Terms and Conditions for Hiring Manager – The Field Help Centre

Last revised and updated in August 2022

These Terms of Use (Terms) explain what you can expect when you use our website and our services. Our Terms explain the rules you must follow when you use our website and services.

We call our online jobs recruitment platform and all related systems and services “The Platform”. These Terms apply to your use of the Platform when you access the features available to employers, recruiters and other people or organisations who recruit people to fill employment opportunities (Hiring Managers).

When you see “we” or “us” we are talking about The Field and our related entities. The Field is also known as The Field Jobs Trading Pty Ltd. Our Australian business number (ABN) is 58 655 094 465. When we talk about “you” or “your” we mean any person or entity that agrees with these Terms.

If you agree to these Terms on behalf of a company, statutory authority, incorporated association, or other organisation, then that entity is also called the Customer. The Customer may invite other employees, officers, agents, and contractors to access its account on the Platform (Customer Account).

Each person is known as a User and uses their own login.

If you are a User, you must also agree to these Terms before using the Platform.

You can find other definitions in these Terms to explain the words we use.

The key sections of these Terms are listed below:

Licence to use the Platform
Acceptance of Terms and Licence
Responsibility for Users
Privacy and your personal information
Signing up
Account security
User permissions
Your use of the Hiring Manager Features
Availability
Use with your device
Intellectual property rights
Disclaimers
Limitations on liability
Account suspension or termination
Changes to these Terms and the Platform
General
Contact us

Appendix

1. Licence to use the Platform

The Platform is designed to help people with disability find suitable employment. It also helps hiring managers to be more inclusive when they recruit new employees. Within each Customer Account, Users may be able to do one or more of the following depending on the permissions given to the User’s account (User Account). These are called the Hiring Manager Features, and allow a user to:

create a profile for the Customer to give job seekers information about the Customer (this includes video virtual tours of the Customer’s workplace, copies of relevant policies, and badges and certifications to show the Customer’s inclusive employment practices)
post listings for job opportunities
search listings for job opportunities
receive and review applications from potential job candidates
cancel listings for job opportunities
view and update the Customer’s contact details
add or cancel User Accounts.

When you accept these Terms, The Field gives you a licence to use these Hiring Manager Features and other parts of our Platform (Licence). You may only use the features and the Platform in the way described in these Terms. The Licence is revocable, and The Field has the right to cancel or withdraw permission. The Licence is non-exclusive and allows other people to use these services as well. You cannot transfer or sub-license this Licence, except when you as a Customer invite Users to use the Platform on your behalf.

2. Acceptance of Terms and Licence

These Terms are a legal agreement between you and The Field. We take it that you have read and accepted our terms when you do any of the following:

when you create a Customer Account or User Account on The Platform, you accept the Terms electronically (e.g., by clicking “I Accept”)
when you post a job listing on The Platform
when you sign into and use The Platform
when you agree to any document The Field Group gives you that refers to these Terms.

The Field Group means The Field and any related body corporate of The Field.

If you do not agree to these Terms, then you may not use the Hiring Manager Features.

If you do not use the Hiring Manager Features, but you use the features of the Platform for job seekers and other general members of the public, then you will still need to agree to the Job Seeker Terms of Use. You can find “The Field – Job Seeker – Terms of Use” here.

We may use third party platforms and systems to make our Platform available. Some of these providers require us to give you additional terms and conditions in our Terms. These are called Third Party Terms. You can find these in the Appendix at the end of our Terms. From time to time, we may let you know about other Third Party Terms that you need to be aware of. When this happens, we will try as far as possible to inform you by email, through our website or through other electronic communications.

When you use the Platform, you also need to agree to the Third Party Terms. When you use the Platform or take any of the actions described above, we take it that you have read and that you agree to the Third Party Terms. If you do not agree to any additional terms or Third Party Terms, we may ask you to stop using the Hiring Manager Features.

If there are any differences between our Terms and the Third Party Terms, then you should follow the rules in these Terms of Use.

3. Responsibility for Users

If you are the Customer:

you agree that you are responsible and liable for the acts and omissions of each User in connection with the Platform and these Terms, as if they were your acts and omissions; and
you accept all liability for any unauthorised use of any login credentials given to any User (other than any unauthorised use resulting from any negligent act or omission legally attributable to us).

4. Privacy and your personal information

At The Field, your privacy is important to us. We understand your concerns about the security of your personal information. Our Privacy Policy forms part of these Terms and explains how we use personal information. You can find our Privacy Policy on our website here.

When you agree to these Terms, it means that you also agree to our Privacy Policy. The Privacy Policy explains how we use or share your personal information and how we keep it secure. It also explains how you can access your information, how you can update your information, and how you can make a complaint.

When you use The Platform, we may collect statistics about you and how you use our services. This information is general, and it is made anonymous (it does not include your name). We may use this anonymous information to make our services available, improve our services, develop new services, identify business trends, and for other uses that we communicate to you.

Through the Platform, you may receive personal information and (potentially) sensitive health information about individuals that apply for job opportunities. You must comply with all laws that apply to that personal information and sensitive health information. This information must only be used for genuine employment and recruitment activities. You may not forward or share any personal information or sensitive health information obtained through the Platform with any third parties. However, if you are a recruitment agency and the relevant job listing is clearly posted on behalf of your client, then the applications received in response to that job listing can be shared with your client. If we believe you have breached any laws relating to personal information or sensitive health information (or you have misused the information that you have obtained through the Platform), then we have the right to:

terminate or suspend your Customer Account and/or any relevant User Accounts
inform the relevant individual(s) that the information relates to
report you to relevant government authorities (including the Office of the Australian Information Commissioner), and/or
take legal action against you.

5. Signing up

To use the Hiring Manager Features, the Customer must choose one or more Users who will have “administrator” privileges. Those administrators will then be able to invite other individuals to become Users and to create a User Account. They will have the permissions selected by the administrator.

If you are a User:

you must register using the email address given to you by your employer, and
you must be an individual that is at least 18 years of age.

When you register for a User Account, you will be asked to provide your name, email address, mobile phone number and the ABN of the organisation that you will be using the Hiring Manager Features for. You must also create a password. Together, these details are called User Details.

If you become aware that a Customer Account for your company/organisation has been created without permission, then you must report that activity to us and we will investigate the matter further. This includes reporting any situations where it appears that another person is seeking to impersonate your company or organisation.

6. Account security

You must always keep your password secure and private. You are the only person with permission to use your User Account, and you must not share your password with anyone else. We may add new security features to keep your User Account more secure, such as two-step authentication. We may require you to use these new security features.

If your User Details or the device that you use to access the website have been lost or stolen, or if you become aware of any unauthorised use of your Customer Account or User Account, you must take each of the following steps:

reset your password (or the passwords of the other relevant Users), and
inform us immediately at: admin@thefield.jobs.

If we think there has been unauthorised access to personal data in your Customer Account or your User Account, we will let you know and give you information about what has happened.

Depending on the type of unauthorised access, and if required by law, we may need to report this to relevant government authorities. We may also report it to any individuals whose personal information may have been affected.

We are not responsible for any unauthorised access that happens when your devices or computer systems are hacked.

7. User permissions

Each User is given permission to do certain things using the Hiring Manager Features based on the user type assigned to them. If you are the Customer, or a User that is an administrator, you need to understand the permissions you are giving to invited Users. The levels of access associated with each user type are explained in our FAQs/Help Centre. You can find our FAQs on our website at here.
If you are the Customer or a User that is an administrator, you acknowledge and agree that it is your responsibility to:

choose the appropriate access level for each User (and change that access level if situations change), and
remove access to the Hiring Manager Features for any User that you no longer want to access the Hiring Manager Features on your behalf. This includes removing access for any employee that leaves your employment.

8. Your use of the Hiring Manager Features

Your right to access and use the Hiring Manager Features is only meant for you. You may only give access when needed for the Customer to invite Users to use the Hiring Manager Features on behalf of the Customer. Apart from this, you may not give your access to any other person or entity. You may only use the Platform for lawful and genuine recruitment purposes. You must not:

use the Hiring Manager Features (any other part of The Platform) in any way that is illegal or unlawful
provide any information to us or to job seekers that is untrue, misleading, or deceptive
mislead job seekers about the availability, nature, terms or conditions of, or anything else relating to, the employment opportunity being offered
breach the intellectual property rights of any third party when using the Platform (this includes using any text, images, audio, or video within job listings without the copyright owner’s approval)
use the personal information or sensitive health information obtained from job candidates through the Platform (or any other content accessed from the Platform): (i) for any purpose other than genuine employment and recruitment activities; or (ii) to sell or offer products or services to those job candidates
use the Platform to post jobs or other information relating to pyramid schemes or multi-level marketing schemes
upload files to the Platform that contain viruses or other harmful programs
upload, publish on, or link any information to the Platform that is not your intellectual property, or that would reasonably be seen as illegal, threatening, defamatory, violent, or offensive
use the Platform to send messages that are not asked for or wanted
use any automated data gathering tools to copy or take content from the Platform
try to avoid or disable any security features or measures used on the Platform
try to change, copy, adapt or imitate any part of the Platform, except as part of normal use
try to interfere with or use the code for the Platform or any other technology features on the Platform
copy, share or reuse any learning content that we make available through the Platform
resell or sublicense any use of the Hiring Manager Features (except when you are a recruitment agency, and you charge one of your clients a fee for posting a job advertisement on their behalf)
use the Hiring Manager Features to recruit for roles that are not being offered by the Customer or a related body corporate of the Customer (except when you are a recruitment agency and the relevant job listing is posted on behalf of your client in your name, with your branding or co-branded with your brand and your client’s brand)
ask a job candidate to pay any fees, charges, or other amounts to have their application considered or accepted
remove or change any trademark, logo, copyright or other notices, symbols, or labels of ownership on the Platform or in connection with the Platform
take any action that interferes with our rights regarding the Platform.

The Community Guidelines contain more information about the behaviour we expect from all Users. You can find The Community Guidelines on our website at here.

If you post inappropriate content, or content on the Platform that does not follow these Terms, we may ask you to remove or change that content. We may also remove or change that content ourselves.

Each time you use the Platform, you represent and warrant to us that you and the Customer are not in breach of any laws. This includes laws relating to the rights of workers, worker safety, taxation, and criminal matters. We have the right to cancel or suspend any Customer Accounts or User Accounts where this warranty is incorrect. This includes where we reasonably think your use of the Platform may damage the reputation of any member of The Field Group.

9. Availability

You can contact our customer support team between the hours of 9 am to 5 pm (Melbourne time) every Monday to Friday (other than public holidays). Email customer support at support@thefield.jobs.

We aim to make the Platform available 24 hours a day. We may need to interrupt your use of the website from time to time for various reasons. These can include equipment not working, doing updates, maintenance and repair, or any other work that we, in our sole discretion, may do on the Platform. To the maximum extent permitted by law, no member of The Field is liable to you or any other entity, for any loss, cost, or damage that results from scheduled or unscheduled downtime of the Platform.

From time to time, we may offer new, updated or trial features on the Platform (Preview Features). You may be able to give feedback to us on these features. You do not have to use these Preview Features and we do not have to provide you with any Preview Features.

If you do decide to use any Preview Features, you must follow any rules or limits that we place on them.
The Preview Features are provided “as is”. They may have errors or inaccuracies that could cause failures, corruption, or loss of data from any device you use to connect to our website. To the maximum extent permitted by law, you agree that using the Preview Features is at your sole risk.

10. Use with your device

You can use the Platform on a suitable web browser. You will need an internet connection, network access, and certain types of software on your device. You can find out more about technical requirements on our help page. You agree that you alone are responsible for these requirements. You are responsible for any changes , updates, maintenance, and fees as well as the terms of your agreement with your device and telecommunications provider.

11. Intellectual property rights

The Field Group, or our technology partners, own all intellectual property rights on the Platform, except as we describe below. This includes any content within the Platform such as the look of our website, text, software, photographs and other images, videos, sound, trademarks, and logos. You may not use or allow any use of The Field Group’s intellectual property rights, other than to enable you to use our Platform. You may not sell or give any of these intellectual property rights to anyone without getting written consent from us first.

Any content that you provide belongs to the Customer, to you, or to other third parties (Customer IP). This includes content you provide when you create or update a Customer Account, or the content in any job listings that you post on the Platform. This includes content such as text, documents, images, trademarks, and other materials. You give us a license (or sub-licence) to use, host, store, copy, change, communicate, publish, publicly display, and share your content or versions of your content. You are giving us a non-exclusive, irrevocable, royalty-free worldwide licence (or sub-licence). We may only use your content (Customer IP) to provide, improve, promote, and protect the Platform and the Hiring Manager Features.

12. Disclaimers

To the maximum extent permitted by law, you agree to the following situations:

we are not responsible for checking any material that you upload to the Platform (and that you are responsible for checking this material)
we are not responsible for checking or screening any candidates that apply for jobs on the Platform
we cannot guarantee that there will be suitable candidates for the jobs that you post, and
we cannot guarantee that digital files or messages that you receive from the Platform will be free of viruses, code or harmful programs that could affect your device or software negatively (this includes files or messages from candidates that apply for jobs that you list on the Platform).

The Platform depends on telecommunications, computer networks and the internet to work well. These systems can be unpredictable and may interfere with using the Platform at times. We do not control these systems and services, and we are not responsible for any problems they may cause. No member of The Field Group is responsible for the security of any of your information while it is being sent to us, or for information that gets lost while being sent.

The Platform also uses third-party providers and hosting services (Third Party Products or Services). These products and services may not always have warranties. To the maximum extent permitted by law, we are not responsible for any Third Party Products or Services. We cannot guarantee that those services will be available continuously or will be free from defects

13. Limitations on liability

The Field and any related entities are each a Protected Party. To the maximum extent permitted by law, The Field and its related entities will not be liable to you or any other person, for any loss or damage that results from using the Platform or any Third Party Product or Service. This includes indirect, incidental, special or consequential loss or damage, loss of profits or expected profits, economic loss, loss of opportunity, loss of information, or loss from wasted management time, regardless of whether the loss or damage is caused by breach of contract, statute, tort, negligence, or otherwise, or whether any Protected Party or other person was notified of possible loss or damage, due to your use of the Platform or a Third Party Product or Service.

Except as otherwise provided in these Terms and to the maximum extent permitted by law, any warranty, guarantee, condition, representation, undertaking or other right that would be implied in these Terms or is otherwise imposed by statute, common law, equity, trade, custom or usage, is excluded.

In spite of other provisions in these Terms, no Protected Party excludes, restricts or modifies any warranty, guarantee, condition, representation, undertaking or other rights under any statute where to do so would contravene that statute or cause any part of these Terms to be void. This is a “Non-Excludable Guarantee”. Any statute includes the Competition and Consumer Act 2010 (Cth). To the maximum extent permitted by law, the liability of the Protected Parties for a breach of a Non-Excludable Guarantee is limited, as we choose, to supplying the services again or paying the cost of supplying the services again.

You agree to indemnify and hold harmless each member of the Field Group, and their officers, directors, shareholders, and employees, from all claims, suits, proceedings, losses, liabilities, and expenses, including reasonable legal fees, whether in tort, negligence, contract or otherwise, that result (in whole or part) from your breach of these Terms or your use of the Platform.

14. Account suspension or termination

These Terms will continue to apply until either you or the Field end them as described below. If you are a User, your account may also be suspended or terminated by the Customer. A User Account will automatically terminate if the Customer’s Customer Account is terminated or cancelled.

We may, at any time, terminate our legal agreement under these Terms with you:
if you have breached any part of these Terms (or acted in a manner which shows that you do not intend to, or you are unable to obey these Terms)
if The Field, in its sole discretion, believes it is required to do so by law
for any reason and at any time by giving you 30 days’ prior written notice.

We may temporarily suspend your account if we believe it is being used for unauthorised, fraudulent, or unlawful activities or if your account is no longer secure.

You may cancel your Customer Account or User Account at any time by:

taking any steps described on the Platform
emailing support@thefield.jobs
contacting the customer contact centre at The Field on 03 9830 0190.

15. Changes to these Terms and the Platform

We may change these Terms at any time by giving you at least 14 days’ written notice. We may notify you by email, through the Platform or by other electronic means. You may refuse to accept any revised Terms by giving us written notice within that 14-day notice period. In this case, you may be required to stop using the Hiring Manager Features or the entire Platform. If you do not give us notice within the 14-day notice period or if you continue to use the Hiring Manager Features after the 14-day notice period, you are agreeing to the revised Terms.

We have the right to change the design, features or functionality of the Hiring Manager Features and the Platform at any time.

16. General

These Terms are governed by the laws of Victoria, Australia. You must submit to the exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia for all matters that relate to these Terms.

If The Field fails or delays to exercise any rights in these Terms, it is not a waiver of those rights.

Any provision of these Terms that is invalid or unenforceable in any jurisdiction must:

where it is capable of being read down in that jurisdiction, be read down in that jurisdiction to the minimum extent needed to achieve validity or enforceability in that jurisdiction, and
where it is not capable of being read down in that jurisdiction, be severed from these Terms in that jurisdiction,

without invalidating or affecting the remaining provisions of these Terms or the validity or enforceability of that provision in any other jurisdiction.

These Terms form the entire agreement between The Field and you relating to the use of the Hiring Manager Features. These Terms replace any previous agreements between us regarding the Hiring Manager Features.

In these Terms, “related body corporate” and “related entity” have the meaning given in the Corporations Act 2001 (Cth).

To the extent that a provision of these Terms is expressed to be for the benefit of one or more persons or entities (other than The Field and you), such as related entities, employees, agents or contractors of The Field, The Field enters into the agreements incorporating these Terms in its own capacity and in its capacity as trustee and agent for those persons or entities. The Field is entitled to enforce that provision for the benefit of itself and those persons and entities.

17. Contact us

If you have any questions about these Terms, please contact us at support@thefield.jobs.