Job Advertising Terms of Use

This website is owned and operated by The Conversation Media Group (ABN) defined as ("The Conversation", “we”, “us” and “our”). Advertisers on theconversation.edu.au (referred to as the “Site”) are identified as “you” or “your”. Your access to and use of the information, materials and services provided on this Site is conditional upon your acceptance and compliance with these terms, conditions, notices and disclaimers (“Terms”).

Your use of this Site will be deemed as your acceptance of these Terms.

Variation of Terms

  1. The Conversation may vary these Terms at any time. If The Conversation varies these Terms, it will provide notice by publishing the varied Terms on the Site.
  2. You accept that by doing this, The Conversation has provided you with sufficient notice of the variation to its Terms.

Billing

  1. All amounts owing to The Conversation must be paid within 14 days of the date of invoice.
  2. If you do not pay your account on time, The Conversation may disable your account without notice.

Intellectual Property Rights

  1. The Conversation retains all intellectual property rights subsisting in any of the goods and services provided to you by The Conversation.

Limitation of Liability

  1. The Conversation provides no warranty to you that services generally available through the Site will be uninterrupted or error free. Except where we are unable to exclude our liability by legislation, we, our officers, employees, agents and contractors will not be liable in any way to you or anyone else for any loss or damage, however it arises (whether in contract, tort including negligence, or otherwise) out of or in connection with your access and use of the Site.
  2. In the case of goods or services supplied or offered via the Site, liability for breach of an implied term, which cannot be excluded by legislation, is limited at our option to either the supply of the goods or services (or the equivalent goods or services) again or the payment of the cost of having the goods or services supplied again.
  3. Our limitation of liability under these Terms applies to direct, indirect, consequential, special, punitive or other damages that you or others may suffer, as well as damages for loss of profit, business interruption or the loss of data or information, even if we are informed of their possibility.
  4. The Conversation accepts no responsibility or liability for any errors in your advertisements. You must check your advertisements for errors as soon as they are placed on the Site. The Conversation agrees to use reasonable efforts to publish advertisements in the shortest possible time.
  5. The Conversation does not vet, nor is it responsible for vetting, job candidates or the representations made by them, whether oral or in writing.

Changes to the Site

  1. The Conversation reserves the right at all times without the need to have to provide any notice to you, to alter the functionality and/or appearance of its products and services available from The Conversation or the Site itself, including but not limited to advertisements on the Site and/or as they are represented on mobile communication devices.

Your Obligations

  1. You warrant and agree that:
    1. you have the legal capacity and power to agree to be bound by these Terms and perform the 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 The Conversation will be free of infection or viruses; and
    4. you will not use the Site for any illegal purpose.
  2. You indemnify and will keep indemnified The Conversation, its officers, employees and agents against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by The Conversation in connection with:
    1. any breach of these Terms by you;
    2. any negligent act or omission by you;
    3. the listing or proposed listing of any advertisement by you on the Site or any related site; or
    4. an actual or alleged breach by you of any law, legislation, regulations, by-laws, ordinances or codes of conduct which occurs a consequence of the your advertisement appearing on the Site.
  3. You agree at all times to deal with any information or products provided by The Conversation 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).

Placing Advertisements

  1. You 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 if you are a company you must not mislead persons seeking employment as to the availability, nature, terms or conditions or, any other matter relating to the employment opportunity being offered; and
    2. Fair Trading Acts in all applicable States and Territories; and
    3. Privacy Act 1988 (Cth) including the National Privacy Principles; and
    4. Estate Agents Acts in all applicable States and Territories; and
    5. Human Rights and Equal Opportunity Commission Act 1986 (Cth) and all anti-discrimination and equal opportunity legislation applicable in the State or Territory in which you do business.
  2. Advertisers acknowledge and agree that they must only advertise one job role per job advertisement posted on The Conversation site. Where advertisers have breached this obligation and have advertised multiple job roles in the one job advertisement, The Conversation reserves the right to charge the Advertiser for the number of job roles advertised in the one job advertisement posted on to The Conversation Site.
  3. Standard job advertisements are valid for 30 days, although you can choose to expire the advertisement earlier.

General Terms

  1. The Conversation reserves the right to terminate your agreement with The Conversation if you post any advertisement that may be in breach of any of these Terms. Further, The Conversation reserves the right to, in its absolute discretion, reject or remove any advertisement from the Site for any reason.
  2. Termination of this agreement will not end those provisions that are capable of surviving the ending of this agreement.
  3. These Terms are governed by the laws of Victoria. Advertisers irrevocably and unconditionally submit to the 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.

Last Updated July 2011