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Company Profiles Terms and Conditions

About these Terms

  1. These terms and conditions (“Terms”) govern all Organisations (defined as “you” and “your”) that have a Company Profiles page (your “Company Profiles Page”) on www.seek.com.au (the “Site”). Organisation means the business represented on your Company Profiles Page, whether or not the business is a legal entity or in your personal capacity as a sole trader.
  2. The Site and each Company Profiles Page are owned and operated by SEEK Limited (ABN 46 080 075 314) defined as (“SEEK”, “we”, “us” and “our”).
  3. You authorise and agree for SEEK to generate a Company Profiles Page (as described below) on your Organisation’s behalf.
  4. SEEK may vary these Terms at any time. If SEEK varies these Terms, we will provide notice by publishing the varied Terms on the Site. You accept that by doing this, SEEK has provided you with sufficient notice of the variation to its Terms. You will be notified of any material changes to the Terms which may be reasonably detrimental to you, 5 days prior to them taking effect.

Published content

  1. Content and information on your Company Profiles Page may take the form of postings, messages, text, files, videos, images, photos, links to third party websites or other types of content (“Content”).
  2. Content for a Company Profiles Page may be:
    1. submitted by you to SEEK for publication on your Company Profiles Page, including but not limited to information about your Organisation (for example, your company overview, culture and values); or
    2. sourced by SEEK for your Company Profiles Page from your Organisation’s public webpage (Organisation Site).
  3. You authorise the publication of Content, however so collected by SEEK, on your Company Profiles Page.
  4. It is not SEEK’s responsibility to ensure that the Content on your Company Profiles Page is current or accurate at all times. SEEK will not monitor changes or updates to your Organisation Site. You agree that you are solely responsible for any Content you submit to SEEK and any Content that we source from your Organisation Site. You must check your Content for errors or inaccuracy as soon as they are placed on your Company Profiles Page.
  5. You may make amendments to your Company Profiles Page at any time by contacting your dedicated SEEK Account Manager and we will make those amendments on your behalf as soon as reasonably practicable.
  6. SEEK will only publish Content that meets the standards required by SEEK for publication. These standards preclude any Content that is, or may in our opinion be, factually incorrect, unlawful, harassing, threatening, harmful, tortious, defamatory, libellous, abusive, violent, obscene, invasive of another’s privacy, racially or ethnically offensive or otherwise in our opinion objectionable or damaging to SEEK, used without consent or in breach of third party rights, incentivised by third parties, contain poor grammar, reference illegal activities, or any form of submission that in SEEK’s absolute discretion is deemed unhelpful to, or not in the spirit of, helping users.
  7. Any Content submitted by you will be moderated to ensure it meets SEEK’s standards. SEEK does not fact check Content to verify its accuracy and SEEK does not endorse any Content submitted.
  8. You acknowledge and agree that:
    1. we may, at our absolute discretion, modify or suspend your Company Profiles Page at any time and without notice if the Content does not meet the standards required by SEEK for publication;
    2. we reserve the right to remove any Company Profiles Page at any time and without notice, including all, or part of, the Content;
    3. SEEK has no obligation to provide you with any reporting data, insights or information regarding the performance of your Company Profiles Page; and
    4. SEEK has no obligation to store, maintain or provide you a copy of any the Content or Reviews, except to the extent required by applicable laws.
  9. You may request SEEK to remove your Company Profiles Page by contacting your dedicated SEEK Account Manager. If your Company Profiles Page is removed, all your published roles that are published on the Site by SEEK on your behalf (“Listings”) will also be removed across SEEK’s platform.

Intellectual property

  1. SEEK does not claim ownership in any Content that you submit or Content that we source from your Organisation Site, but to be able to legally publish this Content, we must have certain rights to use such Content in connection with our Site. By agreeing for us to generate a Company Profiles Page for your Organisation, you grant SEEK and SEEK’s related parties an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, perform, display, create derivative works of, and distribute such Content in any and all media (now known or later developed) throughout the world.
  2. You warrant that:
    1. all Content on your Company Profiles Page is either original work and not covered by any copyright or similar restrictions or that you otherwise have the right to submit the Content and grant the licence referred to in clause 14;
    2. you will only upload or submit Content that is truthful and does not infringe anyone else’s rights, including intellectual property rights; and
    3. all Content that we source from your Organisation Site is truthful and does not infringe anyone else’s rights, including intellectual property rights.
  3. No compensation will be paid with respect to the Content published on your Company Profiles Page.
  4. SEEK does not commit in any way to using any Content submitted or any feedback that you provide to SEEK. We will determine whether to use any element of the Content or feedback at our sole discretion for any purpose without compensation to you.

Your obligations

  1. You warrant and agree that:
    1. you have the legal capacity and power to agree to be bound by these Terms and perform the obligations under them;
    2. you will comply with the Content Guidelines available here if you are submitting Content to SEEK for publication on your Company Profiles Page;
    3. all files and data submitted to SEEK will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties;
    4. you will not promote or refer to brands other than those associated with your Organisation (unless approved in writing by SEEK);
    5. you will not use your Company Profiles Page or any features of your Company Profiles Page to upload, download, transact, store or make available data that is unlawful, harassing, threatening, harmful, tortious, defamatory, libellous, abusive, violent, obscene, invasive of another’s privacy, racially or ethnically offensive or otherwise in our opinion objectionable or damaging to SEEK, the Company Profiles feature, users or persons generally; and
    6. you will not use your Company Profiles Page or the data contained within it for any illegal purpose.
  2. Except as otherwise permitted under these Terms, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any Content from the Company Profiles Page including code and software.

Jobs

  1. SEEK may publish any or all of your Organisation’s job advertisements listed on the Site on your Company Profiles Page under the “Jobs” tab (“Jobs”). For each Job that is listed on the Site and on your Company Profiles Page, either for payment or for free (including Listings), you agree that the Advertising Terms of Use will apply to you.

Reviews

  1. Users of the Site are able to post reviews providing feedback about their experiences at your Organisation (“Reviews”). Any Reviews submitted by an individual on your Company Profiles Page must comply with our community guidelines. Submitted Reviews will be moderated to ensure it meets SEEK’s standards. SEEK does not fact check each Review to verify its accuracy and SEEK does not endorse any Review submitted. Permitted Reviews are published on an ‘as is’ basis without being edited by SEEK.
  2. Unless SEEK is compelled by a relevant law or court order, the details of the reviewer will be kept anonymous and will not be released to any third party.
  3. You will not be able to edit or delete any Reviews. If you or a user of the Site considers that a Review on your Company Profiles Page should not be displayed, you may flag the Review as inappropriate. Flagged Reviews will be re-reviewed by SEEK. Reviews that do not meet the community guidelines will be removed at SEEK’s absolute discretion. The decision by SEEK of such re-review is final.
  4. The ‘flag as inappropriate’ function should only be used where you genuinely and reasonably believe a Review should not be displayed having regard to the purpose of the Company Profiles feature. Abuse of this function may result in SEEK removing or suspending your Company Profiles Page.

Limitation of liability, disclaimer and indemnity

  1. You indemnify and will keep indemnified SEEK, its officers, employees and agents against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by SEEK arising out of your Company Profiles Page and in connection with:
    1. any breach of these Terms by you;
    2. any infringement of third party’s intellectual property rights;
    3. the Content of your Company Profiles Page; or
    4. any negligent act or omission by you.
  2. SEEK provides no warranty to you that services generally available through the Site or your Company Profiles Page will be uninterrupted or error free. SEEK assumes no responsibility, and disclaims all liability for the accuracy, completeness, legality, reliability, or availability of any Content on the Company Profiles Pages including Jobs and Reviews. 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 Company Profiles Page.
  3. In the case of goods or services supplied or offered via the Site or your Company Profiles Page, SEEK’s liability for breach of a term (whether implied or otherwise) which cannot be excluded by legislation, is limited at our option to the supply of the goods or services (or the equivalent goods or services) again.
  4. 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 the possibility that such losses may be incurred.

General terms

  1. These Terms are governed by the laws of Victoria. You irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of Victoria and waive any objection to legal action being brought in those Courts on the grounds of venue or inconvenient forum.

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