Recruit Smart Website Terms and Conditions
These terms and conditions assume that you as a Job Advertiser are commercially aware and familiar with the context of words used in the job advertising and recruitment processes.
If you have any doubts please contact us before posting on this site.
Jobs advertised on this site will have an expiry date but at the employers discretion may be filled before that date.
Recruit Smart advertises jobs in good faith to bring opportunities to the attention of Job Seekers and encourages and recommends Job Seekers to make enquiry as to the bonafides of advertisers, be mindful of sharing personal information in responding to advertisements and ensure their safety when attending interviews.
Recruit Smart will not knowingly accept job postings from businesses or persons conducting illegal activities, acting in a discriminatory manner or those underpaying employees less than Award rates or otherwise not complying with Australian Industrial laws.
1. Basis of Agreement
1.1. Our website is a market place for Jobseekers to view jobs advertised by employers and recruiters who may work on their behalf.
1.2. Subject to these terms and conditions, we agree to provide employers or recruiters some or all of the Services or products as described on our website at the prices we charge from time to time.
1.3. Some of our Services are now or may in future, be available to you only subject to additional terms. Those terms will be set out in separate documentation
1.4. In most cases we are not a party to any activity between the employer or Advertiser and Jobseekers but do offer shortlisting Services to those employers who may require assistance
1.5. You acknowledge that you understand exactly what is included in the Services and you are satisfied that the Services are suitable and satisfactory for your requirements;
1.6. You agree and will accept responsibility for any malicious content, spam or virus’ which you may receive either in emails or direct to your computer processing systems and indemnify us from any action in such circumstances.
1.7. We are not a recruiter for all persons or businesses who advertise on our website but may selectively assist employers with elements of the recruitment process as they require and we may charge them a service fee for such activities.
1.8. You accept that you are responsible for all uses of our website whether or not authorised by us.
1.9. We may change this agreement and / or the way we provide the Services, at any time. If we do, the change will take effect when we update this document on our website and you agree to be bound by any changes.
2. The Price
2.1. The prices payable for Services are clearly set out on our website or will otherwise be agreed in advance.
3. Security of your Payment Information
We take care to make our website safe for you to use. Card payments will be processed by PayPal or recognised online payment service providers who you need to trust will process transactions in a secure environment.
4. How we Handle your Data
4.2. If you post Job Ads in the public area of our website it becomes available in the public domain. We have no control over who sees it nor what anyone does with it.
4.3. We have no specific plan to use your content but we need the freedom to be able to publicise our Services. You therefore now irrevocably grant to us the right and licence to edit, copy, publish, distribute, translate, and otherwise use any content that you place on our website, in the public domain and in any medium. You represent and warrant that you are authorised to grant all such rights.
4.4. We will use that licence only for commercial purposes of the business of our website and will stop using it after a commercially reasonable period of time.
4.5. Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it, and we will not protect your rights for you.
4.6. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, or any law, which may occur as a result of any content having been posted by you.
4.7. You accept all risk and responsibility for determining whether any content is in the public domain and not confidential.
5. Restrictions on what you may Post to our Website
We invite you to post content to our website in several ways and for different purposes. We have to regulate your use of our website to protect our business and our staff, to protect other users of our website and to comply with the law. These provisions apply to all users of our website.
We do not undertake to moderate or check every item posted, but we do protect our business vigorously. If we believe content posted breaches the law, we will remove such content immediately and shall co-operate fully with the law enforcement authorities in whatever ways we can.
You agree that you will not use or allow anyone else to use our website to post content or undertake any activity which is or may:
5.1. be unlawful, or tend to incite another person to commit a crime;
5.2. consist in commercial audio, video, or music files;
5.3. be associated with employment in the sex industry
5.4. be obscene, offensive, threatening, violent, malicious or defamatory;
5.5. be sexually explicit or pornographic;
5.6. use a posting to solicit responses unconnected with the purpose of our website or the terms proposed by this agreement;
5.7. link to any of the material specified in this paragraph;
5.8. promote or endorse illegal activities or provide instructions or information about illegal activities or other activities prohibited by these terms.
6. Security of Our Website
You will not:
6.1. link to our website in any way that would cause the appearance or presentation of our website to be different from what would be seen by a user who accessed our website by typing the URL into a standard browser;
6.2. use any automated system to identify Jobseekers;
6.3. download any part of our website, without our express written consent;
6.4. collect or use any Jobseeker listings, service descriptions, or prices;
6.5. for any purpose use our name, any proprietary information (including images, text, page layout, or form) of ours or of our affiliates in any way and in particular to entice search robots to some other website
6.6. hide or remove the banner advertisements on any page of our website;
6.7. use on our website or link to any software which assists in performing any automated operation unless it is an agreed candidate management system.
7. Storage of Data
7.1. We maintain reasonable procedures for general backup of data for our own purposes, but we give no warranty that your data will be saved or backed up in any particular circumstances unless we have made specific contractual arrangements with you in writing.
8. Job Posting
We may, in our sole discretion, remove any job posting. You may not post a job which:
8.1. does not comply with applicable local, national and international laws.
8.2. advertises, promotes or links to any competitor of ours (with exception of SEEK)
8.3. advertises or sells any product or service, other than job postings.
8.4. requires any upfront or periodic payment or requires recruitment of other members, sub-distributors or sub-agents; (with exception of self-employment opportunities within well recognised franchise companies)
8.5. seeks employees for jobs of a sexual nature;
8.6. endorses a particular political party, political agenda, political position or issue;
8.7. promotes a particular religion;
8.8. requires the applicant to provide information relating to:
- 8.8.1 age
- 8.8.2 racial or ethnic origin
- 8.8.3 political beliefs
- 8.8.4 philosophical or religious beliefs
- 8.8.5 membership of a trade union
- 8.8.6 physical or mental health
- 8.8.7 sex life or gender
- 8.8.8 commission of criminal offences or proceedings
8.9. contains hyperlinks, other than those specifically authorised by us;
8.10. contains the name, logo or trademark of any organisation other than that of you or your client.
8.11. seeks applicants for more than one type of work unless agreed with us.
8.12. the job advertiser will conduct the recruitment process in a professional, ethical and non-discriminatory manner.
9. Access to Jobseeker or Other Data
If you avail of our Shortlisting Services, we will grant a licence to you to access our data and copy or, if we make provision, download, Jobseeker particulars. The licence is:
9.2. limited to use by you to copy only that content which is directly relevant to a specific vacancy within your organisation;
9.3. for use only in connection with the employment of some person;
9.4. subject to your taking all reasonable and appropriate steps to protect our data;
You agree that you will not:
9.5. disclose our data in part or full to any third party, except to your client if you are a recruitment agency, staffing agency, advertising or other agency recognised by us;
9.6. share access to our data or make it available in any way to any other person;
9.7. use our data for any purpose other than as a recruiter seeking employees;
9.8. make unsolicited contact with any Job Seeker except through our website and in accordance with the procedures we promote.
10.1. If you or we terminate your account, all your account information may be deleted from our servers.
10.2. You may terminate this agreement at any time, for any reason, with immediate effect.
10.3. We retain the right, at our sole discretion, to terminate any and all parts of the Services provided to you, without refunding to you any fees paid if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement.
10.4. Termination by either party shall have the following effects:
- 10.4.1 your right to use the Services immediately ceases.
- 10.4.2 we are under no obligation to forward any unread or unsent messages to you or any third party.
11. Interruption to Services
11.1. If it is necessary for us to interrupt the Services, or that occurs through means outside our control we will give you reasonable notice where this is possible and when we think the down time is such as to justify telling you.
11.2. You acknowledge that the Services may also be interrupted for many reasons beyond our control.
11.3. You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the Services.
12. Intellectual Property
You agree that at all times you will:
12.1. not do anything which does or might reduce the value of our Intellectual Property or challenge our ownership of it.
12.2. notify us of any suspected infringement of the Intellectual Property.
12.3. so far as concerns software provided or made accessible by us to you, you will not:
- 12.3.1 copy, or make any change to any part of its code;
- 12.3.2 use it in any way not anticipated by this agreement;
- 12.3.3 give access to it to any other person than you, the licensee in this agreement.
12.4. not use the Intellectual Property except directly in our interest.
13. Removal of Offensive Content
13.1. For the avoidance of doubt, this paragraph is addressed to any person who visits on our website for any purpose.
13.2. We are under no obligation to monitor or record the activity of any user of our website for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
13.3. If you are offended by any content, the following procedure applies:
- 13.3.1 your claim or complaint must be submitted to us in the form available on our website , or email.
- 13.3.2 we shall remove the offending content as soon as we are reasonably able;
- 13.3.3 after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
- 13.3.4 we may re-instate the content about which you have complained or we may not.
13.4. you now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
14. Disclaimers and Limitation of Liability
14.1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
14.2. Our website and our Services are provided “as is”. We make no representation or warranty that the Service will be:
- 14.2.1 useful to you;
- 14.2.2 of satisfactory quality;
- 14.2.3 fit for a particular purpose;
- 14.2.4 available or accessible, without interruption, or without error.
14.3. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from our website .
14.4. We make no representation or warranty and accept no responsibility in law for:
- 14.4.1 accuracy of any content or the impression or effect it gives;
- 14.4.2 delivery of content, material or any message;
- 14.4.3 privacy of any transmission;
- 14.4.4 third party advertisements which are posted on our website or through the Services;
- 14.4.5 the conduct, whether online or offline, of any user of our website or the Services;
- 14.4.6 failure or malfunction of computer hardware or software or technical equipment or system connected directly or indirectly to your use of the Services;
- 14.4.7 loss or damage resulting from your attendance at an event organised through our website or the Services;
- 14.4.8 any act or omission of any person or the identity of any person who introduces himself to you through our website.
14.5. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Services concerned.
14.6. We shall not be liable to you for any loss or expense which is:
- 14.6.1 indirect or consequential loss; or
- 14.6.2 economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
14.7. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.
14.8. If you become aware of any breach of any term of this agreement by any person, please tell us
14.9. Except in the case of death or personal injury, our total liability under this agreement, however it arises, shall not exceed the sum of $1,000. This applies whether your case is based on contract, tort or any other basis in law.
15. You Indemnify Us
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
15.1. your failure to comply with Australian Federal or State laws;
15.2. your breach of this agreement;
15.3. any act, neglect or default by any agent, employee, licensee or customer of yours;
15.4. a claim in contract or tort, arising from your use of the Services
15.5. any content you place on your own website which causes loss to us;
15.6. any data you receive, send, download or upload to/from our website for storage or any other purpose;
15.7. You agree and will accept responsibility for any malicious content, spam or virus’ which you may receive either in emails or direct to your computer processing systems which may cause inconvenience, damage or disruption and indemnify us from any legal action or costs in such circumstances.
15.8. a breach of the intellectual property rights of any person;
15.9. any use of our website for a purpose beyond the scope of this agreement;
15.10. and for the purpose of this paragraph you agree that the cost of our management and technical time is properly recoverable and can reasonably be valued at $150.00 per hour without further proof.
16. Miscellaneous Matters
16.1. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
16.2. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
16.3. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
16.4. You agree that we may disclose your information including assigned IP numbers, account history, account use, etc. to any judicial or proper legal authority who makes a written request without further consent or notification to you.
16.5. Any communication to be served on either party by the other shall be delivered by hand or sent by express post or recorded delivery.
It shall be deemed to have been delivered:
- if delivered by hand: on the day of delivery;
- if sent by post to the correct address: within 72 hours of posting.
16.6. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
16.7. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
16.8. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control.
16.9. In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
16.10. The validity, construction and performance of this agreement shall be governed by the laws of the State of South Australia and you agree that any dispute arising from it shall be litigated only in that