INTRODUCTION

The institution The University of Sydney (“Institution”) has authorised you (the “Employer”, “you”, “your”) to access this website (the “Service”) for the purpose of posting relevant, suitable and accurate vacancies to this Institution’s careers platform (the “Career Centre”). This Service is provided by Access UK Limited trading as Access – a company incorporated and registered in England with company number 02343760, and with registered office at Armstrong Building Oakwood Drive, Loughborough University Science & Enterprise Park, Loughborough, England, LE11 3QF ("we", "us" or "our").

Registered students and graduates develop their employability on the Institution’s Career Centre and can discover companies that are recruiting and apply to any posted job vacancies. This Service allows you, as an Employer, to publish job vacancies and to create a company profile on the Career Centre.

Depending on the situation, your use of the Service, and any company profile and job vacancies you add, will either be posted to this Institution’s Career Centre or, if You are a Career Centre customer of ours, distributed to all our institutions’ Career Centres. By registering with an Institution, you will be appointed as an Employer of the Institution. In all cases, the Employer Terms of Use will apply to your use of the Service, in addition to any applicable terms which you and/or your Institution is subject to.

ACCEPTANCE OF TERMS

These Employer Terms of Use, including the documents referred to in these terms (together, "Terms"), govern your use of the Service provided via or in connection with this website and the tools/resources and/or content provided via or in connection with this website ("Service(s)").

Please read these Terms carefully before you start to use the Service, as these will apply to your use of the Service. We recommend that you print a copy of this for future reference.

By using the Service, you confirm that you accept these Terms and that you agree to comply with them and acknowledge that you have all the necessary powers and authorisation to lawfully represent the company (as entered onto the registration form) and to approve all the information you submit via the Service concerning the company, including but not limited to the company's profile details / description / job vacancies. If you do not agree to these Terms, you must not use the Service.

We may amend these Terms from time to time. Please check the Terms from time to time to take notice of any changes, as they are binding on you.

1. ACCOUNT DETAILS

You are responsible for maintaining the confidentiality and security of your account information, including your email address and password. You must not disclose it to any third party. When creating your account we advise that you use a professional e-mail address assigned by your company.

You agree to take all reasonable steps to ensure the ongoing security and confidentiality of your account information and to notify us immediately if you suspect or become aware of any misuse of the same. You shall be responsible for any actions carried out by any person using your account details.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify your Institution and they will need to immediately notify us.

2. USAGE

For the purposes of these Terms the information you enter ("Content") includes, but is not limited to, all or part of any text, layout, URLs/website links or logos provided by you as part of your registration, company profile or advertisement of a job.

The Content and your use of the Service must:

- comply with all applicable laws;

- not impersonate another person or organisation or use a false name or email address;

- not make any misrepresentations about your company and its’ business purpose(s);

- not use the Service with the intent to seek details of individuals when you do not have a job vacancy that you are actively seeking to fill;

- not use the Service with the intent to compile a database of potential employees that you or any third party may exploit for any commercial purpose (whether or not for profit);

- not impede access to and/or hamper the correct operation of the Service;

- not publish commercial or promotional information, except with our prior authorisation in writing, and except for information that describes your company in the company profile you have created;

- not post, transmit, submit, refer to, make available or link to or from any material which in our opinion:

• is untrue, fraudulent, inaccurate or incomplete; and/or
• directly or indirectly discriminates on grounds of age, disability, gender reassignment, marriage or civil partnership, pregnancy or maternity, race, religion or belief, sex, sexual orientation or nationality; and/or
• is pornographic, relates to child sexual abuse material, denies or minimises a recognised genocide or other atrocity, or otherwise violates human dignity; and/or
• incites violence, suicide, terrorism or the use, manufacture or distribution of illegal substances, or incites or defends any crime or offence, particularly crimes against humanity; and/or
• constitutes advertising for anything other than a position of employment;

For the avoidance of doubt, this list is not exhaustive.

You must make clear the nature of the work offered and specify any necessary skills required and other terms.

We do not guarantee that the Services will always be available or be uninterrupted. Access is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of the Service without notice. We will not be liable to you if for any reason the Services is unavailable at any time or for any period.

To be able to use this Service you need to have a valid account. Your right to access and use this Service shall automatically terminate when your account with the Institution terminates for any reason, or if our agreement with the Institution terminates for any reason.

You must not use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Service.

You assume sole responsibility for your use of the Service. You are solely responsible for any decisions or actions you take based on the information available through the Service.

Some Institutions charge certain companies (e.g. recruitment agencies) to post certain vacancy adverts. Collection and gathering of such payments are outside the scope of this website. You will be contacted by the Institution if payment is required.

Some Institutions require that recruitment agencies inform them of the client name for every vacancy and sometimes make this publicly available as part of the vacancy details.

By using the Service you automatically grant us a royalty free, worldwide, perpetual and non-exclusive licence to use, copy, distribute, publish, syndicate, sub-license, transmit, display, edit, make available on the Service and the Career Centre and otherwise deal with as necessary the whole or any part of any Content which you may provide to us through your use of the Service. Specifically you agree to our sharing of Content with the Institution or institutions and they may contact you as part of this process.

You warrant that the Content you submit through your use of the Service: (a) complies with the requirements set out in Clause 2 above; (b) is not in breach of confidence; and (c) does not otherwise breach or violate any applicable law, regulation or code.

You warrant that where you use the Service to submit Content or otherwise act on behalf of an agency or other third party, you are expressly authorised to do so and you acknowledge that you are primarily liable for such Content and otherwise for ensuring compliance with these Terms.

You agree that we may (at our discretion) disclose your identity to any third party who is claiming that any Content sent by you to the Service is defamatory, is in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright), in breach of any of the warranties set out above or otherwise is in breach of or violates any applicable law or regulation or code.

You are solely responsible for verifying the information contained in any responses you may receive as a result of your job being advertised by the Service and for the suitability of any employee you recruit as a result.

3. TERMINATION, SUSPENSION AND REMOVAL OF CONTENT

Access to the Service may be suspended or terminated for you temporarily or permanently at any time. You also have the right to terminate your use of the Service at any time via My Profile page. We may also terminate these Terms immediately if you are in breach of any provisions of these Terms. Upon any termination, the rights and licenses granted to you herein shall terminate and you must cease all use of the Service.

We may also need to suspend or prohibit access to the Service from time to time for maintenance and other necessary works and in doing so we shall endeavour to keep any downtime to a minimum and, wherever practicable, confine it to unsocial hours.

You are responsible for making all arrangements necessary for you to have access to the Service.

At its sole discretion, and without liability, We or the Institution reserve the right not to process Content that may be:
- liable to bring us or the Institution into disrepute
- unsuitable for students and graduates,
- do not comply with any of the terms, warranties or conditions set out in these Terms

If you use the Service to post vacancies, we or the Institution also reserve the right to at our sole discretion and without liability:
- refuse to display the vacancy
- display the vacancy for different dates than requested
- modify the details of the vacancy
- ignore the vacancy.

4. GENERAL

The Service is provided on an 'as is' and 'as available' basis. We do not guarantee that you will receive any responses to job adverts posted for positions of employment or otherwise, and if you do receive responses then these communications are at your own risk and solely your responsibility. In addition, we accept no liability or responsibility for the suitability of any candidate who responds to a vacancy or who is engaged by the Employer.

Although we represent and warrant that we have the right and authority to make the Service available for your use, we provide no other warranty in respect of the Service. We hereby exclude, the greatest extent permitted under law, all and any warranties as to the availability, quality or fitness for purpose of the Service or the completeness, accuracy or currency of any information or data provided in connection with the Service.

5. OTHER APPLICABLE TERMS

These Terms refer to the following additional terms, which also apply to your use of the Services:
(a) Where you have registered as an Employer of an Institution, your Institution's own privacy notice applies to the personal data we process about you in connection with the Service, which we do on the Institution's behalf.
(b) Where you have registered directly with us, our Privacy Policy (https://authoring.theaccessgroup.com/en-gb/privacy-notice/ ) applies to you. That notice explains how we process your personal data as data controller, including that your company profile and job vacancy details may be distributed across all institutions' Career Centres that use the Service.
(c) Our Cookie Policy (https://authoring.theaccessgroup.com/en-gb/cookies/) , which sets out information about the cookies on this Service.

6. HANDLING OF APPLICANT DATA

(a) Where you view, receive, or otherwise access an End User's personal data via the Service, including as part of a job application (“Applicant Data”), you shall:
(i) only use Applicant Data to assess that End User's suitability for the vacancy applied for;
(ii) not further disclose, sell, or transfer Applicant Data to any third party, except as strictly necessary for that recruitment purpose and in line with applicable data protection law;
(iii) retain Applicant Data only as long as necessary for that recruitment purpose, then securely delete or anonymise it;
(iv) comply with all applicable data protection laws for your own processing of Applicant Data, including appropriate security measures; and
(v) act as an independent data controller for your own processing of Applicant Data, including for any notices or consents required of you.

(b) We and the Institution accept no responsibility for your use of Applicant Data once it is made available to you via the Service.

7. GENERAL LEGAL TERMS (NON-DIRECT-CUSTOMER EMPLOYERS ONLY)

This Clause 8 applies only where, at the relevant time, you are not a party to a separate written agreement directly with us governing your use of the Career Centre (for example, an Order, Framework Agreement or other direct commercial agreement) (“Direct Agreement”). Where you are a party to a Direct Agreement, the terms of that Direct Agreement (and not this Clause 8) shall govern in relation to the matters set out below, and nothing in this Clause 8 is intended to vary, supplement or override the terms of your Direct Agreement.

(a) Intellectual property. We (or our licensors, where applicable) own all trade marks, copyright, database rights and other intellectual property rights of any nature in the Service and the Career Centre platform and all underlying software, together with all developments, improvements, upgrades or enhancements to each of them. All such rights are reserved. Except as required by applicable law, you will not, and will not allow any third party on your behalf to, copy, reproduce, distribute, alter, modify, reverse engineer, disassemble, decompile, or create derivative works of the Service or the Career Centre platform, or attempt to do any of the foregoing.

(b) Limitation of liability.
(i) If we fail to comply with these Terms, subject to paragraph (iii) below, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen, or if, at the time you accepted these Terms, both we and you knew it might happen.
(ii) We will in no event be liable to you for: (A) any loss of profits, business, business opportunities, revenue, turnover, reputation or goodwill, in each case whether direct or indirect; (B) loss of anticipated savings or wasted expenditure, whether direct or indirect; or (C) any indirect, consequential or special loss. Subject to paragraph (iii) below, our total aggregate liability to you for any other loss or damage arising out of or in connection with these Terms or your use of the Service, whether arising in contract, tort (including negligence) or otherwise, shall not exceed £100.
(iii) Nothing in these Terms shall exclude or limit our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation, or for any other liability which cannot be excluded or limited under applicable law.

(c) Force majeure. If our provision of the Service is delayed by an event outside our control, we will contact you as soon as reasonably possible to let you know and will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to terminate your use of the Service.

(d) Assignment. You may only transfer your rights or obligations under these Terms to another person if we agree in writing.

(e) Third party rights. These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms, except as expressly set out in these Terms.

(f) Severability. Each of the provisions of these Terms operates separately. If any court or competent authority decides that any provision is illegal, invalid or unenforceable, the other provisions will remain in full force and effect, and the illegal, invalid or unenforceable provision will be replaced with a valid and enforceable provision which achieves to the greatest extent possible the same effect as would have been achieved by that provision.

(g) Entire agreement. These Terms (together with the documents referred to in them) constitute the entire agreement between you and us in relation to your use of the Service as an Employer, and supersede any prior agreements, representations or understandings between you and us relating to that subject matter.

(h) Governing law and jurisdiction. Except to the extent applicable law provides otherwise, these Terms are governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law rules, and the courts of England and Wales shall have exclusive jurisdiction over any dispute that may arise between you and us in relation to these Terms or the Service.