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- Definitions
- General provisions
- Advertisements
- Employment Advertiser responsibilities
- General Advertiser responsibilities
- Part Time Online responsibilities
- Post Your Profile - Candidate Search Service
- Limitation of liability
- Payment terms and conditions
- Governing law and jurisdiction
1. Definitions
1.1. In these Terms and Conditions, unless the context or subject matter otherwise indicates or requires:
'Advertisement' means any material, profile or image supplied by an Advertiser for display on this Site.
'Advertiser' includes Employment Advertiser and General Advertiser.
'Employment Advertiser' means the person, company or business (whether an Employer, Agency or Candidate) to which Services are provided. Where necessary, a distinction is made between the Employer/Agency Advertiser and the Candidate Advertiser, else Employment Advertiser refers to either or both groups.
'General Advertiser' means the person, company or business to which Services are provided.
'Employer' means a person or organisation seeking a Candidate for a job role.
'Agency' means a Recruitment Agency or a Government Employment Agency (e.g. Job Network Provider).
'Candidate' means an individual seeking suitable employment or a Job Share partner.
'Services' means the services that Part Time Online provides on this Site or under contract with an Advertiser. In relation to Employment Advertisers, Services means the provision of this Site as a medium through which Candidates seek employment and/or Job Share partners, and Employers/Agencies seek staff. In relation to General Advertisers, Services includes (without limitation) the provision on this Site of third party banner advertisements, featured products and services, and featured employers.
'Site' means this website.
'User' means an Advertiser or any non-registered visitor to this Site.
'Part Time Online' includes the company (Part-Time Online Pty Ltd ABN 26 118 905 463), its directors, officers, employees, agents and contractors, and any related body corporate and its directors, officers, employees, agents and contractors.
2. General provisions
2.1. By accessing, browsing and/or using this Site the User agrees to be bound by these Terms and Conditions and agrees to use this Site in accordance with all applicable laws.
2.2. These Terms and Conditions replace all previously published terms and conditions regarding this Site.
2.3. Part Time Online reserves the right at any time to change these Terms and Conditions at any time by posting the changes on this Site. A User's continued use of this Site after any such changes will be deemed acceptance of the changed terms and conditions.
2.4. The content, products and Services available on this Site are provided on an 'as is' basis. Part Time Online does not represent or warrant that this Site is accurate, comprehensive, verified, complete or error free.
2.5. Part Time Online provides no representation or warranty to Users that the Services available through this Site will be uninterrupted or error free. Part Time Online agrees to use its reasonable endeavours to ensure that any disruptions to or a denial of access to its Site will be remedied as quickly as possible.
2.6. Any intellectual property, ideas, concepts, know-how or techniques developed by Part Time Online or obtained by it during the execution of the Services will be owned exclusively by Part Time Online.
2.7. The copyright in the content of this Site and the software used in this Site belongs to Part Time Online. All rights are reserved.
2.8. A User must not reproduce, adapt, modify, distribute, transmit, republish, display or reverse engineer any software used in this Site.
2.9. A User must not use any feature of this Site to send unsolicited emails to candidates or employers, either individually or as a group.
2.10. Part Time Online reserves the right to withdraw, interrupt or restrict access to this Site for any reason whatsoever.
2.11. The Services provided by Part Time Online (and offers made) are only available to Australian and New Zealand based persons, unless otherwise stated. Nothing on this Site constitutes an offer to provide Services in any jurisdiction if to do so would contravene the laws of that jurisdiction.
2.12. Information provided by Users to Part Time Online is covered by Part Time Online's Privacy Policy.
2.13. This Site must not be linked to any other website without Part Time Online's prior written consent.
2.14. If any part of these Terms and Conditions is ruled unenforceable by a Court it will not affect the enforceability of the remainder of these Terms and Conditions.
2.15. If any User breaches these Terms and Conditions and Part Time Online does not act in relation to that breach, Part Time Online does not waive its right to act in respect of subsequent or similar breaches.
2.16. These Terms and Conditions cannot be varied except in writing signed by one of Part Time Online's authorised officers.
3. Advertisements
3.1. In displaying any Advertisement, Part Time Online does not accept any responsibility for ensuring the Advertisement is compliant with all applicable laws and regulations.
3.2. Part Time Online reserves the right to either reject or remove any Advertisement from this Site for any reason whatsoever, including any Advertisement that is in breach of any law or is inappropriate for publication.
3.3. Part Time Online reserves the right to edit, re-categorise, change or update an Advertisement at any time. This would generally only be done to correct mistakes or omissions made by the Advertiser.
3.4. Advertisers must not post any Advertisements or any information relating to pyramid schemes.
3.5. Advertisers warrant that any Advertisement published on this Site will comply with all relevant laws, regulations and advertising codes of conduct, and that its publication will not give rise to any claims or liabilities against Part Time Online.
3.6. Advertisers are responsible for ensuring that all material provided to Part Time Online will not infringe any other person's or organisation's copyright or other intellectual property rights.
3.7. Part Time Online does not accept responsibility for, and Advertisers indemnify Part Time Online for any delay in receipt or non-receipt of any Advertisement intended for publication.
3.8. Part Time Online does not make any warranties, representations or undertakings regarding the inclusion of an Advertisement on this Site or the positioning of an Advertisement on any page of this Site.
3.9. All 'click-through' URLs in Advertisements must enable the browser's 'back' feature to enable Users to return to this Site.
3.10. An Advertiser agrees any purchase order or document issued by it will not vary these Terms and Conditions.
3.11. Part Time Online will not be liable for any delay or failure to publish an Advertisement that is caused by one or more factors outside Part Time Online's reasonable control. Without limitation these factors include an act of God, war, breakdown of plant or equipment, industrial dispute, electricity supply failure, or governmental or legal restraint.
3.12. Part Time Online may assign, sub-licence or transfer any of its rights, interests and obligations under these Terms and Conditions to any related body corporate.
4. Employment Advertiser responsibilities
4.1. Employment Advertisers agree and acknowledge that Part Time Online acts only as a medium through which Candidates seek employment and/or Job Share partners, and Employers/Agencies seek staff, and that Part Time Online does not vet, nor is it responsible for vetting Candidates or their profiles (including resumes and personal details).
4.2. The Employment Advertiser enters into the contract (refer Products & Pricing) as the principal, notwithstanding that the Advertiser may be an Advertising Agent or an Agency ultimately acting as Agent for an end client and as principal, and warrants that it is authorised by the end client (Employer or Candidate) to place Advertisements.
4.3. Without limiting the generality of any other provision in these Terms and Conditions, the Employment Advertiser warrants that any Advertisement will comply with the Human Rights and Equal Opportunity Commission Act 1986 (Australia), the Human Rights Act 1993 (NZ) and all relevant anti-discrimination and equal opportunity legislation, and/or all applicable legislation, regulations, by-laws, ordinances or codes of conduct in all applicable States and Territories of Australia and/or New Zealand.
4.4. The Employment Advertiser must provide Part Time Online with Advertisements in the format required by Part Time Online. The Employment Advertiser must complete at least the required fields.
4.5. Advertisements will be charged at the rates set out in this Site or otherwise agreed to in writing by the parties (refer Products & Pricing).
4.6. Each Advertisement will contain one listing in a single category for the standard display time (refer Products & Pricing). Each additional listing, additional category or extension of display time will be charged at the applicable rate (refer Products & Pricing).
4.7. Employment Advertisers are able to manage their personal Part Time Online account, including the editing of and the deletion of their Advertisements. However, any cancelled/deleted Services will be charged at the applicable full rate (refer Products & Pricing).
4.8. It is the Employer/Agency Advertiser's responsibility to take up references and to satisfy itself regarding the accuracy, availability, suitability, integrity and reliability of all Candidates whose profiles (including resumes and personal details) are provided through Part Time Online. All subsequent dealings between the Employer/Agency and any Candidate are the responsibility of the Employer/Agency.
4.9. Due to the sensitive personal nature of information contained in candidate profiles, the Employer/Agency must not transmit or distribute any candidate profiles on this Site to any person, company or business other than for the purpose of finding employment for the Candidate as set out in these Terms and Conditions.
4.10. The Employer/Agency Advertiser must obtain permission from the Candidate prior to submitting their profile or other personal details to any other party, or any job role other than the one that the Candidate has specifically applied for.
4.11. Employment Advertisers must not ask or require any Candidate to pay a fee to apply for any job.
4.12. In the case of an Employer being interested in a candidate profile posted by an Agency, the Agency's normal placement fee process applies.
4.13. Employment Advertisers must submit information that is accurate, truthful and honest. Advertisements must be current and legitimate at the time of submission. Employment Advertisers must remove their Advertisements from this Site as soon as possible after the Advertisement ceases to be current.
5. General Advertiser responsibilities
5.1. Part Time Online will impose a deadline for receipt of Advertisements in the format required by Part Time Online. Failure to adhere to any relevant deadline or format requirements may result in the Advertisement either not appearing at all or not appearing in accordance with the General Advertiser's instructions. General Advertisers acknowledge it is their responsibility to comply with the appropriate deadline and format requirements.
5.2. The General Advertiser must include the word 'advertisement' in an Advertisement as required by law, including without limitation if the Advertisement resembles editorial matter. Part Time Online may at its discretion include the word 'advertisement' in an Advertisement to distinguish it from other content on this Site.
5.3. Without limiting the generality of any other provision in these Terms and Conditions, the General Advertiser warrants that any Advertisement will comply with the Trade Practices Act 1974 and Copyright Act 1968 (Australia), the Commerce Act 1986 and Fair Trading Act 1986 (New Zealand) and/or all applicable legislation, regulations, by-laws, ordinances or codes of conduct in all applicable States and Territories of Australia and/or New Zealand relating to defamation, therapeutic goods, tobacco products, consumer protection, fair trading and sale of goods.
5.4. By lodging material for publication as or as part of an Advertisement, or authorising or approving the publication of any material with Part Time Online, the General Advertiser indemnifies Part Time Online against all liability, claims or proceedings whatsoever arising wholly or partially, directly or indirectly, from the publication of the material.
5.5. Without limiting the generality of any other provision in these Terms and Conditions, the General Advertiser indemnifies Part Time Online in relation to any claims arising from defamation, injurious falsehood, passing off, unfair competition, breach of contract, breach of copyright or other intellectual property rights, misrepresentation, breach of privacy rights or confidential information, breach of warranty of authority or any breach of any legislation, regulation or other law giving rise to any civil or criminal liability whatsoever.
5.6. If there is an error in a published Advertisement for any reason (including due to the negligence of Part Time Online) the General Advertiser agrees to indemnify Part Time Online against consequential losses or damages suffered by the General Advertiser arising from the error.
6. Part Time Online responsibilities
6.1. Subject to these Terms and Conditions, Part Time Online will provide the Services to Advertisers.
7. Post Your Profile - Candidate Search Service
7.1. Part Time Online provides a medium where Candidate Advertisers are able to post their details (i.e. profiles, resumes and job preferences) to enable Employers/Agencies and/or prospective Job Share partners to proactively find them. (Candidates pay for advertising their profiles on this Site, refer Products & Pricing.)
7.2. Prospective Employers/Job Share partners are able to access the Candidate Advertiser Profiles free of charge by conducting a search of the available database of Candidate Advertisers, and subsequently contacting the Candidate Advertisers who match their job criteria or their Job Share partner criteria. The search is subject to any instruction from Candidate Advertisers with regards to the availability of their details.
7.3. Agencies are also able to advertise their candidates via Part Time Online's Candidate Advertiser function; however, prior permission from the Agency's candidate must be obtained.
7.4. Candidate Advertiser details are only made available to Employers, Agencies and/or prospective Job Share partners for the purpose of securing suitable employment. Part Time Online makes no representation or warranty whatsoever as to the availability or suitability of the Candidate Advertisers (who place their own details on this Site).
7.5. Part Time Online cannot guarantee the number of Candidate Advertisers that will be available on the database on any given day.
8. Limitation of liability
8.1. Any material downloaded or otherwise accessed through the use of this Site is obtained entirely at the User's own risk. The User will be solely responsible for any resulting damage to the User's software or computer systems and/or any resulting loss of data.
8.2. Part Time Online will not accept any liability in connection with any website controlled by a third party that may be accessed from this Site. Part Time Online does not endorse or authorise the contents of any third party website.
8.3. Part Time Online excludes all liability whether in contract or in tort (including negligence), to the maximum extent permitted by law, as to the compatibility, security, quality or fitness for purpose, of any content of this Site or any of the Services.
8.4. To the maximum extent permitted by law, Part Time Online disclaims all liability for any loss, costs, damages or loss of profits sustained as a consequence of any Employer engaging any person sourced through this Site.
8.5. To the maximum extent permitted by law, Part Time Online disclaims all liability for any loss, costs, damages or loss of profits sustained by any User arising out of or in connection with any use of this Site.
8.6. Part Time Online's liability to a User in relation to any loss or damage directly or indirectly related to any warranty or condition which is not excluded by these Terms and Conditions will not exceed, at Part Time Online's election, either the cost of supplying the affected Services again or the cost of having the affected Services supplied again.
9. Payment terms and conditions
9.1. The 'Products & Pricing' page of this Site forms part of these Terms and Conditions.
9.2. The terms and conditions in any purchase order document or invoice generated by Part Time Online form part of these Terms and Conditions.
9.3. Unless otherwise agreed in writing by an authorised officer of Part Time Online, payment for Services is due on a 'cash on delivery' basis (via Part Time Online's online credit card payment facility).
9.4. All prices and rates quoted are exclusive of Goods and Services Tax (GST), which shall be added at the applicable rate.
10. Governing law and jurisdiction
10.1. These Terms and Conditions are governed by the laws of New South Wales, Australia.
Further details: For further details regarding these Terms and Conditions please contact Part Time Online on info@parttimeonline.com.au or call 02 9369 1133.
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