Trading Terms and Conditions

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Parties

CareerOne Pty Ltd ABN 140 090 615 722 of 418a Elizabeth St, Surry Hills NSW 2010 (‘CareerOne’ or ‘we’, ‘us’ or ‘our’ as the context permits); and the client (Client or ‘You’).

Background

Every advertiser and advertising agency (Client) who lodges an advertisement for publication on the CareerOne Site or who engages CareerOne to provide recruitment services on Client’s behalf agrees or who otherwise utilises any of CareerOne’s products or services agrees to be bound by the following terms and conditions.

Agreement with CareerOne

  1. Depending on the type of Service you use, then the Service Terms apply to your use of the relevant Service.
  2. The agreement between Client and CareerOne consists of the Booking Form, these terms and conditions, the Service Terms, CareerOne’s Privacy Policy and the Site Terms (the Agreement).
  3. By signing the Booking Form and/or otherwise instructing CareerOne to provide the Services, then you are taken to have accepted these terms and conditions, as updated from time to time, and agree to be bound by them.
  4. CareerOne may revise these terms and conditions at any time by posting an updated version to this page.

Services

  1. Subject to your ongoing compliance with this Agreement, CareerOne will provide the Services to you. Details of the Services are set out in these terms and conditions, the Service Terms and the Booking Form.

Client Account

  1. Client must have an account in order to use certain Services (such as posting Job Advertisements) (Client Account).
  2. Client will have access to the Client Account unless CareerOne suspends or terminates Client’s access in accordance with this Agreement.
  3. Subject to Client complying with the terms of this Agreement, CareerOne grants Client a limited, non-exclusive, non-assignable, non-transferable licence to access and use the Client Account for the sole purpose of:
    • 8.1. posting Advertisements;
    • 8.2. searching for and accessing candidate profiles and CV databases;
    • 8.3. posting Content on the Client Profile Page; and
    • 8.4. utilising any other services specified in the Booking Form or authorised by CareerOne.
  4. Client is responsible for maintaining the confidentiality of the Client Account and all associated login details and passwords. Client must keep its login and password details confidential and must not share access to the Client Account with any other person unless expressly authorised in writing by CareerOne.  Client is responsible for all uses of the Client Account, whether or not authorized by you. Client must immediately notify CareerOne of any unauthorized use of the Client Account.

Fees, Credit and GST

  1. The fees for the Services are set out in the Booking Form or if not set out in the Booking Form will be based on CareerOne’s applicable rates for the Client as determined by CareerOne from time to time. 
  2. You must pay for Services regardless of whether you utilise or fully utilise those Services.
  3. Client must pay the fees to CareerOne as follows:
    • 12.1. if Client does not have a credit account with CareerOne, then by the due date for payment; or
    • 12.2. if Client has a credit account with CareerOne, then in accordance with the terms of such credit.
  4. If Client elects to pay the fees:
    • 13.1. via automatic direct debit, then: 
      1. Client authorises CareerOne to direct debit the fees from its provided credit or debit account including any outstanding amounts owed by Client to CareerOne;
      2. the fees will be deduced from Client’s nominated account in accordance with the dates and/or billing cycle specified in the Booking Form;
      3. CareerOne will use its best endeavours to make the direct debit on the due date, but does not accept any liability if the direct debit is not made on that date;
    • 13.2. via another payment method, then:
      1. CareerOne will issue Client with an invoice for the relevant fees; and
      2. unless otherwise agreed with CareerOne, Client must pay CareerOne’s invoice within 7 days of the invoice date.
  5. It is Client’s responsibility to provide valid payment details and ensure those payment details are kept up-to-date.
  6. Contract Clients may apply for credit terms with CareerOne by completing a “commercial credit application form”.  You authorise CareerOne to obtain a credit report about you from a credit reporting agency and/or other credit providers.  CareerOne will not provide any Services until your credit application has been approved. 
  7. If required by CareerOne, Client must pre-pay for the Services.  CareerOne will not provide any Services until payment has been received. 
  8. Should any payment become more than 14 days’ overdue, then without limiting its rights under clause 51, CareerOne may, upon prior notice to you do any of the following:
    • 17.1. cancel the Services (including cancel any booked advertising);
    • 17.2. suspend the Services until full payment is received; or
    • 17.3. charge interest on late payments at CareerOne’s applicable bank interest rate       plus any costs CareerOne incurs as a result of collecting your payment.
  9. All fees and payments specified in the Booking Form are, unless otherwise stated, exclusive of all taxes.
  10. CareerOne reserves the right to vary the fees from time to time without notice.
  11. Client must pay tax levied under a New Tax System (Goods and Services Tax) Act 1999 (Cth) (GST) on a taxable supply made to Client under this Agreement, in addition to any consideration (excluding GST) that is payable for that taxable supply.  Client must do so at the same time and in the same way that Client is required to pay the consideration for the taxable supply.

Intellectual Property

  1. Client grants to CareerOne an irrevocable, non-exclusive, world wide and royalty-free licence to publish (and to sublicense the publication of) the Advertisement and the Client Trade Marks in any form and in any medium including on the CareerOne Site, third party sites and in emails.
  2. Client acknowledges and agrees that as between CareerOne and Client, CareerOne retains all right, title and interest (including any Intellectual Property Rights) to any CareerOne Content.
  3. CareerOne grants Client a revocable, limited, personal licence to use and access the CareerOne Site and the CareerOne Content for the sole purpose of using the Services. 
  4. Unless you tell us not to, we will use your brand name or logo for the purposes of marketing our services.
  5. By granting your consent, you consent to our use, and that of our related entities, of your brand name and/or logo on the CareerOne Site and any of our other marketing materials solely to allow us to market our services. Any consent you grant to us is granted on a royalty-free basis. After giving consent, you may withdraw your consent at any time by notice to us. 

Client Obligations

  1. Client must not use the CareerOne Site to:
    • 26.1. post an Advertisement in a manner that does not comply with applicable laws including but not limited to laws relating to employment, discrimination and equal opportunity, privacy and advertising and marketing laws;
    • 26.2. insert links to an external website or an externally hosted application form within the details of a Job Advertisement or Client Profile Page without CareerOne’s prior written consent;
    • 26.3. promote any opportunity that is not a genuine employment or recruitment opportunity;
    • 26.4. post pyramid schemes;
    • 26.5. copy any job description or any other content of other Clients;
    • 26.6. require any candidate to pay a fee to apply for any job advertised on the CareerOne Site without CareerOne’s prior written consent;
    • 26.7. promote services or products (including education or training courses) to candidates whose personal information has been obtained via the CareerOne Site without prior written consent from CareerOne;
    • 26.8. on-sell or otherwise disclose candidate data that has been obtained from the CareerOne Site to third parties;
    • 26.9. send unsolicited mail or email, and make unsolicited phone calls promoting and/or advertising products or services to any person; or
    • 26.10. engage in any conduct or practice that CareerOne considers (in its sole discretion) is detrimental to the good name, reputation or interests of
      CareerOne.
  2. CareerOne may remove any Advertisement from the CareerOne Site that CareerOne considers in its sole discretion (acting reasonably) constitutes a breach of this Agreement.
  3. Client must promptly check proofs of any Advertisement (if provided to Client by CareerOne) and notify CareerOne of any errors in the proofs or in a published Advertisement.
  4. Right to Refuse or Modify an Advertisement

     

    1. CareerOne may in its absolute discretion refuse to publish any Advertisement without giving any reason.  Where CareerOne refuses to publish an Advertisement, CareerOne will not invoice Client any fees for that Advertisement. 
    2. The positioning or placement of an Advertisement is at the discretion of CareerOne except where expressly agreed in writing by CareerOne.
    3. Subject to Client complying with this Agreement, CareerOne will use reasonable endeavours to publish the Advertisement in accordance with the format and position specified in the Booking Form or otherwise agreed with Client in writing. 
    4. Client acknowledges and agrees that it will not always be possible or practicable to publish an Advertisement in accordance with Client’s requirements.  CareerOne reserves the right to vary the format, size or position of an Advertisement.
    5. CareerOne may, under pressure of deadline and without prior consultation or notice to Client, amend any Advertisement in any terms whatsoever, where CareerOne considers that the publication of the Advertisement would:
      • 33.1. breach any relevant law;
      • 33.2. breach any agreement between Client and CareerOne;
      • 33.3. cause CareerOne to be in breach of an agreement with another person;
      • 33.4. infringe any person's rights (including Intellectual Property Rights); or
      • 33.5. be offensive. 
    6. Where CareerOne has so amended an Advertisement, the fees payable by Client in respect of the Advertisement remain payable and will not be reduced.
    7. CareerOne may label Client content an “advertisement” whenever required by law or whenever it considers it appropriate, for any reason, to distinguish it from other types of content.
    8. Unless you tell us otherwise, CareerOne may provide an Advertisement to third parties for publication on third party websites (as determined by CareerOne from time to time in its sole discretion). 
    9. CareerOne is not liable to Client for any loss of any nature incurred by Client as a result of CareerOne’s failure:
      1. to publish an Advertisement;
      2. to publish an Advertisement in the form provided by Client.
    Privacy and Use of Data
    1. Client acknowledges that the relevant candidate owns copyright in any applicable resumes provided to Client under this Agreement. Client must keep resumes confidential and only disclose resumes to persons within your business who have a need to know the personal details disclosed within the relevant resume.
    2. Client acknowledges that all information provided in respect of a candidate is Personal Information (as defined in the Privacy Act 1988 (Cth)) and is confidentially provided to Client for the sole purpose of enabling Client to determine the suitability of a candidate for employment or engagement.
    3. Client must comply with the Privacy Act 1988 (Cth) with respect to the collection, use, disclosure, accuracy, security and openness of all Personal Information collected by Client in connection with this Agreement. 

    Marketing

    1. You consent to CareerOne and any of its related entities contacting you (including via email and telephone) to conduct surveys and market research and provide you with information about recruitment, career and education related opportunities.
    2. You have the right to opt-out from being contacted by us as described above by contacting us directly or by following the directions in our Privacy Policy.

    Client Warranties

    1. Client represents and warrants to CareerOne on a continuing basis that:
      1. Client has obtained all necessary approvals, consents and permissions to grant the licenses to the Advertisement and the Client Trade Marks to CareerOne;
      2. each Advertisement relates to a genuine employment opportunity and is current at the time of publication;
      3. Client’s officers, employees, contractors and agents will at all times comply with the terms and conditions in this Agreement;
      4. CareerOne’s publication or reproduction of the Advertisement or Client Trade Marks will not infringe:
        1. the rights of any person, including the Intellectual Property Rights of any person;
        2. the Australian Consumer Law;
        3. the Privacy Act 1988 (Cth) including the Australian Privacy Principles;
        4. any applicable anti-discrimination, equal opportunity or fair trading legislation;
        5. any defamation laws; or
        6. any other applicable legislation, regulations, standards and codes of conduct.
      5. Where the Advertisement contains the name or photographic or pictorial representation of any living person, or by which any living person can be identified, Client represents and warrants to CareerOne that Client has obtained the authority of that person to make use of his/her name or presentation in the Advertisement.
      6. Where an Advertisement promotes a competition or trade promotion, Client warrants that it has obtained all relevant permits to conduct that competition or trade promotion.

    Limitation on CareerOne’s Warranties and Liability

    1. CareerOne will perform the Services in good faith, with due care and skill.  To the extent permitted by law, we otherwise disclaim all other warranties, either express or implied, including without limitation warranties of merchantability and fitness for a particular purpose. Where any legislation such as the Australian Consumer Law (Cth) implies into this Agreement any condition or warranty and that legislation voids or prohibits conditions in a contract excluding the application of the conditional warranty, our liability for any breach of the condition or warranty is limited to, at our option either:
      1. the resupply of the Services; or
      2. the reasonable cost of having the Services resupplied. 
    2. Without limiting clause 44, CareerOne provides no representations or warranties:
      1. in relation to the number of visitors to the CareerOne Site, the number of impressions on the CareerOne Site or the number of job applications a Client will receive via the CareerOne Site;
      2. in relation to the accuracy of the content on the CareerOne Site.  The content is provided to you “as is” and on the condition that you take all responsibility for assessing the accuracy of the content and rely on it at your own risk.  CareerOne may change the content on the CareerOne Site at any time and without notice to you; or
      3. that the services available through the CareerOne Site, or that of any CareerOne website or third party website will be available, uninterrupted or error free.
    3. CareerOne, its related entities, agents and subcontractors, and each of their officers, or employees will not be liable to Client, its agents and subcontractors and each of their officers or employees for any actions, claims, damages, liabilities, costs, expenses, or losses in any way arising (including a breach of this agreement or any negligent act or omission) out of or relating to the Services provided under this Agreement.
    4. Without limiting clause 46, CareerOne will not be liable for any delay or failure to publish an Advertisement caused by a factor outside of CareerOne’s reasonable control (including but not limited to any act of God, war, industrial dispute, electricity or telecommunications failure or governmental or legal restraint).

    Indemnity

    1. Client continuously indemnifies CareerOne and CareerOne’s officers, employees, representatives and agents (those indemnified) from all liability for any claims, losses, damages or expenses suffered or incurred by those indemnified arising from or in connection with:
      1. a breach of this Agreement by Client (or any of your officers, employees, contractors or agents);
      2. a claim by or on behalf of any person in respect of any Advertisement;
      3. a breach of the Privacy Act 1988 (Cth) by Client;
      4. any act or omission of a candidate under your direction, supervision or control;
      5. any directive or requirement given by Client to CareerOne relating to:
        1. the content of an Advertisement or a recruitment campaign;
        2. the suitability or unsuitability of a candidate subsequently be found to be unlawful (eg. discriminatory). 
    2. Where this clause refers to a person who is not a party to this Agreement CareerOne hold the benefit of this clause on trust for that person.

    Confidentiality

    1. Each party will keep confidential the terms of this Agreement (including pricing), information generated for and during the performance of this Agreement and any other information that should be treated as confidential given the nature of the information or the circumstances of disclosure (Confidential Information). The Confidential Information must not be disclosed to any third party (other than to a party’s professional advisers) without the other party's prior written consent, except as required by law.

    Suspension and Termination

    1. If Client (or its officers, employees, agents or contractors) breaches a term of this Agreement, CareerOne may suspend the Services (including but not limited to suspending access to the Client Account or removing Advertisements) until such breach is remedied.  If the breach:
      1. is capable of being remedied, Client will have 10 days to remedy the breach to CareerOne’s reasonable satisfaction;
      2. is not capable of being remedied or if Client fails to remedy the breach, then CareerOne may terminate this Agreement with immediate effect by notice to Client.

    General

    1. Entire agreement. This Agreement constitutes the entire agreement between CareerOne and Client with respect to its subject matter and supersedes all other oral or written representations, understandings or agreements relating to the subject matter.
    2. Variations. CareerOne may vary these terms and conditions with or without notice to Client and without any explanation.  Any variations will become effective upon publication of the updated terms and conditions on the CareerOne Site.
    3. No waiver. The fact that CareerOne fails to do, or delays doing, something it is entitled to do under this Agreement, does not amount to a waiver of any obligation of, or breach of obligation by, Client.  A waiver by CareerOne is only effective if it is in writing. 
    4. Governing law. This Agreement takes effect, is governed by and will be construed in accordance with the laws of the State of Victoria, Australia. The parties submit to the exclusive jurisdiction of the Courts of Victoria and Courts authorised to hear appeals from them.
    5. Severability. If a Court decides that any section of this Agreement is invalid or unenforceable then that section will be deleted from this Agreement. The other sections will remain valid and enforceable
    6. Survival. All clauses in this Agreement relating to Fees, Intellectual Property, Confidentiality, Privacy, Warranties, Indemnities, Limitation on Warranties and Indemnities, Governing Law and Waiver will survive the termination or expiry of this Agreement, to the extent allowed at law.

    Definitions

    1. In this Agreement, the following definitions apply:
      1. Advertisement means any advertisement (of any kind and in any format) published on the CareerOne Site and includes a Job Advertisement and a Display Advertisement.
      2. Booking Form means an order to purchase Services issued by Client and accepted by CareerOne.
      3. CareerOne Content means any Content provided to Client by or on behalf of CareerOne in the course of providing the Services including Content provided to Client via the CareerOne Site.
      4. CareerOne Site means the website www.careerone.com.au and any other website owned or licensed by CareerOne.
      5. Client Trade Marks means Client’s brand name, logo, business name and/or other corporate identifiers. 
      6. Client Profile Page means Client’s branded company page that may include (among other things) information about Client and its business, employment opportunities and other marketing information.
      7. Content includes documents, reports, data, information, web content, graphics, images, audio, logos, software, computer files or other material of any type and in any form.
      8. Display Advertisement means the advertising formats known as display advertisements including (without limitation) banner advertisements, advertising tiles and text billboards.
      9. Intellectual Property Rights means any and all current and future intellectual property rights of any kind (whether registered or unregistered) including without limitation any trade mark, copyright, moral right, design right, circuit layout, trade secret, know-how, confidential information, invention, discovery or patent.
      10. Job Advertisement means any advertisement (of any kind and in any format) for a job vacancy posted on the CareerOne Site.
      11. Services means the services provided by CareerOne as set out in the Booking Form and if applicable, the Service Terms.
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