These terms and conditions (“Terms”) govern the use by third party providers (defined as “you” and “your”) of the SEEK API.
Your access to, and use of the SEEK API is conditional upon your acceptance and compliance with the Terms.
The SEEK API 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 the SEEK API.
- “Data” refers to any information sourced by your Application via the SEEK API including, without limitation, job applications and SEEK profiles.
- “SEEK API” means the Application Programming Interface that provides you access to the SEEK employment marketplace.
- “SEEK Site” means www.seek.com.au or www.seek.co.nz (as the case may be).
- 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.
- You accept that by doing this, SEEK has provided you with sufficient notice of the variation to its Terms. You will be notified of any material changes to the Terms which may be reasonably detrimental to you, 5 days prior to them taking effect.
- To integrate with the SEEK API, you must submit a request via SEEK’s Integration form here and meet SEEK’s criteria for approval.
- As part of your integration request, you will be required to provide the following information (in addition to any other information SEEK may require from time to time):
- the name of your company;
- an e-mail address and phone number of the primary contact person; and
- such other information as required by SEEK, (collectively, your “Identification Details”)
- It is your responsibility to ensure that your Identification Details always remain current.
- Once you have been approved for development, SEEK will provide you with the necessary partner credentials.
- SEEK does not guarantee that it will consent to the use and/or integration 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 SEEK API. SEEK may work with you in order to achieve such an outcome, although it is under no obligation to do so.
- If you decide to discontinue your use of the SEEK API, you must advise SEEK and your credentials will be terminated.
- In the event SEEK consents to your integration with the SEEK API, you agree to work collaboratively with SEEK to undertake such integration.
- Subject to these Terms, SEEK grants you a limited, non-exclusive, non-assignable, non-transferable licence to use the SEEK API to develop, test, and/or support your Application (the “Licence”), and to allow Advertisers that have engaged you to have the benefit of the integration of your Application with the SEEK API.
- You must not:
- 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;
- sub-license the SEEK API for use by a third party;
- 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;
- interfere with or disrupt the SEEK API or the servers or networks providing the SEEK API; or
- reverse engineer or attempt to extract the source code from the SEEK API or any related software, except to the extent that this restriction is expressly prohibited by applicable law.
- Communications between you and 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.
- 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:
- In the event of any conflict between the content in these Terms and the above documents in relation to the use of the SEEK API, these Terms will apply.
- 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.
- You must immediately report any security deficiencies in, or breaches of, your Systems to SEEK via email at apisupport@seek.com.au. You must work with SEEK to immediately correct any security deficiency.
- 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.
- In addition to the warranties outlined in the SEEK Advertiser Terms and Conditions, you warrant that:
- the software that processes or stores SEEK’s non-public data:
- will encrypt data transmitted over a public network;
- will encrypt data at rest;
- has enforced security monitoring controls to detect indicators of security incidents;
- has a documented process for responding to security incidents;
- has documented operational management procedures to ensure that necessary security controls are in place (antivirus, data loss prevention, etc.) and patches are applied in a timely manner;
- will document a provisioning and de-provisioning process for internal business users;
- will enforce controls like single sign-on and multi-factor authentication for internal business users;
- will generate and retain audit logs; and
- is covered by a documented Business Continuity Plan.
- 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;
- 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;
- your Application does not breach the intellectual property rights of any third party;
- you will not act for, or on behalf of, an Advertiser without their express written consent;
- 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;
- 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
- 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).
- 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.
- You agree to assist SEEK in verifying your compliance with obligations under these Terms by providing any requested information to us that is reasonably required to ascertain your compliance.
- 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:
- any breach by you of these Terms;
- any negligent act or omission by you; and
- an actual or alleged breach by you of any law, legislation, regulations, by-laws, ordinances or codes of conduct.
- Any changes to the SEEK API shall be announced in the “Release notes” section of the Developer Site. We will provide you with 30 days’ notice of any changes that, if not implemented, will break your integration with the SEEK API.
Functional
- Clause 24 applies if you have chosen to use the job posting functionality through the SEEK API.
- You must ensure that the following job posting functionality is enabled for Advertisers via the SEEK API at all times:
- the ability for an Advertiser to create, update and expire an ad;
- the ability for the Advertiser to use multiple SEEK Advertiser accounts;
- enable and display all SEEK ad products via the Ad Selection Panel or Ad Selection with GraphQL feature;
- the ability for an Advertiser to specify the location of a position supported by the SEEK ANZ hierarchy when posting a job ad;
- the ability for an Advertiser to specify the job category of a position supported by the SEEK ANZ hierarchy when posting a job ad;
- the ability for an Advertiser to select SEEK approved branding when posting a job ad;
- distribute the live link of the posted job ad to the Advertiser; and
- display appropriate messaging to the Advertiser if an error occurs when posting a job.
Functional
- “The Panel” means a themeable Ad Selection Panel that you can embed into your posting flow to retrieve available ad products during advertisement creation and modification.
- Clauses 27 – 32 (inclusive) apply if you have chosen to use the Panel functionality through the SEEK API.
- You acknowledge and agree that:
- if you choose to utilise the Panel, it must be made available to all SEEK Advertisers. Removal of the Panel for any SEEK Advertiser must be discussed and agreed with SEEK beforehand;
- all SEEK products available through the Panel must be visible and accessible to all SEEK Advertisers;
- the Panel must load on the page within 1 second; and
- pricing information surfaced via the Panel is not to be used for any other purpose other than for displaying the price of SEEK’s products to Advertisers who are posting job ads in the flow.
- You must not change or modify any design elements related to the Panel, including but not limited to:
- the size or spacing around or within the Panel;
- any text copy or interactions within the Panel; or
- any colours or typefaces within the Panel.
- If you believe an element of the design is sub-optimal for your users, you may request a design change by contacting SEEK, which SEEK will consider in its sole discretion.
- SEEK may release subsequent versions of the Panel and require you to use those subsequent versions within 30 days of its release.
- Your continued use of the Panel following a subsequent release, will be deemed your acceptance of the modifications.
- Failure to use subsequent versions of the Panel within 30 days of their release will be deemed a failure to integrate with the Panel and your integration with the SEEK API may not function.
Functional
- “Ad Selection with GraphQL” means the method used to programmatically retrieve available ad products by your backend during advertisement creation and modification.
- Clauses 35 – 36 (inclusive) apply if you have chosen to use the Ad Selection with GraphQL functionality through the SEEK API.
- You acknowledge and agree that:
- if choose to utilise the Ad Selection with GraphQL functionality, it must be available to all SEEK Advertisers. Removal of Ad Selection with GraphQL for any SEEK Advertiser must be discussed and agreed with SEEK beforehand;
- all SEEK products available through the Ad Selection with GraphQL must be and accessible to all SEEK Advertisers; and
- pricing information surfaced via Ad Selection with GraphQL is not to be used for other purpose other than for displaying the price of SEEK’s products to Advertisers are posting job ads in the flow.
- Upon successfully integrating Ad Selection with GraphQL into the partner system, SEEK will review the implementation to ensure the design appropriately represents the SEEK brand and value proposition. SEEK may decide to end your integration with the SEEK API if it determines, in its sole discretion, that the design implemented by you does not appropriately represent the SEEK brand and value proposition.
Functional
- “Apply Solution” means the method used to distribute candidate applications to Partners and Advertisers.
- Clause 39 applies if you have chosen to use the Apply Solution functionality through the SEEK API.
- You must ensure that the following Apply Solution functionality is enabled for Advertisers via the SEEK API at all times: retrieving and distributing candidate applications to the Advertiser including all associated documents.
- Any issues impacting the Advertiser’s use of the SEEK employment marketplace via the SEEK API are to be advised to SEEK - API Support Team (apisupport@seek.com.au ) within 1 hour of the issue being detected. Support requests must clearly describe:
- An assessment of the impact to the Advertiser;
- The cause of the issue (if known);
- The duration of the issue;
- The expected timeframe to resolve the issue (if known);
- Any supporting logging data that can assist for diagnostic purposes.
- If you do not demonstrate full compliance with these Terms, SEEK may restrict or terminate your access to the SEEK API.
- SEEK may control the use of the SEEK API by you at any time.
- SEEK may provide you with support or modifications for the SEEK API, at our sole discretion.
- SEEK may stop providing support or modifications to you at any time without notice or liability to you.
- SEEK may release subsequent versions of the SEEK API and require that you use those subsequent versions. Your continued use of the SEEK API following a subsequent release will be deemed your acceptance of modifications.
- Any program or content made available to you by SEEK on the Developer Site (including, without limitation, the Data and the 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.
- While SEEK will use reasonable endeavours to ensure that the SEEK API is accessible to your Application at all times (subject to standard maintenance), SEEK makes no representation that the SEEK API will be available on a continuous basis.
- 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 the SEEK API, or the Data.
- SEEK reserves the right to, in its absolute discretion but acting reasonably, terminate your Licence for any reason.
- 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.
- Any written communications between you and SEEK will be made via the email address provided as part of your Identification Details.
- 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.
- SEEK may assign or novate rights and obligations under these Terms without your consent.
- 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.
- These terms do not create a partnership, joint venture or agency relationship between us. You will not make any statement regarding your use of the 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.
- These Terms are governed by the laws of Victoria, Australia. 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.