Terms And Conditions | Industrial Hiring and Jobs

TERMS OF SERVICE

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 HawksCode Softwares Pty Ltd Trading as HRCrux in conjunction with these Terms.

Variation of Terms

  • HR Crux may vary these Terms at any time. If HR Crux varies these Terms, it will provide notice by publishing the varied Terms on the Site.
  • You accept all the terms and conditions if you are using HR Crux has provided you with sufficient notice of the variation to its Terms.

Intellectual Property Rights

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

Limitation of Liability and Disclaimer

HR Crux 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.

HR Crux 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.

HR Crux agrees to use reasonable efforts to publish advertisements in the shortest possible time.

HR Crux cannot and does not guarantee or warrant to the 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.

HR Crux acts as a medium through which individuals seek employment opportunities. HR Crux 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

HR Crux 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 HR Crux or the Site itself, including but not limited to advertisements on the Site and/or as they are represented on mobile communication devices.

Obligations

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.

Advertisements and other works posted on the Site do not breach the intellectual property rights of any third party.

All files delivered to HR Crux 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, libelous, abusive violent, obscene, invasive of another's privacy, racially or ethnically offensive or otherwise in our opinion objectionable or damaging to HR Crux, 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 HR Crux'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 HR Crux, its officers, employees and agents against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by HR Crux in connection with:

  • Any breach of these Terms or the Product 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
  • An actual or alleged breach by you of any law, legislation, regulations, by-laws, ordinances or codes of conduct which occurs a consequence of your advertisement appearing on the Site

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 HR Crux's prior written approval.

You may not use the Site to post any pyramid scheme on the Site and you also 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 advertisement itself or in any communication with the candidate that takes place as a result of a job advertisement placed on the Site.

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 the Employment Term.

You must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to HR Crux without HR Crux's prior written approval.

Any advertisements (including but not limited to Stand Out Ads and Premium Ads) acquired by you from HR Crux must not be on-sold or supplied by you to third parties unless you are a media buyer (as approved by HR Crux) 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 HR Crux) in conjunction with the advertisements (including but not limited to Stand Out Ads and Premium Ads)

Misuse of candidate data, and on-selling

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.

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 HR Crux 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 HR Crux has otherwise consented to this). This restriction on forwarding personal information applies irrespective of whether you receive direct financial benefit for doing so.

HR Crux 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 HR Crux believes that you have misused candidate data for any reason, HR Crux 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.

Take legal action against you seeking any number of remedies provided by law, including the award of monetary damages.

Or all of the above panalties.

Placing Advertisements

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 section 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;

  • Fair Trading Acts in all applicable States and Territories
  • Privacy Act 1988 (Cth) including the Australian Privacy Principles
  • Estate Agents Acts in all applicable States and Territories
  • Human Rights and Equal Opportunity Commission Act 1986 (Cth)

All anti-discrimination and equal opportunity legislation applicable in the State or Territory in which you do business. 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 HR Crux's job application process
  • Within or from a previously approved externally hosted application form
  • Within an employer/company profile
  • Within any communications with a candidate via Talent Search
  • Without HR Crux's express written approval which may be granted withheld or withdrawn at HR Crux's discretion

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 HR Crux's job application process
  • Within or from a previously approved externally hosted application form
  • Within an employer/company profile
  • Within any communications with a candidate via Talent Search
  • Without HR Crux's express written approval which may be granted withheld or withdrawn at HR Crux's discretion

You may only post Advertisements to the Site that are in respect of a genuine employment opportunity that is current as at the time of posting the Advertisement, and for which you are currently recruiting. HR Crux reserves the right to request any information from you that it deems necessary to verify that a genuine employment opportunity exists.

General Terms

HR Crux reserves the right to terminate your agreement with HR Crux if you post any advertisement or utilize any feature of the Site or HR Crux Product in any way which is in breach of any of these Terms or the Product Terms. Further, HR Crux reserves the right to, in its absolute discretion, reject 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 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.