For the purposes of this agreement the words "ZIPPITY", "ZIPPITY Pty Ltd", "We", "Our" and "Us" refer to ZIPPITY Pty Ltd and "Site" refers to all services and materials as provided on www.zippity.com.au and associated domain names.
The Terms and Conditions for Advertisers are detailed first, with Terms and Conditions for Searchers following. All users, be it Advertisers or Searchers agree to be bound by the Terms and Conditions upon immediate access to www.zippity.com.au and associated domains.
Advertisers on www.ZIPPITY.com.au and associated domain names ("Site") identified as "Advertisers", "Advertiser" or "Job Poster" agree to be bound by the following terms and conditions.
1. All amounts owing to ZIPPITY Pty Ltd (ACN 163 687 705) ("ZIPPITY") by Advertisers must be paid within 14 days of the date of invoice notwithstanding any errors or omissions in any advertisement placed on the Site. An interest rate of 10% may be charged by ZIPPITY on any late payment, and ZIPPITY reserves the right to recover any costs incurred in collection from the Advertiser. If ZIPPITY's invoice is not paid within ZIPPITY's required trading terms, ZIPPITY reserves the right to deactivate the Advertiser's account with ZIPPITY without notification or approval and refuse to provide further services to the Advertiser's organisation.
All payments made by American Express and Diners Club credit cards are subject to a surcharge. The surcharge of American Express: 3.02% (including GST) and Diners Club: 2.46% (including GST) will be added to the Advertiser's payment amount. The surcharge amount is calculated on your payment and is equivalent to the amount charged to ZIPPITY by each institution.
2. It is a condition in using any services of ZIPPITY, that Advertisers comply with the Human Rights and Equal Opportunity Commission Act 1986 (Cth) and all other relevant equal opportunity and anti-discrimination legislation applicable to the Advertiser's respective operating jurisdiction. Should an exemption to the requirement to comply with the legislation be granted, that exemption number must be incorporated in any advertisement submitted to ZIPPITY.
3. All job advertisements may be reviewed by ZIPPITY prior to publication on the Site. You understand and agree that ZIPPITY reserves the right to withdraw any advertisement, without the permission and without the need to notify the Advertiser, which may in ZIPPITY's view, be in breach of any law, regulation or any clause of this agreement. The right to terminate this agreement is also reserved by ZIPPITY if the Advertiser places any advertisement that may be in breach of any law or regulation. Further, ZIPPITY has absolute discretion to remove and/or to reject any advertisement from the Site for any reason whatsoever.
4. ZIPPITY has a no refund policy.
5. Advertisers indemnify and will keep indemnified ZIPPITY, its employees, officers, and agents against suits, legal actions, claims, suits, all costs, damages and expenses incurred by ZIPPITY with relation to:
a. any breach of this agreement by the Advertiser;
b. any negligent act or omission by the Advertiser;
c. the listing or proposed listing of any advertisement by an Advertiser on the Site or any related site; or
d. an actual or alleged breach by an Advertiser of any law, legislation, regulations, by-laws, ordinances or codes of conduct which occurs a consequence of the Advertiser's advertisement appearing on the Site.
6. No warranty is provided by ZIPPITY to anybody that the services provided for via the Site will remain uninterrupted or free from disturbance and error. ZIPPITY also makes no warranty that the services, if interrupted, will be corrected. ZIPPITY will endeavor to fix all problems that arise. You understand that ZIPPITY is not able to and will not guarantee or warrant that the files that are open to download from the Site or delivered via electronic communication are free from any viruses, infections, Trojan horses, worms or any other form of code or software that may contain destructive or harmful properties. You maintain the sole responsibility for developing and using your own framework and protocols for satisfying your individual requirements as to the security and accuracy of any data that you access, upload, download, save or receive. ZIPPITY will not be held liable for any loss to anybody for lost data. ZIPPITY will not be liable for any delay or failure to perform its obligations under this agreement if such a delay or failure is due to circumstances beyond its reasonable control.
7. ZIPPITY endeavors to avoid errors in advertisements it has agreed to upload onto the Site. However, ZIPPITY accepts no responsibility or liability for any errors and ZIPPITY requires that Advertisers inspect their job postings for faults as soon as they are loaded on the Site. ZIPPITY will take all reasonable efforts to edit faults brought to ZIPPITY's attention as soon as reasonably possible.
8. Reasonable efforts will be undertaken by ZIPPITY to publish advertisements in the quickest time possible. However, ZIPPITY is not liable for any damage, or loss suffered by an Advertiser due to any delay or failure in posting of an advertisement.
9. The Advertiser warrants and undertakes that:
a. it has the legal capability and power to freely enter into this agreement and perform its attached obligations;
b. all advertisements and any other works included in such advertisements, that are posted on the Site are not in contravention of the intellectual property rights of any third party;
c. the language used in any job postings are of a mature and professional manner, and contain no racist, discriminatory, nor illegal content or message;
d. all files delivered to ZIPPITY will be absent of digital viruses, corruption or infection; and
e. the Site will not be used for any illegal activity.
10. Advertisers understand and agree to always treat any information or products provided by ZIPPITY or accessed from the Site in a manner which abides by all applicable laws of Australia, (including, but not limited to, copyright and privacy laws).
11. The Site may not be used to post any pyramid scheme, or related scheme thereof. Advertisers agree not to charge any job applicant any fee, cost, or charge whatsoever with anything in relation to any aspect of the advertisement posted on the Site.
12. Advertisers agree not to use any feature of the Site to send unsolicited commercial email. All communications using the tools provided on the Site may only be used for communication with the job candidate in relation to the specific advertisement to which they have inquired.
13. All the principles detailed in the RCSA's code of Practice must be adhered to by all Advertisers.
14. Advertisers must ensure that all advertisements posted to the Site comply with all applicable legislation, regulations, by-laws, ordinances and codes of conduct, including but not limited to the:
a. Competition and Consumer Act 2010 (Cth), including but not limited to s.31 which requires that Advertisers that are companies not mislead persons seeking employment as to the availability, nature, terms or conditions or, any other matter relating to the employment opportunity being offered;
b. Fair Trading Acts in all applicable States and Territories;
c. Privacy Act 1988 (Cth) including the National Privacy Principles; and
d. Estate Agents Acts in all applicable States and Territories.
15. Links to external websites are not permitted to be placed by Advertisers within the content of a posted advertisement without ZIPPITY's express written approval; such express authorization is subject to other relevant conditions.
16. Without ZIPPITY's express prior written approval, Advertisers are not permitted to transfer or assign any rights, obligations or undertakings, pursuant to this agreement to any other entity or person.
17. Advertisers understand and agree that ZIPPITY retains all intellectual property rights all goods and services provided by ZIPPITY to the Advertiser.
18. Advertisers understand and agree that ZIPPITY is merely a portal which individuals use to find employment. Although ZIPPITY may screen, assess, or evaluate, job candidates, the Z-Score function is to act merely as a guide as to what ZIPPITY measures the potential suitability of candidates as compared to the described requirements of a job. The Z-Score is an estimate and its accuracy depends solely on the information provided by applicants; be it from their profile and/or answers given to Screening Questions. Therefore, the Z-Score is to provide only a guide as to who to shortlist, and not to act as a guide as to who to employ. The function of the Screening Questions that ZIPPITY offers is to act again as a mere guide only as to the performance of individual applicants at that point in time in which they responded to those customized questions as made by the advertiser. The combined score and rank of those applicants in reference to the Screening Test questions is not to represent in anyway advice as to suitability for the role advertised. ZIPPITY disclaims all liability for any damage, loss, cost or loss of profits suffered in connection with employment of any job candidate found via the ZIPPITY Site.
19. Advertisers understand and agree that the following actions constitute a new/additional job advertisement under this agreement: copying a job ad; reposting an archived or deleted job ad; extending a job ad beyond 20 days (known as "renewing" and this can occur on multiple occasions); changing a zone classification and refreshing any job posting. Refreshing is the process of deleting and re-posting the same or substantially similar job advertisement. In addition, Advertisers understand and agree that when an Advertiser posts ads on ZIPPITY via a bulk data import process, changing a job ad reference number also constitutes a new job ad. If an Advertiser is using a bulk data import process, the Advertiser must ensure that they understand the effect bulk data importing may have on renewing (refer to definition above) ads as ZIPPITY will count all new/additional job advertisements against the Advertiser's account and will invoice the Advertiser accordingly. Changes to job ad body copy and ad title or location, work type, industry and occupation categories within the existing zone do not constitute a new job ad, regardless of the method used to post the ad.
20. Advertisers understand and agree only one job role is to be enlisted per advertisement. In the situation that more than one job role has been enlisted under the same advertisement, ZIPPITY retains the absolute right to charge the Advertiser for the quantity of job roles listed under that same advertisement posted on the Site.
21. Advertisers agree that pursuant to the Privacy Act 1988 (Cth), ZIPPITY may obtain from either a credit reporting agency or other credit providers:
a. personal credit information about the Advertiser and/or its directors for the purpose of assessing an Advertiser's commercial credit application; and
b. a consumer credit report about the Advertiser for the purpose of collecting overdue payments relating to commercial credit owed by the Advertiser.
22. Advertisers must ensure that advertisements posted to the Site are posted to the appropriate category of the Site and the onus is on Advertisers to ensure that they familiarise themselves with the advertising requirements of each available category on the Site to ensure appropriate placement of advertisements.
23. ZIPPITY reserves the absolute right and Advertisers understand and accept as a condition of advertising on the Site, that ZIPPITY has the right to re-classify any advertisement placed on the Site. ZIPPITY is entitled to move advertisements from one section of the Site to another (including but not limited to, withdrawing advertisements from one category of its Site and to re-publish advertisements in another category) without the need to seek prior approval or issue prior notice.
24. In providing the “candidate matching” (Z-Score) service, ZIPPITY makes it best efforts according to what it thinks reasonable to provide a “candidate matching” service that aims to be as accurate according to internally set standards. However, ZIPPITY accepts no responsibility for suitability or later performance of candidates it “matches” to the job advertised.
25. In the provision of “aptitude testing” (Screening Questions) functionality, ZIPPITY accepts no responsibility for the suitability of candidates and their respective scores as to the suitability for the job advertised. Again, ZIPPITY makes no recommendations as to employment when it presents the scores of each candidate to you, and you take sole responsibility for the way in which you evaluate the data and scores with regards to suitability of the candidate for the job advertised.
26. ZIPPITY reserves the right, without need to give prior notice, or seek approval, to at any time, modify the appearance and/or functionality of any products available from ZIPPITY or through the ZIPPITY Site, where it is the view of ZIPPITY that changes are needed to provide a coherent experience for job applicants, provide relevant ranking of job postings. Further ZIPPITY reserves the right to modify any part of any advertisement relating to its appearance, at any time, without the need to notify or seek approval.
27. Without ZIPPITY's prior written approval, all Advertisers must not release into the public any advertising, promotional material, news release, or any other form of publicity in connection to ZIPPITY.
28. Should any part of this agreement be held to be invalid, the invalid part shall be severed from this agreement, and the remainder of the agreement will continue to be legally binding and operative.
29. You understand that termination of this agreement will not end those provisions that are capable of surviving the ending of this agreement.
30. The laws that govern this agreement will be the law of Queensland, Australia. You irrevocably submit to exclusive and sole jurisdiction of the Courts and the respective Appellate Courts of Queensland and the jurisdiction of the Federal Court of Australia sitting in Queensland.
31. ZIPPITY's maximum liability arising out of or in connection with any ZIPPITY site or your or any other person's use of the Site or information supplied on the Site, regardless of the cause of action, and regardless of the degree of injury or damage suffered, will not exceed $50AUD.
Searchers on www.ZIPPITY.com.au and associated domain names ("Site") agree to be bound by the following terms and conditions.
Should any part of this agreement be held to be invalid, the invalid part shall be severed from this agreement, and the remainder of the agreement will continue to be legally binding and operative.
You understand that termination of this agreement will not end those provisions that are capable of surviving the ending of this agreement.
The laws that govern this agreement will be the law of Queensland, Australia. You irrevocably submit to exclusive and sole jurisdiction of the Courts and the respective Appellate Courts of Queensland and the jurisdiction of the Federal Court of Australia sitting in Queensland.
For the purposes of this agreement the words "ZIPPITY", "ZIPPITY Pty Ltd", "We", "Our" and "Us" refer to ZIPPITY Pty Ltd and "Site" refers to all services and materials as provided on www.zippity.com.au.
ZIPPITY Pty Ltd retains all the copyright and trademarks for material listed on this site unless indicated otherwise. You are not to infringe on any intellectual property rights owned by ZIPPITY. The intellectual property law of Australia shall apply to any disputes that may arise.
You agree that the information on this Site is strictly for personal use only and is not to be redistributed, sold or used for any commercial purpose (including, but not limited to subjecting the listed advertiser's contact details to unsolicited commercial communication). Material may be downloaded from the Site for non-commercial, personal purposes only, on the condition that all the integrity of all copyright and other proprietary material is maintained.
You are not to change, alter, reproduce, copy, upload, post, transmit, republish and/or distribute in any way whatsoever any material from this Site including (but not limited to) software and code. The use of this Site for any unlawful or prohibited purpose is strictly forbidden.
Data mining, robots, screen scraping, or similar data gathering and extraction tools are not to be used by you on this Site for any purpose whatsoever, except with the prior written permission and consent of ZIPPITY.
You understand, acknowledge and agree that all information as published by ZIPPITY is merely done so with the intention to provide information of a general nature and in summary form.
ZIPPITY does not recommend nor endorse any of the employers, job listings, and opportunities that are advertised on the Site and ZIPPITY recommends that you obtain your own independent professional advice regarding financial and legal matters prior to entering into any agreement at all with any advertiser on the Site. Only you are vested with the responsibility to assess the completeness, accuracy and value of the advice, information, services as provided on the Site and as provided on the internet in general.
ZIPPITY will not in any event be held liable to yourself or anyone else for the decisions made or acts undertaken by you or anyone else in reliance upon the information contained in and omitted from the Site and the Internet in general.
No guarantee as to the availability or vacancy of any job as advertised on the Site is given by ZIPPITY. ZIPPITY is not liable to you or anyone else should the job position be filled at any time before the removal of the job advertisement from Site.
Although ZIPPITY endeavors to ensure that the jobs are advertised on the Site represent actual job vacancies, ZIPPITY makes no guarantee at all that every job advertised represents a true job vacancy.
Again, whilst ZIPPITY makes its best efforts to ensure that any jobs recommended to you by us in our job matching service aim to suit your requirements, we make no guarantee as to true suitability of that job to your skills, nor do we make any recommendation for you to apply. Any application made is done so solely under your own will.
Links to other websites and information that are maintained by third parties are provided on the Site. However, you understand that such content and internet sites are not under the control of ZIPPITY and ZIPPITY is not in any way responsible for the contents (including but not limited to; accuracy, legitimacy and legality) of such linked sites, nor any other links within any linked site. These links are merely being provided by ZIPPITY for your convenience. ZIPPITY does not necessarily endorse any site that is linked from the Site. ZIPPITY also does not hold any responsibility for the copyright compliance, or any other legal compliance of any linked site. Should any loss or injury, howsoever caused, arise out of use or any connection of information or services provided by a third party linked site, ZIPPITY will not be liable at all.
No warranty is provided by ZIPPITY to anybody that the services provided for via the Site will remain uninterrupted or free from disturbance and error. ZIPPITY also makes no warranty that the services, if interrupted, will be corrected. ZIPPITY will endeavor to fix all problems that arise. You understand that ZIPPITY is not able to and will not guarantee or warrant that the files that are open to download from the Site or delivered via electronic communication are free from any viruses, infections, Trojan horses, worms or any other form of malicious code or software that may contain destructive or harmful properties. You maintain the sole responsibility for constructing and employing sufficient methods and protocols for satisfying your individual requirements as to the security and accuracy of any data that you access, upload, download, save or receive. ZIPPITY will not be held liable for any loss to anybody for lost data, howsoever caused.
Although ZIPPITY takes all necessary care in ensuring that the integrity and privacy of the information provided by you is maintained, possibilities exist that the information so provided by you could be accessed, observed and/or used unlawfully, ZIPPITY accepts no responsibility for any loss suffered by you, should the abovementioned situations arise. ZIPPITY will not be liable for any loss suffered from information being unlawfully accessed by third parties, nor will ZIPPITY be liable for the actions and consequences of those actions by third parties who access any information from the Site unlawfully. ZIPPITY disclaims all liability to you to the greatest extent possible pursuant to law should this occur.
You must create and provide a login name and password in order to become a registered user. You maintain the sole responsibility for the security and confidentially of your details, including your password and login name. You agree that you are also solely responsible for any activities or actions that occur under your login name and password. You may at anytime request to change your password or login name via following the instruction as per the Site.
You agree that should any unauthorized use of your login name or password or any other suspected breach of privacy and security occur, you will immediately notify ZIPPITY via electronic mail to the relevant electronic mail address or by submiting the contact form here.
You understand and agree that it is a condition of you using the Site that any services provided by the ZIPPITY site are not to be used by you in any way to mislead or deceive others.
You accept that you undertake the aptitude test voluntarily and that Zippity has no involvement whatsoever in the creation of the questions, the answers and the impact your performance has on your employability. Zippity accepts no responsibility for how your performance is used by the advertiser in assessing your employability.
The data and information you enter in your profile should be a true and reasonable reflection of yourself and your qualifications. Zippity does not accept responsibility for how a job advertiser decides to use the information, nor as to what information is considered, or if any information is considered at all in the possibility of your employment. You are solely responsibility for the upkeep and accuracy of the information in your profile.
All files and contact information you provide to us as well as advertisers is done so by you voluntarily and you accept sole responsibility as to it being used by advertisers in assessing your employability.
ZIPPITY's maximum liability arising out of or in connection with any ZIPPITY site or your or any other person's use of the Site or information supplied on the Site, regardless of the cause of action, and regardless of the degree of injury or damage suffered, will not exceed $50AUD.