Terms and Conditions – Employer
These Registration Terms (these Terms) set out the terms that govern your use of the services offered via the Workible website, which may be accessed via www.workible.com.au (the Website) or via our software application (the App). This document is a legally binding agreement between Hire Me Up Pty Ltd A.C.N.153 318 499 trading as Workible (we, us, our, or Workible) and you (the Employer).
Workible provides the Employer with a platform to post job vacancies (Listings) and to access candidates for employment (Candidates) via the Website or the App (the Service).
Your decision to create an account via the Website or the App (the Account) means you acknowledge that you have read, understood and agree to be bound by the terms contained in this document. Your access to the services offered by Workible is conditional upon your acceptance and ongoing compliance with these terms.
We reserve the right to amend, revise or modify these Terms at any time and without notice to you.
Your use of the Services
In order to use the Services, you must register as a member via the registration process on the Website or the App.
By registering as a member, you agree that you are aged 18 years or over.
Membership occurs when the Employer creates an Account via the Website or the App. When creating the account, you warrant that:
- you are at least 18 years of age;
- you will provide accurate, current and complete information;
- you are solely responsible for maintaining the confidentiality of your Account log-in information, such as username, password, and any other identifying information, and are solely responsible for all activities that occur under your Account;
- you will not use another person’s account without permission from the owner of that Account; and
- you will immediately notify Workible of any unauthorised use of your Account or any other breach of security. Workible will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.
After your Account is created, you may change information relating to the Account and undertake to update details relating to your Account with true and accurate information at all times.
Membership entitles the Employer to a non-exclusive, non-transferable right to access and use the Services, subject to the terms and conditions of this Agreement. The Employer agrees to be solely responsible for any conduct associated with, or originating from, the Employer’s Account.
Term of Agreement
The agreement between the parties that is governed by these Terms will continue until such time that a parties wishes to terminate pursuant to these Terms.
As an Employer, you may be required to provide information, images and other material (Content) about Listings that you wish to advertise via the Website. You will be required to log in to your Account to provide Content.
You understand and agree that Workible retains the right to review all Content and may, in our sole discretion, refuse and/or modify any Content contained in the Listings.
You agree not to upload or display in your Listings, Content that is offensive, indecent or objectionable.
You are solely responsible for ensuring that you do not breach any copyright laws (of any country) when uploading Content via the Website or the App. We will not accept any responsibility whatsoever in relation to copyright infringement caused by your Listings on the Website or the App.
In relation to our Services, you must not:
- use our Services for any activities, or post or transmit via the Website or the App, any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes;
- use our Services to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the Website, the App or the Internet;
- use our Services to send unsolicited commercial electronic messages;
- in any way tamper with, hinder or modify the Website or the App;
- knowingly transmit any viruses or other disabling features to the Website or the App, or via the Website or the App; or
- attempt any of the above acts or facilitate or assist another person to do any of the above acts.
Workible may terminate this Agreement or your Account if, in the view of Workible, the Employer has committed any material breach of this Agreement and in the case of a breach capable of being remedied, has failed to remedy the breach within seven (7) days after the receipt of a written request from Workible.
Relationship between parties
Workible’s relationship with the Employer is contractual only and does not create a relationship of employment, partnership or any other legal relationship. Consequently, Workible cannot, and will not, be liable for any actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to a Employer’s decision to become a Member of the Website or the App, or to participate in any employment as a consequence of the Website or the App.
Representations and warranties
Subject to all applicable laws, the Services provided by Workible are provided ‘as is’ and we make no representation or warranty, express or implied, including any implied warranty of merchantability or fitness for a particular purpose.
Workible will use its best efforts, techniques and accepted standards in performing the Services. However, we do not warrant that the Services will achieve any specific outcomes.
Exclusions and limitations of warranty
To the extent permitted by law, Workible will not be liable for any loss or damages, whether direct, indirect, incidental or consequential, arising from:
- suspension or cancellation of a Employer’s Account;
- your use of the Service;
- any interruptions or delays in accessing the Website, the App or any third party websites; or
- circumstances beyond the reasonable control of Workible
whether in contract, tort (including negligence) or otherwise.
All conditions and warranties, which may be implied by law into this Agreement, are excluded except to the extent that it would be unlawful to do so.
To the extent permitted by law, our liability for breach of any implied warranty or condition, which cannot be excluded by these Terms, is limited, at our option, to one or more of the following:
- the resupply of the Services; or
- the payment of the cost of having the Services resupplied.
To the fullest extent permitted by law, you agree to indemnify Workible from any liability for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from your use of our Services.
The Employer shall not assign, transfer or sub-licence any of its rights or obligations under this Agreement, except with the prior written consent of Workible.
If any provision of the Agreement is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the document, which will continue in full force and effect.
All rights not expressly granted in the Agreement are reserved.
If we do not act in relation to a breach of the Agreement by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Agreement by you.
The laws of the state of New South Wales, Australia govern these Terms.
Please contact us at firstname.lastname@example.org if you have any questions relating to these Terms.
These Terms were last updated 25 November 2013.