Terms of Service

Use of this site

1. The Publisher is the owner and operator of this Site.
2. Each user of this Site (you), agrees to be bound by these Terms. Your use of and access to this Site indicates your acceptance of and agreement with these Terms, as they exist at the time of use.
3. We may amend these Terms at any time by posting changes on this Site. If you use this Site (other than to review the amended Terms) after a notice of change has been provided, you will be deemed to have accepted the new terms.

Candidate Profile Views and Referral Fees

1. Employers may search for candidates on the Site and view limited information about their profiles free of charge. However, to access a candidate's full profile, employers must pay a fee to unlock the profile.
2. All fees paid to unlock candidate profiles are non-refundable, regardless of whether the employer ultimately hires the candidate or not.
3. If an employer hires a candidate within 12 months of unlocking their profile on the Site, the employer agrees to pay a referral fee equal to 1.9% of the candidate's first year salary. This referral fee period applies even if the candidate is hired for a different role than the one they were initially considered for when their profile was unlocked.
4. Employers are required to promptly notify us through the tools provided in the employer admin panel if they hire a candidate whose profile they unlocked on the Site. However, we reserve the right to conduct manual checks and invoice employers for the referral fee if we discover a candidate has been hired within the 12-month referral fee period, even if the employer did not report the hire through the admin panel.
5. Invoices for referral fees must be paid within 30 days of receipt. Late payments may be subject to interest charges and/or legal action to recover the outstanding amount.

Site Usage Restrictions

1. The Site is intended for use by direct employers only, for the purpose of identifying and hiring legitimate candidates for employment. Use of the Site by recruiters, recruitment agencies, staffing firms, or any other third-party intermediaries is strictly prohibited.
2. Employers must be legally authorized to make direct hires and agree to use the Site only for lawful purposes in compliance with all applicable laws and regulations.
3. Attempting to access the Site or create an account as a recruiter or third-party intermediary is a violation of these Terms. We reserve the right to immediately terminate any accounts suspected of being created by recruiters or other unauthorized parties, without notice.
4. Any attempt to circumvent the Site's restrictions on recruiter access, including but not limited to creating fake employer accounts, using false information, or scraping candidate data, will be considered a material breach of these Terms. In such cases, we reserve the right to take legal action to protect our business interests and recover damages, including but not limited to pursuing claims for fraud, breach of contract, and violation of state and federal laws.
5. Employers agree to indemnify and hold us harmless from any claims, damages, or losses arising from their violation of these Site usage restrictions, including any legal fees incurred in enforcing our rights.

User Accounts and Registration

1. To access certain features of the Site, users may be required to register for an account. Users must provide accurate and complete information during registration and promptly update their account information if it changes.
2. Users are responsible for maintaining the confidentiality of their account credentials and are solely responsible for all activities that occur under their account, whether authorised or not.
3. Users agree to notify us immediately of any unauthorised use of their account or any other breach of security.
4. We reserve the right to suspend or terminate any user's account for any reason, including but not limited to, violation of these Terms or any applicable laws.

Content and Functionality of this Site

1. We may alter, suspend or discontinue this Site and/or its functionality and/or the content made available through this Site at any time, with or without notice to you, and, to the full extent permitted by law, we will not be liable to you or to any third party should it exercise such rights.
2. In some circumstances this Site will allow you to access and download certain content onto your device(s). These contents may not be available at all times, or in the future for subsequent download and we will have no liability to you in such circumstances.

Intellectual Property and User-Submitted Content

1. All intellectual property in relation to content on this Site belongs to us. You obtain no interest in any intellectual property vested in this Site. All content on this Site is protected by Australian and international copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the content.
2. The logos of this Site are trademarks, registered or otherwise, of Momentum Markets Pty Ltd or its related bodies corporate. Other trademarks may be displayed on this Site from time to time. These may belong to third parties. Nothing displayed on this Site should be construed as granting any licence or right of use of any logo, trademark or masthead displayed on this Site, without the express written permission from us or of the relevant owner.
3. When you submit content to us in any format, including any text, photographs, graphics, video or audio, you grant us a non-exclusive, royalty-free, perpetual license to publish, transmit or otherwise use that content in our published materials, now and in the future, and to attribute you, using the details you have provided to us, as the author/provider of that content. We reserve the right not to use the content you submit.
4. You warrant that you have all of the necessary rights, including copyright, in the content you contribute, that your content is not defamatory and that it does not infringe any law. You indemnify us against any and all legal fees, damages, and other expenses that may be incurred by us as a result of a breach of the above warranty. You waive any moral rights in your contribution for the purposes of its submission to and use by us in accordance with these Terms.

Employer and Candidate Responsibilities

1. Employers are responsible for the accuracy, legality, and truthfulness of content they submit to the Site. They agree not to post any content that is discriminatory, misleading, offensive, or in violation of any applicable laws and regulations.
2. Candidates are responsible for the accuracy, legality, and truthfulness of their profile information, past experience, education, and any other content they submit to the Site. They agree not to submit any false or misleading information, and to promptly update their profile if any information changes.
3. Both employers and candidates are responsible for complying with all applicable employment laws and regulations, including but not limited to anti-discrimination, privacy, and workplace safety laws.

Privacy

1. Any personal information submitted by users on this Site will be collected, used, and disclosed in accordance with our Privacy Policy, which is incorporated into these Terms by reference. By using this Site, users acknowledge and agree to the terms of our Privacy Policy.

Liability, Indemnity, and Third-Party Content

1. We do not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law in the Competition and Consumer Act 2010 (ACL) or equivalent State or Territory legislation which cannot be excluded, restricted or modified. We otherwise exclude all rights, remedies, guarantees, conditions and warranties in respect of goods or services from your use of this Site whether based in statute, common law or otherwise to the extent permitted by law. To the fullest extent permitted by law, including the ACL, the following provisions apply.
2. We do not warrant the accuracy of the content which you access through this Site. The content is provided to you "as is" and on an "as available" basis and on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk. All content which you access through this Site may be changed at our sole discretion and without notice.
3. We will have no responsibility or liability in relation to any loss or damage that you incur, including damage to your software or hardware, arising from your use of or access to this Site.
4. We do not warrant that functions of this Site or which you access through this Site, such as hyperlinks, will be uninterrupted or error-free, that defects will be corrected, that there will be no technical problems which prevent or unreasonably delay delivery of this Site or any content which ought to be accessible through this Site, or the server that makes it available, are free of viruses or bugs.
5. Where permitted under local law, including the ACL, our liability for any breach of a term or condition implied by law is limited at our discretion, to the supply of any service again or the payment for the cost of having any service supplied again.
6. This Site may include third party content which is subject to that third party's terms and conditions of use. Nothing on this Site should be construed as granting any licence or right for you to use that content.
7. This Site may include links to third party sites which are not related to us and in relation to which we have no control or interest. The appearance of those links on this Site does not indicate any relationship between us and that third party or any endorsement by us of that third party, its site or the products or services which it is advertising.

Dispute Resolution

1. If a dispute arises between users (e.g., employers and candidates) in connection with their use of this Site, such users agree to first attempt to resolve the dispute informally through good faith negotiations.
2. If the dispute cannot be resolved informally, users agree to submit the dispute to binding arbitration, with the arbitration proceedings to be held in the Australian State or Territory where the Site is operated, and in accordance with the applicable arbitration rules.

Termination

1. We reserve the right to terminate your access to this Site or your account, without notice, for any reason, including but not limited to, breach of these Terms or any applicable laws.
2. Upon termination, you must immediately cease using this Site and any content you have downloaded or otherwise obtained from this Site. You must also delete any copies of such content from your devices and destroy any printouts.

General

1. You must not use this site for any purpose or in any way which is unlawful.
2. These Terms shall be governed by and interpreted in accordance with the laws of the Australian State or Territory where the Site is operated, and users submit to the exclusive jurisdiction of the courts in that State or Territory for the resolution of any disputes arising out of or in connection with these Terms or their use of this Site.

Severability

1. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be deemed severed from these Terms, and the remaining provisions shall continue in full force and effect.

Waiver

1. No failure or delay by us in exercising any right, power or remedy under these Terms shall operate as a waiver of that right, power or remedy, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise of that right, power or remedy, or the exercise of any other right, power or remedy under these Terms.

Assignment

1. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms without your consent and without notice to you.

Entire Agreement

1. These Terms, together with our Privacy Policy, constitute the entire agreement between you and us with respect to your use of this Site and supersede all prior or contemporaneous understandings, communications or agreements, whether written or oral, regarding that subject matter.

Force Majeure

1. Neither party shall be liable for any failure or delay in performing their obligations under these Terms where such failure or delay results from any cause beyond their reasonable control, including but not limited to natural disasters, pandemics, governmental actions, power failures, telecommunication or internet failures or disruptions, or any other circumstance beyond the reasonable control of the affected party.

Notices

1. Any notices required or permitted under these Terms shall be in writing and shall be delivered by email, certified mail, or courier service to the addresses provided by the parties. Notices shall be deemed to have been received on the date of delivery or, if sent by email, on the date of transmission.

Survival

1. The provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, intellectual property provisions, warranty disclaimers, indemnity, and limitations of liability.

Headings

1. The headings used in these Terms are for convenience only and shall not affect the interpretation of the agreement.

No Agency or Partnership

1. These Terms do not create any agency, partnership, joint venture, or employment relationship between the parties.

Confidentiality

1. Users agree to maintain the confidentiality of any sensitive information shared between the parties in connection with their use of the Site, and to use such information solely for the purposes for which it was provided.

Feedback

1. We welcome user feedback and suggestions. By submitting feedback, users agree that we may use and share such feedback for any purpose without compensation to the user and without any obligation of confidentiality.

Changes to the Terms

1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice before any new terms take effect. What constitutes a material change will be determined at our sole discretion.
2. By continuing to access or use our Site after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Site.

Contact Information

1. If you have any questions or concerns about these Terms, please contact us at [email protected] or through the contact information provided on our Site.

Last Updated: March 11, 2024