TERMS OF USE FOR BUSINESSES

These terms and conditions (‘Terms’) apply to the use of this Website. In using this Website and our services, you agree to be bound by these terms and conditions as well as any and all general terms and conditions posted on this site. If you do not accept these terms and conditions, you must refrain from using the Website.

These Terms may be amended at any time.  Notification of the amended terms may be sent to you by email or as a general notice posted to each users account.  The amended Terms will then take effect from the next time you log into the Website or use the Website.  If you do not agree with the amendments, then you must stop using your account and the Website.

DEFINITIONS

“We”, “we” means the directors, employees, contractors and affiliates of Virtus Careers Pty Ltd, Trading as Talent4You.

“Business”, “business” or “businesses” means any and all businesses that register with Talent4you.com.au Website and all subsidiaries, affiliates and associates

“Candidate” means any individual searching the Website as a potential candidate for employment or applying for a position as a result of accessing any Position Vacancy

“Deliverable s” mean the video material, photographic material, articles or profiles in the form of text and photographic material described in relation to Media Services

“Position Vacancy” includes any job, role or experience posted on the talent4you.com.au Website by a business

“Services” means:

  1. Media services
  • Promoting the business with video and photographic material created by us on the Website and on other professional and social media platforms; and/or
  • Promoting the business with articles or profiles in the form of text and photographic material that are published on our Website and on other professional and social media platforms; and
  1. Recruitment Support involving full recruitment process support provided on an individual client request basis
  • Pre-screened applicant submissions (i.e. providing a short list of applicants for current employment vacancies); or
  • Pre-screened service and support, including, writing Position Vacancy statements for the business, posting and management of advertising of the Position Vacancy, pre-screened search and selection of candidates including shortlisted candidate submissions; and
  1. The general introduction services to help match candidates to Position Vacancies where candidates respond to the Position Vacancies posted on our Website (“the candidate introduction services”).

“You”, “you” means you, as business owner and your business

“Website” means www.talent4you.com.au

ROLE OF TALENT4YOU.COM.AU

We provide the Website and services to enable businesses and candidates to find and contact one another.

We make no representations as to the accuracy of the information provided by the candidates or verify any candidate content. Employers and businesses must independently verify and make their own assessment of the suitability of any candidate for any particular role or verify the experience of any candidate.

The use of our Website is intended only for lawful and ethical purposes by businesses seeking to fill any Position Vacancy and for individuals seeking employment or to work as an independent contractor. You may not use it (or encourage or assist others to use it) for any purpose that is prohibited by our Terms or by any applicable law. You agree to be responsible to ensure your and any of your employee use and of our Website complies with these Terms.

OUR SERVICES

Once you choose the Product and pay the fees for the Product you have selected, you will be able to access our Services. You agree to ensure that any and all information you provide to us is, at all times, accurate and up-to-date.

We can suspend or terminate your use of our website and Services at any time at our sole discretion for any reason or if you breach any terms and conditions of this site.

By posting any content on the Website, you represent that you have the right to and title to this information and content, you own it and have the right to present and publish it. You represent that is true, correct and accurately reflects the advertised Position Vacancy. You also warrant that you are not breaching any regulations, restrictions or third party rights.

If we have reasonable grounds to suspect the information you provide in your profile or on our site is untrue, inaccurate or incomplete, or that you have breached any terms and conditions or legislation on our Website, or for any other reason including if, in our opinion, you have breached the purpose of our Website, at our sole discretion we have the right to immediately withdraw the advertisement and Position Vacancy and terminate your account. We may also deny the use our Website to you in the future and are not obligated to return any subscription or registration monies or fees for Services.

MEDIA SERVICES

Media Services are intended to promote businesses to candidates as places to work by profiling the businesses with:

  • video and photographic material on the Websites and on other professional and social media platforms;
  • text and photographic material in the form of articles or profiles that will be published on our Website and on other professional and social media platforms.

CHARGES FOR MEDIA SERVICES/ HIRING SUPPORT:

Media services and hiring support is provided on an individual basis with full payment invoiced on signature of contract to produce Media services and/or Hiring Support.

Product 1 at the rate set out in the [link to charges for Product 1].

PROCESS TO CREATE MEDIA

Stage 1 Pre Production – planning meetings as to content of photographic material and approval and sign-off of content by business;

Stage 2 Production – photography of office layout and people;

Stage 3 Post Production – Edit and production of material; approval and the sign-off of the content by the business;

Stage 4 Content Live – to be used by Talent4you for up to 12 months from the date the material is used for employer promotion.

RECRUITMENT SUPPORT & MEDIA SERVICES

Is intended to provide businesses with the full recruitment process support provided on an individual client request basis with the following Services provided:

  • Pre-screened candidate submissions (i.e. providing a short list of candidates for current employment vacancies); including, writing Position Vacancy statements for the business, posting and management of advertising of the Position Vacancy on the Website and on other websites and professional and social media platforms, pre-screened search and selection of candidates including shortlisted candidate submissions.

The pre-screening of candidates will include

  • Phone or interview in person with candidate;
  • Check and confirm any industry referrals
  • Conduct internet investigation

The use of candidates for marketing purposes:

  • Candidates who have applied to a specific vacancy are not marketed too for other career opportunities on Talent4you.com.au website. This will apply only for the duration of the initial job application.

CHARGES FOR MEDIA AND HIRING SUPPORT 

Media and Hiring Support is provided at the rate set out in the [link to charges for Product 1].

In the event we do not or are unable to provide a suitable candidate for your Position Vacancy within a pre-specified period of time, there will be no additional charges to your business.

Advertising costs are payable by the customer in advance of commencing our services. In the event we do not or are unable to provide a suitable candidate for your Position Vacancy within a pre-specified period of time, there will be no refund in relation to these Advertising costs.

PAYMENT

The total amount calculated at the rate set out in the [link to charges for candidate introduction services] are payable within 7 days of the receipt of our invoice.

SUPPLY AND COPYRIGHT OF DELIVERABLE 

  • In the supply of the Media and Hiring support services to you, we agree:

–           to provide the services in a timely and efficient manner using a standard of care, skill and diligence that would reasonably be expected from an experienced provider of services that are similar to the services required; and

–           keep you informed of all matters of which you ought reasonably be made aware.

(b)     Copyright in the Deliverable’s is transferred to you upon payment to us of the amount calculated in the price schedule and invoiced by us in relation to the Media services. You grant us an irrevocable, permanent and royalty free licence for the period of time set out in paragraph (c) to: (i) to reproduce the Deliverable’s in any material form, (ii) to publish the Deliverable’s, (iii) to communicate the Deliverable’s to the public, (iv) to make any adaptations of the Deliverable’s, and (v) to do, in relation to an adaptation of the Deliverable’s, any of the acts specified in paragraph (b) (i) to (iv), inclusive; in relation to the media described in paragraph (d).

(c)     The irrevocable, permanent and royalty free licence from you in relation to the Deliverable’s is:

–           an exclusive licence during twelve (12) months from the first date the material is posted to our Website;

–           an exclusive licence during any extensions to the initial 12 month period during which you agree with us to continue to provide the Product 1 business profiling services on the Website; and

–           a non-exclusive licence thereafter.

(d)     During the term of the exclusive and non-exclusive licence we may do any of the acts specified in paragraph (b) (i) to (v) for the purpose of reproducing, publishing and communicating the Deliverable’s to the public using the internet and we may grant sub-licences to the operators of any other websites and professional and social media platforms do any of the acts specified in paragraph (b) (i) to (v) inclusive.

TERMS OF USE OF TALENT4YOU.COM.AU

To be eligible to subscribe to this Website, you agree to the following:

You must comply with the Australian Competition and Consumer Commission (ACCC) guide ‘Misleading job and business opportunity adverts: how to handle them’. This publication can be accessed at http://www.accc.gov.au/publications/misleading-job-and-business-opportunity-adverts-how-to-handle-them

You warrant:

  • that the information you post or advertise on the Website is genuine, true and accurate and that the position, Position Vacancy, role you are advertising is a true, legitimate, and current role available for the candidates that may apply
  • that you will only contact or respond to candidates for work experience and opportunities that actually exist and you must not contact a candidate for any other purpose.
  • that you will clearly indicate and describe the defined job description for any work experience or Position Vacancy at your business, and
  • that all content you post on our Website is accurate, reliable, up to date, lawful, not misleading nor in breach of any terms of this Website.
  • that any Position Vacancy that you upload to the Website does not contravene applicable anti-discrimination legislation as amended from time to time (the “Anti-Discrimination Laws”), including, but not limited to the following:
  • Age Discrimination Act 2004 (Cth)
  • Disability Discrimination Act 1992 (Cth)
  • Racial Discrimination Act 1975 (Cth)
  • Sex Discrimination Act 1984 (Cth)
  • Anti-Discrimination Act 1977 (NSW)
  • Anti-Discrimination Act 1996 (NT)
  • Anti-Discrimination Act 1998 (TAS)
  • Equal Opportunity Act 1984 (SA)
  • Equal Opportunity Act 1995 (VIC)
  • Equal Opportunity Act 1984 (WA)
  • Discrimination Act 1991 (ACT)

You agree:

  • We do not represent nor do we make any representations regarding any of the candidates who may post their information, work experience or apply for the Position Vacancies. We do not warrant nor make any representations as to the suitability, capability, experience, integrity, availability, health or anything related to any candidate with the exception of the checks on candidates in relation to the CPM Services for Product 2. We do not do any background, police, license, medical nor any checks of any kind on any of the candidates apart from the services noted in the CPM Services of Product 2;
  • In relation to the candidate introduction services, we are a facilitator only for the purposes of permitting businesses to post a Position Vacancy on the Website to attract the attention of candidates who will apply directly to the business;
  • That you cannot hold us responsible or liable in any circumstances for any candidates behavior, actions or inaction’s of any kind at any time;
  • You can change, alter or remove content as you require provided you comply with these Terms;

–     We do not guarantee that any Position Vacancy you post on our Website will be filled or responded to by candidates, and

  • It is your responsibility to provide a safe working environment for the candidate(s) and that you comply with the relevant workplace health and safety legislation and will have the relevant and required insurances in place to protect their well being, including workers compensation insurance.

You agree that you must evaluate, and bear all risks associated with, your use of any information posted, emailed or otherwise made available through or facilitated by the Website.

You agree not to:

  • access, monitor or copy any information on the Website using any robot, spider, scraper or other automated means or any manual process for any purpose; and
  • copy, reproduce, distribute, transmit, display, publish, create derivative works from, transfer, or sell or re-sell any data or information obtained from or through the Website.

If you violate any of these Terms, we may immediately terminate your access to our Website.

LIABILITY

You agree that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from:

  • your use of the Services, the use of our Website or inability to use the Website, or any information contained on the Website or linked to it;
  • the reproduction, publication and communication of the Deliverable’s, or any adaptation of the Deliverable’s, to the public using the Website and any other professional and social media platforms; and
  • any act or omission of any candidate you engaged under any contract of service or contract for services.

For the sake of clarity as to the extent of this limitation of liability, in no event will we be liable for any consequential, indirect, incidental or special damages of any kind, including any damages for loss of revenue or profits, loss of opportunity, loss of the use of money, loss of anticipated savings, loss of business, loss of goodwill, loss of or damage to reputation, interruption of business, loss or corruption of data,  loss of management or administration time, or your incurring legal and other professional fees and expenses, even if the possibility of such damages or loss was made known to us.

You assume all risk in using the Services and we cannot be liable for your use of or reliance on this Service. While we endeavour to keep the Website up-to-date and correct, we make no representation or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Services for any particular purpose and whether our Website will be free of worms, viruses, Trojan horses or any other computer code that may adversely affect any communication. Any use of our Website and reliance you place on information on our Website is therefore strictly at your own risk.

ACL: Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).

Our liability is governed solely by the ACL and these Terms.  We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.

Except for your Statutory Rights, all goods and services are provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of that the Services will be provided with due care and skill and fitness for a particular purpose.

When your Statutory Rights apply, to the extent possible, our liability in respect of any claim is limited to, at our option:

  • The supply of any services again; or
  • The payment of the cost of having any services supplied again.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

INDEMNITY

You agree to defend, indemnify and hold us and our officers, directors, employees, contractors, members, agents and licensees harmless from and against any and all claims, charges, actions, liabilities, investigations, demands and similar including but not limited to any costs, losses, damages whether direct, indirect, consequential or special and all legal fees resulting from (i) your breach of our Terms, (ii) content you may provide to our Website, (iii) any activity you may engage in through our Website or any use of our Website, (iv) unauthorised use of our Website by you or anyone obtaining your login information, (v) any claim by any candidate in relation to, or arising out of, any Position Vacancy or your communication with or interaction with any candidate, and (vi) any claim by any candidate engaged under any contract of service or contract for services in relation to your acts or omissions to act that may be claimed to be breaches of such contracts.

PRIVACY

We, at all times, abide by the Australian Privacy legislation. Please refer to our full Privacy Policy on our website for details of how we collect, store and use your personal information.

Once you have contacted the candidates and provided any details directly to them, we are not responsible for privacy issues which can arise as the result of any act or omission by the candidates including but not limited to sale or distribution of your email address or other details by any candidate or third party.

However we will maintain the security of the details provided to our website directly and will keep privacy of all Businesses, candidates, users and visitors maintained in accordance with the Privacy Policy posted on the Website.

You must not sell, distribute, or otherwise make public any candidate information which may be sent to you and you agree to keep all correspondence and candidate details private and confidential unless otherwise agreed with the candidate.

INTELLECTUAL PROPERTY

All custom graphics, icons, logos and service names are our registered trademarks, copyright, trade or service marks.

All other trademarks or service marks within this Website are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name or anything you access through our Services.

You agree and acknowledge that we retain all right, title and interest in the Services, including but not limited to the inventions and intellectual property rights contained or embodied within the Services.

You are solely responsible for obtaining written permission before re-using any copyrighted material that is available on this Website. Any unauthorized use of the materials appearing on this Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

GOVERNING LAW

These Terms are governed by the laws of New South Wales which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of New South Wales for determining any dispute concerning these Terms.