Terms and Conditions

These Terms and Conditions (Terms) govern access to and use of the online platform operated by SWN Pty Ltd ACN 604 635 118 ABN 73 604 635 118 of 5 / 29-33 Orlando St, COFFS HARBOUR NSW 2450 trading as Kookaburra Veterinary Employment (Kookaburra Veterinary Employment, we, us, our), including the website at https://kookaburravets.com/ and any related services (Platform).

  1. Definitions and interpretation
    1. Definitions
      Advertiser means a veterinary practice or other business that purchases a Subscription to post an Advertisement.
      Advertisement means a job advertisement or listing for a single vacancy at a nominated location posted on the Platform (including any text, images, branding, links and application instructions).
      Candidate means an individual who uses the Platform to view Advertisements and/or contact Advertisers. Content means any material posted, uploaded, transmitted or made available on or via the Platform, including Advertisements and Candidate communications.
      GST has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
      Subscription means the paid advertising subscription selected by the Advertiser.
      Subscription Fee means the recurring fee payable for the Subscription, as notified at the time of purchase or renewal.
      User means any person who accesses or uses the Platform (including Advertisers and Candidates).
    2. Interpretation
      Headings are for convenience only and do not affect interpretation. A reference to a statute includes amendments and replacements.
  2. Acceptance of Terms
    1. By accessing or using the Platform, a User agrees to be bound by these Terms.
    2. If a User does not agree to these Terms, the User must not use the Platform.
    3. Where an individual uses the Platform on behalf of an entity (e.g., a veterinary practice), that individual warrants they have authority to bind that entity.
  3. Nature of service (introduction only; not an employment agency)
    1. Kookaburra Veterinary Employment provides:
      1. a platform for Advertisers to publish Advertisements; and
      2. tools that allow Candidates to view Advertisements and contact Advertisers (Introduction Services).
    2. Kookaburra Veterinary Employment is not:
      1. an employment agency, recruitment agency, labour hire provider, or placement service;
      2. an agent for any Advertiser or Candidate; or
      3. a party to any employment, contractor, or other engagement arrangement between an Advertiser and a Candidate.
    3. Kookaburra Veterinary Employment does not:
      1. screen, verify, or guarantee the identity, qualifications, registrations, work rights, availability, suitability, fitness, references, or background of Candidates;
      2. verify the accuracy or legality of Advertisements; or
      3. guarantee any response volume, quality, hiring outcome, or time to fill.
    4. All decisions regarding hiring, engagement, remuneration, conditions, workplace relations compliance, and lawful advertising are solely the responsibility of the Advertiser.
  4. Eligibility and compliance
    1. Users must be at least 18 years of age to use the Platform.
    2. Users must comply with all applicable laws, including (as applicable):
      1. Fair Work Act 2009 (Cth) and workplace relations laws;
      2. anti-discrimination laws (Commonwealth and NSW);
      3. privacy and spam laws; and
      4. any professional regulation applicable to veterinary practice and employment.
  5. Advertisements and content standards
    1. Accuracy and lawfulness
      Advertisers warrant that each Advertisement and all related Content is accurate, not misleading or deceptive, and complies with all applicable laws (including anti-discrimination laws and the Australian Consumer Law where applicable).
    2. Prohibited content
      Users must not post Content that:
      1. is unlawful, defamatory, threatening, harassing, obscene or otherwise objectionable;
      2. infringes intellectual property rights, privacy rights, or confidentiality obligations;
      3. contains malware, harmful code or attempts to interfere with the Platform;
      4. misrepresents the identity of the Advertiser or the nature of a role;
      5. promotes unlawful discrimination or expresses unlawful preferences or exclusions;
      6. contains third-party personal information without consent; or
      7. contains hyperlinks (except as we may expressly permit at our absolute discretion).
    3. Moderation and removal
      Kookaburra Veterinary Employment may (but is not obliged to) review, refuse, edit, remove, or disable access to any Content where it considers, acting reasonably, that the Content:
      1. requires amendment to comply with these Terms or to correct errors or omissions;
      2. breaches these Terms;
      3. poses legal or reputational risk; or
      4. may adversely affect Platform integrity or other Users.
    4. Backups
      Users should retain their own copies of Content. To the maximum extent permitted by law, Kookaburra Veterinary Employment is not responsible for loss of Content.
  6. Candidate communications and handling of personal information
    1. Candidates may contact Advertisers using features provided by the Platform.
    2. Advertisers acknowledge and agree that:
      1. Candidate information received through the Platform must be handled in accordance with applicable privacy laws and the Advertiser's own privacy obligations;
      2. Candidate information must only be used for recruitment/engagement discussions relevant to the Advertisement (unless the Candidate separately consents); and
      3. Candidate information must be stored securely and not disclosed to third parties except as permitted by law or with the Candidate's consent.
    3. Kookaburra Veterinary Employment's handling of personal information is detailed at https://kookaburravets.com/privacy.htm (Privacy Policy). The Privacy Policy forms part of these Terms.
  7. Subscription, fees and billing
    1. Subscription services
      The Advertiser purchases a Subscription that allows an Advertisement to be posted and displayed on the Platform in accordance with the Subscription plan selected.
    2. Fees
      1. The Advertiser must pay the Subscription Fee as per invoice rendered by Kookaburra Veterinary Employment.
      2. Unless stated otherwise, fees are stated in Australian dollars and are inclusive of GST. If GST is payable, a tax invoice will be issued as required by law.
      3. Kookaburra Veterinary Employment may offer promotions or discounted rates at its discretion for specified periods.
    3. Provision of card details and authority to charge
      By providing credit/debit card details over the phone (or otherwise authorising Kookaburra Veterinary Employment to record and process those details), the Advertiser:
      1. authorises Kookaburra Veterinary Employment (and its payment processor) to charge the nominated card for the Subscription Fee and any other amounts payable under these Terms (including applicable taxes);
      2. acknowledges that the charge will be processed on notice to the Advertiser when due; and
      3. confirms it is authorised to use the card and to provide the details for the purposes of an individual payment, or in the case of supplying a recurring billing and storage authority, for recurring billing.
    4. Storage and processing of card details
      1. Kookaburra Veterinary Employment may store card details in a tokenised form through a compliant payment service provider, or may otherwise process card details in accordance with PCI DSS requirements (as applicable to Kookaburra Veterinary Employment's arrangements).
      2. Kookaburra Veterinary Employment does not guarantee that telecommunications or payment networks will be free of interruption or error.
    5. Failed payments
      If a payment fails:
      1. Kookaburra Veterinary Employment may re-attempt processing;
      2. the Advertiser must promptly provide updated payment details; and
      3. Kookaburra Veterinary Employment may suspend or remove Advertisements and/or suspend access until all overdue amounts are paid.
    6. Chargebacks and payment disputes
      Where an Advertiser initiates a chargeback or payment reversal without first raising the dispute under clause 17 (Dispute resolution), Kookaburra Veterinary Employment may suspend services pending investigation. The Advertiser remains liable for legitimate charges and any reasonable costs incurred by Kookaburra Veterinary Employment in responding to chargebacks where permitted by law and card scheme rules.
  8. Refunds and Remedies
    1. Except as required by law, Subscription Fees are non-refundable, including where the Advertiser receives no enquiries or hires no candidate.
    2. Kookaburra Veterinary Employment is not required to provide a refund if you change your mind about the services you asked for. But you can choose to cancel your subscription, and receive a refund for unconsumed services, if the service has a major problem. This is when the service:
      • has a problem that would have stopped someone from purchasing the service if they had known about it
      • is substantially unfit for its common purpose, and can't be easily fixed within a reasonable time
      • does not meet the specific purpose you asked for and cannot be easily rectified within a reasonable time
      • creates an unsafe situation.

      If you choose to continue with the contract, you can ask us to compensate you for any difference in the value of the services we provided and what you paid.
      If the problem is not major, we will fix it within a reasonable time. If the problem cannot be fixed, we view it as a major problem. Please keep proof of your agreement—e.g. your invoice or quote.
  9. Term, renewal and cancellation
    1. Term
      A Subscription commences on the date Kookaburra Veterinary Employment confirms activation (including by publishing an Advertisement or otherwise enabling Subscription features) and according to the type of Subscription, as notified at the time of purchase, either continues until cancelled in accordance with this clause 9, or expires.
    2. Renewal
      Subscriptions continue until expiry, or until cancellation (according to the type of subscription), and the Subscription Fee will be charged to the Advertiser at the commencement of the next billing cycle in accordance with these Terms.
    3. Cancellation by Advertiser
      1. The Advertiser may cancel by providing notice via email to jobs@kookaburravets.com at least 1 business day before the next billing date.
      2. Cancellation stops future renewals. Unless required by law, cancellation does not entitle the Advertiser to a refund for the current billing period. If the Advertiser cancels within the first 24 hours of activation of an Advertisement a cancellation fee will apply as notified at the time of purchase or renewal.
    4. Cancellation or suspension by Kookaburra Veterinary Employment
      Kookaburra Veterinary Employment may suspend or terminate a Subscription immediately by notice where it reasonably believes the Advertiser:
      1. has breached these Terms;
      2. has posted unlawful or prohibited Content;
      3. poses a security, fraud, or chargeback risk; or
      4. has failed to pay amounts due. To the maximum extent permitted by law, no refund is payable for termination for breach
  10. Intellectual property
    1. The Platform and all underlying technology, software, design, branding and content created by Kookaburra Veterinary Employment are owned by (or licensed to) Kookaburra Veterinary Employment and protected by intellectual property laws.
    2. Users are granted a limited, non-exclusive, non-transferable licence to access and use the Platform for its intended purpose during the term of use.
    3. By posting Content, a User grants Kookaburra Veterinary Employment a non-exclusive, worldwide, royalty-free licence to host, reproduce, display, communicate and distribute that Content for the purpose of operating, marketing and improving the Platform (including displaying Advertisements on the Platform and in marketing materials), subject to the Privacy Policy regarding personal information.
    4. Users warrant they have all necessary rights and consents to post Content and to grant the licence in clause 10.iii.
  11. Third-party services and links
    1. The Platform may contain links to third-party websites or services, or integrate third-party tools (including payment processors and analytics).
    2. Kookaburra Veterinary Employment is not responsible for third-party services and does not endorse them. Use of third-party services may be subject to third-party terms.
  12. Disclaimer regarding candidates, advertisers and outcomes
    1. To the maximum extent permitted by law, Kookaburra Veterinary Employment gives no warranty that:
      1. any Candidate will apply for or be suitable for any role;
      2. any Advertiser is suitable, solvent, safe, or compliant;
      3. communications between Users will be secure or free from interception; or
      4. the Platform will be uninterrupted, timely, secure, or error-free.
    2. Users are responsible for conducting their own checks, interviews, credential verifications, right-to-work checks, reference checks, and due diligence.
  13. Australian Consumer Law
    1. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) or any other non-excludable statutory right.
    2. To the extent permitted by law, where services are supplied to a User who is not a "consumer" for the purposes of the Australian Consumer Law, Kookaburra Veterinary Employment excludes all conditions and warranties not expressly set out in these Terms.
  14. Limitation of liability
    1. To the maximum extent permitted by law, Kookaburra Veterinary Employment is not liable for any loss arising from or in connection with:
      1. any employment, engagement, contracting or other relationship between an Advertiser and a Candidate;
      2. any act or omission of any User;
      3. the accuracy, legality or suitability of any Advertisement or Candidate information;
      4. lost profits, lost revenue, loss of business opportunity, loss of goodwill, or indirect or consequential loss; or
      5. service interruptions, delays, security incidents or data loss (except to the extent caused by Kookaburra Veterinary Employment's failure to take reasonable care where required by law).
    2. Where liability cannot be excluded, and to the extent permitted by law, Kookaburra Veterinary Employment's liability is limited (at Kookaburra Veterinary Employment's option) to:
      1. supplying the services again; or
      2. paying the cost of having the services supplied again.
  15. Indemnity
    1. The Advertiser indemnifies Kookaburra Veterinary Employment and its officers, employees and contractors against any claims, losses, liabilities, costs and expenses (including reasonable legal costs) arising out of or in connection with:
      1. the Advertiser's Advertisements or other Content;
      2. any alleged unlawful discrimination, misleading advertising, or breach of law arising from an Advertisement or hiring process;
      3. any dispute between the Advertiser and any Candidate; and
      4. the Advertiser's breach of these Terms, except to the extent caused by Kookaburra Veterinary Employment's negligence or breach of these Terms.
  16. Confidentiality
    1. Each party must keep confidential any non-public information obtained in connection with the Platform, except where disclosure is required by law or is necessary to provide the services (including to service providers).
  17. Dispute resolution
    1. If a dispute arises, a party must first notify the other party in writing, outlining the dispute and the outcome sought.
    2. The parties must use good faith efforts to resolve the dispute within 14 days of notice.
    3. If the dispute is not resolved, either party may pursue its rights through the courts of New South Wales.
  18. Notices
    1. Notices may be given by email to:
      1. Kookaburra Veterinary Employment: jobs@kookaburravets.com (or such other email as notified); and
      2. Advertiser: the email address associated with the account or otherwise provided.
    2. A notice sent by email is taken to be received when the sender's email system records that the email has been sent, unless the sender receives an error notification.
  19. Variation
    1. Kookaburra Veterinary Employment may amend these Terms by publishing updated Terms on the Platform and/or by notifying Advertisers by email.
    2. Unless a shorter period is required by law, changes take effect 28 days after notice for existing Subscriptions (and immediately for new Subscriptions). Continued use after the effective date constitutes acceptance.
  20. General
    1. Assignment: Kookaburra Veterinary Employment may assign or novate its rights and obligations under these Terms (including as part of a business restructure or sale). Users may not assign without consent (not to be unreasonably withheld).
    2. Severability: If any provision is unenforceable, it is severed to the extent necessary and the remainder continues in force.
    3. Governing law and jurisdiction: These Terms are governed by the laws of New South Wales. The parties submit to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia sitting in New South Wales.

Payment Card Security and PCI DSS Compliance

Kookaburra Veterinary Employment complies with PCI DSS Version 4.0 requirements to protect cardholder data from unauthorized access and breaches. Our PCI DSS and CyberSecurity Policy outlines how we securely store, process and transmit card payment data, and all transactions are processed using a secure PCI compliant encryption.

Please note, if you are using a card displaying two networks (i.e. Visa and eftpos OR Mastercard and eftpos) we may process your payment through either of these networks. Please talk to your Card Issuer if you have any concerns.