pinkguidejobs.com (“website”)

Cavanagh Knight Pty Ltd trading as Puffta Media ("we, "us" "our") hosts an online job and recruitment directory for Australian and International businesses at www.pinkguidejobs.com (the "Website") Posting and advertising on the Website is conditional upon your acceptance and compliance with these terms and any other specific conditions, notices and disclaimers contained in the Website including the Privacy Policy therefore please read these Terms and Conditions carefully.

Amendments

We reserve the right to amend the Terms and Conditions at any time and from time to time. Such variation will become effective immediately upon posting or on such later date as we may specify whether or not we give you specific notice of any particular change. As your continued use of advertising on the Website will constitute acceptance of the revised Terms and conditions you should regularly review them.

Expectations

You are required to:

• ensure that the material you submit to the Website is accurate, complete, up to date and suitable;

• comply with all relevant local and state laws and regulations and, where applicable, all national and international laws and regulation;

• respect our and other users rights including but not limited to our intellectual property rights subsisting in material available on or through the Website.

Prohibited

You will not:

• use the Website for illegal purposes including without limitation encouraging conduct that would constitute a criminal offense;

• advertise or submit any material which violates any intellectual property rights (including, without limitation, patents, trade marks, trade names, copyright and design rights and whether remittable, registered or unregistered) or other rights of any person in any jurisdiction in the world;

• advertise or submit any defamatory, threatening, harassing, abusive, discriminatory, unlawful, obscene, offensive, profane, indecent or otherwise objectionable material of any kind;

• propagate material of any kind which contains computer worms, viruses or other types of malicious or harmful programs;

• damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to us or do anything that compromises the security of the Website

• use the Website to engage in misleading or deceptive marketing practices;

• use the Website to transmit junk mail, spam, chain letters or engage in other flooding techniques or mass distribution of unsolicited email, or

• resell, rent or lease our Website, or use of, or access to, our Website.

Intellectual Property

• Copyright in the material and trademarks on this website and www.pinkguide.com are owned by Cavanagh Knight Pty Ltd ABN 74 811 778 831 unless otherwise indicated and you agree not to infringe any intellectual property rights owned by Cavanagh Knight Pty Ltd. All intellectual property rights in data, information and materials utilised on the Website including, without limitation, all software, tools, know-how, methodologies, equipment or processes, shall remain our licensors sole and exclusive property. You acknowledge and agree that you shall not acquire any rights, title or interest in or to any of our intellectual property rights.

• By placing any information or other material on the Website you grant us a non-exclusive, perpetual, royalty free, unrestricted, worldwide license to edit, reproduce, adapt, translate, exhibit, publish, make available to the public, redistribute, transmit, broadcast, publicly perform, transfer, sublicense and otherwise use such material. This grant includes the right to exploit all intellectual property rights in any such information or other material including but not limited to rights under copyright, trade mark or patent law in any jurisdiction in the world.

Advertising Rights

We reserve the right to: • refuse to post/publish or to remove any information and/or materials (in whole or in part) that we, in our sole and absolute discretion, regard in any way objectionable or in violation of any applicable law or the Terms and Conditions without notice to you;

• modify or discontinue any services we offer at any time without notice or liability to you

• co-operate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting/publishing any materials which violate any applicable or relevant law or the Terms and Conditions.

Exclusions

You acknowledge that:

• we are not responsible for the content or conduct of any site linked to or from the Website;

• we do not endorse or recommend any of the jobs, business or self-employment opportunities advertised on its website and we strongly recommend 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 website or throughout Puffta Media.;

• the Website may experience interruptions and access difficulties from time to time and that we will not be responsible for such interruptions or access difficulties.

• we do not warrant that the Website are error or fault free or that it will meet your requirements.

• except as otherwise expressly stated in these Terms and Conditions, we make no express or implied warranties to you and expressly exclude all warranties, conditions and terms implied by statute, general law, international convention or custom, including without limitation any and all implied warranties with respect to merchantability, fitness for purpose, title and non-infringement, except for any implied condition or warranty, the exclusion of which would contravene any statute or cause this clause to be void.

Limitation and Exclusion of Liability

To the extent permitted by law:

• where the services we provide to you are subject to warranties or terms implied by statute, general law, international convention or custom which cannot be excluded, restricted or modified our liability for breach of any such condition or warranty will be limited to the supply of the services again.

• we exclude all liability to you or any other person for any loss or damage, whether arising in contract, negligence or otherwise arising out of or in connection with any use of the Website or information on or provided though the Website.

• and without limiting sub clause (b), we exclude all liability to you or any other person (whether in contract, negligence, tort, equity or otherwise) for any consequential, indirect, incidental, special, punitive or exemplary damages, including without limitation any loss of profits, loss or corruption of data or loss of goodwill, even if we have been advised of the possibility of such loss or damage.

Indemnity

You must at all times indemnify us and our affiliates and our suppliers and their respective officers, employees, contractors and agents ("those indemnified") from and against any loss, costs, expenses (including reasonable legal fees), claims, damages, settlement, penalties, fines or other liability incurred or suffered by any of those indemnified arising out of your use of the Website or breach of these Terms and Conditions.

Termination

• the Terms and Conditions are effective until terminated by us, and we may terminate them and your right to post/publish information and material and the Website at any time without notice.

• in the event of termination you are no longer authorised to advertise/publish on the Website, but all restrictions imposed on you, licenses granted by you and all our disclaimers and limitations of liability set out in the Terms and Conditions will survive.

• in the event of termination we will not be liable to you for any claims of any kind arising from removal of your advertising from the Website whether on account of the loss by you of present or prospective profits, anticipated orders, expenditures, investments or commitments made, goodwill created or on account of any other cause whatsoever.

Circumstances beyond our control

We will not be liable for any failure or delay in the performance of our obligations to you if that failure or delay is due to circumstances beyond our reasonable control including, without limitation, any act of God or other cause beyond our reasonable control including any mechanical, electronic, communications or third party supplier failure.

Notices

We may provide notices to you by simply posting the notice on the Website. This is in addition to any other mode of services permitted by law. Since it is impossible to notify every member individually when changes occur we will post all such changes on our website www.pinkguidejobs.com and www.pinkguide.com and it will also be included in any newsletter.

General

• any provision of the Terms and Conditions that is invalid, negated or unenforceable will be deleted and the remainder will continue to have full force and effect.

• you may not assign any of your rights or obligations under the Terms and Conditions without our prior written consent. We may assign our rights or obligations under the Terms and Conditions at any time without notice to you.

• a waiver by us of a provision of or right under the Terms and Conditions is only binding on us if it is in writing and executed by us. In addition the waiver will only be effective in the specific instance and for the specific purpose for which it was given.

• the Terms and Conditions are governed by the laws of each and every Australian State and Territory and each party irrevocably submits to the non-exclusive jurisdiction of the Courts of the State or Territory where their business originates. In the event of the business originating from an international location other than Australia, then Australian law will apply and businesses, corporations, partnerships and individuals will be governed under Australian law. In the event of a dispute or law proceeding, all actions will be administered in Australian courts of law.

• all rights not expressly granted in the Terms and Conditions are reserved.

Refund Policy

• in the event that a business, company, individual wishes to terminate their advertising with us, that business, company, individual must give us twenty working days notice of their intention to do so in writing addressed to Cavanagh Knight Pty Ltd, PO Box 6272, Cairns, Queensland, Australia, 4870.

• upon receipt of such a termination notice we will confirm the notice with the sender and confirm the termination date of the contract. Refunds will be at our discretion.

• in the event we terminate a clients’ advertising under the terms of paragraphs 6 and 10 of this document we will automatically refund any fees paid in advance by the business, company, individual as a matter of course but limited by refund policy clause b.