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Terms and Conditions2020-08-06T10:38:56+10:00

TERMS AND CONDITIONS

Welcome to JobScouts, an online referral recruitment system.

By visiting and/or using the https://jobscouts.co/ website and its associated services and functions (“Website“) you agree to be bound by these terms and conditions (“Agreement“).

This Agreement is formed between anyone who visits this Website (“you” and “your“) and Job Scouts PTY LTD (“we“, “us” and “our“).

If you do not agree to any provisions of this Agreement, you must not use the Website.

We reserve the right to make changes to this Agreement from time to time at our sole discretion. These may take effect immediately. By continuing to use the Website following the making of those changes, you agree to be bound by the changes.  You should check our Agreement and policies from time to time, especially when ordering products, to acquaint yourself with the current versions of those documents.

DEFINITIONS

  1. Agreement” means these Terms of Use.
  2. Confidential Information” means all trade secrets, ideas, know-how, concepts and information whether in documentary form, electronic form or otherwise and disclosed by one party to the other party whether before or after the date of this Agreement relating in any way to: the products, services, software, suppliers, computer systems and infrastructure, business practices and policies, methodologies, systems, affairs (commercial, financial and technical), business plans, strategies, businesses, client information or personnel of Disclosing Party or its Related Parties; the terms upon which Disclosing Party and its Related Parties provide products and services to their clients; any information which Disclosing Party or its Related Parties collects or maintains on behalf of their clients, or any information in the power, possession or control of Disclosing Party or its Related Parties concerning or belonging to any third party; and all material, reports, test data, compilations of information or data, computer programs or any part thereof prepared by or on behalf of Disclosing Party or any of its Related Parties ; and for the avoidance of doubt, the existence and content of this Agreement, and all discussions between the parties connected to the Permitted Purpose, is the Confidential Information of each party.  
  3. Data” means any data entered by You, or with Your authority, into the Platform.
  4. Employer” means the Subscriber.
  5. Intellectual Property Right” means any patent, trademark, service mark, copyright and related rights, moral right, right in a design, rights to inventions, copyright, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, database rights, rights to use, and protect the confidentiality of, know-how), and all other intellectual property rights, confidential information (including know-how) and any other intellectual or industrial property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in anywhere in the world.
  6. Invited User” means any person or entity, other than the Employer, that uses the Platform with the authorisation of the Employer from time to time.
  7. Incentive” means a financial reward or fee nominated and offered by the Employer to Referring Users for the successful placement and hiring of a Candidate.
  8. JobScouts” means JOB SCOUTS PTY LTD ACN 626 489 487, a company registered in Australia.
  9. JobScouts Wallet” means a Subscriber’s financial account held by JobScouts for the express benefit of that User. The JobScouts Wallet contains any prepaid credits, any refunded credits and a full transaction history.
  10. Personal Information” shall include without limitation all information about an identified individual, or an individual who is reasonably identifiable, whether the information is true or not, and whether the information is recorded in a material form or not. 
  11. Our” means JobScouts. “Us” and “We” have the same meaning.
  12. Platform” means the Service
  13. “Referring User” means an identified individual, a natural person who introduces another person to a job for the purposes of receiving their application, to then be rewarded in some way for the successful placement of that person.
  14. Service” means the online referral recruitment system made available (as may be changed or updated from time to time by JobScouts) via the Website.
  15. Subscriber” means the person (meaning either a natural or legal person) who is licensed under these Terms to use the Service, and, where the context permits, includes any entity on whose behalf that person registers to use the Service.
  16. Subscription Fee” means the monthly fee (excluding any taxes and duties) paid for access to the JobScouts platform, being an amount agreed in writing by You and Us, for Your use of the Platform.
  17. Terms” or “Terms of Use” means these Terms of Use and if relevant any special terms and conditions agreed in writing by You and Us.
  18. Virus” means any thing or device (including any software, code, file or programme) which may: impair, prevent, or adversely affect the operation of any computer hardware, software, or network, any telecommunications network, equipment or service or any other device or service; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.
  19. Website” means the Internet site located at the domains www.JobScouts.co, JobScouts.co and app.JobScouts.co.
  20. You” or “Your” means the Subscriber, and where the context permits, an Invited User. 

REGISTRATION

In order to access some features of the Website, you need to be a registered member.

You must not use another person’s account, password or log in details for any reason, unless permitted by us in writing.

When registering to become a member and activate an account, you must provide personal information such as your name and address, and a valid email address. You agree to provide accurate and complete information and to keep this information current.

You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.

If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you agree to notify us immediately.

YOUR OBLIGATIONS

You agree that as a condition of Your use of the Platform, You will comply with the following obligations:

  1. You must abide by any code of conduct and the rules set out in this clause when accessing or using the Website, including any functions enabling you to post comments, material, or to interact with others.
  2. You agree not to use the Website for any unlawful purpose and not to violate any applicable local, state, national or international law.  You must not and must not permit any other person to use the Website or the functionality and information it provides in any way which is offensive or results or could result in loss or damage to any person.
  3. You agree to use the Website in a way that is not negative or destructive.
  4. You agree not to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
  5. You agree not to submit through the Website or use any information derived from use of the Website where such information is about any person by which they may be personally identified without their prior consent or which compromises their or another person’s privacy or breaches confidentiality.
  6. You agree not to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  7. You agree not to submit content that contains material that is inappropriate, unlawful, threatening, abusive, hateful, profane, defamatory, obscene, pornographic, racially vilifying, deliberately provocative or indecent.
  8. You agree not to submit content that is of nuisance value, inappropriate, off topic or vexatious.
  9. You agree not to violate the property rights of others, and you agree not to post any content that infringes any patent, trade mark, trade secret, copyright or other proprietary rights of any party.
  10. You must not attempt to gain access to any content accessible through the Website that the provider of the content does not intend for you to access.
  11. You agree not to upload files, or cause users to upload files, that contain viruses, worms, “Trojan horses”, corrupted files, or any similar software or programs that may adversely affect the operation of another’s hardware.
  12. You agree not to advertise any goods or applications. “Junk mail”, “spamming”, “chain letters”, “pyramid schemes” and similar activities are strictly prohibited.
  13. You agree not to solicit anyone to buy or sell products or services, or to make donations of any kind.
  14. You must ensure that any person who uses the Website on your behalf complies with this Agreement.
  15. If you are using the Website as an employer, you must ensure that the feedback you provide to your employee is written in a way that is consistent with normal expectations in such a relationship, is relevant to the tasks you have set for your employee and is constructive. Employers who do not comply with these terms may have their access deactivated.
  16. If you are using the Website as an employee, you must expect that not all feedback will be positive. You must not give feedback which is inappropriate, but instead give feedback that is of a constructive nature to your employer or other team members/colleagues. You must only use the Website for services relating to an employment based relationship.
  17. You agree to use the Website only for purposes that are permitted by this Agreement and that are not prevented by any applicable law or regulation.
  18. You agree not to access (or attempt to access) any part of the Website by any means other than through the interface provided by us.
  19. You agree that you will not engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website.
  20. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or the content therein.
  21. You agree not to use, copy, distribute or commercialise content appearing on the Website except as permitted by this Agreement, by law or with our prior written consent.
  22. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
  23. Usage Limitations
    1. Use of the Platform may be subject to limitations, including but not limited to monthly data storage limits.
    2. You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Platform and/or the Documentation and, in the event of any such unauthorised access or use, promptly notify JobScouts.
  24. Reporting inappropriate content
    1. You may report inappropriate feedback or content or other misuse of the Website by others by emailing abuse[@]jobscouts[dot]co. We reserve the right to remove any content and/or deactivate the accounts of those responsible for such inappropriate feedback, content, misuse or other breach of the terms of this Agreement.

JOBSCOUTS OBLIGATIONS

In undertaking the delivery of the Platform covered in this Agreement, JobScouts will commit to the following obligations:

  1. JobScouts will undertake the delivery of the Platform with all reasonable care and skill.
  2. JobScouts will commit to making the Platform available 24 hours per day, 7 days per week, excluding planned maintenance, using all commercially reasonable endeavours possible. 
    1. In the event of planned maintenance, a minimum of 4 hours advanced notice will be provided to You.

PAYMENTS AND FEES

Prices are current at time of display but are subject to change. Pricing information is available on the Website and will be displayed on the job summary page, including in your JobScouts wallet.

Subscription Fees

  1. The Subscription fee will be deducted monthly from your credit card. 
  2. All JobScouts payment receipts will be made available in your JobScouts Wallet and will also be emailed to your certified billing contact.
  3. By providing Credit Card details to JobScouts, you authorise JobScouts to bill the provided Credit Card in accordance with this clause. JobScouts will continue to bill the monthly SubScription fee for this Agreement until Termination is advised in line with the Termination clauses.
  4. In the event that You have prepaid a Subscription fee, no Credit Card is required or deducted until such time as the prepayment period has expired.
  5. If payment has not been received by JobScouts after 7 days of the given due date, we may, without liability to You, disabled Your account, access and password to the Platform. JobScouts will be under no obligation to reinstate access to the Platform until the invoice(s) concerned have been paid. 
  6. JobScouts reserves the right to increase or alter the SubScription fees with 60 days prior notice to You.

Incentive Fees

  1. Incentive Fees of any size, including zero, may be nominated by You for each role that you publish. 
  2. Any Incentive that You nominate for any given role is deducted from your JobScouts Wallet balance or directly from your Credit Card and held in escrow at the time of publishing.
  3. For any given role, the total amount deducted and held in escrow is equal to the sum of the nominated incentive fees for the referral method with the highest incentive fee.
  4. A 15% Handling applies to each Incentive Fee and is deducted at the time of posting the role. The Handling Fee is held in escrow with the Incentive Fee and becomes chargeable in line with the Incentive Fee.
  5. Any unused incentive fee that remains in escrow after the closure of a role, either due to successful placement or early closure, is refunded back to Your JobScouts Wallet for future use. This includes any remaining Handling Fee.
  6. Incentive Fees are released to the Referring User in line with Your preset instructions, outlined at time of launching a role. 
  7. Upon expiration of the probationary period for a role, if no direction otherwise is provided by You, the remaining Incentive Fee is released to the Referring User.

JobScout Packs

  1. Incentive Fees may be purchased in bulk and in advance by You. Pre-purchased Incentive Fees are purchased through JobScouts Packs.
  2. JobScout Packs come in AUD$10,000, AUD$20,000 and AUD$30,000 sizes. Other sizes may be negotiated as required. 
  3. No Handling Fee is deducted from a JobScout Pack at time of purchase.
  4. No additional fees are charged for the purchase of JobScout Packs or for the holding of credits in the JobScouts Wallet.
  5. Unless otherwise defined in the purchase order or invoice, JobScout Packs have no expiry.

LINK TO THIRD PARTY WEBSITES

The Website may include links to other websites, content or resources. These linked websites, content or resources may be operated by third parties and we may have no responsibility or control over them. The existence of these links does not imply that we endorse the linked website, content or resource. You acknowledge that we do not represent that we have reviewed any of these third party websites, content or resources and we are not responsible for the material contained there.

From time to time, we may promote, advertise, or sponsor functions, events, offers, competitions or other activities that may be conducted offline and may be conducted by third parties. You participate in any such activities entirely at your own risk. We do not accept any responsibility in connection with your participation in activities conducted by any third party. These communications and/or activities may be subject to separate terms and conditions and are conducted in accordance with the terms of our Privacy Policy. For example, the personal information you provide when registering on the Website may be used, or disclosed, for the purpose of sending you marketing or promotional material about a third party business that we believe may be of interest to you. You will be given an opportunity to unsubscribe to any of these communications in accordance with applicable legislation.

INTELLECTUAL PROPERTY

  1. General

    “JobScouts”, including any logo version of that trade mark, is our trademark or used exclusively under licence and may not be used by you without our prior written consent.

    We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trade marks, logos, domain names or other distinctive brand features.

    Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.

    You may not modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.

    If you provide us with any material or content (which may include text, data, files, images, photographs and audiovisual material) (“User Content”) for inclusion on the

    Website or for inclusion in or reproduction on any product, you grant us a royalty-free licence to use and reproduce that content on the Website or product as the case may be. We shall not be obliged to use, display or retain any User Content so supplied on the Website. You warrant that all such User Content will not infringe any third party’s intellectual property or other rights.
  2. Ownership of Data

    Title to, and all Intellectual Property Rights in, the Data remain Your property and You shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the Data. However, Your access to the Data is contingent on full payment of the JobScouts Subscription Fee when it falls due. You grant JobScouts a licence to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Platform and for any other purpose related to the provision of the Platform to You.

LIMITATION OF LIABILITY

  1. To the extent permissible at law, JobScouts makes no warranties nor accepts any liability regarding the performance or non-performance of the Platform. 
  2. JobScouts will not be liable in any way for any contingent, consequential, direct, indirect, special or punitive damage arising from the use of the Platform or otherwise and You acknowledge this limit of liability and agree to limit any claim accordingly.
  3. No other term, condition, agreement, warranty, representation or understanding whether express or implied in any way extending to or otherwise relating to or binding upon JobScouts is made or given except where done so in writing and signed by an authorised officer of JobScouts.  
  4. In no event shall JobScouts, its employees, agents and sub-contractors be liable to You to the extent that the alleged infringement is based on:
    1. a modification of the Service by anyone other than JobScouts; or
    2. Your use of the Service in a manner contrary to the instructions given to You by JobScouts; or
    3. Your use of the Service after notice of the alleged or actual infringement from JobScouts or any appropriate authority.

LEGAL CAPACITY

By creating an account you accept these terms and conditions and acknowledge that you are entering into a legal contract with us and if you are a company, you are authorised to bind the company to the terms of this Agreement.

TERMINATION

We reserve the right to change (including to alter, remove or add functionality) the Website at any time.  We do not guarantee that you will be able to access the Website in the same way or with the same equipment or software you used prior to the change.  We may stop (temporarily or permanently) providing access to the Website to you or to visitors or members generally, at our reasonable discretion and without prior notice to you.  We may terminate your account or restrict your access to the Website without prior notice to you if we reasonably consider that there has been a breach of this Agreement or any other of our terms and conditions by you.

  1. Prepaid Subscriptions
    On termination of Your use of the Platform, JobScouts will not provide any refund for any remaining prepaid period for a prepaid Subscription Fee.
  2. No-fault termination
    These Terms of Use will continue for the period covered by the Subscription Fee paid or payable.

    At the end of each billing period these Terms of Use will automatically continue for another period of the same duration as that period, provided You continue to pay the prescribed Subscription Fee when due, unless either party terminates these Terms of Use by giving notice to the other party at least 2 business days before the monthly renewal date and the end of the relevant payment period.

    If You terminate these Terms of Use You shall be liable to pay all relevant Subscription Fees on a pro-rata basis for each day of the then current period up to and including the day of termination of these Terms of Use.
  3. Breach
    If You:
  1. breach any of these Terms of Use (including, without limitation, by non-payment of any Subscription Fees) and do not remedy the breach within 14 days after receiving notice of the breach, if the breach is capable of being remedied;
  2. breach any of these Terms of Use and the breach is not capable of being remedied (which includes, without limitation, any payment of Subscription Fees that are more than 30 days overdue); or
  3. You or Your business become insolvent or Your business goes into liquidation or has a receiver or manager appointed over any of its assets or if You become insolvent, or make any arrangement with Your creditors, or become subject to any similar insolvency event in any jurisdiction,

the following actions may be undertaken by JobScouts, in its absolute discretion:

  1. Terminate this Agreement with immediate effect and Your use of the Service and the Website;
  2. Permanently or temporarily, as determined by JobScouts, suspend Your use of the Service and the Website;
  3. Suspend or terminate access to all or any Data;
  4. Take any of the actions in sub-clauses (a), (b) and (c) of this Termination clause in respect of any or all of Your Invited Users.
  1. Expiry or termination
    You acknowledge and agree that the following provisions will survive termination or expiry of these Terms of Use: Your Obligations (Payment Obligations and Indemnity), Confidentiality and Privacy, Intellectual Property, Warranties and Acknowledgments, Limitation of Liability.

    On termination of this Agreement for any reason all licences granted under this Agreement shall immediately terminate and You shall immediately cease all use of the Service and any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination shall not be affected or prejudiced.

DISCLAIMER

We do not warrant that the Website will be provided without fault or disruption.  To the extent permitted at law and except as expressed to the contrary in this Agreement, we exclude all liability to you or anyone else for loss or damage of any kind, including consequential loss and damage (however caused or arising) relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:

  1. errors, mistakes or inaccuracies on the Website;
  2. you acting, or failing to act, on any information contained on or referred to on the Website and/or any linked website;
  3. personal injury or property damage of any nature resulting from your access to, and use of, the Website and any purchases made from the Website;
  4. any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
  5. any interruption or cessation of transmission to or from our Website;
  6. any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or
  7. failures or deficiencies in relation to the merchantability or fitness for any purpose of any product appearing on any linked sites not operated by us or our related entities.

Except if and to the extent only required by law or as otherwise set out in this Agreement, we do not warrant, endorse, guarantee or assume responsibility for any product advertised or offered by a third party at the Website or any linked website or featured in any banner or other advertising.  We will not be a party to or in any way responsible for monitoring any transaction between you and third party providers of products.

We do not take responsibility for direct or indirect damages, or consequential losses suffered by use of fraudulent or unauthorised web addresses.

Where any law implies a warranty into this Agreement which may not be lawfully excluded then to the extent allowed by law, our liability for breach of the warranty will be limited to the minimum remedy provided for in that law.

The only authorised access points are https://jobscouts.co/ and https://app.jobscouts.co and https://www.jobscouts.co with no characters before or after that URL.

TRANSFER AND ASSIGNMENT

In the event that we merge, sell or otherwise change control of our business or this Website to a third-party, we reserve the right, without giving notice or seeking any additional consent from you, to transfer novate or assign the personal information, content and rights that we have collected from you and any Agreements we have made with you.

FORCE MAJEURE

We shall not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.

LAW

This Agreement will be governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia.

If any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of this Agreement so that this Agreement shall remain in full force and effect.

This Website is administered and operated from Australia.  Any offer for any features or products made on this Website are void where prohibited.

If you access this Website from outside of Australia, you are solely responsible for complying with applicable local laws.

WAIVER

If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.