Overview

This page states the terms of use (“Terms”) under which you (“You”) may use Christian Jobs Pty Ltd employment websites and app (collectively, “our websites and app”). Please read them carefully as they affect Your rights and liabilities under the law. If You do not agree to these Terms, please do not register for an account, or use our websites or app. These Terms are effective on the date they are published on our websites and app.

1. Binding Agreement and Variations

a. Our websites and app are provided to you for your use subject to these Terms. These Terms form a binding agreement between you and Christian Jobs Pty Ltd (ACN: 76169581793). By accessing or using our websites and app you agree to accept and be bound by these Terms.

b. We may update these Terms from time to time and the updated version will apply to you. Our current Terms will be accessible through our websites and app.

c. If we reasonably believe that changes to these Terms will be materially detrimental to Users, we will provide a notice on our websites and / or app 30 days prior to the changes taking effect.

d. If you do not wish to accept the new Terms, you should not continue to use our websites or app. If you continue to use our websites and app, your use will indicate your agreement to be bound by the new Terms.

2. Registration

a. To register an account on our websites and app you must be capable of entering into a legally binding contract in the country in which you live.

b. You must ensure that the details provided by you to us on registration (or at any time) are correct and complete.

c. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details so that we can communicate with you effectively.

3. Password and Security

a. When you register an account through our websites and app you will be asked to create a password. In order to prevent fraud, you must keep your Login Details confidential and must not disclose them or share them with anyone. You agree to immediately notify us of any unauthorised use of your Login Details or any other breach of security that is relevant to us.

b. If we have reason to believe that there is likely to be a breach of security or misuse of our websites and app, we may require you to change your Login Details or we may suspend your account.

c. You are entirely responsible if you do not maintain the confidentiality of your Login Details. Furthermore, you are entirely responsible for any and all activities that occur within or through your account. You may change your password at any time by following the instructions in your profile. You may also delete services attached to your registration at your convenience.

d. If you do not maintain the confidentiality of your Login Details:

· all resulting direct losses or damage incurred by us or you shall be borne by you; and

· you shall fully indemnify us for any loss or damage suffered by us as a direct result of your Login Details being compromised, except to the extent we contributed to any such loss or damage.

4. Intellectual Property

a. Christian Jobs Pty Ltd owns all intellectual property rights associated with our websites and app. Subject to the below paragraph, Christian Jobs Pty Ltd retains all intellectual property rights in our websites and app.

b. We do not own any pre-existing intellectual property owned by you (an example of which may be your company logo). However, you agree to provide us with a perpetual, non-transferable, royalty free licence to use your intellectual property in the products and services we provide (or make available) to you. If you withdraw this licence, we may be unable to provide certain products and services to you.

c. Unless otherwise expressly permitted by us, the materials and Content on our websites and app must only be used for your personal, non-commercial purposes. You must keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for non-personal or commercial purposes any of the materials or Content on our websites and app without prior written permission from us.

d. We welcome ideas and feedback from you about all aspects of our websites and app. You agree that we 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 our websites and app (such as bulletin boards, forums and newsgroups) or directly to us (e.g. by email). You understand that you will not be compensated for your ideas and feedback, even if we subsequently make changes to our websites and app (including products and services) following receipt of your ideas and feedback. If required by law, you will formally transfer any intellectual property or other rights in your ideas and feedback to us for nominal consideration.

5. Availability of our Web Sites and Apps

a. Although we aim to offer you the best service possible, we make no promise that our websites and app will meet your requirements.

b. We cannot guarantee that our websites and app will be uninterrupted, fault-free, error-free, or that our websites and app and servers are free of viruses or other harmful mechanisms. If a fault occurs with our websites and app you should report it to us and we will attempt to correct the fault as soon as we can.

c. Your access to our websites and app may be occasionally restricted to allow for repairs, maintenance or the introduction of new content, facilities or services. We will attempt to restore access and/or service as soon as we reasonably can.

d. You also understand that we cannot and do not guarantee or warrant to you that files available for downloading through our websites and app or delivered via electronic mail through our websites and app 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 our websites and app for the reconstruction of any lost data.

6. Your use of our Websites and App

a. We hereby grant you a limited, terminable, non-exclusive right to access and use our websites and app only for your personal use and/or employment purposes.

b. You may not use our websites and app for any of the following purposes:

disseminating any unlawful, illegally discriminatory, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;

aggregating, copying or duplicating in any manner any of the Content or information available from any of our websites and app, including expired job postings;

reproducing any of the Content for general use;

link to any Content or information available from any of our websites and app unless we permit otherwise;

transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or codes of practice;

interfering with any other person’s use or enjoyment of our websites and app; or

making, transmitting, or storing electronic copies of materials protected by copyright without the permission of the owner.

c. You agree not to resell or assign your rights or obligations under these Terms. You also agree not to make any unauthorised commercial use of our websites and app.

d. You may not use data mining, robots, screen scraping, or similar automated data gathering, extraction or publication tools on our websites and app (including without limitation for the purposes of establishing, maintaining, advancing or reproducing information contained on our websites and app on your own websites or in any other publication), except with our prior written consent.

7. Your use of our Services

All Users agree to not:

a. transmit, post, distribute, store or destroy material, including without limitation Content, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information, or in breach of our Privacy Policy;

b. violate or attempt to violate the security of any of our websites and app, including, without limitation, accessing data not intended for them or logging into a server or account which they are not authorised to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication measures without proper authorisation, attempting to interfere with service to any user, host or network or sending unsolicited e-mails, including promotions and/or advertisements for products or services. Violations of system or network security may result in civil and/or criminal liability. We will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

c. reverse engineer or decompile any parts of any of our websites and app.

d. aggregate, copy or duplicate in any matter any of the Content or information available from any of our websites and app, including expired job postings, other than as permitted by these Terms or another agreement we have with you;

e. post any content or material that facilitates, promotes or endorses scams, false or misleading information or illegal activities, OR endorses or provides instructional information about illegal activities or other activities prohibited by these Terms, such as making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating media, OR promotes or endorses any political views;

f. post any profile, resume or apply for any job on behalf of another party;

g. share with a third party any login credentials to any of our websites and app;

h. access data not intended for you or logging into a server or account which you are not authorised to access;

i. post or submit to our websites or app any inaccurate, incomplete, misleading, false, not up to date biographical information or information which is not your own;

j. post content that contains restricted or password-only access pages, or hidden pages or images;

k. solicit Login Details from other Users;

l. delete or alter any material posted by any other person or entity;

m. harass, incite harassment or advocate harassment of any group, company or individual;

n. send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting and/or advertising products or services to any User, or contact any Users that have specifically requested not to be contacted by you;

o. attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to our websites and app, overloading, “flooding”, “spamming”, “mailbombing”, or “crashing” (or similar activity);

p. use our Services for any unlawful purpose or illegal activity, or post or submit any content, profile, resume, or job posting that is defamatory, libellous, implicitly or explicitly offensive, vulgar, obscene, threatening, harassing, abusive, hateful, racist, illegally discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined at our discretion; or

q. post any profile or resume which is not a genuine profile or resume and which attempts to advertise or promote products or services.

8 Additional Terms applicable to Job Seekers

a. If you are a Candidate, this section applies to you.

b. We hereby grant you a limited, terminable, non-exclusive right to access and use our websites and app only for your personal use seeking employment opportunities for yourself. This authorises you to view and download a single copy of the Content or material on our websites and app solely for your personal, non-commercial use.

c. When you register with our websites and app, you will be asked to create an account and provide us with certain information including a valid email address.

d. Any Profile you submit must be accurate, complete, up to date and not misleading. The Profile requires standard fields to be completed by you. You may not impersonate another person, living or dead.

e. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any Profile and resume or material contained therein placed by you on our websites and app.

f. You acknowledge and agree that you are solely responsible for any consequences arising from the creation of your account and the use of our websites and app.

g. We reserve the right to offer third party services and products to you based on the preferences that you identify in your registration (or any time thereafter) or where you have agreed to receive such offers.

h. Please see our Privacy Policy for further details regarding your personal information / data. Please note, as set forth in the our Privacy Policy, we may collect certain User information and may contact Users periodically in accordance with the terms of our Privacy Policy. In addition, we reserve the right to comply, in our sole discretion, with legal requirements, requests from law enforcement agencies or requests from government entities, even to the extent that such compliance may require disclosure of certain User information. In addition, third parties may retain cached copies of User information.

i. You understand and acknowledge that all information provided by you, your Profile, resume, and/or other account information shall be disclosed to prospective Employers when you apply for a role. Your information may also be searchable by Employers via our Talent Search functionality – please refer to our Privacy Policy for further information, including how to adjust your visibility settings.

j. You understand and acknowledge that you have no ownership rights in your account and that if you cancel your account or your account is terminated, all your account information, including your Profile, resumes, cover letters, saved jobs, will be marked as deleted in and may be deleted from our Databases and will be removed from any public area of our websites and app. Information may continue to be available for some period of time because of delays in propagating such deletion through our web servers. In addition, third parties may retain saved copies of your information and Employers may still have access to your previously submitted applications through our websites and app for a period of time.

k. We reserve the right to delete your account and all of your information after a significant duration of inactivity.

l. We give no guarantee to you of the continued availability of any particular job advertised on our websites and app and will not be liable to you should an Advertiser have filled the vacancy at any time prior to removal of the advertisement from our websites and app. While we take efforts to ensure that jobs advertised are for actual job vacancies, we give no guarantee to you that every job advertisement represents an actual job vacancy.

9 User Content and Submissions

a. You understand that all User Content is the sole responsibility of the person from which such User Content originated.

b. You understand and acknowledge that all information provided by you, your Profile, resume, and/or account information shall be stored in our Databases.

c. You understand, acknowledge and consent that all information provided by you, your Profile, resume, and/or account information may be transferred to countries outside of your location for the purposes of storing and/or processing. Please see our Privacy Policy for further details.

d. By submitting, posting or displaying User Content on or through our websites and app, you grant us, subject to your privacy setting and applicable laws, a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content through our websites and app. We will discontinue this licensed use within a commercially reasonable period after such User Content is removed from our websites and app. We reserve the right to refuse to accept, post, display or transmit any User Content in our sole discretion.

e. If you post User Content in any public area in either of our websites or app, you also permit any User to access, view, store and reproduce such User Content for personal use.

f. We may review and remove any User Content that, in our sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of either our websites or app. We reserve the right to expel Users and prevent their further access to our websites and app and/or use of our Services for violating the Terms or applicable laws, rules or regulations. We may take any action with respect to User Content that we deem necessary or appropriate in our sole discretion if we believe that such User Content could create liability for us, damage our brand or public image, or cause us to lose Users.

g. We do not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by Users nor do we endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.

10. Our right to suspend or cancel your account registration

a. We may suspend your Job Seeker account registration immediately at our reasonable discretion if we reasonably believe you are engaging in unlawful or inappropriate conduct while using our websites and we may cancel your Job Seeker account registration if you breach any of your obligations under these Terms and fail to remedy such breach within 14 days of us notifying you.

b. You can cancel your Job Seeker account registration at any time.

c. The suspension or cancellation of your Job Seeker account registration and your right to use our websites and app shall not affect either party’s statutory rights or liabilities.

d. If you have an employer account with us, the Advertising Terms of Use determine the circumstances in which we can suspend or cancel your account.

11. Term and Termination

a. These Terms will remain in full force and effect while you are a User of our websites or app.

b. We reserve the right, at our sole discretion, to pursue all of our legal remedies, if you breach these Terms. This may include, but is not limited to:

removal of your User Content from our websites and app;

immediate termination of your Job Seeker account registration;

removing or restricting your access to our websites and app and/or any of our Services.

c. Even after you are no longer a User of our websites and app, provisions of these Terms that are capable of surviving will remain in effect.

12. Our liability

a. Our websites and app (which includes our Services) act primarily as venues for:

Employers or their agents to post job opportunities and search for and evaluate Job Seekers;

Job Seekers to create Profiles and search for, evaluate and apply to job opportunities; and

Advertisers to post their advertisements.

b. To the maximum extent permitted by law, we are not responsible for User Content, the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of Employers to offer job opportunities to Job Seekers or the ability of Job Seekers to fill job openings and we make no representations about any jobs, Profiles, resumes or User Content on our websites or app.

c. We do not endorse or recommend any of the jobs, business or self-employment opportunities advertised on our websites and app and we strongly recommend that prior to entering into any agreement with any of the Advertisers on our websites and app, 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 our websites and app or on the internet generally.

d. We reserve the right in our sole discretion to remove any User Content including but not limited to Profiles or other material from our websites and app from time to time (acting reasonably). We may remove User Content of an employer in accordance with the Advertising Terms of Use.

e. Our websites and app also provide content from other internet sites or resources and while we try to ensure that material included on our websites and app is correct, reputable and of high quality, we do not make any warranties or guarantees in relation to that content. If we are informed of any inaccuracies in the material on our websites and app we will attempt to correct the inaccuracies as soon as we reasonably can.

f. Note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretences. You assume all risks associated with dealing with other Users with whom you come in contact through our websites and app. Other people’s information may be offensive, harmful or inaccurate, and in some cases may be mislabelled or deceptively labelled. We expect that you will use caution and common sense when using our websites and app.

g. Our websites and app and content may contain inaccuracies or typographical errors. We make no representations about the accuracy, reliability, completeness, or timeliness of any of our websites and app or the content. The use of our websites and app and the content is at your own risk.

h. Nothing on our websites and app shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its websitess, products, services, hiring, experience, employment or recruiting practices, or otherwise.

i. While we take 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 our systems or on our websites and app. We disclaim all liability to you to the greatest extent possible pursuant to law should this occur.

j. If we are in breach of these Terms or have any other legal liability to you (to the extent it cannot be excluded under law), we will only be responsible for any losses that you suffer as a direct result and to the extent that they are a foreseeable consequence to both of us at the time you use our websites and app. Our liability shall not in any event include business losses such as lost data, lost profits or business interruption.

k. To the maximum extent permitted by law, our liability for breach of a term (whether implied or otherwise) which cannot be excluded by law, is limited at our option to either, the supply of the products or services (or the equivalent products or services) again or the payment of the cost of having the products or services supplied again.

l. In the event we cannot exclude liability under law, the aggregate liability of Christian Jobs Pty Ltd to you for all claims arising from your use of our websites and app and/or our Services shall be limited to AUD100. Some jurisdictions do not allow such limitations of liability, so the foregoing limitation may not apply to you.

13. Disclaimers

a. We shall not be liable for any loss of information howsoever caused as a result of any interruption, suspension or termination of our Services or for Content, accuracy or quality of information available or transmitted through our Services.

b. You acknowledge and agree that it is not our policy to exercise editorial control over and to edit or amend any data or contents of any emails or posting or any information that may be inserted or made available or transmitted to or from a third party in or through our websites and app and/or our Services.

14. Third Party Websites

We may provide links and pointers to internet sites maintained by third parties from our websites and app. Such linked sites are not under our control and we are not responsible for the contents (including the accuracy, legality or decency) of any linked site or any link contained in a linked site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the linked site. We are not responsible for the copyright compliance of any linked site. To the maximum extent permitted by law, we 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.

15. Advertising and Sponsorship Policy

a. Part of our websites and app may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our websites and app complies with relevant laws and codes.

b. We reserve the right to refuse to run any advertisements that, in our sole discretion, are not suitable for publication on our websites and app.

c. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.

16. Indemnity

a. To the maximum extent permitted by law, you agree to indemnify Christian Jobs Pty Ltd and its affiliates, and their respective officers, directors, employees, and agents, from any loss or damage suffered as a result of any third party claims, actions or demands, including without limitation reasonable legal and accounting fees, directly resulting from:

any User content or other material you provide to our websites and app; or

Your use of any content,

except to the extent we contribute to any such loss or damage.

b. We shall provide notice to you promptly of any such claim, suit or proceeding.

17. Contracting Parties & Governing Law

a. Your contractual relationship is with Christian Jobs Pty Ltd (ACN: 76169581793).

b. These Terms are governed by the laws of Victoria, Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Victoria, Australia.

c. Christian Jobs Pty Ltd reserves the right to assign or novate these Terms (or any aspect of these Terms) to any member of Christian Jobs Pty Ltd without your consent. If this occurs, we may elect to amend the details in clause a above). We will notify you 30 days in advance of such changes.

18. International Use & Translations

a. We make no promise that materials on our websites and app are appropriate or available for use in your location, and accessing our websites and app from territories where its contents are illegal or unlawful is prohibited. If you choose to access our websites and app from your location, you do so on your own initiative and are responsible for compliance with local laws.

b. These Terms may be translated into the local language in the relevant territory. In the event of a conflict between the Terms in the English language version and the localised version, the English language version shall prevail. The localised version shall be deemed to be automatically amended to conform with and made consistent with the English language version.

19. Definitions

a. “Advertiser” means a person or entity that is contracting to post advertisements on our websites and app.

b. “Job Seeker” means a User who is accessing our websites and app to search or apply for a job or in any other capacity except as an Employer.

c. “Content” includes all Text, Graphics, Design, Programming, information, images, video, audio files, software and other contents used on our websites and app.

d. “Design” includes the colour combinations and the page layout of our websites and app.

e. “Employer” means a person or entity that is accessing our websites and app to post a job ad or utilising our Services for any reason related to the purpose of seeking candidates for employment.

f. “Graphics” includes all logos, button icons, and other graphical elements on our websites and app, with the exception of paid advertising banners.

g. “our Database” includes all job advertisement posted on our websites and app and/or all Job Seekers, Advertiser and/or Employers’ information registered with Christian Jobs Pty Ltd

h. “our Services” means any services provided by Christian Jobs Pty Ltd or its agents including:

· the provision of an online employment marketplace, including posting and searching for employment opportunities, and creating Profiles which may include personal information;

· the provision of talent sourcing services;

· the provision of online resume search access;

· the provision of learning, community and career advice resources.

· matching of job specifications with potential Job Seeker Profiles and advising Users and/or Job Seekers of the positions available;

· providing Advertisers and/or Employers with other ancillary talent sourcing and advertising services including banners, electronic direct mail system, design and posting support services; and

· providing Advertisers and/or Employers services to advertise on our websites and app.

i. “Profiles” means individual profiles created by Users and/or Job Seekers or company profiles created by Employers on our websites and app.

j. “Programming” includes both client-side code (HTML, JavaScript, etc.) and server-side code (Active Server Pages, VBScript, databases, etc.) used on our websites and app.

n. “Text” includes all text on every page of our websites and app, whether editorial, navigational, or instructional.

o. “User” refers to any individual or entity that accesses or uses any aspect of our websites and apps and/or our Services.

p. “User Content” means all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by Users on or through our websites and app.

q. “You” or “you” means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms.

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