Jobseeker Terms & Conditions
1. General Terms – Jobseekers
- Troop Employment offers you, as a Job Seeker (‘Jobseeker’), an opportunity to register for an Account (the ‘Account’) allowing you create an online profile, browse job vacancies and communicate with prospective Employers (the ‘Employers’) in the hospitality industry (the ‘Services).
- 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 Products or Services, is provided by Troop Employment.
- 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.
- 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. This Account includes creating a public profile to be viewed by prospective Employers.
2.2. As part of the registration process, or as part of your continued use of the Services, you are required to provide personal information about yourself (such as identification or contact details), including:
- Preferred Username
- Phone Number
- Employment experience
- Employment interests
- And other relevant employment 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 Employers that have registered to advertise job listings 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 Jobseeker on the Website (‘Jobseeker’) 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 a Jobseeker
3.1. As a Jobseeker, you expressly agree that you will not, through any means:
- deceive or mislead any Employer or provide them with misleading or false information about you or your work experience; or
- harm, harass, hassle or abuse any Employer or Jobseeker; or
- send un-welcomed communication such as spam to any Employer or Jobseeker; or
- act in an unlawful, abusive, defamatory, discriminatory or otherwise objectionable manner; or
- infringe the intellectual property or privacy rights of any Jobseeker, Employer or any third-party.
- infringe the intellectual property or privacy rights of any Jobseeker, Employer or any third-party.
3.2. Troop Employment, at its 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 disable your Account or deny you access to the Services at any time.
3.4. As a Jobseeker, 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 Jobseekers or Employers 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.
- you will use the Services only for purposes that are permitted by:
4. Copyright and Intellectual Property
4.1. 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.
4.2. 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.
4.3. 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.
4.4. 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),
4.5. to you.
4.6. 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.
6. Job Vacancy and Employer Disclaimer
6.1. You agree that Troop Employment gives no guarantee to you of the continued availability of any particular job advertised on the Site and will not be liable to you should an advertiser have filled the vacancy at any time prior to removal of the advertisement from the Site.
6.2. Troop Employment does not guarantee the validity of a job offer and cautions you to verify the validity of any job. You are solely responsible for verifying the accuracy of any Employer or job offer.
6.3. Should you choose to utilise Troop Employment’s Services to find employment, you expressly agree that Troop Employment is not responsible or liable for the actions of any Employer prior to, during or after your employment.
7. Third Party Services
8. General Disclaimer
8.1. 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.
8.2. 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 these 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.
8.3. Use 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
- the Services or operation in respect to links which are provided for your convenience.
9. Information Disclaimer
9.1. 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.
9.2. 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.
9.3. 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.
10. Limitation of liability
10.1. Troop Employment’s total liability arising out of or in connection with the Services or these 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.
10.2. 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.
11. Termination of Contract
11.1. The Terms will continue to apply until terminated by either you or by Troop Employment as set out below.
11.2. If you want to terminate the Terms, you may do so by closing your Account.
11.3. Troop Employment may at any time, terminate the Terms with you if:
- you have breached any provision of the Terms or intend to breach any provision;
- Troop Employment is required to do so by law;
- the provision of the Services to you by Troop Employment is, in the opinion of Troop Employment, no longer commercially viable.
11.4. Subject to local applicable laws, Troop Employment reserves the right to discontinue or cancel your Account at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Troop Employment’s name or reputation or violates the rights of those of another party.
12.1. You agree to indemnify Troop Employment, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
- any breach of the Terms.
13. Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute (‘Dispute‘) has arisen under the Terms, 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.
On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms (‘Parties‘) must:
- Within 21 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;
- If for any reason whatsoever, Troop Employment 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 the President of the Troop Employment or his or her nominee;
- 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;
- The mediation will be held in Victoria, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
13.5. Termination of Mediation:
If Troop Employment 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.
14. 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.
15. 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.
16. 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.
17. 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 these 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.
19. Entire Agreement and Modifications
19.1. 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.