Advertising Terms of Use
Advertising Terms of Use
Last updated on 23rd April 2024
1. These Advertising Terms of Use (Terms) will apply when you:
a. create an employer account with us (or attempt to do so);
b. have, or have access to, an employer account with us;
c. post, or attempt to post, an advertisement (also referred to as an “ad”) on our SEEK, JobStreet by SEEK (excluding JobStreet Express) or JobsDB by SEEK employment websites and apps (collectively, our websites and apps);
d. utilise, or attempt to utilise, any of our other products and services (e.g. Talent Search) which are offered under our employment brands of SEEK, JobStreet by SEEK (excluding JobStreet Express) or JobsDB by SEEK. This excludes your use of our products and services in the capacity of a candidate; or
e. otherwise agree to be bound by these Terms.
2. These Terms will bind both the relevant individual and any business or organisation they represent (or claim to represent) and references to “you” and “your” (and related terms) should be read accordingly.
3. Your access to, and use of, our products and services is conditional upon your acceptance and continued compliance with these Terms. For the avoidance of doubt, all references in these Terms to “our products and services” includes our websites and apps (which incorporates all features and functionality).
4. Depending on which of our products and services you utilise, there will be additional specific terms that will apply to you (Additional Specific Terms). Relevant Additional Specific Terms should be read in conjunction with these Terms.
5. All Additional Specific Terms are incorporated into these Terms (unless expressly stated otherwise) to the extent relevant. This means that the provisions of these Terms also apply to the Additional Specific Terms. In the event of inconsistency between these Terms and any Additional Specific Terms, the Additional Specific Terms will prevail.
6. Some important examples of Additional Specific Terms include:
b. Talent Search and Premium Talent Search Terms and Conditions
c. Talent Search Connect Terms and Conditions
7. For the purposes of these Terms:
a. Applicable Laws means all laws, regulations, by-laws, ordinances, codes of conduct, implementing rules / regulations and issuances from authorised bodies that apply to you and your use of our products and services.
b. Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth), as may be amended from time to time.
c. Credit Laws mean:
the Indonesian Financial Services Authority Regulation No. 6/POJK.07/2022 of 2022 on Consumer and Community Protection in Financial Services Sector;
the Philippines Credit Information System Act of 2008;
the Singapore Credit Bureau Act 2016; and
any other applicable credit related laws, regulations, implementing rules and regulations and the relevant issuances from authorised bodies,
as amended or superseded from time to time.
d. Detrimental Change has the meaning given in clause 88 of these Terms.
e. Notice Period has the meaning given in clause 88 of these Terms.
f. Personal Information means information (including Sensitive Information) that identifies an individual or could reasonably identify an individual, including facts and opinions, whether they are true or not. In certain jurisdictions, the term “Personal Data” is used under applicable Privacy Laws, which means any information relating to an identified person, or a directly or indirectly identifiable individual. References to Personal Information in these Terms include a reference to Personal Data, where applicable.
g. Privacy Laws means the privacy and data protection laws as may be in force from time to time in a particular jurisdiction which regulates the collection, use, disclosure, storage of and granting of access rights to Personal Information. Privacy Laws include but are not limited to:
the Australian Privacy Act 1988 (Cth) (including the Australian Privacy Principles);
the Hong Kong Personal Data (Privacy) Ordinance;
the Indonesian Personal Data Protection Law;
the Malaysian Personal Data Protection Act 2010;
the New Zealand Privacy Act 2020 (including the New Zealand Privacy Principles and Privacy Codes of Practice);
the Philippines Data Privacy Act of 2012;
the Singapore Personal Data Protection Act 2012;
the Thailand Personal Data Protection Act B.E. 2562 (2019); and
any other applicable privacy laws, regulations, implementing rules and regulations and the relevant issuances from authorised bodies;
as amended or superseded from time to time.
h. SEEK Group means SEEK Limited (ABN 46 080 075 314) and its related bodies corporate, as defined by the Australian Corporations Act 2001 (Cth). References to “we” and “us” (and related terms) mean the SEEK Group unless otherwise stated.
i. Sensitive Information – certain categories of Personal Information as defined under Privacy Laws (for example, by virtue of the Indonesian Personal Data Protection Law, is acknowledged as Specific Personal Data) that may include information or opinion about an individual’s racial or ethnic origin, political opinion or associations, religious beliefs, trade union memberships or associations, sexual orientation, criminal record including any proceedings for any offence committed or alleged to have been committed by such individual (including the disposal or result of such proceedings), health and genetic information, or government-issued identification, provided the information or opinion otherwise meets the definition of Personal Information.
j. Small Business means a party to a small business contract, as that term is defined in the Australian Consumer Law.
8. Unless otherwise stated in an Advertising Agreement, Sales Agreement or any other agreement with us, all amounts owing to us must be paid within 14 days of the date of an invoice.
9. You are obliged to pay for the products and services that we agree to provide you regardless of whether you utilise or fully utilise those products or services. If you do not provide us with the necessary materials or information for us to deliver these products or services to you, you are still liable to us for full payment.
10. We offer a range of payment methods which vary according to location. Please note that available payment methods (and fees, if any) may change from time to time.
11. As at the effective date of these Terms, we do not charge payment method fees other than as follows:
a. If you contract with our Australian entity, SEEK Limited (please see clauses 99 and 100 below) - American Express (1.95% of the amount payable to us + Australian GST)
b. If you contract with our New Zealand entity, SEEK (NZ) Limited (please see clauses 99 and 100 below) - American Express (1.95% of the amount payable to us + New Zealand GST)
12. We may charge you any costs we reasonably incur as a result of collecting your payment if you do not pay your invoice on time and fail to pay within 10 days of being notified by us. This clause does not apply to any reasonably disputed charges that you have notified us about, provided that you act in good faith.
13. If you do not pay your invoice on time, we will notify you and if your invoice remains unpaid 10 days after receiving our notice reminding you of your payment obligation, we may disable your account (and any other accounts you hold with us, without further notice) and we are not obliged to supply further products or services. This clause does not apply to any reasonably disputed charges that you have notified us about, provided that you act in good faith. If you dispute any charges, please contact us as soon as possible to discuss your concerns.
14. You agree that (in compliance with any applicable Privacy Laws, Credit Laws and other Applicable Laws) we may obtain from either a credit reporting agency / bureau or other credit providers credit information about you (including personal credit information) 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.
15. You agree that we may disclose information to a credit reporting agency or interested persons as reasonably necessary and only to the extent allowable under applicable Privacy Laws, Credit Laws and other Applicable Laws. You will confirm your consent to such disclosure in writing if we require.
16. The total amount/s invoiced by us to you will be subject to, and inclusive of, all indirect transaction taxes (if applicable) and any other applicable taxes as required by Applicable Laws from time to time (including Applicable Laws that apply to us). Invoiced amounts may differ from what is quoted in our agreement with you in certain circumstances (e.g. where the tax rate changes or new taxes are introduced).
17. Where required, you must provide appropriate withholding tax documentation to support any amounts of tax withheld from settlement of an invoice. If you fail to do so, we are not obliged to supply you with further products and services.
18. SEEK Limited owns all intellectual property rights associated with our websites and apps. Subject to clause 19, SEEK Limited retains all intellectual property rights in our websites and apps.
19. We do not own any pre-existing intellectual property owned by you (an example of which may be your company logo). However, you agree to provide us with a perpetual, non-transferable, royalty free licence to use your intellectual property in the products and services we provide (or make available) to you. If you withdraw this licence, we may be unable to provide certain products and services to you.
20. Subject to the “Variation of these Terms” procedure set out in clauses 88 to 90 (inclusive), we reserve the right to alter the functionality and/or appearance of our products and services, including but not limited to our websites and apps.
21. You warrant and agree that:
a. you have the legal capacity and power to agree to be bound by these Terms (which includes binding the business or organisation you represent) and perform the obligations under them;
b. advertisements and other works posted on our websites and apps by you (or on your behalf) do not breach the intellectual property rights of any third party;
c. you will not perform any action that introduces any virus, worm, defect, Trojan horse, malware or any item of a destructive nature into our systems or the systems of those that use our products and services;
d. you will maintain security controls to reasonably secure your systems and data (including Personal Information of candidates) from misuse, interference, loss and unauthorised access, modification or disclosure;
e. you will use our products and services (which includes any information and data accessed via our products and services) in accordance with all Applicable Laws;
f. you will not use our products and services in a way that infringes the legal rights of others (such as intellectual property rights);
g. you will not use our products or services to upload, download, transact, store or make available content or data that is unlawful, harassing threatening, harmful, tortious, defamatory, libellous, illegally discriminatory, abusive, violent, obscene, invasive of another’s privacy, racially or ethnically offensive or otherwise, in our reasonable opinion, objectionable or damaging to us, the users of our products or services or persons generally, and you may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from our products and services including code and software (unless we expressly authorise such action);
h. in relation to your use of the SEEK API through a recruitment software provider (Partner) (if applicable):
your Partner is authorised to act on your behalf;
your Partner will have access to the SEEK API on your behalf until:
A. you provide us with a written request to cease such access; or
B. the Partner’s access to the SEEK API is terminated;
your Partner will comply with the SEEK API Terms of Use (including data security obligations), noting that this is a condition of continued access to the SEEK API; and
a breach of the SEEK API Terms of Use by your Partner will be deemed to be a breach by you and we will have the right to take action against you on account of that breach (regardless of whether or not you had specific knowledge of the relevant breach);
i. you will only use, process and disclose information in accordance with all Applicable Laws, including applicable Privacy Laws and specific laws governing health information. In the event that you obtain or access Personal Information of an individual from a country other than your own, you agree to comply with the Privacy Laws of that country as if you were a person or entity regulated by such Privacy Laws;
j. if you transfer Singapore candidate data outside of Singapore, you must ensure that the Personal Information of the candidate continues to receive a standard of protection that is at least comparable to that provided under the Singapore Personal Data Protection Act 2012 (as may be updated or superseded from time to time); and
k. you have all licences, registrations and other authorisations necessary to publish advertisements on our websites and apps.
22. If you are interested in hiring a Filipino based candidate to work outside of the Philippines, you should first liaise with the Department of Migrant Workers (DMW) or a DMW licensed recruitment firm to understand all relevant regulations. You must ensure that you are aware of, and comply with, all relevant regulations.
23. You may not assign or transfer any rights or obligations pursuant to these Terms to any other person or entity without our prior written approval (which will not be unreasonably withheld). If you are a company, any change in your effective control shall be deemed an assignment or transfer for the purpose of this clause.
24. You indemnify, and will keep indemnified, us and our officers, employees and agents against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by us or them as a direct result of:
a. any fraud or wilful misconduct by you;
b. any negligent act or omission by you; or
c. any breach of any Applicable Laws by you. Each party’s liability under these terms will be reduced to the extent that the relevant loss or damage was caused or contributed to by the other party.
25. You may have access to, or request, sensitive health information of individuals (e.g. COVID-19 vaccination information) through our websites and apps or other products and services. Without limiting clause 21 above, you must comply with any Applicable Laws that govern health information in addition to any applicable Privacy Laws. If applicable, such laws may restrict your use and disclosure of health information (amongst other things). You must ensure you are aware of, and comply with, all Applicable Laws relating to health information and Personal Information more generally.
26. Except as otherwise permitted under these Terms, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from our websites and apps including code and software.
27. You may not use data mining, robots, screen scraping, or similar automated data gathering, extraction or publication tools on our websites or apps (including for the purposes of establishing, maintaining, advancing or reproducing information contained on our websites and apps on another website or in any other publication), without our prior written approval.
28. You may not use our websites or apps to post any advertisements relating to a pyramid scheme or unlawful multi-level marketing scheme (however described).
29. You may not ask or require any candidate to pay a fee, charge, cost or any money whatsoever in connection with the hiring process for any job advertised on our websites and apps (including to apply) whether such fee, charge, cost or money is asked or required of the candidate in the job advertisement itself or in any communication with the candidate that takes place as a result of a job advertisement placed on our websites and apps.
30. You may not use any feature of our websites or apps to send any unsolicited commercial electronic messages (or any type of ‘spam’ message) to candidates, whether individually or as a group. Our candidate messaging tools may only be used to communicate with candidates in accordance with all Applicable Laws.
31. You must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to us without our prior written approval.
32. From time to time, we may make promotional offers available to you. Unless expressly stated in the offer terms, a promotional offer cannot be transferred by another party. Any breach of the terms of a promotional offer (which includes transferring the offer to another party where not expressly permitted) will constitute a breach of these Terms.
33. You must not on-sell or on-supply any of our products or services to third parties unless you are:
a. a media buyer approved by us whose primary business it is to acquire media on behalf of third parties; or
b. a job recruiter approved by us and you supply job recruitment services in conjunction with our advertisements.
You must ensure that the end user of our products or services is aware of, and complies with, these Terms.
34. Where you are a job recruiter and, in accordance with clause 33, you on-sell or on- supply advertisements, those advertisements must be branded with your job recruiter brand or co-branded with both your job recruiter brand and the brand of your client to whom the advertisement has been on-sold or on-supplied.
35. If you breach either clause 33 or 34, then we reserve the right to charge you the casual advertiser price for each advertisement placed by you on our websites and apps in breach of those clauses. This right is in addition to any other rights we may have under these Terms.
36. Any Personal Information of any candidate that you obtain through your use of our products and services must only be used by you in relation to your genuine employment and/or recruitment activities and in accordance with all applicable Privacy Laws and other Applicable Laws (such as those laws regulating health information).
37. Selling or offering products or services (including, but not limited to, learning or educational courses or tools) to candidates whose Personal Information you have obtained through your use of our products and services is prohibited.
38. You must not provide any candidate Personal Information you have obtained through your use of our products and services (including job applications received from candidates) to any other party, including to any affiliate or related party of yours, except where such action is permitted by all Applicable Laws. This restriction applies whether or not you receive (or will receive) a financial benefit from the provision of the information to another party.
39. We take our obligations under Privacy Laws and other Applicable Laws extremely seriously, and we are resolute in our determination to prevent the misuse of candidate data. If we believe that you have misused candidate data for any reason, we reserve the right to:
a. 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;
b. report any potential contraventions of applicable Privacy Laws or other Applicable Laws by you to the relevant authorities; and/or
c. take legal action against you seeking any available remedies, which may include the award of monetary damages.
40. You must ensure that all advertisements posted to our websites and apps by you (or on your behalf) comply with all Applicable Laws, including (but not limited to) those relating to:
a. employment and the advertising of employment opportunities;
b. anti-discrimination and equal opportunity;
c. consumer protection (including prohibitions on misleading and deceptive conduct); and
d. privacy and data protection.
41. You understand that by using our products and services, you may need to comply with the laws of countries other than your own (including regulations, by-laws, ordinances, codes of conduct, implementing rules / regulations and issuances from authorised bodies). If this occurs, you must comply with such Applicable Laws.
42. We support fair and progressive employment principles, which includes ensuring strict adherence to all Applicable Laws concerning discrimination and equal opportunity. All advertisements you post on our websites and apps must not specify preferences or requirements (in an express or implied manner) relating to matters such as race, language, age, religion, marital status or other legally protected characteristics unless this is permitted by all Applicable Laws.
43. You must adhere to the principle of honest representation in advertising set out in the RSCA’s Code of Professional Conduct, as well as the requirements other similar codes of advertising practices that may apply to you.
44. You must not in any way disregard or preclude applications submitted via our websites and apps and you must not include wording indicating this intention within the job advertisement itself.
45. You are not permitted to insert links to an external website or an externally hosted application form:
a. within the details of a job advertisement (including from the apply functions);
b. from within our job application process;
c. within or from a previously approved externally hosted application form; or
d. within any communications with a candidate via Talent Search.
46. 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):
a. within the details of a job advertisement (including from the apply functions);
b. from within our job application process;
c. within or from a previously approved externally hosted application form;
d. within an employer/company profile; or
e. within any communications with a candidate via Talent Search.
47. Each of your advertisements on our websites and apps must be 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. We reserve the right to request any information from you that it deems necessary to verify that a genuine, paid employment opportunity exists.
48. You must ensure that advertisements posted to our websites and apps are posted to the appropriate category of our websites and apps. It is your responsibility to ensure that you familiarise yourself with the advertising requirements of each available category to ensure appropriate placement of advertisements.
49. You acknowledge and agree that you must only advertise one job role per job advertisement posted. Where you breach this obligation, we reserve the right to charge you for the number of job roles advertised in the relevant job advertisement.
50. You 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. We reserve the right to amend, alter or remove any information that does not meet this requirement.
51. We reserve the right to re-classify advertisements posted.
52. The following actions constitute a new / additional job advertisement and we reserve the right to charge you accordingly:
a. copying a job advertisement to create a separate advertisement;
b. reposting an archived or deleted advertisement;
c. extending an 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 (each Extending action resulting in an additional ad);
d. 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;
e. posting advertisements 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 we will count all new/additional job advertisements against your account and will invoice you accordingly; or
f. for Listings (as defined in the Company Profiles Terms and Conditions) – reposting an expired, archived or deleted role on your careers portal.
53. You expressly authorise us to store all job applications submitted through our websites and apps within your employer account with us (your account). You understand that we will not email such applications to an external source.
54. Your access to your account (and the functionality contained therein) will be via a secure sign in with your email and password (the Password). You are responsible for:
a. providing us with the identity and contact details of individuals authorised to access your account on your behalf, where applicable (authorised users);
b. setting authority limits for all authorised users;
c. supervising the use of your account by the authorised users and ensuring authorised users are aware of, any comply with, these Terms; and
d. ensuring that the Password is kept secure and confidential.
55. You are responsible for the use of the Password issued by us to enable users to gain access to your account, whether the use is by authorised users or any other person. Any act or omission by an authorised user in respect of the use of the Password and / or the use of your account that breaches these Terms will be deemed a breach of these Terms by you.
56. You acknowledge that you may be required to undertake additional identity verification processes in relation to your account. If you request that we alter our standard security processes for you and we agree to do so (in our sole discretion), you bear the associated risks and indemnify us for all loss caused by the alteration or removal of those requirements, except to the extent the relevant loss is caused or contributed to by us.
57. If you utilise the “Add Candidate” or similar function within your account, then before utilising that function you must ensure that you have:
a. expressly obtained the consent of each individual to such uploading (including the storage of such information by us);
b. fully disclosed to each individual the purpose for which their information will be stored with us; and
c. otherwise fully complied with your obligations under the applicable Privacy Laws and other Applicable Laws (such as those laws regulating health information) in respect of the collection, processing and storage of such information.
58. From 31 March 2024, historical candidate application data (which includes resumes, cover letters and other application documents) and job advertisement data (Historical Data) will only be accessible in your account for a three-year period starting from the date:
a. an application is received (in the case of candidate application data); or
b. a job advertisement is posted (in the case of job advertisement content).
Any Historical Data that is already older than three years will no longer be accessible after 31 March 2024. You must transfer any required Historical Data to your own external systems before that date.
59. If your access to your account is terminated for reasons other than fraud or dishonest conduct on your part, we will, within 20 business days, forward all applications and associated information stored on your behalf to your nominated email address.
60. We will use reasonable endeavours to ensure that your account is available for access by authorised users at all times. Notwithstanding this, we and our authorised third party service providers may be required to undertake maintenance and upkeep of our websites and apps from time to time. We will endeavour to limit any ‘downtime’ to periods outside of standard business hours. We provide no warranty to you that services generally available through our websites and apps will be uninterrupted or error free.
61. We may permit your affiliated businesses and personnel (each an Affiliated Entity) to access and use a single account or related accounts with us. If we provide this permission:
a. you must ensure that each Affiliated Entity is aware of, any complies with, these Terms; and
b. you indemnify us against all claims, liabilities, losses, costs and expenses (including legal costs) reasonably incurred by us as a consequence of any act or omission of any Affiliated Entity.
62. We reserve the right to reject your request to register an account with us if we believe on reasonable grounds that you are unlikely to comply with our Terms, likely to pose a security threat in any way (including to candidates or our systems) or likely to cause damage to our brand or reputation.
63. Once you have registered an account with us, if we believe on reasonable grounds that you are:
a. likely to pose a security threat in any way (including to candidates or our systems); or
b. likely to cause damage to our brand or reputation, we reserve the right to:
c. remove your advertisements from one or more of our websites and apps;
d. refuse to supply products and services to you; and / or
e. suspend or terminate your account immediately.
We will act reasonably in exercising our rights under this clause, which may include notifying you of our proposed actions in advance (if we believe this is appropriate). You will not be entitled to any compensation or refund in the event we do exercise our rights under this clause.
64. We are contracting with you on the condition that the vast majority of the advertisements you post on our websites and apps will be for roles located in your Contracting Country (Contracting Country Condition), unless we have expressly agreed otherwise in writing. Your Contracting Country will be the country of incorporation of the SEEK Group entity with which you are contracting (please refer to clauses 99 and 100)
65. If we determine that the Contracting Country Condition has not been satisfied (or is unlikely to be satisfied in future), we will contact you to discuss the matter. During or after this discussion, we may direct you to comply with the Contracting Country Condition and outline the actions we may take in the event of continued non-compliance. These actions may include (but are not limited to):
a. removing your advertisements from one or more of our websites and apps;
b. limiting or removing your ability to post advertisements for roles located outside your Contracting Country;
c. reducing or removing any discounts stated in our agreement with you (this may include charging casual advertising rates for all advertisements posted in breach of the Contracting Country Condition);
d. refusing to supply products and services to you; and / or
e. suspending or terminating your account.
You will not be entitled to any compensation or refund in these circumstances.
66. Without limiting clause 62 and subject to clause 67, we will notify you if we believe on reasonable grounds that you have used our products and services improperly. If you continue to use our products and services improperly, we reserve the right to take any action that we think is reasonably necessary to remedy and prevent the improper use. This may include (but is not limited to):
a. removing your advertisements from one or more of our websites and apps;
b. limiting or removing your ability to post advertisements for roles located in countries other than your Contracting Country;
c. reducing or removing any discounts stated in our agreement with you;
d. refusing to supply products and services to you; and/or
e. suspending or terminating your account.
You will not be entitled to any compensation or refund in these circumstances.
67. If we believe on reasonable grounds that you are using our products and services improperly and that you are acting to intentionally benefit from the improper use, we will not be required to provide you with prior notice and we may immediately take any of the actions permitted by clause 66. You will not be entitled to any compensation or refund in these circumstances.
68. Everyone is entitled to work in an environment that is free from abuse, bullying, harassment, discrimination and other inappropriate conduct (Inappropriate Conduct). If you display any Inappropriate Conduct to our staff at any time (as determined by us, acting reasonably), we reserve the right to:
a. reject your request to register an account with us;
b. refuse to supply products and services to you; and / or
c. suspend or terminate your account immediately (which may include removing your ads from our websites and apps).
You will not be entitled to any compensation or refund in these circumstances.
69. If you dispute our actions (or proposed actions) under clauses 62 or 65 to 68 (inclusive), you may notify us and we will consider your dispute promptly and in good faith.
70. Clauses 71 to 74 (inclusive) apply to you if you utilise the “Private Advertiser” function.
71. At the time of collection of a candidate’s Personal Information (whether from a candidate or from us), or as soon as practicable thereafter, you warrant to us that you will:
a. advise the candidate (by way of notice in writing) that any Personal Information you collect about them will be held, used, processed and disclosed in accordance with your privacy policy / notice; and
b. make a copy of your privacy policy available to the candidate.
72. If you download or otherwise access a candidate’s CV or other Personal Information, you acknowledge that we will email that candidate to notify them that you have done so and identify you in that email and any subsequent communications with that candidate via Talent Search.
73. Where we receive a request from a candidate whose Personal Information you have received, we will pass such request on to you. You warrant to us that whenever such request is provided to you, you will promptly and meaningfully respond to such request and will confirm to us that you have done so.
74. You agree to indemnify and hold us harmless against any loss or damage whatsoever that we may incur, including but not limited to any civil penalties which may be imposed, as a result of:
a. a failure by you to comply with clauses 71 and 73;
b. a breach of applicable Privacy Laws by you;
c. any indirect contravention of applicable Privacy Laws by us caused by your non- compliance with clauses 71 and 73;
d. breach of any Applicable Laws that govern health or other sensitive information by you; and
e. any indirect contravention of any Applicable Laws that govern health or other sensitive information by us caused by your non-compliance with clauses 71 and 73.
75. Subject to all Applicable Laws (including applicable Privacy Laws) and subject to clause 58, all data stored in your account (Advertiser Data), such as candidate applications, is owned by the advertising business or organisation. For the avoidance of doubt, Personal Information of candidates is governed by applicable Privacy Laws, the terms of our privacy policy and / or your privacy policy, as applicable. We will delete candidate application information from your account where it is appropriate to do so (e.g. in accordance with applicable Privacy Laws).
76. You hereby grant to us a perpetual, non-exclusive, irrevocable licence to use any Advertiser Data, to:
a. manage our internal reporting requirements;
b. collate statistical information about use of our websites and apps and submission of online applications;
c. analyse user behaviour on our websites and apps;
d. obtain and analyse high level trends and prepare reports relating thereto;
e. investigate any suspected:
breach of these Terms; or
security related issues; and
f. generally improve the candidate user experience and/or the advertiser user experience.
77. We may use any other data relating to your use of, or engagement with, our websites or apps and/or your use of our other products and services (Ancillary Data) for any purpose we see fit, unless such Ancillary Data would reasonably be considered confidential in nature, in which case our use must maintain such confidentiality. We may disclose Ancillary Data to our related parties.
78. It is your responsibility to ensure that you have the necessary computer hardware and software systems in place to access and utilise your account and our products and services.
79. Nothing in these Terms restricts, excludes, modifies or purports to restrict, exclude or modify any guarantees, rights or remedies which you may have under applicable statutory consumer guarantees, including under the Australian Consumer Law or equivalent State or Federal laws.
80. Subject to clause 79 and to the maximum extent permitted by law, we provide no warranty to you that our products and services will be uninterrupted or error free.
81. To the maximum extent permitted by law, our liability for breach of any statutory consumer guarantee or other term (whether implied or otherwise) which cannot be excluded by law, is limited at our option to either, the supply of the products or services (or the equivalent products or services) again or the payment of the cost of having the products or services supplied again.
If you are a Small Business, clause 82 applies: 82. Subject to clause 79 and to the maximum extent permitted by law:
a. except in the case of our fraud or wilful misconduct, our maximum aggregate liability to you in connection with these Terms, whether in contract, tort (including negligence) or otherwise, is limited to the greater of:
$1,000; and
6 times the fees paid by you in the month prior to the liability arising.
b. neither party will be liable to the other party for any indirect, consequential, special, punitive loss or damage or for loss of profit or business interruption, even if we are informed of their possibility.
If you are not a Small Business, clause 83 applies: 83. We (including 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 out of or in connection with your access and use of our products and services. We will not be liable for any 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.
84. To the maximum extent permitted by law, we accept 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 our websites and apps.
85. We agree to use reasonable efforts to publish advertisements on our websites and apps in the shortest possible time following your instruction to do so. You accept that new advertisers will undergo a verification process before an advertisement can be posted on our websites and apps and that this process may result in delays in posting your advertisement/s. We reserve the right to not create an employer account for you if you do not satisfy our verification requirements.
86. We cannot and do not guarantee or warrant to you that data and files accessible or available for download through our websites or apps and other products and services, 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 our websites and apps (and other products and services) for the reconstruction of any lost data.
87. We act as a medium through which individuals seek employment opportunities. We do not vet, nor are we responsible for vetting, candidates or the representations made by them whether oral or in writing - including those representations appearing in candidates’ resumes or profiles.
88. Subject to clauses 89 and 90, we may vary these Terms from time to time and the updated version will apply to you. Our current Terms will be accessible through our website.
89. You will be notified of any changes to these Terms which we reasonably believe will be materially detrimental to you (Detrimental Change) 30 days prior to them taking effect (Notice Period).
90. In the event of a proposed Detrimental Change, you may elect to terminate the relevant aspect of your agreement with us during the Notice Period by providing at least 5 days’ written notice. For the avoidance of doubt, your agreement with us in relation to products and services not subject to the Detrimental Change will otherwise remain on foot (to the extent possible).
91. These Terms may be translated into the local language in the relevant territory. In the event of a conflict between the Terms in the English language version and the localised version, the English language version shall prevail. The localised version shall be deemed to be automatically amended to conform with and made consistent with the English language version.
92. You acknowledge and agree to our Privacy Policy and consent to us collecting, storing and using your data (including that of your personnel) in accordance with that Policy.
93. You agree that we may contact you and / or your personnel via email, SMS and telephone from time to time to send you marketing and promotional materials regarding our products and services, including those of our affiliates and other partners. You can opt out at any time.
94. We reserve the right to (acting reasonably) reject, edit or remove any advertisement from our websites and apps in the event such an advertisement does not comply with these Terms.
If you are a Small Business, clauses 95 – 96 apply:
95. Either party may terminate this agreement (or relevant aspect of this agreement) if the other party commits a material breach of these Terms and fails to remedy such breach within 30 days of receiving written notice to do so. Any such termination:
a. will, to the extent possible, be limited to the products / services that are impacted by the material breach; and
b. will not end provisions of these Terms that are capable of surviving termination.
96. If you terminate this agreement in accordance with clause 90 or 95, you will be entitled to a proportionate refund of any amounts you have paid in advance which corresponds to the value of the products and services you have not received as at the date of early termination relating to the remaining period of your agreement with us for the relevant products and services. For the avoidance of doubt, you will not be entitled to any refund in the event that we terminate this agreement in accordance with these Terms.
97. If you are not a Small Business, the following clause applies: We reserve the right to terminate your agreement with us (or relevant aspect of our agreement) if you breach these Terms. Such termination will not end provisions of these Terms that are capable of surviving termination.
98. Any clause within these Terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity or enforceability of the remainder of these Terms is not affected.
99. These Terms are incorporated into your Advertising Agreement, Sales Agreement or any other agreement with us that expressly incorporates these Terms (Separate Agreement). This means that the provisions of your Separate Agreement (such as contracting parties and governing law) also apply to these Terms.
100. If you do not have a Separate Agreement (e.g. if you post ads on a casual basis without an Ad Budget or you have purchased an Ad Budget online), the SEEK Group entity with which you are contracting and the governing law varies according to the business address recorded in your account with us:
a. If your address is in Australia or any other country not listed in the remainder of this clause:
your contractual relationship is with SEEK Limited (ACN 080 075 314); and
these Terms are governed by the laws of Victoria, Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Victoria, Australia.
b. If your address is in Hong Kong:
your contractual relationship is with SAR Jobs DB Hong Kong Limited Co. No. 646180; and
this agreement is governed by the laws of Hong Kong. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Hong Kong.
c. If your address is in Indonesia:
your contractual relationship is with PT JobStreet Indonesia NIB 8120017241723; and
this agreement is governed by the laws of Indonesia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Indonesia.
d. If your address is in Malaysia:
your contractual relationship is with Agensi Pekerjaan JobStreet.com Sdn. Bhd. Reg. No. 199701033623 (449122-K); and
this agreement is governed by the laws of Malaysia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Malaysia.
e. If your address is in New Zealand:
your contractual relationship is with SEEK (NZ) Limited (Company Number 978512); and
these Terms are governed by the laws of New Zealand. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of New Zealand.
f. If your address is in the Philippines:
your contractual relationship is with JobStreet.com Philippines, Inc. (Reg. No. A199916277); and
this agreement is governed by the laws of Philippines. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of the Philippines.
g. If your address is in Singapore:
your contractual relationship is with JobStreet.com Pte. Ltd. UEN: 199904130N; and
this agreement is governed by the laws of Singapore. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Singapore.
h. If your address is in Thailand:
your contractual relationship is with Jobs DB Recruitment (Thailand) Limited Reg. No. 0105542073068; and
this agreement is governed by the laws of Thailand. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Thailand.
101. Any member of the SEEK Group may assist in providing the relevant products and services to you.
102. The parties expressly agree to waive and set aside their respective rights and obligations under any applicable law in the event of any termination of our agreement to the extent that such law requires any judicial pronouncement for the termination of our agreement.