- Varying the terms
- Restricted use
You must not:
- copy or distribute any content available on the Site, without our prior written approval;
- alter or modify any part of the Site;
- use the Site in a way that we reasonably determine abuses the Site including but not limited to using any of the Site's infrastructure (including the Communications Facilities) to 'spam' Members or engage in other such unsolicited mass e-mail or electronic communication techniques;
- use the Site to contact Members on a general basis (i.e. for any other reason other than in respect of a specific employment opportunity);
- allow anyone other than you to access your Recruiter account; or
- use the Site for any other purpose other than the Permitted Purpose (including but not limited to any unlawful purpose).
- Registration as a Recruiter
- In order to access and use the Recruiter features and facilities on the Site, you must register as a Recruiter and create a Recruiter account by completing your registration details as required.
- You must ensure that your registration details are true and accurate at all times and must notify us of any change to your registration details as originally supplied. You must be aged 18 years or over.
- You must nominate a user name and password for your Recruiter account. You must keep your user name and password confidential and secure. You are responsible for all activity under your Recruiter account. You must notify us of any unauthorised use of your Recruiter account or any other breach of security.
- An individual may only have one Recruiter account at any one time. You must not register multiple or fictitious identities.
- Recruiter Services
There are two services that Recruiters can utilise (collectively the Services).
- the ability to, amongst other things, search, view, shortlist, manage, set up email alerts, contact Members and download Members resumes (Resume Database Service); and
- the ability to, amongst other things, post job advertisements on the Site, and receive job applications from interested persons (Job Board Service).
- In accordance with the details on the Site, some components of each service are free, while others require a fee to be paid.
- In relation to the Resume Database Service, the Member details we provide you will be those details we have obtained from the Member. While we will use our best efforts to keep the details up to date, we cannot warrant that the details will be up to date or correct, and do not accept any liability if you are not able to get in contact with a Member.
- There are two services that Recruiters can utilise (collectively the Services). They are:
- Fees - users accessing Site under terms of LinkMe Customer Agreement
- Fees - Resume Database Service
- A fee is only required to be paid when you are ready to contact a Member or download their resume. The fee to contact a Member or download their resume is as per the pricing details on the Site. The fee may be amended by us at any time.
- Contacting a Member involves unlocking their record to reveal personal details and their phone number. Unlocking also allows you to contact the Member directly by email.
- Once you pay us the relevant fee, you can contact that Member again as often as you like, within a 12 month period.
- Fees - Job Board Service
- Credits for job applications received are required to be purchased in advance in accordance with the pricing details on the Site. The fee may be amended by us at any time.
- Fees - Third party products (as applicable)
- You will pay us any fee (as agreed or as detailed on the Site) in consideration of the provision of the third party products.
- Fees - General terms
- Any marketing material or price list published by us on the Site is not an offer from us, but merely an invitation to you to order the Services from us. Each order must be accepted by us before it becomes binding. We are not required to accept any order from you.
- Unless otherwise expressly stated, all prices are in Australian dollars and are exclusive of GST.
- Payment must be made by a MasterCard, Visa or American Express. All credit card/debit card holders are subject to validation checks and authorisation by the card issuer.
- We reserve the right to refuse credit/debit card payments in our reasonable discretion.
- We will process your payment on a secure site.
- Payments must be made in advance and are non-refundable.
- We will provide the Services and third party products (if applicable) with due care and skill, but we do not guarantee that they will be continuous or fault free.
- Confidentiality and Privacy
Each party must treat as Confidential Information all information provided by the other and must not disclose the other party's Confidential Information to any person except:
- its employees, contractors, professional advisors and auditors on a "need to know" basis provided those persons first agree to observe the confidentiality of the information;
- with the other party's written consent;
- if required by law or any stock exchange on which its securities are listed; or
- if it is in the public domain.
For the purposes of this clause 14, Confidential Information means all confidential information, non public or proprietary information regardless of how the information is stored or delivered, exchanged between the parties before, on or after the date the date you register as a Recruiter relating to the business, relating to the business technology, customers or other affairs of the disclosing party, and includes any information in relation to Members.
It excludes information which:
- the recipient can prove by all contemporaneous written documentation it was already known to it at the time of disclosure by the disclosing party, unless such knowledge arose from disclosure of information in breach of an obligation of confidentiality; or
- the recipient acquires from a source other than the disclosing party or any related entity or representative of the disclosing party where such a source is entitled to disclose it.
- Each party must treat as Confidential Information all information provided by the other and must not disclose the other party's Confidential Information to any person except:
- Communication facilities
- As a Recruiter, you are able to utilise the Site's communication facilities which allow you to communicate with Members electronically and directly (Communication Facilities).
- Responsibility for Material posted, emailed, transmitted, or otherwise made available on the Site rests solely with the Recruiter on whose Recruiter account it is made available. Where Material contains opinions or judgements of third parties, we do not purport to endorse those opinions or judgements, nor the accuracy or reliability of them.
We make no representation nor give any guarantee about:
- the identity of any other user with whom you may interact in the course of using the Communication Facilities;
- the authenticity of any data which any other user may submit for publication on the Site; or
- the suitability or accuracy of matching of any Member for a particular purpose.
- Intellectual Property Rights
- You retain ownership in the Material that you post, email, transmit, or otherwise make available on the Site. However, by making available the Material on the Site, you grant to us a non-exclusive, royalty-free, unrestricted, perpetual right to use (including but not limited to the right to edit and reproduce) or otherwise exploit the Material in all media throughout the world.
- The rights granted in clause 16.1 include the right to exploit all proprietary rights in the Material including but not limited to rights under copyright, trade mark, service mark or patent laws under any jurisdiction worldwide.
- You represent and warrant that you have the right to grant the licence set forth in clause 16.1 and that posting your content on or through the Site does not violate any privacy laws or any other rights of any other person.
- We may reformat, excerpt, or translate any Material or other content submitted by you. All the information that you submit for publication or that you email to others using the Site is your sole responsibility. We are not liable for any errors or omissions in any information which we hold on your behalf or on behalf of other users or which passes through the Site during the course of user interaction.
- Prohibited conduct
- mislead or deceive others through any act or omission or make a false representation about your identity, including the impersonation of a real or fictitious person or using an alternative identity or pseudonym;
- engage in any fraudulent conduct;
- contact Members by any other means other than through the Resume Database Service and without first paying us the relevant fee;
- publish advertising material of any kind or market any goods or services directly to other users or Members by any other means other than through the Job Board Service and without first paying us the relevant fee;
- stalk or harass anyone;
- use the details of other users for anything other than the use expressly permitted by those users or Members;
- pass on your user name and/or password information to anyone else;
- allow your Recruiter account to be accessed by anyone other than you, or, in the case of a Recruiter that is an entity, anyone other than the Authorised Person; or
- download (in isolation or in bulk), access, use, scrape or harvest the personal or professional details of Members (including but not limited to a Member's employment history, education history, personal contact details and resume) except as specifically permitted by us in accordance with the directions on the Site or by us in writing.
- Monitoring and enforcement
- We are not able to control and actively monitor content at all times. Despite our best efforts, you may be exposed to objectionable content and we urge Recruiters to contact our customer service department here in order to report objectionable content.
- If we suspect that you are responsible for submitting objectionable content for publication on the Site, your access to the Site and your Recruiter account may be suspended. However, we are not obliged to take any action against those responsible for objectionable content.
- If we suspend your access to your Recruiter account we are not liable for any loss or damage suffered by you or any other party.
We may immediately suspend your Recruiter account and your access to your Recruiter account if:
- there are any faults, service outages or other technical problems that inhibit our ability to grant you access to your Recruiter account;
- a request to suspend your access is received from a law enforcement agency or government body; or
- if you do not access your Recruiter account for a period of 365 consecutive days.
- If we suspend your Recruiter account, we will not reimburse you with any fees paid in advance prior to the date of suspension.
- We may immediately suspend your Recruiter account and your access to your Recruiter account if:
We may terminate our agreement with you immediately by written notice to you, and recover any loss or damage suffered, if you:
- become insolvent;
- are in breach of clause 5 (Restricted Use) or 17 (Prohibited Conduct); or
- is not capable of being cured; or
- is capable of being cured and you fail to cure the breach within 14 days of being notified of the breach by us in writing.
- To the extent that we have not already suspended your Recruiter account under clause 19, if our agreement with you is terminated, then from the date of termination you will not be able to access your Recruiter account and you will not be reimbursed with any fees paid in advance prior to the termination date.
- We may terminate our agreement with you immediately by written notice to you, and recover any loss or damage suffered, if you:
- Where anything requires our consent or approval, that consent or approval may be given conditionally or withheld by us as we decide.