These terms and conditions (“Terms”) govern all Advertisers (defined as “Advertiser”, “you” and “your”) that:
• have placed an advertisement (the relevant ad) on www.secureroles.net;
• have been advised that applications submitted in respect of the position advertised in the relevant ad will be stored on your behalf within SecureRoles’ site;
• have utilised any features of the Site or SecureRoles’ Products offered through the Site; and
• have utilised any features of any SecureRoles 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 SecureRoles in conjunction with these Terms.
If you have elected to also acquire or utilise Premium products and services these Terms are to be read in conjunction with, and incorporate, the Product Terms (including the Candidate Search Terms and Conditions).
If you have elected to utilise any APIs offered by SecureRoles such as our XML Job Feed either directly or via a Partner, these terms are to be read in conjunction with and incorporate the SecureRoles terms and conditions.
The Site is owned and operated by the SecurePeople Group Inc., defined as (“SecurePeople”, “we”, “us” and “our”).
Your continued use of this Site will be deemed as acceptance of these Terms by you.
VARIATION OF TERMS.
SecureRoles may vary these Terms at any time. If SecureRoles varies these Terms, it will provide notice by publishing the varied Terms on the Site.
You accept that by doing this, SecureRoles 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.
If invoiced, all amounts owing to SecureRoles must be paid within 7 days of the date of invoice.
You are obliged to pay for the services that SecureRoles agrees to provide you with regardless of whether you utilise or fully utilise those services. If you do not provide SecureRoles with the necessary materials or information for SecureRoles to deliver these services to you, you are still liable to SecureRoles 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 SecureRoles payment amount. The rates are the same that SecureRoles is charged by American Express and Diners Club.
SecureRoles 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 SecureRoles may disable your account without notice and refuse to supply further services to you.
You agree that pursuant to the Privacy Act 1988 (Cth), SecureRoles 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 SecureRoles may disclose this information to a credit reporting agency or interested persons as reasonably necessary.
INTELLECTUAL PROPERTY RIGHTS.
SecureRoles retains all intellectual property rights subsisting in any of the goods and services provided to you by SecureRoles.
LIMITATION OF LIABILITY AND DISCLAIMER.
SecureRoles 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.
SecureRoles 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.
SecureRoles agrees to use reasonable efforts to publish advertisements in the shortest possible time.
SecureRoles 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.
SecureRoles acts as a medium through which individuals seek employment opportunities. SecureRoles 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.
SecureRoles 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 SecureRoles 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, SecureRoles will endeavour to consider exceptionally detrimental consequences such alterations may cause you.
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 SecureRoles 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 SecureRoles, 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 SecureRoles’ APIs, either directly or via a Partner,
• that Partner’s access to the Site or a SecureRoles API has been notified to, and approved by, SecureRoles;
• SecureRoles 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 your data security obligations contained in our Data Security Terms of Compliance Agreement (DSTCA); and
• a breach of these Terms (including the Product Terms and/or the DSTCA as the case may be) by that Partner will be deemed to be a breach of the relevant Terms by you and SecureRoles 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);
• You may not assign or transfer any rights and obligations pursuant to these Terms to any other person or entity without SecureRoles’ 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 SecureRoles, its officers, employees and agents against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by SecureRoles 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 SecureRoles 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 SecureRoles’ 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 SecureRoles without SecureRoles’ prior written approval.
Any advertisements acquired by you from SecureRoles must not be on-sold or supplied by you to third parties unless you are a media buyer (as approved by SecureRoles) 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 SecureRoles) in conjunction with the advertisements.
Where you are a job recruiter and on sell or supply advertisements acquired by you from SecureRoles, 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 certain clauses under this Agreement then SecureRoles, in addition to its existing rights under this Agreement, reserves the right to charge you the casual advertiser price for each advertisement, placed by you on the Site in breach of those clauses.
MIS-USE 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 SecureRoles 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 SecureRoles has otherwise consented to this). This restriction on forwarding personal information applies irrespective of whether you receive direct financial benefit for doing so.
SecureRoles 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 SecureRoles believes that you have misused candidate data for any reason, SecureRoles 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.
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 SecureRoles must not by any means disregard or preclude applications submitted via SecureRoles, 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 SecureRoles’ job application process;
• within or from a previously approved externally hosted application form; or
• within any communications with a candidate.
• 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 SecureRoles’ 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. SecureRoles reserves the right to request any information from you that it deems necessary to verify that a genuine, paid employment opportunity exists.
SecureRoles reserves the right to reject any advertisements.
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 SecureRoles Site. Where Advertisers have breached this obligation and have advertised multiple job roles in the one job advertisement, SecureRoles reserves the right to charge the Advertiser for the number of job roles advertised in the one job advertisement posted on to the SecureRoles 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. SecureRoles reserves the right to amend, alter or remove any information that does not meet this requirement.
SecureRoles reserves the right and Advertisers must accept as a condition of advertising on the Site, SecureRoles’s right to re-classify advertisements posted to the Site, entitling SecureRoles 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.
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 SecureRoles 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 SecureRoles 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.
AUTHORITY TO STORE AND RETAIN APPLICATIONS.
You expressly authorise SecureRoles to store and retain all applications submitted in response to the relevant ad on the Site, rather than emailing those applications to an external source.
Your access to our Site (and the functionality contained therein) will be via a secure login username and password (the Password).
The Advertiser is responsible for:
• providing SecureRoles 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 Site Password to enable users to gain access to the our Site, 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 our Site that breaches these Terms will be deemed a breach of these Terms by you.
Once access to the Site has been granted to you by SecureRoles, the Advertiser will have access to various Advertiser functionality, unless such access is terminated by us in accordance with these Terms and/or the Additional Terms.
If your access to the Site is terminated for reasons other than fraud or dishonest conduct on your part, SecureRoles will, within 20 Business Days, forward all applications and associated information stored on your behalf to your nominated email address.
SecureRoles will use reasonable endeavours to ensure that the Site is available for access by authorised users at all times. Notwithstanding this, SecureRoles and its third party service providers may be required to undertake maintenance and upkeep of the Site from time to time. SecureRoles will endeavour to limit any ‘downtime’ to periods outside of standard business hours. SecureRoles 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.
IF YOU ARE A PRIVATE ADVERTISER.
At the time of collection of a candidate’s personal information (whether from a candidate or from SecureRoles), or as soon as practicable thereafter, you warrant to SecureRoles that you will:
From time to time SecureRoles receives requests from candidates regarding personal information collected by Advertisers. Where SecureRoles receives such a request from a candidate whose personal information you have received, we will pass such request on to you. You warrant to SecureRoles 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 SecureRoles harmless against any loss or damage whatsoever that SecureRoles 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 this agreement;
• 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 SecureRoles caused by your non-compliance.
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 SecureRoles.
The Advertiser hereby grants to SecureRoles and SecureRoles’ 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.
SecureRoles may use any data relating to the Advertiser’s use of, or engagement with the Site and/or the Advertiser’s use of SecureRoles’ products and services (Ancillary Data) for any purpose it sees fit, unless such Ancillary Data would reasonably be considered confidential in nature. SecureRoles 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 Site.
SecureRoles reserves the right to terminate your agreement with SecureRoles if you post any advertisement or utilise any feature of the Site or SecureRoles Product in any way which is in breach of any of these Terms or the Product Terms.
SecureRoles 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 New South Wales. Advertisers irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of New South Wales, Australia, and waive any objection to legal action being brought in those Courts on the grounds of venue or inconvenient forum.