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  Terms & Conditions

Please read this agreement carefully before accessing or using the information and services available through the Community Service Appointments website ("Site"). By accessing or using the Site, you agree to be bound by the terms and conditions below. As proprietor of the Site Pathways Australia Pty Ltd may modify this agreement at any time, and such modifications shall be effective immediately upon posting the modified agreement on the Site. These terms and conditions must be accepted and adhered to by Advertisers who use Pathways Australia Pty Ltd's services and the Site. Pathways Australia Pty Ltd also has a comprehensive privacy policy for users of the Site.

Copyright and trademarks

Copyright in the material and trademarks on this Site are owned by Pathways Australia Pty Ltd Limited ABN 31 097 599 785 ("Pathways Australia Pty Ltd") unless otherwise indicated and you agree not to infringe any intellectual property rights owned by Pathways Australia Pty Ltd.

Information for personal, non-commercial use only

You agree that information contained on this Site is for personal use only and may not be sold, redistributed or used for any commercial purpose (this includes but is not limited to the use of Advertiser contact details for unsolicited commercial correspondence). You may download material from this Site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.

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 must not use this Site for any purpose that is unlawful or prohibited by these terms of use.

You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on this Site for establishing, maintaining, advancing or reproducing information contained on our Site on your own website or in any other publication, except with our prior written consent.

Information does not represent professional advice

You acknowledge and agree that information published by Pathways Australia Pty Ltd is intended to provide general information in summary form on legal and other issues.

Pathways Australia Pty Ltd does not endorse or recommend any of the jobs, business or self-employment opportunities advertised on its Site and Pathways Australia Pty Ltd strongly recommends that prior to entering into any agreement with any of the Advertisers on the Site, that you obtain your own independent legal, accounting, financial or taxation advice as appropriate. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Site or on the Internet generally.

In no event will Pathways Australia Pty Ltd be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any information contained on or omitted from the Site.

No guarantees of job vacancy

Pathways Australia Pty Ltd gives no guarantee to you of the continued availability of any particular job advertised on the Site and will not be liable to you should an advertiser have filled the vacancy at any time prior to removal of the advertisement from the Site.

Whilst Pathways Australia Pty Ltd takes efforts to ensure that jobs advertised are for actual job vacancies, it gives no guarantee to you that every job advertisement represents an actual job vacancy.

No guarantees or endorsements of sites or services we link to or that link to us

Pathways Australia Pty Ltd provides links and pointers to Internet sites maintained by third parties from its Site. Such linked sites are not under the control of Pathways Australia Pty Ltd and Pathways Australia Pty Ltd is not responsible for the contents (including the accuracy, legality or decency) of any linked site or any link contained in a linked site. Pathways Australia Pty Ltd is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Pathways Australia Pty Ltd of the linked site. Pathways Australia Pty Ltd is not responsible for the copyright compliance of any linked site. Pathways Australia Pty Ltd will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party.

No guarantees as to the service

Pathways Australia Pty Ltd provides no warranty to you that the services generally available through its Site will be uninterrupted or error-free or that defects in the service will be corrected. You also understand that Pathways Australia Pty Ltd 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 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.

Our rights to use information you send us

Pathways Australia Pty Ltd welcomes ideas and feedback from you about all aspects of the Site. You agree that Pathways Australia Pty Ltd may reproduce, distribute, transmit, create derivative works of, and publicly display any materials and other information (including ideas for new or improved products and services) that you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by email to Pathways Australia Pty Ltd. (Please read our privacy policy for more information as to how we deal with information you send to us.)

No guarantees as to security of your information

While Pathways Australia Pty Ltd takes all due care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the Internet or while stored on Pathways Australia Pty Ltd systems or on Pathways Australia Pty Ltd's Site. Pathways Australia Pty Ltd disclaims all liability to you to the greatest extent possible pursuant to law should this occur.

Your responsibility for your password and login

To become a registered user, you must provide a password and a login name. You are entirely responsible if you do not maintain the confidentiality of your password and login name. Furthermore, you are entirely responsible for any and all activities that occur under your login name. You may change your password at any time by following instructions. You may also change your login by contacting customer service. You may also delete services attached to your registration at your convenience.

You agree to immediately notify Pathways Australia Pty Ltd of any unauthorised use of your login name or any other breach of security known to you.

No misrepresentations allowed

You agree that it is a condition on your use of the Community Service Appointments Site and of any other services provided by Pathways Australia Pty Ltd or through the Site that you will not through any act or omission (including but not limited to creating a profile on the community Service Appointments mislead or deceive others.

General provisions

If any part of this agreement is held invalid that part shall be severed from this agreement and the remainder of this agreement will continue to be valid and enforceable.

Termination of this agreement will not end those provisions that are capable of surviving the ending of this agreement.

The laws governing this agreement will be the laws in Victoria, Australia and you irrevocably submit to the exclusive jurisdiction of its Courts and its Appellate Courts and the jurisdiction of the Federal Court of Australia sitting in Victoria.

For the purposes of this agreement the words "Pathways Australia Pty Ltd", "We", "Our" and "Us" refer to Pathways Australia Pty Ltd Limited and "Site" to materials delivered on www.csappointments.com.au and other co-branded versions of the site.

Advertising Terms of Use

These terms and conditions (“Terms”) govern all Advertisers (defined as “Advertiser”, “you” and “your”) that:

have placed an advertisement (the relevant ad) on www.csappointments.com.au (the Site); and

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 Pathways Australia Pty Ltd, ABN 31 097 599 785 as proprietor of this site in conjunction with these Terms.

The Site is owned and operated by Pathways Australia Pty Ltd Limited (ABN 46 080 075 314) defined as ("Pathways Australia Pty Ltd ", “we”, “us” and “our”).

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

Variation of Terms

1.Pathways Australia Pty Ltd may vary these Terms at any time. If Pathways Australia Pty Ltd varies these Terms, it will provide notice by publishing the varied Terms on the Site.

2.You accept that by doing this, Pathways Australia Pty Ltd has provided you with sufficient notice of the variation to its Terms.

Payment

3.All amounts owing to Pathways Australia Pty Ltd must be paid within 14 days of the date of invoice.

4.You are obliged to pay for the services that Pathways Australia Pty Ltd agrees to provide you with regardless of whether you utilise or fully utilise those services. If you do not provide Pathways Australia Pty Ltd with the necessary materials or information for Pathways Australia Pty Ltd to deliver these services to you, you are still liable to Pathways Australia Pty Ltd for full payment.

5.Pathways Australia Pty Ltd 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.

6.If you do not pay your account on time Pathways Australia Pty Ltd may disable your account without notice and refuse to supply further services to you.

7.You agree that pursuant to the Privacy Act 1988 (Cth), Pathways Australia Pty Ltd 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.

8.You agree that Pathways Australia Pty Ltd may disclose this information to a credit reporting agency or any other interested person.

Intellectual Property Rights

9.Pathways Australia Pty Ltd retains all intellectual property rights subsisting in any of the goods and services provided to you by Pathways Australia Pty Ltd.

Limitation of Liability and Disclaimer

10.Pathways Australia Pty Ltd 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.

11.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.

12.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.

13.Pathways Australia Pty Ltd 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. Pathways Australia Pty Ltd agrees to use reasonable efforts to publish advertisements in the shortest possible time.

14.Pathways Australia Pty Ltd 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 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.

15.Pathways Australia Pty Ltd acts as a medium through which individuals seek employment opportunities. Pathways Australia Pty Ltd does not vet, nor is it responsible for vetting, job candidates or the representations made by them whether oral or in writing - including those representations appearing in job candidates’ resumes.

Changes to the Site

16.Pathways Australia Pty Ltd 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 Pathways Australia Pty Ltd 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

17.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.advertisements and other works posted on the Site do not breach the intellectual property rights of any third party;

c.all files delivered to Pathways Australia Pty Ltd will be free of infection or viruses;

d.you will not use the Site for any illegal purpose; and

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, libellous, abusive violent, obscene, invasive of another’s privacy, racially or ethnically offensive or otherwise in our opinion objectionable or damaging to Pathways Australia Pty Ltd, the Site users or persons generally.

f.if you have engaged a third party provider to obtain data and/or obtain services from the Site on your behalf, you understand that a breach of these Terms by that provider will be deemed to be a breach of these Terms by you, and Pathways Australia Pty Ltd will have the right to take action against you on account of that breach (even if you had no knowledge of, and no involvement in, the said breach).

18.You may not assign or transfer any rights and obligations pursuant to these Terms to any other person or entity without Pathways Australia Pty Ltd’s prior written approval (which will not be unreasonably withheld). If you are an incorporated body, any change in your effective control shall be deemed an assignment for the purpose of this clause.

19.You indemnify and will keep indemnified Pathways Australia Pty Ltd , its officers, employees and agents against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by Pathways Australia Pty Ltd 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 a consequence of the advertisement appearing on the Site.

20.You agree at all times to deal with any information or products provided by Pathways Australia Pty Ltd 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).

21.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.

22.You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on this Site for establishing, maintaining, advancing or reproducing information contained on our Site on another website or in any other publication, without Pathways Australia Pty Ltd’s prior written approval.

23.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.

24.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 about the specific vacancy to which they have applied. Resume database tools may only be used to communicate with candidates about specific vacancies which match your preferences.

25.You must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to Pathways Australia Pty Ltd without Pathways Australia Pty Ltd’s prior written approval.

26.

a.Where you are a job recruiter and in accordance with Clause 27(a) on sell or supply advertisements acquired by you from Pathways Australia Pty Ltd , 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.

b.If you breach either or both of Clauses 27(a) and 27(b), then Pathways Australia Pty Ltd , in addition to its rights under Clause 51, reserves the right to charge you the casual advertiser price for each advertisement, placed by you on the Site in breach of those Clauses.

Placing Advertisements

27.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:

a.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;

b.Fair Trading Acts in all applicable States and Territories;

c.Privacy Act 1988 (Cth) including the National Privacy Principles;

d.Estate Agents Acts in all applicable States and Territories; and

e.Human Rights and Equal Opportunity Commission Act 1986 (Cth); and

f.all anti-discrimination and equal opportunity legislation applicable in the State or Territory in which you do business.

28.You must adhere to the principles of truth in advertising set out in the RCSA's Code For Professional Practice.

29.You are not permitted to insert links to an external website or an externally hosted application form:

a.within the details of a job ad (including from the apply functions);

b.from within Pathways Australia Pty Ltd 's job application process;

c.within or from a previously approved externally hosted application form; or

d.within an employer/company profile;

Without Pathways Australia Pty Ltd 's express written approval which may be granted withheld or withdrawn at Pathways Australia Pty Ltd 's discretion.

30.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),;

a.within the details of a job ad (including from the apply functions);

b.from within Pathways Australia Pty Ltd 's job application process;

c.within or from a previously approved externally hosted application form; or

d.within an employer/company profile

Without Pathways Australia Pty Ltd 's express written approval which may be granted withheld or withdrawn at Pathways Australia Pty Ltd 's discretion.

31.You may not post advertisements to the Site to any location outside of Australia without Pathways Australia Pty Ltd’s express written approval. Pathways Australia Pty Ltd 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.

32.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.

33.Advertisers acknowledge and agree that they must only advertise one job role per job advertisement posted on to the Pathways Australia Pty Ltd Site. Where Advertisers have breached this obligation and have advertised multiple job roles in the one job advertisement, Pathways Australia Pty Ltd reserves the right to charge the Advertiser for the number of job roles advertised in the one job advertisement posted on to the Pathways Australia Pty Ltd Site.

34.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. Pathways Australia Pty Ltd reserves the right to amend, alter or remove any information that does not meet this requirement.

35.Pathways Australia Pty Ltd reserves the right and Advertisers must accept as a condition of advertising on the Site, Pathways Australia Pty Ltd’s right to re-classify advertisements posted to the Site, entitling Pathways Australia Pty Ltd to withdraw advertisements from one category of its Site and to re-publish advertisements in another category on the Site.

36.Standard job advertisements are valid for 30 days, although you can choose to expire the advertisement earlier.

37.The following actions constitute a new/additional job advertisement:

a.copying a job advertisement;

b.reposting an archived or deleted job advertisement;

c.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;

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 the site 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 Pathways Australia Pty Ltd will count all new/additional job advertisements against your account and will invoice you accordingly.

38.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

39.You expressly authorise Pathways Australia Pty Ltd to store and retain all applications submitted in response to the relevant ad within the Advertiser Centre, rather than emailing those applications to an external source.

Access

40.Your access to the site (and the functionality contained therein) will be via a secure login username and password issued to you by Pathways Australia Pty Ltd (the Password). The Advertiser is responsible for:

•providing Pathways Australia Pty Ltd with the identity and contact details of individuals authorised to access the site on your behalf (authorised users);

•setting authority limits for all authorised users;

•supervising the use of the site 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 Password issued by Pathways Australia Pty Ltd to enable users to gain access to the Advertiser Centre, 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 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 Pathways Australia Pty Ltd, 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 the Product Terms.

If your access to the site is terminated for reasons other than fraud or dishonest conduct on your part, Pathways Australia Pty Ltd will, within 20 Business Days, forward all applications and associated information stored on your behalf to your nominated email address.

Maintenance

Pathways Australia Pty Ltd will use reasonable endeavours to ensure that the sites available for access by authorised users at all times. Notwithstanding this, Pathways Australia Pty Ltd and its third party service providers may be required to undertake maintenance and upkeep of the site from time to time. Pathways Australia Pty Ltd will endeavour to limit any ‘downtime’ to periods outside of standard business hours. Pathways Australia Pty Ltd 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 Centre.

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 Pathways Australia Pty Ltd.

The Advertiser hereby grants Pathways Australia Pty Ltd a perpetual, non-exclusive, irrevocable licence to use any stored data to:

omanage internal reporting requirements;

ocollate statistical information about use of the Site and submission of online applications;

oanalyse user behaviour on the Site;

oobtain and analyse high level trends and prepare reports relating thereto; and

ogenerally improve the job seeker user experience.

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.

General Terms

Pathways Australia Pty Ltd reserves the right to terminate your agreement with Pathways Australia Pty Ltd if you post any advertisement that may be in breach of any of these Terms or the Product Terms. Further, Pathways Australia Pty Ltd 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 Victoria. Advertisers irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of Victoria, and waive any objection to legal action being brought in those Courts on the grounds of venue or inconvenient forum.



 
 
 
 
 
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