Welcome to Toozly
These Employer Terms apply to You if You place any Job Ads on Toozly.
By accepting these Employer Terms, You also accept the [Site Terms]. We may vary the Site terms and the Employer Terms at any time and will post any updated Terms on toozly.com.au. You agree that any updated Terms posted on the Site will apply to you.
The Site Terms form part of these Employer Terms.
1. Vacancy Ads
1.1. You may use Toozly to place Job Ads solely on these Employer Terms.
1.1b All Ads placed on Toozly have an expiry date. You must confirm the advertised expiration date at the time of purchase.
Unused Ads at expiration will be forfeited.
1.2. All Job Ad Content must:-
1.2.1. Be clear, complete and accurate and not misleading or likely to mislead;
1.2.2. Be in the manner and format specified on Toozly or as otherwise directed by Us from time to time;
1.2.3. Not be of a nature likely to bring Us into disrepute;
1.2.4. Comply with all relevant laws, regulations, standards and industry codes including but not limited to the Australian Consumer Law 2010 (Cth) and the Disability Discrimination Act 1992;
1.2.5. Relate to a genuine and current employment opportunity which complies in all respects with the Australian National Employment Standards and any relevant award.
1.3. You must not:
1.3.1. Use Toozly to post a Job Ad for a job vacancy which is not in Australia;
1.3.2. Require any Candidate or potential Candidate to make any payment, directly or indirectly in respect of a job vacancy, job vacancy application or Job Ad;
1.3.3. Upload, post, transmit, publish or otherwise make available any Job Ad or other content which You do not have a right to so post, publish or otherwise make available under any law, regulation, rule, code or under contractual or other legal relationships;
1.3.4. Upload, post, transmit, publish or otherwise make available any false, misleading, inappropriate, profane, defamatory, abusive, threatening, obscene or unlawful Job Ad;
1.3.5. Use Toozly to infringe the intellectual property rights of others;
1.3.6. Use Toozly to breach any law; or
1.3.7. Place any Job Ad which relates to an employment opportunity which is or which We reasonably consider to be, solely or primarily commission based.
2. Advertising Content
2.1. If any Job Ad changes, becomes out of date or no longer complies with these Employer Terms, You must immediately amend the relevant Job Ad.
2.2. You agree that by submitting a Job Ad, You consent to being contacted (on an ongoing basis) via any of the contact details contained in that Job Ad.
3. Editorial Control
3.1. You acknowledge and agree that We retain complete editorial control over Toozly and that , notwithstanding the payment of any Job Ad Fee, We may, in our sole discretion and without notice or payment to You:-
3.1.1. At any time reject, remove, re-position, delete or amend any Job Ad in whole or in part;
3.1.2. Position Job Ads on Toozly as We see fit; and
3.1.3. Stipulate other conditions to ensure that any Job Ad is clear and does not breach any provision of these Terms.
3.2. We may remove any Job Ad and /or refuse You access to Toozly or any part of Toozly if You have breached or We consider that You will or may breach these Employer Terms or for any other reason which We, in our sole discretion, see fit.
3.3 We may at any time and without notice to You, alter the look, functionality, facilities or appearance of Toozly.
4. Paid advertising
4.1. Details of Job Ad Fees and associated payment arrangements are set out on Toozly.
4.2. Other than where specified on Toozly, the payment of any Job Ad Fee does not guarantee the position or duration of any job advertisement on Toozly.
4.3. You must pay the Job Ad Fees in respect of Job Ads which attract a Fee in accordance with the provisions set out on Toozly.
5.1. By posting Job Ad Content onto Toozly, You grant Us a perpetual, royalty free, non exclusive, irrevocable, worldwide and transferable licence to reproduce, modify, add to, use, copy, publish, communicate and adapt any Ad Content for any purpose, anywhere in the world, including but not limited to on any social media utilised by Us (“Licence”).
6.1. You represent and warrant to Us that:
6.1.1. You are fully authorised to publish all Job Ads and to enter into these Employer Terms;
6.1.2. You are at least 18 years of age and have the legal capacity to enter into the Employer Terms;
6.1.3. Publication of any Job Ad on Toozly in accordance with these Employer Terms will not, at any time, infringe any intellectual property right, moral right or other right of any person;
6.1.4. You have the ability to grant the Licence;
6.1.5. Your Job Ads will at all times comply with the provisions of clause 1.
7. Limitation of Liability
7.1. To the fullest extent permissible by law, We exclude all warranties, representations, terms and conditions, whether express or implied (and including, without limitation, those implied by statute, custom, law or otherwise) except as expressly set out in these Employer Terms.
7.2. You acknowledge and agree that Your use of Toozly is at Your sole risk.
7.3. Subject to clause 7.4. We exclude all liability to You for any loss or damage, (including without limitation, loss of profits and indirect or consequential loss), however caused (including without limitation, damage or loss arising in contract, tort (including negligence ), under statute or otherwise suffered by You or a third party in connection with:-
7.3.1. Your use of or reliance on the Job Ad Facilities;
7.3.2. Your use of or reliance on Toozly or any Content;
7.3.3. Any dealing which You have with any case manager or other individual or entity in connection with Toozly.
7.4. Certain legislation, including the Australian Consumer Law 2010 (ACL) may imply warranties or conditions or impose obligations which cannot be excluded by law and to the extent that We are able to do so, We limit our liability to the extent permitted by that legislation to the re-supply of the Job Ad Facilities purchased by You.
7.5. You acknowledge that We have no liability in respect of acts, omissions, errors, misrepresentations, warranties, breaches or any tort of a Case Worker or any other third party connected, either directly or indirectly, with Toozly or facilities made available on Toozly.
8.1. You hereby indemnify and hold Us and Our officers, employees and agents harmless from and against any liability, loss , damage, costs and expense (including, without limitation, legal expenses on a full indemnity basis) and penalties incurred or suffered by any of them or Us arising, directly or indirectly out of:
8.1.1. Your breach of these Employer Terms , including without limitation a warranty in clause 6;
8.1.2. Any act of fraud or wilful misconduct by You;
8.1.3. Any act or omission by You in relation to Your use of the Job Ad Facilities or of Toozly including in relation to any Job Ad including without limitation, claims brought by a third party relating to defamation, negligent misstatement, injurious falsehood, rights of publicity and/ or privacy, copyright infringement, trademark infringement, other intellectual property infringement, passing off, misleading or deceptive conduct and any failure to comply with or fulfil any representations, warranties or agreements.
9.1. You acknowledge and agree that:-
9.1.1. We do not imply or suggest nor do We offer any warranty that the publication of a Job Ad on Toozly will make such Job Ad available to suitable candidates;
9.1.2. We do not vet or in any other way approve any candidates whether in terms of their suitability for a particular vacancy or at all; and
9.1.3. You are responsible for making all checks, including where relevant, following up references in relation to Candidates.
9.1.4. We do not perform any checks in relation to Advertising Content and We accept no liability in respect of the publication or posting of any inaccurate Advertising Content, however that inaccuracy is caused.
10.2. In relation to any Candidate Data, You may not:-
10.2.1. Either directly or indirectly, use any Candidate Data for any purpose other than to assess a Candidate’s suitability for a vacancy, or for contacting that candidate solely in respect of specific vacancies where the candidate has given express consent to such contact;
10.2.2. Make any Candidate Data available to any third party other than with the express consent of the relevant Candidate;
10.2.3. Use any Candidate Data, including but not limited to email contact details for the purposes of direct marketing of Your products or products of third parties unless the Candidate has given their express consent for the use of their Candidate Data for such purpose or purposes.
10.3. If We receive a communication from any Candidate in respect of Personal Information collected by You, We will supply such request to You and You agree that You will process such request in accordance with your obligations under the Privacy Act.
If there is any inconsistency between the provisions of these Employer Terms and the Site Terms, the provisions of these Employer Terms will prevail to the extent of such inconsistency.
Candidate Data means any Personal Information or any other information of or related to a Candidate.
Candidate means any candidate responding either directly or indirectly to a Job Ad.
Job Ad means any job vacancy advertisement which You submit to Toozly, whether for a Job Ad Fee or otherwise and any text, images or other content in or forming part of a job vacancy advertisement.
Job Ad Fee means any fee paid or to be paid by You to Us for a Job Ad.
You means any entity uploading or posting any Job Ad onto Toozly and Your and Yours shall be interpreted accordingly.