Part A: Advertiser Terms of Use

Horizon Career Centre is a national program of the Australian Association of Social Workers Ltd ABN 93 008 576 010) ("AASW") providing employment solutions on its website at www.horizonemployment.com.au ("Site").  AASW's Privacy Policy applies in relation to these terms and conditions.

Advertisers on the Site identified as "Advertisers" or “Advertiser” includes potential employers seeking to fill job vacancies and potential locum service providers advertising their capabilities and capacity for locum type service contracts. Advertisers on the Site all agree to be bound by the following terms and conditions.  AASW reserves the right to amend these terms and conditions from time to time.

General

1. All Advertisers must register an account online.
2. Advertisers must pay for services provided by AASW on the Site via secure credit card system, or by other means made available to Advertisers by AASW, or otherwise as the parties shall mutually agree.
3. If the Advertiser fails to pay for the services as agreed between the parties, AASW reserves the right to disable the Advertiser’s account with Horizon Career Centre without notice and refuse to supply further services to the Advertiser’s organisation, including if the Advertiser fails to pay for the services as agreed between the parties or otherwise fails to comply with these terms and conditions.
4. In using any services supplied by AASW, Advertisers must comply with all applicable laws and regulations including the Australian Human Rights Commission Act 1986 (Cth) and all applicable anti-discrimination and equal opportunity legislation in the State or Territory in which the Advertiser conducts business. Where an exemption to comply with the legislation has been granted, the exemption details (including the relevant legislation and section number) must be included in the advertisement submitted to AASW.
5. Without limiting the above, Advertisers must not, and must not permit a third party to:
   
   •  use any method or process (including data scraping, web-bots, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repackaging content on the Site;
   • use the website to harm, abuse, harass, stalk, threaten or otherwise offend others;
   • frame or mirror any part of the website without AASW's written authorisation;
   • circumvent, disable or otherwise interfere with security-related features of the Site; or
   • do anything which will or may damage, disrupt access to or interfere with the proper operation of this website, or upload or permit any virus or malicious code to adversely affect this website or any associated equipment or data.
6. AASW reserves the right to not accept, or remove from the Site without notice to the Advertiser, any advertisement that AASW considers may be in breach of any clause of these terms and conditions or of any law or regulation, or is inconsistent with the aims and objectives of AASW. AASW also reserves the right to terminate any service agreement with an Advertiser if the Advertiser posts such an advertisement.
7. All intellectual property rights in the material on the Site, including the text, information, graphics, trading names, logos, design, layout, downloads, pricing, products and services ("Content") is owned by or licensed to AASW.  Advertisers must not reproduce, transmit, adapt, distribute, sell, modify, publish or store Content for any purpose, other than with the prior written consent of AASW, or as permitted by law.  Advertisers agree that AASW retains all intellectual property rights contained in any of the goods and services provided to Advertisers by AASW, but that the intellectual property rights in the content uploaded by Advertisers to the Site is not assigned to AASW under these terms and conditions.  Advertisers grant to AASW a worldwide, irrevocable, assignable, royalty free license to use, reproduce, edit, exploit and sub-license all material provided to AASW by Advertiser in any form and for any purpose, and to publish and communicate the material on the Site, and unconditionally consent to these actions for the purposes of any moral rights Advertisers may have in this material under the Copyright Act 1968 (Cth) or similar rights in other jurisdictions.
8. Advertisers may not assign or transfer any rights and obligations pursuant to these terms and conditions to any other person or entity without AASW's prior written approval (which will not be unreasonably withheld). If an Advertiser is a company, any change in the effective control of that Advertiser will be deemed a transfer for the purpose of this clause.
9. In this section, a reference to an Affiliate of a party means that party's officers, employees, agents, contractors, suppliers and licensors. Advertisers agree to indemnify AASW and its Affiliates against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by AASW in connection with:
   
   • any breach of these terms and conditions by the Advertiser or its Affiliates;
   • any negligent act or omission by the Advertiser;
   • the listing or proposed listing of any advertisement by an Advertiser on the Site or any related site; or
   • an actual or alleged breach by an Advertiser of any law, legislation, regulations, by-laws, ordinances or codes of conduct which occurs in connection with these terms conditions, including as a consequence of the Advertiser’s advertisement appearing on the Site.
10. Without limiting any rights and remedies Advertisers may have under the Australian Consumer Law, AASW:
    
    • cannot and does not guarantee or warrant to the Advertiser that files available for downloading through the Site or delivered via electronic mail through the Site will be free of infection or viruses, worms, trojans or other code that manifest contaminating or destructive properties. Advertisers are responsible for implementing sufficient procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the re- construction of any lost data.
    • provides no warranty to Advertisers that services generally available through the Site will be uninterrupted or error free. AASW will use its reasonable endeavours to ensure that any disruptions or denial of access to the Site will be remedied as quickly as possible. AASW may cease, interrupt or withdraw Advertisers' access to the site for any reason, including for upgrades and maintenance of the Site.
    • will not be liable for any delay or failure to perform its obligations under these terms and conditions, including if such a delay or failure is due to circumstances beyond its reasonable control.
11. The Site may use 'cookies' as part of its interaction with Advertisers' internet browser.  Cookies enable AASW to provide Advertisers with a tailored, customer-oriented service.  A 'cookie' is a small text file placed on an Advertiser's computer by AASW's web server.  A cookie can later be retrieved by AASW's website servers.  Cookies are frequently used on websites and Advertisers can choose if and how a cookie will be accepted by configuring the Advertisers' preferences and options in the Advertisers' browser.  Cookies do not alter the operation of the Advertisers' computer or mobile device in any way. It is recommended that Advertisers accept cookies to make full use of this website.  Cookies may also be used to record non-personalised information such as the date or the pages accessed, for this website's administration, statistical and maintenance purposes.  Any such information will be aggregated and not attributed to individual users.  Most web browsers allow Advertisers to disable cookies on the Advertisers' computer.  If you disable cookies, Advertisers may be unable to use the full functionality of this website.
12. Advertisers must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to AASW without AASW’s prior written approval.
13. If any part of these terms and conditions is held invalid that part shall be severed from these terms and conditions and the remainder of these terms and conditions will continue to be valid and enforceable.
14. Termination of these terms and conditions will not end those provisions that are capable of surviving the ending of these terms and conditions.
15. These terms and conditions are governed by the laws of the Victoria, Australia. Advertisers irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of Victoria, Australia, and waive any objection to legal action being brought in those Courts on the grounds of venue or inconvenient forum.
    
    Posting advertising content
16. AASW makes every effort to avoid errors in advertisements it has agreed to post to the Site. However, AASW accepts no responsibility or liability for any errors and requires that Advertisers check their advertisements for errors as soon as they are placed on the Site(s).  All reasonable efforts will be undertaken by AASW to edit errors brought to AASW's attention as soon as reasonably possible.
17. AASW will use its reasonable efforts to publish advertisements in the shortest possible time. AASW is not liable for any loss or damage incurred by an Advertiser as a result of any failure or delay in listing an advertisement.
18. The Advertiser agrees, warrants and undertakes that:
    
    • it has the legal capacity and power to enter into these terms and conditions and perform its obligations under it;
    • advertisements and other works posted on the Site do not contain false or misleading content, or breach the intellectual property rights of any thirdparty;
    • all files delivered to AASW will be free of infection or viruses; and
    • it will not use the Site for any illegal purpose.
19. Advertisers must:
    
    • at all times only provide to AASW, deal with any information or products provided by AASW, and access and use the Site, in a manner which abides by all applicable laws of Australia, or of any other relevant jurisdiction (including, without limitation, privacy and copyright laws);
    • not use the Site to post or link to any pyramid scheme or spam system;
    • not ask or require any Jobseeker to pay a fee, charge, cost or any money whatsoever to apply for any job advertised on the Site, including if such fee, charge, cost or money is asked or required of the Jobseeker in the job advertisement itself, or as part of any communication with the Jobseeker that takes place as a result of a job advertisement placed on the Site;
    • not use any feature of the Site to send unsolicited email to Jobseekers, whether individually or as a group.  Jobseeker management tools may only be used to communicate with Jobseekers about the specific vacancy to which they have applied.  Resume database tools provided on the Site may only be used to communicate with Jobseekers about specific vacancies that match Advertiser preferences;
    • comply the Privacy Act 1988 (Cth) including the Australian Privacy Principles, Spam Act 2003 (Cth) and any other applicable laws relating to the use of personally identifiable information ("Privacy Laws"):
      
      • in relation to any personal information that it may collect or have access to in connection with the Site or receipt of the services (including from any Jobseekers) ("Contract Personal Information"); and
      • when contacting any Jobseekers, whether via the Site or by other means; and
    • comply with any lawful directions of AASW in relation to any use and dealings with the Contract Personal Information, only use Contract Personal Information to the extent permitted to utilise the Site in accordance with these terms and conditions and for no other purpose, if directed by AASW, return or destroy any copies of Contract Personal Information, notify AASW if it becomes aware of any breach of security or any Privacy Laws in respect of any Contract Personal Information and assist us in resolving any complaints by Jobseekers which are caused or contributed to by the Advertisers breach of these terms and conditions.
20. Advertisers must adhere to the principles of truth in advertising set out in the Recruitment and Consulting Services Association of Australia and New Zealand (RCSA) Code for Professional Conduct.
21. Advertisers placing advertisements for permanent positions should only place job advertisements for which they have authority and/or permission to recruit.
22. Advertisers must ensure that all advertisements posted to the Site comply with all applicable legislation, regulations, by-laws, ordinances and codes of conduct, including but not limited to the:
    
    • The Australian Consumer Law (the "ACL") set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), including but not limited to Chapter 2 of the ACL that prohibits a person, in trade or commerce, from engaging in misleading or deceptive conduct, and Chapter 3 of the ACL that bans specific unfair practices in trade or commerce, including making false or misleading representations, the supply of unsolicited services, participating in pyramid schemes, and practices involving referral selling, harassment or coercion; and
    • Fair Trading Acts in all applicable States and Territories.
23. Advertisers are not permitted to link from AASW's job application process to any external websites/externally hosted application forms without AASW's express written approval. Such approval is subject to strict terms and conditions that must be agreed by AASW in writing.
    
    Use of the services and Site
24. Advertisers acknowledge and agree that AASW acts as a medium through which individuals seek employment opportunities and that AASW does not vet nor is it responsible for vetting job vacancies, locum service providers, Jobseekers or their representations (whether oral or in writing – including those representations appearing in Jobseekers resumes appearing on AASW's resume database) made by them. Without limiting any rights and remedies Advertisers may have under the Australian Consumer Law, AASW disclaims all liability for any loss, costs, damages or loss of profits sustained directly or indirectly as a consequence of any Advertiser employing or engaging any person sourced through the AASW Site.
25. Advertisers understand and agree that the following actions constitute a new/additional job advertisement under these terms and conditions:
    
    • copying a job advertisement;
    • reposting an archived or deleted job advertisement;
    • extending a job advertisement beyond 30 days (known as "renewing" and this can occur on multiple occasions);
    • changing a zone classification and refreshing any job posting. Refreshing is the process of deleting and re posting the same or substantially similar job advertisement. In addition, Advertisers understand and agree that when an Advertiser posts advertisements on AASW via a bulk data import process, changing a job advertisement reference number also constitutes a new job advertisement.
    • If an Advertiser is using a bulk data import process, the Advertiser must ensure that they understand the effect bulk data importing may have on renewing (refer to definition above) advertisement as AASW will count all new/additional job advertisements against the Advertiser’s account and will invoice the Advertiser accordingly.
    • Changes to job advertisement body copy and ad title or location, work type, industry and occupation categories within the existing zone do not constitute a new job advertisement, regardless of the method used to post the advertisement.
26. Employers may access and use the information stored on the Jobseeker resume database solely for the purpose of identifying Jobseekers whose work preferences for location, work type, industry and occupation match the clients' current job advertisements with AASW. Advertisers must not use or forward a Jobseeker's resume without their permission and must not utilise the Site or any content (including Jobseeker contact details) for the purposes of generating or maintaining its own candidate database.
27. Advertisers must ensure that advertisements posted to the Site are posted to the appropriate category of the Site and the onus is on Advertisers to ensure that they familiarise themselves with the advertising requirements of each available category on the Site to ensure appropriate placement of advertisements.
28. AASW reserves the right, and Advertisers must accept as a condition of advertising on the Site, AASW's right to reclassify advertisements posted to the Site, and AASW is entitled to withdraw advertisements from one category of its Site and to re-publish advertisements in another category on the Site.

Part B Jobseeker Terms of Use

Horizon Career Centre is a national program of the Australian Association of Social Workers Ltd ABN 93 008 576 010) ("AASW") providing employment solutions on its website at www.horizonemployment.com.au ("Site").  AASW's Privacy Policy applies in relation to these terms and conditions, and any personal information we collect via the Site.

“Jobseekers” or “Jobseeker” as identified on the Site agree to be bound by the following terms and conditions. These following terms and conditions do not apply to locum advertisers except where they are responding to an advertisement as an ordinary Jobseeker. AASW reserves the right to amend these terms and conditions from time to time.

Advertisers on the Site identified as "Advertisers" or “Advertiser” includes potential employers seeking to fill job vacancies and potential locum service providers advertising their capabilities and capacity for locum type service contracts.

1. At all times, Jobseekers must:
   
   • deal with any information or products provided by AASW or accessed from the Site in a manner which abides by all applicable laws of Australia, or of any other relevant jurisdiction (including, without limitation, privacy andcopyright laws);
   • not use any feature of the Site to send unsolicited email to Advertisers, whether individually or as agroup; and
   • not use the Site to harm, abuse, harass, stalk, threaten or otherwise offend others.
2. Jobseekers acknowledge that:
   
   • AASW has no control over the content uploaded to the Site by Advertisers, including in relation to the quality, safety or standard of positions advertised on this Site by Advertisers or the truth or accuracy of the information contained in the job notices. To the extent permitted by law, If Jobseekers use or rely on content posted by Advertisers on the Site, Jobseekers do so solely at their own risk;
   • the Advertisers may have access to and collect their personal information in the circumstances contemplated by Part A of these terms and conditions, including reviewing any resume the Jobseeker makes available via the Site;
   • they may be contacted by Advertisers via the Site or any other lawful means in connection with jobs and positions available with the Advertiser that may be relevant to them. Jobseekers consent to being contacted by Advertisers for such positions, including via the Site, phone and commercial electronic messaging.
3. In this section, a reference to an Affiliate of a party means that party's officers, employees, agents, contractors, suppliers and licensors.  Without limiting any rights and remedies Jobseekers may have under the Australian Consumer Law:
   
   • Jobseekers agree to indemnify AASW and each Affiliate of AASW in connection with the breach of, or failure to comply with, any of these terms and conditions, or any other default or wrongful conduct in relation to the subject matter of these terms and conditions, on the part of Jobseekers or any of the Jobseekers' Affiliates.
   • AASW disclaims all liability for any loss, costs, or damages sustained directly or indirectly as a consequence of any Jobseeker relying on information sourced through the Horizon Career Centre Site.
   • AASW cannot and does not guarantee or warrant to Jobseekers that files available for downloading through the Site or delivered via electronic mail through the Site will be free of infection or viruses, worms, trojans or other code that manifest contaminating or destructive properties. Jobseekers are responsible for implementing sufficient procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the re- construction of any lost data.
   • AASW provides no warranty to Jobseekers that services generally available through the Site will be uninterrupted or error free. AASW agrees to use its reasonable endeavours to ensure that any disruptions to or a denial of access to the Site will be remedied as quickly as possible.
   • AASW will not be liable for any delay or failure to perform its obligations under these terms and conditions, including
     if such a delay or failure is due to circumstances beyond its reasonable control.
4. All intellectual property rights in the material on the Site, including the text, information, graphics, trading names, logos, design, layout, downloads, pricing, products and services ("Content") is owned by or licensed to AASW.  Jobseekers must not reproduce, transmit, adapt, distribute, sell, modify, publish or store Content for any purpose, other than with the prior written consent of AASW, or as permitted by law.  Jobseekers agree that AASW retains all intellectual property rights contained in any of the goods and services provided to Advertisers by AASW, but that the intellectual property rights in the content uploaded by Jobseekers to the Site is not assigned to AASW under these terms and conditions.  Jobseekers grant to AASW a worldwide, irrevocable, assignable, royalty free license to use, reproduce, edit, exploit and sub-license all material provided to AASW by Jobseekers in any form and for any purpose, and to publish and communicate the material on the Site, and unconditionally consent to these actions for the purposes of any moral rights Jobseekers may have in this material under the Copyright Act 1968 (Cth) or similar rights in other jurisdictions.
5. Jobseekers acknowledge and agree that AASW acts as a medium through which individuals seek employment opportunities and a medium through which employers seek employees. AASW does not vet nor is it responsible for vetting Jobseekers or Advertisers or the representations (whether oral or in writing – including those representations appearing Advertiser advertisements, in Jobseekers resumes appearing on AASW's resume database) made by them. To the extent permitted by law,
6. Without limiting the above, Jobseekers must not and must not permit a third party to:
   
   • use any method or process (including data scraping, web-bots, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repackaging content on the Site;
   • use the website to harm, abuse, harass, stalk, threaten or otherwise offend others;
   • frame or mirror any part of the website without AASW's written authorisation;
   • circumvent, disable or otherwise interfere with security-related features of the Site; or
   • do anything which will or may damage, disrupt access to or interfere with the proper operation of this website, or upload or permit any virus or malicious code to adversely affect this website or any associated equipment or data.
7. The Site may use 'cookies' as part of its interaction with Jobseeker's internet browser.  Cookies enable AASW to provide Jobseekers with a tailored, customer-oriented service.  A 'cookie' is a small text file placed on a Jobseeker's computer by AASW's web server.  A cookie can later be retrieved by AASW's website servers.  Cookies are frequently used on websites and Jobseekers can choose if and how a cookie will be accepted by configuring the Jobseeker's preferences and options in the Jobseeker's browser.  Cookies do not alter the operation of the Jobseeker's computer or mobile device in any way. It is recommended that Jobseekers accept cookies to make full use of this website.  Cookies may also be used to record non- personalised information such as the date or the pages accessed, for this website's administration, statistical and maintenance purposes.  Any such information will be aggregated and not attributed to individual users.  Most web browsers allow Jobseekers to disable cookies on the Jobseeker's computer.  If Jobseekers disable cookies, Jobseekers may be unable to use the full functionality of this website.
8. If any part of these terms and conditions are held invalid that part shall be severed from these terms and conditions and the remainder of these terms and conditions will continue to be valid and enforceable.
9. Termination of these terms and conditions will not end those provisions that are capable of surviving the ending of this agreement.
10. These terms and conditions are governed by the laws of the Victoria, Australia. Jobseekers irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of Victoria, Australia, and waive any objection to legal action being brought in those Courts on the grounds of venue or inconvenient forum.