Terms and conditions must be accepted by users before browsing or using the information and services available through the Ozstarter website (“Site”). By accessing or using the Site, you agree to be bound by the terms and conditions below. Ozstarter may modify this agreement at any time, and such modifications shall be effective immediately upon posting the modified agreement on the Site.

 

Copyright in the material and trademarks on this Site are owned by ABN: unless otherwise indicated and you agree not to infringe any intellectual property rights owned by Ozstarter.

 

All the information contained on this Site is for your personal use that can not be sold, redistributed or used for any commercial purpose. 

 

• You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Site including code and software. You must not use this Site for any purpose that is unlawful or prohibited by these terms of use. 

 

• You may not use data mining, robots, screen scraping, or similar automated data gathering, extraction or publication tools on this Site (including without limitation for the purposes of establishing, maintaining, advancing or reproducing information contained on our Site on your own website or in any other publication), except with Our prior written consent.

 

You acknowledge and agree that information published by Ozstarter is intended to provide general information in summary form on market insights, legal and other issues. Ozstarter does not warrant the accuracy or completeness of such information.

 

It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Site or on the Internet generally. In no event will Ozstarter be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any information contained on or omitted from the Site.

 

Ozstarter gives no guarantee to you of the continued availability of any particular job advertised on the Site and will not be liable to you should an advertiser have filled the vacancy at any time prior to removal of the advertisement from the Site.

Whilst Ozstarter takes efforts to ensure that jobs advertised are for actual job vacancies, it gives no guarantee to you that every job advertisement represents an actual job vacancy.

 

Ozstarter provides links and pointers to Internet sites maintained by third parties from its Site. Such linked sites are not under the control of Ozstarter and Ozstarter is not responsible for the contents (including the accuracy, legality or decency) of any linked site or any link contained in a linked site. Ozstarter is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Ozstarter of the linked site. Ozstarter is not responsible for the copyright compliance of any linked site. Ozstarter will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party.

 

While Ozstarter  takes all due care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the Internet or while stored on Ozstarter systems or on Ozstarter’s Site. Ozstarter disclaims all liability to you to the greatest extent possible pursuant to law should this occur.

 

To become a registered user, you must provide a password and a login name. You are entirely responsible if you do not maintain the confidentiality of your password and login name. Furthermore, you are entirely responsible for any and all activities that occur under your login name. You may change your password at any time by following instructions. You may also change your login by contacting customer service. You may also delete services attached to your registration at your convenience.

You agree to immediately notify Ozstarter of any unauthorized use of your login name or any other breach of security known to you.

 

You agree that it is a condition on your use of the Ozstarter Site and of any other services provided by Ozstarter or through the Site that you will not through any act or omission (including but not limited to creating a profile on the Ozstarter Site) mislead or deceive others.

 

Terms of use for Advertiser

 

These terms and conditions are used to all Advertisers that:

• have placed an advertisement (the relevant ad) on ozstarter website
• have accessed the Advertiser Centre via ozstarter website
• have been advised that applications submitted in respect of the position advertised in the relevant ad will be stored on your behalf 

 

Your access to and use of the information, materials and services provided on this Site is conditional upon your acceptance and compliance with the Terms.

Depending on what level of service you choose, there may be other terms that govern your relationship with Ozstarter in conjunction with these Terms.

 

Your continued use of this Site will be deemed as acceptance of these Terms by you.

 

Ozstarter may vary these Terms at any time. If Ozstarter varies these Terms, it will provide notice by publishing the varied Terms on the Site.

 

For Payment

All amounts owing to Ozstarter must be paid within 14 days of the date of invoice.

You are obliged to pay for the services that Ozstarter agrees to provide you with regardless of whether you utilise or fully utilise those services. If you do not provide Ozstarter with the necessary materials or information for Ozstarter to deliver these services to you, you are still liable to Ozstarter for full payment.

 

Ozstarter may charge you interest on late payments at its applicable bank interest rate plus any costs we incur as a result of collecting your payment.

 

If you do not pay your account on time Ozstarter may disable your account without notice and refuse to supply further services to you.

 

You agree that pursuant to the Privacy Act 1988 (Cth), Ozstarter may obtain from either a credit reporting agency or other credit providers personal credit information about you and/or your directors or a consumer credit report about you for the purpose of collecting overdue payments relating to commercial credit owed by you.

You agree that Ozstarter may disclose this information to a credit reporting agency or interested persons as reasonably necessary.

 

Ozstarter provides no 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.

 

In the case of goods or services supplied or offered via the Site, liability for breach of an implied term which cannot be excluded by legislation, is limited at our option to either, the supply of the goods or services (or the equivalent goods or services) again or the payment of the cost of having the goods or services supplied again.

Our limitation of liability under these Terms applies to direct, indirect, consequential, special, punitive or other damages that you or others may suffer, as well as damages for loss of profit, business interruption or the loss of data or information, even if we are informed of their possibility.

Ozstarter accepts no responsibility or liability for any errors in your advertisements and you must check your advertisements for errors as soon as they are placed on the Site.

Ozstarter agrees to use reasonable efforts to publish advertisements in the shortest possible time.

Ozstarter cannot and does not guarantee or warrant to the you that files available for downloading through the Site or delivered via electronic mail through the Site, or features and products available through the Site, will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

Ozstarter acts as a medium through which individuals seek employment opportunities. Ozstarter does not vet, nor is it responsible for vetting, candidates or the representations made by them whether oral or in writing – including those representations appearing in candidates‘ resumes.

 

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

 

Any “personal information” (within the meaning of the Privacy Act 1988 (Cth)) of any candidate that you obtain through your use of the Site or any features of the Site or products offered on the Site (including job applications received from candidates) must only be used by you in relation to your genuine employment and/or recruitment activities.

Selling or offering services or products (such as learning or educational courses or tools) to candidates whose personal information you have obtained through your use of the Site (including job applications received from candidates) is considered by Ozstarter to be a misuse of candidate data, and is prohibited.

You may not under any circumstances provide any candidate personal information you have obtained through your use of the Site (including job applications received from candidates) to any other party, including to any affiliate or related party of yours (unless Ozstarter has otherwise consented to this). This restriction on forwarding personal information applies irrespective of whether you receive direct financial benefit for doing so.

Ozstarter takes its obligations under the Privacy Act 1988 (Cth) extremely seriously, and is resolute in its determination to prevent the misuse of candidate data. If Ozstarter believes that you have misused candidate data for any reason, Ozstarter reserves the right to: immediately suspend or terminate your account, and/or suspend or terminate the account of any party that has received candidate personal information from you in breach of these Terms;

report any potential contraventions of the Privacy Act 1988 (Cth) by you to the relevant authorities, including the Office of the Australian Information Commissioner; and/or

take legal action against you seeking any number of remedies provided by law, including the award of monetary damages.

 

You must ensure that all advertisements posted to the Site comply with all applicable legislation, regulations, by-laws, ordinances and codes of conduct, including but not limited to the:

Competition and Consumer Act 2010 (Cth) including but not limited to Stack 31 of Schedule 2 which requires that if you are a company you must not mislead persons seeking employment as to the availability, nature, terms or conditions or, any other matter relating to the employment opportunity being offered;

Fair Trading Act’s in all applicable States and Territories;

Privacy Act 1988 (Cth) including the Australian Privacy Principles;

Estate Agent Acts in all applicable States and Territories; and

Human Rights and Equal Opportunity Commission Act 1986 (Cth); and

all anti-discrimination and equal opportunity legislation applicable in the State or Territory in which you do business.

All applications for job ads posted on Ozstarter must not by any means disregard or preclude applications submitted via Ozstarter, including by wording to that effect within the job ad itself.

within the details of a job ad (including from the apply functions);

from within Ozstarter’s job application process;

within or from a previously approved externally hosted application form; or

within any communications with a candidate via Talent Search.

You are not permitted to promote or refer to brands other than those associated with your business, (or a business operated by a related party to you):

within the details of a job ad (including from the apply functions);

from within Ozstarter’s job application process;

within or from a previously approved externally hosted application form; or

within an employer/company profile; or

within any communications with a candidate via Talent Search.

You may only post Advertisements to the Site that are in respect of a genuine, paid employment opportunity that is current as at the time of posting the Advertisement, and for which you are currently recruiting. Ozstarter reserves the right to request any information from you that it deems necessary to verify that a genuine, paid employment opportunity exists.

Ozstarter reserves the right to reject advertisements for positions located outside of Australia.

You must ensure that advertisements posted to the Site are posted to the appropriate category of the Site. It is your responsibility to ensure that you familiarise yourself with the advertising requirements of each available category on the Site to ensure appropriate placement of advertisements.

Advertisers acknowledge and agree that they must only advertise one job role per job advertisement posted on to the Ozstarter Site. Where Advertisers have breached this obligation and have advertised multiple job roles in the one job advertisement, Ozstarter reserves the right to charge the Advertiser for the number of job roles advertised in the one job advertisement posted on to the Ozstarter Site.

Advertisers must ensure that all information entered into any data entry field, as part of the advertisement classification process, relates directly to the relevant data field category. Ozstarter reserves the right to amend, alter or remove any information that does not meet this requirement.

Ozstarter reserves the right and Advertisers must accept as a condition of advertising on the Site,Ozstarter’s right to re-classify advertisements posted to the Site, entitling Ozstarter to withdraw advertisements from one category of its Site and to re-publish advertisements in another category on the Site.

Standard job advertisements are valid for 30 days, although you can choose to expire the advertisement earlier.

The following actions constitute a new/additional job advertisement:

copying a job advertisement;

reposting an archived or deleted job advertisement;

extending a job advertisement (“Extending”) which adds 30 days to the life of the advertisement unless you choose to expire the advertisement earlier and this can occur on multiple occasions;

changing a zone classification and refreshing any job posting. Refreshing is the process of deleting and re-posting the same or substantially similar job advertisement;

posting advertisements on Ozstarter via a bulk data import process or changing a job advertisement reference number. If you are using a bulk data import process, you must ensure that you understand the effect bulk data importing may have on Extending advertisements as Ozstarter will count all new/additional job advertisements against your account and will invoice you accordingly.

Changes to job advertisement body copy and advertisement title or location, work type, classification and sub-classification categories do not constitute a new job advertisement, regardless of the method used to post the advertisement.

 

At the time of collection of a candidate’s personal information (whether from a candidate or from Ozstarter), or as soon as practicable thereafter, you warrant to Ozstarter that you will:

advise the candidate (by way of notice in writing) that any personal information you collect about them will be held, used and disclosed in accordance with your privacy policy; and

make a copy of your privacy policy available to the candidate.

From time to time Ozstarter receives requests from candidates regarding personal information collected by Advertisers. Where Ozstarter receives such a request from a candidate whose personal information you have received, we will pass such request on to you. You warrant to Ozstarter that whenever such request is provided to you, you will promptly and meaningfully respond to such request and will confirm such compliance to us.

You agree to indemnify and hold Ozstarter harmless against any loss or damage whatsoever that Ozstarter may incur, including but not limited to any civil penalties which may be imposed, as a result of:

a failure by you to comply with clauses 55 and 56;

a breach of the Privacy Act 1988 (Cth) or the Australian Privacy Principles by you; or

any indirect contravention of the Privacy Act 1988 (Cth) or the Australian Privacy Principles by Ozstarter caused by your non-compliance.

 

Except for information that is ‘personal information’ (as that term is defined in the Privacy Act 1988 (Cth)), all data stored on the Site on behalf of the Advertiser (Advertiser Data), such as candidate applications, is owned by the Advertiser, and not Ozstarter. For the avoidance of doubt, the use of personal information of candidates by Ozstarter and/or the Advertiser is governed by the Privacy Act 1988 (Cth) and the terms of the relevant privacy policy of Ozstarter and/or the Advertiser.

the Advertiser hereby grants to Ozstarter and Ozstarter’s related parties a perpetual, non-exclusive, irrevocable licence to use any Advertiser Data, to:

manage internal reporting requirements;

collate statistical information about use of the Site and submission of online applications;

analyse user behaviour on the Site;

obtain and analyse high level trends and prepare reports relating thereto; and

generally improve the candidate user experience and/or the Advertiser user experience.

Ozstarter may use any data relating to the Advertiser’s use of, or engagement with the Site and/or the Advertiser’s use of Ozstarter’s products and services (Ancillary Data) for any purpose it sees fit, unless such Ancillary Data would reasonably be considered confidential in nature. Ozstarter may disclose Ancillary Data to its related parties.

Ozstarter reserves the right to terminate your agreement with Ozstarter if you post any advertisement or utilise any feature of the Site or Ozstarter Product in any way which is in breach of any of these Terms or the Product Terms.

Ozstarter reserves the right to, in its absolute discretion (acting reasonably), reject, edit or remove any advertisement from the Site for any reason.

Termination of our agreement with you as a result of you breaching any one or more of these Terms, will not end provisions of these Terms that are capable of surviving termination.