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Applicant Terms and Conditions

These terms and conditions apply to job seekers and Applicants who use the Website to search and apply for jobs. By registering as Applicant, or otherwise using this Website to search for a job, you accept these terms and conditions. You also agree that your name and email contact details may be added to our newsletter database and that your Personal Information may otherwise be handled in accordance with our Privacy Policy and clause 9 below.

  1. Registration as an Applicant
    • (a) Any person over the age of 18 years may apply to register as an Applicant by completing and submitting the relevant registration application available on the Website.
    • (b) You must not share your account with any other person, or open an account using any other person’s name.
    • (c) You must ensure that all registration information provided to us is complete and accurate, including your contact details. If this information changes, you must promptly update your account information using the Website.
    • (d) We may accept, reject or revoke your registration for any reason. We may also ask you to provide proof of identity.
    • (e) Once registered, you will be issued a user name and password by email. You must then complete an account profile following which you may upload your resume on the Website and sign up for email alerts for new job posts.
    • (f) You must use the Website in accordance with these terms and conditions, our Website Terms and Conditions, our Acceptable Use Policy and any procedures notified by us from time to time.
    • (g) You must keep your user name and password secret and confidential, and not disclose them to any other person.
    • (h) You must immediately notify us if you know or suspect of any unauthorised access to, or disclosure or use of, your user name or password.
    • (i) You are solely responsible for all activities that take place under your account or user name.
    • (j) You are responsible for obtaining at your own cost all computer software, hardware and communications services required to access or use the Website.
  2. Vetting of Advertisements and recruiters/employers

    You acknowledge and agree that:

    • (a) we do not endorse or recommend any of the recruiters or employers who advertise on this Website;
    • (b) we provide no guarantees with respect to the nature or existence of any jobs included in any Advertisements;
    • (c) we do not generally, and we have no obligation to, review or check any information posted or provided by recruiters or employers, including in their Advertisements, although we reserve the right to do so;
    • (d) we do not guarantee that any job is or remains available at any the time that it is advertised on this Website;
    • (e) we are not responsible for the content of any Advertisements;
    • (f) we are not responsible for any acts or omissions of any recruiters, employers or other persons who use this Website, including without limitation any misrepresentation or fraud; and
    • (g) you are solely responsible for:
      • (i) checking and assessing all information accessible to you on the Website, including in Advertisements, or that is otherwise provided to you by any recruiter or employer registered on this Website; and
      • (ii) obtaining independent legal, accounting and taxation advice as required, including with respect to:
        • (A) any employment contract offered by an employer; and
        • (B) compliance with all applicable Laws.
  3. Listing Periods

    Your resume and profile will remain active on the website for an indefinite period from the date that you first upload your resume (Listing Period).
    However, if your resume has not been updated and or no activities has been recorded for you profile in 12 months’ time; we reserve the right to:

    • (a) make your profile inactive; and
    • (b) your profile may not appear on the Website or show in searches undertaken by employers or recruiters.
  4. Managing your profile and resume
    • (a) You are solely responsible for managing (including creating, changing, classifying, activating, deactivating and updating) your profile and resume.
    • (b) We do not review or approve profiles or resumes, although we reserve the right to do so and to take appropriate action, including reclassifying, changing, deactivating or removing a profile or resume, if we consider that any profile or resume is contrary to these terms and conditions, our Website Terms and Conditions or our Acceptable Use Policy, is unlawful, or is otherwise inappropriate.
    • (c) You must promptly provide us with any information or evidence that we request in relation to the content of any material that you post or upload to this Website (including your resume).
    • (d) You must comply with any reasonable direction we give you in relation to your profile or resume, including reclassifying, deactivating, removing, amending or updating your profile or resume.
    • (e) We may include any additional information in or in relation to your profile for any reason we see fit, including to comply with Law and to manage our risk.
  5. Your use of this Website
    • (a) You may only register as an Applicant, or search for or apply for jobs through this Website, for your own personal purposes relating to you personally seeking or applying for employment opportunities.
    • (b) You must not use this Website in connection with any commercial or business purpose.
    • (c) You may not use this Website to advertise, promote or offer to sell any goods or services.
    • (d) You may not use any contact details that you obtain from this Website for the purpose of sending unsolicited commercial emails or bulk emails.
    • (e) You are responsible for the content of your profile and all resumes and other material uploaded or posted by you on this Website, or communicated by you to recruiters or employers registered on this Website. In this regard you must:
      • (i) not include any content that infringes any third party’s rights including intellectual property rights or Moral Rights;
      • (ii) not include information that is:
        • (A) false, misleading or deceptive;
        • (B) out-of-date or incomplete;
        • (C) offensive, abusive, obscene, vulgar, sexually explicit, defamatory, discriminatory, racist, sexist, hateful or menacing;
        • (D) likely to incite violence or hatred against any person or class of person; or
        • (E) any third party’s personal information, unless you have the express written consent of the individual concerned to use and disclose that individual’s personal information;
      • (iii) not breach any obligation of confidence to any person; and
      • (iv) ensure that the material or communication does not contain any viruses, worms or other harmful code, or otherwise compromise the security or integrity of the Website or of the recipient’s computer network.
  6. Security
    • (a) We do not warrant, and cannot ensure, the security of any information which you transmit to us or any recruiter or employer, or of any information or material that you upload to the Website. All such information and materials are transmitted and uploaded at your risk.
    • (b) You acknowledge and agree that we are not responsible or liable for the security or privacy practices of any recruiter or employer registered on this Website.
  7. Acceptable Use Policy and Website Terms and Conditions

    A breach of the Acceptable Use Policy or our Website Terms and Conditions will constitute a breach of these terms and conditions. We have the right to vary the Acceptable Use Policy and our Website Terms and Conditions at any time. By continuing to use this Website, you agree to any such variations.

  8. Licence
    • (a) You grant us an irrevocable, perpetual, non-exclusive, world-wide, royalty-free, transferable licence to exercise any and all of your intellectual property rights subsisting with respect to your resume and any other material you upload onto the Website, for the purpose of operating the Website (including the sale of access to resumes by us to employers and recruiters) (Licence). You agree we also have the right to sublicense for that purpose.
    • (b) You consent to us infringing your Moral Rights in the course of exercising the Licence by not attributing you as the author of the relevant work, or by dealing with the relevant work in any manner that might constitute derogatory treatment.
  9. Privacy
    • (a) With respect to any Personal Information that you collect as a result of your use of, or access to, this Website, including without limitation from employers and recruiters, you warrant and represent that you will handle that Personal Information in accordance with the Australian Privacy Principles contained in the Privacy Act 1988 (Cth), including without limitation by:
      • (i) not using or disclosing that information other than for your own personal purposes;
      • (ii) not using or disclosing that information other than for the purpose for which it was collected; and
      • (iii) taking reasonable steps to maintain the security of any such information.
    • (b) You must not under any circumstances sell any such Personal Information, or use or disclose any such personal information for marketing purposes.
    • (c) You consent to us using and disclosing your Personal Information in accordance with our Privacy Policy. The scope of your consent includes, without limitation, allowing registered employers and recruiters to access your resume and other Personal Information through this Website in return for a fee payable to us.
    • (d) Without limitation to clause 9(c), you consent to us:
      • (i) adding your name and email contact details to our newsletter database;
      • (ii) using your Personal Information to send you direct marketing material in relation to our products or services, Associated Entities’ products or services, or the products or services of third parties; and
      • (iii) disclosing your Personal Information to our Associated Entities’ and other third parties, in order to facilitate direct marketing by those parties.
  10. Deactivation and termination
    • (a) You may deactivate your profile at any time.
    • (b) We may, in our discretion, deactivate, modify, reclassify or remove any profile, resume your account at any time, for any reason.
    • (c) Either party may terminate this agreement at any time by giving written notice to the other party.
    • (d) Where our agreement with you is terminated for any reason, without limiting our remedies, we may deactivate your profile and resume.
    • (e) We will not refund any fees in the event of termination of this agreement, or deactivation of your account, profile or resume, for any reason.
  11. Disclaimer

    To the maximum extent permissible by law, neither we, nor any of our Associated Entities, agents, employees, officers or advisers, will be liable in any way whatsoever to you or any other person for any loss, damage, liability, cost, charge, expense, compensation or outgoing suffered, paid or incurred by that person in connection with this Website, including without limitation because:

    • (a) of any negligence in the operation or management of the Website;
    • (b) access to the Website by any person is withdrawn, suspended or restricted; or
    • (c) of any non-availability or failure of performance or management of the Website including any error, omission, interruption, deletion, defect, failure to correct, delay in operation or transmission, computer virus or other harmful component, communication line failure, or any alteration of, destruction or deletion of, or unauthorised access to, the Website or any part of the Website.
  12. Limitation of liability

    You use this Website at your own risk.
    To the extent permissible by law, we:

    • (a) exclude any implied or statutory conditions, guarantees and warranties (including with respect to quality, merchantability and fitness for purpose);
    • (b) exclude consequential, special or indirect loss or damage (including but not limited to loss of opportunity, loss of revenue, loss of data, loss of profits and damage to reputation); and
    • (c) limit our liability to you in respect of any claim under or in connection with the Website, any Advertisement and any employer or recruiter registered on this Website, whether the claim is based in contract, tort (including negligence), statute or otherwise, to the sum of AUD$1.00.
  13. Australian Consumer Law

    Nothing in these terms and conditions exclude or limit any guarantees or liability arising under the Australian Consumer Law or any other statute if and to the extent that liability cannot lawfully be excluded.
    To the extent that a Consumer Guarantee applies to any services supplied by us, our liability for any non-compliance with the Consumer Guarantee (other than a guarantee for which liability cannot be limited) is limited at our option to one or more of the following:

    • (a) supplying the services again; and
    • (b) payment of the cost of having the services supplied again.
  14. Indemnity

    You must jointly and severally indemnify us and our Associated Entities, agents, employees, officers and advisers (Indemnified Parties) and keep them indemnified, against all claims, actions, judgments, costs, fines, penalties, damages and legal costs (on an indemnity basis) incurred or suffered by an Indemnified Party, however caused in connection with:

    • (a) any breach by you of these terms and conditions, our Website Terms and Conditions or of the Acceptable Use Policy;
    • (b) any information or material that is:
      • (i) uploaded by you onto the Website;
      • (ii) included in your Website profile or resume; or
      • (iii) otherwise disclosed by you to any recruiter or employer registered on this Website; or
    • (c) any negligent, unlawful or fraudulent act or omission by you.
  15. Variations

    We may make changes to these terms and conditions at any time by publishing revised terms and conditions on the Website. By continuing to access or use the Website, you agree to the terms and conditions as varied.

  16. Contact and notices

    You can contact us for technical support by emailing [email protected].
    Any complaints about any employers or recruiters registered on this Website, or other job seekers, should be sent to [email protected].
    You can give us notices under these terms and conditions by sending an email to [email protected] or such other address as we notify you of from time to time.
    We may contact you and give you notice using the most recent email contact details you provide as part of your registration.

  17. Entire agreement

    These terms and conditions represent the entire agreement between us and you with respect to its subject matter, and supersede all previous representations and agreements made between us and you with respect to its subject matter.

  18. Severability

    Each provision in these terms and conditions will be construed as a separate and severable provision or part and if any provision is void or otherwise unenforceable for any reason, then that provision will be severed and the remainder will be read and construed as if the severable provision had never existed.
    If any of these terms and conditions are illegal, void or unenforceable in a jurisdiction, they will, as to that jurisdiction, be ineffective to the extent of the illegality, voidability or unenforceability, but without invalidating the remaining terms and conditions, or affecting the validity or enforceability of that provision in another jurisdiction.

  19. Relationship

    We do not have any fiduciary obligations to you. These terms and conditions do not create any relationship of partnership, employment, agency, trust or joint venture between us.

  20. Governing law

    These terms and conditions are governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of that State.

  21. Force majeure

    We will not be liable for any delay or failure to perform any of our obligations where such delay or failure was caused by circumstances beyond our reasonable control.

  22. Assignment

    We may assign our rights under these terms and conditions without your consent.

  23. Definitions

    Acceptable Use Policy means the acceptable use policy for Applicants published by us from time to time on the Website (if any).

    Advertisement means a job post made on this Website by a recruiter or an employer registered on this Website.

    Applicant means any person who registers on this Website as a job applicant, or who applies using this Website for any position the subject of an Advertisement.

    Associate has the meaning given in the Corporations Act 2001 (Cth).

    Associated Entities means:

    • (a) any one or more of our affiliates, third parties and associated entities;
    • (b) the Related Bodies Corporate and Associates of any of the entities.

    Australian Consumer Law means the Australian Consumer Law as contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth).

    Consumer Guarantee means a guarantee under the Australian Consumer Law.

    Law includes any law, statute, ordinance, regulation, determination, guideline, code or standard in any Australian jurisdiction.

    Licence has the meaning given in clause 8 of these terms and conditions.

    Listing Period means the period referred to in clause 3 of these terms and conditions.

    Moral Rights has the meaning given to that term in the Copyright Act 1968 (Cth).

    Personal Information has the meaning given to that term in the Privacy Act 1988 (Cth).

    Related Bodies Corporate has the meaning given in the Corporations Act 2001 (Cth).

    Website means the website at www.reconjobs.com.au.

    We, us and our are references to Recon Oz Pty Ltd ACN 601 487 585 trading as RECONjobs.

    You means any Applicant, and includes anyone acting on behalf of, or with the express or implied authority of, that person.