Site Terms

Understanding your rights and responsibilities as a CareerOne user

This page states the Terms of Use (“Terms”) under which You (“You”) may use the CareerOne Sites and the CareerOne Services (each as defined below)

These Terms constitute a binding agreement between You and CareerOne Pty Limited, and/or the CareerOne company operating the Web site for the country in which You live or in which business is headquartered (“CareerOne”), and are deemed accepted by You each time that You use or access any CareerOne Site or CareerOne Services.

The CareerOne Sites are defined as any Web sites under CareerOne’s control, whether partial or otherwise (including, without limitation CareerOne.com.au, and the Web site on which these terms of use were accessed from) and include CareerOne Services. The CareerOne services are defined as applications and services offered by CareerOne, including an on-line service to post and search employment opportunities and including any application accessed through the Facebook Platform and/or any mobile or other interface that allows You to access such application (collectively “CareerOne Services”).

These Terms include the CareerOne Privacy Statement, which is incorporated into these Terms by reference. Please read these Terms carefully. If You do not accept the Terms stated here, do not use the CareerOne Sites and the CareerOne Services. By using the CareerOne Sites and/or CareerOne Services, You agree to be bound by these Terms, including the CareerOne Privacy Statement.

CareerOne may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on You. The term “post” as used herein shall mean information that You submit, publish or display on a CareerOne Site.

Users who violate these Terms may have their access and use of the CareerOne Sites suspended or terminated, at CareerOne’s discretion.

1. Eligibility.

If You are under the age of 18 or the age of majority as that is defined in Your jurisdiction, You must use any CareerOne Site under the supervision of a parent, legal guardian, or other responsible adult.

2. Use of CareerOne Content.

(a) CareerOne authorises You to view and access a single copy of the content available on or from the CareerOne Sites solely for Your personal use.

(b) The contents of the CareerOne Sites, such as designs, text, graphics, images, video, information, logos, button icons, software, audio files and other CareerOne content (collectively, “CareerOne Content”), are protected under both Australian and foreign copyright, trademark and other laws.

(c) All CareerOne Content is the property of CareerOne or its licensors. The compilation (meaning the collection, arrangement and assembly) of all content on the CareerOne Sites is the exclusive property of CareerOne and is protected by Australian and foreign copyright, trademark, and other laws.

(d) Unauthorized use of the CareerOne Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You must preserve all copyright, trademark, service mark and other proprietary notices contained in the original CareerOne Content on any authorized copy You make of the CareerOne Content.

(e) You agree not to sell or modify the CareerOne Content or copy, reproduce, download display, publicly perform, distribute, or otherwise use the CareerOne Content in any way or form, in whole or in part, without CareerOne’s prior written permission, except that the foregoing does not apply to Your own User Content (as defined in Section 6) that You legally post on a CareerOne Site.

(f) You further agree to in no other way misuse CareerOne Content that appears on this Site.

(g) Any code that CareerOne creates to generate or display any CareerOne Content or the pages making up any CareerOne Site is also protected by CareerOne’s copyright and You may not copy or adapt such code.

(h) Provided that You are eligible for use of the CareerOne Sites, You are granted a limited license, subject to these Terms, to access and use the CareerOne Sites and the CareerOne Content and to download or print one copy of CareerOne Content to which You have properly gained access, solely for Your own personal, non-commercial use, provided that You preserve all copyright, trademark, service mark and other proprietary notices contained in the original CareerOne Content.

(i) Except for Your own User Content, You may not use any of the CareerOne Content on any other Web site or in a networked computer environment (including, without limitation, by uploading or republishing CareerOne Content on any Internet, Intranet or Extranet site or incorporating the CareerOne Content in any other database or compilation for any purpose).

(j) The use of any data mining, robots or similar data gathering or extraction methods is prohibited.

(k) Any use of the CareerOne Site or the CareerOne Content other than as specifically authorised by these Terms, without the prior written permission of Company, is strictly prohibited and will terminate the license granted by these Terms.

(l) Unless explicitly stated in these Terms, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

3. CareerOne Site Restrictions.

(a) You shall not use any CareerOne Site in order to transmit, post, distribute, store or destroy material, including without limitation, CareerOne Content:

• in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information;
• in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; or
• that is defamatory, obscene, threatening, abusive or hateful.

(b) You shall not violate or attempt to violate the security of any CareerOne Site, including without limitation, the following activities:

• accessing data not intended for such User or logging into a server or account which the User is not authorized to access;
• attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
• attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any CareerOne Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; or
• forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability.

CareerOne will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

In order to ensure a safe and effective experience for all of our customers, CareerOne reserves the right to limit the amount of data (including resume/CV views) that may be accessed by You in any given time period. These limits may be amended in CareerOne’s discretion acting reasonably from time to time.

4. Registration Information

(a) When You register with any CareerOne Site, You will be asked to create a CareerOne account and provide CareerOne with certain information including, without limitation, a valid email address (Your “Information”).

(b) By using the CareerOne Sites, you consent to CareerOne sharing the information that you have uploaded with selected third parties who may contact you about services relevant to your career development. You can stop receiving these communications by following the opt-out procedures provided following each communication. Please see CareerOne’s Privacy Statement, for further details regarding Your Information.

(c) Without limiting any of the other disclaimers of warranty set forth in these Terms, CareerOne does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through any CareerOne Site, or any other representation, warranty or guarantee. Any such undertaking, representation, warranty or guarantee would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.

Confidentiality

(d) You are responsible for maintaining the confidentiality of Your employer account, Profile and passwords, as applicable. You may not share Your password or other account access information with any other party, temporarily or permanently.

(e) You shall be responsible for all uses of Your CareerOne Site registrations and passwords, whether or not authorized by You. You agree to notify CareerOne immediately upon becoming aware of any unauthorized use of Your employer account, Profile, or passwords.

Ownership of Your Profile and Information

(f) You understand and acknowledge that You have no ownership rights in Your Profile and Information.

Treatment of Information upon Termination

CareerOne reserves the right to terminate this agreement and delete Your account and all of Your Information after a significant period of inactivity. Following a significant period of inactivity, CareerOne will provide you with reasonable notice via email of the date on which your account will be deleted. If You access Your CareerOne account before this date, Your CareerOne account will not be deleted.

(g) If You cancel Your CareerOne account or Your CareerOne account is terminated:

• all Your account information from CareerOne, including resumes/CVs, Profiles, cover letters, network contacts, saved jobs, questionnaires and email mailing lists, will be marked as deleted in and may be deleted from CareerOne’s databases and will be removed from any public area of the CareerOne Sites;
• information may continue to be available for some period of time because of delays in propagating such deletion through CareerOne’s web servers; and
• third parties may retain saved copies of Your Information and you should deal with them directly to update or delete your details.

5. Use of the CareerOne Services.

The job posting, resume/CV database (“Resume Database”) and other features of the CareerOne Sites may be used only by individuals seeking employment and/or career information, and by employers seeking employees and by companies offering services related to career development. In addition, CareerOne Networking may be used by individuals for permitted professional and personal networking purposes. Your use of the CareerOne Services is also subject to any other contracts You may have with CareerOne. In the case of any conflict between these Terms and any contract you have with CareerOne, the terms of your contract will prevail. The term “post” as used herein shall mean information that You submit, publish or display on a CareerOne Site.

6. User Content and Submissions.

(a) You are solely responsible for Your Account information, employer account information or job postings, Profile, content (including, without limitation works in any form, media, or technology whether now known or later developed), messages, audio, video, photos, text, images, compilations or other information (“User Content”) that You post on any CareerOne Site or transmit to other Users.

(b) By posting User Content to any public area of any CareerOne Site, including without limitation, message boards, Profiles, forums, contests and chat rooms, You automatically grant to CareerOne and its affiliates an irrevocable, royalty-free, perpetual, assignable, transferable, and fully paid non-exclusive right (including moral rights) and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display, and distribute such User Content (in whole or in part) and to prepare derivative works of, or incorporate into other works (in any form, media or technology now known or later developed, for the full term of any rights that may exist in such content) such User Content, and to grant and authorise sublicenses thereof (through multiple tiers).

(c) You also represent and warrant that:

• Your posting of such User Content does not violate any other entity’s intellectual property rights; and
• You have the right to grant or that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant, the license stated above.

(d) If You post User Content in any public area of any CareerOne Site, You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on any CareerOne Site retains any and all rights that may exist in such User Content.

(e) CareerOne acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen User Content, communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, CareerOne may review and remove any User Content that, in its reasonable opinion:

• violates these Terms, violates applicable laws, rules or regulations,
• is abusive, disruptive, offensive or illegal, or
• violates the rights of, or harms or threatens the safety of, Users of any CareerOne Site.

(f) CareerOne reserves the right to, acting reasonably, expel Users (in accordance with clause 19, where practicable and reasonable) and prevent their further access to the CareerOne Sites and/or use of CareerOne services for violating the Terms or applicable laws, rules or regulations.

7. Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright or Trademark Infringement.

If You believe that Your copyrighted work or trademark has been uploaded, posted or copied to any CareerOne Site and is accessible on such CareerOne Site in a way that constitutes copyright or trademark infringement, please print and complete the CareerOne Proprietary Rights Complaint Process and Notification Form and send such completed form to our designated agent.

We have designated the CareerOne Privacy Officer as our agent to receive notices of claims of copyright or trademark infringement or other nonconformance to these Terms on the CareerOne Sites. You can contact the CareerOne Privacy Officer as follows:

By office/mail:
CareerOne Privacy Officer
Level 5
44 Pitt St
Sydney NSW 2000
Australia

By email:
[email protected]

By telephone:
1800 555 010

8. Policy Regarding Termination Of Users Who Infringe The Copyright Or Other Intellectual Property Rights Of Others

(a) CareerOne respects the intellectual property of others, and we ask our Users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights.

(b) As a condition to Your use of the CareerOne Sites, You agree not to use any CareerOne Site to infringe the intellectual property rights of others in any way. CareerOne reserves the right to terminate the accounts of any Users, and block access to the CareerOne Sites of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others.

(c) CareerOne reserves the right, in its discretion, acting reasonably, to take these actions to limit access to the Site and/or terminate the accounts at any time, in our discretion acting reasonably, of Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement, with or without notice, and to the extent permitted by law, without any liability to the User who is terminated or to the User whose access is blocked.

9. CareerOne’s Liability.

Nature of the CareerOne Sites and Services and CareerOne’s responsibilities

(a) The CareerOne Sites act as, among other things:

• venues for employers to post job opportunities and search for and evaluate job candidates and
• candidates to post resumes/CVs and Profiles and search for and evaluate job opportunities.

CareerOne does not screen or censor the listings, including Profiles offered.

(b) CareerOne is not involved in the actual transaction between employers and candidates. As a result, CareerOne is not responsible for User Content, the quality, safety or legality of the jobs or resumes/CVs posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and CareerOne makes no representations about any jobs, resumes/CVs or User Content on the CareerOne Sites.

Content

(c) While CareerOne reserves the right in its discretion, acting reasonably, to remove User Content, job postings, resumes/CVs or other material from the CareerOne Sites from time to time, CareerOne does not assume any obligation to do so and, to the extent permitted by law, disclaims any liability for failing to take any such action.

(d) CareerOne Networking provides a venue for individuals to network for professional and personal purposes and CareerOne does not screen or censor the Profiles or User Content on the CareerOne Sites. CareerOne is not involved in the actual communications between Users. As a result, CareerOne has no control over the accuracy, reliability, completeness, or timeliness of the Profiles or User Content submitted on the CareerOne Sites and makes no representations about any Profile or User Content on the CareerOne Sites.

(e) Changes are periodically made to CareerOne Sites and may be made at any time.

Your risks

(j) There are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other Users with whom You come in contact through the CareerOne Sites.

(k) By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using the CareerOne Sites.

10. Warranties

(a) CareerOne does not exclude any rights and remedies in respect of goods or services under the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory legislation which cannot be excluded, restricted or modified. However, CareerOne excludes all rights, remedies, guarantees, conditions and warranties in respect of goods or services from your use of the CareerOne Site whether based in statute, common law or otherwise to the extent permitted by law.

(b) No advice or information, whether oral or written, obtained by a User from CareerOne or through or from any CareerOne Site shall create any warranty other than warranties implied by law or expressly stated herein.

11. Disclaimer of Consequential Damages.

EXCEPT TO THE EXTENT REQUIRED BY LAW, IN NO EVENT SHALL CAREERONE, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY CAREERONE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY CAREERONE SITE AND THE CAREERONE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CAREERONE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Limitation of Liability.

SUBJECT TO LAW, CAREERONE’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY CAREERONE SITE OR YOUR USE OF THE CAREERONE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.

13. Links to Other Sites.

The CareerOne Sites contain links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by CareerOne of the contents on such third-party Web sites. CareerOne is not responsible for the content of linked third-party sites and does not make any representation regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at Your own risk.

14. No Resale or Unauthorised Commercial Use.

You agree not to resell or assign Your rights or obligations under these Terms. You also agree not to make any unauthorised commercial use of any CareerOne Site.

15. Indemnity.

You agree to defend, indemnify, and hold harmless CareerOne, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from:

• any User Content or other material You provide to any CareerOne Site;
• Your use of any CareerOne Content; or
• Your breach of the terms of these Terms,

unless a negligent act or omission of CareerOne or breach of these Terms by CareerOne gave rise to such a claim, action or demand. CareerOne shall provide notice to You promptly of any such claim, suit, or proceeding.

16. General.

Access Outside of Australia

(a) CareerOne makes no claims or representations that the CareerOne Content may be lawfully viewed or accessed outside of Australia.

(b) Access to the CareerOne Content may not be legal by certain persons or in certain countries. If You access CareerOne.com.au or other Australian -based CareerOne Sites from outside of the Australia, You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction.

17. Additional Terms.

Certain areas of the CareerOne Sites are subject to additional Terms. By using such areas, or any part thereof, You agree to be bound by the additional Terms applicable to such areas.

18. Term and Termination

(a) These Terms will remain in full force and effect while You are a User of any CareerOne Site at any level.

(b) If you breach any of these Terms or if CareerOne is unable to verify or authenticate any information You submit to a CareerOne Site registration:

• CareerOne will have grounds to issue a termination notice to You via email. A termination notice will be issued only where it is reasonably practicable for CareerOne to do so. If it is not reasonably practicable to issue You with a termination notice, Your use of the CareerOne Services may be terminated without notice to You;
• Your account may be suspended from the time the termination notice is issued until Your account is either terminated in accordance with this clause 18 or CareerOne withdraws its notice of termination;
• the termination notice will set out details of the alleged breach; and

CareerOne will terminate Your use of the CareerOne Services.

(c) Upon termination CareerOne reserves the right, at its discretion, to pursue all of its legal remedies, including but not limited to removal of Your User Content from the CareerOne Sites and immediate termination of Your registration with or ability to access the CareerOne Sites and/or any other services provided to You by CareerOne.

19. Survival

Even after You are no longer a User of the CareerOne Sites, certain provisions of these Terms will remain in effect, including Sections 2, 5, 6, 8 through 17, inclusive.