SEEK Business - Advertising Terms of Use
Application of these Terms
- These SEEK Business Advertising Terms of Use (Terms) will apply when you:
- create an account with us (or attempt to do so);
- have, or have access to, an account with us;
- post, or attempt to post, an advertisement (also referred to as an "ad") on our SEEK Business website (Website or Site);
- utilise, or attempt to utilise, any of our other products and services which are offered under our SEEK Business brand. This excludes your use of our products and services in the capacity of a business seeker; or
- otherwise agree to be bound by these Terms.
- These Terms will bind both the relevant individual and any business or organisation they represent (or claim to represent) and references to "you" and "your" (and related terms) should be read accordingly.
- Your access to, and use of, our products and services is conditional upon your acceptance and continued compliance with these Terms. For the avoidance of doubt, all references in these Terms to "our products and services" includes our Website and apps (which incorporates all features and functionality).
- The Site is owned and operated by SEEK Business Pty Ltd (ABN 33 122 162 029) (SEEK Business). References to "we" and "us" (and related terms) means SEEK Business unless otherwise stated.
Definitions
- For the purposes of these Terms:
- Applicable Laws means all laws, regulations, by-laws, ordinances, codes of conduct, implementing rules / regulations and issuances from authorised bodies that apply to you and your use of our products and services.
- Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth), as may be amended from time to time.
- Credit Laws mean any applicable credit related laws, regulations, implementing rules and regulations and the relevant issuances from authorised bodies, as amended or superseded from time to time.
- Detrimental Change has the meaning given in clause 7 of these Terms.
- Notice Period has the meaning given in clause 7 of these Terms.
- Personal Information means information (including Sensitive Information) that identifies an individual or could reasonably identify an individual, including facts and opinions, whether they are true or not. In certain jurisdictions, the term "Personal Data" is used under applicable Privacy Laws, which means any information relating to an identified person, or a directly or indirectly identifiable individual. References to Personal Information in these Terms include a reference to Personal Data, where applicable.
- Privacy Laws means the privacy and data protection laws as may be in force from time to time in a particular jurisdiction which regulates the collection, use, disclosure, storage of and granting of access rights to Personal Information. Privacy Laws include but are not limited to the Australian Privacy Act 1988 (Cth) (including the Australian Privacy Principles).
- Sensitive Information - certain categories of Personal Information as defined under Privacy Laws that may include information or opinion about an individual's racial or ethnic origin, political opinion or associations, religious beliefs, trade union memberships or associations, sexual orientation, criminal record including any proceedings for any offence committed or alleged to have been committed by such individual (including the disposal or result of such proceedings), health and genetic information, or government-issued identification, provided the information or opinion otherwise meets the definition of Personal Information.
- Small Business means a party to a small business contract, as that term is defined in the Australian Consumer Law.
Variation of Terms
- Subject to clauses 7 and 8, we may vary these Terms from time to time and the updated version will apply to you. Our current Terms will be accessible through our Site.
- You will be notified of any changes to these Terms which we reasonably believe will be materially detrimental to you (Detrimental Change) 30 days prior to them taking effect (Notice Period).
- In the event of a proposed Detrimental Change, you may elect to terminate the relevant aspect of your agreement with us during the Notice Period by providing at least 5 days' written notice. For the avoidance of doubt, your agreement with us in relation to products and services not subject to the Detrimental Change will otherwise remain on foot (to the extent possible).
Payment
- You agree to pay for SEEK Business's products and services in the manner specified by SEEK Business from time to time.
- SEEK Business reserves the right to change, from time to time, the prices it charges for the products and services. You agree to pay the prices stated at the time you purchase the products and services.
- All prices quoted for SEEK Business's products and services are exclusive of GST unless otherwise expressly stated. GST will be added to such prices and charged to you at the time of payment.
- All amounts owing to SEEK Business must be paid at the time of purchase unless SEEK Business has consented otherwise.
- If you purchase an Ad Pack you may, within 3 days of the time of purchase, cancel your order and SEEK Business will refund your payment.
- You are obliged to pay for the products and services that SEEK Business agrees to provide you with regardless of whether you utilise or fully utilise those products and services. If you do not provide SEEK Business with the necessary materials or information for SEEK Business to deliver these services to you, you are still liable to SEEK Business for full payment.
- If you do not pay your invoice on time, we will notify you and if your invoice remains unpaid 10 days after receiving our notice reminding you of your payment obligation, we may disable your account (and any other accounts you hold with us, without further notice) and we are not obliged to supply further products or services. This clause does not apply to any reasonably disputed charges that you have notified us about, provided that you act in good faith. If you dispute any charges, please contact us as soon as possible to discuss your concerns. We may charge you any costs we reasonably incur as a result of collecting your payment if you do not pay your invoice on time and fail to pay within 10 days of being notified by us. This clause does not apply to any reasonably disputed charges that you have notified us about, provided that you act in good faith.
- You agree that (in compliance with any applicable Privacy Laws, Credit Laws and other Applicable Laws) we may obtain from either a credit reporting agency / bureau or other credit providers credit information about you (including personal credit information) and/or your directors or a consumer credit report about you for the purpose of collecting overdue payments relating to commercial credit owed by you.
- You agree that we may disclose information to a credit reporting agency or interested persons as reasonably necessary and only to the extent allowable under applicable Privacy Laws, Credit Laws and other Applicable Laws. You will confirm your consent to such disclosure in writing if we require. The total amount/s invoiced by us to you will be subject to, and inclusive of, all indirect transaction taxes (if applicable) and any other applicable taxes as required by Applicable Laws from time to time (including Applicable Laws that apply to us). Invoiced amounts may differ from what is quoted in our agreement with you in certain circumstances (e.g. where the tax rate changes or new taxes are introduced).
- Where required, you must provide appropriate withholding tax documentation to support any amounts of tax withheld from settlement of an invoice. If you fail to do so, we are not obliged to supply you with further products and services.
Intellectual Property Rights
- SEEK Business owns all intellectual property rights associated with our Website. Subject to clause 20, SEEK Business retains all intellectual property rights in our Website.
- We do not own any pre-existing intellectual property owned by you (an example of which may be your company logo). However, you agree to provide us with a perpetual, non-transferable, royalty free licence to use your intellectual property in the products and services we provide (or make available) to you. If you withdraw this licence, we may be unable to provide certain products and services to you.
Limitation of Liability and Disclaimer
- Nothing in these Terms restricts, excludes, modifies or purports to restrict, exclude or modify any guarantees, rights or remedies which you may have under applicable statutory consumer guarantees, including under the Australian Consumer Law or equivalent State or Federal laws.
- Subject to clause 21 and to the maximum extent permitted by law, SEEK Business provides no warranty to you that services generally available through the Site will be uninterrupted or error free. SEEK Business agrees to use its reasonable endeavours to ensure that any disruptions to or a denial of access to the SEEK Business Website will be remedied as quickly as possible.
- To the maximum extent permitted by law, our liability for breach of any statutory consumer guarantee or other term (whether implied or otherwise) which cannot be excluded by law, is limited at our option to either, the supply of the products or services (or the equivalent products or services) again or the payment of the cost of having the products or services supplied again.
If you are a Small Business, clause 24 applies:
- Subject to clause 23 and to the maximum extent permitted by law:
- except in the case of our fraud or wilful misconduct, our maximum aggregate liability to you in connection with these Terms, whether in contract, tort (including negligence) or otherwise, is limited to the greater of:
- $1,000; and
- 6 times the fees paid by you in the month prior to the liability arising.
- neither party will be liable to the other party for any indirect, consequential, special, punitive loss or damage or for loss of profit or business interruption, even if we are informed of their possibility.
If you are not a Small Business, clause 25 applies:
- We (including our officers, employees, agents and contractors) will not be liable in any way to you or anyone else for any loss or damage, however it arises out of or in connection with your access and use of our products and services. We will not be liable for any direct, indirect, consequential, special, punitive or other damages that you or others may suffer, as well as damages for loss of profit, business interruption or the loss of data or information, even if we are informed of their possibility.
- To the maximum extent permitted by law, we accept no responsibility or liability for any errors in your advertisements and you must check your advertisements for errors as soon as they are placed on our Site.
- SEEK Business agrees to use reasonable efforts to publish advertisements in the shortest possible time.
- SEEK Business cannot and does not guarantee or warrant to the you that data and files available for downloading through the Site or delivered via electronic mail through the Site, or features and products available through the Site, will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
- SEEK Business acts as a medium through which individuals seek business opportunities. SEEK Business does not vet, nor is it responsible for vetting, business seekers or the representations made by them whether oral or in writing.
Changes to the Site
- Subject to the "Variation of these Terms" procedure set out in clauses 6 to 8 (inclusive) and to the maximum extent permitted by law, SEEK Business may, at any time, without notice nor liability to you:
- alter the functionality and/or appearance of its products and services available from SEEK Business or the SEEK Business Website itself, including but not limited to advertisements on the SEEK Business Website and/or as they are represented on mobile communication devices; and
- perform maintenance on or in respect of the SEEK Business Website to ensure its satisfactory operation, which maintenance may affect the availability or functioning of the Site.
Your Obligations
- You warrant and agree that:
- you have the legal capacity and power to agree to be bound by these Terms (which includes binding the business or organisation you represent) and perform the obligations under them;
- advertisements and other works posted on the Site by you (or on your behalf) do not breach the intellectual property rights of any third party;
- you will not perform any action that introduces any virus, worm, defect, Trojan horse, malware or any item of a destructive nature into our systems or the systems of those that use our products and services;
- you will maintain security controls to reasonably secure your systems and data (including Personal Information of business seekers) from misuse, interference, loss and unauthorised access, modification or disclosure;
- you will use our products and services (which includes any information and data accessed via our products and services) in accordance with all Applicable Laws; you will not use our products or services to upload, download, transact, store or make available content or data that is unlawful, harassing threatening, harmful, tortious, defamatory, libellous, illegally discriminatory, abusive, violent, obscene, invasive of another's privacy, racially or ethnically offensive or otherwise, in our reasonable opinion, objectionable or damaging to us, the users of our products or services or persons generally, and you may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from our products and services including code and software (unless we expressly authorise such action); and
- if you have engaged a third party provider to obtain data and/or obtain products or services from the Site on your behalf, you understand that a breach of these Terms by that provider will also be deemed to be a breach of the relevant Terms by you, and SEEK Business will have the right to take action against you on account of that breach (even if you had no knowledge of, and no involvement in, the breach).
- To enable you to utilise SEEK Business's products and services, you will be provided with one or more password protected accounts (as SEEK Business deems appropriate). You are obliged to monitor the usage of those accounts and you will be liable for any products and services purchased through their use. However, you will not be liable for such purchases if the misuse of your account is directly caused by our negligence.
- You may not assign or transfer any rights and obligations pursuant to these Terms to any other person or entity without SEEK Business's prior written approval (which will not be unreasonably withheld). If you are a company, any change in your effective control shall be deemed an assignment for the purpose of this clause.
- You indemnify, and will keep indemnified, us and our officers, employees and agents against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by us or them as a direct result of:
- any fraud or wilful misconduct by you;
- any negligent act or omission by you; or
- any breach of any Applicable Laws by you.
Each party's liability under these Terms will be reduced to the extent that the relevant loss or damage was caused or contributed to by the other party.
- Except as otherwise permitted under these Terms, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Site including code and software.
- You may not use data mining, robots, screen scraping, or similar automated data gathering, extraction or publication tools on this Site (including without limitation for the purposes of establishing, maintaining, advancing or reproducing information contained on our Site on another website or in any other publication), without SEEK Business's prior written approval.
- You may not to post any pyramid scheme on the SEEK Business Website nor ask or require any business seeker to pay a fee, charge, cost or any money whatsoever to make an enquiry about an advertisement on the SEEK Business Website. Such fees, charges, costs or monies may not be asked or required of the business seeker in the advertisement itself nor in any communication with the business seeker that takes place as a result of an advertisement placed on the SEEK Business Website;
- You may not use any feature of the SEEK Business Website to send unsolicited commercial email to others, whether individually or as a group. Any tools made available by SEEK Business or used in connection with the SEEK Business Website may only be used to communicate with others about the specific advertisements they have posted to the SEEK Business Website or the advertisements to which they have responded. Database tools may only be used to communicate with others about specific businesses which match your preferences.
- You must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to SEEK Business without SEEK Business's prior written approval.
- From time to time, we may make promotional offers available to you. Unless expressly stated in the offer terms, a promotional offer cannot be transferred by another party. Any breach of the terms of a promotional offer (which includes transferring the offer to another party where not expressly permitted) will constitute a breach of these Terms.
Fair use and appropriate conduct
- We reserve the right to reject your request to register an account with us if we believe on reasonable grounds that you are unlikely to comply with our Terms, likely to pose a security threat in any way (including to business seekers or our systems) or likely to cause damage to our brand or reputation.
- Once you have registered an account with us, if we believe on reasonable grounds that you are:
- likely to pose a security threat in any way (including to business seekers or our systems); or
- likely to cause damage to our brand or reputation,
we reserve the right to:
- remove your advertisements from our Website;
- refuse to supply products and services to you; and / or
- suspend or terminate your account immediately.
We will act reasonably in exercising our rights under this clause, which may include notifying you of our proposed actions in advance (if we believe this is appropriate). You will not be entitled to any compensation or refund in the event we do exercise our rights under this clause.
- Without limiting clause 41 and subject to clause 44, we will notify you if we believe on reasonable grounds that you have used our products and services improperly. If you continue to use our products and services improperly, we reserve the right to take any action that we think is reasonably necessary to remedy and prevent the improper use. This may include (but is not limited to):
- removing your advertisements from our Website;
- reducing or removing any discounts stated in our agreement with you;
- refusing to supply products and services to you; and / or
- suspending or terminating your account.
You will not be entitled to any compensation or refund in these circumstances.
- If we believe on reasonable grounds that you are knowingly using our products improperly, we will not be required to provide you with prior notice and we may immediately take any of the actions permitted by clause 43. You will not be entitled to any compensation or refund in these circumstances.
- Everyone is entitled to work in an environment that is free from abuse, bullying, harassment, discrimination and other inappropriate conduct (Inappropriate Conduct). If you display any Inappropriate Conduct to our staff at any time (as determined by us, acting reasonably), we reserve the right to:
- reject your request to register an account with us;
- refuse to supply products and services to you; and / or
- suspend or terminate your account immediately (which may include removing your ads from our Website).
You will not be entitled to any compensation or refund in these circumstances.
- If you dispute our actions (or proposed actions) under clauses 41 to 45 (inclusive), you may notify us and we will consider your dispute promptly and in good faith.
Misuse of data, including on-selling
- You may not under any circumstances provide any Personal Information of business seekers that you have obtained through your use of the Site to any other party, including to any affiliate or related party of yours, except where permitted under Applicable Laws (unless SEEK Business or the business seeker has otherwise consented to this). This restriction applies whether or not you receive (or will receive) a financial benefit from the provision of the information to another party.
- SEEK Business takes its obligations under Privacy Laws and other Applicable Laws extremely seriously, and is resolute in its determination to prevent the misuse of Personal Information. If SEEK Business believes that you have misused Personal Information obtained through the use of the Site for any reason, SEEK Business reserves the right to:
- immediately suspend or terminate your account, and/or suspend or terminate the account of any party that has received Personal Information from you in breach of these Terms;
- report any potential contraventions of applicable Privacy Laws or other Applicable Laws by you to the relevant authorities; and/or
- take legal action against you seeking any available remedies, which may include the award of monetary damages.
Placing Advertisements
- You must ensure that all advertisements posted to the Site comply with all Applicable Laws, including but not limited to those relating to:
- the advertising of business ownership opportunities;
- anti-discrimination and equal opportunity;
- consumer protection (including prohibitions on misleading and deceptive conduct); and
- privacy and data protection.
- You are not permitted to insert links to an external website or an externally hosted application form within the details of an advertisement (including from the apply functions) without SEEK Business's express written approval which may be granted withheld or withdrawn at SEEK Business's discretion.
- You may only post an advertisement to the Site that is a genuine business opportunity for which you are currently seeking a purchaser at the time of posting. SEEK Business reserves the right to request any information from you that it deems necessary to verify that a genuine business opportunity exists. If you fail to provide this information within a reasonable time following such a request, SEEK Business reserves the right to (at its discretion, acting reasonably):
- immediately suspend your Advertisement and/or account;
- terminate your account; and/or
- take legal action against you seeking any available remedies provided by law, which may include the award of monetary damages.
- If your advertisement makes any claims regarding expected or potential earnings, profit or other financial performance metrics, you must on request provide SEEK Business with evidence substantiating such claims. If your fail to do so within 3 days following such a request, SEEK Business reserves its rights to immediately suspend your advertisement.
- You may not post advertisements to the Site related to a business located outside of Australia or New Zealand without SEEK Business's express written approval. SEEK Business reserves the right to charge you our then applicable standard casual rate for any advertisement posted in breach of this clause.
- You must ensure that advertisements posted to the Site are posted to the appropriate category of the Site. It is your responsibility to ensure that you familiarise yourself with the advertising requirements of each available category on the Site to ensure appropriate placement of advertisements.
- Advertisers must ensure that all information entered into any data entry field, as part of the advertisement classification process, relates directly to the relevant data field category. SEEK Business reserves the right to amend, alter or remove any information that does not meet this requirement.
- SEEK Business reserves the right and Advertisers must accept as a condition of advertising on the Site, SEEK Business's right to re-classify advertisements posted to the Site, entitling SEEK Business to withdraw advertisements from one category of its Site and to re-publish advertisements in another category on the Site.
- Standard advertisements are valid for 30 days, although you can choose to expire the advertisement earlier.
- The following actions constitute a new/additional advertisement for which you will be charged:
- copying an advertisement;
- reposting an archived or deleted advertisement; and
- extending an advertisement which adds 30 days to the life of the advertisement (unless you choose to expire the advertisement earlier) and this can occur on multiple occasions (each extension resulting in a new/additional advertisement)
- Changes to advertisement body copy and title or location, industry and investment level categories within the existing zone do not constitute a new/additional advertisement.
Business Brokers
- Any advertisements (including but not limited to Boosted Ads) acquired by you from SEEK Business must not be on-sold or supplied by you to third parties unless you are a business broker and supply business broker services (as approved by SEEK Business) in conjunction with the advertisements (including but not limited to Boosted Ads)
- Where you are a business broker and in accordance with clause 60 on sell or supply advertisements acquired by you from SEEK Business, those ads must be branded with your business broker brand or co-branded with both your business broker brand and the brand of your client to whom the advertisement has been on sold or supplied.
- If you breach either or both of clauses 60 and 61, then SEEK Business, in addition to our other rights under these Terms, reserves the right to charge you the casual advertiser price for each advertisement, (including Boosted Ads) placed by you on the Site in breach of those clauses.
Private Advertiser
If you utilise the "Private Advertiser" function then clauses 63 to 65 (inclusive) apply to you:
- At the time of collection of a business seeker's Personal Information, or as soon as practicable thereafter, you warrant to SEEK Business that you will:
- advise the business seeker (by way of notice in writing) that any Personal Information you collect about them will be held, used, processed and disclosed in accordance with your privacy policy; and
- make a copy of your privacy policy available to the business seeker.
- From time to time SEEK Business receives requests from business seekers regarding Personal Information collected by Advertisers. Where SEEK Business receives such a request from a business seeker whose Personal Information you have received, we will pass such request on to you. You warrant to SEEK Business that whenever such request is provided to you, you will promptly and meaningfully respond to such request and will confirm such compliance to us.
- You agree to indemnify and hold SEEK Business harmless against any loss or damage whatsoever that SEEK Business may incur, including but not limited to any civil penalties which may be imposed, as a result of:
- a failure by you to comply with clauses 63 and 64;
- a breach of applicable Privacy Laws by you; or
- any indirect contravention of applicable Privacy Laws by SEEK Business caused by your non-compliance with clauses 63 and 64.
SEEK Business "List Until Sold" Terms and Conditions
- List Until Sold allows you to advertise your business for as long as it takes to sell it in accordance with these Terms. Please note that our List Until Sold offer does not guarantee the sale of your business.
- List Until Sold can only be used to advertise one business for sale at a time per registered account.
- Advertising is automatic for the first 12 months. A List Until Sold advertisement will be listed on the SEEK Business Website for an initial 12 month (12 x 31 day) period ("Advertising Period") during which time your List Until Sold advertisement will be automatically re posted every 31 days by SEEK Business during the Advertising Period.
- Regular manual advertisement re-posting is required beyond the initial 12 month advertising period
- If your business remains unsold after the Advertising Period, you may manually re-post a List Until Sold advertisement at no additional cost via the SEEK Business Advertiser Centre as long as such re-posting occurs within 3 months of the conclusion of the Advertising Period ("Free Repost Period"). The manually re-posted advertisement will expire after 31 days.
- You may continue to manually re-post your List Until Sold listing via the SEEK Business Advertiser Centre at no additional cost until your business is sold, as long each re-posting occurs prior to the expiry of the previously re-posted advertisement (each re-posted advertisement will expire after 31 days).
- If you do not comply with clauses 69a) or b), the List Until Sold provisions no longer apply and you will be required to pay the full rate of a new listing should you wish to post another advertisement in relation to that business.
- The List Until Sold product is not transferrable.
- The List Until Sold product cannot be used in conjunction with any other advertising package.
- The List Until Sold product does not guarantee Site performance including any number of ad views and/or enquiries.
Licence to use data
- Subject to all Applicable Laws (including applicable Privacy Laws), all data stored in your account (Advertiser Data) is owned by the advertising business or organisation. For the avoidance of doubt, Personal Information of business seekers is governed by applicable Privacy Laws, the terms of our privacy policy and / or your privacy policy, as applicable. We will delete Personal Information from your account where it is appropriate to do so (e.g. in accordance with applicable Privacy Laws).
- You hereby grant to us a perpetual, non-exclusive, irrevocable licence to use any Advertiser Data, to:
- manage our internal reporting requirements;
- collate statistical information about the use of our Website;
- analyse user behaviour on our Website;
- obtain and analyse high level trends and prepare reports relating thereto;
- investigate any suspected:
- breach of these Terms; or
- security related issues; and
- generally improve advertiser and user experience.
- We may use any other data relating to your use of, or engagement with, our Website and/or your use of our other products and services (Ancillary Data) for any purpose we see fit, unless such Ancillary Data would reasonably be considered confidential in nature, in which case our use must maintain such confidentiality. We may disclose Ancillary Data to our related parties.
Hardware & software
- It is the Advertiser's responsibility to ensure that it has the necessary computer hardware and software systems in place to access and utilise the Site.
General Terms
If you are a Small Business, clauses 77 and 78 apply:
- Either party may terminate this agreement (or relevant aspect of this agreement) if the other party commits a material breach of these Terms and fails to remedy such breach within 30 days of receiving written notice to do so. Any such termination:
- will, to the extent possible, be limited to the products / services that are impacted by the material breach; and
- will not end provisions of these Terms that are capable of surviving termination.
- If you terminate this agreement in accordance with clause 8 or 77, you will be entitled to a proportionate refund of any amounts you have paid in advance which corresponds to the value of the products and services you have not received as at the date of early termination relating to the remaining period of your agreement with us for the relevant products and services. For the avoidance of doubt, you will not be entitled to any refund in the event that we terminate this agreement in accordance with these Terms.
- If you are not a Small Business, the following clause applies: We reserve the right to terminate your agreement with us (or relevant aspect of our agreement) if you breach these Terms. Such termination will not end provisions of these Terms that are capable of surviving termination.
- Any clause within these Terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity or enforceability of the remainder of these Terms is not affected.
- These Terms are governed by the laws of Victoria, Australia. Advertisers irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of Victoria, Australia and waive any objection to legal action being brought in those Courts on the grounds of venue or inconvenient forum.
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