Terms & Conditions

Terms and Conditions of Use – Prospective Employees

The Website offers Candidates a free platform to apply for jobs online. By accessing the Website, you agree to be bound by these Terms. Extend Oz may modify these Terms at any time.

Website Use

  1. You acknowledge and agree that:
    • you are at least 16 years of age;
    • you have the lawful right to work in Australia;
    • you will provide Extend Oz and an Employer, upon request, sufficient evidence to establish your right to lawfully work in Australia;
    • you will immediately notify the Employer of any circumstance that may prejudice your lawful right to work in Australia at any time during your employment;
    • information you provide through the Website is truthful and accurate in all respects;
    • it is a condition of your use of the Website and any services provided through the Website that you will not engage in any conduct that is unlawful, misleading or deceptive;
    • you are not in breach of any contract with any other person or obligation or duty owed to any other person which could impact upon your ability to satisfactorily perform work for the Employer;
    • you will fully disclose to the Employer, details of anything which could affect your ability to satisfactorily perform work for the Employer;
    • you will advise the Employer of any pre-existing medical condition which may:
      • impede your ability to safely perform the inherent requirement of an advertised job; or
      • be aggravated by the type of employment contemplated by the job you apply for;
    • Extend Oz retains complete editorial control over the Website and may alter, amend or cease the operation of the Website at any time in its absolute discretion;
    • the Website will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes);
    • as the Website contains links to other websites and content added by others, we do not endorse, sponsor or approve any such user generated content or any content available on any linked website;
    • you will not use the Website for any unauthorised purpose, including to:
      • cause damage or impair the performance, availability or accessibility of the Website;
      • take any action which is unlawful, illegal, fraudulent or harmful or connected to an action of this kind;
      • copy, store, host, transmit, send, use, publish or distribute any material consisting or linked to spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
      • conduct data collection or data mining activities on or in relation to the Website without Extend Oz’s written consent;
      • establish or facilitate any direct marketing activity; or
      • contact any person or entity on the Website in a way that is designed to offend, insult, humiliate, intimidate, harass, threaten or pester.

Online Application

  1. To apply for a job advertised on the Website you must answer various mandatory fields (for example, your first and last name, telephone number and email) truthfully and completely.
  2. Extend Oz recommends that prior to entering into any agreement with its Advertisers on the Website, you obtain your own independent legal, accounting, taxation, immigration and financial advice, as appropriate.
  3. By making an online application, you acknowledge, agree and consent to information you provide to Extend Oz being passed on to Advertisers for the purpose of ascertaining your suitability for employment.
  4. Extend Oz may use the information you provide it to deliver its services and to notify you of any news or promotional offer relating to the Website. You can unsubscribe from these notifications at anytime.
  5. To the extent Extend Oz is required at law to comply with the Privacy Act 1988, it will endeavour to do so.

Reviews

  1. If you obtain a job with an Advertiser by Extend Oz, you may review the Advertiser on our Website.
  2. You acknowledge and agree that the views and opinions expressed in reviews on the Website are those of the individual author.
  3. Extend Oz disclaims all liability from any view expressed in a review on the Website and recommends users seek independent professional advice prior to relying on, or entering into any commitment based on, these views.
  4. Extend Oz may remove a review at its sole discretion.

Disclaimer

  1. Extend Oz, its directors, employees, agents, representatives, and third party contributors:
    • exclude all statutory guarantees and/or implied terms and warranties to the maximum legal extent, including the following guarantees and/or warranties:
      • that information published on the Website is accurate or complete;
      • that any job advertised on the Website represents an actual job vacancy;
      • that the services on the Website will be uninterrupted, error-free or that defects will be corrected; and
      • that any files available for downloading through the Website or delivered by email will be free of infection or viruses or other code with destructive properties; and
    • are not liable to you under these Terms or in relation to your use of the Website for any:
      • losses of an indirect or consequential nature; or
      • loss of earnings, reputation, anticipated savings, opportunities or loss in connection with another contract.
  1. Nothing in these Terms will exclude, restrict or modify the application of any legislation, including any statutory guarantee, which by law cannot be excluded, restricted or modified.
  2. Anything in these Terms that purports to exclude or limit a term, warranty, statutory guarantee or pre-contractual statement shall apply to the maximum extent permitted by law.

Indemnity

  1. If you breach any of these Terms, you will be liable to indemnify Extend Oz against all costs, charges and expenses incurred by Extend Oz as a consequence of that breach, including but not limited to all legal costs, charges and expenses incurred and calculated on an indemnity basis.

Other Covenants

  1. The failure or delay by Extend Oz to exercise a power or right conferred by these Terms does not operate as a waiver of it. The exercise of a power or right does not preclude its exercise in the future or the exercise of any other power or right.
  2. Any provision of these Terms that, by its nature, is intended to survive termination of these Terms will continue to operate after the supplier/customer relationship of the parties is terminated.
  3. If any provision of these Terms is found to be invalid or unenforceable then it is deemed to be severed and the remainder of these Terms will remain valid and enforceable.
  4. The laws in force in the State of Queensland govern these Terms and the parties submit to the nonexclusive jurisdiction of the Courts of that State and Courts able to hear appeals from them.

Definitions

  1. In these Terms:
    • Advertiser means an Australian employer who is a Member of Extend Oz and advertises a job vacancy on the Website;
    • Candidates are referred to generically in these Terms as “users” or “you”, unless the context provides otherwise;
    • Employer means the Advertiser that you enter into an employment relationship with;
    • Extend Oz means Folivo Pty Ltd ACN 621 925 031 and includes its directors, employees, agents, representatives, and third party contributors;
    • Intellectual Property means all present and future intellectual and industrial property rights conferred by statute, at common law or in equity, including patents, designs, copyright, rights in images, trade marks, know-how, brand names, domain names, inventions, moral rights, product names, trade secrets, the benefit of any obligation of confidentiality whether or not registered or capable of registration and including any application or right to apply for registration of any of those rights and all renewals and extensions of these rights;
    • Terms means these Terms & Conditions, as amended from time to time; and
    • Website means the Extend Oz website located at www.extendoz.com.au.

Interpretation

  1. In these Terms, unless the context otherwise requires:
    • a reference to:
      • one gender includes the other genders;
      • the singular includes the plural and the plural includes the singular;
      • a person includes a natural person, partnership, body corporate, joint venture, association, government, authority, agency or other entity;
      • a party includes that party's executors, administrators, successors and permitted assigns;
      • a document is to that document as amended, novated or replaced from time to time;
      • money is to Australian dollars, unless otherwise stated;
      • “including" and similar expressions are not words of limitation;
      • a statute, regulation or provision of a statute or regulation ("Statutory Provision") includes:
        • that Statutory Provision as amended or re-enacted from time to time; and
        • a statute, regulation or provision enacted in replacement of that Statutory Provision, or if relevant, the predecessor to that statute, regulation or provision;
      • where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning;
      • a provision of these Terms must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of these Terms or the inclusion of the provision in the Terms;
      • if an act must be done on a specified day which is not a Business Day, it must be done instead on the next Business Day;
      • if a party consists of more than one person, the Terms bind them jointly and each of them severally;
      • headings are for convenience only and do not affect the interpretation or form part of these Terms;
      • words defined in the GST Law have the same meaning in these Terms; and
      • any party which is a trustee is bound in its capacity as a trustee and personally.

 

Membership Terms and Conditions (For Employers)

Contractual arrangement

  1. These Terms:
    • form a contract between Extend Oz and the Member; and
    • can only be varied by written agreement between the Member and Extend Oz.
  2. In consideration of the Member paying the fee and complying with its obligations to Extend Oz, including those set out in these Terms, Extend Oz agrees to provide the Member with the Membership Benefits.
  3. These Terms comprise the entire agreement between Extend Oz and the Member in relation to membership with Extend Oz and supersede any prior agreement.

Membership Fees

  1. A new Member must pay the relevant fee for the Membership Benefits on becoming a Member and if or when the Member upgrades its Package, depending on the Package selected.
  2. The fee for the Premium Package may include a third party payroll processing fee.
  3. Payment of the fee must be made in cleared funds in full, without any deduction or set-off.
  4. Extend Oz will issue a Tax Invoice to the Member after completing the processing, renewal or upgrade of the membership.
  5. If a Member fails to pay the fee when due, the Membership Benefits for the Member will be suspended or terminated.
  6. In addition to the fee, the Member must pay and indemnifies Extend Oz against all applicable taxes (including GST), duties and surcharges (including credit card surcharges) relating to the fee.
  7. Extend Oz does not provide refunds on fees.

GST

  1. It is agreed that all amounts agreed to be paid under or in connection with these Terms are exclusive of GST, unless otherwise specified.
  2. If GST is levied or imposed on or in respect of any supply under or in connection with these Terms, then the amount payable for that supply is increased by the applicable rate of GST.
  3. Payment of the GST must be made at the same time and in the same manner as the payment is required under or in connection with these Terms.
  4. In relation to each taxable supply made by Extend Oz under or in connection with these Terms, Extend Oz must provide the recipient a Tax Invoice in the form required by the GST Law.

Member warranties

  1. The Member warrants that all information provided by the Member to Extend Oz for the purposes of Extend Oz providing the Membership Benefits is true and correct.

Members Only Portal

  1. Only a Member may access the Members Only Portal on the Website and submit job advertisements for Extend Oz to display on the Website.
  2. The Member acknowledges and agrees that Extend Oz may reproduce, change and communicate the content of the job advertisement to the public via the Website.
  3. Extend Oz only provides membership to reputable businesses who are best practice employers. As such, the Member warrants that:
    • any job advertisement it submits will be complete, current and include an accurate description of the available job;
    • it will comply with all laws and industrial instruments which apply to the workers engaged through Extend Oz for the job advertised on the Website;
    • it be truthful in all dealings with Extend Oz.
  4. The login details issued to a Member in relation to the Member Only Portal must be kept confidential.
  5. The Member will be responsible for ensuring their login details are safely and securely stored and not shared with any other person.
  6. The Members Only Portal may only be used by a Member who is not in default of its obligations to Extend Oz.
  7. A Member whose membership with Extend Oz ends for any reason, must immediately on termination of membership:
    • cease use of the Members Only Portal; and
    • refrain from using and copying any content from the Members Only Portal.
  8. Information in the Members Only Portal and on the Website may be updated, amended and withdrawn from time to time in Extend Oz’s absolute discretion.

Intellectual Property

  1. The Member acknowledges and agrees:
    • Extend Oz owns or has a licence to use all Intellectual Property in the Members Only Portal and on the Website; and
    • while the Member is a Member of Extend Oz and not in default of it obligations to Extend Oz under these Terms, the Member is granted a non-exclusive licence to use the Members Only Portal for the purpose permitted by Extend Oz and no other purpose.

Reviews

  1. The Member irrevocably authorises and consents to a process whereby its current and past employees may leave a review on the Website which may be positive or negative (depending on the individual experience).
  2. Extend Oz may in its absolute discretion remove a review from its website.

Collection and use of information

  1. Information, including personal information, provided to Extend Oz by a Member may be kept and used by Extend Oz in relation to its services.
  2. The Member consents to the collection and use by Extend Oz of the Member’s personal information to provide its services.
  3. The Member warrants to Extend Oz that it obtained consent from each individual whose details are set out in the Application, to the provision of the details to Extend Oz, including any personal information contained in the Application.
  4. To the extent Extend Oz is required at law to comply with the Privacy Act 1988, it will endeavour to do so.

Disclaimer

  1. Extend Oz, its directors, employees, agents, representatives, and third party contributors:
    • exclude all statutory guarantees and/or implied terms and warranties to the maximum legal extent; and
    • are not liable to a Member under these Terms for any:
      • losses of an indirect or consequential nature; or
      • loss of profit, sales, turnover, reputation, goodwill, anticipated savings, opportunities or loss in connection with another contract.
  1. Nothing in these Terms will exclude, restrict or modify the application of any legislation, including any statutory guarantee, which by law cannot be excluded, restricted or modified.
  2. Anything in these Terms that purports to exclude or limit a term, warranty, statutory guarantee or pre-contractual statement shall apply to the maximum extent permitted by law.

Indemnity

  1. A Member is liable for and indemnifies Extend Oz against any claim, cost, loss, liability and expense incurred or suffered by Extend Oz in relation to the unauthorised access to and use of the Portal with the Member’s allocated login details.
  2. If the Member breaches any of these Terms, it will be liable to and indemnify Extend Oz against all costs, charges, losses and expenses incurred by Extend Oz as a consequence of that breach, including but not limited to all legal costs, charges and expenses incurred and calculated on a solicitor/own client basis.

Suspension or Termination

  1. A Member may cancel its membership at any time by giving Extend Oz notice.
  2. Extend Oz may cease providing Membership Benefits to the Member at any time.
  3. Without prejudice to any of its other rights, Extend Oz may suspend the provision of Membership Benefits or terminate these Terms by written notice to the Member if the Member:
    • defaults on any payment under these Terms;
    • fails to comply with these Terms;
    • breaches a warranty in these Terms;
    • is reasonably suspected by Extend Oz to be breaching Australian employment law obligations;
    • being a natural persons commits an act of bankruptcy;
    • being a corporation, is subject to:
      • a petition being presented, an order being made or a meeting being called to consider a resolution for the Member to be wound up, deregistered or dissolved;
      • a receiver, receiver and manager, administrator or liquidator under the Corporations Act 2001 being appointed to all or any part of the Member’s property and undertaking;
      • the entering of a scheme of arrangement (other than for the purpose of restructuring);
      • any assignment for the benefit of creditors; or
      • fails to comply with or set aside a creditor’s statutory demand when required.

Notices

  1. Any notice from one party to the other will be effective if provided via the Website, served personally, by fax, email or pre-paid post to the registered office of a party or its last known place of business. The notice will be deemed to have been received within 2 business days of posting or immediately if served personally or by Website, fax or email.

Other Covenants

  1. Extend Oz may at any time after giving at least fourteen (14) days notice in writing to the Member vary these Terms, unless otherwise specified in the Terms.
  2. A party's failure or delay to exercise a power or right does not operate as a waiver of it. The exercise of a power or right does not preclude its exercise in the future or the exercise of any other power or right.
  3. Any provision of these Terms that, by its nature, is intended to survive termination of these Terms will continue to operate after the supplier/customer relationship of the parties is terminated.
  4. If any provision of these Terms is found to be invalid or unenforceable then it is deemed to be severed and the remainder of these Terms will remain valid and enforceable.
  5. The Member may not assign the benefit of these Terms.
  6. Unless otherwise agreed in writing Extend Oz and the Member acknowledge that these Terms constitute the entire agreement in relation to its subject matter. All representations, communications, and prior agreements are superseded by these Terms.
  7. The laws in force in the State of Queensland govern these Terms and the parties submit to the nonexclusive jurisdiction of the Courts of that State and Courts able to hear appeals from them.

Definitions

  1. In these Terms:
    • Application means the online application to become a Member of the Website;
    • Business Day means a day, other than a Saturday, Sunday or public holiday in Melbourne;
    • Extend Oz means Folivo Pty Ltd ACN 621 925 031 and, where applicable, includes its directors, employees, agents, representatives, and third party contributors;
    • GST means the goods and services tax under the GST Law;
    • GST Law means A New Tax System (Goods and Services Tax) Act 1999 and includes other GST related legislation;
    • Intellectual Property means all present and future intellectual and industrial property rights conferred by statute, at common law or in equity, including patents, designs, copyright, rights in images, trade marks, know-how, brand names, domain names, inventions, moral rights, product names, trade secrets, the benefit of any obligation of confidentiality whether or not registered or capable of membership and including any application or right to apply for membership of any of those rights and all renewals and extensions of these rights;
    • Member means a person who:
      • completes the application process with Extend Oz;
      • pays the fee to Extend Oz; and
      • is accepted by Extend Oz as a Member;
    • Membership Benefits means any services and any material provided by Extend Oz to the Member pursuant to the Member’s Package, which is summarised on the Website and is subject to change by Extend Oz from time to time;
    • Membership Fee means the fee for each Package, as notified by Extend Oz on the Website from time to time;
    • Member Only Portal means the job application and applicant tracking system, information, onboarding service, payroll services and reference material provided by Extend Oz to its Members on the Website;
    • Package means the package selected by the Member, being either:
      • Basic; or
    • Tax Invoice means an invoice issued by Extend Oz to the Member for the Membership Fee;
    • Terms means these membership Terms & Conditions, as amended from time to time; and
    • Website means the Extend Oz website located at www.extendoz.com.au.

Interpretation

  1. In these Terms, unless the context otherwise requires:
    • a reference to:
      • one gender includes the other genders;
      • the singular includes the plural and the plural includes the singular;
      • a person includes a natural person, partnership, body corporate, joint venture, association, government, authority, agency or other entity;
      • a party includes that party's executors, administrators, successors and permitted assigns;
      • a document is to that document as amended, novated or replaced from time to time;
      • money is to Australian dollars, unless otherwise stated;
      • “including" and similar expressions are not words of limitation;
      • a statute, regulation or provision of a statute or regulation ("Statutory Provision") includes:
        • that Statutory Provision as amended or re-enacted from time to time; and
        • a statute, regulation or provision enacted in replacement of that Statutory Provision, or if relevant, the predecessor to that statute, regulation or provision;
      • where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning;
      • a provision of these Terms must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of these Terms or the inclusion of the provision in the Terms;
      • if an act must be done on a specified day which is not a Business Day, it must be done instead on the next Business Day;
      • if a party consists of more than one person, the Terms bind them jointly and each of them severally;
      • headings are for convenience only and do not affect the interpretation or form part of these Terms;
      • words defined in the GST Law have the same meaning in these Terms; and
      • any party which is a trustee is bound in its capacity as a trustee and personally.