TERMS AND CONDITIONS

This website miningpages.com.au and its related services, products, websites, tools, social media platforms and applications (Website) is owned and operated by Mining Pages Pty Ltd ABN 59 671 473 037 (Mining Pages).

Last updated on 16 October 2023.

These terms and conditions (Terms) govern your use of the Website. Other terms and conditions contained in the privacy policy (Privacy Policy) and elsewhere on our Website also form part of our agreement with you.

Please carefully read these Terms. By using the Website, you agree to be bound by these Terms and our Privacy Policy. If you don’t agree to be bound by these Terms, you must not use the Website.

We may change these Terms at any time by updating this page of the Website, and your continued use of the Website following such an update will represent an agreement by you to be bound by the Terms as amended.

The Website is an online directory that facilitates:

• users of the Website to publish and advertise Job Listings on the directory offered by the Website (Advertiser); and
• users of the Website to list their Profile and seek out Job Listings advertised by Advertisers on the Website (Candidates).

The remainder of these Terms are divided into three (3) parts:

• Part 1 (Users), which sets out terms that apply to all Users, including Candidates and Advertisers;
• Part 2 (Advertiser Terms), which sets out further terms that apply to Advertisers;
• Part 3 (Candidate Terms), which sets out further terms that apply to Candidates;
• Part 4 (Fees and Payment Terms), which sets out fees applicable to all Users of the Website; and
• Part 5 (General Terms), which contains general terms that apply to all Users.

1.                PART 1 – USERS

1.1             ACCESS AND USE OF THE WEBSITE

(a)              You must only use the Website in accordance with these Terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with the Terms and any applicable laws.

(b)              In order to access and use the Website, you must be over 18 years of age. If you do not qualify, please do not access or use the Website.

1.2             YOUR OBLIGATIONS

You must not:

(a)              copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Mining Pages;

(b)              use the Website for any purpose other than its intended purpose;

(c)              use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

(d)              use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;

(e)              use the Website with the assistance of any automated scripting tool or software;

(f)               act in a way that may diminish or adversely impact the reputation of Mining Pages, including by linking to the Website on any other website; and

(g)              attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:

(i)               gaining unauthorised access to Website accounts or data;

(ii)              scanning, probing or testing the Website for security vulnerabilities;

(iii)             overloading, flooding, mailbombing, crashing or submitting a virus to the Website;

(iv)             instigating or participating in a denial-of-service attack against the Website.

1.3             POSTED MATERIALS – WARRANTIES

By providing or posting any information, materials or other content on the Website (Posted Material), you represent and warrant that:

(a)              you are authorised to provide the Posted Material;

(b)              the Posted Material is accurate and true at the time it is provided;

(c)              any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;

(d)              the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and do not contain any offensive or explicit material;

(e)              the Posted Material is not “passing off” of any product or service and does not constitute unfair competition;

(f)               the Posted Material does not infringe any intellectual property rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world (IPR);

(g)              the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Website or any network or system; and

(h)              the Posted Material does not breach or infringe any applicable laws.

1.4             POSTED MATERIALS – LICENCE

(a)              You grant to Mining Pages a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any IPR in any Posted Material in order for Mining Pages to use, exploit or otherwise enjoy the benefit of such Posted Material.

(b)              If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release Mining Pages from any and all claims that you could assert against Mining Pages by virtue of any such moral rights.

(c)              You indemnify Mining Pages against all damages, losses, costs and expenses incurred by Mining Pages arising out of any third party claim that your Posted Material infringes any third party’s IPR.

1.5             POSTED MATERIALS – REMOVAL

(a)              Mining Pages acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, Mining Pages may, in its absolute discretion, review and remove any Posted Material (including links to you, your Profile or Job Listings you have posted on the Website) at any time without giving any explanation or justification for removing the material and/or information.

(b)              You agree that you are responsible for keeping and maintaining records of Posted Material.

(c)              Without limitation to this clause, we reserve the right to not publish a Profile or suspend a published Profile or remove any Job Listings where we believe in our sole discretion that:

(i)               the Profile or Job Listing may contravene applicable laws or these Terms;

(ii)              the Profile or Job Listing is not suitable for our Website; or

(iii)             any other reason which we consider appropriate.

(d)              Where we do so, we do so without liability to you.

1.6             INTELLECTUAL PROPERTY

(a)              Mining Pages retains ownership of the Website and all works, items, materials or information of whatever nature on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.

(b)              You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Mining Pages or as permitted by law.

1.7             INFORMATION ON THE WEBSITE

While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:

(a)              the Website will be free from errors or defects;

(b)              the Website will be accessible at all times;

(c)              messages sent through the Website will be delivered promptly, or delivered at all;

(d)              information you receive or supply through the Website will be secure or confidential; or

(e)              any information provided through the Website is accurate or true.

We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including Advertiser details, product descriptions, prices and any other Website Content.

1.8             LINKS TO OTHER WEBSITES

(a)              The Website may contain links to other websites that are not our responsibility.

(b)              We have no control over the content of the linked websites and we are not responsible for it.

(c)              Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

1.9             DIRECTORY OF JOB LISTINGS

(a)              Mining Pages is a medium that facilitates the introduction of Candidates and Advertisers for the purposes of job and employment opportunities advertised on the Website (Job Listings). Users will also have the ability to create profiles on the Website (Profile). Mining Pages simply acts as a directory of Job Listings and charges Users a subscription fee to use the Website. Mining Pages does not have any obligations or liabilities to, and is not a party to any contract between, Candidates and Advertisers in relation to such Job Listings or otherwise resulting from the introduction.

(b)              You agree and acknowledge that:

(i)               any arrangement or communication entered into with another User relating to Job Listings are solely between the Candidate and the Advertiser and do not involve Mining Pages in any way. Mining Pages has no control, influence or involvement in such arrangements. Mining Pages responsibilities are limited to facilitating the availability of the website;

(ii)              when you are entering an arrangement relating to a Job Listing (such as an employment contract) you are entering into a contract directly with the relevant Candidate or Advertiser (as relevant). Mining Pages is not a party to any contract between a Candidate and Advertiser and is not responsible for ensuring each party fulfils its obligations or any other applicable laws (including relevant employment laws);

(iii)             the Website provides links and introductions between third party Advertisers and Candidates that are not under the control of Mining Pages;

(iv)             the provision by Mining Pages of introductions between Advertisers and Candidates through the Website does not imply any endorsement or recommendation by Mining Pages of any Advertiser, Candidate (or their Profile) or Job Listing  advertised on the Website;

(v)              Mining Pages gives no guarantee or representation that:

A.               any Advertiser is suitable and appropriately registered and licensed and able to advertise for the jobs as set out in the Job Listing. Mining Pages makes no representation as to the authenticity and veracity of the information provided by an Advertiser as to the authenticity of a Job Listing; and

B.               any Candidate is suitable or has any of the skills, qualifications, working permits and/or experiences specified on their Profile or otherwise made known to an Advertiser. Mining Pages makes no representation as to the authenticity and veracity of the information provided by a Candidate as to the Candidate’s skills, qualifications, working permits and/or experiences.

The User must satisfy itself as to the suitability of a Candidate or Advertiser, and it is the User’s sole responsibility to research and review the Candidate or Advertiser information;

(vi)             in the event that a Candidate submits an application to a Job Listing, the Candidate is solely responsible for making their own enquiries in respect of the Advertiser’s ability to fulfil their obligations and their compliance with Australian laws. Mining Pages makes no representations or warranties that any Advertiser is able to fulfil their obligations and Mining Pages recommends that you make all relevant enquiries prior to accepting work with an Advertiser;

(vii)            any information on the Website (including Job Listings and Profiles) is provided to Mining Pages by third parties, and Mining Pages does not and cannot guarantee the completeness, accuracy, currency or reliability of such information;

(viii)           Mining Pages gives no guarantee of results such as job placement or future earnings. Mining Pages makes no warranty that any Job Listing on the Website is for a real job vacancy, and gives no representation that Jobs Listings will be vacant at the time a submission is made. Mining Pages will not be liable should an Advertiser fill that vacancy prior to removal;

(ix)             all listings provided by an Advertiser are subject to change without notice;

(x)              your legal rights in connection with any Job Listing, or Profile are against the relevant Advertiser or Candidate, and not Mining Pages. You must resolve the dispute directly with the Advertiser or Candidate (as the case may be). Mining Pages is not a party to any dispute in any way.

1.10           DISLAIMER

(a)              (Limitation of liability) To the maximum extent permitted by applicable law, Mining Pages excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Website or its use or any services provided by any Advertiser. This includes the transmission of any computer virus.

(b)              (Limitation of liability) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee into these Terms which may not lawfully be excluded, then to the maximum extent permitted by applicable law, Mining Pages’s liability for breach of that non-excludable condition, warranty or guarantee will, at our option, be limited to the supply of the services again, or the payment of the cost of having them supplied again.

(c)              (Indemnity) You agree to indemnify Mining Pages and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives’ use of the Website or any arrangements or communications with another User.

(d)              (Consequential loss) Under no circumstances will Mining Pages be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Website, these Terms or their subject matter, or any Job Listings or Profiles provided by a User.

1.11           PRIVACY

You agree to be bound by the clauses outlined in Mining Pages’s Privacy Policy, which can be found on the Website.

1.12           TERMINATION

(a)              Mining Pages reserves the right to terminate a User’s access to any or all of the Website  at any time without notice, for any reason.

(b)              In the event that a User’s access is terminated:

(i)               the User’s access to all posting tools on the Website will be revoked;

(ii)              all Job Listings and Profiles previously posted by the respective User will also be removed from the Website.

(c)              Notwithstanding termination or expiry of your membership or these Terms, the provisions of Part 1 and any other provision which by its nature would reasonably be expected to be complied with after termination, will continue to apply.

(d)              Users may terminate their Account on the Website at any time by giving notice using the Website’s functionality where such functionality is available or otherwise by contacting Mining Pages. Termination of an Account will take effect immediately on notice being given. However, no refunds of any amounts paid in advance in respect of the period following termination will be given. 

1.13           SECURITY

Mining Pages does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

1.14           REPORTING MISUSE

If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

2.                PART 2 – ADVERTISERS

2.1             YOUR ACCOUNT

(a)              In order to list Job Listings on the Website, Advertisers are required to sign-up, register and receive an account through the Website (an ‘Account’). Subscription fees are applicable to your use of the Website in accordance with clause 4.

(b)              As part of the Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, photo, profile information, payment details, verified identification, verified certifications and authentications (such as copies of your medical registration), and other information as determined by Mining Pages from time to time.

(c)              You warrant that any information you give to Mining Pages in the course of completing the Account registration process will always be accurate, honest, correct and up to date.

(d)              Once you complete the Account registration process, Mining Pages may, in its sole discretion, choose to accept you as a registered Advertiser within the Website and provide you with an Account.

(e)              Mining Pages reserves the right to contact you about any concerning behaviour by you at any time.

(f)               Mining Pages may suspend or cancel your Account for any reason without notice, including for any failure to comply with the Terms.

2.2             JOB LISTINGS

You agree and acknowledge that:

(a)              you must use your best endeavours to provide as much information as possible in any job placement listing on the Website (Job Listings);

(b)              Mining Pages may choose not to accept any Job Listing you submit to the Website;

(c)              the Job Listing does not breach any intellectual property rights of any third party;

(d)              you are authorised and permitted by law to offer the Job Listing;

(e)              any additional terms and conditions relating to a Job Listing are solely between you and the Candidate and do not involve Mining Pages in any way, except that they must not be inconsistent with your obligations under these Terms; and

(f)               Mining Pages will have no responsibility for the accuracy, reliability or timeliness of the content provided by a Candidate responding to a Job Placement Listing.

2.3             WARRANTIES

By listing yourself as an Advertiser on the Website and posting a Job Listing, you represent and warrant that:

(a)              the Job Listing and any information contained on your Profile:

(i)               is not in breach of these Terms;

(ii)              is not in breach of any applicable laws;

(iii)             does not contain a duplicate of another previously posted Job Listing or Profile;

(iv)             has been correctly categorised and does not contain any keywords or other methods of manipulating the search; and

(v)              contains adequate descriptive data;

(b)              all information provided to us, or in your Job Listing or otherwise published on the Website is true and correct in all respects, is maintained accurate and up to date and you have not engaged in misleading or fraudulent conduct;

(c)              you will handle all personal information in accordance with the Privacy Act 1988 (Cth) and any applicable laws;

(d)              you have in place appropriate technical and organisational security measures against:

(i)               unauthorised or unlawful access, modification, disclosure or processing of personal information; and

(ii)              accidental interference, loss or destruction of, or damage to, personal information.

(e)              any individuals or companies involved in the Job Listing have not been previously convicted of a crime, and there are no current legal, criminal, civil or administrative proceedings against such individuals or companies.

2.4             TAX

You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Website, and Mining Pages will not be held accountable in relation to any transactions between Candidates and Advertisers where tax related misconduct has occurred.

2.5             RECORD/AUDIT

To the extent permitted by law, Mining Pages reserves the right to keep all records of any and all transactions and communications made through this Website between you and other Users (including conversations, user posts, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving Mining Pages.

3.                PART 3 – CANDIDATES

3.1             YOUR ACCOUNT

(a)              In order to create your Profile and to submit your applications for Job Listings on the Website, Candidates are required to sign-up, register and receive an account through the Website. Subscription fees are applicable to your use of the Website in accordance with clause 4.

(b)              As part of the Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, photo, profile information, payment details, verified identification, verified certifications and authentications (such as copies of your medical registration), and other information as determined by Mining Pages from time to time.

(c)              You warrant that any information you give to Mining Pages in the course of completing the Account registration process will always be accurate, honest, correct and up to date.

(d)              Mining Pages may suspend or cancel your Account for any reason without notice, including for any failure to comply with the Terms.

3.2             USER OBLIGATIONS

By listing your Profile on the Website and otherwise submitting applications for a Job Listing, you represent and warrant that:

(a)              your Profile and any information you provide on the Website:

(i)               is not in breach of these Terms;

(ii)              is not in breach of any applicable laws;

(iii)             does not contain a duplicate of another previously posted Profile;

(iv)             has been correctly categorised and does not contain any keywords or other methods of manipulating the search;

(v)              does not contain any external links;

(vi)             contains adequate descriptive data;

(b)              all information provided to us, or in your Profile or otherwise published on the Website is true and correct in all respects, is maintained accurate and up to date and you have not engaged in misleading or fraudulent conduct.

4.                FEES AND PAYMENT TERMS

(a)              (Payment Obligations) In order to use the Website as a Candidate or Advertiser you are required to pay the subscription fees set out on the Website (Service Fees). Service Fees are charged on an annual basis and are payable in advance at the time notified on the Website or as directed by Mining Pages. All Service Fees and other amounts must be paid in Australian dollars.

(b)              (Renewal) All subscriptions will continue to automatically renew at the then current Service Fee on the anniversary of their commencement date, unless you cancel your Account in accordance with these Terms prior to the date that your subscription is due to renew.

(c)              (Direct Debit) All Service Fees are payable by direct debit through Mining Pages’s nominated platforms (such as Stripe or PayPal). You must nominate a bank account on either of these platforms or any other platform approved by Mining Pages which Mining Pages can direct debit all Service Fees from in accordance with these Terms.  You irrevocably authorise Mining Pages to direct debit from your nominated account all amounts payable by you to Mining Pages at any time, immediately on the amount becoming due and payable, and without notice. This includes the Service Fees payable upon any automatic renewal of your subscription.  You must ensure that your account always has sufficient funds from which all Service Fees can be drawn.

(a)              (GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by Mining Pages, you must pay the GST subject to Mining Pages providing a tax invoice.

(b)              (Card surcharges) Mining Pages reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (such as Visa, MasterCard, American Express or Diners Club).

(c)              (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payment of our Service Fee. The processing of payments by the Payment Provider will be, in addition to these Terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider.  We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.

(d)              (Suspension) Mining Pages may at any time without notice suspend an Advertiser’s Account if any amount due to be paid by the Advertiser is overdue.

(e)              (Refunds) The Service Fee, and any membership or subscription fee charged by Mining Pages is by default non-refundable. However, Mining Pages may, in its absolute discretion, issue refunds of such fees in certain circumstances.

(f)               (Pricing Inaccuracy) In the event that we discover an error or inaccuracy in the prices set out on our Website at the time at which you signed up for a subscription, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of proceeding with your subscription at the correct price, or cancelling your subscription. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.

5.                GENERAL TERMS

(a)              (Governing law) This agreement is governed by the law applying in Western Australia.

(b)              (Jurisdiction) Each party irrevocably submits to the exclusive jurisdiction of the courts of Western Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

(c)              (Amendments) These Terms may only be amended by Mining Pages in accordance with the Terms.

(d)              (Waiver) No party to these Terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

(e)              (Further acts) Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by another party to give effect to these Terms.

(f)               (Assignment) A party cannot assign, novate or otherwise transfer any of its rights or obligations under these Terms without the prior written consent of the other party.

(g)              (Entire Agreement) These Terms embody the entire agreement between the parties and supersede any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of the Terms.

(h)              (Interpretation) In these Terms, the following rules of interpretation apply:

(i)               (singular and plural) words in the singular includes the plural (and vice versa);

(ii)              (gender) words indicating a gender includes the corresponding words of any other gender;

(iii)             (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(iv)             (person) a reference to “person” or ”you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(v)              (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(vi)             (these Terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these Terms, and a reference to these Terms includes all schedules, exhibits, attachments and annexures to it;

(vii)            (document) a reference to a document (including these Terms) is to that document as varied, novated, ratified or replaced from time to time;

(viii)           (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(ix)             (includes) the word “includes” and similar words in any form is not a word of limitation; and

(x)              (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.