1. When paying
for advertising services by Cheque, Money Order and/or Electronic
Funds Transfer, all amounts owing to Melbourne Environmental Jobs
Network (ABN 93 462 604 543) ("EJN") by Advertisers must
be paid within 7 business days of the date of invoice notwithstanding
any errors or omissions in any advertisement placed on the EJN Site.
EJN may charge Advertisers interest on late payment at the rate of
12.5% per annum.
2. Before posting
an advertisement for a paid employment vacancy, the Advertiser must
buy Advertising Credit. Each Advertising Credit gives the holder rights
to post one advertisement, subject to clause 4. All unused credit
expires in 90 days from purchase. There are no refunds for unused
credit.
3. ABN
registered, charitable, not-for-profit institutions may be eligible
to receive a
discount on fees ordinarily charged by EJN for advertising services
at EJN's discretion.
a)
To receive this discount, Advertisers must apply directly to the EJN
Account Manager. EJN will verify such Advertisers’ status and
additional information before approving their accounts. Thereafter,
the discount will automatically be applied to transactions undertaken
by approved account holders.
b) When charitable,
not-for-profit discount status is granted, the discount is valid
from the time of approval onwards, but does not apply retrospectively
to fees already paid for advertisements posted.
c) Advertisers
who have been granted discount status may only use advertising credits
purchased at a discount to advertise employment vacancies within
the organisation specified on the Advertiser’s registration
form. Advertisements placed relating to positions within other organisations
will attract the full advertising fee plus an administrative fee
of $16.50 including GST.
d) EJN may vary
its policy relating to charitable, not-for-profit organisations
by giving 14 days notice in writing to those organisations that
are registered under this clause at the time of such a variation.
EJN may vary prices and discount rates without notice.
4.
EJN offers employers the opportunity to place advertisements for job
vacancies that are relevant to job seekers with a desire to work for
the benefit of the environment, or of sustainability more generally.
Advertisers must ensure that advertisements posted to the Site are appropriate
to such job seekers. Specifically, advertised vacancies must fulfil
one or more of the following criteria:
a) the advertised
vacancy is one which requires a candidate or candidates with an
educational or experiential background in an explicitly environmental
or sustainability-related area.
b) the advertised
vacancy offers the successful candidate(s) the opportunity to make
a direct and meaningful contribution to the environment and/or a
sustainable economy.
c)
the advertised vacancy offers the successful candidate(s) the opportunity
to make a meaningful contribution to an organisation the primary focus
of which organisation is environmental improvement and/or sustainability.
5. EJN reserves
the right to withdraw without notice to the Advertiser any advertisement
that appears to EJN not to fulfil one or more of the criteria above.
In such a case EJN will, at its own discretion, either refund to the
Advertiser the amount paid minus an administration fee of $16.50 (incl.
GST), or grant to the advertiser one advertising credit for every
withdrawn advertisement.
6. EJN makes every
effort to avoid errors in advertisements it has agreed to post to
the Site. However, EJN accepts no responsibility or liability for
any errors and requires that Advertisers check their advertisements
for errors as soon as they are placed on the Site(s). All reasonable
efforts will be undertaken by EJN to edit errors brought to EJN's
attention as soon as reasonably possible.
7. EJN agrees
to use reasonable efforts to publish advertisements in the shortest
possible time. EJN is not liable for any loss or damage incurred by
an Advertiser as a result of any failure or delay in listing an advertisement.
8. Advertisements
are placed for a period of 30 days from upload, or on the closing
date for applications, whichever is sooner.
9. Advertisers
acknowledge and agree that EJN acts as a medium through which individuals
seek employment opportunities and that EJN does not vet nor is it
responsible for vetting job candidates or the representations (whether
oral or in writing) made by them. EJN disclaims all liability for
any loss, costs, damages or loss of profits sustained as a consequence
of any Advertiser employing or engaging any person sourced through
the EJN Site.
10. Advertisers
agree at all times to deal with any information or products provided
by EJN or accessed from the Site in a manner which abides by all applicable
laws of Australia, or of any other relevant jurisdiction (including,
without limitation, privacy and copyright laws).
11. Advertisers
must ensure that all advertisements posted to the Site comply with
all applicable legislation, regulations, by-laws, ordinances or codes
of conduct, including but not limited to the Trade Practices Act 1974
(C'th), and the Fair Trading Acts in all applicable States and Territories.
12. Advertisers
agree to comply with section 53B of the Trade Practices Act 1974 (C'th)
which requires that Advertisers that are companies not mislead persons
seeking employment as to the availability, nature, terms or conditions
or, any other matter relating to the employment opportunity being
offered.
13. As a condition
of using any services supplied by EJN, Advertisers must comply with
the Human Rights and Equal Opportunity Commission Act 1986 (C'th)
and 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 EJN.
14. Whilst EJN
does not review every advertisement posted to its Site, it reserves
the right to withdraw without notice to the Advertiser any advertisement
that is or appears to EJN to be contrary to law. EJN will not accept
advertisements that appear to be contrary to law. Further, EJN reserves
the right to either reject or remove any advertisement from its Site
for any reason whatsoever.
15. Advertisers
agree to indemnify EJN, its officers, employees and agents against
all claims, actions, suits, liabilities, costs and expenses incurred
on any account by EJN as a result of the listing or proposed listing
of any advertisement by an advertiser on the Site, or any related
site.
16. EJN cannot
and does not guarantee or warrant to the Advertiser that files available
for downloading through the Site or delivered via electronic mail
through the Site will be free of infection or viruses, worms, Trojan
horses or other code that manifest contaminating or destructive properties.
Advertisers are 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 Site for the reconstruction of any lost data.
17. EJN provides
no warranty to Advertisers that services generally available through
the Site will be uninterrupted or error free. EJN agrees to use its
reasonable endeavours to ensure that any disruptions to or a denial
of access to its Site will be remedied as quickly as possible.
18. Advertisers
agree not to use the Site to post any pyramid scheme on the Site.
19. Advertisers
must adhere to the principles of truth in advertising set out in the
RCSA's code of Practice. Advertisers placing advertisements for permanent
positions should only place job ads for permanent positions for which
they have permission to recruit.
20. Advertisers
agree to keep EJN, its officers, employees and agents fully indemnified
against any actual or contingent costs, expenses, charges, damages
or liabilities incurred in relation to any actions or claims brought
by any person or entity against EJN as a result of an actual or alleged
breach by you of any law, regulation, by-law, ordinance or code of
conduct or such other actions or claims brought as a consequence of
your advertisement appearing on the Site.
21. Advertisers
may not assign or transfer any rights and obligations pursuant to
this agreement to any other person or entity without EJN's prior written
approval (which will not be unreasonably withheld). If you are a company,
any change in your effective control shall be deemed an assignment
for the purpose of this clause.
22. Advertisers
agree that EJN retains all intellectual property rights contained
in any of the goods and services provided to you by EJN.
23. Advertisers
agree that pursuant to Section 18K(1)(h) of the Privacy Act 1988,
EJN may obtain a consumer credit report about the Advertiser from
a credit reporting agency for the purposes of collecting overdue payments
relating to commercial credit owed by the Advertiser.
24. This agreement
is governed by the laws of Victoria. Advertisers irrevocably and unconditionally
submit to the non-exclusive jurisdiction of the Courts of Victoria,
and waive any objection to legal action being brought in those Courts
on the grounds of venue or inconvenient forum.