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These terms and conditions govern your use of www.AvWorker.com as a Corporate and/or Advertiser.
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| 1. You warrant that: |
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(a) You are entitled to perform Your obligations under these terms and conditions; |
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(b) You are the owner of the copyright, trademarks, moral rights and all other intellectual property rights (Intellectual Property Rights) in all of the advertisements, employer information and other material (Advertising Copy) submitted to Us; |
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(c) to the best of Your knowledge and belief, and without conducting any searches: |
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(i) all Intellectual Property Rights subsisting in the Advertising Copy do not infringe any Intellectual Property Rights owned by a third party; |
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(ii) no third party has commenced or threatened to commence proceedings for an infringement of any Intellectual Property Rights that subsist in the Advertising Copy; |
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(d) You will not attempt to use www.AvWorker.com to publish any material or submit any material to Us that: |
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(i) is pornographic, violent, discriminatory or otherwise offensive; |
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(ii) contains any virus, Trojan horse, worm or other malicious code; |
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(iii) falsely identifies You; |
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(iv) advertises a pyramid scheme or similar scheme or requires a candidate to pay a fee, cost, or any money whatsoever to apply for the advertised job; |
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(v) breaches the Trade Practices Act 1974 (Cth) (as amended from time to time) or any of the Fair Trading/Trade Practices legislation at the time prevailing in any State or Territory of Australia or which is misleading or deceptive in any way; |
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(vi) breaches any State or Commonwealth anti-discrimination legislation; (vii) breaches any State or Commonwealth law in relation to defamation, obscenity or contempt of court, tribunal or royal commission; |
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(viii) breaches the Privacy Act 2001 (Cth); or |
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(ix) breaches any other law including without limitation, common law, statute, delegated legislation, rule and ordinance of the Commonwealth or any State or Territory of Australia; and |
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(e) You are familiar with www.AvWorker.com and understand the processes required to use www.AvWorker.com. |
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| 2. We warrant that: |
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(a) We are entitled to perform Our obligations under these terms and conditions; |
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(b) We are entitled to grant the rights expressed in these terms and conditions; |
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(c) We own the Intellectual Property Rights in the Hippo Jobs Website; |
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(d) to the best of Our knowledge and belief, and without conducting any searches: |
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(i) the Intellectual Property Rights subsisting in www.AvWorker.com do not infringe any Intellectual Property Rights owned by a third party; and |
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(ii) no third party has commenced or threatened to commence proceedings for an infringement of any Intellectual Property Rights that subsist in www.AvWorker.com. |
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| 3. We make no warranty or representation in relation to www.AvWorker.com, including that: |
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(a) www.AvWorker.com is error or virus free; |
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(b) the use of www.AvWorker.com will be uninterrupted; or |
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(c) www.AvWorker.com will have a guaranteed readership or otherwise meet Your needs. |
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| 4. You acknowledge that any use of www.AvWorker.com will be at Your sole risk. |
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| 5. All prices listed and/or transactions taking place on www.AvWorker.com are in Australian dollars. |
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| 6. Nothing in these terms and conditions excludes, restricts or modifies any condition, warranty, right or remedy which is conferred on You by the Trade Practices Act 1974 (Cth) or any equivalent consumer legislation. |
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| 7. We reserve the right to remove from www.AvWorker.com any Advertising Copy or other material posted by You which breaches any of the warranties contained within clause 1. |
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| 8. You will not use www.AvWorker.com or any of the information available on www.AvWorker.com for any purpose other than the advertising of specific job vacancies, banner advertising, logo advertising, auction advertising and the selection of appropriate Job-Seekers, including using any of the contact information of other Advertisers or Job-Seekers to send unsolicited commercial messages in violation of the Spam Act 2003. |
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| 9. By posting any material on www.AvWorker.com, you agree to and thereby indemnify Us and Our officers, employees and agents (those indemnified) from and against any and all loss (including reasonable legal costs and expenses) costs, damages, expenses or liability reasonably incurred or suffered by any of those indemnified arising from any demand, claim or proceedings whatsoever made by any third person against those indemnified arising from: |
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(a) a breach by You of any the warranties set out in clause 1 of this Agreement; |
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(b) the use by You of www.AvWorker.com other than in accordance with these Terms and Conditions; |
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(c) a breach by You of Your obligations under this Agreement; or |
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(d) any other wilful, negligent or otherwise unlawful act or omission by You. |
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| 10. You acknowledge and agree that under no circumstances shall We be liable to You for any indirect, special, incidental or consequential damages, including without limitation, damages for loss or goodwill, work stoppage, computer failure or malfunction, loss of data, the costs of recovering lost data, the costs of substitute software, or any and all other damages or losses arising from use or inability to use www.AvWorker.com, or for any damages of any other nature (whether direct or indirect). |
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| 11. You acknowledge that: |
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(a) We own and retain all Intellectual Property Rights and other ownership rights in www.AvWorker.com; and |
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(b) there is no transfer of title or ownership to You of any Intellectual Property Rights in www.AvWorker.com under these terms or conditions or otherwise. |
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| 12. During Your use of www.AvWorker.com You grant a royalty-free non-exclusive licence to use any Advertising Copy submitted to Us for the limited purpose of displaying the Advertising Copy on www.AvWorker.com until expiration of a reasonable period after You request that Advertising Copy to be removed or the Advertising Copy is removed pursuant to these terms and conditions or any other agreement between You and Us. |
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| 13. We acknowledge that You shall own all Intellectual Property Rights in the Advertising Copy and that there is no transfer of title or ownership to Us of any Intellectual Property Rights in the Advertising Copy. |
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| 14. You must immediately notify Us if You become aware of any actual, suspected or anticipated infringement of the Intellectual Property Rights in or in relation to www.AvWorker.com. |
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| 15. Upon receiving notice from You in accordance with clause 13, We may, in Our absolute discretion choose to commence proceedings in relation to the infringement of its Intellectual Property Rights and You agree to render all necessary and reasonable assistance in relation to those proceedings. |
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| 16. You shall: |
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(a) keep any technical information, know-how, computer software (including all source-code, object code, models and other computing information), ideas, concepts and all other information of a confidential nature (Confidential Information) acquired by You as a result of Your use of www.AvWorker.com confidential; and |
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(b) keep all Confidential Information safe and secure, at all times. |
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| 17. You shall not use the Confidential Information except in relation to the use of www.AvWorker.com in accordance with these terms and conditions. |
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| 18. You shall not, without the prior written approval of Our General Manager or Managing Director for the time being, disclose the Confidential Information to any third party, except: |
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(a) to those of Your employees, agents and contractors who or which are reasonably required to have the Confidential Information, but only to the extent of that requirement; |
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(b) to any government authority as required by law, but only to the extent of such requirement and subject to You giving Us prior written notice of that requirement. |
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| 19. You shall take all reasonable steps to ensure that Your employees, agents and contractors do not make public or disclose the Confidential Information. |
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| 20. Notwithstanding any other provision of these terms and conditions, You authorise Us to disclose to Our potential clients, either directly or through Our advertising and promotional material that You use www.AvWorker.com. |
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| 21. You agree that all Advertising Copy You submit to Us shall relate to a specific employment opportunity at a specific location and You will not post on www.AvWorker.com any Advertising Copy of a generic nature. |
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| 22. If any provision of these terms and conditions is held to be illegal, invalid, void or voidable that provision shall be severed from these terms and conditions, without affecting the validity or operation of any other provision of these terms and conditions. |
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| 23. The termination of Your use of www.AvWorker.com in accordance with these terms and conditions, will not terminate Your obligations under the provisions of these terms and conditions which are capable of surviving such termination including each provision of these terms and conditions relating to the protection of the Confidential Information and Intellectual Property Rights. |
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| 24. A failure or delay in the exercising of a right under these terms and conditions does not result in a waiver of that right. Any waiver of a right under these terms and conditions must be made in writing. |
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| 25. These Terms and Conditions and Your use of www.AvWorker.com shall be governed by the laws of Australia and You submit to the non-exclusive jurisdiction of the courts of Australia and all courts that have jurisdiction to hear appeals from those courts. |
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| 26. Once payment has been confirmed (no more than a few moments after a credit card payment has been made), credit will be added to your account. You will then be able to post a job ad on www.AvWorker.com. If you experience any difficulty with this or would like additional assistance please contact
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| 27. www.AvWorker.com utilises SecurePay to ensure the site is appropriately setup and protected for secure online transations. You will see a small padlock at the bottom of your screen, indicating you are in a secure section of the site. |
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28.All payments made to Airborne Aviation Group Pty Ltd ATF S Barnes Business Trust for job advertisements are non-refundable and will not be returned if you terminate your account while it contains a credit balance. www.AvWorker.com reserves the right to immediately terminate your access to the Site in its absolute discretion for any reason, in particular where you breach the terms and conditions or other relevant conditions, disclaimers or notices appearing on the site.
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| In these terms and conditions ‘We’, ‘Our’, and ‘Us’ are references to Airborne Aviation Group Pty Ltd ATF S Barnes Business Trust (ACN 104375313) and references to ‘You’, and ‘Your’ are references to the Advertiser. ‘Advertiser’ means any party that advertises an Advertisement on www.AvWorker.com. 'Member' and/or ‘Job-Seeker’ means any person who uses www.AvWorker.com to access advertisements or publicise their availability as a job candidate. |
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| By submitting any Advertising Copy to Us, including without limitation posting any Advertising Copy on www.AvWorker.com You agree to be bound by these terms or conditions. Back to Corporate |
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