OVER2AUS

TERMS AND CONDITIONS FOR APPLICANTS AND CANDIDATES

Overview

Please read this agreement carefully before accessing or using the information and services available through the OVER2AUS website (“Site”). By accessing or using the Site, you agree to be bound by the terms and conditions below. OVER2AUS may modify this agreement at any time, and such modifications shall be effective immediately upon posting the modified agreement on the Site. Advertiser terms and conditions must be accepted and adhered to by Advertisers who use OVER2AUS’s services and the Site. OVER2AUS also has a comprehensive Privacy Policy for users of the Site.

Copyright and trademarks

1. Copyright in the material and trademarks on this Site are owned by OVER2AUS Pty Ltd (A.C.N. 653 985 052)(“OVER2AUS”) unless otherwise indicated and you agree not to infringe any intellectual property rights owned by OVER2AUS.

Information for personal, non-commercial use only

1. 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 and the information available via our site. You may download material from this Site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.

1. 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.

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

Information does not represent professional advice

1. You acknowledge and agree that information published by OVER2AUS is intended to provide general information in summary form on market insights, legal and other issues. OVER2AUS does not warrant the accuracy or completeness of such information.
2. OVER2AUS does not endorse or recommend any of the jobs, business or self-employment opportunities advertised on its Site and OVER2AUS 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.
3. In no event will OVER2AUS 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

1. OVER2AUS 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.
2. Whilst OVER2AUS 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.
3. Over2Aus receives legal advice from a licenced law firm in Australia which provides advice to the company only, and our lawyers do not act for the applicants in any capacity. 
4. We cannot provide you with legal advice and our content is for information purposes only.
5. Over2Aus has no control over the decisions of the Australian Government, Immigration, Border Control or any other government entity or department involved in the decision making process and as such, we cannot guarantee that your application is going to be successful.  
6. Please note however, if there are any issues (such as you have been found guilty of a criminal offence, have serious medical or health issues or have served in the military or have military experience), you may be more likely to be deemed high risk and refused a visa. We cannot prevent this, but we may offer a referral to trusted lawyers and migration agents who can help you lodge an appeal if that is what you decide to do.
7. You understand and consent that in order to facilitate the recruitment process on your behalf, OVER2AUS may forward your details to clients at their sole discretion, and additionally display promotional excerpts from your details on the OVER2AUS website or other websites associated or directed to from OVER2AUS. You agree and accept that your present employer may access the OVER2AUS and you unconditionally waive any and all claims you may have against Hays as a result of any loss you may suffer as a result of the information being displayed on these websites.
8. You agree to comply with the Terms of Use of this website and accept OVER2AUS’ right to suspend or cancel your registration immediately at our reasonable discretion without liability to you, if you breach such terms of use. You accept that while OVER2AUS will use its reasonable endeavours to find a suitable appointment for you, OVER2AUS does not guarantee that any employer or client will ask for a candidate’s information, or will interview or hire a candidate and makes no guarantees regarding the success of any application. OVER2AUS makes no representation or warranty as to the final terms and duration of any appointment obtained through this Site. You waive any claims against OVER2AUS for failure to find you such appointment or in relation to the terms or duration of any appointment.
9. The information contained on this Site including any salary information or surveys are given in good faith and OVER2AUS uses all reasonable efforts to ensure that it is accurate. However, OVER2AUS gives no representation or warranty in respect of such information and all such representations and warranties, whether express or implied, are excluded.
10. No liability is accepted by OVER2AUS for any loss or damage which may arise out of any person relying on or using any information on this Site. OVER2AUS shall not be liable to any person relying on or using any such information for 

1. loss of revenue, loss of actual or anticipated salary; loss of actual or anticipated profits whether arising in the normal course of business or otherwise (including, without limitation, loss of profits on contracts); loss of or damage to employment prospects; loss of opportunity; loss of the use of money; loss of anticipated savings; loss of business; loss of goodwill; loss of or damage to reputation; loss of or corruption to data; loss of management or administration time, legal and other professional fees and expenses; or 
2. any indirect or consequential loss or damages however caused (including without limitation by reason of misrepresentation, negligence, other tort, breach of contract or breach of statutory duty) which arise directly or indirectly from the subject matter of this Site. However, nothing in the above shall limit or exclude OVER2AUS' liability for fraud or for death or personal injury caused by negligence, or to the extent otherwise not permitted by law.

1. You agree fully to indemnity us and keep us fully indemnified against all costs, expenses, claims, losses, liabilities or proceedings arising from use or misuse by you of this Site.
2. We do not guarantee that any employer or client will ask for a candidate's information, or will interview or hire a candidate, or that any candidates will be available or will meet the needs of any employer or client. We make no representation or warranty as to the final terms and duration of any appointment obtained through this Site. Whilst we take all reasonable endeavours to ensure it is the case, we do not guarantee that any employer or client will keep confidential any candidate information or data provided to them.
3. If any provision of these terms and conditions is held to be invalid by a court of competent jurisdiction, such invalidly shall not affect the validly of the remaining provisions, which shall remain in full force and effect.
4. Your use of the Site and downloads from it, and the operation of these terms and conditions, shall be governed in accordance with the laws of Victoria, Australia. The Victorian courts shall have exclusive jurisdiction over any dispute arising out of the use of OVER2AUS’ website.

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

1. OVER2AUS provides links and pointers to Internet sites maintained by third parties from its Site. Such linked sites are not under the control of OVER2AUS and OVER2AUS is not responsible for the contents (including the accuracy, legality or decency) of any linked site or any link contained in a linked site. OVER2AUS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by OVER2AUS of the linked site. OVER2AUS is not responsible for the copyright compliance of any linked site. OVER2AUS 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

1. OVER2AUS 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 OVER2AUS 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

1. OVER2AUS welcomes ideas and feedback from you about all aspects of the Site. You agree that OVER2AUS 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 OVER2AUS. (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

1. While OVER2AUS 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 OVER2AUS systems or on OVER2AUS’s Site. OVER2AUS disclaims all liability to you to the greatest extent possible pursuant to law should this occur.

Your responsibility for your password and email address

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

1. You agree to immediately notify OVER2AUS of any unauthorized use of your email address or any other breach of security known to you.

No misrepresentations allowed

1. You agree that it is a condition on your use of the OVER2AUS Site and of any other services provided by OVER2AUS or through the Site that you will not through any act or omission (including but not limited to creating a profile on the OVER2AUS Site) mislead or deceive others.

General provisions

1. 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.
2. Termination of this agreement will not end those provisions that are capable of surviving the ending of this agreement.
3. 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.
4. For the purposes of this agreement the words “OVER2AUS”, “OVER2AUS Limited”, “We”, “Our” and “Us” refer to OVER2AUS Limited and “Site” to materials delivered on www.over2aus.com, over2aus.com.au and other co-branded versions of the site.

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OVER2AUS TERMS AND CONDITIONS 

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

• have placed an advertisement (“the relevant ad”) on Over2Aus’ website (“the Site”)
• have been advised that applications submitted in respect of the position advertised in the relevant ad will be stored on your behalf within OVER2AUS’s servers (“the Advertiser Portal”);
• have accessed the Advertiser Portal via www.Over2Aus.com.au, the Site;
• have utilised any features of the Site or OVER2AUS’s Products offered through the Site (defined as “services”, “products”); and
• have utilised any features of any OVER2AUS’ services directly or via an authorised third party provider (“Partner”).

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 OVER2AUS in conjunction with these Terms.

These Terms are to be read in conjunction with, and incorporate, the Privacy Policy as they apply to the products you have purchased and/or accessed from OVER2AUS.

The Site is owned and operated by OVER2AUS Pty Ltd (ACN 653 985 052) defined as (“OVER2AUS”, “we”, “us” and “our”).

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

Variation of Terms

1. OVER2AUS may vary these Terms at any time. If OVER2AUS varies these Terms, it will provide notice by publishing the varied Terms on the Site. 
2. You accept that by doing this, OVER2AUS has provided you with sufficient notice of the variation to its Terms. You will be notified of any material changes to the Terms which may be reasonably detrimental to you, 5 days prior to them taking effect.

Payment

1. All amounts owing to OVER2AUS must be paid immediately or alternatively, within 14 days of the date of our invoice.
2. Our fees for advertising will be specified at the time you post your Advertisement and are correct at the time but subject to change without notice.
3. You are obliged to pay for the services that OVER2AUS agrees to provide you with regardless of whether you utilise or fully utilise those services. If you do not provide OVER2AUS with the necessary materials or information for OVER2AUS to deliver these services to you, you are still liable to OVER2AUS for full payment.
4. OVER2AUS 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.
5. If you do not pay your account on time OVER2AUS may disable your account without notice and refuse to supply further services to you.
6. You agree that pursuant to the Privacy Act 1988 (Cth), OVER2AUS 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.
7. You agree that OVER2AUS may disclose this information to a credit reporting agency or interested persons as reasonably necessary.

Intellectual Property Rights

1. OVER2AUS retains all intellectual property rights subsisting in any of the goods and services provided to you by OVER2AUS.

Limitation of Liability and Disclaimer

1. OVER2AUS 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.
2. 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.
3. 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.
4. OVER2AUS 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.
5. OVER2AUS agrees to use reasonable efforts to publish advertisements in the shortest possible time.
6. OVER2AUS 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, or features and products available through the Site, will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
7. OVER2AUS acts as a medium through which individuals can submit their expression of interest regarding employment opportunities. OVER2AUS does not vet, nor is it responsible for vetting, candidates or the representations made by them whether oral or in writing - including those representations appearing in candidates‘ resumes.

Changes to the Site

1. OVER2AUS 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 OVER2AUS or the Site itself, including but not limited to advertisements on the Site and/or as they are represented on mobile communication devices. In doing so, OVER2AUS will endeavour to consider exceptionally detrimental consequences such alterations may cause you.

Your Obligations

1. You warrant and agree that:

1. you have the legal capacity and power to agree to be bound by these Terms and perform the obligations under them;
2. advertisements and other works posted on the Site do not breach the intellectual property rights of any third party;
3. all files delivered to OVER2AUS will be free of infection or viruses;
4. you will not use the Site or the data contained within it for any illegal purpose;
5. 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 OVER2AUS, the Site users or persons generally, and you may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Site including code and software;
6. if applicable you have complied with your obligations under these Terms; and
7. you will only use and disclose personal information (including health information such as COVID-19 vaccination information) in accordance with both privacy laws and specific laws governing health information (as applicable).
8. You may not assign or transfer any rights and obligations pursuant to these Terms to any other person or entity without OVER2AUS’s prior written approval (which will not be unreasonably withheld). If you are a company, any change in your effective control shall be deemed an assignment for the purpose of this clause.
9. You indemnify and will keep indemnified OVER2AUS, its officers, employees and agents against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by OVER2AUS in connection with:
10. any breach of these Terms or the Product Terms by you;
11. any negligent act or omission by you;
12. the listing or proposed listing of any advertisement by you on the Site or any related site; or
13. an actual breach by you of any law, legislation, regulations, by-laws, ordinances or codes of conduct which occurs as a consequence of your advertisement appearing on the Site or as a result of your use of the data contained therein.

1. You agree at all times to deal with any information or products provided by OVER2AUS 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).
2. You may have access to or request sensitive health information of individuals (e.g. COVID-19 vaccination information) through the Site. Without limiting any clause in this agreement, you must comply with any applicable laws that govern health information in addition to any other privacy laws. This may include Australian state and territory legislation such as the Health Records Act 2001 (Vic), the Health Records and Information Privacy Act 2002 No 71 (NSW) and the Health Records (Privacy and Access) Act 1997 (ACT). If applicable, such laws will restrict your use and disclosure of health information (amongst other things). You must ensure you are aware of, and comply with, all legal requirements relating to health information and personal information more generally.
3. 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.
4. You may not use data mining, robots, screen scraping, or similar automated data gathering, extraction or publication tools on this Site (including without limitation for the purposes of establishing, maintaining, advancing or reproducing information contained on our Site on another website or in any other publication), without OVER2AUS’s prior written approval.
5. You may not use the Site to post any pyramid scheme or multi-level marketing scheme (however described) on the Site.
6. You may not ask or require any candidate to pay a fee, charge, cost or any money whatsoever in connection with the hiring process for any job advertised on the Site (including to apply) 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.
7. You may not use any feature of the Site to send any unsolicited commercial electronic messages to candidates, whether individually or as a group. Candidate management tools may only be used to communicate with candidates in accordance with Over2Aus’ terms.
8. You must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to OVER2AUS without OVER2AUS’s prior written approval.
9. Any advertisements (including but not limited to Premium Ads) acquired by you from OVER2AUS must not be on-sold or supplied by you to third parties unless you are a media buyer (as approved by OVER2AUS) whose primary business it is to acquire media on behalf of third parties, or unless you are a job recruiter and supply job recruitment services (as approved by OVER2AUS) in conjunction with the advertisements (including but not limited to StandOut Ads and Premium Ads)
10. If you are a job recruiter, then you must disclose same to Over2Aus and cannot advertise with the company/employer name but must use your own brand/logo and clearly state that you are a recruiter. 
11. If you breach any clause pertaining to the advertisement of jobs, then OVER2AUS reserves the right to charge you the casual advertiser price for each advertisement, (including Premium Ads) placed by you on the Site in breach of those clauses and terminate your ad.

Misuse of candidate data, and on-selling

1. Any “personal information” (within the meaning of the Privacy Act 1988 (Cth)) of any candidate that you obtain through your use of the Site or any features of the Site or products offered on the Site (including job applications received from candidates) must only be used by you in relation to your genuine employment and/or recruitment activities and in accordance with privacy laws and other relevant legislation (such as those laws regulating health information).
2. Selling or offering services or products (such as learning or educational courses or tools) to candidates whose personal information you have obtained through your use of the Site (including job applications received from candidates) is considered by OVER2AUS to be a misuse of candidate data, and is prohibited.
3. You may not under any circumstances provide any candidate personal information you have obtained through your use of the Site (including job applications received from candidates) to any other party, including to any affiliate or related party of yours (unless OVER2AUS has otherwise consented to this). This restriction on forwarding personal information applies irrespective of whether you receive direct financial benefit for doing so.
4. OVER2AUS takes its obligations under the Privacy Act 1988 (Cth) and other relevant legislation (such as those laws regulating health information) extremely seriously, and is resolute in its determination to prevent the misuse of candidate data. If OVER2AUS believes that you have misused candidate data for any reason, OVER2AUS reserves the right to:

1. immediately suspend or terminate your account, and/or suspend or terminate the account of any party that has received candidate personal information from you in breach of these Terms;
2. report any potential contraventions of the Privacy Act 1988 (Cth) or other legislation by you to the relevant authorities, including the Office of the Australian Information Commissioner; and/or
3. take legal action against you Over2Aus and may proceed with seeking any number of remedies provided by law, including the award of monetary damages.

Placing Advertisements

1. 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:

1. Competition and Consumer Act 2010 (Cth) including but not limited to Stack 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;
2. Fair Trading Act’s in all applicable States and Territories;
3. Privacy Act 1988 (Cth) including the Australian Privacy Principles;
4. Estate Agent Acts in all applicable States and Territories; and
5. Human Rights and Equal Opportunity Commission Act 1986 (Cth);
6. all anti-discrimination and equal opportunity legislation applicable in the State or Territory in which you do business; and
7. Fair Work Act 2009 (Cth) and all employment related legislation and regulation applicable in the State or Territory in which you do business.

1. You must adhere to the principle of honest representation in advertising set out in the RCSA’s Code For Professional Practice.
2. All applications for job ads posted on OVER2AUS must not by any means disregard or preclude applications submitted via OVER2AUS, including by wording to that effect within the job ad itself.
3. You are not permitted to insert links to an external website or an externally hosted application form:

1. within the details of a job ad (including from the apply functions);
2. from within OVER2AUS’s job application process;
3. within or from a previously approved externally hosted application form; or
4. within any communications with a candidate.

1. 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):

1. within the details of a job ad (including from the apply functions);
2. from within OVER2AUS’s job application process;
3. within or from a previously approved externally hosted application form;
4. within an employer/company profile; or
5. within any communications with a candidate.

1. You may only post Advertisements to the Site that are in respect of a genuine, paid employment opportunity that is current as at the time of posting the Advertisement, and for which you are currently recruiting. OVER2AUS reserves the right to request any information from you that it deems necessary to verify that a genuine, paid employment opportunity exists.
2. OVER2AUS reserves the right to reject advertisements for positions located outside of Australia.
3. 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.
4. Advertisers acknowledge and agree that they must only advertise one job role per job advertisement posted on to the OVER2AUS Site. Where Advertisers have breached this obligation and have advertised multiple job roles in the one job advertisement, OVER2AUS reserves the right to charge the Advertiser for the number of job roles advertised in the one job advertisement posted on to the OVER2AUS Site.
5. 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. OVER2AUS reserves the right to amend, alter or remove any information that does not meet this requirement.
6. OVER2AUS reserves the right and Advertisers must accept as a condition of advertising on the Site, OVER2AUS’s right to re-classify advertisements posted to the Site, entitling OVER2AUS to withdraw advertisements from one category of its Site and to re-publish advertisements in another category on the Site.
7. Standard job advertisements are valid for the length specified on the Site (3 months or 6 months), although you can choose to expire the advertisement earlier.
8. The following actions constitute a new/additional job advertisement:

1. copying a job advertisement;
2. reposting an archived or deleted job advertisement;
3. 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;
4. 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;
5. posting advertisements on OVER2AUS 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 OVER2AUS will count all new/additional job advertisements against your account and will invoice you accordingly.

1. 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

1. You expressly authorise OVER2AUS to store and retain all applications submitted in response to the relevant ad within the Advertiser Portal, rather than emailing those applications to an external source.

Access

1. Your access to the Advertiser Centre (and the functionality contained therein) will be via a secure sign in with your email and password (the Password). The Advertiser is responsible for:

1. providing OVER2AUS with the identity and contact details of individuals authorised to access the Advertiser Portal on your behalf (authorised users);
2. setting authority limits for all authorised users;
3. supervising the use of the Advertiser Portal by the authorised users, and ensuring that such use is consistent with the guidelines outlined below under the heading ‘Use of Advertiser Portal’; and
4. ensuring that any Password provided to authorised users is kept secure and confidential.

1. You are responsible for the use of the Password issued by OVER2AUS to enable users to gain access to the Advertiser Portal, whether the use is by authorised users or any other person. Any act or omission by an authorised user in respect of the use of the Password and/or the use of the Advertiser Centre that breaches these Terms will be deemed a breach of these Terms by you.
2. If you utilise the details of any person within the Advertiser Portal then before utilising that function you must ensure that you have:

1. expressly obtained the consent of every individual whose Personal Information, (as that term is defined within the Privacy Act 1988 (Cth) Personal Information), you upload onto the Advertiser Centre, to such uploading of their Personal Information (which may include health information such as COVID-19 vaccination information) and the storage of such information by OVER2AUS within the Advertiser Portal;
2. fully disclosed to such individuals the purpose for which their Personal Information has been collected and is stored on our Advertiser Portal; and
3. otherwise fully complied with your obligations under the Privacy Act 1988 (Cth) and all other relevant legislation (such as those laws regulating health information) in respect of the collection and storage of such information.

1. Once access to the Advertiser Portal has been granted to you by OVER2AUS, the Advertiser will have access to the Advertiser Portal and the functionality therein, unless such access is terminated by us in accordance with these Terms.
2. OVER2AUS reserves the right to cancel/terminate your access and your account without having to provide any notice or explanation regarding same. It has full management and posting (job ad) discretion. 

Maintenance

1. OVER2AUS will use reasonable endeavours to ensure that the Advertiser Portal is available for access by authorised users at all times. Notwithstanding this, OVER2AUS and its third party service providers may be required to undertake maintenance and upkeep of the Advertiser Portal from time to time. OVER2AUS will endeavour to limit any ‘downtime’ to periods outside of standard business hours. OVER2AUS 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 Portal.

Service

1. OVER2AUS do not guarantee any suitable candidates from your use of the site. If a suitable candidate is identified by OVER2AUS you will be provided with a limited ‘Snapshot CV’ which will contain relevant information (as assessed by OVER2AUS) to determine whether the candidate’s skill set is suitable for the position you advertise. If you intend to proceed with an interview with a candidate, OVER2AUS will organise an interview via Zoom, Microsoft Teams or similar digital audio/visual platform. You will not approach any of our candidates directly (or they may be liable for damages). 

Licence to use data

1. 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 (Advertiser Data), such as candidate applications, is owned by the Advertiser, and not OVER2AUS. For the avoidance of doubt, the use of personal information of candidates by OVER2AUS and/or the Advertiser is governed by the Privacy Act 1988 (Cth) and the terms of the relevant privacy policy of OVER2AUS and/or the Advertiser.
2. the Advertiser hereby grants to OVER2AUS and OVER2AUS’s related parties a perpetual, non-exclusive, irrevocable licence to use any Advertiser Data, to:

1. manage internal reporting requirements;
2. collate statistical information about use of the Site and submission of online applications;
3. analyse user behaviour on the Site;
4. obtain and analyse high level trends and prepare reports relating thereto; and
5. generally improve the candidate user experience and/or the Advertiser user experience; and
6. for marketing opportunities deemed appropriate by OVER2AUS.

1. OVER2AUS may use any data relating to the Advertiser’s use of, or engagement with the Site and/or the Advertiser’s use of OVER2AUS’s products and services (Ancillary Data) for any purpose it sees fit, unless such Ancillary Data would reasonably be considered confidential in nature. OVER2AUS may disclose Ancillary Data to its related parties.

Hardware & software

1. It is the Advertiser’s responsibility to ensure that it has the necessary computer hardware and software systems in place to access and utilise the Advertiser Centre.

General Terms

1. OVER2AUS reserves the right to terminate your agreement with OVER2AUS if you post any advertisement or utilise any feature of the Site or OVER2AUS Product in any way which is in breach of any of these Terms or the Product Terms.
2. OVER2AUS reserves the right to, in its absolute discretion (acting reasonably), reject, edit or remove any advertisement from the Site for any reason.

1. 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.

1. 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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