MyLocalJobs Platform – Terms of Use

Last updated: August 2026

These terms (Terms) apply to your use of the MyLocalJobs platform at https://mylocaljobs.com.au/ (including all related services made available via that platform) (collectively, the Platform), which is owned, operated or otherwise provided to you by Metcash Services Company Pty Ltd (ABN 85 691 110 399) and its related bodies corporate (collectively, Metcash, we, our or us).

By using the Platform (including by creating an Account), you agree to be bound by the Terms.

Please read these Terms carefully when accessing or before using the Platform. Any capitalised terms used have the meanings given in section 23 (Definitions) or elsewhere in these Terms.

If you do not agree to the Terms, you must immediately stop using the Platform.

1. Acceptance and Acknowledgement

You acknowledge and agree that you are responsible for ensuring all persons who access or use our Platform on your Device(s) are aware of these Terms and their obligation to comply with these Terms.

These Terms apply to all Users and browsers of the Platform, including Job Seekers and Employers, regardless of whether you have created an Account.

The Platform may be accessed and used only by individuals who can form legally binding agreements under applicable laws, being individuals who are at least 15 years of age or older.

Job Seekers: If you are an individual who is under the age of 18 years old, by clicking on and selecting the tick-box “I agree” on these Terms, you represent that you have your parent or legal guardian’s explicit permission and consent to access the Platform and/or create an Account. Please have your parent or legal guardian read these Terms with you. If you are a parent or legal guardian, and you allow your child under the age of 18 years old to access the Platform and/or create an Account, then these Terms apply to you and you are solely responsible for your child’s activity on the Platform and the Account and you agree to be bound by these Terms on the child’s behalf. The terms “you” and “your” in these Terms means you as an individual parent/guardian together with your child, unless otherwise stated or the context does not permit.

By using and/or accessing the Platform, you:

agree to be legally bound by these Terms; and
represent and warrant that:
1. you have the right, authority and capacity to enter into these Terms on behalf of yourself and/or any person (including a child) or entity that you represent; and
2. you are legally permitted to access and use the Platform under all applicable laws.

2. Accounts

Where you are 15 years and older, you will need to create an Account with us in order to access certain parts of our Platform.

Where you are required to register in this way, we will send you a link that allows you to activate an Account that we have set up for you. You may only activate and/or register for an Account:

in your own name (as a Job Seeker); or
in the name of your business (as an Employer).

Job Seekers under the age of 15 years old, and Employers under the age of 18 years old, are unable to create an Account on the Platform.

For Employers: If you are an individual using the Platform and/or entering into these Terms on behalf of a business (whether a corporation, partnership, registered business, society, unincorporated association, or other business entity) (Business):

the terms “you” and “your” in these Terms means you as an individual together with the Business, unless otherwise stated or the context does not permit; and
by using the Platform, you hereby represent and warrant that you are duly authorised to act on behalf of the Business and to bind the Business to these Terms.

To set up an Account to be a registered user of the Platform, you will need to provide us with your Personal Information, including:

where you are a Job Seeker – your full name and email address, month and year of birth, contact details and other information relating to your applications on the Platform;
where you are an Employer – your company name and email address, month and year of birth, contact details and other information relating to your advertisements on the Platform.

Please see section 14 (Privacy) of these Terms, the relevant Privacy Notice and the Metcash Group – General Privacy Policy (Privacy Policy) for further information about how we handle your Personal Information.

You must not provide false information or provide another person’s Personal Information to register an Account.

The security of your password is important, as it can be used to access your Personal Information and other information stored on your Account. You must keep your password, and any record of it, confidential and keep it secure from any unauthorised access, disclosure or use.

You are responsible for all activity and communications on your Account, regardless of whether you authorised that activity or communication. Any activities and communications carried out under or pursuant to your Account will be deemed to be carried out by you. Metcash is not, and will not be, responsible for controlling or monitoring the use of your Account.

You must take all such actions as are necessary to maintain the security of your Account, including using a strong password, regularly changing your passwords, not re-using passwords across platforms, and keeping your password confidential. You must immediately notify us of any unauthorised access to, disclosure or use of your Account, and you must take immediate steps to re-secure your Account in the event of any such unauthorised access, disclosure or use.

You must be at least 15 years of age as a Job Seeker, or at least 18 years of age as an Employer, to create an Account on the Platform. By creating an Account, you represent and warrant that you meet the relevant age requirement. We reserve the right to request verification of your age at any time and to suspend or terminate your Account if we reasonably believe you do not meet the minimum age requirement.

3. Providing information to us

You agree to provide current, complete and accurate information for your Account and for its use on the Platform, and to promptly update your information so that we can maintain and manage our supply of the Platform to you, including to contact you as and when needed.

We may (but are not obliged to) keep any records or back-ups of the information you give us, or that you may store on the Platform, and/or that we may provide you access to through the Platform. However, you must keep and maintain a separate back-up copy of the information that you give to us if you wish to have access to it in a different format or if you wish to have ongoing access to it.

4. Devices

Not all Devices may be able to access and use the Platform. You are responsible for using, having or obtaining a compatible Device in connection with any access and use of the Platform.

You acknowledge and agree that we are not responsible for the inability of a Device to access the Platform, or any loss or damage to a Device from your access and use, or attempted access and use, of the Platform.

5. Analytics, cookies and other digital technologies

You acknowledge and agree we may use analytics on, or engage third party data analytics service providers for, the Platform which enables us to track your activity on the Platform, monitor usage patterns, and generate insights for the purposes described in our applicable Privacy Notice. If you do not want us to access, collect or use your Personal Information for this purpose, you may stop using the Platform and close any Account you have with us.

Such analytics may involve the use of digital technologies such as cookies, device identifiers, pixels, location services, and web beacons and, where such technologies collect personal information, our Privacy Policy applies to our handling of that information. We may also use cookies and other digital technologies for a range of other purposes, including sending or displaying advertising on Metcash and third-party websites, apps and digital platforms.

For more details about how we use cookies and other digital technologies and how you can opt out, please see our Privacy Policy.

6. Third Party Websites

We may include links to third party websites and content on the Platform. These links and content are provided for your information only and your access to such websites or content is at your own risk. We have no control over the content of third party websites and they do not form part of the Platform. We disclaim and exclude all liability and responsibility for any loss or damage that you may suffer as a result of your access to or use of, or attempt to access or use, any third party websites or content.

7. Our Fees, including Cancellation and Refunds

Unless otherwise specified, Job Seekers will be able to access the Platform (including to create a Profile, apply for jobs, or upload Content) free of charge.

Employers accessing the Platform will, however, be required to pay a Fee as notified and/or set out on the Platform on a per post basis (see www.mylocaljobs.com.au/pricing).

All Fees are stated in Australian dollars (AUD) and are exclusive of GST unless otherwise indicated. Where GST applies, it will be added to the Fees in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Users must pay all Fees by the due date specified on the relevant invoice or at the time of purchase. Payment may be made by credit card, debit card, or such other payment methods as we make available on the Platform from time to time. You are responsible for ensuring that your payment details are current, complete, and accurate.

We may vary our Fees from time to time. Updated Fees will apply to new purchases occurring after the effective date of the change.

Except to the extent required by applicable law (including the Australian Consumer Law) and as expressly set out in these Terms, we do not offer refunds, including any change of mind refunds. However, in certain circumstances where a refund may be appropriate, we may choose to offer one (at our sole discretion), offer you alternative remedies, including an extended time period for the display of an applicable advertisement or post, or we may be required to offer a refund under applicable laws. In the case where you are offered a refund, the refund will be applied to the original payment method. This provision does not affect your statutory guarantees available under Australian Consumer Law.

If a job posting or advertisement is removed by us as a result of or arising out of any breach of these Terms or of applicable law, no refund or credit will be provided.

You are responsible for all taxes, duties, and government charges applicable to your use of the Platform. We may use third-party payment processors to facilitate transactions on the Platform. Your use of such payment processing services is subject to the applicable third party’s terms and conditions and privacy policy, in addition to these Terms.

8. Acceptable Use

You agree that you will not, at any time:

use the Platform to solicit, access, generate, submit, post, display, upload, share, transmit, distribute, store, or otherwise make available or provide any Prohibited Material;
use the Platform in breach of our Community Guidelines;
post any unsolicited commercial messages or spam on or using the Platform;
post any Content (in any format), or take any action, that infringes or violates another person or entity’s rights or otherwise violates the law. You warrant that all material posted is your original work and is not sourced from anyone else;
impersonate anyone else when accessing or using the Platform;
access or use the Platform in a manner which could interfere with the Platform or the access to and use of the Platform by other Users;
attempt to manipulate or bypass any limitations on the Platform including by doing anything that imposes an unreasonable or disproportionately large load on the Platform or any network or website connected to the Platform;
access data not intended for you or log into a server or account which you are not authorised to access;
post or submit to the Platform, any inaccurate, incomplete, misleading, false, or not up-to-date information or information which is not your own;
post AI-generated or manipulated media that materially misleads or harms;
harass, incite harassment or advocate harassment of, any group, company or individual;
access or use the Platform for any improper or unlawful purpose including to transmit or post defamatory, harassing, indecent, offensive, abusive, threatening, inappropriate or unlawful communications;
post any Content or material that facilitates, promotes or endorses scams, false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these Terms;
do (or omit to do) anything that may jeopardise the security of the Platform or access to the Platform. This includes posting any material that contains viruses or other computer codes, files or programs that are designed to limit or destroy the functionality of other computer software or hardware;
resell, sub-license, resupply or otherwise make available your Account or your access to the Platform to a third party;
use any Profile or related data to build or train machine-learning or AI models;
remove or tamper with any copyright, trade mark or other proprietary notice of ours or any other entity on the Platform;
contact Profile owners for marketing or promotional purposes unless they have clearly opted in;
without limiting any of the foregoing, use our Platform for any unlawful purpose or illegal activity, or transmit, post or submit any Content that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, harassing, abusive, hateful, racist, illegally discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, or anxiety, could cause harassment to any person or includes any links to pornographic, indecent or sexually explicit material of any kind, as determined at our discretion;
post any Profile which is not a genuine Profile, and/or which attempts to advertise or promote products or services;
collect any User information using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior consent, or use any method or process to consolidate or combine User information with any other content, data, information, images or material; or
copy, reproduce, translate, decompile, disassemble or reverse-engineer the Platform or any Content.

9. Fair Use of our Platform

You must use our Platform in a fair, responsible and lawful manner.

We may, acting reasonably, limit, suspend or terminate access to our Platform in accordance with section 20 (Termination) where we reasonably believe your usage exceeds what a reasonable person would consider fair use, or where your activity may pose a legal, security or operational risk.

If you are an Employer, you must use our Platform within any applicable usage limits, credit limits or entitlements associated with your Account. You must not use, or attempt to use, our Platform in excess of your applicable entitlements, whether or not our Platform technically restricts such use. Where we determine that your usage exceeds your applicable entitlements or is otherwise not consistent with fair use, we reserve the right to take any action available to us.

10. Terms Specific to Employers

As a user of the Platform as an Employer, you must use the Platform and the information received on the Platform solely to:

post and update your company Profile and information about job openings in your Business;
review information about Job Seekers for the purpose of assessing their suitability for the job openings; and
communicate with Job Seekers for the purpose of assessing their suitability for the job openings and hiring a suitable Job Seeker; and
for no other purpose.

Without limitation, extracting, scraping, or otherwise retrieving data on the Platform for purposes other than hiring a candidate for a job opening, including for analysis, data aggregation, or commercial exploitation, is expressly prohibited.

Employers are fully responsible for making suitable job postings, assessing Job Seekers, and hiring their preferred Job Seeker in accordance with all applicable laws.

Metcash is a digital intermediary platform provider only, that connects Employers and Job Seekers based on the information they have provided on the Platform. As a platform provider, Metcash takes no responsibility and has no liability or risk for any of the following:

the success or otherwise of any postings or hiring, including that Employers will be able to fill any or all job openings using the Platform, that Job Seekers matched to the Employers will meet the Employers’ requirements or expectations or that a hire will be successful;
the veracity or accuracy of information, details, or any claims made by Job Seekers. In particular, Metcash does not, and is not in any way responsible for conducting background checks, skill verification checks, reference checks or other employment-related checks on Job Seekers, and Employers bear full responsibility for such checks and reviews;
the legality of hiring any Job Seeker, including that the Job Seekers have or will be granted the necessary employment permits or visa to work in Australia. Employers bear full responsibility for compliance with all applicable laws and regulations throughout the recruitment and hiring process, including on job postings, and in their employment of Job Seekers;
resolution of disputes between Employers and Job Seekers, each of whom are solely responsible for resolving their own disputes; and/or
any similar or analogous event or circumstance.

As an Employer, when creating or adding any Content to your Profile, and/or by uploading a job posting or advertisement, you authorise Metcash to make it (and all related information) available to all potential Job Seekers engaged on the Platform via automated processing. Your Profile includes any information you provide in the “Profile” section of your Account, including your Business name, contact details, job descriptions and advertisements, which is considered included in your Profile with your explicit permission.

You must ensure the Content on your Profile or that you otherwise make available through the Platform, including all job postings, advertisements and all communications on the Platform, is and remains at all times accurate, complete, up-to-date and not misleading, inaccurate, false, defamatory, infringing or otherwise unlawful in any way or in breach of these Terms (including the Community Guidelines).

Without limiting any other right or obligation under these Terms, in the event that you breach this section 10, we reserve the right, in our sole discretion, to require you to modify and/or remove any Content and to suspend and/or terminate your use of the Platform at any time.

11. Specific Terms for Job Seekers

As a user of the Platform as a Job Seeker, you must use the Platform and the information received on the Platform solely to:

post and update your professional Profile;
review job openings and advertisements posted by Employers;
communicate with Employers to assess the suitability of your employment for that job opening or advertisement; and
for no other purpose.

Without limitation, extracting, scraping, or otherwise retrieving data on the Platform for purposes other than seeking employment, including for analysis, data aggregation, or commercial exploitation, is expressly prohibited.

Job Seekers are fully responsible for making suitable Profile postings, assessing Employers, and securing employment in accordance with all applicable laws.

your success as a Job Seeker or the success or otherwise of any postings or hiring, including that you will be able to find suitable employment using the Platform, that your Job Seeker Profile has or will be highlighted to all potential Employers, or the success of any employment;
the veracity or accuracy of information, details, or any claims made by Employers. In particular, Metcash does not, and is not in any way responsible for conducting verification or reference checks on Employers, and Job Seekers bear full responsibility for such checks;
your Job Seeker ability or right to work in Australia, including that you will be granted any necessary employment permits or visas to work in Australia or for the relevant Employer. As a Job Seeker, you bear full responsibility for compliance with all applicable laws and regulations throughout your job search and employment;
resolution of disputes between Employers and Job Seekers, each of whom are solely responsible for resolving their own disputes; and/or
any similar or analogous event or circumstance.

As a Job Seeker, when creating or adding any Content to your Profile, for example by uploading a file, submitting an image or video, you authorise Metcash to make it (and all related information) available to all potential Employers engaged on the Platform via automated processing. Your Profile includes any information you provide in the “Profile” section of your Account, including your photo or image, information about your credentials, certifications, demographics, and work preferences, and other information that you voluntarily provide, which is considered included in your Profile with your explicit permission.

You must ensure the Content on your Profile or that you otherwise make available through the Platform, including all communications on the Platform, is and remains at all times accurate, complete, and up-to-date and not misleading, inaccurate, false, defamatory, infringing or otherwise unlawful in any way or in breach of these Terms (including the Community Guidelines).

Without limiting any other right or obligation under of these Terms, in the event that you breach this section 11, we reserve the right, in our sole discretion, to require you to modify and/or remove any Content and to suspend and/or terminate your use of the Platform at any time.

By providing your mobile phone or other contact number in your Profile, or by including it in materials sent to Employers on the Platform, you agree that this mobile phone or other contact number may be shared with Employers and you also agree that Employers may be provided the ability to contact you through the Platform. When you create a Profile as a Job Seeker, you authorise the transmission of your applications and all related information and materials relevant to a specific job posting to the relevant Employer via automated processing. Before submitting your application for any job posting or advertisement, you should review all information, including attached files, to ensure the accuracy and completeness of your application and attached files for your desired job application. You are solely responsible for the content of your application and all of its related information and materials, and the content of your Profile.

12. Availability, support and updates

You acknowledge that the Platform may be hosted, managed, maintained and supported by us, or a third party cloud-based provider appointed by us.

Whilst we will use commercially reasonable efforts to ensure the Platform is available 24 hours a day, 7 days per week, the Platform may become unavailable or inaccessible from time to time for any maintenance, Updates (which we or our third party provider may make at any time) or as a result of events beyond our reasonable control. If that happens, we will use commercially reasonable efforts to overcome the circumstances or mitigate their effects, and to resume full operation of the Platform as soon as reasonably practicable.

Where we become aware of a significant disruption to the Platform that materially affects your ability to access or use the Platform, we will notify you of the disruption as soon as reasonably practicable to do so.

13. Security

We will use commercially reasonable endeavours to ensure that the Platform is subject to security measures that are consistent with accepted industry standards. However, you accept that the Internet is not a fully secure environment, and we cannot guarantee that the Platform will be secure, error free, uninterrupted or timely or that the Platform is free of viruses, bugs or other harmful applications or interference. You:

provide information to us through the Platform at your own risk; and
are responsible for implementing sufficient procedures and virus checks to satisfy your own requirements and safeguard your own Device.

14. Privacy

Your privacy is important to us. We may request, or you may provide, Personal Information when you use our Platform. How we collect, use and disclose your Personal Information is set out in our applicable Privacy Notice and Privacy Policy.

By providing your Personal Information to us through the Platform and by using the Platform, you understand that:

your Personal Information will be collected, used, and disclosed in accordance with our applicable Privacy Notice, Privacy Policy and these Terms; and
we will use your Personal Information to send you communications electronically for the purposes of complying with our obligations under these Terms.

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. For clarity, this section is subject to our obligations regarding email or SMS communications in Australia.

We will only send you marketing material by email or SMS communications if you have given us permission to do so. You have the right to opt out of email or SMS marketing at any time. Further, where we send you an email or SMS communication other than a communication containing no more than factual information (for example, an email advising you that these Terms have changed), we will give you the option of not receiving further communications of that nature which will allow you to opt out of receiving email or SMS communications containing marketing material at any time.

As per section 5 (Analytics, cookies and other digital technologies) of these Terms, we may also send or display advertising on Metcash and third-party websites, apps and digital platforms using cookies and other digital technologies. For more detail about this and how you can opt out, please see our Privacy Policy.

If you become aware of or suspect any misuse or loss of, or unauthorised access to or disclosure of, Personal Information in connection with the Platform, you must let us know immediately by contacting us at privacy@metcash.com.

15. Intellectual Property Rights

We own or licence all right, title and interest in and to the Platform, including all Intellectual Property Rights subsisting in the Content. Any rights not expressly granted to you in the Terms are reserved for us.

We grant you a non-exclusive, non-transferable, non-sub-licensable, revocable licence to:

use the Intellectual Property Rights in the Platform, Content and any Updates for the purposes of using the Platform in accordance with these Terms; and
print pages and Content from the Platform for the authorised business purposes set out under these Terms only.

You must not, without our prior written consent and the consent of any other owner of relevant Intellectual Property Rights, broadcast, republish, upload to a third party website, transmit, post, distribute, show or play in public, adapt or change in any way any part of the Platform, the Content or any post contained on the Platform, for any purpose, unless otherwise provided by these Terms.

You grant us a non-exclusive, worldwide, non-transferable, sub licensable, revocable, royalty-free licence to:

use, copy, reformat, reproduce, edit or translate your User Content (which may include your posts and contributions) for the purposes of providing the Platform in accordance with these Terms or otherwise exercising our rights under these Terms;
use your User Content (which may include your posts and contributions) to produce de-identified and aggregated research, analytics and databases that do not identify you or any other individual (Derived Data). As between the parties, we own all right, title and interest in such Derived Data (excluding any underlying User Content incorporated in identifiable form); and
use, copy, reformat, reproduce, edit or translate your User Content (which may include your posts and contributions) to market or advertise our products and services (provided that our use of your identifiable information will only be with your prior consent). This includes any testimonials, images, video recordings, feedback or other statements you provide (where you have expressly consented to such use).

You consent to any act (including our rights to edit, reformat or translate) under the above (a)–(c) that might otherwise infringe your moral rights to the extent that your User Content attracts moral rights under the Copyright Act 1968 (Cth).

In the case of subparagraphs (b) and (c) above, this licence does not extend to the content of private messages sent via the Platform, which we will only access, use or disclose in accordance with these Terms, our Privacy Policy, Privacy Notice and applicable laws.

You may revoke this licence at any time by deleting your Account or your User Content, after which we will cease using your User Content (other than Derived Data already created in de-identified form, and marketing material with your consent) within a reasonable period.

However, such revocation does not prevent us from taking any steps which are reasonably necessary for us to:

protect the safety of our Users;
ensure compliance with applicable legal or regulatory obligations, including our obligations under the Online Safety Act or any applicable industry code or standard under that Act, or any court/tribunal orders;
investigate and take appropriate action in relation to any actual or potential breach of these Terms (including our Community Guidelines), including in response to any User complaint or report; or
establish, exercise or defend a legal or equitable claim.

16. Our Reports and Complaints Handling Procedure

If you become aware of any material, communication or conduct on the Platform that you believe may breach, or is reasonably likely to result in a breach of, these Terms, including our Community Guidelines, is Prohibited Material, or is otherwise harmful, offensive, unlawful, or poses a safety risk, you may report it or make a complaint by:

contacting us directly at complaints@mylocaljobs.com.au; or
using the in-Platform reporting function (this function can be accessed by clicking the “Report” button that appears on or near a job advertisement, message thread, Profile, Business page or other relevant page).

You do not need to hold an Account on the Platform to make a report or complaint.

When you make a report or submit any complaint under this section:

your identity will remain confidential and will not be shared with other Users by Metcash at any point in time without your prior express consent;
you will receive an automatic acknowledgement and reference number;
our team will review, investigate and take appropriate action in a timely manner in accordance with these Terms, our policies and procedures, and our broader obligations and requirements under applicable laws, including the Online Safety Act. Such action may include (but is not limited to) exercising our contractual rights under these Terms to remove Prohibited Material from the Platform, temporarily suspending or permanently terminating an Account for any breach of these Terms arising from Prohibited Material, or any combination of these and other available actions open to us under applicable laws;
we will communicate the outcome of your report or complaint to you in writing within a reasonable time (noting that exact timing may depend on a range of factors including the severity of the relevant report or complaint);
you have a right to request a review of the outcome of any report or complaint; and
you have a right to escalate any report or complaint to the eSafety Commissioner, as the appointed regulator under the Online Safety Act.

You acknowledge that we may be required by law to disclose information about you, your Account, and/or your User Content (including communications that you have sent, and material that you have posted, on the Platform) to regulatory or law enforcement bodies, which include the eSafety Commissioner and the Australian Federal Police, including where you have breached these Terms and/or made Prohibited Material available through the Platform.

As owner and operator of the Platform, we must comply with any lawful direction, notice, or information request issued under applicable laws, including laws applicable to us as a digital intermediary (including without limitation the Online Safety Act) and related laws, and we may be required to do so without notifying you, including where this is required by law, or where notification could compromise any investigation.

For clarity, the eSafety Commissioner is Australia’s independent regulator for online safety. The Commissioner’s role includes promoting online safety for all Australians, administering the Online Safety Act, and investigating complaints about unlawful and harmful material and online service provider compliance.

How to refer a matter to the eSafety Commissioner

If you:

become aware of any Prohibited Material on the Platform that you reasonably believe breaches these Terms, our Community Guidelines, or is otherwise harmful, offensive, unlawful, or poses a safety risk;
are not satisfied with the outcome of a report or complaint made via our Reports and Complaints Handling Procedure; or
wish to report or complain about any other matter directly to the regulator,

you may do so directly with the eSafety Commissioner using the details below:

Office of the eSafety Commissioner
General Phone Line: 1800 880 176
Email: enquiries@esafety.gov.au
www.esafety.gov.au/report

To report any Prohibited Material (including cyberbullying, cyber abuse, image-based abuse or illegal and restricted online content) you may use their online report forms: How to report abuse or content to eSafety | eSafety Commissioner.

You do not need to have first complained to us before referring a matter to the eSafety Commissioner.

17. Limitation of Liability

Nothing in these Terms excludes or attempts to exclude your Non-Excludable Rights as a consumer under the Australian Consumer Law.

Neither we, nor you, are liable to the other for any Consequential Loss arising out of or in connection with these Terms or the Platform.

To the extent permitted by law, if any Non-Excludable Right is imposed and we are able to limit its liability, then our liability to you for any damage, loss, cost, expense or liability arising out of, or as a result of, your use of the Platform will be limited to:

supplying the services again; or
paying the cost of having the services supplied again.

You acknowledge that any action we take to exercise our rights under these Terms, including removing Prohibited Material, temporarily restricting access to or permanently deleting your Account, or complying with a direction of the eSafety Commissioner or other regulatory authority, does not give rise to any claim by you against us for loss or damage, including loss of data, loss of access, reputational harm or otherwise and that such action is reasonably necessary for us to protect our legitimate interests including our interests in reducing and/or mitigating the risks of Prohibited Material, including illegal online content, being posted or otherwise arising on the Platform.

18. Warranties

To the extent permitted by law, the Platform is provided on an ‘as is’ and ‘as available’ basis, without any warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of accuracy or reliability, title, merchantability, fitness for a particular purpose or non-infringement, or any other warranty, condition, guarantee or representation.

To the extent permitted by law, we do not warrant and have no liability to any party (including to you) in relation to:

the accuracy, completeness or reliability of information available through the Platform;
the safety, security, availability or functionality of the Platform;
any websites provided by third parties; or
services not provided by us,

except as otherwise provided under these Terms. You acknowledge that the above disclaimer is reasonably necessary to meet and protect our legitimate business interests in the Platform and to reduce and/or mitigate the risks of Prohibited Material, including illegal online content, being posted or otherwise arising on the Platform.

Nothing in this section excludes, restricts, or modifies your Non-Excludable Rights under the Australian Consumer Law or any other applicable legislation that cannot be excluded, restricted, or modified by agreement.

19. Indemnity

To the extent permitted by law, you will be liable to us for any damage, loss, cost, expense or liability we may suffer due to any claim, demand or action of any kind that is brought against us arising directly or indirectly because you:

did not observe your obligations under, or have breached, these Terms, including where you post (or cause to be posted), or otherwise make available through the Platform, any Prohibited Material; or
acted wilfully, unlawfully, negligently or fraudulently in connection with the Platform.

This indemnity will not apply to the extent that the relevant claim, demand or action under this provision was caused or materially contributed to by Metcash or any of our personnel.

20. Termination

We may limit, suspend or terminate your access to and use of the Platform and de-activate your Account, if we reasonably believe you are:

engaging in unlawful or inappropriate conduct (including posting, causing the posting of or otherwise providing any Prohibited Material) while using the Platform;
using our Platform in a manner that violates these Terms (including the Community Guidelines) or may interfere with other Users’ access to or enjoyment of the Platform;
using the Platform in a manner that may compromise the security, performance or availability of our systems or IT environment;
in breach of any of your obligations under these Terms and you fail to remedy such breach within fourteen (14) days of us notifying you of the relevant circumstances of the breach.

You acknowledge and agree that you may lose saved data (such as information you provide through the Platform) if we limit, suspend or terminate your access to and use of the Platform and, to the extent permitted by law, we are not responsible for any such loss of data.

Right of Appeal

You have the right to request a review of any termination or suspension of your Account or your access to and use of the Platform, or any other action taken by us, that arises as a result of your breach of section 8 (Acceptable Use) of these Terms.

If you are dissatisfied with the outcome of this review, you can appeal to the eSafety Commissioner under the procedure set out under section 16 (Our Reports and Complaints Handling Procedure) of these Terms.

You may terminate your use of the Platform at any time by deleting your Account and/or immediately stopping your use of our Platform.

21. Disclaimer

Metcash is a digital intermediary as a platform provider only. It is not an employer, employment agent, or recruiter, and does not verify or guarantee the accuracy of job advertisements or Profiles. Metcash makes no representation as to the suitability of Job Seekers or legitimacy of Employers, and Users are responsible for conducting their own due diligence. Metcash is not a party to any employment contract formed via the use of the Platform.

22. General

These Terms are governed by the laws of the State of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of that State.

These Terms contain the entire agreement between you and us in relation to your access to and use of the Platform and also supersede any prior agreements between you and us.

If we waive any rights available to us under these Terms on one occasion, this does not mean that we will waive those rights on any other occasion.

If any portions of these Terms are found to be invalid, unenforceable or illegal for any reason, those portions will be excluded to the minimum extent required by the law and the remaining Terms will continue in full force.

We may update, change or replace (collectively, change) any part of these Terms from time to time at our discretion. Such changes will be effective when posted on the Platform. You can always find the most up-to-date version on our Platform. It is your responsibility to check the Platform periodically for changes. Your continued use of the Platform after a change to these Terms will be taken to be acceptance of such changes. These Terms also include all additional terms, conditions, guidelines, policies, instructions and notices that are referred to or otherwise published on the Platform by us from time to time and are incorporated by reference into these Terms.

23. Definitions

Account means a user account to access and use the Platform, including the Profile.
Australian Consumer Law means the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
Community Guidelines means the standards and guidelines set out at www.mylocaljobs.com.au/community-guidelines.
Consequential Loss means any special, incidental, punitive, exemplary, indirect or consequential losses, as well as business interruption losses, loss of revenue, loss of anticipated savings, loss of profits, loss of goodwill, loss of reputation, loss of interest or business opportunity, costs of procurement or substitution of goods, technology or services, and loss of information or data (including the costs of recovering or reconstructing any lost or corrupted data).
Content means any data, text, images, reviews, audio, video, or other materials in electronic format (which may include software) that a Job Seeker or Employer generates, submits, posts, displays, uploads, shares, transmits, distributes, stores or otherwise makes available or provides through their Profile or the Platform.
Device means a computer, tablet and/or mobile phone.
Employer means an individual or organisation using the Platform to post job advertisements, make information available regarding employment opportunities or employment openings, seek Job Seekers, or otherwise obtain information related to hiring or human resources, on their own behalf or another’s. This includes agencies acting for multiple parties and employment agencies, and any authorised user managing or using an Employer’s account or acting on behalf of an Employer.
Fees means any amounts payable by an Employer for access and use of the Platform as set out at www.mylocaljobs.com.au/pricing.
Intellectual Property Rights means any intellectual property rights anywhere in the world, whether or not now existing, including rights in relation to copyright (registered or unregistered), inventions (including patents, innovation patents and utility models), confidential information, technical information and know-how, registered and unregistered designs, registered and unregistered trade marks, circuit layout rights and rights in databases.
Job Seeker means an individual searching for or applying for employment openings, or using or accessing services or information or posting information on the Platform and Account related to their personal employment or job search.
Non-Excludable Rights means certain rights, consumer guarantees, warranties and remedies relating to the Platform that are implied by the Australian Consumer Law which cannot be excluded, restricted, qualified or modified by us.
Online Safety Act means the Online Safety Act 2021 (Cth).
Personal Information has the meaning set out in the Privacy Act.
Platform means the online MyLocalJobs platform available at https://mylocaljobs.com.au/.
Privacy Act means the Privacy Act 1988 (Cth).
Profile means individual profiles created by Job Seekers or company profiles created by Employers on our Platform.
Prohibited Material means material (including AI-generated material) that:
1. involves cyber abuse of an Australian adult, cyberbullying of an Australian child or non-consensual sharing of intimate images of another person;
2. depicts, describes, incites, promotes or instructs in child sexual exploitation, terrorism or the doing of a terrorist act, crime and violence, including sexual violence and animal cruelty, pornography, bestiality, paedophilia, drug use, or self-harm or suicide; or
3. is otherwise unlawful or age-restricted material under the Online Safety Act or any industry code or standard registered under that Act.
Reports and Complaints Handling Procedure means the procedure set out under section 16 (Our Reports and Complaints Handling Procedure) of these Terms.
Update means an update or modification to the Platform, which may include changes for maintenance, addition or removal of features or functionality, or redesign, of the Platform.
User means any party that accesses or uses the Platform, including Job Seekers and Employers.