Terms and Conditions

Definitions

  • ‘Crowdstaff’ is a registered Trade Mark
  • 'Jump On Jobs' is a registered Trade Mark
  • ‘Advertiser’: refers to Employers and Advertisers
  • ‘Employer’: refers to Advertisers and Employers
  • ‘Worker’: refers to Workers, Students, Candidates and job seekers
  • ‘Candidate’: refers to Workers, Candidates and job seekers
  • ‘Site’: refers to this website
  • ‘Job’: refers to Jobs and shifts
  • 'Parties’: refers to all users of the Site
  • ‘Company’: refers to Jump On Jobs Pty Ltd ACN 160 595 951


Introduction

  • All content appearing on CrowdStaff is copyrighted and is protected by the Copyright Act 1968 (Cth).
  • CrowdStaff is operated under licence by Jump On Jobs Pty Ltd ACN 160 595 951 and is governed by the following Terms and Conditions, the Privacy Policy and all notices and disclaimers appearing on this website (“Terms”).
  • By using the Site you agree to be bound by the Terms and Conditions.
  • Our Terms and Conditions may be updated from time to time and you should check for any updates.
  • These Terms and Conditions are governed by the laws of New South Wales, Australia. The Parties irrevocably submit to the exclusive jurisdiction of the courts of New South Wales.
  • The Site and the Company may amend, revise or replace the Terms and Conditions from time to time.


Employers/Advertisers

Before an Advertiser can advertise any Jobs on the Site an Advertiser account needs to be created. In registering with CrowdStaff to create an Advertiser account, the applicant agrees to the following terms and conditions that apply to all Advertisers:


  • All Advertisers must comply with the Australian Competition and Consumer Commission (ACCC) guide ‘Misleading job and business opportunity adverts: how to handle them’. This publication can be accessed at http://www.accc.gov.au/content/index.phtml/itemId/715525
  • The Advertiser is responsible for proof reading and checking advertisements to be placed. The Advertiser acknowledges and agrees that the Company and/ or the Site may reject, remove or suspend advertisements at any time should it so wish; and
  • The Advertiser warrants that the advertisement submitted by the Advertiser for publication and the advertisement as published (in either case, the “Advertisement”):
    • Is a genuine position as described in the advertisement and that this is the sole purpose of the advertisement;
    • Is not misleading or deceptive to potential Candidates or other persons. In particular, the Advertiser warrants that the advertisement and the Advertiser’s conduct in connection with the advertisement is not liable to mislead persons seeking the employment as to the availability, nature, terms or conditions of, or any other matter relating to, the employment;
    • Does not contravene applicable anti-discrimination laws: including, without limitation,
      • the Age Discrimination Act 2004 (Cth)
      • the Disability Discrimination Act 1992 (Cth)
      • the Racial Discrimination Act 1975 (Cth)
      • the Sex Discrimination Act 1984 (Cth)
      • the Discrimination Act 1991 (ACT)
      • the Anti-Discrimination Act 1977 (NSW)
      • the Anti-Discrimination Act 1996 (NT)
      • the Equal Opportunity Act 1984 (SA)
      • the Anti-Discrimination Act 1998 (TAS)
      • the Equal Opportunity Act 1995 (VIC)
      • the Equal Opportunity Act 1984 (WA)
      • (“Anti-Discrimination Laws”); and
    • Does not contain any material that could reasonably be considered to be defamatory or offensive.
  • The Advertiser warrants that it will not use any information obtained from any Candidates for the purpose other than the assessment of the persons’ suitability for the role being advertised. The Advertiser will comply with the Spam Act 2003 (Cth) and the Privacy Act 1988 (Cth) and applicable regulations under such legislation and the National Privacy Principles.
  • The Advertiser indemnifies the Company and the Site from any claim, loss or liability arising (whether directly or indirectly) in connection with the Advertisement or from breach of any warranty given by the Advertiser under the Terms of Use.
  • The Advertiser must take all reasonable care in guarding against unauthorised use of any login details that are used to access the Site. The Company and the Site are not responsible for any unauthorised access to Advertiser accounts through failure of the Advertiser to take such reasonable care.
  • If the Company and the Site permit you to advertise on the Site you grant the Company an irrevocable, permanent and royalty free licence to use any advertisement that has been submitted by you for placement on the Site or any other third-party website deemed reasonable by the Company and the Site for the express purpose of generating user views and applications. You may not and must not allow or permit other Parties on your behalf to copy advertisements, or to undertake Site scraping or other similar activities unless you have obtained the prior, express permission of the Company.


Workers/Candidates

Before a Candidate or Worker can apply for Jobs the Candidate/Worker needs to create an account. In registering with the Site the applicant agrees to the following terms and conditions:

  • The Candidate acknowledges that all advertisements and their contents appearing on the Site are the responsibility of the Advertiser.
  • It is the responsibility of each Candidate to satisfy himself or herself that the advertisement is genuine and that the details he or she provides to the Company, the Site and the Advertiser are appropriate to the roles advertised.
  • The Candidate must take reasonable care in protecting against unauthorised use of log-on details. The Company and the Site are not responsible for any unauthorised access to the Candidate’s stored information.
  • The Candidate warrants that in responding to any advertisement or making inquiries of an Advertiser he or she does so as a genuine potential Candidate in his or her own personal, non-commercial capacity.
  • The Candidate indemnifies the Company and the Site from any claim, loss or liability arising directly or indirectly from any personal details submitted to an Advertiser.
  • The Company and the Site reserve the right to disable the Candidate’s log-on if he or she is in breach of these Terms.


The Candidate (Worker) warrants that information submitted by the Candidate:

  • Is a genuine accurate description of: qualifications; skills; work experience; availability; or any other matter relating to employment;
  • Is not misleading or deceptive;
  • Does not contravene applicable anti-discrimination laws: including, without limitation,
    • the Age Discrimination Act 2004 (Cth)
    • the Disability Discrimination Act 1992 (Cth)
    • the Racial Discrimination Act 1975 (Cth)
    • the Sex Discrimination Act 1984 (Cth)
    • the Discrimination Act 1991 (ACT)
    • the Anti-Discrimination Act 1977 (NSW)
    • the Anti-Discrimination Act 1996 (NT)
    • the Equal Opportunity Act 1984 (SA)
    • the Anti-Discrimination Act 1998 (TAS)
    • the Equal Opportunity Act 1995 (VIC)
    • the Equal Opportunity Act 1984 (WA)
    • (“Anti-Discrimination Laws”); and
  • Does not contain any material that could reasonably be considered to be defamatory or offensive.


The Candidate warrants that he or she will not use any information obtained from an Advertiser other than for the purpose of assessment of the Candidate’s suitability for the role being advertised and to apply for the advertised role. The Candidate will comply with the Spam Act 2003 (Cth) and the Privacy Act 1988 (Cth) and applicable regulations under such legislation and the National Privacy Principles.


General

  • The terms and conditions apply generally to Advertisers, Candidates and other users or visitors to the Site, referred to as ‘you’.
  • You may not and must not allow or permit other Parties on your behalf to copy information or use data mining, robots, screen scraping, or similar data gathering and extraction tools on this Site except with our prior written consent.
  • You must not post any threatening, abusive, defamatory, obscene or indecent material on the Site, nor may any material posted be false, misleading, be spam, contain viruses or be capable of causing harm to the Company, the Site or their users.
  • You warrant that in accessing or visiting the Site or any user account you will not introduce any virus or other malicious, harmful or destructive code.
  • Any advertising appearing on the Site does not imply an endorsement or recommendation of the Advertiser or their products or services.


Submission of Advertising

In providing the Company and the Site with advertising you acknowledge that the Site is an online medium to facilitate the placement of Candidates into available positions. The Company and the Site do not provide any advice, representation, endorsement or opinion in connection with advertised positions.


To the full extent permitted by law:

  • The content appearing on the Site and the services are provided “as is” and without warranties of any kind, whether express or implied;
  • The Company and the Site limit their liability to you in connection with its services to:
    • Supplying the relevant Advertisement or service again; or
    • Payment of the cost of having the relevant Advertisement or service supplied again;
  • The Company and the Site will not be liable under any circumstances for any loss of profits, indirect, consequential or incidental loss, damage or injury.


Liability

The Company and the Site do not take responsibility for any of the following:

  • Any interruption to or inability to access any Job Board;
  • Any inability to log-on or access your online account;
  • Any delay or failure in an Advertisement being posted, archived, restored from archive, or taken down or any change to the details or content of such Advertisement being made; or
  • Any matter, circumstance or thing beyond the control of the Company and the Site.


No Guarantee

The Company and the Site provide a medium for Workers, Candidates and Employers to find and provide casual, temporary, contract, full time and permanent employment. The Company and the Site do not guarantee that if you are an Employer looking for employees that any suitable Workers will be available or if you are a Candidate that you will find any employment that is suitable for you.


The Company and the Site give no guarantee to you of the continued availability of any particular Job advertised on the Site and will not be liable to you should an Advertiser have filled the vacancy at any time prior to removal of the advertisement from the Site or if the Job is filled by another Worker.


Whilst the Company and the Site make efforts to ensure that Jobs advertised are for actual Job vacancies, it gives no guarantee to you that every Job advertisement represents an actual Job vacancy.


No Guarantees as to the Service

The Company and the Site provide no warranty to you that the services generally available through the Site will be uninterrupted or error-free or that defects in the service will be corrected. You also understand that the Company and the Site cannot and do not guarantee or warrant to you that files available for downloading through the Site or delivered via electronic mail through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.


No Guarantees of Other Sites

The Company and the Site may provide links and pointers to internet sites maintained by third parties. Such linked sites are not under the control of the Company and the Site. The Company and the Site are not responsible for the contents (including the accuracy, legality or decency) of any linked site or any link contained in a linked site. The Company and the Site are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company and the Site for the linked site.


The Company and the Site are not responsible for the copyright compliance of any linked site. The Company and the Site 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 service provided by any third party.


No Guarantees as to Security of Your Information

While the Company and the Site 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 the Site. The Company and the Site disclaim all liability to you to the greatest extent possible pursuant to law should this occur.


Your Responsibility for Your Password and Login

To become a registered user, you must provide a password and a login. You are entirely responsible if you do not maintain the confidentiality of your password and login. Furthermore, you are entirely responsible for any and all activities that occur under your login. You agree to immediately notify the Site of any unauthorised use of your login name or any other breach of security known to you.