Jobs4Nurses Conditions of use - created July 2007
a. Jobs4Nurses will be under no liability to users and recruiters in respect of any loss or damage (including consequential loss or damage) which may be suffered or incurred or which may arise directly or indirectly in respect of services supplied by Jobs4Nurses.
b. Jobs4Nurses accepts no responsibility for the content of any job notices as they appear on this site and candidates acknowledge that Jobs4Nurses has no control over the quality, safety or standard of positions advertised on this site or the truth or accuracy of the information contained in the job notices and that any illustrations or photographs displayed on this site are solely for the guidance of prospective candidates and are not to be relied upon.
c. Jobs4Nurses will not be liable for any damages (including direct, indirect, consequential, incidental and exemplary) in the event that this site is unavailable to users (by virtue of interruption, suspension or termination) for any reason, including due to computer or communications link downtime attributable to malfunction, upgrades or preventative or remedial maintenance activities.
d. Jobs4Nurses gives no guarantee of continued availability of any particular job and will not be responsible should a recruiter have filled the vacancy at any time.
e. Jobs4Nurses will not be liable for any loss caused by a failure to complete an application.
f. Candidates expressly acknowledge that any use of information recruiters gain from job notices appearing on this site will be at the candidates own risk as Jobs4Nurses accepts no liability for the accuracy or reliability of information contained within those notices.
g. Jobs4Nurses accepts no liability whatsoever for the misuse of users' passwords and log in codes.
h. These terms and conditions are subject to warranties and liabilities that cannot by law be disclaimed and Jobs4Nurses's liability for any breach of a condition in relation to supply by it of services to users and recruiters is limited to, at Jobs4Nurses's option, supply of the services again, or the payment of the cost of supplying the services again.
i. All intellectual property on the Jobs4Nurses site belongs to Jobs4Nurses or its licensors, and users obtain no interest in that property.
j. Users warrant that all information they provide on the site is accurate, does not breach any law or the rights of any person. Users must not impersonate any person or entity or falsely state or otherwise misrepresent their affiliation with a person or entity or forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
k. Users acknowledge that Jobs4Nurses may use all intellectual property in material provided by users throughout the world without restriction free of charge.
l. The users and recruiters agree to be bound by these terms and conditions.
m. These terms and conditions are subject to change at the sole discretion of Jobs4Nurses.
n. The users and recruiters acknowledge that all correspondence concluded on the Jobs4Nurses site and all activities of Jobs4Nurses are made and concluded in New South Wales.
o. These terms and conditions shall be governed by the laws of the state of New South Wales. The parties agree to submit to the exclusive jurisdiction of the courts exercising jurisdiction there.
p. Recruiters warrant that all information they provide on the site is accurate, does not breach any law or the rights of any person and recruiters acknowledge that Jobs4Nurses may use all intellectual property in material provided by recruiters throughout the world without restriction, free of charge.
q. Jobs4Nurses will not be liable for any damages (including direct, indirect, consequential, incidental and exemplary):
1. if a candidate is not given, or does not obtain a job for any reason;
2. if there is any deficiency or inaccuracy in the site attributable to a lack of maintenance of the site;
3. in relation to a notice or resume not appearing according to instructions; or
4. in respect to services supplied by Jobs4Nurses under these terms and conditions.
r. Jobs4Nurses may, at its discretion, refuse to accept for publication (or remove from the site) a notice or resume if it believes the notice or resume may infringe the rights of any person or may not comply with all the laws and regulations of the States and Territories.
s. Users and recruiters warrant that they have not relied on any representation made by Jobs4Nurses which has not been expressly stated in these terms and conditions, or upon any descriptions, illustrations or specifications contained in any document including publicity material produced by Jobs4Nurses.
t. On lodging material with Jobs4Nurses for publication on its site, users and recruiters indemnify Jobs4Nurses and its officers, employees and agents against any claim, demand, injury, direct or indirect damage, loss or cost, liability, right of action or claim for compensation in contract, under statute or in tort (including negligence) made against or suffered by any of those indemnified arising, in whole or in part, as a result of:
1. the publication of the notice or resume; or
2. any activity that is expressed in these terms and conditions to be the responsibility of the user or recruiter; or
3. a breach of these terms and conditions.
u. Without limiting the application of paragraph s., users and recruiters shall indemnify Jobs4Nurses, its officers, employees and agents in relation to defamation, liable, slander of title, infringement of copyright, infringement of trademarks or names of publication titles, unfair competition, breach of Trade Practices or Fair Trading legislation, violations of rights of privacy, confidential information, licences, loyalty rights or other intellectual property rights.
v. Fees payable under this agreement are inclusive of GST (as that term is defined in A New Tax System (Goods and Services Tax) Act 1999). The parties agree that:
1. If News is or becomes liable to pay GST in respect of the supplies made by News to users or recruiters, the fees for such supplies shall be payable on or before the 21st of the month following the month in which the invoice was issued to the user or recruiter; and
2. Each invoice will comply with the form of 'tax invoice' specified in section 29-70 of A New Tax System (Goods and Services Tax) Act 1999 and the Regulations issued in accordance with that Act."