Terms of Use
WELCOME TO SMSTHEJOB.COM.AU BEFORE YOU USE OUR SERVICE, YOU MUST READ THESE TERMS AND CONDITIONS ("TERMS") CAREFULLY.
BY USING OUR SERVICE, YOU AGREE TO THESE TERMS AND CONDITIONS; IF YOU DO NOT AGREE; DO NOT USE THE SERVICE.
1. Description of Services
(a) This Agreement is between you as a user and SMSTHEJOB PTY LTD and its successors.
(b) SMSTHEJOB PTY LTD provides SMS (Short Message Service) services to most compatible mobile devices (the "Service").
2. Registration and Access to the Service
(a) Access to the Service. In order to use the Service you must be 16 years of age or have bill payer's permission. The contract is void where prohibited. In order to use the Service, you must also have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which SMSTHEJOB PTY LTD makes the Service available, and pay any service fees associated with any such access. In addition, you must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile handset or other mobile access device that is in working order and suitable for use in connection with the Service. You are responsible for ensuring that your equipment and/or software do not disturb or interfere with SMSTHEJOB PTY LTD's operations. Any equipment or software causing interference shall be immediately disconnected from the Service and SMSTHEJOB PTY LTD shall have the right to immediately terminate this Agreement. If any upgrade in or to the Service requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augments or enhances the current Service, including the release of new products and services, shall be subject to the terms and conditions of this Agreement.
(b) Contracts for our Service. SMSTHEJOB PTY LTD is offering its services on a Free of charge per sms received basis. Unless otherwise expressly indicated, no information presented in the Service or in connection with any products and services shall be deemed as a binding offer by SMSTHEJOB PTY LTD. The contract for the ongoing Subscription Service between you and SMSTHEJOB PTY LTD shall begin when SMSTHEJOB PTY LTD, upon your request, has provided you with access to the Service (such access may be based on a personal username and password generated for that purpose or on other data that SMSTHEJOB PTY LTD deems sufficient for your identification). The subscription contract shall remain in effect until terminated and/or cancelled by you or SMSTHEJOB PTY LTD according to Section 8 of these Terms. Contracts for the products and services of SMSTHEJOB PTY LTD and independent third parties which are made available through the Service shall begin when SMSTHEJOB PTY LTD or the third party has accepted your order for the same or has provided you with the product or service pursuant to your order. The contract will remain in effect until terminated by you or SMSTHEJOB PTY LTD according to Section 8 of these Terms. After entering into your contract, every month SMSTHEJOB PTY LTD will send or transmit your subscribed Job Ads.
(c) Responsibility for the Use of the Service. You are fully responsible for all activities that occur under your password or account or through your Subscription / Registration. That responsibility includes, but is not limited to, the responsibility for any fees for the use of the Service or any products and services made available through the Service. You agree to notify SMSTHEJOB PTY LTD immediately in case you become aware of or suspect unauthorized use of your password or account or Subscription or any other breach of security, and to ensure that you log out of your account at the end of each session. SMSTHEJOB PTY LTD cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. You acknowledge and agree that you will not use the Service for any commercial purposes.
(d) Registration and Registration Data. Upon your request, SMSTHEJOB PTY LTD may register you as a user and provide you with access to the Service by allocating you a personal username and password. SMSTHEJOB PTY LTD may need to change usernames allocated to certain of its Services and reserves the right to do so (you will be informed if this is necessary). The same procedure may apply to products and services made available through the Service. You are solely responsible for maintaining the confidentiality of any possible password and account. In exchange for your use of the Service (in addition to the payment of applicable fees) you agree to: (a) provide true, accurate and complete information about yourself as prompted by the registration form ("Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If SMSTHEJOB PTY LTD has reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, SMSTHEJOB PTY LTD has the right to suspend or terminate your account.
(e) Assignment. You may not assign or transfer in any other way the contract or any of your contractual rights. SMSTHEJOB PTY LTD shall have the right to assign its rights and obligations under this contract and any receivables based on this contract to a third party upon written notice to you, provided such assignment is made under terms not less favourable to you than those in these TERMS. After a notice concerning the transfer of receivables, payments shall be valid only when made to the new service provider.
(f) License to Download(s). You acknowledge and agree that the Download(s) made available as part of the Service are owned by SMSTHEJOB PTY LTD, its successors, affiliate and/or licensors, as applicable, and are protected by intellectual property laws. SMSTHEJOB PTY LTD hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable, revocable license to download and use the Download(s) and the Service on a designated compatible mobile device solely for your own personal non-commercial use. You further acknowledge and agree that you may not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Download(s) except as expressly provided in this Agreement.
(g) Interruptions or Discontinuation of Service. SMSTHEJOB PTY LTD may suspend the Service for repair, maintenance, and/or upgrade work. In such event, SMSTHEJOB PTY LTD shall aim at keeping the said interruption short and at causing as little inconvenience to you as reasonably possible. SMSTHEJOB PTY LTD reserves the right to modify or discontinue, temporarily or permanently, individual services provided by it or third parties via the Services, or the Services themselves. If a service is or the Services are to be permanently discontinued by SMSTHEJOB PTY LTD it will notify you of this fact.
(h) Contracts for Products and Services of Third Parties. The Service may also include access to products and services of independent third parties either directly or via links to sites operated by such third parties. Where reasonably possible, SMSTHEJOB PTY LTD shall indicate the products and services as third party content. Even though they may be co-branded with SMSTHEJOB PTY LTD and therefore include SMSTHEJOB PTY LTD's trademarks, the contracts for products and services provided by third parties are concluded directly between you and the third party. SMSTHEJOB PTY LTD SHALL NOT BE A PARTY TO, OR IN ANY WAY RESPONSIBLE FOR, ANY TRANSACTION CONCERNING PRODUCTS OR SERVICES MADE AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY PRODUCTS OR SERVICES OF THRID PARTIES.
3. Privacy
You may view the SMSTHEJOB PTY LTD Privacy Policy at this link http://smsthejob.com.au/privacypolicy.php As part of registering to be a user of the SMSTHEJOB PTY LTD web site you will supply details including your resume that you give SMSTHEJOB PTY LTD permission to distribute to potential Employers, Job Advertisers and Recruitment firms.4. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES YOU UNDERSTAND THAT YOUR USE OF THE SERVICE AND THE DOWNLOAD OF CONTENT IS AT YOUR OWN SOLE RISK AND THAT YOU MUST COMPLY WITH THE INSTRUCTIONS GIVEN BY SMSTHEJOB PTY LTD. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, YOU AGREE THAT SMSTHEJOB PTY LTD'S ENTIRE LIABILITY TO YOU OR ANY THIRD PERSON, AND YOUR OR ANY THIRD PERSON'S EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE SERVICE(S) PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SUCH SERVICE(S) DURING THE TERM OF THIS AGREEMENT. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, SMSTHEJOB PTY LTD, ITS SUCCESORS, LICENSORS AND CONTRACTORS (INCLUDING ANY THIRD PARTIES PROVIDING ALL OR PART OF THE SERVICES) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF SMSTHEJOB PTY LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A COUNTRY DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, SMSTHEJOB PTY LTD'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH COUNTRY.
5. Indemnification
You agree to indemnify and hold SMSTHEJOB PTY LTD, subsidiaries, affiliates, officers, agents, directors, contractors, licensors and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable legal fees.6. Intellectual Property Rights
Except as otherwise set forth herein, all right, title and interest in and to any intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Service ("SMSTHEJOB PTY LTD Intellectual Property Rights") are owned by SMSTHEJOB PTY LTD or its licensors, and you agree to make no claim of interest in or ownership of any such SMSTHEJOB PTY LTD Intellectual Property Rights. You acknowledge that no title to the SMSTHEJOB PTY LTD Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in the Service, other than the rights expressly granted in this Agreement.7. Charges
(a) There are no charges for use of the SMSTHEJOB PTY LTD job alert service. There may be a charge for a reply sms to SMSTHEJOB PTY LTD when you want to apply for a role which has been the subject of a Job Ad alert. This charge is a matter between you and your Telocumminucations carrier. Unless otherwise indicated, the charges shall be billed according to the billing method agreed upon by you and your mobile carrier.
(b) Fee Changes. All fees, including fees for existing contracts, are subject to change upon notice from SMSTHEJOB PTY LTD. SMSTHEJOB PTY LTD will provide you with reasonable notice of such change. If you do not accept the new fees (which will be applicable on a prospective basis only), you may cancel your subscription and/or your account effective immediately upon termination.
8. Termination and Cancellation of Services
To unsubscribe by text message, text "STOP" to 0447 100 255, send an email to "unsubscribe@smsthejob.com.au" or modify the sms settings inside your SMSTHEJOB account.You agree that SMSTHEJOB PTY LTD, at its sole discretion, may at any time terminate your use of the Service or individual services provided via the Services and remove and discard any content within such services, if you remain in breach of this agreement for more than seven days from notice of such breach. SMSTHEJOB PTY LTD may cancel all or any of the Services (or individual services provided via the Services) if SMSTHEJOB PTY LTD believes that you have violated or acted inconsistently with these TERMS. You agree that upon termination of your access to the Service under any provision of these TERMS, SMSTHEJOB PTY LTD may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that SMSTHEJOB PTY LTD shall not be liable to you or any third party for any termination of your access to the Service. If you cancel your account or subscription for any reason, SMSTHEJOB PTY LTD will not refund any of your sms call costs paid to date, except as provided in provision 2 of these TERMS.
CUSTOMER ALSO HAS THE STATUTORY RIGHT TO WITHDRAW FROM THE CONTRACT WITHIN 10 DAYS AFTER THE EFFECTIVE DATE OF THE AGREEMENT ("COOLING-OFF PERIOD"), PROVIDED, HOWEVER, THAT YOUR RIGHT TO WITHDRAWAL IMMEDIATELY TERMINATES IF YOUR FIRST USE OF THE SERVICE OCCURS BEFORE THE END OF THE COOLING-OFF PERIOD. TO WITHDRAW FROM THE AGREEMENT WITHIN THE WITHDRAWAL PERIOD, SEND A TERMINATION NOTIFICATION VIA E-MAIL TO "unsubscribe@smsthejob.com.au" .
9. Miscellaneous Provisions
SMSTHEJOB PTY LTD shall serve notices related to this contract by posting them on the SMSTHEJOB PTY LTD web site or by sending them to the e-mail address you have given to SMSTHEJOB PTY LTD or as a text message to your mobile phone number. Notices sent by mail shall be deemed received seven days after they were sent. Notices posted on the SMSTHEJOB PTY LTD Web site or sent by e-mail or as a text message shall be deemed received on the weekday following the day when they were posted or sent.
(b) Changes of TERMS. YOU ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT IS SUBJECT TO CHANGE BY SMSTHEJOB PTY LTD AT ANY TIME, WHICH CHANGES SHALL BE EFFECTIVE UPON POSTING SUCH CHANGES TO THE WEBSITE. ANY USE OF THE SERVICE AFTER SUCH POSTING SHALL CONSTITUTE ACCEPTANCE OF SUCH CHANGES BY YOU.
(c) Other terms, entire agreement. These TERMS are in addition to any SMSTHEJOB PTY LTD or third party terms and conditions applicable to products and services, which may be posted in connection with such products and services ("Specific Terms"). In case of any discrepancy between the TERMS and such Specific Terms, the latter shall prevail. These TERMS and any other terms or documents referred to herein represent your entire agreement with SMSTHEJOB PTY LTD with respect to your use of the Service. You understand and agree that, except as expressly set forth herein, this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement.
(d) Severability. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
(e) Waiver. SMSTHEJOB PTY LTD's failure to pursue any available claim or defence pursuant to this Agreement or otherwise will not be a waiver of such claim or defence. The headings used in this Agreement are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein.
(f) Headings. The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.
(g) Survival. In the event this Agreement terminates as provided herein, Sections 2(c)(h), 4, 5, 6 and 9 of these TERMS shall survive such expiration or termination.
(h) Governing Law and Jurisdiction. This Agreement and your use of the Website and Service shall be governed and construed in accordance with the laws of Victoria. You further agree that for any matter arising out of or pertaining to this Agreement venue shall be proper in courts and legal tribunals located in Melbourne, VIC, Australia.
