Advertisers on COOEEads ("Site") identified as "the Advertisers" agree to be bound by the following terms and conditions.
1. Services:
The Advertiser acknowledges Project Nature-Ed is providing an on-line recruitment advertising and information service ("Services") for use in accordance with these terms. Project Nature-Ed may change the Services and any resources, equipment, infrastructure, applications or systems (including the look and feel of the site) used by it to provide the Services under this agreement. Project Nature-Ed will try to give the Advertiser as much notice of changes to specifications as is reasonably practicable.
2. Conditions of Use:
As a condition of using any Services supplied by Project Nature-Ed, Advertisers must comply with all anti-discrimination and equal opportunity legislation applicable in the State or Territory in which they conduct business. Where an exemption to comply with the legislation has been granted, the exemption number must be included in the advertisement submitted to Project Nature-Ed. Project Nature-Ed reserves the right to either reject, withdraw or remove any advertisement without notice to the Advertiser that is or appears to Project Nature-Ed to be contrary to law.
3. Payment:
The Advertiser agrees to pay, for the Services at the rates set by Project Nature-Ed. Project Nature-Ed may change its rates unless they are expressly fixed for a period. All amounts payable under this agreement shall be in Australian dollars, plus GST (if any). The Advertiser will pay any GST and any other taxes, duties or levies related to the provision of the Services.
4. Overdue Payments:
The Advertiser will pay to Project Nature-Ed the principle together with any debt collection costs on any amount due and not paid by the time required by this agreement. A late penalty charge amounting to 10% of the principle may be applied in lieu of debt collection costs to cover administrative expenses incurred in the follow-up of overdue accounts. All payments must be made in full without deduction, set off or counterclaim.
5. Accuracy of posted information:
The Advertiser will ensure all information sent to Project Nature-Ed for posting on COOEEads is accurate and complies with all relevant legal requirements as well as anti-discrimination and equal rights legislation of Australia. All reasonable efforts will be undertaken by Project Nature-Ed to edit errors brought to Project Nature-Ed's attention as soon as reasonably possible.
6. Indemnity:
On lodging material with Project Nature-Ed for publication on its site, Advertisers and users indemnify Project Nature-Ed and its officers, employees and agents against any claim, demand, injury, direct or indirect damage, loss or cost, liability, right of action or claim for compensation in contract, under statute or in tort (including negligence) made against or suffered by any of those indemnified arising, in whole or in part, as a result of:
a. the publication of the advertisement; or
b. continued availability of any particular job should the Advertiser have filled the vacancy at any time; or
c. any activity that is expressed in these terms and conditions to be the responsibility of the Advertiser or user; or
d. a breach of these terms and conditions.
7. Obligation to monitor COOEEads:
The Advertiser acknowledges that in respect of the communication of data and information between Advertiser and User, Project Nature-Ed' sole responsibility is as facilitator of that communication. The Advertiser is responsible for all content and communications and indemnifies Project Nature-Ed against all claims relating to the content or communications.
8. Acknowledgement and use of Users personal information:
The Advertiser acknowledges and agrees that subscribers to COOEEads and visitors to the COOEEads website ("Users") will be transmitting sensitive personal information when applying for jobs electronically or by mail, the proper management of that information is critical to the success of COOEEads.
9. Security of Advertiser ID and password:
The Advertiser will be responsible for ensuring the security, confidentiality and proper use of any Advertiser login and passwords allocated to the Advertiser ("Login") and ensure that only its authorised employees and agents have access to its Login.
10. Interruptions:
Project Nature-Ed provides no warranty to Advertisers that services generally available through the Site will be uninterrupted or error free. Project Nature-Ed may interrupt the operation of all or part of COOEEads from time to time, to undertake any preventative or corrective maintenance or enhancement to COOEEads or if required by law or for such other purpose as Project Nature-Ed reasonably believes is necessary. Project Nature-Ed agrees that any disruptions to or a denial of access to its Site will be remedied as quickly as possible.
11. All other warranties excluded:
All warranties, representations and/or guarantees not contained in this agreement are excluded, including without limit any warranty of merchantability or fitness for a particular purpose.
12. Exclusion of liability:
Project Nature-Ed will not be liable for any amount or to any person for:
a. Failure of Services: failure of Services to be compatible with any technology, immediate, continuous or error free;
b. User actions: incidents, loss or damage suffered by Advertiser while accessing or using Project Nature-Ed including where caused or claimed by Users or other third parties;
c. Fault of other party: any breach of this agreement to the extent that the breach is attributable to the prior default, negligence, misconduct or breach of Advertiser, its employees, or agents;
d. Indirect: any amounts for any indirect, incidental, or consequential loss or damage including loss of profits, data, savings of any party (including third parties);
e. Employment: if a candidate is not given, or does not obtain a job for any reason;
f. Beyond control: any amounts or default to the extent they are attributable to an event beyond Project Nature-Ed' control.
13. Limited Liability:
Subject to clause 12, the total liability of Project Nature-Ed for any and all incidents relating to all breaches of this agreement, torts (including negligence), contraventions of any statute or any other action will be limited to the amounts paid for the relevant Services not provided.
14. Existing Intellectual Property:
The parties agree that any intellectual property existing at the date of this agreement that is not developed pursuant to this agreement, but which is used for the purposes of this agreement, shall remain the property of its current owner. For the avoidance of doubt, the Advertiser will not obtain any rights in any templates, programs or tools provided by Project Nature-Ed to Advertiser.
15. New Intellectual Property:
Project Nature-Ed will own all intellectual property developed, commissioned or contracted for, in connection with this agreement, including the provision of the Services.
16. Licence to use Intellectual Property:
To the extent that it is necessary to use the other party's intellectual property rights, each party grants to the other party a licence to use any intellectual property rights relating to any matter included on, or in relation to Project Nature-Ed by the granting party for the limited purpose of the other party providing and receiving the Services in accordance with this agreement.
17. Assign or Transfer of all rights:
Project Nature-Ed may, at any time, and without the need for further consent from the Advertiser, assign or transfer all or any of its rights or obligations under this agreement to any person, provided such person is of sufficient financial substance to meet Project Nature-Ed's liabilities and obligations under this agreement. The Advertiser may not assign or transfer any of its rights or obligations under this agreement to any other person without obtaining the prior written consent of Project Nature-Ed (such consent not to be unreasonably withheld or delayed), except that the Advertiser may assign or transfer its rights and obligations under this agreement to any member of the Advertisers group/company, provided that such member of the Advertisers group/company is of sufficient financial substance to meet the Advertisers liabilities and obligations under this agreement.
18. Amendment:
Project Nature-Ed may change these terms on notice to the Advertiser. This may include placing amended terms on the 'COOEEads' website.
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