CANDIDATE AND ADVERTISER TERMS AND CONDITIONS
FOR CMLNET, CAREERS MULTILIST SOFTWARE
AND THE WEBSITE
- Background
Careers MultiList grants candidates and advertisers certain rights to search, add and modify advertising material on the website and CMLnet in accordance with these terms and conditions.
- Definitions & interpretation
Words in italics are references to legislation or have the meaning set out at the end of these terms and conditions, in term 26. Term 26 sets out the meaning of certain phrases used in these terms and conditions.
- Career Managers
- The employment agency may appoint Careers MultiList to manage candidate data on behalf of the employment agency.
- Candidate data may be uploaded from the employment agency to Careers MultiList’s systems from time to time.
- The candidate may also visit the website independently of an employment agency.
- The candidate may add personal data (to their profiles) or may modify existing data.
- At the candidate’s request, the Careers MultiList will allocate a career manager to each candidate. The candidate will be able to change career managers at the candidate’s absolute discretion. If a candidate does not allocate a career manager, Careers MultiList may allocate a career manager on behalf of the candidate.
- Careers MultiList does not guarantee to retain any number of candidates for a career manager or the employment agency to which the careers manager is attached.
- Review Of Advertisements
- Careers MultiList may review advertisements prior to publication. Careers MultiList reserves the right to withdraw without notice to the advertiser any advertisement that breaches of these terms and conditions or any law or regulation.
- Careers MultiList reserves the right to, in its absolute discretion (acting reasonably), reject or remove any advertisement from the website or CMLnet for any reason.
- Careers MultiList may, at its discretion and without recourse modify or withhold any material submitted by the advertiser for advertising.
- If in Careers MultiList’s reasonable opinion any advertisement is likely to put the advertiser in breach of these terms then Careers MultiList may without prejudice remove that advertisement and any related information.
- The advertiser represents, warrants and undertakes that each advertisement:
- will not contain material which infringes the copyright, trade mark rights, moral rights or any other intellectual property rights of any third party.
- will comply with all applicable legislation appropriate to any country to which the posting is targeted to and relating to employment including without limiting legislation regarding unlawful discrimination on the grounds of sex, racial or disability discrimination.
- will not contain obscene or indecent or other unlawful material.
- will not contain any defamatory material.
- will not contain any other material, which is likely to harm the reputation of Careers MultiList or the website.
- will not contain any virus.
- will only advertise within the advertiser’s own business and authority.
- Careers MultiList will immediately remove any vacancies that it considers are not compliant with any Commonwealth, State or Territory laws including vacancies that are likely to mislead persons seeking employment as to the availability, nature, terms or conditions of, or any other mater relating to the employment, in accordance with section 53B of the Trade Practices Act 1974 and Fair Trading Acts in all states and territories.
- Careers MultiList has the right to:
- decide what information is displayed on the website, and CMLnet.
- remove any information which does not meet the conditions of use or does not comply with relevant laws; and
- gather and use the information from the candidate and the advertiser of the website, CMLnet and Careers MultiList software to help improve and develop the website, CMLnet and Careers MultiList software.
- Categories
- The advertiser must ensure that advertisements posted to the website are posted to the appropriate category of the website and the onus is on the advertiser to ensure that it is familiar with the advertising requirements of each available category on the website to ensure appropriate placement of advertisements.
- Careers MultiList reserves the right and the advertiser must accept as a condition of advertising on the website, Careers MultiList’s right to re-classify advertisements posted to the website, entitling Careers MultiList to withdraw advertisements from one category of its website and to re-publish advertisements in another category on the website.
- Accuracy of Advertisements
Careers MultiList makes every effort to avoid errors in advertisements it has agreed to post to the website, or CMLnet. However, Careers MultiList accepts no responsibility for any errors and requires that the advertiser check its advertisements for errors as soon as they are placed on the website or CMLnet. All reasonable efforts will be undertaken by Careers MultiList to edit errors brought to Careers MultiList ’s attention as soon as reasonably possible.
- Timeliness
- Careers MultiList agrees to use reasonable efforts to publish advertisements in the shortest possible time. Careers MultiList is not liable for any loss or damage incurred by a candidate or advertiser as a result of any failure or delay in listing a advertisement.
- Careers MultiList will use its best endeavours to promote and ensure that CMLnet, Careers MultiList software, and the website are available to the candidate and advertiser when the candidate and advertiser require it. However, Careers MultiList cannot guarantee that there will be no interruptions when the candidate and advertiser are using the website, CMLnet or Careers MultiList software.
- Security
- Careers MultiList endeavours to perform the services that it promotes to the candidate and advertiser on the website, CMLnet, and Careers MultiList software and to provide a secure environment to do so.
- However, Careers MultiList does not guarantee or warrant to the candidate and advertiser that files available for downloading through the website, CMLnet or Careers MultiList software or delivered via electronic mail through the website, will be free of infection or viruses, worms, trojan horses or other code that manifest contaminating or destructive properties. The candidate and the advertiser are responsible for implementing sufficient procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output, and for maintaining a means external to the website for the reconstruction of any lost data.
- Careers MultiList endeavours to provide a secure internet environment, but makes no warranty that websites linked from the website, or CMLnet are secure.
- Warranties
- The candidate and advertiser warrant and undertake that:
- it has the legal capacity and power to agree to these terms and conditions and perform its obligations under them;
- it will not use the website, CMLnet or Careers MultiList software for any illegal purpose;
- it will ensure information posted to the website or CMLnet is accurate, truthful and error free;
- it will ensure advertisements and information posted to the website or CMLnet does not breach the confidentiality, intellectual property rights or privacy of any third party.
- all files posted to the website or CMLnet are free of viruses, infection and other destructive codes.
- it will at all times abide by all applicable laws whilst using the website, CMLnet or Careers MultiList software and/or information pertaining to the website, CMLnet or Careers MultiList software .
- it will not attempt to charge a fee to any third party for any service or information provided by the website or CMLnet unless Careers MultiList has provided permission to do so in writing.
- it will not use the website, CMLnet or Careers MultiList software or information from the website, CMLnet or Careers MultiList software in any manner not intended under these terms and conditions. Such prohibited uses include but are not limited to sending of unsolicited emails, making representations and making commercial presentations.
- it will not use or forward a candidate’s details or resume to a third party without the express permission in writing of both the candidate and Careers MultiList.
- The candidate and the advertiser agree that information contained on the website, CMLnet and in Careers MultiList software is for personal use only and may not be sold, redistributed or used for any commercial purpose (this includes but is not limited to the use of candidate and advertiser contact details for unsolicited commercial correspondence). The candidate and the advertiser may download material from the website or CMLnet for their personal, non-commercial use only, provided they keep intact all copyright and other proprietary notices.
- The candidate and the advertiser may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the website, CMLnet or Careers MultiList software, including code and software.
- The candidate and the advertiser may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on the website, CMLnet or Careers MultiList software for establishing, maintaining, advancing or reproducing information contained on the website, CMLnet or Careers MultiList software on their own website or in any other publication, except with Careers MultiList’s prior written consent.
- Indemnity
- The candidate and the advertiser indemnify and will keep indemnified Careers MultiList, its officers, employees and agents against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by Careers MultiList in connection with:
- any breach of these terms and conditions by the candidate or advertiser;
- any negligent act or omission by the candidate or advertiser;
- the listing or proposed listing of any advertisement by a candidate or advertiser on the website or CMLnet or any related website; or
- an actual or alleged breach by a candidate or advertiser of any law, legislation, regulations, by-laws, ordinances or codes of conduct which occurs as a consequence of the advertiser’s advertisement appearing on the website or CMLnet.
- Unsolicited Emails
The candidate and advertiser agree not to use any feature of the website, CMLnet or Careers MultiList software to send unsolicited commercial email to candidates, whether individually or as a group. Candidate management tools may only be used to communicate with candidates about the specific vacancy to which they have applied. Resume database tools may only be used to communicate with candidates about specific vacancies which match the candidate and advertiser preferences.
- Links
The candidate and advertiser are not permitted to insert links to an external website within the details of an advertisement or link from Careers MultiList’s job application process to any external websites or externally hosted application forms without Careers MultiList’s express written approval.
- No Vetting
The advertiser acknowledges and agrees that Careers MultiList acts as a medium through which candidates seek employment opportunities and that Careers MultiList does not vet nor is it responsible for vetting candidates or the representations (whether oral or in writing – including those representations appearing in candidates resumes appearing on Careers MultiList’s resume database) made by them. Careers MultiList disclaims all liability for any loss, costs, damages or loss of profits sustained as a consequence of any advertiser employing or engaging any person sourced through the website.
- Candidate Database
- Access to the candidate resume database is available only to Careers MultiList advertisers who have been approved for resume search capabilities.
- The advertiser may access and use the information stored on the candidate resume database solely for the purpose of identifying candidates whose work preferences for location, work type, industry and occupation match the advertiser’s current advertisements with Careers MultiList. Advertisers must not use or forward a candidate’s resume without their permission.
- Amendments
Careers MultiList reserves the right at all times without the need to provide any notice to the candidate or advertiser, to alter the functionality and appearance of its products and services available from the website, CMLnet or Careers MultiList software, where Careers MultiList believes changes are required in order to promote a consistent experience for candidates using the website, CMLnet or Careers MultiList software or to enable Careers MultiList to provide a more relevant ranking of advertisements appearing on the website or CMLnet for candidates, including but not limited to the appearance of advertisements appearing on the website or CMLnet.
- Public Release of Information
The candidate or the advertiser must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to Careers MultiList without Careers MultiList’s prior written approval.
- Complaints about Advertisements
If Careers MultiList receives a complaint about an advertisement the advertiser has lodged, Careers MultiList may remove the advertisement from the website or CMLnet. If Careers MultiList finds that the advertisement does not comply with these terms and conditions, the advertiser be denied future access to the website, CMLnet and Careers MultiList software.
- Monitoring
By using the website, CMLnet and Careers MultiList software, the candidate and advertiser consent to Careers MultiList’s monitoring. This may include recording the candidate’s and advertiser’s domain name, server, address and the pages viewed by the candidate and advertiser . If the candidate and advertiser have requested access to a secure part of the website, CMLnet and Careers MultiList software, the candidate’s and advertiser’s candidate IDs will be recorded. If the candidate and advertiser send a message or submit a form, the candidate’s and advertiser’s email addresses will be recorded.
- Information on Website
Careers MultiList does not:
- endorse or recommend any of the advertisements, profiles or other information provided by way of advertising on the website or CMLnet;
- guarantee information provided on the website, CMLnet or in Careers MultiList software is accurate, up-to-date or reliable;
- attest to the accuracy of any advertising information appearing on the website or CMLnet;
- guarantee the availability of any particular job advertised on the website or CMLnet;
- guarantee the availability of any particular candidate advertised on the website or CMLnet;
- guarantee the services available through the website or CMLnet or Careers MultiList software will be uninterrupted or error-free;
- endorse, recommend or guarantee the contents of any websites linked to the website.
- Loss or Damage
- Careers MultiList will not be liable for any loss or damages arising in any way out of or in connection with or incidental to any information or service provided by any candidate and advertiser or other third party.
- Careers MultiList will not be liable for any decision made or action taken based on any information or advice appearing on or omitted from the website.
- Careers MultiList will not be liable for any failure of its obligations under these terms and conditions or for the failure any other part of its service provision if such a failure is beyond Careers MultiList ’s control.
- Copyright and Trade Marks
- Copyright in the material on the website is the sole property of Careers MultiList Limited ACN 098 952 277. The trade marks “Careers MultiList”, “CMLnet” and any other trade marks registered by Careers MultiList from time to time, are owned by Careers MultiList Limited ACN 098 952 277.
- The candidate and advertiser agree that Careers MultiList retains all intellectual property rights contained in any of the services provided to the candidate or advertiser by Careers MultiList.
- Assignment
- The candidate and advertiser can not assign any rights and obligations under these terms and conditions to any third party without Careers MultiList’s prior written approval (which will not be unreasonably withheld). If the candidate and advertiser is a company, any change in the candidate’s or advertiser’s effective control shall be deemed an assignment for the purpose of this term.
- Careers MultiList may assign its rights and obligations under these terms and conditions to a third party, without written approval of the candidate or advertiser .
- Termination
- Careers MultiList may deny a candidate or advertiser future access to the website, CMLnet or Careers MultiList Software effective immediately, in the event that the candidate or advertiser breaches a material term or condition.
- Term 23.1 will not end those provisions that are capable of surviving the ending of these terms and conditions.
- Independent Advice
Careers MultiList recommends that prior to agreeing to these terms and conditions or entering into any agreement with Careers MultiList or any of the advertisers, employers, or employment agencies, on the website, that the candidate and advertiser obtain their own independent professional, legal, accounting, financial and/or taxation advice.
- Law and jurisdiction
- Governing law
These terms and conditions are governed by the law in force in New South Wales.
- Definitions and interpretation
- In these terms and conditions, unless otherwise indicated, these terms mean:
Advertiser – anyone apart from Careers MultiList, posting information on the website.
Candidate – anyone who has logged onto the website, CMLnet or is using Careers MultiList software, to seek employment opportunities.
Career Manager – a person either working alone or employed by an employment agency who aims to secure employment for candidates and/or fill job vacancies for employers.
Careers MultiList software – software owned or licensed to Careers MultiList, and provided by Careers MultiList for use to the candidate or advertiser.
CMLnet – one of the technologies used by Careers MultiList as a medium for introducing job candidates to employers, both directly and via employment agencies.
Employment Agency – a person, sole trader, partnership, company or other entity that seeks to introduce candidates to employers, or a recruitment consultant.
Website – www.careersmultilist.com.au
- The following rules of interpretation apply unless the context requires otherwise:
- The singular includes the plural and conversely;
- a gender includes all genders;
- the reference to “person” includes a corporation.