A. Advertiser Terms and Conditions
Before a person or organisation can place an advertisement on a Job Board it is necessary to create an advertiser account with Taykon. (See http://www.constructionjobs.com.au/contactus). In submitting an application to create an advertiser account, the applicant agrees to the following terms and conditions which apply to a person or entity placing advertisements with Taykon from time to time (an “Advertiser”):
- Pay-as-you-go pricing plans are available to approved account holders only, in which case invoices must be paid within 30 days of issue. Taykon may deliver to the Advertiser an invoice by email in accordance with the Advertiser registration details. In all other cases, payment is required to be made by credit card in order to complete the transaction by the secure payment facility via the Taykon’ site, www.taykon.com.au (the “Taykon Site”).
- Advertisements posted by the Advertiser on a Job Board are current for a period of 30 days, following which they will be automatically archived. To reinstate an advertisement from archive will incur an additional fee for advertising.
- Current advertising rates and other fees and charges can be accessed by contacting Taykon and/or visiting the Taykon Site. Unless otherwise specified, all rates are in Australian dollars and are exclusive of goods and services tax. The Advertiser must pay an additional amount on account of any applicable goods and services tax on a supply made to the Advertiser.
- The Advertiser is responsible for proof reading and checking advertisements to be placed. If advertisements are incorrect following publication it is the Advertiser’s responsibility to contact Taykon to action any correction required. No refunds will be given and invoices remain payable despite any such inaccuracy, error or omission on the Advertiser’s part. The Advertiser acknowledges and agrees that Taykon may re-format or edit an advertisement to comply with standard style or classification formats used by Taykon from time to time.
- Where the Advertiser does not have a registered office or principal place of business in Australia, Taykon may require payment in advance before posting an advertisement on behalf of the Advertiser. For credit reasons Taykon may also in its discretion require the Advertiser to pay prior to placement of the advertisement.
- Taykon reserves the right to charge interest on any overdue invoice at the rate of 1% per calendar month, calculated daily on each day such invoice remains overdue. Taykon may also disable the Advertiser’s account, or remove the Advertiser’s listings from any one or more Job Boards until such time as the overdue invoice and all applicable interest is paid.
- The Advertiser warrants that the advertisement submitted by the Advertiser for publication and the advertisement as published (in either case, the “Advertisement”):
- is in respect of a genuine position as described in the Advertisement and that this is the sole purpose of the Advertisement;
- is 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;
- does not use discriminatory language or requirements;
- does not contravene applicable anti-discrimination laws: including, without limitation, the Age Discrimination Act 2004 (Cth), the Disability Discrimination Act 1992 (Cth), the Human Rights and Equal Opportunity Commission Act 1986 (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) and the Equal Opportunity Act 1984 (WA) (“Anti-Discrimination Laws”);
- will clearly state in the Advertisement if the Advertiser is relying upon an exemption under any applicable Anti-Discrimination Law in connection with the placement of such advertisement or recruiting for the position which is the subject of such Advertisement;
- does not contain any material that could reasonably be considered to be defamatory or offensive;
- does not infringe any intellectual property rights (including trade marks or copyright) of a third party.
- The Advertiser warrants that it has obtained all requisite internal approvals that may be required in connection with the Advertisement and the position that is the subject of the Advertisement before submitting an Advertisement to Taykon.
- The Advertiser warrants that it will not in connection with an Advertisement (including, all responses received in relation to such Advertisement) use any information obtained from candidates or potential candidates for a purpose that is not genuinely connected to recruitment for the advertised position. In particular, the Advertiser warrants that it 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.
- The Advertiser must take all reasonable care in guarding against unauthorised use of its user name and password. Taykon is not responsible for any unauthorised access to Advertiser accounts through failure of the Advertiser to take such reasonable care.
- The Advertiser acknowledges and agrees that by submitting an application to open an account with Taykon the Advertiser (and where applicable, its directors, partners or principals) authorise Taykon to request and obtain information on credit history from time to time from any credit reporting agency.
- The Advertiser acknowledges that Taykon does not independently verify information provided by candidates and that the Advertiser must rely on its own enquiries to check or otherwise verify information provided.
B. Candidate Terms and Conditions
Each person viewing or searching any of the Job Boards as a potential candidate or responding or applying for a position the subject of an Advertisement (a “Candidate”) agrees to the following terms and conditions:
- The Candidate acknowledges that any Advertisement appearing on a Job Board is provided “as is” and has been created and/or authorised by the relevant Advertiser. Taykon does not independently verify the accuracy of content of Advertisements or the bona fides of Advertisers. The Candidate is responsible for satisfying themselves as to such matters when contacting an Advertiser in response to an Advertisement. No fee or charge should be requested by any Advertiser to review or consider an application from the Candidate or to attend an interview. Such a request from any Advertiser may be indicative of a non-genuine purpose. If the Candidate has reason to suspect that a position advertised in an Advertisement is not genuine or that recruitment for the advertised position is not the sole purpose of the Advertisement, Taykon would appreciate this feedback so that it can make inquires and, where applicable, take appropriate action.
- The Candidate must take reasonable care in protecting against unauthorised use of log-on details. Taykon is not responsible for any unauthorised access to Candidate job profile information or Candidate user account through failure of the Candidate to take such reasonable care.
- The Candidate warrants that in responding to any Advertisement or making inquiries of an Advertiser he or she does so as a genuine potential candidate in his or her own personal, non-commercial capacity.
- The Candidate indemnifies and will keep Taykon indemnified from any claim, loss or liability arising directly or indirectly from any curriculum vitae or resume or other information submitted by or on behalf of the Candidate to an Advertiser (including, without limitation, where such claim, loss or liability is caused by any misleading information, material omission, fraudulent or negligent misstatement).
C. General Terms and Conditions
The following terms and conditions apply generally to Advertisers, Candidates and other users or visitors to any Job Board (in each case, referred to below as “you”):
- All content appearing on a Job Board (excluding material provided by Advertisers or Candidates) is the copyright Taykon or its licensors and is protected by copyright laws including the Copyright Act 1968 (Cth) and under international treaties.
- The Taykon swirl logo device and Power Post™ mark are trade marks of Taykon and must not be reproduced without permission.
- In providing the Job Boards, you acknowledge that Taykon is providing an online service to facilitate the placement of candidates in available positions, however, Taykon does not provide any advice, representation, endorsement, recommendation or opinion in connection with advertised positions, Advertisers or Candidates.
- To the full extent permitted by law:
- the content appearing on Job Boards and the services comprising or provided by Taykon under or in connection with Job Boards (together, the “Taykon Service”) is provided “as is” and without warranties of any kind, whether express or implied;
- Taykon limits its liability to you in connection with the Taykon Service to:
- supplying the relevant Advertisement or service again; or
- payment of the cost of having the relevant Advertisement or service supplied again;
- Taykon will not be liable under any circumstances for any loss of profits, indirect, consequential or incidental loss, damage or injury in connection with the Taykon Service.
- Taykon will not be liable for:
- any downtime, interruption to or inability to access any Job Board;
- any inability to log-on or access your online account;
- any delay or failure in an Advertisement being posted, archived, restored from archive, or taken down or any change to the details or content of such Advertisement being made;
- any matter, circumstance or thing beyond Taykon’s control (including, without limitation, interruption to or failure of the power supply, its IT systems or those of its IT or communications provider, strikes, lock-outs, or acts of God).
- You warrant that in accessing or visiting the Job Boards or any user account you will not introduce any virus or other malicious harmful or destructive code.
- You are not permitted to link any website to any the Job Boards without Taykon’ prior written permission (which may be given or withheld in its discretion). Taykon is not responsible for the operation and content of any third party websites that may be linked to any of the Job Boards.
- Any banner advertising or other advertising appearing on the Job Boards does not imply an endorsement or recommendation by Taykon of the advertiser or their products or services.