These terms apply to all advertising provided to any person (‘Customer’) by JobSense. Customer includes an advertiser on whose behalf Advertising is placed and any media company or agency that arranges the Advertising for its clients.
OUR FREE JOB POSTING SERVICE COULD BE TERMINATED ANY TIME WITHOUT NOTICE!
1. Publication of Advertising
1.1 Subject to these Terms, JobSense will use its reasonable endeavours to publish advertising (‘Advertising’) in the format and in the position agreed with the Customer. ‘Advertising’ includes images submitted for publication and content or information relating to published Advertisements.
1.2 Customer grants JobSense a worldwide, royalty-free, non-exclusive, irrevocable licence to publish, and to sub-licence the publication of, the Advertising in any form or medium, including print, online or other. Customer warrants that it is authorised to grant JobSense the licence in this clause 1.
2. Right to Refuse Advertising
2.1 Neither these Terms nor any written or verbal quotation by JobSense represents an agreement to publish Advertising. An agreement will only be formed between JobSense and Customer when JobSense accepts the Advertising in writing or generates a tax invoice for that Advertising.
2.2 JobSense reserves the right to refuse or withdraw from publication any Advertising at any time without giving reasons (even if the Advertising has previously been published by JobSense).
3.1 JobSense will not refund any payments made for advertising. Ads can be purchased in advance and you may have up to 90 days to use the credit.
3.2 JobSense will not refund any payments if ads have not been published within 90 days of payment.
3.3 JobSense "Ad Credit" cannot be tranferred to any other accounts. It must be used by the Customer to post ads.
4. Submission of Advertising
4.1 Customer warrants to JobSense that the publication of the Advertising does not breach or infringe:
(a) the Competition and Consumer Act (Cth) or equivalent State legislation;
(b) any copyright, trade mark, obligation of confidentiality or other personal or proprietary right;
(c) any law of defamation, obscenity or contempt of any court, tribunal or royal commission;
(d) State or Commonwealth privacy legislation or anti-discrimination legislation;
(e) any financial services law as defined in the Corporations Act 2001 (Cth); or
(f) any other law or applicable code (including any common law, statute, delegated legislation, rule or ordinance of the Commonwealth, or a State or Territory).
4.2 Customer warrants that if Advertising contains the name or photographic or pictorial representation of any living person and/or any copy by which any living person can be identified, the Customer has obtained the authority of that person to make use of his/her name or representation or the copy.
4.3 Advertising containing contact details for the Customer must contain the full name and street address of the Customer. Post office box and email addresses alone are insufficient.
4.4 JobSense will not be responsible for any loss or damage to any Advertising material left in its control.
4.5 Advertising submitted electronically must comply with JobSense’s specifications. JobSense may reject the Advertising material if it is not submitted in accordance with such specifications.
4.6 Advertising material delivered digitally must include the JobSense booking or material identification number.
4.7 If Customer is a corporation and the Advertising contains the price for consumer goods or services, Customer warrants that the Advertising complies with the component pricing provisions of the Competition and Consumer Act(Cth) and contains, as a single price, the minimum total price to the extent quantifiable at time of the Advertising.
4.8 Customer must not resell Advertising space to any third party without JobSense’s consent.
4.9 If Advertising promotes a competition or trade promotion, Customer warrants it has obtained all relevant permits and indemnifies JobSense against any loss in connection with the Advertising.
5. Online Advertising
5.1 For online banner and display Advertising, Customer must submit creative materials and a clickthrough URL to JobSense at least 3 working days (5 working days for non-gif material) or within such other deadline advised by JobSense at its discretion before publication date.
5.2 JobSense is not liable for loss or damage from an internet or telecommunications failure.
5.3 Customer acknowledges that JobSense may at its discretion include additional features or inclusions such as third party advertisements within online classified Advertising.
6.1 Customer must promptly check proofs of Advertising (if provided to the Customer by JobSense) and notify JobSense of any errors in the proofs or in published Advertising.
6.2 JobSense does not accept responsibility for any errors submitted by the Customer or its agent, including errors in Advertising placed over the telephone.
6.3 Customer must send any claim for credit or republication in writing to JobSense no later than 7 days after the date of publication of the Advertising.
7.1 The Customer must pre-pay for Advertising if required by JobSense. If Advertising is on account, payment must be within 7 days of date of the invoice .
7.2 If Customer fails to provide the copy for a booking by publication deadline, Customer will be charged unless a cancellation is approved by JobSense. If JobSense accepts Advertising after the deadline, it will be deemed out of specification. Customer has no claim against JobSense for credit, republication or otherremedy for out of specification Advertising.
7.3 Customer must pay the full price for Advertising even if JobSense varied the format or placement of the Advertising or if there is an error in the Advertising, unless the error was JobSense’s fault. Customer must pay its electronic transmission costs.
8.1 JobSense collects a Customer's personal information to provide the Advertising to the Customer and for invoicing purposes. JobSense may disclose this personal information to its related bodies corporate, to credit reporting agencies and other third parties as part of provision of the Advertising and for overdue accounts, to debt collection agencies to recover amounts owing.
8.2 JobSense provides some published Advertising to third party service providers. Where such Advertising contains personal information, Customer consents to the disclosure of their personal information in the advertising to third parties and to the personal information being republished by a third party.
9.1 Each party will treat as confidential, and will procure that its advertising agents, other agents, and contractors (‘Agents’) treat as confidential and will not disclose, unless disclosure is required by law:
(a) the terms of this Agreement (including terms relating to volumes and pricing);
(b) information generated for the performance of this Agreement, including all data relating to advertising schedules, budgets, forecasts, booked advertising, prices or volumes;
(c) any other information that ought in good faith to be treated as confidential given the circumstances of disclosure or the nature of the information;
(d) any information derived wholly or partly for any information referred to in (a) to
Each party agrees to take all reasonable precautions to prevent any unauthorised use, disclosure, publication or dissemination of the confidential information by or on behalf of itself or any third party.
10.1 These Terms, with any other written agreement, represent the entire agreement of the Customer and JobSense for Advertising. They can only be varied in writing by an authorised officer of JobSense. No purchase order or other document issued by the Customer will vary these Terms.
10.2 JobSense will not be liable for any delay or failure to publish Advertising caused by a factor outside JobSense’s reasonable control (including but not limited to any act of God, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint).
10.3 JobSense may serve notice on Customer by email to the Customer.
10.4 These Terms are governed by the laws of the State in which the billing company for the Advertising is located and each party submits to the non-exclusive jurisdiction of that State.
10.5 JobSense have right to change these terms any time without a prior notice.
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