INFORMATION SCHEDULE
PARTIES
This Agreement is between:
Principal means: Land a Job in Agriculture A.B.N. 90 521 403 920
AND
Client means: the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms by accessing the Principal’s websites and apps to search, apply or advertise for a job or in any other capacity.
DESCRIPTION OF SERVICE
The Principal’s Services include:
- The provision of an online employment marketplace, including posting and searching for employment opportunities, and creating profiles which may include personal information;
- The provision of online resume search access;
- The provision of learning, community and career advice resources on the Principal’s websites and apps;
- Matching of job specifications with potential candidate profiles and advising Users and/or candidates of the positions available;
- Providing Advertisers and/or employers with advertising services including banners, electronic direct mail system, design and posting support services; and
- Providing Advertisers and/or employers services to advertise on the Principal’s websites and apps.
Terms and Conditions
1. OVERVIEW
1.1 This Agreement states the terms of use (‘Terms’) under which the Client may use the Principal’s websites and apps (collectively, ‘the Principal’s websites and apps’). If the Client does not agree to these Terms, the Client should not register for an account, or use the Principal’s websites and apps. These Terms are effective on the date they are published on the Principal’s websites and apps.
2. INTERPRETATION
2.1 In the interpretation of this agreement:
2.1.1 References to legislation or provisions of legislation include changes or re-enactments of the legislation and statutory instruments and regulations issued under the legislation;
2.1.2 Words denoting the singular include the plural and vice versa, words denoting individuals or persons include bodies corporate and vice versa, references to documents or agreements also mean those documents or agreements as changed, novated or replaced, and words denoting one gender include all genders;
2.1.3 Grammatical forms of defined words or phrases have corresponding meanings;
2.1.4 Parties must perform their obligations on the dates and times fixed by reference to the capital city of Brisbane;
2.1.5 Reference to an amount of money is a reference to the amount in the lawful currency of the Commonwealth of Australia;
2.1.6 If the day on or by which anything is to be done is a Saturday, a Sunday or a public holiday in the place in which it is to be done, then it must be done on the next business day;
2.1.7 References to a party are intended to bind their executors, administrators and permitted transferees; and
2.1.8 Obligations under this agreement affecting more than one party bind them jointly and each of them severally.
3. DEFINITIONS
3.1 Advertiser means a person or entity that is contracting to post advertisements on any of the Principal’s websites and apps.
3.2 Confidential information means all information in whatever form be it oral, in writing or electronic concerning the business of the Principal or any related entity that is likely to damage the business of the Principal or related entity if disclosed to a third party but does not include information that is in the public domain or was known to the third party.
3.3 Content includes all text, graphics, design, programming, information, images, video, audio files, software and other contents used on the Principal’s websites and apps.
3.4 Force Majure includes storm, fire, flood, earthquake, cyclone, industrial action, and any other event or circumstance reasonably beyond the Principal’s control.
3.5 Intellectual property means copyright, trademark, patent, design, and any other intellectual property rights arising by law.
3.6 Location means the location as described in the Information Scheule.
3.7 Personal Details means a Client’s or Users individual name, signature, address, phone number, email address, and date of birth, or ay other information that is considered personal in accordance with The Privacy Act 1988.
3.8 Services means the services as described in the Information Scheule.
3.9 User means to any individual or entity that accesses or uses any aspect of the Principal’s websites and apps and/or Services.
3.10 User Content means all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages, or other materials submitted, posted, or displayed by the Client on or through the Principal’s websites and apps.
4. PAYMENTS BY THE CLIENT
4.1 The Client must pay the Principal for each piece of User Content that is posted on the Principal’s websites and apps.
4.2 The Client’s User Content remains on the Principal’s websites and apps for a period of 30 days, and after this time frame, will expire, automatically delete, and be removed from the Principal’s websites and apps (‘Period’).
4.3 Except as otherwise set forth herein, all fees are payable in AUD dollars.
4.4 Should the Client not pay any amounts when due, the Principal may (at its reasonable discretion and in addition to any other remedies the Principal may have) suspend the Client and its authorised Users access to the Principal’s websites and apps.
4.5 The Client shall pay the Principal a late fee of 12% per annum from the due date of the date of actual payment. Interest will be compounded and capitalised at the end of each calendar month.
5. REFUNDS
5.1 In the event of early expiry of the Client’s User Content as outlined in Clause 4.2, except for a material breach by the Client, the Client has the right to request a refund from the Principal for any fees paid by the Client for any remaining Period. The Principal acting reasonably has the absolute discretion to determine whether the Client is entitled to a refund of the remaining Period.
6. AGREEMENT AND VARIATIONS
6.1 The Principal’s websites and apps are provided to the Client for their use subject to these Terms. These Terms form a binding agreement between the Client and the Principal. By accessing or using the Principal’s websites and apps, the Client agrees to accept and be bound by these Terms.
6.2 The Principal may update these Terms from time to time and the updated version will apply to the Client. The Principal’s current Terms will be accessible through the Principal’s websites and apps.
6.3 If the Principal reasonably believes that changes to these Terms will be materially detrimental to Clients, the Principal will provide a notice on the Principal’s websites and / or apps 30 days prior to the changes taking effect.
6.4 If the Client does not wish to accept the new Terms, the Client should not continue to use the Principal’s websites and apps. If the Client continues to use the Principal’s websites and apps, the Client’s use will indicate their agreement to be bound by the new Terms.
7. REGISTRATION
7.1 To register an account on the Principal’s websites and apps the Client must be capable of entering into a legally binding contract in the country in which the Client lives.
7.2 The Client must ensure that the details provided by them to the Principal on registration (or at any time) are correct and complete.
7.3 The Client must inform the Principal immediately of any changes to the information that the Client has provided when registering by updating the Client’s Personal Details so that the Principal can communicate with the Client effectively.
7.4 The Client acknowledges that any Personal Details the Client shares on the Principal’s websites and apps can be viewed by other Users only with an account on the Principal’s websites and apps, and the Principal.
7.5 The Client shall indemnify the Principal for any direct loss or damage they suffer as a result of the Client posting Personal Details on the Principal’s websites and apps.
8. PASSWORD AND SECURITY
8.1 When the Client registers an account through the Principal’s websites and apps, the Client will be asked to create a password (‘Login Details’). In order to prevent fraud, the Client must keep their Login Details confidential and must not disclose them or share them with anyone. The Client agrees to immediately notify the Principal of any unauthorised use of the Client’s Login Details or any other breach of security that is relevant to the Principal.
8.2 If the Principal has reason to believe that there is likely to be a breach of security or misuse of the Principal’s websites and apps, the Principal may require the Client to change their Login Details or the Principal may suspend the Client’s account.
8.3 The Client is entirely responsible for maintaining the confidentiality of their Login Details. Furthermore, the Client is entirely responsible for any and all activities that occur within or through their account, except in the circumstances of a breach by a third party on the Client’s account. If there is a breach by a third party of the Client’s account, they must notify the Principal as soon as the Client becomes aware of the breach. The Principal can take whatever steps they determine reasonably necessary in the circumstances to protect the Principal’s websites and apps, including suspending the account until the breach is rectified.
8.4 If the Client does not maintain the confidentiality of their Login Details:
8.4.1 All resulting losses or damage incurred by the Principal, or the Client shall be borne by the Client; and
8.4.2 The Client shall indemnify the Principal for any direct loss or damage they suffer as a result of the Client not maintaining confidentiality of their Login Details.
9. TRADEMARK
9.1 Except for purposes of identification of Property, no right, title, interest, or license in or to any trademark or service mark of the Principal is granted to the Client under this Agreement.
10. CONFIDENTIAL INFORMATION
10.1 The parties acknowledge all information supplied to or obtained by them during the use of the Principal’s websites and apps pursuant to this Agreement are confidential.
10.2 The Client must not:
10.2.1 Disclose or use any part of any confidential information outside of the interests of the Principal;
10.2.2 Authorise or be involved in the improper use or disclosure of confidential information; and
10.2.3 Disclose or use any part of any confidential information without the Principal’s written consent, other than as required by law.
10.3 The Client must act in good faith towards the Principal and must prevent (or if impractical, report) the unauthorised disclosure of any confidential information. Failure to comply with this policy may result in the Principal pursuing monetary damages or other remedies.
10.4 The Client hereby indemnifies the Principal and any related entity of the Principal against any loss or damage the Principal may suffer as a result of a breach of confidentiality by the Client.
11. INTELLECTUAL PROPERTY
11.1 The Client may be given access to confidential information, data, business property, software, coding, know how, proposed inventions, novel ideas, or other business-related property/information in the performance of this Agreement. This must be protected for the sole benefit of the Principal and used only in the best interests of the Principal.
11.2 The Client acknowledges that the intellectual property in all works of the Client in the course of the fulfilment of this Agreement are the absolute property of the Principal and that the Client shall do all things and sign all documents that may be necessary to vest such intellectual property in the Principal.
11.3 Unless otherwise expressly permitted by the Principal, the materials and Content on the Principal’s websites and apps must only be used for the Client’s personal, non-commercial purposes. The Client must keep intact all and any copyright and proprietary notices. The Client may not otherwise reproduce, modify, copy or distribute or use for non-personal or commercial purposes any of the materials or Content on the Principal’s websites and apps without prior written permission from the Principal.
11.4 The Client waives all moral rights of the Client in respect of any intellectual property arising in the course of this Agreement and will not take any action against the Principal to enforce such rights.
11.5 All intellectual property developed by the Client during the Agreement with the Principal, including discoveries or inventions made in the performance of their duties related in any way to the business of the Principal, will remain the property of the Principal.
12. AVAILABILITY OF THE PRINCIPAL’S WEBSITES AND APPS
12.1 Although the Principal aims to offer the Client the best possible service, the Principal makes no promises, warranties, or representations that the Principal’s websites and apps will meet the Clients requirements.
12.2 The Principal cannot guarantee that their websites and apps will be uninterrupted, fault-free, error-free, or that the Principal’s websites and apps and servers are free from viruses or other harmful mechanisms. The Principal will take all reasonable steps to ensure that their websites and apps are protected from viruses or other harmful mechanisms, but the Client agrees that circumstances beyond the reasonable control of the Principal may impact the security of the Principal’s websites and apps. If a fault occurs with the Principal’s websites and apps, the Client should report it to the Principal and the Principal will attempt to correct the fault as soon as the Principal can.
12.3 The Client’s access to the Principal’s websites and apps may be occasionally restricted to allow for repairs, maintenance or the introduction of new Content, facilities or services. The Principal will attempt to restore access and/or service as soon as the Principal reasonably can.
12.4 The Client understands that the Principal cannot and do not guarantee or warrant to the Client that files available for downloading through the Principal’s websites and apps or delivered via electronic mail through the Principal’s websites and apps will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. The Client is responsible for implementing sufficient procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output, and for maintaining a means external to the Principal’s websites and apps for the reconstruction of any lost data.
13. Client’s use of the principal’s websites and apps
13.1 The Principal grants the Client a limited, terminable, non-exclusive right to access and use the Principal’s website and apps only for the Client’s personal use and/or employment purposes.
13.2 The Client must not use the Principal’s websites and apps for any of the following purposes:
13.2.1 disseminating any unlawful, illegally discriminatory, harassing, defaming, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any relevant laws;
13.2.2 aggregating, copying or duplicating in any manner any of the Content or information available from any of the Principal’s websites and apps, including expired job postings;
13.2.3 reproducing any of the Content for general use;
13.2.4 link to any Content or information available from any of the Principal’s websites and apps unless the Principal permits otherwise;
13.2.5 transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or codes of practice;
13.2.6 interfering with any other person’s use or enjoyment of the Principal’s websites and apps; or
13.2.7 making, transmitting, or storing electronic copies of materials protected by copyright without the permission of the owner.
13.3 If the Client breaches any of their obligations under Clause 13.2, then without further notice to the Client, the Principal has the right to edit, reject, alter, and remove the User Content from the Principal’s websites and apps.
13.4 The Client agrees not to resell or assign the Client’s rights or obligations under these Terms. The Client also agrees not to make any unauthorised commercial use of the Principal’s websites and apps.
13.5 The Client must not use data mining, robots, screen scraping, or similar automated data gathering, extraction or publication tools on the Principal’s websites and apps (including without limitation for the purposes of establishing, maintaining, advancing, or reproducing information contained on the Principal’s websites and apps on the Client’s own website or in any other publication), except with the Principal’s prior written consent.
14. Client’s use of the principal’s SERVICES
14.1 All Client’s agree to not:
14.1.1 Violate or attempt to violate the security of any of the Principal’s websites and apps, including, without limitation, accessing data not intended for them or logging into a server or account which they are not authorised to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication measures without proper authorisation, attempting to interfere with service to any user, host or network or sending unsolicited e-mails, including promotions and/or advertisements for products or services. Violations of system or network security may result in civil and/or criminal liability. The Principal will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Clients who are involved in such violations;
14.1.2 Reverse engineer or decompile any parts of any of the Principal’s websites and apps;
14.1.3 Aggregate, copy, or duplicate in any matter any of the Content or information available from any of the Principal’s websites and apps, including expired job postings, other than as permitted by these Terms or another agreement the Principal has with the Client;
14.1.4 Post any Content or material that facilitates, promotes or endorses scams, false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these Terms, such as making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating media, or promotes or endorses any political views;
14.1.5 Post any profile, resume or apply for any job on behalf of another party;
14.1.6 Access data not intended for the Client or logging into a server or account which the Client is not authorised to access;
14.1.7 Post or submit to any of the Principal’s websites and apps any inaccurate, incomplete, misleading, false, not up to date biographical information or information which is not the Client’s;
14.1.8 Post Content that contains restricted or password-only access pages, or hidden pages or images;
14.1.9 Solicit Login Details from other Clients;
14.1.10 Delete or alter any material posted by any other person or entity;
14.1.11 Harass, incite harassment or advocate harassment of any group, company or individual on the Principal’s websites and apps;
14.1.12 Attempt to interfere with service to any other client, host or network, including, without limitation, via means of submitting a virus to any of the Principal’s websites and apps, overloading, flooding, spamming, or crashing (or similar activity);
14.1.13 Use the Principal’s services for any unlawful purpose or illegal activity, or post or submit any Content, profile, resume, or job posting that is defamatory, implicitly or explicitly offensive, vulgar, obscene, threatening, harassing, abusive, hateful, racist, illegally discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined at the Principal’s discretion; or
14.1.14 Post any profile or resume which is not a genuine profile or resume and which attempts to advertise or promote products or services.
15. suspension
15.1 Where the Client is in breach of any obligation to the Principal, including, without limitation, to Clauses 13 and 14, the Principal has the exclusive right to alter, edit, reject or remove User Content the Client has submitted, posted, or displayed on or through the Principal’s websites and apps, and suspend the Client’s access to their account on the Principal’s websites and apps until the User Content is no longer in breach of these Terms.
15.2 Without prejudice to any other remedies the Principal may have, if at any time the Client is in breach of any obligation to the Principal (including those relating to payment), the Principal may in addition to any other right suspend or terminate any, some or all of the Client’s access to their accounts on the Principal’s websites and apps. The Principal will not be liable to the Client for any loss or damage the Client suffers because the Principal has exercised any lawful rights the Principal has.
16. Termination
16.1 Termination for Breach
16.1.1 Without limiting its other rights or remedies, either party may terminate the Agreement with immediate effect by giving written notice to the other party if:
- The other party commits a material breach of the Agreement and (if such breach is remediable) fails to remedy that breach within 30 business days of that party being notified in writing of the breach;
- The other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due, is deemed to be unable or admits its inability to pay its debts;
- Any proceedings associated with rescheduling any debts, compromise, or arrangement with creditors, winding up, bankruptcy, administration are instigated by that other party, other than in the event the proceedings are for the sole purpose of a scheme of solvent amalgamation or reconstructions; or
- The other party suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business.
16.2 Without prejudice to the Principal’s other rights and remedies, the Principal shall be entitled to terminate with immediate effect the Agreement that remains unfulfilled if:
16.2.1 Any money payable to the Principal becomes overdue;
16.2.2 The Client becomes insolvent or bankrupt, convene a meeting with the Client’s creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of the Client’s creditors; or
16.2.3 A receive, manager, administrator, trustee, liquidator (provisional or otherwise), or similar person is appointed in relation of the Client or any asset of the Client.
16.3 Termination of the Agreement does not:
16.3.1 Affect any claim or action a party may have against the other party or affect any other right or remedy that the party may have;
16.3.2 Release a party or any guarantors; or
16.3.3 Release any other party of an obligation which is intended to continue after termination.
16.4 In addition to any other rights the Principal has, the Principal is entitled to recover from the Client all monies owing to the Principal plus loss, damages, interest and costs.
17. Force Majure
17.1 Neither party shall be deemed to have breached any provision of this Agreement as a result of any delay, failure in performance, or interruption of service resulting directly or indirectly from acts of God, network failures, acts of civil or military authorities, civil disturbances, wars, terrorism, energy crises, fires, transportation contingencies, interruptions in third party telecommunications or internet equipment or service, other catastrophes, or any other occurrences which are beyond the party’s control.
18. limited liability
18.1 The Principal’s websites and apps (which include the Principal’s services) act primarily as venues for:
18.1.1 Employers or their agents to post job opportunities and search for and evaluate job candidates;
18.1.2 Candidates to create profiles and search for, evaluate and apply to job opportunities; and
18.1.3 Advertisers to post their advertisements.
18.2 To the maximum extent permitted by law, the Principal is not responsible for User Content, the quality, safety, or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and the Principal makes no representations about any jobs, profiles, resumes or User Content on the Principal’s websites and apps.
18.3 The Principal does not endorse or recommend any of the jobs, business or self-employment opportunities advertised on the Principal’s websites and apps and the Principal strongly recommends that prior to entering into any agreement with any of the Advertisers on the Principal’s websites and apps, that the Client obtains their own independent legal, accounting, financial or taxation advice as appropriate. It is solely the Client’s responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise, and other information provided through the Principal’s websites and apps or on the internet generally.
18.4 The Principal’s websites and apps and Content may contain inaccuracies or typographical errors. The Principal makes no representations about the accuracy, reliability, completeness, or timeliness of any of the Principal’s websites and apps or the Content. The use of any of the Principal’s websites and apps and the Content is at the Client’s own risk.
18.5 While the Principal takes all due care in ensuring the privacy and integrity of the information the Client provides, the possibility exists that this information could be unlawfully observed by a third party while in transit over the internet or while stored on the Principal’s systems or on the Principal’s websites and apps. The Principal disclaims all liability to the Client to the extent reasonably permitted by law.
18.6 If the Principal is in breach of these Terms or have any other legal liability to the Client (to the extent it cannot be excluded under law), the Principal will only be responsible for any losses that the Client suffers as a direct result and to the extent that they are a foreseeable consequence to both parties at the time the Client uses the Principal’s websites and apps. The Principal’s liability shall not in any event include business losses such as lost data, lost profits, or business interruption.
18.7 To the maximum extent permitted by law, the Principal’s liability for breach of a term (whether implied or otherwise) which cannot be excluded by law, is limited at the Principals option to either, the supply of the products or services (or the equivalent products or services) again or the payment of the cost of having the products or services supplied again.
19. General
19.1 Disclaimer
19.1.1 The Client acknowledges and agrees that it is not the Principal’s policy to exercise editorial control over and to edit or amend any data or Contents of any emails or posting or any information that may be inserted or made available or transmitted to or from a third party in or through the Principal’s websites and apps and/or the Principal’s services.
19.2 Relationship of the Parties
19.2.1 The parties to this Agreement are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise, or agency between the parties. Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other party’s prior written consent.
19.3 Severability
19.3.1 The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement.
19.4 Waiver
19.4.1 The failure of either party to enforce at any time the provisions of this Agreement, or the failure to require at any time performance by the other party of any of the provisions of this Agreement, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the ability of either party of any provision, condition, or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition, or requirement.
19.5 Entire Agreement
19.5.1 This Agreement, including any and all exhibits attached hereto, is the entire Agreement of the parties and supersedes any prior representations, agreements, negotiations, or understandings between them, whether written or oral, with respect to the subject matter hereof. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by duly authorised representatives of the parties hereto. This Agreement supersedes any conflicting or additional terms and conditions set forth on any other licence or similar commercial document which may be issued by the Client.
19.6 Notices
19.6.1 All notices required or permitted under this Agreement may be in writing and delivered by email, confirmed facsimile transmission, by courier or overnight delivery service, or by certified mail, and in each instance will be deemed given upon receipt. All information will be sent to the addresses set forth in the Information Schedule or to such other addresses as may be specified by either party to the other in accordance with this section. Either party may change its address for notices under this Agreement by giving written notice to the other party by the means specified in this section.
19.7 Counterparts
19.7.1 This Agreement may be signed in counterparts, each of which shall be deemed an original and which shall together constitute one and the same Agreement. The exchange of copies of this Agreement in electronic format (e.g., in ‘pdf’ format) shall constitute effective execution and delivery of this Agreement as to the parties and may be used in lieu of the original Agreement for all purposes.
19.8 Governing Law
19.8.1 The relevant laws and regulations of this Agreement are governed by the State of Queensland.
These Terms were uploaded to the website for Land a Job in Agriculture on 5th of April 2024.