Terms of Service – Find A Recruiter
1. Introduction
1.1 Welcome to the Platform
1.1.1 Welcome to Find A Recruiter Pty Ltd ("Platform"), an innovative three-sided directory designed to connect Employers, Recruiters, and Jobseekers to meet a variety of professional needs.
1.1.2 By accessing or using our services, you agree to these Terms of Service ("ToS"), which form a binding legal agreement between you and Find A Recruiter Pty Ltd (ABN 38 611 846 407), a company registered in New South Wales, Australia.
1.1.3 If you do not agree to these Terms, you must discontinue using the Platform immediately.
1.2 Purpose of the Platform
1.2.1 The Platform is designed to:
1.2.1.1 Help Employers find Recruiters with specialized skillsets in particular industries, as well as executive, retained, and contingency recruitment expertise.
1.2.1.2 Enable Jobseekers to connect with Recruiters for premium services, such as career coaching, interview preparation, and enhanced jobseeker profile features (e.g., ID verification).
1.2.1.3 Provide Recruiters with a subscription-based platform to showcase their services to potential Employers and Jobseekers.
1.2.2 Facilitator Role:
1.2.2.1 The Platform acts solely as a facilitator to connect Recruiters, Employers, and Jobseekers.
1.2.2.2 The Platform does not control or guarantee the outcome of any interactions, agreements, or services between users.
1.3 Monetary Transactions
1.3.1 No monetary transactions between the three parties occur through the Platform.
1.3.2 Recruiters, Employers, and Jobseekers independently handle payments or agreements using their own payment processing methods, such as Stripe or direct bank transfers.
1.3.3 The Platform charges Recruiters a subscription fee for access.
1.3.4 Employers and Jobseekers can access most features for free, with the exception of an optional ID verification service for Jobseekers, costing $5.
1.4 User Acknowledgments
1.4.1 By using the Platform, you confirm that:
1.4.1.1 You meet all eligibility requirements outlined in these ToS.
1.4.1.2 You will use the Platform in compliance with applicable laws governed under the jurisdiction of New South Wales, Australia.
1.4.1.3 You agree to these ToS and our associated policies, including the Privacy Policy located at https://findrecruiters.com/privacy-policy
2. Definitions
For the purposes of these Terms of Service, the following definitions apply:
2.1 Recruiter:
Refers to an individual or an agency representative registered on the Platform to offer recruitment and related professional services. Recruiters may provide a wide range of services typically associated with the recruitment industry, including but not limited to executive search, contingency recruitment, career coaching, HR consulting, and interview preparation. The Platform prohibits the sale or offering of physical products.
2.2 Employer:
Refers to a bona fide company or organization legally registered and operating in compliance with the laws of its respective jurisdiction. Employers use the Platform to find and engage with Recruiters for services typically found within the scope of recruitment and HR, including but not limited to talent acquisition, workforce planning, and organizational consulting.
2.3 Jobseeker:
Refers to any individual registered on the Platform seeking career-related opportunities or professional services. Jobseekers may register free of charge but have the option to access additional premium features, such as enhanced ID-verified profiles for a $5 fee. Recruiters may independently decide whether to interact with or block connections from certain Jobseeker accounts (e.g., non-verified accounts).
2.4 Premium Services:
Refers to optional services available on the Platform, such as career coaching, interview preparation, and other Recruiter-provided offerings, as well as enhanced platform features like ID verification for Jobseeker profiles. Premium Services are determined and delivered by Recruiters or through Platform-enabled features, with no financial transactions processed by the Platform.
2.5 Platform:
Refers to the services, software, website, and tools provided by Find A Recruiter Pty Ltd to facilitate connections between Recruiters, Employers, and Jobseekers. This includes the functionality to create profiles, browse directories, and connect with other users.
2.6 User-Generated Content ("Content"):
Refers to all materials uploaded, shared, or submitted by users on the Platform, including profiles, job postings, service descriptions, reviews, and communications. Users are solely responsible for the accuracy, legality, and appropriateness of their Content.
3. Eligibility
To use the Platform, you must meet the following eligibility requirements:
3.1 Age Restriction:
You must be at least 18 years of age to access or use the Platform. Users under the age of 18 are strictly prohibited from creating an account or using any services provided by the Platform.
3.2 Account Accuracy:
You agree to provide accurate, complete, and truthful information during account registration and maintain the accuracy of such information at all times.
Failure to comply with this requirement may result in account suspension or termination without refund of any subscription fees or monies paid to the Platform.
You acknowledge that Find A Recruiter Pty Ltd is indemnified from any claims or damages, including but not limited to loss of business or employment opportunities, resulting from the suspension or termination of your account due to inaccurate information.
3.3 Global Access:
The Platform is available for users worldwide. However, by using the Platform, you acknowledge that all legal matters, claims, or disputes will be governed by and resolved under the laws of New South Wales, Australia, and any legal proceedings will take place in the courts located in Sydney, Australia.
3.4 Employer Verification:
Employers must certify that:
They are legally registered and operating in compliance with the laws of their respective jurisdiction.
They are signing up in good faith to use the Platform solely for recruitment and HR-related services.
3.5 Prohibited Parties:
We reserve the right to deny or terminate access to the Platform for any user, at our sole discretion, including but not limited to the following reasons:
Violating these Terms of Service or the Privacy Policy.
Using the Platform for purposes outside its intended use, such as copying features, stealing intellectual property, or acting as a competitor signing up under false pretenses.
Engaging in activities that are unlawful, harmful, or not in good faith.
3.6 Legal Compliance:
All users agree to comply with the applicable laws and regulations of their jurisdiction when using the Platform. Any failure to comply may result in the immediate suspension or termination of the account. Legal issues will ultimately be governed by the courts of New South Wales, Australia.
3.7 Subscription Payments for Recruiters:
By subscribing to the Platform, Recruiters explicitly confirm that:
They are authorized to act on behalf of the individual or agency name under which they are registering.
They are authorized to make payments on behalf of their agency or the registered account entity.
All interactions with the Platform and other users are conducted in good faith and in compliance with these Terms of Service.
4. User Obligations
All users of the Platform, including Recruiters, Employers, and Jobseekers, agree to the following obligations when accessing or using the services provided by Find A Recruiter Pty Ltd:
4.1 General Obligations for All Users
4.1.1 Users must conduct themselves professionally and respectfully in all communications and interactions on the Platform. Harassment, abuse, or inappropriate behavior of any kind is strictly prohibited.
4.1.2 Users are prohibited from misusing the Platform, including but not limited to:
Uploading, sharing, or transmitting illegal, offensive, discriminatory, defamatory, or harmful content.
Attempting to hack, scrape, or disrupt the functionality or security of the Platform.
Using browser extensions, plugins, or other tools to collect or replicate data, content, or features without written permission from Find A Recruiter Pty Ltd.
4.1.3 Users must respect the intellectual property of the Platform, and are strictly prohibited from:
Copying, reproducing, or distributing the Platform’s content, features, or designs.
Signing up or using the Platform with the intent to steal intellectual property, reverse-engineer functionality, or replicate features.
4.1.4 Users are responsible for maintaining the security of their login credentials (username and password). The Platform will not be held liable for any loss, damage, or unauthorized actions resulting from third-party access to a user’s account due to negligence or failure to secure their login information.
4.1.5 Users must comply with all applicable laws and regulations in their jurisdiction when using the Platform.
4.2 Specific Obligations for Recruiters
4.2.1 Recruiters must ensure that all information provided in their profiles, service descriptions, and communications is accurate, truthful, and compliant with applicable recruitment and employment laws. Misleading or deceptive practices are strictly prohibited.
4.2.2 Recruiters are solely responsible for the content they upload, share, or transmit on the Platform, including but not limited to:
Service descriptions, proposals, and messages shared with Employers or Jobseekers.
Adherence to laws regarding candidate privacy, discrimination, and ethical recruitment practices.
4.2.3 Recruiters are prohibited from:
Sharing or transmitting inappropriate, illegal, offensive, or harmful content.
Soliciting or advertising services unrelated to recruitment or career-related services.
4.2.4 If a Recruiter violates these obligations, their account may be terminated immediately without a refund of any subscription fees or other payments made to the Platform. Find A Recruiter Pty Ltd is not responsible for any legal or business consequences resulting from the Recruiter’s misconduct.
4.3 Specific Obligations for Employers
4.3.1 Employers must ensure that all job postings, service requests, or communications on the Platform are accurate, truthful, and compliant with applicable employment laws, including laws regarding discrimination and fair hiring practices.
4.3.2 Employers are solely responsible for:
The content of their job postings and service requests.
Their conduct on the Platform, including interactions with Recruiters or Jobseekers.
4.3.3 Employers are prohibited from:
Collecting or attempting to collect data from the Platform without explicit written permission from Find A Recruiter Pty Ltd.
Screenshotting, copying, or saving user information for purposes outside the intended use of the Platform.
Using browser plugins, bots, or similar tools to harvest data.
4.3.4 Violations of these obligations may result in immediate account termination without a refund of any payments made to the Platform.
4.4 Specific Obligations for Jobseekers
4.4.1 Jobseekers must provide accurate and truthful information in their profiles and communications, including their qualifications, employment history, and job-seeking intentions.
4.4.2 Jobseekers may only use the Platform for legitimate job-seeking or career-related purposes. Creating accounts for purposes other than job-seeking or career services is prohibited.
4.4.3 Jobseekers must respect the decision of Recruiters to block or refuse interaction with their accounts.
4.4.4 Spamming, mass messaging, or engaging in inappropriate or unprofessional communication with other users is strictly prohibited.
4.5 Prohibited Content and Activities
4.5.1 Users are prohibited from uploading, sharing, or transmitting any content that:
Is illegal, discriminatory, defamatory, harassing, offensive, or harmful.
Violates intellectual property rights or the privacy of others.
Disrupts the normal operation of the Platform.
4.5.2 Users are prohibited from engaging in any activities that disrupt the Platform, including:
Hacking, unauthorized access attempts, or disrupting the security of the Platform.
Scraping data, replicating Platform features, or reverse-engineering its functionality.
4.5.3 Violations of these rules will result in immediate account termination and may lead to further legal action.
4.6 Indemnity
4.6.1 All users agree to indemnify and hold harmless Find A Recruiter Pty Ltd, its directors, officers, and employees, from any claims, damages, losses, or liabilities arising from:
Their use of the Platform.
Their violation of these Terms of Service or any applicable laws.
Any disputes or damages resulting from their uploaded content, communications, or interactions with other users.
4.6.2 Users acknowledge that Find A Recruiter Pty Ltd is not responsible for any loss of business, employment opportunities, or legal consequences resulting from the suspension, termination, or misuse of their account.
5. Fees and Payments
This section outlines the fees, payment terms, and related policies applicable to all users of the Platform.
5.1 Recruiter Subscriptions
5.1.1 Recruiters are required to pay a monthly subscription fee to access and use the Platform. The subscription fee grants Recruiters access to features and services available at their subscription level.
5.1.2 No Guarantee of Results: Payment of the subscription fee does not guarantee any business opportunities, client interactions, or income resulting from the use of the Platform.
5.1.3 Non-Refundable Fees: All subscription fees are non-refundable under any circumstances, including but not limited to dissatisfaction with the Platform, account suspension, or account termination due to violations of these Terms of Service. By subscribing, Recruiters acknowledge and agree to this policy.
5.1.4 Failure to Pay: Failure to pay the subscription fee will result in the suspension or termination of the Recruiter’s account. While we will make reasonable efforts to store user data temporarily, Find A Recruiter Pty Ltd does not guarantee that any data will remain accessible if the subscription lapses.
5.2 Jobseeker Fees
5.2.1 Jobseekers can register and use the Platform for free. However, an optional $5 ID verification fee is available to enhance their profile for a better experience with Recruiters. Verified profiles may be preferred by some Recruiters.
5.2.2 Non-Refundable ID Verification Fee: The $5 ID verification fee is strictly non-refundable, even in the event of account termination, suspension, or dissatisfaction.
5.3 Employer Fees
5.3.1 Employers currently use the Platform for free. However, Find A Recruiter Pty Ltd reserves the right to introduce fees for Employers in the future.
5.3.2 Any changes to Employer fees will be communicated via email to the primary contact email address associated with the Employer’s account, with at least 30 days' notice.
5.4 Payment Methods
5.4.1 Recruiters are responsible for setting up and maintaining valid payment methods for their subscription fees. Accepted payment methods include credit card payments processed through the Platform's integrated payment processor (e.g., Stripe).
5.4.2 For transactions between Recruiters and their clients (Employers or Jobseekers), Recruiters are responsible for:
Entering their Stripe API keys into the Platform for direct payments.
Alternatively, using their own external accounting or invoicing systems to handle payments directly.
5.4.3 No Financial Intermediary Role: Find A Recruiter Pty Ltd does not process payments between Recruiters and their clients. All payment links, invoices, and financial transactions are the sole responsibility of the Recruiter.
5.4.4 Indemnity for Payment Issues: The Platform is not liable for any errors, delays, or issues resulting from third-party payment processors, including but not limited to Stripe. Recruiters and their clients agree to indemnify Find A Recruiter Pty Ltd from any claims or damages related to payment processing failures.
5.5 Taxes
5.5.1 All subscription fees are subject to a 10% Goods and Services Tax (GST) as required under Australian law.
5.5.2 For Recruiters located outside of Australia, the subscription fee automatically includes the GST component as part of the total charge. By subscribing, Recruiters outside Australia acknowledge that the GST-inclusive price reflects the final subscription fee.
5.6 Price Changes
5.6.1 Find A Recruiter Pty Ltd reserves the right to modify subscription fees or introduce additional fees for any services.
5.6.2 Users will be notified of price changes via email to the primary contact email address associated with their account at least 30 days prior to the new rates taking effect. Continued use of the Platform after the notice period constitutes acceptance of the new rates.
5.7 Disputes and Chargebacks
5.7.1 Users experiencing payment-related issues must contact our support team immediately at [support email address]. The Platform strives to resolve all payment issues amicably and to ensure users are satisfied with our services.
5.7.2 Users agree to attempt to resolve payment disputes with Find A Recruiter Pty Ltd before initiating a chargeback request with their payment provider. Failure to do so may result in the termination of the user’s account and further action to recover disputed funds.
5.7.3 By using the Platform, users agree to treat the Platform as a professional partner and not an adversary in resolving payment-related concerns.
5.8 Free Access Accounts
5.8.1 Jobseekers and Employers who access the Platform for free acknowledge that free accounts do not guarantee uninterrupted access to the Platform or any specific features.
5.8.2 Find A Recruiter Pty Ltd reserves the right to modify or terminate free access accounts or features at any time, at its sole discretion, without notice or liability.
6. Platform Use Restrictions
All users of the Platform, including Recruiters, Employers, and Jobseekers, must adhere to the following restrictions. Violations of these restrictions may result in immediate account termination, legal action, and no refund of any fees paid.
6.1 General Restrictions for All Users
6.1.1 Illegal Activities:
Users must not engage in or facilitate any illegal activities on or through the Platform. This includes, but is not limited to:
Fraud, theft, or unauthorized access to third-party accounts.
Activities that violate local, national, or international laws.
6.1.2 Misuse of the Platform:
Users are strictly prohibited from:
Scraping, crawling, or harvesting data from the Platform using automated tools or manual processes without explicit written permission.
Attempting to hack, disrupt, or reverse-engineer the Platform’s code, features, or security systems.
Training AI or machine learning models using data from the Platform, whether manually or through automation.
6.1.3 Identity Verification:
Users must provide accurate and truthful information and may not impersonate others or misrepresent their identity. A user may only sign up on behalf of another entity (e.g., an Employer or recruitment agency) if they are explicitly authorized to represent that entity.
6.1.4 Content Compliance:
Users must not upload, share, or transmit any content that is:
Offensive, defamatory, harassing, discriminatory, or harmful.
In violation of any intellectual property rights, including copyrighted or trademarked materials.
Malicious, including malware, spyware, or phishing links.
6.1.5 Platform Integrity:
Users must not:
Attempt to replicate, reverse-engineer, or copy any features, workflows, or intellectual property of the Platform.
Sign up or use the Platform with the intent of creating or improving a competing product or service.
If any user or competitor is found to have copied or replicated the Platform’s features, workflows, or intellectual property, Find A Recruiter Pty Ltd reserves the right to claim up to 51% of future revenue generated by the competing product or service. The enforceability of this clause will be subject to the jurisdiction of the courts of New South Wales, Australia.
6.2 Recruiter-Specific Restrictions
6.2.1 Permissible Scope of Services:
Recruiters may only promote and offer recruitment-related or HR-related services on the Platform. The sale or promotion of physical products, non-recruitment services, or any unrelated offerings is strictly prohibited.
6.2.2 Good Faith Practices:
Recruiters must operate in good faith and ensure that all services offered on the Platform are consistent with the services they provide as part of their regular business operations. Misleading or fraudulent service descriptions are prohibited.
6.2.3 Content Responsibility:
Recruiters are solely responsible for all content they upload, share, or transmit through the Platform, including service descriptions, job postings, and communication with Employers and Jobseekers. Any unlawful, offensive, or inappropriate content will result in immediate account termination without refund.
6.3 Employer-Specific Restrictions
6.3.1 Permissible Use:
Employers must only use the Platform for recruitment or HR-related purposes. Employers are prohibited from:
Posting discriminatory, false, or unlawful service requests.
Soliciting users for purposes outside of recruitment or HR services.
6.3.2 Data Privacy:
Employers may not collect, scrape, or harvest Recruiter or Jobseeker data without explicit permission. Attempts to do so will result in immediate account termination.
6.3.3 Prohibited Conduct:
Employers must not misuse the Platform, including:
Posting fraudulent job opportunities or service requests.
Screenshotting or saving Recruiter or Jobseeker profiles without permission.
6.4 Jobseeker-Specific Restrictions
6.4.1 Legitimate Use:
Jobseekers may only use the Platform for genuine job-seeking or career-related purposes. Creating fake profiles, uploading false qualifications, or engaging in any activities outside of these purposes is strictly prohibited.
6.4.2 Harassment and Spam:
Jobseekers may not harass or spam Recruiters or Employers. Examples of harassment include, but are not limited to:
Sending repeated unsolicited messages after being blocked.
Calling, emailing, or messaging Recruiters or Employers without prior consent.
Using the Platform to find contact details and initiating contact outside the Platform without permission.
6.5 Prohibited Content
6.5.1 Offensive and Harmful Content:
Users are prohibited from uploading, sharing, or transmitting any content that:
Is offensive, defamatory, harassing, or discriminatory.
Promotes violence, hate speech, or illegal activities.
Contains malware, viruses, or other malicious code.
6.5.2 Intellectual Property Violations:
Users may not upload or share content that infringes on the intellectual property rights of others, including copyrighted materials, trademarks, or trade secrets.
6.5.3 Consequences:
Uploading prohibited content will result in immediate account termination and may lead to further legal action.
6.6 Account Sharing and Transfers
6.6.1 Individual Accounts:
Individual accounts (e.g., Jobseeker or personal Recruiter accounts) may not be transferred, sold, or rented to any other person or entity.
6.6.2 Business Accounts:
Agency and Employer accounts may be transferred to a new primary contact if:
The new contact updates their payment information and accepts the Terms of Service.
The transfer is made in good faith and approved by the account’s original owner or representative.
6.7 Consequences of Violations
6.7.1 Account Termination:
Any violation of these restrictions may result in immediate account termination without refund of any subscription fees or other payments made to the Platform.
6.7.2 Legal Action:
In addition to account termination, Find A Recruiter Pty Ltd reserves the right to pursue legal action for damages, loss of business, or infringement of intellectual property rights.
6.7.3 Indemnity:
Users agree to indemnify Find A Recruiter Pty Ltd against any claims, damages, or liabilities arising from their violation of these restrictions or misuse of the Platform.
7. Privacy and Data Usage
This section outlines the Platform’s practices regarding the collection, use, and storage of user data. By using the Platform, you agree to the terms outlined here and in our Privacy Policy.
7.1 Privacy Policy Reference
7.1.1 The Platform operates in accordance with the Privacy Policy available at https://findrecruiters.com/privacy-policy. Users are encouraged to review the Privacy Policy for detailed information on how their data is collected, used, and protected.
7.1.2 Use of the Platform constitutes acknowledgment and acceptance of the practices outlined in the Privacy Policy and these Terms of Service.
7.2 Data Collection
7.2.1 Types of Data Collected:
The Platform collects the following types of data to operate, improve services, and ensure compliance with Australian state and federal laws:
User-Generated Data: Includes profiles, interaction history, and uploaded content.
Platform Usage Data: Includes analytics on how users interact with the Platform.
7.2.2 Purpose of Data Collection:
Data is collected for the following purposes:
To provide and improve Platform functionality.
To comply with applicable laws and regulatory requirements.
To enhance user experience and improve Platform efficiency.
7.2.3 No Sale or Rental of Data:
The Platform does not sell or rent user data to third parties under any circumstances.
7.3 Data Sharing with Third Parties
7.3.1 Permissible Sharing:
The Platform shares data only with:
Analytics Providers: Standard tools (e.g., Google Analytics) are used to improve user experience.
Marketing Providers: Retargeting technology is used for marketing purposes only, such as serving advertisements to users based on Platform activity.
Payment Processors: Stripe is used to process subscription payments.
7.3.2 Data Location:
All Platform data, including user data, is stored on servers located in the United States (US East Coast).
7.3.3 Third-Party Responsibility:
Data shared with vendors such as Stripe or analytics providers is governed by their respective privacy policies. Find A Recruiter Pty Ltd is not liable for how third-party vendors handle user data within the scope of their services.
7.3.4 Prohibition on Data Sales:
User data is never sold or rented to third parties for marketing purposes or any other reason.
7.4 User Responsibilities Regarding Data
7.4.1 Prohibited Data Uploads:
Users must not upload sensitive or private information they do not wish to share on the Platform, including:
Banking details.
Passwords.
Confidential personal or business information, unless explicitly required for secure transactions.
7.4.2 Vortex File Manager:
Users may opt to use the optional Vortex File Manager for secure file storage and access permissions. The Platform does not access or review the content of files stored in Vortex. Users are solely responsible for managing access permissions and any associated fees.
7.5 Platform Liability for Data Security
7.5.1 The Platform employs industry-standard measures to protect user data, including encryption and secure server infrastructure. However, Find A Recruiter Pty Ltd does not guarantee:
That user data is hack-proof or immune to breaches by third parties.
That data will be backed up or restored after account suspension, termination, or technical issues.
7.5.2 The Platform is not liable for:
Data breaches caused by third-party vendors or user negligence.
Loss or corruption of user data resulting from technical failures, cyberattacks, or other unforeseen events.
7.5.3 Users acknowledge the inherent risks of using online platforms and indemnify Find A Recruiter Pty Ltd from any claims or damages arising from such risks.
7.6 User Rights
7.6.1 Access and Edit Rights:
Users may request access to or edits of their personal data through the Platform or by contacting customer support.
7.6.2 Data Deletion Requests:
User-generated data will not be deleted where it conflicts with Australian state and federal financial records compliance laws.
Basic publicly available business information (e.g., company names, addresses) sourced from search engines or other publicly accessible records will not be deleted.
7.7 Data Retention
7.7.1 User data will be retained for up to the maximum permissible time under Australian state and federal business records compliance laws.
7.7.2 After account termination or inactivity, the Platform may not retain usage data. Users attempting to reactivate accounts after an extended period may not be able to recover previously stored usage data.
7.8 Legal Compliance
7.8.1 The Platform complies with all applicable Australian privacy laws, including but not limited to:
The Australian Privacy Act 1988, including its Australian Privacy Principles (APPs).
Relevant laws and regulations governing data storage, protection, and retention in the state of New South Wales.
7.8.2 For international users, Australian law governs how the Platform collects, stores, and processes data. Any disputes must be filed and litigated exclusively in Sydney, New South Wales, under Australian federal and state law.
7.9 Cookies and Tracking
7.9.1 The Platform uses cookies, analytics tools, and tracking technologies to:
Enhance user experience by monitoring and improving Platform functionality.
Conduct targeted marketing and retargeting based on user activity on the Platform.
7.9.2 Users consent to the use of cookies and similar technologies by using the Platform.
7.10 Changes to Privacy Practices
7.10.1 The Platform reserves the right to update its privacy practices and policies at any time. Updates will be published at https://findrecruiters.com/privacy-policy and emailed to users at least 30 days before changes take effect.
8. Third-Party Services
The Platform integrates and collaborates with third-party service providers to deliver certain functionalities and improve user experience. By using the Platform, you acknowledge and agree to the terms outlined below regarding third-party services.
8.1 List of Third-Party Services
8.1.1 The Platform currently integrates with the following third-party service providers:
Stripe: For payment processing and subscription management.
Google Analytics: For tracking user activity and improving Platform performance.
Meta (including Facebook and Instagram): For marketing and retargeting purposes.
Google Ads: For marketing and advertising campaigns.
LinkedIn Ads: For targeted advertising and retargeting.
Reddit Ads: For marketing and advertising campaigns.
Amazon S3: For secure data and file storage.
Base64: For encoding and decoding processes on certain data-related functionalities.
8.1.2 This list is not exhaustive, and Find A Recruiter Pty Ltd reserves the right to add, remove, or replace third-party service providers at its sole discretion, with or without prior notice to users.
8.2 Third-Party Functionality
8.2.1 Third-party services are used to:
Process subscription payments (e.g., via Stripe).
Analyze user behavior and interactions on the Platform to enhance functionality and user experience (e.g., via Google Analytics).
Deliver marketing and advertising campaigns, including retargeting based on user activity (e.g., Meta, Google Ads, LinkedIn Ads, and Reddit Ads).
Securely store data and files uploaded to the Platform (e.g., via Amazon S3).
8.2.2 All third-party services operate independently of the Platform and are governed by their own terms of service and privacy policies. Users are responsible for reviewing and complying with the terms and conditions of these services.
8.3 Platform Liability for Third-Party Services
8.3.1 No Liability for Third-Party Failures:
Find A Recruiter Pty Ltd is not liable for any errors, breaches, outages, or failures caused by third-party service providers, including but not limited to:
Payment processing delays or errors caused by Stripe.
Analytics data inaccuracies caused by Google Analytics or similar providers.
Misuse of advertising data by Meta, Google Ads, LinkedIn Ads, or Reddit Ads.
Data storage issues or breaches on Amazon S3.
8.3.2 Engagement at User’s Risk:
Users acknowledge that engagement with third-party services is at their own risk. The Platform provides no guarantees or warranties regarding the performance, security, or availability of third-party services.
8.4 Data Sharing with Third-Party Services
8.4.1 Types of Data Shared:
The following data may be shared with third-party services to enable Platform functionality:
Stripe: Payment and billing information, including subscription details.
Analytics Providers (e.g., Google Analytics): Platform usage data, such as page views, interactions, and session durations.
Marketing Platforms (e.g., Meta, Google Ads, LinkedIn Ads, Reddit Ads): Anonymized or aggregated user activity data for retargeting campaigns.
Amazon S3: Secure storage of uploaded user files.
8.4.2 No Sale of Data:
The Platform does not sell or rent any user data to third-party providers. Data shared is strictly limited to what is necessary for the operation of their services.
8.4.3 Indemnity for Third-Party Misuse:
By using the Platform, users indemnify and hold harmless Find A Recruiter Pty Ltd from any claims, damages, or losses arising from:
Misuse of user data by third-party service providers.
Breaches, errors, or data loss caused by third-party services.
8.4.4 No SLA Guarantees:
The Platform is provided on a best-effort basis and does not guarantee service uptime, functionality, or uninterrupted access to third-party integrations. In the event of outages, breaches, or failures related to third-party services, Find A Recruiter Pty Ltd is not liable for damages, loss of business, or inconvenience caused to users.
8.5 User Responsibilities
8.5.1 Users are responsible for complying with the terms and conditions of third-party services they engage with through the Platform, including but not limited to:
Stripe’s payment processing terms and privacy policies.
The privacy policies and data usage practices of advertising platforms (e.g., Meta, Google Ads).
8.5.2 Any disputes between users and third-party service providers must be resolved directly with the provider and not with Find A Recruiter Pty Ltd.
8.6 Changes in Third-Party Services
8.6.1 Find A Recruiter Pty Ltd reserves the right to modify, add, or remove third-party service integrations at any time without prior notice.
8.6.2 Users acknowledge that such changes may affect the availability or functionality of certain Platform features, and Find A Recruiter Pty Ltd is not liable for any disruptions caused by these changes.
8.7 Jurisdiction
8.7.1 All disputes or claims involving third-party services must be resolved directly with the respective service provider in accordance with their governing laws and jurisdiction.
8.7.2 For all other disputes involving the Platform, users agree that such disputes will be governed exclusively by the laws of New South Wales, Australia, and resolved in the courts of Sydney, NSW.
9. Limitation of Liability
The Platform is offered by Find A Recruiter Pty Ltd ("Company") on an "as-is" and "as-available" basis. By using the Platform, you expressly acknowledge and agree to the following limitations of liability:
9.1 General Liability Limitations
9.1.1 No Guarantees or Warranties:
The Platform is provided on an "as-is" and "as-available" basis, with no guarantees of performance, uptime, or fitness for a particular purpose. The Company expressly disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
9.1.2 No Liability for Disruptions:
The Company shall not be held liable for any errors, interruptions, outages, or disruptions in service, whether caused by technical failures, cyberattacks, maintenance, or unforeseen circumstances. Users agree to fully indemnify the Company against any claims, class actions, or damages arising from Platform outages or service disruptions.
9.2 Platform Interactions
9.2.1 Facilitation Only:
The Platform acts solely as a facilitator, providing tools for Employers, Recruiters, and Jobseekers to connect and conduct business. The Company does not endorse, guarantee, or participate in any outcomes, whether positive or negative, resulting from these interactions.
9.2.2 Accuracy of User-Generated Content:
The Platform provides tools for parties to leave reviews of each other, but the Company cannot verify, guarantee, or ensure the accuracy, completeness, or truthfulness of any reviews or user-generated content on the Platform.
9.2.3 No Involvement in Disputes:
Any disputes, claims, or issues arising from interactions, agreements, or transactions between users are strictly between the users involved. The Company is not a party to these interactions and bears no responsibility or liability for their outcomes. Users expressly waive any claim against the Company for any damages or losses resulting from these interactions.
9.3 Liability for Losses
9.3.1 To the maximum extent permitted by law, the Company is not liable for any damages, including but not limited to:
Direct Damages: Any direct monetary losses incurred by users.
Indirect Damages: Loss of revenue, profit, contracts, opportunities, or goodwill.
Incidental or Consequential Damages: Costs of substitute services, downtime, loss of data, or reputational harm.
Special or Punitive Damages: Any damages intended to penalize or make an example.
9.3.2 The Company’s liability is fully excluded for:
Misuse or unauthorized access to user accounts by third parties.
Errors or omissions in content or services provided by users of the Platform.
Platform outages, interruptions, or technical failures, regardless of their cause.
9.4 Financial Transactions
9.4.1 The Company does not process financial transactions between Recruiters, Employers, and Jobseekers. Users independently handle payments through their own systems, such as Stripe or external invoicing software.
9.4.2 The Company bears no liability for:
Payment disputes between users.
Non-payment, fraud, or misrepresentation by any party.
Errors or breaches caused by third-party payment systems (e.g., Stripe).
9.5 Third-Party Services
9.5.1 The Company integrates with third-party services to provide certain features and functionalities. These services operate independently and are governed by their own terms of service and privacy policies.
9.5.2 The Company disclaims all liability for any:
Errors, breaches, or failures caused by third-party service providers.
Misuse of user data by third-party providers.
Users agree that engaging with third-party services is at their own risk and indemnify the Company from any claims or damages resulting from third-party interactions.
9.6 Cap on Liability
9.6.1 To the maximum extent permitted by law, the Company’s total liability for any claim, dispute, or damages arising out of or in connection with the use of the Platform is strictly limited to the total subscription fees paid by the user to the Company in the 12 months preceding the event giving rise to the claim.
9.6.2 If no subscription fees have been paid, the Company’s total liability is zero.
9.7 Indemnification by Users
9.7.1 Users agree to indemnify and hold harmless Find A Recruiter Pty Ltd, its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising from:
Their misuse of the Platform.
Their violation of these Terms of Service.
Any unlawful, unethical, or fraudulent behavior conducted through the Platform.
Any disputes, interactions, or transactions with other users.
9.7.2 This indemnity extends to cover any claims brought by third parties, including but not limited to disputes over intellectual property infringement, privacy violations, or breach of contract initiated by the user.
9.8 Jurisdiction
9.8.1 These Terms of Service are governed exclusively by the laws of New South Wales, Australia.
9.8.2 Any claims, disputes, or legal proceedings arising from the use of the Platform must be filed and conducted exclusively in the courts of Sydney, NSW, Australia. Users expressly waive any right to bring claims in other jurisdictions or venues.
10. Termination
This section outlines the rights and obligations of both users and Find A Recruiter Pty Ltd ("Company") in relation to account termination. By using the Platform, you acknowledge and agree to these terms.
10.1 Voluntary Termination by Users
10.1.1 Account Termination:
Users may terminate their accounts at any time by providing written notice via the Platform’s support system or email.
10.1.2 No Refunds:
Subscription fees and any associated payments are strictly non-refundable, even if the user voluntarily terminates their account before the end of a subscription period.
10.2 Termination by the Platform
10.2.1 Right to Terminate:
The Company reserves the right to suspend or terminate any account, at its sole discretion, for any reason, including but not limited to:
Violation of these Terms of Service or other policies.
Unlawful behavior, including fraud, harassment, or intellectual property infringement.
Misuse of the Platform, such as scraping data, spamming other users, or uploading prohibited content.
Breach of local, state, or federal laws, including recruitment, employment, and privacy laws.
10.2.2 Examples of Violations Leading to Termination:
Examples of violations that may result in termination include, but are not limited to:
Attempting to hack or disrupt the Platform.
Sharing, copying, or attempting to reverse-engineer the Platform’s intellectual property or features.
Uploading defamatory, discriminatory, or harmful content.
Impersonating another individual or organization without authorization.
Using the Platform as a competitor to replicate features, workflows, or other intellectual property.
10.2.3 Future Violations:
The Company reserves the right to terminate accounts for any emerging behaviors or activities that are determined to be harmful, unethical, or illegal, even if not explicitly outlined here.
10.3 Immediate Termination
10.3.1 Serious Violations:
The Company may immediately terminate an account without prior notice for serious violations, including but not limited to:
Attempts to hack, disrupt, or damage the Platform’s systems or infrastructure.
Theft or unauthorized use of the Company’s intellectual property.
Engaging in illegal activities through the Platform.
10.3.2 No Refunds or Recourse:
In cases of immediate termination, the user forfeits any right to refunds or recourse against the Company.
10.4 Data Retention After Termination
10.4.1 Retention Period:
The Company will retain raw user data for the maximum period required under applicable New South Wales state laws and Australian federal financial records-keeping laws.
10.4.2 Legal Compliance:
The retention of user data is subject to the Company’s obligations under Australian law, which may override any international privacy rights (e.g., GDPR or CCPA).
10.5 Access to Data
10.5.1 Requesting Data Before Termination:
Users may request access to basic account data before termination. However, the following types of data will not be included in such requests:
Jobseeker Information: Data related to Jobseekers interacting with Recruiters or Employers, due to privacy restrictions.
Confidential Communications: Messages or files shared between users that may contain sensitive or proprietary information.
Platform-Specific Analytics: Usage analytics, logs, or system-generated data, as this data is proprietary to the Company.
10.5.2 Limited Data Disclosure:
The Company will only provide data that complies with applicable laws, such as GDPR or CCPA, while ensuring no privacy violations of third parties occur.
10.6 Effect of Termination
10.6.1 Loss of Access:
Upon account termination, users will immediately lose access to their accounts, associated data, and Platform features.
10.6.2 Reactivation Requests:
The Company may, at its sole discretion, allow reactivation of an account within 30 days of termination. After this period, reactivation cannot be guaranteed.
10.7 Platform Liability for Termination
10.7.1 No Liability for Termination Effects:
The Company is not liable for any loss of business, revenue, reputation, or other damages resulting from account termination, whether initiated by the user or the Company.
10.7.2 Indemnification for Termination Actions:
Users agree to indemnify the Company against any claims, disputes, or damages resulting from account termination, including but not limited to:
Claims of wrongful termination.
Loss of data or business opportunities resulting from termination.
Any legal disputes between users caused by the termination of one or more accounts.
10.7.3 Platform Rights:
Termination of an account does not waive the Company’s right to pursue legal action for violations of these Terms of Service or applicable laws, including but not limited to theft, fraud, and intellectual property infringement.
10.8 Jurisdiction
10.8.1 All disputes related to account termination are subject to the exclusive jurisdiction of the courts in Sydney, New South Wales, Australia, and governed by the laws of New South Wales and Australia.
11. Dispute Resolution
This section outlines the process and terms for resolving disputes between users and Find A Recruiter Pty Ltd ("Company"). By using the Platform, you agree to the following dispute resolution terms:
11.1 Primary Resolution Method
11.1.1 Contact Support First:
Before initiating any formal dispute resolution process, users must contact the Company’s support team at [support email address] to attempt an informal resolution. Users agree to provide the Company a reasonable opportunity (no less than 30 days) to resolve the issue informally.
11.1.2 Good Faith Requirement:
Both parties agree to act in good faith during the informal resolution process.
11.2 Mandatory Mediation and Arbitration
11.2.1 Mediation Requirement:
If the dispute cannot be resolved informally, users agree to first submit the dispute to mediation conducted by a provider of the Company’s choosing. The mediation will take place in Sydney, New South Wales, Australia.
11.2.2 Arbitration Requirement:
If mediation fails, the dispute must be submitted to binding arbitration under the rules of the arbitration provider chosen by the Company. The arbitration will also take place in Sydney, NSW, and will be governed by Australian law.
11.2.3 Arbitration Rules:
The arbitration will be conducted by a single arbitrator with expertise in commercial law and technology disputes.
The arbitrator’s decision will be final and binding, with no right of appeal, except as required by Australian law.
11.2.4 Costs of Mediation and Arbitration:
Each party is responsible for its own legal fees and costs incurred during mediation and arbitration unless otherwise required by law or directed by the mediator/arbitrator.
11.3 Class Action Waiver
11.3.1 Users expressly waive the right to participate in any class-action lawsuit or collective proceeding against the Company. Any dispute must be resolved on an individual basis.
11.3.2 Users agree that combining claims with others or proceeding as part of a class action is strictly prohibited and unenforceable under these Terms of Service.
11.4 Legal Proceedings
11.4.1 Exclusive Jurisdiction:
If a dispute is not resolved through mediation or arbitration (or if an exception applies, as outlined below), users agree that all legal proceedings will be conducted exclusively in the courts of Sydney, New South Wales, Australia, under NSW state and Australian federal laws.
11.4.2 Applicable Law:
All disputes will be governed exclusively by the laws of Australia, including the applicable laws of the state of New South Wales, regardless of the user’s location.
11.5 Exceptions to Mediation and Arbitration
11.5.1 The following disputes may proceed directly to court without requiring mediation or arbitration:
Claims involving intellectual property infringement or misappropriation.
Fraud or criminal activity.
Any dispute where the Company seeks injunctive or equitable relief to protect its intellectual property, proprietary information, or other legal rights.
11.6 Binding Nature of Arbitration
11.6.1 Users agree that arbitration decisions are final and binding. No appeals will be permitted except as required by applicable Australian law.
11.6.2 The arbitrator’s decision may be entered as a judgment in any court of competent jurisdiction.
11.7 Costs and Fees
11.7.1 Unless otherwise required by law, each party agrees to bear its own costs and legal fees for all stages of the dispute resolution process, including informal resolution, mediation, and arbitration.
11.7.2 In cases of bad faith conduct by either party, the arbitrator or court may award legal costs to the opposing party.
11.8 Notices and Communication
11.8.1 All dispute-related communications must be sent to the Company at [support email address] and must include:
The user’s full name and account information.
A detailed description of the issue.
Evidence supporting the claim (if applicable).
11.8.2 The Company will respond to dispute-related communications in good faith and within a reasonable timeframe.
12. Changes to Terms
This section outlines the rights of Find A Recruiter Pty Ltd ("Company") to modify these Terms of Service and how changes will be communicated to users.
12.1 Right to Modify Terms
12.1.1 Discretion to Modify:
The Company reserves the right to modify, update, or amend these Terms of Service at any time at its sole discretion.
12.1.2 Scope of Changes:
Changes may include, but are not limited to, updates to:
User obligations and responsibilities.
Fees, payment terms, and subscription plans.
Platform features, restrictions, or functionality.
Legal provisions, including those related to jurisdiction and dispute resolution.
12.2 Communication of Changes
12.2.1 Notification of Changes:
The Company will notify users of material changes to these Terms of Service by:
Posting the updated Terms on the Platform’s website.
Sending an email notification to the primary email address associated with the user’s account.
12.2.2 Advance Notice:
Material changes will take effect no earlier than 30 days after notification is provided, unless the changes are required by law or to protect the security or integrity of the Platform, in which case they may take effect immediately.
12.3 User Responsibility
12.3.1 Review of Terms:
Users are responsible for reviewing the updated Terms of Service and ensuring continued compliance.
12.3.2 Continued Use as Acceptance:
By continuing to access or use the Platform after the updated Terms of Service become effective, users agree to be bound by the revised Terms. If users do not agree to the changes, they must terminate their accounts immediately.
12.4 Non-Material Changes
12.4.1 Non-material changes or clarifications to these Terms may be made without advance notice. Users are encouraged to periodically review the Terms of Service to stay informed about their rights and responsibilities.
12.5 No Retroactive Changes
12.5.1 The Company will not make changes to these Terms that retroactively reduce users' rights or increase their obligations without their explicit consent, except as required by law.
12.6 Jurisdiction of Changes
12.6.1 Any disputes arising from changes to these Terms of Service will be governed by the laws of New South Wales, Australia, and must be resolved in the courts of Sydney, NSW, Australia.