Recruit RE Terms and Conditions

1               Definitions

 

Recruit RE Terms and Conditions

Definitions

(a) Employers means any person or entity who is registered via the Recruit RE Platform, via invitation or otherwise, for the purposes of being connected with Jobseekers as potential employees.

(b) Industry Partners means any real estate industry partners, employment/recruitment industry partners or other third parties who may advertise on the Recruit RE Platform or improve the service offering to other Platform Users.

(c) Jobseekers means any person who is registered via the Recruit RE Platform, via invitation or otherwise, for the purposes of being connected with potential Employers.

(d) Platform Users means Jobseekers, Employers and/or Industry Partners who have created and registered an account via the Recruit RE Platform or otherwise use the Recruit RE Platform.

(e) Policy means any policy created by Recruit RE and notified to you as forming part of these Terms and Conditions, including but not limited to our Privacy Policy which can be found on the Recruit RE Platform at https://www.recruitre.com.au/privacy-policy.

(f) Recruit RE includes Dunbowin Pty Ltd ACN 650 744 326 trading as Recruit RE ABN 60 650 744 326, Regrowth Consultancy Pty Ltd ACN 656 248 145, Property Advice Pty Ltd ACN 640 169 197 trading as RE Growth with Kylie Walsh ABN 13 640 169 197, Pipk Investments Pty Ltd ACN 656 628 689 as trustee for Pipk Investments Trust ABN 63 100 402 707, Resolver Pty Ltd ACN 122 579 220, Temp Talent Pty Ltd ABN 43 154 340 593 and any related entities (as defined pursuant to the Corporations Act 2001 (Cth).

(g) Recruit RE Platform means the website https://www.recruitre.com.au/, subdomains and the associated mobile application named "Recruit RE".

(h) Services means the online recruitment services and employment/recruitment guidance for Employers and Jobseekers, creating connections between Recruit RE Employers and Jobseekers and supporting recruitment outcomes including by facilitating provision of paid services by Recruit RE or Industry Partners to Employers and Jobseekers.

(i) you means the person or entity that registers as a Platform User via the Recruit RE Platform or otherwise uses the Recruit RE Platform and your has the associated meaning.

Introduction

2.1 The following provisions govern your use of the Recruit RE Platform all other services made available through the Recruit RE Platform.

2.2 Please read these Terms and Conditions and all Policies (including the Privacy Policy) carefully before using the Recruit RE Platform. These policies are incorporated into these Terms and Conditions by reference.

2.3 By using the Recruit RE Platform, you agree to be bound by these Terms and Conditions which constitute an agreement between you and Recruit RE ("we" or "us").

2.4 We reserve the right to revise and update these Terms and Conditions at any time. Please periodically review these Terms and Conditions. Your continued use of the Recruit RE Platform constitutes your acceptance of and agreement to any revised terms and conditions.

2.5 This version of the Terms and Conditions was last updated on 5 June 2023.

Recruit RE Services

3.1 Recruit RE is a technology platform for the real estate industry, providing the Services.

3.2 The Services may enable:

(a) Jobseekers to:

(i) create a profile and get noticed by prospective Employers;

(ii) find suitable roles in the real estate industry based on experience;

(iii) centralise, store and share professional licence/s and continued professional development (CPD) records; and

(iv) obtain paid services from Recruit RE or Industry Partners.

(b) Employers to:

(i) create a business/company profile attracting candidates;

(ii) find hires including by advertising, shortlisting and connecting with candidates;

(iii) be provided with other assistance in organising and managing the recruitment process; and

(iv) obtain paid services from Recruit RE or Industry Partners.

(c) Industry Partners to advertise on the Recruit RE Platform to improve the service offering to participants and provide paid services to Jobseekers and Employers.

Our Obligations

4.1 Recruit RE's role is that of an independent provider of the Recruit RE Platform and Services.

4.2 In respect of this role, Recruit RE disclaims all responsibility and liability including but not limited to and for:

(a) acting as, or on behalf of, any Platform User;

(b) any aspect of interactions between Platform Users;

(c) acting as an intermediary between Platform Users, or assisting or involving itself in any dispute between Platform Users, but we may elect to do so (at our absolute discretion) to improve the user experience;

(d) the accuracy of any information provided by Platform Users or other third parties; or

(e) the suitability of Platform Users, including the ability of a Jobseeker to perform any role proposed or obtained.

4.3 Recruit RE may, at our absolute discretion, refuse to allow any person to access the Recruit RE Platform or Services, and may cancel or suspend any existing Platform User's access to the Recruit RE Platform or Services, at any time. We will not be liable for any loss of profit or business opportunity that may result from the suspension or cancellation of your Recruit RE Platform access.

4.4 If you choose to enable location services on the Recruit RE Platform, then we may access and use your location to provide relevant Services to you. You can disable location services by deactivating this option on your device.

4.5 We may determine in our absolute discretion when rewards or giveaways are promoted to Platform Users and to which Platform Users they are promoted.

Platform User Obligations

5.1 In using the Recruit RE Platform and Services, you must:

(a) be eighteen or older;

(b) comply with the terms of these Terms and Conditions and all applicable laws and regulations;

(c) act courteously and not in an inflammatory, harassing, defamatory or abusive way towards Recruit RE staff or any other Platform User;

(d) use the Recruit RE Platform and any associated communication functions in a respectful and professional manner and for the purpose generally contemplated by the Services including for connecting with other Platform Members and communicating for purposes related to employment and recruitment (and not as a general communication platform);

(e) ensure that all information which you submit to Recruit RE (via the Recruit RE Platform or otherwise) is accurate and kept up to date, and is not:

(i) potentially or actually harmful to Recruit RE, any Platform User or any other person;

(ii) false, misleading or deceptive (including but not limited to Employers posting false or misleading jobs or using templates that have not been amended as necessary for the relevant job);

(iii) fraudulent;

(iv) used in any way that infringes on any proprietary or intellectual property rights; or

(v) in breach of any applicable law.

5.2 All information and content including written content, images, videos and documents must comply with the above obligations (c)-(e).

5.3 Platform Users must not disclose the personal information of other Platform Users obtained via the Recruit RE Platform with any third party except with the consent of the relevant Platform User.

5.4 As at the date of these Terms and Conditions, Recruit RE has entered into application program interfacing (API) arrangements with the relevant agencies in NSW and ACT to link verification by those agencies of real estate licence registration and drivers' licences, and may in future enter into API arrangements with other States and Territories, but Recruit RE does not warrant that such information is up to date or correct. Recruit RE has entered into an API arrangement with IDVerse (an OCR labs company) to verify Platform Users identification. Full terms and conditions of IDverse can be accessed here: https://idverse.com/wp-content/uploads/2023/11/20231107TEMPLATE-V4B.0.2023-11Licence-Agreement-for-Small-Australian-Companies.pdf.

5.5 We rely on Platform Users to provide accurate information and assume no responsibility for verifying the information provided. Employers are solely responsible for checking (including reference checks) and verifying all information, credentials and qualifications of Jobseekers (including any work visa and including verifying their identity in-person as the Jobseeker they have connected with on the Recruit RE Platform) prior to offering employment. Use of our directories to locate talent or prospective employees is wholly voluntary and, to the extent permitted by law, in no event will we or any of our agents be liable for damages to any Recruit RE users for the selection of a Jobseeker or Employer, or for any other loss or damage which may occur as a result thereof.

5.6 Jobseekers and Employers are solely responsible for their recruitment or employment choices and the parties are solely responsible for their obligations under any applicable contracts including any employment contracts.

5.7 If a Jobseeker inputs their current employer’s ABN and/or corporate entity details into the Recruit RE Platform so that their current employer cannot view their profile, Recruit RE disclaims all liability if their current employer can view their profile via alternate means i.e. through a related entity or subsidiary account with Recruit RE.

5.8 If a Jobseeker inputs their career credentials and associated renewal dates (including but not limited to their CPD and real estate qualifications), Recruit RE disclaims all liability in respect of the accuracy of or any reminders associated with the manual date set by the Jobseeker. The CPD passport and Jobseeker portal is a free of charge service offering to assist users with recruitment and storage of their career credentials and any dates input and reminders manually set by the user are not the responsibility of Recruit RE.

5.9 A Platform User may be logged out of the Recruit RE Platform 14 days following them logging in for security and data protection purposes.

5.10 No Platform User is granted access to edit or create an account unless they have super admin access for the relevant account.

5.11 When a Platform User initially begins creating their profile on the Recruit RE Platform they may be emailed a URL to their nominated email address input during sign-up. That URL link may be valid for 48 hours only, and after that time elapses the URL may expire.

Recommendations

6.1 We may, from time to time, allow Jobseekers to recommend Employers. While we verify that feedback comes from a Jobseeker, the content of the feedback is the Jobseeker's opinion. The ratings are a collation of Jobseeker feedback and do not constitute an endorsement or recommendation by us in connection with any Employer. Recommendations are not a substitute for a Jobseeker making their own inquiries as to the suitability of any potential Employer that the Jobseeker is considering employment with.

6.2 You acknowledge that in submitting any feedback as a Jobseeker you will act honestly and fairly and that you will not do anything which might unfairly damage the reputation of an Employer or undermine the operation of the recommendation system. We reserve the right to remove feedback from the recommendation system which we deem to be inappropriate or deceptive in our absolute discretion.

Copyright and Information

7.1 Recruit RE does not claim ownership in all of the original content submitted or posted by you to the Recruit RE Platform, but to publish this content we must have certain rights to use such content in connection with the Recruit RE Platform. By registering an account with Recruit RE, you grant Recruit RE an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, licence (with the right to sublicense through unlimited levels of sublicences) to use, copy, perform, display, create derivative works of, and distribute such content in any and all media (now known or later developed) throughout the world.

7.2 Files that you upload, public messages that you send and your activity in dialogue, discussion, and forums on the Recruit RE Platform are subject to review, modification and deletion without notice. You should be aware that personally identifiable information you choose to disclose on the Recruit RE Platform may be used by third parties and such use may be beyond our control.

7.3 You must not post any information which:

(a) is libellous, defamatory, obscene, offensive, sexually explicit, fraudulent, false, unlawful, or contrary to the ownership or intellectual property rights of any other person; or

(b) contains any virus, worm, trojan or other code which is contaminating or destructive to the files, data or programs of the Recruit RE Platform or any of our users.

7.4 The entire contents and design of the Recruit RE Platform, including all trade marks, text, images and audio and video files, is proprietary to us or our content providers and is protected by copyright laws. The Recruit RE Platform is for your personal, non-commercial use. You may not reproduce, modify, copy, distribute, transmit, communicate, display, publish or use any material contained on the Recruit RE Platform and/or our e-newsletters without our express prior written permission or the permission of the relevant copyright owner. You may not use any of the information or content on the Recruit RE Platform for commercial purposes or to establish, operate or maintain your own product or service offering. You acknowledge that any breach by you of this paragraph may cause damage to us which cannot adequately be remedied by damages and that if you breach or act in a way which threatens to breach this paragraph, we may seek injunctive relief against you.

Subscription and Pricing

8.1 When you subscribe to the Recruit RE Platform as an Employer, you will be charged periodically for the price of the subscription service and for a minimum period of 12 months from the date you subscribe.

8.2 You must ensure that your nominated payment method will allow Recruit RE's third party payment service provider to debit the subscription price on your billing dates. If your payment is dishonoured, we may suspend your subscription and access to the Recruit RE Platform until such time as you pay all monies outstanding including any dishonour or other bank fees or any third-party recovery agent fees. We are not liable to you for suspending your subscription and access to the Recruit RE Platform.

8.3 Your payment method automatically will be charged at the start of each subscription period and if you have elected to pay on a monthly basis, monthly thereafter for the fees and taxes applicable to that period. To avoid auto-renewal of your subscription, you must cancel before the renewal date.

8.4 You may provide to us notice to cancel auto-renewal at any time during the term of your subscription by contacting us and indicating that you wish to cancel auto-renewal of the subscription. If you have elected to pay on a monthly basis, whilst we can cancel the auto-renewal of your subscription before expiry of the term you will not be able to cancel your annual subscription until the 12-month term has expired and will be obliged to continue to make monthly payments until the end of your subscription period.

8.5 In order to accept payments, Recruit RE engages third party payment service providers. These providers may charge transaction fees, depending on the payment method you choose. Any such fees will be displayed on the payment confirmation page.

8.6 Unless otherwise stated, all amounts set out in these Terms and Conditions or on the Recruit RE Platform are exclusive of GST.

8.7 Employers or Jobseekers that obtain paid services from Industry Partners must pay that Industry Partner directly for any services you agree to acquire in accordance with the terms of the Industry Partner's supply contract, and any payment will be made off the Recruit RE Platform.

8.8 As a Platform User, the rights and obligations arising from either:

(a) the services you receive from an Industry Partner;

(b) you or the Industry Partner cancelling the services; or

(c) you disputing any amount claimed by the Industry Partner,

will be contained in the terms of the applicable Industry Partner supply contract and Recruit RE disclaims any responsibility in respect of arrangements between Employers/Jobseekers and Industry Partners.

Payments from Industry Partners

8.2 Recruit RE discloses that Recruit RE receives remuneration from Industry Partners listing on Recruit RE's Platform or which are otherwise affiliated, endorsed or sponsored by Recruit RE.  

8.3 Payments to Recruit RE from Industry Partners are usually by way of regular subscription fees to Recruit RE's Platform but may also be via commission, referral fees, lead fees, sale fees or volume bonuses for any specific service, or a combination of any of these.

8.4 Any remuneration we may receive from Industry Partners does not mean that we endorse those service providers or their products, and Platform Users must satisfy themselves as to the suitability of any service providers for the service or product required.

Use of the Recruit RE Platform

10.1 Except as required by the Consumer Guarantees, your use of the Recruit RE Platform is at your own risk. You are responsible for taking all precautions you believe necessary or advisable to protect you against any claim, damage, loss or hazard that may arise by virtue of your use of the Recruit RE Platform.

10.2 Neither we nor anyone else involved in creating, producing or delivering the Recruit RE Platform, our e-newsletters, or the materials contained therein assumes any liability or responsibility for the accuracy, completeness or usefulness of any information provided therein, nor, to the extent permitted by law, will any of them be liable for any direct, indirect, incidental, special, consequential or punitive damages arising out of your use of, or inability to use, the Recruit RE Platform.

10.3 You must not use any means of automatically searching or mining data from the Recruit RE Platform or in any way interfere or attempt to interfere with the proper operation of the Recruit RE Platform.

10.4 You agree not to take any action that imposes an unreasonable burden on our infrastructure or otherwise tampers or interferes with the Recruit RE Platform, our systems or data or those of any third party via the Recruit RE Platform.

10.5 Where Recruit RE provides any links to third party websites or services, Recruit RE accepts no responsibility for the content of any third party website and any use of that website or service will be subject to the terms and conditions of that website or service. The appearance of any product, service or web site link on the Recruit RE Platform does not imply endorsement, approval or warranty by us and we disclaim all liability with regard to any such products, services or web site links.

Disclaimer under Australian Consumer Law

11.1 Under the Australian Consumer Law, you are entitled to certain guarantees in relation to our supply of the Recruit RE Platform which cannot be excluded, restricted or modified (Consumer Guarantees).

11.2 To the extent permitted by law, our liability for failure to comply with a Consumer Guarantee is limited (at our option) to the supply of the services again, or the payment of the cost of having the services supplied again.

11.3 Subject to the Consumer Guarantees:

(a) the Recruit RE Platform is provided on an 'as is, with all faults and as available' basis and to the extent permitted by law without any warranties of any kind, either expressed or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, warranties of title or non-infringement, or warranties arising from course of dealing or custom of trade;

(b) we make no representation or warranty that any content of the Recruit RE Platform is accurate, complete, appropriate, reliable or timely (including response times in relation to contact between Platform Users); and

(c) we also make no representation or warranty that your access to and use of the Recruit RE Platform will be uninterrupted, secure, error-free, free of viruses or unauthorised code or other harmful components.

11.4 We reserve the right to discontinue operating the Recruit RE Platform at any time without notice.

Other Disclaimers

12.1 To the maximum extent permitted at law:

(a) Recruit RE disclaims all implied warranties, including warranties of title, merchantability, fitness for a particular purpose, due care and skill and non-infringement;

(b) Recruit RE disclaims all liability for loss or damage (actual, special, direct, indirect and consequential) of every kind and nature whatsoever and howsoever caused or arising, including but not limited to loss or damage caused or arising from an authorised or unauthorised act or omission, contemplated or uncontemplated act or omission, known or unknown act or omission, negligence, breach and fundamental breach of contract, lack of fitness for purpose or otherwise related to or connected with:

(i) the supply of the Recruit RE Platform or Services or your suspension from access to the Recruit RE Platform or Services;

(ii) any transaction of any kind between Recruit RE Platform Users, including in relation to the terms of, performance or non-performance of, payment under, or liability arising from any contract (including any employment contract);

(iii) any transaction of any kind between a consumer and any third party; or

(iv) any damage of any kind to property, or personal injury, caused or incurred by any user or third party.

(c) Recruit RE disclaims all liability for indirect, incidental or consequential loss or damage of any kind (including, without limitation, lost profits or lost savings) relating to the Recruit RE Platform or Services; and

(d) Recruit RE is not liable to any user for any delay or non-performance of our obligations under these Terms and Conditions arising from any cause beyond our control including, without limitation, act of God, governmental act, war, fire, flood, explosion or civil commotion.

Your Acknowledgements and Liability

13.1 Subject to the Australian Consumer Law and the Consumer Guarantees, Recruit RE has no obligation to deliver the Recruit RE Platform or Services, makes no representation or warranty and accepts no liability whatsoever in respect of the Recruit RE Platform or Services (except to the extent that cannot be excluded under any consumer law or other law, which will remain in full force and effect).

13.2 To the maximum extent permitted by law, you will be responsible and liable to us for all actions, claims, proceedings, costs, damages, losses and expenses (including, without limitation, legal fees) incurred by us, and each of our officers, directors, employees and agents, arising out of, or in any way connected with:

(a) your use of the Recruit RE Platform or Services;

(b) your breach of these Terms and Conditions;

(c) your breach of a service contract for provision of services requested through the Recruit RE Platform; or

(d) your breach of any applicable laws.

Indemnification

14.1 You agree to indemnify, defend and hold harmless us and our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable solicitor's fees, resulting from any breach of these Terms and Conditions or any activity related to your Recruit RE account (including infringement of third parties' intellectual property rights anywhere in the world or negligent or wrongful conduct) by you or any other person accessing the Recruit RE Platform using your account. This indemnity does not apply to the extent that we acted negligently or wilfully engaged in misconduct.

Waiver, Release and Limitation of Liability

15.1 Except in respect of the Consumer Guarantees and to the extent permitted by law, you agree that neither we, nor our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers will have any liability to you or indemnity in connection with your use of the Recruit RE Platform. Our liability for any claim arising from a breach of any term or condition implied by any law which may not be excluded (including, without limitation, the Consumer Guarantees) will be limited to the maximum extent permissible which, in the case of services, will be to the re-supply of the relevant services or the payment of the cost of having the relevant services re-supplied.

15.2 Notwithstanding the foregoing paragraph, except in respect of the Consumer Guarantees and to the extent permitted by law, the total liability of us, our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers, if any, for any loss or damage arising in connection with the Recruit RE Platform will not exceed the amount of fees paid by you for the particular information or service provided.

15.3 Except in relation to a Consumer Guarantee, neither we, nor any of our affiliates, directors, officers or employees, nor any third party vendor will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of the Recruit RE Platform, or resulting from the act or omission of any other party involved in making the Recruit RE Platform or the information contained therein available to you, or from any other cause relating to your access to or your inability to access the Recruit RE Platform or that information, except to the extent we acted negligently or engaged in wilful misconduct.

Third Party Rights

16.1 The provisions of these Terms and Conditions are for our benefit and the benefit of our officers, directors, employees, agents, partners, advertisers, information providers, licensors and suppliers. Each of these individuals or entities will have the right to assert and enforce those provisions directly against you on its own behalf.

Miscellaneous

17.1 You may not assign or transfer any of your rights or obligations under these Terms and Conditions without our prior written consent.

17.2 Our relationship with you under these Terms and Conditions is one of independent contractor and not of partnership, joint venture or principal and agent.

17.3 We will send any legal notices or communications regarding your service account to your nominated email address. Please ensure that a valid email address is recorded at all times. A notice sent to you by email will be deemed to have been received by you 24 hours after it was sent, regardless of whether or not you have actually read the notice.

17.4 If any clause or provision of these Terms and Conditions is determined to be illegal, invalid or unenforceable or capable of termination by a party in any jurisdiction in which these Terms and Conditions are to operate, then such clause or provision will be construed, to the extent feasible, to render the clause or provision enforceable. If no feasible interpretation would save such clause or provision, it will be severed from the remainder of these Terms and Conditions without affecting the enforceability of all remaining clauses and provisions.

17.5 These Terms and Conditions are governed by the laws of New South Wales, Australia.