Product and pricing, before completing your order. Upon order and payment validation, we will provide order details, including an order number, order ID, billing address, and Product description. A binding agreement is formed once we issue an order number. Changes to these Sales Terms require mutual written agreement.
3. Job Advertisement Listings
Each job advertisement listing expires after the duration specified by the Product from the date of publication. You agree that each listing must:
- Relate to one unique job opportunity only;
- Be accurate, and you must contact us if there is an error;
- Not contain hyperlinks;
- Be posted in the correct job category.
We reserve the right to:
- Disable any hyperlinks in a job advertisement;
- Charge for the actual number of jobs if multiple jobs are advertised in one listing;
- Re-categorise incorrectly categorised listings.
Duplicate listings will be automatically de-duplicated. We audit and deter posting one job across multiple suburbs and categories, but genuine multi-location job opportunities are unaffected. Salary is a mandatory field for job advertisements. For an LMT advertisement, how our pre-publication checklist treats salary information is described in section 3A.8; otherwise, displaying salary to job seekers is optional where the Product permits it. We prohibit commission-only or multi-level marketing schemes, including direct selling or work-from-home arrangements requiring upfront payments or recruitment of others. All jobs must align with one of the following:
- Work type: Full-Time, Part-Time, or Casual;
- Contract type: Permanent, Fixed Term Contract, Volunteer, Internship & Trainee, or Freelance & Task.
We reserve the right to recategorise or remove listings that do not comply.
3A. LMT Advertising Evidence Services
3A.1 Scope of the service
Our Labour Market Testing advertising evidence service ("LMT Service") supplies a JobSearch advertisement and a record of that advertisement. One LMT credit covers one advertisement, including its job listing, the evidence window specified before publication, automated content checks and, following successful completion of that window and final checks, an evidence pack. It does not cover advertisements on other platforms or a complete sponsorship, nomination or visa application. LMT credits are separate from standard job advertisement credits. You may retain, copy and provide your evidence pack to your advisers and relevant authorities for your recruitment, sponsorship, nomination or visa application; section 6 does not prevent those uses.
This section supplements the other Sales Terms and prevails to the extent of any inconsistency concerning the LMT Service, except that section 8 and rights that cannot lawfully be excluded always apply. Nothing in this section retrospectively varies an existing order.
3A.2 No immigration advice or assessment
JobSearch is an advertising and evidence-recording service provider, not a registered migration agent. We do not provide immigration assistance or immigration or legal advice, act as your migration representative, or undertake to assess your circumstances, eligibility or compliance with migration law. Information we provide about advertising requirements is general information only and must not be treated as advice about your particular circumstances.
In particular, we do not determine whether Labour Market Testing applies to you, whether an exemption is available, which visa or nomination pathway is appropriate, or whether your occupation, remuneration, recruitment process, advertising or supporting documents satisfy the requirements applicable to your case. We do not prepare or lodge your sponsorship, nomination or visa application, or represent you before the Department of Home Affairs or a reviewing body.
3A.3 No assurance of compliance, acceptance or outcome
Subject to section 8, we make no representation, warranty or guarantee that purchasing or using the LMT Service, publishing an advertisement, passing a checklist, receiving no warning, completing an evidence window, or obtaining an evidence pack:
- establishes compliance with Labour Market Testing, migration, employment or anti-discrimination requirements;
- means your advertising, evidence or application is complete, sufficient or acceptable to the Department of Home Affairs or another decision-maker; or
- will result in the approval of a sponsorship, nomination or visa application, or prevent a request for further evidence, delay, refusal or other adverse decision.
An evidence pack is a record of the JobSearch advertisement and the checks and captures described in it. It is not a certificate of legal compliance, a legal opinion, or an endorsement by the Department of Home Affairs. Automated checks, warnings and any employer declarations have the limitations described in the service and pack; a declaration supplied by you is not independently verified by us merely because it is recorded. Periodic checks and captures do not constitute continuous independent observation of the advertisement.
3A.4 Your responsibilities and independent advice
You are responsible for the accuracy and lawfulness of your advertisement and declarations, and for determining and meeting the requirements applicable to your recruitment, sponsorship, nomination and visa application. This includes any required other advertising, publication periods, lodgement deadlines, occupation and remuneration requirements, recruitment steps and supporting records. Our publication or acceptance of your advertisement does not transfer those responsibilities to us.
Before purchasing or relying on the service for a nomination, confirm the current requirements with the Department of Home Affairs. Obtain advice about your particular circumstances from a registered migration agent or an Australian legal practitioner authorised to provide immigration assistance where needed. You must not rely on our general information, checklists, warnings or evidence pack as a substitute for that assessment or advice. Keep your own copies of advertisements, application and recruitment records, and the evidence pack. If you purchase for another person or organisation, you must be authorised to do so and make these service limitations available to them.
3A.5 Publication, locking and evidence delivery
An LMT credit is used when an advertisement is successfully published as an LMT campaign. The evidence window begins at publication, not payment. Review the advertisement before publishing: during an active campaign it cannot be edited, paused or archived through the normal job controls. The advertisement may remain locked after the window ends while final checks are pending.
The evidence pack is prepared and emailed after the next scheduled daily check confirms successful completion of the window. Delivery is not promised at the exact moment the window ends. If the campaign is cancelled, or checks identify a change or interruption that invalidates the run, it will not receive an evidence pack confirming a completed window. This does not remove any remedy you may have under section 8 where we fail to provide the service as required.
3A.6 Cancellation, credits and refunds
Subject to section 8, we do not provide change-of-mind refunds for purchased LMT credits. Cancelling an active campaign before the evidence window ends terminates that campaign and does not restore or refund the credit used for it. Elapsed days cannot be transferred to a new campaign. A campaign cannot be cancelled through the service once its evidence window has ended. Starting another campaign normally requires another LMT credit; this does not require you to pay again for a remedy we must provide under section 8.
All prices are in Australian dollars and include GST where applicable, as shown before payment. Neither this section nor any cancellation or no-refund notice excludes a refund, compensation or other remedy required by law. Contact support@jobsearch.com.au about a service failure or payment issue.
3A.7 Preservation of legal rights
These limitations define the scope of the LMT Service; they do not release us from our obligation to supply that service with due care and skill or from other obligations that cannot lawfully be excluded. Nothing in these Sales Terms excludes, restricts or modifies any applicable consumer guarantee, statutory right or remedy, or liability that cannot lawfully be excluded, restricted or modified. Section 9 is subject to this provision and section 8.
3A.8 Pre-publication checklist and salary information
Before an LMT advertisement is published, our platform runs an automated checklist of the advertisement's content. For salary, the checklist item is satisfied if salary information is displayed in the advertisement. If no salary information is displayed, the item is satisfied only if you declare that annual earnings for the position are at or above the threshold amount shown in the checklist. That declaration is your statement: it is recorded in the campaign record and shown on the evidence pack as an employer declaration, and we do not verify it. The checklist reflects how our platform applies its configured rules. Satisfying it, with or without a declaration, does not establish whether salary must be displayed in your circumstances, and section 3A.3 applies.
4. Price and Payments
You agree to pay the purchase price specified on the Site at the time of order placement, in Australian dollars, including GST where applicable. Payment must be made via methods listed on the Site and will be processed upon order receipt. You must not use fraudulent or unlawful payment methods. If payment cannot be processed, your order may be canceled. Subject to section 8, pre-purchased job advertisement listings are not refundable for change of mind or unused listings. The specific LMT cancellation and credit rules are set out in section 3A. Additional listings beyond pre-purchased quantities will be charged at the rate listed on the Site. Actions constituting a new or additional listing, requiring payment, include:
- Reactivating a deleted or expired listing;
- Refreshing or renewing a listing;
- Changing the zone or location classification;
- Changing the listing’s reference number.
Fair Use Policy
For subscription tiers with a set monthly job posting limit, exceeding the limit by more than 50% for three consecutive months may lead to renegotiation of the agreement or restriction to the acceptable overage range.
5. Availability and Cancellation
If we cannot supply a Product due to significant delays or other reasons, we will contact you using the provided contact details. You may choose a refund, credit, or to place the order on backorder.
6. Intellectual Property Rights
We own all Intellectual Property Rights in the Site, business, Products, services, and branding. Materials on the Site are protected by Australian and international laws. You must not breach our Intellectual Property Rights by altering, modifying, creating derivative works from, or using our Materials for commercial purposes, such as resale to third parties.
7. Dispute Resolution
If a dispute arises, the complainant must provide written notice detailing the dispute, desired outcome, and proposed resolution. The Parties will meet in good faith to resolve the dispute ("Initial Meeting"). If unresolved, either Party may refer the matter to a mediator, with the Law Society of New South Wales appointing one if the Parties cannot agree. The mediator will determine the time and place for mediation, which the Parties must attend in good faith. This process does not prejudice other rights under these Sales Terms, law, or equity.
8. Consumer Law, Return, Refund, and Exchange Policy
Under the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), you may have Statutory Rights that cannot be excluded. Our Products come with Consumer Guarantees for consumers as defined by the ACL, including remedies for major failures or services not rendered with due care and skill. Our liability to consumers is governed solely by the ACL and these Sales Terms. You are responsible for complying with all relevant employment legislation and agreements. Nothing in these Sales Terms excludes, restricts or modifies any applicable consumer guarantee, Statutory Right or remedy that cannot lawfully be excluded, restricted or modified. Any disclaimer, exclusion or limitation in these Sales Terms applies only to the extent permitted by law. For refunds, contact us with proof of purchase and evidence of a faulty Product. Refunds are issued after inspection, using the original payment method. Subject to Statutory Rights, we do not provide refunds for change of mind.
9. Limitation of Liability and Disclaimers
Site information is provided in good faith on an "as is" basis. We make no representations or warranties about its reliability, accuracy, or completeness, except for Statutory Rights. To the extent permitted by law, we exclude all conditions and warranties and are not liable for:
- Site or Product unavailability;
- Any loss, damage, injury, costs, or expenses (including consequential losses) arising from the Site, Products, or these Sales Terms, even if advised of such likelihood.
Subject to section 8, section 3A.7 and any liability that cannot lawfully be limited, our total liability, however arising, will not exceed the total price paid for the Products. This clause survives termination of these Sales Terms.
10. Amendment
We may amend these Sales Terms with 14 days’ notice. Your purchase after amendments constitutes acceptance. If amendments detrimentally affect your rights, you may terminate these Sales Terms within 14 days of notice without penalty. Check the current Sales Terms before purchasing. Our agents, employees, or third parties cannot amend these Sales Terms.
11. Indemnity
You indemnify us against all claims, liabilities, costs, and expenses (including legal costs on a full indemnity basis) resulting from your breach of these Sales Terms. You agree to cooperate (at your expense) in handling disputes or litigation arising from your use of our Products. This clause survives termination.
12. General
- Privacy: We comply with the Australian Privacy Principles under the Privacy Act 1988 (Cth).
- Accuracy: We strive to keep Site information accurate but make no guarantees about its completeness or suitability.
- Termination: We may refuse supply, terminate our contract, or remove/edit Site content at our discretion if you breach these Sales Terms (non-remediable or remediable without correction within 5 days).
- GST: GST, where applicable, is included in invoices.
- Relationship: These Sales Terms do not create a partnership, joint venture, or employer-employee relationship.
- Force Majeure: We are not liable for delays due to circumstances beyond our control.
- Notice: Notices must be in writing and delivered via email, facsimile, or post.
- Waiver: Failure to enforce any provision does not waive future rights.
- Assignment: You may not assign rights or obligations without our written consent.
- Severability: Invalid provisions are severed, leaving remaining terms valid.
- Jurisdiction: These Sales Terms are governed by the laws of New South Wales and the Commonwealth of Australia, with exclusive jurisdiction in New South Wales courts. Access from outside Australia is at your own risk.
- Entire Agreement: These Sales Terms and referenced documents constitute the entire agreement, superseding prior agreements.