‘ABN’ means Australian Business Number as defined in A New Tax System (Australian Business Number) Act 1999 (Cth).
‘Adjustment Note’ means a document in a form that is valid under any applicable law of the jurisdiction in which a liability to pay Indirect Transaction Taxes is imposed, claimed, levied or assessed, which must be held by a Person where there has been a change to the Indirect Transactions Taxes on a supply from the original Tax Invoice.
‘Affiliate’ means: (a) a related body corporate as defined in s 50 of the Corporations Act 2001 (Cth); and (b) any joint venture or other business entity or arrangement that directly or indirectly Controls, is Controlled by, or is under common Control with, that person.
‘Control’ means, either: (a) the legal, financial, and equitable ownership, directly or indirectly (including through any holding company), of 50% or more of the share capital (or other ownership interest, if not corporation) of such person ordinarily having voting rights; or (b) effective control of such person, and Controlled has the corresponding meaning.
‘Date’ means the date (and time, if applicable) specified in the Purchase Order by which the Goods are to be supplied and/or the Services are to be performed by the Supplier. If no date is specified in the Purchase Order, then the Date will refer to a reasonable time having regard to industry standards.
‘Defects’ means any error, omission, deficiency, non-conformity, fault, failure, malfunction or discrepancy in the Goods and/or Services of any type and howsoever arising, and Defective has the corresponding meaning.
‘Deliverables’ means all work product developed by Supplier specifically for SEEK as part of the delivery of Goods or Services, including intellectual property in connection with these PO Terms.
‘Fees’ means the fees for conforming Goods and/or Services as specified in the relevant Purchase Order.
‘Goods’ means the goods (if any) specified in the relevant Purchase Order.
‘Government Agency’ means any governmental, semi-governmental, administrative, fiscal, judicial or quasi- judicial body, department, commission, authority, tribunal, agency or entity.
‘Indirect Transaction Taxes’ means any value added tax, goods and services tax or similar tax including, without limit, sales, use or consumption taxes, imposed, claimed, levied or assessed by, or payable to, any government agency, but does not include any related penalty, fine or interest thereon.
‘Input Tax credit’ means any entitles to a credit for, or offset against, reduction in or refund of, Indirect Transaction Taxes, in relation to any acquisition or the receipt of any supply.
‘Labour Hire Law’ means any Law which regulates the licensing scheme for providers of labour hire including, without limitation: the Labour Hire Licensing Act 2018 (Vic); the Labour Hire Licensing Act 2017 (Qld); the Labour Hire Licensing Act 2017 (SA); the Labour Hire Licensing Act 2020 (ACT); and any codes of practice, regulations, guidelines, directives, principles, policies or orders made under such Laws.
‘Law’ means any statute, regulation, by-law, ordinance or subordinate legislation in force from time to time in any relevant jurisdiction, and includes any applicable common law and equity and industry codes of conduct.
‘Modern Slavery’ means the exploitation of a worker, human trafficking, slavery, servitude, forced labour, debt bondage or deceptive recruiting for labour or services, or similar types of conduct.
‘Modern Slavery Laws’ means any law which prohibits Modern Slavery and which is applicable or otherwise in force in the jurisdiction in which SEEK or the Supplier is registered or conducts business or in which activities relevant to the PO Terms are to be performed, or which imposes Modern Slavery reporting obligations on one or both of the parties to these PO Terms.
‘Personnel’ means any employees, directors, officers, partners, agents, contractors, subcontractors, or representatives; and any person engaged directly or indirectly through another entity by the Personnel described above. However, in the case of the Supplier, Personnel excludes SEEK's and any of its Personnel and in the case of SEEK, excludes the Supplier and any of its Personnel.
‘PO Terms’ means these purchase order terms and conditions between SEEK and the Supplier.
‘Purchase Order’ means the purchase order to which these PO Terms apply.
‘SEEK’ means the relevant SEEK entity, being SEEK Ltd or one if its Affiliates, as listed in the Purchase Order issued to the Supplier.
‘Services’ means the services (if any) specified in the relevant Purchase Order.
‘Site’ means the location nominated by SEEK as the shipping address for the Goods and/or the location for supply of the Services as specified in the Purchase Order.
‘Supplier’ means the supplier specified in the Purchase Order.
‘Taxes’ means any and all taxes, fees, withholdings, imposts, levies, duties or other charges of any nature (other than taxes on SEEKs net income) including, without limitation, Indirect Transaction Taxes, excise, stamp, documentary, customs, import/export, payroll, personal, property, real property, interest equalisation, business, occupation, turnover, income, corporation, capital, profits, gains, gross receipts, together with any penalties, fines or interest thereon or similar additions thereto, imposed, claimed, levied or assessed by any applicable body or otherwise payable, on or in respect of the supply.
‘Tax Identifier’ means the unique identifying number for Indirect Transaction Taxes issued by the relevant Government Agency under any applicable law of the jurisdiction in which there is a liability to pay Indirect Transaction Taxes.
‘Tax Invoice’ means an invoice in a form that is valid under any applicable law of the jurisdiction in which a liability to pay Indirect Transaction Taxes is imposed, claimed, levied or assessed, which must be held by a Person for that Person to be able to claim Input Tax Credits.