In this Agreement, except insofar as the context or subject matter otherwise, indicates or requires:
“AWA” means Australian Water Association Ltd - ABN 78 096 035 773.
"Advertising" means an employment offer or position listing submitted by the Advertiser to AWA for inclusion in the Publication.
"Advertiser" means any person or organisation that places advertising with AWA.
“Publication” means the H2Oz website (www.H2Oz.org.au) as published and maintained by AWA.
“Rate Card” means the current list of prices, charges and specifications for Advertising as provided by the Publisher to the Advertiser.
(a) Subject to these Terms, AWA will use its reasonable endeavours to publish Advertising submitted by Advertisers in the format submitted by the Advertiser and in accordance with the placement requests of the Advertiser.
(a) Neither these Terms nor any written or verbal quotation by AWA represent an offer to publish the Advertising. A binding agreement in relation to a request for Advertising will only be formed between AWA and an Advertiser when AWA accepts the Advertising in writing.
(b) Even if an agreement has been formed in accordance with the above Clause, AWA reserves the right to refuse or withdraw any Advertising at any time without giving reasons.
(a) AWA reserves the right to:
(i) vary the placement of Advertising; and
(ii) change the format of Advertising.
(b) AWA will endeavour to notify the Advertiser of any such changes. However, except in accordance with Clause 12, AWA will not be liable for any costs, expenses, losses or damages suffered or incurred by an Advertiser arising from AWA’s failure to publish Advertising in accordance with an Advertiser’s request.
(a) The Advertiser warrants to AWA that the Advertising and the publication by AWA of the Advertising does not breach or infringe:
(i) the Trade Practices Act (Commonwealth), Fair Trading Acts (State) or equivalent legislation;
(ii) any copyright, trade mark, obligation of confidentiality or other personal or proprietary right;
(iii) any law of defamation, obscenity or contempt of any court, tribunal or royal commission;
(iv) State or Commonwealth anti-discrimination legislation;
(v) the Privacy Act (Commonwealth);
(vi) the financial services provisions of the Corporations Act; or
(vii) any law or applicable code (including any common law, statute, delegated legislation, rule or ordinance of the Commonwealth, or any State or Territory).
(b) The Advertiser warrants that in respect of Advertising that contains the name or photographic or pictorial representation of any living person and/or any copy by which any living person can be identified, the Advertiser has obtained the authority of that person to make use of his/her name or representation or the copy.
(c) The Advertiser must not submit Advertising for publication that contains contact details for the Advertiser unless those contact details include the full name and street address of the Advertiser.
(d) The Advertiser must only submit one employment position per advertisement. AWA reserves the right to charge additional fees for multiple positions listed in a single Advertisement.
(e) All Advertisements must be for tangible and currently existing employment opportunities.
(f) Advertisements seeking to attract a pool or collection of potential employees are strictly prohibited and will be deleted from the Publication immediately.
(g) All Advertisements will be deleted from the Publication after the specified closing date specified within the Advertisement.
(h) All Advertising material submitted by the Advertiser must comply with AWA’s specifications which are available at www.awa.asn.au. AWA may reject the Advertising material if it is not submitted in accordance with such specifications.
(a) AWA makes no warranties or representations as to the performance of the Advertisement in regard to the number of readers or viewers of the Publication or any level of business generated by the Publication.
(b) Subject to Clause 12, AWA is not liable for any loss, damages or liabilities arising from the publication of the Advertisement.
(a) The Advertiser must promptly notify AWA of any errors or omission in any published Advertising.
(b) AWA does not accept responsibility for any errors in Advertising placed by verbal communication.
(c) AWA does not accept responsibility for any errors in Advertising material received from third parties.
(d) If an Advertiser wishes to make a claim on AWA for credit, re-publication or any other remedy in respect of Advertising, the Advertiser must send the claim in writing to AWA no later than 7 days after the publishing date.
(a) The Advertiser must pay for Advertising in accordance with the rates in the Publication’s Rate Card, or as otherwise agreed in writing. Rates specified in the Rate Card –
(i) may be varied at any time by AWA without notice.
(ii) are inclusive of taxes, duties or GST (“Taxes”) unless the Rate Card specifies that GST or other Taxes are excluded.
(b) All amounts shown on AWA Rate Cards are in Australian Dollars unless specified otherwise.
(c) As specified in the Rate Card some AWA membership levels are allocated a limited number of advertisements at no charge. It will be the responsibility of the Advertiser to only utilise the advertisements that are allocated to them. Any advertisement in excess of the allocated number will be charged for at the normal rate.
(d) Any financial or otherwise described benefits derived from being an AWA Member are only deliverable whilst the Advertiser is a current financial AWA Member. It is the responsibility of the Advertiser to ensure that their AWA Membership is valid.
(a) If you wish to cease publication of Advertising or if you request work AWA are doing for you to stop after you have instructed AWA to proceed with the work, you must request AWA’s consent in writing.
(a) AWA may grant, deny or withdraw credit to an Advertiser at any time in its discretion.
(b) For the purpose of obtaining or providing a credit check/reference, you authorise AWA to make enquiries and to use, exchange and disclose to any credit provider or credit reporting agency, any or all information AWA know or obtain concerning your credit worthiness.
(c) AWA does not offer refunds, however credits may be given which is at the discretion of AWA.
(a) All amounts shown on tax invoices are in Australian Dollars unless specified otherwise.
(b) The Advertiser must pay in Australian Dollars.
(c) All payments of adverts will be made through the H2oz website unless otherwise agreed.
(d) AWA will issue invoices for Advertising to the Advertiser upon request, payment must be made to AWA before AWA will active an advertisement online.
(e) The Advertiser must pay for Advertising within 14 days after the date of the invoice.
(a) If an Advertiser breaches these terms and conditions or fails to pay for Advertising in accordance with Clause 10 AWA may (in its discretion and without limitation);
(i) cancel any provision of credit to the Advertiser;
(ii) require pre-payment for further Advertising;
(iii) charge interest on all overdue amounts at the rate 2.5% above the prime lending rate of Commonwealth Bank of Australia as published in the Australian Financial Review on that day;
(iv) take proceedings against the Advertiser for any outstanding amounts;
(v) recover from the Advertiser all costs relating to any action taken by AWA to recover amounts owing for Advertising, including without limitation any mercantile agency costs and legal costs on a full indemnity basis;
(vi) cease publication of any further Advertising on behalf of the Advertiser and terminate any agreement in relation to Advertising not yet published; and
(vii) exercise any other rights at law.
(b) A written statement of debt duly signed by an authorised employee of AWA shall be prima facie evidence and proof of the amount owed by the Advertiser to AWA.
(a) The Advertiser acknowledges that it has not relied on any advice given or representation made by or on behalf of AWA in connection with the Advertising.
(b) AWA excludes all implied conditions and warranties from these Terms, except any condition or warranty (such as conditions and warranties implied by the Trade Practices Act and equivalent State acts) which cannot by law be excluded (‘Non-excludable Condition’).
(c) AWA limits its liability:
(i) for breach of any Non-Excludable Condition (to the extent that liability for such breach can by law be limited); and
(ii) for any other error or omission in published Advertising caused by AWA, at AWA’s option, to re-supply of the Advertising affected by the breach, or payment of the cost of re-supply.
(d) Subject to Clauses 12(b) and 12(c), AWA excludes all other liability to the Advertiser for any costs, expenses, losses and damages suffered or incurred by the Advertiser in connection with these Terms and any Advertising published by AWA, whether that liability arises in contract, tort (including by AWA’s negligence) or under statute. Without limitation, AWA will in no circumstances be liable for any indirect or consequential losses, including loss of profits, loss of revenue and loss of business opportunity.
(e) The Advertiser indemnifies AWA and its officers, employees, contractors and agents (the ‘Indemnified’) against any costs, expenses, losses, damages and liability suffered or incurred by the Indemnified arising from the Advertiser’s breach of these Terms and any negligent or unlawful act or omission of the Advertiser in connection with the Advertising.
(a) AWA collects an Advertiser's personal information to provide the Advertising to the Advertiser and for invoicing purposes.
(a) These Terms represent the entire agreement of the Advertiser and AWA in relation to Advertising and cannot be varied except in writing by an authorised officer of AWA. No purchase order or other document issued by the Advertiser will vary these terms.
(b) AWA will not be liable for any delay or failure to publish Advertising caused by a factor outside AWA’s reasonable control (including but not limited to any Act of God, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint).
(c) AWA may service any notice or court documents on a Advertiser by forwarding them by pre-paid post or facsimile to the last known address of the Advertiser.
Australian Water Association Limited
PO Box 222, St Leonards NSW 2065
Phone 02 9436 0055
ABN 78 096 035 773