In these Sales Terms and Conditions ("Sales Terms"), "we," "us," or "our" refers to JobSearch Pty Ltd, ABN [Insert ABN], its successors, and assignees. "You" or "your" refers to the person, organisation, or entity purchasing job advertisement listings from us, collectively referred to as the "Parties." These Sales Terms apply to all job advertisement sales made by us to you and are available at www.jobsearch.com.au ("Site"). These Sales Terms form the agreement under which we supply job advertisement listings ("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, though displaying it to job seekers is optional. 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.
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. Pre-purchased job advertisement listings are non-refundable and non-creditable for unused listings. 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. Except for Statutory Rights, Products are provided without warnings, and we disclaim implied warnings of merchantability or fitness for purpose. For refunds, contact us with proof of purchase and evidence of a faulty Product. Refunds are issued after inspection, using the original payment method. We do not accept returns 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.
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.