1.1 All orders for Services shall be deemed to be an offer by you to purchase Services pursuant to these Conditions and are subject to acceptance by us. We may choose not to accept an order for any reason.
1.2 When making an order through the Website, the specific technical steps you need to take to complete the order process are described in the Recruiter area of the Website
2 PRICE AND PAYMENT
2.1 The prices of the various Services in force from time to time shall be that stipulated on the Website or that agreed separately in writing between us.
2.2 All prices quoted are exclusive of GST at the rate in force at the due time for payment.
2.3 We may establish payment methods which will allow you to pay for the Services through the Website and via a secure payment mechanism. If you choose to use this method of payment, you must abide by the terms we set out within it.
2.4 Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and we will be entitled immediately to cease or suspend the provision of the relevant Service until payment has been received.
3 OUR RIGHTS
3.1 We reserve the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. We shall make every effort to ensure prices are correct at the point at which you place an order.
3.2 We reserve the right to withdraw all or any of the Services from the Website at any time.
3.3 We shall not be liable to anyone for withdrawing the Services from the Website or for refusing to process an order.
4.1 If we start to perform our side of this Agreement with your agreement before you exercise this right to cancel, the right to cancel is lost.
4.2 Once content has been published to the Website you will be liable in full for all fees.
4.3 Cancellation of an order can only be accepted providing content has not already been published and at our sole discretion.
5 DISCLAIMER AND LIMITATION OF LIABILITY
5.1 Use of the Website/Services is at your own risk. The Website/Services are provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
5.2 We give no warranty that the Website/Services will meet your requirements, that the Content will be accurate or reliable, that, in accordance with the general Disclaimer, the functionality of the Website/Services will be uninterrupted or error free, that defects will be corrected or that the Website/Services or the server that makes them available are free of viruses or anything else that may be harmful or destructive.
5.3 Except as may be implied by law where you are dealing as a Consumer, in the event of any breach of these Conditions by us, your remedies shall be limited to damages which shall in no circumstances exceed the price of the Services in question and we shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever (including loss of opportunity, contract, bargain or loss of profit (normal or exceptional) or continued expenses or payments to temporary staff (on contract or from agencies or however) used to fill vacancies for which you have advertised with us).
5.4 Nothing in these Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our agents or employees nor for fraudulent misrepresentation.
5.5 Nothing in this Agreement shall affect your statutory rights as a Consumer.
6 YOUR CONTENT
6.1 In using the Services, you will electronically submit advertisements for jobs in common with our other advertiser clients ("Content") to the Website via the Website's online Recruiter's area for Work-Seekers to view Content, should they wish to do so.
6.2 Your Content will be automatically published by our systems (and without the assistance of any of our personnel) to the Website and we also offer you the facility to edit your advertisements already on the Website via the Recruiter area.
6.3 Your Content shall remain posted on the Website for such period of time as you decide. We however may remove the Content without notice to you and without reason.
6.4 You remain at all times completely and irrevocably responsible for all Content submitted electronically by you or representatives of you to the Website. We will not be liable or responsible for checking the Content to ensure it is correct, accurate, complete or that it does not contain any errors.
6.5 You will ensure that your Content complies with all applicable legislation, regulations, codes and guidelines applicable to such Content being advertised on the Website and the Website User Agreement.
7 CONTENT MANAGEMENT GENERALLY
7.1 We offer you the opportunity to search the online database of Work-Seekers stored on the Website. This is done by way of a direct database search using search tools on the Website or by way of automatic matching by the Website of Content.
7.2 On the Website you will be offered automatic links to other sites. We do not accept any responsibility for or liability in respect of the content of those sites, the owners of which do not necessarily have any connection, commercial or otherwise, with us. Using automatic links to gain access to such sites is entirely at your own risk.
7.3 We will not be liable for any errors, omissions or mistakes during the electronic processing of Content to the Website. You will be responsible for keeping your Content up to date and accurate using the recruiter area on the Website.
7.4 You warrant that you have, or will procure prior to submitting Content onto the Website, all necessary consents, permissions, releases and licences to provide the Content to the Website and to deal with it as described in this Agreement.
7.5 You will notify us of any and all complaints within 48 hours of such complaint being received.
7.6 We do not guarantee or promise that the advertisements placed on the Website will lead to a successful advertising campaign for you.
7.7 We will charge fees to you for the Services at rates published from time to time on the Website or as specifically quoted in writing by us. We reserve the right to amend fees and pricing without prior notice to you.
7.8 Notwithstanding any other provision of this Agreement, you will fully indemnify us from and against all claims, demands, actions, losses and damages, costs, charges, fines and expenses (including but not limited to reasonable costs and disbursements on a solicitor and client basis) arising from or incurred due to any infringement or alleged infringement of any third party intellectual property rights (particularly copyright, trade or business names, or trade marks) or for passing off allegations or actions caused by our use (pursuant to this Agreement) of the Content provided by you or you providing any Content which gives rise to any liability or expense which we suffer howsoever.
7.9 We may immediately delete, suspend, or refuse to accept any Content in accordance with the Acceptable Use Policy or the Contents Removal Policy and may change your Content's position on the Website without prior notice to you.
7.10 You must not under any circumstances seek to undermine the security of the Website nor seek to access, alter or delete any information to which we does not have authorised access, seek to overload the system via spamming or flooding, take any action or use any device, routine or software to crash, delay, damage or otherwise interfere with the operation of this Website or attempt to decipher, disassemble or modify any of the software, coding or information comprised in the Website.
7.11 You are responsible for ensuring that all information, data and files are free of viruses or other routines or engines that may damage or interfere with any system or data prior to being submitted to the Website.
8 USER ACCOUNT, PASSWORD AND SECURITY
8.1 If a particular Service requires you to open an account you will be required to complete the registration process by providing certain information and registering a username and password for use with the Services.
8.2 You are responsible for maintaining the confidentiality of the username and password and also for all activities that take place under your account.
8.3 You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security.
8.4 In no event will we be liable for any loss or damage whatsoever, whether direct, indirect or consequential resulting from the disclosure of your username and/or password before you inform us of any suspicion or evidence you have that your username and/or password may have been compromised and used by a party other than you.
8.5 You may not use another person's account at any time, without the express permission of the account holder who, as above, remains liable for everything that then occurs on the Website or the system generally which originates in or passes through your account.
9.1 Unless specifically agreed in writing, the resale of advertisements is not permitted. Any Recruiter found to be reselling or to have resold advertisements sold to them by us agrees to reimburse Jobbers LLP the difference between any reduced rates and our standard rates as published on the Website, for all advertisements that have been resold. The Recruiters account will be suspended indefinitely and no refund will be given for unused job credits.