CAREERONE SALES TERMS AND CONDITIONS
SALES TERMS & CONDITIONS
In these Sales Terms and Conditions (Sales Terms) ”we”, “us” or “our” mean CareerOne Pty Ltd trading as CareerOne ABN 14 009 061 572 its successors and assignees, (referred to as “we”, “us” or “our”) and you, the person, organisation or entity that purchases products from us (referred to as “you” or “your”), and collectively the Parties. These Sales Terms apply to all sales made by us to you. These Sales Terms are available at www.careerone.com.au (Site).
These Sales Terms form the agreement under which we will supply job advertisement packages and listings (products) to you. Please read these Sales Terms carefully. If you have any questions, please contact us using the contact details below, before you purchase products from us.
You accept our Sales Terms by making a purchase from us. Your purchase from us indicates that you have had sufficient opportunity to access these Sales Terms and contact us, that you have read, accepted and will comply with these Sales Terms, and that you are 18 years or older, or have the consent of a legal guardian who is 18 years or older. You must not order products from us if you are under 18 years of age or do not have the consent of a legal guardian who is 18 years or older. If you do not agree to these Sales Terms, you should not purchase from us.
We will provide a confirmation of account registration when you register on the Site.
It is your responsibility to keep your account details confidential. You are liable for all activity on your account, including purchases made using your account details.
- Products and Orders:
- You may order from us as set out on the Site. We may at our discretion accept or reject an order depending on factors including availability of products and our ability to validate payment for the products.
- It is your responsibility to check the order details, including product and pricing, before you complete your order on the Site.
- We will provide you with order details, which may include an order number, an order ID, the billing address and a description of what was ordered, when you order and pay on the Site and your payment has been validated.
- A binding agreement comes into existence between you and us once we have given you an order number. No changes to these Sales Terms will be effective unless we both agree to the changes in writing.
- Job advertisement listings:
- You acknowledge that each job advertisement listing will naturally expire after the set number of days stipulated by the product, from the date of publication.
- You agree that when you use the product, that each job advertisement listing must:
- relate to one unique job opportunity only;
- be correct, and it is your responsibility to contact CareerOne if there is an error;
- not contain any hyperlinks; and
- be posted in the correct job category.
- You acknowledge that we have the right to:
- disable any hyperlinks in a job advertisement;
- charge you for the actual number of jobs being advertised if multiple jobs are advertised in one listing; and
- re-categorise a listing that was incorrectly categorised.
- Any duplicate listings posted by clients will be de-duplicated automatically. CareerOne will audit and deter businesses from posting one job into multiple suburbs and categories. Businesses who have genuine job opportunities in multiple locations won’t be affected by this policy.
- Salary is a mandatory field of information for job advertisements. While providing salary will be required from advertisers, displaying the salary to job hunters will be optional.
- We do not allow commission only and/or multi-level marketing schemes. This includes direct selling, community selling and several other work-from-home opportunity arrangements. All jobs posted to CareerOne must be applicable to one of the following work type and contract type arrangements
- Work type: Full-Time, Part-Time or Casual.
- Contract type: Permanent, Fixed Term Contract, Volunteer, Internship & Trainee or Freelance & Task.
- Opportunities must not require an up-front or periodic payment or require recruitment of other members, sub-distributors or sub-agents. We will endeavour manage any exceptions to these rules on a case-by-case basis. CareerOne reserves the right to correctly recategorize job postings and where necessary, remove any job listings from its job board.
- Resume Database:
If you access CareerOne’s Resume Search database (Resume Database) then the following terms and conditions apply to you.
Resume Database Access
- A username and password is required to access the Resume Database.
- Subject to Client complying with this Agreement, CareerOne grants Client a limited, non-exclusive, non-assignable, non-transferable licence to access and use the Resume Database for the sole purpose of searching and viewing candidate profiles and resumes (Database Licence).
- Clients can purchase a Database Licence with a finite term of either 1 week, 2 weeks or 1 month or 12 months (Licence Term).
- Client is responsible for maintaining the confidentiality of the login details and passwords required to access the Resume Database. Client must keep its login and password details confidential and must not share access to the Resume Database with any other person without CareerOne’s prior written consent. Client is responsible for all uses of the Resume Database, whether or not authorized by you. Client must immediately notify CareerOne of any unauthorized use of the Resume Database.
- If Client (or an Authorised User) breaches any term of this Agreement then CareerOne may immediately suspend or terminate Client’s access to the Resume Database.
- Clients will be entitled to a specified number of Database Credits, which may be applied towards the use of Profile Views during the applicable Licence Term.
- Subject to the Database Credit Allocation, Client may utilize as many Database Credits as it wishes during the applicable Licence Term.
- Database Credits expire at the end of the Licence Term and if not used within the Licence Term will immediately lapse. Client acknowledges and agrees that Database Credits are not transferrable and are not redeemable for cash.
- Lead-generation based products will be billed monthly in arrears based on actual delivered performance. The agreed cost-per-lead rate will be as determined in the individual contract.
Client obligations – Client must (and ensure that its Authorised Users):
- use the Resume Database in accordance with the Privacy Act 1988 (Cth) and all applicable privacy and data protection laws;
- take all reasonable steps to ensure any Personal Information accessed in the course of using the Resume Database is protected from unauthorized access, misuse, loss, modification or disclosure;
- not use the Resume Database for any purpose other than for recruitment purposes in respect of genuine employment opportunities; and
- without limiting clause 60.3, not use the Resume Database to direct market to candidates or solicit business from candidates.
5. Media Solutions:
If you chose to advertise on CareerOne via branding, display or lead generation assets, the following terms apply to you.
- CareerOne reserves the right to stop serving any campaign if it feels it breaches the confidence of CareerOne’s core purpose, or conflicts with its core goals.
- The client is responsible for supplying up-to-date media assets that are suitable and in accordance with industry standards. CareerOne will scrutinize the quality of supplied media assets and provide constructive feedback where possible to increase the performance and experience of its users.
- Any client advertising on a cost-per-lead payment model agrees to pay for unique leads per offer/campaign we execute on their behalf.
- De-duplication occurs during the reconciliation of billing at the end of each calendar month.
6. Price and Payments:
- You agree to pay the purchase price specified on the Site at the time that you place your order for the purchase of a product. All amounts are stated in Australian dollars. All purchase prices include Australian GST (where applicable).
- You must pay for the product by one of the methods set out on the Site. Your payment will be processed upon receipt of your order. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed, then your order may be cancelled.
- You acknowledge that if you purchase a quantity of job advertisement listings on the Site in advance:
- You are not entitled to a refund or credit for any unused job advertisement listings; and
- If you wish to post any job advertisement listings on the Site in addition to the number purchased in advance, that any additional listings will be charged at the rate per listing noted on our Site.
- You acknowledge that any of the following actions constitute making a new or additional job advertisement listing, to which you must pay the purchase price for a new job advertisement listing, as set out on the Site:
- Reactivating a deleted or expired job advertisement listing;
- Refreshing or renewing a job advertisement;
- Changing the zone or location classification; or
- Changing the job advertisement listing’s reference number.
7. Availability and Cancellation:
If there is a considerable delay, or if for any reason we cannot supply a product you have ordered, we will contact you using the contact details provided by you when you placed the order. You can choose a refund, credit or to put your order on backorder.
8. Discount Codes and Promotions:
We may from time to time offer promotional discount codes, which may be applicable to products on the Site, and must be entered at the time of submitting your order. The conditions of use relating to any discount code will be specified at the time that it is issued.
9. Intellectual Property Rights:
- Intellectual Property Rights mean all present and future rights in or to any patent, copyright, database rights, registered design or other design right, utility model, trade mark (whether registered or not and including any rights in get up or trade dress), brand name, service mark, trade name, eligible layout right, chip topography right and any other rights of a proprietary nature in or to the results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields, whether registrable or not, including all renewals, extensions and revivals of, and all rights to apply for, any of the foregoing rights (Intellectual Property Rights).
- We own all Intellectual Property Rights in the Site, business, products, services and branding, as between us and you. The products contain material which is owned by or licensed to us and is protected by Australian and international laws (Materials).
- We own the copyright which subsists in all creative and literary works incorporated into our materials. You must not breach our Intellectual Property Rights by, including but not limited to altering or modifying any of the Materials, creating derivative works from the Materials or using our Materials for commercial purposes such as on-sale to third parties
Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you
have any feedback or questions about our products, please contact us. If there is a dispute between
the Parties in relation to these Sales Terms, the Parties agree to the following dispute resolution
- The complainant must tell the respondent in writing the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
- If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, the complainant will ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.
Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Sales Terms, by law or in equity.
11. Consumer Law, Return, Refund and Exchange Policy:
- ACL: Certain legislation including the Australian Consumer Law (ACL) in the Competition and consumer Act 2010 (Cth) and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of products and services by us to you which cannot be excluded, restricted or modified (Statutory Rights).
- Goods & Services: If you are a consumer as defined in the ACL, the following notice applies to you: “Our goods and services come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (Consumer Guarantees). You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. You are also entitled to have services remedied if they are not rendered with due care and skill or they are not fit for purpose and the failure does not amount to a major failure.”
- Nothing in these Sales Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our liability for goods provided to a person or entity defined as a “consumer” under the ACL is governed solely by the ACL and these Sales Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
- You acknowledge that it is your responsibility to comply with all relevant legislation, regulations, guidelines, ordinances and proclamations in relation to the posting of a job advertisement and employment generally.
- You assume all responsibility for compliance with any enterprise agreements or other instruments.
- Except for your Statutory Rights, all products and services are provided to you without warranties of any kind, either express or implied, and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
- Repair, replacement or a refund: If you wish to seek repair, resupply, replacement or a refund for a product or service, please contact us and we will explain the requirements to you. This may include you providing proof of purchase and evidence of the faulty product to us.
- Refund: If you are entitled to a refund, we will only give you the refund once evidence of faulty product is received by us and we have inspected it and assessed whether it is eligible for a refund under these Sales Terms. Any refund we make will be by the same payment method used to purchase the product or service.
- Change of mind: We do not accept returns for change of mind.
12. Limitation of Liability and Disclaimers:
- While the information and material contained on the Site is believed to be accurate and current, it is provided by us in good faith on an “as is” basis, and we and our directors, officers, employees, contractors and agents accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the Site.
- Certain legislation including the ACL and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of goods or services to you by us via the Site which cannot be excluded, restricted or modified. Our liability is governed solely by the ACL and these Sales Terms.
- To the extent permitted by law, we exclude all conditions and warranties, except for your Statutory Rights including but not limited to:
- we expressly disclaim any implied or express guarantees, representations or conditions of any kind, which are not stated in these Sales Terms;
- we take no responsibility for, and will not be liable for the Site or the products or services being unavailable; and
- we will not be liable for any loss, damage, injury, death, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, suffered by you or claims made against you, arising out of or in connection with the Site, inability to access or use the Site, the products, the services, the late supply of products or services, or these Sales Terms, even if we were expressly advised of the likelihood of such loss or damage.
- To the extent permitted by law, our total liability arising out of or in connection with the products, the services or these Sales Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products and/or services under these Sales Terms.
- This clause will survive termination of these Sales Terms.
These Sales Terms may be amended from time to time; we will provide you with 14 days’ notice of the varied Sales Terms. Your purchase from us following any such amendments will be deemed to be confirmation that you accept those amendments. If you have reasonable grounds to believe that the varied Sales Terms will be detrimental to your rights, you may terminate these Sales Terms without penalty within 14 days of receiving notice of the varied Sales Terms. We recommend that you check the current Sales Terms before purchasing a product. Our agents, employees and third parties do not have authority to change these Sales Terms.
You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your breach of these Sales Terms. You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our products or services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us. The obligations under this clause will survive termination of these Sales Terms.
- Privacy: We agree to comply with the legal requirements of the Australian Privacy principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
- Accuracy: While we endeavour to keep information up to date and correct, we make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
- Termination: We reserve the right to refuse supply of the products ordered by you, terminate our contract with you, and remove or edit content on the Site at our sole discretion, without incurring any liability to you. We may terminate your account and our contract with you, in our sole discretion, without incurring any liability to you, if:
- you commit a non-remediable breach of these Sales Terms;
- you commit a remediable breach of these Sales Terms and do not remedy the breach within 5 days after receiving notice of the breach.
- GST: If and when applicable, GST payable on our services or products will be set out in our invoices. By accepting these Sales Terms you agree to pay us an amount equivalent to the GST imposed on these charges.
- Relationship of Parties: These Sales Terms are not intended to create a relationship between the Parties of partnership, joint venture, or employer-employee.
- Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Sales Terms if such delay is due to any circumstance beyond our reasonable control.
- Notice: Any notice in connection with these Sales Terms will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the Party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other Party.
- Waiver: Any failure by a Party to insist upon strict performance by the other of any provision in these Sales Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by us of any of these Sales Terms shall be effective unless we expressly state it is a waiver and we communicate to you in writing.
- Assignment: You must not assign any rights and obligations under these Sales Terms, whether in whole or in part, without our prior written consent.
- Severability: If any of these Sales Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- Jurisdiction and Applicable Law: Your use of the Site and any dispute arising out of your use of it is subject to the laws of New South Wales and the Commonwealth of Australia. These Sales Terms are governed by the laws of New South Wales and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in New South Wales. The Site may be accessed throughout Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.
- Entire Agreement: These Sales Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.