Advertising Terms of Use
These terms and conditions (“Terms“) govern all Advertisers (defined as “Advertiser“, “you” and ” your“) that:
have placed an listing (the relevant ad) on www.meaningagain.com
have been advised that applications submitted in respect of the position advertised in the relevant ad will be stored on your behalf within Meaning Again’s Employers’ site
have utilised any features of the website or Meaning Again’s Products offered through the website; and
have utilised any features of any Meaning Again APIs (as defined below) directly or via an authorised third party provider (Partner).
The access and use of the information, materials and services provided on this website is conditional upon your acceptance and compliance with the Terms.
Depending on what level of service you choose, there may be other terms that govern your relationship with Meaning Again in conjunction with these Terms.
If you have elected to also acquire or utilise Featured Listings, these Terms are to be read in conjunction with, and incorporate, the
If you have elected to utilise any of the following APIs offered by Meaning Again –Regular listing, Featured listing, Job Search, Resume Search – either directly or via a Partner, these terms are to be read in conjunction with and incorporate the Meaning Again.
The website is owned and operated by Meaning Again (ABN 14 86 44 88 982) defined as (“Meaning Again“, “we“, “us” and “our“).
Your continued use of this sebsite will be deemed as acceptance of these Terms by you.
- Variation of Terms
1.1 We may change these Terms at any time. If Meaning Again varies these Terms, it will provide notice by publishing the varied Terms on the website.
1.2 You accept that by doing this, Meaning Again has provided you with sufficient notice of the variation to its Terms.
- Payment
2.1 All amounts will be paid to Meaning Again on purchase of the listings.
2.2 You are obliged to pay for the services that Meaning Again agrees to provide you with regardless of whether you utilise or fully utilise those services. If you do not provide Meaning Again with the necessary materials or information for Meaning Again to deliver these services to you, you are still liable to Meaning Again for full payment.
- Intellectual Property Rights
3.1 Meaning Again retains all intellectual property rights subsisting in any of the goods and services provided to you by Meaning Again.
- Limitation of Liability and Disclaimer
4.1 No warranty can be provided to you by Meaning Again that services generally available through the website will be uninterrupted or error free. 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.
4.2 In the case of goods or services supplied or offered via the website, liability for breach of an implied term which cannot be excluded by legislation, is limited at our option to either, the supply of the goods or services (or the equivalent goods or services) again or the payment of the cost of having the goods or services supplied again.
4.3 Our limitation of liability under these Terms applies to 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.
4.4 Although listings are pre-read to inspect for errors no responsibility or liability will be accepted by Meaning Again for any errors in your advertisements(listings) and you must check your advertisements(listings) for errors as soon as they are placed on the Website.
4.5 Reasonable efforts will be implemented by Meaning Again to publish advertisements in the shortest possible time.
4.6 Meaning Again cannot and does not guarantee you that files available for downloading through the website or delivered via electronic mail through the Website, or features and products available through the website, 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 website for the reconstruction of any lost data.
4.7 Meaning Again acts as a medium through which individuals mainly disabled individuals search for employment opportunities. Meaning Again does not vet, nor is it responsible for vetting, candidates or the representations made by them whether oral or in writing – including those representations appearing in candidates’ resumes.
- Changes to the Website
5.1 Meaning Again reserves the right at all times without the need to have to provide any notice to you, to alter the functionality and/or appearance of its products and services available from Meaning Again or the website itself, including but not limited to advertisements on the website and/or as they are represented on mobile communication devices.
- Your Obligations
6.1 You warrant and agree that:
6.1.1 you have the legal capacity and power to agree to be bound by these Terms and perform the obligations under them;
6.1.2 advertisements and other works posted on the website do not breach the intellectual property rights of any third party;
6.1.3 all files delivered to Meaning Again will be free of infection or viruses;
6.1.4 you will not use the website for any illegal purpose;
6.1.5 you will not use the website or any features of the website or products offered on the website to upload, download, transact, store or make available data that is unlawful, harassing threatening, harmful, tortuous, defamatory, libellous, abusive violent, obscene, invasive of another’s privacy, racially or ethnically offensive or otherwise in our opinion objectionable or damaging to Meaning Again, the website users or persons generally;
6.1.6 if you utilise any of Meaning Again’s APIs, either directly or via Partner,
6.1.6. a that Partner’s access to the website or a Meaning Again API has been notified to, and approved by, Meaning Again;
6.1.6. b Meaning Again will continue to allow access to that Partner until such time as your provide us with a written request to revoke this access;
6.1.6. c that Partner is authorised to act on your behalf;
6.1.6 d a breach of these Terms (including the Product Terms and/or the API Terms as the case may be) by that Partner will be deemed to be a breach of the relevant Terms by you and Meaning Again will have the right to take action against you on account of that breach (regardless of whether or not you had specific knowledge of the relevant breach);
6.2 if applicable you have complied with your obligation under clause 10.1 of these Terms.
6.3 You may not assign or transfer any rights and obligations pursuant to these Terms to any other person or entity without Meaning Again’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.
6.4 You indemnify and will keep indemnified Meaning Again, its officers, employees and agents against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by Meaning Again in connection with:
6.4.1 any breach of these Terms or the Product Terms by you;
6.4.2 any negligent act or omission by you;
6.4.3 the listing or proposed listing of any advertisement by you on the website or any related website; or
6.4.4 an actual or alleged breach by you of any law, legislation, regulations, by-laws, ordinances or codes of conduct which occurs a consequence of the your advertisement appearing on the website.
6.5 You agree at all times to deal with any information or products provided by Meaning Again or accessed from the website in a manner which abides by all applicable laws of Australia, or of any other relevant jurisdiction (including, without limitation, privacy and copyright laws).
6.6 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 website including code and software.
6.7 You may not use data mining, robots, screen scraping, or similar automated data gathering, extraction or publication tools on this Website (including without limitation for the purposes of establishing, maintaining, advancing or reproducing information contained on our website on another website or in any other publication), without Meaning Again’s prior written approval.
6.8 You may not use the website to post any pyramid scheme on the website and you also may not ask or require any candidate to pay a fee, charge, cost or any money whatsoever to apply for any job advertised on the website whether such fee, charge, cost or money is asked or required of the candidate in the job advertisement itself or in any communication with the candidate that takes place as a result of a job advertisement placed on the website.
6.9 You may not use any feature of the website to send any unsolicited commercial electronic messages to candidates, whether individually or as a group. Candidate management tools may only be used to communicate with candidates in accordance with the Product Terms.
6.10 You must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to Meaning Again without Meaning Again’s prior written approval.
6.11.1 Any listings (including but not limited to Regular Listing and Featured Listing) acquired by you from Meaning Again must not be on-sold or supplied by you to third parties unless you are a media buyer (as approved by Meaning Again) whose primary business it is to acquire media on behalf of third parties, or unless you are a job recruiter and supply job recruitment services (as approved by Meaning Again) in conjunction with the advertisements (including but not limited to Regular Listing and Featured Listing).
6.11.2 Where you are a job recruiter and in accordance with clause 6.11.1 on sell or supply advertisements acquired by you from Meaning Again, those ads must be branded with your job recruiter brand or co-branded with both your job recruiter brand and the brand of your client to whom the advertisement has been on sold or supplied.
6.11.3 If you breach either or both of clauses 6.11.1 and 6.11.2, then Meaning Again, in addition to its rights under clause 14.3, reserves the right to charge you the casual advertiser price for each advertisement, (including Regular Listing and Featured Listing) placed by you on the website in breach of those clauses.
- Misuse of candidate data, and on-selling
7.1 Any ‘personal information’ (within the meaning of the Privacy Act 1988 (Cth)) of any candidate that you obtain through your use of the website or any features of the website or products offered on the website (including job applications received from candidates) must only be used by you in relation to your genuine employment and/or recruitment activities.
7.2 Selling or offering services or products (such as learning or educational courses or tools) to candidates whose personal information you have obtained through your use of the website (including job applications received from candidates) is considered by Meaning Again to be a misuse of candidate data, and is prohibited.
7.3 You may not under any circumstances provide any candidate personal information you have obtained through your use of the website (including job applications received from candidates) to any other party, including to any affiliate or related party of yours (unless Meaning Again has otherwise consented to this). This restriction on forwarding personal information applies irrespective of whether you receive direct financial benefit for doing so.
7.4 Meaning Again takes its obligations under the Privacy Act 1988 (Cth) extremely seriously, and is resolute in its determination to prevent the misuse of candidate data. If Meaning Again believes that you have misused candidate data for any reason, Meaning Again reserves the right to:
7.4.1 immediately suspend or terminate your account, and/or suspend or terminate the account of any party that has received candidate personal information from you in breach of these Terms;
7.4.2 report any potential contraventions of the Privacy Act 1988 (Cth) by you to the relevant authorities, including the Office of the Australian Information Commissioner; and/or
7.4.3 take legal action against you seeking any number of remedies provided by law, including the award of monetary damages.
- Placing Advertisements
- You must ensure that all advertisements posted to the website comply with all applicable legislation, regulations, by-laws, ordinances and codes of conduct, including but not limited to the:
8.1.1 Competition and Consumer Act 2010 (Cth) including but not limited to section 31 of Schedule 2 which requires that if you are a company you must not mislead persons seeking employment as to the availability, nature, terms or conditions or, any other matter relating to the employment opportunity being offered;
8.1.2 Fair Trading Acts in all applicable States and Territories;
8.1.3 Privacy Act 1988 (Cth) including the Australian Privacy Principles;
8.1.4 Estate Agents Acts in all applicable States and Territories; and
8.1.5 Human Rights and Equal Opportunity Commission Act 1986 (Cth); and
8.1.6 all anti-discrimination and equal opportunity legislation applicable in the State or Territory in which you do business.
8.2 You must adhere to the principles of truth in advertising set out in the RCSA’s Code For Professional Practice.
8.3 You are not permitted to insert links to an external website or an externally hosted application form:
8.3.1 within the details of a job ad (including from the apply functions);
8.3.2 from within Meaning Again’s job application process;
8.3.3 within or from a previously approved externally hosted application form;
8.3.4 within an employer/company profile; or
8.3.5 within any communications with a candidate via Job Search or Resume Search
without Meaning Again’s express written approval which may be granted withheld or withdrawn at Meaning Again’s discretion.
8.4 You are not permitted to promote or refer to brands other than those associated with your business, (or a business operated by a related party to you):
8.4.1 within the details of a job ad (including from the apply functions);
8.4.2 from within Meaning Again’s job application process;
8.4.3 within or from a previously approved externally hosted application form;
8.4.4 within an employer/company profile; or
8.4.5 within any communications with a candidate via Job Search or Resume Search
without Meaning Again’s express written approval which may be granted withheld or withdrawn at Meaning Again’s discretion.
8.5 You may only post listings (Advertisements) to the website that are in respect of a genuine employment opportunity that is current as at the time of posting the listing(Advertisement), and for which you are currently recruiting. Meaning Again reserves the right to request any information from you that it deems necessary to verify that a genuine employment opportunity exists.
8.6 You must ensure that listings(advertisements) posted to the website are posted to the appropriate category of the website. It is your responsibility to ensure that you familiarise yourself with the advertising requirements of each available category on the website to ensure appropriate placement of advertisements.
8.7 Advertisers acknowledge and agree that they must only advertise one job role per job advertisement posted on to the Meaning Again website. Where Advertisers have breached this obligation and have advertised multiple job roles in the one job advertisement, Meaning Again reserves the right to charge the Advertiser for the number of job roles advertised in the one job advertisement posted on to the Meaning Again website.
8.8 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. Meaning Again reserves the right to amend, alter or remove any information that does not meet this requirement.
8.9 Meaning Again reserves the right and Advertisers must accept as a condition of advertising on the website, Meaning Again’s right to re-classify advertisements posted to the website, entitling Meaning Again to withdraw advertisements from one category of its website and to re-publish advertisements in another category on the website.
8.10 Standard job advertisements are valid for 30 days, although you can choose to expire the advertisement earlier.
8.11 The following actions constitute a new/additional job advertisement:
8.11.1 copying a job advertisement;
8.11.2 reposting an archived or deleted job advertisement;
8.11.3 extending a job advertisement (“Extending”) 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;
8.11.4 changing a zone classification and refreshing any job posting. Refreshing is the process of deleting and re-posting the same or substantially similar job advertisement;
8.11.5 posting advertisements on Meaning Again via a bulk data import process or changing a job advertisement reference number. If you are using a bulk data import process, you must ensure that you understand the effect bulk data importing may have on Extending advertisements as Meaning Again will count all new/additional job advertisements against your account and will invoice you accordingly.
8.12 Changes to job advertisement body copy and advertisement title or location, work type, classification and sub-classification categories do not constitute a new job advertisement, regardless of the method used to post the advertisement.
- Authority to store and retain applications
9.1 You expressly authorise Meaning Again to store and retain all applications submitted in response to the relevant ad within the Employers’ site, rather than emailing those applications to an external source.
- Access
10.1 49Your access to the Employers’ site will be via a secure login username and password issued chosen by the user/admin responsible. The Advertiser is responsible for:
10.1.1 providing Meaning Again with the identity and contact details of individuals authorised to access the Employers’ site on your behalf (authorised users);
10.1.2 setting authority limits for all authorised users;
10.1.3 supervising the use of the Employers’ site by the authorised users, ensuring that any Password provided to authorised users is kept secure and confidential.
10.2 You are responsible for the use of the Password to enable users to gain access to the Employers’ site, whether the use is by authorised users or any other person. Any act or omission by an authorised user in respect of the use of the Password and/or the use of the Employers’ site that breaches these Terms will be deemed a breach of these Terms by you.
10.3 Once access to the Employers’ site has been granted to you by Meaning Again, the Advertiser will have access to the Employers’ site and the functionality therein, unless such access is terminated by us in accordance with these Terms and/or the Additional Terms.
10.4 If your access to the Employers’ site is terminated for reasons other than fraud or dishonest conduct on your part, Meaning Again will, within 20 Business Days, forward all applications and associated information stored on your behalf to your nominated email address.
- Maintenance
11.1 Meaning Again will use reasonable endeavours to ensure that the Employers’ site is available for access by authorised users at all times. Notwithstanding this, Meaning Again and its third party service providers may be required to undertake maintenance and upkeep of the Employers’ site from time to time. Meaning Again will endeavour to limit any ‘downtime’ to periods outside of standard business hours. Meaning Again provides no warranty to you that services generally available through the website will be uninterrupted or error free. 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 Employers’ site.
- Licence to use data
12.1 Except for information that is ‘personal information’ (as that term is defined in the Privacy Act 1988 (Cth)), all data stored on the website on behalf of the Advertiser is owned by the Advertiser, and not Meaning Again.
12.2 The Advertiser hereby grants Meaning Again a perpetual, non-exclusive, irrevocable licence to use any stored data to:
12.2.1 manage internal reporting requirements;
12.2.3 collate statistical information about use of the website and submission of online applications;
12.2.4 analyse user behaviour on the website;
12.2.5 obtain and analyse high level trends and prepare reports relating thereto; and
12.2.6 generally improve the candidate user experience.
- Hardware & software
13.1 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 services offered by Meaning Again.
14 General Terms
14.1 Meaning Again reserves the right to terminate your agreement with Meaning Again if you post any advertisement or utilise any feature of the website or Meaning Again Product in any way which is in breach of any of these Terms or the Product Terms. Further, Meaning Again reserves the right to, in its absolute discretion, reject or remove any advertisement from the website for any reason.
14.2 Termination of our agreement with you as a result of you breaching any one or more of these Terms, will not end provisions of these Terms that are capable of surviving termination.
14.3 These Terms are governed by the laws of New South Wales. Advertisers irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of New South Wales, and waive any objection to legal action being brought in those Courts on the grounds of venue or inconvenient forum.