PART A – Defined Terms
Advertiser means individuals or entities that post job ads on our Website or otherwise use our Website to source potential Jobseekers for job vacancies.
WAGFG Jobs means West Australian Good Food Guide Awards Pty Ltd ACN 617 115 223 as trustee for the West Australian Good Food Guide Awards Unit Trust ABN 45 263 963 880 and any of its assigns, successors, subsidiaries, agents, employees, representatives, officers, directors, affiliated entities and / or related bodies corporate.
Jobseeker means an individual who uses the Website for the purpose of obtaining employment in the Western Australian hospitality sector.
Claims means claims, losses, disputes, damages, differences, demands, notices, suits, actions, proceedings, expenses and liabilities, whether legal or equitable, under statute or otherwise of whatever nature and howsoever arising.
CV means, in the case of a Jobseeker, Your curriculum vitae or resume summarising Your history of employment, education and skills that You submit via the Website.
Employment Arrangement means the employment arrangement pursuant to which a successful Jobseeker is engaged as an employee by an Advertiser.
Job Advertisement means a job advertisement placed by the Advertiser on the Website from time to time.
Services means an online platform facilitating interaction between Advertisers and Jobseekers for the purposes of advertising work opportunities and obtaining employment in the Western Australian hospitality sector.
Terms means these terms and conditions, as amended, updated and supplemented from time to time.
Website means jobs.wagoodfoodguide.com
You means You, the person accessing or using the Website either personally or on behalf of another person or entity in Your capacity as an Advertiser or Jobseeker, as the case may be (and Your has a corresponding meaning).
1. Application 1.1 These Terms govern the use or access by You of the Website and Services, or other content provided to You by or on behalf of WAGFG Jobs.
1.2 These Terms constitute a legally binding agreement between You and WAGFG Jobs, to the exclusion of all other agreements, representations, terms or rules. By using or accessing the Website or Services, You agree to be bound in full by these Terms.
2.2 You are responsible for ensuring all information submitted to the Website is current, complete, and up to date at all times. You warrant that all information submitted by You is accurate and truthful. You are responsible for all activity that occurs on Your WAGFG Jobs account and You agree to maintain the security and secrecy of Your account and login credentials.
2.3 WAGFG Jobs assumes no responsibility and shall not be liable for any Claims arising from errors, technical issues, system outages, malfunctions or malware, viruses or other platform or system errors on account of Your access to or use of the Services or the Website.
3. Nature of services 3.1 WAGFG Jobs is an online platform enabling a potential Jobseeker to browse Job Advertisements and submit their CV for the purposes of obtaining employment in the Western Australian hospitality sector. WAGFG Jobs does not itself provide any recruitment or quality-verification services to either the Jobseeker or the Advertiser. The Services are made available for Your private and confidential use only.
3.2 You acknowledge and agree that, for the purposes of any Employment Arrangement:
- a.) WAGFG Jobs is not an agent for the Jobseeker or the Advertiser; and
- b.) WAGFG Jobs is not a party to the Employment Arrangement and bears no responsibility or liability to the Jobseeker or the Advertiser in respect of the same. 3.3 Any terms You enter into in relation to the work to be provided as part of the Employment Arrangement will be binding as between the Jobseeker and the Advertiser only.
- 3.4 Any payments to be made as a term of the Employment Arrangement are as between the Jobseeker and the Advertiser only.
4. Fees and cancellations 4.1 In consideration of WAGFG Jobs providing You with the Services, You agree to pay the applicable fees set out in the Website or otherwise disclosed to You in writing.
4.2 Orders for the provision of the Services are final and non-refundable unless otherwise determined by WAGFG Jobs in its absolute discretion or as set out in these Terms.
5. Complaints 5.1 Should You wish to make a complaint regarding the Services, You must contact us via the Website or email at [email@example.com] .
5.2 Subject to these Terms, if WAGFG Jobs determines that the Services do not comply with Australian Consumer Law, WAGFG Jobs will refund to You the cost of the Services, and thereafter Your complaint will be finalised and You will have no further rights or Claims against WAGFG Jobs in relation to the provision of the Services.
6. Intellectual Property Rights 6.1 All rights in and to the Website and the Services belong to WAGFG Jobs and Your use of them does not constitute any transfer or assignment of proprietary rights to the same. WAGFG Jobs owns all intellectual property rights in and to the Website and the Services, including all trade marks, copyright, branding and other indicia.
6.2 You must not use, remove or republish such intellectual property other than as expressly set forth in these Terms. You must not attempt to reproduce, reverse engineer, or obtain access to any aspect of the system or network underlying the Website or the Services. You must not, either directly or indirectly, authorise any third party to do any of the things set out in this clause.
7.1 For the purposes of this clause, “Confidential Information” means any documents or information created, received or obtained by an Advertiser, a Jobseeker, WAGFG Jobs or any other party in respect of the Services or any Employment Arrangement. In relation to WAGFG Jobs, Confidential Information also includes all non-public information pertaining to WAGFG Jobs’ business (including, without limitation, our pricing information, the identity or participation of specific Advertisers or Jobseekers, and any content marked confidential).
7.2 You must:
7.3 WAGFG Jobs will not disclose or make available to any third-party, directly or indirectly, Your Confidential Information, save as where:
- a.) not use, disclose, solicit, make available or misappropriate any Confidential Information without WAGFG Jobs’ prior written permission; and
- b.) hold all Confidential Information in trust and confidence, and not disclose, misappropriate or make available to any third-party, directly or indirectly, any confidential Information, save as where compelled by law, to Your legal advisors, and/or where such information is already in the public domain.
- a.) to its legal or financial advisors;
- b.) if compelled by law;
- c.) with Your permission (express or implied);
- d.) where the Confidential Information is already in the public domain (other than by reason of a breach of this Agreement);
- e.) in furtherance of Your use of, or for the purposes of improving or updating, the Services; or
- f.) for the purposes of enforcing these Terms.
8. Accurate information 8.1 You warrant and represent that the information You provide to WAGFG Jobs is and shall remain complete, accurate, true and correct and that You will update or correct information held by WAGFG Jobs as soon as possible after any changes.
8.2 You are solely responsible for all information and any content (including for example, written text, tags, data files, articles, opinions, comments or any other information or content) You add to Your account, upload or send via the Website or otherwise provide in relation to the Services or the Employment Arrangement (“User Content“). Under no circumstances whatsoever shall WAGFG Jobs be liable to You or to any other person or entity for Your participation in, or use of, our Website. WAGFG Jobs has no responsibility to review or approve User Content.
8.3 You must not post or upload any User Content that is unlawful, infringing or defamatory. You warrant and represent that You own all intellectual property rights in the User Content, alternatively where You are not the author, You warrant and represent that You have all
necessary rights and approvals to upload or post the User Content. You agree to indemnify, defend and hold WAGFG Jobs, our officers, directors, employees, agents and representatives harmless from and against all claims, damages, losses, costs (including reasonable legal fees), or other expenses that arise from or in relation to User Content posted by You.
8.4 You grant to WAGFG Jobs a royalty free, worldwide licence to use and reproduce any User Content for WAGFG Jobs’s operational, business or marketing purposes, including the right to reproduce, amend, modify or change the User Content.
9. Non-Reliance 9.1 WAGFG Jobs is not responsible for the scope or performance of the Employment Arrangement, deliverables, representations or statements made by You or the quality of work provided by You pursuant to an Employment Arrangement.
9.2 You understand and agree that:
- a.) WAGFG Jobs bears no liability with respect to any interactions between a Jobseeker and an Advertiser either before or following the Employment Arrangement; and
- b.) we do not endorse any knowledge, opinions or information provided by You during the course of the Employment Arrangement.
10. No guarantees 10.1 WAGFG Jobs gives no guarantee to You of the continued availability of any Job Advertisement and will not be liable to You should an Advertiser have filled the vacancy at any time prior to removal of the Job Advertisement from the Website.
10.2 Whilst WAGFG Jobs makes no guarantees as to the existence or nature of job vacancies advertised on our Website.
11. Social media 11.1 You must not publish, on or in connection with the Website or the Services, anywhere in the world any comments or statements which are false, defamatory, abusive, or which constitute harassment or contain offensive language concerning WAGFG Jobs or the Services. The above applies to any social media or other publicly available profiles held or maintained in relation to WAGFG Jobs.
12. Limitation of liability
12.1 WAGFG Jobs does not warrant the accuracy or completeness of the CV or the Job Advertisement (including but not limited to any representations made in the CV or the Job Advertisement);
12.2 To the maximum extent permitted by law and unless otherwise set out in these Terms:
- c.) WAGFG Jobs disclaims all responsibility and liability in relation to any Claims arising out of or in any way connected with Your use of the Services;
- d.) all rights, remedies, conditions, guarantees and implied and express warranties in respect of any goods or services provided by WAGFG Jobs are hereby excluded;
- e.) WAGFG Jobs will not be liable for any Claims for indirect, punitive, special or consequential losses arising out of Your use of the Services;
- f.) WAGFG Jobs’s liability to You, if any, will be reduced or limited by Your contribution to the loss or damage suffered and shall in any event be limited to sum paid by You for the Services supplied; and
- g.) You indemnify and hold harmless WAGFG Jobs from any and all Claims arising out of or in connection with Your use of the Services.
13. Third-Party Business Associates 13.1 Any third-party business associates of WAGFG Jobs identified on the Website are independent contractors of WAGFG Jobs. The third-party business associates are not joint ventures or partners of WAGFG Jobs. No employee or representative of the business associates is under the control of WAGFG Jobs and WAGFG Jobs is not liable for any acts or omissions thereof.
14. No partnership 14.1 Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between us and any Jobseeker, or us and any Advertiser.
15. General 15.1 Amendment
These Terms may be updated or amended from time to time. Amendments or updates will be published at this location or notified via email and will be effective upon publication. Your continued use of the Services constitutes Your acceptance of any amendments or updates to the Terms.
15.5 Governing Law
Your rights and obligations under these Terms are personal and cannot be assigned, without the prior written consent of WAGFG Jobs. WAGFG Jobs may assign, encumber or otherwise deal with its rights and obligations under these Terms to any third party without prior notice to or consent from You.
No failure, delay, relaxation or indulgence on the part of WAGFG Jobs in exercising any power or right conferred upon it by these Terms will operate as a waiver of such power or right nor will any single or partial exercise of any such power or right nor any single failure to do so, preclude any other or future exercise thereof, or the exercise of any other power or right under these Terms.
If anything in these Terms is unenforceable, illegal or void, then it is severed and the rest of the Terms remain in force.
These Terms are governed by and must be construed in accordance with the laws of Western Australia. Subject to Your obligations to adhere to the dispute resolution processes set out above, You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Western Australia and all courts which have jurisdiction to hear appeals from those courts, and waives any right to object to proceedings being brought in those courts for any reason.
If You have a question, problem or complaint or need to contact us please do so at the below: