These terms and conditions apply to your use of LiveSalary's website at www.LiveSalary.com.au ("the Site") and any salary portals appearing on third party websites that are powered by the Site. Please read these terms and conditions carefully before accessing or using the information and services available through the Site. By accessing or using the Site you agree to be bound by these terms and conditions.
LiveSalary.com.au is a web site owned by Quinntessential Marketing Consulting Pty Ltd (ACN 099 299 868) (“The Company”).
If you are a visitor, job seeker, or an Advertiser to or on the Site, the terms of your sales or personal agreement with the Company will also apply in relation to your use of services provided by the Site.
These terms and conditions may be modified from time to time and you should regularly review them. If we make a material change to these terms and conditions we will notify you by placing a prominent notice on our website. Your continued use of the Site and our services constitutes your agreement to these terms and conditions and any modifications to them.
1. COPYRIGHT AND TRADEMARKS
All intellectual property rights (including future copyright) in the information, salary data and other material appearing on the Site vests in and is the exclusive property of the Company. If the Company permits you to advertise on the Site you grant the Company an irrevocable, permanent and royalty free licence to use any advertisement that has been submitted by you for placement on the Site or any other third-party website deemed reasonable by the Company for the express purpose of generating user views and applications. You may not and must not allow or permit other parties on your behalf to copy advertisements, or to undertake site scraping or other similar activities unless you have obtained the prior, express permission of the Company in writing.
3. ACCEPTABLE USE
You agree that during your use of the Site you will not intentionally make representations that are misleading or false. Your use of the Site shall be for personal or professional purposes only and you will not use the Site to store, send, distribute or publish any offensive information or unsolicited contact.
The Company also operates an Acceptable Use Policy in regard to the posting and refreshing of job advertisements. The Company does not allow cosmetic refreshing of job advertisements, designed to reposition job ads at the top of search listings.
In addition, Job Advertisers agree that:
(a) They will only list one job position per advertisement unless otherwise agreed. The Company reserves the right to individually charge for any multi job listings that appear within the same advertisement. The Company also reserves the right to remove any advertisements that are in breach of this policy.
(b) They will not perform any refresh or reposting of advertisements purely for the purpose of restoring those ads to the top of any search listings.
(c) Unless otherwise agreed with the Company, they will only include branding on the Site that represents the entity with whom the Company has a contractual arrangement.
(d) Unless otherwise agreed with the Company, they will only include branding representation on the website in the categories in which they typically post job content in a calendar month.
(e) Advertisements submitted by the Advertiser for publication:
1. Are a genuine job vacancy as described in the Advertisement and that this is the sole purpose of the Advertisement;
2. Are not misleading or deceptive to potential candidates or other persons. In particular, the Advertiser warrants that the Advertisement and the Advertiser’s conduct in connection with the Advertisement is not liable to mislead persons seeking the employment as to the availability, nature, terms or conditions of, or any other matter relating to, the employment;
3. Do not contravene applicable anti-discrimination laws: including, without limitation,
the Age Discrimination Act 2004 (Cth)
the Disability Discrimination Act 1992 (Cth)
the Racial Discrimination Act 1975 (Cth)
the Sex Discrimination Act 1984 (Cth)
the Discrimination Act 1991 (ACT)
the Anti-Discrimination Act 1977 (NSW)
the Anti-Discrimination Act 1996 (NT)
the Equal Opportunity Act 1984 (SA)
the Anti-Discrimination Act 1998 (TAS)
the Equal Opportunity Act 1995 (VIC)
the Equal Opportunity Act 1984 (WA) (“Anti-Discrimination Laws”);
4. Do not contain any material that could reasonably be considered to be defamatory or offensive;
5. Must not relate to pyramid schemes. Users and Advertisers also agree not to ask or require any Job Seeker to pay a fee or any money whatsoever to apply for any job advertised on the LiveSalary or related third party websites.
The Advertiser warrants that it will not use any information obtained from any candidates for the purpose other than the assessment of the persons’ suitability for the role being advertised. The advertiser will comply with the Spam Act 2003 (Cth) and the Privacy Act 1988 (Cth) and applicable regulations under such legislation and the National Privacy Principles.
4. LEGAL JURISDICTION
This agreement is governed by the laws of New South Wales. Users and Advertisers irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of New South Wales, and waive any objection to legal action being brought in those Courts on the grounds of venue or inconvenient forum.
You agree that the Company will not be liable for any damages or liability whatsoever that may arise as a result of your use of the Site or other services. The Company hereby also exclude any warranties as to the accuracy, quality and validity of any of the Site contents, including salary data, resumes or other information submitted by users of the Site ("Users"). Nothing in this section limits or excludes any non-excludable rights that you may have under statute, such as the Trade Practices Act 1974 (Cth).
The Company gives no guarantee as to the availability and performance of the Site. Accordingly, the Site is provided by the Company on an 'as and when available' basis. Where the Company provides links to external websites maintained by third parties, the Company gives no guarantee or endorsement as to the services operated by those websites.
While the Company also takes reasonable steps to ensure the Site is virus free, you acknowledge that accessing the Site is done at your own risk. This also includes, but is not restricted to, any monetary or other loss that may result from loss or corruption of data, downtime or hardware damage.
5.3 Salary Contributions
The Company provides no guarantee as to the accuracy or availability of any specific or cumulative salary data that may be published on the Site. You should be aware that all salary contributions are user generated and appear immediately after submission (without manual screening by the Company), and hence the Company has limited immediate control of the quality of contributed data. Suspect salary contributions can be flagged as such by community members or identified and removed by Company staff. The Company will not be liable for any damages or liability whatsoever that may arise as a result of your use of salary data contained on this website. All salary data collected on the Site or one of the Site’s portals is owned by The Company and rights to publish this data outside of the Site is strictly prohibited unless you have obtained the prior, express permission of the Company in writing.
5.4 Job Advertisements
The Company provides no guarantee as to the accuracy or availability of any specific job that may be advertised on the Site. You should be aware that parties that advertise on the Site may have already filled the position in an advertisement even though it still appears on the Site.
The Company also cannot guarantee that any advertisement placed on the Site will attract applications from Users, or that any advertisement placed on the Site will lead to the placement of a successful candidate in an advertised position.
You will at all times indemnify and will continue to indemnify, hold harmless and defend the Company, its related bodies corporate and their respective personnel (in this section, "those indemnified") from and against all liabilities, costs, damages, expenses, claims, suits, allegations and demands, including, without limitation, all legal fees (incurred on a solicitor and own client basis), arising out of or in relation to:
(a) any infringement, or claim or allegation of infringement, of the intellectual property rights or any other proprietary rights of a third party; and
(b) any fraud, deliberate or wilful misconduct or negligence or breach of these terms and conditions committed by you.
6. RIGHT OF REFUSAL
The Company retains the right to refuse, withdraw or require to be amended any information submitted via the Site, or any advertisement placed on the Site, that the Company deems to be illegal, misleading, offensive or in any other way unsuitable.
Payment and invoice terms for placement of job advertisements, brand advertising, salary portal development or other services will be made according to the terms specified in the agreement the Company enters with you in relation to our services.
If you submit an advertisement to be placed on the Site, you agree to pay the Company in full for that advertisement prior to its publication on the Site. The Company will not pay any refunds under any circumstances (except if required by a non-excludable law).
The Company reserves the right to suspend or close accounts at its absolute discretion in the event of, but not limited to, non-payment of advertisements or breaches of these Terms and Conditions.
Email : privacy [ at ] livesalary.com.au
Phone : +61 2 9232 0172
Office : Level 1, Suite 101, 5 Elizabeth St, Sydney, NSW 2000