Job Seeker Terms

These User terms (“Terms”) apply to all Users of this website. We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time. In using our website and services, you agree to be bound by these Terms as well as any and all general Terms and Conditions and our Privacy Policy that is posted on our website from time to time. If you do not accept these Terms, you are not permitted to use our website services.

Definitions

“Content” means any and all material, links, words, images including but not limited to any Webforms, Job Seeker stories or Employer stories a User submits, advertises or links to or on the website.

“Employer” means any eligible business or government agency lodging a Job Vacancy via our Webforms. For more information on who are eligible Employers, please contact us.

“Job” means any job, including any casual, part time, full time employment, or contracting for an Employer.

“Job Seeker” means any eligible job seeker lodging a Webform through our website. Eligible job seekers are those who come under the Australian Government’s jobactive and Disability employment services initiatives. For more information on who are eligible Job Seekers, please contact us.

“Job Vacancy” means a job vacancy lodged by an Employer with us through via our Webform.

“Services” means a website service where we provide information to assist Job Seekers, and where we match Job Seekers with Job Vacancies that have been lodged by Employers.

“the website” means www.wiseemployment.com.au.

“We”, “our” and “us” means the website, WISE Employment Ltd including its directors, employees, contractors and affiliates.

“Webform” means our online webforms that are used to register as a Job Seeker or to register a Job Vacancy.

“You” and “User” means the individual or business using our Services and by doing so, agree to these Terms.

How it works

1) You lodge a Webform with us to register your interest as a Job Seeker. Lodging a Webform and using our Services as a Job Seeker is free.

2) Job Seekers must provide basic personal information including name, street address, email address and phone number. Job seekers must also provide various other information including, but not limited to:

a) date and country of birth, languages spoken, Australian citizen or permanent residence status;

b) Government job seeker identification number, Centrelink reference number;

c) financial information such as housing, occupation financial status and income; and

d) sensitive information such as criminal history, health information, racial or ethnic background, need for an interpreter or disability, injury or illness. For further information on how we deal with this information, see our Privacy Policy.

3) Job Seekers must also provide a National Police Certificate and where required a Working with Children certificate. They also must provide a list of skills, experience, capacities, certificates, licences and any other qualifications as well as their availability.

4) We then share this information with relevant employer-related government departments to assess your eligibility.

5) Employers lodge Job Vacancies with us. We assess their information and eligibility. If you are an Employer please refer to Employer Terms below.

6) We then match Job Vacancies with Job Seekers.

General user agreement

To be eligible to use our Services, you agree to the below terms.

You warrant that:

  • You are 18 years of age or older and able to form a legal binding contract;
  • You will not use our website, or Services for any illicit, unlawful, fraudulent, inappropriate, offensive or otherwise illegal activities;
  • The information you post, provide on and through the website is true correct, and up to date and not false or misleading;
  • You will only interact and communicate with Employers through us, until we consent to you contacting them directly;
  • You have all relevant certifications, licences and experience to support your claims in any Webform;

If you agree to a Job Vacancy, you warrant:

  • You are legally and professionally qualified, have the relevant skills, experience and are competent to perform the agreed Job;
  • You will perform the Job to the best of your ability with due care and skill and to a reasonable standard for someone in your industry with your level of qualifications and experience;
  • That in performing the Job you will comply with all laws, regulations, by-laws, industry standards and any other requirements of any government, council or other authority.

You acknowledge and agree that:

  • We are a facilitator only for the purposes of permitting matching Job Seekers with Job Vacancies;
  • We cannot guarantee that we will find you an appropriate Job or Employer;
  • We are not responsible for, nor affiliated with any particular Employer beyond providing the Services;
  • You need to make all your own enquiries and do your own due diligence about any Employer. You need to independently verify any Job, and make your own assessment of the suitability of a Job for you. We do not do any background or other checks on any Employer. We are in no way responsible for any interaction, experience or meeting with an Employer or other arrangement and you engage in any Job and use our Services entirely at your own risk;
  • You permit us to do any background and reference checks on you as we require; and any Jobs agreed to be performed is your contractual relationship with the Employer. Any disputes, issues, dealings and complaints are to be dealt with directly and we are not to be involved. You agree to indemnify us for any claim which may result directly or indirectly from your action or inaction.

You further acknowledge and agree that:

  • By submitting any Content to the website, you represent that you have the ownership rights and title to this information and material. You also represent that you are not breaching any regulations, restrictions or third party rights in doing so.
  • By using this website, you authorise us to use, reuse and to grant others the right to use and re-use your Content and any reproduction or similar in any form of media or technology for any purpose related to the website.
  • We grant you a non-exclusive, royalty free, revocable licence to share Content from our website on your social media platform on the condition that you will do so in good faith, keeping the integrity of the information, and attributing the Content to us.
  • The website uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage; and you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the website.
  • We make no warranty that the website services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will use our best endeavours to ensure the website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will notify you if the website becomes unavailable for any lengthy and unusual time period.

Disputes

In the event of a dispute, if you are unhappy with the Job, or if something was not anticipated with the work, you must contact the Employer. www.wiseemployment.com.au is not and has no obligation to be involved in any dispute between Users. It is then up to you to either seek mediation for any issues or address any further requirements directly with the Employer.

If either party raises a dispute, we ask to be notified in writing with evidence of your notification to the other party of such dispute. If no agreement is possible, you will have to refer to the relevant Mediation of Disputes clause below.

MEDIATION OF DISPUTES: In the event that a dispute cannot be resolved between Users, both parties are encouraged to submit to a certified mediation process or to report any trade issues to the relevant trade body that governs that particular trade. Other means of resolution may include reporting your dispute to your local police or law enforcement agency or to the regulatory authority as appropriate.

Any dispute, claim or issue arising out of or in connection with our Services may be settled by confidential mediation at either party’s election. Each party shall bear its own costs for mediating any dispute.

Job Payment

At no time are we responsible for any remuneration, or any costs incurred by any Job Seeker that are not reimbursed by any Employer. It is solely up to the Job Seeker to ensure they are paid correctly, and that they provide receipts to the Employer and obtain reimbursement for any allowances that they may be entitled to in performance of the Job.

We are in no way responsible for remitting any tax or other payments to any regulator or government organisation on behalf of any Job Seeker. We have no affiliation or association with any Employer at any time beyond providing these Services including but not limited to employment, tax, payments, superannuation or any other business or legal requirement.

Cancellation and Termination

WE MAY TERMINATE YOUR USE OF OUR SERVICES AT ANY TIME: We have the right to terminate your use of our Services for any reason, at any time. You agree that we may, in our sole discretion, terminate or suspend your access to the website with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.

If we have reasonable grounds to suspect the information you provide to us or any User or any Content you provide is untrue, inaccurate or incomplete, or that you have breached any Terms, if your Content is offensive, or for any other reason including if, in our opinion, you have breached the purpose of our website, at our sole discretion we have the right to immediately withdraw your profile, and information and terminate your account. We may also deny the use of our website and Services to you in the future in the event of any breach.

We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

We may, but are not obligated to, remove any Content that we determine in our sole discretion may be unlawful, offensive, defamatory, obscene, or otherwise objectionable or violates a third party’s intellectual property or these Terms.

Disclaimer

All the Content on our website is for educational purposes only, is general in nature only, and is not in any way to be construed as individual or personal advice. The Content does not take into account your individual situation or job requirements. You should, before you act or use any of the Content, consider the appropriateness of this information having regard to your own personal situation and needs. You take full responsibility and risk for making any decision based on the Content on our website.

Liability

You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage including but not limited to injury, death, property damage, or loss of revenue or profits which may result directly or indirectly from your use of the Services or our website.

You acknowledge, agree and undertake that you shall be the legally responsible party for any Content provided by you in respect of any legal proceedings of any competent jurisdiction worldwide. You acknowledge and agree that we provide no representation or warranties as to the accuracy of information on our website.

Our liability is governed solely by the Australian Consumer Law and these Terms. We exclude all conditions and warranties implied by custom, law or statute apart from your rights that cannot be excluded, restricted or modified. In any case, our liability to you will not exceed $100AUD.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

No agency, partnership, joint venture, or employment relationship is created with you as a result of these Terms and you do not have any authority of any kind to bind us in any respect whatsoever.

Indemnity

You agree to indemnify and hold us harmless from and against any and all claims including but not limited to any damages whether direct or indirect resulting from (i) your reliance on any Content or information we provide to you on the website, or about a Job Vacancy; ii) your breach of our Terms, (iii) any third party claims (iv) your performance of a Job; (v) any activity you may engage in through any use of our Services, or (vi) your use of the Services. Damages may include any personal injury or death during the performance of any Job.

Modification of website content

We reserve the right at any time and from time to time to remove, delete, alter or amend any Content or the website. In particular, if we believe the Content to be inappropriate, potentially breach regulations, receive complaints or for any other reason and in our reasonable discretion, we may remove or modify Content at any time without notice. We shall not be liable to you or any third party for any modification when it is required.

We reserve the right to disclose your name and any other personal details of any User to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms.

Exclusion of unenforceable terms

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

Whole agreement

These terms and conditions represent the whole agreement between you and us concerning your use and access to our website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

Intellectual Property

All custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks of ours.

All other trademarks or service marks within this website are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name or any of our Users.

You are solely responsible for obtaining written permission before re-using any copyrighted material that is available on this website. Any unauthorised use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Links

Our website contains links to third-party web sites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. You further acknowledge and agree that we shall not be liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website.

Governing Law

These Terms are governed by the laws of Victoria which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of Victoria for determining any dispute concerning these Terms.

 

 

Employer Terms

These Employer terms (“Employer Terms”) apply to all Employer users of this website. We may modify and update these Employer Terms at any time, without notice. You need to ensure you review the Employer Terms from time to time. In using our website and services, you agree to be bound by these Employer Terms as well as any and all general Terms and Conditions and our Privacy Policy that is posted on our website from time to time. If you do not accept these Employer Terms, you are not permitted to use our website services.

Definitions

“Content” means any and all material, links, words, images including but not limited to any Webforms, Job Seeker stories or Employer stories a User submits, advertises or links to or on the website.

“Employer/You” means any eligible business or government agency lodging a job vacancy with us through our website. For more information on who are eligible Employers, please contact us.

“Job” means any job, including any casual, part time, full time employment, or contracting for an Employer.

“Job Seeker” means any eligible job seeker lodging a Webform as a job seeker through our website. Eligible job seekers are those who qualify for receiving employment assistance under the Australian Government’s jobactive and Disability Employment Services initiatives and other programs as set out on our website.

“Job Vacancy” means a job vacancy lodged by an Employer with us through our website.

“Services” means a website service where we provide information to assist Job Seekers, and where we match Job Seekers with Job Vacancies that have been lodged by Employers through our website.

“the website” means www.wiseemployment.com.au.

“We”, “our” and “us” means the website, WISE Employment Ltd including its directors, employees, contractors and affiliates.

“Webform” means our online Webforms that are used to register your interest as an Employer or Job Seeker.

How it works

1) You lodge a Webform with us to register your Job Vacancy. Lodging a Webform and using our Services as an Employer is free.
2) The Job Vacancy must indicate a job description, remuneration, location, and type of employment – casual/ part time full time or contract.
3) The Job Vacancy must indicate if materials and equipment are provided for the job.
4) We then share this information with relevant employer-related government departments to assess your eligibility.
5) Job Seekers provide various information to us, including their skills, experience, capacities licences, certificates and other qualifications with us. We assess their information, and eligibility.
6) We then match Job Seekers (both those who lodge Webforms, and others who visit our offices) with Job Vacancies (some of which are lodged via Webforms, and others which have been notified to us by Employers).

General Employment Agreement

To be eligible to use our Services, you agree to the below terms.

You warrant that:

  • Your Job Vacancy information is true, correct, and up to date;
  • Your Job Vacancy does not involve illegal activities;
  • Your Job Vacancy complies with the Australian Consumer Law and in particular is not false or misleading;
  • You will only interact and communicate with Job Seekers through us, until we consent to you contacting them directly;
  • You will comply with all occupational health and safety laws, all employment laws, and all other laws, regulations, by-laws, industry standards and other requirements of any government, council or other authority during the Job Seekers employ; and
  • You have adequate workers compensation and public liability insurance.

You acknowledge and agree:

  • We are a facilitator only for the purposes of permitting matching Job Seekers with Job Vacancies;
  • We cannot guarantee that we will find you an appropriate Job Seeker;
  • We are not responsible for, nor affiliated with any particular Job Seeker beyond providing the Services;
  • You need to make all your own enquiries and do your own due diligence about any Job Seeker. You need to independently verify any Job Seeker, and make your own assessment of the suitability of the Job Seeker for your Job Vacancy. We do not do any background, reference, educational or other checks on any Job Seeker. We are in no way responsible for any interaction, experience or meeting with a Job Seeker or other arrangement and you employ a Job Seeker and use our Services entirely at your own risk; and
  • Any Jobs agreed to be performed is your contractual relationship with the Job Seeker. Any disputes, issues, dealings and complaints are to be dealt with directly and we are not to be involved. You agree to indemnify us for any claim which may result directly or indirectly from your action or inaction.

You further acknowledge and agree that:

  • By submitting any Content to the website, you represent that you have the ownership rights and title to this information and material. You also represent that you are not breaching any regulations, restrictions or third party rights in doing so;
  • By using this website, you authorise us to use, reuse and to grant others the right to use and re-use your Content and any reproduction or similar in any form of media or technology for any purpose related to the website;
  • We grant you a non-exclusive, royalty free, revocable licence to share Content from our website on your social media platform on the condition that you will do so in good faith, keeping the integrity of the information, and attributing the Content to us; and
  • The website uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage; and you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the website.
  • We make no warranty that the website services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will use our best endeavors to ensure the website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will notify you if the website becomes unavailable for any lengthy and unusual time period.

Confirmation of Work and Disputes

In the event of a dispute, if you are unhappy with the Job, or if something was not anticipated with the work, you must contact the Job Seeker. www.wiseemployment.com.au is not and has no obligation to be involved in any dispute between Users. It is then up to you to either seek mediation for any issues or address any further requirements directly with the Job Seeker.

If either party raises a dispute, we ask to be notified in writing with evidence of your notification to the other party of such dispute. If no agreement is possible, you will have to refer to the relevant Mediation of Disputes clause below.

Mediation of Disputes

In the event that a dispute cannot be resolved between Users of the website, both parties are encouraged to submit to a certified mediation process or to report any trade issues to the relevant trade body that governs that particular trade. Other means of resolution may include reporting your dispute to your local police or law enforcement agency or to the regulatory authority as appropriate.

Any dispute, claim or issue arising out of or in connection with our Services may be settled by confidential mediation at either party’s election. Each party shall bear its own costs for mediating any dispute.

Job Payment

You are solely responsible for all remuneration for the Job Seeker, including all wages, superannuation, leave entitlements, expenses and allowances. At no time are we responsible for any costs incurred by any Job Seeker.

We are in no way responsible for remitting any tax or other payments to any regulator or government organisation on behalf of any Job Seeker. We are not responsible for any payments or any business or legal requirements of the Job Seeker, and we have no responsibility beyond providing the Services.

Cancellation and Termination

WE MAY TERMINATE YOUR USE OF OUR SERVICES AT ANY TIME: We have the right to terminate your use of our Services for any reason, at any time. You agree that we may, in our sole discretion, terminate or suspend your access to the website with or without notice and for any reason, including, without limitation, breach of these Employer Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.

If we have reasonable grounds to suspect the information you provide to us or any User or any Content you provide is untrue, inaccurate or incomplete, or that you have breached any Employer Terms, if your Content is offensive, or for any other reason including if, in our opinion, you have breached the purpose of our website, at our sole discretion we have the right to immediately withdraw your profile, and information and terminate your account. We may also deny the use of our website and Services to you in the future in the event of any breach.

We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

We may, but are not obligated to, remove any Content that we determine in our sole discretion may be unlawful, offensive, defamatory, obscene, or otherwise objectionable or violates a third party’s intellectual property or these Employer Terms.

Disclaimer

All the Content on our website is for educational purposes only, is general in nature only, and is not in any way to be construed as individual or personal advice. The Content does not take into account your employment requirements. You should, before you act or use any of the Content, consider the appropriateness of this information having regard to your own situation and needs. You take full responsibility and risk for making any decision based on the Content on our website.

Liability

You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage including but not limited to injury, death, property damage, or loss of revenue or profits which may result directly or indirectly from your use of the Services or our website.

You acknowledge, agree and undertake that you shall be the legally responsible party for any Content provided by you in respect of any legal proceedings of any competent jurisdiction worldwide. You acknowledge and agree that we provide no representation or warranties as to the accuracy of information on our website.

Our liability is governed solely by the Australian Consumer Law and these Employer Terms. We exclude all conditions and warranties implied by custom, law or statute apart from your rights that cannot be excluded, restricted or modified. In any case, our liability to you will not exceed $100AUD.

Our failure to exercise or enforce any right or provision of these Employer Terms shall not constitute a waiver of such right or provision.

No agency, partnership, joint venture, or employment relationship is created with you as a result of these Employer Terms and you do not have any authority of any kind to bind us in any respect whatsoever.

Indemnity

You agree to indemnify and hold us harmless from and against any and all claims including but not limited to any damages whether direct or indirect resulting from (i) your reliance on any Content or information we provide to you on the website, or about a Job Seeker; ii) your breach of our Employer Terms, (iii) any third party claims (iv) the performance of a Job Seeker; (v) any activity you may engage in through any use of our Services, or (vi) your use of the Services. Damages may include any personal injury or death during the performance of any Job.

Modification of Website and Content

We reserve the right at any time and from time to time to remove, delete, alter or amend any Content or the website. In particular, if we believe the Content to be inappropriate, potentially breach regulations, receive complaints or for any other reason and in our reasonable discretion, we may remove or modify Content at any time without notice. We shall not be liable to you or any third party for any modification when it is required.

We reserve the right to disclose your name and any other personal details of any User to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Employer Terms.

Exclusion of Unenforceable Terms

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

Whole Agreement

These terms and conditions represent the whole agreement between you and us concerning your use and access to our website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

Intellectual Property

All custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks of ours.

All other trademarks or service marks within this website are the property of their respective owners. Nothing in these Employer Terms grants you any right to use any trademark, service mark, logo, and/or our name or any of our Users.

You are solely responsible for obtaining written permission before re-using any copyrighted material that is available on this website. Any unauthorised use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Links

Our website contains links to third-party web sites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. You further acknowledge and agree that we shall not be liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website.

Governing Law

These Employer Terms are governed by the laws of Victoria which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of Victoria for determining any dispute concerning these Employer Terms.

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