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Terms And Conditions

Overview

Please read this agreement carefully before accessing or using the information and services available through the www.PharmaJobFinder.com website ("Site") owned by “from SCIENCE to PHARMA Pty Ltd” (“FSTP”) . By accessing or using the Site, you agree to be bound by the terms and conditions below. FSTP may modify this agreement at any time, and such modifications shall be effective immediately upon posting the modified agreement on the Site. Advertiser terms and conditions (see below) must be accepted and adhered to by Advertisers who use FSTP’s services and the Site. FSTP also has a comprehensive privacy policy for users of the Site.

Copyright and trademarks

Copyright in the material and trademarks on this Site are owned by FSTP Pty Ltd ABN 306 125 125 53 ("FSTP") unless otherwise indicated and you agree not to infringe any intellectual property rights owned by FSTP.

Information for personal, non-commercial use only

You agree that information contained on this Site is for personal use only and may not be sold, redistributed or used for any commercial purpose (this includes but is not limited to the use of Advertiser contact details for unsolicited commercial correspondence.

You may download material from this Site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Site including code and software. You must not use this Site for any purpose that is unlawful or prohibited by these terms of use. You may not use data mining, robots, screen scraping, or similar automated data gathering, extraction or publication tools on this Site (including without limitation for the purposes of establishing, maintaining, advancing or reproducing information contained on our Site on your own website or in any other publication), except with Our prior written consent.

Information does not represent professional advice

You acknowledge and agree that information published by FSTP on www.PharmaJobFinder.com is intended to provide general information in summary form on market insights, legal and other issues. FSTP does not warrant the accuracy or completeness of such information. FSTP does not endorse or recommend any of the jobs, business or self-employment opportunities advertised on its Site and FSTP strongly recommends that prior to entering into any agreement with any of the Advertisers on the Site, that you obtain your own independent legal, accounting, financial or taxation advice as appropriate. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Site or on the Internet generally. In no event will FSTP be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any information contained on or omitted from the Site.

No guarantees of job vacancy

FSTP 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. Whilst FSTP takes efforts to ensure that jobs advertised are for actual job vacancies, it gives no guarantee to you that every job advertisement represents an actual job vacancy.

No guarantees or endorsements of sites or services we link to or that link to us

FSTP provides links and pointers to Internet sites maintained by third parties from its Site. Such linked sites are not under the control of FSTP and FSTP is not responsible for the contents (including the accuracy, legality or decency) of any linked site or any link contained in a linked site. FSTP is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FSTP of the linked site. FSTP is not responsible for the copyright compliance of any linked site. FSTP will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party.

No guarantees as to the service

FSTP provides no warranty to you that the services generally available through its Site will be uninterrupted or error-free or that defects in the service will be corrected. You also understand that FSTP cannot and does not guarantee or warrant to you that files available for downloading through the Site or delivered via electronic mail through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

Our rights to use information you send us

FSTP welcomes ideas and feedback from you about all aspects of the Site. You agree that FSTP may reproduce, distribute, transmit, create derivative works of, and publicly display any materials and other information (including ideas for new or improved products and services) that you submit to any public areas of the Site or by email to FSTP. (Please read our privacy policy for more information as to how we deal with information you send to us.)

No guarantees as to security of your information

While FSTP takes all due care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the Internet or while stored on FSTP systems or on FSTP’s Site. FSTP disclaims all liability to you to the greatest extent possible pursuant to law should this occur.

Your responsibility for your password and login

To become a registered user, you must provide a password and a login name. You are entirely responsible if you do not maintain the confidentiality of your password and login name. Furthermore, you are entirely responsible for any and all activities that occur under your login name. You may change your password at any time by following instructions. You may also change your login by contacting customer service. You may also delete services attached to your registration at your convenience. You agree to immediately notify FSTP of any unauthorized use of your login name or any other breach of security known to you.

No misrepresentations allowed

You agree that it is a condition on your use of the www.PharmaJobFinder.com Site and of any other services provided by FSTP or through the Site that you will not through any act or omission (including but not limited to creating a profile on the FSTP Site) mislead or deceive others.

General provisions

If any part of this agreement is held invalid that part shall be severed from this agreement and the remainder of this agreement will continue to be valid and enforceable. Termination of this agreement will not end those provisions that are capable of surviving the ending of this agreement. The laws governing this agreement will be the laws in New South Wales, Australia and you irrevocably submit to the exclusive jurisdiction of its Courts and its Appellate Courts and the jurisdiction of the Federal Court of Australia sitting in Sydey. For the purposes of this agreement the words "FSTP", “www.PharmaJobFinder.com”, "FSTP Pty Ltd", "We", "Our" and "Us" refer to “from SCIENCE to PHARMA Pty Ltd” and "Site" to materials delivered on www.PharmaJobFinder.com and other co-branded versions of the site.

Advertising Terms of Use

These terms and conditions ("Terms") govern all Advertisers (defined as "Advertiser", "you" and "your") that:

  • have placed an advertisement (the relevant ad) on PharmaJobFinder.com;
  • have been advised that applications submitted in respect of the position advertised in the relevant ad will be stored on your behalf within PharmaJobFinder.com and can be viewed when you log into your account.
  • have utilised any features of the Site or PharmaJobFinder.com Products offered through the Site; and

Your access to and use of the information, materials and services provided on this Site is conditional upon your acceptance and compliance with the Terms.

Depending on what level of service you choose, there may be other terms that govern your relationship with FSTP in conjunction with these Terms.

The Site is owned and operated by “from SCIENCE to PHARMA Pty Ltd” (ABN 306 125 125 53) defined as ("FSTP", "we", "us" and "our").

Your continued use of this Site will be deemed as acceptance of these Terms by you.

Variation of Terms

  1. FSTP may vary these Terms at any time. If FSTP varies these Terms, it will provide notice by publishing the varied Terms on the Site.
  2. You accept that by doing this, FSTP has provided you with sufficient notice of the variation to its Terms.

Payment

  1. All amounts owing to FSTP are being paid by creditcard via stripe.com payment platform. Alternative payments could be provided upon request by emailing to admin@pharmajobfinder.com.
  2. You are obliged to pay for the services that FSTP agrees to provide you with regardless of whether you utilise or fully utilise those services. If you do not provide FSTP with the necessary materials or information for FSTP to deliver these services to you, you are still liable to FSTP for full payment.
  3. If you do not pay your account on time, your membership will run out and you will only be able to post new jobs when you extend your membership. You are still able to see past applications to your advertised job.

Intellectual Property Rights

  1. FSTP retains all intellectual property rights subsisting in any of the goods and services provided to you by FSTP.

Limitation of Liability and Disclaimer

  1. FSTP provides no warranty to you that services generally available through the Site will be uninterrupted or error free. Except where we are unable to exclude our liability by legislation, we, our officers, employees, agents and contractors will not be liable in any way to you or anyone else for any loss or damage, however it arises (whether in contract, tort including negligence, or otherwise) out of or in connection with your access and use of the Site.
  2. In the case of goods or services supplied or offered via the Site, liability for breach of an implied term which cannot be excluded by legislation, is limited at our option to either, the supply of the goods or services (or the equivalent goods or services) again or the payment of the cost of having the goods or services supplied again.
  3. Our limitation of liability under these Terms applies to direct, indirect, consequential, special, punitive or other damages that you or others may suffer, as well as damages for loss of profit, business interruption or the loss of data or information, even if we are informed of their possibility.
  4. FSTP accepts no responsibility or liability for any errors in your advertisements and you must check your advertisements for errors as soon as they are placed on the Site.
  5. FSTP agrees to use reasonable efforts to publish advertisements in the shortest possible time.
  6. FSTP cannot and does not guarantee or warrant to the you that files available for downloading through the Site or delivered via electronic mail through the Site, or features and products available through the Site, will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
  7. FSTP acts as a medium through which individuals seek employment opportunities. FSTP does not vet, nor is it responsible for vetting, candidates or the representations made by them whether oral or in writing - including those representations appearing in candidates' resumes.

Changes to the Site

  1. FSTP reserves the right at all times without the need to have to provide any notice to you, to alter the functionality and/or appearance of its products and services available from FSTP or the Site itself, including but not limited to advertisements on the Site and/or as they are represented on mobile communication devices.

Your Obligations

  1. You warrant and agree that:
    1. you have the legal capacity and power to agree to be bound by these Terms and perform the obligations under them;
    2. advertisements and other works posted on the Site do not breach the intellectual property rights of any third party;
    3. all files delivered to PharmaJobFinder.com will be free of infection or viruses;
    4. you will not use the Site for any illegal purpose;
    5. you will not use the Site or any features of the Site or products offered on the Site to upload, download, transact, store or make available data that is unlawful, harassing threatening, harmful, tortious, defamatory, libellous, abusive violent, obscene, invasive of another's privacy, racially or ethnically offensive or otherwise in our opinion objectionable or damaging to FSTP, the Site users or persons generally;
    6. if applicable you have complied with your obligation under clause 39 of these Terms.
  2. You may not assign or transfer any rights and obligations pursuant to these Terms to any other person or entity without FSTP’s prior written approval (which will not be unreasonably withheld). If you are a company, any change in your effective control shall be deemed an assignment for the purpose of this clause.
  3. You indemnify and will keep indemnified FSTP, its officers, employees and agents against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by FSTP in connection with:
    1. any breach of these Terms or the Product Terms by you;
    2. any negligent act or omission by you;
    3. the listing or proposed listing of any advertisement by you on the Site or any related site; or
    4. an actual or alleged breach by you of any law, legislation, regulations, by-laws, ordinances or codes of conduct which occurs a consequence of the your advertisement appearing on the Site.
  4. You agree at all times to deal with any information or products provided by FSTP or accessed from the Site in a manner which abides by all applicable laws of Australia, or of any other relevant jurisdiction (including, without limitation, privacy and copyright laws).
  5. Except as otherwise permitted under these Terms, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Site including code and software.
  6. You may not use data mining, robots, screen scraping, or similar automated data gathering, extraction or publication tools on this Site (including without limitation for the purposes of establishing, maintaining, advancing or reproducing information contained on our Site on another Site or in any other publication), without FSTP’s prior written approval.
  7. You may not use the Site to post any pyramid scheme on the Site and you also may not ask or require any candidate to pay a fee, charge, cost or any money whatsoever to apply for any job advertised on the Site whether such fee, charge, cost or money is asked or required of the candidate in the job advertisement itself or in any communication with the candidate that takes place as a result of a job advertisement placed on the Site.
  8. You may not use any feature of the Site to send any unsolicited commercial electronic messages to candidates, whether individually or as a group. Candidate management tools may only be used to communicate with candidates in accordance with the Product Terms.
  9. You must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to FSTP without FSTP’s prior written approval.
  10. Any ‘personal information’ (within the meaning of the Privacy Act 1988 (Cth)) of any candidate that you obtain through your use of the Site or any features of the Site or products offered on the Site (including job applications received from candidates) must only be used by you in relation to your genuine employment and/or recruitment activities.
  11. FSTP might use your email address from time to time to send other offers to you from FSTP that may involve career training and/or career transitioning services but are not limited to it. You can opt out from these emails at any time by unsubscribing from the email list by clicking “unsubscribe” at the bottom of the email.
  12. Selling or offering services or products (such as learning or educational courses or tools) to candidates whose personal information you have obtained through your use of the Site (including job applications received from candidates) is considered by FSTP to be a misuse of candidate data, and is prohibited.
  13. You may not under any circumstances provide any candidate personal information you have obtained through your use of the Site (including job applications received from candidates) to any other party, including to any affiliate or related party of yours (unless FSTP has otherwise consented to this). This restriction on forwarding personal information applies irrespective of whether you receive direct financial benefit for doing so.
  14. FSTP takes its obligations under the Privacy Act 1988 (Cth) extremely seriously, and is resolute in its determination to prevent the misuse of candidate data. If FSTP believes that you have misused candidate data for any reason, FSTP reserves the right to:
    1. immediately suspend or terminate your account, and/or suspend or terminate the account of any party that has received candidate personal information from you in breach of these Terms;
    2. report any potential contraventions of the Privacy Act 1988 (Cth) by you to the relevant authorities, including the Office of the Australian Information Commissioner; and/or
    3. take legal action against you seeking any number of remedies provided by law, including the award of monetary damages.

Placing Advertisements

  1. You must ensure that all advertisements posted to the Site comply with all applicable legislation, regulations, by-laws, ordinances and codes of conduct, including but not limited to the:
    1. Competition and Consumer Act 2010 (Cth) including but not limited to section 31 of Schedule 2 which requires that if you are a company you must not mislead persons seeking employment as to the availability, nature, terms or conditions or, any other matter relating to the employment opportunity being offered;
    2. Fair Trading Acts in all applicable States and Territories;
    3. Privacy Act 1988 (Cth) including the Australian Privacy Principles;
    4. Estate Agents Acts in all applicable States and Territories; and
    5. Human Rights and Equal Opportunity Commission Act 1986 (Cth); and
    6. all anti-discrimination and equal opportunity legislation applicable in the State or Territory in which you do business.
  2. You must adhere to the principle of honest representation in advertising set out in the RCSA's Code For Professional Practice.
  3. You are not permitted to insert links to an external website or an externally hosted application form:
    1. within the details of a job ad (including from the apply functions);
    2. from within FSTP’s job application process;
    3. within or from a previously approved externally hosted application form;
      without FSTP’s express written approval which may be granted withheld or withdrawn at FSTP’s discretion.
    4. within an employer/company profile; or
      without FSTP’s express written approval which may be granted withheld or withdrawn at FSTP’s discretion.
  1. You are not permitted to promote or refer to brands other than those associated with your business, (or a business operated by a related party to you):
    1. within the details of a job ad (including from the apply functions);
    2. from within FSTP’s job application process;
    3. within or from a previously approved externally hosted application form;
    4. within an employer/company profile; or
      without FSTP’s express written approval which may be granted withheld or withdrawn at FSTP’s discretion.
  1. You may only post Advertisements to the Site that are in respect of a genuine employment opportunity that is current as at the time of posting the Advertisement, and for which you are currently recruiting. FSTP reserves the right to request any information from you that it deems necessary to verify that a genuine employment opportunity exists.
  2. You must ensure that advertisements posted to the Site are posted to the appropriate category of the Site. It is your responsibility to ensure that you familiarise yourself with the advertising requirements of each available category on the Site to ensure appropriate placement of advertisements.
  3. Advertisers acknowledge and agree that they must only advertise one job role per job advertisement posted on to the FSTP Site. Where Advertisers have breached this obligation and have advertised multiple job roles in the one job advertisement, FSTP reserves the right to change the job ad without notifying the advertiser.
  4. Advertisers must ensure that all information entered into any data entry field, as part of the advertisement classification process, relates directly to the relevant data field category. FSTP reserves the right to amend, alter or remove any information that does not meet this requirement.
  5. FSTP reserves the right and Advertisers must accept as a condition of advertising on the Site, FSTP’s right to re-classify advertisements posted to the Site, entitling FSTP to withdraw advertisements from one category of its Site and to re-publish advertisements in another category on the Site.
  6. Standard job advertisements are valid for 30 days, although you can choose to expire the advertisement earlier.

Authority to store and retain applications

You expressly authorise FSTP to store and retain all applications submitted in response to the relevant ad within the www.PharmaJobFinder.com Site. In addition, we also email you the candidate’s application via your stored email address.


Access

  1. Your access to the PharmaJobFinder.com Site (and the functionality contained therein) will be via a secure login username and password created by you at the time of registration (the Password). You are responsible for the use of the Password set by you at the time of registration. Any act or omission in respect of the use of the Password and/or the use of the Site that breaches these Terms will be deemed a breach of these Terms by you.
  2. Once access to the PharmaJobFinder.com Site has been granted to you by FSTP, the Advertiser will have access to the Site and the functionality therein, unless such access is terminated by us in accordance with these Terms and/or the Additional Terms.
    If your access to the Site is terminated for reasons other than fraud or dishonest conduct on your part, FSTP can upon email request by the Advertiser forward all applications and associated information stored on your behalf to your nominated email address stored in your profile on the www.PharmaJobFinder.com Site.

Maintenance

FSTP will use reasonable endeavours to ensure that the Site is available for access by authorised users at all times. Notwithstanding this, FSTP and its third party service providers may be required to undertake maintenance and upkeep of the Site from time to time. FSTP will endeavour to limit any 'downtime' to periods outside of standard business hours. FSTP provides no warranty to you that services generally available through the Site will be uninterrupted or error free. Except where we are unable to exclude our liability by legislation, we, our officers, employees, agents and contractors will not be liable in any way to you or anyone else for any loss or damage, however it arises (whether in contract, tort including negligence, or otherwise) out of or in connection with your access and use of the Site

Private Advertiser

If you utilise the "Private Advertiser" Function then the below clauses apply to you:

  1. At the time of collection of a candidate's personal information (whether from a candidate or from FSTP), or as soon as practicable thereafter, you warrant to FSTP that you will:
    1. advise the candidate (by way of notice in writing) that any personal information you collect about them will be held, used and disclosed in accordance with your privacy policy; and
    2. make a copy of your privacy policy available to the candidate.
  2. From time to time FSTP receives requests from candidates regarding personal information collected by Advertisers. Where FSTP receives such a request from a candidate whose personal information you have received, we will pass such request on to you. You warrant to FSTP that whenever such request is provided to you, you will promptly and meaningfully respond to such request and will confirm such compliance to us.
  3. You agree to indemnify and hold FSTP harmless against any loss or damage whatsoever that FSTP may incur, including but not limited to any civil penalties which may be imposed, as a result of:
    1. a failure by you to comply with clauses 40 and 41;
    2. a breach of the Privacy Act 1988 (Cth) or the Australian Privacy Principles by you; or
    3. any indirect contravention of the Privacy Act 1988 (Cth) or the Australian Privacy Principles by FSTP caused by your non-compliance with clauses 40 and 41.

Licence to use data

  1. Except for information that is 'personal information' (as that term is defined in the Privacy Act 1988 (Cth)), all data stored on the site on behalf of the Advertiser is owned by the Advertiser, and not FSTP.
  2. The Advertiser hereby grants FSTP a perpetual, non-exclusive, irrevocable licence to use any stored data to:
    • manage internal reporting requirements;
    • collate statistical information about use of the Site and submission of online applications;
    • analyse user behaviour on the Site;
    • obtain and analyse high level trends and prepare reports relating thereto; and
    • generally improve the candidate user experience.

Hardware & software

It is the Advertiser's responsibility to ensure that it has the necessary computer hardware and software systems in place to access and utilise the Site.

General Terms

  1. FSTP reserves the right to terminate your agreement with FSTP if you post any advertisement or utilise any feature of the Site or FSTP Product in any way which is in breach of any of these Terms or the Product Terms. Further, FSTP reserves the right to, in its absolute discretion, reject or remove any advertisement from the Site for any reason.
  2. Termination of our agreement with you as a result of you breaching any one or more of these Terms, will not end provisions of these Terms that are capable of surviving termination.
  3. These Terms are governed by the laws of New South Wales. Advertisers irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of New South Wales, and waive any objection to legal action being brought in those Courts on the grounds of venue or inconvenient forum.
© 2018 from SCIENCE to PHARMA Pty Ltd.