1.1 We are Scout Jobs Pty Ltd (ACN 603 495 245) (Scout).
1.2 Scout provides Scout’s hospitality, creative service and fashion industry recruitment services via www.scoutjobs.com.au (Service) to you, the job-hunter. Scout also provides services to talent-hunters on the Service.
2.1 By using the Service (including by viewing or submitting any posts, emails or messages), you agree to be bound by these terms and conditions of use (Terms). Please use the Service only if you have read, understood and agree to the Terms.
2.2 By using the Service, you consent to Scout using the information you provide to it in accordance with Scout's Privacy Policy.
2.3 Scout may from time to time update or modify these Terms and/or its Privacy Policy. The updated Terms and Privacy Policy will always be available on the Scout website. By using the Service after a change, you agree to any amendments made.
3.1 When using the Service, you promise that you will: (a) use it for the purpose of exploring and finding job opportunities suitable for you only and not use it in connection with any other commercial or business purpose; (b) only contribute legal, accurate, current, appropriate and original (or properly licensed) content; (c) not criticise or damage the reputation of Scout or any person or entity whose details, image or business features on the Service; (d) not infringe any intellectual property rights of any entity whose intellectual property (including logos, copy and other content) is made available by Scout on the Service; (e) not engage in any discriminatory conduct (including discrimination on the basis of race, gender, sexual preference, age, physical or mental disability, pregnancy, marriage status, nationality, religion, political views, membership of a union or party); (f) not disclose the personal information of any person without consent or send any electronic communication to any person without their consent; (g) not behave in an intimidatory, aggressive, hateful or threatening way; (h) not use the log-in details of any person other than yourself; and (i) not mislead, deceive or carry out any illegal or criminal purpose on or via the Service.
3.2 Please ensure that the information you upload or post is complete and accurate. Where necessary, please update your information. If your information is inaccurate, incomplete or outdated Scout’s ability to provide the Service may be compromised.
3.3 You must keep you user name, password and any other log-in details confidential and take reasonable steps to stop unauthorised users from using them. You must notify Scout immediately if any of these is lost or is or may have been disclosed to an unauthorised user. We can disable your account if we are contacted about any breach of your account’s security.
3.4 You acknowledge and agree that your right to use the Service may be revoked if you breach any of these Terms.
4.1 Scout provides the message board on which job-hunters and talent-hunters may exchange content. It is not the author of any content provided by such users and does not control the behaviour of users. To the extent permitted by law, the Service is provided to you on an "as is" basis. The Service may contain errors, faults and inaccuracies and may not be complete or current.
4.2 Scout makes no representations about the operation or suitability of the Service for any particular purpose; the availability, performance, security, characteristics or operation of the Service; or the truthfulness or reliability of content provided by any third party.
4.3 Scout makes no representations or warranties with respect to the availability, suitability, job position, location, activities, conditions, remuneration, period or work environment of any job opportunity listed on the Service; the terms of any employment agreement or services contract entered into in connection with the Service; or the conduct of the talent-hunters advertising job opportunities (including whether or not they will comply with any employment, work health and safety, privacy or other employment or work related laws). Those issues are issues between the talent-hunters and you.
5.1 The text, images, designs, graphics, pictures, applications, software, music, sound files, animation files, video files and their arrangement on the Service (including third party content) (Service Content) are all subject to copyright and other intellectual property protection laws in Australia.
5.2 Scout and/or its related entities are the owners or licensees of all Service Content. Apart from any use that is permitted under the Copyright Act 1968 (Cth) all rights are reserved.
5.3 Service Content may not be copied, reproduced, adapted, reposted to other Internet sites; or otherwise transmitted or distributed, without Scout’s consent. Some Service Content is subject to the copyright rights of third party content providers, including other job-hunters, talent-hunters, contributors and advertisers.
5.4 You acknowledge that: all intellectual property rights in the Service Content throughout the world belong to Scout or its related entities, Scout’s suppliers or Service users; and these Terms do not transfer title to any intellectual property in the Service Content to you.
5.5 You may provide text, images, designs, graphics, pictures, applications, software, music, sound files, animation files, video files on the Service to assist with your job-hunting activities (Your Content). When you provide Your Content, you grant to Scout and its related entities a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use Your Content to conduct the Service. You warrant that you are the owner or licensee of Your Content and that by providing it, you are not infringing any intellectual property rights or other rights of any owner of Your Content.
6.1 You agree that your use of the Service is subject to these Terms and is at your sole risk.
6.2 You agree that you are solely responsible for the implications of any of your acts or omissions in connection with communicating and working with any person you encounter on the Service. You are responsible for assessing any information or opinion expressed on or by the Service and that each decision and action you take is taken independently, with an opportunity to obtain independent advice (including legal advice) and having regard to your unique circumstances.
6.3 To the extent permitted by law, you agree that Scout will not be responsible or liable for any damages, economic loss or other loss whatsoever arising out of, or in any way related to: any matter in respect of which liability is excluded under clause 4.2 or 4.3; a failure to obtain employment or remuneration; the modification, interruption, suspension or discontinuation of the Service; any technical faults which impact on the availability or use of the Service; or your use of the Service or any Service Content.
6.4 Certain legislation (including the Australian Consumer Law) may impose consumer guarantees or obligations upon Scout which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These Terms must be read subject to these statutory provisions.
7.1 Scout may, in its sole discretion, temporarily or permanently suspend or terminate the rights granted to you under these Terms or remove or take down Your Content if Scout suspects in its sole discretion that you are not complying with the Terms or that you pose a threat to the Service or any of its users or that your conduct is inconsistent with Scout's brand values.
7.2 Scout will not be liable for any cost, expense or damages whatsoever for suspension or termination of your use.
8.1 As a job-hunter your use of the Service is free.
8.2 If Scout believes that you are a talent-hunter, it will be entitled to charge you the applicable fee(s) for your activity and/or suspend your use of the Service until payment is received.
9.1 Scout is responsible for addressing any questions, comments or claims relating to the Service and your use of them. If you have any comments, questions, complaints relating to the Service, or would like to report a violation of any these Terms, please contact feedback@scoutjobs.com.au.
9.2 Scout will not become involved in disputes between you and another job-hunter or a talent-hunter unless the dispute impacts on Scout’s legal rights or obligations.
9.3 You agree to use reasonable efforts to resolve any dispute you have with Scout before issuing proceedings based on the dispute.
10.1 These Terms are governed by the laws of Victoria, Australia.
10.2 These Terms are the entire agreement of the parties in relation to the use of the Service and supersede all other representations, understandings or agreements.
Version: 28/08/2017