Advertising Terms of Use
These terms and conditions (“Terms”) govern all Advertisers (defined as “Advertiser”, “you” and
“your”) that:
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Have placed an advertisement (the relevant ad) on www.macrorecruitment.com.au (the
Site); and
Have been advised that applications submitted in respect of the position advertised in the
relevant ad will be stored on your behalf within MACRO Recruitment Job Board.
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.
The Site is owned and operated by MACRO Recruitment (ABN 25 103 297 552) defined as
("MACRO", “we”, “us” and “our”).
Your continued use of this Site will be deemed as acceptance of these Terms by you.
Variation of Terms
1. MACRO Recruitment may vary these Terms at any time. If MACRO Recruitment varies
these Terms, it will provide notice by publishing the varied Terms on the Site.
2. You accept that by doing this, MACRO Recruitment has provided you with sufficient
notice of the variation to its Terms.
Payment
3. Advertisements are placed after receipt of payment has been verified
4. You are obliged to pay for the services that MACRO Recruitment agrees to provide you
with regardless of whether you utilise or fully utilise those services. If you do not provide
MACRO Recruitment with the necessary materials or information for MACRO
Recruitment to deliver these services to you, you are still liable to MACRO Recruitment
for full payment.
5. Payments using American Express or Diners Club credit cards incur an extra charge of
3.02% (including GST) for American Express, or 2.46% (including GST) for Diners Club,
of the MACRO Recruitment’s payment amount. The rates are the same that MACRO
Recruitment is charged by American Express and Diners Club.
6. MACRO Recruitment 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.
7. If you do not pay your account on time MACRO Recruitment may disable your account
without notice and refuse to supply further services to you.
8. You agree that pursuant to the Privacy Act 1988 (Cth), MACRO Recruitment 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.
9. You agree that MACRO Recruitment may disclose this information to a credit reporting
agency or any other interested person.
Intellectual Property Rights
10. MACRO Recruitment retains all intellectual property rights subsisting in any of the goods
and services provided to you by MACRO Recruitment.
Limitation of Liability and Disclaimer
11. MACRO Recruitment 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.
12. 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.
13. 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.
14. MACRO Recruitment 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. MACRO Recruitment agrees to use reasonable efforts to publish
advertisements in the shortest possible time.
15. MACRO Recruitment 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 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.
16. MACRO Recruitment acts as a medium through which individuals MACRO Recruitment
employment opportunities. MACRO Recruitment does not vet, nor is it responsible for
vetting, job candidates or the representations made by them whether oral or in writing including those representations appearing in job candidates’ resumes.
Changes to the Site
17. MACRO Recruitment 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 MACRO Recruitment or the Site itself, including but not limited to
advertisements on the Site and/or as they are represented on mobile communication
devices.
Your Obligations
18. You warrant and agree that:
a. you have the legal capacity and power to agree to be bound by these Terms and
perform the obligations under them;
b. advertisements and other works posted on the Site do not breach the intellectual
property rights of any third party;
c. all files delivered to MACRO Recruitment will be free of infection or viruses;
d. you will not use the Site for any illegal purpose; and
e. 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 MACRO Recruitment, the
Site users or persons generally.
19. You may not assign or transfer any rights and obligations pursuant to these Terms to any
other person or entity without MACRO Recruitment 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.
20. You indemnify and will keep indemnified MACRO Recruitment, its officers, employees
and agents against all claims, actions, suits, liabilities, actual or contingent costs,
damages and expenses incurred by MACRO Recruitment in connection with:
a. any breach of these Terms or the Product Terms by you;
b. any negligent act or omission by you;
c. the listing or proposed listing of any advertisement by you on the Site or any
related site; or
d. An actual or alleged breach by you of any law, legislation, regulations, by-laws,
ordinances or codes of conduct which occurs a consequence of the
advertisement appearing on the Site.
21. You agree at all times to deal with any information or products provided by MACRO
Recruitment 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).
22. 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.
23. You may not use data mining, robots, screen scraping, or similar data gathering and
extraction tools on this Site for establishing, maintaining, advancing or reproducing
information contained on our Site on another website or in any other publication, without
MACRO Recruitment’s prior written approval.
24. 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.
25. 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 about the specific vacancy to
which they have applied. Resume database tools may only be used to communicate with
candidates about specific vacancies which match your preferences.
26. You must not release to the public any news release, advertising material, promotional
material or any other form of publicity relating to MACRO Recruitment without MACRO
Recruitment’s prior written approval.
Placing Advertisements
27. 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:
a. 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;
b. Fair Trading Acts in all applicable States and Territories;
c.
d.
e.
f.
Privacy Act 1988 (Cth) including the National Privacy Principles;
Estate Agents 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.
28. You must adhere to the principles of truth in advertising set out in the RCSA's Code for
Professional Practice.
29. You are not permitted to insert links to an external website or an externally hosted
application form:
a. within the details of a job ad (including from the apply functions);
b. from within MACRO Recruitment’s job application process;
c. within or from a previously approved externally hosted application form; or
d. within an employer/company profile;
Without MACRO Recruitment’s express written approval which may be granted withheld
or withdrawn at MACRO Recruitment’s discretion.
30. 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),;
a. within the details of a job ad (including from the apply functions);
b. from within MACRO Recruitment’s job application process;
c. within or from a previously approved externally hosted application form; or
d. within an employer/company profile
Without MACRO Recruitment’s express written approval which may be granted withheld
or withdrawn at MACRO Recruitment’s discretion.
31. 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.
32. Advertisers acknowledge and agree that they must only advertise one job role per job
advertisement posted on to the MACRO Recruitment’s Site. Where Advertisers have
breached this obligation and have advertised multiple job roles in the one job
advertisement, MACRO Recruitment’s reserves the right to charge the Advertiser for the
number of job roles advertised in the one job advertisement posted on to the MACRO
Recruitment’s Site.
33. 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. MACRO Recruitment’s reserves the right to amend, alter or remove any
information that does not meet this requirement.
34. MACRO Recruitment’s reserves the right and Advertisers must accept as a condition of
advertising on the Site, MACRO Recruitment’s right to re-classify advertisements posted
to the Site, entitling MACRO Recruitment’s to withdraw advertisements from one
category of its Site and to re-publish advertisements in another category on the Site.
35. Standard job advertisements are valid for 30 days, although you can choose to expire the
advertisement earlier.
Authority to store and retain applications
36. You expressly authorise MACRO Recruitment’s to store and retain all applications
submitted in response to the relevant ad within the Advertiser Centre, rather than
emailing those applications to an external source.
Access
Licence to use data
37. 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 is owned by the
Advertiser, and not MACRO Recruitment’s.
38. The Advertiser hereby grants MACRO Recruitment’s a perpetual, non-exclusive,
irrevocable licence to use any stored data to:
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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 job seeker user experience.
General Terms
39. MACRO Recruitment’s reserves the right to terminate your agreement with MACRO
Recruitment if you post any advertisement that may be in breach of any of these Terms
or the Product Terms. Further, MACRO Recruitment reserves the right to, in its absolute
discretion, reject or remove any advertisement from the Site for any reason.
40. 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.
41. 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.