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Advertising Terms of Use

This website is owned and operated by SEEK Limited (ABN 46 080 075 314) defined as ("SEEK", “we”, “us” and “our”).

Advertisers on www.seek.com.au (referred to as the “Site”) are identified as “you” or “your”.

Your access to and use of the information, materials and services provided on this Site is conditional upon your acceptance and compliance with these terms, conditions, notices and disclaimers (“Terms”).

Your use of this Site will be deemed as your acceptance of these Terms.

Variation of Terms

SEEK may vary these Terms at any time. If SEEK varies these Terms, it will provide notice by publishing the varied Terms on the Site.
You accept that by doing this, SEEK has provided you with sufficient notice of the variation to its Terms.

Payment

All amounts owing to SEEK must be paid within 14 days of the date of invoice.
You are obliged to pay for the services that SEEK agrees to provide you with regardless of whether you utilise or fully utilise those services. If you do not provide SEEK with the necessary materials or information for SEEK to deliver these services to you, you are still liable to SEEK for full payment.
Payments using American Express or Diners Club credit cards incur an extra charge of 3.02% (including GST) for American Express, or 2.46% (including GST) for Diners Club, of the SEEK payment amount. The rates are the same that SEEK is charged by American Express and Diners Club.
SEEK may charge you interest on late payments at its applicable bank interest rate plus any costs we incur as a result of collecting your payment.
If you do not pay your account on time SEEK may disable your account without notice and refuse to supply further services to you.
You agree that pursuant to the Privacy Act 1988 (Cth), SEEK may obtain from either a credit reporting agency or other credit providers personal credit information about you and/or your directors or a consumer credit report about you for the purpose of collecting overdue payments relating to commercial credit owed by you.
You agree that, subject to SEEK’s Privacy policy which is available at http://www.seek.com.au/general_id_items/content/privacy.ascx , SEEK may disclose this information to a credit reporting agency or any other interested person.

Intellectual Property Rights

SEEK retains all intellectual property rights subsisting in any of the goods and services provided to you by SEEK.

Limitation of Liability and Disclaimer

SEEK 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 or services 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 or services (or the equivalent goods or services) again or the payment of the cost of having the goods or services 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.
SEEK accepts no responsibility or liability for any errors in your advertisements and you must check your advertisements for errors as soon as they are placed on the Site. SEEK agrees to use reasonable efforts to publish advertisements in the shortest possible time.
SEEK 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 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.
SEEK acts as a medium through which individuals seek employment opportunities. SEEK does not vet, nor is it responsible for vetting, job candidates or the representations made by them whether oral or in writing - including those representations appearing in job candidates resumes.

Changes to the Site

SEEK 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 SEEK 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 it;
advertisements and other works posted on the Site do not breach the intellectual property rights of any third party;
all files delivered to SEEK will be free of infection or viruses; and
you will not use the Site for any illegal purpose.

You may not assign or transfer any rights and obligations pursuant to this agreement to any other person or entity without SEEK's 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 SEEK, its officers, employees and agents against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by SEEK in connection with:

any breach of these 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 a consequence of the your advertisement appearing on the Site.

You agree at all times to deal with any information or products provided by SEEK 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).
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 data gathering and extraction tools on this Site for establishing, maintaining, advancing or reproducing information contained on our Site on another website or in any other publication, without SEEK’s 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 unsolicited commercial email to candidates, whether individually or as a group. Candidate management tools may only be used to communicate with candidates about the specific vacancy to which they have applied. Resume database tools may only be used to communicate with candidates about specific vacancies which match your preferences.
You must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to SEEK without SEEK's prior written approval.
Any advertisements (including but not limited to StandOut Ads and Premium Ads) acquired by you from SEEK must not be on-sold or supplied by you to third parties unless you are a media buyer (as approved by SEEK) 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 in conjunction with the advertisements (including but not limited to StandOut Ads and Premium Ads) acquired by you from SEEK.

Where you have breached your obligation under this clause SEEK will charge you the difference between SEEK’s then current casual advertising rate and the price charged by SEEK to you for all of the advertisements sold or supplied by you in contravention of this term.

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) including but not limited to section 31 of Schedule 2 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; and
Fair Trading Acts in all applicable States and Territories; and
Privacy Act 1988 (Cth) including the National Privacy Principles; and
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 within the details of a job ad or link from SEEK's job application process to any external websites or externally hosted application forms without SEEK's express written approval. Such approval is subject to specific terms and conditions.
You may not post advertisements to the Site to any location outside of Australia without SEEK’s express written approval. SEEK 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 SEEK Site. Where Advertisers have breached this obligation and have advertised multiple job roles in the one job advertisement, SEEK reserves the right to charge the Advertiser for the number of job roles advertised in the one job advertisement posted on to the SEEK Site.
SEEK reserves the right and Advertisers must accept as a condition of advertising on the Site, SEEK's right to re-classify advertisements posted to the Site, entitling SEEK 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 30 days, although you can choose to expire the advertisement earlier.
Applicable from 1 October 2011, if you select a maximum invisible salary of $150k or more per annum (or $75 or more per hour) for your job advertisement, it will attract a 25% loading.
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 30 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;
posting advertisements on SEEK via a bulk data import process or changing a job advertisement reference number. If you are using a bulk data import process, you must ensure that you understand the effect bulk data importing may have on Extending advertisements as SEEK will count all new/additional job advertisements against your account and will invoice you accordingly.

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.

General Terms

SEEK reserves the right to terminate your agreement with SEEK if you post any advertisement that may be in breach of any of these Terms. Further, SEEK reserves the right to, in its absolute discretion, reject or remove any advertisement from the Site for any reason.
Termination of this agreement will not end those provisions that are capable of surviving the ending of this agreement.
These Terms are governed by the laws of Victoria. Advertisers irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of Victoria, and waive any objection to legal action being brought in those Courts on the grounds of venue or inconvenient forum.
You must adhere to the terms and conditions relating to the products you have purchased as published in the “Product Terms & Conditions (“Product Terms”)

Last Updated On 1 October 2011