Advertising Terms of Use

Advertising Terms of Use

 

Application of these Terms

1. These Advertising Terms of Use (Terms) will apply when you:

a. create an employer account with us (or attempt to do so);

b. have, or have access to, an employer account with us;

c. post, or attempt to post, an advertisement (also referred to as an “ad”) on our CareersInGlass websites and apps (collectively, “our websites or apps”);

d. utilise, or attempt to utilise, any of our other products and services which may be offered in future. This excludes your use of our products and services in the capacity of a candidate; or

e. otherwise agree to be bound by these Terms. 

 

2. These Terms will bind both the relevant individual and any business or organisation they represent (or claim to represent) and references to “you” and “your” (and related terms) should be read accordingly. 

 

3. Your access to, and use of, our products and services is conditional upon your acceptance and continued compliance with these Terms. For the avoidance of doubt, all references in these Terms to “our products and services” includes our websites or apps (which incorporates all features and functionality).

 

Additional Specific Terms 

4. Depending on which of our products and services you utilise, there may be additional specific terms that will apply to you. Relevant Additional Specific Terms should be read in conjunction with these Terms. 

5. All Additional Specific Terms are incorporated into these Terms (unless expressly stated otherwise) to the extent relevant. This means that the provisions of these Terms also apply to the Additional Specific Terms. In the event of inconsistency between these Terms and any Additional Specific Terms, any Additional Specific Terms will prevail. 

6. Additional Specific Terms include new offerings not yet available.

 

Definitions

 

7. For the purposes of these Terms

a. Applicable Laws means all laws, regulations, by-laws, ordinances, codes of conduct, implementing rules / regulations and issuances from authorised bodies that apply to you and your use of our products and services.

b. Credit Laws mean any other applicable credit related laws, regulations, implementing rules and regulations and the relevant issuances from authorised bodies, as amended or superseded from time to time.

c. Personal Information means information (including Sensitive Information) that identifies an individual or could reasonably identify an individual, including facts and opinions, whether they are true or not. In certain jurisdictions, the term “Personal Data” is used under applicable Privacy Laws, which means any information relating to an identified person, or a directly or indirectly identifiable individual. References to Personal Information in these Terms include a reference to Personal Data, where applicable.

d. Privacy Laws means the privacy and data protection laws as may be in force from time to time in a particular jurisdiction which regulates the collection, use, disclosure, storage of and granting of access rights to Personal Information. The specifics of Privacy Laws include can vary from country to country or even state to state. These may also be amended or superseded from time to time.

e. GCMC means Glass Container Manufacturing Consulting Ltd., based in the UK (UK Company Number 13823181).  References to “we” and “us” (and related terms) mean GCMC unless otherwise stated.

f. Sensitive Information – certain categories of Personal Information as defined under Privacy Laws that may include information or opinion about an individual’s racial or ethnic origin, political opinion or associations, religious beliefs, trade union memberships or associations, sexual orientation, criminal record including any proceedings for any offence committed or alleged to have been committed by such individual (including the disposal or result of such proceedings), health and genetic information, or government-issued identification, provided the information or opinion otherwise meets the definition of Personal Information.

 

 

Payment

 

8. Unless otherwise stated in an Advertising Agreement, Sales Agreement or any other agreement with us, all amounts owing to us must be paid within 14 days of the date of an invoice. 

 

9. You are obliged to pay for the products and services that we agree to provide you regardless of whether you utilise or fully utilise those products or services. If you do not provide us with the necessary materials or information for us to deliver these products or services to you, you are still liable to us for full payment. 

 

10. We offer a range of payment methods which vary according to location. Please note that available payment methods (and fees, if any) may change from time to time. 

 

11. As at the effective date of these Terms, we do not charge for payment method fees, including American Express.

 

12. We may charge you interest on late payments at our applicable bank interest rate plus any costs we reasonably incur as a result of collecting your payment. We may specify the interest rate associated with late payments in your Advertising Agreement, Sales Agreement or any other agreement with us, in which case that rate will apply to you. 

 

13. If you do not pay your invoice on time, we may disable your account and we are not obliged to supply further products or services. If you dispute any charges, please contact us as soon as possible to discuss your concerns. 

 

14. You agree that (in compliance with any applicable Privacy Laws, Credit Laws and other Applicable Laws) we may obtain from either a credit reporting agency / bureau or other credit providers credit information about you (including personal credit information) and/or your directors or a consumer credit report about you for the purpose of collecting overdue payments relating to commercial credit owed by you. 

 

15. You agree that we may disclose information to a credit reporting agency or interested persons as reasonably necessary and only to the extent allowable under applicable Privacy Laws, Credit Laws and other Applicable Laws. You will confirm your consent to such disclosure in writing if we require. 

 

16. The total amount/s invoiced by us to you will be subject to, and inclusive of, all indirect transaction taxes (if applicable) and any other applicable taxes as required by Applicable Laws from time to time (including Applicable Laws that apply to us). Invoiced amounts may differ from what is quoted in our agreement with you in certain circumstances (e.g. where the tax rate changes or new taxes are introduced). 

 

17. Where required, you must provide appropriate withholding tax documentation to support any amounts of tax withheld from settlement of an invoice. If you fail to do so, we are not obliged to supply you with further products and services.

 

 

Intellectual Property Rights 

 

18. GCMC owns all intellectual property rights associated with our websites and apps. Subject to clause 19, GCMC Limited retains all intellectual property rights in our websites and apps. 

 

19. We do not own any pre-existing intellectual property owned by you (an example of which may be your company logo). However, you agree to provide us with a perpetual, non-transferable, royalty free licence to use your intellectual property in the products and services we provide (or make available) to you. If you withdraw this licence, we may be unable to provide certain products and services to you.

 

 

Changes to our Websites and Apps

 

20. Subject to the “Variation of these Terms” procedure set out in clauses 85 to 87 (inclusive), we reserve the right to alter the functionality and/or appearance of our products and services, including but not limited to our websites and apps. 

 

 

Your Obligations

 

21. You warrant and agree that:

a. you have the legal capacity and power to agree to be bound by these Terms (which includes binding the business or organisation you represent) and perform the obligations under them;

b. advertisements and other works posted on our websites and apps by you (or on your behalf) do not breach the intellectual property rights of any third party;

c. you will not perform any action that introduces any virus, worm, defect, Trojan horse, malware or any item of a destructive nature into our systems or the systems of those that use our products and services;

d. you will maintain security controls to reasonably secure your systems and data (including Personal Information of candidates) from misuse, interference, loss and unauthorised access, modification or disclosure;

e. you will use our products and services (which includes any information and data accessed via our products and services) in accordance with all Applicable Laws;

f. you will not use our products and services in a way that infringes the legal rights of others (such as intellectual property rights);

g. you will not use our products or services to upload, download, transact, store or make available content or data that is unlawful, harassing threatening, harmful, tortious, defamatory, libellous, illegally discriminatory, abusive, violent, obscene, invasive of another’s privacy, racially or ethnically offensive or otherwise, in our reasonable opinion, objectionable or damaging to us, the users of our products or services or persons generally, and you may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from our products and services including code and software (unless we expressly authorise such action); i. you will only use, process and disclose information in accordance with all Applicable Laws, including applicable Privacy Laws and specific laws governing health information. In the event that you obtain or access Personal Information of an individual from a country other than your own, you agree to comply with the Privacy Laws of that country as if you were a person or entity regulated by such Privacy Laws;

k. you have all licences, registrations and other authorisations necessary to publish advertisements on our websites and apps. 

 

22. If you are interested in hiring a Filipino based candidate to work outside of the Philippines, you should first liaise with the Department of Migrant Workers (DMW) or a DMW licensed recruitment firm to understand all relevant regulations. You must ensure that you are aware of, and comply with, all relevant regulations. 

 

23. You may not assign or transfer any rights or obligations pursuant to these Terms to any other person or entity without our 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 or transfer for the purpose of this clause. 

 

24. You indemnify, and will keep indemnified, us and our officers, employees and agents against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by us or them in connection with:

a. any breach of these Terms by you;

b. any negligent act or omission by you; or

c. any breach of any Applicable Laws by you. 

 

25. You may have access to, or request, sensitive health information of individuals (e.g. COVID-19 vaccination information) through our websites and apps or other products and services. Without limiting clause 21 above, you must comply with any Applicable Laws that govern health information in addition to any applicable Privacy Laws. If applicable, such laws may restrict your use and disclosure of health information (amongst other things). You must ensure you are aware of, and comply with, all Applicable Laws relating to health information and Personal Information more generally. 

26. Except as otherwise permitted under these Terms, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from our websites and apps including code and software. 

27. You may not use data mining, robots, screen scraping, or similar automated data gathering, extraction or publication tools on our websites or apps (including for the purposes of establishing, maintaining, advancing or reproducing information contained on our websites and apps on another website or in any other publication), without our prior written approval. 

28. You may not use our websites or apps to post any advertisements relating to a pyramid scheme or unlawful multi-level marketing scheme (however described). 

29. You may not ask or require any candidate to pay a fee, charge, cost or any money whatsoever in connection with the hiring process for any job advertised on our websites and apps (including to apply) whether such fee, charge, cost or money is asked or required of the candidate in the job advertisement itself or in any communication with the candidate that takes place as a result of a job advertisement placed on our websites and apps. 

30. You may not use any feature of our websites or apps to send any unsolicited commercial electronic messages (or any type of ‘spam’ message) to candidates, whether individually or as a group. Our candidate messaging tools may only be used to communicate with candidates in accordance with all Applicable Laws. 

31. You must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to us without our prior written approval. 

32. From time to time, we may make promotional offers available to you. Unless expressly stated in the offer terms, a promotional offer cannot be transferred by another party. Any breach of the terms of a promotional offer (which includes transferring the offer to another party where not expressly permitted) will constitute a breach of these Terms. 

33. You must not on-sell or on-supply any of our products or services to third parties, unless by special agreement with GCMC.

34. Where you are a job recruiter and, in accordance with clause 33, you on-sell or on- supply advertisements, those advertisements must be branded with your job recruiter brand or co-branded with both your job recruiter brand and the brand of your client to whom the advertisement has been on-sold or on-supplied. 

35. If you breach either clause 33 or 34, then we reserve the right to charge you the casual advertiser price for each advertisement placed by you on our websites and apps in breach of those clauses. This right is in addition to any other rights we may have under these Terms.

 

 

Mis-use of Candidate Data, Including Selling On

 

36. Any Personal Information of any candidate that you obtain through your use of our products and services must only be used by you in relation to your genuine employment and/or recruitment activities and in accordance with all applicable Privacy Laws and other Applicable Laws (such as those laws regulating health information). 

37. Selling or offering products or services (including, but not limited to, learning or educational courses or tools) to candidates whose Personal Information you have obtained through your use of our products and services is prohibited. 

38. You must not provide any candidate Personal Information you have obtained through your use of our products and services (including job applications received from candidates) to any other party, including to any affiliate or related party of yours, except where such action is permitted by all 

 

Applicable Laws. This restriction applies whether or not you receive (or will receive) a financial benefit from the provision of the information to another party. 

 39. We take our obligations under Privacy Laws and other Applicable Laws extremely seriously, and we are resolute in our determination to prevent the misuse of candidate data. If we believe that you have misused candidate data for any reason, we reserve the right to

a. immediately suspend or terminate your account, and/or suspend or terminate the account of any party that has received candidate Personal Information from you in breach of these Terms;

b. report any potential contraventions of applicable Privacy Laws or other Applicable Laws by you to the relevant authorities; and/or

c. take legal action against you seeking any available remedies, which may include the award of monetary damages.

 

 

Placing Adverts and Using our Other Products and Services

 

40. You must ensure that all advertisements posted to our websites and apps by you (or on your behalf) comply with all Applicable Laws, including (but not limited to) those relating to:

a. employment and the advertising of employment opportunities;

b. anti-discrimination and equal opportunity;

c. consumer protection (including prohibitions on misleading and deceptive conduct); and

d. privacy and data protection. 

 

41. You understand that by using our products and services, you may need to comply with the laws of countries other than your own (including regulations, by-laws, ordinances, codes of conduct, implementing rules / regulations and issuances from authorised bodies). If this occurs, you must comply with such Applicable Laws. 

 

42. We support fair and progressive employment principles, which includes ensuring strict adherence to all Applicable Laws concerning discrimination and equal opportunity. All advertisements you post on our websites and apps must not specify preferences or requirements (in an express or implied manner) relating to matters such as race, language, age, religion, marital status or other legally protected characteristics unless this is permitted by all Applicable Laws. 

 

43. You must adhere to the principle of honest representation in advertising set out in your relevant professional codes of conduct to which you are obligated to comply, as well as the requirements other similar codes of advertising practices that may apply to you. 

 

44. You must not in any way disregard or preclude applications submitted via our websites and apps and you must not include wording indicating this intention within the job advertisement itself. 

 

45. You are not permitted to insert links to an external website or an externally hosted application form:

a. within the details of a job advertisement (including from the apply functions);

b. from within our job application process;

c. within or from a previously approved externally hosted application form; or

d. within any communications with a candidate via Talent Search. 

 

46. You are not permitted to promote or refer to brands other than those associated with your business (or a business operated by a related party to you):

a. within the details of a job advertisement (including from the apply functions);

b. from within our job application process;

c. within or from a previously approved externally hosted application form;

d. within an employer/company profile; or

e. within any communications with a candidate via a talent search. 

 

47. Each of your advertisements on our websites and apps must be in respect of a genuine, paid employment opportunity that is current as at the time of posting the advertisement, and for which you are currently recruiting. We reserve the right to request any information from you that it deems necessary to verify that a genuine, paid employment opportunity exists. 

 

48. You must ensure that advertisements posted to our websites and apps are posted to the appropriate category of our websites and apps. It is your responsibility to ensure that you familiarise yourself with the advertising requirements of each available category to ensure appropriate placement of advertisements. 

 

49. You acknowledge and agree that you must only advertise one job role per job advertisement posted. Where you breach this obligation, we reserve the right to charge you for the number of job roles advertised in the relevant job advertisement. 

 

50. You must ensure that all information entered into any data entry field as part of the advertisement classification process relates directly to the relevant data field category. We reserve the right to amend, alter or remove any information that does not meet this requirement. 

 

51. We reserve the right to re-classify advertisements posted. 

 

52. The following actions constitute a new / additional job advertisement and we reserve the right to charge you accordingly (where any such charges apply) 

a. copying a job advertisement to create a separate advertisement;

b. reposting an archived or deleted advertisement;

c. changing a zone classification and refreshing any job posting. Refreshing is the process of deleting and re-posting the same or substantially similar job advertisement;

d. posting advertisements via a bulk data import process or changing a job advertisement reference number. If you are using a bulk data import process, you must ensure that you understand the effect bulk data importing may have on Extending advertisements as we will count all new/additional job advertisements against your account and will invoice you accordingly; or

e. reposting an expired, archived or deleted role on your careers portal.

 

 

Your Employer Account (including access to data)

 

53. You expressly authorise us to store all job applications submitted through our websites and apps within your employer account with us (your account). You understand that we will not email such applications to an external source. 

 

54. Your access to your account (and the functionality contained therein) will be via a secure sign in with your email and password (the Password). You are responsible for: 

a. providing us with the identity and contact details of individuals authorised to access your account on your behalf, where applicable (authorised users);

b. setting authority limits for all authorised users;

c. supervising the use of your account by the authorised users and ensuring authorised users are aware of, any comply with, these Terms; and

d. ensuring that the Password is kept secure and confidential. 

 

55. You are responsible for the use of the Password issued by us to enable users to gain access to your account, whether the use is by authorised users or any other person. Any act or omission by an authorised user in respect of the use of the Password and / or the use of your account that breaches these Terms will be deemed a breach of these Terms by you. 

 

56. You acknowledge that you may be required to undertake additional identity verification processes in relation to your account. If you request that we alter our standard security processes for you and we agree to do so (in our sole discretion), you bear the associated risks and indemnify us for all loss associated with the alteration or removal of those requirements. 

 

57. If you intend to upload any information on any candidates you have access to, then you must ensure that you fully complied with your obligations under the applicable Privacy Laws and other Applicable Laws (such as those laws regulating health information) in respect of the collection, processing and storage of such information. 

 

58. Historical candidate application data (which includes resumes, cover letters and other application documents) and job advertisement data should only be accessible in your account for a three-year period starting from the date unless otherwise agreed with the candidate(s) concerned. You must transfer any required Historical Data to your own external systems before that date. 

 

59. If your access to your account is terminated for reasons other than fraud or dishonest conduct on your part, we will, within 20 business days, forward all applications and associated information stored on your behalf to your nominated email address. 

 

60. We will use reasonable endeavours to ensure that your account is available for access by authorised users at all times. Notwithstanding this, we and our authorised third-party service providers may be required to undertake maintenance and upkeep of our websites and apps from time to time. We will endeavour to limit any ‘downtime’ to periods outside of standard business hours. We provide no warranty to you that services generally available through our websites and apps will be uninterrupted or error free. Except where we are unable to exclude or restrict our liability under law, we, our officers, employees, agents and contractors will not be liable in any way to you or anyone else for any loss or damage, however it arises (whether in contract, tort including negligence, or otherwise) out of or in connection with your access and use of your account. 

 

61. We may permit your affiliated businesses and personnel (each an Affiliated Entity) to access and use a single account or related accounts with us. If we provide this permission:

a. you must ensure that each Affiliated Entity is aware of, any complies with, these Terms; and 

b. you indemnify us against all claims, liabilities, losses, costs and expenses (including legal costs) reasonably incurred by us as a consequence of any act or omission of any Affiliated Entity.

 

 

 

Fair use and Appropriate Conduct

 

62. If we believe on reasonable grounds that you are: 

a. unlikely to comply with our Terms; 

b. likely to pose a security threat in any way (including to candidates or our systems); or 

c. likely to cause damage to our brand or reputation, we reserve the right to: 

d. reject your request to register an account with us; 

e. remove your advertisements from one or more of our websites and apps;

f. refuse to supply products and services to you; and / or

g. suspend or terminate your account immediately.

 

We will act reasonably in exercising our rights under this clause, which may include notifying you of our proposed actions in advance (if we believe this is appropriate). You will not be entitled to any compensation or refund in the event we do exercise our rights under this clause. 

 

63. We are contracting with you on the condition that the vast majority of the advertisements you post on our websites and apps will be for roles located in your Contracting Country (Contracting Country Condition), unless we have expressly agreed otherwise in writing (please refer to clauses 94 and 95)

 

64. If we determine that the Contracting Country Condition has not been satisfied (or is unlikely to be satisfied in future), we will contact you to discuss the matter. During or after this discussion, we may direct you to comply with the Contracting Country Condition and outline the actions we may take in the event of continued non-compliance. These actions may include (but are not limited to):

a. removing your advertisements from one or more of our websites and apps;

b. limiting or removing your ability to post advertisements for roles located outside your Contracting Country;

c. reducing or removing any discounts stated in our agreement with you (this may include charging casual advertising rates for all advertisements posted in breach of the Contracting Country Condition);

d. refusing to supply products and services to you; and / or

e. suspending or terminating your account.

You will not be entitled to any compensation or refund in these circumstances. 

 

65. Without limiting clause 62 and subject to clause 66, we will notify you if we believe on reasonable grounds that you have used our products and services improperly. If you continue to use our products and services improperly, we reserve the right to take any action that we think is reasonably necessary to remedy and prevent the improper use. This may include (but is not limited to):

a. removing your advertisements from one or more of our websites and apps;

b. limiting or removing your ability to post advertisements for roles located in countries other than your Contracting Country;

c. reducing or removing any discounts stated in our agreement with you;

d. refusing to supply products and services to you; and/or

e. suspending or terminating your account.

You will not be entitled to any compensation or refund in these circumstances. 

 

66. If we believe on reasonable grounds that you are using our products and services improperly and that you are acting to intentionally benefit from the improper use, we will not be required to provide you with prior notice and we may immediately take any of the actions permitted by clause 65. You will not be entitled to any compensation or refund in these circumstances. 

 

67. Everyone is entitled to work in an environment that is free from abuse, bullying, harassment, discrimination and other inappropriate conduct (Inappropriate Conduct). If you display any Inappropriate Conduct to our staff at any time (as determined by us, acting reasonably), we reserve the right to:

a. reject your request to register an account with us;

b. refuse to supply products and services to you; and / or

c. suspend or terminate your account immediately (which may include removing your ads from our websites and apps).

You will not be entitled to any compensation or refund in these circumstances.