1.1 Refari Pty Ltd (ACN 623 616 606) (Refari or our or we) is in the business of facilitating referrals and job applications of Candidates both directly and from Third Party Referrers to Recruitment Entities in the recruitment process and associated services via software and other technological means (Services).
1.2 These terms and conditions apply to your interactions with Refari in connection with its website, social media accounts, applications, software, widgets and other technological means (Online Platforms).
1.3 Please read these terms and conditions before accessing or using the Online Platforms. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Online Platforms.
1.4 Your access to and use of the Online Platforms, including your acceptance of Services through the Online Platforms, is subject to these terms and conditions.
1.5 The terms and conditions also apply to Services supplied by means other than the Online Platforms, including by telephone, in person or other means, unless otherwise agreed in writing.
1.6 These terms and conditions apply to Users, in addition to other agreements which may be in place between Refari and such other parties. Some parts of these terms and conditions will apply only to Candidates, Third Party Referrers and/or Recruitment Entities and will be identified as such.
2. DISCLAIMER
The information contained in the Online Platforms is provided in good faith on an “as is” basis. Refari does not represent or warrant to the reliability, accuracy or completeness of the information contained on the Online Platforms. To the extent permitted by law, Refari is not responsible or liable for any Liabilities (direct, indirect or consequential losses and damages) arising in any way (including without limitation negligence) for errors in, or omissions from, the information in the Online Platforms.
3. INTELLECTUAL PROPERTY AND CONFIDENTIALITY
3.1 You:
3.1.1 acknowledge that the copyright in the Online Platforms, the software, design, text and graphics comprised in the Online Platforms, the selection and layout of the Online Platforms and the content and materials on the Online Platforms (together, the Material) are owned by or licensed to us;
3.1.2 must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and
3.1.3 must not frame or embed in another website any of the material appearing on the Online Platforms without our prior written consent.
3.2 You may:
3.2.1 store a reproduction of the content on this Online Platforms on your local computer for the sole purpose of viewing the content and Materials; and
3.2.2 print hard copies of the content and Materials for the sole purpose of viewing and purchasing Products but not for any other use, including commercial use.
3.3 The Online Platforms, the Services and any ancillary materials or documents owned or used by Refari in connection with the provision of the Services and promotion of its business contains registered trademarks which are protected by law and other branding, images, content which constitute the intellectual property of Refari and which are our confidential information. You must not use any of the marks or trademarks appearing on the Online Platforms or any of our confidential information or our name or the names of our related bodies corporate or any of our intellectual property without our prior written consent and all such confidential information must not be disclosed to any third party nor used for any purpose other than the ordinary receipt of Services in accordance with these terms and conditions.
4. VIRUSES
4.1 Refari does not claim that any information (including any files) obtained from or through the Online Platforms is free from viruses or other faults or defects.
4.2 You are responsible for scanning any information for viruses.
4.3 You agree that Refari has no responsibility or liability to you or any other person for any loss or damage (whether direct, indirect, consequential or economic), regardless of cause, negligence or otherwise, which may be the direct or indirect result of any such information.
4.4 If Refari is found to be liable this will be limited to the cost of supplying the information again.
5. COMPLIANCE WITH THESE TERMS AND CONDITIONS
5.1 You agree to be bound by, and comply with, these terms and conditions by:
5.1.1 using the Online Platforms;
5.1.2 completing your registration through the Online Platforms as a Candidate, Third Party Referrers or Recruitment Entity; and/or
5.1.3 obtaining or ordering Services from us using the Online Platforms or by any other method of sale.
6. DNS MANAGEMENT AND RECORD HANDLING
Refari now offers two distinct web hosting services: Refari Shared Web Hosting and Refari Dedicated Web Hosting. Each comes with specific features and DNS management protocols to best suit our clients’ needs.
6.1 Client Responsibility for DNS Records (Shared Web Hosting) As a value-added service, Refari offers DNS/SPF/DKIM record management for our website clients. This service is designed to facilitate seamless integration with various online platforms and tools. For clients opting for Refari Shared Web Hosting, it is mandatory that their DNS records are on Refari’s DNS management system to ensure optimal performance, enhanced security of the shared servers, and to enable seamless infrastructure upgrades. However, DNS/SPF/DKIM record management is provided at Refari’s discretion and may be withdrawn or modified. In the event that Refari decides to withdraw this service, clients will be provided with delegate access to manage their DNS records themselves, or they can appoint a third-party IT company to have delegate access.
6.2 DNS Management (Dedicated Web Hosting) Clients choosing Refari Dedicated Web Hosting have the flexibility to manage their DNS records independently or opt for Refari’s management services for enhanced security and performance.
6.3 Self-Management and Third-Party Access For Dedicated Web Hosting clients, Refari offers the option for self-management of DNS records or delegate access to third parties. For Shared Web Hosting, DNS management is exclusively handled by Refari, although delegate access may be granted upon client request.
6.4 Changes and Notifications To request any changes to your DNS records, please log a ticket through support@refari.co with your requested changes in plain text format.
7. CHANGES TO THESE TERMS AND CONDITIONS
7.1 The terms and conditions that will apply to you are those that applied at the time you engaged us to provide the Services.
7.2 Subject to clause 7.1, we may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. By continuing to use the Online Platforms after these terms and conditions have been modified, you agree to be bound by the changes to these terms and conditions.
8. REGISTRATION
8.1 You must complete the registration process through the Online Platforms before you can use the Online Platforms or Services. Any personal information that you give us will be held and used by us in accordance with our Privacy Policy contained on our website.
9. USER OBLIGATIONS
9.1 You covenant and warrant that:
9.1.1 All information and data provided by you to us through the Online Platforms (including as part of the registration process) or otherwise is true, accurate, complete, and up to date.
9.1.2 You have and will comply with all relevant laws relating to your use of the Online Platforms and your receipt of the Products or Services.
9.1.3 You will ensure that your LoginID and password used to access the Online Platforms and the details of your account are kept in a safe and secure manner.
9.1.4 You will promptly notify us if you are or become aware that there is or has been an unauthorised use of your LoginID and password or account, or any other security breach relating to your account.
9.1.5 You will promptly advise us of any changes to your information provided to us as part of the customer registration process.
9.1.6 You are responsible for any costs associated with your access to or use of the Online Platforms, including Internet access fees.
9.1.7 You are responsible and liable for any person that uses your LoginID and password to order Product(s) through the Online Platforms.
9.2 You must not:
9.2.1 Use the Online Platforms for any activities that breach any laws, infringe a third party’s rights, or are contrary to any relevant standards or codes.
9.2.2 Use the Online Platforms in a manner or way, or post to or transmit to or via the Online Platforms any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces, or offends any person or which prevents any other person from using or enjoying the Online Platforms.
9.2.3 Make fraudulent or speculative enquiries, purchases, or requests through the Online Platforms.
9.2.4 Use another person’s details without their permission or impersonate another person when using the Online Platforms.
9.2.5 Post or transmit any obscene, indecent, hateful, inflammatory, or pornographic material or any other material that may give rise to civil or criminal proceedings.
9.2.6 Tamper with or hinder the operation of the Online Platforms.
9.2.7 Knowingly transmit any viruses, worms, defects, trojan horses, or similar disabling or malicious code to the Online Platforms.
9.2.8 Use any robot, spider, site search and retrieval application, or other mechanism to retrieve or index any portion of the Online Platforms.
9.2.9 Modify, adapt, translate, or reverse engineer any portion of the Online Platforms.
9.2.10 Remove any branding, copyright, trademark, or other proprietary rights notices contained in or on the Online Platforms.
9.2.11 Reformat or frame any portion of the web pages that are part of the Online Platforms.
9.2.12 Prevent platform access or prevent users from accessing Refari support or profile via the widgets.
9.2.13 Create accounts by automated means or under false or fraudulent pretences.
9.2.14 Use the Online Platforms to violate the security of any computer or other network or engage in illegal conduct.
9.2.15 Hack, crash, or take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure.
9.2.16 Use the Online Platforms other than in accordance with these terms and conditions.
9.2.17 Attempt any of the above acts or engage or permit another person to do any of the above acts.
9.3 Video Submissions for Website Change Requests
9.3.1 Submission of Change Requests – When submitting a website change request through the Online Platforms, you may be required to provide a video that demonstrates the desired changes or offers additional context to help us understand your requirements better.
9.3.2 Provision of Additional Context – Providing a video or other forms of additional context ensures that we can accurately and efficiently implement your requested changes to meet your expectations.
9.3.3 Requirement for Video Submission – If a video or sufficient additional context is not provided with your change request, Refari reserves the right to pause or delay the processing of your request until the necessary information is received.
9.3.4 Benefits of Providing a Video – By supplying a video, you help us streamline the change request process, reduce potential misunderstandings, and enhance the quality of the services we provide to you.
9.3.5 Support for Creating Videos – If you need assistance in creating a video for your change request, please contact our support team at support@refari.co, and we will be happy to guide you through the process.
9.4 Additional User Obligations
9.4.1 Representation and Warranty – Candidates represent and warrant that you have the skills, experience, qualifications, and any other matters necessary to perform projects or employment opportunities that you accept and that you have the ability to perform the role requirements as advised by the Recruitment Entity or Refari to you.
9.4.2 Availability of Employment Opportunities – Refari does not represent or warrant the continued availability of any Employment Opportunity nor does it make any endorsement or warranty in relation to the suitability of any Candidate, Recruitment Entity, or Employment Opportunity.
9.4.3 Relationship Disclaimer – Nothing in these terms and conditions or otherwise constitutes a relationship between Refari and the Candidate, Refari and the Third Party Referrer, or between Referrer and the Recruitment Entity, of employee, principal/contractor, or any other relationship other than service provider and customer.
9.4.4 Contractual Agreements with Recruitment Entities – If a Candidate or Third Party Referrer engages with a Recruitment Entity, your contract with the Recruitment Entity will govern your rights and obligations in respect of the particular project. We give no warranty and make no representation as to the terms of such contracts.
10. PRICES, FEES, AND CHANGES
10.1 The User is not charged any fees for the use of the Online Platforms or the Services by Refari.
10.2 Prices for Services are payable by the Recruitment Entity in accordance with their separate agreements.
10.3 Where a Recruitment Entity using the Services displays a fee payable to a Third Party Referrer for the referral of a Candidate to an Employment Opportunity (Referral Fee), the Recruitment Entity is solely responsible for the payment of that Referral Fee.
10.4 The User acknowledges and agrees that Refari shall not be held liable for a Recruitment Entity’s failure to pay a Referral Fee.
10.5 All prices shown on the Online Platforms are in Australian Dollars (AUD) unless otherwise stated. Where an amount is displayed in or stated as another currency and payment of that amount is required in Australia, the amount shall be converted into AUD using the existing exchange rate as set by the Reserve Bank of Australia at the time the payment becomes due and payable.
10.6 For any outstanding invoices, our automated billing system will attempt to take payment on the 1st day of each month. It is the responsibility of the User to ensure sufficient funds are available in the designated payment method on the due date.
11. USER LICENCE MANAGEMENT
DEFINITION: For the purpose of these Terms of Use, “Users” shall encompass individuals including but not limited to “Users”, “Consultants”, “Company Users”, and “Recruiters” who are given access to the Online Platforms.
11.1 Client Responsibility: Clients are solely responsible for managing and maintaining accurate user counts and licences for the services provided through the Online Platforms. This includes the timely addition or removal of user licences as needed.
11.2 No Retrospective Changes: Clients may not make retrospective changes to user counts or licences for previous months. Any adjustments to user counts must be made prospectively and in accordance with the procedures outlined on the Online Platforms or as otherwise provided by us.
11.3 Refund Policy: Refunds for previous months’ user licences are not permitted under any circumstances. Clients must review and confirm their user counts and licences regularly to ensure accuracy and avoid unnecessary charges.
11.4 Fairness and Integrity: The policies outlined in this section are designed to maintain the integrity of the billing process and ensure fairness among all clients. Any attempts to circumvent or violate these policies may result in termination or suspension of access to the Online Platforms and services, in accordance with Section 14 of these Terms of Use.
11.5 Contact and Support: Clients with questions or requiring support related to user licence management may contact us at support@refari.co. We are committed to assisting clients with their user licence management needs and will respond to enquiries in a timely manner.
12. WARRANTY AND LIABILITY
12.1 Refari accepts liability for all legal guarantees and warranties expressed or implied to the transactions under the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth), or any other legislation (such as the Fair Trading Acts (or equivalent legislation) in each State and Territory) the effect of which cannot be excluded.
12.2 Where we are permitted by law (and subject to clause 12.1):
12.2.1 we do not warrant or represent the suitability of the Online Platforms, or a Service for any purpose;
12.2.2 we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to the Online Platforms, the Products or Services; and
12.2.3 To the fullest extent permitted by law, and without limiting the foregoing, we shall not be liable for any Losses arising from or in connection with: (a) Any interruption, suspension, or unavailability of the Online Platforms, regardless of cause; (b) Any errors, inaccuracies, or omissions in the content or materials on the Online Platforms; (c) Any bugs, viruses, Trojan horses, or similar malicious code that may be transmitted to or through the Online Platforms by any third party; or (d) Any unauthorised access to or use of our secure servers and/or any and all personal information stored therein, except where caused by our gross negligence or wilful misconduct.
12.3 Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
13. INDEMNIFICATION
13.1 General Indemnity. To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Refari Pty Ltd, its affiliates, and its and their respective officers, directors, agents, employees, and representatives (the "Indemnified Parties") from and against any and all claims, demands, actions, liabilities, losses, damages, costs, and expenses (including, without limitation, reasonable legal and accounting fees) (collectively, "Losses") arising from or in any way connected with:
(a) Your access to, use of, or alleged misuse of the Online Platforms or Services;
(b) Your breach or alleged breach of any of these Terms of Use, including any representations and warranties contained herein;
(c) Any data or content you submit, post, transmit, or otherwise make available through the Online Platforms, including but not limited to any claim that such content infringes on the intellectual property or other proprietary rights of any third party;
(d) Your violation of any applicable law, regulation, or the rights of any third party, including without limitation any other User of the Services;
(e) Any issues, failures, or liabilities arising from the integration of the Online Platforms with your or your third-party's systems, software, or platforms;
(f) Any data breach, security incident, or unauthorised access to data to the extent it is caused by your negligence, wilful misconduct, or failure to adhere to reasonable security practices, including the failure to safeguard your LoginID and password; and
(g) Any dispute between you and any other User (including, for the avoidance of doubt, any dispute between a Candidate and a Recruitment Entity, or between a Third Party Referrer and a Recruitment Entity).
13.2 Recruitment Entity Indemnity. Without limiting the generality of clause 13.1, each Recruitment Entity specifically indemnifies and holds harmless the Indemnified Parties from and against any and all Losses arising from or in connection with its failure to pay a Referral Fee to a Third Party Referrer in accordance with any agreement or representation made by the Recruitment Entity.
13.3 Indemnification Procedure. The Indemnified Party will provide you with prompt written notice of any claim for which it seeks indemnification. However, any failure or delay in providing such notice shall not relieve you of your obligations under this section except to the extent you are materially prejudiced by such failure or delay. The Indemnified Party reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of the Indemnified Party.
14. TERMINATION AND/OR SUSPENSION OF ACCOUNT
14.1 We may terminate this agreement for convenience at any time on notice to you. Without qualifying the foregoing, we may immediately suspend, terminate or limit your access to and use of the Online Platforms and (where relevant) your account if we reasonably suspect that you have committed a fraudulent act and/or you breach these terms and conditions.
15. GENERAL PROVISIONS
15.1 If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
15.2 This agreement is governed by the laws of Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
15.3 If a dispute arises out of or relating to these terms and conditions the relevant parties shall attempt to resolve the matter by mediation before litigation. Nothing in this paragraph limits the rights of Refari to seek or obtain urgent interlocutory or interim relief.
15.4 For Candidates, for so long as:
15.4.1 you are registered with Refari (and for 12 months after any such registration ceases); and/or
15.4.2 you engage with a Recruitment Entity or role with a third party made available by Refari (including by providing information to you regarding an Employment Opportunity, enabling you to identify an Employment Opportunity or otherwise causing an Employment Opportunity to be introduced to you), you must notify Refari of engagement in an Employment Opportunity.
16. PRIVACY POLICY AND YOUR PERSONAL INFORMATION
Refer to the Privacy Policy, which form part of these terms and conditions.
17. DEFINITIONS
17.1 Capitalised terms used are defined in these terms and conditions.
17.2 In these terms:
17.2.1 “Associates” means:
(a) in relation to a corporation (including a trustee of a trust, where the trustee is a corporation):
(i) a related body corporate of that corporation;
(ii) a person who has a substantial holding in that corporation;
(iii) a director, secretary or officer of that corporation; or
(iv) any relative of any person referred to in sub-clauses (i) to (iii) of this definition;
(b) in relation to a natural person:
(i) a spouse, parent, or child of that person;
(ii) a corporation in which the person has a substantial holding;
(iii) a corporation of which the person is a director, secretary or officer; or
(iv) any relative of any person referred to in sub-clauses (i) to (iii) of this definition.
17.2.2 “Candidate” means any individual seeking an Employment Opportunity.
17.2.3 “Employment Opportunity” means a fixed term, part-time, full-time or casual job vacancy or such other services engagement that is advertised using the Online Platforms.
17.2.4 “GST” has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)
17.2.5 “Liabilities” means all direct and/or indirect liability for: costs; damages; losses; claims, causes of action, accidents; injuries; deaths; law and traffic violations; and expenses including but not limited to legal fees.
17.2.6 “LoginID” means the email address that you provided to us as part of the registration process to use the Online Platforms.
17.2.7 “Online Platforms” means Refari’s Website, social media accounts, applications, software, widgets and other technological means.
17.2.8 “Recruitment Entity” means any organisation using the Online Platforms and/or to whom the Services are provided, for the purpose of procuring Candidates for Employment Opportunities, including recruitment agencies and organisations recruiting in-house and includes Associates of a Recruitment Entity.
17.2.9 “Third Party Referrer” means a third party who recommends and/or refers a Candidate to an Employment Opportunity.
17.2.10 “User” means any person using the Online Platforms including Recruitment Entity’s, Candidates and Third Party Referrers.
