Terms and Conditions

GENERAL TERMS AND CONDITIONS

Privacy Statement

Our Privacy Statement is set out on this Site and shall apply to You and Your use of this Site.

Amendments to terms and conditions

We reserve the right to amend these terms and conditions at any time.  Any amendments shall be effective immediately upon notification on the Site. Your continued use of the Site following such notification will represent an agreement by You to be bound by the terms and conditions as amended.

Payments and Fees

You must Register and become a Member to gain full access to the service.  You acknowledge and agree that: (a) access to, and use of, some parts of the Service shall only be available to Registered Users (including, without limitation, access to full details of Job Advertisements); and (b) We may change from time to time those parts of the Service that are only available to Registered Users.

You must pay a fee at Our Standard Rates for each Advertisement Posted on the Site.  You acknowledge and agree that Posting an Advertisement shall include the following actions: (a) copying an Advertisement; (b) Re-Posting an Advertisement; (c) extending an Advertisement beyond its initial period (or any subsequent extended period) of advertising.

We may terminate or suspend Your access to, and use of, the Service if You are late in payment of any fees under these terms and conditions.

Our preferred method of payment is by credit/debit card though the Site or bank transfer. Payment is made by a secure server, which will encrypt each transaction as a security precaution, and all credit/debit card payments must be made in Australian Dollars only.  We may charge You interest on late payments at the Penalty Rate from (and including) the date of due payment until (but excluding) the date of payment in full (with interest) and We reserve the right to recoup any collection costs incurred in respect of any late payments.

Service

We do not represent or warrant that the Services generally available through Our Site will be uninterrupted or error-free or defect-free or that errors or defects in the Service will be corrected.  We do not represent or warrant to You that any electronic files available through the Site or the Service (including, without limitation, the Equus Materials and the Posted Materials) will be free of Harmful Code.

Security

You acknowledge that despite all reasonable precautions on Our part, there is a risk of unauthorised access to, or alteration of, your transmissions of data or of information contained on Your  computer system or on this Site.  To the maximum extent permitted by law, We  accept no liability for any Loss which You  may suffer or incur as a result of such activity.

Change of Service

We reserve the right to make any changes to the Service as considered by Us necessary or desirable.  We will use all reasonable endeavours to give prior notice of such changes on the Site but You acknowledge that prior notice may not be able to be given in respect of all changes (including, without limitation, any urgent necessary changes to remedy errors or defects on the Site).

Password and login

To become a Registered User, You must provide a password and a login name.  You are entirely responsible to maintain the confidentiality of Your password and login name. Furthermore, You are responsible for any and all activities by You or any other Site User using Your login name.  You may change Your password at any time by following instructions on the Site.  You may also change your login name by contacting Us.

Lawful use

You must use the Site and the Service for lawful purposes only and ensure that Your access to, or use of, the Site and the Service is not illegal or prohibited by law.  It is Your responsibility to obtain legal, financial, accounting and other professional advice in relation to compliance with all Applicable Laws in using the Site and the Service.

You agree at all times to deal with any information or material provided by Us (including, without limitation, the Equus Materials) or accessed through the Site (including, without limitation, any Posted Materials) in a manner which complies with all Applicable Laws of Australia or of any other relevant jurisdiction.

Misuse of information

You must not misuse, in any way, the Service, or any Equus Materials or Posted Materials (including, without limitation, modifying, copying, reproducing, republishing, uploading, posting, transmitting or distributing in any way the whole or any part of any Equus Materials or Posted Materials).  You must not interfere with or disrupt (or attempt to interfere or disrupt) any servers or networks connected to the Site.  To the maximum extent permitted by law, We accept no liability for any Loss suffered or incurred by You arising from or in connection with any Site User's misuse of any Posted Materials Posted by You on the Site.

Communications with Site Users

In any communications with other Site Users, You must not send threatening, offensive or abusive communication or any communication intended to, or likely to, threaten, offend or abuse another Site User.  You must not solicit any business from any other Site User or buy or sell (or attempt to buy or sell) products and/or services through the Site or the Service.

No misrepresentations

It is a condition of Your use of the Service that You must not either through any act (including, without limitation, Posting a Job Advertisement or Wanted Advertisement on the Site) or omission, mislead or deceive others.

Information on the Site

We do not warrant or represent the accuracy, completeness or suitability for Your intended use of any information (including, without limitation, any Equus Materials or Posted Materials) on the Site.  You are responsible for the use of any information obtained from the Site.  You should make Your own enquiries to check if the information on the Site is accurate, complete and suitable for Your intended use.

All information in the Equus Materials is of a general nature only and is not intended to constitute recruitment or other professional advice.  The Site may contain information that includes the views or recommendations of others that are not necessarily Our views.

The Site contains links and pointers to internet sites maintained by third parties.  These links to third party sites are provided for Your convenience.  Such links are not under Our control and We are not responsible for the contents (including the accuracy, completeness or suitability for Your intended use) of any linked site or any link contained in a linked site.  We do not endorse any information on those linked sites or any associated organisation, product or services.

Disclaimer

To the maximum extent permitted by law, We accept no liability for any Loss (including loss of profits or indirect, consequential, incidental, special exemplary or punitive loss or damage), howsoever caused (including through our negligence), suffered or incurred by You arising from or in connection with:  (a) Your access to, or use of, the Service, this Site, any Equus Materials, any Posted Materials or any linked site; (b) any decision or action taken by You in reliance on any Equus Materials or any Posted Materials; (c) any error or defect in the Site or the Service.

The above disclaimer does not attempt or purport to exclude liability under any statute if, and to the extent, such liability cannot be lawfully excluded.

Implied terms

Any condition or warranty (including, without limitation, any implied warranty of merchantability, satisfactory quality or fitness for a particular purpose) which would otherwise be implied in this Agreement is hereby excluded. Where legislation implies in this Agreement any condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of, or exercise of, or liability under, such condition or warranty, the liability of Equus for any breach of such condition or warranty shall be limited, at the option of Equus, to one or more of the following: (a) if the breach relates to goods: the replacement of the goods or the supply of equivalent goods; the repair of such goods; the cost of replacing the goods or of acquiring equivalent goods; or the cost of having the goods repaired; and (b) if the breach relates to services: the supplying of the services again or the cost of having the services supplied again.

Force Majeure

We accept no liability for any delay or failure to perform Our obligations under this Agreement if such a delay or failure is due to circumstances beyond Our reasonable control.

Indemnity

You agree to indemnify, and keep indemnified, Equus, its officers, employees and agents (those indemnified) against all Loss suffered or incurred by those indemnified in connection with: (a) any breach of any obligation or warranty under this Agreement by You; (b) any wilful misconduct by You or (c) any negligent act or omission by You.

Copyright

All copyright in the Equus Materials (including, without limitation, text, graphics, logos, icons, sound recordings and software) is owned by Equus.  Material procured from a third party may be the subject of copyright owned by that third party.  Except as expressly authorised, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) or except as expressly permitted by these terms and conditions, You may not, in any form or by any means: (a) copy, adapt, reproduce, store, distribute, print, display, perform, publish, communicate to the public, make available to public or create derivative works of the whole or any part of the Equus Materials; or (b) commercialise the whole or any part of the Equus Materials, without Our express written permission or, in the case of third party material, from the owner of the copyright in that material.

Trade marks

Trade marks used on the Site are a trade mark or registered trade mark of Equus or its respective owner.  EQUUS CONNECT and the EQUUS CONNECT device are trade marks of Equus.  If You use any trade marks owned by Equus in reference to Us, the Site or the Service, You must include a statement attributing that trade mark to Us. You must not use any of Our trade marks: (a) in or as the whole or part of Your own trade marks; (b) in connection with any business, products or services which are not Ours; (c) in a manner which may be confusing, misleading or deceptive to any person; or (d) in a manner that disparages Us, the Equus Materials, or the Site.

Public statements

You must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to Us without Our prior written permission.

Termination

We may terminate this Agreement and Your access to the Site if You breach any provision of these terms and conditions.  We may, at Our discretion, terminate this Agreement and Your access to all or part of the Site without the need to provide reasons.  Termination of this Agreement will not end those provisions that are capable of surviving the ending of this Agreement (including, without limitation, clauses 1.12, 1.13, 1.14, 1.15, 1.16, 1.17, 1.18, 1.19, 1.21, 2.2, 4.4 and 5).

General provisions

If We waive, in whole or part, any rights available to us under this Agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any provision of this Agreement is held to be invalid, unenforceable or illegal for any reason, it is to be read down to give it as much effect as possible, or if it is not capable of having any effect at all, it is to be severed from this Agreement, in which case, the remainder of this Agreement shall nevertheless continue in full force.

The laws governing this Agreement will be the laws in the State of Victoria, Australia and You irrevocably submit to the non-exclusive jurisdiction of the courts of that State.

JOB ADVERTISERS

In addition to any other applicable terms and conditions, if You are a Job Advertiser, You agree to and are bound by the following terms and conditions in this clause 2.

No endorsement of Job Seekers

We do not review or vet, nor are We responsible for reviewing or vetting, Job Seekers or representations (whether oral or in writing) made by those Job Seekers (including, without limitation, any Posted Materials Posted by Job Seekers).

Posted Materials

You grant irrevocable, perpetual, royalty-free licence to Job Seekers to download Posted Materials Posted by You for personal, non-commercial use only, provided that Job Seekers keep intact all copyright and other proprietary notices.

JOB SEEKERS

In addition to any other applicable terms and conditions, if You are a Job Seeker You agree to and are bound by the following terms and conditions in this clause 3.

Information for personal, non-commercial use only

You agree that information contained on this Site is for personal use only and may not be sold, redistributed or used for any commercial purpose (including, without limitation, the use of Job Advertiser's contact details for unsolicited commercial correspondence).  You may download Equus Materials and Posted Materials from this Site for personal, non-commercial use only, provided You keep intact all copyright and other proprietary notices.

No endorsement of Job Advertisements

We do not endorse nor recommend any of the Job Advertisements on the Site.  It is solely Your responsibility to evaluate each Job Advertisement and all Equus Materials and Posted Materials provided through the Site or the Service generally.

No guarantee of Job Vacancy

We do not represent or warrant to You the continued availability of any particular Job Vacancy advertised in any Job Advertisement.  We accept no liability for any Loss suffered or incurred by You arising from or in connection with any Job Vacancy not being available.

POSTING CONDITIONS

In addition to any of other applicable terms and conditions, if You Post any Posted Materials on the Site, You agree to and are bound by the terms and conditions in this clause 4.

Advertisement content

It is Your responsibility to check any Advertisement placed by You on the Site for any errors as soon as the Advertisement is Posted on the Site.  We accept no liability for any errors in Advertisements Posted on the Site.

You must only advertise one Job Vacancy per Job Advertisement or Your availability for one Job per Wanted Advertisement Posted on the Site.  If You breach this obligation, We may charge You for the number of Job Vacancies or Jobs advertised in that Job Advertisement or Wanted Advertisement (as the case may be) in accordance with our Standard Rates.

You agree not to ask or require any Site User to pay any charge or other amount whatsoever to apply for any Job Advertisement or respond to any Wanted Advertisement Posted by You on the Site, whether such charge or amount is asked or required of the Site User in the Job Advertisement or Wanted Advertisement itself or in any communication with the Site User that takes places as a result of a Job Advertisement or Wanted Advertisement Posted on the Site.

You agree not to use any feature of the Site or any other means to send unsolicited commercial correspondence to Site Users, whether individually or as a group.

You are not permitted to insert links to an external website within the details of a Job Advertisement or a Wanted Advertisement without Our express written approval. Such approval is subject to specific terms and conditions.

We reserve the right to review any Advertisement prior to publication on the Site or any time thereafter and to remove any Advertisement if it: (a) relates to an Excluded Category; (b) does not comply with these terms and conditions; or (c) does not comply (in Our opinion) with any Applicable Laws.

Duration

Each Job Advertisement and Wanted Advertisement will run for 1 month from the date it was Posted.

Expiry

Job Advertisements and Wanted Advertisements must be Posted within 12 months from the date of payment. Any advertisement credit that is not used within 12 months from the date of payment will expire and will not be redeemable.

Job Category

You must ensure that any Job Advertisements or Wanted Advertisements Posted to the Site are Posted to the appropriate Job Category on the Site.  It is solely Your responsibility to ensure that You familiarise Yourself with the advertising requirements of each available Job Category on the Site to ensure appropriate placement of Job Advertisements or Wanted Advertisements.

Complying with equal opportunity laws

Without limiting the generality of any provision of these terms and conditions, in connection with the Posting of any Advertisement on the Site, You must comply with the Human Rights and Equal Opportunity Commission Act 1986 (Cth) and all other Applicable Laws relating to anti-discrimination and equal opportunity in Australia or any other relevant jurisdiction.  Where an exemption to comply with any of these Applicable Laws has been granted, the exemption number must be included in the Advertisement posted by you.

Warranties

You represent, warrant and undertake to Equus that: (a) all Posted Materials Posted by You on the Site do not breach any Applicable Laws; (b) all Posted Materials Posted by You on the Site do not breach any Intellectual Property rights of any third party; and (c) all Posted Materials Posted by You on the Site will be free of Harmful Code.

Equus' obligations

We will use all reasonable endeavours to publish Job Advertisements and Wanted Advertisements promptly and ensure that any disruptions to, or a denial of access to the Site, will be remedied promptly and avoid introducing errors in Job Advertisements and Wanted Advertisements on the Site.

DEFINITIONS

In these terms and conditions, unless the context otherwise requires:

Advertisement means a Job Advertisement or Wanted Advertisement (as the case may be).

Agreement means the Agreement between You and Us comprising these terms and conditions.

Applicable Laws means any and all statutes, regulations, by-laws, ordinances or subordinate legislation in force from time to time which pertains to Your use of, and access to, the Site and the Service and the Posting of any Posted Materials on the Site and includes, without limitation, those relating to equal opportunity, anti-discrimination, immigration, trade practices, fair trading, Intellectual Property, privacy and confidentiality.

Equus Materials means all information and materials made available on the Site but excludes Posted Materials Posted by Job Seekers or Job Advertisers.

Excluded Categories means any individual bookings and race day bookings for jockeys and any role involving business or financial interest (including, without limitation, as a shareholder, unitholder, partner, joint venturer, syndicate member or financier) in a horse or such other categories notified by Us from time to time.

Harmful Code means any computer virus, trojan, worm or other computer code that, directly or indirectly, is harmful or disabling or which assists in or enables unauthorised access to or corruption of data.

Intellectual Property means any registered or unregistered rights in any copyrights, patents, inventions, discoveries, trade marks, designs or confidential information or any rights of a similar nature under the laws of Australia or anywhere else in the world.

Job Advertisement means an advertisement Posted by a Job Advertiser for a Job Vacancy.

Job Advertiser means a person who uses the Services to fill a Job Vacancy.

Job Category means each category of Job in which Advertisements can be Posted on the Site but excludes the Excluded Categories.

Job means a job role (whether under a contract of service or contract for service).

Job Seeker means a person who uses the Service to seek a Job.

Job Vacancy means a vacant position for a Job.

Loss means loss or damage of any kind (including liability to a third party).

Penalty Rate means a rate equivalent to two percent (2%) higher than the rate for the time being fixed under Section 2 of the Penalty Interest Rates Act 1983 (Vic).

Post means to make available information and/or other materials on the Site.

Posted Materials means any information or Materials Posted on the Site by Site Users (including, without limitation, any Job Advertisement or Wanted Advertisement and any information or materials Posted in response to any Job Advertisement or Wanted Advertisement).

Registered User means a Site User registered with the Service.

Re-Post means to Post the same or substantially similar Job Advertisement or Wanted Advertisement, whether by way of Posting an archived or removed Advertisement, renewal of the Advertisement, making amendments (other than to correct bona fide errors) to the Advertisement or Posting the Advertisement in another Job Category.

Service means the services of providing the Equus Materials, advertising Advertisements and other related services provided to You by Us through the Site.

Site means the website operated by Us at www.equusconnect.com.au, www.equusconnect.co.uk, www.equusconnect.co.nz

Site User means any person who has access to, or uses, the Site and includes any Job Seeker or Job Advertiser.

Standard Rates means our rates of fees and charges for the Service as notified on the Site from time to time.

Wanted Advertisement means an advertisement Posted by a Job Seeker seeking a Job.

We, Us, Our means Equus Connect Pty Ltd (ACN 135 457 993).

You, Yourself, Your means any person, business, company or organisation who is a Site User.