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Listing Terms
1. Application
    • 1.1 These Listing Terms apply to Employers and are incorporated by reference into the Platform Terms.
    • 2.2 By visiting or using the Platform, creating an Account, and/or posting a Listing through the Platform, you agree:
      • (a) to be bound by these Listing Terms as an Employer until such time as this Agreement is terminated; and
      • (b) that you are at least the age of majority in your state or territory of residence, or that you are the age of majority in your state or territory of residence.
    • 1.3 If you do not agree to all these Listing Terms, then you may not access or use the Platform.
2. Appointment
    • 2.1 You appoint WorkinAUS to promote and facilitate the sale of your Listings via the Platform. Without limitation, this includes the non-exclusive right for WorkinAUS to advertise the Listings on the Platform, including by using the User Content you provide to us.
    • 2.2 Nothing in the Agreement restricts WorkinAUS from advertising, marketing or selling products that are the same as, or similar to, your Listings on the Platform.
3. Payment processor terms
    • 3.1 By using the Platform, you agree to adhere to Stripe’s Connected Account Agreement found here: https://stripe.com/au/connect-account/legal., which governs your use of Stripe Connect, and describes how you and the Platform uses Stripe’s services to process payments. Please review and agree to Stripe’s terms before continuing to use this Platform.
    • 3.2 You acknowledge and agree that we may, from time to time, change our payment provider.
4. Listings
    • 4.1 Subject to payment of any relevant Fee, Employers may use the Platform to submit a Listing, which may be placed by the categories set out in the Platform.
    • 4.2 You warrant that each Listing you submit:
      • (a) complies with all applicable legislation (including the Australian Consumer Law), and in particular does not contain any information that may mislead or deceive any person as to the availability, nature, terms of, or any other matter, relating to the relevant opportunity;
      • (b) complies with these Listing Terms; and
      • (c) relates to a single, current, genuine, paid employment opportunity offered by you, your employer or an entity who has authorised you to post the Listing on their behalf; and
      • (d) does not relate to any illicit activities.
    • 4.3 You must promptly remove a Listing once the employment opportunity has been fulfilled.
    • 4.4 You must promptly provide us with any information that we request relating to any Listing to verify that a genuine, paid employment opportunity exists, to confirm the accuracy of information in the Listing or to confirm that a Listing submitted by you is posted in the correct category on the Platform.
    • 4.5 We reserve the right to refuse or subsequently remove any Listing, including where:
      • (a) the Employer has not complied with its obligations under this Agreement;
      • (b) WorkinAUS reasonably believes that the Listing infringes any third party rights, contravenes any law or is prohibited or offensive; or
      • (c) WorkinAUS has not been able to verify the information provided to WorkinAUS by the Employer.
    • 4.6 If we do so, we may notify you by contacting the e-mail and/or billing address/phone number provided at the time the Listing was made.
5. Fees
    • 5.1 The Employer must pay the Fee for the Listing in full in advance, in the manner reasonably specified by WorkinAUS from time to time. WorkinAUS reserves the right to determine which credit card providers it will accept.
    • 5.2 WorkinAUS reserves the right to obtain a credit, or similar, check before conducting or continuing to conduct business with you. If so, you must either comply with WorkinAUS’ reasonable requirements or immediately stop using the Platform.
    • 5.3 The Fees are subject to change without notice. Any such changes will apply on a prospective basis only.
    • 5.4 If WorkinAUS offers any discounts on any Fees, it may do so subject to additional terms and conditions with which you must comply before you can take advantage of the disount.
    • 5.5 Where GST, or an equivalent tax, is payable in respect of the Fees or any other payment under these Listing Terms, you are solely responsible for all such taxes payable under this Agreement.
    • 5.6 Unless otherwise stated, all amounts are quoted in Australian Dollars.
    • 5.7 We reserve the right to suspend your access to the Platform, and any of your Listings, if your credit card provider declines payment at any time. We will also charge you interest on late payments at the applicable bank interest rate, plus any costs we incur in collecting payment from you.
6. Obligations
    • 6.1 The Employer must:
      • (a) act efficiently, honestly and fairly and with due care and skill in relation to its obligations under this agreement, including when interacting with other Users; and
      • (b) comply with all relevant laws that are applicable to its obligations under this Agreement.
7. Privacy
    • 7.1 In addition to any obligations under our privacy policy, you agree that if you receive personal information of a candidate through the Platform (Candidate Information), then:
      • (a) at all times, you must comply with all relevant privacy laws in respect of the Candidate Information;
      • (b) the Candidate Information must only be used by you in relation to your genuine employment and/or recruitment activities. In particular, you must not sell or offer for sale any eservices or products to candidates; and
      • (c) you must disclose Candidate Information to any third party, except with the candidate’s express prior consent.
8. Indemnity
    • 8.1 You agree to indemnify, defend and hold WorkinAUS and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from and against any claim or demand, including reasonable legal fees, made by any third party (including in respect of any User Dispute) due to, or arising out of or in connection with, any of your Listings, your breach of the Agreement, or your violation of any law or the rights of a third-party.
9. Definitions
Terms used throughout this Agreement have the meaning given them in the Platform Terms and otherwise, the term:
    • (a) Agreement means these Listing Terms, together with the Platform Terms and other policies and guidelines referenced within our Platform, including the Privacy Policy.
    • (b) Fee means the fees as specified on the Platform, which may apply to account creation, posting of Listings or other uses of the Platform as specified by WorkinAUS.
    • (c) Platform Terms means the terms applicable to Users in their use of the Platform, a copy of which is [available through the Platform / available at https://workinaus.com.au/partners/terms].
These Listing Terms were last updated in February 2023.