These terms and conditions ("Terms") govern all Advertisers (defined as “Advertiser”, “you” and “your") that:
- have placed an advertisement (the “Ad“) on https://ehpa.org.au/ (“the Site”);
- have been advised that applications submitted in respect of the position advertised in the Ad will be stored on your behalf on Environmental Health Professionals Australia; or
- have utilised any features of the Site or Environmental Health Professionals Australia’s Products offered through the Site.
Your access to and use of the information, materials, services and Products provided on this Site is conditional upon your acceptance and compliance with the Terms. The General Terms and Conditions apply in conjunction with the Advertising Terms and Conditions. The Site is owned by and operated by Environmental Health Professionals Australia (ABN 33 917 298 75) in this document referred to as “we”, “us” and “our"). Your continued use of this Site will be deemed as acceptance of these Terms by you.
Variation of Terms
- Environmental Health Professionals Australia may vary these Terms at any time. If Environmental Health Professionals Australia varies these Terms, it will provide notice by publishing the varied Terms on the Site.
- You accept that by doing this, Environmental Health Professionals Australia 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.
If you purchase a Sponsored Ad the following payment terms apply:
- You will be invoiced on the first of each month for services rendered for the month prior.
- All amounts owing to Environmental Health Professionals Australia under the Service Agreement must be paid within 14 days of the date of invoice.
- Payments may only be made using VISA, Mastercard or EFT.
- Environmental Health Professionals Australia 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.
- If you do not pay your account on time Environmental Health Professionals Australia may remove your Sponsored Ad without notice and refuse to supply further services to you.
- You acknowledge that once the Service Agreement has been confirmed, the service may not be changed or refunded.
- You shall be obliged to pay the full fee for the Sponsored Ad, even if:
- You do not otherwise fully utilise the Sponsored Ad functionality; and/or
- You request the withdrawal of the Sponsored Ad at any time after the Service Agreement has been confirmed (whether before or after it appears on the Site).
- You agree that Environmental Health Professionals Australia 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.
- You agree that Environmental Health Professionals Australia may disclose this information to a credit reporting agency or interested persons as reasonably necessary.
- Sponsored Ads appear at the top and bottom of the job search results pages when a candidate query matches your job ads on the Site, and where it would otherwise organically appear in the search results page. Sponsored Ads are also included in email alerts to candidates.
- The Sponsored Ad will appear on the Site for the dates agreed upon in the Service Agreement and may continue on a rolling month to month agreement until either party notifies the other of any changes in writing.
- A Sponsored Ad is for the use of the Advertiser alone. You are prohibited from reselling or transferring this service (unless Environmental Health Professionals Australia has provided written consent).
- Environmental Health Professionals Australia reserves the right to, in its absolute discretion (acting reasonably), refuse to provide you this service and enter into the Service Agreement with you.
Intellectual Property Rights
Environmental Health Professionals Australia retains all intellectual property rights subsisting in any of the goods, services and products provided to you by Environmental Health Professionals Australia.
Limitation of Liability and Disclaimer
- Environmental Health Professionals Australia 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.
- 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.
- 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.
- Environmental Health Professionals Australia accepts no responsibility or liability for any errors in your Ads and you must check your Ads for errors as soon as they are placed on the Site.
- Environmental Health Professionals Australia agrees to use reasonable efforts to publish Ads in the shortest possible time.
- Environmental Health Professionals Australia 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.
- Environmental Health Professionals Australia acts as a medium through which individuals seek employment opportunities. Environmental Health Professionals Australia 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
- Environmental Health Professionals Australia 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 Environmental Health Professionals Australia or the Site itself, including but not limited to Ads on the Site and/or as they are represented on mobile communication devices. In doing so, Environmental Health Professionals Australia will endeavour to consider exceptionally detrimental consequences such alterations may cause you.
- You warrant and agree that:
- you have the legal capacity and power to agree to be bound by these Terms and perform the obligations under them;
- Ads and other works posted on the Site by you or on your behalf do not breach the intellectual property rights of any third party;
- all files delivered to Environmental Health Professionals Australia will be free of infection or viruses;
- you will not use the Site for any illegal purpose;
- 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 Environmental Health Professionals Australia, the Site users or persons generally.
- You may not assign or transfer any rights and obligations pursuant to these Terms to any other person or entity without Environmental Health Professionals Australia’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.
- You indemnify and will keep indemnified Environmental Health Professionals Australia, its officers, employees and agents against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by Environmental Health Professionals Australia in connection with:
- any breach of these Terms or the General Terms by you;
- any negligent act or omission by you;
- the listing or proposed listing of any Ad by you on the Site or any related site; or
- an actual breach by you of any law, legislation, regulations, by-laws, ordinances or codes of conduct which occurs a consequence of your Ad appearing on the Site.
- You agree at all times to deal with any information or products provided by Environmental Health Professionals Australia 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).
- 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.
- 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 Environmental Health Professionals Australia’s prior written approval.
- You may not use the Site to post any pyramid scheme on the Site.
- You may not ask or require any candidate to pay a fee, charge, cost or any money whatsoever to apply for any job advertised on the Site whether such fee, charge, cost or money is asked or required of the candidate in the job Ad itself or in any communication with the candidate that takes place as a result of a job Ad placed on the Site.
- You must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to Environmental Health Professionals Australia without Environmental Health Professionals Australia’s prior written approval.
- Any Ads (including but not limited to Sponsored Ads) acquired or obtained by you from Environmental Health Professionals Australia must not be on-sold or supplied by you to third parties unless you are a media buyer (as approved by Environmental Health Professionals Australia) 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 Environmental Health Professionals Australia) in conjunction with the Ads (including but not limited to Sponsored Ads).
- Where you are a job recruiter and in accordance with clause 33 on sell or supply Ads acquired by you from Environmental Health Professionals Australia, those ads must be branded with your job recruiter brand or co-branded with both your job recruiter brand and the brand of your client to whom the Ad has been on sold or supplied.
- If you breach either or both of clauses 33 and 34 then Environmental Health Professionals Australia, in addition to its rights under clause 63, reserves the right to remove the Ad placed by you on the Site in breach of those clauses.
Misuse of candidate data, and on-selling
- Any personally identifiable information 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.
- 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 Environmental Health Professionals Australia to be a misuse of candidate data, and is prohibited.
- 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 Environmental Health Professionals Australia has otherwise consented to this). This restriction on forwarding personal information applies irrespective of whether you receive direct financial benefit for doing so.
- If Environmental Health Professionals Australia believes that you have misused candidate data for any reason, Environmental Health Professionals Australia reserves the right to:
- 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;
- immediately remove any of your Ads;
- report any potential contraventions of any privacy laws by you to the relevant authorities; and/or
- take legal action against you seeking any number of remedies provided by law, including the award of monetary damages.
- Posting a standard job ad on our Site is free unless you have an agreement for sponsored Ad.
- By posting a job Ad directly on our Site, you accept that we may distribute that Ad to third party sites.
- You must ensure that all Ads posted to the Site comply with all applicable legislation, regulations, by-laws, ordinances and codes of conduct, including but not limited to all applicable consumer laws, anti-discrimination laws and privacy laws.
- 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):
- within the details of a job ad (including from the apply functions);
- from within Environmental Health Professionals Australia’s job application process;
- within or from a previously approved externally hosted application form; and
- within any communications with a candidate via the Site; and
- without Environmental Health Professionals Australia’s express written approval which may be granted withheld or withdrawn at Environmental Health Professionals Australia’s discretion.
- You may only post Ads to the Site that are in respect of a genuine, paid employment opportunity that is current as at the time of posting the Ad, and for which you are currently recruiting. Environmental Health Professionals Australia reserves the right to request any information from you that it deems necessary to verify that a genuine, paid employment opportunity exists.
- Advertisers must ensure that all information entered into any data entry field, as part of the Ad classification process, relates directly to the relevant data field category. Environmental Health Professionals Australia reserves the right to amend, alter or remove any information that does not meet this requirement.
- The following actions constitute a new/additional job Ad:
- copying a job Ad;
- reposting an archived or deleted job Ad;
- Changes to job advertisement body copy and job Ad 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
- Environmental Health Professionals Australia will use reasonable endeavours to ensure that the Site is available for users at all times. Notwithstanding this, Environmental Health Professionals Australia and its third party service providers may be required to undertake maintenance and upkeep of the Site from time to time. Environmental Health Professionals Australia will endeavour to limit any ‘downtime’ to periods outside of standard business hours. Environmental Health Professionals Australia 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.
Licence to use data
- The Advertiser hereby grants Environmental Health Professionals Australia a perpetual, non-exclusive, irrevocable licence to use any stored data to:
- manage internal reporting requirements;
- collate statistical information about use of the Site and submission of online applications;
- analyse user behaviour on the Site;
- obtain and analyse high level trends and prepare reports relating thereto; and
- generally improve the candidate user experience.
- Further, the Advertiser hereby grants Environmental Health Professionals Australia a perpetual, non-exclusive, irrevocable licence to use and/or share Advertiser usage data (in accordance with applicable privacy laws) within its corporate group to improve the Advertiser experience.
- Advertiser usage data relates to an Advertiser’s engagement with the Site and the services offered.
Hardware & software
- It is the Advertiser’s responsibility to ensure that it has the necessary computer hardware and software systems in place to access and utilise the Site and email communication.
- Environmental Health Professionals Australia reserves the right to terminate your agreement with Environmental Health Professionals Australia if you post any job Ad or utilise any feature of the Site or Environmental Health Professionals Australia Product in any way which is in breach of any of these Terms without notice nor compensation.
- Environmental Health Professionals Australia reserves the right to, in its absolute discretion (acting reasonably), reject or remove any job Ad from the Site for any reason.
- Termination of our agreement with you as a result of you breaching any one or more of these Terms, will not end provisions of these Terms that are capable of surviving termination.
- These Terms are governed by the laws of Victoria. Advertisers irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of Victoria, and waive any objection to legal action being brought in those Courts on the grounds of venue or inconvenient forum.