Australia Terms of Agreement

Terms of use

 

This agreement is to set out the terms and conditions between Give a Grad a Go [‘we’ or us’] and the job-seeker [‘Candidate’ or ‘you’] whereby the Candidate has registered with Give a Grad a Go for a job opportunity with a Client [‘Employer’]. This agreement is accepted by you on the date of your registration.

1. Give a Grad a Go endeavours to ensure the suitability of any Employer introduced to the Candidate.

2. The Candidate agrees:

3. That Give a Grad a Go will only introduce the Candidate to the Employer. Give a Grad a Go does not guarantee any recruitment or other kind of engagement by the Employer which will depend upon the absolute discretion of the Employer. If selected, the candidate will be under the supervision, direction and control of the Employer without any liability upon Give a Grad a Go;

4. That the Candidate is not an agent of Give a Grad a Go and do not have authority to enter into any commitment on our behalf unless specifically authorised in writing by us;

5. To fully co-operate and complete the recruitment process under the instruction of the Employer and to notify Give a Grad a Go immediately when any engagement is accepted with the Employer;

6. You have all the qualifications, whether medical or occupational and skills and experience for the purpose required by the Employer as communicated by us. All the certificates and information as attached to this agreement in support of your undertaking are self-verified by you to be true and correct;

7. That you will not discuss the terms of this agreement and/or any information supplied by us with any third party to the prejudice of Give a Grad a Go’s business interest;

8. That you are aware of the legal or professional requirements that must be satisfied before the work in question is carried out and if selected or engaged by the Employer, you will comply with:

9. all laws and regulations relating to work,

2. the specific instructions and policies of the hirer;

10. To indemnify Give a Grad a Go for any breach of this agreement on your part;

11. Not to enter into any relationship with the Employer by bypassing Give a Grad a Go during this agreement or within one year from the date of its termination.

12. The Candidate understands that all information about the Employers and details of any vacancy with them as may be communicated from time to time by Give a Grad a Go to you are confidential. If without the written approval of Give a Grad a Go, any such information is passed to a third party which results in loss of any income or business opportunity to the Give a Grad a Go, the Candidate will be liable to indemnify Give a Grad a Go’s loss of fees that it was to receive from the Employer..

13. This agreement shall continue unless it is terminated as under:

14. By either party on a written notice of 30 days. This notice requirement of 30 days may be waived by the written consent of the party receiving such notice;

15. By either party immediately upon giving notice in writing or via email in the following circumstances:

16. the Candidate is in breach of any of the terms of this agreement; or

2. the Candidate is or becomes incompetent or negligent in respect of any of his obligations under this agreement as per the sole discretion of Give a Grad a Go; or

3. the hirer terminates its agreement with Give a Grad a Go for which the Candidate has been or was to be introduced.

17. Notwithstanding termination of this agreement for whatever reason, all the provisions that are intended to operate or have effect after termination or expiration shall continue in full force and effect.

18. Give a Grad a Go shall not be liable to the Candidate under or in connection with this agreement for any indirect or for consequential loss or damage or any loss or damage to profit, revenue, savings, use, contract, goodwill or opportunity.

19. For the purposes of the Data Protection Act 1998 the Candidate consents to the processing of all or any personal data (in manual, electronic or any other form) relevant to this agreement, by Give a Grad a Go and/or any agent or third party nominated by Give a Grad a Go and bound by a duty of confidentiality. Processing includes but is not limited to obtaining, recording, using and holding data and includes the transfer of data to any country either inside or outside the EEA.

20. The failure by either party to enforce at any time or for any period any one or more of the terms or conditions of this agreement shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this agreement.

21. In the event of a dispute arising out of or in connection with this agreement and which has not been resolved following discussions and negotiations between a person or persons appointed or authorised by the Give a Grad a Go and the Candidate then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

22. This agreement shall be governed by and construed in accordance with the Laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the England and Wales courts.

Terms of use

 

This jobs board is owned and operated by Give-A-Grad-A-Go Ltd (“We” or “Us” or “Our”) and is made available to you on the following terms and conditions (“Terms”).

By using or accessing the Site and the Services available on it, you acknowledge and accept these Terms and any additional terms and conditions which expressly apply to services and information provided by third parties. We may at any time change these Terms of Use or any other content of this website.

 

Who we are and how to contact us

 

We are registered in Australia under Australian Company Number 126 128 989. Our principal place of business is Level 13, 68 York Street Sydney, NSW 2000.

To contact us, please fill out our Contact Us form or call us on 020 7100 8800

These Terms set out the information applicable to Customers who wish to use or access the Site. If you are a Candidate please visit the Candidate terms and conditions.

 

1. Definitions

 

1.1.  In these Terms the following words shall have the following meanings:

‘Advertising Rules’ means Our rules regarding the content and format of jobs posted on the Site, as set out in clause 8.4.

‘Anti-Discrimination Legislation’ means the Age Discrimination Act 2004, the Disability Discrimination Act 1992, the Racial Discrimination Act 1975 and the Sex Discrimination Act 1984.

‘Bespoke Bundle’ means an advertising bundle, including the purchase of jobs credits and other services, which has been specifically agreed between Us and the Customer.

‘Business Day’ means between 9am and 5pm Monday to Thursday and between 9am and 4pm on Friday, excluding any Australian public or bank holiday

‘Candidate’ means any individual who posts their CV on the Site or who applies for a vacancy advertised by the Customer.

‘Contract’ means the contract between Us and the Customer for the provision of the Services governed by these Terms and the documents referred to in them.

‘Customer’ means any person, company, organisation or firm which purchases Services from Us and includes Employer where applicable.

‘Data Protection Laws’ means The Privacy Act 1988 (Cth) and Privacy Regulation 2013.

‘Employer’ means the organisation which has a vacancy to fill.

‘Expiry Date’ means 30 days after a job advert’s Go Live Date.

‘Go Live Date’ means when a job ad is visible to Candidates on the Site.

‘Order’ means the Customer’s purchase of a Standard Bundle.

‘Order Confirmation’ means an email from Us to confirm that We have accepted your Order.

‘Portal’ means that part of the Site where Customers can manage their Orders and view Candidate applications.

‘Parties’ means the Customer and Give-A-Grad-A-Go Ltd.

‘Payroll Tax Legislation’ means the Payroll Tax Act 2007 (NSW), the Payroll Tax Act 2009 (NT), the Payroll Tax Act 1971 (Qld), the Payroll Tax Act 2009 (SA), the Payroll Tax Act 2007 (Vic), the Payroll Tax Act 2008 (Tas) and the Payroll Tax Act 2002 (WA).

‘Services’ means access to the Site.  For the avoidance of doubt, for the purposes of these Terms, Services does not include our Recruitment Services as defined in clause 4.7.

‘Site’ means the jobs board provided by Us and includes, unless expressly stated otherwise, access to the Portal.

‘Standard Bundle’ means an advertising bundle including the purchase of job credits, which is not a Bespoke Bundle.

 

2. Acceptance of these terms

 

2.1.  By using or accessing the Site, you confirm that you accept these Terms and that you agree to comply with them.

2.2.  If you do not agree to these Terms, you must not use or access the Site.

2.3.  We recommend that you print a copy of these Terms for future reference.

2.4.  We amend these Terms from time to time. Every time you wish to use or access the Site, please check these Terms to ensure you understand the terms that apply at that time. The ‘Last Updated’ date is the date at which these Terms were most recently revised.

 

3. Basis of Contract

 

3.1.  The Contract shall comprise the Order (or where applicable, the Bespoke Bundle specification) and these Terms to the exclusion of all other terms and conditions (including any terms or conditions which the Customer purports to apply under any purchase order, confirmation of order or other document). If there is a conflict between the Order (or Bespoke Bundle specification) and these Terms, the documents shall rank in the following order of precedence:

(i) Order (or Bespoke Bundle specification);

(ii) These Terms.

3.2.  Our order process allows you to check and amend any errors at “checkout stage” before submitting your Order to Us. You can order additional credits and bolt-ons at this stage, or at a later date in the Portal.  Please check the Order carefully before submitting it. You are responsible for ensuring that your Order is complete and accurate as you cannot cancel either a Standard Bundle or a Bespoke Bundle after you have purchased it. You may edit a job ad advertisement any time up to its Expiry Date.

3.3.  If the Services are unavailable for a period of time due to technical or maintenance reasons, We will extend the applicable job advertisement for a period equivalent to the downtime of the Site.

 

4. Our Services

 

4.1.  We will provide you with the Services:

4.1.1.  Where a Standard Bundle is purchased, on receipt of payment in respect of your Order.

4.1.2.  Where a Bespoke Bundle is purchased, on the date agreed between Us and you.

4.2.  Any descriptions or examples on the Site are published for the sole purpose of giving an approximate idea of the Services described in them. They will not form part of the Contract or have any contractual enforceability.

4.3.  Subject to Our right to amend the specification (see clause 4.4) We will supply the Services to you in accordance with the specification for the Services appearing on the Site at the date of your Order in all material respects.

4.4.  We reserve the right to amend the specification of the Services if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Services.

4.5.  We warrant to you that We will use reasonable care and skill in providing the Services to you.

4.6.  We will use all reasonable endeavours to meet any performance times specified in the Order Confirmation, but any such dates are estimates only and failure to provide the Services by such times will not give you the right to cancel your Order or terminate the Contract.

4.7.  For the avoidance of doubt, when we provide the Services, we are not acting as an employment agency or employment business as defined in Payroll Tax Legislation.  Instead We are providing a platform for Customers, Employers and Candidates to communicate with each other.  Where We act as an employment agency (introducing candidates to employers for direct engagement) or an employment business (supplying temporary workers to employer), We are providing recruitment services (our “Recruitment Services”), and our terms and conditions for Recruitment Services will apply. Please contact Us if you are interested in our Recruitment Services.

 

5. Your Obligations

 

5.1.  As the Customer, you must ensure that:

5.1.1.  your Order is complete and accurate;

5.1.2.  you co-operate with Us in all matters relating to the Services;

5.1.3.  you provide Us with such information and materials We may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects; and

5.1.4.  you comply with all applicable laws.

5.2.  If We cannot perform the Services, or the Services are delayed, because you have not fulfilled any obligation listed in clause 5.1 (“Your Default”):

5.2.1   We will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve Us from the provision of the Services, in each case to the extent Your Default prevents or delays performance of the Services. In certain circumstances Your Default may entitle Us to terminate the contract under clause 12 (Termination);

5.2.2.  We will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from Our failure or delay to provide the Services; and

5.2.3.  You agree to indemnify Us and must reimburse Us on written demand for any costs or losses We sustain or incur arising directly or indirectly from Your Default.

5.3.  You agree to deal fairly and professionally and to comply with all laws relevant to Candidates including but not limited to the Fair Work Act 2009 (Cth), Fair Work Regulations 2009 (Cth) and the Anti-Discrimination Legislation. You must not do anything which may bring Us or the Services into disrepute. You will indemnify Us from and against any claim brought by an individual against Us arising from your breach of this obligation or any other of these Terms.

5.4.  You acknowledge that We do not assess the suitability of any Candidate for any vacancy they apply for.  You are responsible for checking the suitability of all Candidates who submit Candidate Applications.  Employers are also responsible for ensuring successful Candidates have the right to work and meet all visa and immigration requirements in the country in which they will work.  We accept no liability for your failure to assess to the suitability of any Candidate.

 

6. Charges

 

6.1.  Unless otherwise agreed, you must pay Our charges (the “Charges”) in advance to be able to post job ads on the Site.

6.2.  The Charges are the prices shown on the Order and are determined by the bundle you purchase.

6.3.  Our Charges are exclusive of GST which We shall apply, where applicable.

6.4.  A job ad posted on the Site will remain live until the Expiry Date. If you wish to extend a job ad beyond the Expiry Date, We will charge this as a new posting. A single job is identified by its unique ID number. If you delete a job and then either repost it or post another job ad, this will be classed as two jobs.

6.5.  Job credits do not expire. We will not refund any Charges paid for job credits not used.

6.6.  We reserve the right to vary the Charges.  Such varied charges will apply to any Orders placed after the varied Charges comes into effect.

 

7. Payment methods and credit terms

 

7.1.  Standard Bundles: You must pay for the Services in advance by credit or debit card or contact Us to request a sales invoice. Job postings will go live once payment has been received.

7.2.   Standard Bundles: On receipt of cleared funds, We will send you an electronic receipt and grant you access to the Site.

7.3.  Bespoke Bundle: When We have agreed the contents of your Bespoke Bundle, We will send an electronic invoice to your nominated email address of your main contact . You must pay the invoice within 14 days of the date of the invoice. We will grant you access to the Site when we send our invoice.  In the event that you do not pay our invoice by the due date We reserve the right to suspend access to the Site until we receive full payment. You will only be able to post job ads on the Site when you purchase job credits. We will only grant credit where the Customer achieves a satisfactory credit check. We reserve the right to periodically review your credit terms.

7.4.  You must pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by the applicable law).

7.5.  In the event that you do not pay the Charges by the due date, We reserve the right to charge interest on late payments. Interest on late payments will be charged at the rate of 10% per annum, calculated daily.

 

8. Advertising your Vacancies

 

8.1.  We will endeavour to achieve Go Live Date for your job ad within 2 Business Days of receipt of your Order.  If you post more than 10 job ads per Business Day, We cannot guarantee that they will achieve Go Live Date within 2 Business Days. Job ads received after the end of the relevant Business Day will be deemed received on the next Business Day.  Time will not be of the essence for achieving Go Live Date.

8.2.  For a first time Customer who pays online via the Site, We need to carry out some security checks before jobs go live. If it is not possible to verify this from the information provided, We will contact you to request further information. This may delay the time it takes for jobs to go live. The information collected may include information about credit worthiness, credit standing, credit history or credit capacity that credit providers are entitled to give to each other under the Privacy Act 1998 (Cth) as amended from time to time. By acceptance of our terms you expressly consent to the verification of information as part of our usual business processes.

8.3.  We will confirm by email when your job adverts have gone live on the Site.

8.4.  You agree only to post job ads which comply with Our Advertising Rules which are as follows:

8.4.1.  you must not copy any job ads at the expense of other Customer’s jobs;

8.4.2.  You should not over-use keywords in job descriptions or job titles for the sole purpose of influencing position in the results listing, or increasing the number of page views;

8.4.3.  you should only advertise genuine employment vacancies. You may not advertise other products or services, whether related to recruitment or not, including but not limited to training courses, franchises, surveys or business opportunities;

8.4.4.  you must not charge or accept any fee or other payment from any Candidate;

8.4.5.  you must not require or request Candidates to provide or purchase any material, merchandise or services as part of accepting or performing any role advertised;

8.4.6.  your job ad must not discriminate on the grounds of any protected attribute under Australian law, including under the Anti-Discrimination Legislation.  We will only accept job ads if you confirm in writing that any requirement or qualification which may appear to discriminate illegally complies with any exemption available under the relevant legislation. Even if you give us such confirmation, if We nonetheless believe that an advertisement may be discriminatory We may at Our sole discretion either amend the job ad or remove it from the Site without liability to you to make any refund of amounts paid or due to be paid in respect of the post or otherwise, and We will inform you accordingly;

8.4.7.   You must not infringe the copyright or trademarks of any third party (including your client, where the Customer is an employment agency or employment business);

8.4.8.  all job ads must adhere to good standards of spelling, punctuation, and grammar. They must not include any gimmicky, inappropriate or discriminatory language; and

8.4.9.  you should remove any job ad when the vacancy has been filled, or you are no longer looking for Candidates or accepting Candidate applications. Otherwise all job ads will automatically on the Expiry Date.

8.5.  You agree that We may, at Our sole discretion and without liability to you, remove from the Site any advertisement which is posted in breach of Our Advertising Rules.

 

9. Candidates’ Responses to Advertisements

 

9.1.  We do not guarantee any response to your job ad or that responses will be from Candidates suitable for the job advertised. As set out in clause 5.4, it is the Customer’s or Employer’s responsibility to carry out such suitability checks as are necessary to ensure that Candidates are suitable for the job advertised.

9.2.  We reserve the right to amend some of the job details and the layout of the advert that you supply in order to optimise your job ad. This may also include changes to the structure and visual display of content and media.

9.3.  You acknowledge that We own and retain all rights, title and interest in any content or format created by Us for the purpose of creating a job posting for our customers. This includes but shall not be limited to text, graphics, photos, trademarks, logos and other materials (collectively the “Content”) provided or created by Us. Except as granted in these Terms, any use of the Content, including modification, transmission, presentation, distribution, republication or other exploitation of the Site or of any Content, whether in whole or part, is prohibited without the express prior written consent.

9.4.  Your use of the Site and/or any Content does not grant or transfer to you any ownership or other rights in the Sit and/or any Content, and except as expressly provided, nothing in these Terms or within the Site and/or any Content shall be construed as conferring on you or any other person or entity any license under these Terms or any third-party intellectual property rights. Any rights not expressly granted to you in these Terms are expressly reserved.

9.5.  We reserve the right to conduct tests across any of our sites, services, products and features in order to improve their effectiveness. You agree to such tests without notice to you.

 

10. Application Data and Data Protection

 

10.1.  When a Candidate responds to a job ad, a notification will appear on the dashboard of your Portal. We will also send you an email notification of a Candidate application if you have asked to receive email notifications.

10.2.  A Candidate’s application data (“Application Data”) will be stored on your Portal. Application Data includes any documentation they submit in response to your job ad, including but not limited to a CV, a cover letter, documents confirming training, experience or qualifications, references and any personal data as defined in the Data Protection Laws. You will be able to manage the Application Data through the Portal. If you delete the Portal you will lose all Application Data and all job ads posted on the Portal.  If  you want to store and/or save any of the Application Data, you must download these onto your own databases in accordance with these Terms and the Data Protection Laws.  You must ensure that you have a legal basis for processing the Application Data in this way.

10.3.  As a controller of Application Data, We will comply with Our responsibilities under the Data Protection Laws in respect of such notes, which may include disclosure of Application Data to the Candidate if the Candidate submits a request to access their data.   You acknowledge that We may delete such Application Data without notice to you in line with our general policies on retention and deletion of data relating to Candidates, including where the Candidate to whom the Application Data relates decides to delete their profile.

10.4.  For the purposes of the Data Protection Laws you are a joint controller of Application Data held on your Portal. You agree you will be responsible for ensuring that any Application Data which you enter is accurate, deleting Application Data when you no longer require it, and responding in a timely fashion to any request from a Candidate seeking to exercise their rights under the Data Protection Laws, including requests which We receive and pass to you because we are not able to assess them, for example where a Candidate asks for inaccurate data to be corrected.

10.5.  We may in future provide functionality for integration of applicant tacking systems (“ATS”) with the Site.  When such functionality is available, Candidates will be able to submit applications directly to your ATS. When you receive a Candidate’s application into your ATS (the “Candidate ATS Data”), you will be the data controller of that Candidate ATS Data. You agree that you will be responsible for deleting the Candidate ATS Data when you no longer require it, and responding in a timely fashion to any request from a Candidate seeking to exercise his rights under the  Data Protection Laws, including requests which we receive and pass to you. You also agree that you will use the Candidate ATS Data (i) consistently with the Data Protection Laws and your privacy notice if your ATS provider has provided Us with your privacy notice or (ii) only to process their application for the specific job which they have applied for, if your ATS provider has not provided Us with your privacy notice.

10.6.  If a Candidate requests their Application Data be deleted:

10.6.1.  if the Candidate sends the deletion request directly to Us, We will remove their Application Data from the Site within 5 Business Days so far as we can.  For the avoidance of doubt we cannot delete Application Data from your Portal and so We will also send the Candidate’s deletion request to you to process in the Portal;

10.6.2.  if the Candidate sends the request directly to you: unless you have a legal basis for retaining the Application Data, you must delete the Application Data without delay.  Where you delete the Candidate’s Application Data, this means that if the Candidate completed an application or provided further supporting material(s) for any of your job advert(s) that Application Data will be removed from the Portal..

10.7.  For the avoidance of doubt, you must not download or transfer any Candidate Application Data from the Portal to your own databases even if the job ad is still live once you or We have actioned the Candidate’s request to delete under clauses 10.6.1 or 10.6.2

10.8.  If you become aware of any claim by any Candidate against you as a result of breach of the Data Protection Laws, you must notify us immediately. You will indemnify Us for any liability, fines or sanctions imposed upon us as a result of any act or omission by you relating to the Data Protection Laws.

 

11. Content of Job Ads and Intellectual Property

 

11.1.  Where you are a Customer, posting jobs ads for your own Employer clients you accept these Terms as principal, even if you are acting as agent or buyer for those Employers.

11.2.  You are responsible for the content of material you supply and for ensuring that you have the right to supply it to Us and that it complies with all relevant legislation and codes of practice. You undertake that you will have express permission to use any logos or trademarks included in your job ads.  If We receive complaints about any material or its content, or any logos or trademarks, We may at Our sole discretion, remove the material, logos or trademarks from display without telling you in advance.  If we do remove any materials, logos or trademarks we will not be liable to you for any losses or damage you may incur. You hereby indemnify Us against any claim that the material, logos or trademarks infringes the intellectual property rights or other rights of others or is defamatory or otherwise offensive.

11.3.  If you are an employment agency or an employment business (as defined by the EEA Payroll Tax Legislation) it is your responsibility to ensure the advertisements you place on the Site comply with the applicable laws governing Employment Agency Contracts.

 

12. Termination

 

12.1.  Without limiting any of Our other rights, We may suspend the performance of the Services, access to the Site or terminate the Contract with immediate effect by giving written notice to you if:

12.1.1.  you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 7 days of you being notified in writing to do so;

12.1.2.  you do not pay any amount due under the Contract by the due date for payment;

12.1.3.  you take any step or action in connection with you entering into any of the following: administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;

12.1.4.  you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business;

12.1.5.  your financial position deteriorates to such an extent that in Our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.

12.2.  Termination of the Contract will not affect your or Our rights and remedies that have accrued as at termination.

12.3.  Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.

 

13. Assignment

 

13.1.  We may assign or subcontract any or all of our rights and obligations under these Terms to an assignee or sub-contractor.  If we exercise our right to subcontract any or all of our obligations under this Agreement to a member of our Group, we will immediately resume the performance of such obligations on such sub-contractor ceasing to exist.

13.2.  You may not assign or subcontract any of your rights or obligations under these Terms.

 

14. Events outside our control

 

14.1.  We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under the Contract that is caused by any act or event beyond Our reasonable control (an “Event Outside Our Control”).

14.2.  If an Event Outside Our Control takes place that affects the performance of Our obligations under the Contract:

14.1.1.  We will contact you as soon as reasonably possible to notify you; and

14.1.2.  Our obligations under the Contract will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over.

14.3.  You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact Us. If you opt to cancel We will refund the price you have paid, less the Charges reasonably and actually incurred by Us in performing the Services up to the date of the occurrence of the Event Outside Our Control.

 

15. Licence to use Employer’s Name Trademarks and Logos

 

You grant to Us a fully paid-up, worldwide, non-exclusive, royalty-free licence during the term of the Contract to use your name, trademarks and logos (the “Customer IP”) for the purposes of providing the Services and in Our marketing materials (including, but not limited to, websites and brochures) and that We may present examples of the services provided to and the materials published on your behalf.

 

16. Limitation of Liability

 

16.1.  Nothing in the Contract limits or excludes Our liability for:

16.1.1.  death or personal injury caused by Our negligence, or the negligence of Our employees, agents or subcontractors;

16.1.2.  fraud or fraudulent misrepresentation; or

16.1.3.  breach of the terms implied the Competition and Consumer Act 2010, including the Australian Consumer Law, or any other liability which cannot be limited or excluded by applicable law.

16.2.  Subject to clause 16.1 above, in no event will We be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

16.2.1.  loss of profits;

16.2.2.  loss of sales or business;

16.2.3.  loss of agreements or contracts;

16.2.4.  loss of anticipated savings;

16.2.5.  loss of use or corruption of software, data or information;

16.2.6.  loss of or damage to goodwill; and

16.2.7.  any indirect or consequential loss.

16.3.  Subject to clause 16.1, Our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited of the total Charges paid under the Contract.

16.4.  Except as expressly stated in these Terms, We do not give any representations, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, including without limitation the terms implied by the Competition and Consumer Act 2010, including the Australian Consumer Law, by common law or otherwise are, to the fullest extent permitted by law, excluded from the Contract.

16.5.  Nothing in these Terms limits or affects the exclusions and limitations set out in the terms and conditions for our Recruitment Services.

16.6.  This clause 16 will survive termination of the Contract.

 

17. Disclaimer

 

For the avoidance of doubt, whilst we endeavour to optimise the success of your job advertisements, we do not guarantee that you will receive a response to your job advertisement, or that a response will be from Candidates who are deemed to be suitable by you for the advertised position.

 

18. Severability

 

If any of the provisions of these Terms are determined by any competent authority to be unenforceable to any extent, such provision shall, to that extent, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by applicable laws.

 

19. Notices

 

All notices which are required to be given in accordance with this Agreement shall be in writing and may be delivered personally or by prepaid post to the registered office of the party upon whom the notice is to be served or any other address that the party has notified the other party in writing, including by email. Any such notice shall be deemed to have been served: if by hand when delivered; if by first class post 48 hours following posting; and if by email, when that email is sent.

 

20. Third Party Rights

 

A person other than the Parties to these Terms has no right to enforce any term of this Agreement. Nothing in the clause affects any right or remedy of a third party specified in these Terms.

 

21. Governing Law

 

21.1.   These Terms, their subject matter and its formation is governed by and must be construed in accordance with the laws of Australia. The Parties:

2.1.1.  Irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Australia; and

2.1.2.  Waive any right to object to proceedings being brought in those courts for any reason.

 

22. Entire Agreement

 

These Terms contain the entire understanding and agreement between the Parties on everything connected with the subject matter of these Terms, and supersedes any prior understanding, arrangement, warranty representation or agreements between the Parties as to the subject matter contained in this Deed.