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WHAT PARTS OF THESE TERMS APPLY TO ME?

This agreement governs your use of the Vaccancy website located at Vaccancy.com.au and the Vaccancy mobile application available on the Apple iOS Store and the Google Play Store (Platform) and any other services made available through the Platform. By using the Platform, you agree to be bound by this agreement which forms a binding contractual agreement between you, the User, and us, Vaccancy Pty Ltd ABN 57 637 410 087 (Vaccancy, we or us).

The remainder of this agreement is divided into three parts:

  • Part 1 (All Users), which sets out terms that apply to all Users;
  • Part 2 (Employers), which sets out additional terms that apply to Employers, being companies posting job advertisements on the Platform; and
  • Part 3 (Candidates), which sets out additional terms that apply to Candidates, being people seeking employment on the Platform.

If you intend to use the Platform as a Employer, only Parts 1 and 2 of these terms will apply to you.

If you intend to use the Platform as a Candidate, only Parts 1 and 3 of these terms will apply to you.

When we talk about the “Services” in this agreement, we are referring to our mobile applications available on the Apple iOS Store and the Google Play Store, our website and any associated services we offer.

If you access or download our mobile application from the Apple App Store or Google Play Store, you agree to Apple’s Licensed Application End User License Agreement and any Usage Rules set forth in the App Store Terms of Service or, as applicable, the Android, Google Inc. Terms and Conditions including the License Agreement and Terms of Application.

Part 1: All Users

1. ELIGIBILITY

  • This Platform is not intended for unsupervised use by any person under the age of 18 years old, by any person (whether supervised or not) under the age of 13 or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you are either:
    • over the age of 18 years and accessing the Platform for personal use; or
    • accessing the Platform on behalf of someone under the age of 18 years old but over the age of 13 years old and consent to that person’s use of the Platform.
  • Please do not access the Platform if you are under the age of 13 years old, or if you are under the age of 18 years old and do not have your parent or guardian’s consent, or if you have previously been suspended or prohibited from using the Platform.
  • If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “User” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.

2. ACCOUNTS

  • In order to use most of the functionality of the Platform, all Users are required to sign-up, register and receive an account through the Platform (an Account).
  • As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, employment history and other information as determined by Vaccancy from time to time.
  • You warrant that any information you give to Vaccancy in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
  • You may register for an Account using your Google+, Facebook, LinkedIn or other social media network account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to your current profile photo and other basic information.
  • Once you complete the Account registration process, Vaccancy may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
  • Vaccancy reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
  • Vaccancy may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.

3. USER OBLIGATIONS

As a User, you agree:

  • not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
  • to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify Vaccancy of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;
  • to not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive services, including:
    • you must not use the Platform in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes); and
    • you must not use the Platform in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by Vaccancy;
  • not to act in any way that may harm the reputation of Vaccancy or associated or interested parties or do anything at all contrary to the interests of Vaccancy or the Platform;
  • you must not make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of Vaccancy;
  • that Vaccancy may change any features of the Platform or Services offered through the Platform at any time without notice to you;
  • that information given to you through the Platform, by Vaccancy or another User including a Employer, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
  • that Vaccancy may cancel your account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 3.

4. POSTED MATERIALS

4.1 WARRANTIES

By providing or posting any information, materials or other content on the Platform (Posted Material), you represent and warrant that:

  • you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
  • the Posted Material is accurate and true at the time it is provided;
  • any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
  • the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
  • the Posted Material is not “passing off” of any product or service and does not constitute unfair competition;
  • the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
  • the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
  • the Posted Material does not breach or infringe any applicable laws.
4.2 LICENCE
  • You grant to Vaccancy a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for Vaccancy to use, exploit or otherwise enjoy the benefit of such Posted Material.
  • If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release Vaccancy from any and all claims that you could assert against Vaccancy by virtue of any such moral rights.
  • You indemnify Vaccancy against all damages, losses, costs and expenses incurred by Vaccancy arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.
4.3 REMOVAL
  • Vaccancy acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, Vaccancy may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material.
  • You agree that you are responsible for keeping and maintaining records of Posted Material.

5. ADVERTISING

  • All Users are able to advertise on the Platform via third party ad banner providers or other ad formats, such Google AdSense (Third Party Ad Providers) by using the functionality available on the Platform (Advertising).
  • In addition to this agreement, your purchase of any advertising via a Third Party Ad Provider will be subject to the terms and the privacy policy of the such a Third Party Ad Provider.
  • You agree to release Vaccancy and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Third Party Ad Provider, including any issue with security or performance.
  • Unless otherwise agreed in writing with Vaccancy, you must pay for all Advertising prior to Vaccancy providing you with access to such Advertising.
  • Vaccancy reserves right to withhold publication or remove any Advertising, if it believes at its sole discretion that:
    • the creative design;
    • the copy of the Advertisement; or
    • the page to which the advertisement links to is:
      not aligned to employment or career related services and/or; not appropriate for distribution by Vaccancy.

6. PAYMENT

  • (Card surcharges) Vaccancy reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club).
  • (Online payment partner) Vaccancy may process payments through a third-party payment provider (Online Payment Partner). In addition to this agreement, your purchase of any services via the Platform will be subject to the terms and the privacy policy of the Online Payment Partner, available on the Online Payment Partner’s website.
  • You agree to release Vaccancy and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner’s platform or any error or mistake in processing your payment.
  • (Pricing errors) In the event that we discover an error or inaccuracy in any price at which your Advertising order was purchased via the Platform, we will attempt to contact you and inform you of this as soon as possible. Subject to your agreement with Google AdSense, you will then have the option of purchasing the relevant services at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.

7. SERVICE INTERRUPTIONS AND CANCELLATIONS

Vaccancy will have no liability or obligation to you if:

  • a Candidate or Employer cancels at any time after the time for performance of the any contract between a Candidate and an Employer is agreed; or
  • for whatever reason, including technical faults, the Services cannot be performed or completed,
    and you will not be entitled to any compensation from Vaccancy.

8. SERVICE LIMITATIONS

The Platform is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that Vaccancy cannot and does not represent, warrant or guarantee that:

  • the Platform will be free from errors or defects;
  • the Platform will be accessible at all times;
  • messages sent through the Platform will be delivered promptly, or delivered at all;
  • information you receive or supply through the Platform will be secure or confidential; or
  • any information provided through the Platform is accurate or true.

9. INTELLECTUAL PROPERTY

  • Vaccancy retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Services (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Service Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
  • You may make a temporary electronic copy of all or part of the Service Content for the sole purpose of viewing it and adapting it for the purpose of receiving the Services. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without prior written consent from Vaccancy or as permitted by law.
  • In this clause 9, “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.

10. THIRD PARTY CONTENT

The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). Vaccancy accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

11. THIRD PARTY TERMS

  • Any service that requires Vaccancy to acquire services supplied by a third party on behalf of the Candidate (including a third party payment service) may be subject to the terms and conditions of that third party (Third Party Terms), including ‘no refund’ policies.
  • Users agree to familiarise themselves with any Third Party Terms applicable to any such goods and services and, by instructing Vaccancy to acquire the services on the User’s behalf, the User will be taken to have agreed to such Third Party Terms.

12. DISPUTES

  • You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.
  • If you have a dispute with Vaccancy, you agree to notify us first at support@vaccancy.com.au and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.
  • Notwithstanding any other provision of this clause 12, you or Vaccancy may at any time cancel your Account or discontinue your use of the Platform.

13. SECURITY

Vaccancy does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.

14. DISCLAIMER

  • (Introduction service) Vaccancy is a medium that facilitates the introduction of Candidates and Employers for the purposes of allowing them to enter into contractual relationships with each other. Vaccancy simply collects a service fee in consideration for providing this introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, Candidates and Employers in relation to such services or otherwise resulting from the introduction.
  • (Limitation of liability) To the maximum extent permitted by applicable law, Vaccancy excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Platform or its use or any services provided by any Employer. This includes the transmission of any computer virus.
  • (Disclaimer) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee into this agreement which may not lawfully be excluded, then to the maximum extent permitted by applicable law, Vaccancy’s liability for breach of that non-excludable condition, warranty or guarantee will, at our option, be limited to:
    • in the case of goods, their replacement or the supply of equivalent goods or their repair; and
    • in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.
  • (Indemnity) You agree to indemnify Vaccancy and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives’ use of the Platform or your provision or receipt of services from another User.
  • (Consequential loss) To the maximum extent permitted by law, under no circumstances will Vaccancy be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Platform, this agreement or their subject matter, or any services provided by any Employer (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

15. CONFIDENTIALITY

You agree that:

  • no information owned by Vaccancy, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
  • all communications involving the details of other users on this Platform and of the Employer are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.

16. PRIVACY

  • You agree to be bound by the clauses outlined in Vaccancy’s Privacy Policy, which can be accessed here.
  • We collect personal information about you in order to share it with other Users, to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
  • Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.

17. NOTICE REGARDING APPLE

If you are accessing the Services from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree:

  • this agreement is are between you and Vaccancy and not with Apple. Apple is not responsible for the Services or any content available on the Services;
  • Apple has no obligation whatsoever to furnish any maintenance and support services for the Services;
  • in the event of any failure of Vaccancy to conform to any applicable warranty, you may notify Apple, and Apple will refund the price for the Services. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be Vaccancy’s responsibility;
  • Apple is not responsible for addressing any claims by you or any third party relating to the Services, including, but not limited to:
    • product liability claims;
    • any claim that the Services fails to conform to any applicable legal or regulatory requirement; and
    • claims arising under consumer protection, privacy, or similar legislation;
  • in the event of any third party claim that the Services or your use of the Services infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim;
  • that you represent and warrant that:
    • you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting’” country; and
    • you are not listed on any U.S. Government list of prohibited or restricted parties;
  • you must comply with applicable third party terms of this agreement when using the Services; and
  • Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and that, upon your acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary.]

18. TERMINATION

  • Vaccancy reserves the right to terminate a User’s access to any or all of the Platform (including any listings and memberships) at any time without notice, for any reason.
  • In the event that a User’s membership is terminated:
    • the User’s access to all posting tools on the Platform will be revoked;
    • the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and service listings or requests); and
    • the User may be unable to view the details of all other Employers (including contact details, geographic details and any other details), and all service listings previously posted by the respective User will also be removed from the Platform.
  • Users may terminate their membership on Vaccancy at any time by using the Platform’s functionality where such functionality is available. Where such functionality is not available, Vaccancy will effect such termination within a reasonable time after receiving written notice from the User.
  • Notwithstanding termination or expiry of your membership or this agreement, the provisions of Part 1 and any other provision which by its nature would reasonably be expected to be complied with after termination, will continue to apply.

19. TAX

You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Platform, and Vaccancy will not be held accountable in relation to any transactions between Candidates and Employers where tax related misconduct has occurred.

20. RECORD / AUDIT

To the extent permitted by law, Vaccancy reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving Vaccancy.

21. GOVERNING LAW

This agreement is governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

Part 2: EMPLOYERS

1. ELIGIBILITY

  • You must verify that any Candidate is over 18 years old or has their parent’s or guardian’s consent to use the Platform.
  • You must at all times maintain a valid working with children check in the jurisdiction you will offer your services in. Vaccancy is under no obligation to confirm the status of your eligibility to work with people under 18 years old. You indemnify Vaccancy against any claim that may arise in connection with your eligibility to work with people under 18 years old.

2. JOB ADVERTISEMENTS

You acknowledge and agree that:

  • you must use your best endeavours to provide as much information as possible in job advertisements you post on the Platform (Job Advertisement);
  • Vaccancy may choose not to accept any Job Advertisement you submit to the Platform, and Vaccancy may limit the number of Job Advertisements you can submit on the Platform;
  • you must deal with any dispute with a Candidate in accordance with clause 10 of Part 1;
  • any additional terms and conditions relating to a Job Advertisement or quote provided via the Platform are solely between you and the Candidate and do not involve Vaccancy in any way, except that they must not be inconsistent with your obligations under this agreement; and
  • Vaccancy will have no responsibility for the accuracy, reliability or timeliness of the content or representations provided by a Candidate responding to a Job Advertisement.

3. FEES

  • Viewing the Platform to search for Job Advertisements is free.
  • To post Job Advertisements and/or download the Candidates’ CVs you must pay the subscription fee specified in your separate Service Agreement with Vaccancy.

3. OBLIGATIONS

  • You acknowledge and agree that Vaccancy does not conduct any screening in respect of Candidates.
  • You are responsible for satisfying yourself that:
    • a Candidate has the qualifications, training, experience, and any meets any other requirements necessary for your purposes; and
    • a Candidate meets any suitability, security, trade, professional, or occupational health and safety requirements imposed by law in order to work in the placement.

3. WARRANTIES

By listing yourself as an Employer on the Platform and posting a Job Advertisement, you represent and warrant that:

  • you are able to fulfil the requirements specified in the Job Advertisement;
  • any Job Advertisement you post and any agreements you enter into with a Candidate are in compliance with all applicable laws; and
  • if applicable, that your workplace is in compliance with Work Health and Safety laws and all other applicable laws.

    Part 3: CANDIDATES

    1. JOB ADVERTISEMENTS

    • Vaccancy provides no guarantees that any job position advertised in any of the of the Job Advertisements or on the Platform will be vacant at the time you apply for such positions. Vaccancy will not be liable to you if an Employer fills a job position advertised in a Job Advertisement or on the Platform prior to removing the job position from the Platform.
    • You acknowledge and agree that any terms and conditions or other agreements relating to employment provided via the Platform or in an Job Advertisement are solely between you and the Employer and do not involve Vaccancy in any way, except that they must not be inconsistent with your obligations under this agreement.

    2. RESUME STORING and profile sharing

    • Your Account will contain such information as employment and educational history, contact details, minimum salary expectations, and preferred job classifications and locations. You may store one or more CVs in your Account. Collectively, this information is referred as ‘Profile Information’.
    • The Platform will allow you to select whether you would like to make some or all of your Profile Information viewable by Employers.
    • We will store your Profile Information in accordance with our Privacy Policy as per clause 16 of Part 1.

    3. JOB ALERTS EMAIL

    You may elect to receive automated job alerts to match your skills to Job Advertisements on the Platform directly to your email address (Email Alerts). To use Email Alerts, you must select to do so by using the Platform’s functionality and provide us with your email address and information relating to the employment opportunities you are seeking, such as your preferred industry or relevant keywords, as we request.

    4. RATINGS AND REVIEWS

    1. Candidates may rate a Job Advertisement (Rating) and/or may provide feedback to Employers regarding the Employer’s businesses (Review).
    2. Ratings and Reviews of a Candidate can be viewed by any user and will remain viewable until the relevant Employer’s Account and/or Job Advertisement is removed or terminated.
    3. A Candidate must provide true, fair and accurate information in their Review.
    4. If we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban the Candidate from posting the Review. We do not undertake to review each Review made by a Candidate.
    5. To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
    6. You may not publish Reviews for Employers to which you have personal or professional relations.
    7. You can write a Review about an Employer if you have had an experience with that Employer, which means that:
      (i)               you have applied for a job from that Employer; or
      (ii)              you had previously worked for the Employer; or
      (iii)             you can otherwise document your use of the Employer’s service, including via correspondence or other interaction with the Employer,
      (collectively referred to as a Service Experience).
    8. You may only write about your own Service Experience. You are not permitted to write a Review about somebody else’s Service Experience, such as that of a family member or friend.
    9. You may not write a review about an Employer you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that Employer, or work for the Employer. Similarly, you may not write a Review about a direct competitor to the Employer you own, are employed by or work for.
    10. Your Service Experience must have occurred within the last 12 months. This means within 12 months from the date on which you write the Review.
    11. You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by an Employer to write a Review, you should include information about this in your Review. Incentives include the Employer offering you a gift, reward, discount or advantage for writing a Review about the Employer on the Platform.

    5. LINKED BUSINESSES

    You acknowledge and agree that:

    • the Platform provides links and introductions to Employers owned and operated by third parties that are not under the control of Vaccancy;
    • the provision by Vaccancy of introductions to Employers does not imply any endorsement or recommendation by Vaccancy of any Employer;
    • Vaccancy does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Employer who uses or is listed on the Platform; and
    • any terms and conditions relating to a service, Job Advertisement or quote provided via the Platform constitute a contract between you and the Employer and do not involve Vaccancy in any way.

    6. COMMUNICATION OUTSIDE THE PLATFORM

    • You must not communicate with an Employer, or request or entice an Employer to communicate with you, outside the Platform (except in the course of accepting the Employer’s job offer or interview invitation).
    • Vaccancy, in its absolute discretion, may cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 6.

This agreement sets out the terms under which the parties, being Vaccancy Pty Ltd ABN 57 637 410 087 (Vaccancy, we, our or us) and you or the company which you represent (the Employer, you, your, yours) will provide services to each other.

You will be taken to have to have accepted this agreement if you accept it via the tick box provided below or otherwise indicate your assent.

1.                  KEY AGREEMENT DETAILS

Employer Services To provide Candidates with Job Advertisements on the Website in accordance with this Employer Agreement and Vaccancy Marketplace T&Cs.
Job Advertisement The posting of a job (whether or a permanent, temporary, or casual nature) by the Employer on the Website.
Candidate Means a person responding to the Employer’s Job Advertisements via the Website.
CV Means a document (in any form) containing the curriculum vitae, resume or similar uploaded by a Candidate to the Website.
Website Vaccancy website located at 397 Riley Street, Surry Hills, NSW 2010.
Subscription Package The subscription package to the Website selected by the Employer out of the following subscription packages.

 

2.                  TERM

This agreement commences on the date the Employer accepts this agreement and will continue until terminated in accordance with its terms (the Term).

3.                  SUBSCRIPTION PACKAGE

(a)                 In consideration for the payment of the fees set out on the Website (Fees), Vaccancy will provide the Employer with the services listed in the Subscription Package selected by the Employer.

(b)                 Unless otherwise agreed, Vaccancy may, in its discretion, withhold any of the benefits of a Subscription Package until the Employer has paid any Fees or deposit payable in respect of such a Subscription Package.

4.                  THE EMPLOYER’S OBLIGATIONS

4.1               PROVISION OF THE EMPLOYER SERVICES

During the Term, the Employer must provide the Employer Services to Vaccancy in line with this agreement.

4.2               GENERAL

The Employer agrees:

(a)      promptly advise Vaccancy of any changes in the Employer’s circumstances that may affect its obligations under this agreement, including being able to provide the Employer Services; and

(b)      to immediately notify Vaccancy if there is a change in ownership of the Employer’s business.

4.3               INFORMATION AND LIAISON

The Employer agrees:

(a)      to provide any documentation, information and/or assistance reasonably required by Vaccancy, including but not limited to information relating to the search engine functionality on the Website such as keywords and descriptions relating to a Job Advertisement; and

(b)      to liaise with Vaccancy as it reasonably requests for the purpose of enabling Vaccancy to provide the Website.

To comply with this clause, the Employer must appoint a member of staff to be a consistent point of contact with Vaccancy (Liaison Officer). If the Liaison Officer changes for any reason, the Employer must immediately appoint a new Liaison Officer and notify Vaccancy in writing of this change.

4.4               STANDARD OF EMPLOYER SERVICES

The Employer must provide, and ensure its Personnel provide, the Employer Services:

(a)      in accordance with Vaccancy’ reasonable directions;

(b)      in accordance with Vaccancy’ policies (as notified to the Employer from time to time) and Vaccancy Marketplace Terms and Conditions available via the Website;

(c)      containing only bona fide Job Advertisements;

(d)      in accordance with all applicable laws, tax obligations and industry standards;

(e)      with due care and skill and in a professional, punctual and diligent manner; and

(f)       in a manner so that the Employer Services are fit for their intended purpose.

4.5               WARRANTIES AND INSURANCE

By accepting this agreement and/or posting a Job Advertisement, you agree and warrant that:

(a)      you are able to fulfil the requirements of the Job Advertisement;

(b)      you are responsible for satisfying yourself that:

(i)                  a Candidate has the qualifications, training, experience, and any meets any other requirements necessary for your purposes; and

(ii)                 a Candidate meets any suitability, security, trade, professional, or occupational health and safety requirements imposed by law in order to work in the placement;

(c)      if you hire a Candidate, you are responsible for complying with any laws applicable to such engagement, including employment, taxation, superannuation and Work Health and Safety laws; and

(d)      you understand that Vaccancy does not hold insurance in respect of any Candidate, including any public liability insurance, and that it is your responsibility to obtain and hold any such insurances, if applicable.

4.6               JOB ADVERTISEMENTS

(a)                 Any Job Advertisements you submit on the Website must not exclude application via the Website, for example by requiring that Candidates only apply by using your own contact details.

(b)                 You agree and warrant that any Job Advertisement you post on the Website will:

(i)                  only contain bona fide employment opportunities that are current at the time of you posting the Job Advertisement;

(ii)                 be posted under the appropriate category on the Website; and

(iii)                only contain one job role.

(c)                 Any Job Advertisement containing more than one job role will be taken by the parties to be the posting of the same number of Job Advertisements as their job roles advertised within such a Job Advertisements. For example, if a Job Advertisements advertises five (5) different roles it will count as five (5) distinct Job Advertisements.

4.7                Refund Policy:

Employer are not entitled to claim a refund of any amounts paid to Vaccancy if:

(a) They post any job advertisement or utilise any feature of the Site or services in a way which is in breach of website Terms & condition or the Employer Terms.

(b) Vaccacncy reserves the right to, in its absolute discretion (acting reasonably), reject, edit or remove any advertisement from the Site for any reason which they feel is unlawfull or not as per the site standard.

(c) if employer changing or updating any job posting or deleting and re-posting the substantially similar job advertisement;

5.                  PAYMENT

5.1               FEES

The Employer must pay to Vaccancy Fees in the amounts, Payment Due Date/s and using the Payment Method set out on the Website or as otherwise agreed in writing.

5.2               ONLINE PAYMENT PARTNER

Vaccancy uses third-party payment providers (Payment Providers) to collect payments for its services. The processing of payments by the Payment Provider will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Payment Provider and Vaccancy will not liable for the security or performance of the Payment Provider. Vaccancy reserves the right to correct, or to instruct the Payment Provider to correct, any errors or mistakes in collecting the Employer’s payment.

5.3               CARD SURCHARGES

Vaccancy reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club).

5.4               INVOICES

Unless otherwise agreed in writing:

(a)                 if Vaccancy issues an invoice to the Employer, payment must be made by the time(s) specified in such invoice; and

(b)                 in all other circumstances, the Employer must pay for all goods and services within 2 weeks of receiving an invoice for amounts payable.

6.                     GST

(a)      Unless otherwise specified, each consideration or payment obligation in this agreement is inclusive of GST.

(b)      If GST is or becomes payable on a Supply made under or in connection with this agreement, an additional amount is payable by the party providing consideration for the Supply equal to the amount of GST payable on that Supply as calculated by the party making the Supply in accordance with A New Tax System (Goods and Transitional Business Continuity Employer Services Tax) Act 1999 (Cth) (GST Act).

(c)      Any capitalised term in this clause which is not defined in this clause has the meaning given to that term in the GST Act.

7.                  CHANGES

The Employer must pay additional service fees for changes to a Subscription Package requested by the Employer which are outside the scope set out in the applicable Subscription Package (Changes).

8.                  RELATIONSHIP

The relationship between Vaccancy and the Employer is of a principal and an independent contractor. Nothing in this agreement constitutes or deems the Employer to be an employee or agent of Vaccancy. The Employer must not hold itself out as being entitled to contract or accept payment in the name of or on account of Vaccancy.

9.                  CONFIDENTIALITY

9.1               CONFIDENTIAL INFORMATION

The Employer and the Employer’s Personnel will not, during or after the Term, disclose Confidential Information directly or indirectly to any third party except:

(a)      with Vaccancy’s prior written consent;

(b)      as required by Law; or

(c)      to the Employer’s approved subcontractors on a need to know basis for the purposes of performing its obligations under this agreement (Additional Disclosees).

9.2               BREACH

If the Employer or Employer Personnel become/s aware of a suspected or actual breach of this clause 10 by the Employer, Employer Personnel or an Additional Disclosee, the Employer will immediately notify Vaccancy and take reasonable steps required to prevent, stop or mitigate the suspected or actual breach.

9.3               USE

The Employer and the Employer Personnel may only use the Confidential Information of Vaccancy for the purposes of exercising its rights or performing its obligations under this agreement.

9.4               ADDITIONAL DISCLOSEES

The Employer will ensure that Additional Disclosees keep the Confidential Information confidential on the terms provided in this clause 10. The Employer will on request by Vaccancy arrange for an Additional Disclosee to execute a document in a form reasonably required by Vaccancy to protect Confidential Information.

10.               INTELLECTUAL PROPERTY & MORAL RIGHTS

10.1             NEW MATERIAL

Intellectual Property Rights in New Material are immediately assigned to and vest in Vaccancy as those rights are created.

10.2             EXISTING MATERIAL

Each party retains ownership of Intellectual Property Rights in Existing Material and nothing in this agreement transfers ownership or assigns any Intellectual Property Rights in Existing Material of a party to the other party.

10.3             LICENCE

To the extent that any of the Employer’s Existing Material is incorporated in the New Material, the Employer grants to Vaccancy a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify and adapt the Employer’s Intellectual Property Rights in such Existing Material in order for Vaccancy to use, exploit or otherwise enjoy the benefit of the New Materials.

10.4             THIRD PARTY INTELLECTUAL PROPERTY

The Employer warrants that:

(a)      the Employer Personnel’s performance of the Employer Services and provision of the Employer Services to Vaccancy; and

(b)      Vaccancy’s receipt and use of the Employer Services, New Materials and the Employer’s Existing Materials;

will not infringe the Intellectual Property Rights of any third party.

10.5             MORAL RIGHTS

To the extent that the Employer or Employer Personnel (or both, as the case may be) has Moral Rights in the New Material or Existing Material, the Employer and the Employer Personnel give a Moral Rights Consent. To the extent that a person, other than the Employer or Employer Personnel, has Moral Rights in the New Material or Existing Material, the Employer will obtain a Moral Rights Consent from that person, and provide it on request by and in a form acceptable to Vaccancy.

11.               PRIVACY

11.1             GENERAL

(a)      Both parties must comply, and ensure that their Personnel comply, at all times with Privacy Laws.

(b)      In this clause 12, “Privacy Laws” means the Privacy Act 1988 (Cth), including the Australian Privacy Principles, and the guidance and codes of practice issued by the Office of the Australian Information Commissioner from time to time, and other capitalised terms have the meaning given in that Act.

(c)      The Employer agrees to the terms of Vaccancy’s Privacy Policy available here.

11.2             NO ON-SELLING OR MISUSE OF PERSONAL INFOMRATION

(a)      You must only use personal information relating to a Candidate in relation to your bona fide employment and/or recruitment activities.

(b)      You must not use the Candidates’ personal information to sell them products or to offer them services unrelated to your recruitment activities.

(c)      Unless you obtain specific written permission from us, you must not provide the Candidates’ personal information to any other party, including to any affiliate or related party of yours under any circumstances.

(d)      In this clause 11, “personal information” has the meaning it is given in the Privacy Act 1988 (Cth).

 

12.               DISLAIMER

12.1             INTRODUCTION SERVICE

Vaccancy is a medium that facilitates the introduction of Candidates and Employers for the purposes of making arrangements to fulfil requests for products and services. Vaccancy simply collects the Fees in consideration for providing the introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, the Candidates and Employers in relation to such requests or any other claims otherwise resulting from the introduction.

12.2             LIMITATION OF LIABILITY

To the maximum extent permitted by law, Vaccancy’s liability for all claims in aggregate (whether those claims be for breach of contract, negligence or otherwise, and whether those claims are for economic loss, or for personal injury or other damage) arising under or in connection with this Employer Agreement:

(a)      is totally excluded, to the extent it concerns liability for indirect, special and consequential damages, and damages (whether direct or indirect) reflecting loss of revenue, loss of profits and loss of goodwill (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)); and

(b)      is limited, insofar as concerns other liability, to the total money paid to Vaccancy under this Agreement as at the date the event giving rise to the relevant liability occurred (or, where there are multiple events, the date of the first such event).

Nothing in this agreement is intended to limit the operation of the Competition and Consumer Act 2010 (Cth).

12.3             WARRANTIES

(a)      To the maximum extent permitted by applicable law, all express or implied representations and warranties (whether relating to fitness for purpose or performance, or otherwise) not expressly stated in this Agreement or a Employer Form are excluded.

(b)      Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee which may not lawfully be excluded, then, to the maximum extent permitted by applicable law, Vaccancy’s liability for breach of that non-excludable condition, warranty or guarantee will, at Vaccancy’s option, be limited to:

(i)                  in the case of goods, their replacement or the supply of equivalent goods or their repair; and

(ii)                 in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.

(c) Vaccancy will not provides warranty to you that services generally available through the Site 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 Site.

(d) Vaccancy accepts no responsibility or liability for any errors in your advertisements and its your responsibilty to check your advertisements for errors as soon as they are placed on the Site.

12.4             INDEMNITY

The Employer agrees to indemnify Vaccancy and its employees and agents in respect of all liability for loss, damage or injury that may be suffered by any person arising from the Employer’s provision of the Employer Services.

12.5.            Changes to the Site

Vaccancy reserves the right at all times without the need to have to provide any notice to you, to update the functionality and/or appearance of any products and services available on the Site itself, including but not limited to advertisements on the Site and/or as they are represented on other communication devices. In doing so, Vaccancy will endeavour to consider exceptionally detrimental consequences such alterations may cause you.

13.               TERMINATION

13.1             TERMINATION FOR CONVENIENCE

Either party may terminate this agreement for convenience at any time by providing written notice to the other party.

13.2             TERMINATION FOR CAUSE

Vaccancy may terminate this agreement immediately by notice to the Employer if:

(a)      the Employer is in default or breach of this agreement;

(b)      Vaccancy determines that the Employer Services provided are not of a satisfactory standard;

(c)      the Employer is convicted of a criminal offence involving fraud or dishonesty or an offence which, in the opinion of Vaccancy, affects the Employer’s obligations under this agreement;

(d)      the Employer conducts themselves in a way tending to bring them or Vaccancy into disrepute; or

(e)      the Employer has a conflict of interest that cannot be resolved to the satisfaction of Vaccancy.

13.3             EFFECT OF TERMINATION

Upon termination of this agreement the Employer must immediately deliver to Vaccancy all property belonging to Vaccancy and materials comprising or containing any:

(a)                 Confidential Information;

(b)                 any New Material or any other Material in which Vaccancy has any Intellectual Property Rights; or

(c)                 any other property of Vaccancy, which is in the Employer’s power, possession or control, and the Employer must thereafter destroy any copies the Employer has of such property.

13.4             SURVIVAL

Upon termination of this agreement, any clause that by its nature would reasonably be expected to be performed after the termination of this agreement will survive termination.

14.               DISPUTE RESOLUTION

(a)      The parties must, without delay and in good faith, attempt to resolve any dispute which arises out of or in connection with this agreement prior to commencing any proceedings.

(b)      If a party requires resolution of a dispute, it must immediately submit full details of the dispute to the authorised representative of the other party or, if the party is an individual, that individual.

(c)      The parties acknowledge that compliance with this clause 15 is a condition precedent to any entitlement to claim relief or remedy, whether by way of proceedings in a court of law or otherwise in respect of such disputes, except:

(i)       in the case of applications for urgent interlocutory relief; or

(ii)      a breach by another party of this clause 15.

15.               GENERAL

15.1             GOVERNING LAW

This agreement is governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement.

15.2             ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior consent of each other party (such consent not to be unreasonably withheld).

15.3             AMENDMENTS

This agreement may only be amended by a document signed by each party.

15.4             WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

15.5             ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

16.               DEFINITIONS

In addition to capitalised terms defined in the Key Agreement Details above, capitalised terms used in this agreement will have the following meanings:

Term Meaning
Business Day means a day (other than a Saturday, Sunday or any other day which is a public holiday) on which banks are open for general business in Melbourne, Victoria.
Confidential Information means information of or provided by Vaccancy to the Employer that is by its nature confidential information, is designated by the Employer as confidential, or the Employer knows or ought to know is confidential, but does not include information which is or becomes, without a breach of confidentiality, public knowledge.
Existing Material means Material, other than New Material.
Intellectual Property Rights means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.
Material means tangible and intangible information, documents, reports, software (including source and object code), inventions, data and other materials in any media whatsoever.
Moral Rights means the moral rights granted under the Copyright Act 1968 (Cth), and any similar rights existing under foreign laws.
Moral Rights Consent means a waiver of Moral Rights to the extent permitted by law and an unconditional consent to any act or omission in relation to the New Material or Existing Material by or on behalf of Vaccancy, its personnel, any licensee or its successors or assigns.
New Material means Material that is created, written, developed or otherwise brought into existence by or on behalf of the Employer in the course of providing the Employer Services.
Personnel means, in relation to a party, their employees, contractors, agents and officers.