Terms and Conditions of use of this website
westjobs.com.au (“The Site”) is a website owned and operated by The West Online Group Pty Ltd ABN 88 134 027 151 (“WESTjobs”). Users and Advertisers on westjobs.com.au (“Users” and "Advertisers") agree to be bound by the following terms and conditions:
1. WESTjobs does not make any representation whatsoever about any resume, job or project posting appearing on the WESTjobs website, nor about any of the Advertisers listed in any of the Directories on the WESTjobs website. Users of and Advertisers on WESTjobs must satisfy themselves as to the suitability of any agency, employer, freelancer, job, project, or resume found directly or indirectly through this website. Neither WESTjobs, nor any employee or agent of WESTjobs or any agency or instrumentality of WESTjobs, nor any authors or contributors shall be responsible or liable for any loss, damage, personal injury or death howsoever caused (whether caused by any negligent or other unlawful act or omission of, by or on the part of WESTjobs, any agency or instrumentality of WESTjobs, or any agency or employee of WESTjobs, or otherwise) arising from the use or reliance on any information, data or advice (including incomplete, out-of-date, wrong, inaccurate or misleading information, data or advice) expressed or implied in the WESTjobs web pages and its sub-directories by any person whosoever.
2. As a condition of using the services of WESTjobs, Advertisers must comply with the Human Rights and Equal Opportunity Commission Act 1986 and all anti-discrimination and equal opportunity legislation.
3. Users and Advertisers agree at all times to deal with any information or products provided by WESTjobs or accessed from the WESTjobs website in a manner which abides by all applicable laws of Australia, or of any other relevant jurisdiction (including, without limitation, privacy and copyright laws).
4. WESTjobs reserves the right to either reject or remove any job posting, freelance project listing, freelancer profile listing, or resume from the WESTjobs website for any reason whatsoever, including any advertisement or listing that is in breach of any law.
5. Advertisers agree to indemnify WESTjobs, its officers, employees and agents against all claims, actions, suits, liabilities, costs and expenses incurred on any account by WESTjobs as a result of the listing or proposed listing by an advertiser on the WESTjobs website or any related site.
6. WESTjobs provides no warranty to Advertisers that services available through the WESTjobs website will be uninterrupted or error free. WESTjobs agrees to use all reasonable endeavours to ensure that any disruptions to or a denial of access to the WESTjobs website will be remedied as quickly as possible.
7. WESTjobs will use all reasonable endeavours to post all advertisements and listings submitted by Users and Advertisers in the format submitted to WESTjobs and in accordance with the instructions of the User or Advertiser. WESTjobs makes every effort to avoid errors in advertisements and listings it has agreed to post to the WESTjobs website. WESTjobs accepts no responsibility or liability for any errors and requires that Users and Advertisers check their listings for errors as soon as they are posted on the WESTjobs website.
8. WESTjobs may, at its discretion and without further cost or notice to the User or Advertiser, partner with or syndicate job, resume or freelancer data to other third parties’ employment sites. Details of any partner or syndicate employment sites will always be posted on the WESTjobs website.
9. Users and Advertisers must not post any advertisement, listing, or any information relating to pyramid schemes. Users and Advertisers also agree not to ask or require any jobseeker to pay a fee or any money whatsoever to apply for any job advertised on the WESTjobs website.
10. Users and Advertisers agree not to use any feature of WESTjobs to send unsolicited emails, to any person or business for any reason. Legitimate communication tools provided within WESTjobs for the purpose of communicating with advertisers and jobseekers are the only exception.
11. Advertisers posting jobs, resumes, or freelance projects must post information that is accurate, truthful, and not misleading. Job and freelance project postings must be posted only for jobs and projects that are current and legitimate at the time of posting. Job and project postings on the WESTjobs website must be removed as soon as the positions are filled or for any reason no longer current.
12. Advertisers must ensure that all advertisements posted on the WESTjobs website comply with all applicable legislation, regulations, by-laws, ordinances or codes of conduct in all applicable States and Territories of Australia.
13. Advertisers agree to keep WESTjobs, 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 WESTjobs as a result of an actual or alleged breach by Advertisers of any law, regulation, by-law, ordnance or code of conduct or such other actions or claims brought as a consequence of a posting appearing on the WESTjobs website.
14. Advertisers may not assign or transfer any rights and obligations pursuant to this agreement to any other person or entity without WESTjobs' prior written approval. Approval will not be unreasonably withheld.
15. Advertisers agree that WESTjobs retains all intellectual property rights contained in any of the goods and services provided to you by WESTjobs.
16. Users and Advertisers accept that WESTjobs cannot and does not screen, vet, or quality assure all job postings, resumes, freelancer profiles, or freelancer projects posted on the site. WESTjobs will use every endeavour to ensure a high level of quality and accuracy however WESTjobs cannot be held responsible for the validity or accuracy of information contained in these postings. WESTjobs will not be liable for any loss, costs, damages or loss of profits sustained as a consequence of any User or Advertiser employing or engaging any person sourced through WESTjobs, or any job, contract, project, or freelance work sourced through WESTjobs.
17. WESTjobs cannot and does not guarantee or warrant to the User or Advertiser that files available on or emailed through the WESTjobs website will be free of infection or viruses, worms, bugs, trojan horses or other malicious or harmful code. WESTjobs will not be liable for any direct, indirect, consequential, special or other damage resulting from the transmission from this website to your computer systems of viruses, worms, bugs, trojan horses or other destructive items, however caused, such damage to include without limitation loss of profits, interruption to business, loss of the whole or any part of a programme or any data howsoever stored whether saved on a computer system or otherwise.
18. Users and Advertisers agree to comply with the National Privacy Principles set out under the Privacy Amendment (Private Section) Act 2000.
19. Access to the names and contact details of candidates in the resume database is available only to approved WESTjobs Advertisers who have registered and paid for access to the resume database.
20. Advertisers may access and use the information stored on the candidate resume database solely for the purpose of identifying candidates for current and forthcoming job vacancies or career advancement opportunities. Advertisers must not use a candidate’s resume or contact details for any purpose other than to assist that person to find a job. Breach of this clause may result in the Advertiser being denied access to the WESTjobs website.
21. Advertisers agree that WESTjobs may, for the purposes of assessing an Advertiser’s commercial credit application, obtain from either a credit reporting agency or other credit providers, personal credit information about the Advertiser and/or its directors or 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.
22. Advertisers agree not to post any information in any job or project listing that is false, misleading or known to be incorrect.
23. Jobseekers posting resumes and profiles must ensure that their resume or profile is posted to the correct categories, the correct locations, and that all other information is correct and accurate.
24. Advertisers posting jobs and freelance projects must ensure that advertisements are posted to the appropriate categories and location, and that all other information is correct and accurate.
25. WESTjobs reserves the right to edit, re-categorise, change or update a job or project posting, resume, or freelance profile at any time. This is generally only done to correct mistakes or omissions made by the User or Advertiser.
26. "Work from home" or "Business Opportunity" advertisements are allowed only under the following conditions: (i) The business must be based in Australia, (ii) Opportunities must not require any up front fee or payments of any kind (iii) The exact nature of the opportunity must be clearly specified in the ad. Vague descriptions or links to vague web sites are definitely not allowed. Any job or project listings that WESTjobs believes breaches these conditions may be removed at any time without warning or notification.
Payments & Refunds
27. All amounts owing to The West Online Group Pty Ltd ("WESTjobs") must be paid within 14 days of the date of invoice.
28. WESTjobs operates a service that allows Advertisers to pre-purchase job ads on an individual or multiple credit basis. Ads purchased can be used from the date of purchase and up to 6 months from that date.
29. As soon as an Advertiser has posted and ad on the WESTjobs website, it is deemed that any Contract between WESTjobs and the Advertiser has been fulfilled and WESTjobs is under no liability to offer or provide a refund of any monies paid by the Advertiser.
30. Advertisers hereby agree that it is their responsibility to ensure that all data and text posted on the WESTjobs website has been checked prior to posting. WESTjobs is not obliged to offer or provide any refund of monies paid by any Advertiser for any reason including but not limited to the following:
- A change of mind over suitability or usefulness of the service, or
- Deletion of a “live” advertisement either intentionally or accidently, or
- If after the expiry of the contract period there are unused credits, or
- WESTjobs refuses or deletes any ad deemed to be offensive, libellous or in breach of any of the Terms of Business outlined herein.
31. WESTjobs may, at its sole discretion, refund duplicate payments made in error. To qualify for such a refund, the Advertiser must provide written proof of such payments made in error within 7 days of such transaction taking place.
Jurisdiction
32. This agreement is governed by the laws of Western Australia. Users and Advertisers irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of Western Australia, and waive any objection to legal action being brought in those Courts on the grounds of venue or inconvenient forum.