TERMS OF USE

1. These terms and conditions of use for Advertisers (“Advertising Terms of Use”) govern Your use of the Site. The Advertising Terms of Use are to be read and construed in conjunction with the Users Agreement and Privacy Policy. Please read them carefully.

2. The Advertising Terms of Use may be changed at any time, without warning or notification by Us, by updating this document and posting same on the Site.

3. If You do not agree with the Advertising Terms of Use, do not advertise on this Site. By using this Site You accept the Advertising Terms of Use and agree to be entirely bound by this Agreement.

ADVERTISERS OBLIGATIONS

4. By Using this Site you irrevocably undertake and covenant to us that You will observe and comply with each duty and obligation imposed or undertaken upon You pursuant to this agreement including the payment of all monies under this agreement and all other acts and things to be done and performed pursuant to any provision of this agreement, including the observation of and compliance with the following terms of use:

(a) Advertisers may only communicate with Candidates about the specific vacancy to which they have applied;

(b) Advertisers are not permitted to create a link from the Site to any external Websites without Our consent;

(c) Advertisers must not Use the Site in a manner that is illegal or unlawful;

(d) Advertisers must not post any form of material (including advertisements and communications) on the Site that is by its nature, illegal or unlawful, offensive, harmful, incomplete, false, misleading and deceptive or likely to mislead and deceive Users.

(e) Advertisers shall only list one job position per advertisement unless otherwise agreed by us;

(f) Advertisers shall not perform any refreshing or reposting of advertisements purely for the purpose of restoring those ads to the top of recent listings;

(g) Unless otherwise agreed, Advertisers shall only include branding on the Site that represents the entity with whom We have a contractual arrangement;

(h) Advertisers shall observe and comply with all Applicable Law including without limitation the Human Rights and Equal Opportunity Commission Act 1986 (Cth), child protection legislation, anti-discrimination legislation, workplace health and safety legislation and equal opportunity legislation applicable in the relevant State and Territory in which the Advertiser conducts business. Where an exemption to comply with any Applicable Law has been granted, the Advertiser must include the exemption number with respect to the relevant legislation in the advertisement submitted for posting on the Site;

(i) Advertisers shall observe and comply with the principles of truth and honesty as set out in the RSCA's Code of Practice; and

(j) Advertisers shall not post advertisements or any other material on the Site that breaches the intellectual property rights of a third party.

REPRESENTATIONS AND WARRANTIES

5. Advertisers hereby represent, warrant, covenant and undertake to observe and comply with:

(a) all of the Obligations, terms and conditions contained in this Agreement;

(b) the terms and conditions contained in the Users Agreement; and

(c) the Privacy Policy; and shall continue to do so following termination or cessation of this agreement.

RESERVATION OF RIGHTS

6. We reserve the right to:

(a) amend any advertisement posted on the Site at Our discretion and as we think fit to comply with the Applicable Law, or for database search and classification purposes;

(b) remove any advertisements, suspend or close accounts at our absolute discretion that are in breach of the Advertising Terms of Use or the Users Agreement, including the non-payment of monies by an Advertiser.

(c) to take necessary action, including the reporting report of illegal or unlawful material posted (including advertisements and communications) by Advertisers to the relevant authorities, which conduct may be punishable by law.

VENUE ONLY

This Site is a venue only and acts as a communications platform for enabling the connection between prospective child care employers and candidates seeking employment. We do not investigate, interview or screen candidates or verify the accuracy of resumes submitted by candidates.

7. We do not monitor or guarantee the success of any advertisement posted to this Site. Advertisers, posting job ads to this Site, are solely responsible for the form, content and accuracy of all job ads.

8. Advertisers accept full responsibility for satisfying itself on the suitability of any candidate.

PAYMENT TERMS

9. All fees are payable within thirty (30) days form the date of the invoice, notwithstanding any errors or omissions in any advertisement posted on the Site. Interest may be charged on any amount outstanding after the said thirty (30) days at a rate of 12% per annum and shall accrue daily until the outstanding balance is paid. We also reserve the right to recoup any collection costs incurred by virtue of any failure of the Advertiser to abide by the terms of this agreement.

10. Advertisers agree that any of the following will be deemed to constitute the placing of a new job advertisement under this agreement, requiring payment of the applicable fee:

(a) Renewing a job advertisement by extending a job advertisement beyond 30 days, and any subsequent or further extensions;

(b) Deleting and re-posting the same or substantially similar job advertisement;

MONEY BACK GUARANTEE

11. All fees charged in association with using this Site, including posting an advertisement, searching applications and resumes, or advertising in any other way, are fully earned and are strictly non-refundable EXCEPT in the event of the following:

(a) Where no Candidate applies for a position advertised by an Advertiser, under our $60.00 for 60 days promotion within 60 days of posting of the ad on the Site, then the fee of $60.00 charged to the Advertiser in association with the said advertisement shall be fully refundable PROVIDED THAT the Advertiser provides Us with a written request for a refund no later than sixty (60) days from the date of expiry of the said 60 day period.

GOODS AND SERVICES TAX (“GST”)

12. All fees payable under or pursuant to this Agreement are exclusive of GST except where otherwise provided.

13. Despite anything else contained in this Contract, in the event that additional GST is or becomes payable, this clause shall apply.

14. In addition to any other amounts payable or consideration provided by the Advertiser to Us under or in connection with this Agreement (“the GST Exclusive Consideration”), the Advertiser must pay to Us an amount equal to the GST Exclusive Consideration multiplied by the GST Rate.

15. Payment must be made by the Advertiser at the same time as the GST Exclusive Consideration is payable or is to be provided under this Agreement or where the amount of GST Payable is not known at that time, on demand.

16. Tax Invoices must be issued in accordance with the requirements of GST Law.

17. If We incur any loss, cost, expense penalty fine, interest, fees or other amount directly or indirectly under the GST Law as a result of any failure by the Advertiser to comply with any covenant or provision of this Agreement relating to the payment of GST, or in the actual amount of GST assessed by the Australian Tax Office exceeds the amount paid by the Advertiser to us, the Advertiser will indemnify us and keep us indemnified or reimburse us on demand for the amount of such loss, cost, expenses, penalty, fine, interest, fee additional GST or other amount within fourteen (14) days from the date of issue of a Tax Invoice.

18. For the purpose of this GST clause:

(a) GST Law means the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and any other law which imposes or otherwise deals with the imposition or administration of a goods and services tax in Australia;

(b) GST Rate means the rate of GST under the GST Law;

(c) GST and Tax Invoice have the same meaning as under the GST Law;

19. This clause shall not merge upon the termination of this agreement.

NO ASSIGNMENT

20. Advertisers may not assign or transfer any right or obligations pursuant to this Agreement to any other person or entity without a prior written consent (which shall not be unreasonably held).

CONFIDENTIAL INFORMATION

21. Advertisers may access and Use information stored on the databases Site solely for the purpose of identifying Candidates whose job preferences match the Advertisers' current advertisements with Us. Advertisers must not Use or forward a Candidate's resume without their permission.

PRIVACY ACT

22. Advertisers agree that pursuant to the Privacy Act 1988 (Cth) We may obtain from either a credit reporting agency or other credit providers:

(a) Personal credit information about the advertiser and or is their directors the purpose of assistant advertisers commercial credit application

(b) A consumer credit report about the Advertiser for the purpose for collating overdue payments collating to commercial credit owed by the advertiser.

MISCELLANEOUS PROVISIONS

23. If any part of this Agreement is void or invalid that part shall be severed from the Agreement and the remainder of this Agreement shall continue to be in full force and effect.

24. The rights and obligations of the parties to this agreement shall continue to be of full force and effect and shall note merge upon the termination or ending of the agreement.

25. This Agreement shall be governed in accordance with the laws of the state of New South Wales and Users hereby submit to the non-exclusive jurisdiction of the Courts of that state.

DEFINITIONS

26. In these terms and conditions words have the following meaning unless the context otherwise indicates:

“Advertiser” or “You” means a person, firm, company, entity, association, authority, organisation or agency that advertises on the Site and includes a reference to employers and recruiters;

“Agreement“ means this Advertising Terms of Use.

“Applicable Law” means any law, legislation, regulation, by-law, ordinance or code of conduct of the State or Territory in which the Advertiser conducts business;

“Candidate” means a person who applies to an advertisement on the Site and includes a reference to job seekers and job candidates;

“Claims” means all actions, suits, claims, demands and causes of action whatsoever at law, in equity and under statute which any User may have had against another, arising out of any matter referred to in this agreement or any transaction contemplated therein, other than actions to enforce this agreement;

“We”, “Our” or “Us” refers Care for Kids Internet Services Pty Ltd, ACN 104 145 725 trading as www.childcarejobs.com.au;

“Obligations” means the obligations imposed on or undertaken by Advertisers pursuant to clause 4 of this Agreement.

“RCSA Code of Practice” means the Recruiting and Consulting Services Association code of practice as applicable from time to time;

“Self Employed Person” means a person who works for gain or reward otherwise than under a contract of employment or apprenticeship, whether or not employing others;

“Site” means materials delivered on www.childcarejobs.com.au and other co-branded versions of the site.

“User” means any person accessing the Site for any reason whatsoever and includes a reference to Advertisers and Candidates;

“Users Agreement” means the terms and conditions of Use applicable to all Users.

INTERPRETATION

27. The following rules of interpretation apply unless the context requires otherwise:

(a) The singular includes the plural and conversely;

(b) Any reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of the foregoing;

(c) A gender includes all genders;

(d) A reference to clause is to a clause of this Agreement;

(e) Any reference to a party to this document includes a reference to his, her or its executors, administrators, successors and permitted assigns;

(f) A reference to an Act of Parliament, code or law or section of schedule of that Act, Code or Law will be read as if the words "and any statutory modification or re-enactment of it or substitution for it" were added to the reference and includes all statutory instruments issued from time to time under that Act, Code or Law;

(g) References to any document, agreement or other instrument include references to such document, agreement or instrument as amended, novated, supplemented, varied or replaced from time to time except to the extent prohibited by this Agreement;

(h) A reference to conduct includes, without limitation, an omission, statement or undertaking, whether or not in writing;

(i) Where a word or phrase is given a particular meaning, other parts of speech or grammatical forms of that word or phrase having corresponding meaning;

(j) A reference to monetary currency, dollars or $ shall be a reference to the lawful currency of the Commonwealth of Australia;

(k) Headings and underlining are for convenience of reference only and do not affect the interpretation of this Agreement.