Terms and Conditions for Advertisers / Employers

 

These terms and conditions (“Terms”) apply to all Advertisers (defined as “Advertiser”, “you” and “your”) that have posted an employment advertisement (“advertisement”) on www.widac.com.au (“Site”).

 

These Terms should be read in addition to and in conjunction with any other terms and conditions which may be provided to you from time to time by Women In Design and Construction Pty Ltd (ABN 66 626 047 005) (defined as “WIDAC”, “we”, “us”, “our”) with respect to the advertisement or the Advertiser’s use of the Site.

 

Your continued use of this Site will be deemed as acceptance of these Terms by you.

 

WIDAC reserves the right to, in its absolute discretion (acting reasonably), reject, edit or remove any advertisement from the Site for any reason.

 

Variation of Terms

  • WIDAC may vary these Terms at any time. If WIDAC varies these Terms, it will provide notice by publishing the varied Terms on the Site.
  • You accept that by doing this, WIDAC has provided you with sufficient notice of the variation to its Terms.

 

Payment

  • Some advertisements will attract a fee in accordance with the fee schedule that may be provided by WIDAC.
  • Any fee associated with posting an advertisement must be paid to WIDAC in full prior to the publishing of the advertisement on the Site.
  • Payment of any applicable fees associated with advertising on the Site are payable regardless of whether the Advertiser successfully fills the applicable vacancy or receives any response from prospective employees.

 

Intellectual Property Rights

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

 

Limitation of Liability and Disclaimer

  • WIDAC provides no warranty to you that services generally available through the Site will be uninterrupted or error free. To the extent permitted by law, WIDAC, 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 event that WIDAC’s 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.
  • WIDAC 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.
  • WIDAC agrees to use reasonable efforts to publish advertisements in the shortest possible timeframe, however we give no guarantee or warrant that an advertisement will be published by certain time.
  • WIDAC cannot and does not guarantee or warrant to 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 computer viruses or other electronic means that may result in contamination or destruction of your hardware, software or data. You are responsible for implementing sufficient security measures to protect and reconstruct any lost data while accessing the Site.
  • WIDAC acts as an intermediary through which individuals seek employment opportunities. WIDAC 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.
  • WIDAC takes no responsibility for the accuracy of any personal information, representations or other data made to you by any third parties which may be contained in the responses to your advertisements.

 

Changes to the Site

  • WIDAC 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 WIDAC or the Site itself, including but not limited to advertisements on the Site and/or as they are represented on mobile communication devices.
  • WIDAC may at any time cancel and/or remove the advertising functionality from the Site with notice to you. In such case WIDAC will not provide any refunds of fees paid in connection to advertisement previously published on the Site.

 

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 WIDAC 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 WIDAC, 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;
    • You may not assign or transfer any rights and obligations pursuant to these Terms to any other person or entity without WIDAC’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 WIDAC, its officers, employees and agents against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by WIDAC in connection with:
    • any breach of these 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 WIDAC 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 WIDAC’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.
  • You must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to WIDAC without WIDAC’s prior written approval.

 

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 WIDAC 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 WIDAC has otherwise consented to this). This restriction on forwarding personal information applies irrespective of whether you receive direct financial benefit for doing so.
  • Where WIDAC believes that you have misused candidate data for any reason, WIDAC 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);
    • 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 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. WIDAC reserves the right to request any information from you that it deems necessary to verify that a genuine, paid employment opportunity exists.
  • WIDAC reserves the right to reject advertisements for positions located outside of Australia.
  • WIDAC reserves the right to amend, alter or remove any information contained in the submitted advertisement that does not adhere to these Terms.

 

Licence to use data

  • For the avoidance of doubt, the use of personal information of candidates by WIDAC and/or the Advertiser is governed by the Privacy Act 1988 (Cth) and the terms of the relevant privacy policy of WIDAC and/or the Advertiser.
  • The Advertiser hereby grants to WIDAC a perpetual, non-exclusive, irrevocable licence to use any data generated by the Advertiser on the Site in accordance with the terms of WIDAC Privacy Policy.

 

General

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.

 

If a provision of these Terms is unenforceable it shall be read down so as to be enforceable or, if it cannot be read down, such provision shall be severed from these Terms without affecting the enforceability of the remaining terms.

A notice under these Terms must be in writing and handed personally or sent by facsimile, email or prepaid mail to the last known address of the addressee. Notices sent by pre-paid post are deemed to be received upon posting. Notices sent by facsimile or email are deemed received on confirmation of successful transmission.

These Terms are governed by the laws of Queensland. Advertisers irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of Queensland, and waive any objection to legal action being brought in those Courts on the grounds of venue or inconvenient forum.

 

You acknowledge that you have read, understood and accepted the above Terms.