ADVERTISING TERMS AND CONDITIONS
These Advertising Terms and Conditions ("Terms") apply to all advertising provided to any person or entity ('Customer') by Ozstaff Holdings Pty Ltd (ACN 603 140 834) ("Ozstaff") on this Website ("Site").
- 1. Publication of Advertising
- 1.1 Subject to these Terms, Ozstaff will use its reasonable endeavours to publish advertising submitted by Customers ('Advertising') on the Site.
- 1.2 The Customer grants Ozstaff a worldwide, royalty-free, non-exclusive, irrevocable licence to publish, and to sub-licence the publication of, the Advertising on the Site. The Customer warrants that it has the right and authority to grant Ozstaff the licence referred to in this clause 1.2.
- 2. Right to Refuse Advertising
- 2.1 Neither these Terms nor any written or verbal quotation by Ozstaff represents an offer to publish Advertising. A binding contract for Advertising will only be formed between Ozstaff and the Customer when Ozstaff accepts the Advertising in writing or generates a tax invoice for that Advertising.
- 2.2 Ozstaff 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 Ozstaff).
- 3. Right to vary Format or Placement
- 3.1 Ozstaff reserves the right to:
- (a) vary the placement of Advertising on the Site, except where the Customer has requested that the Advertising be published as an Ozstaff Hot Job in which case it will be listed accordingly;
- (b) format the Advertising as it sees fit, including but not limited to choosing the font, size and colour of the Advertising.
- 3.2 Except in accordance with clause 11, Ozstaff will not be liable for any costs, expenses, losses or damages incurred by the Customer arising from Ozstaff's failure to publish Advertising in accordance with the Customer's request.
- 3.3 Ozstaff will publish Advertising under the heading that it determines is most appropriate. Advertising headings are for the convenience of users of the Site and are determined at the discretion of Ozstaff.
- 4. Submission of Advertising
- 4.1 The Customer warrants to Ozstaff that the Advertising and the publication by Ozstaff of the Advertising does not breach or infringe:
- (a) the Competition and Consumer Act 2010 (Cth) ("CCA") or equivalent legislation;
- (b) any intellectual property rights, 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; State or Commonwealth anti-discrimination legislation; the Privacy Act 1988 (Cth);
- (d) any financial services law as defined in the Corporations Act 2001(Cth); or
- (e) 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 The Customer must ensure that all position descriptions within the Advertising comply with all applicable advertising and industrial relations laws.
- 4.3 The 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.
- 4.4 Advertising must not contain a link to an external website.
- 4.5 Each piece of Advertising must only contain one position description.
- 4.6 Advertising must be submitted electronically in accordance with Ozstaff's specifications. Ozstaff may reject the Advertising material if it is not submitted in accordance with such specifications.
- 4.7 Ozstaff will endeavour to take reasonable care of Advertising material in its custody and control, but will not be responsible for any loss or damage to Advertising material.
- 4.8 Where the Customer requests Ozstaff to change, vary or update any Advertising whilst it is on the Site, Ozstaff may:
- (a) update the Advertising as requested.
- (b) reject the request for variation;
- (c) charge the Customer for further advertising where in Ozstaff's reasonable opinion, the amended Advertising will detail a different position description than previously.
- 4.9 If, in Ozstaff's reasonable opinion, any Advertising contains more than one position description in breach of clause 4.6 above, or where the Customer copies, reposts, refreshes, reclassifies or extends the Advertising posted on the Site, the Customer will be deemed to have posted new or additional advertising and Ozstaff will charge the Customer accordingly.
- 5. Cancellation or Inability to Publish
- 5.1 If Ozstaff is unable to publish the Advertising, it may cancel the Advertising (even if it has already been accepted) by written notice to the Customer.
- 5.2 No purported cancellation of Advertising by the Customer is binding on Ozstaff once the Advertising has been accepted.
- 5.3 If Ozstaff accepts a cancellation from the Customer, Ozstaff reserves the right to:
- (a) charge the Customer for Advertising cancelled on less than [3] days notice; and
- (b) charge the Customer for any work done in relation to the Advertising prior to cancellation.
- 5.4 Subject to clause 11, Ozstaff is not liable for any loss, damages or liabilities arising from a failure of the internet or any telecommunications structure.
- 6. Provision of Advertising
- 6.1 Any date for the provision of the Advertising stated by Ozstaff is an estimate only and not a contractual commitment. If Ozstaff cannot arrange the Advertising by any estimated date, it will do so within a reasonable time.
- 6.2 The Customer must promptly check proofs of Advertising (if these are provided to the Customer by Ozstaff) and notify Ozstaff of any errors in the proofs or in published Advertising.
- 6.3 Ozstaff does not accept responsibility for any errors submitted by the Customer or its agent, except where the Customer is a consumer as defined in the Australian Consumer Law Schedule of the CCA ("ACL") and Ozstaff has not used due care and skill.
- 6.4 Without limiting Ozstaff's liability or the Customer's rights under clause 11, if the Customer wishes to make a claim on Ozstaff for credit, re-publication or any other remedy in respect of Advertising, the Customer should send the claim in writing to Ozstaff no later than [7] days after the date of publication of the Advertising.
- 6.5 Ozstaff will only investigate complaints during normal office hours (9am to 5pm, Monday to Friday excluding public holidays).
- 7. Advertising Rates and GST
- 7.1 Unless otherwise agreed, the Customer must pay the applicable prices listed on the Site for the Advertising. The prices listed on the Site may be varied at any time by Ozstaff without notice.
- 7.2 Unless otherwise specified, prices listed on the Site include GST and other taxes or duties imposed on or in relation to the Advertising. The Customer must pay GST at the same time as it pays for the Advertising. Ozstaff will provide the Customer with a tax invoice.
- 8. Credit
- 8.1 Ozstaff may grant, deny or withdraw credit to the Customer at any time in its discretion.
- 8.2 The Customer must ensure that its membership information and account number is available only to those of its employees authorised to use it. The Customer acknowledges that it will be liable for all Advertising requested with the quotation of the Customer's account number.
- 9. Payment
- 9.1 The Customer must pay for Advertising:
- (a) by pre-payment, where credit has not been extended by Ozstaff; or
- (b) within 14 days from the date of the invoice if credit has been extended by Ozstaff.
- 9.2 The Customer must pay:
- (a) the full price for Advertising regardless of the format or placement of the Advertising and even if there is an error or omission in the Advertising (unless the error or omission was the fault of Ozstaff); and
- (b) any electronic transmission costs.
- 10. Failure to Pay and other Breach
- 10.1 If the Customer fails to pay for Advertising in accordance with clause 9 or if the Customer suffers an Insolvency Event as defined in clause 10.2, Ozstaff may (in its discretion and without limitation):
- (a) cancel any provision of credit to the Customer;
- (b) require pre-payment for further Advertising;
- (c) charge interest on all overdue amounts at the rate 2% above the prevailing rate pursuant to the Penalty Interest Rates Act 1983 (Vic);
- (d) take proceedings against the Customer for any outstanding amounts;
- (e) recover from the Customer all costs of action taken by Ozstaff to recover amounts owing, including without limitation, mercantile agency and legal costs on a full indemnity basis;
- (f) cease publication of any further Advertising on behalf of the Customer and terminate any agreement in relation to Advertising not yet published; and
- (g) exercise any other rights at law.
- 10.2 The Customer suffers an 'Insolvency Event' if:
- (a) the Customer is a natural person and the Customer commits an act of bankruptcy;
- (b) the Customer is a body corporate and the Customer: .
- (i) cannot pay its debts as and when they fall due;
- (ii) enters an arrangement with creditors other than in the ordinary course of business;
- (iii) passes a resolution for administration, wind up or liquidation (other than for the purposes of re-organisation or reconstruction);
- (iv) has a receiver, manager, liquidator or administrator appointed to any of its property or assets; or
- (v) has had a petition presented for its winding up.
- 10.3 A written statement of debt duly signed by an authorised employee of Ozstaff shall be prima facie evidence and proof of the amount owed by the Customer to Ozstaff.
- 11. Disclaimers and Liability
- 11.1 Ozstaff does not guarantee that the publication of Advertising on the Site will be uninterrupted or error-free, and you agree that from time to time Ozstaff may remove the Advertising for indefinite period of time, or cancel the Advertising at any time, without notice to you, where reasonably necessary to protect Ozstaff's legitimate interests, to maintain or improve the Site or to comply with an order from any competent judicial, administrative or regulatory authority.
- 11.2 The Customer acknowledges that it has not relied on any service involving skill or judgement, or on any advice, recommendation, information or assistance given or representation made by or on behalf of Ozstaff in connection with the Advertising.
- 11.3 The Customer acknowledges that it has not made known either expressly or by implication, to Ozstaff any purpose for which it requires the Advertising and it has the sole responsibility of satisfying itself that the Advertising is suitable for the use of the Customer.
- 11.4 Except as these terms specifically state, the agreement between Ozstaff and the Customer for the publication of the Advertising by Ozstaff ("Agreement") does not include by implication any other term, condition or warranty in respect of the quality, fitness for purpose of the Advertising or any contractual remedy for its failure.
- 11.5 If the Customer is a consumer as defined in the ACL nothing in these terms restricts, limits or modifies the Customer's rights or remedies against Ozstaff for failure of a statutory guarantee.
- 11.6 If clause 11.5 does not apply, then other than as stated in these Terms Ozstaff is not liable to the Customer in any way arising under or in connection with the Advertising.
- 11.7 Ozstaff is not liable for any indirect or consequential losses or expenses suffered by the Customer or any third party, howsoever caused, including but not limited to loss of turnover, profits, goodwill, revenue, business opportunity or any liability to any other party except to the extent of any liability imposed by the ACL.
- 11.8 The Customer indemnifies Ozstaff and its officers, employees, contractors and agents (the 'Indemnified') against any costs, expenses, losses, damages and liability suffered or incurred by the Indemnified arising from the Customer's breach of these terms and any negligent or unlawful act or omission of the Customer in connection with the Advertising.
- 11.9 Nothing in these Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the supply of services which cannot be excluded, restricted or modified.
- 12. Privacy
- 12.1 Ozstaff collects the Customer's personal information to provide the Advertising to the Customer and for invoicing purposes. Ozstaff may disclose this personal information to its related companies, to credit reporting agencies and other third parties as part of provision of the Advertising. Where the Customer has an overdue account, Ozstaff may disclose personal information to debt collection agencies to recover the amount due.
- 12.2 Customers may gain access to their personal information by writing to the Ozstaff Privacy Officer at [insert address]. More information about privacy is in Ozstaff's privacy policy accessible at [LINK].
- 13. Confidentiality
- 13.1 Each party must treat as confidential, and will procure that its advertising agents, other agents, contractors and representatives ("Agents") treat as confidential:
- (a) the terms of this Agreement (including terms relating to volumes and pricing);
- (b) any information generated for or pursuant to the performance of this Agreement, including without limitation 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 (c) above; unless disclosure is required by law.
- 13.2 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.
- 14. General
- 14.1 These Terms, together with any other written agreement between the Customer and Ozstaff relating to these Terms, represent the entire agreement of the Customer and Ozstaff for Advertising. They cannot be varied or replaced by any of the Customer's terms.
- 14.2 Ozstaff may amend these Terms from time to time. Any amendment will apply to Advertising submitted following the amended Advertising Terms and Conditions being posted on this Site. A copy of the current Advertising Terms and Conditions will be available on this Site at all times.
- 14.3 Ozstaff will not be liable for any delay or failure to publish Advertising caused by a factor outside Ozstaff's reasonable control (including but not limited to any act of God, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint).
- 14.4 Ozstaff may serve any notice on the Customer by sending it by email to its inbox on the Site, or other email address provided by the Customer, pre-paid post or facsimile to the last known address of the Customer.
- 14.5 These Terms are governed by the laws of the Victoria, Australia. Each party submits to the non-exclusive jurisdiction of that State.
