SEEK - Advertising Terms of Use

Advertising Terms of UseThese terms and conditions (“Terms”) govern all Advertisers (defined as “Advertiser”, “you” and “your”) that:

have placed an advertisement (the relevant ad) on www.seek.com.au
have accessed the Advertiser Centre via talent.seek.com.au (together with www.seek.com.au, the Site);
have been advised that applications submitted in respect of the position advertised in the relevant ad will be stored on your behalf within SEEK’s Advertiser Centre (the Advertiser Centre);
have utilised any features of the Site or SEEK’s Products offered through the Site; and
have utilised any features of any SEEK APIs (as defined below) directly or via an authorised third party provider (Partner).

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 SEEK in conjunction with these Terms.If you have elected to also acquire or utilise StandOut Advertisements, Premium Advertisements, Talent Search, Screen, Onsite Template Development or Display Advertising, these Terms are to be read in conjunction with, and incorporate, the Product Terms (including the Talent Search Terms and Conditions).If you have elected to utilise any of the following APIs offered by SEEK “Fastlane Plus, Job Ad Posting API, Seek Application Export, SEEK Talent Search, or Apply with SEEK ( the SEEK APIs)“ either directly or via a Partner, these terms are to be read in conjunction with and incorporate the SEEK Developer Site and API Terms of Use (API Terms).The Site is owned and operated by SEEK Limited (ABN 46 080 075 314) defined as (“SEEK”, “we”, “us” and “our”).Your continued use of this Site will be deemed as acceptance of these Terms by you.

Variation of Terms

SEEK may vary these Terms at any time. If SEEK varies these Terms, it 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.

Payment

All amounts owing to SEEK must be paid within 14 days of the date of invoice.
You are obliged to pay for the services that SEEK agrees to provide you with regardless of whether you utilise or fully utilise those services. If you do not provide SEEK with the necessary materials or information for SEEK to deliver these services to you, you are still liable to SEEK for full payment.
Payments using American Express or Diners Club credit cards incur an extra charge of 3.02% (including GST) for American Express, or 2.46% (including GST) for Diners Club, of the SEEK payment amount. The rates are the same that SEEK is charged by American Express and Diners Club.
SEEK 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 SEEK may disable your account without notice and refuse to supply further services to you.
You agree that pursuant to the Privacy Act 1988 (Cth), SEEK 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 SEEK may disclose this information to a credit reporting agency or interested persons as reasonably necessary.

Intellectual Property Rights

SEEK retains all intellectual property rights subsisting in any of the goods and services provided to you by SEEK.

Limitation of Liability and Disclaimer

SEEK 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.
SEEK 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.
SEEK agrees to use reasonable efforts to publish advertisements in the shortest possible time.
SEEK 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.
SEEK acts as a medium through which individuals seek employment opportunities. SEEK 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.

Changes to the Site

SEEK 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 SEEK 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, SEEK will endeavour to consider exceptionally detrimental consequences such alterations may cause you.

Your Obligations

You warrant and agree that:

you have the legal capacity and power to agree to be bound by these Terms and perform the obligations under them;
advertisements and other works posted on the Site do not breach the intellectual property rights of any third party;
all files delivered to SEEK will be free of infection or viruses;
you will not use the Site for any illegal purpose;
you will not use the Site or any features of the Site or products offered on the Site 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 Site users or persons generally, and you may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Site including code and software;
if you utilise any of SEEK’s APIs, either directly or via Partner,

that Partner’s access to the Site or a SEEK API has been notified to, and approved by, SEEK;
SEEK will continue to allow access to that Partner until such time as you provide us with a written request to revoke this access;
that Partner is authorised to act on your behalf;
any system utilised by you or that Partner will comply with the data security obligations contained in clauses 14 - 17a of the API Terms; and
a breach of these Terms (including the Product Terms and/or the API Terms as the case may be) by that Partner will be deemed to be a breach of the relevant Terms by you and SEEK 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);

if applicable you have complied with your obligation under clause 50 of these Terms.

You may not assign or transfer any rights and obligations pursuant to these Terms to any other person or entity without SEEK’s 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 for the purpose of this clause.
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 in connection with:

any breach of these Terms or the Product Terms by you;
any negligent act or omission by you;
the listing or proposed listing of any advertisement by you on the Site or any related site; or
an actual breach by you of any law, legislation, regulations, by-laws, ordinances or codes of conduct which occurs as a consequence of your advertisement appearing on the Site.

You agree at all times to deal with any information or products provided by SEEK or accessed from the Site in a manner which abides by all applicable laws of Australia, or of any other relevant jurisdiction (including, without limitation, privacy and copyright laws).
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 this Site including code and software.
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 another website or in any other publication), without SEEK’s prior written approval.
You may not use the Site to post any pyramid scheme or multi-level marketing scheme (however described) on the Site.
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 the Site (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 the Site.
You may not use any feature of the Site to send any unsolicited commercial electronic messages to candidates, whether individually or as a group. Candidate management tools may only be used to communicate with candidates in accordance with the Product Terms.
You must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to SEEK without SEEK’s prior written approval.

Any advertisements (including but not limited to StandOut Ads and Premium Ads) acquired by you from SEEK must not be on-sold or supplied by you to third parties unless you are a media buyer (as approved by SEEK) whose primary business it is to acquire media on behalf of third parties, or unless you are a job recruiter and supply job recruitment services (as approved by SEEK) in conjunction with the advertisements (including but not limited to StandOut Ads and Premium Ads)
Where you are a job recruiter and in accordance with clause 29(a) on sell or supply advertisements acquired by you from SEEK, those ads 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 supplied.
If you breach either or both of clauses 29(a) and 29(b), then SEEK, in addition to its rights under clause 62, reserves the right to charge you the casual advertiser price for each advertisement, (including StandOut Ads and Premium Ads) placed by you on the Site in breach of those clauses.

Misuse of candidate data, and on-selling

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 SEEK 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 SEEK has otherwise consented to this). This restriction on forwarding personal information applies irrespective of whether you receive direct financial benefit for doing so.
SEEK 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 SEEK believes that you have misused candidate data for any reason, SEEK 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.

Placing Advertisements

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 section 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.

You must adhere to the principle of honest representation in advertising set out in the RCSA’s Code For Professional Practice.
All applications for job ads posted on SEEK must not by any means disregard or preclude applications submitted via SEEK, including by wording to that effect within the job ad itself.
You are not permitted to insert links to an external website or an externally hosted application form:

within the details of a job ad (including from the apply functions);
from within SEEK’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 SEEK’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. SEEK reserves the right to request any information from you that it deems necessary to verify that a genuine, paid employment opportunity exists.
SEEK 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 SEEK Site. Where Advertisers have breached this obligation and have advertised multiple job roles in the one job advertisement, SEEK reserves the right to charge the Advertiser for the number of job roles advertised in the one job advertisement posted on to the SEEK 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. SEEK reserves the right to amend, alter or remove any information that does not meet this requirement.
SEEK reserves the right and Advertisers must accept as a condition of advertising on the Site, SEEK’s right to re-classify advertisements posted to the Site, entitling SEEK 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 SEEK 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 SEEK 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.

Clauses 49 to 54 apply to your use and access of the Advertiser Centre.

Authority to store and retain applications

You expressly authorise SEEK to store and retain all applications submitted in response to the relevant ad within the Advertiser Centre, rather than emailing those applications to an external source.

Access

Your access to the Advertiser Centre (and the functionality contained therein) will be via a secure login username and password issued to you by SEEK (the Password). The Advertiser is responsible for:

providing SEEK with the identity and contact details of individuals authorised to access the Advertiser Centre on your behalf (authorised users);
setting authority limits for all authorised users;
supervising the use of the Advertiser Centre by the authorised users, and ensuring that such use is consistent with the guidelines outlined below under the heading ‘Use of Advertiser Centre’; and
ensuring that any Password provided to authorised users is kept secure and confidential.

You are responsible for the use of the Password issued by SEEK to enable users to gain access to the Advertiser Centre, 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 the Advertiser Centre that breaches these Terms will be deemed a breach of these Terms by you.
If you utilise the Add Candidate function of the Advertiser Centre then before utilising that function you must ensure that you have:

expressly obtained the consent of every individual whose Personal Information, (as that term is defined within the Privacy Act 1988 (Cth) Personal Information), you upload onto the Advertiser Centre, to such uploading of their Personal Information and the storage of such information by SEEK within the Advertiser Centre;
fully disclosed to such individuals the purpose for which their Personal Information has been collected and is stored on our Advertiser Centre; and
otherwise fully complied with your obligations under the Privacy Act 1988 (Cth) in respect of the collection and storage of such information.

Once access to the Advertiser Centre has been granted to you by SEEK, the Advertiser will have access to the Advertiser Centre and the functionality therein, unless such access is terminated by us in accordance with these Terms and/or the Additional Terms.
If your access to the Advertiser Centre is terminated for reasons other than fraud or dishonest conduct on your part, SEEK will, within 20 Business Days, forward all applications and associated information stored on your behalf to your nominated email address.

Maintenance

SEEK will use reasonable endeavours to ensure that the Advertiser Centre is available for access by authorised users at all times. Notwithstanding this, SEEK and its third party service providers may be required to undertake maintenance and upkeep of the Advertiser Centre from time to time. SEEK will endeavour to limit any ‘downtime’ to periods outside of standard business hours. SEEK 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 Advertiser Centre.

Private AdvertiserIf you utilise the “Private Advertiser” Function then clauses 55 to 57 apply to you:

At the time of collection of a candidate’s personal information (whether from a candidate or from SEEK), or as soon as practicable thereafter, you warrant to SEEK 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 SEEK receives requests from candidates regarding personal information collected by Advertisers. Where SEEK receives such a request from a candidate whose personal information you have received, we will pass such request on to you. You warrant to SEEK 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 SEEK harmless against any loss or damage whatsoever that SEEK 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 SEEK caused by your non-compliance with clauses 55 and 56.

Licence to use data

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 SEEK. For the avoidance of doubt, the use of personal information of candidates by SEEK and/or the Advertiser is governed by the Privacy Act 1988 (Cth) and the terms of the relevant privacy policy of SEEK and/or the Advertiser.
the Advertiser hereby grants to SEEK and SEEK’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.

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

Hardware & software

It is the Advertiser’s responsibility to ensure that it has the necessary computer hardware and software systems in place to access and utilise the Advertiser Centre.

General Terms

SEEK reserves the right to terminate your agreement with SEEK if you post any advertisement or utilise any feature of the Site or SEEK Product in any way which is in breach of any of these Terms or the Product Terms.
SEEK 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.
These Terms are governed by the laws of Victoria. Advertisers 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.