Paddl – Terms of Service
The basic set of terms on which you may use Paddl by CareerLounge.
These are the terms (“Terms”) on which CareerLounge will provide services to businesses or organisations who participate in Paddl for the purpose of advertising jobs to students (“Employers”, “You”, “Your”).
Definitions relevant to these Terms
A CareerLounge Account includes a master username and password which allows You to login to Paddl, as well as any other CareerLounge web applications for which you have registered.
Course is a qualification (eg degree, certificate or other) delivered by a registered Educator Partner with CareerLounge and Paddl.
Educator Partner is an educational institution or organisation within the education industry (eg. University, TAFE, RTO or other) which has executed an Educator Partnership Agreement with CareerLounge and have registered Courses and Students in Paddl.
Employer is a business or organisation who is registered in Paddl for the purpose of advertising Jobs to Students.
Job Ad is an employment or work experience opportunity advertised in Paddl by You.
Job Ad Fee is the amount payable by an Employer to post a Job on Paddl, as advertised on www.careerlounge.com.au, in a proposal, in a web form completed by you or on www.paddljobs.com.
Student is an individual enrolled in, or recently graduated from, a Course.
Village means a specific industry or other grouping that has a focus on Jobs and Courses relevant to that industry. All Jobs in Paddl are filtered by Village.
Variation & Acceptance of Terms
• You will be required to accept these terms before registering your business or placing a Job on Padd. If You do not agree to the Terms, you must advise CareerLounge in writing to cancel Your registration.
• You may be removed from Paddl, with or without prior notice to You, for non-compliance with any provision in these Terms.
• We may vary these Terms at any time. If We vary these Terms, We will provide notice by publishing the varied Terms on www.careerlounge.com.au and/or www.paddljobs.com. You accept that by doing this, We have provided You with sufficient notice of the variation to these Terms.
Reliance on any information provided by Us and others on Paddl is solely at Your own risk.
Should you have any questions concerning these Terms please contact firstname.lastname@example.org.
Registration & Account Information
1. Jobs can only be advertised on Paddl by registered Employers. To register on Paddl, You will be required to provide certain information, which may include Your business name, contact name, details about Your business and a valid email address (“Account Information”). You agree to:
• Provide accurate Account Information and to update Your Account Information as necessary to keep it accurate; and
• Accept all liability for any unauthorized use of any member or user name and password issued (except for unauthorized use resulting from any negligent act or omission legally attributable to CareerLounge).
2. If you provide any information that is untrue, inaccurate or inappropriate or We have reasonable grounds to suspect that such information is untrue, inaccurate or inappropriate, We have the right to suspend, terminate, lock or delete Your Paddl account. We accept that You may make a mistake when registering information, and that You will need to correct such mistakes. However, We may suspend, lock, terminate and/or delete Your Paddl account if certain details about You are changed on more than one occasion.
4. By providing Your email address to Us, You consent to Our use of the email address to send You service-related notices, including among other things, notices required by law, in lieu of postal mail. You may not opt out of service-related emails. We may also use Your email address, (or for subscribers to mobile notifications, Your mobile number), to send You other messages, including information about Paddl, CareerLounge and special offers. You may opt out of such email or text messages by sending an email to email@example.com.
5. You agree that You will not allow others to use any aspect of Your Account Information. You have responsibility for taking steps to maintain the confidentiality and security of Your account. You agree to notify us immediately of any unauthorized use of Your password and/or account.
6. We cannot and do not know or control whether You have given access to your account to other people. You are therefore totally responsible for when and how your account with Paddl is used and the actions of the people (if any) you allow to access, or transmit information through Paddl (whether or not you have given them your username and password details or not).
7. We will not be responsible for any losses arising out of the unauthorized use of Your user name, password and/or account and You agree to indemnify us, our partners, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal use of the same.
8. We may refuse Your registration request for any reason, including if You attempt to associate the same email address with more than one account (irrespective of whether an existing account is inactive or has been deleted, locked or suspended).
9. To prevent unauthorized access, to maintain data accuracy, and to ensure the appropriate use of Account Information, we use appropriate physical, technical and administrative procedures to safeguard the information we collect. While CareerLounge takes all reasonable care to ensure the privacy, security and safety of the information you provide, including encrypting most web traffic with SSL, offering privacy, login and security options to users and performing regular backups of all user data, we are unable to offer any guarantee of security of this information whilst in transit over the internet or while stored on Paddl infrastructure. CareerLounge disclaims all liability to the greatest extent possible pursuant to the law should data loss or access breaches occur.
Payment for Services
10. If you choose to post a Job Ad, You agree to pay the Job Ad Fees. You are obliged to pay the Job Ad Fees regardless of whether you utilize or fully utilize those services. If You do not provide Us with the necessary materials or information for Us to deliver those services to You, You are still liable to Us for full payment.
11. In most cases, Job Ad Fees will be payable in advance on credit card. In the case where You are approved to be invoiced for Job Ad Fees, all amounts owing must be paid within 14 days of the date of invoice. We may charge You interest on late payments at Our applicable bank interest rate plus any costs We incur as a result of collecting your payment.
12. All Job Ad Fees are non-refundable.
13. You are responsible for all prices and charges for Paddl incurred by yourself or your authorized representative, in accordance with the billing provisions specified in an invoice, online form, on www.careerlounge.com.au, on www.paddljobs.com or in a payment confirmation.
14. All payments made for services on Paddl are non-refundable.
Trademarks & Intellectual Property Rights
15. You acknowledge and agree that:
• All intellectual property rights in Paddl (including but not limited to copyright in the software and codes underpinning Paddl), Paddl advertisements, Paddl content and Paddl logos (collectively CareerLounge IP) are the sole and exclusive property of CareerLounge; and
• You have no right, title or interest in or to any CareerLounge IP.
16. We acknowledge and agree that:
• All of your logos and advertisements (excluding content) (collectively Your IP) are solely and exclusively your property;
• We have no right, title or interest in any of Your IP; and
• We are authorized to use Your IP solely for the purpose of fulfilling our obligations under the Terms.
Links & Publicity
17. You acknowledge and agree that CareerLounge may use your name, and logo for the express and sole purpose of identifying you as a client of CareerLounge and a Paddl Employer in its marketing material, both print and electronic. You may elect to withdraw your permission for the use of your name and logo in Our marketing material, but must do so in writing with 30 days written notification for withdrawal of any material from the commercial domain.
18. We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Changes to Paddl
19. We reserve the right at all times without the need to have to provide any notice to you, to alter the functionality and/or appearance of Paddl, including but not limited to the presentation of Job ads.
Limitation of Liability and Disclaimer
20. We provide no warranty to You that services generally available through Paddl will be uninterrupted or error free. Except where we are unable to exclude our liability by law, 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 Paddl.
21. In the case of goods or services supplied or offered via Paddl, 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.
22. 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.
23. We accept no responsibility or liability for any errors in your Job Ads and you must check your Job Ads for errors.
24. We agree to use reasonable efforts to publish Job Ads in the shortest possible time.
25. We cannot and do not guarantee or warrant to You that files available for downloading through Paddl or delivered via electronic mail through Paddl, or features and products available through Paddl, 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 Paddl for the reconstruction of any lost data.
26. We act as a medium through which Students seek employment opportunities. We do not vet, nor are We responsible for vetting, candidates or the representations made by them whether oral or in writing – including those representations appearing in candidate’s resumes. Despite our reasonable efforts to ensure the legitimacy of Student information, we cannot guarantee that applications are genuine or that Students information is accurate.
27. 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. Job Ads and other content posted to Paddl do not breach the intellectual property rights of any third party;
c. Job Ads and other content posted to Paddl do not breach any copyright or privacy laws;
d. All files delivered to Us will be free of infection or viruses;
e. You will not use Paddl for any illegal purpose; and
f. You will not use Paddl or any features of Paddl or products offered on Paddl 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 Paddl, Paddl users, CareerLounge or persons general.
28. You may not assign or transfer any rights and obligations pursuant to these Terms to any other person or entity without Our prior written approval (which will not be unreasonable withheld). If You are a company, any change in Your effective control shall be deemed an assignment for the purpose of this clause.
29. You indemnify and will keep indemnified CareerLounge, its officers, employees and agents against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by CareerLounge in connection with:
a. Any breach of these Terms by You;
b. Any negligent act or omission by You;
c. The listing or proposed listing of any Job Ads by You on Paddl; 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 Your Job Ads appearing on Paddl.
30. You agree at all times to deal with any information or products provided by Us or accessed from Paddl in a manner which abides by all applicable laws of Australia, or of any other relevant jurisdiction (including, without limitation, privacy and copyright laws).
31. 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 Paddl including code and software.
32. You may not use data mining, robots, screen scraping, or similar automated data gathering, extraction or publication tools on Paddl (including without limitation for the purposes of establishing, maintaining, advancing or reproducing information contained on Paddl on another website or in any other publication), without Our prior written approval.
33. You may not use Paddl to post any pyramid scheme on Paddl 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 Ad 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 Ad.
34. You may not use any feature of Paddl to send any unsolicited commercial electronic messages to candidates, whether individually or as a group.
35. You must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to Us without Our prior approval.
a. Any Job Ads acquired by You from Us must not be on-sold or supplied by You to third parties.
b. If you breach this Clause 37a, We reserve the right to charge you the Job Ad Fee for each Job Ad in breach of those clauses.
Misuse of Candidate Data
36. Any ‘personal information’ (within the meaning of the Privacy Act 1988 (Cth)) of any candidate that you obtain through your use of Paddl or any features of Paddl (including job applications received from candidates) must only be used by you in relation to your genuine employment and/or recruitment activities.
37. 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 Paddl (including job applications received from candidates) is considered by Us to be a misuse of candidate data, and is prohibited.
38. You may not under any circumstances provide any candidate personal information you have obtained through your use of Paddl (including job applications received from candidates) to any other party, including to any affiliate or related party of yours (unless We have otherwise consented to this). This restriction on forwarding personal information applies irrespective of whether you receive direct financial benefit for doing so.
39. If We believe You have misused candidate data for any reason, We reserve the right to:
a. 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;
b. Report any potential contraventions of the Privacy Act 1988 (Cth) by You to the relevant authorities; and/or
c. Take legal action against you seeking any number of remedies provided by law, including the award of monetary damages.
40. You must ensure that all Job Ads 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. Privacy Act 1988 (Cth) including the Australian Privacy Principles;
d. Human Rights and Equal Opportunity Commission Act 1986 (Cth); and
e. All anti-discrimination and equal opportunity legislation applicable in the State or Territory in which you do business.
41. You are not permitted to insert links to an external website or an externally hosted application form from a Job Ad or from your Employer or company profile on Paddl without Our express written approval which may be granted, withheld or withdrawn at Our discretion.
42. 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) anywhere on Paddl.
43. You may only post Job Ads that are in respect of a genuine employment opportunity that is current as at the time of posting the Job Ad, and for which you are currently recruiting. We reserve the right to request any information from You that We deem necessary to verify that a genuine employment opportunity exists.
44. You must ensure that Job Ads are posted to the appropriate Village. It is your responsibility to ensure that you familiarize yourself with the available Villages to ensure appropriate filtering of candidates.
45. You acknowledge and agree that You must only advertise one job role per Job Ad. Where You have breached this obligation and have advertised multiple job roles in the one Job Ad, We reserve the right to charge You Job Ad Fees for each role advertised.
46. We reserve the right and You must accept as a condition of placing a Job Ad on Paddl, Our right to re-classify Job Ads, entitling Us to withdraw a Job Ad from one Village and to re-publish it in another Village.
47. Job Ads are valid for 30 days, although You can choose to expire the advertisement earlier.
Authority to Store and Retain Applications
48. You expressly authorise Paddl to store and retain all applications submitted in response to a job ad.