These terms and conditions ("Terms") govern all Advertisers (defined as "Advertiser", "you" and " your") that:
- have placed an advertisement (the relevant ad) on www.eternityjobs.com.au;
- have accessed your Advertiser Account via www.eternityjobs.com.au;
- have been advised that applications submitted in respect of the position advertised in the relevant ad will be stored on your behalf within ETERNITY JOBS's Advertiser Account (the Advertiser Account);
- have utilised any features of the Site or ETERNITY JOBS's Products offered through the Site;
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 ETERNITY JOBS in conjunction with these Terms.
The Site is owned and operated by Bible Society Australia (ABN 85 214 424 729) defined as ("ETERNITY JOBS", "we", "us" and "our").
Your continued use of this Site will be deemed as acceptance of these Terms by you.
Variation of Terms
- ETERNITY JOBS may vary these Terms at any time. If ETERNITY JOBS varies these Terms, it will provide notice by publishing the varied Terms on the Site.
- You accept that by doing this, ETERNITY JOBS has provided you with sufficient notice of the variation to its Terms.
Payment
- All amounts owing to ETERNITY JOBS must be paid with by a valid credit card at the time of purchase.
- You are obliged to pay for the services that ETERNITY JOBS agrees to provide you with regardless of whether you utilise or fully utilise those services. If you do not provide ETERNITY JOBS with the necessary materials or information for ETERNITY JOBS to deliver these services to you, you are still liable to ETERNITY JOBS for full payment.
- ETERNITY JOBS 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 ETERNITY JOBS may disable your account without notice and refuse to supply further services to you.
- You agree that pursuant to the Privacy Act 1988 (Cth), ETERNITY JOBS 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 ETERNITY JOBS may disclose this information to a credit reporting agency or any other interested person.
Intellectual Property Rights
- ETERNITY JOBS retains all intellectual property rights subsisting in any of the goods and services provided to you by ETERNITY JOBS.
Limitation of Liability and Disclaimer
- ETERNITY JOBS 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.
- ETERNITY JOBS 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.
- ETERNITY JOBS agrees to use reasonable efforts to publish advertisements in the shortest possible time.
- ETERNITY JOBS 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.
- ETERNITY JOBS acts as a medium through which individuals seek employment opportunities. ETERNITY JOBS 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
- ETERNITY JOBS 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 ETERNITY JOBS or the Site itself, including but not limited to advertisements on the Site and/or as they are represented on mobile communication devices.
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 ETERNITY JOBS 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 ETERNITY JOBS, the Site users or persons generally;
- if applicable you have complied with your obligation under clause 49 of these Terms.
- You may not assign or transfer any rights and obligations pursuant to these Terms to any other person or entity without ETERNITY JOBS'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 ETERNITY JOBS, its officers, employees and agents against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by ETERNITY JOBS in connection with:
- 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 a consequence of the your advertisement appearing on the Site.
- You agree at all times to deal with any information or products provided by ETERNITY JOBS 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 ETERNITY JOBS's prior written approval.
- You may not use the Site to post any pyramid scheme on the Site and you also 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 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 ETERNITY JOBS without ETERNITY JOBS's prior written approval.
- Any advertisements (including but not limited to Basic Ads and StandoutAds) acquired by you from ETERNITY JOBS must not be on-sold or supplied by you to third parties unless you are a media buyer (as approved by ETERNITY JOBS) 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 ETERNITY JOBS) in conjunction with the advertisements (including but not limited to StandOut Ads and Premium Ads)
- Where you are a job recruiter and in accordance with clause 28(a) on sell or supply advertisements acquired by you from ETERNITY JOBS, 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 either or both of clauses 28(a) and 28(b), then ETERNITY JOBS, in addition to its rights under clause 60, reserves the right to charge you the casual advertiser price for each advertisement, (including Basic Ads and Standout Ads) placed by you on the Site in breach of those clauses.
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 ETERNITY JOBS 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 ETERNITY JOBS has otherwise consented to this). This restriction on forwarding personal information applies irrespective of whether you receive direct financial benefit for doing so.
- ETERNITY JOBS 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 ETERNITY JOBS believes that you have misused candidate data for any reason, ETERNITY JOBS 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) 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 Acts in all applicable States and Territories;
- Privacy Act 1988 (Cth) including the Australian Privacy Principles;
- Estate Agents 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.
- 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 ETERNITY JOBS's job application process;
- within or from a previously approved externally hosted application form;
- within an employer/company profile; or
- within any communications with a candidate via Resume Search
- without ETERNITY JOBS's express written approval which may be granted withheld or withdrawn at ETERNITY JOBS's discretion.
- 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 ETERNITY JOBS's job application process;
- within or from a previously approved externally hosted application form;
- within an employer/company profile; or
- within any communications with a candidate via Resume Search
- without ETERNITY JOBS's express written approval which may be granted withheld or withdrawn at ETERNITY JOBS's discretion.
- You may only post Advertisements to the Site that are in respect of a genuine employment opportunity that is current as at the time of posting the Advertisement, and for which you are currently recruiting. ETERNITY JOBS reserves the right to request any information from you that it deems necessary to verify that a genuine employment opportunity exists.
- You may not post advertisements to the Site to any location outside of Australia without ETERNITY JOBS's express written approval. ETERNITY JOBS reserves the right to charge you our then applicable standard casual rate for any advertisement posted to any such location in breach of this clause.
- 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 ETERNITY JOBS Site. Where Advertisers have breached this obligation and have advertised multiple job roles in the one job advertisement, ETERNITY JOBS reserves the right to charge the Advertiser for the number of job roles advertised in the one job advertisement posted on to the ETERNITY JOBS 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.
- ETERNITY JOBS reserves the right to amend, alter or remove any information that does not meet this requirement.
- ETERNITY JOBS reserves the right and Advertisers must accept as a condition of advertising on the Site, ETERNITY JOBS's right to re-classify advertisements posted to the Site, entitling ETERNITY JOBS to withdraw advertisements from one category of its Site and to re-publish advertisements in another category on the Site.
- Job advertisements are valid for 30 days, although you can choose to expire the advertisement earlier.
- 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;
- refreshing any job posting. Refreshing is the process of deleting and re-posting the same or substantially similar job advertisement;
- posting advertisements on ETERNITY JOBS 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 ETERNITY JOBS 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 ETERNITY JOBS to store and retain all applications submitted in response to the relevant ad within the Advertiser Account, rather than emailing those applications to an external source.
Access
- Your access to the Advertiser Account (and the functionality contained therein) will be via a secure login username and password. The Advertiser is responsible for:
- providing ETERNITY JOBS with the identity and contact details of individuals authorised to access the Advertiser Account on your behalf (authorised users);
- setting authority limits for all authorised users;
- supervising the use of the Advertiser Account by the authorised users, and ensuring that such use is consistent with the guidelines outlined below under the heading 'Use of Advertiser Account'; and
- ensuring that any Password provided to authorised users is kept secure and confidential.
- You are responsible for the use of the Password issued by ETERNITY JOBS to enable users to gain access to the Advertiser Account, 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 the Advertiser Account that breaches these Terms will be deemed a breach of these Terms by you.
- Once access to the Advertiser Account has been granted to you by ETERNITY JOBS, the Advertiser will have access to the Advertiser Account and the functionality therein, unless such access is terminated by us in accordance with these Terms and/or the Additional Terms.
- If your access to the Advertiser Account is terminated for reasons other than fraud or dishonest conduct on your part, ETERNITY JOBS will, within 90 Business Days, forward all applications and associated information stored on your behalf to your nominated email address.
Maintenance
- ETERNITY JOBS will use reasonable endeavours to ensure that the Advertiser Account is available for access by authorised users at all times. Notwithstanding this, ETERNITY JOBS and its third party service providers may be required to undertake maintenance and upkeep of the Advertiser Account from time to time. ETERNITY JOBS will endeavour to limit any 'downtime' to periods outside of standard business hours. ETERNITY JOBS 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 Advertiser Account.
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 is owned by the Advertiser, and not ETERNITY JOBS.
- The Advertiser hereby grants ETERNITY JOBS a perpetual, non-exclusive, irrevocable licence to use any stored 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 for any use subject to the Bible Society Australia privacy policy.
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 Advertiser Account.
General Terms
- ETERNITY JOBS reserves the right to terminate your agreement with ETERNITY JOBS if you post any advertisement or utilise any feature of the Site or ETERNITY JOBS Product in any way which is in breach of any of these Terms or the Product Terms. Further, ETERNITY JOBS reserves the right to, in its absolute discretion, reject 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, and waive any objection to legal action being brought in those Courts on the grounds of venue or inconvenient forum.
Product Terms and Conditions
The following Terms are applicable only where you are purchasing the specified product(s):
For all one off Job Ad products
Your ad is valid for use up to 90 days from the date of purchase. All Job Ads are listed for 30 days, and can be edited free of charge and extended (charges apply).
Standout Ad
Standout ads are shown above other Basic Ads in relevant search results, and are clearly marked as “featured” with a highlight bar on the left border.
Value Plan
The value plan entitles you to access to a 30% discount during the time of an active subscription. This discount will be granted by ways of a unique offer code emailed to your nominated account which must be applied during every individual purchase. The unique offer code is valid for the term of your subscription. The offer code is for your use only and may not be shared with any other party outside of your organisation through both physical and digital transmission - where digital transmission includes but is not limited to mechanisms such as email, SMS, online messaging, public or private forums or message boards, any website, social media account or any other mechanism of sharing.
Billing and cancellation
- Billing Cycle
- The subscription fee and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your membership.
- Unless you cancel your subscription before your monthly billing date, you authorize us to charge your next month's membership fee to your Payment Method (see "Cancellation" below).
- Payment Methods
- Your monthly subscription fee will be charged to the credit card with which you first initiated the subscription with.
- You may update your nominated credit card online using your Advertiser Account or by contacting our customer service team.
- Cancellation
- You may cancel your subscription at any time through your Advertiser Account, and you will continue to have access to the plan benefits through the end of your monthly billing period.
- To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial-month membership periods.
- Changes to the price and subscription plan
- We may change our subscription plan and the price of our service from time to time; however, any price changes or changes to our subscription plan will apply to you no earlier than 30 days following notice to you.
Your monthly subscription also entitles you access to Eternity Jobs Resume Search. The Resume Search site allows advertisers to search, refine and connect with candidates via a candidate’s Eternity Jobs Profile in relation to advertisements placed on the Site.
- An Eternity Jobs Profile is created by a candidate and is a summary of information regarding their career and work history to which they may attach their resume.
- Your access to and use of Resume Search and information contained in Eternity Jobs Profiles is governed by the following Terms and Conditions:
You agree:
- that you will only use:
- the candidate information provided to you pursuant to the use of the Resume Search Connection Methods; and
- for the purposes of the hiring process for the employment opportunity advertised in a Job Advertisement; and
- to at all times deal with any information provided through or accessed from the Eternity Jobs Website or candidates in a manner which abides by all applicable laws of Australia, or of any other relevant jurisdiction (including, without limitation, privacy and copyright laws).
- ETERNITY JOBS reserves the right to deny or remove your access to Eternity Jobs Resume Search for what it determines in its absolute discretion to be improper or incorrect use.
Display Advertising
Display advertising refers to advertising on the Site where an advertiser’s message and/or creative design is shown on a destination page or pages of the Site, set off to the top, bottom or to a side of the content of the page and includes but is not limited to advertising tiles, buttons or banner advertisements.
- The cost of producing artwork for banner advertisements and tiles is not included in standard booking charges. If requested by you, Eternity Jobs can provide creative services to produce banner advertisements and/or tiles in accordance with the Eternity Jobs style guide for which production charges will apply.
- Eternity Jobs reserves the right to, at its discretion, withhold publication on, or remove from, the Site any tile or banner advertisement created by you or on your behalf if it believes that the creative design or copy of such tile or banner advertisement is not appropriate for posting on the Site.
- All banner and tile advertising must comply with Eternity Job’s advertising specifications, which will be provided on request.