Terms and Conditions

WEBSITE TERMS OF USE

1. Acceptance of Terms

(a) School Hours, and many of the associated services on this site are owned and provided by School Hours Pty Ltd ABN 19 104 285 725 (‘we’, ‘us’), a company duly incorporated in Australia.

(b) By accessing or using www.schoolhours.com.au (“website”), or signing up to our mailing list, you are entering a legally binding agreement with School Hours Pty Ltd as a Guest User on the following terms (“Terms of Use”).

(c) By completing the registration form and clicking “I ACCEPT”, you are also entering these Terms of Use as a Registered User, with additional rights and responsibilities.

(d) These Terms of Use incorporate our privacy policy, and govern your access to and use of the Website and related services.

(e) We may update these Terms of Use from time to time by notice on the Website and by email notification to our Registered Users where we deem it appropriate. Any variation affecting paid services will not affect services already purchased.

2. Defined Terms

(a) Website means the website at www.schoolhours.com.au

(b) Terms of Use means this document, incorporating our Privacy Policy.

(c) Guest User means casual user of the website who has not registered an account.

(d) Registered User means a user who has created an account on the Website. Registered Users may be Job Seekers, Employers or both.

(e) Job Seeker means any Registered User seeking a new position. Job Seekers may complete a Candidate Profile, or place an Application for a listed position through the Website.

(f) Employer means any Registered User seeking candidates for a job opportunity, and includes recruitment agencies or others advertising on behalf of a third party. Employers may purchase and publish Listings on the Website, and may browse Candidate Profiles.

(g) Listing means an advert for an employment or contractual position placed by an Employer, to be published on the Website subject to these Terms of Use.

(h) Candidate Profile means a profile of a Job Seeker published on the Website, including any attached documents (e.g. a resume).

(i) Application means expression of interest in a Listing submitted by a Job Seeker, and provided to the Employer responsible for the Listing.

3. Guests

(a) As a Guest User, you may browse job listings and our blog, however many of the features and functionality of the Website are unavailable unless you register as a Registered User or Employer.

(b) Please note that these Terms of Use incorporate our Privacy Policy, and we may collect, use and disclose certain personal information obtained in the process of your accessing and using this Website, even as a Guest User.

4. General Usage Restrictions

This clause 4 applies to all users of the Website, Guests and Registered Users alike.

(a) You may access and use Job Listings, information and opinions on this Website in good faith for personal use only.

(b) We do not endorse any Registered Users, Listings or Candidate Profiles on the Website, and cannot verify their accuracy or completeness. Please take care before entering into any agreement with others you may meet or interact with through the Website.

(c) You must not copy, reproduce, republish, sell, modify, adapt or distribute any code or content on this Website, however you may:

(i) retain a copy of Listings or blog posts for your personal offline use; or

(ii) retain a copy of Candidate Profiles (including any attached documents) or Applications when assessing that candidate’s suitability for a position at your business, or a business you are authorised to represent, provided however that you must destroy such copies as soon as practical after use, and may not otherwise retain or use these details to solicit for other positions without separate express permission from the candidate.

(d) You may republish excerpts of specific Job Listings provided that you:

(i) Link back to the Listing on the Website;

(ii) Only republish excerpts in good faith in a non-derogatory manner;

(iii) You do not direct, encourage or mislead viewers to contact any entity or follow any process other than that specified in the Listing; and

(iv) You do not frame the link with any other commercial content.

(e) You may only collect information from this Website (including contact details of any Employer or job seeker and information in any Listing or Candidate Profile) for the purposes expressly permitted in these Terms of Use. Contact details published on this website remain subject to spam and privacy laws, and must not be used for unsolicited commercial correspondence.

(f) You must comply with these Terms of Use, and all applicable laws and regulations in your use of this website, and any interaction with other users of the site, including the use of any contact details published on this website.

(g) You may not use any data mining tools, robots, spiders, or other automated tools to access, poll, extract, reproduce, transmit, cache or otherwise use any Listings, Candidate Profiles or other information contained in this Website.

(h) You must not create, use or distribute any device or app that interacts with the Website or any associated services without our prior written permission.

5. Registered Users

This clause 5 applies to all Registered Users.

(a) Registered Users may access and use additional functionality of the website. In addition to the following restrictions, clause 6 applies to any use of the Website as a Job Seeker, and clause 7 applies to use of the Website as an Employer.

(b) We may immediately and without further notice, suspend your access and use of the Website, terminate Your account, and/or delete any Candidate Profile, Application or Listing associated with your account, if:

(i) We in our absolute discretion determine that you have breached these Terms of Use, in which case You must not create any other account without our written permission; or

(ii) Your account has remained inactive for more than 12 months; or

(iii) We have given you 30 days notice for any reason, and suspension or termination does not limit any licence, representations or warranties you have given in these Terms of Use.

(c) Registered Users must not at any time in connection with the Website:

(i) disclose authentication details (password, etc.) to any other person;

(ii) do anything which is unlawful, offensive, abusive, indecent, defamatory or menacing, or in breach of any publicity, privacy or other rights of others;

(iii) upload material in violation of any third party intellectual property rights;

(iv) cause annoyance, inconvenience or needless anxiety to others.

(d) By completing and submitting any Application, Candidate Profile, Listing, or any other content, you warrant and represent that:

(i) All information submitted is accurate, current and not misleading;

(ii) The content is not defamatory, confidential, pornographic, illegal, obscene, and does not infringe any third party privacy or intellectual property rights;

(iii) Any files uploaded are free from viruses and malware; and

(iv) You have full legal right to submit the Application, Candidate Profile or Listing as applicable.

6. Job Seekers

This clause 6 applies to all Registered Users, and is of particular relevance to Job Seekers.

6.1 Candidate Profiles

(a) Job Seekers may complete a Candidate Profile, explaining your employment objectives, skills, experience and interests.

(b) CANDIDATE PROFILES ARE PUBLIC AND SEARCHABLE BY DEFAULT. You may opt-out and keep your profile confidential by clicking the opt-out box when submitting or updating your profile. PLEASE TAKE CARE when completing your Candidate Profile, as any personal or sensitive information you include may be viewed and used outside our control.

(c) By submitting a Candidate Profile, you consent to Employers contacting you at any contact details you disclose within the profile.

6.2 Applications

(a) Job Seekers may apply for a position set out in a Listing by completing and submitting an Application, or contacting the Employer directly through any contact details published in the Listing.

(b) Applications are merely an expression of interest in the advertised opportunity, and do not form a legally binding agreement with School Hours or the Employer.

(c) Any information you provide in an Application, including any personal information, may be disclosed to the Employer responsible for the Listing. We have no control and take no responsibility for an Employer’s usage of information you provide.

(d) We may filter or shortlist Applications and do not guarantee or represent that your specific Application will be received, considered or acted upon by the Employer.

(e) You expressly acknowledge that School Hours Pty Ltd is not a party to any agreement you may enter with an Employer. We recommend you seek appropriate legal and financial advice before entering any agreement with an Employer.

7. Employers and Recruitment Agencies

This clause 7 applies to all Registered Users, and is of particular relevance to Employers.

7.1 Listings and Applications

(a) Employers may purchase and publish Listings on the Website.

(b) By submitting a Listing, you warrant and represent that:

(i) The Listing details a genuine opportunity for a contractual or employment engagement in full compliance with all applicable laws;

(ii) You are authorised to publicise and solicit Applications for the opportunity;

(iii) You will maintain the confidentiality of any Application or other information received in relation to that Listing, and will only use such information for the purpose of considering the candidate for the opportunity listed.

(c) Subject to any product specific terms published on our website at the time you purchase the Listing:

(i) All Listings must be paid for upfront in full;

(ii) You may complete and edit your Listings, and choose a publication date for the Listing from within your user account. Listings that are not published within 6 months of purchase will lapse without refund;

(iii) Subject to our rights in these Terms of Use, we will publish the Listing on the Website for 30 days from publication date (the ‘Listing Period’); and

(iv) You may suspend publication of a Listing at any time and for any duration within the Listing Period, however the Listing Period applies from the date of first publication regardless of any period of suspension.

(d) We reserve the right to withhold, suspend or remove a Listing from publication on the Website if we reasonably believe the Listing is in breach of these Terms of Use.

(e) We do not represent or guarantee that your Listing will be receive any particular number of page impressions, views or Applications for the position listed.

(f) You expressly acknowledge that School Hours Pty Ltd is not a party to any agreement you may enter with a Job Seeker. We recommend you seek appropriate legal and financial advice before entering any agreement with a Job Seeker.

7.2 Candidate Profiles

(a) Employers may search and review Candidate Profiles published on the Website, and my contact Job Seekers only to discuss a genuine opportunity for a contractual or employment engagement in good faith.

8. Payments

This clause 8 applies to all Registered Users who purchase services from the Website.

(a) To purchase Listings or any other paid services on the Website, subject to any product specific terms published on the Website, you must pay the Fees specified when submitting the purchase form.

(b) Listed prices are exclusive of GST unless otherwise specified. We will itemise and you must pay any applicable GST amount with and in addition to the fees.

(c) If any payment is not honoured or is subject to chargeback, you must reimburse us for any transaction, processing, dishonour or other bank fees incurred as a result.

(d) You are liable by way of liquidated damages for all amounts payable under this clause 8, plus all costs of debt collection and enforcement, including legal fees on a solicitor and own client basis.

9. Intellectual Property Rights

This clause 9 applies to all users of the Website, Guests and Registered Users alike.

(a) This Website is protected under Australian and international copyright and other laws governing protection of intellectual property rights. SCHOOL HOURS FAMILY FRIENDLY EMPLOYMENT is a registered trade mark, used under license.

(b) Intellectual property rights in any user provided Listings, Applications, images, trade marks and other content on are owned by their respective owners.

(c) By uploading any content to the Website, including in a Listing, Candidate Profile or Application, you grant us a non-exclusive, royalty-free, world-wide licence to use, copy, reproduce, transmit, adapt, edit, modify, display, distribute and publish the materials on the Website in our ordinary course of business.

(d) You may update or hide your content through your Registered User account page, and may delete your content and close your account at any time, however we reserve the right to retain a copy of any content provided for our backup and archive purposes.

10. Report Abuse / Copyright Claims

(a) We take reports of illegal, infringing, misleading and unethical Listings, Candidate Profiles and other content on the Website very seriously. If you find any content on the Website incorrect, offensive, or believe the content infringes your intellectual property rights, please flag the relevant item, or notify us by email to [email protected].

11. LIMITATION OF LIABILITY AND INDEMNITY

This clause 11 applies to all users of the Website, Guests and Registered Users alike.

(a) We only accept liability to you as set out in this clause, or as required by consumer or other laws that cannot be excluded by contract. All other implied conditions or warranties are excluded. To the fullest extent allowable at law, any condition or warranty which would otherwise be implied in these Terms of Use are excluded. We make no warranty as to fitness for any purpose, performance or compatibility.

(b) To the extent allowable at law, you agree to release and hold harmless us and our directors, employees, contractors and other representatives, from any claim, allegation or demand for any loss, cost (including legal fees), expense, or damage arising in relation to:

(i) any indirect, special or consequential loss;

(ii) your access or inability to access the Website, view or lodge any Listing, Application or Candidate Profile; or

(iii) any loss or corruption of data created by or stored on the Website;

(iv) the suspension or termination of a Registered User’s account for any reason;

(v) our actions taken in accordance with our obligations at law or any order issued by a court of law or relevant government authority; and

(vi) any act, default, omission, or representation made by any person other than us, our agents or employees.

(c) To the extent allowable at law, You agree to release and indemnify, defend and hold harmless Us and Our directors, employees, contractors and other representatives from all liabilities, claims and expenses, including legal fees that arise in relation to:

(i) your breach of these Terms of Use, including the various warranties and representations made;

(ii) the use or misuse of the Website by you or anyone to whom you allow to access your Registered User account; or

(iii) any Listing, Application, Candidate Profile or other content uploaded to the Website by your Registered User account.

(d) We reserve the right to assume, at our own expense, the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you must cooperate with us in asserting any available defences.

12. General

This clause 12 applies to all users of the Website, Guests and Registered Users alike.

12.1 Dispute Resolution

In the event of a dispute or claim, you agree to attempt to negotiate a settlement or resolution of the dispute in a formal mediation (with costs shared equally), prior to commencing any court proceedings. We will appoint an independent mediator for this purpose upon request. You agree not to commence court proceedings unless the dispute remains unresolved following mediation conducted as above.

12.2 Entire Agreement

These Terms of Use, incorporating our Privacy Policy and any product specific terms published at the time you purchase a Listing, comprise the entire agreement between the parties in relation to your use and access to the Website, and supersede all previous negotiations or agreements relating to the Website.

12.3 Legal Fees

In the event that we obtain the legal assistance to enforce these Terms of Use for Your apparent breach of these terms, all legal fees (on a solicitor own client basis) incurred in enforcing these Terms of Use may be recovered from You.

12.4 Jurisdiction

(a) The laws of the State of Queensland, Australia apply to these Terms of Use and the parties submit exclusively to the courts of that jurisdiction.

(b) These Terms of Use establish certain legal rights, but you may have other legal rights under the laws of your state or country. These Terms of Use will only change your rights under the laws of your state or country to the extent permitted by those laws.

12.5 Representatives, Successors and Assigns

We may assign or novate our rights and obligations under these Terms of Use at any time by notice on the Website. Upon such assignment or novation, our rights and obligations are binding on and shall benefit our respective representatives, successors and assigns.

12.6 Severability

If any of these terms are held to be illegal, invalid or unenforceable by a court of law, that part will be excluded, and the remaining terms will remain in full force.

12.7 Waiver

Any delay or failure to exercise or enforce our rights under these Terms of Use will not be construed as a waiver of those rights, nor preclude any future exercise of those rights.

QUESTIONS?

If you have any queries relating to our Terms and ConditionsPrivacy Policy or any other aspect of our business for that matter, please connect with us via our Contact Us page.