HelloTalent Pty Ltd
PLATFORM TERMS AND CONDITIONS
HelloTalent Pty Ltd (ABN 72 640 110 667) (HelloTalent, we, us or our) provides job match-making services in the Early Learning sector through a platform (Platform) owned by HelloTalent at https://hellotalent.com.au (Website). Further details regarding the available Services are below.
These Terms and Conditions govern the access and use of the Platform by individuals seeking opportunities (each a Candidate, you or a User) and organisations (each a Business, you or a User) seeking Candidates for available roles.
1. Platform Summary – Introductory Service Only
- We provide an introductory service via the Platform (as further described in section 7 below), connecting Businesses that require educators or employees for temporary, casual, part time or full-time employment in the Early Learning sector with Candidates.
- We only provide introductory services and our role is limited to making the Platform available for the Services. The Platform is not suitable for any other purpose and you should not create an Account if you require services for other purposes.
- We are not an employment agency, labour hire business, referrer or booking agent and provide no such services.
- Use of the Platform is only available to residents of Australia.
2. Effect of Terms
By creating an Account or re-activating your Account:
- you agree to create a contract with us, incorporating these Terms and Conditions and our policies (Policies) as are available on our Website (together referred to as the/these Terms);
- you agree to be bound by, and comply with, these Terms and they form a legally binding agreement between us;
- you warrant that:
- you are over sixteen (16) years old and you have the legal capacity to enter into a contract or, if you are under the age of eighteen (18), you have obtained the consent of your parent or guardian to enter into a contract with us; and
- you are resident in Australia;
- you acknowledge that Businesses and Candidates are not employees, contractors, partners or agents of HelloTalent; and
If any of the above is not correct, or if you do not agree, you are not permitted to register an Account, access the Platform and use any of the Services.
Please do read these Terms (including, without limitation, the Policies) carefully. If you have any questions, please contact us using the contact details at the end of these Terms.
3. Changes to Terms
We may make changes to these Terms (including, without limitation, the Policies) from time to time where we consider it necessary to do so. If we do propose to make any changes, you will be given an opportunity to view those changes and accept them when logging-into your account. We will try to keep any changes to a minimum. If you continue to access the Platform following any such changes, you will be agreeing to use the Platform and Services in compliance with the changed Terms and policies. If you do not agree to the changes, you may terminate your agreement with us by de-activating your Account. We recommend that you check any amendments to the Terms that we bring to your attention before continuing access and use of the Platform and Services.
4. Access to the Platform
- We do not guarantee that the Platform, or any content on it, will always be available or be uninterrupted.
- You are permitted access to the Platform on a temporary basis.
- Each time you access your Account, you re-state the warranties given in section 2 above.
- We may suspend, withdraw, discontinue or change all or any part of the Platform without notice.
- You are responsible for making any and all arrangements necessary for you to have access to the Platform.
5. Creating an Account and Profile
- In order to access the Platform and start using the Services, you will need to:
- create an account via the Platform (Account);
- create a profile via your Account (Profile); and
- pay the initial fees (see section 10 below).
- When creating a Profile:
- you will need to provide the information requested;
- select a unique username and password;
- you agree to provide accurate, current and complete information; and
- a Candidate will need to decide whether to allow Businesses to download information from their Profile. If you do wish to give Businesses permission then you must opt-out when creating your Profile.
- Once you have completed the steps in section 5a) above, you will be able to start using the Business Services or Candidate Services as applicable.
- You are only permitted to have one Account and Profile. You are not entitled to register for an Account on behalf of another individual and/or entity.
- You agree to update the information uploaded to your Account and Profile updated to ensure it is accurate, current and complete. You are responsible for your own Profile.
6. Maintaining your Account
- You may update your Account and/or Profile at any time. You may also change your password at any time. It is your responsibility to keep your Account details, username and password secure and confidential at all times.
- You are responsible and liable for all access to your Account and Profile and any activity on the Platform conducted via your Account and/or Profile, including (without limitation) any authorised access.
- You agree not to disclose your password to any third party and you will take sole responsibility for any activities or actions under your Account, whether or not you have authorised such activities or actions. If you are a Business, you must only allow access to the Platform by a designed representative on behalf of the Business.
- You must immediately notify us of any unauthorised access to your Account.
- By creating an Account, Businesses will be able to:
- create a Profile;
- search for, and view, Candidates’ Profiles, unless Candidates have opted not to be part of talent searches;
- advertise employment opportunities (Talent Opportunities) via a listing on the Platform (Listing);
- contact Candidates regarding Talent Opportunities (including, without limitation, to engage them in a recruitment process and/or offer them a position), using the contact details provided in the Candidates’ Profiles; and
- such other services as may be referred to on the Website,
together, the Business Services.
- By creating an Account, Candidates will be able to:
- create a Profile;
- search for, and view, Businesses’ Profiles;
- search and apply for Talent Opportunities;
- contact Businesses regarding Talent Opportunities, using the contact details provided in the Business’ Profiles;
- receive invitations and offers from Businesses regarding Talent Opportunities, including (without limitation) invitations to attend interviews;
- receive “alerts” to your Profile and messages (whether by email or text) from Businesses and HelloTalent; and
- such other services as may be referred to on the Website,
together, the Candidate Services.
- Candidates may opt out of being searchable by Businesses and included in a talent search on the Platform conducted by Businesses.
- The Business Services and Candidate Services (together, the Services) are only available via the Platform.
- A Business may ask a Candidate to provide information further to that which is available on the Candidate’s Profile.
- A Business must to a Candidate sufficient information regarding a Talent Opportunity either in a Listing or directly to a Candidate if approaching a Candidate directly through the Platform, which may include (without limitation) the following:
- the identity of the Business;
- the date that the Talent Opportunity is to commence and its duration or likely duration;
- the position which the Business seeks to fill, including the type of work, the duties, location and hours;
- the pay / salary and any benefits;
- any known risks to health and safety; and
- if applicable, the experience, training, qualifications and any authorisation which the Business considers are necessary or which are required by law or a professional body for the Candidate to possess in order to fulfil the duties.
- In the event that a Business engages a Candidate for a Talent Opportunity, that arrangement is between the Business and Candidate and those parties will need to negotiate the terms of engagement. We are not a party to that arrangement and it is strictly and expressly not part of your agreement with us.
8. Ratings and Reviews
- If you are a Candidate, you may:
- on the Platform: rate Businesses and/or the Profiles created by Businesses, which indicates the Candidate’s opinion as to the quality of those Businesses and Profiles; and
- on HelloTalent’s social media accounts: provide reviews regarding Talent Opportunities obtained by that Candidate.
- If you are a Businesses, you may:
- on the Platform: rate Candidates and/or the Profiles created by Candidates, which indicates the Business’ opinion as to the quality of those Candidates and Profiles; and
- on HelloTalent’s social media accounts: provide reviews regarding the quality of services provided by Candidates.
- Each rating (Rating) and review (Review) described above can be viewed by any User.
- Ratings and reviews will remain viewable until the relevant Account, Profile and/or Listing that they relate to is removed or terminated.
- Whilst Ratings and Reviews are subjective, you must provide true, fair and accurate information in ratings and reviews.
- If, in our reasonable assessment, we believe that Ratings and/or Reviews are untrue, unfair, inaccurate, offensive, malicious or otherwise inappropriate, in addition to our other rights under these Terms, we may delete them and/or ban the relevant User from posting further Ratings and/or Reviews.
9. Website and HelloTalent social media accounts
- These Terms also apply to the Website and HelloTalent’s social media pages and govern your use and conduct when using the same.
- Our rights under these Terms also apply with respect to the Website and HelloTalent’s social media pages.
- Users are required to pay fees for use of the Platform and for the Services as set out in the pricing table on the Website.
- All fees are payable in Australian dollars.
- We will charge GST where applicable.
- You must pay for the Services by debit or credit card. We will process the payment via Stripe upon receipt of the request for Account registration and/or Listing.
- You must not pay, or attempt to pay, for the Services through any fraudulent or unlawful means.
- If we are unable to successfully process your payment then we may cancel your Account and/or Listing as the case may be.
- In the absence of fraud or mistake, all payments made are final and you do not have the right to cancel your purchase or payment for any reason. You agree to honour all payments made.
- If use a debit or credit card for payment or provide details to us of such a card, you warrant that:
- the information is true, accurate and complete;
- you are authorised to use the debit or credit card to make the payment;
- the payment will be honoured by the card issuer; and
- you will maintain sufficient funds in the account to cover the relevant amount.
- Nothing prevents us from taking any action necessary to recover any unpaid fees.
- We may change our pricing structure and/or payment methods from time to time at our sole discretion. These changes will be made known to you when accessing your Account and the Platform on the next occasion. After a pricing change, you have the choice to continue using the Platform and Services, or to cancel your Account and contract with us without penalty (see section 18).
- In this section 10:
- GST has the meaning given to it in the GST Law, and other goods and services tax, or any tax of a similar nature; and
- GST Law means the same as in A New Tax System (Goods and Services Tax) Act 1999 (Cth), as amended, supplemented or otherwise modified and in effect at the relevant time (or applicable successor law).
11. Offers and Promotions
- We may, from time to time, make offers or promotions which may be applicable to the Services.
- The conditions of such offers or promotions will be specified on the Platform.
- You acknowledge and agrees that:
- we may, at our sole discretion, remove or extend any offers or promotions;
- we are not responsible or liable for any potential or actual loss or damage which you incur as a result of the removal or extension of any offers or promotions.
12. Feedback and complaints
- We welcome feedback. If you have any feedback, questions or complaints about the Platform or Services, please contact us using the email address at the end of these Terms.
- We will seek to resolve concerns quickly and effectively.
- If we receive a complaint from you, we will aim to respond and provide a suitable solution within 5 days. If you are not satisfied with our response, you and we agree to the following dispute resolution procedure:
- you must fully explain to us in writing the nature of the dispute, what outcome you are seeking and what action you think will settle the dispute;
- you and we agree to discuss the matter in good faith to seek to resolve the dispute by agreement;
- if we do not agree a resolution during our discussion, either we or you may refer the matter to a mediator. If we cannot agree on who the mediator should be, both you and we agree to seek that the President of the Law Society of Western Australia appoints a mediator. The mediator will decide the time and place for mediation. Each party to the dispute must attend the mediation in good faith, to seek to resolve the dispute. The rules for the mediation will be those published by the Law Society of Western Australia.
- Any attempts made by a party to resolve a dispute pursuant to this section are without prejudice to other rights or entitlements of either party under these Terms, by law or in equity.
- You agree that any legal remedy or liability that you may seek to obtain for actions or omissions of a Business, Candidate or other third party, will be limited to a claim against the Business, Candidate or other third party, who caused the harm to you. We encourage you to communicate directly with the relevant Business, Candidate or third party to resolve any disputes.
13. Consumer Guarantees
- Candidates have the benefit of certain rights, protections and remedies under the Australian Consumer Laws (ACL) in the Competition and Consumer Act 2010 (Cth) (and similar consumer protection laws and regulations) concerning the provision of Services by us to you, which cannot be excluded, restricted or modified (Statutory Rights). These rights may apply to Businesses to the extent that they qualify under the ACL.
- We give the following notice to qualifying Users:
“HelloTalent guarantees that the Services supplied to the User are rendered with due care and skill, fit for the purpose that:
- HelloTalent advertises; or
- the User has told HelloTalent they are acquiring the Services for or for a result which the User has told HelloTalent they wish the Services to achieve, unless HelloTalent considers and discloses that this purpose is not achievable; and
will be supplied within a reasonable time.
HelloTalent is not required to provide a refund if you change your mind about the Services you asked for. You can choose to cancel your contract with HelloTalent, and receive a refund for unconsumed Services, if the Service has a major problem. This is when the Service:
- has a problem that would have stopped someone from purchasing the service if they had known about it;
- is substantially unfit for its common purpose, and can’t be easily fixed within a reasonable time;
- does not meet the specific purpose you asked for and cannot be easily rectified within a reasonable time; or
- creates an unsafe situation.
If you choose to continue with the contract, you can ask us to compensate you for any difference in the value of the Services HelloTalent provided and what you paid.
If the problem is not major, HelloTalent will fix it within a reasonable time. If it is not fixed within this time, you can choose to cancel your contract as if it is a major problem. If the problem cannot be fixed, HelloTalent will view it as a major problem.
Please keep proof of your agreement—e.g. your confirmation email of creating an Account.
To the extent HelloTalent is unable to exclude liability, HelloTalent’s total liability for loss or damage suffered or incurred by the User from the Services is limited to:
- HelloTalent rectifying and re-supplying the Services to the User; or
- HelloTalent refunding to the User the amount they have paid HelloTalent for the Services to which their claim relates.”
- Nothing in these Terms excludes a User’s Statutory Rights as a consumer under the ACL. You agree that our liability for Services provided to you (if you are a consumer for the purposes of the ACL) is governed by these Terms and the ACL.
14. Intellectual Property
- All logos, slogans, content, designs, diagrams, drawings, graphics, images, layouts, appearance, videos, ideas, methods, databases, codes, algorithms, software, fees, pricing, notes, documents, domain names, confidential information, copyright, rights in circuit layouts (or similar rights), registered or unregistered trade marks, trade names, patent, know-how, trade secrets, moral rights and any other intellectual or industrial property whether such rights are capable of being registered or not (collectively, Intellectual Property), including (without limitation) copyright which subsists in all creative and literary works displayed on the Platform and Services, the layout, appearance and look of the Platform, together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world, whether created before or after the date of these Terms and whether used or contained in the Platform is owned, controlled or licensed to us (or our affiliates, related bodies corporate and/or third party licensors as applicable).
- You agree that, as between you and us, we own or hold the relevant licence to all Intellectual Property rights in the Platform and Services, and that nothing in these Terms constitutes a transfer of any Intellectual Property. The Intellectual Property, Platform and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary or industrial rights whether such rights are capable of being registered or not, and also may have security components that protect digital information only as authorised by us or the owner of the content.
- Some Intellectual Property used in connection with the Platform and Services is owned by third parties (collectively, Third Party IP).
- You are not entitled to copy, imitate or use, in whole or in part, our Intellectual Property or any Third Party IP without prior written permission from us or the applicable third party owner.
- You do not obtain any interest or licence in the Intellectual Property or Third Party IP without prior written permission from us or the applicable third party owner.
- You are not entitled to do anything which interferes with or breaches our Intellectual Property rights or the rights of the owner of Third Party IP.
- You agree not to decompile, reverse engineer, disassemble, rent, lease, loan, sublicense, commercially exploit or create derivative works from the Platform.
15. User Licence
- Subject to these Terms, we grant you a personal, non-exclusive, non-transferable, limited and revocable licence to use the Platform and Services for your own personal and non-commercial use only on a computer or mobile device owned or controlled by you as permitted in accordance with these Terms (User Licence), and not to use the Platform and Services in any other way or for any other purpose, apart from local fair dealing legislation in accordance with the Copyright Act 1968 (Cth). All other uses are prohibited without our prior written consent.
- We are licensing to you the right to use the Platform and Services and not selling it to you. Your only rights in the Platform and Services are in accordance with these Terms.
- These Terms and your User Licence govern any updates to, or supplements or replacements for the Platform and Services, unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
16. Permitted and Prohibited Conduct
- You are:
- solely responsible for compliance with any and all laws, rules, regulations, including (without limitation) tax obligations, that apply to you, the Platform, the Services and your use of them;
- responsible for backing-up Your Content;
- responsible for determining the identity and suitability of other Users that you contact via the Platform.
- In using the Platform in any way, you must:
- limit your comments in Ratings, Reviews, Forums and Profiles, and any content uploaded to the Platform, to topics which are directly relevant to the Services, the Profile, the Business or the Candidate as the case may be (any one of them, any combination or all of them);
- not remove, alter or obscure any Intellectual Property (other than your own) or other proprietary rights notices incorporated in or accompanying the Platform and/or Services (including (without limitation) Listings);
- not share with anyone else the contact information of another User that you gain access to via the Platform;
- not impersonate someone else;
- not use the Platform for a commercial purpose or any other purposes that are not expressly permitted by these Terms;
- as a Business, advertise any Talent Opportunity that it does not intend to honour, cannot provide or otherwise cannot commit to;
- as a Candidate; agree to a Talent Opportunity that you do not intend to honour or cannot commit to;
- not collect or store any personally identifiable information about any other user other than for purposes of transacting as a User on the Platform;
- not create compile information for the purposes of creating your own database of Users and you must not create such a database or create a platform similar to the Platform or encourage or facilitate any other person to do any of these activities;
- not use the Platform in a way that may cause it to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Platform is in any way impaired;
- not knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
- not use, display, mirror or frame the Platform, or any individual element within the Platform, Services, HelloTalent’s name, any HelloTalent Intellectual Property, information, or the layout and design of any page or form contained on a page, without HelloTalent’s express written consent; or
- not post, upload, publish, submit or transmit any content or comments that:
A. contain illegal material, personal or business advertisements (except as permitted as part of the Services) or any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
B.contain foul, vulgar or offensive language;
C.are defamatory, insulting, hateful, inflammatory, threatening, violent, obscene, sexually explicit or pornographic or contain language or content amounting to, or promoting, discrimination (based on race, sex, religion, nationality, disability, sexual orientation or age), bigotry, racism, hatred, harassment, victimisation, violence or harm against any individual or group;
D.incite fear or abuse, degrade, victimise, bully, harass, embarrass or attack any other person; or
E. contain any comments on religion, politics, gender, sexuality or race; or
F.are likely to have a negative effect on the reputation of HelloTalent, the Platform, Services and/or a User; or
G.infringes, misappropriates or violates any other party’s Intellectual Property, or rights of publicity or privacy;
H.is fraudulent, false, misleading or deceptive;
I.denigrates or defames HelloTalent, the Platform, Services, Businesses or Candidates (any one, combination or all);
J.breach any legal duty, including (without limitation) a duty of confidentiality;
K.violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
L.promotes illegal or harmful activities or substances;
M.deceive or are intended to deceive;
N.contain any false or misleading information;
O.to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; or
P.contain links to any of the above on any other website, platform or forum; and
- not advocate, encourage or assist any third party in doing any of the matters referred to in this section 16.
- We reserve our right to remove any ratings, reviews and posts which we consider, at our sole discretion, to be inappropriate.
- You acknowledge and agree that any communications with another User are at your own risk.
- You should report to us any activities, requests or comments of Users which are, or which you reasonably believe to be in contravention with this section 16 above.
17. User Content
- You are permitted to post, upload, publish, submit or transmit relevant information and content (User Content), subject to these Terms.
- By making available any User Content or any Intellectual Property on or through the Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content and Intellectual Property, with the right to use, view, copy, adapt, modify, distribute, sub-license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content and Intellectual Property on, through or by means of the Platform and Services.
- You agree that you are solely responsible for all User Content and Intellectual Property that you make available through the Platform.
- You represent and warrant that:
- you are either the sole and exclusive owner of all User Content and Intellectual Property that you make available through the Platform, or that you have all rights, licences, consents and releases that are necessary to grant us the rights in such User Content or Intellectual Property, as contemplated under these Terms; and
- neither the User Content nor the posting, uploading, publication, submission or transmittal of the User Content or our use of the User Content (or any portion of it) on, through or by means of the Platform or Services will infringe, misappropriate or violate a third party’s Intellectual Property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- We may at our sole discretion remove any User Content and/or Intellectual Property that breaches or does not comply with these Terms in any way (including, without limitation, any prohibited conduct referred to in section 16 above).
18. Your right to cancel
- If you wish to de-activate your Account and terminate your contract with us at any time, you can:
- email us at info@HelloTalent.com.au, giving clear notice to that effect; or
- deactivate your Account via the Platform.
- Subject to section 13, we do not provide any refunds upon cancellation.
- If you cancel, you can later reactivate your Account, using the stored Profile data.
19. Our rights to suspend or terminate your Account
- We reserve the right to terminate your contract with us, Account and Profile immediately if:
- you commit a non-remediable breach of your contact or a remediable breach that is not remedied within 5 days of us giving the User notice to do so; or
- we reasonably suspect that your Account, Profile and/or Listing has been involved in fraudulent activities on the Platform. We may also contact the relevant authorities and provide all necessary information to assist in proceedings and investigations; or
- We reserve the right to suspend and/or terminate your contract with us, Account and Profile immediately if:
- any information you provided in your Account, on your Profile or otherwise on the Platform proves to be inaccurate, not current or incomplete and we consider it to be misleading; or
- we reasonably believe that your use of the Platform (including (without limitation) any User Contact) is objectionable for any reason, in violation of these Terms or otherwise harmful to us, the Platform, the Services or any other User.
- We may exercise these rights at our sole discretion. If we decide to exercise any of our rights under this section 19, we may also do any or all of the following with or without notice to you:
- de-activate your Account and disable your password (you will not be able to access the Platform, Services, Forums and your Account, Profile, User Content and Intellectual Property);
- remove and/or edit your User Content and Profile;
- if you are a Business, we may remove any current, pending and future Listings you have posted or seek to post;
- communicate to affected Businesses and/or Candidates that the relevant Account has been de-activated and/or Listing has been removed;
- contact Candidates to inform them of potential alternative Services, including (without limitation) Talent Opportunities available from different Businesses on the Platform; or
- remove any and all posts and comments you have made on the Platform, including (without limitation) on any Forums.
- We may exercise any or all of the above rights at our sole discretion, in any combination.
- If we exercise any of these rights, you will not be entitled to any compensation.
This section 20 applies, subject to your Statutory Rights.
- We do not guarantee that:
- Users will access the Platform or seek or require any of the Services;
- Candidates will be able to find desirable Businesses or Talent Opportunities;
- Businesses will be able to find appropriate Candidates;
- use of the Platform or Services will result in Candidates finding appropriate Talent Opportunities or being hired or Businesses filling Talent Opportunities. Businesses have sole discretion in determining who (if anyone) to engage for a Talent Opportunity.
- We require Businesses and Candidates to confirm that they have provided accurate information. However, we do not:
- endorse any Business, Candidate, Profile, Listing or Talent Opportunity;
- perform any sort of background checks of Businesses or Candidates;
- confirm or verify the identity of any Business or Candidate;
- verify the authenticity of any Profile, Listing or Talent Opportunity;
- undertake to review each and every review and rating.
- We cannot prevent Users from uploading content to the Platform but we may moderate that content control the content contained in any Profiles or Listings or the condition, legality or suitability of any Business Employment Opportunities.
- We do not take responsibility for, and make no representations or warranties to you or any other person or entity as to, the reliability, accuracy or completeness of the information contained on the Platform. We disclaim any and all liability related to any and all Candidates, Businesses, Profiles, Listings and Talent Opportunities.
- We recommend:
- all Businesses check and verify the identity of a Candidate prior to engaging the Candidate in respect of a Talent Opportunity;
- all Candidates check and verify the identity of a Business prior to engaging with the Business in respect of a Talent Opportunity; and
- you back-up all User Content.
- To the fullest extent allowable under applicable law (and subject to your Statutory Rights):
- all material and work is provided without warranties of any kind, either express or implied;
- we make no representations, warranties or guarantees, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Platform for any particular purpose. You acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any and all liability for those;
- we expressly disclaim all warranties, representations, guarantees and conditions, whether express or implied, including (without limitation) any warranties, representations, guarantees and conditions that the Platform or Services are merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non-infringing or free of defects or errors;
- we are not responsible for the content of any Reviews or any Ratings given;
- we will not be liable to you if for any reason the Platform is unavailable at any time or for any period;
- we do not warrant that the Platform, the Services, content on the Platform (including (without limitation) pictures, videos, sound clips, resumes, links etc.), or your access to the Platform or the Services will be error free, that any defects will be corrected or that the Platform or the server which stores and transmits material to you is free of viruses or any other harmful components;
- we disclaim liability in the event that a third party accesses your personal details and/or your User Content either due to you authorising their access or due to unauthorised access; and
- we take no responsibility for, and will not be liable for, the Platform, the Services, the Businesses, the Candidates, Business Services and Talent Opportunities being unavailable, being of a particular standard of workmanship, failing to meet the Profile description, failing to meet the Listing description, failing to meet your need, or being of less than merchantable quality.
- We are not responsible for:
- any duties, fees, taxation, industrial relations, visa or immigration matters associated with these Terms or any Services. We advise all Users to seek advice in relation to these matters; and
- Users’ compliance with any applicable laws, rules and regulations.
- You agree not to attempt to impose liability on, or seek any legal remedy from, us with respect to such matters.
21. Limitation of Liability
- To the maximum extent permitted by law (and subject to section 13), our total liability arising out of or in connection with the Platform, the Services and the Terms, however arising, including (without limitation) under contract, tort, negligence, in equity, under statute or otherwise, is limited to:
- us re-supplying the Services to you; or
- us refunding to you the amount you paid for the Services to which your claim relates.
- Our total liability to you for all damages in connection with the Services and these Terms will not exceed the price you paid under these Terms for the 12 month period prior to the act which gave rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made.
- We will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special, consequential and/or incidental, including (without limitation) lost profits, lost revenue, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal, bodily injury, death or emotional distress, loss of revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on the User’s information systems or costs of replacement goods, or otherwise, suffered by the User or claims made against the User, arising out of or in connection with the Platform, Services, content on the Platform, inability to access or use the Platform, the Services, any Profile, any Listing, the Business Services, any Talent Opportunities or the Terms, even if we were expressly advised of the likelihood of such loss or damage.
- Nothing excludes our liability for fraud or fraudulent misrepresentation.
- The limitations of damages set out above are fundamental elements of the basis of the bargain between us.
- This limitation of liability reflects the allocation of risk between us. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to our benefit.
- You agree to indemnify and hold HelloTalent (and all related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any and all claims, actions, suits, demands, damages, liabilities, costs and expenses (including (without limitation) legal costs and expenses on a full indemnity basis), including (without limitation) in tort, contract, negligence, equity, under statute or otherwise arising out of or in connection with:
- your access and/or use of the Platform or Services;
- any breach by you of these Terms;
- any wilful, unlawful or negligent act or omission by you; or
- any violation of any applicable laws or the rights of any third party by you.
- We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate in asserting any available defences.
- Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if the delay or failure is due to any circumstance beyond our reasonable control.
- Notice: Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other party.
- Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by us of any of the Terms will be effective unless we expressly state that it is a waiver and we communicate it to you in writing, which may be by email.
- Assignment: You must not assign any rights or transfer obligations under the Terms whether in whole or in part without our prior written consent. We may assign rights or transfer obligations under the Terms without your consent, provided you will not be prejudiced by that assignment or transfer.
- Severability: If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- Jurisdiction and applicable Law: These Terms, use of the Platform, the Services and any dispute arising out of or in connection with the same are each subject to the laws of Western Australia, and subject to the exclusive jurisdiction of the court of Western Australia.
- Compliance with laws: HelloTalent makes no representation that the Platform or content of the Platform complies with the laws (including (without limitation) intellectual property laws) of any country outside Australia. If you access the Platform from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Platform.
- Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between us and each User, and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing, except to the extent of any statement that we have made outside of the agreement between us that is fraudulent or negligent.
- Survivorship: Sections 9, 13, 14, 19, 20, 21, 22 and 23 survive the termination of the agreement between us and such other terms as are necessary in respect of our rights over your Account, Profile, User Content and uploaded comments and information.
For questions and notices, please contact:
HelloTalent Pty Ltd. ABN 72 640 110 667
Last update: February 2021