These terms and conditions (“Terms”) govern the use by third party providers (defined as “you” and “your”) of SEEK APIs made available via the SEEK Developer Site: http://devportal.seek.com.au/ (“Developer Site”). Your access to, and use of the information, materials and services provided on the Developer Site is conditional upon your acceptance and compliance with the Terms. Your use of the Developer Site will be deemed as acceptance of these Terms by you.

The Developer Site is owned and operated by SEEK Limited (ABN 46 080 075 314) defined as (“SEEK”, “we”, “us” and “our”).

In these Terms:

  • “Advertiser” means a party that has placed an advertisement on the SEEK Site.
  • “Application” means a software application used and/or developed by you for the purposes of integrating with a SEEK API.
  • “Data” refers to any information sourced by your Application via a SEEK API including, without limitation, job applications and job seeker profiles.
  • “SEEK API” means any application program interface made available by SEEK on the Developer Site.
  • “SEEK Site” means www.seek.com.au or www.seek.co.nz (as the case may be).

Variation of Terms

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

Account

  1. To use the Developer Site, you must register for an account (“Account”) by sending an email to apisupport@seek.com.au In order to register, you will be required to provide the following information (in addition to any other information SEEK may require from time to time):
    1. the name of your company;
    2. details of the Advertiser/s that has engaged you;
    3. an e-mail address and phone number of the relevant contact person; and
    4. such other information as required by SEEK,
    5. (collectively, your “Identification Details”).
  2. It is your responsibility to ensure that your Identification Details are current at all times.
  3. Once you have successfully registered for an Account, SEEK will provide you with a username and password to access the Developer Site (“Access Credentials”).
  4. SEEK will use your Access Credentials to track your activity on the Developer Site. You are responsible for all activities that occur using your Access Credentials. You must ensure that only authorised persons are provided with details of your Access Credentials. You may not sell, transfer, or sublicense your Access Credentials.
  5. Successful registration of an Account does not guarantee that SEEK will consent to the use of your Application. SEEK may condition its consent to the use of your Application on any number of factors including a modification of your Application to a format or system more compatible with the relevant SEEK API. SEEK may work with you in order to achieve such an outcome, although it is under no obligation to do so.
  6. If you no longer require access to the Developer Site, you must immediately notify us via email to API Support .

Licence

  1. Subject to these Terms, SEEK grants you a limited, non-exclusive, non-assignable, non-transferable license to use the SEEK APIs to develop, test, and/or support your Application (the “License”), and to let Advertisers who have engaged you have the benefit of the integration of your Application with a SEEK API.

SEEK API Prohibitions

  1. You must not:
    1. require a candidate to provide any of their details to you, or otherwise create an account with you, as a precondition to you passing on Data in respect of that candidate to an Advertiser that has engaged you;
    2. sub-license a SEEK API for use by a third party;
    3. perform any action with the intent of introducing any viruses, worms, defects, Trojan horses, malware or any items of a destructive nature to the SEEK APIs;
    4. interfere with or disrupt the SEEK APIs or the servers or networks providing the SEEK APIs; or
    5. reverse engineer or attempt to extract the source code from any SEEK API or any related software, except to the extent that this restriction is expressly prohibited by applicable law.

Confidential Information

  1. Communications between you and the SEEK should be regarded as confidential unless SEEK expressly provides otherwise. You must not disclose confidential information to any third party without SEEK’s prior written consent. If you are unsure about whether any information that is communicated to you is confidential in nature, you should treat that information as confidential and confirm with SEEK prior to disclosure of that information.

Compliance with Terms

  1. You must comply with all applicable laws and these Terms. To the extent that they are applicable, your Application must also comply with the following terms, which are hereby incorporated by reference:
    1. SEEK Advertiser Terms and Conditions
    2. SEEK Product Terms
  2. In the event of any conflict between the content in these Terms and the above documents in relation to the use of your SEEK API, these Terms will apply.

Data Security

  1. Your network, operating system and the software of your web servers, databases, and computer systems (collectively, “Systems”) must be configured to securely operate your Application and protect the Data from misuse, interference, loss and unauthorised access, modification or disclosure.
  2. You must immediately report any security deficiencies in, or breaches of, your Systems to SEEK via email to . You must work with SEEK to immediately correct any security deficiency.
  3. In the event of any security deficiency or intrusion involving your Application, you must not make any public statements in relation to the deficiency or intrusion without prior written and express permission from SEEK. You must assist SEEK to verify your compliance with our security requirements by providing any information about your Application and/or Systems to us, which may also include access to your Application and other materials related to your use of the Application.

Your Obligations

  1. In addition to the warranties outlined in the SEEK Advertiser Terms and Conditions, you warrant that:
    1. You maintain security controls to reasonably secure your Application and to protect the Data from misuse, interference, loss and unauthorised access, modification or disclosure, including, without limitation:
      1. the use of anti-malware software on Systems providing or supporting your Application;
      2. the use of firewalls and related security controls to restrict unauthorised access to your Application and the Data from the Internet and other untrusted networks connected to the Systems;
      3. the regular maintenance and updating of security controls for your Systems;
      4. the regular monitoring of your Systems for any event that may compromise the security of your Systems, your Application or the Data; and
      5. the regular backup of your Systems.
    2. You have, and maintain, a privacy policy in relation to the Data collected by you that complies, in all material respects, with the requirements of the Privacy Act 1988 (Cth) and all other relevant privacy laws;
    3. You, and your Application complies, in all material aspects, with the requirements of the Spam Act 2003 (Cth) and all other relevant direct marketing laws;
    4. Your Application does not breach the intellectual property rights of any third party;
    5. You will not act for, or on behalf of, an Advertiser without their express written consent;
    6. You have no proprietary right, title to, or interest in the Data, and you will not use the Data for any purpose other than the transfer of said Data to the Advertiser that has engaged you;
    7. You will not copy or store any Data for any purpose other than the transfer of said Data to the Advertiser that has engaged you; and
    8. When transmitting Data to an Advertiser you will not alter, modify or amend the Data in any material way (this obligation does not restrict you however from sorting the Data in accordance with the instructions of the Advertiser).
  1. You may not assign or transfer any rights and obligations pursuant to these Terms to any other person or entity without SEEK’s prior written approval (which will not be unreasonably withheld). If you are a company, any change in your effective control shall be deemed an assignment requiring our consent under the terms of this clause.
  2. You agree to assist SEEK in verifying your compliance with obligations by providing any requested information to us that is reasonably required to ascertain your compliance.
  3. You indemnify and will keep indemnified SEEK, its officers, employees and agents against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by SEEK in connection with:
    1. any breach by you of these Terms;
    2. any negligent act or omission by you;
    3. an actual or alleged breach by you of any law, legislation, regulations, by-laws, ordinances or codes of conduct.

Rights reserved by SEEK

  1. If you do not demonstrate full compliance with these Terms, SEEK may restrict or terminate your access to the Developer Site and/or SEEK APIs.
  2. SEEK may control the use of a SEEK API by you at any time.
  3. SEEK may provide you with support or modifications for the SEEK APIs, at our sole discretion.
  4. SEEK may stop providing support or modifications to you at any time without notice or liability to you.
  5. SEEK may release subsequent versions of the SEEK APIs and require that you use those subsequent versions. Your continued use of the SEEK APIs following a subsequent release will be deemed your acceptance of modifications.

Limitation of Liability

  1. Any program or content made available to you by SEEK on the Developer Site (including, without limitation, the Data and any SEEK API) is provided to you on an “as is” basis and SEEK makes no representations about the accuracy, completeness, currency or suitability of such content.
  2. While SEEK will use reasonable endeavours to ensure that the SEEK APIs are accessible to your Application at all times (subject to standard maintenance), SEEK makes no representation that the SEEK APIs will be available on a continuous basis.
  3. To the extent permitted by law, SEEK disclaims all liability for loss, damage, cost, claim or expense (including legal expense) whether direct or indirect (such as loss of profits, loss of opportunity and loss of data) incurred by you or Advertisers due to your use of SEEK APIs, or the Data.

Termination

  1. SEEK reserves the right to, in its absolute discretion, terminate your License for any reason.
  2. Termination of our agreement with you as a result of you breaching any one or more of these Terms, will not end provisions of these Terms that are capable of surviving termination.

Miscellaneous

  1. Any written communicates between you and the SEEK API Support Team will be made via the email address provided as part of your Identification Details.
  2. These Terms constitute the entire agreement between the parties and supersede all other representations or agreements, whether written or oral, between us relating to this matter.
  3. SEEK may assign or novate rights and obligations under these Terms without your consent.
  4. If a provision of these Terms is invalid, unenforceable or illegal, that provision will be struck out and the remaining Terms will remain in force.
  5. These terms do not create a partnership, joint venture or agency relationship between us. You will not make any statement regarding your use of a SEEK API which suggests partnership with, sponsorship by or endorsement by SEEK of you or your business or product without SEEK’s prior written approval.
  6. These Terms are governed by the laws of Victoria. By accepting these Terms you 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.