Terms of Use for Employers

Paddl (www.paddljobs.com) (“Paddl”) is a web application and brand name wholly owned by CareerLounge Pty Ltd (ACN 131 952 004) (“CareerLounge”, “we”, “our” or “us”).

These are the terms on which CareerLounge will provide access to Paddl to an individual seeking to gain employment or other work-related opportunities (“Paddler, you or your”).

Definitions

Campus is the physical location of an educational institution where the Paddler is currently undertaking, or has previously undertaken, a Course. Where the Course is by Cloud/Online delivery, the Campus location will be the capital city of the state the Paddler resides in.

Course is a qualification (eg degree, certificate or other) offered by an educational institution.

Employer is a business or organisation who is registered in Paddl for the purpose of advertising employment and other work-related opportunities to Paddlers.

Employer Paddl Account means the access granted to an Employer via use of a username and password which allows your authorized user(s) to login to Paddl and utilize the features available including, but not limited to: advertising employment and other work-related opportunities to Paddlers; short-listing candidates using a variety of filters; and communicating with short-listed candidates.

Job Ad is an employment or work experience opportunity advertised in Paddl by an Employer.

Job Ad Fee is the amount payable by an Employer to post a Job Ad on Paddl, as advertised on www.paddljobs.com or in a proposal or other document provided by CareerLounge or Paddl.

Paddl Account means the access granted to a Paddler via use of a username and password which allows them to login to Paddl and utilize the features available including, but not limited to, viewing and applying for employment and other work-related opportunities advertised by Employers.

Paddl Educator is an educational institution (University, TAFE, RTO, Secondary School or other) which as registered with Paddl in order to (amongst other things): market Paddl to its students; validate Paddlers who claim in their Paddl Account to have undertaken a Course with the Educator; and receive reports from CareerLounge in relation to validated students (currently or previously enrolled with the Educator).

Paddler is an individual (including students and graduates) who has activated a Paddl Account for the purpose of gaining employment or other work-related opportunities.

Variation & Acceptance of Terms

  • You will be required to accept these terms before being granted an Employer Paddl Account. If, at any time after you have been granted an Employer Paddl Account, you determine you do not agree to any part of these terms, you must advise CareerLounge in writing to cancel your Employer Paddl Account (support@paddljobs.com).
  • 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.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 support@paddljobs.com.

Account

Jobs can only be advertised on Paddl by Employers with an Employer Paddl Account. In order to be granted an Employer Paddl Account, 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
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 Employer Paddl account.
We will use your Account Information in accordance with our Privacy Policy. In particular, we reserve the right to disclose your Account Information to third parties, including Paddlers, in order for you to use Paddl and interact with Paddlers.
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 support@paddljobs.com.
We may refuse your request for an Employer Paddl Account 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).

Payment for Services

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.
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.
All Job Ad Fees are non-refundable.
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.paddljobs.com or in a payment confirmation.
All payments made for services on Paddl are non-refundable.

Trademarks & Intellectual Property Rights

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.
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 these terms.

Links & Publicity

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 & Paddl 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.

Termination

We may terminate or suspend your Employer Paddl Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these terms.

Changes to Paddl

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

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.
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.
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.
We accept no responsibility or liability for any errors in your Job Ads and you must check your Job Ads for errors.
We agree to use reasonable efforts to publish Job Ads in the shortest possible time.
We act as a medium through which Paddlers seek employment opportunities. We do not vet, nor are we responsible for vetting, Paddlers or the representations made by them whether oral or in writing – including those representations appearing in a Paddl Account or an application from a Paddler. Despite our reasonable efforts to ensure the legitimacy of Paddl Account information, we cannot guarantee that applications are genuine or that Paddlers information is accurate.

Your Obligations

You warrant and agree that:
  1. You have the legal capacity and power to agree to be bound by these terms and perform the obligations under them;
  2. Job Ads and other content posted to Paddl do not breach the intellectual property rights of any third party;
  3. Job Ads and other content posted to Paddl do not breach any copyright or privacy laws;
  4. You will not use Paddl for any illegal purpose; and
  5. 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.
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.
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:
  1. Any breach of these terms by you;
  2. Any negligent act or omission by you;
  3. The listing or proposed listing of any Job Ads by you on Paddl; or
  4. 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.
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).
You may not use Paddl to post any pyramid scheme on Paddl and you also may not ask or require any Paddler 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 Paddler in the Job Ad itself or in any communication with the Paddler that takes place as a result of a Job Ad.
You may not use any feature of Paddl to send any unsolicited commercial electronic messages to Paddlers, whether individually or as a group.
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.
  1. Any Job Ads acquired by you from us must not be on-sold or supplied by you to third parties.
  2. If you breach this Clause 35, We reserve the right to charge you the Job Ad Fee for each Job Ad in breach of those clauses.

Misuse of Paddler data

Any ‘personal information’ (within the meaning of the Privacy Act 1988 (Cth)) of any Paddler that you obtain through your use of Paddl or any features of Paddl (including job applications received from Paddler) must only be used by you in relation to your genuine employment and/or recruitment activities.
Selling or offering services or products (such as learning or educational courses or tools) to Paddlers whose personal information you have obtained through your use of Paddl (including job applications received from Paddlers) is considered by us to be a misuse of Paddler data, and is prohibited.
You may not under any circumstances provide any Paddler personal information you have obtained through your use of Paddl (including job applications received from Paddlers) 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.
If we believe you have misused Paddler data for any reason, we reserve the right to:
  1. Immediately suspend or terminate your Employer Paddl Account, and/or suspend or terminate the Employer Paddl Account of any party that has received Paddler personal information from you in breach of these terms;
  2. Report any potential contraventions of the Privacy Act 1988 (Cth) by you to the relevant authorities; and/or
  3. Take legal action against you seeking any number of remedies provided by law, including the award of monetary damages.

Placing Job Ads

You must ensure that all Job Ads comply with all applicable legislation, regulations, by-laws, ordinances and codes of conduct, relevant and applicable to the country or location of the employment opportunity. In Australia this includes, but is not limited to, the:
  1. 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;
  2. Fair Trading Acts in all applicable States and Territories;
  3. Privacy Act 1988 (Cth) including the Australian Privacy Principles;
  4. Human Rights and Equal Opportunity Commission Act 1986 (Cth); and
  5. All anti-discrimination and equal opportunity legislation applicable in the State or Territory in which you do business.
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 Paddl Account without our express written approval which may be granted, withheld or withdrawn at our discretion.
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.
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.
You must ensure that Job Ads are tagged appropriately. It is your responsibility to ensure that you familiarize yourself with the available tags to ensure appropriate filtering of Paddlers who apply for any Job Ad you post.
You acknowledge and agree that you must only advertise one job position per Job Ad. Where You have breached this obligation and have advertised multiple positions in the one Job Ad, we reserve the right to charge you Job Ad Fees for each position advertised.
We reserve the right and you must accept as a condition of placing a Job Ad on Paddl, Our right to re-tag Job Ads.
Job Ads are valid for 30 days, although you can choose to expire the Job Ad earlier.

Authority to store and retain applications

You expressly authorise Paddl to store and retain all applications submitted by Paddlers in response to a Job Ad.
Terms of Use for Paddlers

Paddl (www.paddljobs.com) (“Paddl”) is a web application and brand name wholly owned by CareerLounge Pty Ltd (ACN 131 952 004) (“CareerLounge”, “we”, “our” or “us”).

These are the terms on which CareerLounge will provide access to Paddl to an individual seeking to gain employment or other work-related opportunities (“Paddler, you or your”).

IMPORTANT – if you are a business or organisation using Paddl for the purpose of advertising jobs, please refer to the Terms of Use for Employers.

Definitions

Campus is the physical location of the Educational Institution where the Paddler is undertaking the Course. Where the Padder is undertaking a course by Cloud/Online delivery, the Campus location will be the capital city of the state the Paddler resides in.

Course is a qualification (e.g. degree, certificate or other) offered by an educational institution.

Employer is a business or organisation who is registered in Paddl for the purpose of advertising employment and other work-related opportunities to Paddlers.

Job Ad is an employment or work experience opportunity advertised in Paddl by an Employer.

Paddl Account means the access granted to a Paddler via use of a username and password which allows you to login to Paddl and utilize the features available including, but not limited to, viewing and applying for employment and other work-related opportunities advertised by Employers.

Paddl Educator is an educational institution (University, TAFE, RTO, Secondary School or other) which has registered with Paddl in order to (amongst other things): market Paddl to its students; validate Paddlers who claim in their Paddl Account to have undertaken a Course with the Educator; and receive reports from CareerLounge in relation to validated students (currently or previously enrolled with the Educator).

Paddler is an individual who has activated a Paddl Account (excluding Employers).?

Variation & Acceptance of Terms

  • You will be required to accept these terms before being granted a Paddl Account. If, at any time after you have been granted a Paddl Account, you determine you do not agree to any part of these terms, you must advise CareerLounge in writing to cancel your Paddl Account (support@paddljobs.com).
  • 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.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 support@paddljobs.com.

Account Information

In order to be granted a Paddl Account, you will be required to provide certain personal information, which may include (but is not limited to) a username, password, email address, home postcode, Course (current and/or historical), employment history and date of birth (“Account Information”). You agree to:
  • provide accurate Account Information and to update your Account Information as necessary to keep it accurate; and
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 reserve the right (without further notice to you) to suspend, terminate, lock or delete your Paddl Account.
By providing your Account Information to us, or consenting or otherwise authorising the provision of your Account Information to us, you consent to our use of that Account Information for any purpose necessary, desirable or related to the provision to you of employment opportunities or other services, including but not limited to:
  1. the disclosure of your Account Information to your Educator for the purpose of your Course being validated by them:
  2. the disclosure of your Account Information to other third parties, including Employers.
In using or disclosing your Account Information to third parties, we will use your Account Information in accordance with our Privacy Policy.
Without limiting paragraph 3 above, by providing your email address to us, you consent to our use of that email address for the purpose of communicating with you, including:
  • by sending you information produced by or on behalf of any third party which may be relevant to your education, trade or profession or the provision of services to you (including any training, employment or other related service or experience); or
  • by sending 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 refuse your request for a Paddl Account 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).

Security of your information

CareerLounge will take such steps as are reasonable (given the circumstances) to maintain the privacy of your Account Information and protect it from misuse, interference, loss, unauthorised access, modification and/or disclosure (other than as expressly permitted under these terms). If for any reason (including negligence or default on the part of CareerLounge or its employees, agents and contractors) the privacy of your Account Information is compromised or your Account Information is misused, interferred with, lost, accessed or disclosed without proper authorisation or modified, CareerLounge disclaims all liability for any loss caused or suffered by you or any third party to the maximum extent permitted by law.

Copyright and trademarks

Copyright in the material and trademarks on Paddl is owned by CareerLounge unless otherwise indicated. You agree not to challenge or infringe any intellectual property rights owned by us.

Information for personal, non-commercial use only

You agree that information contained on Paddl is for your personal use only and must not be sold, redistributed or used for any commercial purpose (this includes but is not limited to the use of Employer contact details or other information for any commercial purpose (other than responding to a Job Ad). You may download material from Paddl for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.

Information does not represent professional advice

Paddl is a website designed principally for the purpose of providing you with Job Ads and other general information from Employers. You acknowledge and agree that neither Paddl (nor any officer, employee, agent or other person associated with Paddl) in any way endorses or recommends any Employer, Job Ad, employment opportunity or other information published or otherwise made available on Paddl and, before accepting any offer of employment or entering into any other agreement or arrangement with any Employer, we strongly recommend that you obtain your own independent advice concerning the Employer, the offer in the Job Ad or other agreement or arrangement (as the case may be).
It is your responsibility solely to evaluate the accuracy, completeness and usefulness of any information, including in any Job Ad or concerning an Employer, published on Paddl. CareerLounge does not independently check or confirm (and has no means whereby it can independently check or confirm) the accuracy or completeness of any information published on Paddl or on the internet generally. Accordingly, under no circumstances will CareerLounge be liable to you or any third party for the accuracy, completeness and usefulness of any information, including any Job Ad, published on Paddl or any decision made or action taken by you (or any third party) in reliance on any information published on Paddl or for the any omission, or incompleteness, of any such information.

No guarantees of job vacancy

CareerLounge does not guarantee you that any particular employment or training opportunity will be available to you on Paddl or that there will be at any time, and from time to time, any employment or training opportunities suited to your Course and/or skills available on Paddl. Further, CareerLounge does not guarantee the continued availability of any particular Job Ad on Paddl and will not have any liability or obligation to you in the event an Employer does not offer you the opportunity to apply for a Job or, having applied, the Job itself, withdraws a Job Ad, offers employment to another person or otherwise acts in a manner contrary to your interests.
CareerLounge does not guarantee to you that every Job Ad published on Paddl represents an actual job vacancy or that an Employer, having published a Job Ad, will fill the vacancy either at all or by offering it to you or any other Paddler.

Termination

We may terminate or suspend your Paddl Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these terms.

Changes to Paddl

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 and/or the terms and conditions attaching to your Paddl Account (and under which you are permitted to use Paddl).

Our rights to use information you send us

CareerLounge welcomes ideas and feedback from you about all aspects of Paddl. You agree that CareerLounge may reproduce, distribute, transmit, create derivative works of, and publicly display any materials and other information (including ideas for new or improved products and services) that you submit to any public areas of Paddl (such as bulletin boards, forums and newsgroups) or by email to Paddl. (Please read our Privacy Policy for more information as to how we deal with information you send to us).

No misrepresentations allowed

You agree that it is a condition of your use of Paddl and of any other services provided by CareerLounge or through Paddl that you will not through any act or omission (including but not limited to creating a Paddl Account) mislead or deceive others.

General Provisions

If any part of these terms is held invalid that part shall be severed from the terms and the remainder of the terms will continue to be valid and enforceable.
Termination of your Paddl Account will not end those provisions in these terms that are capable of surviving the termination of your Paddl Account.
The laws governing these terms will be the laws in Victoria, Australia and you submit to the exclusive jurisdiction of the courts of Victoria for the resolution of all disputes concerning or arising from these terms.
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