ABOUT THE NINCH
1.1 We are The Ninch (operated by ONETOO Pty Ltd, ABN: 25 899 322 170) (The Ninch).
1.2 The Ninch provides job listings via www.theninch.com.au (Service) to you, the employer. The Ninch also provides services to job-hunters on the Service.
2.1 By using the Service (including by viewing or submitting any posts, emails or messages), you agree to be bound by these terms and conditions of use (Terms). Please use the Service only if you have read, understood and agree to the Terms.
USING THE SERVICE
3.1 When using the Service, you promise that you will:
(a) use it for the purpose of posting job opportunities for your genuine business needs only and will not use it in connection with any other business purpose;
(b) only contribute legal, accurate, current, appropriate and original (or properly licensed) content;
(c) not criticise or damage the reputation of The Ninch or any person or entity whose details, image or business features on the Service;
(d) not infringe any intellectual property rights of any entity whose intellectual property (including logos, copy and other content) is made available by The Ninch on the Service;
(e) not engage in any discriminatory conduct (including discrimination on the basis of race, gender, sexual preference, age, physical or mental disability, pregnancy, marriage status, nationality, religion, political views, membership of a union or party; (f) not disclose the personal information of any person without consent or send any electronic communication to any person without their consent;
(g) not behave in an intimidatory, aggressive, hateful or threatening way; and
(h) not mislead, deceive or carry out any illegal or criminal purpose on or via the Service.
3.2 Each advertisement you upload to The Ninch website concerning a job opportunity must relate to a single role or position only. If you have advertised multiple roles in the one job advertisement, The Ninch may (at its sole discretion): (a) charge you for each of the roles advertised as if they were contained in separate advertisements;
(b) remove the advertisement from The Ninch website; or
(c) exercise any of its rights under clause 8.1.
3.3 Please ensure that the information you upload or post is complete and accurate. If your information is inaccurate, incomplete or outdated The Ninch’s ability to provide the Service may be compromised.
3.4 By using the Service, you promise that you will deal with all job-hunters in a fair and lawful manner including but not limited to ensuring your conduct complies with your obligations under the Fair Work Act 2009 (Cth), Competition and Consumer Act 2010 (Cth), Age Discrimination Act 2004 (Cth), Disability Discrimination Act 1992 (Cth), Racial Discrimination Act 1975 (Cth) and Sex Discrimination Act 1984 (Cth).3.5 You acknowledge and agree that your right to use the Service may be revoked if you breach any of these Terms.
4.1 The Ninch makes no representations about the operation or suitability of the Service for any particular purpose; the availability, performance, security, characteristics or operation of the Service; or the truthfulness or reliability of content provided by any third party.
4.2 The Ninch makes no representations or warranties with respect to the availability, suitability, skills, experience, attitude, output, content, or behaviour of any job-hunter using the Service (including whether or not they will comply with any directions, policies, employment or other contractual obligations or any applicable laws). Those issues are issues between the job-hunter and you.
6.1 The text, images, designs, graphics, pictures, video files and their arrangement on the Service (including third party content) (Service Content) are all subject to copyright and other intellectual property protection laws in Australia.
6.2 The Ninch and/or its related entities are the owners or licensees of all Service Content. Apart from any use that is permitted under the Copyright Act 1968 (Cth) all rights are reserved.
6.3 Service Content may not be copied, reproduced, adapted, reposted to other Internet sites; or otherwise transmitted or distributed, without Scout’s consent. Some Service Content is subject to the copyright rights of third party content providers, including job-hunters, other talent-hunters, contributors and advertisers.
6.4 You acknowledge that: all intellectual property rights in the Service Content throughout the world belong to The Ninch or its related entities, The Ninch’s suppliers or Service users; and these Terms do not transfer title to any intellectual property in the Service Content to you.
6.5 You may provide text, images, designs, graphics, pictures, video files on the Service to assist with your talent-hunting activities (Your Content). When you provide Your Content, you grant to The Ninch and its related entities a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use Your Content to conduct the Service. You warrant that you are the owner or licensee of Your Content and that by providing it, you are not infringing any intellectual property rights or other rights of any owner of Your Content.
7.1 You agree that your use of the Service is subject to these Terms and is at your sole risk.
7.2 You agree that you are solely responsible for the implications of any of your acts or omissions in connection with selecting, engaging and working with any person you encounter on the Service and that you are responsible for assessing any information or opinion expressed on or by the Service and that each decision and action you take is taken independently, with an opportunity to obtain independent advice (including legal advice) and having regard to your unique circumstances.
7.3 To the extent permitted by law, you agree that The Ninch will not be responsible or liable for any damages, economic loss or other loss whatsoever arising out of, or in any way related to: any matter in respect of which liability is excluded under clause 4.2 or 4.3; a failure to hire or find any suitable person or persons; the modification, interruption, suspension or discontinuation of the Service; any technical faults which impact on the availability or use of the Service; or your use of the Service or any Service Content.
7.4 Certain legislation (including the Australian Consumer Law) may impose consumer guarantees or obligations upon The Ninch which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These Terms must be read subject to these statutory provisions.
7.5 The Ninch limits its liability to you:
(a) under any applicable consumer guarantees in the Australian Consumer Law in relation to the supply: (1) of services to either, at Scout’s discretion, the supply of the relevant service again or the payment of the cost of having those services supplied again; and (2) of goods to either, at Scout’s discretion: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; and
(b) for breach of agreement, negligence, breach of statutory duty or any other cause of action other than a breach of an applicable consumer guarantee (regardless of how that liability is caused including without limitation the negligence or breach of The Ninch), arising under this agreement or related to The Ninch’s goods or services, in aggregate to the total fees paid by you in the preceding 12 month period.
TERMINATION, SUSPENSION OR TAKING DOWN CONTENT
8.1 The Ninch may, in its sole discretion, temporarily or permanently suspend or terminate the rights granted to you under these Terms or remove or take down Your Content if The Ninch suspects in its sole discretion that you are not complying with the Terms or that you pose a threat to the Service or any of its users or that your conduct is inconsistent with The Ninch's brand values.
8.2 Scout will not be liable for any cost, expense or damages whatsoever for suspension or termination of your use.
9.1 The Ninch may charge you fees for posting job ads according to the current price list available on the The Ninch website.
9.2 The Ninch may change fees from time to time and will give notice of fee changes by posting such changes on the website. Promotional offers and prices are valid only for the offer period.
9.3 The Ninch may suspend or terminate use of the Service if fees are not paid.
9.4 Save as otherwise set out in these Terms or required by law, The Ninch is not required to provide a refund for change of mind or where your use of the Service does not generate the desired responses or results.
CONTACT AND DISPUTES
10.1 The Ninch is responsible for addressing any questions, comments or claims relating to the Service and your use of them. If you have any comments, questions, complaints relating to the Service, or would like to report a violation of any of these Terms, please contact email@example.com.
10.2 The Ninch will not become involved in disputes between you and another job-hunter or a talent-hunter unless the dispute impacts of The Ninch’s legal rights or obligations.
10.3 You agree to use reasonable efforts to resolve any dispute you have with The Ninch before issuing proceedings based on the dispute.
11.1 These Terms are governed by the laws of Victoria, Australia.
11.2 These Terms are the entire agreement of the parties in relation to the use of the Service and supersede all other representations, understandings or agreements.