In addition to General 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 the Site.
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. Your continued use of this Site will be deemed as acceptance of these Terms by you.
Variation of Terms
Swotcase reserves the right to change these Terms at any time. If Swotcase makes any changes to these Terms, it will notify you by posting the new Terms on the Site. You acknowledge that by doing so, Swotcase has given you enough notice of the change to its Terms. Any substantial changes to the Terms that may be reasonably harmful to you will be informed to you 5 days before they take effect.
All amounts owing to Swotcase must be paid before purchasing the ad.
You are obliged to pay for the services that Swotcase agrees to provide you with regardless of whether you utilise or fully utilise those services. If you do not provide Swotcase with the necessary materials or information for Swotcase to deliver these services to you, you are still liable to Swotcase for full payment.
You agree that Swotcase may disclose this information to a credit reporting agency or interested persons as reasonably necessary.
Intellectual Property Rights
Swotcase retains all intellectual property rights subsisting in any of the goods and services provided to you by Swotcase.
Limitation of Liability and Disclaimer
Swotcase makes no guarantee that the services commonly available through the Site will be error-free or uninterrupted. 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, unless we are unable to exclude our liability by law.
Liability for breach of an implied term that cannot be excluded by law in the case of goods or services supplied or offered via the Site is limited, at our discretion, to either the supply of the goods or services (or equivalent goods or services) again or the payment of the cost of having the goods or services supplied again.
Even if we are aware of the possibility of such losses, we restrict our responsibility under these Terms to direct, indirect, consequential, special, punitive, or other damages that you or others may incur, as well as damages for loss of profit, business disruption, or loss of data or information.
Swotcase has no responsibility or liability for any inaccuracies in your advertising, and you must double-check them as soon as they are posted on the Site.
Swotcase promises to make reasonable attempts to publish advertising in a timely manner.
Swotcase cannot and does not guarantee or warrant that files available for download or delivery 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 with contaminating or destructive properties. You are responsible for adopting adequate processes and checkpoints to meet your specific needs for data input and output correctness, as well as for maintaining a method outside of the Site to recover any lost data.
Swotcase is a job search engine that connects job Swotcaseers with employers. Swotcase does not vet, and is not responsible for vetting, applicants or their claims, whether oral or written, including those contained in candidates’ resumes.
Changes to the Site
Swotcase retains the right to change the operation and/or appearance of its products and services accessible through Swotcase or the Site at any time without notice to you, including but not limited to ads on the Site and/or how they are represented on mobile communication devices. Swotcase will make every effort to evaluate the extremely negative impact that such changes may have on you.
You warrant and agree that:
- you have the legal capacity and power to agree to be bound by these Terms and to perform your obligations under them;
- advertisements and other works posted on the Site do not infringe on any third party’s intellectual property rights;
- all files delivered to Swotcase are free of infection or viruses;
- you will not use the Site for any illegal purpose; and 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 Swotcase, 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;
Without Swotcase’s prior written consent, you may not assign or transfer any of your rights and responsibilities under these Terms to any person or entity (which will not be unreasonably withheld). For the purposes of this section, any change in your effective control over a firm is considered an assignment.
You indemnify and will keep indemnified Swotcase, its officers, employees and agents against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by Swotcase in connection with:
- any breach of these Terms by you;
- any negligent act or omission by you;
- the listing or proposed listing of any advertisement 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 as a consequence of your advertisement appearing on the Site.
You undertake to handle with any information or services provided by Swotcase or accessible via the Site in a way that complies with all applicable laws of Australia, or any other relevant country, at all times (including, without limitation, privacy and copyright laws).
You may not alter, copy, reproduce, republish, upload, post, transmit, or distribute any material from this Site, including code and software, unless otherwise allowed by these Terms.
Without Swotcase’s prior written permission, you may not use data mining, robots, screen scraping, or other 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).
You may not use the Site to advertise any pyramid scheme or multi-level marketing scheme (in any form).
You may not ask or require any candidate to pay a fee, charge, cost, or any money in connection with the hiring process for any job advertised on the Site (including to apply), regardless of whether the 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 occurs as a result of a job advertisement placed on the Site.
You may not use any element of the Site to send candidates any unsolicited commercial electronic messages, whether individually or collectively. Candidate management tools may only be used in line with the Terms to communicate with candidates.
Without Swotcase’s prior written consent, you may not issue any press release, advertising material, promotional material, or any other kind of publicity pertaining to Swotcase to the general public.
- Any advertisements acquired by you from Swotcase must not be on-sold or supplied by you to third parties unless you are a media buyer (as approved by Swotcase) 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 Swotcase) in conjunction with the advertisements.
- Where you are a job recruiter and in accordance with clause (a) on sell or supply advertisements acquired by you from Swotcase, 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 advertisement has been on sold or supplied.
- If you breach either or both of clauses (a) and (b), then Swotcase, in addition to its rights, reserves the right to charge you the casual advertiser price for each advertisement placed by you on the Site in breach of those clauses.
Misuse of candidate data, and on-selling
Any candidate’s “personal information” (as defined by the Privacy Act 1988 (Cth)) that you obtain through your use of the Site, any features of the Site, or products offered on the Site (including job applications received from candidates) must only be used in connection with your genuine employment and/or recruitment activities.
Selling or providing services or products (such as learning or educational courses or tools) to candidates whose personal information you collected through your use of the Site (including job applications received from candidates) is forbidden by Swotcase.
You may not transmit any candidate personal information collected via your use of the Site (including job applications received from candidates) to any third party, including any affiliate or connected party of yours, under any circumstances (unless Swotcase has otherwise consented to this). Whether or not you obtain a direct financial gain for sending personal information, you are still subject to this limitation.
Swotcase takes its obligations under the Privacy Act 1988 (Cth) extremely seriously, and is resolute in its determination to prevent the misuse of candidate data. If Swotcase believes that you have misused candidate data for any reason, Swotcase 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;
- report any potential contraventions of the Privacy Act 1988 (Cth) by you to the relevant authorities, including the Office of the Australian Information Commissioner; and/or
- take legal action against you Swotcaseing any number of remedies provided by law, including the award of monetary damages.
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:
- 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 Swotcaseing employment as to the availability, nature, terms or conditions or, any other matter relating to the employment opportunity being offered;
- Fair Trading Act’s in all applicable States and Territories;
- Privacy Act 1988 (Cth) including the Australian Privacy Principles;
- Estate Agent Acts in all applicable States and Territories; and
- Human Rights and Equal Opportunity Commission Act 1986 (Cth); and
- all anti-discrimination and equal opportunity legislation applicable in the State or Territory in which you do business.
You must adhere to the principle of honest representation in advertising set out in the RCSA’s Code For Professional Practice.
All applications for job ads posted on Swotcase must not by any means disregard or preclude applications submitted via Swotcase, including by wording to that effect within the job ad itself.
You are not permitted to insert links to an external website or an externally hosted application form:
- within the details of a job ad (including from the apply functions);
- from within Swotcase’s job application process;
- within or from a previously approved externally hosted application form; or
- within any communications with a candidate via Search.
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 Swotcase’s job application process;
- within or from a previously approved externally hosted application form;
- within an employer/company profile; or
- within any communications with a candidate via Search.
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. Swotcase reserves the right to request any information from you that it deems necessary to verify that a genuine, paid employment opportunity exists.
Swotcase reserves the right to reject advertisements for positions located outside of Australia.
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.
Advertisers acknowledge and agree that each job advertising displayed on the Swotcase Site must only market one employment vacancy. Swotcase retains the right to charge Advertisers for the number of job roles displayed in a single job advertising posted on the Swotcase Site if Advertisers breach this duty and advertise multiple job positions in a single job advertisement.
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. Swotcase reserves the right to amend, alter or remove any information that does not meet this requirement.
Swotcase reserves the right and Advertisers must accept as a condition of advertising on the Site, Swotcase’s right to re-classify advertisements posted to the Site, entitling Swotcase to withdraw advertisements from one category of its Site and to re-publish advertisements in another category on the Site.
Standard job advertisements are valid for 30 days, although you can choose to expire the advertisement earlier.
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
You expressly authorise Swotcase to store and retain all applications submitted in response to the relevant ad within the Swotcase database, rather than emailing those applications to an external source.
Swotcase shall make reasonable efforts to guarantee that allowed users may access the Employer Dashboard at all times. Regardless, Swotcase and its third-party service providers may be forced to perform periodic maintenance and upkeep on the Employer Dashboard. Swotcase will make every effort to keep any downtime to times outside of normal business hours. Swotcase makes no guarantee that the services commonly available through the Site will be error-free or uninterrupted. 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 Employer Dashboard, unless we are unable to exclude our liability by law.
If you utilise the “Private Advertiser” name for your company profile then following clauses apply to you:
- At the time of collection of a candidate’s personal information (whether from a candidate or from Swotcase), or as soon as practicable thereafter, you warrant to Swotcase that you will:
- From time to time Swotcase receives requests from candidates regarding personal information collected by Advertisers. Where Swotcase receives such a request from a candidate whose personal information you have received, we will pass such request on to you. You warrant to Swotcase that whenever such request is provided to you, you will promptly and meaningfully respond to such request and will confirm such compliance to us.
- You agree to indemnify and hold Swotcase harmless against any loss or damage whatsoever that Swotcase may incur, including but not limited to any civil penalties which may be imposed, as a result of:
- a failure by you to comply with clauses 55 and 56;
- a breach of the Privacy Act 1988 (Cth) or the Australian Privacy Principles by you; or
- any indirect contravention of the Privacy Act 1988 (Cth) or the Australian Privacy Principles by Swotcase caused by your non-compliance with clauses 55 and 56.
Licence to use data
- the Advertiser hereby grants to Swotcase and Swotcase’s related parties a perpetual, non-exclusive, irrevocable licence to use any Advertiser 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 and/or the Advertiser user experience.
Swotcase may use any data relating to the Advertiser’s use of, or engagement with the Site and/or the Advertiser’s use of Swotcase’s products and services (Ancillary Data) for any purpose it sees fit, unless such Ancillary Data would reasonably be considered confidential in nature. Swotcase may disclose Ancillary Data to its related parties.
Hardware & software
It is the Advertiser’s duty to guarantee that the computer hardware and software systems required to access and use the Employer Dashboard are in place.
Swotcase reserves the right to terminate your agreement with Swotcase if you post any advertisement or utilise any feature of the Site or Swotcase Product in any way which is in breach of any of these Terms.
Swotcase reserves the right to, in its absolute discretion (acting reasonably), reject, edit or remove any advertisement 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 Western Australia. Advertisers irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of Western Australia and waive any objection to legal action being brought in those Courts on the grounds of venue or inconvenient forum.