Welcome to The Field!
What parts of these terms apply to me?
This agreement (together with any separate commercial agreements we may enter into with you) governs your use of the online disability-inclusive jobs platform known as The Field (Platform) and any other services made available through the Platform. By using the Platform, you agree to be bound by this agreement which forms a binding contractual agreement between you, the User, and us, The Field Jobs Trading Pty Ltd ABN 58 655 094 465 (The Field, The Field, we or us).
The remainder of this agreement is divided into three parts:
- Part A (All Users), which sets out terms that apply to all users of the Platform;
- Part B (Hiring Managers), which sets out additional terms that apply to Hiring Managers, being Users who have created an account on the Platform to advertise employment opportunities on the Platform (whether internal or on behalf of third parties) and to improve their inclusive employment practices; and
- Part C (Job Seekers), which sets out additional terms that apply to Job Seekers, being Users who have created an account on the Platform to search and apply for employment opportunities.
If you intend to use the Platform as a Hiring Manager, only Parts A and B of these terms will apply to you.
If you intend to use the Platform as a Job Seeker, only Parts A and C of these terms will apply to you.
When we talk about the “Services” in this agreement, we are referring to the services available through our website and Platform and any associated services we offer.
We may use Google and Facebook login services, including Google API. Your use of Google and Facebook is subject to Google and Facebook's Terms of Service.
Part A All Users
1 Eligibility
(a) This Platform is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you are either:
(i) over the age of 18 years and accessing the Platform for personal use; or
(ii) accessing the Platform on behalf of someone under the age of 18 years old and consent to that person’s use of the Platform.
(b) Please do not access the Platform if you are under the age of 18 years old and do not have your parent or guardian’s consent, if you are under 16 or if you have previously been suspended or prohibited from using the Platform.
(c) If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “User” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.
2 Accounts
2.1 General
(a) In order to use most of the functionality of the Platform, all Users are required to sign-up, register and receive an account through the Platform (an Account).
(b) As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, and other information as determined by The Field from time to time.
(c) You warrant that any information you give to The Field in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
(d) You may register for an Account using your Facebook, Google or other social media network account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to your email address and other basic information.
(e) Once you complete the Account registration process, The Field may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
(f) The Field reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
(g) The Field may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.
2.2 Job Seeker or Advertiser Accounts
(a) In creating an Account, you will have the option of creating an Account to facilitate you seeking and applying for employment opportunities (Job Seeker Account) or creating an Account to facilitate you advertising employment opportunities on the Platform (Hiring Manager Account).
(b) In order to hold a Hiring Manager account, you will need to pay a fee as set out in Part B of this agreement.
(c) Where you have a Hiring Manager Account and the relevant Bundle (as set out in Part B), you may connect to your Account other Accounts (Sub-Accounts) to grant them access to use and modify your Account. You acknowledge and agree that by granting Sub-Accounts access to your Account, you are responsible for the actions or omissions taken by the relevant User on your Account.
2.3 Public Profile
(a) Users may post or upload information (including personal information) on their Account’s profile which can be made available for other Users to view (Public Profile).
(b) The Public Profiles of Hiring Managers are immediately available to be viewed by any and all Users.
(c) Job Seekers may elect which other Users may access their Public Profile (such as by submitting an Application to a Job Post) and which information on their Public Profile is viewable by such other Users.
(d) In posting or uploading information onto your Public Profile, you agree to truthfully submit information and to only submit information which is bone fide and accurate.
3 Learning Hub and Blogs
(a) The Platform makes available to Hiring Managers resources and workshops to expand understanding and increase confidence around access and inclusivity in disability for workplaces (Learning Hub).
(b) The Learning Hub includes courses which Hiring Managers can participate in and receive certificates for participating in such courses (Badges).
(c) Such Badges will be displayed on the Account which undertook the relevant course, or where a Sub-Account took the course, it’s associated Account.
(d) Where your Account receives a Badge, you warrant that the Account holder or a Sub-Account holder has diligently completed the related course in full and where requested, will promptly provide The Field with evidence of the Account holder’s completion of the relevant course.
(e) All Users acknowledge and agree that:
(i) Badges are granted to a Hiring Manager upon the Account holder (or its Sub-Account holder) making their way through a related course on the Learning Hub;
(ii) a Badge does not constitute a recommendation or endorsement by The Field of a Hiring Manager holding a particular skill, qualification or quality; and
(iii) The Field does not take any verification steps to ensure a Hiring Manager has diligently undertaken a Learning Hub course and provides no such warranty by providing a Badge.
(f) The Platform makes available to all Users a blog of content related to the Platform and inclusive employment (Blog). In viewing the Blog you acknowledge and agree:
(i) while the Blog has been prepared with every effort to be helpful to Users navigating inclusive employment, the information provided in the Blog is general in nature and does not take into account a User’s specific needs, circumstances or goals;
(ii) information provided on the Blog is not intended to be professional advice of any kind and should not be relied on as such; and
(iii) we make no representation or guarantee that the Blog will be useful or relevant to you or that by applying any ideas, recommendations, methods or techniques in the Blog you will achieve any particular outcomes.
4 Inclusive Language Tool
(a) The Platform makes available to Users a tool which makes recommendations on how the language used in Posted Materials can be made more inclusive (Inclusive Language Tool).
(b) You acknowledge and agree:
(i) the Inclusive Language Tool provides algorithm generated recommendations and The Field provides no guarantee as to the quality, suitability or accuracy of any such recommendations; and
(ii) you are responsible for making your own checks of the quality, suitability or accuracy of recommendations made by the Inclusive Language Tool and any Posted Material.
5 User Obligations
(a) As a User, you agree:
(i) not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
(ii) to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify The Field of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;
(iii) to not use the Platform for any purpose other than for the purpose of seeking or advertising employment opportunities, including by not using the Platform:
(A) in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes); and
(B) in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by The Field;
(iv) not to act in any way that may harm the reputation of The Field or associated or interested parties or do anything at all contrary to the interests of The Field or the Platform;
(v) not to make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of The Field;
(vi) that The Field may change any features of the Platform or Services offered through the Platform at any time without notice to you;
(vii) that information given to you through the Platform, by The Field or another User including a Hiring Manager, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
(viii) that The Field may cancel your Account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 3.
(b) As a Job Seeker, clause 5(a)(ii) does not apply to the extent you may provide access to your Account to your support worker for the purpose of them assisting you in utilising the Platform. Where you grant access to your Account to your support worker, you retain responsibility for any liability which arises out of their use of your Account.
6 Job Posts
6.1 General
(a) Hiring Managers may make a listing on the Platform from time to time advertising an employment opportunity (whether with them internally or on behalf of a third party) (Job Post).
(b) Job Seekers may view and submit applications to Job Posts (Application) to which Hiring Managers may respond.
6.2 Cancellations
(a) Hiring Managers may elect to not respond to an Application or otherwise withdraw or cancel a Job Post at any time with or without notice.
(b) Job Seekers may elect to not respond to communications regarding their Applications or otherwise withdraw an Application for a specified Job Post via the Platform.
(c) The Field will have no liability or obligation to a User where another User cancels, withdraws or otherwise does not respond to a Job Post or Application after an Application has been sent or received and the User will not be entitled to any compensation from The Field in relation to any such cancellation or removal.
7 Introduction Service
You acknowledge and agree that:
(a) the Platform provides links and introductions between Users who are third parties that are not under the control of The Field;
(b) the provision by The Field of introductions to Users does not imply any endorsement or recommendation by The Field of any User;
(c) we are not a recruitment agency or labour hire provider;
(d) there is no guarantee of any outcome of hiring or being hired through your use of the Platform;
(e) The Field does not examine, determine or warrant the certification and/or licensing, competence, solvency, quality, credibility, legitimacy or information of any User; and
(f) any terms and conditions relating to a Job Post or agreement entered into between Users do not involve The Field in any way.
8 Posted Materials
8.1 Warranties
By providing or posting any information, materials or other content on the Platform (Posted Material), you represent and warrant that:
(a) you are authorised to provide the Posted Material (including by being authorised to advertise any employment opportunity that you represent you or a third party are hiring for);
(b) the Posted Material is accurate and true at the time it is provided;
(c) any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
(d) the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
(e) the Posted Material is not “passing off” of any third party business;
(f) the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
(g) the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
(h) the Posted Material does not breach or infringe any applicable laws.
8.2 License
(a) You grant to The Field a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for The Field to advertise, provide and maintain the Services.
(b) If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release The Field from any and all claims that you could assert against The Field by virtue of any such moral rights.
(c) You indemnify The Field against all damages, losses, costs and expenses incurred by The Field arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.
8.3 Removal
(a) The Field acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, The Field may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material.
(b) You agree that you are responsible for keeping and maintaining records of Posted Material.
9 Service Limitations and Enhancements
(a) The Platform is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that The Field cannot and does not represent, warrant or guarantee that:
(i) the Platform will be free from errors or defects;
(ii) the Platform will be accessible at all times;
(iii) messages sent through the Platform will be delivered promptly, or delivered at all;
(iv) information you receive or supply through the Platform will be secure or confidential; or
(v) any information provided through the Platform is accurate or true.
(b) We may from time to time in our absolute discretion release enhancements to the Platform, where enhancements means any upgraded, improved, modified or new versions of the Platform. Any enhancements to the Platform will not limit or otherwise affect this agreement. Enhancements may cause downtime or delays from time to time, and credits will not be provided for such downtime.
10 Intellectual Property
(a) The Field retains ownership of or provides you with a sublicense to (as the case may be) all materials developed or provided (or both, as the case may be) in connection with the Services (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Service Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
(b) You may make a temporary electronic copy of all or part of the Service Content for the sole purpose of viewing it and adapting it for the purpose of making an application for, or responding to an application for, an employment opportunity. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without prior written consent from The Field or as permitted by law.
(c) In this clause 10, “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.
11 User Verification and Third Party Content
(a) The Platform is open to any User to create an Account and we do not conduct any form of verification of the identity of a User. You acknowledge and agree that:
(i) we do not endorse any User and we disclaim all warranties nor provide any guarantee that we ensure you engage with a suitable User or that a User has accurately represented their identity; and
(ii) you should make your own inquiries as to other Users’ identities before engaging with those Users.
(b) The Platform may contain text, images, data, links to other websites and other content provided by a third party and displayed on the Platform (including Job Posts and Public Profiles (Third Party Content). The Field accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.
12 Third Party Terms
(a) You acknowledge and agree that third party terms and conditions (Third Party Terms) may apply to your use of the Platform, including Stripe’s terms of use, currently located at https://stripe.com/au/legal, as updated from time to time.
(b) You agree to any Third Party Terms applicable to any third party goods and services that are used in providing the Platform, and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
(c) Without limiting clause 12(b), we will take reasonable steps to notify you of Third Party Terms.
13 Disputes between Users
(a) You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.
(b) If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to The Field via support@thefield.jobs. We will assess the complaint and attempt to quickly and satisfactorily resolve it.
(c) Any costs you incur in relation to a complaint or dispute will be your responsibility.
(d) The Field has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.
(e) The Field reserves the right to hold funds in relation to a dispute until the dispute is resolved by the relevant parties or by a mediator or arbitrator.
(f) If you have a dispute with The Field, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.
(g) Notwithstanding any other provision of this clause 12, you or The Field may at any time cancel your Account or discontinue your use of the Platform.
14 Security
The Field does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.
15 Disclaimer
(a) (Introduction service) The Field is a medium that facilitates the introduction of Job Seekers and Hiring Managers for the purpose of sharing employment opportunities. The Field simply collects a service fee in consideration for providing this introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, Job Seekers and Hiring Managers in relation to any employment opportunities or otherwise resulting from the introduction.
(b) (Employment or contractual relationship) The Field will have no liability or obligation to you, and you will not be entitled to any compensation from The Field, for any issues arising out of any employment or contractual relationship between you and another User as a result of your use of the Platform.
16 Liability
(a) (Limitation of liability) To the maximum extent permitted by applicable law, The Field excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Platform or its use or any services provided by any Hiring Manager. This includes the transmission of any computer virus.
(b) (Disclaimer) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded.
(c) (Consumer law) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
(d) (Indemnity) You agree to indemnify The Field and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives’:
(i) breach of any term of this agreement;
(ii) use of the Platform; or
(iii) your provision or receipt of Services from another User.
(e) (Consequential loss) To the maximum extent permitted by law, under no circumstances will The Field be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Platform, this agreement or their subject matter, or any services provided by any Hiring Manager (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
17 Confidentiality
You agree that:
(a) no information owned by The Field, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
(b) all communications involving the details of other Users on this Platform are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.
18 Privacy
(a) We collect personal information about you in order to enable you to access and use the Platform, to facilitate introductions between Users, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
(b) Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.
19 Record / Audit
To the extent permitted by law, The Field reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving The Field.
20 Termination
(a) The Field reserves the right to terminate a User’s access to any or all of the Platform (including any Job Posts, Bundles or Accounts) at any time without notice, for any reason.
(b) In the event that a User’s Account is terminated:
(i) by The Field, not due to a material breach of this agreement by the User, The Field will refund to the User any Bundle Fees they have paid on a pro-rata basis for any remaining portion of a Billing Cycle;(ii) the User’s access to all posting tools on the Platform will be revoked;(iii) the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and service listings or requests); and(iv) the User may be unable to view the details of Job Seekers (including contact details, geographic details and any other details), and all Job Posts previously posted by the User will also be removed from the Platform.
(c) Users may terminate their Account, at any time by using the Platform’s functionality, where such functionality is available. Where such functionality is not available, The Field will effect such termination within a reasonable time after receiving written notice from the User.
(d) Any Bundle or Post Credits still active upon termination by a User will remain active until the end of the Billing Cycle.
(e) Notwithstanding termination or expiry of your Account, this agreement, or any other membership you hold in connection with the Platform, the provisions of Part A and any other provision in this agreement which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.
21 Notices
(a) A notice or other communication to a party under this agreement must be:
(i) in writing and in English; and
(ii) delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
(ii) when replied to by the other party, whichever is earlier.
22 General
22.1 Governing Law and Jurisdiction
This agreement is governed by the law applying in Victoria. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
22.2 Waiver
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
22.3 Severance
Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
22.4 Joint and Several Liability
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
22.5 Assignment
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
22.6 Costs
Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.
22.7 Entire Agreement
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
22.8 Interpretation
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (gender) words indicating a gender includes the corresponding words of any other gender;
(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(d) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(f) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
(g) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(I) (includes) the word “includes” and similar words in any form is not a word of limitation; and
(j) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
Part B Hiring Managers
23 Separate Commerical Arrangement
We may enter into an additional separate agreement with you to govern the commercial arrangement between you and us (Commercial Agreement). To the extent that any obligation under the Commercial Agreement is inconsistent with these Terms, the Commercial Agreement will prevail to the extent of any inconsistency.
24 Bundles
(a) In order to access a Hiring Manager Account, you will need to select a package as set out on our Platform (Bundle). The features available to you will be dependent on the Bundle you select and you paying the associated fee.
(b) Your Bundle includes access to the Platform, the Number of Job Posts, Number of Sub-Accounts and any other benefits and limitations as described on the Platform, as set out in a Commercial Agreement or as otherwise communicated to you when you subscribe for your Bundle (as amended from time to time by notice to you).
(c) We may from time to time offer a free trial to the Platform for new Users, currently lasting 7 days. Where such a free trial is provided, you will receive access to the Bundle you have selected without having to pay the associated Bundle Fees until the free trial has ended. Any credits (including Job Post credits) will not carry over from a free trial and will reset upon the free trial ending.
(d) After any agreed free trial period, you must pay fees to us in the amounts and at the times specified in the pricing section of the Platform for your Bundle or as otherwise agreed with us in writing (Bundle Fee).
(e) Unless otherwise agreed in writing (including where we provide you a complimentary trial period or as set out in a Commercial Agreement), your Bundle commences upon you making your first payment of the Bundle Fee and continues for 12 months at which point it will automatically continue to renew indefinitely, and you will continue to incur Bundle Fees, unless you notify us that you want to cancel your Bundle in accordance with Part B clause 10 (Bundle Period). Please ensure you contact us if you want to cancel your Bundle.
(f) During the Bundle Period, we grant to you a non-exclusive, non-transferable licence to use the Platform for the number of Users specified for your Bundle (Number of Licensed Users). If your Bundle does not specify a Number of Licensed Users, your licence to use the Platform under this clause will be limited to 1 User (i.e. the Number of Licensed Users will be 1.
25 Under 18
Where you post any Job Posts open to Job Seekers under the age of 18, you must at all times maintain a valid working with children check in the jurisdiction you are offering an employment opportunity. The Field is under no obligation to confirm the status of your eligibility to work with people under 18 years old. You indemnify The Field against any claim that may arise in connection with your eligibility to engage with people under 18 years old.
26 Job Posts
(a) You acknowledge and agree that:
(i) you may only make as many Job Posts within a Billing Period as is available on your Bundle (Post Credits);
(ii) Job Posts are viewable by any User of the Platform, whether they have a Job Seeker Account, Hiring Manager Account or no Account;
(iii) you must use your best endeavours to provide as much information as possible in any Job Post;
(iv) The Field may choose not to accept any Job Post you submit to the Platform;
(v) any information you supply in a Job Posts must be true, timely and accurate;
(vi) you must deal with any dispute with a Job Seeker in accordance with clause 12 the Platform of Part A;
(vii) any interviews, assessments, negotiations or terms and conditions relating to a Job Post, are solely between you and the relevant Job Seeker and do not involve The Field in any way, except that they must not be inconsistent with your or the Job Seeker’s obligations under this agreement; and
(viii) The Field will have no responsibility for the accuracy, reliability or timeliness of any Job Seeker’s response to a Job Post.
(b) You must ensure that the content of your Job Post, interactions with Job Seekers and your application process for a Job Post is:
(i) in accordance with all applicable laws, regulations, tax obligations and industry standards;
(ii) conducted due care and skill and in a professional, punctual and diligent manner.
(c) You must ensure that your handling of Job Posts, Applications and interactions with Job Seekers are in accordance with all applicable laws, including employment, privacy and anti-discrimination laws.
27 Job Seekers
(a) It is your responsibility to ensure that you verify:
(i) a Job Seeker’s identity;
(ii) a Job Seeker’s eligibility to work in your relevant location; and
(iii) any qualifications that a Job Seeker holds themselves out to possess on the Platform.
(b) You must make your own independent enquiries and assessments before engaging with a Job Seeker. Once you decide to hire or recruit a Job Seeker on the Platform, it is your responsibility to negotiate, decide and execute any terms and conditions with that Job Seeker. You must comply with all applicable laws, rules, regulations and industry standards when engaging a Job Seeker (including employment law, the National Employment Standards and applicable modern awards)
28 Badges
Hiring Managers acknowledge and agree that:
(a) they are granted a limited licence to use the Learning Hub for their own internal purpose by Users with an Account;
(b) while the Learning Hub has been prepared with every effort to help to expand understanding and increase confidence around access and inclusivity in disability for workplaces, the information provided in the Learning Hub does not take into account your organisation’s specific circumstances or goals;
(c) information provided on the Learning Hub is general in nature and not intended to be professional advice of any kind and should not be relied on as such;
(d) any factors will be important in determining whether you achieve any actual results in relation to your organisation’s access and inclusivity and there is no guarantee that you will be able to achieve any specific outcome within any timeframe or at all;
(e) we make no representation or guarantee that the Learning Hub will be useful or relevant to you or that by applying any ideas, recommendations, methods or techniques in the Learning Hub you will achieve any particular outcomes; and
(f) we are not responsible for any of your actions, decisions or choices and any methods and techniques implemented by you in relation to your organisation and they are done so at your own risk.
29 Fees
29.1 General
(a) All Bundle Fees must be paid in advance and are non-refundable for change of mind. However, The Field may, in its absolute discretion, issue refunds of the Bundle Fee in certain circumstances.
(b) Upon registering for a Bundle, your Bundle will continue to renew on a 12 monthly basis indefinitely, and you must pay Bundle Fees in respect of each 12 monthly period (Billing Cycle), unless you notify us via the Platform the day prior to the expiry of the then current Billing Cycle that you want to cancel your Bundle.
(c) No payments will be due during your free trial.
(d) We will provide you an invoice for all fees payable under this agreement.
(e) The Field reserves the right to change or waive the Bundle Fee at any time by updating this agreement, on written notice to you. We will provide you with at least 14 days’ written notice if this occurs, and upon receipt of such notice you will have the right to terminate this agreement immediately, on written notice to us. Your continued use of the Solution after you receive such written notice will constitute your consent to the change and/or waiver set out in that notice.
(f) Unless otherwise indicated, the Bundle Fees are inclusive of GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice.
(g) Our Online Payment Partner may charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
(h) Unless otherwise agreed in writing, we may, in our absolute discretion not provide any part of the Platform or withhold access to any part of or all of the Platform until you pay the Bundle Fee.
29.2 Manual Invoicing
(a) Where you have selected the manual invoice payment option available when you register for a Bundle, this clause 7.2 applies and 7.3 does not apply.
(b) Upon registering for a Bundle and at the beginning of every Billing Cycle, we will issue you an invoice for payment of the relevant Bundle Fees and send to the email address associated with your Account.
(c) Where we issue you an invoice for the Bundle Fees, payment must be made within 21 calendar days of us having issued you the invoice.
(d) You must ensure that payments are made in accordance with the instructions provided on the invoice, including payment into the nominated account or with particular payment references.
29.3 Automatic Payments
(a) Where you have selected the automatic payment option available when you register for a Bundle, this clause 7.3 applies and 7.2 does not apply.
(b) Unless you notify us via the Platform the day prior to the expiry of the then current Billing Cycle that you want to cancel your Bundle, we will continue to automatically debit the Bundle Fees from your nominated payment method at the beginning of each Billing Cycle.
(c) We will not pay any charge back amount if you fail to cancel your Bundle in accordance with this clause 7. By choosing a recurring payment plan, you acknowledge that your Bundle has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to your cancellation of your Bundle.
(d) We may submit periodic charges for the Bundle Fees without further authorization from you, until you provide prior written notice (receipt of which is confirmed by us) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before we could reasonably act on such notice. To terminate your authorization or change your payment method, please contact us via support@thefield.jobs.
30 Online Payment Payment
(a) We may use third-party online payment partner, currently Stripe (Online Payment Partner) to collect Bundle Fees.
(b) The processing of payments by the Online Payment Partner will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Online Payment Partner.
(c) You agree to release The Field and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner’s platform or any error or mistake in processing your payment.
(d) We reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your payment.
31 Warranties
By listing yourself as a Hiring Manager on the Platform, posting a Job Post, you represent and warrant that:
(a) you are authorised to represent the organisation on whose behalf you are offering employment opportunities;
(b) you will handle all Job Posts and interactions with Job Seekers
(i) with due care and skill in a professional, efficient, diligent and safe manner, and to the best industry standards; and
(ii) in compliance with all applicable laws.
32 Upgrades, Downgrades or Cancellations of your Bundle
32.1 Upgrades and Downgrades
(a) You may notify us that you would like to upgrade or downgrade your Bundle at any time.
(b) If you choose to upgrade your Bundle, we will:
(i) take reasonable steps to promptly provide you with access to the new Bundle;
(ii) any existing Post Credits from the previous Bundle will be added to any Post Credits from the new Bundle; and
(iii) upon providing such access, the new relevant Bundle Fee will be immediately payable and you will be charged at the new Bundle Fee in any subsequent Billing Cycles.
(c) For the avoidance of doubt, if you choose to downgrade your Bundle, the new Bundle (along with the associated Bundle Fee) will kick in at the start of the next Billing Cycle, unless we notify you otherwise. We generally don’t pro-rate downgrades in between billing cycles, however we reserve the right to do so from time to time.
(d) This agreement will be taken to be amended in accordance with any changes agreed in accordance with clause 10(a).
(e) If you choose to downgrade your Bundle, you acknowledge and agree that we are not liable for, and you release us for all claims arising in connection with, any loss of content, features, or capacity, including any Posted Material in relation to a downgrade in your Bundle.
32.2 Cancellations
(a) You may cancel your Bundle by notice to us. Your Bundle will end in the then current Billing Cycle, and you will not be refunded for any Bundle Fees.
(b) Your licence to the Platform under this agreement (including any associated Post Credits or access to features) will last for the remainder of the then current Billing Cycle to ensure you have an opportunity to retrieve all data you may need from the Platform. Once the then current Billing Cycle ends, we will have no responsibility to store or otherwise retain any data, and you release us in respect of any loss or damage which may arise out of us not retaining any data beyond that point.
(c) Your access to your Bundle will be revoked at the end of the relevant Billing Cycle in which you cancel your Bundle by notice to us.
Part C Job Seekers
33 Job Posts
You acknowledge and agree that:
(a) if you submit an application to a Job Post (Application), that will make available to the Hiring Manager the information you have made available on your Account’s profile (Public Profile) along with submit any information you have included in the Application to the Hiring Manager;
(b) any interviews, assessments, negotiations, terms and conditions relating to a Job Post are solely between you and the relevant Hiring Manager and do not involve The Field in any way, except that any terms and conditions must not be inconsistent with your or the Hiring Manager’s obligations under this agreement.
34 AI Matching
(a) From time to time, the Platform may, using its AI job matching algorithm, direct to you Job Posts that have been submitted to the Platform by Hiring Managers (Job Matches). The Platform will generally direct you to Job Matches that are related to your Public Profile, though The Field does not guarantee this.
(b) When the Platform directs you to a Job Match, you will be able to view details of the Job Post and submit an Application.
(c) Job Matches are generated by an AI algorithm and are intended to narrow your search of potential Job Posts. Job Matches are not provided as a recommendation to you from The Field and we make no guarantee that the results from Job Matches will provide a suitable employment opportunity for you or your individual circumstances;
(d) You are responsible for making your own inquiries as to the suitability of a Job Post you view as a result of a Job Match.
(e) The criteria options in a Job Match are general in nature, and are not intended to discriminate any particular groups.
(f) The Field is not responsible for the reliability of Job Matches or for any Job Posts or Hiring Managers you find or engage as a result of a Job Match.