Just Aviation Terms & Conditions
This Website located at www.justaviation.com.au is owned and operated by Just Aviation (ABN 88 461 036 873) ("Just Aviation"). Advertisers on justaviaiton.com.au ("the Site") are identified as "You" or "Your".
Your access to and use of information, materials and content provided on the Site is conditional upon your acceptance and compliance with these Terms, Conditions, Notices and Disclaimers ("Terms and Conditions").
Your use of this Site is deemed as your acceptance of these Terms and Conditions.
(1) You must register as an advertiser on the Site prior to posting any advertisements. You may choose to register as a “Casual Advertiser” or alternatively as a “Corporate Advertiser”.
(2) Corporate Advertisers must pay the annual subscription fee of $6,000.00 AUD plus GST within 14 days of the date of invoice sent to You by Just Aviation.
(3) Casual Advertisers must pay $220.00 AUD plus GST per advertisement using PayPal facilities or Credit Card Facilities prior to an advertisement being posted on the Site.
(4) Just Aviation may disable and/or suspend a Corporate Advertiser account without notice, if payment of the account is not made on time.
(5) You agree that pursuant to the Privacy Act 1988 (Cth), Just Aviation may obtain from either a Credit Reporting Agency or other credit providers personal credit information about You and/or Your Directors or a consumer credit report about You for the purposes of collecting overdue payments relating to your Corporate Advertiser account owed to Just Aviation.
Intellectual Property Rights
(1) All text, graphics, user interfaces, visual interfaces, photographs, Trade Marks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content contained on the Site is owned, controlled or licensed by or to Just Aviation and is protected by copyright, patent and trade mark laws, and various other intellectual property rights and unfair competition laws.
(2) Except as expressly provided for in these Terms and Conditions, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, included, translated, transmitted or distributed in any way to any other computer, server, website or other mediums or publication or distribution or for any commercial enterprise, without Just Aviation's express prior written consent.
(3) You warrant that you have obtained all necessary authorisation and consent to use and publish any intellectual property including any corporate logos, artwork, photographs or a combination of these in respect of placing advertisements on the Site. You also warrant and acknowledge that you have not breached any third party intellectual property rights including copyright, patent and trade mark laws and/or unfair competition laws.
(4) You acknowledge and agree that Just Aviation will not be held liable for any breaches of third party intellectual property rights as a result of your inappropriate or unauthorised use of any intellectual property.
Accounts, Passwords and Security
(1) You are entirely responsible for maintaining the confidentiality of the information You hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Just Aviation immediately of any unauthorised use of your account or password, or any other breach of security. You may be held liable for losses incurred by Just Aviation as a result of or visit to the Site due to someone else using Your Just Aviation ID, password or account as a result of Your failing to keep Your account information secure and confidential.
(2) You must not use anyone else's Just Aviation ID, password or account at anytime without the express permission and consent of the holder of that Just Aviation ID, password or account. Just Aviation cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
(1) Just Aviation does not promise that the Site or any content, service or feature of the Site will be error free or uninterrupted, or that any defects will be corrected, or that your use of the Site will provide specific results. The Site and its content are delivered on an "as-is" and "as-available" basis.
(2) All information provided on the Site is subject to change without notice to You. Just Aviation cannot ensure that any files or other data You upload or download from the Site will be free of viruses or contamination or destructive features.
(3) Just Aviation disclaims all warranties, express or implied, including any warranties of accuracy, non infringement, merchantability and fitness for a particular purpose, to the fullest extent permitted by Law.
(4) Just Aviation disclaims any and all liability for acts, omissions and conducts of any third parties in connection with or related to your use of the Site.
(5) You assume total responsibility for Your use of the Site and any linked sites. Your sole remedy against Just Aviation for dissatisfaction with the Site or any content is to stop using the Site or any such content.
(6) The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorised access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
(7) Just Aviation reserves the right to do any of the following, at any time without notice to you:
(a) To modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason;
(b) To modify or change the Site, or any portion of the Site, and applicable policies or terms; and
(c) To interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction or other changes.
Limitation of Liability
(1) To the extent permitted by Law, Just Aviation in no way will be liable to You for any indirect, consequential, exemplary, incidental of punitive damages, including lost profit.
(2) Notwithstanding the above, if Just Aviation is found to be liable to You for any damage or loss which arises out of or in connection with Your use of the Site or any Content, Just Aviation's liability will not exceed the greater of the total of a one (1) year Corporate Advertiser subscription.
You agree to indemnify and hold Just Aviation, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including legal fees), made against Just Aviation by any third party due to or arising out of, or in connection with, Your use of the Site.
Placing Advertisements on the Site
(1) You must ensure that all advertisements posted to the Site comply with all applicable legislation, regulations, by-laws, ordinances and codes of conduct including but not limited to the 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 available, nature, terms or conditions or, any other matter relating to the employment opportunity being offered, Fair Trading Acts in all applicable states and territories; Privacy Act 1998 (Cth) including the National Privacy Principles; Estate Agents Act in all applicable States and Territories; and the Human Rights and Equal Opportunity Commission Act 1986 (Cth) and all anti discrimination and equal opportunity legislation applicable in the state or territory in which you do business.
(2) You agree to be bound by the Advertiser’s Code of Conduct.
(3) You are not permitted to insert links to an external website within the details of a job advertisement or link from Just Aviation's job application process to any external website or externally hosted application forms without Just Aviation's express written approval. Any approval is subject to specific terms and conditions.
(4) Just Aviation accepts the posting of any advertisements for any location in the world, from any Advertiser within the Aviation industry. Just Aviation reserves the right to charge You an applicable standard casual rate for any advertisement posted to any location outside Australia on a third party website, with prior written notice to You.
(5) 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.
(6) Just Aviation reserves the right and advertisers accept as a condition of advertising on the Site, Just Aviation's right to reclassify advertisements posted to the Site, entitling Just Aviation to withdraw advertisements from one category of its Site and to republish advertisements in another category on the Site.
(7) Any advertisements posted on the Site are valid for 30 days, although you can choose to expire the advertisement earlier.
(8) For Casual Advertiser’s of the Site, if you have not had any response or would like to continue to feature that advertisement on the Site, You will be required to resubmit Your advertisement on the Site. This will incur an additional payment as a Casual Advertiser.
(9) For the avoidance of doubt, the following actions constitute a new/additional job advertisement:
(a) Reposting an archived or deleted job advertisement;
(b) Extending a job 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;
(c) Changing a classification and refreshing any job posting. Refreshing is the process of deleting and reposting the same or substantially similar job advertisement;
(d) Changing a job advertisement reference number.
(e) Changes to the 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.
(f) You agree that You will not take any action that imposes an unreasonable or disproportionately large burden on the infrastructure of the Site or Just Aviation's systems or networks;
(g) You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site or with any other person's use of the Site; and
(h) You may not use the Site or any content for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of Just Aviation of others.
Violations of Terms and Conditions
(1) Just Aviation may disclose any information about You if Just Aviation determines that such disclosure is necessary in connection with any investigation or complaint regarding Your use of the Site or to identify, contact or bring legal action against someone who may be causing injury to or interference with Just Aviation's rights or property, or the rights or property of, visitors to, or uses of the Site, including Just Aviation's customers.
(2) Just Aviation reserves the right at all times to disclose any information that Just Aviation deems necessary to comply with any applicable law, regulation, legal process or Governmental request.
(3) You acknowledge and agree that Just Aviation may preserve any transmittal or communication by you with Just Aviation through the Site and may also disclose data if required to do so by law or where Just Aviation determines that such preservation or disclosure is reasonably necessary to comply with legal process, to enforce these Terms and Conditions, to respond to claims that any data violates the rights of others or protect the rights, property or personal safety of Just Aviation, its employees, users of or visitors to the Site and the public.
(4) You agree that Just Aviation may, in its sole discretion and without prior notice to You, terminate your access to the Site and/or block your future access to the Site if Just Aviation determines that You have violated these Terms and Conditions. You also agree that any violation by You of these Terms and Conditions will constitute an unlawful and unfair business practice, and will cause irreparable harm to Just Aviation, for which monetary damages would be inadequate, and you consent to Just Aviation obtaining any injunction or equitable relief that Just Aviation deems necessary or appropriate in the circumstances. These remedies are in addition to any other remedies Just Aviation may have at law or in equity.
(5) You agree that Just Aviation may, at its sole discretion and without prior notice to You, terminate Your access to the Site, for cause which includes but is not limited to requests by law enforcement or other Government agencies, a request by You (i.e. self initiated account deletions), discontinuance or material modification of the Site or any service offered on or through the Site or unexpected to equal issues or problems.
(6) If Just Aviation does take any legal action against You as a result of Your violation of these Terms and Conditions, Just Aviation will be entitled to recover from You, and You agree to pay, all reasonable legal costs and solicitor fees and costs of any such action, in addition to any other relief granted to Just Aviation. You agree that Just Aviation will not be liable to You or to any third party for termination of your access to the Site as a result of any violation of these Terms and Conditions.
(1) Just Aviation reserves the right to terminate your Agreement with Just Aviation if you post any advertisement that may in breach of any of these Terms and Conditions. Further, Just Aviation reserves the right to, in its absolute discretion, reject or remove any advertisement from the Site for any reason.
(2) Termination of this Agreement will not end those provisions that are capable of surviving the ending of this Agreement.
(3) Just Aviation reserves the right, and at full discretion, to change, modify or remove portions of these Terms and Conditions, at any time. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. Provided you comply with these Terms and Conditions, Just Aviation grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
(4) These Terms and Conditions are governed by the laws of the State of Victoria. Advertisers irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of the State of Victoria, and waive any objection to legal action being brought in those Courts on the grounds of venue or inconvenient forum.
Additionally, by using this Site, you acknowledge and agree that the Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others, even where there is a special notice that a particular transmission is encrypted.
Links to other sites and to the Just Aviation Site
This Site may contain links to other independent third party websites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. These linked sites are not under Just Aviation's control and is not responsible for and does not endorse the content of those Linked Sites, including any information or materials contained on those linked sites. You need to make your own independent judgement regarding your interaction with these linked sites.
This website located at www.justaviation.com.au is owned and operated by Just Aviation (ABN 88 461 036 873) ("Just Aviation"). Job seekers using www.justaviation.com.au ("the Site") are identified as "You" or "Your".
Your access to and use of information, materials and content provided on the Site is conditional upon Your acceptance and compliance with these terms, conditions, notices and disclaimers ("Terms and Conditions").
Your use of the Site is deemed as accepted of these Terms and Conditions.
Information for Personal, Non Commercial Use Only
(1) You agree that information contained on the Site is for personal use only and may not be sold, redistributed or used for any commercial purpose (this includes but is not limited to the use of Advertiser contact details for unsolicited commercial correspondence). You may download material from the Site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
(2) You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the Site including any code and software. You must not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.
Information does not Represent Professional Advice
(1) You acknowledge and agree that information published by Just Aviation is intended to provide general information in summary form only.
(2) Just Aviation does not endorse or recommend any of the jobs or Advertisers advertised on the Site and Just Aviation strongly recommends that prior to entering into any agreement with any of the Advertisers on the Site, that You obtain your own independent legal, accounting, financial or taxation advice, as appropriate. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Site or on the Internet generally.
(3) In no event will Just Aviation 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 Site.
No Guarantees of Job Vacancy
(1) Just Aviation gives no guarantee to You of the continued availability of any particular job advertised on the Site 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 Site.
(2) Whilst Just Aviation takes efforts to ensure that jobs advertised are for actual job vacancies, it gives no guarantee to you that every job advertisement represents an actual job vacancy.
No Guarantees as to Service
Just Aviation provides no warranty to You that the services generally available through its Site will be uninterrupted or error-free or that defects in the service will be corrected. You acknowledge and understand that Just Aviation cannot and does not guarantee or warrant to You that files available for downloading through the Site or delivered by electronic mail 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.
No Guarantees as to Security of your Information
While Just Aviation takes all due care in ensuring the privacy and integrity of the information You provide, the possibility exists that this information could be unlawfully observed by a third party or another person while in transit over the Internet or on the Site. Just Aviation disclaims all liability to You to the greatest extent possible pursuant to the law, should this occur.
Applying for Jobs
(1) Upon submitting your job application using the Site, Just Aviation will immediately forward your application to the Advertiser. Just Aviation does not store or hold your application for any job on its servers or email facilities. Therefore, Just Aviation recommends that you store your application in a safe location externally to the Site.
(2) Confirmation of your application to the Advertiser will be sent to your nominated email address. No other form of communication will be kept by Just Aviation between You and the Advertiser in respect of any future correspondence and/or negotiations that You might have in respect of your Job application.
(3) You warrant that any information You provide to the Advertiser is true and correct and does not contain any misleading or deceptive information relating to your personal circumstances and the job advertisement.
(4) Just Aviation takes no responsibility and will not be liable for applications containing errors, mistakes or incorrect information in any form whatsoever.
Your Responsibility For Your Password and Login
(1) If You are a registered user of the Site, You are entirely responsible if You do not maintain the confidentiality of your password and login name. Furthermore, You are entirely responsible for any and all activities that occur under your login name. You may change your password at any time by following instructions. You may also change your login by contacting Just Aviation Customer Service. You may also delete services attached to your registration at your convenience.
(2) You agree to immediately notify Just Aviation of any unauthorized use of your login name or any other breach of security known to you.
(1) You acknowledge and agree that all Content contained on the Site including any trade marks, copyright designs or patents, whether registered or unregistered are owned by Just Aviation unless otherwise indicated and You agree not to infringe any intellectual rights owned by Just Aviation.
(2) For the purposes of this clause, Content means all text, graphics, user interfaces, visual interfaces, photographs, trade marks, logos, sounds, music, artwork and computer code, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content contained on the Site.
(1) If any part of the Terms and Conditions is held to be invalid that part is to be severed from these Terms and Conditions and the remainder will continue to be valid and enforceable.
(2) Termination of the Terms and Conditions will not end those provisions that are capable of surviving the ending of the Agreement.
(3) The laws of the State of Victoria govern these Terms and Conditions. You irrevocably submit to the exclusive jurisdiction of the Courts of the State of Victoria and waive any objection to legal action being brought in those Courts on the grounds of venue or inconvenient forum.