Terms of Use – Find A Recruiter
1 Acceptance of Terms of Use
1.1
This website, app, platform, and any service offered under the name “Find A Recruiter” (“Platform”) is operated by FindaRecruiter Pty Ltd (ACN 611 846 407) and its related entities or body corporates (“us”, “we” and “our”).
1.2
Your use of this Platform is subject to these terms of use (“Terms of Use”). The Terms of Use constitute a binding legal agreement between you and us, and your continued use of the Platform constitutes your acceptance and acknowledgement of these Terms of Use, our Privacy Policy, and any other policy displayed on the Platform, all of which constitute a part of the Terms of Use. If you do not agree to the Terms of Use, you must not use the Platform.
1.3
Any time you visit the Platform, purchase any services on the Platform, or enter into any transaction on the Platform whatsoever, you are taken to accept these Terms of Use.
1.4
We may amend or modify the Platform, the Terms of Use, and/or the Privacy Policy at our sole discretion and at any time. Any amendments are effective 14 days after publication on the Platform. Your continued use of the Platform indicates your continued acceptance of the Terms of Use as modified.
1.5
These Terms of Use will prevail over any other terms or agreement between you and us.
2 Definitions
2.1
In these Terms of Use:
Copyright Act means the Copyright Act 1968.
Engagement means the engagement of the Recruiter by the Seeker to provide recruitment services.
GST means goods and services tax as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)).
Platform means this website, app, platform, and any service offered under the name “Find A Recruiter” or “FindRecruiters”.
Privacy Policy means our privacy policy available Here.
Recruiter means a User who is registered on the Platform as a recruiter and seeks to provide recruiting services to Seekers or other Users.
Request means a request for Recruiters posted on the Platform by an Seeker, which may contain various information in relation to the services required by the Seeker.
Seeker means any User who uses the Platform to search for a Recruiter, whether they are an Employer, jobseeker, or another recruiter searching for Recruiters.
Subscription Fee means a fee payable by the Recruiter to us for its chosen Subscription Planto the Platform, as set out in the Platform and subject to change from time to time.
Subscription Plan means a subscription to our Platform on the terms and conditions set outon the Platform.
Terms of Use means these Terms of Use which include the Privacy Policy.
Uploaded Content means any content whatsoever which you upload to the Platform, including but not limited to any descriptions, reviews, usage data, feedback, comments, chats, and media.
User means any person using or registering on the Platform whatsoever.
Warranties mean any warranties, conditions, terms, representations, statements and promises of whatever nature, whether express or implied.
We, us, our means FindaRecruiter Pty Ltd (ACN 611 846 407) and its related entities or body corporates.
You or you mean any person who uses or accesses the Platform, including any User.
3 Preconditions to use
3.1
Access to and use of this Platform is subject to you being at least 18 years old and having the legal capacity to enter into binding contracts. Accordingly, by using the Platform, you warrant the above to us. If the above conditions are not satisfied, please cease using the Platform immediately.
4 Registration
4.1
You may be required to be a registered member to access certain features of the Platform.
4.2
When you register and activate your account, you will provide us with personal information such as your name, email address, the name of the legal entity that you are representing and other details. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.
4.3
If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform.
4.4
You will create a username and password. You are responsible for keeping this username and password secure and are responsible for all use and activity carried out under this username. You must not share your account credentials with any third party. We do not authorise anyone to use the service on your behalf, and we will not be liable for any loss or damage arising from any kind of unauthorised activity that takes place under your account.
4.5
You must not impersonate some other individual, business or company. In case you try to present yourself as another individual or company, your account may be suspended and legal action may be taken against you.
4.6
You agree not to create an account or use the Platform if you have been previously removed or suspended by us from the use of the Platform.
5 Uploaded Content
5.1
Where the Platform allows you to upload any Uploaded Content, you:
(a)
represent and warrant to us that you have all right, title, interest, and authority in the Uploaded Content;
(b)
represent and warrant to us that you have the permission to use the name and likeness of each person whose image appears in any Uploaded Content in the manner contemplated by these Terms of Use;
(c)
represent and warrant to us that the use or exploitation of Uploaded Content will not infringe the rights of any third party (including, but are not limited to, intellectual property rights and privacy rights); and
(d)
agree and undertake to us to pay all amounts which become owing to any person (whether by way of royalty or otherwise) as a result of or in connection with your submission of the Uploaded Content to or via the Platform.
5.2
It is your responsibility to back up any Uploaded Content to your own systems. We do not guarantee that the Platform will always be available.
5.3
You acknowledge and agree that Uploaded Content (including, but not limited to, your personal information) may be available and accessible by other Users and members of the public, or in search engine results.
5.4
You agree that we can store Uploaded Content on our servers.
5.5
To the maximum extent permitted by law, you release us and indemnify us from any claim or loss in relation to any Uploaded Content.
6 Your Conduct
6.1
In using the Platform, you must:
(a)
always act courteously and politely with us and any other User;
(b)
strictly comply with any policy displayed on the Platform;
(c)
obey all laws whatsoever (including international law) which may apply in respect of your use of the Platform;
(d)
not take any action that is likely to impose upon the Platform (or our servers, or the servers of our third-party suppliers) a disproportionately large load;
(e)
not interfere with the proper working of the Platform or any activities conducted via the Platform, including by using any automated or manual software or process to “crawl”, “spider” or engage in similar conduct in relation to the Platform;
(f)
except to the extent the Copyright Act allows you to do so, not reverse engineer or otherwise seek to obtain any source code forming part of the Platform;
(g)
not to do anything or add any Uploaded Content:
(i)
that may be considered harassment or bullying;
(ii)
that may result in you, us or any other User breaching any law, regulation, rule, code, or other legal obligation;
(iii)
that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, profane, in breach of confidence, in breach of privacy or harassing;
(iv)
that would bring us or the Platform into disrepute;
(v)
that infringes the rights of any person;
(vi)
that you know (or ought reasonably to suspect) is false, misleading, untruthful, or inaccurate; or
(vii)
that contains or constitutes unsolicited or unauthorised advertising (including junk mail or spam).
7 Use of the Platform
7.1
The Platform is a marketplace and a platform that allows Users (including Seekers) to find and communicate with Recruiters, and vice versa.
7.2
Seekers may create Requests that will be shared with or made viewable to Recruiters. In relation to any Request:
(a)
a Request is merely a request for expressions of interests and does not constitute a legally binding offer in any way; and
(b)
a Request may be modified or cancelled by the Seeker or by us at any time, for any reason, and without any liability.
7.3
You agree that the Platform does not offer any formal functionality for Recruiters and Seekers to actually enter into an Engagement. Seekers and Recruiters are meant to use the Platform merely to communicate with one another and enter into discussions, while the official Engagement will be finalised and entered by Seekers and Recruiters outside of the Platform.
8 Warranties and acknowledgements
8.1
You acknowledge and agree that:
(a)
the only service we provide to you is access to the Platform;
(b)
any Engagement is a separate agreement directly between the Seeker and the Recruiter that does not occur on the Platform. We are not a party to any Engagement in any way, and its formation will not, under any circumstance, create any relationship of employment, agency, partnership or otherwise between us and you, or us and any User. We will not be responsible for any matter whatsoever arising in connection with any Engagement (including, without limitation, any payment obligations or any services provided);
(c)
each User is running a separate, independent business or person from our business. There is no relationship between us and a User beyond that of independent contractors; and
(d)
we have no obligation to any User to assist or involve ourselves in any dispute between Users, although we may at, our sole discretion, choose to do so in certain instances.
9 Subscriptions
9.1
This clause 9 applies in relation to Recruiters only. Seekers do not have to pay us any Subscription Fee.
9.2
Any User who wants to be registered as a Recruiter must choose and pay for an applicable Subscription Plan.
9.3
The Recruiter must pay us the Subscription Fee in each billing period of the Subscription Plan, in advance, free of setoff or counterclaim.
9.4
Unless otherwise stated, all fees and prices are stated in Australian dollars and are exclusive of GST or any other tax.
9.5
Payment of the Subscription Fee must be made using the payment service provider currently being used on the Platform. Recruiters irrevocably authorise us to automatically charge their accounts using the payment service provider.
9.6
At the end of each billing period, the Subscription Period will automatically renew for an additional equivalent billing period, unless the Recruiter cancels the Subscription prior to the expiration of the current billing period.
9.7
Recruiters can cancel the Subscription Plan at any time. The cancellation will take effect at the end of the current billing period.
9.8
The Subscription Fee is strictly non-refundable and will not be pro-rated for any reason unless we determine otherwise at our sole discretion. This clause applies even if we cancel a Subscription Plan.
9.9
Recruiters may change your Subscription Plan at any time. If a Recruiter changes its Subscription Plan, the new plan and new billing period will be based upon the date we receive payment of the new Subscription Fee. If the Recruiter upgrades its Subscription Plan, it will result in a new billing date effective upon the date of payment of the additional fees. If a Recruiter downgrades a Subscription Plan, it will not receive a refund for the Subscription Fee already paid; instead your Subscription Plan will continue to the end of its current billing period but will not renew afterwards. Upon expiration, the downgraded Subscription Plan will begin.
9.10
You agree that we may change our prices, fees, payment service provider (including, without limitation, implementing new fees or costs, increasing existing fees, or requiring that you bear any associated third-party costs or charges) at any time, except that if you are already subscribed to a Subscription Plan, any change to a Subscription Fee will only take effect after end of the current Subscription Period.
10 Intellectual Property Rights
10.1
Except where otherwise indicated or implied by context, we are the sole owners or licensees of all intellectual property comprised in the Platform (including all intellectual property comprised in the Platform content), and nothing in these Terms of Use constitutes a transfer of any intellectual property rights in or related to the Platform or Platform content.
10.2
You acknowledge and agree that the Platform and the content contained therein are protected by copyright, trademarks, service marks, patents, design registrations, and other proprietary rights and laws, and you agree to comply with and maintain all copyright notices and other restrictions on content accessed on or via the Platform.
10.3
If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform.You must not do anything which breaches or otherwise interferes with our intellectual property rights or the intellectual property rights of any of our third-party licensors. You may not distribute, reproduce, publish, alter, modify, or create derivative works from the Platform content without our prior written permission or that of the relevant third-party licensor or exploit such contents for commercial benefit.
10.4
You acknowledge and agree that damages may not be an adequate remedy for a breach of this clause 10 and that equitable or injunctive relief may be necessary.
11 Third party sites
11.1
The Platform may contain links to websites that are owned and operated by third parties. We have no control over these external websites, which are governed by terms and conditions and privacy policies independent of us.
11.2
You acknowledge and agree that when you access a third-party website available via a link contained on the Platform:
(a)
you do so at your own risk and understand that you should review the privacy policy and terms and conditions of that website;
(b)
we are not liable for the content, accuracy, lawfulness, appropriateness, or any other aspect of that third-party website; and
(c)
you acknowledge and agree that to the full extent permitted by applicable law, we will not be liable for any loss or damage suffered by you or any other person as a result of or in connection with your access or use of any third-party website available via a link on the Platform.
12 Disclaimer and limitation of liability
12.1
To the maximum extent permitted by law, we exclude all Warranties whatsoever unless expressly stated, including but not limited to in relation to any other User of the Platform.
12.2
We do not accept any liability for any aspect of the interaction between the Seekers and the Recruiters, including, but not limited to, any Engagement or any services provided by Recruiters or non-payment by Seekers. You acknowledge that when you use the Platform, enter into Engagements, or deal with other Users, you do so entirely at your own risk and relying on your own enquiries and judgement.
12.3
We do not vet, endorse or recommend any particular User, and any rating information displayed on the Platform consists of statements of opinion and not statements of fact or recommendations.
12.4
Any advice provided on the Platform is of a general nature only.
12.5
To the extent that any law restricts our right to exclude Warranties under these Terms of Use, these Terms of Use must be read subject to those provisions and nothing in these Terms of Use is intended to alter or restrict the operation of such provisions. If those statutory provisions apply, notwithstanding any other provision of these Terms of Use, to the extent that we are entitled to do so, we limit our liability pursuant to such provisions:
(a)
in the case of goods:
(i)
the replacement of the goods or the supply of equivalent goods;
(ii)
the payment of the cost of replacing the goods or of acquiring equivalent goods; and
(a)
in the case of services:
(i)
the supply of the services again; or
(ii)
the payment of the cost of having the services supplied again.
12.6
Our liability arising in connection with these Terms of Use or the Platform is limited as follows:
(a)
we exclude all liability for consequential, special, indirect, or remote loss, including loss of opportunity or business;
(b)
our total maximum total liability arising in connection with these Terms of Use is capped to the total amount of any Subscription Fee paid by the relevant User (and if no Subscription Fee was paid, to $100);
(c)
our liability is excluded to the extent that you contributed to the liability;
(d)
we exclude all liability for anything you have been aware of for longer than six months and you have not commenced a claim; and
(e)
our liability is subject to your duty to mitigate your loss.
12.7
We provide the Platform on an “as is” and on an “as available” basis without any Warranties as to continuous, uninterrupted or secure access to the Platform, that its servers are free of computer viruses, bugs or other harmful components, that defects will be corrected, or that you will not have a disruption or other difficulties in using the Platform.
12.8
If we terminate the Platform or your access to the Platform pursuant to these Terms of Use, you release us from all liability, loss or claims suffered by you as a result of or arising out of such termination.
12.9
All subclauses of this clause 12 are cumulative to one another.
13 Release and Indemnity
13.1
To the maximum extent permitted by law, you agree to release the Released Parties from all loss or claims arising out of or in any way connected with any Relevant Matter. You further waive all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
13.2
To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless the Released Parties from any Loss or Claims arising out of or in any way connected with any Relevant Matter.
13.3
In this clause:
(a)
Claim means a claim, action, proceeding, or demand made against a person concerned, however, it arises and whether it is present or future, fixed or unascertained, actual, or contingent.
(b)
Loss means a damage, loss, cost, expense, or liability incurred by the person concerned however arising, including without limitation penalties, fines, and interest, and including those which are prospective or contingent and those the amount of which for the time being is not ascertained or ascertainable.
(c)
Released Parties means us and our officers, directors, shareholders, agents, employees, consultants, associates, affiliates, subsidiaries, related parties, related body corporates, sponsors, and other third-party partners.
(d)
Relevant Matter means anything in connection with:
(i)
any Engagement;
(ii)
any damage to person, property, personal injury, or death;
(iii)
your breach of these Terms of Use;
(iv)
any matter for which we have purported to disclaim liability for under these Terms of Use;
(v)
your use, misuse, or abuse of the Platform; and
(vi)
your breach or failure to observe any applicable law.
14 Termination
14.1
You acknowledge and agree that:
(a)
we may terminate your access to the Platform at any time without giving any explanation;
(b)
we may terminate these Terms of Use immediately by notice to you in writing if you are deemed to breach these Terms of Use or associated policies in any way, in our sole discretion; and
(c)
termination of these Terms of Use or your access to the Platform does not release you from any of your obligations and liabilities that may have arisen or been incurred prior to the date of such termination.
15 Effects of Termination
15.1
Upon the termination of these Terms of Use, all of the provisions of these Terms of Use shall cease to have effect, save that the following provisions of these Terms of Use shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): Clauses 5, 10, 12 and 13.
15.2
Except to the extent that these Terms of Use expressly provide otherwise, the termination of these Terms of Use shall not affect the accrued rights of either party.
16 General
16.1
You must not assign, sublicense, or otherwise deal in any other way with any of your rights under these Terms of Use.
16.2
If a provision of these Terms of Use is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
16.3
These Terms of Use are governed by the laws of New South Wales and each party submits to the exclusive jurisdiction of the courts of New South Wales and all courts of appeal from there.
16.4
Any waiver of any term of these Terms of Use by us can only be done in express writing. Any failure on our part to enforce a term does not constitute a waiver and we reserve the right in relation to all breaches unless expressly stated otherwise.
16.5
The contents of these Terms of Use constitute the entire agreement between the parties and supersede any prior negotiations, representations, understandings, or arrangements made between the parties regarding the subject matter of this agreement, whether orally or in writing.
