WEBSITE TERMS AND CONDITIONS

These websites (www.fiftythousandjobs.com.au and www.generationone.org.au) and their contents (Website) are owned and operated by Employment Covenant Pty Ltd ABN 65 133 911 298 as trustee for the Fishing Rod Trust of 80 Birdwood Parade, Dalkeith in the State of Western Australia and its related entities (Employment Covenant).

The use of this Website is governed by the following terms and conditions, as amended from time to time (Terms and Conditions)

1. Acknowledgement and consent

By using this Website you acknowledge that you have read and understood these Terms and Conditions, including the Privacy Policy, and agree to be bound by them, including any changes made to them at any time. You also agree that it is your responsibility to regularly check these Terms and Conditions to determine whether any changes have been made which may affect you and that Employment Covenant has no obligation to notify you of any such changes.

If you do not agree with these Terms and Conditions (including any changes or amendments to them) you should immediately stop using the Website. 

Employment Covenant does not warrant the accuracy of any information published by Employment Covenant or others on the Website and excludes all liability to the full extent of the law in respect thereof. You agree that you will make your own enquiries and seek independent legal, financial and other advice in respect of the information on the Website (including on any links). You agree to release Employment Covenant from all claims arising from your reliance upon anything published on the Website (or on any links).

2.No warranty regarding jobs, employers or information  on the Website

Employment Covenant does not recommend or endorse, provide any warranty, make any representation and excludes all liability to the full extent of the law in respect of the job opportunities and businesses advertised on the Website, the information on the Website or on any link to the Website,  including:

(a)        the contents of the job advertisements including the accuracy, completeness and currency of the information and any representations made;

(b)        the availability, suitability and legality of the jobs being advertised;

(c)        the employers advertising on the Website including their reputability, experience, skills or otherwise; and

(d)        the reliability, accuracy, currency, completeness or suitability of the opinions, representations, recommendations, services, merchandise, software, digital materials and all other information on the Website including the information contained in any link to the Website.

3. No warranty regarding job seekers

Employment Covenant does not screen, interview, recommend, endorse, provide any warranty, make any representation and excludes all liability to the full extent of the law in respect of the job seekers applying for jobs through the Website or otherwise, posting information on the Website or providing information to you, including:

(a)        the suitability, training, background, honesty, skills or experience of any job seeker; or

(b)        the accuracy, completeness or currency of any information or resume provided to your business or posted on the Website by the job seeker.

4. No warranty regarding Website availability, reliability or security

Employment Covenant does not provide any warranty, make any representation and excludes all liability to the full extent of the law in respect of the availability, reliability or security of the Website including:

(a)        that the service will be uninterrupted or free of defects;

(b)        that any files, software or digital materials available through the Website will be free from viruses, worms, infections or other code that may have contaminating or destructive properties;

(c)        the privacy and integrity of the information you provide to Employment Covenant; and

(d)        the absence of frauds or scams on the Website due to information provided by third parties.

Employment Covenant recommends that you protect yourself from fraud and scams by refusing to provide upfront fees, financial information, bank or credit card details, drivers licence or passport details or personal information to any third party through the Website or otherwise until you have satisfied yourself of the legitimacy of the request and the third party through your own enquiries. If you suspect any frauds or scams by third parties appear on the Website, do not provide any response or information to the third party and please send a copy of the suspicious material immediately to Employment Covenant and the ACCC.

5. Information provided by you

It is a condition of your use of the Website that you agree to the following terms and you agree to release, indemnify and protect Employment Covenant from all claims including in respect of legal costs arising as a consequence of your breach of any of the following:

(a)        you agree to grant Employment Covenant a licence for all time without payment to copy, adapt, publish, edit, refuse to post, or remove and otherwise use all information, ideas, concepts or materials provided by you through the Website and you warrant that you have the ability to grant such rights to Employment Covenant;

(b)        you will not through any act, omission or representation mislead or deceive any person using the Website including any job seeker or employer and you will be solely responsible and liable for all legal claims arising from your use of the Website;

(c)        you will not publish or link any material to the Website which is obscene, offensive, pornographic, defamatory, racist, discriminatory, in breach of third party intellectual property rights or otherwise in breach of the law;

(d)        you agree to obtain all necessary consents before providing any personal information to us and to keep confidential any personal information which is provided to you or made available to you through or due to your use of the Website; and

(e)        you will not restrict or inhibit any other person from using or enjoying the Website (or any part of it).

6. Privacy Policy

Employment Covenant may collect personal and sensitive information from you during the course of your use of the Website. You hereby represent and warrant that personal information you provide to us will be accurate, complete and up-to-date and consent to Employment Covenant collecting, using, storing and disclosing your personal information, including sensitive information, in accordance with the following terms. Employment Covenant agrees that it will use all reasonable endeavours to:

(a)              collect only information reasonably necessary for the purposes of its business including for the purposes of communicating with you, potential job seekers or potential employers with respect to Employment Covenant’s services and products, sending promotional information, for statistical purposes and to administer Employment Covenant’s systems;

(b)              only use or disclose personal information in ways reasonably related to the reason for collection (which are summarised above) or, if for another purpose, with your consent;

(c)              keep personal information safe when in use and dispose of it securely when finished with it;

(i)                give you access to all the personal information held by Employment Covenant and take steps to correct information if it is wrong or provide reasons why Employment Covenant cannot do so;

(d)              only adopt, use or disclose a Commonwealth identifier (such as a tax file number or medicare number) with your prior consent; and

(ii)               ensure that any personal information transferred overseas in accordance with any of the above provisions is protected, as far as possible, in the way it is protected in Australia.

Employment Covenant excludes all liability to the full extent of the law arising from your personal information being shared or published to third parties without your consent or otherwise being used contrary to your expectations.

GENERAL

The following general provisions apply to each of the specific provisions set out above and bind all users of this Website:

7. Exclusion of Liability and Release

The Website and all materials, software, links or other information available through the Website are used by you entirely at your own risk. Employment Covenant and its officers, employees, contractors or agents shall not be liable for and exclude to the full extent of the law any claim, action, liability, loss (including loss of use, loss of profit and/or consequential loss), cost (including legal costs) or any other damage (collectively ‘Loss’) arising from your use or non use of the Website or links posted on the Website, including the downloading of any materials, or your reliance upon information contained upon it (whether arising from Employment Covenant’s negligence or alleged breach of any representation, warranty, term, condition or otherwise).  You release Employment Covenant from all claims in respect of any Loss arising from your use of the Website.

All express and implied terms, conditions, representations or warranties which might apply to the contents or use of this Website are excluded to the full extent permitted by law.

8. Indemnity

You agree to fully indemnify and keep indemnified Employment Covenant and its officers, employees, agents and contractors in respect of any Loss which Employment Covenant or any third party may suffer as a direct or indirect result of your wilful, unlawful or negligent act or omission with respect to the Website (or any part of it) or your breach of these Terms and Conditions.

9. Termination

Employment Covenant reserves the right to remove, revise the content of, amend links from, or withdraw access to the Website at any time without notice.  Your membership of the Website, your ability to participate in all or certain parts of the Website, or your ability to access the Website may be terminated at any time without notice, and without any liability of Employment Covenant.  The indemnities and releases given by you and exclusions and limitations on Employment Covenant’s liability will survive such termination.

10. Waiver

A right relating to these Terms and Conditions may only be waived by Employment Covenant in writing. Employment Covenant’s failure to exercise or enforce any rights or any provision of these Terms and Conditions will not constitute a waiver of such right or provision unless acknowledged and agreed to by Employment Covenant in writing.

 11. Copyright and Trademarks

All information on the Website, including but not limited to text, graphics, logos, video images, audio clips and software is subject to copyright under Australian law and, under international treaties, the laws of many other countries.  Unless otherwise indicated, the copyright is owned by Employment Covenant which reserves all rights.  Except for the direct purpose of viewing, accessing or interacting with the Website for your own personal use, as an employer or as otherwise indicated on the Website or these Terms and Conditions, you must not copy, communicate to the public, adapt, transfer, distribute or store any of the contents of the Website, or incorporate any part of the Website into another Website without Employment Covenant’s prior written consent.

The Website also includes registered and unregistered trade marks, including Generation One, the Australian Employment Covenant, Fifty Thousand Jobs and their associated logos and images which appear on the Website which are owned by Employment Covenant.  Except to the extent that it is expressly indicated to the contrary, your access to or use of this Website does not constitute or create a licence or any other right to use the name, trade dress, trade marks, copyrights or any other intellectual property of Employment Covenant or any other party contained on the Website.

You have a right to personal and private use of any software and related digital materials made available by Employment Covenant for downloading from the Website provided that you do not copy, publish, modify, reverse engineer, or otherwise transfer or purport to transfer any right in them and that copyright and intellectual property rights are maintained in them.

Where consent is sought and granted by Employment Covenant to reproduce material or trade marks from the Website, you must attribute the material to Employment Covenant with each publication. You may not create a link to any page on this Website without the prior written consent of Employment Covenant. If you wish to use material from this Website or post a link to the Website, please contact Employment Covenant using the contact information posted on the Website.

12. Governing law and severability

These Terms and Conditions are governed by and to be construed in accordance with the laws of Western Australia.  By using the Website you unconditionally agree to be bound by the jurisdiction of the Courts of Western Australia.  If any provision of these Terms and Conditions is found to be invalid or unenforceable by a Court, this will not affect the remaining provisions, which will continue in full force and effect.

Alert : Aboriginal and Torres Strait Islander users of this Website are warned that this Website may contain images or names of deceased persons.