November 27, 2022

Terms and Conditions

By using our website, you are agreeing to be bound by these terms.

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

1. 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

2. Permission is granted to temporarily download one copy of the materials (information or software) on Himalayas' website (the “Site”) 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.

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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

9. These Terms are governed by the laws of Victoria, Australia.  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.

Services

10. These terms and conditions apply to the website, communications, and services offered on Himalayas (“Services”). Registered users of our Services are “Members” and unregistered users are “Visitors”. Members who have signed up for Himalayas’ Employer Accounts are “Employers”. Members who have signed up for Himalayas’ Job Seeker Accounts are “Job Seekers”. Visitors or Members who have applied for a job using the Site are “Candidates”.

11. 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 Pty Ltd (ABN 89 663 721 088) 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

12. 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.

13. 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.

Intellectual Property Rights

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

Limitation of Liability and Disclaimer

15. 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.

16.  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.

17. 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.

18.  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.

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

20. 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.

21. 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

22.  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.

23.  We may change, suspend or discontinue any of our Services. We may also modify our prices effective prospectively upon reasonable notice to the extent allowed under the law.

Eligibility

24. The Services are not for use by anyone under the age of 18.  To use the Services, you agree that: (1) you must be the Minimum Age (described below) or older; (2) you will only have one Himalayas account, which must be in your real name; and (3) you are not already restricted by Himalayas from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 18. “Minimum Age” means 18 years old. However, if law requires that you must be older in order for Himalayas to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.

Your Obligations

25.  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;

26. 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.

27. 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.

28. 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).

29. 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.

30. 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.

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

32. 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.

33. You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. Himalayas may be required by law to remove certain information or content in certain countries.

Licence to use data

34. 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 Member (Member Data), is owned by the Member, 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.

35. The Member hereby grants to Himalayas and Himalayas' related parties a worldwide, perpetual, non-exclusive, irrevocable licence to use, copy, modify, distribute, publish and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:

  • You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
  • We will not include your content in advertisements for the products and services of third parties to others without your separate consent (including sponsored content)
  • While we may edit and make format changes to your content (such as translating or transcribing it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
  • Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Commons license.

36. We use the information and data that you provide and that we have about Job Seekers and Employers to make recommendations for content and features that may be useful to you. For example, we use data and information about you to recommend jobs to Job Seekers and Job Seekers to recruiters. Keeping your Member profile accurate and up to date helps us to make these recommendations more accurate and relevant.

37. Himalayas may use any data relating to the Member’s use of, or engagement with the Site and/or the Member’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.

38. You and Himalayas agree that we may access, store, process and use any information and personal data that you provide in accordance with the terms of the Privacy Policy and your choices (including settings).

39. By submitting suggestions or other feedback regarding our Services to Himalayas, you agree that Himalayas can use and share (but does not have to) such feedback for any purpose without compensation to you.

Communications

40. You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date. Please review your settings to control and limit messages you receive from us.

41. Our Services allow messaging and sharing of information in many ways, such as your profile, articles, group posts, links to job postings, and messages. Information and content that you share or post may be seen by other Job Seekers, Employers, Visitors or others (including off of the Services). Where we have made settings available, we will honor the choices you make about who can see content or information. For job searching activities, we default to not notifying your connections network or the public. So, if you apply for a job through our Service or opt to signal that you are interested in a job, our default is to share it only with the job poster. We are not obligated to publish any information or content on our Service and can remove it with or without notice.

Hardware & software

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

General Terms

43. 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.

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

45. 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.

46. We don’t promise to store or keep showing any information and content that you’ve posted. Himalayas is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

47. By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Himalayas generally does not review content provided by our Job Seekers, Employers or others. You agree that we are not responsible for others’ (including other Job Seekers or Employers) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse.

48. Himalayas reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Job Seekers or Employers.

49. If you have any questions, concerns or complaints about the Terms, or for general enquiries you may contact us at [email protected]

Terms and Conditions for Employers

50. 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;

51.  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.

52.  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.

  1. 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.
  2. Where you are a job recruiter and in accordance with clause 52(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.
  3. If you breach either or both of clauses 52(a) and 52(b), then Himalayas, in addition to its rights under clause 43, 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

53. 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.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.

54.  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.

55. 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:

  • 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

56.  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.

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

58. 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.

59. 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' job application process;
  • within or from a previously approved externally hosted application form; or
  • within an employer/company profile;

60. 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.

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

62.  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.

63. 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.

64. 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.

65. 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.

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

67. 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;

68.  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.

Payment

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

70. 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.

71. 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.

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

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

Use of Employer Accounts

Authority to store and retain applications

73. 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

74. 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 under the heading ‘Use of Employer Accounts'; and
  • ensuring that any Password provided to authorised users is kept secure and confidential.

75. 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.

76. 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;
  • 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.

77. 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.

78. 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

79. 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

80. If you collect personal information from a Candidate by advertising on Himalayas' then clauses 80 to 82 apply to you:

81. 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.

82. 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.

83.  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 80 and 81;
  • 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 34 and 82. 

Terms and Conditions for Job Seekers

84. These terms and conditions (“Terms”) govern all Job Seekers (defined as “Job Seeker”, “you” and “your”) that:

  • have created an account on himalayas.app
  • have been advised that information submitted will be stored on your behalf within Himalayas' Job Seeker Accounts (the Job Seeker Accounts); and
  • have utilised any features of the Site or Himalayas' Products offered through the Site;

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

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

87. Your access to the Job Seeker 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 Job Seeker is responsible for:

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

88. You are responsible for the strength of the Password used on Himalayas to enable users to gain access to the Job Seeker 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.

89. Use of Job Seeker Accounts

90. You agree that you will:

  • Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
  • Provide accurate information to us and keep it updated;
  • Use your real name on your profile; and
  • Use the Services in a professional manner.

91. You agree that you will not:

  • Create a false identity on Himalayas, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
  • Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;
  • Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);
  • Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of Himalayas;
  • Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));
  • Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license;
  • Violate the intellectual property or other rights of Himalayas.
  • Post anything that contains software viruses, worms, or any other harmful code;
  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
  • Imply or state that you are affiliated with or endorsed by Himalayas without our express consent (e.g., representing yourself as a Himalayas employee);
  • Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without Himalayas’ consent;
  • Deep-link to our Services for any purpose other than to promote your profile or a Group on our Services, without Himalayas’ consent;
  • Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
  • Monitor the Services’ availability, performance or functionality for any competitive purpose;
  • Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
  • Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
  • Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
  • Violate any additional terms concerning a specific Service that are provided when you sign up for or start using such Service.