Terms and Conditions

www.jobsavailable.com.au

In these terms and conditions, “we” “us” and “our” refers to Jobs Available. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions. The information is intended for residents of Australia only.

We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.

Members

1. In order to access the services provided on this website, you must register. You must complete registration by providing certain information as set out on our registration page. Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide on registration.
2. You agree to ensure that your registration details are true and accurate at all times, and you undertake to update your registration details from time to time when they change.
3. On registration, you provide a password and email address which will be used by the platform as your identifier. 
4. We reserve the right to terminate your membership at any time if you breach these terms and conditions.
5. Our services are intended to be used by members within Australia only.

Member Rules of Exchange

6.  At all times you agree to deal with each Member in an honest and ethical manner.
7.  You agree that We have the right to remove You and ban you from the platform following the receipt and investigation into substantial misconduct on your behalf. We will provide due process to Members when investigating any allegations of wrongdoing, fraud or misrepresentation but will not be bound to give reasons for our decision to ban a member. There is no appeal from such a decision by Us.
8. In the event a member is banned then there is no recourse or refund of any monies paid to the platform.
9.  Each member agrees that they will provide the goods or services as contracted through the site however acknowledge that We are not liable for enforcing the exchange between the parties.
10. You agree to provide an honest description and value of the goods and/or services to be provided and if required enter into a contract outlining such agreement. It is a matter for Members to purchase a drafted contract otherwise the description on the platform will form the basis of the agreement between the parties
11. Members acknowledge that by agreeing to enter into the exchange and concluding the exchange via the platform they are entering into an enforceable agreement and the terms are set out via the platform.
12. You agree that you have authority to act on behalf and transaction on the platform. 
13. You understand that it is your responsibility to undertake due diligence and investigation as to the goods and/or service being offered on the platform.
14. You are responsible for obtain your own advice regarding tax, accounting, compliance, and any other legal requirements.
15. You are responsible to account for income or tax from exchanges offered on the site to comply with any tax legislation.
16. Members agree to pay the commission to Us outlined in the schedule on the website at the time the exchange is concluded on the website. Commission is paid per exchange.
17. As a member, you agree to comply with the following:

(a) not to share your Member Account with any other person, except where you are registering on behalf of a business, in which case you may share the Member Account with the employees or other registered owners of the business for the legal needs of that business:

(b) use the Website only for purposes that are permitted by the Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(c) maintain the confidentiality of your Member Account and all the activities under your account;

(d) notify Us immediately following any unauthorised use of your Member Account or any other breach of security;

(e) not expressly or impliedly impersonate another Member or use the Member Account or password of another Member at any time;

(f) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of providing or receiving the Services;

(g) not to use the Website or Member Account for any illegal and/or unauthorised use, including, but is not limited to, collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

(h) that commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of your Member Account or the provision of the Services to you; and

(i) you acknowledge and agree that any automated use of the Website or its Services is    prohibited.

Our Website Services

18. Our services are provided to users on the basis of connecting businesses with job applicants and business buyers with sellers. We do not offer professional advice and all members and users are urged to seek their own advice in relation to any information published on this platform and its related social media platforms.
19. All prices are in Australian Dollars (AUD).
20. We do not endorse any business or sponsor’s products or services\ and accept no responsibility for the claims made or performance of sponsors.

Site Access

21. When you visit our website, we give you a limited licence to access and use our information for personal use. 
22. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trademark, or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
23. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute, or display any of the information on this website without our prior written permission.
24. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

Hyperlinks

25. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
26. You may link our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text, or other materials.

Content you provide

27. You are responsible for all and any Content you contribute to the Service. When you provide Content, you retain ownership of the intellectual property in that information however you grant us a worldwide, non-exclusive, royalty-free licence (with the right to sublicense) to use (including copy, reproduce, adapt, modify, publish, broadcast, transmit, display, and distribute) the Content in any and all media including forms not yet developed. This licence ends when you cease your membership except for Content which has already been released as part of the Service.
28. We reserve the right but will not have an obligation to remove or refuse to distribute any Content. We also reserve the right to adapt or modify your Content for any reason including for distribution purposes.
29. By posting Content on this website, you provide us with an undertaking that such Content does not infringe the rights of someone else and that it does not violate the law in any other way such as by being defamatory, being of racist content or is threatening. 
30. As a member, you agree to indemnify and hold us harmless from any liability, claim, action, demand, loss, costs including legal costs on a full indemnity basis and expenses arising out of or in connection with any Content you provide.
31. To the extent permitted by law, you release and discharge us from any liability or claim arising out of any loss or damage that may be suffered or incurred as a result of your use of our Service.

Intellectual Property Rights

32. The copyright to all content on this website including applets, graphics, images, layouts, and text belongs to us or we have a licence to use those materials.
33. All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
34. Any comment, feedback, idea, or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments. Comments and reviews may be removed by us at our discretion.
35. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality, and copyright. 

Disclaimers

36. You expressly acknowledge that We do not take part in any transaction between users of this site, and We cannot be held responsible for any action or non-action of a user of this Platform.
37. Whilst we take all due care in providing our services, we do not provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose. 
38. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded. 
39. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
40. From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material. 

Limitation of Liability

41. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again. 
42. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied. 
43. We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with us.
44. We do not participate in any way in the transactions between our users.

Indemnity

45. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs, and expenses including legal fees arising from or in connection with your use of our website. 

Jurisdiction

46. These terms and conditions are to be governed by and construed in accordance with the laws of NSW and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in NSW and you agree to submit to the jurisdiction of those Courts.
47. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed, or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

Privacy 

48. We undertake to take all due care with any information which you may provide to us when accessing our website. However, we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
49. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page. 

Violations of these Website Terms of Use

50. Without limiting any other remedies available to the Company at law or in equity, the Company reserves the right to, without notice:
    1. temporarily or indefinitely suspend, or terminate, your access to this site or refuse to provide products or services to you if:
    2. you breach any provision of these Website Terms of Use;
    3. the Company is unable to verify or authenticate any information that you provide to us; or 
    4. the Company believes that your actions may cause damage and/or legal liability to the Company, any of its customers or any other person; and
    5. Remove or block access to any information and/or materials (in whole or in part) that the Company, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person’s intellectual property rights or these Website Terms of Use.