1. Definitions and interpretation

1.1. Definitions

The following definitions apply in these terms and conditions unless the context requires otherwise:

account means:

(i) in respect of an advertiser, the advertiser’s account established with us when the advertiser registered; and

(ii) in respect of a job seeker, the job seeker’s account established with us when the job seeker registered,

in each case as modified from time to time.

advertised means, in respect of job vacancy, advertised in an advertisement.

advertisement or ad means a job vacancy advertisement that is posted or intended or proposed to be posted.

advertiser means a person or entity that registers as an advertiser, and in respect of an advertisement, means the advertiser that posted, or intends or proposes to post, the advertisement.

advertising charges means our charges for advertisements as we determine from time to time and contained in the terms and conditions.

database means our database in which we store our information.

destructive code means an infection, virus, worm, Trojan horse or other code that manifests contaminating or destructive properties.

information means any document or information in any form, including electronic form.

instructions means instructions in the terms and conditions.

intellectual property rights means all intellectual property rights, including:

(i) patents, copyright, rights in circuit layouts, registered designs, trade marks, know how, trade secrets, domain names, website contents, and any right to have confidential information kept confidential; and

(ii) any application or right to apply for registration of any such the rights.

jobseeker means a person that registers as a job seeker.

our information means any information that we supply or make available in the course of supplying our services or your use of our services. It includes supplied information.

posted means posted on our website, or otherwise submitted to us for publication, in the course of using our services, and post has a corresponding meaning.

profile means:

(i) in respect of an advertiser, the advertiser’s profile contained in the advertiser’s account; and

(ii) in respect of a jobseeker, the jobseeker’s profile contained in his or her account,

in each case as modified from time to time.

register means to register with us using our services and as contemplated by the terms and conditions as an advertiser or a job seeker, as applicable, and registers and registered each have a corresponding meaning.

services means information and communication services in respect of job vacancies that we provide via our website, our smartphone applications and SMS messaging.

shortcodes means 16562, 16563 and 16564.

SMS means short message service.

supplied information means any information you give or make available to us in connection with using our services. It includes information contained in:

(i) a SMS message;

(ii) a fax;

(iii) an advertisement;

(iv) an email; or

(v) documents sent by post,

and information that you upload via our website or our smartphone applications.

terms and conditions includes:

(i) these terms and conditions;

(ii) any specific terms and conditions (including, in the case of advertisers, in respect of advertising charges) that apply in respect of the use of a particular service that we tell you or agree with you in writing or otherwise; and

(iii) instructions or directions in respect of the use of our services set out on our website (whether in these terms and conditions or elsewhere), in our smartphone applications, or in a SMS message we send you.

these terms and conditions means the terms and conditions in this document, as modified by us from time to time.

we , us or our refers to PNGJobSeek.

website means our website, www.pngjobseek.com

you , your or yourself refers to each person or entity that uses, or to which we supply, our services, including an advertiser or a job seeker. It includes a person or entity acting as an agent for someone else, and also any such agent’s principal.

1.2. Interpretation

(a) Headings are for convenience only and do not affect interpretation.
(b) A reference to a person or entity includes any person or entity.
(c) The singular includes the plural and conversely.
(d) The use of including or for example does not limit what else might be included.
(e) Only a SMS message that originates from one of our shortcodes will be taken to be a SMS message that we send, for the purposes of these terms and conditions.
(f) Where the terms and conditions say we will not be liable for or in respect of something, this means we will not be liable to you or anyone else in any circumstances for any loss or damage that arises in respect of or in connection with that thing, however arising and whether in contract or tort including negligence. In this context, “we” includes our officers, employees, agents and contractors, and “damage” includes direct, indirect, consequential or other damage that you or anyone else may suffer, and loss of profit, business interruption or the loss of data or information.
(g) Where the terms and conditions say that you must not do something or may not do something, this means you must not do that thing, and you must not permit, allow or facilitate anyone else to do that thing on your behalf or otherwise.

2. Use and supply of our services

2.1. Acceptance

(a) By using or continuing to use any of our services, including if you are an advertiser or job seeker, you accept the terms and conditions.
(b) The terms and conditions apply to our supply and your use of our services, and are to be read together.
(c) Your access to and use of our services and our information is conditional on your acceptance of the terms and conditions.
(d) Any contract that arises in respect of the use or supply of our services incorporates the terms and conditions, and is governed by the laws of Papua New Guinea.

2.2. Publication and modification

(a) These terms and conditions are published on our website.
(b) We may modify these terms and conditions at any time at our discretion, with effect from the time these terms and conditions, as modified, are published on our website. You accept that such publication is sufficient notice to you of modifications.

2.3. Refusal to supply

We may cease or refuse to supply our services to you at any time in our discretion for any reason and without notice. This includes in circumstances where the terms and conditions specifically say so, and is not limited by such specific terms and conditions.

2.4. Intellectual property

(a) We own all intellectual property rights, including copyright, in or related to our website and its functionality, our smartphone applications and their functionality, and all information, applications, software, code, tools, materials and registered or unregistered trademarks that we use, make available or publish whether on our website or in our smartphone applications or otherwise in connection with supplying our services.
(b) You must not infringe our intellectual property rights. If you do, damages will not be an adequate remedy.

2.5. Use of our information

You may use our information only for the purpose of using our services as we intend they should be used, and not for any other purpose such as an unlawful purpose or a commercial purpose we have not specifically approved. Without limitation, you must not:

(a) sell, supply or resupply any of our information; or
(b) use data mining, robots, screen scraping or any other data gathering or extraction tool to gather or attempt to gather our information, from our website or elsewhere.

If we ask you to stop using any of our information for any reason, you must do so immediately. Damages will not be an adequate remedy if you breach this provision.

2.6. No advice, endorsement or assurance

(a) None of our information, or the supply of any of our services, may be regarded as advice or any endorsement or recommendation by us or anyone else.
(b) We give no assurance that our information is accurate or complete, which you must evaluate and assess yourself.
(c) We will not be liable in respect of any action taken, decision made or contract (including an employment contract) entered into in reliance on or in connection with the supply of our services or our information.

2.7. Supplied information

Any supplied information you give or make available to us, must:

(a) be complete and accurate in all material respects and must not be misleading or deceptive including by omission;
(b) not contain any destructive code.

By giving supplied information to us, you grant us an irrevocable, perpetual, non-exclusive royalty free licence to use it in such manner as we determine to the extent permitted by law, including full authority, to the extent permitted by law, to collect, store (in our database or elsewhere), collate, interpret, supply, resupply, distribute, transmit, reproduce and create derivative works from it in such manner as we determine. While we will take reasonable care to maintain the privacy of supplied information as required by law, it is possible that supplied information could be unlawfully gathered, used or observed. We will not be liable in respect of any such unlawful gathering, use or observation of any supplied information.

2.8. Legitimacy of advertisements

While we will try to ensure that all advertised job vacancies are legitimate and authentic and remain open while the advertisement is live, but we give no assurance of this. An advertised job vacancy may be filled before its advertisement expires or is removed.

2.9. No assurances as to supply etc

(a) We give no assurance that we will continue to supply our services, either at all or without interruption, errors or defects, or that any information downloaded from our website or our smartphone applications or that we send you in electronic form (such as by email) in the course of providing our services will be free of destructive code.
(b) We will not be liable in respect of destructive code. It is your responsibility to protect against destructive code.

2.10. Other websites

Our website and smartphone applications may contain links or pointers to websites controlled or maintained by others. This is for your convenience, but we do not in any way endorse such other websites and we will not be liable for any content or information that may be contained on or available from them.

2.11. Changes to our services

We may at any time without notice and in our discretion alter the functionality or appearance of our services, including our website and our smartphone applications.

3. Registration and account

3.1. Registration

You may register with us as set out in instructions to gain access to additional services that we supply only to registered users.

3.2. Account and password

Upon registration, we will establish an account for you under your username which will include your profile, and allocate you a password.

3.3. Username

Your username will be:

(a) your mobile telephone number, if you are a jobseeker, which will be used for sending and receiving SMS messages to our shortcodes; or
(b) the username you select during registration, if you are an advertiser.

3.4. Use and changing of username and password

(a) Access to and operation of your account will always require your username and password.
(b) You may change your username and password from time to time by following the instructions.
(c) You are entirely and solely responsible for maintaining the confidentiality of your username and password, and for all use of our services under or in connection with your username and password.
(d) If you are a jobseeker, you must ensure your username matches your mobile phone number.
(e) You must indemnify us and our officers, employees, agents and contractors in respect of any unauthorized use of your username or password or of our services using your username and password.

3.5. Charges applicable to jobseekers and payment

(a) This section applies only to jobseekers.
(b) You will be charged for using our services such charges as we determine from time to time (which we may publish on our website) by way of charges levied and collected by your SMS service provider for SMS messages that you send to or receive from one of our shortcodes.
(c) You must pay these charges, as levied, to your SMS service provider.
(d) Your SMS service provider will share a proportion of such charges with us under contractual arrangements.

3.6. Charges applicable to advertisers and payment

(a) This section applies only to advertisers.
(b) You will be charged for using our service as set out in the terms and conditions.
(c) You must pay advertising charges, and any other fees or charges as set out in the terms and conditions, for the services that we supply to you. You must pay regardless of whether you fully utilise such services.
(d) We will invoice you for fees and charges for which you are liable, and the amount of each such invoice must be paid to our account detailed in the invoice by electronic funds transfer within 14 days after the date of the invoice. Invoices will be posted electronically to your account. Pending receipt of payment, your access to and use of our services may be restricted. For example, we may limit your access to jobseeker applications in response to an advertisement.
(e) We may charge you, and if we do you must pay on demand, interest (calculated and debited daily) on amounts that you owe us from and including the due date for payment up to the date of payment, at a rate equal to our bank’s then applicable indicator lending rate plus 2% (which is a genuine pre-estimate of our cost of funds).
(f) You must indemnify us for any costs and expenses (including legal costs on a full indemnity basis) that we incur in recovering from you any amounts that you owe to us.
(g) If you do not pay an amount that you owe us on or before the due date for payment, we may, in our discretion and without notice, disable your account, or suspend or cease supplying all or any of our services to you.
(h) You may not ask or require any jobseeker to pay any amount on any account whatsoever to you or anyone else and whether using our services or otherwise for or in connection with applying for any advertised job vacancy.

3.7. Restrictions on use of our services

You must not use any of our services:

(a) for, or in pursuance of or in connection with, any unlawfaul purpose;
(b) for, or in pursuance of or in connection with, any purpose not specifically approved by us, including any pyramid scheme or to send unsolicited communications to jobseekers, advertisers, or anyone else;
(c) in any manner that will, or would in our opinion be likely to, harass, abuse, libel, defame, threaten, vilify, cause offence to or invade the privacy of anyone else;
(d) in any manner that would breach our intellectual property rights, or those of anyone else;
(e) in any manner that would breach any applicable law; or
(f) in any manner that would breach the terms and conditions.

None of these paragraphs limits any of the others.

3.8. Supply or resupply of our services generally not permitted

(a) You must not supply or resupply to anyone else any of our services that you use or that we supply to you other than as specifically permitted in the terms and conditions or with our consent which we may withhold in our discretion. Our consent may be given conditionally.
(b) If you are an advertiser that is a recruitment or employment agency, we will ordinarily agree specific arrangements with you in the terms and conditions in respect of your resupply of our services to your clients. Without limitation, where we consent to you resupplying our services, any advertisement that you post must refer to and identify (by brand) both your business and that of your client to which you have resupplied our services in respect of the job vacancy that is the subject of the advertisement.

4. Advertisements

4.1. Application

This section applies only to advertisers.

4.2. No external links etc

You must not insert any link or pointer to any website or any externally hosted form:

(a) in any advertisement;
(b) in your account; or
(c) in your profile,

without our prior written consent which we may withhold in our discretion.

4.3. No references to other brands or businesses

An advertisement you post may not refer, directly or indirectly, to any business or brand other than a business or brand directly associated with or owned by you or an entity associated with you, without our prior written consent which we may withhold in our discretion.

4.4. Proper categorisation

You must ensure that all advertisements are posted to the appropriate job category as set out in instructions, and that all information for the advertisement is inserted in the correct data field as set out in instructions. We may modify or re-categorise advertisements that have not been posted properly as set out in instructions.

4.5. One job vacancy per advertisement

An advertisement may not advertise more than one job vacancy, without our prior written consent which we may withhold in our discretion. If we give consent, we may require payment of additional advertising charges.

4.6. Expiry and removal

(a) Each advertisement will expire, and will be removed, 30 days after it is posted, or if you extend it (which you may do more than once), 30 days after the day it would otherwise have been removed if you had not extended it.
(b) You may remove an advertisement before it expires, by following the relevant instructions.
(c) We may remove an advertisement before it expires in circumstances where the terms and conditions say we can.

4.7. New advertisements

You will be regarded as posting a new advertisement, and additional advertising charges will apply accordingly, if you extend an advertisement, or you change an advertisement before it expires in such a way that we reasonably determine that it is a new advertisement or an advertisement for a different job vacancy.

5. Limitation of liability and disclaimer

5.1. No liability for advertisements

(a) We will not be liable for any information contained in any advertisement, or for any error, inaccuracy or misrepresentation in any advertisement.
(b) Our services do not include checking advertisements for accuracy, legitimacy or otherwise.
(c) Advertisers are solely responsible for checking their advertisements before they are posted and for making sure they are complete, accurate and correct and free of any misleading or deceptive statement or representation.

5.2. No liability for supplied information

(a) We will not be liable for any supplied information that becomes part of our information, or for any representation made by a job seeker to an advertiser or anyone else in any supplied information.
(b) Our services do not include vetting or checking job seekers or their supplied information for accuracy, legitimacy or otherwise.
(c) We will not be liable for any job seeker’s supplied information.