Company Profiles Terms of Use

1. These Company Profiles Terms and Conditions (Terms) apply to all Organisations that have a Company Profiles Page on any of our SEEK or Jobstreet by SEEK employment websites and apps (collectively, our websites and apps). ⁠

2. Company Profiles Page means our product offering in the form of a webpage that enables Organisations to communicate information such as their employee value proposition, a company overview, life and culture, Jobs (as defined in clause 25) and Reviews (as defined in clause 27) to candidates and the broader public. ⁠

3. Organisation means the business represented on your Company Profiles Page, whether or not the business is a legal entity. References to “you” and “your” (and related terms) means the Organisation and its personnel, as applicable. ⁠

4. 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. ⁠

5. You authorise and agree to us generating a Company Profiles Page on your Organisation’s behalf. ⁠

6. We may vary these Terms at any time, which may include changing, or ceasing to offer, the Company Profiles product (including features or functionality). If we vary these Terms, we will provide notice by publishing the varied Terms on our website. You accept that by doing this, we have provided you with sufficient notice of the variation. 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. For the avoidance of doubt, the variation of terms provisions in the Advertising Terms of Use do not apply to the Terms. ⁠

7. These Terms are incorporated into the Advertising Terms of Use, which also apply to you. This means that the provisions of the Advertising Terms of Use (such as contracting parties and governing law) also apply to these Terms. In the event of any conflict, these Terms prevail.

8. 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, ratings, Reviews (as defined in clause 27), Jobs (as defined in clause 25) or other types of content (Content). ⁠

9. Content (excluding Reviews) for a Company Profiles Page may be: ⁠ ⁠⁠⁠a. submitted by you to us for publication on your Company Profiles Page, including but not limited to information about your Organisation (for example, your company overview, life and culture); or

b. if applicable, published by you on your Company Profiles Page; or

c. sourced by us for your Company Profiles Page from your Organisation’s public website (Organisation Site). ⁠

⁠⁠10. You authorise the publication of Content, however so collected by us, on your Company Profiles Page. ⁠

⁠⁠11. It is not our responsibility to ensure that the Content on your Company Profiles Page is current or accurate at all times. We will not monitor changes or updates to your Organisation Site. You agree that you are solely responsible for any Content you publish on your Company Profiles page, any Content you submit to us 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. ⁠

⁠12. You may make amendments to your Company Profiles Page (excluding Reviews) at any time by contacting your dedicated Account Manager or our Customer Service team and we will make those amendments on your behalf as soon as reasonably practicable. If applicable, you may also have the ability to add Content to and/or make amendments to some sections of your Company Profiles Page. ⁠

13. We will only publish Content that meets our standards 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 us, 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 our absolute discretion is deemed unhelpful to, or not in the spirit of, helping users. If you add Content to your Company Profiles Page, you agree to ensure that any Content meets our standards for publication and does not include any of the precluded Content specified above. ⁠

⁠14. Any Content submitted by you (excluding Reviews and Content published directly by you onto your Company Profiles Page) may be moderated in accordance with our standards. We do not fact check Content to verify its accuracy and we do not endorse any Content submitted. ⁠

⁠15. You acknowledge and agree that:

a. 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 us for publication;

b. we reserve the right to remove any Company Profiles Page at any time and without notice, including all, or part of, the Content;

c. we have no obligation to provide you with any reporting data, insights or information regarding the performance of your Company Profiles Page; and

d. we have no obligation to store, maintain or provide you with a copy of any of the Content, except to the extent required by applicable laws. ⁠

16. Subject to clause 29, you may request us to remove your Company Profiles Page by contacting your dedicated Account Manager or our Customer Service team. If your Company Profiles Page is removed, all your Listings (as defined in clause 25) will also be removed from our websites and apps.

17. Subject to clause 18 below, SEEK Limited retains all intellectual property rights subsisting in the Company Profiles Pages and our websites and apps. ⁠

⁠18. We do not claim ownership of any Content that you publish on your Company Profiles Page, Content that you submit to be included on your Company Profiles Page, or Content that we source from your Organisation Site (including your intellectual property). By generating a Company Profiles Page for your Organisation, you grant the SEEK Group a non-exclusive and royalty-free licence to use, copy, display, create derivative works of, and distribute such Content on your Company Profiles Page and our websites and apps. ⁠

⁠19. You warrant that:

a.  all Content (excluding Reviews) 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 18;

b. you will only upload or submit Content that is truthful and does not infringe anyone else’s rights, including intellectual property rights; and

c. all Content that we source from your Organisation Site is truthful and does not infringe anyone else’s rights, including intellectual property rights. ⁠

⁠20. No compensation will be paid by us to you with respect to the Content published on your Company Profiles Page. ⁠

⁠21. We do not commit in any way to using any Content submitted or any feedback that you provide to us. We will determine whether to use any element of the Content or feedback at our sole discretion for any purpose without compensation to you. ⁠

22. You grant permission for us to use your Organisation’s name, logo and other intellectual property in promotional activities relating to your Company Profiles Page and / or the Company Profiles service more generally.

23. You warrant and agree that:

a. you have the legal capacity and power to agree to be bound by these Terms and perform the obligations under them;

b. you will comply with the Content Guidelines available here;

c. all files and data submitted to us will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties;

d. you will not promote or refer to brands other than those associated with your Organisation (unless approved in writing by us);

e. 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 us, the Company Profiles product, users or persons generally; and

f. you will not use your Company Profiles Page or the data contained within it for any illegal purpose. ⁠

⁠24. 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.

25. We may publish Content on your Company Profiles Page that includes any or all of your Organisation’s job advertisements which are listed on our websites and apps (Jobs), which may be paid (Paid Ads) or unpaid (e.g. Lite Ads and Aggregated Ads, as those terms are defined in the Product Terms and Conditions). This also includes all of your Organisation’s job advertisements listed on your Organisation’s website that are subsequently published by us on your Company Profiles Page on your behalf without charge (Listings). ⁠

26. For each Job that is listed on our websites and apps and on your Company Profiles Page, either for payment or for free (including Listings, if applicable), you agree that the Advertising Terms of Use will apply to you. Listings are created primarily for display on your Company Profiles Page. Listings are a very low performance ad type in terms of visibility and candidate reach on our websites and apps and they are not a substitute for a Paid Ad.

27. Users of our websites and apps are able to post reviews providing feedback about their experiences at your Organisation (Reviews). If applicable, you may also be able to respond to Reviews. Any Reviews submitted by an individual on your Company Profiles Page and responses to such Reviews that are submitted by you must comply with our Community Guidelines. Each submitted Review will be moderated to ensure it meets our standards. We do not fact check each Review to verify its accuracy and we do not endorse any Review submitted. Permitted Reviews are published on an ‘as is’ basis without being edited by us. ⁠

28. Unless we are 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. ⁠

29. You will not be able to edit or delete any Reviews. If you or a user of our websites or apps considers that a Review on your Company Profiles Page should not be displayed, you or the user may flag the Review as inappropriate. Flagged Reviews will be re- reviewed by us. Reviews that do not meet the community guidelines will be removed at our absolute discretion. Our decision following such re-review is final. ⁠

30. The ‘flag as inappropriate’ function should only be used where you genuinely and reasonably believe a Review does not align with our Community Guidelines. Abuse of this function may result in us suspending or removing your Company Profiles Page.

31. You indemnify us and will keep us, our officers, employees and agents indemnified against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by us as a direct result of:

a. any breach of applicable laws by you; ⁠ b. any infringement of a third party’s intellectual property rights by you; ⁠ c. the Content of your Company Profiles Page submitted by you or used with your consent; or ⁠ d. any negligent act or omission 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.

32. We provide no warranty to you that services generally available through our websites and apps or your Company Profiles Page will be uninterrupted or error free. We assume no responsibility, and disclaim 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 under law, we, our officers, employees, agents and contractors will not be liable in any way to you or anyone else for any loss or damage arising out of or in connection with your Company Profiles Page unless such loss or damage is caused by our fraud or wilful misconduct. ⁠

33. In the case of goods or services supplied or offered via our websites and apps or your Company Profiles Page, our liability for breach of a term (whether implied or otherwise) which cannot be excluded by legislation, is limited to the supply of the goods or services (or the equivalent goods or services) again. ⁠

34. 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.