Connections 4 You trading as Connections Australia – Accountholder Agreement

The Terms set out below are the terms and conditions upon which We agree to provide Our Services to You. By registering with us as a prospective employer, You accept that the terms and conditions set out in this Agreement will govern Your Account with Us and the provision by Us of Our Services to You, and You agree to abide by the terms of this Agreement in all respects.

Interpretation

  1. The following words, when used in this Agreement, have the meanings set out below:
    1. Agreement means Our agreement with You, the terms and conditions of which are set out in this document;
    2. App means any one or more of Our “iOS” or “Android” Applications, and/or any other application or electronic platform or programme through which we provide Our Services;
    3. User means a person looking for a job or position through Our App;
    4. Our Services means the services described in Clauses 4 – 11 below;
    5. We means “Connections 4 You”, ABN 25 628 527 953 and Us and Our have corresponding meanings;
    6. You means the person, persons or company or other body corporate, firm, association, unincorporated association, government authority or instrumentality, or other body, organisation or entity, that has registered with Us through the App as a prospective employer,or prospective employee and Your has a corresponding meaning;
    7. Your Account means the account with Us that we will open in Your name upon You registering with Us as a prospective employer;
    8. Your Job means the job you want done or the position you want filled or the position you are applying for ,
    9. Your Job Information means the information that we ask You for through the App in relation to Your Job;
    10. Your Profile means the profile that we will create for You when We open Your Account and which will be accessible by Users through the App whilst Your Account remains open.
  2. In interpreting this Agreement, the following provisions apply:
    1. words or expressions which incorporate any gender include any other gender;
    2. words or expressions importing the singular, where used, include the plural and vice versa;
    3. headings and sub-headings are inserted for convenience only and do not form any part of this Agreement;
    4. a reference to legislation or to a provision of legislation includes a modification or re-enactment of it, a legislative provision substituted for it and a regulation or statutory instrument issued under it;
    5. all obligations and entitlements accepted and given in this Agreement are joint and several;
    6. where a word or expression is defined or given meaning, another grammatical form has the corresponding meaning;
    7. a reference to an agreement or document (including a reference to this Agreement) is to the agreement or document, as amended, supplemented, novated or replaced, except to the extent prohibited by this Agreement, or that other agreement or document, and includes the recitals, schedules and annexures to that agreement or document;
    8. a reference to writing includes any method of representing or reproducing words, figures, drawings or symbols in visible and tangible form;
    9. references to “include” and “includes” are to be construed without limitation;
    10. a reference to a party to this Agreement or any other agreement or document includes the party’s successors, permitted substitutes, and permitted assigns (and, where applicable, the party’s legal personal representatives); and
    11. nothing in this Agreement is to be interpreted against a party solely because the party put forward this Agreement or a relevant part of this Agreement.

Registration

  1. In order to use Our Services you must first register with Us through the App as a prospective employer or employee as follows:

    Step 1

    1. You provide Us with the details and information that we will request about You through the App and we will open Your Account with Us, which will allow You to access Our Services for as long as Your Account remains open.

    Step 2

    1. We will establish Your Profile, based on the information which You provide to Us on registration.
    2. Your Profile will be displayed through the App and will be accessible by Users
    3. You can add information and upload material to Your Profile at any time that Your Account remains open, subject to the terms of this Agreement, technical constraints and such other limitations as we may in the reasonable exercise of Our discretion determine to be appropriate.
    4. If Your Account is closed for any reason, We may remove Your Profile from the App.

Our Services

  1. Once You have registered with Us and Your Account is opened, You can post Your Jobs to the App by giving Us Your Job Information for Your Job through the App. We will then try to match You with a User who We think might be suitable for Your Job and to put you in contact with that person in accordance with the procedure set out below:

    Step 1

    1. You provide Us with Your Job Information through the App. In doing so, You authorise Us to make Your Job Information available through the App to Users who We think might be suitable for Your Job.

    Step 2

    1. We provide You with information, through the App, in relation to Job Seekers that We think may be suitable and available to do Your Job, based upon Your Job Information and information provided to Us by Users
    2. The information that we will provide to You will include details about Users their qualifications, experience, and work history, and where available, will include a CV and details of referees.
    3. However, this information will consist of information provided to Us by the Users themselves. We do not audit or verify this information and we do not warrant or make any representation in relation to its accuracy.
    4. It is up to You as a prospective employer or prospective employee to make Your own enquiries and take whatever steps You consider necessary in order to verify the accuracy of the information we provide to You.

    Step 3

    1. You review the information that We provide to you in relation to other Users, and, if You like what You see, You tell Us, through the App, whether You would like to speak with a particular User and, if so, which one.

    Step 4

    1. We will let Your chosen User know that You would like to speak with them about Your Job.

    Step 5

    1. We will confirm whether or not Your chosen User is happy to speak with You about Your Job. We’ll put You in contact with them through the App.

    2. Whilst Your Account remains open You can post as many of Your Jobs as You like to the App, as and when You like.

    3. We are not an employment agency or a labour hire organisation. We do not hire or employ Job Seekers and We do not make our own employees available to You.

    4. Through the App We will provide You with a platform to identify and communicate with Users that we think might be suitable for Your Job. We do not undertake to do Your Job for You or to procure anyone to do Your Job for You, and We do not warrant or guarantee the performance of Your Job by any person. We will make all reasonable efforts in accordance with accepted standards in providing Our Services to You. However, we do not warrant that Our Services will achieve any specific outcome and You release Us from any claim liability ,suit regarding the Performance of any User that you engage to undertake Your Job.

    5. Users of this site are not Our employees or agents and we accept no responsibility for their conduct or performance or the performance of Your Job.

    6. The decision to hire or employ or be hired or employed , and if so on what terms and in what capacity, is Yours and Yours alone. You are responsible for all matters relating to the hiring or employment of any User including compliance with all relevant laws relating to hiring or employing or being hired or employed .

    7. You are free to communicate with Your chosen User through the App, including in relation to the terms of any agreement between You and the User , but We will not arrange or negotiate any contract between You and any User , either on Your behalf or theirs. Nor will We provide You or the User with any advice in relation to any such contract, other than general advice to consult a relevant specialist or expert if a concern is raised with Us and We consider, in Our absolute discretion, that it is appropriate for Us to do so.

    8. All information that we provide to You about any User is information that has been provided to Us by the User concerned. We do not audit or verify that information and we give no warranty (either express or implied) and make no representation (either express or implied) in relation to its accuracy. It is up to You as a prospective employer to make Your own enquiries and take whatever steps You consider necessary in order to verify the accuracy of that information.

Your Obligations

  1. You must at all times:

    1. if You are a natural person, be at least 18 years of age;

    2. provide Us with all information that We reasonably request, including Your contact Information;

    3. ensure that all information that You provide to Us is true, accurate and complete in all respects;

    4. ensure that all information which You add to Your Profile is true, accurate and complete in all respects;

    5. maintain the security of Your Account and Your Profile, including Your username and password;

    6. immediately notify Us of any unauthorised access to or use of Your Account or Your Profile or any other breach of security;

    7. comply with all applicable laws, including with respect to copy write and other forms of intellectual property, when accessing Your Account or Your Profile, including when adding information or material to Your Profile, or using Our Services,

    8. only use Our Services for lawful purposes;

    9. keep all information that We provide to You in relation to Job Seekers, strictly confidential, and only use that information for a purpose authorised by and consistent with this Agreement; and
    10. provide proof of Your identity (or the identity of any person authorised by You to access Your Account or Your Profile or use Our Services on Your behalf in accordance with Clause 20 below) when asked to do so, and you agree that you (or any such authorised person) may be denied access to Your Account, Your Profile, or Our Services if You (or they) refuse to provide such proof of identity.
    11. keep all information that We provide to You in relation to Job Seekers, strictly confidential, and only use that information for a purpose authorised by and consistent with this Agreement; and
    12. provide proof of Your identity (or the identity of any person authorised by You to access Your Account or Your Profile or use Our Services on Your behalf in accordance with Clause 20 below) when asked to do so, and you agree that you (or any such authorised person) may be denied access to Your Account, Your Profile, or Our Services if You (or they) refuse to provide such proof of identity.
  2. You must not, under any circumstances:

    1. permit any person not authorised by You in accordance with Clause 20 below, to have access to Your Account or Your Profile (including by providing them with Your username and/or password);
    2. use Our Services for any activity, or post or transmit via the App, any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes;
    3. use Our Services to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, or offends any person, which is indecent or which inhibits any person from using or restricts their use of the App or the internet (and You agree that We may remove any material from the App if We, in Our absolute discretion, deem it to be in breach this obligation);
    4. use Our Services to send unsolicited commercial electronic messages;
    5. tamper with, hinder or modify the App;
    6. knowingly transmit any viruses or other disabling features to the App, or via the App; or
    7. attempt any of the above acts or facilitate or assist another person to do any of the above acts.

Authorisation of others to access Your Account etc.

  1. You may authorise another person (being a natural person who is over 18 years of age) in writing to access Your Account or Your Profile or to use Our Services on Your behalf, provided that You:

    1. provide Us with notice of such authorisation through the App;
    2. ensure that such authorisation is subject to compliance by the person so authorised with all of Your obligations under Clauses 18 and 19 of this Agreement;
    3. accept responsibility for and indemnify Us in relation to any loss, damage, costs or expenses whether direct, indirect, incidental, special and/or consequential, including loss of profits that we may suffer as a result any breach by any person so authorised of any of Your obligations under Clauses 18 and 19 this Agreement; and
    4. accept responsibility for and indemnify Us in relation to any liability that We may incur to third parties, for any loss, damage, costs or expenses whether direct, indirect, incidental, special and/or consequential, including loss of profits, which result from any breach by any person so authorised, of any of Your obligations under Clauses 18 and 19 this Agreement.

Your dealings with Job Seekers

  1. In all of Your dealings with Users you must comply with all applicable Commonwealth, State and Territory laws, including laws with respect to:

    1. occupational health and safety;
    2. workers compensation and other compulsory insurances;
    3. all relevant workplace awards and all legislation and other laws relating to the terms and conditions upon which such persons may be employed; and
    4. all applicable laws with respect to taxation and superannuation.

Terminating this Agreement and closing Your Account

  1. You may terminate this Agreement and close Your Account at any time through the App.

  2. We may terminate this Agreement and close Your Account:

    1. if, in Our reasonable opinion, You have (or any person on your behalf has) committed any material breach of this Agreement; or
    2. at our convenience, upon providing You with 30 days written notice of Our intention to do so.
  3. Upon termination of this Agreement and closure of Your Account:

    1. subject to sub-paragraph (b) below, all accrued rights of either party remain vested in that party and are not affected by the termination of this Agreement or closure of Your Account;
    2. We may immediately cease to provide You with access to the App and We may immediately remove Your Profile from the App;
    3. subject to sub-paragraphs (a) and (b) above, We otherwise cease to be under any obligation to provide You with access to Your Account or Your Profile or to provide Our Services to You;
    4. Clauses 20(c) and (d) and Clauses 25 – 34 of this Agreement survive termination of this Agreement and are not affected by the closure of Your Account.

Our intellectual and other property

  1. All rights in relation to all property of any nature, including intellectual property, used by Us to provide Our Services are and shall remain Ours and/or those of Our licensors. Neither this Agreement nor Your use of Our Services conveys or grants to You any rights in or related to such property, except for a limited license to use such property as may be necessary for You to have access to the App and use Our Services consistently with this Agreement whilst Your Account remains open.

Indemnity and limitation of liability

  1. To the fullest extent permitted by law, you must indemnify Us in relation to any loss, damage, costs or expenses whether direct, indirect, incidental, special and/or consequential, including loss of profits that We may suffer as a result of any of the following:

    1. Your access to and/or operation of Your Account (or access or operation of Your Account by any person on Your behalf);
    2. Your access to and/or the addition by You (or any other person on Your behalf) of any information or material to Your Profile;
    3. Your use of Our Services;
    4. any breach of security with respect to or any access by any person (whether or not authorised by You in accordance with Clause 20 above) to Your Account or Your Profile; and/or
    5. any breach by You (or any other person on Your behalf) of any term of this Agreement.
  2. To the fullest extent permitted by law, you must indemnify Us in relation to any liability that We may incur to third parties, for any loss, damage, costs or expenses whether direct, indirect, incidental, special and/or consequential, including loss of profits, as a result of any of the following:

    1. Your access to and/or operation of Your Account (or access or operation of Your Account by any person on Your behalf);
      1. Your access to and/or the addition by You (or any other person on Your behalf) of any information or material to Your Profile;
      2. Your use of Our Services;
      3. any breach of security with respect to or any access by any person (whether or not authorised by You in accordance with Clause 20 above) to Your Account or Your Profile; and/or
      4. any breach by You (or any other person on Your behalf) of any term of this Agreement.
      5. . the provision by Us of Our Services to You (or any other person on Your behalf);
      6. any failure by Us to provide Our Services to You (or any other person on Your behalf); and/or
      7. any act, error, or omission by Us in the provision of Our Services to You (or any other person on Your behalf), including any failure by Us to exercise reasonable care in the provision of Our Services.
      8. Notwithstanding Clause 28 above, You may have rights under the Australian Consumer Law (and/or similar Commonwealth, State or Territory laws) arising from any failure by Us to comply with any one or more of the “guarantees” referred to in Pt 3.2, Div. 1 of the Australian Consumer Law (and/or any similar provisions of any similar Commonwealth, State or Territory laws) in connection with the provision by Us of Our Services to You. In such circumstances Our liability to You for any such failure by Us to comply with such a guarantee is limited to supplying Our Services to You again;

Privacy and confidentiality

  1. Subject to the authorisation referred to in Clause 4 (Step 1) above and Clause 31 below, We will take all reasonable care to keep confidential any information of a clearly confidential nature that You provide to Us when creating, updating and accessing Your Account. However any information that You provide to Us in connection with creating Your Profile and any information or material which you add to Your Profile will be deemed to be public and not confidential.
  2. Notwithstanding Clause 30 above, We may disclose any such confidential information to any relevant person as follows:

    1. with Your permission;
    2. where and when compelled to do so by law;
    3. to lawyers, accountants and other business advisers retained by Us;
    4. where such information is already in the public domain when You provide it to Us or subsequently enters the public domain as a result of the conduct of someone other than Us (whether authorised by You or not and whether by act or omission); or
    5. in order to enforce the terms of this Agreement.
  3. All information that we provide to You will be deemed to be confidential and must be treated as such. You must keep all such information strictly confidential. You are authorised to use such information only for purposes contemplated by this Agreement.
  4. We are bound in compliance with Australian Privacy laws as set out in Our Privacy Policy which You may access though the App. You must not do anything that would cause us to breach such laws or that policy.

Dispute Resolution

  1. This Agreement is governed by the laws of New South Wales. Each party submits to the jurisdiction of the Courts exercising jurisdiction there, and waives any right to claim that those Courts are an inconvenient forum.

No agency, employment, partnership etc.

  1. Our relationship is only with You. This Agreement does not create any relationship between the parties of agency, employment, or partnership, or any relationship of a fiduciary nature, or any other similar relationship.

Entire agreement

  1. Subject to Clause 37 below, this Agreement contains the entire agreement between the parties with respect to its subject matter. It sets out the only conduct relied on by the parties and supersedes all earlier conduct and prior agreements and understandings between the parties about its subject matter.

Variation etc.

  1. We reserve the right to amend, revise or modify the terms and conditions set out in this Agreement at any time without notice to you, and your continued use of Your Account and Our Services confirms your acceptance of any such alterations to this Agreement.

No warranties or representations

  1. In entering into this Agreement, no party to this Agreement has relied on any warranty or representation by any other party.

No waiver

  1. A failure to exercise or delay in exercising any right, power or remedy under this Agreement does not operate as a waiver. A single or partial exercise or waiver of the exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting the waiver unless made in writing.

Assignment

  1. You may not assign, transfer or sub-licence any of Your rights or obligations under this Agreement, except with Our prior written consent.
  2. We reserve the right to assign Our rights and obligations to third parties, either in part or in total, and the You agree to be bound to any such assignee as if You had contracted with them directly under this Agreement rather than Us.

Severability

  1. If any provision of this Agreement is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the document, which will continue in full force and effect.

Contacting Us

  1. You can contact us at [email protected] if you have any questions regarding this Agreement, the App, Our Services or feedback.