Employer Terms & Conditions
1. General Terms – Employers
1.1. Troop Employment offers you, as a business, with an opportunity to register for an account (the ‘Account’) allowing you create an online profile, browse Jobseeker (‘Jobseeker’) profiles and communicate with prospective employees in the hospitality industry (the ‘Services).
1.2. These terms and conditions govern your usage of the Services. By continuing to register for an Account after reading these terms and conditions (the ‘Terms’), this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3. The Website (troopemployment.com.au) and associated Services are operated by BAGDL Enterprise Pty Ltd t/a Troop Employment (acn: 630 271 957). Access to and use of the Website, or any of its associated Services, is provided by Troop Employment.
1.4. Troop Employment reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Troop Employment updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Registration to use the Services
2.1. In order to access the Services, you must first register for an Account through the Website.
2.2. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal or business information (such as identification or contact details), including:
- Preferred Username
- Phone Number
- Business Name
- ABN or ACN
- Business address
- Employment needs
- And other relevant information.
2.3. You warrant that any information you give to Troop Employment in the course of completing the registration process will always be accurate, correct and up to date.
2.4. You agree that any information you provide will be displayed to Jobseekers that have registered for an account on the Website.
2.5. Troop Employment will only accept completed applications, and reserves the right to reject an application for any reason. If your application is accepted, you will receive a confirmation e-mail.
2.6. Once you have completed the registration process, you will be a registered Employer on the Website (‘Employer‘) and agree to be bound by the Terms.
2.7. You may not use the Services and may not accept the Terms if:
- you are not of legal age to form a binding contract with Troop Employment; or
- you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
3. Your obligations as an Employer
3.1. As an Employer, you expressly agree that you will not, through any means:
- deceive or mislead any Jobseeker or provide them with misleading or false information; or
- harm, harass, hassle or abuse any Jobseeker or Employer; or
- send un-welcomed or un-solicited communication to any Jobseeker or Employer for any reason; or
- communicate with any Jobseeker or Employer individually or as a group regarding matters not relevant to the Services; or
- act in an unlawful, abusive, defamatory, discriminatory or otherwise objectionable manner; or
- require any Jobseeker to provide a fee, charge, cost or any form of consideration in connection with the hiring process for a Job Listing (‘Job Listing’) you have created on the Website; or
- infringe the intellectual property or privacy rights of any Employer, Jobseeker or any third-party.
3.2. Troop Employment, at its sole discretion, reserves the right to remove, edit or alter any content created by you on the Website.
3.3. Troop Employment retains the right to revoke your Account or deny you access to the Services at any time.
3.4. As an Employer, you agree to comply with the following:
- you will use the Services only for purposes that are permitted by:
- the Terms; and
- any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
- you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
- any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Troop Employment of any unauthorised use of your password or email address or any breach of security of which you have become aware;
- access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Troop Employment providing the Services;
- you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Troop Employment;
- you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of any Jobseeker or Employer by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
- you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Troop Employment for any illegal or unauthorised use of the Website; and
- you acknowledge and agree that any automated use of the Website or its Services is prohibited.
4. Job Position Advertising Requests
- You must complete and submit a Job Position Advertising Request (‘Advertising Request’) in order to submit a request for a Job Listing space on the Website.
- Troop Employment may reject or cancel any Advertising Request at any time at its sole discretion.
- By submitting an Advertising Request, you authorise Troop Employment to publish the Job Listing on the Website.
5. Job Listing Requirements and Standards
5.1 Troop Employment will only accept Job Listings that refer to genuine, paid employment opportunities in the hospitality industry within Australia. Troop Employment reserves the right to alter or edit Job Listings or request more information from you to ensure the Job Listing meets requirements.
5.2 You agree that you will not refer to third-party brands or businesses other than those associated with your business within any Job Listing or any Services, including communication with Jobseekers.
5.3 You agree that your Job Listing will not bring Troop Employment or any third party into disrepute.
5.4 You agree that any Job Listings you create and submit for publishing will adhere with any applicable legislation, regulations, bylaws, ordinances and codes of conduct, including but not limit to:
- The Privacy Act 1988 (Cth) and the Australian Privacy Principles; and
Human Rights and Equal Opportunity Commission Act 1986 (Cth); and
- Fair Trading Legislation;
- RCSA Code for Professional Practice; and
- The Competition and Consumer Act (Cth) including but not limited to s 31 of Schedule 2 which outlines your responsibility to not mislead persons seeking employment as to the availability, nature, terms or conditions of the employment, or any other matter relating to the employment
5.5 Once a Job Listing has been published by Troop Employment, it will remain valid for 30 days at which time it will expire and you will need to submit a new Job Listing Request.
6. Positioning and style and content of Job Listings
6.1 You acknowledge and agree that Troop Employment retains complete editorial control over the Website. Troop Employment may at its sole discretion:
- refuse to publish any Job Listing at any time;
- remove any Job Listing at any time
- position Job Listings as it sees fit.
7.1 You agree to pay Troop Employment a fee (the ‘Fees’) as described on the Employer Registration page (‘Registration Page’) on the Website. You agree that the Fees are payable regardless of whether you choose to create a Job Listing or not.
7.2 You can make payment of the Fee via Stripe (the ‘Payment Gateway Providers‘).
7.4 Following payment of the Fee being confirmed by Troop Employment, you will be issued with a receipt to confirm that the payment has been received and Troop Employment may record your purchase details for future use.
7.5 If the Services are provided by Troop Employment free of charge, the Terms still apply.
7.6 Unless otherwise stated, all amounts expressed and described on or in connection with this Agreement are listed in Australian Dollars (AUD) and are GST inclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, inclusive amounts.
7.7 Fees paid are non-refundable.
8. Jobseeker Data and Privacy
8.1 The Website and Services may give you access to Jobseeker ‘personal information’, as defined by the Privacy Act 1988 (Cth). You agree that personal information, including any enquiries of job applications, obtained through your use of the Services must only be used in genuine employment and/or recruitment activities within the Services.
8.2 For the sake of clarity, unless otherwise agreed by Troop Employment in writing, you may not under any circumstance utilise Jobseeker personal information (including enquiries and job applications) for the following:
- to offer any additional services or products, including courses and educational tools;
- to sell, give or provide to any other party, including to any affiliate or related party.
8.3 If Troop Employment believes you have misused Jobseeker personal information, it may, at its discretion, disable your account, report any potential contraventions of the Privacy Act 1988 (Cth) to the relevant government authorities and any other action it deems reasonable.
9. Copyright and Intellectual Property
9.1 The Website, the Services and all of the related products of Troop Employment are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Troop Employment or its contributors.
9.2 All trademarks, service marks and trade names are owned, registered and/or licensed by Troop Employment, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Jobseeker to:
- use the Website pursuant to the Terms;
- copy and store the Website and the material contained in the Website in your device’s cache memory; and
- print pages from the Website for your own personal and non-commercial use.
9.3 Troop Employment does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Troop Employment.
9.4 Troop Employment retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
- business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
- a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
- a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
9.5 to you.
9.6 You may not, without the prior written permission of Troop Employment and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
10.1 A party must not, without the prior written consent of the other, use or disclose the other party’s Confidential Information (‘Confidential Information’) unless expressly permitted by this Agreement or required to do so by law or any regulatory authority.
10.2 Confidential Information means all information provided by one party to the other in connection with this Agreement where such information is identified as confidential at the time of its disclosure or ought reasonably be considered confidential based on its content, nature or the manner of its disclosure, but excluding:
- information that enters the public domain or is disclosed to a party by a third party, other than through a breach of this Agreement; and
- information developed independently by a party.
10.3 A party may:
- use the Confidential Information of the other party solely for the purposes of complying with its obligations and exercising its rights under this Agreement; and
- disclose the Confidential Information to its personnel or advisers to the extent necessary for them to know the information for purposes related to this Agreement, but only if reasonable steps are taken to ensure that the confidentiality of the information is retained.
10.4 Each party must implement and maintain effective security measures to prevent unauthorised use and disclosure of the other party’s Confidential Information while it is in the receiving party’s possession or control.
10.5 Each party must return, or at the other party’s option destroy, all Confidential Information of the disclosing party in the receiving party’s possession or control, on the earlier of Troop Employment’s request or on termination of this Agreement for any reason.
11.1 You represent and warrant that:
- You are fully authorised to publish, and to authorise Troop Employment to publish, all Job Listings;
- the Job Listings; and the publication of the Job Listings on the Website does not and will not, at any time, infringe any Intellectual Property Right, any right of confidence or other right of any person;
- all Job Listings will comply with all applicable laws, regulations and relevant industry codes;
- all information contained in the Job Listing Advertisements is true and correct and correctly matches the job opportunity available;
- and each website located at any URL shown or embedded in any Job Listing Advertisements:
- is controlled and operated by or on behalf of you;
- is functional and accessible; and
- at all times operates in compliance with all applicable laws, regulations and relevant industry codes.
12. General Disclaimer
12.1 Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
12.2 You are solely responsible for any errors in any Job Listings that you create. Troop Employment accepts no responsibility or liability for errors in Job Listings.
12.3 Troop Employment does not screen or vet potential employees. Troop does not take any responsibility or liability to vet any Jobseeker, or any content or communication or representations made by Jobseekers to you.
12.4 You are solely responsible for entering into a valid, legal employment relationship between You and any employee/s You may engage with via the Website or Troop Employment’s Services. You acknowledge that Troop Employment is a platform only designed to facilitate connecting prospective employees and employers, and Troop Employment does not guarantee a contractual, legal relationship exists through communications between Employers and Jobseekers on the Website.
12.5 Should you choose to utilise Troop Employment’s Services to find an employee, you expressly agree that Troop Employment is not responsible or liable for the actions of any employee prior to, during or after your employment.
12.6 Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
- Troop Employment will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or the Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
12.7Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Troop Employment make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Troop Employment) referred to on the Website. includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
- costs incurred as a result of you using the Website, the Services or any of the products of Troop Employment; and
- changes to the Website made by Troop Employment, at its sole discretion;
- the Services or operation in respect to links which are provided for your convenience.
13. Information Disclaimer
13.1 Any information, advice, content or documentation provided through the Services, including in the associated blog, on the Website, social media accounts or on any other related platform do not constitute career, professional, financial, business or other advice, and are provided for general information and guidance purposes only.
13.2 All care is taken in the preparation of the information and published materials in the associated blog, on the Website, social media accounts or on any other related platform. Troop Employment does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.
13.3 To the extent permissible by law, Troop Employment will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation in the associated blog, on the Website, social media accounts or on any other related platform.
14.1 Troop Employment’s total liability arising out of or in connection with the Services or the Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
14.2 You expressly understand and agree that Troop Employment, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
15.1 You indemnify and hold Troop Employment its agents, affiliates, subsidiaries, directors, officers, employees, consultants and contractors (collectively ‘Indemnified Persons’) harmless from and against any and all costs, claims, losses, damages, liability and expense (including all reasonable legal fees) which may be made or brought against or suffered or incurred, directly or indirectly by the Indemnified Persons in connection with:
- any breach of this Agreement by you
- any act of fraud or wilful misconduct by or on your behalf; or
- the publication of, or any act or omission in relation to, Job Listings; or any website represented by a URL included or embedded in the Job Listings.
16. Storage and Retention of Applications
16.1 You expressly authorise Troop Employment to store and retain all applications made by Jobseekers to any Job Listings created by you.
18. Cancellation and Termination of this Agreement
18.1 This Agreement shall continue until terminated by either Party.
For Troop Employment
18.2 Troop Employment may terminate this Agreement and disable your Account for any breach of this Agreement by providing 7 days’ written notice to you by email. At Troop Employments’ discretion, Troop Employment may allow you to remedy the breach within 3 days’ notice, or another time-frame as Troop Employment nominates, and in being satisfied with the remedy of the breach by you, Troop Employment will not terminate this Agreement.
18.3You may terminate this Agreement for a breach by Troop Employment of this Agreement by providing 7 days’ written notice of the breach to Troop Employment. During the 7 days’ notice period, Troop Employment reserves the right to remedy the breach. If Troop Employment remedies the breach which was the cause of the notice, the Agreement will not be terminated.
18.4 You may cancel this Agreement at any time by closing your Account.
18.5 Any Fees paid are non-refundable upon Termination for whatever reason.
19. Dispute Resolution & Mediation
19.1 If a dispute arises out of or relates to the terms of this Agreement, either party may not commence any legal proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
19.2 A party to this Agreement claiming a dispute (the ‘Dispute‘) has arisen under the terms of this Agreement, must give written notice to the other party detailing the nature of the Dispute, the desired outcome and the action required to settle the Dispute (the ‘Notice‘).
19.3 On receipt of the Notice by the other party, the parties to this Agreement (the ‘Parties‘) must within seven days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.
19.4 If for any reason whatsoever, 21 days after the date of the Notice, the Dispute has not been resolved the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by Independent Third Party as agreed or his or her nominee and attend a mediation.
19.5 It is agreed that mediation will be held in Victoria, Australia.
19.6 The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing, undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation.
19.7 All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the fullest extent possible, must be treated as “without prejudice” negotiations.
19.8 If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either party may ask the mediator to terminate the mediation and the mediator must do so.
19.9In the event that the Dispute is not resolved at the conclusion of the mediation, either party may institute legal proceedings concerning the subject matter of the Dispute thereafter.
20. No partnership or agency
Nothing contained or implied in this Agreement will create or constitute, or be deemed to create or constitute, a partnership between the parties. A party must not act, represent or hold itself out as having authority to act as the agent of or in any way bind or commit the other parties to any obligation.
21. Venue and Jurisdiction
The Services offered by Troop Employment is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
22. Governing Law
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
23. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of the Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
25. Entire Agreement and Modifications
25.1 Both You and Troop Employment confirm and acknowledge that:
- This Agreement shall constitute the entire agreement between you and Troop Employment and shall supersede and override all previous communications, either oral or written, between the parties;
- No agreement or understanding varying or extending this Agreement shall be binding upon any party unless arising out of the specific provisions of this Agreement; and
- If for whatever reason there is inconsistency between this Agreement and any other agreement, this Agreement shall prevail.