Legal - Pursuited

Terms & Conditions

Our Terms and Conditions are designed to protect all of our Candidates and Employers by creating a legal framework to operate and utilise.

Our personal agreement with you

These Terms and Conditions constitute a legally binding agreement between you (the Candidate or the Employer, as relevant) and us (Pursuited Pty Ltd (ABN: 97 619 442 474), Level 1 22 Atchison St St Leonards NSW 2066) so please take a few minutes to read them.

Amongst other things, these Terms and Conditions explain:

how you can use or terminate our Services;
how you can use or terminate our Services;
how your content is used and protected, including privacy and copyright protection;
how we can change, suspend or terminate your access to, and use of, the Platform;
the warranties and disclaimers that apply;and
the limitations of, and exclusions to, our obligations and liability to you.

You understand that by:

checking the Terms and Conditions tick-box on our sign up page (or even if this tick-box is pre-selected for ease of use of the Platform) and clicking the “Continue Registration” button;
using the Platform (including any content provided in it), the Services, emails, or your Account; or
communicating in any way with any Employer, representative of Pursuited or other Candidate via the Platform,
you are agreeing to be legally bound by the Agreement. If you do not accept this Agreement in its entirety, then you may not access or use the Platform.

If you agree to this Agreement on behalf of any Person, you represent and warrant that you have the authority to bind that Person to this Agreement and that your agreement to these terms will be treated as the agreement of that Person. In that event, “you” and “your” will refer and apply to that Person.

Using our service

You must not misuse our Services. For example, you must not interfere with our Services or try to access them using a method other than using the interface and following the instructions and restrictions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. You must not use the Services to advertise work or services that are illegal or would infringe the rights of a third party.

You agree to comply with the Privacy Policy and all other applicable policies relating to your use of the Platform and the Services as we may publish or otherwise make available on the Platform from time to time. To the extent that there are any conflicts between this Agreement and those policies, this Agreement will prevail.

You must not create any “links” to any part of the Platform, or “frame” or “mirror” any content contained in, or accessible through, the Platform, on any server or internet-based device without our prior written consent. Other than that as provided by the Platform or Services, you may not use any data mining, screen scraping or similar software or other data gathering, analysis or extraction tools or processes on the Website, except with our prior written consent.

You must not enter into this Agreement, or use the Platform or Services if you are: (a) a citizen of, or reside in, a country in which doing so is prohibited by law, decree, regulation, treaty or any other administrative act; (b) a citizen or resident of, or located in, a country or region that is subject to Australian sanctions or embargoes; or (c) an individual or an individual employed by or associated with an entity identified on the Australian Department of Foreign Affairs and Trade Denied Persons or Entity List, the Australian Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, or the Department of State’s Debarred Parties List or otherwise ineligible to receive items subject to Australian export control laws and regulations.

Definitions

In this Agreement the following phrases have the following meanings:

Account – The right of the relevant Candidate to use the applicable functionality of the Platform under this Agreement.

Address – In respect of a Candidate, each of the Candidate’s email address and postal address (where the Candidate can usually be contacted) registered for that Candidate’s Account.

Candidate– A User who registers with the Platform as a “Candidate” and uses the Platform and/or the Services primarily to be engaged by Employers via Pursuited Recruiters or for further education about their employment market.

Candidate Contact Request – A request made by a Candidate through the Platform to contact or otherwise connect with an Employer.

Contact Request– A Candidate Contact Request or an Employer Contact Request.

Employer Parent Account – A registered, ABN holding business account who registers with the Platform as an “Employer” and, through the use of their Employer Users, uses the Platform and/or the Services primarily to search for, contact or otherwise engage with Candidates for its own purposes.

Employer – A User who registers with the Platform as an “Employer”, registered under an Employer Parent Account, and uses the Platform and/or the Services primarily to search for and Shortlist Candidates for its own purposes. For the use in this document, the Employer is also the legal representative of the Employer Parent Account.

Employer Contact Request – A request made by an Employer through the Platform to contact or otherwise connect with a Candidate.

Employment Contract – Any contract between a Candidate and Employer, whether as an employee, independent contractor or otherwise.

Placement – A successful engagement of a Candidate to an Employer that has resulted in employment.

Pursuited Affiliates – Our subsidiaries, affiliated companies, licensors, contractors, partners, suppliers and distributors, and our and their respective directors, employees and shareholders.

Person – Any individual, Employer, partnership, joint venture or other legal entity or entities.

Platform – The Website and all associated software, apps, files, emails, SMS, pictures, data, hardware, technology, business systems and processes and other resources run by, or on behalf of, Pursuited.

Profile – The content uploaded to the Pursuited Platform by a Candidate or Employer for use of matching to a prospective Employer or Candidate (as relevant).

Recruiter – A person representing Pursuited that brokers contact between Employers and Candidates.

Services – Any products, goods or services that we or any Pursuited Affiliate provide to or for you, whether or not via the Platform.

Shortlist – A list of Candidates provided by an Employer to a Pursuited representative to engage and prospectively set an appointment to contact on behalf of interested Employer.

Unacceptable Content – Any content that we determine:

is racist, hateful, violent, defamatory, harassing, abusive, threatening, malicious, inflammatory or otherwise objectionable;
is pornographic, sexually explicit, obscene or excessively profane;
is unlawful or encourages unlawful conduct;
is fraudulent, false, misleading or deceptive;
infringes, or encourages the infringement of, any Person’s rights, including intellectual property, confidentiality or privacy rights;
amounts to commercial advertising of any other website, product or service; or
contains any link to any website that includes any of the above types of content.

User – A Person whose name is specified during an online registration process to create an Account on the Platform in the name of that Person, whether that Person then uses the Platform as an Employer or a Candidate.

Website – The website(s) located at www.pursuited.com, the redirected www.persuited.com, our blog and all other related domains and subdomains.

Rules of interpretation

The following rules of interpretation also apply to this Agreement:

words like “us”, “we”, “our”, “Pursuited”, “Pursuited.com” refer to Pursuited Pty Ltd (ABN 97 619 442 474)
words like “you” and “your” refer to the Person entering into this Agreement with us;
“including” means “including, but not limited to”;
the singular includes the plural, and vice versa; and
headings are for ease of reference only and should otherwise be ignored.

Privacy

Our Privacy Policy explains how we treat your personal data and protect your privacy when you use our Services or the Platform. You agree to the terms of and that we can use such data in accordance with our Privacy Policy as may apply from time to time.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications by following the unsubscribe process outlined in your ‘Profile Settings’ page. For any question in regards to your data and privacy you can contact us directly.

Intellectual Property

You are liable for any content you upload, transmit or otherwise submit to or communicate via the Platform. If we receive any notice of alleged intellectual property infringement relating to you, then we may respond as we see fit, having regard to intellectual property laws, which may include removing the relevant content from the Platform and/or suspending or terminating the provision of Services to you.

Some of our Services allow you to submit content. You retain ownership of any intellectual property rights that you hold in that content.

When you upload or otherwise submit content to our Platform, you give us and all Pursuited Affiliates a non-exclusive, assignable, sub-licensable, royalty-free, perpetual worldwide licence to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations, variations or other changes we make so that your content works better with our Platform), communicate, commercialize, analyse, publish, publicly perform, publicly display and/or distribute, in any way now known or in the future developed, such content. This licence continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to the Platform. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. It is your responsibility to ensure you have all necessary rights to grant us this licence for any content that you submit to our Platform or in the use of our Services. You agree not to infringe any intellectual property rights in connection with, and remain liable for any content or information you may make available on or through, your use of the Platform and the Services.

The Platform and Services (including all associated intellectual property) are protected by intellectual property laws and are the sole property of Pursuited and/or each Pursuited Affiliate (as applicable) unless otherwise indicated.

This service uses the ESCO classification of the European Commission.

Using our Services does not give you an interest in, ownership of or any rights (including intellectual property rights) in the Platform, the Services or any content you may access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. This Agreement does not grant you any right or licence to use any branding or logos used in our Services. You must not remove, obscure, or alter any legal notices displayed in or along with our Services.

You may not copy, modify, reproduce, distribute, sell, or lease any part of our Platform or the Services or any included software or intellectual property, nor may you reverse engineer or attempt to extract the source code of that software, unless you have our written permission or (and only to the extent) any applicable laws actually prohibit such restrictions.

If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

Our fees

No fees for Candidates
Whilst this Agreement is in effect no fees or charges are payable by a Candidate who is engaged in the ordinary use of the Platform including use of any non-Premium Services. Premium Services are subject to an agreed fee.

Fees for Employers
We charge Employers Service fees on the successful hire (a Pursuited Placement) of Candidates found on our Platform. Applicable fees will be notified to Employers at the time when the relevant Services are requested.

Pursuited considers any Candidate first uncovered through our Service, whether subsequent contact is made with the Candidate by using our Recruiter Services or made by the Employer through any other means (including, but not limited to, external websites, directories, referrals or competitive platforms) as a Pursuited Placement. In the event a Candidate has been hired by an Employer where that Employer has received Services from Pursuited in connection with that Candidate (including, but not limited to, search results containing that Candidate), and the Employer is disputing payment to Pursuited of any fee, the Employer must provide evidence satisfactory to Pursuited that contact was established by the Employer to the Candidate prior to the Candidate being uncovered by Pursuited’s Services.

Fees & Charges are negotiated with each Employer.

Billing and Payments
Employers (and, if relevant, Candidates) must pay us all Fees & Charges applicable to their use of the Platform or the Services at the time those amounts are due and payable. Our payment system allows Employers to pay with credit card or other approved payment systems from time to time (the “Payment System”). If applicable, we will collect your credit card details and other required information and will use it to charge you any fees. You authorise us to take all steps reasonably necessary for us to do so, including the use and disclosure of such credit card number and information to third parties.

You must use the payment service provided through the Payment System to make all payments due to us. Credit card transactions will be processed using such secure payment technology or service provider as we deem appropriate in the circumstances. Refunds will only be available in the event of an erroneous double charge or as otherwise required by law.

Taxes
You will be liable to pay any foreign, federal and/or state taxes as may be applicable to you or your business in connection with your access to, or use or receipt of, the Services.

Interest
If we are required to collect overdue fees from you, you must pay all costs (including legal fees), if any, incurred by us in collecting those overdue fees from you, and interest on any overdue fees at our bank’s business cheque account (or comparable account) overdraft rates.

Coupons
Any voucher, coupon, discount or any other offer used to pay for or reduce any fees can only be used once. Where there isn’t an expiry identified on a voucher, coupon, discount or any other offer it is valid for only 30 days from the date of the offer or notice date.

Mobile
We currently provide our mobile services for free, but please be aware that your carrier’s normal rates and fees, such as text messaging and data fees, will still apply. In the event you change or deactivate your mobile telephone number, you must update your account information on the Platform within 48 hours to ensure that any messages or notifications are not sent to any person who may acquire your old number. You authorise Employers to sync (including through an application) their contact list information onto their mobile devices, which may include the transfer of your basic information visible to them on the Platform, as well as your name and Profile picture if this is public.

General Platform User Obligations

You must provide a consistent and high level of courtesy, respect and professionalism toward each other Candidate and Employer. You must use good judgment when posting information, comments, feedback, or other content regarding us, other Candidates or Employers, or any other third party anywhere within the Platform. Any content that you submit via the Platform must not be Unacceptable Content, must be in English and must not contain any information enabling or requesting contact or payment outside the Platform.

You must take your own precautions (including antivirus software) to ensure that your access to the Platform and Services does not expose you to viruses or other code that is harmful or may assist in causing harm.

Identity
All Candidate and Employer identity information associated with an Account must be real and verifiable. Only the Person specified during the process of registering an Account may use that Account, and no Candidate may have more than one Account.

We may seek to validate Candidate or Employer information at any time, including but not limited to the verification of one or more official government or legal documents that confirm the Candidate’s identity. Failure to provide identity verification when requested is a breach of this Agreement.

Security
You must ensure and maintain the secrecy and security of any username and password that you enter or we provide to you in connection with the Platform. You must not disclose the username or password to any third party. You will need to change your password regularly by following the relevant instructions. We will be entitled to treat any use of, or action taken through the use of, such password on the Platform as being made or authorised by you.

You must not allow any third party to perform any action on, including posting jobs or making a Contact Request under or through, your Account, and you remain entirely responsible for any and all activities that occur on the Platform or otherwise under your username. You agree to immediately notify us if you become aware of any unauthorized use of your Account, your login name or any other breach of security known to you.

Misleading conduct
You agree that it is a condition on your use of the Platform, the Services and of any other services provided by us through or in connection with the Website that you will not mislead or deceive others or engage in any conduct which is misleading, malicious, or discriminatory, including by any act or omission.

Safety
We do our best to keep the Platform safe, however we cannot guarantee this. You agree to help us keep the Platform safe by committing you will not do any of the following on or through the Platform:

engage in unlawful conduct, including in any multi-level marketing such as a pyramid scheme, or post unauthorized commercial communications (such as spam);
upload viruses or other malicious code or content;
solicit login information or access an Account belonging to someone else;
upload any Unacceptable Content, or otherwise bully, intimidate, or harass any Candidate or any other person;
develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without our consent;
do anything that could disable, overburden, or impair the proper working or appearance of the Platform, such as a denial of service attack or interference with page rendering or other Platform functionality; or
facilitate or encourage any of the above or any other violations of this Agreement or our policies.

Privacy of Profile

We endeavour to keep Candidate information private from the general public and any Employers that the Candidate specifies it wishes to be hidden from; However, we cannot, under any circumstance, guarantee that a Candidate profile (either partly or wholly) will be hidden from any Person.

Suspension and Termination

Suspension or cancellation by us for cause
Without limiting any other remedies available to us, we may suspend or cancel your Account at any time by notice to you if:

you breach this Agreement or otherwise violate our rights or those of another Candidate or Employer;
we are unable to verify or authenticate any information you provide to us; or
we reasonably believe that your actions might cause a legal liability any other Candidate, Employer or us.

Also, if you engage in any action or activity that circumvents the Platform or this Agreement in such a way as to avoid or reduce fees that would otherwise be payable to us, then you will be liable to us for the difference and we may suspend or cancel your Account.

Suspension or cancellation by us without cause
In addition to the above rights of suspension and cancellation, we may by notice to you terminate your Account at any time, at our sole discretion.

Cancellation by you without cause
You can cancel your Account at any time by notice to us.

Consequences of suspension or cancellation
If we suspend or cancel your Account, or you cancel your Account, then (without limiting any other rights we may have):

you must not continue to use the Platform or any Service, including under a different Account, or reregister under a new Account;
no amount paid in advance by you will be refundable;
we may obtain payment of any outstanding amount (or that becomes payable) through any payment methods available to us in connection with your suspended or cancelled Account or any other Account that you register; and
we may refuse to provide an Account to you in the future.

After your Account is suspended or cancelled:

you may no longer have access to any or all of the Services or the Platform, including data, messages, files and other material you keep on it; and
we may retain a copy of any data, personal information, non-personal information, details and analysis contained within the Platform for as long as we consider appropriate for our business requirements.

If we or you suspend or cancel your Account, then at that time or any later time you or we may also terminate this Agreement.

All of your and our accrued rights, and the provisions of this Agreement that by their nature are intended to survive termination or expiry of this Agreement (including the sections below titled “Warranties and Disclaimers”, “Limitations of Liability” and “Indemnities”), will survive any termination or expiry of this Agreement.

Our role

You agree that:

the Platform is merely a marketplace where Candidates can be found by prospective Employers;
any information or content made available by us on the Platform is intended to provide general information only in summary form, including as relates to legal or other issues;
we are not a party to any Employment Contract;
a Candidate is not an employee of Pursuited and that we do not, in any way, provide, supervise, direct, or control any Candidates work or services;
an Employer is not affiliated with us and we do not, in any way, manage, supervise, direct, or control any Employer or the employment or work conditions of any Employer;
to the extent permitted by law, we will not have any liability or obligations under or related to any Employment Contract or any acts or omissions by any Candidate;
we have no control over any Candidate or Employer or over the work, services or opportunities promised or rendered by any Candidate or Employer, as applicable;
we make no representations and give no warranties in connection with any Candidate or Employer, including as to the reliability, capability, or qualifications of any Candidate or the quality, security or legality of any work or services provided by any Candidate or Employer, and to the extent permitted by law expressly exclude any liability in connection therewith;
we give no guarantee to any party of the continued availability of any particular Candidate or any job or vacancy and will not be liable to you should a Candidate or Employer not accept or be available to accept a Placement or employment offer; and
in no event will we be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any information contained on or omitted from the Platform.

We do not endorse or recommend any Candidate or any job, business or other employment or relevant opportunities available through or advertised on the Platform, and strongly recommend you obtain independent legal, accounting, financial and taxation advice as appropriate prior to entering into any Employment Contract or other agreement with any person. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all services, opinions, advice, merchandise and/or other information provided or available through the Platform or in connection with the Services, and on the internet generally.

The Platform may contain links to internet sites maintained or controlled by third parties. You acknowledge and agree that (a) we are not responsible for the contents of any such sites (including the accuracy, legality or decency of any information) or any link contained on such sites, (b) such link does not imply any endorsement by us, (c) we are not responsible for the legality or intellectual property compliance of any such site, and (d) we will not be liable for any damages or loss arising in any way out of, in connection with or incidental to any information or third party service provided by any third party.

While we take all reasonable due care in ensuring the privacy and integrity of information you provide to us, the possibility always exists that this information could be unlawfully accessed or observed by third parties while in transit over the internet or while stored on our system. To the greatest extent possible pursuant to law, we expressly disclaim any liability to you should this occur.

Warranties and Disclaimers

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.

You must not rely on the Platform, any information in it, or its continuation. To the extent permitted by law, and other than as expressly set out in this Agreement, we and each Pursuited Affiliate:

provide the Platform and all information and Services on an “as is” and “as available” basis;
disclaim any and all implied warranties and representations, including any warranties of merchantability, fitness for a particular purpose, title, accuracy of data, and non-infringement; and
exclude any representations or warranties about the Platform or Services, including about, the content within the Platform, the specific functions of the Platform, or their reliability, availability, or ability to meet your needs, the safety or security of the Platform or regarding the delivery of any messages (such as emails, in-mails, SMS, social media, posting of answers or transmission of any other Candidate generated content) sent through the Platform to anyone.

If you are dissatisfied or harmed by us or anything related to us, then you may cancel your Account and terminate this Agreement in accordance with the section above titled “Suspension and Cancellation” and, to the extent permitted by law, such cancellation and termination will be your sole and exclusive remedy. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Platform or the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Platform or the Services or any content or other material used or displayed through the Platform or Services.

We do not have any obligation to verify the identity of the persons subscribing to our services, nor do we have any obligation to monitor the use of our services by other Users of the community.

To the extent permitted by law, we exclude any warranty or representation that the Services and Platform will function without interruption or errors in functioning. You acknowledge that the Services and Platform may be interrupted, or subject to errors, due to maintenance, updates, or system or network failures or other causes. To the extent permitted by law, we disclaim all liability for any loss or liability as may be caused by or in connection with any such interruption or errors in functioning.

To the extent permitted by law, we expressly exclude any liability for any remarks, information or other content posted or made available on the Platform including by any Candidate or third party, even if it may not be Unacceptable Content. We expressly exclude any liability for any obligation to monitor content on the Platform for Unacceptable Content. We may remove or restrict access to any information or content posted or made available on the Platform, including if ordered to do so by a court or if we consider such information or content to be Unacceptable Content, but we have no obligation to do so.

Limitations of Liability

The extent permitted by law, other than as expressly provided below, neither Pursuited nor any Pursuited Affiliate will be responsible to you or any other Person in connection with any lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive loss or damages relating to or in connection with your use of the Platform or the Services.

To the extent permitted by law, neither Pursuited nor any Pursuited Affiliate shall be cumulatively liable for (a) any damages in excess of two times the most recent (as at the date such liability to you accrued) Placement fees that you paid via the Platform, if any, or AUD$100, whichever amount is greater. You agree that this limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:

apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose;
not apply to any damage that we may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from in this Agreement; and
not apply if you have entered into a non-standard agreement to purchase Services with a separate Limitation of Liability provision that expressly supersedes this section in relation to those Services.

We recognise that in Australia, you have legal rights as a consumer. To the extent permitted by law, any liability of ours in connection with the Services or Platform under any statutory right (including any condition or warranty implied by law or any guarantee or other right under any statute) that by law cannot be excluded is, where permitted by law, limited at our option to the resupply of the relevant services or the payment of the cost of same.

Indemnities

Third party claims
Each Employer and Candidate must indemnify, defend and hold harmless Pursuited and Affiliates from any and all losses arising from or relating to or in connection with the Employer’s use of the Services and/or the Platform, including:

where the User is an Employer – any Loss in relation to any claim by a Candidate for workers compensation or unemployment benefits or in relation to any Employment Contract entered into between the Employer and a Candidate (including where it does not provide any benefits required by law);
where the User is a Candidate – any Loss in relation to performance or work or services by the Candidate, any failure by the Candidate to satisfy any legal requirement (whether as to age, qualifications or otherwise), or in relation to any Employment Contract entered into between the Candidate and an Employer;
relating to the Candidate having submitted any Unacceptable Content to the Platform or any other breach of any kind by the Candidate of this Agreement; or
any Loss in relation to any claim by a third party that any action or omission of the Candidate infringes the intellectual property rights or other rights of any Person.

In this agreement “Losses” means all claims, legal proceedings, judgements, adjudications, damages, liabilities, losses (including losses of revenue), costs, and expenses (including attorneys’ fees and all related costs and expenses on a full indemnity basis).

Signing Bonus

From time to time Pursuited may offer a signing bonus for candidates signing up to the platform between certain dates. The signing bonus is an offer to candidates to be paid directly to the candidate after they have cleared probation with their employer. The signing bonus varies depending on offers at the time by Pursuited and if any associated industry associations, organisations or publications are engaged in the acquisition and retention of the candidate on the platform.

The signing bonus is paid after the Employer business pays Pursuited for the talent matching service. Pursuited reserves the right to withhold the signing bonus indefinitely pending payment from the candidates’ employer. Pursuited retains the right to cancel the signing bonus at any time.