The below terms and conditions ("Terms") govern all Advertisers (defined as "Advertiser", "you" and " your") who have placed a job advertisement (the ad) on www.jobtag.com.au; and/or who have utilized any features of the Site or Jobtag’s products; and, who have been advised that applications submitted in respect of the position advertised in the ad will be stored on your behalf within Jobtag’s Server Centre (“MyJobTag”).
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 Jobtag in conjunction with these Terms.
The Site is owned and operated by Jobtag Pty Ltd (ACN 608 317 399) as ("Jobtag", "we", "us" and " our").
Your continued use of this Site will be deemed as acceptance of these Terms and Conditions by you. These Terms will be used in conjunction with the Terms of Business (as issued, agreed and signed by Jobtag and the Advertiser on commencement of conducting business).
Variation of Terms
Jobtag may vary these Terms at any time. Notice of any variations will be provided by publishing the varied Terms on the Site. You accept that by doing this, Jobtag has provided you with sufficient notice of the variation to its Terms.
Intellectual Property Rights
Jobtag retains all intellectual property rights subsisting in any of the goods and services provided to you by Jobtag.
Changes to the Site
Jobtag 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 Jobtag or the Site itself, including but not limited to advertisements on the Site and/or as they are represented on mobile communication devices.
Limitation of Liability and Disclaimer
1. Jobtag 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.
4. Jobtag accepts no responsibility or liability for any errors in your advertisements and you must check your advertisements for errors as soon as they are uploaded/placed on the Site.
8. 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) all files delivered to Jobtag will be free of infection or viruses;
c) advertisements and other works posted on the Site do not breach the intellectual property rights of any third party;
d) you will not use the Site for any illegal purpose;
e) 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, libelous, abusive violent, obscene, invasive of another's privacy, racially or ethnically offensive or otherwise in our opinion objectionable or damaging to Jobtag, the Site users or persons generally;
f) If applicable you have complied with your obligation under clause 38 of these terms.
9. You may not assign or transfer any rights and obligations pursuant to these Terms to any other person or entity without Jobtag'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.
10. You indemnify and will keep indemnified Jobtag, its officers, employees and agents against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by Jobtag in connection with:
a) any breach of these Terms or the Product Terms by you;
b) any negligent act or omission by you;
c) the listing or proposed listing of any advertisement by you on the Site or any related site; or
d) an actual or alleged 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.
11. You agree at all times to deal with any information or products provided by Jobtag 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).
12. 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.
13. You may not use data mining, robots, screen scraping, or any other 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).
14. You may not ask or require any candidate to pay a fee, charge, cost or any money whatsoever to apply for any job advertised on the Site.
15. You may not use the Site to post any pyramid scheme on the Site.
16. 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 Terms of Business (as issued, agreed and signed by Jobtag and the Advertiser on commencement of conducting business).
17. You must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to Jobtag without Jobtag's prior written approval.
a) Any advertisements acquired by you from Jobtag must not be on-sold or supplied by you to third parties unless you are a media buyer (as approved by Jobtag) 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 Jobtag) in conjunction with the advertisements.
b) In accordance with clause 18(a) on sell and supply advertisements, all job recruiter 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.
c) If you breach either or both of clauses 18(a) and 18(b), then Jobtag reserves the right to charge you the casual advertiser price for each advertisement placed by you on the Site in breach of those clauses.
Misuse of candidate data, and on-selling
19. 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.
20. Selling or offering services or products to candidates whose personal information you have obtained through your use of the Site (including job applications received from candidates) is considered by Jobtag to be a misuse of candidate data, and is prohibited.
21. 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 Jobtag has otherwise consented to this). This restriction on forwarding personal information applies irrespective of whether you receive direct financial benefit for doing so.
22. Jobtag 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 Jobtag believes that you have misused candidate data for any reason, Jobtag reserves the right to:
a) 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;
b) 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
c) take legal action against you seeking any number of remedies provided by law, including the award of monetary damages.
23. You must ensure that all video advertisements (and corresponding written job specifications) posted to the Site comply with all applicable legislation, regulations, by-laws, ordinances and codes of conduct, including but not limited to the:
a) Privacy Act 1988 (Cth) including the Australian Privacy Principles;
b) Human Rights and Equal Opportunity Commission Act 1986 (Cth);
c) Anti-discrimination and equal opportunity legislation applicable in the State or Territory in which you do business;
d) Competition and Consumer Act 2010 (Cth)
e) Fair Trading Acts in all applicable States and Territories;
a) copying a job advertisement;
b) reposting an archived or deleted job advertisement;
c) extending a job advertisement 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;
d) 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;
e) posting advertisements on Jobtag 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 Jobtag will count all new/additional job advertisements against your account and will invoice you accordingly.
36. 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.
37. You authorize Jobtag to store and retain all applications submitted in response to the relevant ad, rather than emailing those applications to an external source.
Access to Your ‘MyJobTag’ Dashboard
38. Advertisers on the Site will be required to set up a secure login username and password. This will enable you to access your company dashboard where you will be able to upload job ads, manage candidate applications and access contact details.
39. The Advertiser will be responsible for providing Jobtag with the identity and contact details of individuals authorized to access your dashboard on your behalf (authorized users); setting authority limits for authorized users; supervising the use of the dashboard by the authorized users, and ensuring that such use is consistent with the guidelines outlined below under the heading ‘Use of ‘MyJobTag’ Dashboard’; and, ensuring any password provided to authorized users is kept secure and confidential.
40. The Advertiser is responsible for the use of the password, whether the use is by authorized users or any other person. Any act or omission by an authorized user in respect of the use of the password and/or the use of the dashboard that breaches these terms and conditions will be deemed a breach of these Terms by you.
41. Once access has been authorized to you by Jobtag, the Advertiser will have access to the Site and the functionality therein, unless such access is terminated by us in accordance with these Terms and/or any additional terms.
42. If your access is terminated for reasons other than fraud or dishonest conduct on your behalf, Jobtag will, within 30 business days, forward all applications and associated information stored on your behalf to your nominated email address.
44. At the time of collection of a candidate's personal information (whether from a candidate or from Jobtag), or as soon as practicable thereafter, you warrant to Jobtag that you will:
45. From time to time Jobtag receives requests from candidates regarding personal information collected by Advertisers. Where Jobtag receives such a request from a candidate whose personal information you have received, we will pass such request on to you. You warrant to Jobtag that whenever such request is provided to you, you will promptly and meaningfully respond to such request and will confirm such compliance to us.
46. You agree to indemnify and hold Jobtag harmless against any loss or damage whatsoever that Jobtag may incur, including but not limited to any civil penalties which may be imposed, as a result of:
a) a failure by you to comply with clauses 45 and 46;
b) a breach of the Privacy Act 1988 (Cth) or the Australian Privacy Principles by you; or
c) any indirect contravention of the Privacy Act 1988 (Cth) or the Australian Privacy Principles by Jobtag caused by your non-compliance with clauses 45 and 46.
47. All amounts owing to Jobtag must be paid upon purchase of posting or paid within 14 days of the date of invoice if trading terms have been agreed.
48. You are liable for full payment for the services regardless of whether you utilise or fully utilise the services provided by Jobtag. It is your responsibility to provide Jobtag with the necessary materials or information for Jobtag to deliver these services to you.
Licence to use data
54. 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 is owned by the Advertiser, and not Jobtag.
55. The Advertiser hereby grants Jobtag a perpetual, non-exclusive, irrevocable licence to use any stored data to:
a) manage internal reporting requirements;
b) collate statistical information about use of the Site and submission of online applications;
c) analyse user behaviour on the Site;
d) obtain and analyse high level trends and prepare reports relating thereto; and
e) generally improve the candidate user experience.
Hardware & software
56. 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.
57. Jobtag reserves the right to terminate your agreement with Jobtag if you post any advertisement or utilise any feature of the Site or Jobtag Product in any way which is in breach of any of these Terms or the Terms of Business (as issued, agreed and signed by Jobtag and the Advertiser on commencement of conducting business). Further, Jobtag reserves the right to, in its absolute discretion, reject or remove any advertisement from the Site for any reason.
58. 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.
59. These Terms are governed by the laws of New South Wales. Advertisers irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of NSW, and waive any objection to legal action being brought in those Courts on the grounds of venue or inconvenient forum.
Terms of Business – as issued, agreed and signed by Jobtag and the Advertiser on commencement of conducting business.