Last updated: 19 March 2025
Terms and Conditions of Use of Online Tool
- Access and Use of Online Tool
- This Jobsbank client online tool (the “Tool”) is owned by (or licensed to) and operated by Jobsbank Limited (ABN 37 633 508 675) (“we” / “us” / “our”). Our registered office is at 179 Queen St, Melbourne, Victoria 3000, Australia.
- References to “you” in these terms include both you personally as an individual user of the Tool and also the organisation you represent and work for (“Your Organisation”). You (in your personal capacity) represent and warrant that you are authorised to bind Your Organisation to these Terms of Use.
- This Tool helps to assess your Organisation’s maturity in social procurement and workplace inclusion. It provides a questionnaire (the “Questionnaire”) for you to complete, for the purpose of this assessment, and delivers a report on such maturity from the responses you give (the “Report”).
- The following terms and conditions of use, notices, disclaimers and any other rules of use contained on or accessible through this Tool (together the “Terms of Use”) govern your access to and use of this Tool, the Questionnaire and any other information (including the Report), content, graphics, animation, videos and other materials made available on or through this Tool (together the “Content”). These Terms of Use are a legal agreement between you and us, and by using this Tool, you accept these Terms of Use and any changes to them that we may make from time to time. Where practicable, we will endeavour to use reasonable efforts in order to notify you of any changes we make to these Terms of Use. However, you should review these Terms of Use carefully prior to using this Tool and check periodically for any changes, especially if you are a returning User. If you do not agree with these Terms of Use, you are not authorised to use this Tool.
- Changes to these Terms of Use
- We reserve the right to change these Terms of Use at any time. The current version of the Terms of Use will be available on the landing page of our website from which you access the Tool, and will cancel and replace any previous version(s).
- By continuing to use this Tool after the posting of such changes, you agree to be bound by the changes.
- Our Privacy Policy
- Please review our Privacy Policy to understand how we manage your personal information. The Privacy Policy is located at https://jobsbank.org.au/privacy-policy/.
- By using this Tool, you indicate that you understand and consent to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy
- Required Information and Security
In order to access and use the services and Content from the Tool:- You may be required to provide personal information such as your name, your work email address, the name of your employer, the size of the company, and your role at that organisation.
- You agree to provide accurate, current and complete information as requested or directed on this Tool and to promptly update this information to maintain its accuracy, currency and completeness. We may suspend or terminate your registration and/or your use of this Tool, if we suspect that such information is inaccurate or incomplete.
- You are responsible for third parties who use your identity (unless and to the extent that we are at fault).
- Tool Content and Licence Rights
- All trademarks, logos, Content (including the structure and layout of the Tool, the Questionnaire and the Report) used in, appearing on or generated by this Tool, are our intellectual property (or licensed to us, in the case of underlying software).
- We grant you a non-exclusive, non-transferable, non-sublicensable, limited right to access and use this Tool, view the Content on your screen (but not take screenshots) and download the Report solely for your own internal business purposes. Unless with our prior written consent, you are strictly prohibited from:
- sublicensing, modifying, copying (including by way of screenshots), publishing, distributing, extracting information from, or creating derivative works based on, the Content (including the Report);
- downloading Content other than the Report;
- sharing, transferring, or allowing any third party (including your consultants or contractors) to access or use, the Tool or its Content (including the Report) for any purpose, including your internal business purposes;
- using the Content, the Tool’s features, or any ideas (such as the logic-mapping) within it to design, develop, or build a competitive product or service, or to create a product with similar ideas or features; and
- reverse engineering any Content, including any software delivering the Tool’s functionality (unless permitted by applicable law).
- You grant us a worldwide, irrevocable, perpetual, royalty-free, non-exclusive, and sub-licensable right and licence to use, modify and create derivative works from the information, material or content that you input to the Tool (“User Content”), including in responding to the Questionnaire, for our business purposes (subject to our confidentiality obligations under clause 7 ).
- Acceptable use and Intellectual Property Rights
You agree not to use this Tool to upload, post, e-mail, share or otherwise transmit any:- information, material or content of whatever kind or form that:
- is unlawful, harmful, threatening, abusive, harassing, defamatory, offensive or discriminatory;
- infringes any intellectual property rights (or other rights) of any person; or
- contains software viruses or any other malware designed to interrupt, damage, destroy or limit the functionality of any computer software, hardware or system; or
- unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation.
- As a condition of your use of this Tool, you acknowledge and agree that you will not:
- impersonate any person or entity, including an authorised officer of us;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted on or through this Tool;
- interfere with, damage, disable, overburden or otherwise disrupt this Tool, or infrastructure used by this Tool or interfere with any other person’s use of this Tool or its associated services;
- use this Tool or any Content for any purpose that is unlawful or prohibited by these Terms of Use;
- obtain or attempt to obtain any Content through any means not intentionally made available or provided through this Tool;
- use any robot, spider, other automatic device, or manual process to monitor or copy web pages from this Tool or any Content; or
- "stalk" or otherwise harass, threaten or intimidate any person.
- Prior to you uploading, posting, e-mailing, sharing or otherwise transmitting any User Content on or through or of this Tool, you must obtain all necessary permissions from any individuals identified in (or identifiable from) the User Content.
- The supply, maintenance and cost of any equipment and services required by you to access this Tool is your responsibility.
- information, material or content of whatever kind or form that:
- Confidentiality
- In this clause, "Confidential Information" includes all materials, data, documents, designs, plans, ideas (including logic mapping), and any other content (including the Tool’s Content and User Content) provided by you or us, whether marked as confidential or not, that is related to our respective business operations (including product and service offerings), and any other proprietary information shared in connection with your use of the Tool.
- Neither of us may disclose, distribute, copy, modify, or use any Confidential Information of the other for any purposes other than:
- in respect of us, as recipient of Confidential Information, operating and maintaining the Tool, and providing the Report and any agreed follow-up services to you; and
- in respect of you as recipient of Confidential Information, for your internal business purposes subject to clauses 5.2 and 6.
- Each of us must ensure that:
- Confidential Information of the other is only shared with personnel on a need to know basis;
- any person to whom Confidential Information is disclosed is contractually bound to treat the information as confidential; and
- reasonable measures are implemented and maintained to protect the confidentiality and integrity of the other’s Confidential Information (including to prevent unauthorised use or disclosure).
- Failure by you to comply with this confidentiality provision may result in termination of your access to the Tool and could lead to legal action for the unauthorised disclosure or use of proprietary content.
- Third Party Websites
- This Tool may contain links or feeds to, or frame, other websites owned, controlled or operated in whole or in part by third parties ("Third Party Websites"). These are provided solely for your convenience and information. We do not control the content of Third Party Websites, and do not examine their content or have any influence on their content or other characteristics. You acknowledge and agree that any access to, and use you make of, them is entirely at your own risk.
- Neither:
- our provision of a link or feed to a Third Party Website; nor
- reference on this Tool to the products and services of the operator of such a site, implies any endorsement, recommendation, authorisation or sponsorship by us of that site, its operator or the products and services offered through it, nor does it imply that we are affiliated with the third party operator.
- Disclaimer
- While we take reasonable steps to ensure that the Content is free from errors or omissions and is suitable for your intended use, we do not represent or warrant the accuracy, adequacy or completeness of the Content (or any Third Party Websites), or that this Tool, the Content or any Third Party Websites will be available, uninterrupted, timely, secure, fit for your intended purposes, non-infringing or error-free.
- We use up to date technology in an attempt to eliminate any computer virus infecting this Tool. However, we do not guarantee or warrant that this Tool, the Content, the servers on which it operates, or any Third Party Website, will be free from viruses, worms, “Trojan horses,” or other destructive materials. We are not responsible or liable for any damages or harm attributable to such features.
- Subject to any terms implied by law and which cannot be excluded, will we not be responsible or liable to you or anyone else (including for negligence) for any loss, damage, cost or expense arising out of your use, or inability to use, this Tool, the Content or any Third Party Websites. You acknowledge and agree that your use of this Tool, the Content or any Third Party Websites is at your own risk. We cannot guarantee and we do not promise any specific results from use of this Tool, the Content or any Third Party Websites.Our liability for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at our option, to:
- the supply of the goods or services;
- the repair of the goods; or
- the payment of the cost of having the goods or services supplied again or repaired.
- Modifications to this Tool
- We may at any time modify, discontinue, temporarily suspend or permanently remove this Tool or the Content (or any part thereof), or your access to this Tool. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance under this clause.
- Clauses 3 , 5 , 7 , 9 , 11 , 12 and this clause 10.2 survive any action under clause 10.1.
- Jurisdiction
- These Terms of Use are governed by and are to be construed according to the laws applicable in the State of Victoria, Australia and each party submits to the exclusive jurisdiction of the courts of that state and appeal courts from them.
- General
- We may assign or novate these Terms of Use in whole or part to any person and you consent to our doing so.
- Any notice under these Terms of Use must be given in writing by email and will be deemed received on the business day it is sent (or the following business day if it does not fall on a business day or is received after 5pm on a business day), provided that the sender does not receive a notice of a delivery failure or that the recipient is ‘out of office’.Notwithstanding the foregoing, we may also give notice in relation to any modification to these Terms of Use, or in relation to the Tool and the Content by posting it on the landing page of our website from which the Tool is accessed by you.
- If any provision of these Terms of Use is deemed invalid, then that provision will be limited or removed to the minimum extent necessary, and the remaining provisions of these Terms of Use will remain in full force and effect.
- Any failure by either party to exercise or enforce any right or provision of these Terms of Use does not mean this is a “waiver” (i.e. that it cannot be enforced later).
- In these Terms of Use, unless the context otherwise requires: (i) headings are for ease of reference only and do not affect meaning; (ii) a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of these Terms of Use; (iii) a reference to the word ‘including’ or ‘includes’ or any similar word of inclusion or example is to be construed without limitation to the preceding words; and (iv) a reference to the plural includes the singular and vice versa.
