Employer Terms and Conditions
These terms and conditions apply to employers and recruiters who use the Website to post job advertisements or to search for Applicants. By registering as an employer or a recruiter, or otherwise using this Website, you accept these terms and conditions. You also agree that your name and email contact details may be added to our newsletter database and that your Personal Information may otherwise be handled in accordance with our Privacy Policy and clause 11 below.
- Registration as an employer or recruiter
- (a) Any person over the age of 18 years may apply to register as an employer or recruiter by completing and submitting the registration application available on the Website.
- (b) You must not share your account with any other person.
- (c) You must ensure that all registration information provided to us is complete and accurate, including your contact details. If this information changes, you must promptly update your account information using the Website.
- (d) We may accept, reject or revoke your registration for any reason. We may also ask you to provide proof of identity.
- (e) Once registered, you must complete an account profile following which you may post job advertisements on the Website (Advertisements) in accordance with these terms and conditions, our Website Terms and Conditions, our Acceptable Use Policy and any procedures notified by us from time to time.
- (f) You must keep your user name and password secret and confidential, and not disclose them to any other person.
- (g) You must immediately notify us if you know or suspect of any unauthorised access to, or disclosure or use of, your user name or password.
- (h) You are solely responsible for all activities that take place under your account or user name.
- (i) You are responsible for obtaining at your own cost all computer software, hardware and communications services required to access or use the Website.
- Vetting and engagement of Applicants
You acknowledge and agree that:
- (a) we are not a recruitment or employment agency;
- (b) we do not vet, endorse or recommend any of the Applicants who register on the Website;
- (c) we do not generally, and we have no obligation to, review or check any information provided by Applicants, including in resumes, although we reserve the right to do so;
- (d) we are not responsible for the quality or performance of any Applicant, or for any acts or omissions of any Applicant, including without limitation any misrepresentation or fraud by an Applicant; and
- (e) you (and the relevant employer if not you) are solely responsible for checking and assessing all information accessible to you on the Website or that is provided to you by any Applicant, and for selecting, interviewing, screening and engaging Applicants in accordance with all applicable Laws.
- Authorisations and compliance
If you are posting an Advertisement and you are not the relevant employer:
- (a) you must be authorised to advertise the position on behalf of the employer;
- (b) you must hold and retain a signed authority from the employer, and any other authorities required by Law, and provide us with a copy if we request it; and
- (c) you must hold all licences required by Law to advertise the job and recruit in the State or Territory in which the advertised job is based.
In addition you must ensure that all Advertisements posted by you on this Website comply with all applicable Laws, including:
- I. 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;
- II. Fair Trading Acts in all applicable States and Territories;
- III. Privacy Act 1988 (Cth) including the Australian Privacy Principles;
- IV. Estate Agents Acts in all applicable States and Territories; and
- V. Human Rights and Equal Opportunity Commission Act 1986 (Cth); and
- VI. all anti-discrimination and equal opportunity legislation applicable in the State or Territory in which you do business.
- Listing Periods
An Advertisement will last for 30 days from the date that it is first posted (Listing Period).
At the end of your Listing Period, if you do not choose to renew the Advertisement, your Advertisement will become inactive. - Managing Advertisements
- (a) You are solely responsible for managing (including creating, changing, classifying, activating, deactivating and updating) your Advertisements. We do not review or approve Advertisements, although we reserve the right to do so and to take appropriate action, including reclassifying, changing, deactivating or removing an Advertisement, if we consider that any Advertisement is contrary to our Website Terms and Conditions or our Acceptable Use Policy, is unlawful, or is otherwise inappropriate.
- (b) You must comply with any reasonable direction we give you in relation to your Advertisement, including reclassifying, deactivating, removing, amending or updating any Advertisement.
- (c) We may include any additional information in or in relation to any Advertisement for any reason we see fit, including to comply with Law and to manage our risk.
- Content of Advertisements
- (a) You may only post Advertisements for currently available real estate industry jobs located in Australia.
- (b) Only one position may be included in each Advertisement.
- (c) You may not use any Advertisement or communications with Applicants to advertise, promote or offer to sell any goods or services (including courses, seminars, training or education programs), other than by including your contact details, your logo and/or the relevant employer’s contact details and logo (if not you).
- (d) Neither Advertisements nor any communications with Applicants may be used to promote the sale of franchise businesses, pyramid schemes, roles that pay a commission only, volunteer positions, unpaid internships, work experience positions or any roles that require Applicants to pay any amount to you or any third party in order to apply for or accept the position (other than amounts payable to third parties for uniforms, safety gear or equipment).
- (e) You must not include any of the following in Advertisements:
- (f) 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 Recon OZ Pty Ltd, the Site users or persons generally;You are responsible for the content of all Advertisements posted by you. This includes:
- (i) verifying and identifying the source of all information posted;
- (ii) obtaining any authorisations and permissions required to upload the information to the Website or to use any third party’s trade marks (including logos and business names), copyright or other intellectual property rights; and
- (iii) taking reasonable steps to ensure that all information is accurate, complete, up-to-date and not false, misleading or deceptive.
- Responsibility for contents of Advertisements
You must ensure that your Advertisements, and your communications with Applicants, do not:
- (a) breach these terms and conditions, any applicable Law, our Website Terms and Conditions or our Acceptable Use Policy;
- (b) contain any content that infringes any third party’s rights including intellectual property rights or moral rights;
- (c) contain information that is:
- (A) false, misleading or deceptive;
- (B) out-of-date or incomplete;
- (C) offensive, abusive, obscene, vulgar, sexually explicit, defamatory, discriminatory, racist, sexist, hateful or menacing;
- (D) likely to incite violence or hatred against any person or class of person;
- (d) contain any personal information unless you have the express written consent of the individual concerned to use and disclose that individual’s personal information;
- (e) breach an obligation of confidence to any person; or
- (f) contain any viruses, worms or other harmful code, or otherwise compromise the security or integrity of the Website.
You must promptly provide us with any information that we request in relation to the content of any of your Advertisements.
We do not warrant, and cannot ensure, the security of any information which you transmit to us or any Applicant, or upload to the Website. All such information and materials are transmitted and uploaded at the risk of you and the relevant employer if not you.
- Fees
Fees for Advertisements will be as specified here from time to time: [insert link to pricing document].
Fees are payable in advance and unless otherwise stated are in Australian dollars and include GST. The Website allows you to pay Fees online using [insert].
We may increase Fees at any time without providing any prior notice. - Acceptable Use Policy
A breach of the Acceptable Use Policy will constitute a breach of these terms and conditions. We have the right to vary the Acceptable Use Policy at any time.
- Licence
You grant us an irrevocable, perpetual, non-exclusive, world-wide, royalty-free, transferable licence to exercise any and all of your intellectual property rights subsisting with respect to any Advertisements, and any other material you upload onto the Website, for the purpose of operating the Website. You agree we also have the right to sublicense for that purpose.
- Privacy
- (a) You consent to us using and disclosing your Personal Information in accordance with our Privacy Policy.
- (b) Without limitation to clause 11(a), you consent to us:
- (i) adding your name and email contact details to our newsletter database;
- (ii) using your Personal Information to send you direct marketing material in relation to our products or services, Associated Entities’ products or services, or the products or services of third parties; and
- (iii) disclosing your Personal Information to our Associated Entities’ and other third parties, in order to facilitate direct marketing by those parties.
- (c) With respect to any personal information that you collect as a result of any Advertisement you post or your access to our Website, including from Applicants, you warrant and represent that you will handle that Personal Information in accordance with the Australian Privacy Principles contained in the Privacy Act 1988 (Cth), including without limitation by:
- (i) not using or disclosing that information other than for the recruitment or employment purpose for which it was collected; and
- (ii) taking reasonable steps to maintain the security of any such information.
- (d) You must not under any circumstances sell any Applicant’s personal information, or use or disclose any Applicant’s personal information for marketing purposes.
- Deactivation and termination
You may deactivate an Advertisement at any time.
We may, in our discretion, deactivate, modify, reclassify or remove any Advertisement or employer/recruiter account at any time, for any reason.
Either party may terminate this agreement at any time by giving written notice to the other party.
Where our agreement with you is terminated for any reason, without limiting our remedies, we will deactivate all of your Advertisements.
We will not refund any Fees with respect to deactivated Advertisements or in the event of termination of this agreement for any reason.
- Disclaimer
To the maximum extent permissible by law, neither we, nor any of our Associated Entities, agents, employees, officers or advisers, will be liable in any way whatsoever to you or any other person for any loss, damage, liability, cost, charge, expense, compensation or outgoing suffered, paid or incurred by that person in connection with any Advertisements, including without limitation because:
- (a) of any negligence in the operation or management of the Website;
- (b) access to the Website by any person is withdrawn, suspended or restricted; or
- (c) of any non-availability or failure of performance or management of the Website including any error, omission, interruption, deletion, defect, failure to correct, delay in operation or transmission, computer virus or other harmful component, communication line failure, or any alteration of, destruction or deletion of, or unauthorised access to, the Website or any part of the Website.
- Limitation of liability
You use this Website at your own risk.
To the extent permissible by law, we:- (a) exclude any implied conditions and warranties (including with respect to quality, merchantability and fitness for purpose);
- (b) exclude consequential, special or indirect loss or damage (including but not limited to loss of opportunity, loss of revenue, loss of data, loss of profits and damage to reputation); and
- (c) limit our liability to you in respect of any claim under or in connection with the Website, any Advertisement and any Applicant, whether the claim is based in contract, tort (including negligence), statute or otherwise, to the sum of AUD$1.00.
- Australian Consumer Law
Nothing in these terms and conditions exclude or limit any guarantees or liability arising under the Australian Consumer Law or any other statute if and to the extent that liability cannot lawfully be excluded.
To the extent that a Consumer Guarantee applies to any services supplied by us, our liability for any non-compliance with the Consumer Guarantee (other than a guarantee for which liability cannot be limited) is limited at our option to one or more of the following:- (a) supplying the services again; and
- (b) payment of the cost of having the services supplied again.
- Indemnity
You must jointly and severally indemnify us and our Associated Entities, agents, employees, officers and advisers (Indemnified Parties) and keep them indemnified, against all claims, actions, judgments, costs, fines, penalties, damages and legal costs (on an indemnity basis) incurred or suffered by an Indemnified Party, however caused in connection with:
- (a) any breach by you of these terms and conditions, our Website Terms and Conditions or of the Acceptable Use Policy;
- (b) your use of the Website;
- (c) the engagement of any Applicant by you (or by any employer on whose behalf you posted a relevant Advertisement);
- (d) any information or material that is:
- (i) uploaded by you onto the Website;
- (ii) included in your Advertisement; or
- (iii) otherwise disclosed by you to any job Applicant; or
- (e) any negligent, unlawful or fraudulent act or omission by you, or any employer that you represent, in relation to an Advertisement.
- Variations
We may make changes to these terms and conditions at any time by publishing revised terms and conditions on the Website. By continuing to access or use the Website, you agree to the terms and conditions as varied.
- Contact and notices
You can contact us for technical support by emailing to [email protected].
Any complaints about Applicants or other employers/recruiters registered on this Website should be sent to [email protected].
You can give us notices under these terms and conditions by sending an email to [email protected], or such other address as we notify you of from time to time.
We may contact you and give you notice using the most recent email contact details you provide as part of your registration. - Entire agreement
These terms and conditions represent the entire agreement between us and you with respect to its subject matter, and supersede all previous representations and agreements made between us and you with respect to its subject matter.
- Severability
Each provision in these terms and conditions will be construed as a separate and severable provision or part and if any provision is void or otherwise unenforceable for any reason, then that provision will be severed and the remainder will be read and construed as if the severable provision had never existed.
If any of these terms and conditions are illegal, void or unenforceable in a jurisdiction, they will, as to that jurisdiction, be ineffective to the extent of the illegality, voidability or unenforceability, but without invalidating the remaining terms and conditions, or affecting the validity or enforceability of that provision in another jurisdiction. - Relationship
We do not have any fiduciary obligations to you. These terms and conditions do not create any relationship of partnership, agency, trust or joint venture between us.
- Governing law
These terms and conditions are governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of that State.
- Force majeure
We will not be liable for any delay or failure to perform any of our obligations where such delay or failure was caused by circumstances beyond our reasonable control.
- Definitions
Acceptable Use Policy means the acceptable use policy for employers published by us from time to time on the Website (if any).
Advertisement has the meaning given in clause 1 of these terms and conditions.
Applicant means any person who registers on this Website as a job applicant, or applies to you for any position the subject of an Advertisement.
Associate has the meaning given in the Corporations Act 2001 (Cth).
Associated Entities means:
(a) any one or more of our affiliates, third parties and associated entities;
(b) the Related Bodies Corporate and Associates of any of the entities.
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Australian Consumer Law means the Australian Consumer Law as contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth).
Consumer Guarantee means a guarantee under the Australian Consumer Law.
Fees means the fees referred to in clause 8 of these terms and conditions.
GST means goods and services tax.
Law includes any law, statute, ordinance, regulation, determination, guideline, code or standard in any Australian jurisdiction.
Listing Period means the period referred to in clause 4 of these terms and conditions.
Personal Information has the meaning given to that term in the Privacy Act 1988 (Cth).
Related Bodies Corporate has the meaning given in the Corporations Act 2001 (Cth).
Website means the website at www.reconjobs.com.au.
We, us and our are references to Recon Oz Pty Ltd ACN 601 487 585 trading as RECONjobs.
You means any person who registers as an employer or recruiter to post Advertisements and/or search for job candidates using the Website, and includes anyone acting on behalf of, or with the express or implied authority of, that person.