Mutual Trust Careers – Terms and Conditions

1. Application of these Terms and Conditions
   The Site is made available for use only by Candidates searching for potential employment openings with Mutual Trust.

1.1 These Terms and Conditions apply to the use of the Site by any Candidate who accesses the Site for the purposes of obtaining information about; and / or applying for, any Job with Mutual Trust.

1.2 By making an Application, the Candidate agrees to be bound by and comply with these Terms and Conditions, including in relation to the submission the Candidate’s Personal Information.

1.3 In these Terms and Conditions:

Advertisement means any form of public statement or notice issued by or on behalf of Mutual Trust seeking applications for or expressions of interest in any particular Job or any type of position, role or employment opportunity at Mutual Trust.

Application includes any action taken by a Candidate to access the Site, respond to an Advertisement, apply for inquiry about a Job or submit any information through the Site.

Candidate means any person who accesses or uses the Site to search for or inquire about any Job.

Job means any position, role or employment opportunity of any type with Mutual Trust for which a Candidate may wish to apply or in relation to which a Candidate may wish to make inquiries. A Job may include a position, role or employment opportunity with Mutual Trust:
(a) on any terms, including full time, part time, fixed term or casual employment or contract terms;
(b) whether or not that Job has been the subject of any specific or general Advertisement; and
(c) whether or not an inquiry or application is made in relation to a specific Job or is the subject of a general inquiry by a Candidate.

Mutual Trust or we means Mutual Trust Pty Ltd, ACN 004 285 330 and any Associate or Related Body Corporate of Mutual Trust Pty Ltd, as those terms are defined in the Corporations Act 2001, Commonwealth.

Personal Information means any information that can be used to personally identify you. For the purposes of these Terms and Conditions, Personal Information includes information relating to a Candidate’s personal, educational and employment history which is provided by the Candidate or with the Candidate’s consent. Please refer to the Mutual Trust Careers Privacy Statement for information on the use and security of your Personal Information.

Site means the Mutual Trust Careers website.

2. Candidate Agreement, Acknowledgements, Warranties and Indemnity

2.1 Candidate Agreement and Acknowledgements

As a Candidate, you agree and acknowledge that:
(a) You are an individual who is a genuine potential Candidate for a Job with Mutual Trust in your own personal capacity;
(b) You will only access the Site for personal, non-commercial purposes;
(c) Subject to the terms of the Mutual Trust Careers Privacy Statement, Mutual Trust may access, review, use and store all information which you provide through the Site, including all Personal Information relating to you, for the purposes of considering your suitability for any Job with Mutual Trust. This may include considering your suitability for Jobs, whether or not you have made an Application for any specific Job or for a Job on any particular terms and conditions;
(d) It is your responsibility to provide Mutual Trust with all information relevant to your Application. You do not have to answer any question or provide any information requested by Mutual Trust if you do not wish to do so. however, you acknowledge that Mutual Trust:

(i) may make any decision regarding your suitability for any Job based on the information which you provide;
(ii) has no obligation to seek or consider any information which you do not expressly provide;
(iii) may seek independent verification of any information which you provide, but is not required to do so;

(e) Mutual Trust may make any further inquiries or seek such further information regarding you that reasonably relates to your Application, including accessing any information which is publicly available in relation to you and making inquiries from any third parties whom you have authorised Mutual Trust to contact in relation to an Application; and
(f) Mutual Trust has no obligation to:

(i) consider you for any Job in relation to which you make an Application;
(ii) provide reasons for the success or failure of any Application; or
(iii) notify you of any current, future or potential roles with Mutual Trust.

2.2 Candidate Representations and Warranties

As a Candidate, you undertake and warrant to Mutual Trust that:
(a) All information which you provide in relation to any Application is true and correct, is not misleading and relates to you personally. Without limitation, this includes all details you provide in relation to your academic studies and results achieved, previous employment details, professional qualifications and memberships, public roles and honours, and personal activities and achievements;
(b) If you provide any information of or relating to a third party, you are authorised by that party to disclose the information to Mutual Trust;
(c) You will not send, upload, distribute, disseminate or provide any information or make any statements about any person or organisation which is untrue, misleading, defamatory or abusive, or which infringes the rights of any third party;
(d) In accessing and using the Site, you will not use or distribute or transmit to Mutual Trust or upload through the Site any code, software or system which would or may be harmful to Mutual Trust or interfere with the proper operation of the Site, including for example and software or system containing any viruses, worms, Trojan horses, corrupted files or similar, or any hoaxes or materials of a harmful or destructive nature; and
(e) You will not interfere with the operation of the Site by Mutual Trust or the use and enjoyment of the Site by any other user.

2.3 Candidate Indemnity

You agree to indemnify and hold harmless Mutual Trust to the extent of any loss or damage which is suffered or incurred by Mutual Trust as a result of your access to or use of the Site, including, without limitation, through your uploading of any information or material to the Site.

3. Mutual Trust’s Rights and Obligations

3.1 Mutual Trust’s Rights

Mutual Trust: (a) Has absolute discretion whether it will Advertise any Job on the Site or in any other manner at any time;
(b) May at any time vary the terms and conditions applicable to any Job (whether or not those terms have been included in any Advertisement) or withdraw any Advertisement for any Job;
(c) May select Candidates for consideration for any Job having regard to all factors which it considers reasonably relevant to that Job, which may include factors other than those specified in any Advertisement or job description in relation to a Job;
(d) Is under no obligation to consider or respond to any Applicant in relation to any particular Job or account to a Candidate as to the reasons for the success or failure of their Application or the reasons for selecting the successful applicant;
(e) May, if you are successful in an Application, but are subsequently found to have provided Personal Information which was materially incorrect or misleading, (including by the omission of material information) reserve the right to take any action which it sees fit and which is legally open to it, including termination of employment; and
(f) May consider candidates for Jobs from sources outside the Site, including from existing staff members, personal referrals or other means of direct application.

3.2 Limitations of Liability

(a) Any information which Mutual Trust provides on the Site, including information in relation to any Job and any other material that may be provided from time to time, is provided for information only. While Mutual Trust takes reasonable care to ensure the accuracy of all information at the time it is provided, Mutual Trust is not responsible for ensuring that all information remains complete, accurate and up to date at all times. Where any information in the nature of career guidance, or tips for preparation or presentation of cvs, or for interviews is given, it is for general informational purposes only, and is not to be construed as personal advice or professional career counselling services.
(b) Mutual Trust does not provide any warranty or guarantee in relation to the Site, including (without limitation):

(i) the accuracy or completeness of any information available on the Site;
(ii) that access to the Site will be uninterrupted or error free;
(iii) that any defects in relation to the Site will be corrected immediately; or
(iv) that the Site will be free from viruses or other contamination.

(c) To the maximum extent permitted by law, Mutual Trust will not be liable for:

(i) any delay or failure in the performance of the Site or any consequences for you as a result of any inability to access the Site or to respond or upload any information, however caused; or
(ii) any consequences to you or to any computer hardware or software used by you which is directly or indirectly harmed or detrimentally affected as a result of or in connection with your use of the Site.

4. Amendment to these Terms and Conditions

(a) Mutual Trust may amend these Terms and Conditions at any time by posting a notice of the amendments on the Site. Any notice of amendment to the Terms and Conditions will state the date that the amendments takes effect.
(b) Continued use of the Site by the Candidate, including by uploading any information, responding to any Advertisement or making any inquiry after the posting of any notice of amendment to the Terms and Conditions, is deemed to be acceptance by the Candidate of those amendments.

5. External Sites

If the Site contains links to external sites which are owned and / or operated by third-party operators, providers or vendors (External Sites), the Candidate acknowledges that Mutual Trust is not responsible or liable for any such third parties, the availability of or materials located through or any content on, those External Sites.

6. Intellectual Property

All content on the Site, including all copyright material, data, text, software, images, graphics, trademarks, logos, photographs and other intellectual property on the Site is owned, controlled by or licensed to Mutual Trust. Mutual Trust does not grant the Candidate any rights to use the Site or any materials available on it, except for the purpose of viewing the Site and the materials available on it for your own personnel, non-commercial use.

7. Termination and breach of Terms and Conditions or law

(a) Mutual Trust reserves the right in its absolute discretion at any time without notice and for any reason, to suspend or terminate:

(i) the Site; or
(ii) access to the Site by any person.

(b) For the avoidance of doubt, Mutual Trust may suspect or terminate access to the Site by any person under clause 7 (a) where it reasonably believes or suspects that:

(i) there has been, or may be, a breach of these Terms and Conditions or of any relevant law or regulation, by any person; or
(ii) that the use of the Site by any person may compromise the safety or security of any other person, any Candidate, Mutual Trust or the Site.

(c) Mutual Trust may, in the event that there is any investigation or allegation that use of the Site by any person is in breach of these Terms and Conditions or of any law or other regulation, or might compromise the safety or security of any person, any Candidate, Mutual Trust or the Site:

(i) disclose any information regarding that person, alleged breach or action that is within Mutual Trust’s possession or control to any relevant person, regulatory agency or government authority; and
(ii) take any action it sees fit, including taking legal action (including seeking injunctive relief) against any person whom it reasonably believes, or suspects is breaching these Terms and Conditions or any relevant law or regulation.

8. Governing Law

These Terms and Conditions, a Candidate’s access to and use of the Site and any dispute arising out of or in connection with them will be governed by, and the Candidate agrees to submit to the jurisdiction of the Courts of Victoria, Australia.

9. Severability

(a) If any of these Terms and Conditions are invalid or unenforceable, the offending provision(s) will be read down or removed so as to remove that invalidity or unenforceability, such that the amended Terms and Conditions will remain in force.
(b) Any failure by Mutual Trust to act or enforce these Terms and Conditions immediately will not be considered a waiver of Mutual Trust’s rights to take such action.