JobSelect terms and conditions
Last updated 5-Jan-2014
In these terms and conditions, "us", "we" or "our" means Maclaw No. 408 Pty Ltd (ABN 88 060 571 566) trading as JobSelect.com
It is important to us that you understand these terms and conditions which relate to your use of www.jobselect.com.au
(the "JobSelect Sites"). If you have any questions, please contact us at firstname.lastname@example.org or via the contact us page.
any other terms and conditions, notices and disclaimers displayed elsewhere on the JobSelect Sites relating to your use of
the JobSelect Sites ("JobSelect Terms").
2. We may change the JobSelect Terms at any time. If we do, an amended version of the JobSelect Terms will be posted on
the JobSelect Sites. You are responsible for ensuring that you regularly review the JobSelect Terms and your continued use
of the JobSelect Sites after any changes are made to the JobSelect Terms will be deemed to constitute your acceptance of those changes. If you object to any changes to the JobSelect Terms, or otherwise become dissatisfied with your membership
of the JobSelect Sites, your only remedy is to immediately:
1. discontinue your use of the JobSelect Sites; and/or
2. terminate your membership in accordance with the JobSelect Terms.
2. Membership and subscription
1. You must be at least 16 years old to become a member of the JobSelect Sites. You must not attempt to register if you are under 16 years old.
2. When registering as a member of a JobSelect Site, you must provide us with accurate, complete and up-to-date information as requested. It is your responsibility to inform us of any changes to that information. You may do this at any time by accessing your Account page on the relevant JobSelect Site.
3. As a job seeker member of a JobSelect Site, you are permitted to create one profile only on that JobSelect Site. You must not create multiple member profiles on the one JobSelect Site. As an employer member you may add as many job profiles as they wish.
3. Termination and suspension
1. You may terminate your membership of a JobSelect Site for any reason only by providing written notice to us. You can provide notice of termination by:
1. selecting ’cancel account’ within your Account settings and following the instructions;
2. emailing us via the Feedback page.
2. We reserve the right to, without limitation, do any or all of the following in relation to your membership:
1. suspend your membership;
2. permanently or temporarily hide all or part of your member profile;
3. modify your member profile;
4. terminate your membership for any reason by providing notice to you by email;
5. terminate your membership immediately without notice to you if you have committed a breach of
the JobSelect Terms;
6. deactivate your membership if you have not used the JobSelect Site for a period of 12 months or more
(from the date of last use); and/or
7. permanently or temporarily block your access to all or part of the JobSelect Sites.
4. Service and features
1. You may become a member of the JobSelect Sites at no cost. As a member you will have the ability to access some, but not all, of the features and services on the relevant JobSelect Site.
2. As a member, you will also have the ability to access chargeable features and services available on the JobSelect Sites (such as communicating with other members, subscription services or any other chargeable service or feature that becomes available from time to time).
3. Further details and any additional terms and conditions (including pricing) relating to chargeable features and services will be made available on the JobSelect Sites. Any such additional terms and conditions form part of the JobSelect Terms.
4. We do not accept cash payments for chargeable services or features. Please refer to the available payment methods elsewhere on the JobSelect Sites.
5. We reserve the right to change the pricing for any chargeable service or feature on the JobSelect Sites at any time. If you are unhappy with a change of pricing, you are entitled to discontinue your use of the JobSelect Site or terminate your membership in accordance with the JobSelect Terms.
6. Unless expressly stated otherwise, the pricing for use of any chargeable service or feature on the JobSelect Sites will be stated GST inclusive. Where GST applies, we will deduct the GST we incur from each payment and will issue you with a tax invoice. The balance of the payment will be credited to your account.
7. In the event of unusual activity, we reserve the right to temporarily or permanently suspend payment via your credit card and contact you, your bank or any other relevant third party to report such unusual activity.
8. While we use reasonable endeavours to ensure that the JobSelect Sites are available 24 hours a day, we do not make any representations or warranties that your access will be uninterrupted or error free. Access to the JobSelect Sites may be suspended temporarily without notice in the case of system failure, maintenance or repair or any reason beyond our control.
9. We reserve the right to change or discontinue any service or feature of the JobSelect Sites in whole or in part any time.
10. You are not permitted to transfer any services or features purchased by you to any other person or member.
11. In no event will you be entitled to any refund of payments for chargeable services or features. We will review requests for refunds at our sole discretion.
5. Secure access
1. You are responsible for maintaining the confidentiality and security of your login and password. You are wholly responsible for all activities that occur under your login and password. You agree to immediately notify us of any unauthorised use of your login or password. You must ensure that you exit from your account at the end of each session.
2. We may at any time request a form of identification to verify your identity and/or your compliance with the JobSelect Terms.
1. Any images, sounds, or text (Content) that you transmit or post on an JobSelect Site, or otherwise transmit to any other member of an JobSelect Site by any other means, must be complete and accurate.
2. You agree not to post or transmit on an JobSelect Site, or otherwise transmit to any other member of an JobSelect Site by any other means, Content that:
1. is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
2. is false or misleading in any way;
3. infringes the rights of any third party;
4. you do not have a right to make available under any law or contractual obligation;
5. is sexually explicit or contains sexual references / innuendo;
6. pertains to group sexual activity or soliciting contact for the purpose of extra marital (marital, de facto or relationship) encounters or affairs;
7. contains restricted or password only access pages, or hidden content; or
8. contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware.
3. Without limiting the above, you must not transmit or post on an JobSelect Site, or otherwise transmit to any other member of an JobSelect Site by any other means, any images that contain:
1. images of any person other than you;
3. images of animals;
4. a cartoon or illustration.
4. You are solely responsible for Content that you transmit or post on an JobSelect Site, or otherwise transmit to any member of a JobSelect Site by any other means.
5. We are not responsible for, and accept no liability with respect to, any Content transmitted or posted on the JobSelect Sites, or otherwise transmitted to any member of an JobSelect Site by any other means, by any person.
6. We reserve the right, but have no obligation, to review Content transmitted or posted on the JobSelect Sites, or (where possible) otherwise transmitted to any member of an JobSelect Site by any other means.
7. Without limiting your responsibilities under the JobSelect Terms, we reserve the right to modify and/or remove any Content that, in our opinion, violates the JobSelect Terms or otherwise has the potential to harm, endanger or violate the rights of any person.
8. We do not make any representations or warranties as to the accuracy, reliability or completeness of any Content posted or transmitted on the JobSelect Sites, or otherwise transmitted to any other member of a JobSelect Site by any other means, by any person. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us. We do not accept any liability for any loss, damage, cost or expense resulting from anyone’s reliance on Content posted or transmitted on the JobSelect Sites, or otherwise transmitted to any other member of an JobSelect Site by any other means.
7. Use of the JobSelect sites and prohibited activities
1.You agree not to use the JobSelect Sites (or contact any other member of an JobSelect Site) to:
1. defame, abuse, harass, stalk, threaten or otherwise offend others;
2. engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming;
3. impersonate or create a profile for any person or entity;
4. promote, or provide information about, illegal activities or conduct;
5. promote racism, bigotry, hatred, harassment or any kind of harm against any group or individual;
6. exploit any person under the age of 18, or to solicit information from anyone under 18; or
7. solicit money, passwords or personal information from any person.
2.You also agree not to
1. use any robot, spider, or other device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of the JobSelect Sites;
2. "frame" or "mirror" any part of the JobSelect Sites without our prior written authorization;
3. use code or other devices containing any reference to the JobSelect Sites to direct other persons to any other web page;
4. except and only to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the JobSelect Sites or cause any other person to do so.
3. We have no obligation to monitor any member’s use of an JobSelect Site, however, we reserve the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, legal requirement, police investigation or governmental request.
8. Safe interaction, complaints and disputes
1. Unfortunately, it is possible that other members of a JobSelect Site may use the JobSelect Site in violation of the JobSelect terms. For example, it is possible that another member may post or transmit on the JobSelect Site Content that is obscene or offensive, or use the JobSelect Site to harass you.
2. We take your online and offline security very seriously. As such, we have prepared some guidelines to help you enjoy your experience on the JobSelect Sites and avoid problems when interacting with other members
3. We urge you to be cautious when interacting with other members of a JobSelect Site. You should carefully select the Content that you post or transmit on an JobSelect Site, or otherwise transmit to any other member by any other means. You must not include any telephone numbers, street addresses, last names, URLs or email addresses in your member profile. Any Content that you transmit or post on an JobSelect Site, or otherwise transmit to any other member of an JobSelect Site by any other means, will be considered non-confidential.
4. If you are experiencing problems with any other member of an JobSelect Site and would like to make a complaint, please send us an email via the Contact Us page.
5. We may record and store any information relating to any complaint made against you.
6. We reserve the right, but have no obligation, to monitor disputes between members of an JobSelect Site.
7. You agree to hold us harmless in connection with any dispute or claim that you make against any other member of an JobSelect Site.
9. Intellectual property
1. We own and retain all proprietary rights in and relating to the JobSelect Sites. Proprietary rights in and relating to the JobSelect Sites must not be used in any way without our prior written consent.
2. You warrant that any Content that you post or transmit on an JobSelect Site, or otherwise transmit to any other member of an JobSelect Site by any other means, will not infringe the intellectual property rights of any third party.
4. No person may publish or modify, in any form or by any means, in whole or part, any Content posted or transmitted on an JobSelect Site, or otherwise transmitted to any member of a JobSelect Site, other than their own Content, without the express written permission of the relevant owner.
5. If you believe that any Content has been posted or transmitted on a JobSelect Site, or otherwise transmitted to any member of an JobSelect Site by any other means, in violation of your rights, please send us an email via the Contact Us page.
10. External activities
1. From time to time, we may promote, advertise, or sponsor functions, events, offers, products, services, competitions or other activities that may be conducted offline and may be conducted by third parties (External Activities).
2. External Activities may be subject to separate terms and conditions.
3. You acknowledge that you participate in any External Activities entirely at your own risk.
4. In relation to External Activities conducted by any third party (even if such third party has been contracted by us or we are associated with such activity), we do not accept any liability for any loss, damage, cost or expense that you suffer or incur as a result of or in connection with your participation in such External Activities.
5. In relation to External Activities conducted by us, to the maximum extent permitted by law, we exclude all implied representations and warranties which, but for the JobSelect Terms, might apply in relation to your participation in relation to such External Activities. To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the amount paid by you (if any) for your participation in the event.
11. Third party websites and advertising
1. From time to time, the JobSelect Sites may feature or display hyperlinks and pointers to websites operated by third parties. Such websites do not form part of the JobSelect Sites and are not under our control. We do not accept any responsibility for the contents of any such hyperlink or linked website. If you link to any third party websites you leave the JobSelect Site entirely at your own risk.
2. From time to time, the JobSelect Sites may also feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.
12. Limitation of liability and indemnity
1. You acknowledge that you use the JobSelect Sites at your own risk.
2. You acknowledge that we are not responsible for, and accept no liability in relation to, your use of and conduct in connection with the JobSelect Sites, or any other members’ use of or conduct in connection with the JobSelect Sites, in any circumstance.
3. You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the JobSelect Sites, including any breach by you of the JobSelect Terms.
4. To the maximum extent permitted by law, we exclude all implied representations and warranties which, but for the JobSelect Terms, might apply in relation to your use of the JobSelect Sites.
5. To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the total amount paid by you (if any) for any chargeable service or feature on the JobSelect Sites purchased by you during the term of your membership.
6. In no circumstances will we be liable for any indirect, punitive or consequential loss or damages; loss of income, profits, goodwill, data, contracts, use of money; or loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise.
1. No partnership, joint venture, employment, or agency relationship exists between you and us as a result of the JobSelect Terms or your use of the JobSelect Sites.
2. The JobSelect Terms represent the entire agreement between you and us regarding your use of the JobSelect Sites.
3. If any provision of the JobSelect Terms is held to be invalid, the remainder of the JobSelect Terms shall continue in full force and effect.
4. You agree that the JobSelect Terms will be governed by the laws of Australia and New Zealand.
JobSelect Plus and Links terms and conditions
1. Links are the currency used on www.jobselect.com.au to initiate contact with other members of the site. A link opens up a 30 day contact channel with the other person allowing you to email them within that period for free.
2. Details of prices and purchases options for links are available on the buy links page.
3. You can purchase links using any major credit card online, PayPal, cheque or money order.
4. Link purchases are credited to your account upon approval of payment or upon activation of receipt number.
5. Links are non refundable and non transferable.
6. If you have unused links, we will send you a reminder before they expire. If you are a JobSelect Plus member (unlimited links) we will also send you a reminder before it expires. Provided you use these links before they expire, the contact channel will continue to be open for the allocated 30 days.
7. You can store your credit card details to make future purchases of links. When you make a credit card transaction, we give you the option to store the card details. You can un-tick the option if you do not wish to use this feature. You can also remove your credit card at any time from the payments management page.