HooJano

Terms and Conditions

Background

This page contains the terms and conditions under which you may use this Site and the Services provided by StaffSearcher, which is a business brand of MYOB Australia Pty Ltd. Please read this page carefully. If you do not accept the terms and conditions stated here, you must not use the Site and the Services. By using the Site, you are indicating your acceptance to be bound by these terms and conditions. We may revise these terms and conditions at any time by updating them on this Site. You should visit this page periodically to review the terms and conditions.

1. Definitions

In these terms and conditions the following definitions apply:

"Associate Member" means a person who becomes a member via invitation of a Sponsor.

"Business Day" means any day other than Saturday, Sunday or a Public Holiday in Melbourne, Australia.

"Candidate" means a Member who is a candidate for a Job who has been referred by at least one Referrer.

"Closing Date" means the date after which no further applications will be accepted for a Job Listed on this Site. The Closing Date will be the end of the Listing Period unless an earlier date is specified by the Hirer.

"Contact" means all people posted in a Referrer's section of the Site.

"CV" means the Curriculum Vitae submitted by, or on behalf of, a Candidate.

"GST" means the tax imposed by the New Tax System (Goods and Services Tax) Act 1999 (Commonwealth) ("GST Act") and the related Acts of the Commonwealth.

"Hirer" means a Member who has advertised at least one Job on this Site.

"Job" means a vacancy that is Listed on this Site by a Hirer.

"Job Acceptance" means when a Candidate accepts a Job Offer from a Hirer.

"Job Offer" means the act of offering a Job to a Candidate by a Hirer.

"Listing" or "Listed" means a Job that is listed on this Site by a Hirer.

"Listing Fee" means the amount specified in or calculated in accordance with the Schedule.

"Listing Period" means the period of time the Job is Listed on this Site up to a maximum of 4 weeks from Listing.

"Material" means all information, data, text, music, sound photographs, graphics, video, messages, CV and other materials Listed or Posted on the Site.

"Member" means a User who has registered on this Site directly, without being sponsored by an existing Member.

"Non-Member" means a User who is not registered on this Site.

"Posting" means publishing Material on this Site.

"Professional Recruiter" means any person involved in professional recruitment.

"Referral" means the act of a Referrer recommending a Candidate for a Job that has been Listed.

"Referrer" means a Member who has referred at least one contact for a Job Listed on this Site.

"Reward" means a fee set out by the Hirer in their listing that is the amount the Hirer is willing to pay for successfully hiring a Candidate sourced through Us.

"Sponsor Reward" means a percentage of the Reward, which is payable to a Sponsor when an Associate Member they invited to Us earns a Reward Commission.

"StaffSearcher Reward Commission" the percentage of the Reward retained by StaffSearcher, with the amount specified in or calculated in accordance with the Schedule.

"Referrer Reward Commission" the Reward less the StaffSearcher Reward Commission and any applicable Sponsor Reward, with the amount specified in or calculated in accordance with the Schedule.

"Schedule" means the Schedule applying to these terms and conditions. The Schedule may be amended by Us at Our discretion by updating it on this Site.

"Services" means the services provided by Us on this Site.

"Site" means this Site operated by Us, residing at the Internet address www.staffsearcher.com.au and for the purposes described in this document.

"Sponsor" means a Member who introduces an Associate Member.

"Sponsor Commission" means the amount specified in or calculated in accordance with the Schedule.

"Transaction" means the acceptance of a Job Offer by a Candidate.

"Us", "We" means MYOB Australia Pty Ltd (ABN 13 086 760 198) of 12 Wesley Court, Burwood East, Victoria, 3151 and "Our" shall be interpreted accordingly.

"User" means anyone who uses this Site to either search for Jobs, List a Job or refer a Contact for a Job. Users can be Members, Associate Members, or Non-Members. Members can assume roles described as Hirer, Referrer or Candidate.

"You" means a User and "Your" shall be interpreted accordingly.

2. Interpretation

(a) In these terms and conditions, unless the context requires another meaning a reference:

(i) to the singular includes the plural and vice versa;

(ii) to a gender includes all genders;

(iii) to a document (including these terms and conditions) is a reference to that document (including any Schedules and Annexures) as amended, consolidated, supplemented, novated or replaced;

(iv) to an agreement includes any undertaking, representation, deed, agreement or legally enforceable arrangement or understanding whether written or not;

(v) to a party means a party to these terms and conditions;

(vi) to an item, clause, Schedule or Annexure is to an item, clause, Schedule or Annexure of or to these terms and conditions;

(vii) to a person (including a party) includes:

(A) an individual, company, other body corporate, association, partnership, firm, joint venture, trust or Government Agency; and

(B) the person's successors, permitted assigns, substitutes, executors and administrators;

(viii) to time is to Melbourne time; and

(ix) the word including or includes means including, but not limited to, or includes, without limitation.

(x) Where a word or phrase is defined, its other grammatical forms have a corresponding meaning.

(xi) Headings are for convenience only and do not affect interpretation.

(d) (xii) Any amount payable pursuant to the terms and conditions is exclusive of GST and all other taxes, duties, fee or other government charges that may be due in respect of the Services.

3. Your Obligations - General

3.1 You:

(a) agree to use this Site only in accordance with these terms and conditions;

(b) consent to the Materials being read, downloaded and printed and copied into other messages and remaining on the Site at Our discretion;

(d) agree to List and Post Materials that are proper and relevant and not to List or Post or send any Materials which are unlawful, gives rise to civil liability or may, in our opinion, be harassing, defamatory, libellous, abusive, threatening, harmful, vulgar, obscene, indecent, knowledge inaccurate or misleading or which gives rise to such conduct;

(e) agree that use of this Site is at your sole risk, that any Material Posted, Listed or downloaded or otherwise obtained through Your use is at Your own discretion and risk and that You will be solely responsible for any damage to your computer system or loss of data that results from the download of such material;

(f) warrant that you are authorised to Post or List Materials on this Site and You will indemnify Us against any claim made by any third party against Us arising from the publication of the Material Posted by you on the Site;

(g) warrant that Your registration details are correct and that if You are an individual, You are aged 18 and over;

(h) agree not to download any Material posted by another User of our Site that You know, or ought to reasonably have know, cannot be legally distributed in that way;

(i) agree not to Post, List, upload or email any content that contains computer viruses or code, files, or programs designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment;

(j) must keep your password private and change it on Our request;

(k) must provide all Material and information to enable Us to fulfil Our responsibilities in relation to the Services offered pursuant to this Site;

(l) agree that communications on this Site are public and not private communications; and

(m) agree to indemnify Us and our partners, affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including but not limited to legal fees) arising from Your use of this Site, Your breach of these terms and conditions or for Your infringement of any intellectual property or other right of any person.

3.2 You may not use this Site in order to transmit, distribute, store or destroy material;

(a) in breach of any applicable law or regulation;

(b) in a manner that infringes the copyright, trademark, trade secret or other intellectual property rights of others; or

(d) that is defamatory, obscene, threatening, abusive or hateful.

3.3 We reserve the right to suspend or terminate Your use of the Site and Services at any time for breach of these terms and conditions or at Our discretion.

3.4 If We receive a complaint about Your Material then We shall be entitled, but not obliged, to temporarily remove or block access to that Material or all Materials pending clarification and possible permanent removal without notice to You.

4. Our Obligations

4.1 We will publish Jobs on this Site as soon as practicable following Listing or submission by the Hirer or, if later, the date specified by the Hirer.

4.2 On publishing Jobs to this Site we will also distribute Jobs directly to Referrers whose records contain candidates that on data recorded by the Referrer would reasonably appear to match.

4.3 If those Referrers whose records contain Candidates that on data recorded by the Referrer would reasonably appear to match have also selected to receive email notifications of matches we will despatch emails accordingly.

4.2 Listings will be removed from the Site immediately upon deactivation by the Hirer. In the event that the Listing is not deactivated by the Hirer within 4 weeks from Listing, the Listing will be deactivated.

4.4 Applications will be displayed in the Hirer's Hire People Workstation as soon as they are forwarded, via this Site, by a Referrer.

4.5 We will facilitate the transfer of information, provided by the Users interacting in this Site for the purposes of Hirers and Candidates being introduced via Referrers.

5. Hirer

5.1 The Hirer takes sole responsibility for the selection of the appropriate Candidate, undertaking the necessary due diligence to confirm the suitability of the Candidate and the accuracy of any Material provided by the Candidate.

5.2 The Hirer must:

(a) Ensure all the Jobs are real and intended to be filled at the time of Posting;

(b) Describe the Job accurately and provide sufficient Material to enable the User to evaluate the Job;

(d) pay GST on both the stated Listing Fee and any Reward;

(e) not deal with the Candidate other than on the basis of these Terms and Conditions and not independently seek to contact another User; and

(f) Notify Us (by closing the Job in the Site) as soon as a Candidate accepts a Job.

5.3 A Hirer may amend a Job description during the Listing Period. Once Listed, A Reward cannot be decreased.

5.4 A Professional Recruiter is not permitted to be a Hirer.

6. Referrer

6.1 A Referrer may refer a Candidate for a Job where that person has explicitly consented to that referral being made. A Candidate and a Referrer cannot be the same person for a Job.

6.2 By referring a Candidate for a Job the Referrer accepts the Reward offered in the Job description.

6.3 The Referrer takes responsibility for the quality of the Job application when making a Referral of a Contact.

6.4 When selecting "Notify me of Jobs" the Referrer agrees to receive notification of any Jobs determined by Us to be relevant and matching any of their Contacts.

6.5 If two Referrers refer the same Candidate to the same Job the Referral that the Candidate acts upon and first uses to transmit their application, will be the Referrer in respect of that Candidate and that Job (including for Reward purposes) .

6.6 The Referrer agrees to be rated by Hirers for any Candidate that is Referred.

6.7 A Referrer may rate the Hirer for engagements where Candidates they refer are short listed and for which a Transaction occurs.

6.9 A Referrer must act in good faith and only refer a Candidate for a Job where they have a reasonable belief the Candidate is suitable for that particular Job.

7. Candidate's Obligations

7.1 Applications can only be made on the Site through a Referrer. 7.2 In case of multiple Referrers the Candidate must select one Referrer through which to engage with a Hirer.

7.3 The Candidate agrees to:

(a) provide Material for the Job Application truthfully and accurately;

(b) make all efforts to describe appropriately and fully their suitability for a Job;

(c) act in good faith and only apply for Jobs for which they have a reasonable belief they are appropriate and available to accept; and

(d) notify Us and their Referrer as soon as they accept a Job.

7.4 Acceptance of a Job is at the sole discretion and responsibility of the Candidate.

8. Sponsor

8.1 Any Member can introduce and sponsor a person to become an Associate Member.

8.2 Only one Member can act as a Sponsor for an Associate Member.

8.3 If multiple Members nominate to be Sponsors of a Non-Member, the successful Sponsor will be deemed to be the Member who despatched the email invitation through which the Non-Member chooses to become an Associate Member.

9. Our Liability

9.1 We do not warrant that the Site will at all times operate without error. If your use of the Site or Materials results in the need for servicing or replacement of equipment or data, we are not responsible for those costs.

9.2 The Site and Materials are provided on an as-is basis without any warranties of any kind. To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, including the warranty of merchantability, fitness for a particular purpose and non-infringement. We make no warranties about the accuracy, reliability, completeness or timeliness of the Materials and Services or Transaction entered into through this Site.

9.3 We will use best endeavours to ensure access to this Site 24 hours a day 7 days a week. However, outages are not our responsibility and no guarantees or warranties are made in respect of access.

9.4 We will use best endeavours to ensure that all information provided by a User is secure. However, we make no warranty in respect of security and information.

9.5 We are not responsible for:

(a) the existence of any Job advertised on this Site; or

(b) the accuracy of any Material, Job information or any representations made on this Site by a User; or

9.6 We offer no guarantee or warranty of the Candidate's suitability for the Posted Job or tenure for the Candidate.

10. Fees and Rewards

10.1 The Hirer agrees to pay the following fees and rewards:

(a) the Listing Fee as stated in the schedule on Listing; and

(b) the stated Reward within 7 days of the Job Acceptance provided that We will provide a refund where it is proven to Our reasonable satisfaction that the Candidate, after Job Acceptance, declines the position prior to the commencement date of the Job.

10.3 We will pay the Referrer the Reward less Reward Commission, and in the case of Associate Members, less the Sponsor Commission, when a Candidate commences in the Job and all amounts payable to Us have been paid by the Hirer and are clear funds.

10.4 The Referrer agrees that a Reward Commission will be retained by Us on all Rewards earned in accordance with these terms and conditions.

10.5 All Associate Members that earn a Reward agree that the applicable Sponsor Reward will be deducted from the Reward, with the net amount payable to the Associate Member.

10.6 A Sponsor is entitled to a Sponsor Reward on Rewards earned by their Associate Members.

10.7 We will pay the Sponsor Reward at the same time that We pay the Reward.

11. Payment of Fees

11.1 All amounts and invoices are payable without discount of any kind and free of all payment charges.

11.2 GST will be additional and applicable to all Listing Fees as stated in the schedule and Rewards payable by Hirers.

11.3 The Referrer Reward Commission is only payable when the Listing Fee and Reward have been paid to Us in full by the Hirer.

11.4 We will only offer a refund where it is proven that the Candidate after Job Acceptance declines the position prior to commencement date.

11.5 All invoices must comply with the GST Act.

11.6 Should a system issue prevent a Hirer making a payment in accordance with these Terms and Conditions, the Hirer must contact our partner, Hoojano Pty Ltd, within 24 hours to provide notification of the issue and as required to cooperate with them to make the payment by an alternative method.

Email: enquiries@MYOB.com.au

Telephone: 0400 231 313

12. Privacy Statement and Personal Information

12.1 At all times Our collection and use of Your information will be in accordance with Our Privacy Policy which is available online for you to read or print out at: http://myob.com/servlet/Satellite?cid=1106022210664&pagename=MYOB%2FPage%2FContentPageWithoutNav&site=en_AU&c=Page

12.2 When you use this Site, You may be asked to provide certain information including, without limitation, a valid e-mail address and information related to Your use of this Site. Please review the privacy policies found on the Site to understand how the Site uses Your information.

12.4 We may share Your information with our partner, Hoojano Pty Ltd, for the purposes of providing You with the Services and enabling Us to improve the Services. Hoojano Pty Ltd will not share Your information with any third party.

13. General

13.1 Confidentiality

You must keep all information about any other User private and confidential. Such information must only be used for the purposes for which it is provided in accordance with this Site.

13.2 Termination

MYOB reserves the right to terminate operation of this Site at any time.

13.3 Right to Remove

(a) We reserve the right to remove any offending or otherwise inappropriate Material and content at Our discretion.

(b) At Our discretion, We may remove Users access to the Site if We believe that inappropriate Candidates are being referred to Hirers by a User.

14. Contact Us

If You have any questions about this Site, the Services or Your dealings with Us, you can contact Us in the following ways:

Email: enquiries@MYOB.com.au

Telephone: 0433 130 435