Terms And Conditions

These Terms of Use (“Terms“) govern your use of our website located at www.recruitmentadvisor.com (“Site“) and form a binding contractual agreement between you, the user of the Site and us, Recruitment Adviser Pty Ltd ACN 145 321 188.

For that reason these Terms and our Privacy Policy as set out in Schedule 2 to these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us on Tel: 1300 765 000.

By clicking on the “I accept the terms and conditions of this Website” button you accept:

  1. these Terms and agree to be legally bound by them; and
  2. our Privacy Policy as set out in Schedule 2 to these Terms.

By using the Site you acknowledge and agree that you have had sufficient chance to read and understand these Terms (including the Privacy Policy) and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site and DO NOT PROCEED FURTHER. If you wish to proceed on this basis please click the “I accept the terms and conditions of this Website” button.

  1. Licence to use Site

    1. We grant you a non-exclusive, world-wide, non-transferable licence to use the Site in accordance with the terms and conditions set out in this Agreement for the duration of the period measured from the time of your acceptance as described above until the effective time of termination as referred to in Clause 5 (“Term”).
    2. You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use.
    3. You may post or add content onto the site from time to time as we permit. In these Terms the expression “post or add” (and derivative expressions) includes redirecting content from your own website to the Site. However you must not post or add any content to the Site:
      1. unless you hold all necessary rights, licences and consents to do so;
      2. that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
      3. that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
      4. that would bring us, or the Site, into disrepute;
      5. that infringes any part of our Privacy Policy (including The National Privacy Principles); or
      6. that infringes the intellectual property, or privacy rights, or other rights of any person.
    4. The Site may contain links to other websites as well as content added by people other than us. We do not endorse, sponsor, approve or take any responsibility whatsoever for any such user generated material or any content available on any linked website.
    5. You acknowledge and agree that:
      1. we retain complete editorial control over the Site, and although you are solely responsible for content provided by you, we reserve the right to edit or remove your content if we (in our total discretion) consider that it contravenes relevant laws, is inappropriate or otherwise contravenes these Terms; and
      2. the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
  2. Intellectual Property Rights

    1. Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.
    2. By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and you permit us to authorise any other person to do the same thing.
    3. You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you post or add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
    4. The licences and consents set out in clauses 2(b) and 2(c)will survive any termination of these Terms.
    5. You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 2(b) and 2(c).
  3. Your use of the Site

    1. You represent and warrant to us that your sole purpose in having access to and using the Site is to enable you to use the content that you post or add onto the Site by reviewing reports that we are able to make available to you via our proprietary software that is necessary for the Site to be used in this manner (“Software”).
    2. Accordingly you acknowledge, undertake and agree that:
      1. The only content that you will have the right to access will be the content that you post or add from time to time;
      2. We will not post or add any content that will modify, add to, enhance or in any other way affect the content that you post or add;
      3. To enable you to receive and review such reports you must enter into the prescribed form of Software Licence Agreement that we make available from time to time in connection with the Site and the Software (“Software Agreement”);
      4. The Software Agreement will expire or terminate immediately and automatically at the same time as your licence under these Terms terminates;
      5. As a condition to you having the right to access the Site, post or add any content and view any reports you must pay to us beforehand the Fee set out in Schedule 1 to these Terms at the times and in the manner set out in that Schedule;
      6. You will not use any means of automatically searching or mining data from the Site or in any way interfere or attempt to interfere with the proper working of the Site or transactions with businesses advertising through the Site.
  4. Warranties

    1. You represent and warrant to us that:
      1. You have the legal capacity to enter these Terms; and
      2. You have complied with clause 1(c) to date and will continue to do so throughout the Term.
  5. Suspension or Termination

    1. We may suspend or terminate your access to the Site and your account with us at any time without prior warning if you contravene these Terms (including failure to pay fees when due), without limiting any other remedies to which we may be entitled. Furthermore, if we consider you have committed any fraudulent or other illegal activity, we may report you to relevant law enforcement authorities.
    2. We also reserve the right to alter, amend or cease the operation of the Site at any time in our sole discretion.
    3. These Terms terminate automatically if, for any reason, we cease to operate the Site.
    4. These Terms terminate automatically if, for any reason, the Software Agreement expires or terminates.
    5. We may terminate these Terms at any time by written notice to you effective forthwith if we form the reasonable opinion that the continued provision of your licence is commercially or financially not warranted or viable.
    6. We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.
    7. You may close your account at any time, provided you have paid all amounts owed to us.
    8. Under no circumstances will we be liable for any loss of profit or business opportunity that may result from the suspension or termination of your account – see Clause 6 below.
    9. Clause 6 of these Terms will also continue to apply once your account has been closed or if these Terms have been terminated.
    10. Even if it has been closed you will remain liable for obligations related to your account up to the date of closure or, if these Terms have been terminated for another reason, the date of termination.
  6. Disclaimers and Limitation of Liability

    1. Because all of the personal information that we will collect from you and that you will access and that is the subject of reports to you comes from you, we do not know if personal information that we hold from time to time regarding any particular person or entity will be accurate, complete and up-to-date.
    2. If you do not provide us with certain types of personal information, you may be unable to enjoy the full functionality of the website.
    3. Accordingly you release us (including our officers, employees, agents and contractors) from all claims, demands and damages of any nature arising out of or in any way connected with the nature, quantity and quality of the personal information that you post or add.
    4. As we are not involved in transactions between you and your own clients and customers who might be affected by your posting or adding of content, you release us (including our officers, employees, agents and contractors) from all claims, demands and damages of any nature arising out of or in any way connected with a dispute you may have with your customers.
    5. We make no guarantee or representation, either express or implied, as to the accuracy or completeness of any other information on the Site. The information is provided “as is” and we do not represent that it is complete, current or free from errors or omission. You use the Site at your own risk.
    6. To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
    7. To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
    8. These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
      1. in the case of goods; documentation and other writings supplied in hard or electronic form (all, “goods”):
        1. the replacement of the goods or the supply of equivalent goods;
        2. the repair of the goods;
        3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
        4. the payment of having the goods repaired,

        as applicable; and

      2. in the case of services:
        1. the supply of the services again; or
        2. the payment of the cost of having the services supplied again.
  7. Indemnity

    1. You do hereby (and you will at all future times continue to) indemnify us against all claims, demands, damages, losses, costs and expenses (including reasonable legal fees) of any nature arising out of or in any way connected with:
      1. A breach of these Terms by you; and/or
      2. Your violation of any law or rights of a third party; and/or
      3. A dispute you may have with any of your customers or clients.
  8. General

    1. You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.
    2. If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
    3. Our relationship is one of independent contractors and nothing in these Terms will imply a relationship of partnership, joint venture or principal and agent.
    4. Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
    5. If any provision in these Terms of Use is found or held to be invalid or unenforceable or capable of termination by a party in any jurisdiction in which this agreement is performed, then the meaning of that provision will be construed, to the extent feasible, to render the provision enforceable. If no feasible interpretation would save such provision, it is to be severed from the remainder of these Terms of Use which are to remain in full force and effect.
    6. We will send any legal notices or communications regarding your account to your nominated email address. Please ensure that a valid email address is recorded at all times. Your primary point of contact with us should be via the “Contact Us” facility. Any formal notices or communications must be sent to our postal address set out at the beginning of these Terms. Notices sent by email or facsimile will be deemed to have been received 24 hours after it was sent, regardless of whether you have actually read the notice or not. Notices sent by mail will be deemed to have been received 3 days after the date of mailing.
    7. These Terms are governed by the laws of New South Wales, Australia and each party submits to the jurisdiction of the courts of New South Wales, Australia.