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Website Terms and Conditions

This website is owned and operated by K.L Harris & L Wickson trading as Horse Jobs Australia (ABN 89 959 396 355) (referred to in this document as ‘we’, ‘us’ or ‘our’).

These terms and conditions incorporate our Privacy Policy and govern your access to and use of our website. If you do not agree to these terms and conditions, or these terms are terminated, you must not access our website or use its online services.

By accessing our website, by registering as an Employer or Job Seeker (also referred to in this document as ‘you’ or ‘your’), or using our online services, you agree to be bound by the following terms and conditions.

We may amend these terms and conditions at our sole discretion, and it is your responsibility to review this page from time to time. If you continue to use our website, you are deemed to have accepted the terms and conditions.

  1. Definitions and Interpretation
    1. Definitions
      In these terms:
      Advertising Fees means fees charged in accordance with clause 2.3.
      Claim means any claim, notice, demand, action, proceeding, litigation, judgment, or investigation, whether involving a party to these terms or a third party, whether past, present, future or contingent, or whether arising under any law, contract or statute.
      Confidential Information means any information:
      (a) relating to the business and affairs of that party;
      (b) relating to the customers, clients, employees, sub-contractors or other persons doing business with that party;
      (c) which is confidential by its nature;
      (d) which is identified as confidential by a party; or
      (e) which any party knows or ought to know, is confidential; and
      (f) includes all business information, financial information and other commercially valuable information of that party.
      Competition and Consumer Act means the Competition and Consumer Act 2010 (Cth) and any rules, guidelines, orders, directions, directives, codes of conduct or other instruments made or issued under it, as amended from time to time.
      Employer means a user who has registered on our website as an Employer to post job listings.
      Indemnified Officers means, in relation to a party, its directors, employees, contractors, agents and representatives.
      Intellectual Property Rights means all intellectual property rights, and includes any copyright, moral right, patent, trademark (whether registered or unregistered), design (whether registered or unregistered), trade secret, business or company name, or right of registration of such rights.
      Job Listing means a listing advertised on our website for a job opportunity or vacancy.
      Job Seeker means a user who has registered on our website as a job seeker to search for and apply for job vacancies advertised on our website.
      Liability means any liability, damage, loss, cost or expense.
      Material means any material (including third party material) and data to which access is given by you to us including data stored by any means.
      Personal Information has the meaning given to that term by the Privacy Act 1988 (Cth).
      Privacy Act means the Privacy Act 1988 (Cth) and any rules, guidelines, orders, directions, directives, codes of conduct or other instruments made or issued under it, as amended from time to time.
      Privacy Laws means:
      (a) the Privacy Act;
      (b) the Australian Privacy Principles (or APPs); and
      (c) all other applicable laws, regulations, registered privacy codes, privacy policies and contractual terms in respect of the processing of Personal Information.
      Term means the term contemplated by clause 5.
  2. Agreed Terms
    1. Registration
      1. To register as an Employer or Job Seeker, you can do so via our website.
      2. Subject to these terms, from the date of your registration, we grant you a limited, non-exclusive and non-transferrable licence to use our website to:
        1. for Job Seekers: search and apply for job vacancies advertised on our website; and
        2. for Employers: after payment of the Advertising Fees, place a job listing on our website for a legitimate job vacancy
    2. Your Account
      1. Your account is subject to our approval, and we reserve the right (at our sole discretion) to suspend, reject, or delete accounts or Job Listings, or request amendments, if any part does not meet our requirements at any time, if we believe that you have provided incorrect or misleading information, or if we have reason to suspect that you have breached any of your obligations under these terms.
      2. You must keep your login information confidential and secure and not disclose it to anyone. You agree that you are responsible for the use of your login and password information, whether the use is by authorised users or any other person.
      3. Any act or omission by a user of your login and password is deemed to be an act or omission by you.
    3. Advertising Fees
      1. This clause 2.3 applies if you have registered as an Employer.
      2. We charge Advertising Fees to post a Job Listing on our website. Advertising Fees will be notified to you prior to you incurring any Advertising Fees.
      3. We reserve the right to vary at any time the services which attract Advertising Fees, and such variations will apply to any new job listings posted after the date of the variation. You will be notified of any variations to the services which attract Advertising Fees prior to you incurring any varied Advertising Fees.
      4. Your Job Listing will not be placed on our website until we have received full payment of the Advertising Fees.
      5. Once the Advertising Fee is paid, you are not entitled to a refund regardless of whether you utilise, in part of in full, our services, including whether you source a suitable candidate via other means and also in circumstances where you do not provide us with the necessary materials or information for us to deliver the services to you.
    4. Job Listings
      1. This clause 2.4 applies if you have registered as an Employer.
      2. To the extent permitted by law, we do not accept any responsibility or liability for any errors in your Job Listing and you must check your Job Listing for errors as soon as it is placed on our website.
      3. You must ensure that any Job Listing posted to our website complies with all applicable legislation, regulations, by-laws, ordinances and codes of conduct.
      4. We reserve the right to remove any Job Listing if it does not comply with these terms or any applicable legislation, regulation, by-law, ordinance, or code of conduct.
      5. We will not approve a Job Listing if:
        1. the listing is a duplicate;
        2. the listing is not relevant to the equine industry;
        3. the listing is not for a genuine job vacancy;
        4. the job vacancy title does not properly represent the job advertised;
        5. the listing is too vague or provides inadequate information;
        6. the listing is inappropriate or explicit;
        7. the listing is or contains spam;
        8. the listing requires Job Seekers to pay a fee; or
        9. you are a competitor of ours.
      6. You may include links to your official website and social profiles within your employer/company profile. All other links to external websites or externally hosted application forms are not permitted without our prior consent, whether within your employer/company profile, a Job Listing, or our job application process.
      7. You may only post a Job Listing to our website that is for a genuine employment opportunity that is current at the time of posting the listing, and for which you are actively and currently recruiting. We reserve the right to request any information from you that we deem necessary to verify that a genuine employment opportunity exists.
      8. You acknowledge and agree that you must only advertise one job role per Job Listing posted on our website. Where you have breached this obligation and have advertised multiple job roles in the one listing, we reserve the right to charge you any applicable Advertising Fees for the number of roles advertised in the one listing posted on our website.
      9. You must ensure that all information entered into any data entry field, as part of the job listing process, relates directly to the relevant data field category. We reserve the right to amend, alter or remove any information that does not meet this requirement.
      10. We reserve the right to remove listings older than 30 days from our website.
      11. We reserve the right to immediately remove any Job Listings that breach these terms and conditions.
      12. The following actions constitute a new Job Listing which will also incur Advertising Fees:
        1. copying a Job Listing; and
        2. reposting an archived, expired or deleted Job Listing.
  3. Our Website
    1. Security
      1. You acknowledge that you must ensure that your network is secure. We are not responsible for the security of your computer network or third party material.
    2. User requirements
      1. You must:
        1. without limiting clause 6, ensure that you have necessary consents for us to store and use any Personal Information (including photography) that you have provided to us either via our website or other forms of communication, including for us to disclose that Personal Information outside Australia; and
        2. cooperate with us and act in accordance with these terms.
    3. Acknowledgement
      1. You acknowledge and agree that:
        1. if you do not comply with these terms, we are not obliged to provide you with access to our website; and
        2. inclusion of a Job Listing on our website does not imply that:\
          1. we recommend or endorse the entity or Employer posting the Job Listing or the entity advertised in the Job Listing; or
          2. the Employer has complied with any or all relevant laws, regulations, or industry codes.
        3. we act as an agency through which Job Seekers seek employment opportunities with Employers. We do not screen, nor are we responsible for screening, Employers or Job Seekers who use our website, or the representations made by them, whether oral or in writing;
        4. we reserve the right to delete any material at any time for any reason;
        5. we are not responsible for the content of any Job Listing, expressly including if the listing contains misleading or deceptive content; and
        6. Job Seekers should understand the requirements for a visa prior to responding to a Job Listing. Job Seekers should contact the Department of Home Affairs directly if in doubt about whether a job vacancy advertised meets the requisite criteria for a visa.
      2. Subject to clause 7, you acknowledge and agree that:
        1. our website may contain errors and may not be available from time to time, and that content loss may occur;
        2. to the extent permitted by law, we exclude any warranty or representation not expressly set out in these terms, and specifically make no representation and give no warranty:
          1. about the suitability or performance of any third party service provider referred to you by us; or
          2. that any data or information on our website is current or accurate; or
          3. that use of our website will not infringe the Intellectual Property Rights or other rights of any third party or be free from defects or fit for any particular purpose or function.
    4. Prohibited conduct
      1. You must not use our website:
        1. to defame, menace, harass or cause offence any person or body corporate;
        2. to mislead or deceive others, either through act or omission;
        3. to gain unauthorised access to or interfere with any online resource or systems, or to circumvent any security measures;
        4. to distribute, view, create, or link any material that:
          1. contains malware of any kind;
          2. is or may be pornographic, defamatory, abusive, offensive, obscene, illegal or unlawful; or
          3. infringes on or breaches any rights, including privacy and Intellectual Property Rights;
        5. in a way that disrupts, or excessively uses the hardware, bandwidth access, storage space, or other resources of us or our other users;
        6. with tools for automated data gathering, extraction or publication; or
        7. in any other manner that is unacceptable to us.
      2. If you believe any Job Listing does not adhere to these terms, please report the Job Listing to us.
    5. Suspension
      1. Without limiting any remedy available to us under these terms, we may suspend your access to our website at any time including if:
        1. You, as an Employer, have failed to pay the Advertising Fees;
        2. we suspect that you have done or may do any of the things described in clause 3.4;
        3. a party alleges that you have done or threatened to do any of the things described in clause 3.4; or
        4. we receive a request or notice from a regulatory body, requiring us to cease providing our website access to you or remove any content you make available through our website.
    6. Third Party Links
      1. Any links to third party websites on our website (Third Party Links) are provided solely for your convenience. If you use these links, you leave our website and may be required to accept the separate terms of use that apply to those third party websites.
      2. We have not reviewed and do not control any of these Third Party Links (and are not responsible for those websites or their content or availability).
      3. We do not endorse or make any representation about Third Party Links, their content, or the results from using such websites or content.
      4. If you decide to access any of the Third Party Links, you do so entirely at your own risk.
    7. Google Analytics
      1. Our website utilises Google Analytics to track activity on our website, including but not limited to, session duration, pages per session, bounce rate of individuals using the site, along with the information on the source of the website traffic.
      2. We do not accept any responsibility for the privacy practices of Google Analytics, and you may also want to read their Terms of Service and Privacy Statement.
    8. Stripe
      1. For the payment of our Advertising Fees, we utilise an external payment integration system, Stripe.
      2. We do not store sensitive card or bank account details, only payment tokens, which may include the last three (3) digits of your card and the network, via our secure payment gateway Stripe.
      3. We do not accept any responsibility for the privacy practices of Stripe, and you may also want to read Stripe’s Terms of Service and Privacy Statement.
  4. Intellectual Property
    1. Licence of Material
      1. You grant to us a non-exclusive, irrevocable, licence to exercise the Intellectual Property Rights in any material you provide to us, including to use and modify the Material.
      2. The licence granted under clause 4.1 includes the right to sublicense to third parties.
    2. Ownership of Intellectual Property
      1. All Intellectual Property Rights in our website, including design, text, graphics, logos, icons, sound recordings and all software relating to our website belong to us or our licensors.
      2. You may not in any form or by any means copy, adapt, reproduce, store, modify, distribute, print, upload, display, perform, remove any credits, publish or post any part of our website or commercialise any information obtained from any part of our website.
    3. Warranties
      1. You warrant that use of the Material by us as set out in these terms will not infringe the Intellectual Property Rights or other rights of any party.
      2. You warrant, and it is a condition of these terms, that you have all necessary permissions, licences, regulatory approval or other authorities needed to use the Material with our website or otherwise in connection with these terms.
      3. You warrant that Material made available to other users of our website (including any Job Listing):
        1. is true to the best of your knowledge and belief;
        2. has been submitted in good faith;
        3. is your own and not that of another person or body corporate;
        4. does not contain anything defamatory or false;
        5. does not constitute unfair competition; and
        6. complies with applicable legislation or regulations of the Commonwealth of Australia and state and territory legislation, or any law in any country where the Material and/or information is or will be available electronically to users.
      4. You warrant that, if you are registering as an Employer on behalf of a body corporate, that you are authorised to register as the body corporate and bind the body corporate to these terms.
  5. Term, Suspension and termination
    1. Term
      1. These terms commence on the date you first access our website and continue until terminated in accordance with the provisions of these terms.
      2. As an Employer or Job Seeker, you are deemed to have accepted these terms and conditions upon your successful registration with our website.
    2. Suspension and Termination
      1. If, in our absolute discretion, we determine that you have committed a breach of these terms, we may suspend your use of our website by technical or other means, or otherwise, if you fail to remedy that breach within 7 days of being given notice of that breach, we may immediately terminate our agreement with you.
      2. We may terminate these terms for any reason with 30 days’ notice to you. You are not permitted to access our website from the effective date of any such termination.
      3. You may terminate these terms and cease accessing our website following notice being provided to us.
    3. Consequences of termination
      1. If this agreement is terminated for any reason, in addition to any other rights we may have, we:
        1. may demand immediate payment of any outstanding Advertising Fees due and payable;
        2. may immediately revoke the licence granted under clause 4.1;
        3. may immediately remove your account from our website (including any Job Listing associated with your account);
        4. reserve the right to delete any data that is associated with your account; and
        5. may retain records relating to your account in accordance with general legal and accounting requirements.
    4. Survival
      1. Termination of these terms will not affect any provision in these terms which is expressly or by implication intended to come into force or continue on or after the termination.
  6. Privacy
    1. Use of Personal Information
      1. You must process, use and disclose all Personal Information:
        1. in compliance with our Privacy Policy and the Privacy Laws (regardless of whether or not you are otherwise obliged to comply with the Privacy Laws);
        2. for Job Seekers – only for:
          1. the purposes of performing your obligations under these terms; and
        3. for Employers – only for:
          1. the purposes of performing your obligations under these terms; and
          2. in relation to genuine employment and/or recruitment activities.
      2. Personal Information
        1. For Employers – at the time of collection of the Personal Information of a Job Seeker, or as soon as practicable after collection, you warrant that you will:
          1. advise the Job Seeker (by way of notice in writing) that any Personal Information you collect about them will be held, used and disclosed in accordance with your privacy policy; and
          2. make a copy of your privacy policy available to the Job Seeker.
        2. If you disclose the Personal Information of any person to us, you warrant that:
          1. you have obtained any necessary consents from, and made any necessary disclosures to, that person to enable you to disclose the Personal Information; and
          2. you have obtained any necessary consents from, and made any necessary disclosures to, that person to enable us to use the Personal Information for the purposes for which it was disclosed.
        3. We consider the offering of services or products to Job Seekers whose Personal Information you have obtained through your use of our website to be a misuse of Job Seeker data.
        4. You are not authorised under any circumstances to provide any Job Seeker’s Personal Information you have obtained through your use of our website to any other party, including to any affiliate or related party (unless we have otherwise provided our consent). This restriction on forwarding Personal Information applies irrespective of whether you receive a direct financial benefit for doing so.
        5. We may receive requests from Job Seekers regarding Personal Information collected by Employers. Where we receive such a request from a Job Seeker whose Personal Information you have received, we will pass the request on to you. You warrant to us that whenever a request is provided to you, you will promptly respond to the request and will confirm your compliance with the request to us.
        6. You agree to provide any assistance required in relation to compliance with the Privacy Act, or any investigation, request or enquiry (formal or otherwise) from the Australian Information Commissioner regarding the Personal Information disclosed to us by you under these terms.
        7. You must immediately notify us if you become aware that a disclosure of Personal Information may be required by law, or if you become aware of any breach of clause 6.
      3. De-identified data
        1. Despite any other clause in these terms, we and our suppliers may use any data which is de-identified for any purpose.
  7. Limitation of Liability
    1. Limitation
      1. To the extent permitted by law, we exclude any liability for any and all Claims however caused, suffered by you in connection with these terms or your use of our website and its services.
    2. Australian Consumer Law
      1. Except as contemplated by clause 7.2(b), nothing in these terms is intended to limit any of your rights under the Competition and Consumer Act.
      2. If the Competition and Consumer Act, or any other legislation, states that there is a guarantee in relation to any services supplied by us in connection with these terms, and our liability for failing to comply with that guarantee cannot be excluded but may be limited, then clause 7.1 does not apply to that liability. Our liability for that failure is limited to supplying you with the services again or paying the cost of having the services supplied again.
    3. Third Parties
      1. Where we recommend a third party service or product to you, you should always review the corresponding terms and conditions and privacy policy of the third party provider. We are not responsible or liable for the provision of any third party product or service, or for any loss you suffer in connection with a service or product you choose to take from a third party provider.
    4. Indemnities
      1. You agree to release and indemnify us and our Indemnified Officers against any Claim or Liability from or in relation to:
        1. any negligent act or omission by you, including anyone you allowed to access our website using your secure login details from time to time, whether deliberately or otherwise;
        2. your Job Listing and/or Material;
        3. your misuse of our website;
        4. your breach of any law or infringement of any rights including without limitation Intellectual Property Rights, the Privacy Act, employment laws, or consumer protection laws; and
        5. your action or inaction, delay, or breach of your obligations under this agreement, or your breach of any warranties under this agreement.
      2. You agree to release us and our Indemnified Officers against any Claim or Liability arising from or in relation to:
        1. acts or omissions of other users or any third parties;
        2. any Material available on our website, including Job Listings;
        3. any agreement between yourself and any other user of our website; and
        4. to the extent permitted by law, any loss or damage to persons or property (including data) caused by the reliance on any information provided on our website, whether directly or indirectly in connection with our website, even if we knew or should have known about the possibility of such loss or damage.
      3. You indemnify us for any reasonable legal expenses we incur as a result of your breach of these terms.
    5. General
      1. The laws of the State of New South Wales govern these terms. You must comply with all applicable laws in connection with our website.