Terms of Use


The terms and conditions set out below ("Terms of Use") govern your use of the search4jobs.com.au website ("Site"). By using the Site, you must accept and abide by the Terms of Use. If you do not accept the Terms of Use, you are not permitted to use the Site and you must refrain from using it.

The site is owned and operated by APN Online (Australia) Pty Limited ABN 93 119 243 944 ("APN Online") and its related bodies corporate (together with APN Online, the "APN Group") of Level 4, 100 William Street, Sydney NSW 2011. References to APN Group mean each entity in the APN Group and the APN Group as a whole as the context permits.

If you have any complaints or questions regarding the Site or the Terms of Use then you can contact the Customer Support team on support@search4jobs.com.au

If you are an advertiser on the Site, these Terms of Use apply to you in addition to the APN Advertising Terms and Conditions. If you are an agency advertiser you may also have entered into a services agreement with APN Online (together with a non-agency advertiser on the Site, an "Advertiser"). To obtain a copy of the APN Advertising Terms and Conditions or to enquire about entering into a services agreement click here or email support@search4jobs.com.au. To the extent of any inconsistency, these Terms of Use prevail over the APN Advertising Terms and Conditions in relation to your use of the Site.

APN Online reserves the right to make changes to these Terms of Use which will be effective once they are published on the Site. You should revisit this area of the Site regularly to check the Terms of Use.

Use of the Site by you

You agree to only use the Site for purposes permitted by the Terms of Use. You are responsible for all equipment and software used to access the Site.

You must not:

  • use the Site directly or indirectly for any activity which breaches any laws, infringes a third party's rights, is unlawful, or breaches the Terms of Use;
  • use the Site directly or indirectly to post or transmit any photos, graphics, sound information or material unlawfully, or which is obscene, indecent, uses offensive language, defames, abuses, harasses, stalks, threatens, menaces, offends or restricts any person, or which prevents any other user from using or enjoying the Site or which is false, misleading or deceptive in any way;
  • use the Site directly or indirectly, or use any service provided on the Site, to conduct surveys, contests, pyramid schemes, or send chain letters, junk email or any other duplicative or unsolicited messages (commercial or otherwise);
  • attempt to gain unauthorised access to the Site or use another person's name, registration account or password;
  • create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message;
  • tamper with, hinder the operation of or make unauthorised modifications to the Site;
  • knowingly transmit any virus or other disabling feature to the Site; or
  • collect information about others, including email addresses, without their consent.

Disclaimer

The Site is a platform for advertising only. To the extent permitted by law, APN Online and the APN Group (and their respective information contributors and associated service providers) exclude all warranties, including without limitation, as to the availability, accuracy, completeness, currency or reliability of the information or services, including services of any third party, that are made available via the Site.

APN Online and the APN Group does not investigate or endorse any agency or private users who advertise on the Site or any employment, self-employment, business, consultancy or other contract opportunities offered by them ("Employment Opportunities") or applicants for Employment Opportunities. The availability of information through the Site does not constitute advice about the appropriateness, value or suitability of any Employment Opportunity, any particular transaction or course of action nor does it constitute any recommendation or endorsement by APN Online or the APN Group of any Employment Opportunity or applicant or to you to enter into any contract, transaction or follow any course of action. Any decision that you make about any Employment Opportunities, goods or services offered by Advertisers through the Site must be based solely on your own evaluation of your circumstances and objectives and of the product and of its true value. APN Online recommends that prior to entering into any agreement with any of the Advertisers on the Site, that you obtain your own independent legal, accounting, financial or taxation advice as appropriate. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Site or on the Internet generally. Likewise it is the sole responsibility of Advertisers to evaluate all applicants for Employment Opportunities.

In no event will APN Online or any member of the APN group (or their respective officers, employees, agents or advisers) be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any information, documents, text, graphics, software or other material contained or displayed on or available through the Site ("Content") including any Content which is superseded, incomplete or omitted from the Site (in whole or part).

APN Online gives no guarantee to you of the continued availability of any particular Employment Opportunity advertised on the Site and will not be liable to you should an Advertiser have filled the vacancy at any time prior to removal of the advertisement from the Site.

Whilst APN Online takes efforts to ensure that Employment Opportunities advertised are for actual Employment Opportunity vacancies, it gives no guarantee to you that every Employment Opportunity advertisement represents an actual Employment Opportunity.

The Site and Content available on it are provided on an "as is" basis and may be summaries and APN Online reserves the right to change, add or remove any Content. APN Online makes no warranty that the Site will be free from viruses or any kind of malicious code whatsoever.

To the extent permitted by law, all implied warranties, conditions and representations about or in relation to:

  • the Site;
  • Content;
  • the Employment Opportunities or candidates for Employment Opportunities, goods, services or products made available through or referred to or displayed on the Site;
  • the availability of the Site; and
  • your use of the Site,

are excluded.

Limitation of liability

If a term is implied by law into the Terms of Use and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included in the Terms of Use. However, APN Online's liability for breach of such term will, to the extent permitted by law, be limited, at APN Online's option, to:

  • in relation to goods, at APN Online's option:
    • repair and return of goods to you;
    • refund to you of the cost of replacing the goods or of acquiring equivalent goods or
    • if the good is still available, replacement of the goods with equivalent goods; or
  • in relation to services, at APN Online's option:
    • supply of the services again; or
    • refund to you of the cost of having the services supplied again

To the extent permitted by law , APN and the APN Group (and their respective affiliates, officers, employees, agents, representatives and third party service providers) exclude all liabilities (including in contract, for negligence or otherwise) for any loss (including consequential loss), damage, costs or expenses suffered by you or claims made against you in connection with, however caused:

  • your use of or reliance on the Site and the Content;
  • any lack of availability, interruption, delay in operation, virus, internet access difficulties, or equipment malfunction in relation to the Site;
  • any failure to provide the Site;
  • any Employment Opportunities or candidates for Employment Opportunities, goods or services identified, supplied, offered or advertised on or through the Site; or
  • your purchase of any goods or services offered for sale on the Site or decision to apply for or accept any Employment Opportunity.

Linked Sites

The Site may contain links to external sites. Those sites are not part of the Site and, unless otherwise indicated, are not under APN Online's control. No link appearing in the Site and no external site linked to the Site is endorsed by APN Online and no responsibility is taken for material on them. You agree that by accessing any linked site you are doing so at your own risk and you agree to fully indemnify APN Online against any liability arising out of your accessing any linked site.

Accuracy of Registration Information

When registering on the Site, you must ensure that all information you provide is correct and up-to-date. If you change your details during the period of your membership, you agree to ensure your details are updated.

Username and Password

It is your responsibility to keep your login (email address) and your password safe and secure. If there is any activity undertaken with your login details then you are responsible. If you think that your details may have been used by someone else then you must notify Customer Support as soon as possible. You must also change your password immediately. You agree to indemnify APN Online against any and all claims arising out of your failure to maintain the confidentiality of your username and password.

Website Payments

If any credit card payments are made on the Site, those payments are processed by an independent third party service provider. You consent to disclosure of relevant information about you to that provider on a confidential basis. If you wish to obtain further information about the provider, then contact APN Online in accordance with the Privacy Statement.

To the extent permitted by law, APN Online excludes all liability in relation to those payments and the services provided by that third party.

Placement and Removal of Content on the Site

APN Online is not required to publish any Content under these Terms of Use and reserves the right to decline to publish, or where already published, to remove any Content (as defined below) that APN Online considers APN Online's absolute discretion is inappropriate for the Site for any reason.

As an Advertiser you accept that any advertisements that are placed on the Site from a direct newspaper advertisement will be categorised by APN Online or the relevant APN Group entity. The APN Group will not be held liable for incorrect classifications. If you would like to change a classification you can contact Customer Support on support@search4jobs.com.au

When choosing a package to sell an Employment Opportunity, product or service Advertisers must ensure that the Employment Opportunity, product or service you are listing is being sold in the correct package and must immediately notify APN Online if the Employment Opportunity ceases to become available or if any information provided to APN Online ceases to be correct. The Site will stipulate what Employment Opportunities, products or services can not be sold within a package. If these Employment Opportunities, products or services are found by APN Online to be in an incorrect package they will be removed. Intellectual Property

You acknowledge that copyright, trade marks and all other intellectual property rights ("IP Rights") in the Site and in the Content belongs to APN Online or other APN Group entity (or a licensor of an APN Group entity) and that APN Online will have all IP Rights in any new Content developed by it or its contractors or those of an APN Group entity (whether commissioned by you or otherwise) in connection with your use of the Site. To the extent you provide text, graphics or other material to APN Online that is not new Content you grant APN Online a perpetual, royalty-free, non-exclusive, irrevocable, world-wide licence to use, exploit and sub-licence such Content world-wide.

You are provided access to the Site only for your personal use. Subject to applicable laws:

  • unauthorised use of the Content is strictly prohibited and may infringe APN Online's IP Rights in the Content; and
  • no Content may be reproduced, published or transmitted in any manner without the prior written consent of APN Online.

Without limiting the above, and subject to applicable law, you may not without prior written permission from APN Online:

  • archive the Content or any part of it;
  • form a database whether electronically or otherwise by systematically downloading or storing all or any of the Content;
  • adapt, vary, modify, redistribute or republish the Content (in whole or part); or
  • link to the Site including (without limitation) linking in any way which:
    • frames the Site;
    • replicates the Site; or
    • misleads any person regarding any association with the Site or any association with APN Online or the APN Group (whether implicitly or expressly).

The trade marks used on the Site are APN Online's or the APN Group's trade marks or the trade marks of a third party. Nothing on the Site should be construed as granting any licence to use any trade mark without the permission of the owner.

You must not use any of APN Online's or the APN Group's trade marks:

  • as or as part of your trade marks;
  • in connection with goods or services which are not the goods or services of APN Online or the APN Group;
  • in a manner that may be confusing, misleading or deceptive; or
  • in a manner that disparages APN Online or the APN Group or the Site.

Technical Difficulties

You acknowledge that your use of the Site and associated services may be subject to interruption or delay. Due to the nature of the Internet and mobile phone communications, APN Online and its service providers do not make any warranty that the Site or services will be error free, without interruption or delay or free from defects in design or engineering.

The compatibility of this Site is not guaranteed for all software or hardware of users.

Indemnity

To the maximum extent permitted by law, you specifically agree to indemnify and hold APN Online, the APN Group and their respective affiliates, officers, employees, agents, representatives and third party service providers, harmless from any and all claims and liabilities resulting from your breach of these Terms of Use or relating to your use of the Site or its use by any person on your behalf. For the purposes of this paragraph Site includes any linked sites. APN Online holds the benefit of this Indemnity and all other rights under this Agreement as trustee for each person named as benefiting from it.

Privacy

You acknowledge that you have read and understood the terms of the Privacy Statement that are located on the Site. You agree that APN Online may use and disclose information about you in accordance with the terms of the Privacy Statement (including to Advertisers and between APN entities). You also agree to check the Privacy Statement on a regular basis and to let APN Online know if you object to use or disclosure of information about you in accordance with any updated statement.

If you make contact with a person through the Site and that person requests that you do not contact them again, you must comply with that request. You must not disclose the contact details of any person that you obtain through the Site without the prior consent of that person.

While APN Online takes all due care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the Internet or while stored on APN Online's systems or on the Site. APN Online disclaims all liability to you to the greatest extent possible pursuant to law should this occur.

Advertisers who receive information from or regarding other users of this Site undertake to keep all such information confidential and to comply with all applicable legislation relating to privacy and the handling of personal information.

Severability

The illegality, invalidity or unenforceability of any part of the Terms of Use will not affect the legality, validity or enforceability of the remainder.

Termination

If APN Online reasonably believes that you have not complied with these Terms of Use your membership may be suspended, limited or cancelled immediately.

APN Online reserves the right to disable your membership from the Site for any breaches of the Terms of Use without the need to provide reasons.

Waiver

Failure or neglect by APN Online to enforce any of these Terms of Use shall not be construed or deemed to be a waiver of the rights of APN Online or the APN Group.

Law

These Terms of Use are governed by, and construed in accordance with the law in force in Queensland. The parties submit to the non-exclusive jurisdiction of the court exercising jurisdiction in Queensland, and any court that may hear appeals from any of those courts, for any proceedings in connection with these Terms of Use.