Terms and Conditions of Use of this Website

Overview

This page states the terms of use (“Terms“) under which you (“You“) may use our SkillsNest employment website and app (collectively, “our websites and apps“). Please read them carefully as they affect Your rights and liabilities under the law. If You do not agree to these Terms, please do not register for an account or use our websites and apps. These Terms are effective on the date they are published on our websites and apps.

Binding agreement and variations

  1. Our websites and apps are provided to you for your use subject to these Terms. These Terms form a binding agreement between you and SkillsNest Pty Ltd (ABN 78 688 545 520). By accessing or using our websites and apps you agree to accept and be bound by these Terms.
  2. We may update these Terms from time to time and the updated version will apply to you. Our current Terms will be accessible through our websites and apps.
  3. If we reasonably believe that changes to these Terms will be materially detrimental to Users, we will provide a notice on our websites and / or apps 30 days prior to the changes taking effect.
  4. If you do not wish to accept the new Terms, you should not continue to use our websites and apps. If you continue to use our websites and apps, your use will indicate your agreement to be bound by the new Terms.
  5. Your use of our Services (including our websites and apps) may be subject to another agreement/s with SkillsNest Pty Ltd. In the case of any conflict between these Terms and any other such agreement/s, the other agreement/s will prevail.

Registration

  1. To register an account on our websites and apps you must be capable of entering into a legally binding contract in the country in which you live.
  2. You must ensure that the details provided by you to us on registration (or at any time) are correct and complete.
  3. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details so that we can communicate with you effectively.

Password and security

  1. When you register an account through our websites and apps you will be asked to create a password or, in the case of a Candidate account, you may register using your Google or Facebook logins or Apple ID details (“Login Details“). In order to prevent fraud, you must keep your Login Details confidential and must not disclose them or share them with anyone. You agree to immediately notify us of any unauthorised use of your Login Details or any other breach of security that is relevant to us.
  2. If we have reason to believe that there is likely to be a breach of security or misuse of our websites and apps, we may require you to change your Login Details or we may suspend your account.
  3. You are entirely responsible if you do not maintain the confidentiality of your Login Details. Furthermore, you are entirely responsible for any and all activities that occur within or through your account. You may change your password at any time by following the instructions in ‘Settings’. You may also delete services attached to your registration at your convenience.
  4. If you do not maintain the confidentiality of your Login Details:
    1. all resulting direct losses or damage incurred by us or you shall be borne by you; and
    2. you shall fully indemnify us for any loss or damage suffered by us as a direct result of your Login Details being compromised, except to the extent we contributed to any such loss or damage.

Intellectual Property

  1. SkillsNest Pty Ltd owns all intellectual property rights associated with our websites and apps. Subject to the below paragraph, SkillsNest Pty Ltd retains all intellectual property rights in our websites and apps.
  2. We do not own any pre-existing intellectual property owned by you (an example of which may be your company logo). However, you agree to provide us with a perpetual, non-transferable, royalty free licence to use your intellectual property in the products and services we provide (or make available) to you. If you withdraw this licence, we may be unable to provide certain products and services to you.
  3. Unless otherwise expressly permitted by us, the materials and Content on our websites and apps must only be used for your personal, non-commercial purposes. You must keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for non-personal or commercial purposes any of the materials or Content on our websites and apps without prior written permission from us.
  4. We welcome ideas and feedback from you about all aspects of our websites and apps. You agree that we may reproduce, distribute, transmit, create derivative works of, and publicly display any materials and other information (including ideas for new or improved products and services) that you submit to any public areas of our websites and apps (such as bulletin boards, forums and newsgroups) or directly to us (e.g. by email). You understand that you will not be compensated for your ideas and feedback, even if we subsequently make changes to our websites and apps (including products and services) following receipt of your ideas and feedback. If required by law, you will formally transfer any intellectual property or other rights in your ideas and feedback to us for nominal consideration.

  5. Our websites and apps feature the use of open source software.

Availability of our websites and apps

  1. Although we aim to offer you the best service possible, we make no promise that our websites and apps will meet your requirements.
  2. We cannot guarantee that our websites and apps will be uninterrupted, fault-free, error-free, or that our websites and apps and servers are free of viruses or other harmful mechanisms. If a fault occurs with our websites and apps you should report it to us and we will attempt to correct the fault as soon as we can.
  3. Your access to our websites and apps may be occasionally restricted to allow for repairs, maintenance or the introduction of new content, facilities or services. We will attempt to restore access and/or service as soon as we reasonably can.
  4. You also understand that we cannot and do not guarantee or warrant to you that files available for downloading through our websites and apps or delivered via electronic mail through our websites and apps will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to our websites and apps for the reconstruction of any lost data.

Your use of our websites and apps

  1. We hereby grant you a limited, terminable, non-exclusive right to access and use our websites and apps only for your personal use and/or employment purposes.
  2. You may not use our websites and apps for any of the following purposes:
    1. Disseminating any unlawful, illegally discriminatory, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
    2. Aggregating, copying or duplicating in any manner any of the Content or information available from any of our websites and apps, including expired job postings;
    3. Reproducing any of the Content for general use;
    4. Linking to any Content or information available from any of our websites and apps unless we permit otherwise;
    5. Transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or codes of practice;
    6. Interfering with any other person’s use or enjoyment of our websites and apps; or
  3. You agree not to resell or assign your rights or obligations under these Terms. You also agree not to make any unauthorised commercial use of our websites and apps.
  4. You may not use data mining, robots, screen scraping, or similar automated data gathering, extraction or publication tools on our websites and apps (including without limitation for the purposes of establishing, maintaining, advancing or reproducing information contained on our websites and apps on your own website or in any other publication), except with our prior written consent.

Your use of our Services

All Users agree to not:

  1. Transmit, post, distribute, store or destroy material, including without limitation Content, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information, or in breach of our Privacy Policy;
  2. Violate or attempt to violate the security of any of our websites and apps, including, without limitation:
    • Accessing data not intended for them
    • Logging into a server or account which they are not authorised to access
    • Attempting to probe, scan or test the vulnerability of a system or network
    • Attempting to breach security or authentication measures without proper authorisation
    • Attempting to interfere with service to any user, host or network
    • Sending unsolicited emails, including promotions and/or advertisements for products or services
  3. Violations of system or network security may result in civil and/or criminal liability. SkillsNest Pty Ltd will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
  4. Reverse engineer or decompile any parts of any of our websites and apps;
  5. Aggregate, copy or duplicate in any matter any of the Content or information available from any of our websites and apps, including expired job postings, other than as permitted by these Terms or another agreement we have with you;
  6. Post any content or material that:
    1. Facilitates, promotes or endorses scams, false or misleading information or illegal activities
    2. Provides instructional information about illegal activities prohibited by these Terms (e.g., making illegal weapons, violating privacy, creating viruses, pirating media)
    3. Promotes any political views;
  7. Post any profile, resume or apply for any job on behalf of another party;
  8. Share login credentials with any third party;
  9. Access data not intended for you or log into unauthorized accounts;
  10. Post or submit any inaccurate, incomplete, misleading, false, or outdated biographical information or information which is not your own;
  11. Post content that contains restricted or password-only access pages, or hidden pages or images;
  12. Solicit Login Details from other Users;
  13. Delete or alter any material posted by any other person or entity;
  14. Harass, incite harassment or advocate harassment of any group, company or individual;
  15. Send unsolicited communications promoting products/services to Users who have requested not to be contacted;
  16. Attempt to interfere with service through viruses, overloading, “flooding”, “spamming” or “crashing”;
  17. Use our Services for any unlawful purpose or post content that is defamatory, offensive, vulgar, obscene, threatening, harassing, abusive, hateful, racist, or illegally discriminatory; or

  18. Post non-genuine profiles/resumes that advertise or promote products/services.

Additional Terms applicable to Candidates

  1. If you are a Candidate, this section applies to you.
  2. We grant you a limited, terminable, non-exclusive right to access and use our websites and apps only for personal job seeking. This authorizes you to view and download a single copy of Content solely for personal, non-commercial use.
  3. When registering, you must provide certain information including a valid email address.
  4. Your Profile must be accurate, complete, up-to-date and not misleading. You may not impersonate others.
  5. You acknowledge that you are solely responsible for:
    1. The form, content and accuracy of your Profile and resume
    2. Any consequences arising from your account creation and use of our services
  6. We may offer third-party services/products based on preferences you identify.
  7. See our Privacy Policy regarding personal data handling. We may comply with legal requests for User information.
  8. All information you provide (Profile, resume, etc.) will be disclosed to Employers when you apply for roles. Your information may also be searchable via our Talent Search functionality (see Privacy Policy for visibility settings).
  9. You have no ownership rights in your account. If you cancel or we terminate your account:
    1. All account information will be marked as deleted
    2. Data may remain temporarily available due to propagation delays
    3. Employers may retain copies of your applications
  10. We may delete inactive accounts after prolonged inactivity.
  11. We don’t guarantee:
    1. Continued availability of any particular job advertisement
    2. That every advertisement represents an actual vacancy

User Content and submissions

  1. You understand that all User Content is the sole responsibility of the person from which such User Content originated.
  2. All information provided by you (Profile, resume, account information) shall be stored in our Databases.
  3. You consent that your information may be transferred outside your location for storage/processing (see Privacy Policy).
  4. By posting User Content, you grant SkillsNest Pty Ltd a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such content (subject to privacy settings and laws). This license ends when content is removed.
  5. Publicly posted User Content may be accessed/stored/reproduced by other Users for personal use.
  6. We may remove any User Content that violates these Terms, laws, or threatens User safety.
  7. We don’t guarantee the truthfulness or accuracy of User Content – reliance is at your own risk.

Our right to suspend or cancel your account

  1. We may suspend Candidate accounts immediately for unlawful/inappropriate conduct, or cancel for breaches if not remedied within 14 days of notice.
  2. You may cancel your Candidate account at any time.
  3. Suspension/cancellation doesn’t affect statutory rights/liabilities.
  4. Employer accounts are governed by separate Advertising Terms.

Term and Termination

  1. These Terms remain effective while you’re a User.
  2. We may pursue legal remedies for breaches, including:
    1. Removing User Content
    2. Terminating accounts
    3. Restricting access to Services
  3. Certain provisions survive termination.

Our liability

  1. Our websites/apps act as venues for:
    1. Employers to post jobs and evaluate candidates
    2. Candidates to create Profiles and apply for jobs
    3. Advertisers to post advertisements
  2. To the maximum extent permitted by law, we’re not responsible for:
    1. User Content quality/safety/legality
    2. Job/resume accuracy
    3. Employers’ ability to offer jobs
    4. Candidates’ ability to fill openings
  3. We don’t endorse/recommend any jobs or employers. Seek independent advice before entering agreements.
  4. We may remove User Content at our discretion.
  5. While we try to ensure accuracy, we don’t warrant the correctness of third-party content.
  6. You assume all risks of dealing with other Users (including physical harm risks).
  7. Our websites/apps may contain inaccuracies – use at your own risk.
  8. No content constitutes our endorsement of any User/third party.
  9. While we implement security measures, we disclaim liability for unlawful third-party access to information.
  10. Our liability for losses is limited to direct, foreseeable damages (excluding business losses like profits/data).
  11. Where liability can’t be excluded, it’s limited to re-supplying services or refunding costs.
  12. Aggregate liability is capped at AUD100 (where permitted by law).

Disclaimers

  1. No liability for information loss due to service interruptions.
  2. We don’t exercise editorial control over third-party communications.

Third Party Websites

We may link to third-party sites – these are not under our control and we’re not responsible for their content/accuracy/legality. Links don’t imply endorsement.

Advertising and Sponsorship Policy

  1. Parts of our websites/apps contain advertising. Advertisers are responsible for legal compliance.
  2. We may refuse unsuitable advertisements.
  3. No responsibility for advertising errors/inaccuracies.

Advertising and Sponsorship Policy

  1. Parts of our websites/apps contain advertising. Advertisers are responsible for legal compliance.
  2. We may refuse unsuitable advertisements.
  3. No responsibility for advertising errors/inaccuracies.

Indemnity

You agree to indemnify SkillsNest Pty Ltd against all losses/damages from:

  • Your User Content
  • Your use of Content
    (Except to the extent we contributed to such loss)

We’ll notify you of any claims.

Contracting Parties & Governing Law

  • Your contractual relationship is with SkillsNest Pty Ltd (ABN 78 688 545 520).
  • These Terms are governed by NSW, Australia law. Parties submit to NSW courts’ exclusive jurisdiction.
  • We may assign these Terms without your consent (with 30 days’ notice).

International Use & Translations

  • We don’t warrant materials are appropriate/all legal in your location. Access from prohibited territories is unauthorized.
  • English versions prevail over translations.

Miscellaneous

  • You can’t transfer rights/obligations; we may transfer where your rights aren’t materially affected.
  • Not enforcing a breach doesn’t waive future enforcement rights.
  • No liability for breaches caused by circumstances beyond our control.
  • Invalid provisions don’t affect remaining Terms.

Definitions

  • “Advertiser” = Entity posting job ads
  • “Candidate” = User seeking employment
  • “Content” = All text/graphics/designs/data on our platforms
  • “Profile” = User-created profile containing personal information
  • “User” = Anyone accessing our services
  • “User Content” = All materials submitted by Users