Terms and Conditions
Last Updated: 28 December 2021
AGREEMENT TO TERMS
1. These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”, “user”, “Job Seeker”, “Job Referrer”, “Referrer”) and PM&K PTY LIMITED (“JobReferred®”, “we”, “site”, “Marketplace”, “platform”, “marketplace”, “our” or “us”), concerning your access to and use of the marketplace as well as any other media form, media channel, mobile Marketplace or mobile application related, linked, or otherwise connected thereto (collectively, the “marketplace”). The Marketplace provides an online platform for the following goods, products, and or services: Paid Job Referral Services to Job Seekers from Referrers. In order to help make the marketplace a secure environment, all users are required to accept and comply with these Terms and Conditions. You agree that by accessing the Marketplace and or the Marketplace, you have read, understood, and agree to be bound by all of these Terms and Conditions. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE MARKETPLACE AND/OR THE MARKETPLACE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
2. Supplemental terms and conditions or documents that may be posted on the Marketplace from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Marketplace so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Marketplace after the date such revised Terms and Conditions are posted.
3. The information provided on the Marketplace is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Marketplace from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
INTRODUCTION
4. The Marketplace brings together two types of Marketplace users (1) who are Job Seekers (user who enable Job Seeker Role on the marketplace) and (2) Referrers (or Job Referrer, users who enable Job Referrer role on the marketplace) for job referrals.
In this marketplace, the Referrers send a “Referral Offer” to the Job Seekers. A Referral Offer contains details of the job opening (such as job title, company location, company name, work authorization required, third party job description URL, etc.) for which the Referrer is referring the Job Seeker. This Referral Offer also contains the amount of Referral Incentive (in Australian dollars) that the Job Seeker will give to the Referrer if the referral is successful (i.e., the Job Seeker gets the job for which Job Referrer referred the Job Seeker). This Referral Incentive is discussed, negotiate between the Job Seeker and the Referrer.
If a Referral is successful, then before the Referral Incentive (that the Job Seeker deposits in advance with the Marketplace) is paid to the Referrer, the “Marketplace Fee” (15% of the Referral Incentive) is deducted from this amount. In other words, the Referrer pays the Marketplace Fee, which is 15% of the Referral Incentive that he/she receives from a Job Seeker.
MARKETPLACE CONCEPT RELATED DEFINITIONS AND INTERPRETATION
5. In this document, unless the context requires otherwise, here are some important terms and their definitions that are part of these Terms and Conditions:
(a) Marketplace fee means the amount that we receive from a Job Referrer when a referral is successful, which means when a Job Seeker attains employment with the help of a Job Referrer’s referral via the marketplace. This Marketplace Fee includes any other fee that the Marketplace pays to other parties such as Stripe for processing the payouts to Job Seekers and GST.
(b) Business Day means a day on which the banks are ordinarily open in NSW excluding Saturday, Sunday, and public holidays.
(c) Job Opening means a job vacancy in a company that is known to Job Seeker or Referrer whether or not listed anywhere on the internet.
(d) Job Referrer (or Referrer) means a user on this marketplace who enables a Job Referrer Role, that enables him/her to act as a Referrer on this marketplace. As a Job Referrer, the user can post the name of company or companies where he/she can refer a potential Job Seeker after evaluation to the best of his/her abilities in lieu of an agreed Referral Incentive.
i. Job Referrers are Individuals and are not companies or organizations or trusts of any kind and are not registered for GST for tax purpose. All the financial treatments on the Marketplace for the Referrers assumes this. If you are representing a Company or are Registered by GST, then you cannot participate in the Marketplace as there is currently no provision for you to charge GST to the Job Seekers (as part of the Referral Incentive).
(e) Job Seeker means a user on this marketplace who enables a Job Seeker Role, that enables him/her to act as a Job Seeker on this marketplace. As a Job Seeker, the user can publish his/her professional details, Job Preferences etc., in order to attract and engage with a potential Job Referrer for getting a referral for a relevant job opening and in exchange give a Referral Incentive when the referral is successful.
(f) Referral is the process in which a Referrer sends a Job Seeker profile (e.g., resume) to the hiring managers of an employer or company, or organization that hires people based on their ability and suitability for a job opening.
(g) Successful Referral means when a Job Seeker gets a job for which a Referrer referred the Job Seeker.
(h) Marketplace URL is JobReferred.com.au or any sub-domains.
(i) Referral Offer Request is created with a Job Seeker or Referrer contacts another user for the first time and requests to initiate a Referral Offer.
(j) Referrer Offer is an offer where a Referrer submits the details of a Job Opening to a Job Seeker including a Referral Incentive after these details have been discussed and negotiated between the Referrer and the Job Seeker.
(k) Active Referral Offer is any Referral Offer that is not yet in a Closed or Completed State. A Closed state is when a Referral Offer has been canceled by any of the users due to any reason and is auto-canceled as part of website functionality (e.g., expiry of Referral Offer).
(l) Inactive Referral Offers is any Referral Offer that is in a Closed or Completed State.
(m) Marketplace Account is the user’s account on the Marketplace Website which can be accessed after a successful registration. Some features only enable after the user enable a particular role (i.e. a Job Seeker Role or a Job Referrer Role) and provide details required to publish the profile and be able to contact another user for Referral Offers.
(n) Marketplace’s Client Money account is the Client money bank account of Marketplace where the Referral Incentive funds paid by Job Seekers in Advance are stored.
(o) Total Available Funds is an Advance Deposit that a Job Seeker deposits in the Marketplace’s Client Money account from his/her Marketplace account. This amount is kept by the Marketplace’s Client Money Bank Account. This amount is required to be with the Marketplace for the Job Seeker to be able to accept a Referral Offer. The Job Seeker must deposit an amount equal to the Referral Incentive Amount of the Referral Offer that the Job Seeker wishes to Accept. Note that Job Seeker can accept multiple Referral Offers by only depositing these funds once (as long as the Referral Incentive of Referral Offers is less than or equal to the Advance Deposit).
When Job Seeker deposits this advance, a non-refundable transaction fee is added on top of the amount being added. This non-refundable transaction fee is between 1.8% to 2.1% of the amount being added. Following are some concepts:
i. Total Available Funds = Unblocked Amount + Blocked Amount.
ii. Unblocked Amount is the amount that the Job Seeker is deposited but is not locked against any Referral Offer and hence can be refunded by Job Seeker at any time.
For example, a Job Seeker has deposited $2000, to accept 2 Referral Offers. First Referral Offers with Incentive of $1500 and Second Referral Offer with Incentive of $2000. At this stage, Job Seeker will have $0 Unblocked Amount and $2000 Blocked Amount.
And For example, Later, if Job Seeker cancels the Second Referral Offer, then Job Seeker will have $500 Unblocked Amount and $1500 Blocked Amount.
iii. As long as Job Seeker doesn’t release the Blocked Amount to a Referrer, the amount is refundable (except the Transaction charges that were paid on top of this amount).
(p) Minimum Referral Incentive is for a Job Referrer is a minimum incentive that s/he would “like” to get from a Job Seeker for a successful referral (where Job Seeker gets the job). This is not the amount that Referrer will surely get for a successful referral, but just an indication of the Referrer’s “expectations” of Referral Incentive. This helps the Seekers filter Referrers as per their Referral Incentive budget.
(q) Maximum Referral Incentive is a maximum incentive that s/he would “like” to offer to a Referrer for a successful referral (where Job Seeker gets the job). This is not the amount that Job Seekers need to pay for a successful referral, but just an indication of Job Seeker’s “budget”. This helps the Referrers filter Job Seekers as per their expectations of the Referral incentive.
(r) Marketplace Account is the user’s account on the Marketplace Website which can be accessed after successful registration. Some features only enable after the user enable a particular role (i.e. a Job Seeker Role or a Job Referrer Role) and provide details required to publish the profile and be able to contact another user for Referral Offers. This is not a Bank Account.
(s) Reference to any currency is to Australian currency.
(t) If something is required to be done on a day that is not a Business Day, it must instead be done on the next Business Day.
(u) Headings are for the purpose of convenience only and do not otherwise affect the interpretation of this document.
(v) The singular includes the plural and vice versa.
(w) A reference to one gender includes all other genders.
PROVISION OF INFORMATION BY USER (WHO HAS ENABLED JOB SEEKER ROLE)
6. When a user enables the Job Seeker role, he or she needs to provide details for his/her profile.
a. Profile details that are MANDATORY and PUBLIC. Without these details, the Job Seeker’s profile is not visible to any other user at all.
i. Profile Headline & Summary
ii. Work Authorization in Australia
iii. At least one job experience (current or past company)
iv. Job Preference (Notice Period, Preferred Industry, Preferred Work Type)
v. Maximum Referral Incentive
b. Profile details that are MANDATORY but NOT PUBLIC. Without these details, Job Seeker cannot proactively contact Referrers (other users).
i. Verified email ID (this is also the username)
ii. Verified Phone number
c. Profile details that are OPTIONAL and PUBLIC:
i. LinkedIn Profile URL
ii. Additional details of Job Seeker’s professional profile such as details of Education, Certifications, and Skills.
d. Profile details that are OPTIONAL but NOT PUBLIC:
i. Resume. Job Seekers can choose to share his/her resume if he/she wishes to, with other users (Job Referrers) while discussing the Referral Offer.
7. For information provided by you on the marketplace, that is not public, we do not provide it to any other party. We will attempt to ensure that such information that is not public, remains private to you only. However, you acknowledge that we may be unable to protect your information, whether due to a cyber-attack or for any other reason and release us from all liability arising from third parties gaining access to any information or document that you upload to the Platform.
8. We may (at our absolute discretion):
a. refuse or your registration as a Job Seeker or refuse to publish any document or information that you provide. Without limitation, we may do this because we think that your registration or any information or document is fraudulent, misleading, or inappropriate for display on the Marketplace.
b. cancel your registration as a Job Seeker and remove your listing and any information or document that you have provided. Without limitation, we may do this because we think that your registration or any information or document is fraudulent, misleading, or inappropriate for display on the Platform.
c. cut-off contact between you and a Job Referrer and refund any Refundable Amount we hold.
You will have no claim whatsoever because we exercise a right under this clause.
USER (WHO HAS ENABLED JOB SEEKER ROLE) CONTACT WITH ANOTHER USER (WHO HAS ENABLED REFERRER ROLE)
9. Once you register on the Marketplace and enable Job Seeker Role, Job Referrers may contact you. You acknowledge and agree that your registration as a Job Seeker constitutes consent for Job Referrers to contact you. No further consent will be required, and upon you completing your registration, we may make your profile and details available to Job Referrers.
10. The Marketplace provides an option to exchange the messages between Job Seeker and Referrer during discussion of a Referral offer. These messages can be in form of free text that can only be used to discuss the following topics:
a. Job Seekers evaluation for the job opening where Referrer will refer the Job Seeker.
b. Job Seeker discussion with Referrer to understand more about the Job description.
c. Share Resume
d. Negotiation of Referral Incentive that Job Seeker will be required to pay Referrer for a successful referral.
11. When exchanging messages on the marketplace or otherwise, none of the users can share or discuss any confidential or sensitive company information that can be considered an undue advantage to Job Seeker to clear the interview process or violates the laws of the company in which Referrer is referring the Job Seeker.
12. In all interactions with Referrers, you warrant that you will:
a. Behave respectfully and in a professional manner; and
b. Not provide any information or make any claims that are false or misleading; and
c. Not engage in any behavior that could reasonably be considered offensive, including but not limited to behavior that is racist, sexist, or homophobic.
If we believe you to have breached this clause (whether or not our belief is reasonable), we may remove you from the Platform after refunding you any Refundable Amount, without notice and will not incur any liability.
13. When you share the information with another user or users on the marketplace (or simply add any personal or professional details on this marketplace that are public), you warrant that the information and documents are accurate and are not misleading. You also release us from all liability resulting from the provision of such information to users and third parties. You expressly acknowledge that Job Referrers are third parties unconnected to us, and we are in no way responsible for what they do with any information or documents that you provide.
14. Job Seeker will discuss the details of the Referral Offer with the Referrer. Job Seeker is fully responsible for his or her actions based on his or her discussion with the Referrer. Some actions that a Job Seeker is expected to take based on the discussion with Referrer (but not limited to) and by clicking the appropriate button on the Marketplace:
a. Share Resume
b. Agree to a Referral Incentive amount for successful referral
c. Deposit Referral Incentive in Advance with the Marketplace. This will result in payment of non-refundable transaction charges to the Marketplace which is 1.8% to 2.1% of the amount that Job Seeker wishes to add to his Marketplace account.
d. Accept the Referral Offer, resulting in the Referral Offer to be in the Bonded state. It is after this stage, that the Referrer referrers the Job Seeker’s profile to the Hiring Managers.
e. Pay or Release the Referral Incentive (from the Blocked Amount) to the Referrer.
The Marketplace is not responsible for any of your actions performed on the Marketplace.
PAYMENT TERMS FOR USER (WHO HAS ENABLED JOB SEEKER PROFILE)
15. The Advance Deposit you deposit is shown in your Total Available Funds section of Payment Dashboard on your Marketplace Account. The amount transferred will be held in Marketplace’s Client Money Bank Account. You must deposit an amount equal to the Referral Incentive of the Referral Offer you wish to Accept. You will make this deposit using the “Stripe” payment gateway. You are responsible for ensuring that you are registered with Stripe and assume all risks arising from the transfer of funds using this payment gateway.
a. You irrevocably authorize us to:
i. Hold the Advance deposit in Marketplace’s Client Money Bank Account until you decide to get a Refund (by canceling any Active Referral Offer) or Pay this amount to the Referrer by clicking the appropriate button on your Marketplace account.
ii. Add non-refundable to any Advance deposit you are adding to your Marketplace Account.
iii. To the extent permitted by applicable law, the user therefore agrees not to ask its credit card company, bank, or other Payment Method provider to chargeback the transaction fee pursuant to the Terms of Service for any reason. A chargeback in breach of the foregoing obligation is a material breach of the Terms and Conditions. If the user initiates a chargeback in violation of these Terms and Conditions, the user agrees that we, may dispute or appeal the chargeback and institute collection action against the user and take such other action it deems appropriate.
16. You are expected to pay the Referral Incentive to Referrer within 30 days of joining the job. 30 days period is kept to ensure that the Job Seeker can be certain of the job he or she has received based on the Successful Referral.
17. Once the Job Seeker processes the payment, it can take up to 15 business days for the funds to be deposited in the Job Referrer’s nominated bank account.
18. At any point BEFORE the Job Seeker has released (or paid) the Referral Incentive to the Referrer, the Job Seeker can cancel the Referral Offer. This will notify the Referrer that Job Seeker is no longer interested in the referral. This can happy any time during the process, such as even after Referrer has forwarded the Job Seeker’s profile (or resume) to the hiring managers. This means that a Job Seeker is in full control of his or her advance deposit funds (or Referral Incentive). To get a refund of Total Available Funds (that Job Seeker has added to his Marketplace Account and has not yet paid or released to the Referrer), Job Seeker will need to cancel all Active Referral Offers, so that there is no Blocked Amount.
19. Once the Referral Incentive is released (paid) by you to the Referrer, then the Marketplace transfers the amount from your Total Available Funds (Blocked Amount) to the Referrer’s nominated amount. At that point, it is not possible for the Platform to refund the Referral Incentive, as you have consumed the services from the Referrer and hence have paid the Referral Incentive which now sits in Referral’s nominated bank account.
20. The Referral Incentive is paid to the Referrer after deducting the marketplace fee that we charge from the Referrer. This marketplace fee is equal to 15% of the Referral Incentive and includes GST and Stripe fee that the Marketplace pays to third parties.
21. You acknowledge that we do not charge any other service fee from you (the Job Seeker) and hence you cannot make any claims for any refund of a marketplace fee paid by you.
22. Any amount (funds) deposited by Job Seeker that are shown under “Unblocked Amount” can be asked to be Refunded at any time by the Job Seeker using the appropriate controls from the Job Seekers Marketplace account.
23. Any amount (funds) deposited by Job Seeker that is shown under “Blocked Amount” can be asked to be Refunded by Job Seeker after you (Job Seeker) cancel the Referral Offer(s) that you previously accepted, and against which the Referral Incentive (funds) are Locked.
24. The Refund will be processed by us in the original payment method within 15 working days.
25. You acknowledge that you cannot release or pay Referral Incentive to the Job Referrer within 7 days of Accepting the Referral Offer (i.e. Referral Offer in Bonded State).
MISCELLANEOUS PROVISIONS FOR USER (WHO HAS ENABLED JOB SEEKER PROFILE)
26. Notwithstanding any other provision, you must not accept the Referral Offer of, or continue to correspond with, any Job Referrer if you are aware or become aware that the Job Referrer is able to influence your success or failure at a job interview in an unethical way such as helping you bypass the interview process or being one of the members of the interview panel.
27. You must not ask the Referrer to provide or disclose any information that is confidential to the company (employer) or that compromises the interview or selection process in any way.
28. You acknowledge that in some instances, employers may have a policy that prohibits a person from receiving a monetary benefit for referring a job candidate. It is your responsibility to know whether any potential employer to whom you are referred maintains such a policy and to not proceed with an application if an employer maintains such a policy. You acknowledge that if you fail to do so, the employer may later terminate your employment. You release us from all liability in relation to any such termination and indemnify us against any claim bought as a result of such a policy.
29. Your interaction with us will not give rise to any relationship other than one in which we act as an agent to connect you with Job Referrers.
30. We offer no guarantee whatsoever that you will receive any relevant Referral Offer from a Job Referrer or that any job offer will be appropriate to you and/or your skills and knowledge.
31. You acknowledge that there are inherent dangers in providing contact information to strangers or posting it online. We are not responsible for any injury or damage that you suffer because of information that you post on the Platform or which is provided to Job Referrers.
32. If you publicize any third-party URL or Marketplace on the Platform, you warrant that you have the legal right to do so. You agree to indemnify us against you breaching this clause which will not merge on completion.
33. You must keep your login credentials and account secure. You agree to indemnify us against any loss we suffer as a result of you failing to do so.
34. We will not incur any liability to you under these Terms except (in limited circumstances as per the Terms).
35. We will not be liable for any indirect or consequential damages.
36. Our failure to exercise a right does not constitute a waiver of that right.
37. Any limitation of liability or indemnity in our favor survives termination of this agreement.
38. We may terminate your access to the Platform at any time and without notice and will incur no liability for doing so.
39. We will not incur any liability because the Platform is unavailable, whether temporarily or on a permanent basis (other than to refund a Fee where we would ordinarily be required to refund the Fee).
40. If any provision of the Terms is illegal, it will be severed but only to the minimum extent required by law.
PROVISION OF INFORMATION BY USER (WHO HAS ENABLED JOB REFERRER ROLE)
41. When a user enables the Job Referrer role, he or she needs to provide details for his/her profile.
a. Profile details that are MANDATORY and PUBLIC. Without these details, the Job Seeker’s profile is not visible to any other user at all.
i. At least one company (or organization) name where the Referrer can refer a Job Seeker for a relevant job opening.
ii. Minimum Referral Incentive
b. Profile details that are MANDATORY but NOT PUBLIC. Without these details, Job Seeker cannot proactively contact Referrers (other users).
i. Verified email ID (this is also the username)
ii. Verified Phone number
c. Profile details that are OPTIONAL and PUBLIC:
i. LinkedIn Profile URL
42. For information provided by you on the marketplace, that is not public, we do not provide it to any other party. We will attempt to ensure that such information that is not public, remains private to you only. However, you acknowledge that we may be unable to protect your information, whether due to a cyber-attack or for any other reason and release us from all liability arising from third parties gaining access to any information or document that you upload to the Platform.
43. We may (at our absolute discretion):
a. refuse or your registration as a Job Referrer (or Referrer) or refuse to publish any document or information that you provide. Without limitation, we may do this because we think that your registration or any information or document is fraudulent, misleading, or inappropriate for display on the Marketplace.
b. cancel your registration as a Referrer and remove your listing and any information or document that you have provided. Without limitation, we may do this because we think that your registration or any information or document is fraudulent, misleading, or inappropriate for display on the Platform.
c. cut-off contact between you and a Job Seeker without processing any payment that is due from a Job Seeker for a successful referral.
You will have no claim whatsoever because we exercise a right under this clause.
USER (WHO HAS ENABLED REFERRER ROLE) CONTACT WITH ANOTHER USER (WHO HAS ENABLED JOB SEEKER ROLE)
44. Once you register on the Marketplace and enable Job Referrer Role, Job Seeker may contact you. You acknowledge and agree that your registration as a Job Referrer constitutes consent for Job Seekers to contact you. No further consent will be required, and upon you completing your registration, we may make your profile and details available to Job Referrers.
45. The Marketplace provides an option to exchange the messages between Job Seeker and Referrer during discussion of a Referral offer. These messages can be in form of free text that can only be used to discuss the following topics:
a. Job Seekers evaluation for the job opening where Referrer will refer the Job Seeker.
b. Job Seeker discussion with Referrer to understand more about the Job description.
c. Share Resume
d. Negotiation of Referral Incentive that Job Seeker will be required to pay Referrer for a successful referral.
46. When exchanging messages on the marketplace or otherwise, none of the users can share or discuss any confidential or sensitive company information that can be considered an undue advantage to Job Seeker to clear the interview process or violates the laws of the company in which Referrer is referring the Job Seeker.
47. In all interactions with Referrers, you warrant that you will:
a. Behave respectfully and in a professional manner; and
b. Not provide any information or make any claims that are false or misleading; and
c. Not engage in any behavior that could reasonably be considered offensive, including but not limited to behavior that is racist, sexist, or homophobic.
If we believe you to have breached this clause (whether or not our belief is reasonable), we may remove you from the Platform without processing any payment that is due from a Job Seeker for a successful referral, without notice and will not incur any liability.
48. When you share the information with another user or users on the marketplace (or simply add any personal or professional details on this marketplace that are public), you warrant that the information and documents are accurate and are not misleading. You also release us from all liability resulting from the provision of such information to users and third parties. You expressly acknowledge that Job Referrers are third parties unconnected to us, and we are in no way responsible for what they do with any information or documents that you provide.
49. Referrer will discuss the details of the Referral Offer with the Job Seeker. Referrer is fully responsible for his or her actions based on his or her discussion with the Job Seeker. Some actions that a Referrer is expected to take based on the discussion with Job Seeker (but not limited to) and by clicking the appropriate button on the Marketplace:
a. Ask for Resume
b. Agree to a Referral Incentive amount for successful referral
c. Share Referral Offer with Job Seeker, so that Job Seeker can Accept or Reject it by clicking the appropriate button in his or her Marketplace Account.
d. After Job Seeker Accepts the Referral Offer, resulting in the Referral Offer to be in the Bonded state, Referrer can refer the Job Seeker’s profile to the Hiring Managers for a discussed job opening.
e. Request to release Referral Incentive to Job Seeker if Referrer believes that Job Seeker has received the Job Offer from the company where the Referrer referred the Job Seeker.
The Marketplace is not responsible for any of your actions performed on the Marketplace.
PAYMENT TERMS FOR USER (WHO HAS ENABLED REFERRER PROFILE)
50. To be able to accept the Referral Offer you (Referrer) send the Job Seeker, the Job Seeker will be required to deposit the funds at least equal to the Referral Incentive Amount to the Marketplace’s Client Money Account. This ensures that the Job Seeker is serious about getting referred from the Referrer.
51. At any point BEFORE the Job Seeker has released (or paid) the Referral Incentive to the Referrer, the Job Seeker can cancel the Referral Offer. This will notify the Referrer that Job Seeker is no longer interested in the referral. This can happy any time during the process, such as even after Referrer has forwarded the Job Seeker’s profile (or resume) to the hiring managers. This means that a Job Seeker is in full control of his or her advance deposit funds (or Referral Incentive).
52. So, in case if the Job Seeker believes that he or she has not received the job (and that the Referral is un-successful) that was referred by you (Referrer), the Job Seeker can cancel (or in other words Mark The Referral Offer as Un-Successful), and get the Referral Incentive unlinked from the Referral Offer.
53. You fully understand that there could be situations when you (Referrer) believe that the Job Seeker has received the Job and would want the Job Seeker to release/pay the Referral Incentive, whereas the Job Seeker believes that he or she did not get the job that was referred by you (Referrer) in such situations there will be no dispute management process provided by the Marketplace. Also, in such situations Job Seeker will have full authority to not release or pay the Referral Incentive to you.
54. To be able to receive any Referral Incentive paid to you (Referrer) by the Job Seeker you will be required to complete the payment setup with our payment gateway provider (Stripe®). You will be required to provided your personal details including proof of Identity and Bank details (Name, BSB & Account Number) to Stripe for successful creating of a “Connected Account” with Stripe®.
55. When Job Seeker believes that he or she has received the Referred job, then the Job Seeker will be required to release (pay) the Referral Incentive within 30 days of joining the job.
56. When Job Seeker believes that he or she has received the Referred job, then the Job Seeker will release (pay) the Referral Incentive from his or her Marketplace Account using appropriate controls provided by the Marketplace. Once this happens the Marketplace will process to pay the 85% of the Referral Incentive to your nominated bank account you provided during the “connected account” signup with Stripe. It might take up to 15 working days (from the date Job Seeker release (pay) you the funds) for the funds to reflect in your bank account.
57. 15% of the Referral Incentive is considered as the fee that you (Job Referrer) pay to the Marketplace as Marketplace Fee. This Marketplace Fee includes the fee that we pay to Stripe for processing the payouts to your Bank Account and also includes the 10% GST.
a. You irrevocably authorize us to:
i. Deduct 15% of the Referral Incentive amount paid to you by the Job Seeker for a successful Referral. This 15% is the Marketplace Fee.
MISCELLANEOUS PROVISIONS FOR USER (WHO HAS ENABLED JOB REFERRER PROFILE)
58. Notwithstanding any other provision, you must not send the Referral Offer to, or continue to correspond with, any Job Seeker if you are aware or become aware that the Job Seeker is not suitable for the Job for which the Referral Offer is being discussed.
59. Notwithstanding any other provision, you must not send the Referral Offer to, or continue to correspond with, any Job Seeker if you can influence the interview or selection process of the Job for which you are referring the Job Seeker. For example, if the vacancy is for an employee who directly or indirectly going to report to you immediately after joining the company, then you cannot refer any Job Seeker on this Marketplace for such job opening. Also, you cannot refer a Job Seeker if you are going to be part of the Interview panel or part of selection process for the candidate for which you are referring a Job Seeker.
60. You (Referrer) to the best of your ability will assess the Job Seeker to ensure that he or she is suitable for the Job Opening for which you are referring him or her for further interviews.
61. You must not provide or disclose any information that is confidential to the company (employer) or that compromises the interview or selection process in any way.
62. You acknowledge that in some instances, employers may have a policy that prohibits a person from receiving a monetary benefit for referring a job candidate. It is your responsibility to know whether any potential employer to whom you are referring a Job Seeker maintains such a policy and to not proceed with an application if an employer maintains such a policy. You acknowledge that if you fail to do so, the employer may later terminate your employment (if you work for this employer). You release us from all liability in relation to any such termination and indemnify us against any claim bought as a result of such a policy.
63. Your interaction with us will not give rise to any relationship other than one in which we act as an agent to connect you with Job Seeker.
64. You acknowledge that there are inherent dangers in providing contact information to strangers or posting it online. We are not responsible for any injury or damage that you suffer because of information that you post on the Platform or which is provided to Job Referrers.
65. If you publicize any third-party URL or Marketplace on the Platform, you warrant that you have the legal right to do so. You agree to indemnify us against you breaching this clause which will not merge on completion.
66. You must keep your login credentials and account secure. You agree to indemnify us against any loss we suffer as a result of you failing to do so.
67. We will not incur any liability to you under these Terms except (in limited circumstances as per the Terms).
68. We will not be liable for any indirect or consequential damages.
69. Our failure to exercise a right does not constitute a waiver of that right.
70. Any limitation of liability or indemnity in our favor survives termination of this agreement.
71. We may terminate your access to the Platform at any time and without notice and will incur no liability for doing so.
72. We will not incur any liability because the Platform is unavailable, whether temporarily or on a permanent basis (other than to refund a Fee where we would ordinarily be required to refund the Fee).
73. If any provision of the Terms is illegal, it will be severed but only to the minimum extent required by law.
USER OF JOB SEEKER’S INFORMATION BY USER (WHO ENABLED JOB REFERRER ROLE)
74. If you received any information from the Job Seeker, that is not public (for example email address or mobile number), as a result of your engagement with the Job Seeker on this marketplace, either via messaging system provided by Marketplace or otherwise, you will not use or disclose that information except:
a. for the purpose of referring the Job Seeker for the Job Opening in the company that is mentioned in the Referral Offer.
You agree to indemnify us against any breach of this clause. This indemnity does not merge on completion.
USER PERSONAL INCOME TAX IMPLICATIONS
75. The Marketplace suggests that the user discuss with their accountant or tax experts whether or not the expense incurred on this Marketplace is deductible or not from the user’s income.
INTELLECTUAL PROPERTY OWNERSHIP
76. Unless otherwise indicated, the Marketplace is our proprietary property and all ideas, concepts, techniques, inventions, processes, source code, databases, functionality, software, Marketplace designs, audio, video, text, photographs, and graphics on the Marketplace (including any data added by you on the Marketplace as a user), (collectively, the “Content’) and the trademarks, service marks, and logos contained therein (the “Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Australia, international copyright laws, and international conventions. The Content and the Marks are provided on the Marketplace “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Marketplace and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
77. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Marketplace and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
USER REPRESENTATIONS
78. By using the Marketplace, you represent and warrant that: (1) you have the legal capacity, and you agree to comply with these Terms and Conditions; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Marketplace through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Marketplace for any illegal or unauthorized purpose; and (5) your use of the Marketplace will not violate any applicable law or regulation.
79. If you provide any information that 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 marketplace (or any portion thereof).
80. You may not use the Marketplace for any illegal or unauthorized purpose nor may you, in the use of Marketplace, violate any laws. Among unauthorized Marketplace use are the following: intoxicants of any sort; offer an undue advantage to a user to bypass the interview process; violate any agreement that user might have with their employer or the company where the user is referring another user for a job interview; illegal drugs or other illegal products; alcoholic beverages; games of chance; and pornography or graphic adult content, images, or other adult products. Postings of any unauthorized products or content may result in immediate termination of your account and a lifetime ban from use of the Site.
81. We are a marketplace and make no representations as to the safety, effectiveness, adequacy, accuracy, availability, prices, ratings, reviews, or legality of any of the information contained on the Marketplace displayed or offered through the Site. You understand and agree that the content of the Marketplace does not contain or constitute representations to be reasonably relied upon, and you agree to hold us harmless from any errors, omissions, or misrepresentations contained within the Site's content. We do not endorse or recommend any particular Marketplace Offering as these offerings are prepared and used by users (including you) and hence you need to decide if it’s useful and safe for your use. We are merely providing a platform or marketplace for users to offer and consume the services of job referral.
PROHIBITED ACTIVITIES
82. You may not access or use the Marketplace for any purpose other than that for which we make the Marketplace available. The Marketplace may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
83. As a user of the site, you agree not to:
a. Systematically retrieve data or other content from the Marketplace to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
b. Trick, defraud, or mislead us and other users, in any attempt to learn sensitive account information such as user password, extract money (Referral Incentive) any company’s or organization’s secrets, and/or confidential information.
c. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Marketplace and/or the Content contained therein.
d. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Marketplace.
e. Use any information obtained from the Marketplace in order to harass, abuse, or harm another person.
84. Make improper use of our support services or submit false reports of abuse or misconduct.
85. Use the Marketplace in a manner inconsistent with any applicable law or regulations and your employer’s terms of service.
86. Engage in unauthorized framing of or linking to the Marketplace.
87. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Marketplace or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Marketplace.
88. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining. robots, or similar data gathering and extraction tools.
89. Delete the copyright or other proprietary rights notice from any Content
90. Attempt to impersonate another user or person or use the username of another user.
91. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ('gifs'"), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware or "passive collection mechanisms" or "pcms").
92. Interfere with, disrupt, or create an undue burden on the Marketplace or the networks or services connected to the site.
93. Harass, annoy, intimidate, or threaten any of the marketplace users, our employees or agents for any reason.
94. Attempt to bypass any measures of the Marketplace designed to prevent or restrict access to the Site, or any portion of the site.
95. Copy or adapt the Marketplace's software, including but not limited to Referral Offer Workflows, Referral Offer Process, Flash, PHP, HTML, JavaScript, or other code.
96. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
97. Except as may be the result of the standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility. scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
98. Use a buying agent or purchasing agent to make purchases on the Site.
99. Make any unauthorized use of the Marketplace, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
100. Use the Marketplace as part of any effort to compete with us or otherwise use the Marketplace and/or the Content for any revenue-generating endeavor or commercial enterprise.
USER GENERATED CONTRIBUTIONS
101. The Marketplace or this marketplace offer users to submit their profiles depending on the role(s) they have enabled on this marketplace. The marketplace allows users to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials on the Marketplace, including but not limited to third party URLs, text, writings, resume (where you might have added personal information), comments, suggestions, or personal information or other material (Collectively, "Contributions"). Contributions you made may be viewable by other users of the Marketplace and through third-party Marketplaces. As such, any Contributions you transmit may be treated in accordance with our Privacy Policy that can be found in the following link: https://staging.jobreferred.com.au/page/privacy-policy. When you create or make available any Contributions, you thereby represent and warrant that:
102. The creation, distribution, transmission, public display, or performance, and accessing downloading or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
103. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Marketplace to use your Contributions in any manner contemplated by the Marketplace and these Terms and Conditions.
104. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Marketplace and these Terms and Conditions.
105. Your Contributions are not false, inaccurate, or misleading.
106. Your Contributions are not unsolicited or unauthorized advertising. promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
107. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
108. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone
109. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
110. Your Contributions do not violate any applicable law, regulation, or Tule.
111. Your Contributions do not violate the privacy or publicity rights of any third party.
112. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
113. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap
114. Your Contributions do not otherwise violate, or link to material that violates any provision of these Terms and Conditions, or any applicable law or regulation.
115. Any use of the Marketplace in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Marketplace.
CONTRIBUTION LICENSE
116. You and the Marketplace agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
117. By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose Without compensation to you.
118. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights, or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Marketplace and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
SUBMISSIONS
119. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback. or other information regarding the Marketplace ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose. commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
SITE MANAGEMENT
120. We reserve the right, but not the obligation, to: (1) monitor the Marketplace for violations of these Terms and Conditions; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Marketplace or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems: and (5) otherwise manage the Marketplace in a manner designed to protect our rights and property and to facilitate the proper functioning of the Marketplace.
TERM AND TERMINATION
121. These Terms and Conditions shall remain in full force and effect while you use the Site. These Terms and Conditions supersede any information provided on our FAQ and Support page. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE Marketplace (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE MARKETPLACE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, AT OUR SOLE DISCRETION. IF YOU HAVE MADE ANY DEPOSIT ON THE MARKETPLACE THAT IS REFUNDABLE (AS PER THE PAYMENTS AND REFUND CLAUSE OF THESE TERMS AND CONDITIONS) THEN WE WILL PROCESS THE REFUND BEFORE TERMINATING YOUR ACCOUNT.
122. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
123. We reserve the right to change. modify, or remove the contents of the Marketplace at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Marketplace. We also reserve the right to modify or discontinue all or part of the Marketplace without notice at any time. We will not be liable to you or any third party for any modification, price change. suspension, or discontinuance of the Marketplace.
124. We cannot guarantee the Marketplace will be available at all times. We may experience hardware. software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays. or errors. We reserve the right to change, revise, update, suspend. discontinue, or otherwise modify the Marketplace at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Marketplace during any downtime or discontinuance of the Marketplace. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Marketplace or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
125. These terms shall be governed by and defined following the laws of New South Wales, Australia. PM&K PTY LIMITED and yourself irrevocably consent that the courts of New South Wales, Australia shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
DISPUTE RESOLUTION BETWEEN PM&K PTY LIMITED AND YOU
Informal Negotiations
126. To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms and Conditions each “Dispute” (and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 60 days before initiating any litigation. Such informal negotiations commence upon written notice from one party to another party
Exception to Informal Negotiations
127. The parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations: (a) any Dispute seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim of injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to negotiate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
DISPUTE RESOLUTION BETWEEN MARKETPLACE USERS (Job Seeker or Referrer (or Job Referrer))
Informal Negotiations
128. To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms and Conditions each “Dispute” (and collectively, the “Disputes”) brought up the user(s) agree to attempt to negotiate informally for at least 60 days before initiating any litigation. Such informal negotiations commence upon written notice from one user to another user. The marketplace will play no part in managing the dispute between users and will not provide any assistance in resolving the dispute in any way.
129. FOR ANY REASON, IF A USER WANTS TO CONTEST THE DISPUTE WITH ANOTHER USER IN A COURT, THEN THEY CAN DO SO AT THEIR OWN EXPENSE, WITHOUT ANY RELIANCE OR INVOLVEMENT FROM THE MARKETPLACE (IN THIS MATTER AT ANY POINT IN TIME) AS THE MATTER OR DISPUTE WILL BE SOLELY BETWEEN THE USERS.
CORRECTIONS
130. There may be information on the Marketplace that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
DISCLAIMER
131. THE MARKETPLACE ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE MARKETPLACE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE. OF ANY NATURE WHATSOEVER. RESULTING FROM YOUR ACCESS TO AND USE OF THE MARKETPLACE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. (4)ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THE MARKETPLACE, (5)ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY. AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MARKETPLACE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
132. IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY. INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR THE MARKETPLACE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US. IF THE AUSTRALIAN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
133. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage. liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Marketplace; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Conditions; (4) your violation of the rights of a third party. including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Marketplace with whom you connected via the Marketplace. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
USER DATA
134. We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Marketplace, as well as data relating to your use of the Marketplace. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Marketplace. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
135. Visiting the Website or Marketplace, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CONTACT US
136. In order to resolve a complaint regarding the Marketplace or to receive further information regarding the use of the Marketplace, please contact us at contact@jobreferred.com.au.