Terms and Conditions
Hippo Jobs Holdings Pty Ltd Terms & Conditions
Trading as hippo.com.au (ABN 42 136 599 687)
hippo.com.au Internet Service Agreement
Version 2: Published 24th, November 2009
1. Defined terms
"We", "our", "us" refers to Hippo Jobs Holdings Pty Ltd (ABN 42 136 599 687), which operates the website located at the URL www.hippo.com.au and www.hippojobs.com.au, and its subsidiaries, employees, officers, affiliates or assigned parties.
"Our web site" refers to hippo.com.au and Hippojobs.com.au
"You", "your" or "the client" refers to you as the user of the Service.
“Agreement” means these Terms and Conditions and your Contract.
“Contract” means the form specifying your subscription details for the Service.
"Service" may include any of the following or a combination thereof:
- process that will facilitate your uploading of positions (including images) to either:
- the extensive jobs search engine accessible on hippo.com.au or Hippojobs.com.au; or
- another internet site of your choice that has been approved by us in writing;
- online banner advertising and banner impressions run on our web site;
- having your jobs featured on our web site;
- software applications and associated products;
- training; and
- phone support
“Term” means any Initial Term of Further Term of this Agreement.
The following are the standard terms and conditions ("Terms and Conditions") that apply to your use of the Service. Receipt of an Order Form signed by you will constitute your acceptance of the Terms and Conditions. Please read the Terms and Conditions in conjunction with the Order Form, and any other document provided to you at the time of signing the Order Form.
2. Your obligations and acknowledgements
- comply with our Acceptable Use Policy
- only advertise jobs that are currently available for within the State(s) permitted by your subscription;
- only upload jobs to our web site directly or through a third party provider who has agreed to comply with our terms and conditions for uploading jobs to our web site;
- ensure that material you generate through use of the Service is not unlawful or for an improper purpose, including information that is defamatory, misleading or deceptive, in breach of copyright or would otherwise expose us to any liability, legal proceedings or other sanction;
- ensure that you do not make, arrange or authorise the insertion of any reference to us or our web site in any document (including promotional or merchandising material) or on any web site other than our web site without our prior written consent;
- abide by any applicable Code of Practice (incorporating privacy and advertising codes) issued by your local Internet Industry Association (Australian codes of practice can be found at www.iia.net.au);
- ensure that;
- your username and password for accessing the Service are kept secure at all times and are only disclosed to parties authorised to incur charges on your behalf; and
- ensure that no other person, authorised or otherwise, makes use of your subscription to the Service in breach of these Terms and Conditions; and not make any promotional or merchandising reference to us or our web site without our express written permission.
You acknowledge that:
- you will be liable for all charges incurred using your username and password in the secure Administration section of the Service;
- by using the Service, you grant us an irrevocable, Australia wide royalty free licence to commercialise, copy, license to other persons, use and adapt for any purpose any material you generate or submit to make use of the Service;
- we are not under any obligation to monitor or censor the material generated by users of the Service that appears on our website, however we reserve the right to do so;
- we are not responsible for the Service's content or for any errors or omissions in any jobs data provided by or on behalf of you;
- systems or technological failure may impede or prevent access to all or any part of the property data;
- you are responsible for the security and integrity of your data;
- transmission of data over the Internet can be subject to errors and delays; and
- we will contact from time to time to make you aware of opportunities, products and services offered by us and our business partners. You authorise us to contact you via email, SMS, MMS and other electronic media for that purpose unless you explicitly request us not to contact you via these media.
Unless otherwise stated in the Order Form, this Agreement shall have an Initial Term of Three (3) Six (6) or Twelve (12) months from the date of this Agreement.
Following the expiry of the Initial Term, this Agreement shall continue for further terms of the same period as the Initial Term (Further Terms) until terminated in accordance with these Terms and Conditions. You do not need to take any action for the Agreement to continue for Further Terms.
4. Termination of Service by you
If you do not wish for this Agreement to continue for a Further Term, at least thirty (30) days’ before the expiration of the preceding Term, you must provide us with clear written notice of your intention to terminate the Agreement upon the expiration of the Term. Your obligation to provide us with thirty (30) days’ clear written notice of your desire to terminate the Term exists regardless of whether or not you receive any communication from us regarding the Further Term. Your notice of termination must be sent by email to firstname.lastname@example.org (emails will not be accepted from hotmail, Gmail or similar accounts). These contact details may be amended from time to time. It is your responsibility to check these Terms and Conditions for the current contact details.
You agree that once the Initial Term or any Further Term commences, you may not terminate the Agreement for any reason until the expiry of that Term. If you purport to terminate the Agreement, you acknowledge that the remaining fees payable under the Agreement for the remainder of the relevant Term is a debt due to us payable at the time of the purported termination and you agree to pay those fees within fourteen (14) days. You agree that this is not a penalty, but a reasonable measure of actual damage to us as a result of your early termination.
5. Termination or suspension of Service by us
We may terminate this Agreement at any time for any reason provided that seven (7) clear days' written notice has been provided to you. Without limiting our other rights, we may immediately suspend or temporarily remove details of any jobs uploaded by you to our web site or terminate this Agreement if:
- you fail to pay any fees or charges due to us by the due date;
- you breach any part of this Agreement and the breach is material and not capable of being rectified;
- you breach any part of this Agreement and fail to rectify the breach within 7 days;
- you are in breach of any warranties provided or representations made in this Agreement;
- any material supplied by you is false or misleading;
- you enter into bankruptcy, liquidation, administration, receivership, a composition of arrangement with your creditors, or appoint a receiver or manager over all or any part of your assets or become or are deemed to become insolvent; or
- if you are in a partnership, are dissolved or an application to dissolve is filed, or if you are a company, are wound up or an application for winding up is filed.
You acknowledge and agree that termination of this Agreement pursuant to this clause does not relieve you of your obligations and liabilities pursuant to the Agreement and we reserve our right to enforce such obligations and liabilities in any event.
6. Effect of termination (by you or us)
Termination of this Agreement does not relieve you of your obligations and liabilities pursuant to the Agreement and we reserve our right to enforce such obligations and liabilities in any event.
You acknowledge that:
- you remain liable for all fees incurred prior to termination and you must pay all outstanding amounts to us within seven (7) days of termination; and
- if you continue to use the Service following termination of this Agreement, you shall remain liable for any and all fees incurred by you (these fees may be calculated at our “out of contract” rate which is higher than our usual rates).
7. Packages, fees and billing
We offer a number of different packages that vary in terms of price and services included. You may subscribe to any of these packages but switching, or addition of special conditions to, packages is at our sole discretion.
The current fee for the Service is specified in your Order Form. There is no current surcharge for payment by Visa Card or MasterCard.
We reserve the right to amend the terms and conditions of this Agreement, including package components and fees, at any time. You will be given written notice of any changes to our fees or package components. Your continued use of the Service will constitute your acceptance of the change.
Service fees for the initial month of using the Service are payable from the date of your Order Form. If we do not receive payment by the due date, we may:
- remove any reference or prevent access to data submitted by you to the Site;
- charge an administration fee of $5.00 plus any applicable GST per month on overdue accounts;
- charge interest on any overdue amount at a rate equal to 2% per calendar month; and
- Demand that you pay for any costs of collecting the overdue amount, including but not limited to collection of agency fees and legal fees.
You will pay all taxes, duties and other government charges payable in connection with this Agreement whether applying as at the date of this Agreement or in the future including without limitation any applicable goods and services tax (GST), other value added tax, sales tax, stamp duty and turnover tax, but excluding taxes, duties and government charges based on our income.
8. Site Restrictions
Users may not use any hippo.com.au Site in order to transmit, post, distribute, store or destroy material, including without limitation, hippo.com.au Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
Users are also prohibited from violating or attempting to violate the security of any hippo.com.au Site, including without limitation, the following activities: (a) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any hippo.com.au Site, overloading, "flooding", "spamming “or "crashing"; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability. Hippo.com.au will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
In order to ensure a safe and effective experience for all of our customers. We reserves the right to limit the amount of data (including resume views) that may be accessed by you in any given time period. These limits may be amended at our sole discretion from time to time.
- We may change these Terms and Conditions at any time on 30 days’ prior written notice. You acknowledge that our publishing the amended version of the Terms and Conditions at this link on our website constitutes written notice to you of such changes.
- No delay or failure by us to enforce any provision of the Contract will be deemed a waiver or create a precedent or will prejudice our rights.
- We will send all notices and other communications to you to the email address and/or facsimile number you have provided to us. It is your sole responsibility to ensure that you provide us with your current contact email address and/or facsimile number.
- You must not assign the Agreement without our written consent.
- We may assign the Agreement at any time. If we assign this Agreement, we will notify you of the assignment.
- The Agreement (together with any documents referred to in the Agreement or provided by us at the same time as the Agreement) comprises the entire agreement. It supersedes all prior understandings, agreements or representations.
- If any term of the Agreement is or may become for any reason invalid or unenforceable at law, the validity and enforceability of the remainder will not be affected.
In order to access some features of the Website, you will have to create a hippo.com.au account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify hippo.com.au immediately of any breach of security or unauthorized use of your account.
- If you submit personal information to hippo.com.au, we may use that information to operate, maintain, and improve the features and functionality of hippo.com.au, and to process any flagging activity or other communication you send to us.
- We do not use your email address or other personal information to send commercial or marketing messages without your consent. We may use your email address without further consent for non-marketing or administrative purposes (such as notifying you of major hippo.com.au changes or for customer service purposes).
- When you create a hippo.com.au Account, some information about your hippo.com.au Account and your account activity will be provided to other users of hippo.com.au. This may include the date you opened your hippo.com.au Account, the date you last logged into your hippo.com.au Account, your age (if you choose to make it public), the country and the number of videos you have watched.
- Your hippo.com.au Account name, not your email address, is displayed to other users when you engage in certain activities on hippo.com.au, such as when you upload videos through hippo.com.au. Other users can contact you by leaving a message or comment on the site.
- Any videos that you submit to hippo.com.au may be redistributed through the internet and other media channels, and may be viewed by other hippo.com.au users or the general public.
- You may also choose to add personal information which may include your name, gender, profile picture or other details, that will be visible to other users on your hippo.com.au Account. If you choose to add certain features to your hippo.com.au Account, then these features and your activity associated with these features will be displayed to other users and may be aggregated and shared with your friends or other users.
- If you have a hippo.com.au Account, you may update or correct your personal profile information, email preferences at any time by visiting your account.
- You may, of course, decline to submit personal information through hippo.com.au, in which case you can still view jobs and explore hippo.com.au, but hippo.com.au may not be able to provide certain services to you.