Terms and Conditions of Use for Advertisers


   

Advertisers on www.environmentaljobs.com.au ("Site") agree to be bound by the following terms and conditions.

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.

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