Advertising Terms of Use
NDS/carecareers (ABN 52 008 445 48)
Use of this website is governed by the following Terms and Conditions, the Privacy Policy and all notices and disclaimers appearing on such websites from time to time (“Terms”):
By using our site you agree to be bound by the Terms.
ADVERTISING TERMS OF USE
These Advertising Terms of Use (Advertising Terms) relate to all Advertisements published on the Website. These Advertising Terms must be read in conjunction with the Terms of Access and Use, the Privacy Policy and all notices and disclaimers published on the Website.
By placing an Advertisement on the Website , the Advertiser agrees to be bound by these Advertising Terms.
1. Definitions
In these Advertising Terms:
(a) Advertisement means any text, images submitted for publication on the Website by the Advertiser.
(b) Advertiser means any person who has:
(i) placed an Advertisement on the Website; and
(ii) been advised that applications submitted in respect of the position advertised in the Advertisement will be stored on the advertiser’s desk.
(c) Advertiser Account means an account that is created by the Advertiser on the Website for the purposes of placing an Advertisement.
(d) GST means goods and services tax under A New Tax System (Goods and Services Tax) Act 1999 (GST Act).
(e) Casual Account means an Advertiser Account that requires payment before the Advertisement is published on the Website.
(f) Commercial Credit Account means an Advertiser Account that is linked to a credit account and does not require payment before the Advertisement is published on the Website.
(g) NDS means National Disability Services Limited ACN 008 445 485
(h) Personal Information has the same meaning given to that term in the Privacy Act 1988 (Cth).
(i) Privacy Policy means the privacy policy published by NDS on the Website from time to time.
(j) Terms of Access and Use means the terms that govern all users of the Website which can be accessed HERE.
(k) Website means the Disability Safe website, the carecareers website and any other website that is part of the NDS website including, without limitation, any website that is owned or operated by or on behalf of NDS and any website available through the nds.org.au domain name and any sub-domains related to the nds.org.au domain name.
2. Advertiser Accounts
(a) Before an Advertisement can be placed on the Website, an Advertiser must register on the Website and create an Advertiser Account. The Advertiser acknowledges and agrees that:
(i) The Advertiser Account can be a:
(A) Casual Account; or
(B) Commercial Credit Account
(ii) Commercial Credit Accounts need to be approved by NDS before placing Advertisements.
(iii) Advertisements posted by the Advertiser on the Website are current for a period of 30 days.
3. Payments
(a) The Advertiser must pre-pay for Advertisements relating to a Casual Account.
(b) All amounts owing to NDS by the Advertiser in relation to a Commercial Credit Account must be paid within 7 days of the date of invoice.
(c) Current advertising rates and other fees and charges can be accessed HERE. All rates are in Australian dollars and are exclusive of, and subject to GST.
(d) The Advertiser must pay GST at the time it pays for the Advertisement. NDS will provide a tax invoice or adjustment note (as applicable).
(e) NDS has the right to charge interest on any overdue invoice at the rate of 1.5% per calendar month, calculated daily on each day such invoice remains overdue, plus any costs NDS incurs as a result of collecting the Advertiser’s payment. NDS may also without notice disable the Advertiser’s account, or remove the Advertiser’s listings, and refuse to supply any further services until such time as the overdue invoice and all applicable interest is paid.
4. Refund Policy
(a) The Advertiser is obliged to pay for the services that NDS agrees to provide the Advertiser in relation to the Advertisement regardless of whether the Advertiser utilises or fully utilises those services. If the Advertiser does not provide NDS with the necessary materials or information for NDS to deliver services to the Advertiser pursuant to these Advertising Terms, the Advertiser will still liable to NDS for full payment.
(b) No refunds will be provided for any unused Advertisements purchased as part of a block or job pack and not used before the expiry date.
(c) The standard duration for a job Advertisement to be published on the Website is 30 days. This duration will only be shortened on request under exceptional circumstances and at NDS’s sole discretion. No refunds will be provided for any unused days in these circumstances.
(d) In posting an Advertisement to the Website, the Advertiser is agreeing to these Advertising Terms and accepts responsibility for the Advertisement and payment. Once published, no refund can be offered to an Advertiser who wishes for whatever reason to change or remove the Advertisement.
(e) The Advertiser must ensure that its Advertiser Account is available only to those of its personnel authorised to use it. The Advertiser acknowledges that it will be liable for all Advertisement’s placed under the Advertiser’s account number.
5. Submission of Advertisements
(a) All Advertisers must comply with the Competition and Consumer Act 2010 (Cth) and the Australian Competition and Consumer Commission (ACCC) guide ‘Misleading job and business opportunity adverts: how to handle them’. This publication can be accessed HERE
(b) The Advertiser is responsible for proof reading and checking Advertisements. The Advertiser acknowledges and agrees that the Website may reject, remove or suspend Advertisements at any time should it so wish.
(c) The Advertiser warrants that the Advertisement:
(i) is a genuine position as described in the Advertisement and that this is the sole purpose of the Advertisement;
(ii) is not misleading or deceptive to potential candidates or other persons. In particular, the Advertiser warrants that the Advertisement and the Advertiser’s conduct in connection with the Advertisement is not liable to mislead persons seeking employment as to the availability, nature, terms or conditions of, or any other matter relating to, the employment;
(iii) does not contravene applicable anti-discrimination laws: including, without limitation,
(A) the Age Discrimination Act 2004 (Cth)
(B) the Disability Discrimination Act 1992 (Cth)
(C) the Racial Discrimination Act 1975 (Cth)
(D) the Sex Discrimination Act 1984 (Cth)
(E) the Discrimination Act 1991 (ACT)
(F) the Anti-Discrimination Act 1977 (NSW)
(G) the Anti-Discrimination Act 1996 (NT)
(H) the Equal Opportunity Act 1984 (SA)
(I) the Anti-Discrimination Act 1998 (TAS)
(J) the Equal Opportunity Act 1995 (VIC)
(K) the Equal Opportunity Act 1984 (WA) (“Anti-Discrimination Laws”); and
(iv) does not contain any material that could reasonably be considered to be defamatory or offensive;
(d) The Advertiser warrants that it will not use any information obtained from any candidates for the purpose other than the assessment of the persons’ suitability for the role being advertised.
(e) The Advertiser must comply with the Spam Act 2003 (Cth) and the Privacy Act 1988 (Cth) and applicable regulations under such legislation .
(f) The Advertiser indemnifies NDS and its officers, employees, contractors and agents from any claim, loss or liability arising (whether directly or indirectly) in connection with the Advertisement or from breach of any warranty given by the Advertiser under these Advertising Terms or the Terms of Access and Use.
(g) The Advertiser must take all reasonable care in guarding against unauthorised use of its user name and password. NDS is not responsible for any unauthorised access to Advertiser accounts through failure of the Advertiser to take such reasonable care.
(h) The Advertiser warrants that in accessing or visiting the job boards or any user account, the Advertiser will not:
(i) introduce any virus or other malicious harmful or destructive code. or
(ii) link any website to the Website prior to receiving written permission.
6. Liability
(a) The Advertiser acknowledges and agrees that the Website is an online service to facilitate the placement of candidates in available positions and does not provide any advice, representation, endorsement, recommendation or opinion in connection with advertised positions.
(b) NDS is not liable for:
(i) any interruption to or inability to access any job board;
(ii) any inability to log-on or access the Advertiser Account;
(iii) any delay or failure in an Advertisement being posted, archived, restored from archive, or taken down or any change to the details or content of such Advertisement being made; or
(iv) any matter, circumstance or thing beyond the control of NDS.
7. Publication of Advertising
(a) Subject to these Advertising Terms, NDS will use its reasonable endeavours to publish Advertisements in the format and in the position agreed with the Advertiser.
(b) The Advertiser grants NDS a worldwide, royalty-free, non-exclusive, irrevocable license to publish, and to sub-licence the publication of, the Advertisement in any form or medium, including print, online or other third party website deemed reasonable by NDS for the express purpose of generating user views and job applications. The Advertiser warrants that it is authorised to grant NDS the licence in this clause 7(b).
(c) The Advertiser must not allow or permit other parties on the Advertiser’s behalf to copy Advertisements, or to undertake website scraping or other similar activities unless the Advertiser has obtained the prior, express permission of NDS.
(d) The Advertiser acknowledges and agrees that the Advertisement does not imply an endorsement or recommendation by NDS of the Advertiser or their products or services.
8. Right to refuse Advertisement
(a) Neither these Advertising Terms nor any written or verbal quotation by NDS represents an agreement to publish the Advertisement. An agreement will only be formed between NDS and the Advertiser when NDS accepts the Advertisement in writing or generates a tax invoice for that Advertisement.
(b) NDS reserves the right to refuse or withdraw from publication any Advertisement at any time without giving reasons (even if the Advertisement has previously been published by NDS).
9. Privacy
(a) NDS may disclose personal information of the Advertiser collected in connection with the Advertisement to its related bodies corporate, to credit reporting agencies and other third parties as part of provision of the Advertising and for overdue accounts, to debt collection agencies to recover amounts owing.
(b) NDS may provide some published Advertisements to third party service providers. Where such Advertisements contains personal information, the Advertiser consents to the disclosure of their personal information in the advertising to third parties and to the personal information being republished by a third party.
10. General
(a) These Advertising Terms are governed by the laws of the State of New South Wales.
(b) NDS may vary these Advertising Terms at any time. If NDS varies these Advertising Terms, it will provide notice by publishing the varied Advertising Terms on the Website.
(c) The Advertiser accepts that by doing this, NDS has provided the Advertiser with sufficient notice of the variation the Advertising Terms.
This site may amend, revise or replace the Terms from time to time.
These Terms are governed by the laws of the State of New South Wales. This site may amend, revise or replace the Terms from time to time.
