This page states the terms of use (“Terms”) under which you (“You”) may use our SEEK, JobStreet by SEEK (excluding JobStreet Express) or JobsDB by SEEK employment websites and apps (collectively, “our websites and apps”). Please read them carefully as they affect Your rights and liabilities under the law. If You do not agree to these Terms, please do not register for an account or use our websites and apps. These Terms are effective on the date they are published on our websites and apps.

a. Our websites and apps are provided to you for your use subject to these Terms. These Terms form a binding agreement between you and SEEK Limited (ACN 080 075 314). By accessing or using our websites and apps you agree to accept and be bound by these Terms.

b. We may update these Terms from time to time and the updated version will apply to you. Our current Terms will be accessible through our websites and apps.

c. If we reasonably believe that changes to these Terms will be materially detrimental to Users, we will provide a notice on our websites and / or apps 30 days prior to the changes taking effect.

d. If you do not wish to accept the new Terms, you should not continue to use our websites and apps. If you continue to use our websites and apps, your use will indicate your agreement to be bound by the new Terms.

e. Your use of our Services (including our websites and apps) may be subject to another agreement/s with a SEEK Group entity (e.g. the Advertising Terms of Use). In the case of any conflict between these Terms and any other such agreement/s, the other agreement/s will prevail

a. To register an account on our websites and apps you must be capable of entering into a legally binding contract in the country in which you live.

b. You must ensure that the details provided by you to us on registration (or at any time) are correct and complete.

c. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details so that we can communicate with you effectively.

a. When you register an account through our websites and apps you will be asked to create a password or, in the case of a Candidate account, you may register using your Google or Facebook logins or Apple ID details (“Login Details”). In order to prevent fraud, you must keep your Login Details confidential and must not disclose them or share them with anyone. You agree to immediately notify us of any unauthorised use of your Login Details or any other breach of security that is relevant to us.

b. If we have reason to believe that there is likely to be a breach of security or misuse of our websites and apps, we may require you to change your Login Details or we may suspend your account.

c. You are entirely responsible if you do not maintain the confidentiality of your Login Details. Furthermore, you are entirely responsible for any and all activities that occur within or through your account. You may change your password at any time by following the instructions in ‘Settings’. You may also delete services attached to your registration at your convenience.

d. If you do not maintain the confidentiality of your Login Details:

• all resulting direct losses or damage incurred by us or you shall be borne by you; and

• you shall fully indemnify us for any loss or damage suffered by us as a direct result of your Login Details being compromised, except to the extent we contributed to any such loss or damage.

a. The SEEK Group owns all intellectual property rights associated with our websites and apps. Subject to the below paragraph, the SEEK Group retains all intellectual property rights in our websites and apps.

b. We do not own any pre-existing intellectual property owned by you (an example of which may be your company logo). However, you agree to provide us with a perpetual, non-transferable, royalty free licence to use your intellectual property in the products and services we provide (or make available) to you. If you withdraw this licence, we may be unable to provide certain products and services to you.

c. Unless otherwise expressly permitted by us, the materials and Content on our websites and apps must only be used for your personal, non-commercial purposes. You must keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for non-personal or commercial purposes any of the materials or Content on our websites and apps without prior written permission from us.

d. We welcome ideas and feedback from you about all aspects of our websites and apps. You agree that we may reproduce, distribute, transmit, create derivative works of, and publicly display any materials and other information (including ideas for new or improved products and services) that you submit to any public areas of our websites and apps (such as bulletin boards, forums and newsgroups) or directly to us (e.g. by email). You understand that you will not be compensated for your ideas and feedback, even if we subsequently make changes to our websites and apps (including products and services) following receipt of your ideas and feedback. If required by law, you will formally transfer any intellectual property or other rights in your ideas and feedback to us for nominal consideration.

e. Our websites and apps feature the use of open source software.

a. Although we aim to offer you the best service possible, we make no promise that our websites and apps will meet your requirements.

b. We cannot guarantee that our websites and apps will be uninterrupted, fault-free, error-free, or that our websites and apps and servers are free of viruses or other harmful mechanisms. If a fault occurs with our websites and apps you should report it to us and we will attempt to correct the fault as soon as we can.

c. Your access to our websites and apps may be occasionally restricted to allow for repairs, maintenance or the introduction of new content, facilities or services. We will attempt to restore access and/or service as soon as we reasonably can.

d. You also understand that we cannot and do not guarantee or warrant to you that files available for downloading through our websites and apps or delivered via electronic mail through our websites and apps 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 our websites and apps for the reconstruction of any lost data.

a. We hereby grant you a limited, terminable, non-exclusive right to access and use our websites and apps only for your personal use and/or employment purposes.

b. You may not use our websites and apps for any of the following purposes:

• disseminating any unlawful, illegally discriminatory, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;

• aggregating, copying or duplicating in any manner any of the Content or information available from any of our websites and apps, including expired job postings;

• reproducing any of the Content for general use;

• link to any Content or information available from any of our websites and apps unless we permit otherwise;

• transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or codes of practice;

• interfering with any other person’s use or enjoyment of our websites and apps; or

• making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

c. You agree not to resell or assign your rights or obligations under these Terms. You also agree not to make any unauthorised commercial use of our websites and apps.

d. You may not use data mining, robots, screen scraping, or similar automated data gathering, extraction or publication tools on our websites and apps (including without limitation for the purposes of establishing, maintaining, advancing or reproducing information contained on our websites and apps on your own website or in any other publication), except with our prior written consent.

All Users agree to not:

a. transmit, post, distribute, store or destroy material, including without limitation Content, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information, or in breach of our Privacy Policy;

b. violate or attempt to violate the security of any of our websites and apps, including, without limitation, accessing data not intended for them or logging into a server or account which they are not authorised to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication measures without proper authorisation, attempting to interfere with service to any user, host or network or sending unsolicited e-mails, including promotions and/or advertisements for products or services. Violations of system or network security may result in civil and/or criminal liability. We will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations;

c. reverse engineer or decompile any parts of any of our websites and apps;

d. aggregate, copy or duplicate in any matter any of the Content or information available from any of our websites and apps, including expired job postings, other than as permitted by these Terms or another agreement we have with you;

e. post any content or material that facilitates, promotes or endorses scams, false or misleading information or illegal activities, OR endorses or provides instructional information about illegal activities or other activities prohibited by these Terms, such as making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating media, OR promotes or endorses any political views;

f. post any profile, resume or apply for any job on behalf of another party;

g. share with a third party any login credentials to any of our websites and apps;

h. access data not intended for you or logging into a server or account which you are not authorised to access;

i. post or submit to any of our websites and apps any inaccurate, incomplete, misleading, false, not up to date biographical information or information which is not your own;

j. post content that contains restricted or password-only access pages, or hidden pages or images;

k. solicit Login Details from other Users;

l. delete or alter any material posted by any other person or entity;

m. harass, incite harassment or advocate harassment of any group, company or individual;

n. send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting and/or advertising products or services to any User, or contact any Users that have specifically requested not to be contacted by you;

o. attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any of our websites and apps, overloading, “flooding”, “spamming”, “mailbombing”, or “crashing” (or similar activity);

p. use our Services for any unlawful purpose or illegal activity, or post or submit any content, profile, resume, or job posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, harassing, abusive, hateful, racist, illegally discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined at our discretion; or

q. post any profile or resume which is not a genuine profile or resume and which attempts to advertise or promote products or services

a. If you are a Candidate, this section applies to you.

b. We hereby grant you a limited, terminable, non-exclusive right to access and use our websites and apps only for your personal use seeking employment opportunities for yourself. This authorises you to view and download a single copy of the Content or material on our websites and apps solely for your personal, non-commercial use.

c. When you register with any of our websites and apps, you will be asked to create an account and provide us with certain information including a valid email address.

d. Any Profile you submit must be accurate, complete, up to date and not misleading. The Profile requires standard fields to be completed by you. You may not impersonate another person, living or dead.

e. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any Profile and resume or material contained therein placed by you on our websites and apps.

f. You acknowledge and agree that you are solely responsible for any consequences arising from the creation of your account and the use of our websites and apps.

g. We reserve the right to offer third party services and products to you based on the preferences that you identify in your registration (or any time thereafter) or where you have agreed to receive such offers.

h. Please see our Privacy Policy for further details regarding your personal information / data. Please note, as set forth in the our Privacy Policy, we may collect certain User information and may contact Users periodically in accordance with the terms of our Privacy Policy. In addition, we reserve the right to comply, in our sole discretion, with legal requirements, requests from law enforcement agencies or requests from government entities, even to the extent that such compliance may require disclosure of certain User information. In addition, third parties may retain cached copies of User information.

i. You understand and acknowledge that all information provided by you, your Profile, resume, and/or other account information shall be disclosed to prospective Employers when you apply for a role. Your information may also be searchable by Employers via our Talent Search functionality – please refer to our Privacy Policy for further information, including how to adjust your visibility settings.

j. You understand and acknowledge that you have no ownership rights in your account and that if you cancel your account or your account is terminated, all your account information, including your Profile, resumes, cover letters, saved jobs, will be marked as deleted in and may be deleted from our Databases and will be removed from any public area of our websites and apps. Information may continue to be available for some period of time because of delays in propagating such deletion through our web servers. In addition, third parties may retain saved copies of your information and Employers may still have access to your previously submitted applications through our websites and apps for a period of time.

k. We reserve the right to delete your account and all of your information after a significant duration of inactivity.

l. We give no guarantee to you of the continued availability of any particular job advertised on our websites and apps and will not be liable to you should an Advertiser have filled the vacancy at any time prior to removal of the advertisement from our websites and apps. While we take efforts to ensure that jobs advertised are for actual job vacancies, we give no guarantee to you that every job advertisement represents an actual job vacancy.

a. If you are a user of seekMAX, this section applies to you.

b. You may need to create an account to use or have full access to our seekMAX features. You agree that in order to create an account with us you will be required to provide us with certain personal information which will be collected, used and stored in accordance with our Privacy Policy.

c. You understand and acknowledge that all information provided by you on your seekMAX Profile, including any personal information may be viewed by other users of seekMAX.

d. You understand and acknowledge that you have no ownership rights in your account and that if you elect to delete your seekMAX account or your seekMAX account is terminated, we will take all reasonable steps to delete or deidentify your personal information (including all account information and your seekMAX Profile). Please review our Privacy Policy for further information on the retention of your data.

e. If we determine that you have breached these Terms or other terms of seekMAX including, in particular, the community guidelines of seekMAX, we may suspend or permanently disable or delete your seekMAX account. We may also disable or delete your account where we are required to do so for legal reasons.

a. You understand that all User Content is the sole responsibility of the person from which such User Content originated.

b. You understand and acknowledge that all information provided by you, your Profile, resume, and/or account information shall be stored in our Databases.

c. You understand, acknowledge and consent that all information provided by you, your Profile, resume, and/or account information may be transferred to countries outside of your location for the purposes of storing and/or processing. Please see our Privacy Policy for further details.

d. By submitting, posting or displaying User Content on or through our websites and apps, you grant us, subject to your privacy setting and applicable laws, a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content through our websites and apps. We will discontinue this licensed use within a commercially reasonable period after such User Content is removed from our websites and apps. We reserve the right to refuse to accept, post, display or transmit any User Content in our sole discretion.

e. If you post User Content in any public area of any of our websites and apps, you also permit any User to access, view, store and reproduce such User Content for personal use.

f. We may review and remove any User Content that, in our sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any of our websites and apps. We reserve the right to expel Users and prevent their further access to our websites and apps and/or use of our Services for violating the Terms or applicable laws, rules or regulations. We may take any action with respect to User Content that we deem necessary or appropriate in our sole discretion if we believe that such User Content could create liability for us, damage our brand or public image, or cause us to lose Users.

g. We do not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by Users nor do we endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.

a. We may suspend your Candidate account registration immediately at our reasonable discretion if we reasonably believe you are engaging in unlawful or inappropriate conduct while using our website and we may cancel your Candidate account registration if you breach any of your obligations under these Terms and fail to remedy such breach within 14 days of us notifying you.

b. You can cancel your Candidate account registration at any time.

c. The suspension or cancellation of your Candidate account registration and your right to use our websites and apps shall not affect either party’s statutory rights or liabilities.

d. If you have an employer account with us, the Advertising Terms of Use determine the circumstances in which we can suspend or cancel your account.

a. These Terms will remain in full force and effect while you are a User of any of our websites and apps.

b. We reserve the right, at our sole discretion, to pursue all of our legal remedies, if you breach these Terms. This may include, but is not limited to:

• removal of your User Content from our websites and apps;

• immediate termination of your Candidate account registration;

• removing or restricting your access to our websites and apps and/or any of our Services.

c. Even after you are no longer a User of our websites and apps, provisions of these Terms that are capable of surviving will remain in effect.

a. Our websites and apps (which includes our Services) act primarily as venues for:

• Employers or their agents to post job opportunities and search for and evaluate job candidates;

• Candidates to create Profiles and search for, evaluate and apply to job opportunities; and

• Advertisers to post their advertisements.

b. To the maximum extent permitted by law, we are not responsible for User Content, the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of Employers to offer job opportunities to Candidates or the ability of Candidates to fill job openings and we make no representations about any jobs, Profiles, resumes or User Content on our websites and apps.

c. We do not endorse or recommend any of the jobs, business or self-employment opportunities advertised on our websites and apps and we strongly recommend that prior to entering into any agreement with any of the Advertisers on our websites and apps, that you obtain your own independent legal, accounting, financial or taxation advice as appropriate. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through our websites and apps or on the internet generally.

d. We reserve the right in our sole discretion to remove any User Content including but not limited to Profiles or other material from our websites and apps from time to time (acting reasonably). We may remove User Content of an employer in accordance with the Advertising Terms of Use.

e. Our websites and apps also provide content from other internet sites or resources and while we try to ensure that material included on our websites and apps is correct, reputable and of high quality, we do not make any warranties or guarantees in relation to that content. If we are informed of any inaccuracies in the material on our websites and apps we will attempt to correct the inaccuracies as soon as we reasonably can.

f. Note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretences. You assume all risks associated with dealing with other Users with whom you come in contact through our websites and apps. Other people’s information may be offensive, harmful or inaccurate, and in some cases may be mislabelled or deceptively labelled. We expect that you will use caution and common sense when using our websites and apps.

g. Our websites and apps and Content may contain inaccuracies or typographical errors. We make no representations about the accuracy, reliability, completeness, or timeliness of any of our websites and apps or the Content. The use of any of our websites and apps and the Content is at your own risk.

h. Nothing on our websites and apps shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its websites, products, services, hiring, experience, employment or recruiting practices, or otherwise.

i. While we take all due care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the internet or while stored on our systems or on our websites and apps. We disclaim all liability to you to the greatest extent possible pursuant to law should this occur.

j. If we are in breach of these Terms or have any other legal liability to you (to the extent it cannot be excluded under law), we will only be responsible for any losses that you suffer as a direct result and to the extent that they are a foreseeable consequence to both of us at the time you use our websites and apps. Our liability shall not in any event include business losses such as lost data, lost profits or business interruption.

k. To the maximum extent permitted by law, our liability for breach of a term (whether implied or otherwise) which cannot be excluded by law, is limited at our option to either, the supply of the products or services (or the equivalent products or services) again or the payment of the cost of having the products or services supplied again.

l. In the event we cannot exclude liability under law, the aggregate liability of the SEEK Group to you for all claims arising from your use of our websites and apps and/or our Services shall be limited to AUD100. Some jurisdictions do not allow such limitations of liability, so the foregoing limitation may not apply to you.

a. We shall not be liable for any loss of information howsoever caused as a result of any interruption, suspension or termination of our Services or for Content, accuracy or quality of information available or transmitted through our Services.

b. You acknowledge and agree that it is not our policy to exercise editorial control over and to edit or amend any data or contents of any emails or posting or any information that may be inserted or made available or transmitted to or from a third party in or through our websites and apps and/or our Services.

We may provide links and pointers to internet sites maintained by third parties from our websites and apps. Such linked sites are not under our control and we are not responsible for the contents (including the accuracy, legality or decency) of any linked site or any link contained in a linked site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the linked site. We are not responsible for the copyright compliance of any linked site. To the maximum extent permitted by law, we will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party.

a. Part of our websites and apps may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our websites and apps complies with relevant laws and codes.

b. We reserve the right to refuse to run any advertisements that, in our sole discretion, are not suitable for publication on any of our websites and apps.

c. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.

a. To the maximum extent permitted by law, you agree to indemnify the SEEK Group and its affiliates, and their respective officers, directors, employees, and agents, from any loss or damage suffered as a result of any third party claims, actions or demands, including without limitation reasonable legal and accounting fees, directly resulting from:

• any User Content or other material you provide to any of our websites and apps; or

• Your use of any Content,

except to the extent we contribute to any such loss or damage.

b. We shall provide notice to you promptly of any such claim, suit or proceeding.

a. Your contractual relationship is with SEEK Limited (ACN 080 075 314).

b. These Terms are governed by the laws of Victoria, Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Victoria, Australia.

c. SEEK Limited reserves the right to assign or novate these Terms (or any aspect of these Terms) to any member of the SEEK Group without your consent. If this occurs, we may elect to amend the details in clause 19 a). We will notify you 30 days in advance of such changes.

a. We make no promise that materials on our websites and apps are appropriate or available for use in your location, and accessing our websites and apps from territories where its contents are illegal or unlawful is prohibited. If you choose to access our websites and apps from your location, you do so on your own initiative and are responsible for compliance with local laws.

b. These Terms may be translated into the local language in the relevant territory. In the event of a conflict between the Terms in the English language version and the localised version, the English language version shall prevail. The localised version shall be deemed to be automatically amended to conform with and made consistent with the English language version.

a. You may not transfer any of your rights or obligations under these Terms to any other person. We may transfer our rights or obligations under these Terms to another business where we reasonably believe your rights will not be materially affected.

b. If you breach these Terms and we do not act, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms.

c. We shall not be responsible for any breach of these Terms caused by circumstances beyond our reasonable control.

d. If any of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms and all provision not affected by such invalidity or unenforceability shall remain in full force and effect.

e. Any member of the SEEK Group may assist in providing the relevant products and services to you.

a. “Advertiser” means a person or entity that is contracting to post advertisements on any of our websites and apps.

b. “Candidate” means a User who is accessing our websites and apps to search or apply for a job or in any other capacity except as an Employer.

c. “Content” includes all Text, Graphics, Design, Programming, information, images, video, audio files, software and other contents used on our websites and apps.

d. “Design” includes the colour combinations and the page layout of our websites and apps.

e. “Employer” means a person or entity that is accessing our websites and apps to post a job ad or utilising our Services for any reason related to the purpose of seeking candidates for employment.

f. “Graphics” includes all logos, button icons, and other graphical elements on our websites and apps, with the exception of paid advertising banners.

g. “our Database” includes all job advertisement posted on our websites and apps and/or all Candidates, Advertiser and/or Employers’ information registered with the SEEK Group.

h. “our Services” means any services provided by the SEEK Group or its agents including:

• the provision of an online employment marketplace, including posting and searching for employment opportunities, and creating Profiles which may include personal information;

• the provision of talent sourcing services;

• the provision of online resume search access;

• the provision of learning, community and career advice resources on seekMAX;

• matching of job specifications with potential candidate Profiles and advising Users and/or Candidates of the positions available;

• providing Advertisers and/or Employers with other ancillary talent sourcing and advertising services including banners, electronic direct mail system, design and posting support services; and

• providing Advertisers and/or Employers services to advertise on our websites and apps.

i. “Profiles” means individual profiles created by Users and/or Candidates or company profiles created by Employers on our websites and apps.

j. “Programming” includes both client-side code (HTML, JavaScript, etc.) and server-side code (Active Server Pages, VBScript, databases, etc.) used on our websites and apps.

k. “SEEK Group” means SEEK Limited (ABN 46 080 075 314) and its related bodies corporate, as defined by the Australian Corporations Act 2001 (Cth). References to “we” and “us” (and related terms) mean the SEEK Group unless otherwise stated.

l. “seekMAX” refers to the learning, community and career advice content platform on the SEEK Group mobile application.

m. “seekMAX Profile” means the user profile on seekMAX that may include personal information and photo.

n. “Text” includes all text on every page of our websites and apps, whether editorial, navigational, or instructional.

o. “User” refers to any individual or entity that accesses or uses any aspect of our websites and apps and/or our Services.

p. “User Content” means all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by Users on or through our websites and apps.

q. “You” or “you” means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms.