Advertisers on www.EthicalJobs.com.au ("Site") agree to be bound by the following terms and conditions.
1. Before posting an advertisement for a paid employment vacancy, the Advertiser must purchase Advertising Credit. Each Advertising Credit gives the holder rights to post one advertisement, subject to clause 2.
2. EthicalJobs.com.au (ABN 45 133 489 657) allows employers to advertise job vacancies for "ethical jobs". For the purposes of this site, ethical jobs are jobs that contribute to a more equitable, more just or more sustainable world, as judged by EthicalJobs.com.au. Specifically, advertisements must fulfill one or more of the following criteria:
a) Any job in an organisation where the organisation"s primary focus is contributing to a more equitable, more just or more environmentally sustainable world.
b) A job within any organisation or company where the job itself is largely focused on creating a more equitable, more just or more environmentally sustainable world.
Any organisation that derives income or receives significant funding the tobacco, military, gambling or uranium industries is excluded from advertising on EthicalJobs.com.au.
3. EthicalJobs.com.au reserves the right to withdraw without notice to the Advertiser any advertisement that appears to EthicalJobs.com.au not to fulfil one or more of the criteria above.
4. Advertisements which appear on EthicalJobs.com.au do not in any way imply an endorsement of an employer or of any practices of that employer.
5. EthicalJobs.com.au reviews all job advertisements prior to publication and reserves the right to withdraw without notice to the Advertiser any advertisement that may in our view be in breach of any clause of this agreement or of any law or regulation.
6. EthicalJobs.com.au also reserves the right to terminate this agreement if the Advertiser posts any advertisement that may be in breach of any law or regulation. Further, EthicalJobs.com.au reserves the right to, at our absolute discretion, reject or remove any advertisement from the Site for any reason.
7. In the case where an advertisement is rejected or withdrawn by EthicalJobs.com.au, EthicalJobs.com.au will, at its own discretion, either refund to the Advertiser the amount paid minus an administration fee, or grant to the advertiser one advertising credit for every withdrawn advertisement.
8. All amounts owing to EthicalJobs.com.au by Advertisers must be paid within 14 days of the date of invoice notwithstanding any errors or omissions in any advertisement placed on the Site. EthicalJobs.com.au may charge Advertisers interest on late payment at the rate of 12.5% per annum and reserves the right to recoup any collection costs incurred from the Advertiser. EthicalJobs.com.au also reserves the right to disable an Advertiser"s account with EthicalJobs.com.au without notice and refuse to supply further services to an Advertiser"s organisation if EthicalJobs.com.au"s invoice is not paid within the above required trading terms.
9. Advertisers are obliged to pay for the services that Ethicaljobs.com.au agrees to provide you with regardless of whether you utilise or fully utilise those services. If an Advertiser does not provide Ethicaljobs.com.au with the necessary materials or information for Ethicaljobs.com.au to deliver these services, the Advertiser is still liable to Ethicaljobs.com.au for full payment.
10. As a condition of using any services supplied by EthicalJobs.com.au, Advertisers must comply with the Human Rights and Equal Opportunity Commission Act 1986 (C"th) and all anti-discrimination and equal opportunity legislation applicable in the State or Territory in which they conduct business. Where an exemption to comply with the legislation has been granted, the exemption number must be included in the advertisement submitted to EthicalJobs.com.au.
11. Advertisers indemnify and will keep indemnified EthicalJobs.com.au, its officers, employees and agents against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by EthicalJobs.com.au in connection with:
1. any breach of this agreement by the Advertiser;
2. any negligent act or omission by the Advertiser;
3. the listing or proposed listing of any advertisement by an Advertiser on the Site or any related site; or
4. an actual or alleged breach by an Advertiser of any law, legislation, regulations, by-laws, ordinances or codes of conduct which occurs a consequence of the Advertiser"s advertisement appearing on the Site.
12. EthicalJobs.com.au cannot and does not guarantee or warrant to the Advertiser 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. Advertisers are responsible for implementing sufficient procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
13. EthicalJobs.com.au provides no warranty to Advertisers that services generally available through the Site will be uninterrupted or error free. EthicalJobs.com.au agrees to use its reasonable endeavours to ensure that any disruptions to or a denial of access to the Site will be remedied as quickly as possible.
14. EthicalJobs.com.au will not be liable for any delay or failure to perform its obligations under this agreement if such a delay or failure is due to circumstances beyond its reasonable control.
15. EthicalJobs.com.au makes every effort to avoid errors in advertisements it has agreed to post to the Site. However, EthicalJobs.com.au accepts no responsibility or liability for any errors and requires that Advertisers check their advertisements for errors as soon as they are placed on the Site. All reasonable efforts will be undertaken by EthicalJobs.com.au to edit errors brought to our attention as soon as reasonably possible.
16. EthicalJobs.com.au agrees to use reasonable efforts to publish advertisements in the shortest possible time. EthicalJobs.com.au is not liable for any loss or damage incurred by an Advertiser as a result of any failure or delay in listing an advertisement.
17. The Advertiser warrants and undertakes that:
1. it has the legal capacity and power to enter into this agreement and perform its obligations under it;
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 EthicalJobs.com.au will be free of infection or viruses; and
4. it will not use the Site for any illegal purpose.
18. Advertisers agree at all times to deal with any information or products provided by EthicalJobs.com.au 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).
19. Advertisers agree not to use the Site to post any pyramid scheme on the Site and also agree not to ask or require any candidate 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 in the job advertisement itself or in any communication with the candidate that takes place as a result of a job advertisement placed on the Site.
20. Advertisers agree not to use any feature of the Site to send unsolicited commercial email to candidates, whether individually or as a group.
21. Advertisers must adhere to the principles of truth in advertising set out in the RCSA"s code of Practice. Advertisers placing advertisements for permanent positions should only place job ads for permanent positions for which they have permission to recruit.
22. Advertisers must ensure that all advertisements posted to the Site comply with all applicable legislation, regulations, by-laws, ordinances and codes of conduct, including but not limited to the:
1. Trade Practices Act 1974 (Cth), including but not limited to s.53B which requires that Advertisers that are companies not mislead persons seeking employment as to the availability, nature, terms or conditions or, any other matter relating to the employment opportunity being offered;
2. Fair Trading Acts in all applicable States and Territories;
3. Privacy Act 1988 (Cth) including the National Privacy Principles; and
4. Estate Agents Acts in all applicable States and Territories.
23. Advertisers may not assign or transfer any rights and obligations pursuant to this agreement to any other person or entity without EthicalJobs.com.au"s prior written approval (which will not be unreasonably withheld). If the Advertiser is a company, any change in the Advertiser"s effective control shall be deemed an assignment for the purpose of this clause.
24. Advertisers agree that EthicalJobs.com.au retains all intellectual property rights contained in any of the goods and services provided to the Advertiser by EthicalJobs.com.au
25. Advertisers acknowledge and agree that EthicalJobs.com.au acts as a medium through which individuals seek employment opportunities and that EthicalJobs.com.au does not vet nor is it responsible for vetting job candidates or the representations (whether oral or in writing) made by them. EthicalJobs.com.au disclaims all liability for any loss, costs, damages or loss of profits sustained as a consequence of any Advertiser employing or engaging any person sourced through the EthicalJobs.com.au Site.
26. Advertisers understand and agree that the following actions constitute a new/additional job advertisement under this agreement: copying a job ad; reposting an expired, archived or deleted job ad; changing the location of an ad; extending a live job ad beyond 45 days. Minor changes to job ad body copy and ad title, work type, sector and classification categories do not usually constitute a new job ad.
27. Advertisers acknowledge and agree that they must only advertise one job role per job advertisement posted on to the EthicalJobs.com.au Site. Where Advertisers have breached this obligation and have advertised multiple job roles in the one job advertisement, EthicalJobs.com.au reserves the right to - with the Advertiser’s permission - advertise the roles as individual job advertisements, and charge the Advertiser for the number of job advertisements posted on to the EthicalJobs.com.au Site.
28. EthicalJobs.com.au reserves the right and Advertisers must accept as a condition of advertising on the Site, EthicalJobs.com.au"s right to re-classify advertisements posted to the Site, entitling EthicalJobs.com.au to withdraw advertisements from one category of its Site and to re-publish advertisements in another category on the Site.
29. Advertisers creating an Employer account on EthicalJobs.com.au accept that the account details, including usernames and passwords, belong to the Advertiser"s organisation, and may be shared by EthicalJobs.com.au with other employees of the Advertiser as we see fit.
30. Advertisers placing "Featured Ads" agree and acknowledge that:
1. Purchasing a Featured Ad entitles the Advertiser to a job advertisement which appears, alongside other Featured Ads, at the top of search results for searches that match the job, for a period until the ad expires.
2. Unless the context requires otherwise, all other terms and conditions of these Advertising Terms of Use shall apply to "Featured Ads".
31. EthicalJobs.com.au reserves the right at all times without the need to have to provide any notice to Advertisers, to alter the functionality and appearance of its products and services available from EthicalJobs.com.au or through the Site, where EthicalJobs.com.au believes changes are required in order to promote a consistent experience for job applicants using the Site or to enable EthicalJobs.com.au to provide a more relevant ranking of job advertisements appearing on the Site for job seekers, including but not limited to the appearance of the job advertisements appearing on the EthicalJobs.com.au Site.
32. If an advertiser has purchased Advertising Credits in error, they may request a refund from EthicalJobs.com.au within 14 days of purchase, provided the credits have not been used to advertise a job at that point in time. No refund will be provided for purchases made more than 14 days prior.
33. Advertisers must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to EthicalJobs.com.au without EthicalJobs.com.au"s prior written approval.
34. If any part of this agreement is held invalid that part shall be severed from this agreement and the remainder of this agreement will continue to be valid and enforceable.
35. Termination of this agreement will not end those provisions that are capable of surviving the ending of this agreement.
36. This agreement is governed by the laws of Victoria. Advertisers irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of Victoria, and waive any objection to legal action being brought in those Courts on the grounds of venue or inconvenient forum.
37. EthicalJobs.com.au reserves the right to alter these terms without notice to Advertisers.