1. Overview
1.1 Please read the Terms and Conditions (‘Agreement’) carefully before accessing or using the information and services available through this website.
1.2 By accessing or using the website, you agree to be bound by the Agreement below.
1.3 The website may modify the Agreement at any time, and such modifications shall be effective immediately upon posting the modified Agreement on the website.
2. Your obligations
2.1 You warrant and agree that:
2.1.1 You have the legal capacity and power to agree to be bound by the Agreement and perform your obligations under it;
2.1.2 You will not use the website or the data contained within it for any illegal purpose;
2.1.3 You will not use the website or any features of the website, to upload, download, transact, store or make available data that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, invasive of another’s privacy, racially or ethnically offensive, or otherwise in our opinion objectionable or damaging;
2.1.4 You will not through any act or omission (including but not limited to publishing a listing or tender response) mislead or
deceive others; and
2.1.5 You indemnify and will keep indemnified the website, its officers, employees and agents against all claims, actions, liabilities, actual or contingent costs, damages and expenses incurred by the website in connection with:
2.1.5.1 any breach of the Agreement by you; or
2.1.5.2 any negligent act or omission by you; or
2.1.5.3 an actual breach by you of any law, legislation, regulations, by-laws, ordinances or codes of conduct which occurs as a consequence of your advertisements (including, listings) and/or responses to advertisements (including, tender responses) appearing on the website, or as a result of your use of the data contained therein.
3. No guarantee of accuracy of information or job vacancy
3.1 The website does not endorse or recommend any of the jobs, business or self-employment opportunities advertised on its website, or the skill, expertise, professionalism, credibility or quality of the work of the advertiser responses.
3.2 The website strongly recommends that prior to entering into any agreement with any of the advertisers or advertiser responses on the website that you obtain your own independent legal, accounting, financial or taxation advice as appropriate.
3.3 It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the website.
3.4 In no event will the website be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any information contained on or omitted from the website.
4. No guarantees of job vacancy
4.1 The website gives no guarantee to you of the continued availability of any particular job advertised on the website and will not be liable to you should an advertiser have filled the vacancy at any time prior to removal of the advertisement from the website.
4.2 The website gives no guarantee to you that every job advertisement represents an actual job vacancy.
5. No guarantees or endorsements of websites or services we link to or that link to us
5.1 Any links and pointers to internet website or documents created by or maintained by third parties (including, listings and tender responses) provide by the website are not under the control of the website and the website is not responsible for the contents (including the accuracy, legality or decency) of any linked websites or documents, or any link contained in a linked website or document.
5.2 The website is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the website of the linked site.
5.3 The website will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party.
5.4 Except where we are unable to exclude our liability by legislation, we, 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 (whether in contract, tort including negligence, or otherwise) out of or in connection with your access and use of the website.
6. No guarantees as to the service
6.1 The website provides no warranty to you that the services generally available through its website will be uninterrupted or error-free or that defects in the service will be corrected.
6.2 The website cannot and does not guarantee or warrant to you that files available for downloading through the website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties.
6.3 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 website for the reconstruction of any lost data.
7. Placing and responding to advertisements
7.1 You must ensure that all advertisements (including, listings) and all responses to advertisements (including, tender responses) on the website comply with all applicable legislation, regulations, by-laws, ordinances and codes of conduct, including but not limited to:
7.1.1 Competition and Consumer Act 2010 (Cth);
7.1.2 Fair Trading Act’s in all applicable States and Territories;
7.1.3 Privacy Act 1988 (Cth) including, the Australian Privacy
Principles;
7.1.4 Human Rights and Equal Opportunity Commission Act 1986
(Cth); and
7.1.5 All anti-discrimination and equal opportunity legislation applicable in the State or Territory in which you do business.
7.2 Each advertisement (including, listings) published on the website must only be in respect of a genuine, job opportunity, and for which you are currently engaging. The website reserves the right to request any information from you that it deems necessary to verify that a genuine, paid freight transport job opportunity exists.
7.3 Each response to an advertisement (including, tender responses) published on the website must only be in respect of a freight transport job opportunity for which you genuinely seek to secure at the time of your response.
7.4 The website accepts no responsibility or liability for any errors in your advertisements (including, listings) and responses to advertisements (including, tender responses) and you must check your advertisements (including, listings) and responses to advertisements (including, tender responses) for errors as soon as they are placed on the website.
7.5 The website acts as a medium through which individuals and/or businesses seek and take-up freight transport job opportunities. The website does not vet, nor is it responsible for vetting, individuals and/or businesses or the representations made by them whether oral or in writing - including those representations appearing in advertisements (including, listings) and any response to an advertisement (including, tender responses.
7.6 To the extent permitted by law, you agree to indemnify us, and our officers, employees, agents and representatives, for any loss, damage, claim, liability or demand (howsoever arising, and whether at law, in equity, under statute or otherwise) arising out of the performance, or acceptance, by you of a freight transport job arising from the website.
7.7 The website reserves the right to, in its absolute discretion (acting reasonably), reject, edit or remove any advertisement (including, listings) and response to any advertisement (including, tender response) from the website for any reason.
8. General provisions
8.1 If any part of the Agreement is held invalid, that part shall be severed from the Agreement and the remainder of the Agreement will continue to be valid and enforceable.
8.2 Termination of the Agreement will not end those provisions that are capable of surviving the ending of the Agreement.
8.3 The laws governing the Agreement will be the laws in South Australia, Australia and you irrevocably submit to the exclusive jurisdiction of its Courts and its Appellate Courts and the jurisdiction of the Federal Court of Australia sitting in South Australia. We caveat the above but advising that we cannot guarantee that a website user will not lodge proceedings against you in connection with the website. However, should a claim be brought against www.truckingozwide.com.au, the Agreement can be referenced to limit and or excuse www.truckingozwide.com.au from being found liable to compensate any party.
