Terms & Conditions For Job Advertisements

Overview

Please read this agreement carefully before accessing or using the information and services available through the Indigenous Employment website www.atsijobs.com.au (“Site”). By accessing or using the Site, you agree to be bound by the terms and conditions below. Indigenous Employment may modify this agreement at any time, and such modifications shall be effective immediately upon posting the modified agreement on the Site.  Indigenous Employment also has a comprehensive privacy policy for users of the Site.

Copyright and trademarks

Copyright in the material and trademarks on this Site are owned by Indigenous Employment Pty Limited ABN 45 661 301 793 (“Indigenous Employment”) unless otherwise indicated and you agree not to infringe any intellectual property rights owned by Indigenous Employment.

Information for personal, non-commercial use only

You agree that information contained on this Site is for personal use only and may not be sold, redistributed or used for any commercial purpose (this includes but is not limited to the use of Advertiser contact details for unsolicited commercial correspondence You may download material from this Site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Site including code and software. You must not use this Site for any purpose that is unlawful or prohibited by these terms of use. You may not use data mining, robots, screen scraping, or similar automated data gathering, extraction or publication tools on this Site (including without limitation for the purposes of establishing, maintaining, advancing or reproducing information contained on our Site on your own website or in any other publication), except with Our prior written consent.

Information does not represent professional advice

You acknowledge and agree that information published by Indigenous Employment is intended to provide general information in summary form on market insights, legal and other issues. Indigenous Employment does not warrant the accuracy or completeness of such information.

Indigenous Employment does not endorse or recommend any of the jobs, business or self-employment opportunities advertised on its Site and Indigenous Employment strongly recommends that prior to entering into any agreement with any of the Advertisers on the Site, that you obtain your own independent legal, accounting, financial or taxation advice as appropriate. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Site or on the Internet generally.

In no event will Indigenous Employment be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any information contained on or omitted from the Site.

Placing Advertisements

You must ensure that all advertisements on the Site comply with all applicable legislation, regulations, by-laws, ordinances and codes of conduct, including but not limited to the:

• Competition and Consumer Act 2010 (Cth) including but not limited to Stack 31 of Schedule 2 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;
• Fair Trading Act’s in all applicable States and Territories;
• Human Rights and Equal Opportunity Commission Act 1986 (Cth);
• All anti-discrimination and equal opportunity legislation applicable in the State or Territory in which you do business; and
• Fair Work Act 2009 (Cth) and all employment related legislation and regulation applicable in the State or Territory in which you do business.

Special additional conditions for recruitment agencies and other third party recruiters

1. Recruitment agencies and third party recruiters are required to provide the name and address of the individual or organisation for which they are recruiting.
2. Indigenous Employment will not disclose the name of the individual client or client organisation unless required to do so by law or at the behest of the recruitment agency or third party recruiter.
3. Indigenous Employment will not publish any job advertisement which requires/requests payment by potential job applicants in exchange for their placement in any capacity.
4. Job advertisement should be for an individual, specific and genuine job vacancy.
5. Expressions of interest may be accepted where it is known that a position will be available. Acceptance will be determined after direct consultation with the employer. These types of roles must be clearly labelled as such and posted under the search category “Expression of Interest”

Voluntary work or unpaid work experience

1. All advertisements for voluntary work, unpaid internships or work experience will be subject to approval by Indigenous Employment staff before being advertised
2. Indigenous Employment staff may refuse to accept advertisements where there is any reasonable concern that the voluntary work, unpaid internship or work experience does not comply with applicable law, including the Fair Work Act 2009.
3. Voluntary work opportunities offered by not-for-profit and community organisations are accepted for advertising, following the guidelines of Volunteering Australia.
4. Employers are encouraged to review the guidelines around unpaid internships and work experience to structure their internships appropriately. Information is available at: http://www.fairwork.gov.au/pay/unpaid-work/work-experience-and-internships

Indigenous Employment will not accept advertisements for the following:

1. Commission-only jobs.
2. Work involving any unpaid training / trial periods, or reduced pay for such periods, except where a Federal or State Award makes allowances for such arrangements.
3. Work involving any illegal activity.
4. Work which requires potential job applicants to purchase a product or service, or to offer a security deposit or similar payment as a condition of employment.
5. Opportunities which are not genuine employment opportunities.
6. A role in a tobacco company.
7. Placements which require potential applicants to pay for the placement, whether the work is paid or voluntary.
8. Work where the advertisement is unclear about the rate of pay, or states a rate of pay which is below the national minimum wage.

Indigenous Employment reserves the right to withdraw or refuse any advertisement for any reason. In particular, this right may be exercised where, in our opinion, any of the following has occurred:

1. Indigenous Employment has a reasonable concern regarding non-compliance with any of these terms and guidelines or any applicable law or regulation.
2. Misleading or incorrect information has been provided by the individual or organisation.
3. A complaint about the individual or organisation which placed the advertisement has been received.
4. The job opportunity or language used in the advertisement is considered to be inappropriate.
5. The advertisement may, is likely to, or does, damage or lower the reputation or standing of our site.

No guarantees of job vacancy

Indigenous Employment gives no guarantee to you of the continued availability of any particular job advertised on the Site and will not be liable to you should an advertiser have filled the vacancy at any time prior to removal of the advertisement from the Site.

Whilst Indigenous Employment takes efforts to ensure that jobs advertised are for actual job vacancies, it gives no guarantee to you that every job advertisement represents an actual job vacancy.

No guarantees or endorsements of sites or services we link to or that link to us

Indigenous Employment provides links and pointers to Internet sites maintained by third parties from its Site. Such linked sites are not under the control of Indigenous Employment and Indigenous Employment is not responsible for the contents (including the accuracy, legality or decency) of any linked site or any link contained in a linked site. Indigenous Employment is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Indigenous Employment of the linked site. Indigenous Employment is not responsible for the copyright compliance of any linked site. Indigenous Employment will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party.

No guarantees as to the service

Indigenous Employment provides no warranty to you that the services generally available through its Site will be uninterrupted or error-free or that defects in the service will be corrected. You also understand that Indigenous Employment cannot and does not guarantee or warrant to you that files available for downloading through the Site or delivered via electronic mail through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

Our rights to use information you send us

Indigenous Employment welcomes ideas and feedback from you about all aspects of the Site. You agree that Indigenous Employment may reproduce, distribute, transmit, create derivative works of, and publicly display any materials and other information (including ideas for new or improved products and services) that you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by email to Indigenous Employment. (Please read our privacy policy for more information as to how we deal with information you send to us.)

No guarantees as to security of your information

While Indigenous Employment takes all due care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the Internet or while stored on Indigenous Employment systems or on Indigenous Employment’s Site. Indigenous Employment disclaims all liability to you to the greatest extent possible pursuant to law should this occur.

Your responsibility for your login details

To become a registered user, you must provide a password and an email address to Indigenous Employment directly (“login details”). You are entirely responsible if you do not maintain the confidentiality of your login details. Furthermore, you are entirely responsible for any and all activities that occur under your account. You may change your password at any time by following instructions. You may also delete services attached to your registration at your convenience.

You agree to immediately notify Indigenous Employment of any unauthorized use of your login details or any other breach of security relevant to Indigenous Employment known to you.

No misrepresentations allowed

You agree that it is a condition on your use of the Indigenous Employment Site and of any other services provided by Indigenous Employment or through the Site that you will not through any act or omission (including but not limited to creating a profile on the Indigenous Employment Site) mislead or deceive others.

Obligations of employers, agencies and third party recruiters

All employers, agencies and third party recruiters using the Indigenous Employment website (atsijobs.com.au) warrant and agree to the following:

1. they have the legal capacity to agree to be bound by these terms and guidelines and perform the obligations imposed by them.
2. advertisements posted by them will comply with all applicable laws and these terms and guidelines and they will not use Indigenous Employment website for any illegal purpose
3. advertisements posted by them will comply with all applicable laws and these terms and guidelines and they will not use Indigenous Employment website for any illegal purpose.
4. advertisements submitted to Indigenous Employment website do not breach any intellectual property rights of any person or company.

to indemnify Indigenous Employment against all actions, claims, demands, proceedings, suits, costs, damages, expenses, liabilities and losses (including any legal costs and expenses) arising from or incidental to any claim made against Indigenous Employment in connection with: (i) any breach of these terms and guidelines by the employer, agency or third party recruiter (as the case may be); (ii) any negligence on the part of the employer, agency or third party recruiter; (iii) the publishing of any advertisement on the Indigenous Employment website (atsijobs.com.au); and (iv) any actual or alleged breach by the employer, agency or third party recruiter of any applicable law which occurs as a result of an advertisement appearing on Indigenous Employment website (atsijobs.com.au).

Limitation of liability and disclaimers by Indigenous Employment

1. To the maximum extent permitted by law, Indigenous Employment will not be liable for any loss or damage (including any indirect, economic, special or consequential loss or damage, or any loss of revenue or profit) suffered or incurred by any employer, agency or third party recruiter, arising out of or in connection with their use of  the Indigenous Employment Australia website (atsijobs.com.au).
2. Indigenous Employment accepts no responsibility or liability for the content of any advertisements, including for any errors in any advertisements that are posted on the Indigenous Employment website (atsijobs.com.au). However, in the event that an employer, agency or third party recruiter notifies Indigenous Employment that an advertisement posted by it contains an error, Indigenous Employment agrees that it will make reasonable efforts to correct any such an error within a reasonable timeframe of being notified.
3. Indigenous Employment accepts no responsibility or liability for any failure of an employer, agency or third party recruiter to comply with all laws that are applicable to job advertisements posted by them on Indigenous Employment website.

Indigenous Employment accepts no responsibility for, and makes no warranties or representations about, the suitability of any candidates who apply for jobs posted on the Indigenous Employment website (atsijobs.com.au).

General provisions

Indigenous Employment reserves the right to terminate your agreement if you post any advertisement or utilise any feature of the Site in any way which is in breach of any of these Terms

Indigenous Employment reserves the right to, in its absolute discretion (acting reasonably), reject, edit or remove any advertisement from the Site for any reason.

If any part of this agreement is held invalid that part shall be severed from this agreement and the remainder of this agreement will continue to be valid and enforceable.

Termination of this agreement will not end those provisions that are capable of surviving the ending of this agreement.

The laws governing this agreement will be the laws in Victoria, Australia and you irrevocably submit to the exclusive jurisdiction of its Courts and its Appellate Courts and the jurisdiction of the Federal Court of Australia sitting in Queensland.

For the purposes of this agreement the words “Indigenous Employment”, “Indigenous Employment Pty Limited”, “We”, “Our” and “Us” refer to Indigenous Employment Limited and “Site” to materials delivered on www.atsijobs.com.au and other co-branded versions of the site.