Terms and Conditions
In this document, the following definitions apply:
Additional Conditions means the additional conditions which apply to Businesses and Candidates as set out in Schedule 1 and Schedule 2.
Authorised User means the directors, employees, contractors or agents of each Business
Business means a person who:
- posts Content on the Platform; or
- otherwise engages a Candidate as a result of the Services.
Candidate means a Labour Hire Candidate or an Independent Candidate.
Content means all data input into the Platform, or otherwise provided to us in connection with the Platform or the Services.
Independent Candidate means a person who is engaged directly by a Business on terms provided by the Business.
Indirect Loss means any one or more of the following: economic loss, loss of actual or anticipated profits, loss of revenue, loss of savings, loss of production, loss of business, loss of opportunity, loss of access to markets, loss of goodwill, loss of reputation, loss of credit, loss of publicity, loss of data, loss of use, loss of interest and loss arising from business interruption.
Intellectual Property Rights means all present and future intellectual, industrial or proprietary rights conferred by statute, at common law or in equity anywhere in the world, whether issued or pending, registered or unregistered, including all forms of copyright, patents, trade marks, designs, trade secrets, know-how, confidential information and circuit layouts.
Labour Hire Document means a document on the same, or substantially similar terms, to those set out under the ‘Labour Hire Terms’ on the Website.
Labour Hire Candidate means a person who has entered into a Labour Hire Candidate Document with us
Labour Hire Candidate Document means the document entered into by each Labour Hire Candidate with Enabled Employment.
Platform means the Enabled Employment recruitment and personnel placement platform which is made available through the Website.
Personal Information has the meaning given to it in the Privacy Act 1988 (Cth).
Sensitive Information has the meaning given to it in the Privacy Act 1988 (Cth).
Services means the recruitment and personnel placement services provided by Enabled Employment through, or in connection with, the Platform.
Fee means the Labour Hire Fee, the Candidate Placement Fee, and the Listing Fee as applicable in the circumstances.
User Account has the meaning given to it in clause 4.
We, us and similar expressions means Enabled Employment Pty Ltd ABN 31 167 671 552, Suite D04, 49 Phillip Avenue, WATSON ACT 2602
You, your and similar expressions means you, the user.
What is the Enabled Employment Platform
- The Platform is provided by Enabled Employment ABN 31 167 671 552. The Platform is made available to users (whether Businesses or Candidates) subject to the following terms and conditions, including the applicable Additional Conditions. These terms and conditions govern your access to the Platform and use of the Services.
- Subject to these terms and conditions, Businesses and Candidates may post Content on the Platform setting out details of particular positions which they are seeking to fill. The Platform facilitates the placement of Candidates with Businesses but does not seek to regulate the terms of that placement. You acknowledge that you will be required to enter into a separate document which sets out the terms of that relationship.
Accepting the terms
- By accessing and using the Platform you agree to be bound by the most current version of the terms and conditions published at enabledemployment.com (Website). We may update these terms and conditions from time to time, effective on publication. You agree to periodically check the terms and conditions published on our Website.
- In order to access the Platform you will need to create a User Account and register with us.
- You may elect to register with us as a Business, a Labour Hire Candidate, an Independent Candidate or both a Labour Hire Candidate and an Independent Candidate.
- You must enter account information which is true and correct.
- On creation of a User Account you will receive a password which will allow you to access the Platform. You must keep your password and User Account details safe and secure, and not disclose either to any third party without our prior written approval.
- You are responsible for all use of Platform, including any fees incurred, through your User Account.
- You must not create more than one User Account.
Right to use the Platform
- Subject to the creation of a User Account, we grant you a limited, non-transferable, non-exclusive right to access and use the Platform in accordance with these terms and conditions.
- We are the owner of all right, title and interest in the Platform and the underlying software. You must not, and must ensure that each Authorised User does not, in any way challenge or impair, our ownership of or right to, any Intellectual Property Rights in the Platform or the underlying software.
- Neither you, nor any Authorised User, acquires any proprietary interest in any Intellectual Property Rights in the Platform or the underlying software other than as expressly set out in this document.
- You must notify us and must ensure that each Authorised User notifies you immediately:
- if a claim is made against you or an Authorised User that the use of the Platform by you, or that Authorised User infringes the Intellectual Property Rights of any third party; or
- in the event of any infringement, or suspected or threatened infringement, of the Intellectual Property Rights in the Platform or underlying software.
- Your right to access and use the Platform does not confer any right to exploit or deal with any Content other than as expressly set out in these terms and conditions. In particular, you must not:
- use the Content to provide a service to a third party (whether for a fee or otherwiseother than as set out in these terms and conditions;
- commercialise or exploit the Content in any way;
- copy, reproduce, publish, broadcast or communicate to the public Content posted by other users;
- decompile, reverse engineer, modify or make derivative works of all or part of the Content;
- remove, alter or obscure any notice, logo, trade mark or identifying mark from the Content; or
- do or permit any further activity which we notify you is forbidden.
- Trade marks belonging to us may be displayed on the Website. Any trade marks so displayed may not be used without our prior written approval.
- We may also display other names and logos on the Website that are trade marks of other third parties. You must not use those trade marks without our prior written approval or the prior written approval of the relevant third party owner.
Availability of Platform
- We will use reasonable endeavours to make the Platform available for use by you on a 24 hours a day, seven days a week basis, however you acknowledge and agree, on your behalf and on behalf of your Authorised Users, that continuity of the Platform is not guaranteed and that the Platform is provided on an ‘as is’ basis. In particular, you acknowledge that there will be circumstances where the Platform may be unavailable, or its availability may be limited, due to factors including:
- routine or emergency maintenance;
- updates, upgrades or other development activity;
- technical malfunctions of the underlying software, equipment or infrastructure (e.g. telecommunications connectivity, network congestion or delays);
- the occurrence of a force majeure event as set out in clause ; or
- the application of clause 15.
- We may temporarily limit or suspend the availability of the Platform to you or your Authorised Users if:
- you, or an Authorised User, breach these terms and conditions;
- it is necessary for reasons of public safety, security or maintenance of the Platform or underlying software, interoperability, data protection or to perform work that is necessary for operational or technical reasons; or
- we are unable to verify or authenticate any Content provided by you.
Modifying, suspending and terminating the Platform
- We reserve the right at all times without providing any notice to you, to alter the functionality or appearance of the Platform or the Services we provide through the Platform.
- Without limiting any other provisions of this document, you must not, and must ensure that each Authorised User does not:
- use the Platform in a manner or for a purpose which is improper, immoral or fraudulent, or which infringes any person’s Intellectual Property Rights, or which restricts or interferes with the provision of the Services by us to any other users;
- permit or authorise any third party who is not an Authorised User to access or use the Platform or the Services;
- reverse engineer, reverse assemble or reverse compile or copy or duplicate or modify or make derivative works of or re-sell all or part of the Platform (or any Intellectual Property Rights in the Platform or the underlying software owned by us or our licensors;
- take any deliberate action with the intention of placing an unreasonable burden or excessive load on the operating system;
- gain or attempt to gain unauthorised access to the Platform or Services, computer systems or networks connected to the Platform or Services, including through hacking, password mining or any other means; or
- do not advertise any other website, blog, service similar to the Services or platform similar to the Platform, without our prior written approval.
- You are responsible for all Content posted by you or by an Authorised User and must ensure that any Content:
- does not breach any law, regulation or standard;
- is not libelous, threatening, abusive, defamatory, obscene, vulgar, profane or indecent, sexual or pornographic in nature, or otherwise contrary to prevailing community standards;
- does not vilify, insult or humiliate any person on the basis of race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
- does not infringe the rights (including Intellectual Property Rights) of any other person;
- does not contain a virus or other harmful component;
- is not false, misleading or deceptive or likely to mislead or deceive; and
- complies with any Content guidelines that we may publish from time to time.
- You warrant that:
- you have the legal capacity to enter into these terms and conditions; and
- where Content is comprised of, or incorporates, any information or Intellectual Property Rights owned by third parties, that you have sourced and secured all rights necessary to provide that Content to us in accordance with these terms and conditions.
- All Intellectual Property Rights in the Content are owned by you. You grant to us a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to use any Content to:
- manage internal reporting requirements and generate reports;
- use Content for statistical purposes, market research and for the promotion and improvement of the Platform and Services;
- analyse user behaviour on the Site;
- use Content to determine the type and incidence of your activities as indicated from your use, and your Authorised Users’ use, of the Platform and Services; and
- generally improve the candidate user experience.
- You agree that we may use the Content to produce a compilation of aggregated data (other than Personal Information), which may include similar data and information from other Businesses and Candidates. We shall own all right, title and interest in and to the aggregated data and information, and may use and commercialise the aggregated data and information at our absolute discretion.
- We may refuse to post, or remove once posted, Content if we are of the view that it does not comply with the requirements set out in these terms and conditions. We may determine this in our absolute discretion.
- Content will be posted for 30 days, although you can choose to expire the advertisement earlier.
- If you receive (or have received) any information about our business affairs or our technology or the processes used or implemented by us (Confidential Information), you must keep that information secure and protected at all times from unauthorised use or access and must take all necessary precautions to maintain its confidentiality.
- You may only disclose Confidential Information:
(a) for the purpose of meeting your obligations or exercising your rights under these terms and conditions; or
(b) if you are required to do so by law or by a legally binding order of any court, provided that you notify us of the proposed disclosure, allow us a reasonable opportunity to comment on the disclosure before it is made and make no disclosure more than is strictly necessary to comply with the relevant law, order or requirement.
- In order to provide you with our products and services, we may collect and use Personal Information about you and others, including Sensitive Information. You consent to the collection of Sensitive Information by us for this purpose.
- To the extent that any Content posted by you or an Authorised User comprises any Personal Information, you warrant that you have complied with your obligations under the Privacy Act 1988 (Cth) in the collection, use, storage and disclosure of that Personal Information, and with any other applicable laws and codes dealing with the collection, storage, use or disclosure of Personal Information.
- In respect of the Platform and Services, we make no representation or warranty to you, or any Authorised User:
(a) that the Platform or Services will be error-free, uninterrupted or compatible with your equipment and software configurations, or the equipment and software configurations of each Authorised User;
(b) that the Platform or Service will be fit for your purposes, or the purposes of each Authorised User;
(c) that use of the Platform or Services will improve your performance or profitability, or the performance or profitability of any other party; or
(d) that any application programming interface will be compatible with your computer network or system to the extent required to provide the full functionality of the Platform or Services.
- You agree that:
(a) the provision of, access to, and use of, the Platform is on an "as is" basis and at your own risk;
(b) you are solely responsible for the operation and availability of the systems used by you and each Authorised User to access the Platform and Services, including telecommunication services, computer networks and the Internet. We are not in any way responsible for any interference to, or prevention of, your access or use of the Platform or Service caused by these matters;
(c) you are solely responsible for determining whether the Platform and Services meet your needs, and whether the Platform and Services are suitable for the purposes for which they will be used; and
(d) you are solely responsible for complying with all applicable accounting, tax and other laws in connection with your access to and use of the Platform and Services, and the access to and use of the Platform and Services by each Authorised User.
- You must take your own precautions to ensure that the use of the Platform by you or an Authorised User does not expose you or your equipment to viruses, malicious computer code or other forms of interference which may damage your equipment or data. You are responsible for and must adopt reasonable measures to limit your exposure to potential loss of and damage to data, including securely storing the source material and backup. We are not liable for any interference or damage to your equipment or data which arises in connection with your use of the Platform, or the Services.
- We accept no responsibility or liability for any errors in your Content and you must check your Content for errors as soon as they are placed on the Platform.
- In order to use the Services, each Candidate must fall within one or more of the following categories:
(a) a person with a disability in the sense that you have limitations, restrictions or impairments which have lasted, or are likely to last, for six months or more and which restrict your everyday activities;
(b) a carer of a person who falls within clause 36(a);
(c) a serving or former member of the Australian Defence Force, DFAT, Customs, AFP or the Emergency Services;
(d) a direct family member of a person who falls within clause 36(c); or
(e) of Aboriginal or Torres Strait Islander descent.
- Each Candidate may be required to demonstrate, to our reasonable satisfaction, that it falls within at least one of the categories set out in clause 36. This may include providing documentation or such other supporting evidence as we reasonably require to confirm the Candidate’s eligibility to use the Services, and to verify any limitations the Candidate may have which make them unsuitable for certain projects. Each Candidate agrees to provide us with accurate information in this respect.
- Each Business acknowledges that Candidates it engages in connection with the Platform or the Services will have specific characteristics associated with one or more of the categories set out in clause 36. A Business may not reject a Candidate on the basis of one of these characteristics.
Limitation of Liability
- Nothing in these terms and conditions is or should be interpreted as an attempt to modify, limit or exclude any right or remedy, or any guarantee, term, condition, warranty, undertaking, inducement or representation, implied or imposed by legislation which cannot be modified, limited or excluded. This may include the Australian Consumer Law, which contains guarantees that protect the purchasers of goods and services in certain circumstances.
- We exclude, to the extent permitted by law, all other guarantees, terms, conditions, warranties, undertakings, inducements or representations whether express or implied, statutory or otherwise, which might otherwise be implied into these conditions concerning the activities covered by these conditions.
- Where any legislation implies or imposes a guarantee, term, condition, warranty, undertaking, inducement or representation in relation to these terms and conditions and we are not able to exclude that guarantee, term, condition, warranty, undertaking, inducement or representation (Non-Excludable Provision), and we are able to limit your remedy against us for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited, at our election, to:
(a) in the case of goods, the repair or replacement of the goods or the supply of equivalent goods (or the payment of the cost of doing so); and
(b) in the case of services, the supplying of the services again (or the payment of the cost of doing so).
Subject to our obligations in respect of the Non-Excludable Provisions, our maximum aggregate liability to you in respect of any claim under or in connection with the activities covered by these conditions, whether arising in or for breach of contract, negligence or other tort, breach of statutory duty, or under an indemnity or otherwise is limited to an amount equal to the fees paid by you in the 1 month period immediately preceding the date on which that claim arose.
In no event will we or any of our officers, directors, employees, shareholders, agents or representatives be liable to you or any third party for any Indirect Loss in connection with the activities covered by these conditions, whether arising in or for breach of contract, negligence or other tort, breach of statutory duty, breach of warranty or guarantee, under an indemnity or otherwise and whether or not that loss was foreseeable, even if we have been advised of the possibility of such loss.
You indemnify and will keep indemnified us, our officers, employees and agents against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by us in connection with:
(a) any breach of these terms and conditions by you or an Authorised User;
(b) any negligent act or omission by you or an Authorised User;
(c) the listing or proposed listing of any advertisement by you or an Authorised User on the Platform;
(d) an actual or alleged breach by you of any law, legislation, regulations, by-laws, ordinances or codes of conduct which occurs a consequence of your advertisement appearing on the Platform; and
(e) any liability we incur (including legal costs) in connection with a claim that your Content infringes the Intellectual Property Rights of a third party.
You are liable to us for the acts, defaults and negligence of any Authorised User as if they were your acts, defaults or negligence.
We reserve the right to terminate or suspend your User Account if you post any Content or utilise any feature of the Platform in any way which is in breach of these terms and conditions.
This document records the entire agreement between the parties in relation to its subject matter. Except as expressly set out to the contrary, this document supersedes all prior contracts, arrangements, understandings or negotiations by, or between, the parties in relation to the subject matter of this document.
If any provision of this document is determined by a court or other competent tribunal or authority to be illegal, invalid or unenforceable then:
(a) where the offending provision can be read down so as to give it a legal, valid and enforceable operation of a partial nature it must be read down to the extent necessary to achieve that result;
(b) where the offending provision cannot be read down then that provision must be severed from the document in which event, the remaining provisions of this document operate as if the severed provision had not been included; and
(c) the legality, validity or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction is not affected, but only to the extent that is consistent with giving substantial effect to the intentions of the parties under this document.
The failure, delay or omission by a party to exercise, or to partially exercise, a right, power or remedy under this document does not operate as a waiver of that right, power or remedy. A party which exercises, or partially exercises, a right, power or remedy maintains its right to further exercise the same right, power or remedy or to exercise another right, power or remedy. A party waives a right, power or remedy only by explicitly doing so in a written notice to the other party and the waiver is strictly limited to the matters specified in the notice.
You must not assign, novate, dispose of, declare a trust over or otherwise create an interest in your rights under this document without our prior written consent, not to be unreasonably withheld.
The rights, powers, authorities, discretions and remedies of a party under this document do not exclude any other right, power, authority, discretion or remedy.
Each party must (at its own expense) do all things that any other party reasonably requires of it to give the other party the full benefit of any obligations owed to the other party and expressed in this document.
All warranties, releases, exclusions and limitations of liability, indemnities, terms with respect to intellectual property, privacy and confidential information in this document will remain valid and binding following expiry or termination of this document. Any other provision by its nature intended to survive expiry or termination of this document survives expiry or termination of this document.
This document is governed by the law of the Australian Capital Territory. Each party submits to the jurisdiction of the courts in the Australian Capital Territory, Australia in connection with matters concerning this document. [MM1]
Schedule 1 – Additional Conditions for Labour Hire Candidates
1. These Additional Terms apply to you if you select the Labour Hire Candidate option in your User Account.
2. You must be 18 years or older to register for a User Account and access the Platform and the Services.
3. You acknowledge that before you accept any offers of employment from us, you will be required to enter into a Labour Hire Candidate Document with us.
Schedule 2 – Additional Conditions for Independent Candidates
1. These Additional Terms apply to you if you select the Independent Candidate option in your User Account.
2. You must be 18 years or older to register for a User Account and access the Platform and the Services.
Schedule 3 – Additional Conditions for Business
1. These Additional Terms apply to you if you are a Business.
2. In consideration for the provision of the Services by us, you agree to pay to us the following fees:
(a) for each advertisement listed by you or an Authorised User, you will pay to us the listing fee (Listing Fee);
(b) if you engage a Candidate under a labour hire arrangement, you will pay to us the labour hire fee (Labour Hire Fee); and
(c) if you employ a Candidate, you will pay to us the Independent Candidate placement fee (Independent Candidate Placement Fee),
3. The amount of the Listing Fee, Labour Hire Fee, and Candidate Placement Fee, will be the applicable amount set out on the Website at the time you acquire the relevant Services from us.
4. We will issue a tax invoice for the Service Fee as follows:
(a) for the Listing Fee, at the time you confirm and place your advertisement on the Platform;
(b) for the Labour Hire Fee, on a weekly basis commencing on the date you engage the Labour Hire Candidate; and
(c) for the Candidate Placement Fee, on the date you engage the Independent Candidate.
5. You must pay any tax invoice issued to you by us within 7 days.
6. If you fail to pay a tax invoice when due, then:
(a) all money you owe to us becomes immediately payable;
(b) we may suspend your access to the Platform, or the provision of the Services to you, until payment is made in full;
(c) you must pay, in addition to the amount outstanding, interest at the rate equal to the maximum rate charged by our primary bankers on overdrafts in excess of $100,000 from the due date until the date on which payment is received in full; and
(d) you must pay all reasonable expenses incurred by us in enforcing our rights under this clause, including, but not limited to, all expenses of any legal proceeding and all reasonable attorneys' fees incurred in connection with such action.
7. The following actions in respect of Content posted on the Platform will be classified as a new posting for which additional fees are payable:
(a) copying Content to create multiple entries;
(b) reposting Content which has been archived or deleted;
(c) extending or renewing the period for which Content is displayed; and
(d) refreshing Content, for example deleting and re-posting the same or substantially similar Content.
Inactive User Accounts
8. We reserve the right, in our sole discretion, to delete any User Account that has been inactive for more than 12 months. We consider a User Account to be inactive if you, or an Authorised User, has not logged into that User Account at least once within a 12 month period.
9. All consideration for any taxable supply provided for by this document is exclusive of GST unless the contrary is clear. The amount of that consideration must be increased by an additional amount equal to the GST on that taxable supply. The party who has to pay the additional amount must pay it at the same time as the consideration in respect of that taxable supply becomes due or, if the supplier has to pay (or allow credit against) the relevant GST before then, the additional amount must be paid at that earlier time.
10. A party is not obliged to make payment of GST unless it is provided with a valid tax invoice which complies with the legislation and regulations governing GST.
11. It is your responsibility to ensure that where any tax exception is claimed, that claim is supported in writing by the quotation of a valid exemption reference number or you provide us with a notice of exemption in the format prescribed by the relevant law. If, in our absolute discretion, there is any doubt as to the validity of a claimed exemption, we reserve the right to charge the tax.
Suitability of Personnel
(a) conduct police checks or background checks on Candidates;
(b) verify or validate a particular Candidate’s experience other than conducting the initial interview; or
(c) verify or validate that the Candidate has any necessary licences or accreditations required to satisfy your requirements (eg a valid current forklift licence).
13. We make no representation or warranties as to the suitability of any Candidate for any Business, or of any Business for any Candidate. We are not responsible for any loss, expense, damage or delay arising from failure to provide labour requirements as requested for all part of the period booked.
(a) they are unable to perform the tasks required by your Business to the standard required, such tasks falling within the tasks set out in the advertisement posted on the Platform; or
(b) they act in a manner which breaches the labour hire document,
we may, in our absolute discretion, determine to replace that Labour Hire Candidate at no cost to you, or offer you a refund of the Labour Hire Fee for that Labour Hire Candidate if, we are unable to locate an acceptable replacement.
Occupational Health and Safety
15. You must ensure:
(a) the health, safety and welfare at work of each Labour Hire Candidate and provide full and adequate training where required;
(b) the use of safety clothing and equipment by each Labour Hire Candidate at all times, where applicable;
(c) all necessary induction, training, instructions and supervision is provided at the highest standards required by the federal and state occupational health & safety legislation and that your equipment, premises and employees meet those standards at all times. You must inform us of any accidents or incidents which involve a Labour Hire Candidate immediately upon becoming aware of such accident or incident.
Conversion to Permanent Employee
16. You must contact us if you wish to directly employ a Labour Hire Candidate, or if a Labour Hire Candidate requests you to employ them.
17. You agree to pay to us the Candidate Placement Fee if, during the period you maintain a User Account, or within 12 months after your User Account is deleted (either by you or by us), you or any related entity employs a person you previously engaged as a Labour Hire Candidate on a permanent basis.
18. Subject to clause 17 of Schedule 3, you agree that for the period you maintain a User Account, and for 12 months after your User Account is deleted (either by you or by us), you will not in any capacity on your own account or on the account of any other person solicit or endeavour to entice away from us any Candidate with whom you have come into contact in connection with the Platform or the Services.
Variation of terms by labour hire agreement
19. The terms of this document may be displaced, to the extent of any inconsistency, or supplemented, by the terms of a document between us and you setting out the terms on which you engage a Labour Hire Candidate.