Advertising Terms and Conditions
Date of Last Revision: July 23, 2012.
These terms and conditions apply to the placement of Job Ads on this Website. You agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from placing Job Ads on the Website. The general Website Terms and Conditions also apply to you.
 
1. Definitions
In these Terms and Conditions:
1.1 "Advertiser" means any Employer, recruiter or other person placing a Job Ad on the Website;
1.2 “CV” means the CV and resume details that a candidate provides for posting on the Website and that are provided or may be provided to an Advertiser following their use of the Website;
1.3 “Candidate Content” means any content and information that a candidate uploads to the Website, including any CV and/or any audiovisual material that may be downloaded from the Website in respect of a candidate;
1.4 “Employer” includes a prospective employer or actual or prospective other hirer of a candidate;
1.5 "Job Ad" means any advertisement placed or proposed to be placed at the Website pertaining to prospective employment with an Employer;
1.6 "Job Ad Content" means any content or details for a Job Ad which you provide to us (including by you completing any template) for the purpose of preparing, creating, posting or amending a Job Ad;
1.7 "we", "us" and "our" are references to Is My Software Pty Ltd ACN 136 024 256;
1.8 “the Website” means our website located at http://www.ismycv.com.au and unless the context requires otherwise, related services and sites; and
1.9 “you” and “your” are references to you as an Advertiser.
2. Our Roles
2.1 In providing the Website and the services offered at the Website, our role is as a neutral facilitator and we are not involved in and assume no liability in respect of any transactions between Advertisers and candidates. We are not an employer, an employment agency, or a recruiting firm. Our role in respect of the placing of Job Ads is as a distributor, not as the advertiser, of the Job Ad.
3. Placing Job Ads
3.1 Important acknowledgment

You agree and acknowledge that much hardship and difficulty may be caused to candidates by misleading advertising placed in relation to employment. Placing misleading advertisements may be an offence against the Australian Consumer Law and/or other local, national and international laws and regulations, as well as a breach of these Terms and Conditions.

3.2 Template

Unless we agree otherwise in writing, you agree to provide Job Ad Content using and subject to the limitations of the advertising templates supplied by us at the Website.

3.3 Representations and warranties

By placing a Job Ad at the Website you represent and warrant to us that you are entitled to act on behalf of and to bind the employer/hirer organisation that you purport to represent. You warrant that you are able and legally entitled to offer or promote any role referred to in your Job Ad. To the extent that you use this Website on behalf of a recruiting firm or staff agency you must identify yourself in any Job Ad as doing so in that capacity.

You represent and warrant that all Job Ad Content that you provide will not infringe any third party's intellectual property rights, including but not limited to any trade mark, copyright or rights in respect of confidential information.

3.4 Prohibitions and restrictions
  You must not:
 
(a) submit any Job Ad Content in a manner that does not comply with applicable local, national and international laws and regulations, including those relating to employment, equal opportunity, anti-discrimination and privacy. Except where allowed by law, you must not submit any Job Ad Content that requires the candidate to provide information regarding their age, political, philosophical or religious beliefs, racial or ethnic origin, membership of a trade union, physical or mental health, genetic information or characteristics, gender, sexual orientation or history, criminal record or other characteristic protected by law;
 
(b) submit any Job Ad Content requiring any screening requirement or criterion that is not relevant to the job;
 
(c) advertise sexual services or seek candidates for jobs of a sexual nature;
 
(d) submit any Job Ad Content in relation to a job that pays commissions only unless the Job Ad clearly states so and clearly describe the goods and/or services that the successful candidate would be required to sell;
 
(e) use the Website (including by placing or attempting to place a Job Ad) for the purpose of offering business opportunities requiring an up-front payment or any other payment to take advantage of the opportunity (including but not limited to payment of phone charges in excess of standard call rates), to advertise or promote training opportunities, franchise opportunities, pyramid schemes, distributorships, “club memberships” and/or similar “business opportunities” or multi-level marketing opportunities;
 
(f) use the Website to obtain prospective candidates' details in circumstances where no real job exists;
 
(g) ask or require any candidate to pay a fee, charge, cost or any monetary amount to apply for any position advertised on the Site (whether or not the request or demand is contained within the Job Ad or in any communication with the candidate that takes place following the publication of the Job Ad); and
  if you are situated in Australia, make as a condition of employment that the candidate have citizenship or lawful permanent residence in Australia, unless otherwise required in order to comply with any law, regulations, executive order or federal, state or local government contract. If you are situated in the United States of America, you must not make, as a condition of employment, that the candidate have U.S citizenship or lawful permanent residence in the U.S
3.5 Misleading Representations

Without limiting any other provision, you agree to refrain from making any misleading representation (including by silence) in any Job Ad regarding the availability, nature, terms or conditions of employment. You must provide Job Ad Content with sufficient information to enable it to be placed by us in the correct classification, to enable the reader to identify the Advertiser, to understand the nature of the work, whether it is part time, full time, casual or a contract position, as well as the key terms and conditions of the employment, the basis for remuneration and its location. You must ensure that your Job Ad Content does not misrepresent the prospects that may be available to a successful applicant.

3.6 You warrant that if any Job Ad Content contains a link to another website (including your own website) that the linked content will also contain nothing misleading, deceptive, defamatory or otherwise unlawful. We maintain the right to object at our discretion to the inclusion of a link to a website in any Job Ad Content.
3.7 Our approval right

You agree that we shall have the right to review and approve or reject all proposed Job Ad Content prior to publication of a Job Ad at the Website and that we reserve the right not to publish a Job Ad if in our reasonable opinion the Job Ad does not or may not comply with all applicable laws and regulations or is otherwise in breach of these Terms and Conditions. You must not assume a Job Ad appears on or will appear on the Website unless and until you receive confirmation from us that the corresponding Job Ad has gone live on the Website.

3.8 Proof reading

You must proof-read and check all Job Ad Content to be placed on the Website. You must check your Job Ads for errors as soon as they appear on the Website. We accept no responsibility or liability for any errors or omissions in your Job Ads.

3.9 Classification

You must ensure that you select the appropriate category or categories in which your Job Ad Content is to appear. It is your responsibility to take all steps necessary to ensure that you understand the characteristics of and advertising requirements pertaining to each category. Nevertheless, we reserve the right to re-classify your Content including, without limitation, by removing it from one category and republishing it in another.

3.10 Licence

By uploading, transmitting or posting Content you grant us permission and a royalty free licence to use, edit, reproduce and communicate the Content at the Website and otherwise for the purposes for which you have uploaded it.

3.11 Notification if circumstances change

You must ensure that throughout the time that a Job Ad is live, its contents are correct and accurate. If circumstances change, including if the job vacancy is no longer available, you must immediately notify us of the change.

4. Following publication of a Job Ad
4.1 If you wish to obtain a candidate’s full CV details you must use the Website and its facilities. You are obliged (unless we agree otherwise in accordance with clause 10 of the Website Terms and Conditions) to purchase resume download credits to access candidate contact details using the Website and respect of which a charge applies, irrespective of whether you proceed to interview the candidate and/or to offer the candidate a position.

You must not knowingly contact any candidate who has posted a CV at the Website without first purchasing the candidates contact details with resume download credits through the processes available at the Website.

4.2 You should treat any Candidate Content (including any candidate's details) as confidential unless the candidate instructs you otherwise.
4.3 You warrant that you will contact candidates only for job openings that actually exist. You must not use the Website or contact any candidate using the Website or information provided therefrom for any purpose other than the prospective hire or employment of that individual.
4.4 We make no representation as to the suitability of any candidate whose details appear on the Website or that you may contact using the Website, nor their continuing availability following their posting of any Candidate Content.
4.5 You agree that CVs and Candidate Content are provided for your own use and may not be sold, redistributed or used for any commercial purpose other than your prospective hire of candidates. You must not disclose details of the candidate or forward to any other organisation or person outside your organisation any CV or candidate details received through your use of the Website.
4.6 It shall be your responsibility to comply with all legal and regulatory requirements in relation to the interviewing, hiring and employment of personnel whose details you access through the Website, including, without limitation all human rights, equal opportunity and anti-discrimination legislation in force in the jurisdictions in which you operate.
4.7 You must treat all candidates with respect, politeness and fairness.
4.8 If we provide (or you otherwise obtain through use of the Website) CVs or any other Content to which a charge applies, you must pay the applicable charge, as notified from time to time by us, by credit card or any other method that we approve in advance.
5. Disclaimers
5.1 We do not make any representations or warranties that your access to the Website will be uninterrupted, timely, secure or error free.
5.2 We do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Website or any linked website, nor do we accept responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Website.
5.3 To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
 
(a) if the breach relates to goods;
 
 
(i) the replacement of the goods or the supply of equivalent goods;
 
 
(ii) the repair of such goods;
 
 
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or;
 
 
(iv) the payment of the cost of having the goods repaired;
 
(b) if the breach relates to services;
 
 
(i) the supplying of the services again or;
 
 
(ii) the payment of the cost of having the services supplied again.
5.4 In no circumstance will we be liable to you for any indirect, incidental, special and/or consequential losses or damage (including loss of profits, revenue, production, goodwill, data or opportunity or any physical injury) of any nature arising through or as a result of your use of the Website.
6. Exception to Disclaimers
6.1 The disclaimers set out in these terms and conditions do not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
7. Specific Terms
7.1 You must ensure that your use of this Website and the preparation and posting of Job Ads you propose is not illegal or prohibited by laws which apply to you.
7.2 You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Website or any linked website.
7.3 Whilst we have no reason to believe that any particular information contained on this Website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this Website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this Website.
7.4 Responsibility for the content of candidate postings or advertisements appearing on this Website rests solely with the candidates. The placement of such postings does not constitute a recommendation or endorsement by us of the candidates and each candidate is solely responsible for any representations made in connection with its posting/advertisement. We do not screen or monitor the background, conduct, suitability or trustworthiness of any user (whether candidate or Advertiser) and assume no liability for any such screening or monitoring.
7.5 All information contributed by us and appearing at the Website is provided in good faith. You accept that any such information provided by us is general information and is not in the nature of advice. We derive such information from sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update this information at any time.
7.6 We do not verify and assume no liability for the accuracy of the content of candidate profiles and CVs and we have no control over the quality, safety or legality of candidate profiles/ CVs, the truth or accuracy of the Content posted by candidates or the ability or suitability of candidates to fill job listings. We do not and cannot represent or guarantee that any user of the Website is who the user claims to be.
7.7 We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us. You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material which is made available to you through use of the Website. We will not be liable for any loss arising from any action or decision that you make in reliance on the Content or otherwise by using the Website.
7.8 You acknowledge that we are a distributor, not a publisher, of content on this Website. We are not responsible for and accept no liability in respect of any material uploaded, posted or transmitted to the Website by any person other than us. Our editorial control is limited to the selection of materials to make available, although we reserve the right to review any Content and amend or alter it as we see fit. Any opinions or advice by third parties remain the responsibility of those third parties and we do not guarantee the accuracy, completeness or usefulness of that content or its fitness for any particular purposes.
7.9 Where the information made available on this Website contains opinions or judgements of third parties, we do not purport to endorse the contents of that opinion or advice. We do not accept liability for loss or damage caused by your reliance upon any information obtained through this service and it remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.
8. Payments and Refunds
8.1
When making payment for any service offered by us you will pay by credit card. Credit card transactions will be secured using 128 bit Secure Sockets Layer (SSL) encryption technology or such other technology deemed appropriate. You are solely responsible for complying with our terms and conditions. Refunds will only be available in the event of an erroneous double charge or as otherwise required by law.
 
Registration Name Is My Software Pty Ltd
Place Registered Victoria, Australia
Office Address 1 Williamsons Road, Doncaster Victoria, Australia 3108
Registered Number 136 024 256
Telephone Number 61 3 9272 0000
Email Address accounts@ismysoftware.com
9. Additional Restrictions on Use and Conduct
9.1 You must not use this Website to impersonate any person, organisation or entity,to transmit unsolicited emails/spam or to defame, abuse, harass, threaten or otherwise harm any person.
9.2 You must not:
 
(a) upload, post, transmit or otherwise make available on the Website any content that:
 
 
(i) promotes, encourages or provides information about unlawful conduct or activities;
 
 
(ii) includes a photograph or other likeness, or personal information of another person without their consent;
 
 
(iii) contains pornography, nudity, sexual acts or references;
 
 
(iv) contains profanities, swearing, or vulgarity;
 
 
(v) contains viruses, worms or other types of malicious or harmful programs, nor take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or
 
 
(vi) advertises, promotes or solicits any goods or services other than relating to prospective employment or otherwise permitted in writing by us; or
 
(b) delete or alter any content that you have not posted; or
 
(c) damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to us or do anything that compromises the security of the Website.
10. Indemnity
10.1 You agree to fully indemnify and hold us harmless against any expenses, costs, loss or damage (including consequential loss) that we may suffer or incur as a result of or in connection with your use of the Website and any breach of these Terms and Conditions.
11. Security of Information
11.1 No data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
12. Waiver
12.1 Our failure to take action with respect to any breach by you or others do not waive our rights to take action with respect to subsequent or similar breaches.
13. Removal of Job Ads
13.1 We reserve the right to (but do not represent that we will) remove your Job Ads after a significant period of inactivity (as determined by us), provided we have notified you in advance of our intention to do so and you have not objected to same within 7 days of such notification.
14. Governing Law
14.1 To the extent permissible at law these terms and conditions are governed by the laws in force in Victoria, Australia.
15. Amendments to Terms and Conditions
15.1 We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
16. Acceptance
16.1 By clicking I Accept, you acknowledge that you have read, understood and accept the above terms of use.