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HirePulse Terms and Conditions
This website ("the Site") is owned and operated by CareerPulse Pty Ltd (ACN 137 292 418) ("CareerPulse"). Your access to and use of this Site and the data available on the Site is governed by the following terms and conditions:
Application of These Terms and Conditions
- You agree to be bound by these terms and conditions, as may be varied or updated, in accordance with clause 1.3.
- From time to time, CareerPulse may vary the terms and conditions of the Site. Such variations may, for example, be made to keep them in line with updates to its business, to comply with legislative changes of for security or technical reasons. Your continued use of the Site after such variations come into effect is deemed acceptance of the new terms and conditions.
- For the purposes of these Terms and Conditions, “Services” means the provision of on-line advertising for contractors and businesses.
- You must be registered as a subscriber of the Site in order to advertise your services. By subscribing to CareerPulse, you have requested and CareerPulse has agreed to provide you with the Services.
- CareerPulse may modify the Services, including no longer offering particular services or including new services, from time to time to stay up-to-date with best business practices and technology.
- Upon subscribing, CareerPulse will assign you a logon name and password (“Logon Information”) which will provide you access to the appropriate aspects of the Site associated with the Services and which will allow you to update your details, view any notices, view your account information and your advertisements.
- You are responsible for all aspects of the content you place on the Site and such information must comply with the requirements of these Terms and Conditions.
- You must ensure you keep your Logon Information confidential. You agree to immediately change your password if you believe it is lost, stolen or otherwise compromised.
- CareerPulse does not take any responsibility for any loss, liability, claim, demand, damages, costs and expenses arising out of or in connection with use of your Logon Information and password by you or any other person.
Cost and Duration of Subscription
- CareerPulse charges a set fee for a primary advertisement for an initial twelve (12) month period which incorporates the charges of a first advertising slot. The amount of this set fee will be indicated to you at the time of subscription or renewal, as appropriate.
- CareerPulse charges an additional set fee for each additional advertising slot through which an additional team member may be referenced in your advertisement. The amount of this set fee will be indicated to you prior to you confirming that you wish to purchase advertising slots for one or more additional team members. Please note that on renewal of the primary advertisement, you will be required to again pay the additional set fee for each additional advertising slot you wish to maintain.
- CareerPulse may vary the price it charges for some or all of the Services at any time. Any change to pricing for the Services will become effective upon publication of a notice via the Site, and will apply from the date of publication or such other date as may be indicated in the notice.
- CareerPulse reserves the right to reduce, in whole or in part, any or all of the fees mentioned in paragraphs 3.1 and 3.2 in line with any special or promotional activity it may undertake from time to time. Such specials or promotional activities may not be available to all subscribers or potential subscribers and may be subject to additional terms and conditions as indicated on the Site.
- CareerPulse may offer refunds or credits in respect of the Services at its sole discretion. Subscribers should be aware that it is CareerPulse’s policy not to issue refunds or credits.
- Invoices will be issued for all subscribed Services and must be paid within fourteen (14) days of the date of the invoice.
- CareerPulse reserves the right to suspend any advertisement for which it has not been paid in full.
- Each renewal is for a further advertising period of twelve (12) months.
- At least one (1) month prior to expiry of the initial and each subsequent advertising period, CareerPulse will contact you to see whether you are interested in renewing your advertisement. If you are interested in renewing your advertisement, an invoice for your renewal will subsequently be sent to you for payment.
- If we do not receive confirmation that you are interested in renewing your advertisement, your advertisement will be suspended following expiry of the advertising period.
- CareerPulse endeavours to list all advertisements in each category on a first come, first served basis. However, while all care is taken, no guarantee is made that any advertisement will be assured a particular priority. You also accept that the priority of any advertisement will also be determined to a large extent on the search criteria used by any visitor to the Site.
- CareerPulse reserves the right to introduce one or more premium listing advertisements for each category. Premium listing classifieds will be afforded priority over other listing advertisements in accordance with the terms of the premium listing service concerned.
- This Site and the data contained in it are supplied solely for informational use. You are only authorised to use the advertised information for the purpose of enquiring about a subscriber’s products or services and/or to advertise your own services.
- CareerPulse accepts your advertisement and other information in good faith as accurate and in conformity with all applicable laws.
- CareerPulse does not guarantee the accuracy or currency of any information provided on this Site, some of which has been provided by third parties. You should consider the information to be provided “as is” and without warranty (express of implied).
- You accept that your use of the information, services and links provided by CareerPulse is done at your own risk. Before acting in reliance on any information provided through this Site or from CareerPulse, you should seek independent professional advice. CareerPulse does not accept liability to you for losses that result from your use of CareerPulse's Services, or other information made available to you through the Site, in connection with your commercial endeavours.
- CareerPulse makes no warranties that its Site is complete, current or free from error or omission.
- CareerPulse makes no warranties that the Site, or the information provided through the Site (which includes links to third parties) is suitable for your intended purposes.
Subscriber Advertisements, Links and Attachments
By becoming registered as a member you are responsible for the content of your information and you
will ensure that your:
- content is up to date, accurate and not misleading;
- content is not considered blasphemous, defamatory, harassing or otherwise contrary to law or public morality; and
- content does not infringe the intellectual property rights, confidentiality rights, or privacy rights of any person.
- You warrant to CareerPulse that you have obtained in writing, on behalf of yourself and on behalf of CareerPulse, all proper licences, permissions, clearances and releases as is needed to ensure that you do not infringe any intellectual property rights, confidentiality rights or privacy rights of any person.
- Before linking to, or attaching, any file or website, for use with this Site you warrant to CareerPulse that you have verified its contents and that it is in no way blasphemous, defamatory, harassing or otherwise contrary to law or public morality.
- If CareerPulse, at its discretion, believes your advertisement is offensive, breaches the law or the legal rights of others, CareerPulse may suspend or amend your advertisement without notice to you.
- By becoming registered as a member you are responsible for the content of your information and you will ensure that your:
Accuracy and Currency of Provided Information
- It is your responsibility to ensure that the information you provide CareerPulse is correct and current. You must check your profile and other information provided to CareerPulse from time to time to ensure that it accurately reflects your personal details. If you believe that your personal details have been modified or interfered with in any way without your consent, please contact email@example.com so we may investigate the situation.
- It is your responsibility to ensure that any files uploaded to our website are the correct version of the file you wish to upload and have not been modified or interfered with in any way.
- CareerPulse will take reasonable care in compiling the online directories and content on the Site.
Syndication of Services
CareerPulse may, at its sole discretion and without further notice to its users and/or subscribers, partner with or syndicate the Services, in whole or in part, to other third party organisations. Details of the party ultimately providing one or more of the Services may be advertised by CareerPulse at its sole discretion.
Your Warranties and Liabilities
You represent and warrant that the information and/or material you provide CareerPulse:
- that you are authorised in writing to provide the requisite personal information to CareerPulse regarding each team member listed as part of your advertisement;
- in relation to all other information, is information and/or material that you are authorised to provide;
- is not defamatory, abusive, harassing or offensive in relation to any product, service, person or corporation or adversely reflects on any product, service, person or corporation;
- does not infringe the legal rights of any other person in any jurisdiction, including intellectual property rights or the laws of any jurisdiction;
- is not misleading or deceptive or likely to mislead or deceive in any way, including by omission of information;
- will not give rise to any claim or liability against CareerPulse.
- By subscribing to the Services, you represent and warrant that you are the person so subscribing.
- You represent and warrant that your use of the website and the Services shall be for lawful purposes only.
- You represent and warrant that the information and/or material you provide CareerPulse:
You agree to indemnify and hold CareerPulse, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses arising out of or in connection with:
- any wilful, unlawful or negligent act or omission by you; and
- the publication or advertisement by CareerPulse of any information or material supplied by you or such information or material that constitutes your business and team members.
CareerPulse's Warranties and Liabilities
- CareerPulse represents and warrants that, subject to availability, technical limitations, and these terms and conditions, CareerPulse will use its best efforts to advertise your services in accordance with the information you have provided.
CareerPulse does not warrant or represent that:
- the advertisement will result in increased business for the subscriber and or its team members;
- it endorses the practices of any company, business or team member behind an advertisement presented on the Site;
- the advertisements represented on the Site are authentic and accurately captured;
- the advertisements represented on the Site remain current;
- CareerPulse will have any number of contractor, business or team member advertisements available at any point in time;
- the quality of all or any advertisement represented on the Site meets a particular standard;
- its services or access to its Site will be continuous and uninterrupted;
- the Site will be secure and free from external intruders (hackers), viruses, trojans, infections, worm attacks, or any other form or unauthorised access by any person or program; OR
- the Site complies with the laws of any country other than Australia or any Australian state other than Western Australia.
Limitation of Liability
- To the maximum extent permitted by law, CareerPulse excludes all liability (including for negligence) to you or anyone else in respect of whom loss or damage (including special, or consequential loss or damage which shall include loss of revenue, site unavailability or unavailability of other computer systems or loss of data) arising from or in connection with any use of this Site or the information contained therein. For the avoidance of doubt, this also excludes, wherever and to the extent possible, any warranties implied by statute or otherwise that relate to the Site or your use of the Site. If liability cannot be excluded, CareerPulse limits its liability to you to (at CareerPulse's option) the re-supply of the Services affected by its breach or negligence, or the cost of re-supply.
- In the event of a dispute between a subscriber and any third party resulting or otherwise engaging from the Services, CareerPulse will assist either party with any lawful request for information, but excludes all liability in relation to the dispute. Any further assistance directed towards resolving a dispute between subscribers and a third party will not be provided, except where legally compelled to do so.
Termination and Assignment of Subscription
CareerPulse may cancel or suspend your subscription, at its discretion, in the following
- CareerPulse reasonably believes the operation of the Site may be jeopardised or there is real risk of loss or damage of any kind to CareerPulse resulting from your use of the Site;
- We reasonably consider there has been a breach of a third party’s rights or we are instructed to do so by a third party;
- CareerPulse is legally required to terminate your subscription;
- It becomes illegal to provide you with access to the Site; AND/OR
- There are other reasonable grounds for CareerPulse to do so.
- You may suspend your advertisement with CareerPulse at any time by following the appropriate procedure set out on the Site.
- You may not assign your subscription with CareerPulse to a third party.
- CareerPulse may cancel or suspend your subscription, at its discretion, in the following circumstances:
Links to Other Websites
- The Site may contain links to other websites which are owned and operated by third parties and which are not maintained or controlled by CareerPulse or its related companies ("Third Party Sites"). These links are provided as a convenience to you and CareerPulse does not recommend or imply any endorsement of the linked site.
- The material and subject matter of any Third Party Site is provided to you in accordance with the Terms and Conditions, if any, of the owner of the Third Party Site for the particular site concerned and not under these Terms and Conditions. Accordingly, your access of Third Party Sites through this Site is done so at your own risk.
Maintenance of the Site
- CareerPulse will take down its Site from time to time to perform maintenance. CareerPulse will endeavour to schedule maintenance for times that will have minimal interruption to most subscribers. You accept and understand that at times the Site may need to be taken down for urgent, scheduled and unscheduled maintenance.
- CareerPulse assumes no responsibility for any interruption, defect, delay in operation or transmission, technical malfunction or other problem relating or resulting from the Site being offline or otherwise unavailable.
- CareerPulse will archive your data onto backup mechanisms on a regular basis for the purpose of disaster recovery.
- By uploading any material to the Site you are granting CareerPulse a non-exclusive licence to reproduce, use and exploit the intellectual property in such material as part of the Site.
- Except as permitted under the Copyright Act 1968 (Cth), no part of this Site may be reproduced or re-used in any form, including electronic, or for any purpose whatsoever, except as may be permitted in writing by an authorised officer of CareerPulse.
- You are not permitted to employ any agent, program or other means to data mine or conduct an automated search of the Site or the information provided through it.
- All trade marks are the property of their respective owners. The CareerPulse logo and the CAREERPULSE® trade marks are the property of CareerPulse. Any reproduction or use of trade marks not owned by you must be with the permission of the respective owner.
- If you believe that CareerPulse is breaching your intellectual property rights, please send a notice setting out the details of your rights and how CareerPulse is breaching those rights to firstname.lastname@example.org. CareerPulse will then take appropriate action to correct any valid claim of infringement.
"Safe Harbour Scheme" Protection
CareerPulse claims protection under Division 2AA of Part V of the Copyright Act 1968 (Cth) and Part 3A of the Copyright Regulations (Cth) which limit the remedies that can be imposed on carriage service providers for infringements of copyright involved in specific online activities. This is commonly referred to as the “Safe Harbour Scheme”. Under the provisions of the Safe Harbour Scheme, CareerPulse has appointed Nick Rossetti (email@example.com) as authorised to receive notifications and notices issued under the Scheme in relation to such activities as CareerPulse carries out as a carriage service provider.
If any of these terms or conditions are invalid, illegal or unenforceable, those terms or conditions will be struck out while other provisions which are self-sustaining and capable of separate enforcement to the invalid provision(s), are and continue to be valid and enforceable in accordance with their terms.
Clauses 2.5, 7, 8, 9, 11, 12, 13, 14 and 18.1 survive termination of these terms and conditions.
You agree that your compliance with these terms or use of our Services does not constitute any agency, partnership, joint venture, employment relationship or other commercial arrangement between you and CareerPulse, including endorsement by CareerPulse of your advertisement and that we are independent contractors.
The failure, or delay on the part of CareerPulse in exercising its power or right in relation to your breach of these terms or conditions does not operate as a waiver of that power or right, nor does any single exercise of any power or right preclude any other or further exercise of any power or right.
These terms and conditions are governed by the laws of the state of Western Australia and, where applicable, the Commonwealth of Australia. You agree to submit to, and not challenge, the exclusive jurisdiction of the courts of the state of Western Australia.