Advertising Terms of Use
These terms and conditions ("Terms") govern all Advertisers (defined as "Advertiser", "you" and " your") that:
have placed an advertisement (the relevant ad) on www.cannabisJobs.com.au (the site);
have paid for advertising credit/points on www.cannabisjobs.com.au (credit);
have been advised that applications submitted in respect of the position advertised in the relevant ad will be stored on your behalf within Cannabis Jobs'; and
have utilised any features of the site or Cannabis Jobs' products offered through the site.
Your access to, and use of, the information, materials, and services provided on this site is conditional upon your acceptance and compliance with the Terms.
Depending on what level of service you choose, there may be other terms that govern your relationship with Cannabis Jobs in conjunction with these Terms.
If you have elected to also acquire or utilise advertising enhancements, premium advertisements, or other services on the site, these Terms are to be read in conjunction with, and incorporate, the Product Terms (including the Talent Search Terms and Conditions).
The Site is owned and operated by Cannabis Jobs defined as ("Cannabis Jobs", "we", "us" and "our").
Your continued use of this Site will be deemed as acceptance of these Terms by you.
Variation of Terms
Cannabis Jobs may vary these Terms at any time. If Cannabis Jobs varies these Terms, it will publish the varied Terms on the Site.
You accept that by doing this, Cannabis Jobs has provided you with sufficient notice of the variation to its Terms.
Payment
All amounts owing to Cannabis Jobs must be paid prior to utilising the services.
You are obliged to pay for the services that Cannabis Jobs agrees to provide you with regardless of whether you utilise or fully utilise those services. If you do not provide Cannabis Jobs with the necessary materials or information for Cannabis Jobs to deliver these services to you, you are still liable to Cannabis Jobs for full payment. Unused credit is not redeemable or refundable.
Payments using American Express or Diners Club credit cards may incur an extra charge of the Cannabis Jobs payment amount. The rates are the same that Cannabis Jobs is charged by American Express and Diners Club.
Points purchased on the Site are non-refundable or transferable. The equivalent dollar value and purchase price may change without notice.
When you use points to access special features or upgrades, your points are exchanged and cannot be reversed.
Intellectual Property Rights
Cannabis Jobs retains all intellectual property rights subsisting in any of the goods and services provided to you by Cannabis jobs.
Limitation of Liability and Disclaimer
Cannabis Jobs provides no warranty to you that services generally available through the Site will be uninterrupted or error free. Except where we are unable to exclude our liability by legislation, we, our officers, employees, agents and contractors will not be liable in any way to you or anyone else for any loss or damage, however it arises (whether in contract, tort including negligence, or otherwise) out of or in connection with your access and use of the Site.
In the case of goods, services, or credit supplied or offered via the Site, liability for breach of an implied term which cannot be excluded by legislation, is limited at our option to either, the supply of the goods, services, or credit (or the equivalent goods or services) again or the payment of the cost of having the goods, services, or credit supplied again.
Our limitation of liability under these Terms applies to direct, indirect, consequential, special, punitive or other damages that you or others may suffer, as well as damages for loss of profit, business interruption or the loss of data or information, even if we are informed of their possibility.
Cannabis Jobs accepts no responsibility or liability for content in your advertisements and you must check your advertisements content prior to publishing them on the Site.
Cannabis Jobs agrees to use reasonable efforts to publish advertisements in the shortest possible time.
Cannabis Jobs cannot, and does not guarantee or warrant to the you that files available for downloading through the Site or delivered via electronic mail through the Site, or features and products available through the Site, will be free of infection or viruses, worms, trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your 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.
Cannabis Jobs acts as a medium through which individuals seek employment opportunities. Cannabis Jobs does not vet, nor is it responsible for vetting, candidates or the representations made by them whether oral or in writing - including those representations appearing in candidates' resumes. We reserve the right to cancel or remove any adverts we deem inappropriate for any reason, with no need to justify our actions. Credit for canceled or deleted adverts will be awarded back to advertisers, but we accept no responsibility to justify the reason/s as to why adverts were canceled or deleted.
Changes to the Site and advertisements
Cannabis Jobs reserves the right at all times without the need to have to provide any notice to you, to alter the functionality and/or appearance of its products and services available from Cannabis Jobs or the Site itself, including but not limited to advertisements on the Site and/or as they are represented on mobile communication devices.
Your Obligations
You warrant and agree that:
you have the legal capacity and power to agree to be bound by these Terms and perform the obligations under them;
advertisements and other works posted on the Site do not breach the intellectual property rights of any third party;
all job listings are posted legitimately on behalf of the company or group you represent;
all files delivered to Cannabis Jobs will be free of infection or viruses;
you will not use the Site for any illegal purpose;
you will not use the Site or any features of the Site or products offered on the Site to upload, download, transact, store or make available data that is unlawful, harassing threatening, harmful, tortious, defamatory, libellous, abusive violent, obscene, invasive of another's privacy, racially or ethnically offensive or otherwise in our opinion objectionable or damaging to Cannabis Jobs, the Site users or persons generally.
You may not assign or transfer any rights and obligations pursuant to these Terms to any other person or entity without Cannabis Jobs' 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.
You indemnify and will keep indemnified Cannabis Jobs, its officers, employees and agents against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by Cannabis Jobs in connection with:
any breach of these Terms or the Product Terms by you;
any negligent act or omission by you;
the listing or proposed listing of any advertisement by you on the Site or any related site; or
an actual or alleged breach by you of any law, legislation, regulations, by-laws, ordinances or codes of conduct which occurs as a consequence of the advertisement appearing on the Site.
You agree at all times to deal with any information or products provided by Cannabis Jobs 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).
Except as otherwise permitted under these Terms, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Site including code and software.
You may not use data mining, robots, screen scraping, or similar automated data gathering, extraction or publication tools on this Site (including without limitation for the purposes of establishing, maintaining, advancing or reproducing information contained on our Site on another website or in any other publication), without Cannabis Jobs' prior written approval.
You may not use the Site to post any pyramid scheme on the Site and you also may not ask or require any candidate to pay a fee, charge, cost or any money whatsoever to apply for any job advertised on the Site whether such fee, charge, cost or money is asked or required of the candidate in the job advertisement itself or in any communication with the candidate that takes place as a result of a job advertisement placed on the Site.
You may not use any feature of the Site to send any unsolicited commercial electronic messages to candidates, whether individually or as a group. Candidate management tools may only be used to communicate with candidates in accordance with the Product Terms.
You must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to Cannabis Jobs without Cannabis Jobs' prior written approval.
Any advertisements acquired by you from Cannabis Jobs must not be on-sold or supplied by you to third parties unless you are a media buyer (as approved by Cannabis Jobs) whose primary business it is to acquire media on behalf of third parties, or unless you are a job recruiter and supply job recruitment services (as approved by Cannabis Jobs) in conjunction with the advertisements.
Where you are a job recruiter listing on our Site or on-sell or supply advertisements acquired by you from Cannabis Jobs, those ads must be branded with your job recruiter brand or co-branded with both your job recruiter brand and the brand of your client to whom the advertisement has been on sold or supplied.
If you breach any of these clauses then Cannabis Jobs reserves the right to charge you the casual advertiser price for each advertisement placed by you on the Site in breach of those clauses.
Misuse of candidate data, and on-selling
Any ‘personal information’ (within the meaning of the Privacy Act 1988 (Cth)) of any candidate that you obtain through your use of the Site or any features of the Site or products offered on the Site (including job applications received from candidates) must only be used by you in relation to your genuine employment and/or recruitment activities.
Selling or offering services or products (such as learning or educational courses or tools) to candidates whose personal information you have obtained through your use of the Site (including job applications received from candidates) is considered by Cannabis Jobs to be a misuse of candidate data, and is prohibited.
You may not under any circumstances provide any candidate personal information you have obtained through your use of the Site (including job applications received from candidates) to any other party, including to any affiliate or related party of yours (unless Cannabis Jobs has otherwise consented to this). This restriction on forwarding personal information applies irrespective of whether you receive direct financial benefit for doing so.
Cannabis Jobs takes its obligations under the Privacy Act 1988 (Cth) extremely seriously, and is resolute in its determination to prevent the misuse of candidate data. If Cannabis Jobs believes that you have misused candidate data for any reason, Cannabis Jobs reserves the right to:
immediately suspend or terminate your account, and/or suspend or terminate the account of any party that has received candidate personal information from you in breach of these Terms;
report any potential contraventions of the Privacy Act 1988 (Cth) by you to the relevant authorities, including the Office of the Australian Information Commissioner; and/or
take legal action against you seeking any number of remedies provided by law, including the award of monetary damages.
Placing Advertisements
You must ensure that all advertisements posted to the Site comply with all applicable legislation, regulations, by-laws, ordinances and codes of conduct, including but not limited to the:
Competition and Consumer Act 2010 (Cth) which requires that if you are a company you must not mislead persons seeking employment as to the availability, nature, terms or conditions or, any other matter relating to the employment opportunity being offered;
Fair Trading Acts in all applicable States and Territories;
Privacy Act 1988 (Cth) including the Australian Privacy Principles;
Estate Agents Acts in all applicable States and Territories; and
Human Rights and Equal Opportunity Commission Act 1986 (Cth); and
all anti-discrimination and equal opportunity legislation applicable in the State or Territory in which you do business.
You must adhere to the principles of truth in advertising set out in the RCSA's Code For Professional Practice.
You are not permitted to insert links to an external website or an externally hosted application form:
within the details of a job ad (including from the apply functions);
from within Cannabis Jobs' job application process;
within or from a previously approved externally hosted application form;
within an employer/company profile; or
within any communications with a candidate;
without Cannabis Jobs' express written approval which may be granted withheld or withdrawn at Cannabis Jobs' discretion.
You are not permitted to promote or refer to brands other than those associated with your business, (or a business operated by a related party to you):
within the details of a job ad (including from the apply functions);
from within Cannabis Jobs' job application process;
within or from a previously approved externally hosted application form;
within an employer/company profile; or
within any communications with a candidate;
without Cannabis Jobs' express written approval which may be granted withheld or withdrawn at Cannabis Jobs' discretion.
You may only post Advertisements to the Site that are in respect of a genuine employment opportunity that is current as at the time of posting the Advertisement, and for which you are currently recruiting. Cannabis Jobs reserves the right to request any information from you that it deems necessary to verify that a genuine employment opportunity exists.
You may not post advertisements to the Site to any location outside of Australia without Cannabis Jobs' express written approval. Cannabis Jobs reserves the right to charge you our then applicable standard casual rate for any advertisement posted to any such location in breach of this clause.
You must ensure that advertisements posted to the Site are posted to the appropriate category of the Site. It is your responsibility to ensure that you familiarise yourself with the advertising requirements of each available category on the Site to ensure appropriate placement of advertisements.
Advertisers acknowledge and agree that they must only advertise one job role per job advertisement posted on to the Cannabis Jobs Site. Where Advertisers have breached this obligation and have advertised multiple job roles in the one job advertisement, Cannabis Jobs reserves the right to charge the Advertiser for the number of job roles advertised in the one job advertisement posted on to the Cannabis Jobs Site.
Advertisers must ensure that all information entered into any data entry field, as part of the advertisement classification process, relates directly to the relevant data field category. Cannabis Jobs reserves the right to amend, alter or remove any information that does not meet this requirement.
Cannabis Jobs reserves the right and Advertisers must accept as a condition of advertising on the Site, Cannabis Jobs' right to re-classify advertisements posted to the Site, entitling Cannabis Jobs to withdraw advertisements from one category of its Site and to re-publish advertisements in another category on the Site.
Standard job advertisements are valid for 7 days, although you can choose to expire the advertisement earlier.
The following actions constitute a new/additional job advertisement:
copying a job advertisement;
reposting an archived or deleted job advertisement;
extending a job advertisement ("Extending") which adds 7 days to the life of the advertisement unless you choose to expire the advertisement earlier and this can occur on multiple occasions;
changing a zone classification and refreshing any job posting. Refreshing is the process of deleting and re-posting the same or substantially similar job advertisement.
Changes to job advertisement body copy and advertisement title or location, work type, classification and sub-classification categories do not constitute a new job advertisement, regardless of the method used to post the advertisement.
Access
You expressly authorise Cannabis Jobs to store and retain all applications submitted in response to the relevant ad, rather than emailing those applications to an external source.
Your access to the Site (and the functionality contained therein) will be via a secure login username and password issued to you by Cannabis Jobs. The Advertiser is responsible for:
providing Cannabis Jobs with the identity and contact details of individuals authorised to access the site on your behalf ( authorised users);
setting authority limits for all authorised users;
supervising the use of the Site by the authorised users, and ensuring that such use is consistent with the guidelines; and
ensuring that any password provided to authorised users is kept secure and confidential.
You are responsible for the use of the password issued by Cannabis Jobs to enable users to gain access to the Site, whether the use is by authorised users or any other person. Any act or omission by an authorised user in respect of the use of the password and/or the use of the Site that breaches these Terms will be deemed a breach of these Terms by you.
Once access to the Site has been granted to you by Cannabis Jobs, the Advertiser will have access to list jobs on the site, unless such access is terminated by us in accordance with these Terms and/or the Additional Terms.
Maintenance
Cannabis Jobs will use reasonable endeavours to ensure that the Site is available for access by authorised users at all times. Notwithstanding this, Cannabis Jobs may be required to undertake maintenance and upkeep of the Site from time to time. Cannabis Jobs will endeavour to limit any 'downtime' to periods outside of standard business hours. Cannabis Jobs provides no warranty to you that services generally available through the Site will be uninterrupted or error free. Except where we are unable to exclude our liability by legislation, we, our officers, employees, agents and contractors will not be liable in any way to you or anyone else for any loss or damage, however it arises (whether in contract, tort including negligence, or otherwise) out of or in connection with your access and use of the Site.
Private Advertiser
If you utilise the job listing function then:
At the time of collection of a candidate's personal information (whether from a candidate or from Cannabis Jobs), or as soon as practicable thereafter, you warrant to Cannabis Jobs that you will:
advise the candidate (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
make a copy of your privacy policy available to the candidate.
From time to time Cannabis Jobs receives requests from candidates regarding personal information collected by Advertisers. Where Cannabis Jobs receives such a request from a candidate whose personal information you have received, we will pass such request on to you. You warrant to Cannabis Jobs that whenever such request is provided to you, you will promptly and meaningfully respond to such request and will confirm such compliance to us.
You agree to indemnify and hold Cannabis Jobs harmless against any loss or damage whatsoever that Cannabis Jobs may incur, including but not limited to any civil penalties which may be imposed, as a result of:
a failure by you to comply with these Terms;
a breach of the Privacy Act 1988 (Cth) or the Australian Privacy Principles by you; or
any indirect contravention of the Privacy Act 1988 (Cth) or the Australian Privacy Principles by Cannabis Jobs caused by your non-compliance with these Terms.
Licence to use data
Except for information that is 'personal information' (as that term is defined in the Privacy Act 1988 (Cth)), all data stored on the site on behalf of the Advertiser is owned by the Advertiser, and not Cannabis Jobs.
The Advertiser hereby grants Cannabis Jobs a perpetual, non-exclusive, irrevocable licence to use any stored data to:
manage internal reporting requirements;
collate statistical information about use of the Site and submission of online applications;
analyse user behaviour on the Site;
send emails, notifications, and newsletters;
obtain and analyse high level trends and prepare reports relating thereto; and
generally improve the candidate user experience.
Hardware & software
It is the Advertiser's responsibility to ensure that it has the necessary computer hardware and software systems in place to access and utilise the Site.
General Terms
Cannabis Jobs reserves the right to terminate your agreement with us if you post any advertisement or utilise any feature of the Site or our products in any way which is in breach of any of these Terms or the Product Terms. Further, Cannabis Jobs reserves the right to, in its absolute discretion, reject or remove any advertisement from the Site for any reason.
Termination of our agreement with you as a result of you breaching any one or more of these Terms, will not end provisions of these Terms that are capable of surviving termination.
These Terms are governed by the laws of New South Wales. Advertisers irrevocably and unconditionally submit to the 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.