This User Agreement sets forth the Terms & Conditions governing the access and use of our site (the “Website”) by you, the user. In these Terms & Conditions, “the Company”, "we" and "us" means Lush Media, ABN 36 581 266 010, whose registered address is Suite 2, 876A Pittwater Road, Dee Why, 2099. The terms "you" and "user" refer to all individuals and/or entities accessing this Website for any reason. If you use our Website, you agree to comply with the applicable Terms & Conditions of this User Agreement. If you do not accept the Terms & Conditions stated here, do not use this Website and service. By using this Website, you are indicating your acceptance to be bound by the terms of this Agreement. The Company reserves the right to make changes to these Terms and Conditions and to notify you by posting an updated version on our Website. You are responsible for regularly reviewing the Terms and Conditions. Continued use of the Website after any such change shall constitute your consent and acceptance of any changes.

Use of the Company Website

All Materials appearing on this Website (“Material”), including Website design, text, graphics, icons interfaces, the “look and feel” and the selection, assembly and arrangements are owned by the Company. Permission is granted to electronically copy and to print hard copy portions of these Materials for private use only. Any other use of Materials on this Website, including but not limited to, reproduction for purposes other than those noted on our Website, modification, transmission, display, distribution or republication, without the prior written permission of the Company is strictly prohibited. You must retain all copyright and other proprietary notices contained on any copy you make of the Material. The use of the Website and the Material is at your own risk. The Company shall not be responsible for any decisions an entity or person posting jobs on the Website makes in regard to employment, including review or acceptance of posted articles. The Company reserves the right to either reject or remove any advertisement from the Website for any reason whatsoever.

You may not use the Website:
(a) for the posting, uploading, emailing or other transmission of any Material, the publication, dissemination, use or possession of which infringes the rights of any person or which is unlawful in any other respect;
(b) in any way which is abusive, defamatory or obscene or which will harass, distress or inconvenience any person or which might restrict or inhibit the use and enjoyment of the Website by any person; 
(c) for the posting, uploading, emailing or other transmission of any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or commercial exploitation;
(d) for the posting, uploading, emailing or other transmission of any Material that contains software viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment;
(e) to create a commercial database (electronic or otherwise) that includes Material downloaded or otherwise obtained from the Website; 
(f) to transmit or re-circulate any Material obtained from the Website to any third party;
(g) in such a way so as to remove the copyright or trade mark notice(s) from any copies of any Material made in accordance with these terms; or
(h) in any way that might bring the Company into disrepute.
(i) to post generic advertisements not relating to a specific job or position. 
(j) to post jobs & positions relating to more than one state in Australia.
(k) The Company will not accept links or references to any competitor web sites.

All Advertisers must adhere to the principles of truth in advertising as per the RCSAs code of Practice. Advertisers should only place job ads for permanent positions for which they have permission to recruit.

Limitation of Liability

The aggregate liability for the Company to you for all claims arising from the use of the Materials is limited to $100.

Website Content

Some of the content in the Website may be provided by third parties. The Company is not responsible for the content of any of this third party data, nor is the Company responsible for the completeness or accuracy of any such data. As Users of the Website add their own content to the site, such content is solely the responsibility of the party providing the content. The Company is not responsible in any way for such content, and may not review such content in any way, including, without limitation, screening such content for the presence of computer viruses. The Company is not liable for any loss or damage incurred by a third party as a result of any failure or delay in listing an advertisement, for whatever reason. The Website has not been designed to utilise anything but plain text advertisements and we reserve the right to alter, delete or suspend an advert if required for any reason and without notice if anything other than plain text has been used. 

We use reasonable endeavours to ensure that the data on the Website is accurate and to correct any errors or omissions as soon as practicable after being notified of them. To the extent permitted by applicable law, we disclaim all warranties and representations (whether express or implied) as to the accuracy of any information contained on the Website. We do not guarantee that the Website will be fault free and do not accept liability for any errors or omissions. You are responsible for checking the accuracy of relevant facts and opinions given on the Website before entering into any commitment based upon them.

Registration and Password 
You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorised by you. You agree to immediately notify the Company of any unauthorised use of your registration or password. 

In order to access parts of our Website, you must first register by completing a registration form. If you do not register, you will not be able to gain access to some parts and functions of the Website. By registering, you agree to comply with these Terms and Conditions. You represent and warrant that the information contained in the registration form is complete and accurate.

Registration on our Website is limited to persons who are eligible to enter into contracts under applicable law. This means, among other requirements, you must be 18 years of age or older to be accepted as a registered user of our Website. If you do not meet these requirements, you are not permitted to register on our Website. The Company reserves the right to reject your application to become a registered user. The Company also reserves the right to suspend user privileges and block access of any registered user who violates any part of these Terms & Conditions. 

Payments Due

You agree to pay the current fees as displayed on the Website for all products and services purchased, no matter by whom, under your name. You agree to make payment based upon the payment terms set out on your invoice. Invoices are produced online at the time of purchase and are to be saved by you either electronically or in printed form. If any authority imposes a duty, tax, levy or fee on your use of any services or goods, you agree to pay that amount. You agree to pay a late fee of 1.5 percent per month (or the highest amount allowed by law, whichever is lower) above the current Reserve Bank rate if your payment is not received by the due date set in the invoice. Such interest shall accrue daily and be compounded monthly. In addition, we may suspend your access to and use of the Website. You also agree to reimburse the Company for all collection fees incurred in order to collect any unpaid balance on your account. You are responsible for the selection of, use of and payment for any telecommunications, Internet access, and other systems and services required for you to get access to our Website. Prices set by the Company are subject to change at any time without notice.

Indemnification

You agree to defend, indemnify and hold harmless the Company and any of its directors, officers, agents and employees from and against any and all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of or related to (i) any breach by you of any Term or Condition of this Agreement or (ii) your engagement in any transactions on or use of our web site including, without limitation, any disputes between you and another user or any other party and any other claims arising out of or in any way connected with any transactions conducted via our Website. If any such action shall be brought against any indemnified party, they shall notify you in writing and you shall assume and control the defence and settlement of each such action, including the employment of counsel and payment of all expenses. Any indemnified party shall have the right to employ separate counsel in any such action and participate in the defence, at their own cost unless otherwise agreed to by you.

Links

When using our Website, you may sometimes be linked to other websites. These websites are not operated by us, and you may be required to agree to additional Terms and Conditions in order to access information or services from these websites.
If you decide to access linked third-party Web sites, you do so at your own risk.

Terms & Conditions of this Website

If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable, it shall be severed and deleted from the Terms and Conditions and the remaining Terms and Conditions shall survive, remain in full force and effect and continue to be binding and enforceable. These Terms and Conditions shall be governed by and construed in accordance with the laws of Australia. Any disputes arising from matters relating to the Website shall be exclusively subject to the jurisdiction of the courts of Australia.

Disclaimer of warranties

Access to the Company Website and its content, products and services are provided "as is." The Company does not make any warranties or representations, expressed or implied, concerning the merchantability, quality, non infringement or fitness for a particular purpose of our Website or its content, products or services. You assume all risk of use. No warranty is given that the services will be error-free, free of viruses or uninterrupted. The Company is not responsible for invalid destinations and transmission errors in, corruption of, or the security of information carried over telecommunications carriers' or other providers' facilities. The Company has no liability for faulty or interrupted communication links, or emails that are initiated via the Website listing(s), nor for the contents of any such communications. The Company makes no representation with regard to any level of contact that an end user customer can expect or will receive as a result of any Website listing(s). You acknowledge that substantial amounts of the content of the Website are provided by third parties, and the Company has no control over, or liability for any such content. Under no circumstances will the Company be responsible for the use by you of, or results achieved by you from the services or any data accessed through the Website.

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