Push Apply Terms, Conditions, and Privacy Policy

  1. Definitions
    In this Terms and Conditions and Privacy Policy (Terms of Use) the following words have the meanings set out below:

    Push Apply means Push Apply Pty Ltd (ACN 623 013 481).

    Push Apply Contact Details means the following:

    (a) Address: Suite 3/25 Claremont Street, South Yarra, VIC, 3141, Australia
    (b) Telephone: +61 2 8074 5357
    (c) Email: hello@pushapply.com

    Websites means any website provided by Push Apply, or any collection of pages imported into another website provided by Push Apply.

    Websites provided by Push Apply include any website with a hostname ending in "pushapply.com", and any pages linking this document.

    Content means any text, graphics, user interfaces, visual interfaces, photographs, trade marks, logos, sounds, music, artwork, computer code and other material used, displayed or available on the Websites.

    Intellectual Property Rights means any trade marks, copyright and all other intellectual property rights vesting in the Content used, displayed, or available on the Websites.

    Loss or Claim means any damage, loss (including consequential loss and loss of profit), cost, expense or liability incurred by a person, or a claim, action, proceeding or demand made against a person, however arising and whether present or future, fixed or unascertained, actual or contingent.

    Organisation means any organisation that use the Websites to advertise Opportunities (such as employment positions or courses), receive applications for those Opportunities, and use the Push Apply Websites to manage their recruitment processes.

    Opportunity means any posting from an Organisation using Push Apply software for the purposes of gathering user data.

    Personal Information has the same meaning as defined in the Privacy Act.

    Privacy Act means the Privacy Act 1988 (Cth).

    Privacy Policy means Push Apply's privacy policy contained in clause 10 of these Terms of Use.

    Registered User means any user that has completed the registration or log-in requirements to access the Push Apply system.

    Related Businesses means any "subsidiary", "holding company", "related body corporate" or "related entity" (as defined in the Corporations Act 2001 (Cth)) of Push Apply.

    Services means the services, information and resources provided by Push Apply to Users through the Websites.

    Terms of Use means these terms and conditions, including the Privacy Policy.

    Third Party Websites means websites which are not owned or controlled by Push Apply.

    User, or You means any user of the Websites.

    We, or us, or our means Push Apply

  2. General
    1. By accessing, viewing, browsing, or using our Websites in any manner, you confirm that you have read and understood our Terms of Use, you have the capacity to be bound by our Terms of Use, and you agree to be bound by them.
    2. If you have not read, or if you do not accept or understand the Terms of Use, you are not authorised to access the Websites. You further agree that we will not be liable to you for any Loss or Claim arising out of, or in connection with, your unauthorised access of the Websites.
    3. The Terms of Use may be amended from time to time. It is your responsibility to ensure that you are aware of the current Terms of Use.
  3. Use of the Websites
    1. You agree that you will not use the Websites in any manner that is unlawful, or in any manner contrary to, or prohibited by, these Terms of Use.
    2. Without limiting clause 3.1, you agree that you will:
      1. provide accurate information to us;
        2. name when creating and using your Graduate Profile;
      2. comply with all applicable laws, regulations and notices sent to you by Push Apply; and
      3. be solely responsible for your interactions and connections with other Users of the Websites.
    3. Without limiting clause 3.1, you agree that you will not, directly or indirectly:
      1. provide or upload false information, create a false identity or use or attempt to use another person's Registered User identity, as the case may be;
      2. defame, abuse, harass, stalk, threaten, breach the confidence of, or otherwise violate the legal rights (such as rights of privacy) of others;
      3. hack into any part of the Websites through password mining, phishing, or any other means;
      4. knowingly introduce viruses, Trojans, worms, logic bombs, spyware, malware or other similar material;
      5. circumvent the Websites' structure, presentation or navigational function so as to obtain information Push Apply has chosen not to make publically available through the Websites;
      6. disrupt an exchange of information between Users or otherwise act in a manner that negatively affects other Users, including through a denial-of-service attack or a distributed denial-of-service attack;
      7. transmit any unsolicited advertising or promotional materials, or any other forms of solicitation, unless expressly authorised by Push Apply;
      8. attempt to modify, reverse engineer, or reverse-assemble any part of the Websites;
      9. breach any applicable laws or regulations; or
      10. engage in any other conduct that Push Apply considers, in its absolute discretion, breaches these Terms of Use.
    4. You acknowledge and agree that the information published by Push Apply, on its Websites, does not, under any circumstances, constitute legal or professional advice.
    5. You further acknowledge that:
      1. the use of Push Apply by an Organisation including but not limited to the posting of Opportunities and receiving of job applications does not imply an endorsement or recommendation of the organisation, or the Opportunity advertised, by Push Apply;
      2. the making available of Registered User data by Push Apply does not imply an endorsement or recommendation of the person for any Opportunity available through Push Apply;
      3. whilst Push Apply uses reasonable measures to ensure the accuracy and currency of data or information made available on the Websites, it is not responsible for the accuracy or currency of such data or information supplied to it by third parties or Users and Push Apply makes no guarantee in relation the accuracy or currency of data or information made available on the Websites.
  4. Registration
    1. To become a Registered User you must:
      1. be capable of forming a legally binding contract;
      2. agree to be bound by the Terms of Use, including our Privacy Policy; and
      3. create an user account on the Websites.
  5. Intellectual Property
    1. You acknowledge that Push Apply is the proprietor, or an authorised licensee, of all Intellectual Property Rights in relation to the Content. You may not reproduce or replicate any part of the Content or of the layout or design of the Websites.
    2. Your use of the Websites does not provide you with any Intellectual Property Rights in the Websites or the Content. However, subject to your rights under our Privacy Policy, you agree to provide Push Apply with a non-exclusive, perpetual, royalty free licence to use any intellectual property that you create in the course of using the Websites, or upload to our Websites, for any purpose whatsoever.
    3. You may download and view content, or print a copy of the material on the Websites for personal, non-commercial use, provided you do not modify the content in any way, including by removing any copyright or trade mark notice.
    4. All trade marks and logos displayed on the Websites are the property of their respective owners and are protected by applicable trade mark and copyright law.
  6. Links
    1. The Websites may include links to Third Party Websites. Push Apply makes no guarantee as to the content, functionality, or accuracy of any Third Party Websites.
    2. Third Party Websites are subject to the terms and conditions outlined by that third party.
    3. Any links to Third Party Websites do not:
      1. indicate a relationship between Push Apply and the third party; or
      2. indicate any endorsement or sponsorship by Push Apply of the Third Party Website, or the goods or services it provides,
    4. If you create a link to any of the Websites, the website from which you create the link must not contain any illegal, offensive or distasteful material, including (but not limited to) material that promotes harassment or discrimination.
  7. No Liability
    1. Push Apply uses its best endeavours to ensure the accuracy of the information on the Websites, however, Push Apply assumes no responsibility for any errors or omissions in the information available on the Websites.
    2. Push Apply does not warrant or guarantee:
      1. the accuracy of the Content;
      2. that the Content will be free from viruses (including malware or spyware) or other destructive properties;
      3. that the operation of the Websites will be uninterrupted or error free;
      4. your use of the Websites will result in employment;
      5. that an advertised Opportunity will be available to you, as (among other things) a potential employer may have filled the vacancy prior to the advertisement of the position being removed from the Websites; or
        6. actual, current job vacancies.
    3. To the extent permitted by law, Push Apply is not liable to you or any third party for any Loss or Claim in connection with your use of the Websites.
  8. Indemnity
    1. You indemnify Push Apply, its employees, contractors, agents, and officers from and against any Losses or Claims arising out of or in connection with your breach of the Terms of Use, the violation or breach of any laws, or the infringement of the rights of any third party.
  9. Mobile Applications
    1. If you are accessing our Services using a mobile device or phone (device), some of the Content may be limited or restricted.
    2. You acknowledge and agree that your use of the Websites on your device may be subject to separate charges imposed by your mobile phone service provider (carrier), such as data usage charges, and phone charges, for which you will be solely responsible.
  10. Privacy Policy
    Privacy and Personal Information
    1. Push Apply respects the privacy of your Personal Information.
    2. Any Personal Information provided to Push Apply through the Websites is subject to our Privacy Policy.
    3. You agree that we may disclose any information we, in our absolute discretion, consider we are required to disclose in order to satisfy any applicable rule of law, regulation, legal process or government request.
    4. Personal Information includes information you have provided to Push Apply when registering with Push Apply and/or applying for a job, whether through completion of a job form on the Websites or through importation of profile information via a third party such (but not limited to) Grad Connection. This type of information includes, but is not limited to, your:
      • name;
      • address;
      • phone number;
      • email address;
      • location;
      • resume;
      • university attended;
      • grade average;
      • transcript
      • graduation date;
      • race;
      • ethnicity;
      • gender;
      • languages;
      • work rights; and
      • citizenship.
    5. Push Apply may use any information provided with respect to ethnicity and gender to compile statistical information. However, you should note that potential employers may also use this information in order to undertake target specific recruitment.
    6. The information collected may also include the frequency with which you use the Services, the graduate positions or courses that you apply for, and any personal correspondence to Push Apply or any Registered User through the Websites.
    7. Cookies
      Data collection devices, called "cookies", are files placed on your hard drive to collect information. Push Apply may use cookies to enhance the use of the Websites. The recording of information about your use of the Websites is useful for an overall analysis of the Websites traffic. Your browser will generally be set to automatically accept cookies.
    8. If you do not want any cookies to be placed on your hard drive, you can alter your browser settings to refuse them. However, this may also limit the way you view the Websites.
    9. Why We Collect Your Personal Information
      Our main purpose for collecting your Personal Information is to facilitate your use of the Services. However, we may also use the information we collect for the following:
      1. to provide, maintain, protect, and improve our Services;
      2. to develop new services for you;
      3. for analysis of site usage;
      4. to improve the Content offered on the Websites; or
      5. for sending you information, marketing and promotional material related to us and our Related Businesses (and you consent to our Related Businesses sending you emails for this purpose).
    10. You also acknowledge and agree that in providing Services, Push Apply will provide some or all of your Personal Information to the entities who you apply for an Opportunity.
    11. By providing your Personal Information, you agree to the use of your Personal Information in this manner. You acknowledge that Push Apply requests your Personal Information as part of the process of assisting you in applying for Opportunities provided by Organisations, and you agree that, in requesting this information, Push Apply is not acting in contravention of any laws or regulations relating to equal Opportunity or anti-discrimination, including Australia's Equal Opportunity Acts.
    12. Disclosure of Your Information
      We will disclose your Personal Information in the following circumstances:
      1. if required by law;
      2. if we believe, in our absolute discretion, it is in the public interest;
      3. to seek feedback, or monitor, or improve quality of service;
      4. to our Related Businesses;
      5. where Push Apply otherwise obtains your permission to disclose the information.
    13. We may also share aggregated, non-personally identifiable information publicly, for example, to show trends about the general use of our Services.
    14. Applying for Opportunities
      Where you choose to apply for an Opportunity advertised on the Websites, you consent to Push Apply making your Personal Information available to the Organisation providing the Opportunity, as part of the application process.
    15. Disclosure to Overseas Recipients
      Push Apply may disclose your Personal Information to overseas recipients, including (but not limited to) Organisations in the following countries:
      1. New Zealand;
      2. Singapore;
    16. You acknowledge that recipients of your Personal Information in the above countries may not be subject to privacy laws that are similar, or equivalent to, the Privacy Act. Where you have applied to an Organisation in these jurisdictions, you consent to your Personal Information being provided to recipients in these jurisdictions.
    17. You also acknowledge that Push Apply may transfer or disclose your Personal Information to its Related Businesses overseas.
    18. Security
      While Push Apply limits access to your Personal Information to Organisations that you apply for Opportunities with, you agree that no transmission of data over the Internet is guaranteed as wholly secure and that any information you provide to us through the Internet, including via email, is at your own risk. You agree that, even though Push Apply uses its best endeavours to secure your Personal Information, such as email encryption, we cannot guarantee that any information sent or accessed electronically is secure.
    19. You must also assist us in keeping your Personal Information secure by maintaining the confidentiality of your account password and notifying us immediately if there is any unauthorised use of your account by any other Internet user, or any other breach of security relating to your account.
    20. Push Apply discloses your Personal Information to the Organisations who post Opportunities you apply for. The use of your Personal Information by these third parties is not within the control of Push Apply and we cannot accept responsibility for the conduct of these third parties.
    21. Links
      The Websites may contain links to Third Party Websites. Push Apply is not responsible for the information on these sites, or their privacy policies. Push Apply may keep track of your interaction with links provided on the Websites in order to improve services and to aggregate statistics.
    22. Accessing and Amending Personal Information
      Unless you become a Registered User, Push Apply does not collect information that identifies you personally. Subject to the exceptions listed in the Privacy Act, you have the right to access your personal information that is in the custody or control of Push Apply.
    23. If you wish to access Personal Information about you that is not available via the Websites, please contact us using the Push Apply Contact Details and we will use our best endeavours to provide the information within 10 business days of receiving your request. Please note that we may charge a fee to cover the cost of meeting your request.
    24. If we refuse your request we will provide you with reasons for our refusal within 20 business days.
    25. Complaints
      If you believe that the privacy of your Personal Information is not effectively protected, or if you are concerned that your privacy has been compromised through the dissemination of your Personal Information, please contact us using the Push Apply Contact Details.
  11. Assignment
    1. We may at any time, and without the need for further consent from you, assign or transfer all or any of our rights or obligations under these Terms of Use to any person.
    2. You may not assign or transfer any of your rights or obligations under these Terms of Use without obtaining our prior written consent.
  12. Content Amendments
    1. We may amend, remove, alter or vary any of the Content at any time, without prior notice to you.
  13. Severability
    1. If any invalid, unenforceable, or illegal provision of these Terms of Use would be valid, enforceable and legal if some part of it were deleted, the provision will apply with the minimum modification necessary to make it legal, valid and enforceable.
  14. Termination
    1. We reserve the right to terminate your access to these Websites, or any of its features or any of the Services:
      1. at any time and without any prior notice, if you have breached these Terms of Use; or
      2. at our discretion, giving 24 hours written notice (including as an announcement on the Websites).
  15. Amendments
    1. We may amend these Terms of Use from time to time. If we do, the amended Terms of Use will be published on the Websites. You agree that it is your responsibility to check for updates to our Terms of Use. You further agree that your continued use of the Websites is acceptance of our amendments to the Terms of Use.
  16. Applicable Law
    1. These Terms of Use, and any dispute or claim arising out of, or in connection with them, will be governed by and construed in accordance with the laws of Victoria in Australia.
    2. You irrevocably agree that the courts of Victoria will have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, these Terms of Use.