Terms and Conditions

Current as of September 20, 2021

Terms of Use for All Users

By accessing Himalayas, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.

Terms

If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

Use License

Permission is granted to temporarily download one copy of the materials (information or software) on Himalayas’ website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • modify or copy the materials;
  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • attempt to decompile or reverse engineer any software contained on Himalayas’ website;
  • remove any copyright or other proprietary notations from the materials; or
  • transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Himalayas at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Disclaimer

The materials on Himalayas’ website are provided on an 'as is' basis. Himalayas makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Himalayas does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

Limitations

In no event shall Himalayas or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Himalayas’ website, even if Himalayas or a Himalayas authorised representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Accuracy of materials

The materials appearing on Himalayas’ website could include technical, typographical, or photographic errors. Himalayas does not warrant that any of the materials on its website are accurate, complete or current. Himalayas may make changes to the materials contained on its website at any time without notice. However Himalayas does not make any commitment to update the materials.

Links

Himalayas has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Himalayas of the site. Use of any such linked website is at the user's own risk.

Modifications

Himalayas may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Victoria, Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

Terms and Conditions for Employers

These terms and conditions (“Terms”) govern all Employers (defined as “Employer”, “you” and “your”) that:

  • have placed an advertisement (the relevant ad) on himalayas.app
  • have been advised that applications submitted in respect of the position advertised in the relevant ad will be stored on your behalf within Himalayas’ Employer Accounts (the Employer Accounts); and
  • have utilised any features of the Site or Himalayas’ Products offered through the Site;

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 Himalayas in conjunction with these Terms. The Site is owned and operated by Himalayas Remote Jobs (ABN 249 216 228 04) defined as (“Himalayas”, “we”, “us” and “our”). Your continued use of this Site will be deemed as acceptance of these Terms by you.

Variation of Terms

1. We may vary these Terms at any time. If Himalayas varies these Terms, it will provide notice by publishing the varied Terms on the Site.

2. You accept that by doing this, Himalayas has provided you with sufficient notice of the variation to its Terms. You will be notified of any material changes to the Terms which may be reasonably detrimental to you, 5 days prior to them taking effect.

Payment

3. All amounts owing to Himalayas must be paid during checkout.

4. You are obliged to pay for the services that Himalayas agrees to provide you with regardless of whether you utilise or fully utilise those services. If you do not provide Himalayas with the necessary materials or information for Himalayas to deliver these services to you, you are still liable to Himalayas for full payment.

5. You agree that pursuant to the Privacy Act 1988 (Cth), Himalayas may obtain from either a credit reporting agency or other credit providers personal credit information about you and/or your directors or a consumer credit report about you for the purpose of collecting overdue payments relating to commercial credit owed by you.

6. You agree that Himalayas may disclose this information to a credit reporting agency or interested persons as reasonably necessary.

Intellectual Property Rights

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

Limitation of Liability and Disclaimer

8. Himalayas 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.

9. 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.

10. 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.

11. Himalayas 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.

12. Himalayas agrees to use reasonable efforts to publish advertisements in the shortest possible time.

13. Himalayas 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, 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.

14. Himalayas acts as a medium through which individuals find employment opportunities. Himalayas 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

15. Himalayas 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 Himalayas or the Site itself, including but not limited to advertisements on the Site and/or as they are represented on mobile communication devices. In doing so, Himalayas will endeavour to consider exceptionally detrimental consequences such alterations may cause you.

Your Obligations

16. You warrant and agree that:

  • you have the legal capacity and power to agree to be bound by these Terms and perform the obligations under them;
  • advertisements and other works posted on the Site do not breach the intellectual property rights of any third party;
  • all files delivered to Himalayas will be free of infection or viruses;
  • you will not use the Site for any illegal purpose;
  • 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 Himalayas, the Site users or persons generally, and you may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Site including code and software;

17. You may not assign or transfer any rights and obligations pursuant to these Terms to any other person or entity without Himalayas’ 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.

18. You indemnify and will keep indemnified Himalayas, its officers, employees and agents against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by Himalayas in connection with:

  • any breach of these Terms or Terms of Use by you;
  • any negligent act or omission by you;
  • the listing or proposed listing of any advertisement by you on the Site or any related site; or
  • an actual breach by you of any law, legislation, regulations, by-laws, ordinances or codes of conduct which occurs as a consequence of your advertisement appearing on the Site.

19. You agree at all times to deal with any information or products provided by Himalayas 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).

20. 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.

21. 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 website or in any other publication), without Himalayas’ prior written approval.

22. You may not use the Site to post any pyramid scheme or multi-level marketing scheme (however described) on the Site.

23. You may not ask or require any candidate to pay a fee, charge, cost or any money whatsoever in connection with the hiring process for any job advertised on the Site (including to apply) 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.

24. 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.

25. You must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to Himalayas without Himalayas’ prior written approval.

26.

  • Any advertisements acquired by you from Himalayas must not be on-sold or supplied by you to third parties unless you are a media buyer (as approved by Himalayas) whose primary business it is to acquire media on behalf of third parties, or unless you are a job recruiter and supply job recruitment services (as approved by Himalayas) in conjunction with the advertisements.
  • Where you are a job recruiter and in accordance with clause 26(a) on sell or supply advertisements acquired by you from Himalayas, those ads must be branded with your job recruiter brand or co-branded with both your job recruiter brand and the brand of your client to whom the advertisement has been on sold or supplied.
  • If you breach either or both of clauses 26(a) and 26(b), then Himalayas, in addition to its rights under clause 59, reserves the right to charge you the advertiser price for each advertisement placed by you on the Site in breach of those clauses.

Misuse of candidate data, and on-selling

27. 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.

28. 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 Himalayas to be a misuse of candidate data, and is prohibited.

29. 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 Himalayas has otherwise consented to this). This restriction on forwarding personal information applies irrespective of whether you receive direct financial benefit for doing so.

30. Himalayas 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 Himalayas believes that you have misused candidate data for any reason, Himalayas reserves the right to:

31.

  • 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;
  • 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
  • take legal action against you seeking any number of remedies provided by law, including the award of monetary damages.

Placing Advertisements

32. 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:

  • Competition and Consumer Act 2010 (Cth) including but not limited to Stack 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;
  • Fair Trading Act’s in all applicable States and Territories;
  • Privacy Act 1988 (Cth) including the Australian Privacy Principles;
  • Estate Agent Acts in all applicable States and Territories; and
  • Human Rights and Equal Opportunity Commission Act 1986 (Cth); and
  • all anti-discrimination and equal opportunity legislation applicable in the State or Territory in which you do business.

33. You must adhere to the principle of honest representation in advertising set out in the RCSA’s Code For Professional Practice.

34. All applications for job ads posted on Himalayas must not by any means disregard or preclude applications submitted via Himalayas, including by wording to that effect within the job ad itself.

35. 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):

  • within the details of a job ad (including from the apply functions);
  • from within Himalayas’s job application process;
  • within or from a previously approved externally hosted application form; or
  • within an employer/company profile;

36. 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. Himalayas reserves the right to request any information from you that it deems necessary to verify that a genuine employment opportunity exists.

37. Himalayas reserves the right to reject and remove advertisements for positions that are not related to the work-at-home niche.

38. 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.

39. Employers acknowledge and agree that they must only advertise one job role per job advertisement posted on to the Himalayas Site. Where Employers have breached this obligation and have advertised multiple job roles in the one job advertisement, Himalayas reserves the right to charge the Employer for the number of job roles advertised in the one job advertisement posted on to the Himalayas Site.

40. Employers 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. Himalayas reserves the right to amend, alter or remove any information that does not meet this requirement.

41. Himalayas reserves the right and Employers must accept as a condition of advertising on the Site, Himalayas’ right to re-classify advertisements posted to the Site, entitling Himalayas to withdraw advertisements from one category of its Site and to re-publish advertisements in another category on the Site.

42. Standard job advertisements are valid for 30 days, although you can choose to expire the advertisement earlier.

43. The following actions constitute a new/additional job advertisement:

  • copying a job advertisement;
  • reposting an archived or deleted job advertisement;
  • renewing a job advertisement (“Renewing”) which adds 30 days to the life of the advertisement unless you choose to expire the advertisement earlier and this can occur on multiple occasions;
  • refreshing any job posting. Refreshing is the process of deleting and reposting the same or substantially similar job advertisement;

44. Changes to job advertisement body copy and advertisement title or location, work type, classification and sub-classification categories do not constitute a new job advertisement, regardless of the method used to post the advertisement.

The clauses below apply to your use and access of the Employer Accounts

Authority to store and retain applications

45. You expressly authorise Himalayas to store and retain all applications submitted in response to the relevant ad within the Employer Accounts, rather than emailing those applications to an external source.

Access

46. Your access to the Employer Accounts (and the functionality contained therein) will be via a secure login username and password set by you for use on Himalayas (the Password). The Employer is responsible for:

  • providing Himalayas with the identity and contact details of individuals authorised to access the Employer Accounts on your behalf (authorised users);
  • supervising the use of the Employer Accounts by the authorised users, and ensuring that such use is consistent with the guidelines outlined below under the heading ‘Use of Employer Accounts’; and
  • ensuring that any Password provided to authorised users is kept secure and confidential.

47. You are responsible for the strength of the Password used on Himalayas to enable users to gain access to the Employer Accounts, whether the use is by authorised users or any other person. Any act or omission by an authorised user in respect of the use of the Password and/or the use of the Employer Accounts that breaches these Terms will be deemed a breach of these Terms by you.

48. If you utilise the Invite Team Member function of the Employer Accounts then before utilising that function you must ensure that you have:

  • expressly obtained the consent of every individual whose Personal Information, (as that term is defined within the Privacy Act 1988 (Cth) Personal Information), you invite onto the Employer Accounts, to such uploading of their Personal Information and the storage of such information by Himalayas within the Employer Accounts;
  • s
  • fully disclosed to such individuals the purpose for which their Personal Information has been collected and is stored on our Employer Accounts; and
  • otherwise fully complied with your obligations under the Privacy Act 1988 (Cth) in respect of the collection and storage of such information.

49. Once access to the Employer Accounts has been granted to you by Himalayas, the Employer will have access to the Employer Accounts and the functionality therein, unless such access is terminated by us in accordance with these Terms and/or the Terms of Use.

50. If your access to the Employer Accounts is terminated for reasons other than fraud or dishonest conduct on your part, Himalayas will, if requested, within 20 Business Days, forward all applications and associated information stored on your behalf to your nominated email address.

Maintenance

51. Himalayas will use reasonable endeavours to ensure that the Employer Accounts are available for access by authorised users at all times. Notwithstanding this, Himalayas and its third party service providers may be required to undertake maintenance and upkeep of the Employer Accounts from time to time. Himalayas will endeavour to limit any ‘downtime’ to periods outside of standard business hours. Himalayas 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 Employer Accounts.

Employer Collection of Personal Information

If you collect personal information from a candidate by advertising on Himalayas’ then clauses 52 to 54 apply to you:

52. At the time of collection of a candidate’s personal information (whether from a candidate or from Himalayas), or as soon as practicable thereafter, you warrant to Himalayas that you will:

  • 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
  • make a copy of your privacy policy available to the candidate.

53. From time to time Himalayas may receive requests from candidates regarding personal information collected by Employers. Where Himalayas receives such a request from a candidate whose personal information you have received, we will pass such request on to you. You warrant to Himalayas that whenever such request is provided to you, you will promptly and meaningfully respond to such request and will confirm such compliance to us.

54. You agree to indemnify and hold Himalayas harmless against any loss or damage whatsoever that Himalayas may incur, including but not limited to any civil penalties which may be imposed, as a result of:

  • a failure by you to comply with clauses 52 and 53;
  • a breach of the Privacy Act 1988 (Cth) or the Australian Privacy Principles by you; or
  • any indirect contravention of the Privacy Act 1988 (Cth) or the Australian Privacy Principles by Himalayas caused by your non-compliance with clauses 54 and 55.

Licence to use data

55. 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 Employer (Employer Data), is owned by the Employer, and not Himalayas. For the avoidance of doubt, the use of personal information of candidates by Himalayas and/or the Employer is governed by the Privacy Act 1988 (Cth) and the terms of the relevant privacy policy of Himalayas and/or the Employer.

56. the Employer hereby grants to Himalayas and Himalayas’ related parties a perpetual, non-exclusive, irrevocable licence to use any Employer 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 and/or the Employer user experience

57. Himalayas may use any data relating to the Employer’s use of, or engagement with the Site and/or the Employer’s use of Himalayas’ products and services (Ancillary Data) for any purpose it sees fit, unless such Ancillary Data would reasonably be considered confidential in nature. Himalayas may disclose Ancillary Data to its related parties.

Hardware & software

58. It is the Employer’s responsibility to ensure that it has the necessary computer hardware and software systems in place to access and utilise the Employer Accounts.

General Terms

59. Himalayas reserves the right to terminate your agreement with Himalayas if you post any advertisement or utilise any feature of the Site or Himalayas Product in any way which is in breach of any of these Terms or the Terms of Use.

60. Himalayas reserves the right to, in its absolute discretion (acting reasonably), reject, edit or remove any advertisement from the Site for any reason.

61. 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.

62. These Terms are governed by the laws of Victoria. Employers irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of Victoria, and waive any objection to legal action being brought in those Courts on the grounds of venue or inconvenient forum.