Terms and Conditions of Use
Please read and agree to the following to following Terms and Conditions
1.
All services are supplied by Job Adder Pty Ltd trading as JobAdder.com (ABN :
90 375 665 944 ) subject to and upon the following Terms and Conditions. No
additions or variations shall apply unless specifically agreed in writing
between the parties.
2.
The following expressions shall hereafter have the meanings:
(a)
'Service agreement' means the Service agreement attached
(b)
'Services' means those services described in clause 3 of these Terms and
Conditions
(c)
'System' means the Website and all technical infrastructure relating thereto
(d)
'Website' means the URLs www.JobAdder.com and www.JobAdder.com.au on which the
Services are provided.
3.1
The Services provided by JobAdder are the use of custom-built distribution
software, enabling job posting to one or more online Job Boards selected by the
Client as well as management of the job vacancies posted on the website of the
Client.
3.2
Where the Job Board is free, the Client may subscribe directly - however, where
the Job Board charges its own fee, the Client is responsible for arranging and
maintaining access to the Job Board. The Client acknowledges that JobAdder is
not responsible for the establishment or maintenance of any account held with a
third- party Job Board supplier. Neither is JobAdder responsible for the supply
of service by the third-party Job Board supplier to the Client.
3.3
JobAdder will not be liable for compensation for any miss-postings, errors of
data entry, duplicate entries or errors made by the client. Claims for such
compensations should be made directly with the Job Board(s) concerned.
4.
The Client is required to pay JobAdder a subscription fee (Monthly, Quartlerly
or Annually) for use of the Services. The period covered by the subscription is
described in the Service agreement.
5.1
In consideration of the undertakings given by the Client, JobAdder will provide
to the Client the Services
5.2
JobAdder cannot guarantee to provide the Services continuously and without
interruptions and faults, and may also have to temporarily suspend availability
of the Services in order to upgrade, repair or maintain any aspects of the
technological infrastructure of the Services. JobAdder will use all possible
endeavours to carry out any such repair or maintenance work so as to cause
minimum disruption of the Services.
6.
By registering the Client's details on the Website, the Client is giving its
explicit consent to JobAdder to hold data which the Client provides to JobAdder
including any sensitive personal data as defined in the Data Protection Act
1998.
7.1
The Client warrants, represents and undertakes to JobAdder that:
a)
All material displayed or transmitted by the Client on the Website shall not be
false, offensive, defamatory, threatening, obscene, unlawful or breach or
infringe the rights of any person anywhere in the world (including without
limitation any intellectual property rights);
b)
The Client will not use the Services in such away that disrupts, interferes
with or restricts the use of the Services including without prejudice to the
generality of the foregoing sending unsolicited e-mails to any e-mail address
published on the Website;
c)
The Client will not reverse engineer, decompile, copy or adapt any software or other
code or scripts relating to the System or post or transmit any information that
contains a virus, worm, Trojan horse or other harmful or disruptive component;
d)
The Client will hereby indemnify JobAdder against any costs, expenses,
liabilities and claims by any third party in respect of misuse of information
or data obtained by use of the System;
e)
The Client will not remove in whole or in part any trademarks, copyright and
other proprietary notices contained in or appearing on any material the Client
downloads and/or prints from the System
7.2
The Client recognises that the Internet is accessible to anyone with
appropriate technical capability and as such it is impossible to protect
totally against the abuse of the System by third parties, including the
introduction of a virus on to the System. The Client acknowledges that it is
its’ responsibility to satisfy itself that its own information technology is
protected against computer viruses
7.3
The Client acknowledges that advertisements and information posted on the
Website by Clients are not the responsibility of JobAdder nor does such
material reflect JobAdder's opinions or those of JobAdder's directors,
officers, employees and agents.
7.4
The Client acknowledges that JobAdder has no control over the quality; truth or
accuracy of information received by the Client by using the Website. The Client
acknowledges that any reliance on any information or other material posted on
the Website is entirely at its own risk.
8.1
JobAdder reserves the right, but does not assume the obligation, to inspect the
content of any job posting and all other material or information posted by the
Client.
8.2
JobAdder owns or is licensed to use all copyright, database rights and all
other intellectual property rights in and to the System, including the
structure, design and layout of the System, all graphics, the name idibu and
the idibu logo. The Client is entitled to access and use the contents of the
Website in accordance with the express terms of this Agreement only Any other
use of the materials available on or forming part of the System is subject to
obtaining the prior written consent of JobAdder.
8.3
JobAdder is entitled to make changes to the Services, which are necessary to
comply with any applicable security or other legislative or regulatory
requirements.
9.1
JobAdder will use all its endeavours to maintain and provide the Services in
accordance with these Terms and Conditions. However, the Client acknowledges
that JobAdder will not be liable for any failure on its part to fulfil its
obligations to the Client where such failure is due to circumstances beyond the
control of JobAdder
9.2
Except as expressly set out in clause 9.1 all warranties, undertakings,
conditions and terms, express or implied, whether by common law, statute,
custom, trade usage, course of dealings or otherwise (including without
limitation as to quality, fitness for purpose, performance or suitability of
purpose) in respect of the Services are hereby excluded to the fullest extent
permitted by law.
10.1.
JobAdder will not be liable for:
10.1.1.
any mistakes or errors whatsoever that arise during the course of publication
of any advertisement or any loss of information or data or any damage thereto
in each case as a result of circumstances beyond its reasonable control or
which arise as a result of the acts or omissions of the Client;
10.1.2.
any loss of profit, loss of revenue or contracts or any indirect, special,
economic or consequential loss (whether caused by the negligence of JobAdder,
its employees or agents);
10.1.3.
any delay, costs, expense, loss (including loss of profit), damage or liability
(including without limitation as a result of any hardware failure, provision or
use of software, virus, deletion, corruption, loss or removal of data) howsoever
caused arising from any matter beyond the reasonable control of JobAdder or as
a result of the acts or omissions of the Client;
10.2.
In no event shall JobAdder's liability to the Client under or in relation to
the Contract exceed the amount of the fees paid to JobAdder
10.3.
Nothing in this Contract will restrict or exclude JobAdder's liability for
death or personal injury caused by its own negligence.
10.4.
The Client agrees and acknowledges that save as expressly provided in the
Contract no condition, warranty or representation of any kind is, has been, or
will be, given by or on behalf of JobAdder in respect of or in connection with
the Services or the Contract and accordingly the Client confirms that it has
not, in entering into the Contract, relied on any condition, warranty or
representation by JobAdder or any person on its behalf, express or implied,
whether arising by law or otherwise in relation to or in connection with the
Services or the Contract. The benefit of any such condition, warranty or
representation by JobAdder is hereby irrevocably and unconditionally waived by
the Client
11.1
The expiry or termination of these Terms and Conditions shall be without
prejudice to any other rights or remedies which either party may be entitled to
there under or at law and shall not affect any rights or liabilities which may
have already accrued to either of the parties under this Agreement.
11.2
In the event of changes to the law, government legislation or new software
developments, the company reserves the right to amend or change the terms and
conditions upon 14 days written notice of such changes.
11.3 In the event of the Client breaking any one of the
above Terms JobAdder will forthwith be entitled (without prejudice to any other
remedy) to cancel this Contract or to suspend its performance hereof at its
absolute discretion.