INTRODUCTION

RMIT University Vietnam LLC (“Institution”) has authorised you (the “Employer”) to access this website (the “Service”) for the purpose of posting relevant, suitable and accurate vacancies to this Institution’s careers platform (the “Career Centre”). This Service is provided by Access UK Limited trading as Abintegro – a company incorporated and registered in England with company number 02343760, and with registered office at The Old School, School Lane, Stratford St Mary, Colchester, Essex, CO7 6LZ ("we", "us" or "our"). If you have any questions about the following terms and conditions, please contact your representative at the Institution or us using the address above, or your administrator.

Registered students and graduates develop their employability on the Institution’s Career Centre and can discover companies that are recruiting and apply to any posted job vacancies. This Service allows you, as an Employer, to publish job vacancies and to create a company profile on the Career Centre.

Depending on the situation, your use of the Service, and any company profile and job vacancies you add, will either be posted to this Institution’s Career Centre or, if your company is a customer of ours, distributed to all our institutions’ Career Centres. By registering with an Institution, you will be appointed as an Employer of the Institution. If you register directly with us, you will be appointed as an Employer of us. In all cases, the Employer Terms apply to the use of the Service which you agree to observe by accepting them.

ACCEPTANCE OF TERMS

These employer terms of use, including the documents referred to in these terms (together, "Terms"), govern your use of the Service provided via or in connection with this website and the tools/resources and/or content provided via or in connection with this website ("Service(s)").

Please read these Terms carefully before you start to use the Service, as these will apply to your use of the Service. We recommend that you print a copy of this for future reference.

By using the Service, you confirm that you accept these Terms and that you agree to comply with them and acknowledge that you have all the necessary powers and authorisation to lawfully represent the company (as entered onto the registration form) and to approve all the information you submit via the Service concerning the company, including but not limited to the company's profile details / description / job vacancies. If you do not agree to these Terms, you must not use the Service.

We may amend these Terms from time to time. Please check the Terms from time to time to take notice of any changes, as they are binding on you.

ACCOUNT DETAILS

You are responsible for maintaining the confidentiality and security of your account information, including your email address and password. You must not disclose it to any third party. When creating your account we advise that you use a professional e-mail address assigned by your company.

You agree to take all reasonable steps to ensure the ongoing security and confidentiality of your account information and to notify us immediately if you suspect or become aware of any misuse of the same. You shall be responsible for any actions carried out by any person using your account details.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify your administrator.

Personal data you enter when creating your account on the Service shall be treated as confidential and processed by us in accordance with our Privacy Policy and shall only be processed in order to provide the Service and only for the duration of this agreement.

USAGE

For the purposes of these Terms the information you enter ("Content") includes, but is not limited to, all or part of any text, layout, URLs/website links or logos provided by you as part of your registration, company profile or advertisement of a job.

The Content and your use of the Service must:

- comply with all applicable laws, regulations and codes including, without limitation: (i) the Data Protection Act 2018; (ii) the Privacy and Electronic Communications (EC Directive) Regulations 2003; (iii) the Employment Agencies Act 1973; (iv) the Conduct of Employment Agencies and Employment Business Regulations 2003; (v) the Sex Discrimination Act 1975; (vi) the Race Relations Act 1976; (vii) the Disability Discrimination Act 1995; (viii) the National Minimum Wage Act (1998);

- not impersonate another person or organisation or use a false name or email address;

- not make any misrepresentations about your company and its’ business purpose(s);

- not use the Service with the intent to seek details of individuals when you do not have a job vacancy that you are actively seeking to fill;

- not use the Service with the intent to compile a database of potential employees that you or any third party may exploit for any commercial purpose (whether or not for profit);

- not post, transmit, submit, refer to, make available or link to or from any material which in our opinion;

• is untrue, fraudulent, inaccurate or incomplete; and/or
• directly or indirectly discriminates on grounds of age, sex, disability status, nationality or race; and/or
• constitutes advertising for anything other than a position of employment;

You must make clear the nature of the work offered and specify any necessary skills required and other terms. See our standards of good practice in Appendix A.

Depending on the situation, the Service may be available to you free of charge. We do not guarantee that the Services will always be available or be uninterrupted. Access is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of the Service without notice. We will not be liable to you if for any reason the Services is unavailable at any time or for any period.

To be able to use this Service you need to have a valid account. Your right to access and use this Service shall automatically terminate when your account with the Institution terminates for any reason, or if our agreement with the Institution terminates for any reason.

Except as required by applicable law, you will not, and you will not allow third parties on your behalf to copy, reproduce, distribute, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Service, or create derivative works of the Service of any kind whatsoever, or attempt to do any of the foregoing.

You must not use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Service.

You assume sole responsibility for your use of the Service. You are solely responsible for any decisions or actions you take based on the information available through the Service.

Some Institutions charge certain companies (eg recruitment agencies) to post certain vacancy adverts. Collection and gathering of such payments are outside the scope of this website. You will be contacted by the Institution if payment is required.

Some Institutions require that recruitment agencies inform them of the client name for every vacancy and sometimes make this publicly available as part of the vacancy details.

By using the Service you automatically grant us a royalty free, worldwide, perpetual and non-exclusive licence to use, copy, distribute, publish, syndicate, sub-license, transmit, display, edit, make available on the Service and the Career Centre and otherwise deal with as necessary the whole or any part of any Content which you may provide to us through your use of the Service. Specifically you agree to our sharing of Content with the Institution or institutions and they may contact you as part of this process.

You warrant that the Content you submit through your use of the Service is not obscene, threatening, menacing, offensive, defamatory, abusive, likely to cause annoyance, inconvenience or needless anxiety, is in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright) or otherwise is in breach of or violates any applicable law or regulation or code.

You warrant that where you use the Service to submit Content or otherwise act on behalf of an agency or other third party, you are expressly authorised to do so and you acknowledge that you are primarily liable for such Content and otherwise for ensuring compliance with these Terms.

You acknowledge that any breach of the warranties set out in these Terms may cause the Institution or us damage or loss and you agree to indemnify us in full and permanently on demand against any claims, costs, loss or damage we incur directly as a result of any such breach.

You agree that we may (at our discretion) disclose your identity to any third party who is claiming that any Content sent by you to the Service is defamatory, is in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright), in breach of any of the warranties set out above or otherwise is in breach of or violates any applicable law or regulation or code.

You are solely responsible for verifying the information contained in any responses you may receive as a result of your job being advertised by the Service and for the suitability of any employee you recruit as a result.

RESPONSIBILITY

You agree, on behalf of your company, that you shall not (non-exhaustive list):
- Use the identity of a third party;
- Intentionally publish false, incorrect or misleading Content;
- Impede access to and/or hamper the correct operation of the Service;
- Publish Content which infringes the intellectual property rights of any third party;
- Publish Content which is racist, xenophobic, antisemitic, homophobic, negationist, pornographic, paedophilic, relates to child pornography or violates human dignity;
- Publish Content which incites violence, suicide, terrorism or the use, manufacture or distribution of illegal substances, or incites crimes or offences or defends them, particularly crimes against humanity;
- Publish Content which is abusive, defamatory, or infringes the privacy, image or personality rights of third parties, or which is contrary to public policy, the law or morality;
- Publish commercial or promotional information, except with our prior authorisation in writing, and except for information that describes your company in the company profile you have created;
- Publish hyperlinks on the Services redirecting users to websites whose content is contrary to any of these requirements;

TERMINATION, SUSPENSION AND REMOVAL OF CONTENT

Access to the Service may be suspended or terminated for you temporarily or permanently at any time. You also have the right to terminate your use of the Service at any time via My Profile page. We may also terminate these Terms immediately if you are in breach of any provisions of these Terms. Upon any termination, the rights and licenses granted to you herein shall terminate and you must cease all use of the Service.

We may also need to suspend or prohibit access to the Service from time to time for maintenance and other necessary works and in doing so we shall endeavour to keep any downtime to a minimum and, wherever practicable, confine it to unsocial hours.

You are responsible for making all arrangements necessary for you to have access to the Service.

The Institution and we reserve the right not to process Content that may be:
- liable to bring us or the Institution into disrepute
- unsuitable for students and graduates, and to refuse to advertise further vacancies from any such organisation
- do not comply with any of the conditions set out in these Terms

If you use the Service to post vacancies, we or the Institution also reserve the right to:
- refuse to display the vacancy
- display the vacancy for different dates than requested
- modify the details of the vacancy
- ignore the vacancy

In all circumstances regarding any termination, suspension and removal / edit of Content, all liability of the Institution or us for any loss whatsoever arising from our removing or editing Content and/or your limited use of or inability to use the Services is excluded, insofar as it is possible to do so in law.

CONFIDENTIALITY

The content and terms of this agreement shall be confidential as between the parties and there shall be no breach of that confidence by either party. Each party agrees and undertakes that it will keep confidential and will not use for its own purposes nor without the prior written consent of the other party disclose to any third party all information of a confidential nature, (including but not limited to trade secrets and information of commercial value) which may become known to such party from the other unless such information is public knowledge (other than by breach of this clause) or is required to be disclosed by a court of competent jurisdiction.

EXCLUSIONS AND LIMITATIONS OF LIABILITY

The Service is provided on an 'as is' and 'as available' basis. We do not guarantee that you will receive any responses to job adverts posted for positions of employment or otherwise, and if you do receive responses then these communications are at your own risk and solely your responsibility. In addition, we accept no liability or responsibility for the suitability of any candidate who responds to a vacancy or who is engaged by the Employer.

Although we represent and warrant that we have the right and authority to make the Service available for your use, we provide no other warranty in respect of the Service. We hereby exclude, the greatest extent permitted under law, all and any warranties as to the availability, quality or fitness for purpose of the Service or the completeness, accuracy or currency of any information or data provided in connection with the Service.

We will not be liable for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your use of, or inability to use, the Service.

To the extent permitted under applicable law, we exclude liability (whether under contract, tort or otherwise) for any indirect or consequential loss or damage suffered or incurred by you or for any loss of production, loss of or corruption to data, loss of profits or of contracts, loss of operation time, loss of goodwill or anticipated savings arising out of your use of the Service, even if we have been advised of the same.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Service, or on any website linked to it.

Nothing in these Terms shall operate as an exclusion or limitation in respect of liability arising from (i) death or personal injury caused by our negligence, (ii) fraud or pre-contractual fraudulent misrepresentation, or (iii) any other liability which we may not exclude or limit under applicable law. Save as aforesaid, our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising shall be limited to the sum of £1.00 (one pound sterling).

You will indemnify and will keep indemnified the Institution and us against all claims, costs, proceedings, demands, losses, damages, expenses (including legal expenses) or liability whatsoever arising directly as a result of any breach of these Terms by you or your fault, negligence or breach of statutory duty.

INTELLECTUAL PROPERTY RIGHTS AND LICENSE

We (or our licensors where applicable) own all trademarks, copyrights, database rights and other intellectual property rights of any nature in the Service and all the underlying software code.

We grant you a worldwide, non-transferable, non-exclusive, royalty-free, revocable licence to use the Service in accordance with these Terms.

OTHER APPLICABLE TERMS

These Terms refer to the following additional terms, which also apply to your use of the Services:
- Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Service, you consent to such processing and you warrant that all data provided by you is accurate.
- Our Cookie Policy, which sets out information about the cookies on this Service.

GENERAL

You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

Force majeure: neither party shall be responsible for any delay or inability to fulfil its contractual obligations as a result of one or more events outside of our control.

These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms except as expressly set out in these Terms.

These Terms are not intended to and shall not be deemed to create any relationship of agency, partnership or joint venture between us and any Employer.

Nothing in these Terms intends to deprive you of any rights you may be granted under applicable mandatory laws (including mandatory consumer protection laws where applicable).

Each of the provisions of these Terms operates separately. If any court or competent authority decides that any provision is illegal, invalid or unenforceable, the other provisions will remain in full force and effect, and such provision will be replaced with a valid and enforceable provision which achieves to the greatest extent possible the same effect as would have been achieved by the illegal, invalid or unenforceable provision.

Except to the extent applicable law, if any, provides otherwise, these Terms are governed by and construed in accordance with the laws of England without regard to its conflict of law rules, and the courts of England and Wales shall have exclusive jurisdiction over any dispute that may arise between you and us in relation to these Terms.

APPENDIX A - STANDARDS OF GOOD PRACTICE

The following information sets out the standards of good practice for employers and is provided for general guidance only and does not constitute legal or professional advice.

By using this Service, you confirm that you have read, understood and agree to:

• Maintain professionalism in all recruiting, interviewing and selection practices.
• Supply accurate information about your company and employment opportunities.
• Recruit, interview, and employ individuals without regard to their protected characteristics such as race or colour, nationality, origin, religion, age, gender, sexual orientation, or disability.
• Honour your interview commitments to candidates.
• Refrain from any practice that improperly influences candidates.
• Make clear the nature of the work offered and any necessary skills required.
• Provide suitable contact details for a vacancy.
• Comply with all applicable laws including statutory requirements - in particular relating to the following.
  • payment of the national minimum wage
  • working time directive legislation including holiday entitlement
  • payment of national insurance contributions and tax
  • adherence to health and safety regulations and provision of adequate insurance
  • adherence to the Children’s Act
  • compliance with legislation against discrimination in employment on the basis of disability, ethnic origin, gender, age etc.
  • compliance with Data Protection Act 2018 and the Equality Act 2010
• To satisfy yourself as to the suitability of any employee and be responsible for taking up any references provided by the employee.

The Institution agrees to:

• Post your vacancy free of charge on this website within a reasonable period of receiving complete vacancy information provided such information meets the Institution’s requirements including compliance with applicable laws and the standards of good practice.