Where used in these terms and conditions the following words bear the following meaning.
Access CV means a Talent Search Connection Method offered to an Advertiser in accordance with clause 3 below allowing it to obtain immediate access to a candidate’s CV and contact information.
Advertiser means any Person who places a Job Advertisement on the SEEK Website.
Ad Pack means a Job Advertisement contract between an Advertiser and SEEK which specifies an agreed quantity of Job Advertisements which can be posted by an Advertiser over a 6 month period on the Site.
Casual Advertiser means an Advertiser who does not have a contract with SEEK and as such purchases advertisements on a casual basis.
Classic Ad means the standard job advertisement which may be placed on the SEEK Website and contains no additional features.
Contract Advertiser means an Advertiser who purchases a Monthly Subscription or an Ad Pack allowing it to place an agreed number of Job Advertisements on the SEEK Website for an agreed fee.
Credit Packs or Premium Talent Search Credits Pack means an allotment of Talent Search Credits for use in Premium Talent Search purchased by an Advertiser in accordance with the terms outlined in section 'C' below.
Expiry Date means a date chosen by SEEK in accordance with clause 11 below.
Extended in relation to a Job Advertisement means a Job Advertisement that has the date on which its publication on the SEEK Website is due to expire extended by at least 30 days.
Job Advertisement means any time type of advertisement for a job vacancy posted on the SEEK Website including Classic Ads, StandOut Ads and Premium Ads.
Message means a Talent Search Connection Method offered to an Advertiser in accordance with clause 3 below allowing it to send an electronic message to a candidate from the candidate’s SEEK Profile Summary.
Monthly Subscription means a Job Advertisement contract between an Advertiser and SEEK which specifies an agreed quantity of Job Advertisements which can be posted by an Advertiser on the Site during a calendar month.
New Job Advertisement means
a Job Advertisement that is posted on the SEEK Website for the first time during the Offer Period; or
a Job Advertisement that is already posted on the SEEK Website during the Offer Period but during that period is Extended or Reclassified.
Offer Period means the period commencing August 2014 and ending on the Expiry Date.
OverAds mean Job Advertisements posted by a Contracted Advertiser beyond the limits specified in their Monthly Subscription.
Person includes natural persons, bodies corporate partnerships associations firms governments and governmental authorities and agencies.
Premium Ad means a StandOut Ad which for a period of 7 days is automatically placed in the top 2 positions on search results returned to a candidate on the SEEK Website for a given combination of data points under which the advertisement is searchable by candidates.
Premium Advertisers means a Contracted Advertiser who upgrades to Premium Talent Search.
Premium Offer Period means the period commencing 27 October 2014 and ending on the Expiry Date.
Premium Pack Advertisers has the meaning giving to it in clause 18 below.
Premium Talent Search means the premium Talent Search Product offered by SEEK which Premium Advertisers may elect to purchase.
Qualifying Job Advertisement means a New Job Advertisement posted on the SEEK Website during the Offer Period.
Reclassified means in relation to a Job Advertisement a Job Advertisement that prior to the date that its publication on the SEEK Website is due to expire has the data points under which it is searchable by candidates on the SEEK Website changed to include new data points in addition to the original data points under which it was classified.
SEEK means SEEK Limited ACN 080 075 314.
SEEK Profile means a profile of a candidate that provides personal information about that candidate that may include (amongst other things) the candidate's name, contact information and work history, and is available to Advertisers via the Talent Search Portal.
SEEK Profile Summary means the summary of a SEEK Profile that is visible by Advertisers in their Talent Search Portal and prior to purchasing a profile.
SEEK Website (and "Site") means the SEEK Australia website located at url: www.seek.com.au, and all co branded versions of that website.
Send Job means a Talent Search Connection Method offered to an Advertiser in accordance with clause 3 below allowing it to invite a candidate to apply for a particular Job Advertisement placed by that Advertiser by electronically sending that Job Advertisement to that candidate.
StandOut Ad means a job advertisement posted on the SEEK Website with the added feature of displaying an additional 3 selling points, advertiser logo and border, whenever the advertisement is returned to a candidate as part of search results.
Talent Search Connection Methods means the Access CV, Messages, and Send Job facilities which can be accessed by Advertisers with Talent Search Credits in accordance with clause 3 below.
Talent Search Credits means credits granted to an Advertiser in accordance with the terms below necessary to utilise the Talent Search Connection Methods.
Talent Search Portal means the website accessible to Advertisers who have placed a Qualifying Job Advertisement allowing them to access and search for SEEK Profiles and utilise the Talent Search Connection Methods.
Advertisers will be granted Talent Search Credits in respect of the following products:
Talent Search – Advertisers will be granted Talent Search Credits, on the terms outlined in section 'A' below, each time they post a Qualifying Job Advertisement;
Premium Talent Search – Premium Advertisers will be granted Talent Search Credits for use in Premium Talent Search for each Job Advertisement purchased on the terms outlined in section 'B' below; and
Credit Packs – Premium Pack Advertisers may purchase Premium Talent Search Credit Packs from SEEK for use in Premium Talent Search on the terms outlined in section 'C' below.
Talent Search
During the Offer Period SEEK will grant to Advertisers 1000 Talent Search Credits for each Qualifying Job Advertisement that the Advertiser places on the SEEK Website.
During the period that a Qualifying Job Advertisement is current on the SEEK Website, an Advertiser is entitled to apply the Talent Search Credits received in respect of that Qualifying Job Advertisement towards the use of any of the Talent Search Connection Methods but only in respect of the Qualifying Job Advertisement for which the relevant Talent Search Credits were granted.
The number of Talent Search Credits required to use of each Talent Search Connection Methods is as follows:
Send Job – 25 Talent Search Credits
Message – 50 Talent Search Credits
Access CV – 200 Talent Search Credits
SEEK reserves the right to change the number of Talent Search Credits required for the use of each (or any) of the Talent Search Connection Methods from time to time, in which case SEEK will provide Advertisers notice of such change by publishing notice of the change on the Talent Search Portal 30 days prior to the change.
Subject to the daily caps contained in clause 13, Advertisers will be able to utilise as many Talent Search Connection Methods as they wish during the Offer Period provided that the Qualifying Job Advertisement for which they received Talent Search Credits is live on the SEEK Website and they have sufficient Talent Search Credits.
Any Talent Search Credits not utilised by an Advertiser once the relevant Qualifying Job Advertisement has expired on the SEEK Website will immediately lapse. The Talent Search Connection Methods may only be used in respect of the relevant Qualifying Job Advertisement and are not transferrable:
from one Advertiser to another; or
from one Job Advertisement to another.
Access to all Talent Search Connection Methods by an Advertiser including any access that an Advertiser may gain to a candidate’s SEEK Profile is strictly in accordance with the SEEK Advertiser Terms of Use and the SEEK Product Terms and Conditions.
You acknowledge that you understand that:
a standard SEEK Profile is a SEEK Profile on the Site that once purchased, the candidate has consented to immediately releasing the attached resume; and
a limited SEEK Profile is a SEEK Profile on the Site that due to the candidate’s allocated privacy settings cannot be purchased
When you purchase a candidate's resume using the Access CV connection method, you acknowledge that the candidate will receive a notification from SEEK that you have viewed their SEEK Profile and that their resume has been purchased by and provided to you.
You agree:
that you will only use:
the candidate information provided to you pursuant to the use of the Talent Search Connection Methods; and
the Message function
for the purposes of the hiring process for the employment opportunity advertised in the Qualifying Job Advertisement for which you received Talent Search Credits; and
to at all times deal with any information provided through or accessed from the SEEK Website or candidates in a manner which abides by all applicable laws of Australia, or of any other relevant jurisdiction (including, without limitation, privacy and copyright laws).
SEEK may at any time following commencement of the Offer Period:
nominate a date as the Expiry Date in which case the Offer Period will automatically and without further notice expire at 4:30 p.m. Australian Eastern Time on that date; or
amend the terms of this offer from a nominated date and these offer terms will automatically and without further notice be deemed amended from 9:00 a.m. Australian Eastern Time on that date.
SEEK will publish notice of the Expiry Date or details of the alteration of the terms on the Talent Search Portal.
Any Advertisers who as at the expiration of the Offer Period have a Qualifying Job Advertisement live on the SEEK Website for which they have unused Talent Search Credits, will be able to access their unused Talent Search Credits until such time as the Qualifying Job Advertisement is no longer live on the SEEK Website or 30 days after the Expiry Date, whichever is sooner.
Advertisers’ use of the Talent Search Connection Methods will be capped as follows:
User Level Limits
Account Level Limits
Access CV
50 per user per day
600 per account per day
Message
50 per user per day
100 per user per day
Send Job
100 per user per day
1000 per user per day
For the purpose of this clause:
User Level Limits will apply to you if – you access your Talent Search Portal via the SEEK advertiser centre using your user ID provided to you by SEEK.
Account Level Limits will apply to you if – you access your Talent Search Portal via an Application Tracking System (ATS).
Premium Talent Search Terms and ConditionsIn order to access Premium Talent Search, Contracted Advertisers may upgrade to Premium Talent Search and eligible Advertisers may purchase Talent Search Credits via a Premium Talent Search Credit PackIf you upgrade to Premium Talent Search or purchase a Credit Pack the Premium Talent Search terms and conditions apply to you:
Your use of Premium Talent Search is subject to these clauses (including the above clauses), however:
When reading these clauses:
Advertiser means "Advertiser" or "Premium Advertiser"; and
Offer Period means "Offer Period" or "Premium Offer Period"
as the case may be; and
Clause 2, clause 3, clause 5, clause 6 and subclause 10a above do not apply to your use of Premium Talent Search.
Premium Talent Search Advertisers
During the Premium Offer Period SEEK will grant to Premium Advertisers 2000 Talent Search Credits for each Qualifying Job Advertisement purchased from SEEK.
For Ad Packs – All credits pertaining to the Ad Pack will be granted to the Premium Advertiser at the time of posting their first Job Advertisement purchased as part of the Ad Pack.
For Monthly Subscription – Credits pertaining to the Monthly Subscription will be granted on a monthly basis together with Premium Advertisers' job advertisements.
Premium Advertisers' Talent Search Credits will expire as follows:
For Ad Packs – the earlier of
6 months from the date of posting their first Job Advertisement purchased as part of the Ad Pack: and
30 days after posting the last Job Advertisement in the Ad Pack.
For Monthly Subscriptions – at the end of each calendar month. Any Talent Search Credits not used prior to these expiry dates will immediately lapse.
In the case of any OverAds placed by Premium Advertisers:
Premium Advertisers will be granted 2000 credits for each OverAd placed at the time of placing the OverAd; and
OverAd credits will be valid for 30 days from the date the OverAd was placed.
Premium Talent Search Credit Packs
In addition to the circumstances outlined above, Advertisers may also purchase Credit Packs to access Premium Talent Search if:
they are not a Premium Advertiser (ie they have not yet upgraded to Premium Talent Search); or
they are a Premium Advertiser with a live Ad Pack and all Talent Search Credits granted as part of the Ad Pack purchase have expired.
Advertisers who purchase Credit Packs in these circumstances are referred to as "Premium Pack Advertisers"
Premium Advertisers with live Monthly Subscription contracts are not eligible to purchase Credit Packs.
The Talent Search Credits attached to a Credit Pack will:
Be granted to Premium Pack Advertisers on the date specified as the start date in the Credit Pack contract provided by SEEK (the "Credit Pack Commencement Date").
Expire 6 months from the Credit Pack Commencement Date or once all credits are consumed (whichever is sooner).
During the period in which a Credit Pack is valid, for Premium Pack Advertisers who are:
Non–Premium Advertisers – all Talent Search Credits (other than those granted as part of a Credit Pack) will be forfeited on the Credit Pack Commencement Date and these Premium Pack Advertisers will not earn Talent Search Credits for Job Advertisements posted (including OverAds).
Existing Premium Advertisers – additional Talent Search Credits will not be granted for Job Advertisements posted (including OverAds).
Subject to the daily limits in clause 13 above, during the period that a Premium Advertiser’s or Premium Pack Advertiser’s Talent Search Credits are valid, such Advertisers are entitled to apply their credits towards the use of any of the Talent Search Connection Methods at their ultimate discretion in respect of any candidates who appear in their Talent Search Portal.
Notwithstanding clause 22, the Talent Search Connection Methods must only be used for the purposes of a genuine hiring process in respect of an employment opportunity for which you are currently recruiting. If SEEK detects activity in breach of this clause we reserve the right to immediately remove any live Job Advertisements you may have placed and to withdraw any Talent Search Credits granted to you.
You must not use your Talent Search Portal or Talent Search Connection Methods for the purposes of soliciting business from candidates and/or promoting products or services you offer other than in relation to a genuine hiring process.
SEEK reserves the right to amend these terms and conditions from time to time. SEEK will provide notice of any amendments by publishing the updated terms on the Site. Your continued use of the Site shall be deemed to be acceptance of the changes. For changes SEEK reasonably believes materially alter our agreement in relation to the use of Talent Search, SEEK will provide 30 days prior notice of such changes (the "Notice Period") via email to all affected Advertisers.
If during the Notice Period you notify SEEK in writing that due to the changes made pursuant to clause 25 you wish to terminate your Advertising Agreement with SEEK, SEEK will within 30 business days after the conclusion of the Notice Period provide you with a refund for any unused advertisements or credits purchased.