Terms of Use

1. Terms of use

a) Use of the visasponsor.jobs website, and all content, functionality, features, interactive forums and noticeboards, and other applications available from time to time through the website (“services”) is subject to your acceptance of these terms, which set out the basis upon which Teachers On Net Australia Pty Ltd (ACN 098 005 988) (“the Company”, “we”, “us”) permits access to the visasponsor.jobs website and use of the services.

b) By visiting and/or using the website and/or the services, you agree to be bound by these terms, whether you are a “visitor” (a person browsing the website or using the services or setting up job alerts) or a user of our services. The terms “user” and “you” refers to any person using the website or services.

c) For the purposes of these terms of use, “the visasponsor.jobs website” or “the website” means any material in any form accessible via the URLs “http://visasponsor.jobs” and “https://visasponsor.jobs” (and including any subsidiary URLs or sub-domains), and to the contents thereof as retrieved by any other access method, or reproduced in any other place.

d) By accessing and using the website and the services, you are representing to us that you have read, understood and agree with these terms of use in full, and undertake to comply with them. If you do not accept or agree with any part of these terms you must immediately cease and discontinue all use of the website and services, including the deletion or destruction of any copies of any of the material contained on the website that you have made, to the extent this is permitted by these terms of use.

2. Updates to terms of use

a) We can in our sole discretion, modify or revise these terms of use from time to time, and you agree to be bound by such modifications or revisions. Although we will use reasonable efforts to attempt to notify you when these terms of use are amended, you agree that we are under no obligation to do so.

b) You should periodically review the terms of use, to ensure that you are updated as to any amendments, and acknowledge that your continued access of the website and/or use of the services after these terms of use have been amended signifies your unqualified acceptance of the amended terms of use.

3. Additional Terms and Conditions

a) In order to participate in certain services, users may be notified that they are required to download software or content and/or agree to additional terms and conditions. You acknowledge and agree that any additional terms and conditions which are applicable to the services in which you choose to participate are incorporated into, and form part of, these terms of use.

4. Eligibility

a) By using the website or the services, you warrant and represent to the Company that:

i. any information you submit through the website is truthful and accurate;

ii. and your use of the website or the services does not violate any applicable laws or regulations, and you will comply with all applicable laws and regulations.

5. Consumer Rights For users in the European Union or United Kingdom:

a) You have rights under the General Data Protection Regulation (GDPR) including rights to access, correct, delete, and port your personal data. To exercise these rights, contact us using the details in our Privacy Policy.

6. For users in certain US states (including California, Virginia, Colorado, Connecticut, Utah):

a) You may have rights under applicable state privacy laws including rights to know what personal information is collected, delete personal information, and opt-out of sales (we do not sell personal information). Contact us to exercise these rights.

7. Term

a) These terms of use, as modified from time to time, will remain in full force and effect for so long as you are a user.

b) You can stop using our services at any time.

c) We may terminate your access to the website or services at any time, in our sole discretion, for any reason (including no reason), and without prior notice or explanation, and without any form of liability whatsoever.

d) You acknowledge that these terms of use will continue in full force and effect after you cease using our services.

8. Intellectual property

a) You retain ownership of all rights (including intellectual property rights) in any information, messages, or other content (“user content”) which you submit through the website and/or the services.

b) By submitting any user content on or through the website and/or the services, you grant to us a non-exclusive, revocable licence to use the user content solely for the purpose of providing our services to you (such as forwarding job applications to employers or responding to your inquiries).

c) The licence granted to us will terminate when you stop using our services or request deletion of your information.

d) You represent and warrant that: you own all the rights in and to the user content you submit; the submission of the user content on or through the website and/or the services does not infringe the rights, including without limitation, the intellectual property rights, of any person or other third party; and the user content contains nothing which is defamatory, obscene, false, misleading or deceptive and does not breach any statute or other law or regulation, including but not limited to applicable privacy or intellectual property legislation.

e) You undertake to pay all royalties, fees or any other amounts owing to any person or other third party in respect of any user content submitted by you on or through the website and/or services.

f) For the avoidance of doubt, you acknowledge and agree that you are not entitled to upload, embed, post, email, transmit, submit or otherwise make available any material through the website or the services that infringes any intellectual property rights (including, without limitation, copyright and registered or unregistered trade mark rights) or is defamatory of any party. we expressly reserve the right to immediately remove such material from the website or the services and terminate any user account of any infringing user, if applicable.

g) We retain ownership of all rights, including without limitation intellectual property rights, in the website, services and any text, files, images, photos, videos, sounds, musical works, literary works, artistic works, software, source code, applications or any other material displayed on, or otherwise incorporated into, the website and/or the services by us (“our content”).

h) We grant you a revocable, non-transferable license to reproduce, display and use our content, solely for your personal use and solely for the purposes of viewing the website and utilising the functionality of the services.

i) We respect the intellectual property rights of others. If you believe that your material has been copied or submitted to the website or the services in a manner that infringes your intellectual property rights (subject to the licence granted by you to other users, as detailed in clause 8(b)) above, please notify us in writing, ensuring that your notice states the relevant details, including:

i. identification of the original, and allegedly infringing material;

ii. your contact information;

iii. a statement that you are reporting the alleged infringement in good faith; and

iv. a statement that you are the owner of the relevant intellectual property rights, or authorised by such owner to act on his/her behalf.

9. Use

a) You are granted permission to use the visasponsor.jobs website and services for non-commercial and personal purposes only. Use of the website or the services for commercial purposes, without our prior written authorisation, is specifically prohibited. For the avoidance of doubt, if you are a job advertiser, use of the services to advertise positions you are genuinely recruiting for will not be regarded as a prohibited commercial use.

b) You are not permitted to reproduce, alter, summarise, compile or otherwise copy or manipulate the material on this website for any commercial purpose whatsoever. Use of any material on the website for the purpose of creating a “meta” search of job advertisements or information about prospective employers or any other aspect of the subject matter of the visasponsor.jobs website (that is, by combining the information contained herein with other sources of information or by otherwise manipulating that information) is strictly prohibited.

c) We reserve the right to remove any material or content uploaded by users to the website or through any of the services which it deems to be commercial, in our sole discretion, including but not limited to unauthorised commercial advertisements or affiliate links. Such commercial content may be removed from the website by the organisation without notice and may result in the termination of registered user accounts, if applicable.

d) Users must not alter or modify any part of the website or any of the services, except as expressly authorised by these terms of use.

e) Unauthorised use of the website or the services, including but not limited to collecting details of users, such as email addresses, by electronic or any other means whatsoever for the purpose of sending unsolicited email, and any other form of unauthorised solicitation, is prohibited.

f) We expressly reserve the right to take any action deemed necessary, including appropriate legal action, in respect of any prohibited user activities or other illegal or unauthorised use of the website or the services by users.

10. Submitted Content

a) We reserve the right to reject, refuse to post/upload, or delete any user content in our sole discretion, for any reason, including user content that we determine is contrary to these terms of use or which we consider is offensive, illegal, infringes the rights of another party or harms or threatens the safety of another party.

b) You understand and acknowledge that we are under no obligation to monitor the use of the website or the services for prohibited user content, inappropriate user content, prohibited user activities or other inappropriate conduct by users, and assume no responsibility for (including no responsibility for modifying or removing) any user content submitted by, or conduct undertaken, by users.

c) You are solely responsible for:

i. all user content which you submit on or through the website or services;

ii. any information that you transmit through our services, and for your interactions with job advertisers or other parties generally; and

iii. ensuring that all user content that you submit on or through the website or services, and any information that you transmit through our services, complies with all applicable data protection and privacy laws.

11. Prohibited user content and activities

a) We reserve the right to investigate, and take any appropriate action (including removal of user content, termination of any user account, or legal action, if necessary) against any user whom we determine, in our sole discretion, has submitted user content which is illegal or prohibited (“prohibited user content”) or accesses or uses the website or services for purposes which are illegal or prohibited (“prohibited user activities”).

b) Prohibited user content includes, but is not limited to, user content that we in our sole discretion determine:

i. is offensive or promotes racism, bigotry, physical harm, harassment or discrimination of any kind against any person or group of people;

ii. is exploitative of people in a sexual or violent manner;

iii. contains nudity, excessive violence, or otherwise offensive subject matter;

iv. is pornographic in nature;

v. is liable to pose or create a privacy or security risk to any person;

vi. contains material which is obscene, threatening, false, misleading or defamatory or promotes illegal activities or conduct;

vii. constitutes or promotes an infringement of the intellectual property rights of another party or any other rights of another party, or is likely to;

viii. contains audiovisual material of another person which has been submitted without that person’s consent, including content that contains image(s) or video of persons under the age of 18, where parental/guardian consent has not been provided to the use of that content;

ix. contains the work of another person which has been submitted without that person’s consent; or

x. is commercial in nature, where such user content has not been subject to prior written approval by us.

c) Prohibited user activities include, but are not limited to, activities conducted by users in connection with their use of, or otherwise in respect of, the website or the services that we in our sole discretion determines:

i. are criminal or otherwise illegal in nature, including but not limited to fraud, harassment, spamming and infringement of intellectual property rights;

ii. are commercial in nature, where such activities are not permitted by these terms of use and have otherwise not been subject to prior written approval by us, including but not limited to advertising and soliciting activities;

iii. are purporting to provide professional advice to other users or third parties generally;

iv. constitute bullying or harassment of other users;

v. involve the use of viruses, bots, worms or any other material intended to interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorised use of, or access to, a computer or computer network;

vi. are automated uses of the website or the services;

vii. involve impersonation of another user or other person or entity;

viii. result in the sale or transfer of any user account; or

ix. are using the website or the services in a manner that is contrary to these terms of use or inconsistent with any applicable laws and regulations.

d) We expressly reserve the right to take any action deemed necessary in respect of any prohibited user content or prohibited user activities or other illegal or unauthorised use of the website or services by any person, including removing prohibited user content without notice, referring matters to appropriate authorities for further investigation (such as police), and commencing appropriate legal action.

12. No liability for other users

a) Please carefully choose the information and content that you provide to users and post on or through the website or the services. Despite the prohibition of the use, inclusion or uploading of prohibited user content detailed in clause 11, content, information, materials, products or services provided by other users may wholly or partially be unauthorised, impermissible or otherwise contrary to these terms of use, and we assume no responsibility or liability for such material.

b) If you become aware of any misuse of the website or the services by any person, you must inform us immediately.

c) You are solely responsible for your interactions with other users, and we have no control over how any information or user content you may disseminate via the website or the services may be used by recipients, including job advertisers if you are a job seeker. You acknowledge that we are under no obligation to become involved in any dispute between you and any other users.

13. Third party content

a) The website, services and/or user content may contain links to third party content or websites that are not owned or controlled by us.

b) We assume no responsibility for the content or use of any third party website, and inclusion of any third party website or details of such on the website or the services (whether through user content or otherwise) does not imply approval or endorsement by us of the third party website.

c) If details of a third party website are made available to you through the website or the services either by us or other users, you expressly relieve us from any and all liability arising from your use of such third party website. Visits to, and use of, third party websites are at your own risk. Accordingly, we recommend that you read the terms and conditions and privacy policy of any third party website you visit.

14. Termination of access

a) We reserve the right, in our sole discretion, to reject, refuse to post, or remove any posting made by, or content uploaded, by users, or to deny, restrict, suspend, or terminate the access of users to all or any part of the website or the services at any time, for any reason (including no reason), and without prior notice or explanation, and without any form of liability whatsoever.

b) In addition, we expressly reserve the right to remove user profile and/or refuse, restrict, suspend or terminate user access to part or all of the website or the services if we, in our sole discretion, determine that a user has breached any applicable laws or regulations or these terms of use, or poses a threat to us, our clients, affiliates or related entities, other users, or other persons generally.

c) If you require any clarification of these terms of use you must contact us before continuing to use the website or the services.

15. Privacy

a) Our privacy policy located at https://visasponsor.jobs/privacy, as amended and replaced from time to time, is incorporated into, and forms part of these terms of use.

b) We will comply with our privacy policy in respect of all personal information (as defined in the Privacy Act 1988 (Cth)) which may be made available to it as a result of a user’s use of the website or services.

c) You acknowledge and agree that we are not responsible for the privacy practices or policies of websites or other services operated by third parties that are linked to, integrated with, or available from (whether as a result of user content or otherwise), the website or the services.

d) You acknowledge that we may collect non-personal information about you, including but not limited to your IP address and browser type, which will be used for any purpose which we may in our sole discretion from time to time determine, including but not limited to security purposes, and to monitor usage of, and to manage and improve, the website and the services.

e) You acknowledge and agree that we can in our sole discretion use cookies in connection with the website and the services, for purposes including but not limited to storing user preferences, authenticating sessions and to customise material (including third party advertising material) that is made available to users. You acknowledge that if you set your computer to block all cookies, you may restrict your access to certain features of the website or the services.

f) You further acknowledge and agree that any third party advertisements and other third party materials that may be displayed on, or made available via or in connection with the website and/or the services may contain cookies placed by the third parties responsible for the materials, and that we do not control, and is not responsible for, such third party cookies. users should check the privacy policy of the relevant third party to determine how it uses cookies.

16. Disclaimers

a) We are not responsible for, and to the fullest extent permitted by law make no warranties (whether express or implied) regarding any user content (including but not limited to its accuracy or reliability) submitted on or through the website or the services.

b) Without limiting clause 16(a), we assume no responsibility or liability for the job advertisements placed on our website by prospective employers, or other material uploaded or imported to the visasponsor.jobs website by third parties, and the placement of job advertisements or any other material by prospective employers or other third parties onto the visasponsor.jobs website does not constitute or imply the approval or endorsement of us.

c) We are not responsible for, and to the fullest extent permitted by law make no warranties (whether express or implied) regarding any user content (including but not limited to its accuracy or reliability) submitted on or through the website or the services.

d) User content may not reflect the policies or opinions of us. We are not responsible for the conduct, whether online or offline, of any user.

e) We are not responsible for any problems, failures or technical malfunctions of any telephone lines or networks, computer online systems, servers or providers, computer equipment, software, or any other object or material, related to the use or participation in the website or the services, including but not limited to damage resulting from the download of any user content, our content or other material as part of your use of the website or the services.

f) We expressly disclaim, to the fullest extent permitted by applicable laws and regulations, any statutory or other warranty, including but not limited to warranties or guarantees of acceptability of quality, merchantability or fitness for purpose.

g) We cannot guarantee, and do not promise, any specific results from the use of the services or the website.

h) In no circumstances will we be responsible for any loss or damage, including personal injury or death, resulting from use of the website, services, from any user content submitted on or through the website or the services, or from the conduct of any user, whether online or offline.

17. Limitation of Liability

a) Notwithstanding clause 16, we acknowledge that State, Territory and Commonwealth legislation in Australia and other relevant jurisdictions (including the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) implies certain non-excludable guarantees, warranties and conditions into particular agreements for the supply of goods and services, which cannot be excluded, restricted or modified (“non-excludable guarantees”). we do not exclude, restrict or modify the non-excludable guarantees, and nothing in these terms of use is intended or is to be construed as doing so. Accordingly, nothing in these terms of use affects any remedies available to you at law which cannot be lawfully excluded by us, including in respect of any of the non-excludable guarantees which may be applicable.

b) Subject to clauses 17(a), to the fullest extent permitted by applicable laws and regulations, we will not be liable for any direct, consequential or indirect loss suffered by you or any other party arising from your use of the website and the services, including but not limited to the download of any user content, visasponsor.jobs content or other material, or any discriminatory conduct.

c) Notwithstanding anything to the contrary in these terms of use, but without affecting clauses 17(a), (b) or (d), our liability to you in respect of any cause of action whatsoever will at all times be limited to:

i. the amount paid by you to us for use of the website or the services during the period of your use of the website or services, if any; or

ii. $10, if you have not paid anything to us for use of the website or the services.

d) To the maximum extent permitted by law, our liability to you for a breach of any of the Non-Excludable Guarantees is limited to any one of the following, at our option:

i. in the case of goods - replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring equivalent goods; or payment of the costs of having the goods repaired; and

ii. in the case of services - the supply of the services again or payment of the cost of having the services supplied again.

18. Indemnity

a) You agree to indemnify and hold us, our subsidiaries and affiliates and their respective officers, agents, partners and employees (“those indemnified”), from and against any loss (including legal costs and expenses on a solicitor/own client basis) or liability incurred or suffered by any of those indemnified in relation to any claim, suit, demand, action or proceeding by any person against any of those indemnified arising from your use of the website or the services, any user content submitted by you or any breach by you of these terms of use (including but not limited to the representations and warranties made by you, as set out in these terms of use).

19. Governing Law

a) These terms of use will be governed by the laws of the state of South Australia. You and the Company expressly submit to the exclusive jurisdiction of the courts of South Australia in respect of all matters arising from or connected to these terms of use.

20. Miscellaneous

a) You agree that these terms of use constitute the entire agreement between you and the Company regarding your access and use of the website and the services, and are accepted by you upon your use of the website or the services and are further affirmed if you become a registered user.

b) You acknowledge our right to take action against you to prevent a breach of these terms of use and further acknowledge that damages may not be an appropriate remedy in those circumstances. You also acknowledge that the failure of us to exercise or enforce any right or provision of these terms of use shall not operate as a waiver of such right or provision.

c) You expressly agree and acknowledge that you are not authorised or permitted to bind us in any way whatsoever in relation to any contract or agreement with any third party.

d) Every provision of these terms of use is independent of the other. Any provision which is prohibited or unenforceable in any jurisdiction will be ineffective to the extent only of such prohibition or unenforceability, and the other provisions will continue in full force and effect.

e) You agree that you will do all things necessary to give full effect to these terms of use and any transactions contemplated by them.