Candidate Terms Of Use

1. OVERVIEW

The Jobs Academy website located at https://jobsacademy.futurewomen.com/ (Jobs Academy) is a jobs board operated by Future Women Pty. Ltd. (ABN 84 613 288 403) (Future Women) that enables prospective employers, agencies and other persons (Employers) to post advertisements for job vacancies and other information about the Employer (Job Ads) and to receive applications and other information from prospective candidates (each a Candidate) in response to those Job Ads (Applications).

2. AGREEMENT

These terms and conditions set out the agreement between Future Women and the Candidate governing the Candidate’s use of Jobs Academy including (without limitation) to make an Application for jobs advertised by Employer’s on Job Ads (Agreement).

The Candidate’s continued use of the Jobs Academy website will be deemed as acceptance by the Candidate of the terms of this Agreement.

3. ELIGIBILITY

A Candidate may only make an Application for jobs advertised in Job Ads on Jobs Academy if:
a) he or she registers an account with the Jobs Academy (Account);b) he or she is a natural person;
c) he or she is at least 18 years old;
d) he or she is eligible to work in Australia; and
e) the Candidate complies with the terms of this Agreement.

4. INTELLECTUAL PROPERTY

4.1 All content or software on or available through the Jobs Academy is owned by Future Women or its licensors.

4.2 Future Women grants the Candidate a limited, non-exclusive, revocable licence to use Jobs Academy for the sole purpose of reviewing Job Ads and to make Applications in accordance with the terms of this Agreement and all laws.

4.3 By making an Application Candidate grants Future Women a non-exclusive licence to reproduce, publish and communicate to Employers the Application through Jobs Academy and consents to the use of the Candidate’s personal information (including any sensitive information the Candidate elects to include in the Application) for this purpose or any related purpose contemplated by this Agreement or as required by the law.

5. DISCLAIMER

The Candidate acknowledges and agrees that Future Women does not take any steps to edit, modify or verify any content available through Jobs Academy including (without limitation) Employer’s details, Job Ads, Candidate information or Applications. All information contained on or accessed through Jobs Academy is provided as-is and Future Women makes no representation or warranty of any kind whether express, implied (either in fact or by operation of law), or statutory, as to any matter whatsoever, including (a) about the accuracy of any Employer information (including but not limited to Job Ads, Employer’s identities, eligibility, qualifications or suitability); (b) concerning the results of any Application and other uses of Jobs Academy; or (c) that Jobs Academy will be uninterrupted or error-free.

6. PRIVACY

Future Women will collect, hold, process, use and disclose personal information that the Candidate provides to it in connection with the Application or otherwise (including resumes, police reports, covering letters, applications, contact details and any other information provided with the Application) in accordance with the terms of this Agreement and Future Women’s privacy policy available at https://futurewomen.com/privacy-policy.
The Candidate acknowledges that he or she has complete discretion in relation to the personal information he or she chooses to include in the Application (including if the Candidate chooses to include sensitive information).

7. WARRANTIES

The Candidate represents and warrants that:
a) he or she is 18 years old;
b) he or she has the authority to enter into this Agreement;
c) he or she is eligible to work in Australia;
d) in using Jobs Academy, responding to Job Ads, making Applications and responding and otherwise communicating with Employers he or she will comply with all laws;
e) in entering into this Agreement, or accessing Jobs Academy, responding to Job Ads, making Applications or assessing Employers he or she has not relied on any representations made by Future Women;
f) the Applications do not infringe any intellectual property rights or any other rights of any third party or contain any materials that are defamatory or in breach of any laws; and
g) he or she will not use Jobs Academy in a way which implies that Future Women or any related bodies corporate certifies or endorses the Candidate, the Application or any good, service or activity of the Candidate.

8. INDEMNITIES

The Candidate indemnifies Future Women and its related bodies corporate, directors, employees, contractors and agents against any and all demands, claims, losses, expenses, damages, costs and liabilities (including, without limitation, legal costs), suffered or incurred by any of these parties arising out of or in connection with Candidate’s use of Jobs Academy, the Job Ads, any communications or other dealings with Employers, or any breach of this Agreement or any laws.

9. LIMITATION OF LIABILITY

Subject to any law to the contrary, and to the maximum extent permitted by law, Future Women and its related bodies corporate disclaim all liability for any loss or damage (whether foreseeable or not) suffered by the Candidate.

10. VARIATION

Future Women may vary this Agreement at any time. If Future Women varies this Agreement it will provide notice by publishing the varied Agreement on Jobs Academy.
The Candidates accepts that by doing this, Future Women has provided him or her with sufficient notice of the variation to the Agreement.

11. TERMINIATION

If the Candidates breaches one or more of the above conditions, or any other material term of this Agreement, Future Women may, in its sole discretion, immediately delete the offending Application without any obligation to notify the Candidate, or by notice to the Candidate to the most recent email address provided by the Candidate suspend the Candidate’s access to the Account or terminate this Agreement with the Candidate.
Future Women may terminate this Agreement at any time by notice to the Candidate to the most recent email address provided by the Candidate if it ceases to operate the Jobs Academy.

12. GENERAL

12.1 This Agreement supersedes any and all earlier agreements, arrangements, understandings, representations, statements, warranties, covenants, conditions and conduct.

12.2 No terms or conditions other than those set forth in this Agreement will be binding on Future Women or any of its related bodies corporate unless expressly agreed to in writing.

12.3 No failure to exercise nor any delay in exercising any right, power or remedy by a party operates as a waiver.

12.4 This Agreement does not create a partnership, agency relationship, employer relationship or joint venture between the parties.

12.5 This Agreement is governed by the laws of New South Wales and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales.

Employer Terms Of Use

1. OVERVIEW

The Jobs Academy website located at https://jobsacademy.futurewomen.com/ (Jobs Academy) is a jobs board operated by Future Women Pty. Ltd. (ABN 84 613 288 403) (Future Women) that enables prospective employers, agencies and other persons (each an Employer) to post advertisements for job vacancies and other information about the Employer (Job Ads) and to receive applications and other information from prospective candidates (Candidates) in response to those Job Ads (Applications).

2. AGREEMENT

These terms and conditions set out the agreement between Future Women and the Employer governing the Employer’s use of Jobs Academy including (without limitation) to post Job Ads and to receive Applications from Candidates (Agreement).
The Employer’s continued use of the Jobs Academy website will be deemed as acceptance by the Employer of the terms of this Agreement.

3. ELIGIBILITY

The Employer may place Job Ads on Jobs Academy if:
a) it registers an account with the Jobs Academy (Account);
b) the jobs are located in Australia;
c) the Employer is authorised to employ individuals in Australia;
d) the Employer complies with all laws in Australia including (without limitation) employment laws, anti-discrimination laws and privacy laws;
e) the Employer account holder is located in Australia; and
f) the Employer complies with the terms of this Agreement.
4. Conditions for posting Job Ads
Without limiting any other rights available to Future Women under this Agreement or at law, the Employer agrees that it will not by itself or through its related bodies corporate, agents, officers or employees, whether through the Job Ads or otherwise:
a) post Job Ads without a reasonable and legitimate intent to hire for a genuine employment opportunity that is current as at the time of posting the Job Ad, and for which the Employer is currently recruiting;
b) mispresent that an Employer has authority to post the Job Ad;
c) create Job Ads that contain misleading or deceptive information or misrepresent the nature of the Employer or the job;
d) fail to clearly disclose in any Job Ad if a position is for an independent contractor or is part-time, piecework, commission-based, or has otherwise non-traditional working conditions or compensation or post any kind of pyramid scheme;
e) provide Candidate information to any third party or use Candidate information for marketing or other purposes not related to assessing a Candidate’s suitability for a job advertised in the Job Ad;
f) advertise any good or service including goods or services offered by the Employer;
g) use any feature of the Jobs Academy to send any unsolicited commercial messages to Candidates, whether individually or as a group;
h) engage in any kind of illegal activity including (without limitation) fraudulent conduct, harassment or stalking;
i) create Job Ads or otherwise engage in recruitment or hiring practices that would be a violation of any law;
j) engage in solicitations, communications or transactions that violate any laws or regulations related to the prohibition of employment discrimination, or that violate laws governing legal eligibility to work;
k) use any automated means or form of scraping or data extraction to access, modify, download, query or otherwise collect information from the Jobs Academy; or
l) create Job Ads that contain malware, spyware or any other malicious code or otherwise interfere with the operation of the Jobs Academy or any third party device or system including (without limitation) of Candidates.

5. INTELLECTUAL PROPERTY

5.1 All content or software on or available through the Jobs Academy is owned by Future Women or its licensors.
5.2 Future Women grants the Employer a limited, non-exclusive, revocable licence to use Jobs Academy to post Job Ads for the sole purpose of advertising jobs in Australia and to receive and assess Applications in accordance with the terms of this Agreement and all laws.
5.3 By posting a Job Ad on Jobs Academy the Employer grants Future Women a non-exclusive licence to reproduce, publish and communicate to the public the Job Ads through Jobs Academy.

6. DISCLAIMER

The Employer acknowledges and agrees that Future Women does not take any steps to edit, modify or verify any content available through Jobs Academy including (without limitation) Employer’s details, Job Ads, Candidate information or Applications. All information contained on or accessed through Jobs Academy is provided as-is and Future Women makes no representation or warranty of any kind whether express, implied (either in fact or by operation of law), or statutory, as to any matter whatsoever, including (a) about the accuracy of any Candidate information (including but not limited to Applications, Candidate’s identities, eligibility, qualifications or suitability); (b) concerning the results of Job Ads and other uses of Jobs Academy; or (c) that Jobs Academy will be uninterrupted or error-free.

7. PRIVACY

The Employer must comply with all laws including (without limitation) the Privacy Act 1988 (Cth) and the Spam Act 2003 (Cth) in relation to the collection, handling, storage, processing, use and disclosure of any personal information that Employer receives through Jobs Academy including through Applications.

8. WARRANTIES

The Employer represents and warrants that:
a) it has the authority to enter into this Agreement;
b) it is eligible to post Job Ads on Jobs Academy and that the Job Ads meet the eligibility criteria and conditions set out in this Agreement;
c) in using Jobs Academy, posting Job Ads, receiving and assessing Applications and responding and otherwise communicating with Candidates it will comply with all laws;
d) in entering into this Agreement, or accessing Jobs Academy, posting Job Ads, receiving Applications or assessing Candidates it has not relied on any representations made by Future Women;
e) the Job Ads do not infringe any intellectual property rights or any other rights of any third party or contain any materials that are defamatory or in breach of any laws; and
f) it will not use Jobs Academy or post Job Ads in a way which implies that Future Women or any related bodies corporate certifies or endorses the Employer, the Job Ads or any good, service or activity of the Employer or any of its related bodies corporate.

9. INDEMNITIES

The Employer indemnifies Future Women and its related bodies corporate, directors, employees, contractors and agents against any and all demands, claims, losses, expenses, damages, costs and liabilities (including, without limitation, legal costs), suffered or incurred by any of these parties arising out of or in connection with Employer’s use of Jobs Academy, the Job Ads, any communications or other dealings with Candidates including hiring or employment decisions, or any breach of this Agreement or any laws.

10. LIMITATION OF LIABILITY

Subject to any law to the contrary, and to the maximum extent permitted by law, Future Women and its related bodies corporate disclaim all liability for any loss or damage (whether foreseeable or not) suffered by the Employer. Except for liability that cannot be capped, Future Women’s maximum liability to the Employer under this Agreement will be limited to $100.00. The Employer acknowledges and agrees that this limitation is reasonable having regard to the extent to each party’s obligations under this Agreement.

11. VARIATION

Future Women may vary this Agreement at any time. If Future Women varies this Agreement it will provide notice by publishing the varied Agreement on Jobs Academy.
The Employer accepts that by doing this, Future Women has provided it with sufficient notice of the variation to the Agreement

12. TERMINATION

If the Employer breaches one or more of the conditions in clause 4, or any other material term of this Agreement, Future Women may, in its sole discretion, immediately delete the offending Job Ads without any obligation to notify the Employer, or by notice to the Employer to the most recent email address provided by the Employer suspend the Employer’s access to the Account or terminate this Agreement with the Employer.
Future Women may terminate this Agreement at any time by notice to the Employer to the most recent email address provided by the Employer if it ceases to operate the Jobs Academy.

13. GENERAL

13.1 No terms or conditions other than those set forth in this Agreement will be binding on Future Women or any of its related bodies corporate unless expressly agreed to in writing.
13.2 No failure to exercise nor any delay in exercising any right, power or remedy by a party operates as a waiver.

13.3 This Agreement does not create a partnership, agency relationship, employer relationship or joint venture between the parties.

13.4 This Agreement is governed by the laws of New South Wales and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales.