Terms and Conditions

Terms and Conditions of Use

Job Seeker Terms and Conditions

Please read this agreement carefully before accessing or using the information and services available through the SpotMe website (‘Site’). By accessing or using the Site, you agree to be bound by the terms and conditions below. SpotMe may modify this agreement at any time, and such modifications shall be effective immediately upon posting the modified agreement on the Site. Jobseeker terms and conditions must be accepted and adhered to by Jobseekers who use SpotMe's services and the Site. SpotMe also has a comprehensive privacy policy for users of the Site.

Copyright and trademarks

Copyright in the material and trademarks on this Site are owned by SpotMe (a business unit of THE-ICE Limited ABN 86 131 628 370) (‘SpotMe’). Unless otherwise indicated you agree not to infringe any intellectual property rights owned by SpotMe / THE-ICE Limited.

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 (this includes but is not limited to the use of Advertiser contact details for unsolicited commercial correspondence). You may download material from this Site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.

You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Site including code and software. You must not use this Site for any purpose that is unlawful or prohibited by these terms of use.

You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on this Site for establishing, maintaining, advancing or reproducing information contained on our Site on your own website or in any other publication, except with Our prior written consent.

Information does not represent professional advice

You acknowledge and agree that information published by SpotMe is intended to provide general information in summary form on legal and other issues.

SpotMe does not endorse or recommend any of the jobs opportunities advertised on its Site and strongly recommends that prior to entering into any agreement with any of the Recruiters / Advertisers on the Site, that you obtain your own independent assessment / advice as appropriate. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information provided through the Site or on the Internet generally.

In no event will SpotMe be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any information contained on or omitted from the Site.

No guarantees or endorsements

SpotMe gives no guarantee to you of the continued availability of any particular job advertised on the Site and will not be liable to you should an advertiser have filled the vacancy at any time prior to removal of the advertisement from the Site.
Whilst SpotMe takes efforts to ensure that jobs advertised are for actual job vacancies, it gives no guarantee to you that every job advertisement represents an actual job vacancy.
SpotMe provides links to Internet sites maintained by third party. Such linked sites are not under the control of SpotMe and we cannot be responsible for the contents (including the accuracy, legality or decency). The links are provided to you only as a convenience, and the inclusion of any link does not imply endorsement by SpotMe of the linked site.
SpotMe is not responsible for the copyright compliance of any linked site.
SpotMe will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party.

No warranty

SpotMe provides no warranty to you that the services generally available through its Site will be uninterrupted or error-free or that defects in the service will be corrected.
SpotMe cannot and does not guarantee or warrant to you that files available for downloading through the Site or delivered via electronic mail through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

Our rights to use information you provide us

SpotMe welcomes ideas and feedback from you about all aspects of the Site.

You agree that SpotMe may reproduce, distribute, transmit, create derivative works of, and publicly display any materials and other information (including ideas for new or improved products and services) that you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by email to SpotMe.

Recruiter / Advertiser Terms and Conditions

SpotMe may at its absolute discretion refuse to publish any advertisement without giving any reason. In case of refusal, no charge to Advertiser shall be incurred.
Each job listing posted on the SpotMe website must relate to a genuine job role and represent one unique listing. SpotMe will assign each listing with a unique identifying code. Please quote the unique identifying code for follow up and tracking.
SpotMe reserves the right to remove any advertisements it believes are not unique or contain more than job role at its own discretion. SpotMe remove such jobs, the agreed price shall not be reduced.
SpotMe may without prior consultation or notice to Advertiser, amend any advertisement in any terms whatsoever, if SpotMe perceives the advertisement would be:

in breach of any relevant law,
in breach of any pre-existing agreement of SpotMe
in breach of any person’s rights or
offensive

Should SpotMe so amend the advertisement, the agreed advertising price shall not be reduced.
The positioning or placement of an advertisement is at the discretion of SpotMe except where expressly requested by the Advertiser and agreed in writing by SpotMe.
If SpotMe quotes a rate to publish a specific quantity of advertising over a specific period (‘package’) and a lesser quantity is submitted for publication within that period, then what is published within that period shall be costed at whatever rate is necessary to generate the expenditure which would have been incurred had the full agreed volume been published.
SpotMe is not liable to Advertiser for any loss of any nature arising from

the failure of SpotMe to publish an advertisement
the failure of SpotMe publish an advertisement in the form prescribed

This applies regardless of the cause of SpotMe’s failure, including if SpotMe is negligent or acts as permitted under these terms and conditions.
In the case, of

the Advertiser will not have to pay any amount to SpotMe under the booking form in relation to that specific failure of ad placement.
the amount payable under the booking form may be reduced according to circumstances.

SpotMe has no liability to the Advertiser in relation to any failure of telecommunications services or systems which affect the receipt of an advertisement or the publication of a campaign by SpotMe.
SpotMe makes no representation or warranty in relation to the Advertiser what its organisation will receive from the Website, except for any made expressly in writing by SpotMe:

the number of visitors to its websites
the number of impressions on the website
or the number of applications

Advertiser accepts responsibility, and agrees to pay for all advertising services under this agreement, regardless of whether Advertiser fully utilises the services.
SpotMe reserves the right to amend these terms and conditions at any time. The most current Terms & Conditions of advertising are published on the SpotMe website at www.spotmeonline.com.

Re-publication of advertisements

Advertiser consents that SpotMe may provide the Advertiser’s advertisement to any other party for publication on other websites (as determined by SpotMe in its absolute discretion).

Credit and GST

Payment for SpotMe single job posting, Base Package, Advance Package or Premium Package must be made up front by credit card or electronic funds transfer. Advertiser’s request for any type of advertising on the Website will be activated on receipt of payment by SpotMe.
If payment is made by cheque, the account will not be activated by SpotMe until the fund is cleared.
Invoices for all advertising bookings / packages will be issued and are payable at the commencement of the booking period.
All rates and charges in the Booking Form are quoted exclusive of GST. SpotMe will issue a valid tax invoice in relation to any supply of goods or services which is subject to GST.

Advertising Options

Base Package, Advance Package or Premium Package is valid for 6 months. The Contracts are for a minimum 6 month period, or as specified in the Advertising Package booking form.
Each job posting is published for 28 days.
Cancellation of any advertisement package / campaign must be received in writing by SpotMe no later than 21 days prior to the commencement of the package / campaign in order to receive a 100% refund.
Any cancellations made after this time and before the commencement of the advertising posting / campaign will be subject to a minimum cancellation fee of 50% of the total cost of the ad posting / entire campaign.
Campaigns cancelled at the request of the Advertiser after the campaign has commenced will not be entitled to a refund of any unused portion of the campaign.
The Booking Form for Job Listings is valid for 72 hours from the time it is provided to Advertiser. Publisher cannot guarantee the order is fulfilled unless a signed copy of the booking form is received within that timeframe. Display advertising cannot be reserved and all bookings are subject to availability at the time of receiving the signed booking form.
The pricing on the Booking Form is based on the advertising package (Base, Advance or Premium) registered by the Advertiser. Should actual advertising volumes exceed the specified advertising limit in any given month during the agreement, the SpotMe will charge the Advertiser at the relevant per ad posting price, for all jobs exceeding the specified limit. Alternatively the Advertiser has the option to upgrade the advertising package to the next level prior to exceeding the specified limit.
At the expiry of the term of this agreement, the Advertiser must notify in writing of its intention to discontinue advertising with SpotMe 14 days prior to the expiry of the term of this agreement. If the Advertiser continues to use SpotMe services beyond the expiry of the term of this agreement, SpotMe will invoice the Advertiser at the rates indicated on the most recent registered SpotMe advertising package (Base, Advance or Premium)
If Advertiser wishes to renew the advertising package after expiry of the contract, the current contract must be renewed 30 days prior to the end of the previous contract.

Access to Resume Database

Registered Advertiser has access to SpotMe Resume Database.
SpotMe Resume database can only be accessed by Advertisers who are current SpotMe job listing Advertisers and is restricted to the authorised Administrator(s) registered / nominated by the Advertiser.
Access password is not to be shared among employees. Should you require above the allocated limit additional license, which can be purchased through SpotMe Customer Service Unit.
Resumes downloaded from the SpotMe Resume Database are not to be used for any purpose other than reviewing candidates for potential employment opportunities, and should not be viewed, shared or passed onto anyone other persons than employees of the Advertiser.
The Advertiser must comply with all legal requirements in relation to the use, collection and storage of personal information. The terms of this and any other agreement between SpotMe and Advertiser must remain confidential.

Creative Conditions and Specifications

Standard creative must be received no later than 3 working days prior to the job posting / campaign start date. Rich media creative must be received no later than 5 working days prior to the campaign start date.
If creative is received after the prescribed due date and results in job posting / campaign delay, the publication of the advertisement will be considered to have commenced as of the date on the Booking Form.
All click-through URL’s must enable the ‘browser’s back feature’ to allow users to return to SpotMe’s website.

Warranty and Indemnity

By lodging creative / advertising material with SpotMe, Advertiser warrants that the material complies with all relevant laws and regulations and that its creative / advertising material will not give rise to any claims or liabilities in SpotMe, its directors, employees or agents.
Without limiting the generality of the above, Advertiser warrants that nothing in the material lodged for publication breaches:

the Trade Practices Act 1974
Copyright Act 1968
Fair Trading Act 1987
Defamation
consumer protection and sale of goods legislation of the States and Territories or

infringes the rights of any person

Without limiting the generality of the above, Advertiser indemnifies SpotMe and its directors, employees and agents against any claims arising from

defamation, libel, slander of title
infringement of copyright
infringement of trademarks or names of publications titles
unfair competition
breach of trade practices or fair trading legislation, and

violation of rights of privacy or confidential information or licenses or royalty rights or other intellectual property rights.

SpotMe and its Associates warrant that we will use our best efforts at all times to ensure that the data and information in SpotMe is kept fully up to date. However we do not warrant, guarantee or make any representations to you, regarding the use or the results of the use of the software or any information in SpotMe, including, but not limited to its correctness, accuracy, reliability, performance or otherwise.
SpotMe makes no guarantee:

hat your posting will be accessible for the entire term of its listing. Computer outages, software failure and other technical and non-technical issues may cause temporary outages that we cannot be held liable for.
as to the level of success the Advertiser may achieve by using the service and that you shall not be entitled to any refund, rebate or retribution for usage that you determine to be unsuccessful

SpotMe cannot and does not guarantee or warrant to the Advertiser that files available for downloading through the Site or delivered via electronic mail through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. The Advertisers are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

Privacy

SpotMe takes all reasonable steps to ensure the security of our system. As Registered Advertiser you have access to your information at any time to keep it accurate and up to date. Any information which we hold for you is stored on secure servers that are protected in controlled facilities
SpotMe collects your organisational information to assist SpotMe in providing the goods or services other SpotMe users may have requested and to improve SpotMe's products and services.
SpotMe or any of its other business units of THE-ICE Limited may be in touch to let Advertiser know about goods, services or promotions which may be of interest to Advertiser. SpotMe may also share information with other persons or entities that assist us in providing our services. If you prefer SpotMe not to share your information, please write to our privacy department.
In addition, SpotMe and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by SpotMe. However, SpotMe will not be held responsible for events arising from unauthorised access of your organisational information.

You can also play an important role in keeping your personal information secure, by maintaining the confidentiality of any password and accounts used on the SpotMe site. Please notify us immediately if there is any unauthorised use of your account by any other Internet user or any other breach of security

If you have any questions about privacy issues, the practices of this site, or your dealings with SpotMe, Please contact us:

Email:    This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Telephone:    +61 (7) 5536 6755
Post:

Customer Service

SpotMe
Level 1B, 145 Wharf Street
Tweeds Head NSW 2485
Australia

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