1.1. These Terms and Conditions govern your use of and access to the Platform and apply to the supply of all Services by us to you.
1.2. By using the Platform, you agree to the Terms and Conditions.
1.3. If you do not agree to the Terms and Conditions, you may not use the Platform.
1.4. We may change, vary or modify all or part of these Terms and Conditions at anytime at our sole discretion.
1.5. If we adopt new Terms and Conditions:
1.5.1. we will post the new Terms and Conditions on the Platform; and
1.5.2. they will thereupon apply to your use of and access to the Platform through your acceptance of them by subsequent or continued use of the Platform.
1.6. It is your responsibility to check these Terms and Conditions periodically for changes.
1.7. If you object to any variation to these Terms and Conditions, your only remedy is to immediately discontinue your use of the Platform.
1.8. By using the Platform, you affirm that you are 18 years or over.
1.9. As long as you comply with these Terms and Conditions, we grant you a personal, non-exclusive, non-transferable, limited right to enter and use the Platform.
1.10. These Terms and Conditions were last updated on 2 February 2015
2.4. You acknowledge and agree that transmissions on the internet are never completely private or secure and you understand that any message or information you send to or download from the Platform (where permitted) may be read or intercepted by others.
2.5. As part of registering with us, we collect personal information about you in order for you to take full advantage of our Services. To do this it will be necessary for you to provide certain personal information to us.
2.6. You may store documents as part of your profile, by deleting documents or information it will mean that it is no longer accessible to you. Deleted records may still be stored by us in testing or backup systems for a certain period of time.
2.7. This information may also be disclosed to our service providers and contractors from time to time who assist us to deliver our products and services.
2.8. We will also retain this information in order to customise the service we provide to you. We do however reserve the right to disable or delete a document or information at our discretion.
2.9. We do disclose and/or make available online applications to third parties and/or their nominees. The use of your information (personal or otherwise) by these third parties is not within our control and we cannot accept responsibility for the conduct of these businesses or companies.
2.10. We ask that you comply with all relevant obligations relating to the use and disclosure of personal information that are outlined in the Privacy Act.
2.11. Applicants have the right to request their personal information directly from you.
2.12. We take our obligations under the Privacy Act very seriously. If we believe that you may have misused candidate or applicant personal information or data for any reason, we may:
2.12.1. immediately suspend or terminate your account, and/or suspend or terminate the account of any party that has received candidate or applicant personal information from you in breach of these Terms and Conditions;
2.12.2. report any potential contraventions of the Privacy Act by you to the relevant authorities; and or
2.12.3. take legal action against you.
3. COST OF SERVICES
3.1. This Service is free and there are no charges attached to using the Platform.
4.1. You must ensure that all advertisements submitted to us will comply with all legislation, regulations, by-laws, ordinances and codes of conduct.
4.2. You must be honest and truthful in the advertisements.
4.3. You must not insert links to external websites or application forms in your advertisement.
4.4. You must not refer to brands other than those linked to your business.
4.5. You may only submit advertisements that are for a genuine employment opportunity that is current as at the time of submitting the advertisement and for which you are currently recruiting. We reserve the right to request any information from you that we deem necessary to verify that a genuine employment opportunity exists.
4.6. Advertisements must be for employment opportunities in Australia only.
4.7. You must ensure that all information entered into any data entry field, as part of the advertisement process, relates directly to the relevant data field category. We reserve the right to amend, alter or remove any information provided by you. We reserve the right re-classify advertisements or change the category of the advertisement.
4.8. Job advertisements are valid for 30 days.
4.9. If job vacancies are not filled at the end of the 30 days you expressly consent to us providing your personal information to our Affiliated Entities or any unrelated third parties that we are associated with to contact you to assist you to fill those job vacancies.
4.10. Unless you direct us to the contrary, you expressly consent to job advertisements being posted on other platforms owned or operated by us or our Affiliated Entities. If job advertisements are posted on other platforms, they will be governed by the terms and conditions governing those platforms.
5. ACCESS TO PLATFORM
5.1. While we use reasonable endeavours to ensure that the Platform is available continuously, we do not make any representations or warranties that your access will be uninterrupted, timely, secure, error free, or that any defects will be corrected, or that your use of the Platform will provide specific results or benefits.
5.2. The Platform and its Content is delivered on an as-is and as-available basis.
5.3. Your access to the Platform may be suspended without notice in the case of system failure, maintenance or repair, or any reason beyond our control.
5.4. Except as expressly provided otherwise in the Terms and Conditions, we reserve the right to change or discontinue any website, page, functionality, feature or service (or part thereof) on the Platform at any time.
5.5. We cannot ensure that any files or other data you download from the Platform (if you are permitted to do so) will be free of viruses or contamination or destructive features.
6. PLATFORM CONTENT
6.1. The Platform contains Content that is protected by our Intellectual Property Rights.
6.2. Except as expressly provided otherwise in the Terms and Conditions, you do not have any right, title or interest in or right of use of any Content on the Platform.
6.3. Except as expressly provided in these Terms and Conditions, no part of the Platform or Content (other than a temporary copy held in your computer's cache) may be copied, stored, altered, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including mirroring) to any other computer, server, website or other medium for publication or for any commercial enterprise or use, without our express prior written consent.
6.4. You may use information on our Services purposely made available by us for downloading from the Platform, provided that you:
6.4.1. do not remove any proprietary notice language in copies of such documents;
6.4.2. (except where expressly permitted) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer of broadcast it in any media; and
6.4.3. make no modifications to any such information.
7. REGISTRATION OF USERS
7.1. To access or use certain parts of the Platform, you may be required to register as a user and open an account (including setting up an identification name (ID) and password) and agree to certain conditions.
7.2. When registering as a user of the Platform, you must:
7.2.1. provide us with accurate, complete and up-to-date registration information, as requested;
7.2.2. provide us with a form of identification to verify your identity, as requested; and
7.2.3. inform us of any changes to your registration information.
7.3. When registering as a user of the Platform, you must not:
7.3.1. register as a user multiple times; or
7.3.2. impersonate or create a user registration for any person other than yourself.
7.4. As a registered user of the Platform, you must:
7.4.1. ensure the security and confidentiality of your user registration details, including any username and/or password assigned to you;
7.4.2. notify us immediately if you become aware of any unauthorised use of your user details; and
7.4.3. not permit your user details to be used by or transferred to any other person unless they are authorised on your behalf.
7.5. You are entirely responsible for all and any activities which occur under your user details as a result of your failing to keep your information secure and confidential whether authorised or unauthorised.
7.6. We reserve the right to, in our sole discretion, suspend or terminate your use or access to all or any part of the Platform, including if you have breached the Terms and Conditions or are no longer an active user of the Platform.
8. YOUR OBLIGATIONS + USE OF THE PLATFORM
8.1. You warrant and agree that:
8.1.1. you are not a professional recruitment business;
8.1.2. you have the legal capacity and power to agree to be bound by these Terms and Conditions and perform the obligations under them;
8.1.3. advertisements and other works posted on the Platform do not breach the intellectual property rights of any third party;
8.1.4. all files delivered to us will be free of infection or viruses;
8.1.5. any ‘personal information’ (within the meaning of the Privacy Act) of any candidate or applicant that you obtain through your use of the Platform or from us (including job applications received from candidates) will only be used by you in relation to your genuine employment activities;
8.1.6. you will not misuse, sell or offer any services or products to candidates or applicants whose personal information you have obtained through your use of the Platform or from us through job applications.
8.1.7. you will not provide any candidate or applicant’s personal information you have obtained through your use of the Platform to any other party, including to any affiliate or related party of yours;
8.1.8. we may store and retain all advertisements and applications submitted in response to the relevant advertisement; and
8.1.9. you indemnify and will keep us and our agents indemnified against all loss, claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by us in connection with:
a) your use of the Service
b) any breach of these Terms and Conditions;
c) any negligent act or omission by you;
d) the listing or proposed listing of any advertisement by you on the Platform or any related site; or
e) an actual or alleged breach by you of any law, legislation, regulations, by-laws, ordinances or codes of conduct which occurs a consequence of your advertisement (including any amendments) appearing on the Platform.
8.2. You must not:
8.2.1. use the Platform to post any pyramid scheme;
8.2.2. ask or require any candidate to pay a fee, charge, cost or any money whatsoever to apply for any job advertised on the Platform whether such fee, charge, 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 Platform;
8.2.3. send any unsolicited commercial electronic messages to candidates or applicants;
8.2.4. release to the public any news release, advertising material, promotional material or any other form of publicity relating to us without our prior written approval;
8.2.5. use the Platform in breach of any applicable laws or regulations;
8.2.6. use the Platform (or Content obtained from the Platform):
a) to transmit (or authorise the transmission of) "junk mail," "chain letters," unsolicited emails, instant messaging, "spimming," or "spamming";
b) to impersonate any person or entity;
c) to solicit money, passwords or personal information from any person;
d) to harm, abuse, harass, stalk, threaten or otherwise offend others; or
e) for any unlawful purpose;
8.2.7. use the Platform to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any Material that:
a) is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person;
b) contains, promotes, or provides information about unlawful activities or conduct;
c) is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including Material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
d) exploits another person in any manner;
e) contains nudity, excessive violence, or sexual acts or references;
f) includes an image or personal information of another person or persons unless you have their consent;
g) poses or creates a privacy or security risk to any person;
h) you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
i) contains large amounts of untargeted, unwanted or repetitive content;
j) contains restricted or password only access pages, or hidden content;
k) contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
l) advertises, promotes or solicits any goods or services or commercial activities (except where expressly permitted or authorised by us); or
m) contains financial, legal, medical or other professional advice;
8.2.8. interferes with, disrupt, or creates an undue burden on the Platform or any systems, or networks connected to the Platform;
8.2.9. use any deep-link, page-scrape, robot, spider, or other automatic device, program, algorithm, or methodology or any similar process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of the Platform;
8.2.10. use the Platform with the assistance of any automated scripting tool or software;
8.2.11. frame or mirror any part of the Platform without our prior written authorisation;
8.2.12. use code or other devices containing any reference to the Platform to direct other persons to any other web page;
8.2.13. attempt to gain unauthorised access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any of our servers, or to any of the Services offered on or through the Platform, by hacking, password mining or any other illegitimate means;
8.2.14. probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform;
8.2.15. reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Platform to its source, or exploit the Platform or any service or information made available of offered through the Platform, in any way where the purpose is to reveal any information, as provided for by the Platform;
8.2.16. use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform or with any other person’s use of the Platform;
8.2.17. except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Platform or cause any other person to do so; or
8.2.18. delete any attributions or legal or proprietary notices on the Platform.
9. MATERIAL OF USER
9.1. By uploading, transmitting, posting or otherwise making available any Material via the Platform (where permitted), you:
9.1.1. grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form and for any purpose including but not limited to:
a) collating statistical information about use of the Platform and submission of online applications;
b) analysing of user behaviour on the Platform; and
c) obtaining and analysing high level trends and prepare reports.
9.1.2. except where expressly stated otherwise, also grant each user of the Platform a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form for any purpose;
9.1.3. warrant to us that you have the right to grant the above mentioned licences;
9.1.4. warrant to us that the Material does not breach the Terms and Conditions; and
9.1.5. unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the Material.
9.2. We reserve the right (but have no obligation) to:
9.2.1. review, modify, reformat, reject or remove any Material which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates the Terms and Conditions or otherwise has the potential to harm, endanger or violate the rights of any person; and
9.2.2. monitor use of the Platform, and store or disclose any information that we collect, including in order to investigate compliance with the Terms and Conditions or for the purposes of any police investigation or governmental request.
9.3. We are not responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on the Platform by any person other than us.
9.5. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made Material available on the Platform simply by facilitating others to post, transmit or make Material available, nor do we endorse any opinion, advice or statement made by any person other than us.
10. THIRD PARTY WEBSITES + ADVERTISING
10.1. The Platform features and displays third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser.
10.2. We give no guarantee to you:
10.2.1. that every job advertised represents an actual job vacancy; and
10.2.2. of the continued availability of any job advertised.
10.3. We will not be liable to you should an advertiser have filled a job vacancy at any time prior to the removal of an advertisement from the Platform.
10.4. The Platform may feature or display links and pointers to websites operated by third parties, which are provided solely as a convenience to you. Such websites do not form part of the Platform and are not under our control. We do not accept any responsibility in connection with any such website. If you link to any such websites, you leave the Platform entirely at your own risk.
10.5. You must not link to the Platform from any other website (or otherwise authorise any other person to link from a third party website to the Platform) without our prior written consent.
10.6. If you contact a person using functionality provided on the Platform, including via e-mail, we do not accept any responsibility for any communications or transactions between you and the relevant person.
11. CONTENT DISCLAIMER
11.1. You assume total responsibility for your use of the Platform and any linked independent third-party websites.
11.2. Except where expressly stated otherwise, Content on the Platform is provided as general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.
11.3. We do not make any representation or warranty that any Content on the Platform will be reliable, accurate or complete, nor do we accept any responsibility arising in any way from errors or omissions.
11.4. We do not endorse or recommend any of the applicants or candidates and we strongly recommend that prior to entering into any agreement 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 Platform.
11.5. In no event will we be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any information contained on or omitted from the Platform.
11.6. We will not be liable for loss or damage suffered or incurred by you where that loss or damage results from any action or decision by you in reliance on the Content on the Platform, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.
11.7. You acknowledge that we are not responsible for, and accept no liability in relation to, any other users’ use of, access to or conduct in connection with the Platform in any circumstance.
12. EXCLUSIONS + LIMITATIONS
12.1. All express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise), relating to these Terms and Conditions, that are not contained in it, are excluded to the fullest extent permitted by law.
12.2. Any liability arising in relation to your use of the Platform, however arising and whether for direct, indirect, special, consequential loss or otherwise, including any liability arising by virtue of any representation or warranty, whether express or implied by law, is hereby excluded to the fullest extent permitted by law.
12.3. We provide no warranty to you that services generally available through the Platform will be uninterrupted or error free. Except where we are unable to exclude our liability by legislation, we, our officers, employees, agents and contractors will not be liable in any way to you or anyone else for any loss or damage, however it arises (whether in contract, tort including negligence, or otherwise) out of or in connection with your access and use of the Platform.
12.4. In the case of Services supplied or offered via the Platform, liability for breach of an implied term which cannot be excluded by legislation, is limited at our option to either, the supply of the Services (or the equivalent Services) again or the payment of the cost of having the Services supplied again.
12.5. Our limitation of liability under these Terms and Conditions applies to direct, indirect, consequential, special, punitive or other damages that you or others may suffer, as well as damages for loss of profit, business interruption or the loss of data or information, even if we are informed of their possibility.
12.6. We accept no responsibility or liability for any errors in your advertisements and you must check your advertisements for errors as soon as they are placed on the Platform.
12.7. We agree to use reasonable efforts to publish advertisements in the shortest possible time.
12.8. We cannot and do not guarantee or warrant to you that files available for downloading through the Platform or delivered via electronic mail through the Platform, or features and products available through the Platform, will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Platform for the reconstruction of any lost data.
12.9. We also act as a medium through which individuals seek employment opportunities. We do not vet, nor are we responsible for vetting, candidates or the representations made by them whether oral or in writing - including those representations appearing in candidates' resumes.
13. NOTICE OF INFRINGEMENT
13.1. If you think that the Platform has been accessed or used by another user in breach of the Terms and Conditions, please email us at firstname.lastname@example.org
13.2. If you wish to send us a copyright infringement notification, you will need to identify the Content or Material(s) that you believe infringe(s) your copyright, identify each copyright protected work in which you own the rights and which you believe has been infringed, identify how each copyright protected work has been or is being infringed and include your contact information.
13.3. You will need to sign the notice and send it to email@example.com.
14.1. Indemnity: You indemnify and keep us indemnified in respect of all damages, losses, costs and expenses (including legal costs) that we may incur as a result of your use of, access to, or conduct in connection with the Platform, including any breach of these Terms and Conditions.
14.2. Lawful purpose: You shall ensure that the Platform is used only for lawful purposes and in accordance with any applicable laws.
14.3. Binding: These Terms and Conditions shall bind our successors, administrators and permitted assigns and your executors and permitted assigns, or, being a company, its successors, administrators and permitted assigns.
14.4. Assignment: We may assign, transfer and/or sub-contract our rights and/or obligations (in whole or in part) under these Terms and Conditions. You may not assign, transfer, hold on trust or otherwise delegate any of your rights or obligations under these Terms and Conditions without our prior written consent. If you are a company, any change in your effective control shall be deemed an assignment.
14.5. Force Majeure: If a Force Majeure Event occurs, we may:
14.5.1. totally or partially suspend any Platform, any part of the Platform during any period in which we may be prevented or hindered from delivering by our normal means of supply or delivery due to that Force Majeure Event; and
14.5.2. elect to extend at our discretion the period for performance of an obligation under these Platform or any relevant terms and conditions as is reasonable in all the circumstances.
14.6. Severability: Each clause in these Terms and Conditions is severable and if any clause is held to be illegal or unenforceable, then the remaining clauses will remain in full force and effect.
14.7. Waiver: No failure, delay, relation or indulgence on our part in exercising any power, right or remedy precludes any other or further exercise of that or any other power, right or remedy.
14.8. Governing law: These Terms and Conditions shall be governed by the laws of the State of New South Wales.
15. INTERPRETATION + DEFINITIONS
15.1. Personal pronouns: Except where the context otherwise provides or requires:
15.1.1. the terms we, us or our refers to the NSW Business Chamber Limited or relevant Affiliated Entities (as the case may be or context requires); and
15.1.2. the terms you or your refers to a user of the Platform being an employer or advertiser.
15.2. Defined terms: In these Terms and Conditions, unless otherwise provided, the following terms shall have their meaning as specified:
Affiliated Entities means NSW Business Chamber Limited’s subsidiaries, affiliates, associated entities and relevant partners as the case may be or the context requires from time to time, including Recruitment Solutions Group Australia Pty Limited and the Recruitment Solutions Group Australia Trust.
Content means all text, graphics, user interfaces, visual interfaces, photographs, illustrations, audio, video, trademarks, logos, sounds, music, artwork and computer code including but not limited to the design, structure, selection, coordination, expression, look and feel and arrangement of such content contained on the Platform which is owned controlled or licensed by or to us and is protected by Intellectual Property Rights.
Force Majeure Event means circumstances beyond our reasonable control shall include, but not be limited, to compliance with any laws, regulations, orders, acts, instructions or priority request of any government, or any department or agency, civil or military authority, acts of God, acts of the public enemy, your acts or omissions, fires, floods, strikes, lockouts, embargoes, wars, labour or material shortages, riots, insurrections and defaults of our suppliers or subcontractors.
Intellectual Property Rights means all forms of intellectual property rights (whether registered or unregistered) in copyright, designs, patents, trademarks, domain names, trade secrets, know-how, confidential information, and all other similar proprietary rights and all extensions and renewals thereof anywhere in the world which currently exist and/or are recognised in the future.
Material means any material in which you have Intellectual Property Rights provided by you for use on the Platform or in the production, development and supply of the Services to you including, but not limited to, text, illustrations, photographs, audio, video, any combination of these or other material.
NSW Business Chamber Limited means NSW Business Chamber Limited (ACN 000 014 504) of 140 Arthur Street, North Sydney, NSW 2060.
Terms and Conditions means these terms and conditions of access to the Platform and any additional terms, conditions, notices and disclaimers displayed elsewhere on the Platform, as amended from time to time.
Platform means our website at skillsroad.com.au including its sub-domains and database known as the Jobs Board.
Privacy Act means the Privacy Act (Cth) 1988 as amended from time to time.
Entities, as amended from time to time.
Services means the platform for advertising employment opportunities provided by NSW Business Chamber Limited or Affiliated Entities applicable through your use of the Platform or otherwise.
Sub-Domain means the web pages hosted by us at http://www.skillsroad.com.au