Refari – User Terms and Conditions

 

1. General
   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 Refaris to Recruitment Entities in the recruitment process and associated services via software and other technological means (Services).
   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).
   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.
   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.
   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.
   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 Refaris 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
   1. You:
      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;
      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. must not frame or embed in another website any of the material appearing on the Online Platforms without our prior written consent.
   2. You may:
      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
      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. 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
   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.
   2. You are responsible for scanning any information for viruses.
   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. 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
   1. You agree to be bound by, and comply with, these terms and conditions by:
      1. using the Online Platforms;
      2. completing your registration through the Online Platforms as a Candidate, Third Party Refari or Recruitment Entity; and/or
      3. obtaining or ordering Services from us using the Online Platforms or by any other method of sale.

 

6. Changes to these Terms and Conditions
   1. The terms and conditions that will apply to you are those that applied at the time you engaged us to provide the Services.
   2. Subject to clause 6.1, 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.

 

7. Registration

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. 

8. User Obligations
   1. Users must register on the Online Platforms and provide all profile information required by Refari.
   2. Refari does not charge Third Party Refaris or Candidates for its Services (unless prices for Services are outlined on the Online Platforms), Refari is paid a fee by the Recruitment Entity.
   3. You agree to provide us with current, complete and accurate details when asked to do so by the Online Platforms or by us, including information in relation to your employment history, skills, qualifications, insurance, memberships and experience.
   4. Refari reserves the right to cancel your profile and/or prevent your access to the Online Platforms for any reason in its discretion.
   5. You may notify Refari at any time and request to remove your profile and to cease the provision of Services.
   6. If you make an error in completing your profile or in any information supplied to us, you must immediately notify us of the error.
   7. Candidates represent and warrant that you have the skills, experience and 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.
   8. 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. Nothing in these terms and conditions or otherwise constitutes a relationship between Refari and the Candidate, Refari and the Third Party Refari or between Referrer and the Recruitment Entity, of employee, principal/contractor or any other relationship other than service provider and customer.
   10. If a Candidate or Third Party Refari 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.
   11. Users indemnify Refari from any loss, damage, claim, injury, cost or expense they suffer as a result of their breach of these terms and conditions and any loss, damage, claim, injury cost or expense suffered by the User as a result of another User’s actions or inactions.

 

9. Prices, Fees and Charges
   1. The User is not charged any fees for the use of the Online Platforms or the Services by Refari.
   2. Prices for Services are payable by the Recruitment Entity in accordance with their separate agreements.
   3. Where a Recruitment Entity using the Services displays a fee payable to a Third Party Refari 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.
   4. The User acknowledges and agrees that Refari shall not be held liable for a Recruitment Entity’s failure to pay a Referral Fee.
   5. The Recruitment Entity indemnifies Refari in full for any claims or losses as a result or in connection with a Referral Fee.
   6. 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. User Obligations
    1. You covenant and warrant that:
       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;
       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;
       3. you will ensure that your LoginID and password that is used to access the Online Platforms and the details of your account is kept in a safe and secure manner;
       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;
       5. you will promptly advise us of any changes to your information provided to us as part of the customer registration process;
       6. you are responsible for any costs associated with your access to or use of the Online Platforms, including Internet access fees;
       7. you are responsible and liable for any person that uses your LoginID and password to order Product(s) through the Online Platforms.

 

1. 2. You must not:
      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;
      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;
      3. make fraudulent or speculative enquiries, purchases or requests through the Online Platforms;
      4. use another person’s details without their permission or impersonate another person when using the Online Platforms;
      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;
      6. tamper with or hinder the operation of the Online Platforms;
      7. knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Online Platforms;
      8. use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Online Platforms;
      9. modify, adapt, translate or reverse engineer any portion of the Online Platforms;
      10. remove any copyright, trade mark or other proprietary rights notices contained in or on the Online Platforms;
      11. reformat or frame any portion of the web pages that are part of the Online Platforms;
      12. create accounts by automated means or under false or fraudulent pretences;
      13. use the Online Platforms to violate the security of any computer or other network or engage in illegal conduct;
      14. 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;
      15. use the Online Platforms other than in accordance with these terms and conditions; or
      16. attempt any of the above acts or engage or permit another person to do any of the above acts.

 

11. Warranty and Liability
    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.
    2. Where we are permitted by law (and subject to clause 12.1):
       1. we do not warrant or represent the suitability of the Online Platforms, or a Service for any purpose; and
       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.
    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.

 

12. Termination and/or Suspension of Account

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. 

13. General Provisions
    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.
    2. This agreement is governed by the laws of Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
    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 Professional to seek or obtain urgent interlocutory or interim relief.
    4. For Candidates, for so long as:
       1. you are registered with Refari (and for 12 months after any such registration ceases); and/or
       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.

 

14. Privacy Policy and Your Personal Information

Refer to the Privacy Policy, which form part of these terms and conditions. 

15. Definitions
    1. Capitalised terms used are defined in these terms and conditions.
    2. In these terms:
       1. “Associates” means:
          1. in relation to a corporation (including a trustee of a trust, where the trustee is a corporation):
             1. a related body corporate of that corporation;
             2. a person who has a substantial holding in that corporation;
             3. a director, secretary or officer of that corporation; or
             4. any relative of any person referred to in 15.2.1.1.1 to 15.2.1.1.3 of this definition;
          2. in relation to a natural person:
             1. any relative of that person; or
             2. any corporation in respect of which the person is an Associate by virtue of clauses 15.2.1.1.1 to 15.2.1.1.3 of this definition; and
          3. in relation to a trust:
             1. any person who is a trustee or a beneficiary under that trust; and
             2. any person who is an Associate of any of the persons referred to in 15.2.1.3.1 by virtue of clauses 15.2.1.1.1 to 15.2.1.1.3 of this definition.
       2. “Candidate” means any individual seeking an Employment Opportunity.
       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.
       4. “GST” has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)
       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.
       6. “LoginID” means the email address that you provided to us as part of the registration process to use the Online Platforms.
       7. “Online Platforms” means Refari’s Website, social media accounts, applications, software, widgets and other technological means.
       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.
       9. “Third Party Refari” means a third party who recommends and/or refers a Candidate to an Employment Opportunity.
       10. “User” means any person using the Online Platforms including Recruitment Entity’s, Candidates and Third Party Refaris.