Flexible Jobs Advertiser Terms and Conditions

Parties

The website, located at www.flexiblejobs.com.au (Website) is owned and operated by TULU ENTERPRISES PTY LTD ACN 617 404 752 AS TRUSTEE FOR TULU ENTERPRISES trading as FLEXIBLE JOBS (Flexible Jobs, we or us).

Background

1. These terms and conditions apply to anyone ( Advertiser or you) placing job advertisements ( Job Advertisement) on the Website.

2. Placing a Job Advertisement constitutes deemed acceptance of these terms.

3. These terms and conditions also incorporate and include the following:

(a) Flexible Jobs Website Terms of Use available at www.flexiblejobs.com.au/terms-conditions;

(b) Flexible Jobs Privacy Policy available at www.flexiblejobs.com.au/privacy; and

Job Advertisements

4. Advertisers may purchase the right to place Job Advertisements:

(a) on a single listing basis ( Single Listing); or

(b) as part of a package of credits which may offer discounts on larger volume purchases ( Job Package).

Job Packages

5. Job Packages (including any additional credits issued by us) shall be subject to the following conditions:

(a) credits may be redeemed for certain services offered by Flexible Jobs on the Website;

(b) credits must be used within 6 months from the date of issue or else they will expire; and

(c) to the maximum extent permitted by law, no refunds will be provided for credits that have been issued regardless of whether an Advertiser has failed to redeem them in full before their expiry date.

Posting Job Advertisements

6. The Advertiser must ensure each of its Job Advertisements complies with these terms.

7. The Advertiser must have registered with www.flexiblejobs.com.au and have a valid account before posting a Job Advertisement.

8. Each Job Advertisement must:

(a) relate to one unique job opportunity only;

(b) represent a genuine employment opportunity that is current at the time of posting we reserve the right to request information from you to verify the genuineness of each Job Advertisement;

(d) be posted in the correct job category;

(e) specify the location of the role;

(f) specify the employment type (part-time, full time); and

(g) comply with all applicable laws, regulations and industry codes.

9. You must not use the Website to post a Job Advertisement which:

(a) relates to a pyramid scheme, as determined by Flexible Jobs in its absolute discretion;

(b) requires payment from a job candidate or prospective job candidate in order to apply for a job;

(c) contains material that could reasonably be considered to be defamatory, discriminatory, harmful, threatening, offensive, obscene, illegal, misleading or deceptive or otherwise bring Flexible Jobs or the reputation of its officers or employees into disrepute;

(d) contains content that infringes the intellectual property rights or moral rights of any person; or

(e) contains content (including by way of third party links) that contains a virus, worm or other contaminant that may be used to access, modify, delete or damage any data file or other computer program.

10. The Advertiser acknowledges and agrees that Flexible Jobs reserves the right to:

(a) move a Job Advertisement from one category to another category in its absolute discretion; and

(b) reject, remove or amend a Job Advertisement if it does not comply with these terms, if it is otherwise required to do so by law or for any other reason determined by Flexible Jobs, acting reasonably.

11. Each Job Advertisement will expire and be removed after 30 days from the date of publication (unless removed earlier or extended by the Advertiser).

12. Flexible Jobs will endeavour to publish the relevant Job Advertisement on the Website as soon as reasonably practicable following submission by you.

Payment

13. The Advertiser must pay a fee ( Fee) for the right to post a Job Advertisement as set out in the fee schedule on the Website available at the Flexible Jobs Support Centre/fees.

14. If a Job Advertisement relates to more than one role, the Advertiser shall be responsible to pay a Fee for each of roles specified in the Job Advertisement.

15. Advertisers may purchase upgrades for an additional Fee, as specified in the fee schedule on the Website ( Upgrades) available at the Flexible Jobs Support Centre/upgrades.

16. For the purpose of these terms, the following instances constitute a new Job Advertisement for which additional Fees are required

(a) reactivation of a deleted or expired Job Advertisement;

(b) reposting a deleted or expired Job Advertisement;

(d) materially changing the content of an existing Job Advertisement other than correcting typographical errors or changing the job category.

17. The Advertiser must pay the Fees:

(a) by credit card at the time of purchasing any Flexible Jobs services (including a Single Listing, Job Package, Boost or add on services). Credit card payments may incur a transaction fee that will be added to your Fees; or

(b) by requesting an invoice from us. If an invoice is rendered then such invoice shall be payable within 7 days of the date of the invoice unless otherwise agreed between the Advertiser and Flexible Jobs in writing.

Referral Codes

18. If a new Advertiser receives a unique code from a person who has referred them to the Website ( Referral Code ), they are encouraged to use this Referral Code in order to receive a discount on orders placed for a Job Advertisement through the Website.

19. The Referral Code must be entered at the time of registering and creating an account on the Website.

20. The Advertiser acknowledges and agrees that:

(a) they are only permitted to use one (1) Referral Code on the Website; and

(b) if they already have an existing account with Flexible Jobs, they are not eligible to use the Referral Code.

21. The discount applicable to the Referral Code entered will be displayed at the time the Advertiser registers and creates an account on the Website.

22. Referral Codes will only be valid for a period of time and will expire on dates as advised by Flexible Jobs to the Advertiser.

Coupon Codes

23. From time to time, Flexible Jobs may issue unique codes ( Coupon Codes) which entitle Advertisers to receive a discount, for a limited period, on purchases made through the Website.

24. The period which the Coupon Code will remain valid will be displayed on promotional material accompanying the Coupon Code ( Promotion Period). If the Coupon Code is used outside the Promotion Period, it will be invalid and the Advertiser will not be entitled to a discount.

25. The Advertiser may enter the Coupon Code at the point of checkout and provided the Coupon Code is within the Promotion Period, a discount will be displayed and applied to the order total.

26. The amount of the discount will vary depending on the type of promotion and/or offer provided by Flexible Jobs. Flexible Jobs will provide this information at the time the Coupon Code is issued.

27. Only one (1) Coupon Code can be entered per order placed on the Website.

Intellectual Property Rights

28. The Advertiser grants Flexible Jobs a non-exclusive, royalty free licence to use its name, trade marks (registered or unregistered), copyright in any material, to the extent necessary to comply with its obligations under these terms, including the posting of Job Advertisements on the Website.

Disclaimer

29. We accept no responsibility for the content of a Job Advertisement and the Advertiser acknowledges and agrees that it is their own responsibility to review the content of their Job Advertisements for errors prior to publication acknowledging that any changes may incur an additional Fee, as provided by these terms.

30. The Advertiser acknowledges and agrees that Flexible Jobs does not vet or review job candidates or otherwise make any representations in relation to job candidates and the assessment and recruitment of job candidates is the sole responsibility of the Advertiser.

Variation to Website

31. We reserve the right to change the content on the Website from time to time without notice and in our absolute discretion.

32. No compensation will be payable as a result of any change to the Website , including (without limitation) changes to content, functionality, appearance and the addition or removal of services.

Indemnity

You indemnify Flexible Jobs, its officers, employees, contractors and agents from and against any loss, liability, cost. expense, damage, claim (whether actual, contingent, ascertained or unascertained) incurred by Flexible Jobs in connection with your:

(a) breach of these terms; or

(b) wrongful, unlawful or negligent acts or omissions.

Candidate Information

33. You must only use information obtained from candidates through the Website (including personal information as that term is defined in the Privacy Act 1988 (Cth)) ( Candidate Information ) for the purposes of contacting those candidates in relation to the Job Advertisement or other genuine employment activities.

34. You must not use Candidate Information to send unsolicited messages or to otherwise promote, offer, market or sell any goods or services unrelated to the Job Advertisement.

35. You must not disclose Candidate Information to any third party (including your affiliates or related parties) without our prior written consent.

Breach of these Terms

36. In addition to our other rights available at law, in the event you breach these terms, we may do one or more of the following:

(a) immediately suspend or terminate your account;

(b) report any potential contraventions of the law to relevant authorities;

(d) take other legal action, including commencing action to recover damages.

Applications Hub

37. Upon registering an account with us we will grant you access to our Applications Hub which will allow you to post and manage your Job Advertisements.

38. Your access to the Applications Hub will be via a login and password. It is your responsibility to ensure your login and password is kept secure and confidential at all times.

39. You are responsible for the access to the Applications Hub. Any act or omission generated by a user from your account that breaches these terms will be deemed to be a breach of these terms by you.

Other Terms

40. To the extent that these terms are unenforceable or do not comply with the law, that term is to be read down, or excluded to the extent required to comply with the law.

41. You may not assign or transfer any of your rights under these terms to any person without our prior written consent.

42. These terms are governed by the laws applying to the State of Victoria and the Commonwealth of Australia.

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