Section A - Subscriptions

The term "Arts Hub Australia" refers to the owner of the website the terms "yours" "Subscriber(s)" or "Member(s)" refers to the user/viewer of Arts Hub Australia's website. These Terms govern the use and all of its material accessed through Arts Hub Australia for Individual & Organisational Subscribers/Members. Individual & Organisational Subscribers/Members must agree to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Arts Hub Australia's relationship with you in relation to this website.

Subscription Terms

Arts Hub Australia's Individual & Organisational Subscription/Membership is subject to the following Subscription Terms:

1. Content posted by Arts Hub Australia is only available to paid Subscribers/Members. It must not be distributed, accessed or shared in any way to any non-subscribed entity (excluding IP Licences see section 17).
2. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms and Conditions.
3. Neither Arts Hub Australia nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
4. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
5. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
6. Any Subscriber/Member found misusing any Arts Hub Australia services, including using it to promote activities that relate to gambling, pornography, civil disturbance or any other activity deemed unfit by Arts Hub Australia P/L will be instantly barred. Arts Hub Australia reserves the right to terminate any Individual or Organisational Subscriber/Member without notice if found to be in violation of this policy.
7. Arts Hub Australia does not & cannot guarantee to any Advertiser that files available for downloading through our website or via electronic mail through our website will be free of viruses, infections, worms, Trojan horses or any other code that may contaminate or have destructive properties. It is the responsibility of all Subscribers/Members to implement sufficient procedures and checkpoints to satisfy their 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.
8. Arts Hub Australia will not be held liable for loss resulting from any action or decision by you in reliance on the information on the web site or services, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.
9. Arts Hub Australia does not provide any warranty to Subscribers/Members that the services generally available through the website will be uninterrupted or free of errors. Arts Hub Australia agrees to use all of its available resources to ensure that any disruptions to or a denial of access to the Website is rectified as soon as possible.
10. Arts Hub Australia P/L reserves the right to change, amend or remove any available services, pricing & offers on its website at any time and without prior notice.
11. Arts Hub Australia may choose to amend or remove any part of these Terms & Conditions without prior notice to the Subscriber/Member, any remaining part of these Terms & Conditions will continue to be valid and enforceable.
12. By continuing to use your subscription all Subscribers/Members are agreeing to be bound by any future changes to these Terms & Conditions.
13. Arts Hub Australia reserves the right and all Subscribers/Members must accept as a condition of using the website Arts Hub Australia's right to remove any information posted to the Arts Hub Australia website which it sees as a violation to any of the Terms & Conditions.
14. Arts Hub Australia reserves the right at all times and without prior notice to Subscribers/Members to alter the appearance and or functionality of any of its products and services relating to the Arts Hub Australia website.
15. You the Subscriber/Member are solely responsible for ensuring that you regularly review these terms and any other notices of communications made by Arts Hub Australia relating to your subscription.
16. The sharing of Individual & Organisational logins is strictly prohibited Arts Hub Australia reserves the right to terminate Individual or Organisational Subscriber/Members without notice if found to be in violation of this policy.
17. Information sharing is limited only to Subscribers/Members who hold separate IP Licenses with Arts Hub Australia. Please note that IP licenses only allow news related information to be shared, all other information sharing is strictly prohibited. Arts Hub Australia reserves the right to terminate Individual or Organisational Subscriber/Members without notice if found to be in violation of this policy.
18. All Subscriber/Members must warrant and undertake that they have the legal power & capacity to enter into this agreement and perform its obligations under it.
19. All Subscriber/Members must warrant and undertake that advertisements posted on the website do not breach the intellectual property rights of any third party.
20. All Subscriber/Members must warrant and undertake that all files sent to Arts Hub Australia will be free of viruses or and infection.

Subscription Charges

Arts Hub Australia's Individual Subscription/Membership charges are subject to the following Terms:

21. Arts Hub uses recurring subscriptions provided by Future Pay. These subscriptions have a set period depending on the type selected by the subscriber (either 14 days or 365 days), which will automatically convert or renew. These payments will automatically be billed to you at the end of your subscription period. The auto-payment will be scheduled to occur 7 days before the expiration of the current subscription.
22. Arts Hub Australia endeavours to send renewal reminder emails 30, 15, and 7 days before renewal is to take place. It is your responsibility to note these emails and take action to cancel your renewal before the payment is processed, should you wish to discontinue your subscription.
23. If you wish to cancel the auto-payment, you must do so before the charge is processed (i.e. 8 days before subscription expiry). Cancelling your recurring subscription can be done by logging into My Arts Hub Account.
24. Subscribers/Members agree to make payment in full for any chargeable service which is used on the Arts Hub Australia website.
25. If you have opted for a 12 month pay-per-month subscription you may cancel before the first 12 months have elapsed, however a $66 early exit charge will be billed to you and any monthly charges already processed will not be refunded.
26. If your subscription payment is made by cheque or EFT your subscription will commence on the day we receive payment. You will be given notification via email of the commencement of your subscription.
27. If your payment for any reason is not cleared, Arts Hub Australia reserves the right to suspend your account until payment is made. Subscription fees will be based upon the subscription rates in effect at the start of each subscription term and apply whether or not you use or access the content on Arts Hub Australia.

Termination or cancellation of your subscription

Termination or cancellation of Arts Hub Australia's Individual & Organisational Subscription/Membership is subject to the following terms:

29. When subscribing to any service with Arts Hub Australia please choose carefully. We do not give refunds just because you change your mind.
30.  It is the responsibility of the Subscriber/Member to keep records of any purchase(s) made through Arts Hub Australia.
31. In accordance with these conditions, you acknowledge that unless you notify us that you wish to cancel your subscription before the end of your then current subscription term, your subscription will continue to automatically be renewed for successive terms of the same duration. Your credit card will be charged for each such renewal at the Subscription fee in effect at the time of renewal.

Trial Terms

Arts Hub Australia's Individual Trial Subscription/Membership is subject to the following terms of use:

33. Upon subscribing to a Trial Subscription you will receive 14 days access to Arts Hub Australia as listed on the Arts Hub Australia website at the time of purchase.
34. If you decide not to subscribe to Arts Hub Australia's full 12 month membership once you have begun your 14 day Trial period then you must cancel your subscription within this 14 day period. If you do not cancel during this trial period, the initial term of your regular Arts Hub Australia subscription will commence 14 days after you signed up and your credit card will be charged.
35. In order to cancel this subscription you will need to log in to your "My Arts Hub Account" and then click on the link marked "Cancel My Future Pay Agreement"
36. After your trial, once your full subscription has commenced, you can at any time change your package in accordance with these subscription terms.
37. You can only cancel your subscription in accordance with the subscription terms listed above.

Advertising

All Individual & Organisational Subscriber/Member advertising listed through Arts Hub Australia (excluding job advertising - Please refer to Job Advertisement Terms & Conditions) are subject to the following terms:

38. Advertisers must adhere to the principles of truth in advertising set out in the RCSA's code of Practice.
39. Subscriber/Members must ensure that they are familiar with the advertising requirements of each available category on the Arts Hub Australia website. All Subscribers/Members must ensure appropriate placement of advertisements. Arts Hub Australia reserves the right to re-classify any advertisements posted to the Arts Hub Australia website.
40. Subscriber/Members wishing to sell any items through Arts Hub Australia's classified section must use the classification section marked "Paid" to do so. Once any pre-paid or complimentary "Paid" listings have been used this classification will be charged to you at the shown rates.
41. Failure to comply with this policy will result in account suspension/termination.
42. Subscriber/Members placing advertisements indemnify and will keep indemnified Arts Hub Australia, its officers, employees and agents against all claims, suits, actions, liabilities, actual or contingent costs, damages and expenses incurred by Arts Hub Australia in connection with:
    1. any negligent act or omission by the Advertiser
    2. any breach of this agreement by the Advertiser
    3. the listing or proposed listing of any advertisement by an Advertiser on the website or any related website or
    4. an actual or alleged breach by an Advertiser of any law, by-laws, legislation, regulations, ordinances or codes of conduct which occurs a consequence of the Advertiser's advertisement appearing on the website.
43. Advertisers agree at all times to deal with any information or products provided by Arts Hub Australia or accessed from the Site in a manner which abides by all applicable laws of Australia, or of any other relevant jurisdiction (including, without limitation, privacy and copyright laws)
44. Arts Hub Australia is not liable for any loss or damage incurred by any Subscriber/Member advertiser as a result of any failure or delay in listing an advertisement. Arts Hub Australia agrees to use reasonable efforts to publish advertisements in the shortest possible time.

Licence

44. An individual subscription/membership permits access by a single person using the log in details for that subscription.
45. An organisational/recruitment agency subscription/membership permits access to only the designated log in(s) name(s) which have been assigned to the account.
46. You must NOT share your log in details with anyone else. This will result in the relevant subscription/membership being suspended or possibly terminated.
47. Extra logins are available to individual/organisational Subscriber/Members at an additional cost.
48. Organisations can purchase separate IP Licences to allow their users to view Arts Hub Australia's news and archival news as a resource tool. It does not however allow any user access to other features of the website such as the ability to place or view job advertisements. Prices for IP Licence's are available upon application.

Copyright

49. All material on Arts Hub Australia is copyright and as such Subscriber/Members may only use this material for the purpose of personal reference only.
50. Except for the temporary copy held in the computer's cache and a single permanent copy for your personal reference, Arts Hub Australia's material may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part (except where such use constitutes fair dealing under the Copyright Act) without our prior written approval.
51. You may not use any part of the material on our web site or service to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.
52. You may deep link to content where this is available.
53. In the case the material is generated by Arts Hub (flagged as "Arts Hub" in the News section for example), the source must always be acknowledged as "Arts Hub".
54. Some news material on this web site comprises links to external services, in these instances you must adhere to any conditions of use imposed by the originating web site. Arts Hub Members Card Program
55. Organisational membership entitles the Subscriber/Member to opt into our Arts Hub Members Card Program. By choosing to opt into this program the organisation will become an Arts Hub Membership Partner. This means that the organisation must offer a discount on their product or service separate and exclusive from anything else which the Organisation may have available to non Arts Hub members at the time.
56. The Arts Hub Members Card Program is totally voluntary and organisational Subscriber/members can choose to opt out of this program. An Organisation who has opted into The Arts Hub Members Card Program may also choose to opt out of the program at any time by contacting Arts Hub Australia directly.
57. The Arts Hub Card Program has been designed to offer our Individual Subscribers/Member's exclusive discounts on products & services. These discounts are given by those Organisational Subscribers/Member's who choose to opt into our Arts Hub Card Program. Any discounts offered must be given as stated at the time and it is the organisations duty to periodically check their listed offers on our website to confirm their accuracy, any incorrect information should be corrected as soon as possible. Failure to comply with this will result in suspension/termination of your Arts Hub Australia Subscription/Membership.

Registration Forms and Personal Information

58. Arts Hub requires you give us your name, email address and other basic personal information to subscribe and provide you with the service as required/stated.
59. We do not sell, distribute or otherwise give any other organisation access to the personal information you provide as part of the membership registration, except where necessary to provide you with service (e.g. our payment system World Pay).
60. When subscribing you can opt in to receive occasional marketing messages from related third parties, if you choose to opt in your information will not be passed on to these parties, Arts Hub would send an email to you on their behalf.
61. We may use the information you have supplied in order to make contact with you in the future, but only in reference to the business activities of Arts Hub Australia P/L and Arts Hub.
62. Arts Hub does not store your credit card details. They are processed through a secure payment system, and recorded securely and privately.
63. There is more information about security on our Help pages.
64. You can choose to opt out and unsubscribe from any other mailing list we operate at any time by updating your subscription preferences in My Arts Hub Account.
65. If you submit anything to the Arts Hub website (for instance an Announcement or a Positions Wanted Advertisement), any or all of the information you have supplied will be made public, and widely distributed.
66. It is solely your responsibility to ensure the accuracy of the information. We will not be held liable for any claims, actions or other proceedings or complaints that may arise from the publication of the information you have supplied.
67. We reserve the right to edit, delete, re-word or otherwise modify any advertisement or listing if deemed necessary. Please note the disclaimers on the various jobs pages. Please see the Privacy Policy for further information about how we maintain and manage personal information.

Discussion Forums

68. The discussion forums (Editors Desk, Arts Blogs, Arts Forums and Your Say) are offered as a public service, and may be open to both Arts Hub Subscribers and the public.
69. Arts Hub Australia does not accept any responsibility or liability for messages posted in the Forums. We reserve the right to edit or delete any messages we believe are not compatible with the aims and philosophy of the forums, or to ban any user for any reason we determine.

Security

70. This site, via its web hosting service provider (Web Central), has security measures in place to protect the loss, misuse, and alteration of the information under our control. However, we will not be held liable for a breach of security caused by the performance failure of Web Central, or any other third party service provider. All credit card transactions are via an encrypted secure server. Contacting the Web Site
71. If you have any questions about this statement, the practices of this site, or your dealings with this Web site, please contact: info@artshub.com.au Statutory Rights
72. Please remember that you have statutory rights as a consumer under the Trade Practices Act and other legislation. A good starting point for more information is the Australian Competition and Consumer Commission. Our rights
73. We may decide to buy or sell assets which form part of or relate to our business. In any such transaction, personal information will usually be one of the transferred assets and will be disclosed to the purchaser.
74. We may from time to time update these Conditions of Use, and will post the latest version here on the web site, and endeavour to notify members via our usual email bulletins. Governing Law
75. This Agreement is governed by the law in force in Victoria, and the parties submit to the exclusive jurisdiction of the courts in Victoria

Section B - Job Advertising

Advertisers on www.artshub.com.au identified as "Advertisers" or “Advertiser” agree to be bound by the following Terms and Conditions.

1. Arts Hub Australia requires all Advertisers comply with 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 they conduct business. If any exemption to comply with this legislation has been granted, Arts Hub Australia requires the inclusion of an exemption number to the submitted advertisement.
2. Advertisers indemnify and will keep indemnified Arts Hub Australia, its officers, employees and agents against all claims, suits, actions, liabilities, actual or contingent costs, damages and expenses incurred by Arts Hub Australia in connection with:
   1. any negligent act or omission by the Advertiser
   2. any breach of this agreement by the Advertiser
   3. the listing or proposed listing of any advertisement by an Advertiser on the website or any related website or
   4. an actual or alleged breach by an Advertiser of any law, by-laws, legislation, regulations,  ordinances or codes of conduct which occurs a consequence of the Advertiser's advertisement appearing on the website.
3. Job advertisements may be reviewed by Arts Hub Australia prior to publication. Arts Hub Australia may withdraw (and without notice to the Advertiser) any advertisement that is seen to be in breach of any clause of this agreement or of any law or regulation. If the Advertiser lists any advertisement that may be considered in breach of any law or regulation Arts Hub Australia reserves the right to terminate this agreement immediately. Arts Hub Australia also reserves the right to reject or remove any advertisement at it's discretion from the website.
4. Arts Hub Australia does not & cannot guarantee to any Advertiser that files available for downloading through our website or via electronic mail through our website will be free of viruses, infections, worms, Trojan horses or any other code that may contaminate or have destructive properties. It is the responsibility of all Advertisers to implement sufficient procedures and checkpoints to satisfy their 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.
5. Arts Hub Australia does not provide any warranty to Advertisers that the services generally available through the website will be uninterrupted or free of errors. Arts Hub Australia agrees to use all of its available resources to ensure that any disruptions to or a denial of access to the website will be remedied as soon as possible
6. Arts Hub Australia makes every possible effort to avoid any errors in the advertisements it has agreed to post to the website. Arts Hub Australia accepts no responsibility or liability for any errors on the website and requires that all Advertisers check their advertisements for errors as soon as they are placed on the website. All reasonable efforts will be undertaken by Arts Hub Australia to edit any errors which brought to Arts Hub Australia's attention as soon as reasonably possible
7. Arts Hub Australia will not be held liable for any failure/delay to perform its obligations under this agreement if the failure/delay is due to circumstances beyond its reasonable control
8. Arts Hub Australia is not liable for any loss or damage incurred by an Advertiser as a result of any failure or delay in listing an advertisement. Arts Hub Australia agrees to use reasonable efforts to publish advertisements in the shortest possible time
9. The Advertiser warrants and undertakes that:  
   1. It will not use the Site for any illegal purpose.
   2. It has the legal power & capacity to enter into this agreement and perform its obligations under it.
   3. Advertisements and other works posted on the Site do not breach the intellectual property rights of any third party.
   4. All files sent to Arts Hub Australia will be free of viruses or and infection.
10. Advertisers agree at all times to deal with any information or products provided by Arts Hub Australia or accessed from the Site in a manner which abides by all applicable laws of Australia, or of any other relevant jurisdiction (including, without limitation, privacy and copyright laws)
11. Advertisers must adhere to the principles of truth in advertising set out in the RCSA's code of Practice. Advertisers must have permission to recruit for the position before placing any Advertisements
12. Advertisers 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:
    1. Trade Practices Act 1974 (Cth), including but not limited to s.53B which requires that Advertisers that are companies not mislead persons seeking employment as to the availability, nature, terms or conditions or, any other matter relating to the employment opportunity being offered
    2. Fair Trading Acts in all applicable States and Territories
    3. Privacy Act 1988 (Cth) including the National Privacy Principles and
    4. Estate Agents Acts in all applicable States and Territories.
13. Advertisers agree not to ask or require any candidate to pay a charge, fee, cost or any money whatsoever to apply for any job advertised on the website, whether such charge, fee, 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
14. Advertisers agree not to use the website to post any positions which are or maybe considered to be pyramid schemes.
15. Advertisers agree not to use any part or feature of the website to send unsolicited commercial email to candidates, whether individually or as a group. Advertisers using any of the supplied Candidate management tools on the website may only communicate with candidates with regards to the specific vacancy to which they have applied. Resume database tools on the website may only be used to communicate with candidates about specific vacancies which match Advertiser preferences
16. Advertisers are not permitted to link from Arts Hub Australia's job application process to any external websites/externally hosted application forms without Arts Hub Australia's written approval. Such approval is subject to strict terms and conditions
17. Advertisers may not transfer or assign any rights and obligations pursuant to this agreement to any other person or entity without Arts Hub Australia'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
18. Advertisers agree that Arts Hub Australia retains all intellectual property rights contained in any of the goods and services provided to you by Arts Hub Australia
19. Unless specified in this agreement, Advertisers may not post advertisements to the Site under any of the following locations: any New Zealand location, UK - London, UK - Other, Ireland or Overseas – Other. Arts Hub Australia reserves the right to charge an Advertiser Arts Hub Australia's then applicable standard casual rate for any advertisement posted to any location specified above in breach of this clause
20. Advertisers acknowledge and agree that Arts Hub Australia acts as a medium through which individuals seek employment opportunities and that Arts Hub Australia does not vet nor is it responsible for vetting job candidates or the representations (whether oral or in writing – including those representations appearing in job candidates resumes appearing on Arts Hub Australia's candidate database) made by them. Arts Hub Australia disclaims all liability for any costs, loss, damages or any loss of profits which are sustained as a consequence of any Advertiser employing or engaging any person sourced through the Arts Hub Australia website.
21. Advertisers understand and agree that the following actions constitute a new/additional job advertisement under this agreement: copying a job ad re-posting/renewing an archived or deleted job ad extending a job ad beyond 30 days changing a job classification and refreshing any job posting. Refreshing is the process of deleting and re-posting/renewing the same or substantially similar job advertisements
22. Advertisers understand and agree that when an Advertisement is placed via a bulk data import process, changing any jobs ad reference number constitutes as a new job ad. If an Advertiser is using a bulk data import process, the Advertiser must ensure that they understand the effect which bulk data importing may have on renewing (refer to section 21) job ads. Arts Hub Australia will count all new/additional job advertisements against the Advertiser's account and will invoice the Advertiser accordingly. Changes to job ad body copy and ad title or location, work type, industry and occupation categories within the existing zone do not constitute a new job ad, regardless of the method used to post the ad
23. Advertisers acknowledge and agree that they must only advertise one job role per job advertisement posted on to the Arts Hub Australia website. If any Advertisers breach this obligation and have advertised multiple job roles in the one job advertisement, Arts Hub Australia reserves the right to charge the Advertiser for the number of job roles advertised in the one job advertisement posted on to the Arts Hub Australia website
24. Advertisers may only use the information stored on the candidate database for the purpose of identifying candidates whose work preferences for location, work type, industry and occupation match the Advertisers current job advertisements with Arts Hub Australia. Advertisers must not use or forward any candidate information on the Arts Hub Australia website without first gaining permission from the candidate
25. Access to Arts Hub Australia's candidate database is available only to Arts Hub Australia Advertisers and this information must not be passed onto any other third party without the prior approval of Arts Hub Australia
26. Advertisers must ensure that they are familiar with the advertising requirements of each available category on the Arts Hub Australia website to ensure appropriate placement of job ads. All Advertisements posted to the website must be posted to the appropriate category. Arts Hub Australia reserves the right and all Advertisers must accept as a condition of advertising on the website Arts Hub Australia's right to re-classify any advertisements posted to the Arts Hub Australia website
27. Arts Hub Australia reserves the right and all Advertisers must accept as a condition of advertising on the website Arts Hub Australia's right to remove any advertisements posted to the Arts Hub Australia website which it sees as a violation to any of the Terms & Conditions
28. Arts Hub Australia reserves the right at all times and without prior notice to Advertisers to alter the appearance and or functionality of any of its products and services relating to the Arts Hub Australia website.
29. Advertisers must not release to the public any news releases, advertising material, promotional material or any other form of publicity relating to Arts Hub Australia without first gaining prior written approval from Arts Hub Australia
30. Arts Hub Australia may choose to amend or remove any part of these Terms & Conditions without prior notice to the Advertiser, Any remaining part of this agreement will continue to be valid and enforceable
31. Termination of this agreement will not end those provisions that are capable of surviving the ending of this agreement
32. This agreement is governed by the laws of Victoria. Advertisers irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of Victoria, and waive any objection to legal action being brought in those Courts on the grounds of venue or inconvenient forum.