Terms and Conditions

Terms & Conditions

Website terms of use
www.twhcjobs (Website) is owned and operated by the working holidayclub™ as Backpacker Job Board (ABN 81 158 198 059 (referred to in these terms as we, us, or our). By accessing the Website, by signing up to our mailing list, or by registering as an Employer or Job Seeker, you (you, your) agree to be bound by the following terms and conditions between you and us. These terms incorporate our Privacy Policy and govern your access to and use of the Website. If you do not agree to these terms and conditions or these terms are terminated, you must not access the Website. We may amend these terms from time to time and will place a notice of any change on the Website. You agree that this will be sufficient notice of the variation of these terms. If you continue to use the Website after 30 days of that notice then you are deemed to have accepted that change.
If terms of another agreement between us and you also apply, then to the extent of any inconsistency between those terms and these terms of use, the former will prevail.

Agreed terms
1. Registration
Registration
To register as an Employer or Job Seeker, you can do so via the ‘Register’ link on the Website.
Subject to these terms, from the date of your registration (Registration Date), we grant you a limited, non-exclusive, non-transferrable licence to use the Website to:

for Job Seekers: search for and apply for job vacancies advertised on the Website; and
for Employers: subject to payment of the relevant Advertising Fees (if applicable), place a job ad on the Website for a legitimate job vacancy.

Account
Your account is subject to our approval. We reserve the right to suspend, reject, or delete accounts or request amendments if any part does not meet our requirements for inclusion on the Website at any time, if we believe that you have provided wrong or misleading information, or if we have reason to suspect that you have breached any of your obligations or warranties under these terms.
You must keep your Website login ID and password confidential and secure, and not disclose it to anyone.
You are responsible for the use of your login ID and password, whether the use is by authorised users or any other person. Any act or omission by a user of your login ID and password is deemed to be an act or omission by you, specifically including acts or omissions which incur Advertising Fees.

2. Advertising Fees

This clause 2 applies if you have registered as an Employer.
You may post a job ad on our website for free, subject to clause 2.3.
We may charge Advertising Fees for certain premium services, including job ads in specified categories, featured job ads, boosted job ads, ad upgrades and premium employer upgrades. Advertising Fees will be notified to you prior to you incurring any Advertising Fees.
We reserve the right to vary at any time the services which attract Advertising Fees, and such variations will apply to any new job ads posted after the date of the variation. You will be notified of any variations to the premium services.
Advertising Fees are payable in advance. Your job ad will not be placed on the Website until we have received your payment in full.
We will provide you with an invoice for the Advertising Fees via PayPal (or another method as per our internal processes).
You are obliged to pay for the premium services that we agree to provide you with regardless of whether you utilise or fully utilise those premium services. If you do not provide us with the necessary materials or information for us to deliver these premium services to you, you are still liable to us for full payment.

Terms & Conditions
Website terms of use
www.twhcjobs.com (Website) is owned and operated by The working holiday club club™ trading as www.twhcjobs.com ABN 70 631 879 546) (referred to in these terms as we, us, or our). By accessing the Website, by signing up to our mailing list, or by registering as an Employer or Job Seeker, you (you, your) agree to be bound by the following terms and conditions between you and us. These terms incorporate our Privacy Policy and govern your access to and use of the Website. If you do not agree to these terms and conditions or these terms are terminated, you must not access the Website. We may amend these terms from time to time and will place a notice of any change on the Website. You agree that this will be sufficient notice of the variation of these terms. If you continue to use the Website after 30 days of that notice then you are deemed to have accepted that change.
If terms of another agreement between us and you also apply, then to the extent of any inconsistency between those terms and these terms of use, the former will prevail.

Agreed terms

1. Registration
Registration
To register as an Employer or Job Seeker, you can do so via the ‘Register’ link on the Website.
Subject to these terms, from the date of your registration (Registration Date), we grant you a limited, non-exclusive, non-transferrable licence to use the Website to:

for Job Seekers: search for and apply for job vacancies advertised on the Website; and
for Employers: subject to payment of the relevant Advertising Fees (if applicable), place a job ad on the Website for a legitimate job vacancy.

This clause 2 applies if you have registered as an Employer.
You may post a job ad on our website for free, subject to clause 2.3.
We may charge Advertising Fees for certain premium services, including job ads in specified categories, featured job ads, boosted job ads, ad upgrades and premium employer upgrades. Advertising Fees will be notified to you prior to you incurring any Advertising Fees.
We reserve the right to vary at any time the services which attract Advertising Fees, and such variations will apply to any new job ads posted after the date of the variation. You will be notified of any variations to the premium services.
Advertising Fees are payable in advance. Your job ad will not be placed on the Website until we have received your payment in full.
We will provide you with an invoice for the Advertising Fees via PayPal (or another method as per our internal processes).
You are obliged to pay for the premium services that we agree to provide you with regardless of whether you utilise or fully utilise those premium services. If you do not provide us with the necessary materials or information for us to deliver these premium services to you, you are still liable to us for full payment.

3. Job ads
This clause 3 applies if you have registered as an Employer.
We accept no responsibility or liability for any errors in your job ads and you must check your job ads for errors as soon as they are placed on the Website.
You must ensure that all job ads posted to the Website comply with all applicable legislation, regulations, by-laws, ordinances, and codes of conduct.
Job ads must be approved by us prior to publication. We will use reasonable efforts to publish job ads in the shortest possible time. This may be longer during busy periods.

We will not approve job ads if:

the job ad is a duplicate;
the job ad is not relevant to a backpacker on a working holiday visa;
the job ad is not for a genuine vacancy;
the vacancy title is not the job title advertised;
the job ad is vague or not descriptive enough;
the job ad is sex industry related, inappropriate, or explicit (including without limitation job ads for strippers, models, bikini waitresses, and ‘masseuse’);
the job ad is spam;
the job ad requires Job Seekers to pay a fee;
you post the job ad in the wrong category; or
you are a competitor job board.

We reserve the right to remove any job ad if it does not comply with these terms or any applicable legislation, regulation, by-law, ordinance, or code of conduct.
You may include links to your official website and social profiles within your employer/ company profile. All other links to external websites or externally hosted application forms are not permitted without our prior consent, whether within your employer/ company profile, a job ad, or our job application process.
You may only post job ads to the Website 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 acknowledge and agree that you must only advertise one job role per job ad posted on to the Website. Where you have breached this obligation and have advertised multiple job roles in the one job ad, we reserve the right to charge you any applicable Advertising Fees under clause 2 for the number of job roles advertised in the one job ad posted on to the Website.

You must ensure that all information entered into any data entry field, as part of the job ad classification process, relates directly to the relevant data field category. We reserve the right to amend, alter or remove any information that does not meet this requirement.
We reserve the right and you must accept as a condition of advertising on the Website, our right to re-classify job ads posted to the Website, entitling us to withdraw job ads from one category of the Website and to re-publish job ads in another category on the Website. If we consider that the job ad correctly belongs within a category which incurs Advertising Fees under clause 2, we will contact you in advance and provide you with the option of incurring Advertising Fees or withdrawing the job ad.

We encourage you to remove job ads promptly once you no longer need the job ad. We reserve the right to remove job ads older than 6 months from the Website.
The following actions constitute a new/ additional job ad which may incur Advertising Fees under clause 2:
copying a job ad;

reposting an archived or deleted job ad; and
changing a zone classification and refreshing any job posting. Refreshing is the process of deleting and re-posting the same or a substantially similar job ad.
Changes to job ad body copy and job ad title or location, work type, classification and sub-classification categories do not constitute a new job ad, regardless of the method used to post the job ad.

4. The Website
Security
You acknowledge that you must ensure that your computer network is secure, and we are not responsible for the security of the User Material, Third Party Material, or your computer network.
User requirements
You must:

without limiting clause 8, ensure that you have necessary consents for us to store and use any Personal Information (including photography) entered in the Website, including to disclose that Personal Information outside Australia; and
cooperate with us, act reasonably, and follow our directions in connection with these terms.

Acknowledgment
You acknowledge and agree that:

if you do not comply with these terms then we are not obliged to provide Website access to you; and
inclusion of an job ad on the Website does not imply that:
- we recommend or endorse the entity posting the job ad or the entity advertised in the job ad; or
- the Employer has complied with any or all relevant laws, regulations, or industry codes;
we act as a medium through which individuals seek employment opportunities. We do not vet, nor are we responsible for vetting, Employers or Job Seekers or the representations made by them whether oral or in writing – including those representations appearing in Job Seekers’ resumes or Employers’ job ads.
we reserve the right to delete any User Material or Third Party Material at any time for any reason;
we are not responsible for the content of any job ad, expressly including if the job ad contains misleading or deceptive content; and
Job ads marked as Second Year Visa eligible or offering Second Year Visa sign off are a declaration from the Employer posting the job ad and Job Seekers should understand the requirements for a Second Year Visa prior to responding to a job ad. Job Seekers should contact the Department of Immigration and Border Control directly if in doubt about whether a vacancy advertised meets the requisite criteria.

Subject to clause 9.5, you acknowledge and agree that:

the Website may contain errors and may not be available from time to time, and that content loss may occur;
we exclude any warranty or representation not expressly set out in these terms, and specifically make no representation and give no warranty:
- about the suitability or performance of any third party service provider referred to you by us; or
- any data or information on the Website is current or accurate; or
- that use of the Website will:
  - not infringe the Intellectual Property Rights or other rights of any third party; or
  - be free from defects or fit for any particular purpose or function.

Prohibited conduct
You must not use the Website:

to engage in unlawful or fraudulent behaviour;
to defame, menace, or harass any third party;
to gain unauthorised access to or interfere with any online resources or systems, or to circumvent any security measures;
to distribute, view, create, or link to any material that:
- contains malware of any kind;
- is or may be pornographic, defamatory, abusive, offensive, obscene, illegal or unlawful; or
- infringes or breaches any third party’s rights, including privacy and Intellectual Property Rights;
in a way that infringes any third party’s Intellectual Property Rights;
in a way that disrupts, misuses, or excessively uses the hardware, bandwidth access, storage space, or other resources of us or our other users;
with automated data gathering, extraction or publication tools;
to, through act or omission, mislead or deceive others; or
in any other manner that is unacceptable to us.

Suspension
Without limiting any other remedy we may have under these terms or at law, we may suspend your access to the Website at any time including if:

you have failed to pay any applicable Advertising Fees;
we suspect that you have done or may do any of the things described in clause 4.5;
a third party alleges that you have done or threatened to do any of the things described in clause 4.5; or
we receive a request or notice from a third party (including any regulatory body) requiring us to cease providing the Website access to you or remove any content you make available through the Website.

Third Party Links and services
Links to third party websites on the Website (Third Party Links) are provided solely for your convenience. If you use these links, you leave the Website and may be required to accept the separate terms of use that apply to those third party websites in order to use those third party websites. For example, to make payments in connection with this Website, you may need to accept the relevant terms of use before you can use that third party payment provider’s payment service.
We have not reviewed and do not control any of these Third Party Links (and are not responsible for those websites or their content or availability).
We do not endorse or make any representation about Third Party Links, their content, or the results from using such websites or content.
If you decide to access any of the Third Party Links, you do so entirely at your own risk.

5. Intellectual property
Licence of User Material
You grant to us a non-exclusive, irrevocable, global licence to exercise the Intellectual Property Rights in any User Material you provide to us, including to use and modify the User Material.
The licence granted under clause 5.1 includes the right to sublicense to third parties
Ownership of IP
All Intellectual Property Rights in the Website, including design, text, graphics, logos, icons, sound recordings and all software relating to this Website belong to us or our licensors. These Intellectual Property Rights are protected by Australian and international laws.
You may not in any form or by any means copy (including screen-scraping), adapt, reproduce (other than for the purpose of viewing the Website in your browser), store, modify, distribute, print, upload, display, perform, remove any credits, publish, post, frame within another website, or create derivative works from any part of the Website or commercialise any information obtained from any part of the Website without our prior written permission or, in the case of third party material, from the owner of the Intellectual Property Rights in that material.

6. Your warranties
You warrant that use of the User Material and Third Party Material by us as set out in these terms will not infringe the Intellectual Property Rights or other rights of any third party.
You warrant, and it is a condition of these terms, that you have all necessary permissions, licences, regulatory approval or other authorities needed to use the User Materials and Third Party Material with the Website or otherwise in connection with these terms.
You warrant that User Material made available to other users of the Website (including any job ads):

is true and submitted in good faith;
is your own and not that of another person or body corporate;
does not contain anything defamatory or any malicious falsehood;
is not the “passing off” of any product or service and does not constitute unfair competition;
complies with applicable legislation or regulations of the Commonwealth of Australia and state and territory legislation or any law in any country where the material or information (or both) is or will be available electronically to users.

You warrant that, if you are registering as an Employer on behalf of a body corporate, that you are authorised to register as the body corporate and bind the body corporate to these terms.

7. Term and termination
Term
These terms commence on the date you first access the Website and continue until terminated in accordance with the provisions of these terms.
Termination
If we in our absolute discretion determine that you have committed a breach of these terms, and you fail to remedy that breach within 5 days of being given notice of that breach, we may immediately and without further notice to you, suspend your use of the Website by technical or other means;
We may terminate these terms for any reason with 30 days’ notice to you. You are not permitted to access the Website on and from the effective date of any such termination; and
At any time and without notice to us you may terminate these terms and cease accessing the Website.
Consequences of termination
If this agreement is terminated for any reason then in addition to any other rights we may have:

any outstanding Advertising Fees are immediately due and payable;
the licence granted under clause 1.2 is immediately revoked;
we may immediately remove your account from the Website (including any job ads associated with your account);
we reserve the right to delete any data associated with your account; and
we may retain records relating to your account in accordance with general legal and accounting requirements.

Survival
Termination of these terms will not affect clauses 4.4, 5, 6, 7.5, 7.6, 8, 9, 10, 11, or any provision of these terms which is expressly or by implication intended to come into force or continue on or after the termination.

8. Privacy
Use of Personal Information
You must process, use and disclose all Personal Information:

in compliance with our Privacy Policy and the Privacy Laws (regardless of whether or not you are otherwise obliged to comply with the Privacy Laws);
for Job Seekers: only for the purposes of performing your obligations under these terms; and
for Employers: only for:
- the purposes of performing your obligations under these terms; and
- in relation to your genuine employment and/or recruitment activities.

Treatment of Personal Information
At the time of collection of a Job Seeker’s Personal Information (whether from the Job Seeker or from us) or as soon as practicable after, you warrant that you will:

advise the Job Seeker (by way of notice in writing) that any Personal Information you collect about them will be held, used and disclosed in accordance with your privacy policy; and
make a copy of your privacy policy available to the Job Seeker.

If you disclose a person’s Personal Information to us, you warrant that you have obtained any necessary consents from, and made any necessary disclosures to, that person to enable you to disclose the Personal Information and to enable us to use the Personal Information for the purposes for which it was disclosed.
Selling or offering services or products (such as learning or educational courses or tools) to Job Seekers whose Personal Information you have obtained through your use of the Website (including job applications received from Job Seekers) is considered by us to be a misuse of Job Seeker data, and is prohibited.
You may not under any circumstances provide any Job Seeker Personal Information you have obtained through your use of the Website (including job applications received from Job Seekers) 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.
From time to time we receive requests from Job Seekers regarding Personal Information collected by Employers. Where we receive such a request from a Job Seeker whose Personal Information you have received, we will pass the request on to you. You warrant to us that whenever a request is provided to you, you will promptly and meaningfully respond to the request and will confirm your compliance to us.
You must give all assistance required and comply with all directions given by us from time to time in relation to compliance with the Privacy Act, or any investigation, request or enquiry (formal or otherwise) from the Australian Information Commissioner regarding the Personal Information disclosed to us by you under these terms.
You must immediately notify us if you become aware that a disclosure of Personal Information may be required by law.
You must notify us immediately if you become aware of any breach of clause 8.
De-identified data
Despite any other clause in these terms, we and our suppliers may use any data which is de-identified for any purpose.

9. Limitation of liability
Limitation
Subject to clause 9.4 and to the extent permitted by law, we exclude any liability for any loss or damage, however caused (including by our negligence), suffered by you in connection with these terms.
Without limiting clauses 9.1 and 9.3, you agree that our total liability and the total liability of our Indemnified Officers in connection with this agreement, whether under contract or tort, will not in any circumstances exceed AUD100.
Subject to clause 9.4, any claim by you against us for loss or damage however caused (including by our negligence), suffered by you in connection with these terms must be made within 12 months of you becoming entitled to make the claim and any claim not made within 12 months is absolutely barred.

Australian consumer law
Except as contemplated by clause 9.5, nothing in these terms is intended to limit any of your rights under the Competition and Consumer Act 2010 (Cth).
If the Competition and Consumer Act 2010 (Cth) or any other legislation states that there is a guarantee in relation to any goods or services supplied by us in connection with these terms and our liability for failing to comply with that guarantee cannot be excluded but may be limited, then clause 9.1 does not apply to that liability. Instead our liability for that failure is limited to (at our election):

in the case of a supply of goods, our replacing the goods or supplying equivalent goods, repairing the goods, paying the cost of replacing the goods or of acquiring equivalent goods, or paying the cost of having the goods repaired; or
in the case of a supply of services, our supplying the services again or paying the cost of having the services supplied again.

Third parties
Where we recommend a third party service or product to you, you should always review the corresponding terms and conditions and privacy policy of the third party provider. We are not responsible or liable for the provision of any third party product or service, or for any loss you suffer in connection with a service or product you choose to take from a third party provider.

10. Indemnities
You agree to release and hold harmless, indemnify and defend us and our Indemnified Officers against any Claim or Liability from or in relation to:

any negligent act or omission by you;
your job ad/s and/or User Material;
your misuse of the Website;
any acts or omissions of anyone whom you allowed to access the Website using your secure login details from time to time, whether deliberately or otherwise;
your breach of any law or infringement of any third party rights including without limitation Intellectual Property Rights, the Privacy Act, employment laws, or consumer protection laws; and
your action, inaction, delay or breach of your obligations under this agreement or your breach of any warranties under this agreement.

You agree to release and hold harmless us and our Indemnified Officers against any Claim or Liability arising from or in relation to:

acts or omissions of other users or any third parties;
any Third Party Material available on the Website, including job ads;
any agreement between yourself and any other user of the Website; and
any loss or damage to persons or property (including data) caused by the reliance on any information provided on the Website, whether directly or indirectly arising in connection with the Website, even if we knew or should have known about the possibility of such loss or damage.

You indemnify us for any reasonable legal expenses we incur as a result of your breach of these terms, including expenses for enforcing payment, on a solicitor and own client basis.

11. General
The laws of the State of Queensland, Australia govern these terms.
You must comply with all applicable laws in connection with the Website.
12. Definitions and interpretation
Definitions
In these terms:
Advertising Fees means fees charged for premium services in accordance with clause 2.
Claim means any claim notice, demand, investigation, action, proceeding, litigation, or judgment however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort (including negligence) or statute and whether involving a party to these terms or a third party.
Confidential Information of a party means any information:

relating to the business and affairs of that party;
relating to the customers, clients, employees, sub contractors or other persons doing business with that party;
which is by its nature confidential;
which is designated as confidential by that party; or
which the other party knows or ought to know, is confidential,
and includes all trade secrets, knowhow, financial information and other commercially valuable information of that party.

Employer means a user who has registered on the Website as an employer to post job ads.
Indemnified Officers means, in relation to a party, its directors, employees, contractors, agents and representatives.
Intellectual Property Rights means all industrial and intellectual property rights, both in Australia and throughout the world, and includes any copyright, moral right, patent, registered or unregistered trade mark, registered or unregistered design, trade secret, knowhow, trade or business or company name, or right of registration of such rights.
Job Seeker means a user who has registered on the Website as a job seeker to search for and apply for job vacancies advertised on the Website;
Liability means any liability (whether actual or prospective), loss, damage, cost or expense of any description, including legal fees on a solicitor and own client basis.
Personal Information has the meaning given to that term by the Privacy Act.
Privacy Act means the Privacy Act 1988 (Cth) and any ancillary rules, guidelines, orders, directions, directives, codes of conduct or other instruments made or issued under it, as amended from time to time.
Privacy Laws means:

the Privacy Act;
the Australian Privacy Principles (or APPs) contained in schedule 1 Privacy Act; and
all other applicable laws, regulations, registered privacy codes, privacy policies and contractual terms in respect of the processing of Personal Information.

User Material means any material (including Third Party Material) and data provided by or to which access is given by you to us including data stored by any means.
Term means the term contemplated by clause 7.
Third Party Material means any material that is owned by a third party including data stored by any means.

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