These terms and conditions
govern all Hirers (defined as "Hirer", "you" and "your") that use the Site or any features of the Site (including the Marketplace).
Your access to and use of the information, materials and services provided on this Site is conditional upon your acceptance and compliance with the Terms.
Depending on what level of service you choose, there may be other terms that govern your relationship with Onploy in conjunction with these Terms.
The Site is owned and operated by Talent Solutions Pty Limited, operating under the trade name Onploy defined as ("Onploy", "we", "us" and "our").
Your continued use of this Site will be deemed as acceptance of these Terms by you.
In these Terms the following definitions apply:
"Active Communication" means continuous and direct, back & forth communication, in an active recruiting or hiring context where a decision to put a Candidate on hold or reject has not been made, within the three (3) months prior to that Candidate being listed in your Marketplace.
"Agreement" means the written agreement between you and Onploy relating to your access to Onploy's services.
"Candidate" means a candidate that has created an Onploy Profile to obtain services offered by Onploy.
"Conversion Fee" means the then current amount/s as outlined in the Agreement as amended by Onploy from time to time.
"Employ" means the employment a Candidate by a Hirer on an employment contract.
"Marketplace" means the forum made available to Hirers via this Site that allows Hirers to view Onploy Profiles, and communicate directly with Candidates.
"Onploy Profile" means a profile of a candidate that may include the following information about a Candidate: contact details; employment history and preferences; visa information; information about education and any certificates held; and other information which a Candidate provides to help determine their suitability for jobs.
Onploy may vary these Terms at any time. If Onploy varies these Terms, it will provide notice by publishing the varied Terms on the Site.
You accept that by doing this, Onploy has provided you with sufficient notice of the variation to its Terms.
In order to access the services offered by Onploy, you must enter into an Agreement with Onploy. You are not required to pay any fees to access the Marketplace.
If you Employ a Candidate within six (6) months of the time that Candidate was first listed in your Marketplace, you will be liable to pay the Conversion Fee to Onploy, unless you can demonstrate to Onploy that:
the Candidate initiates contact with you directly (without any prompting from you) to enquire about the possibility of being employed,
in which case the Conversion Fee will not be payable.
If you pay the Conversion Fee and the Candidate Employed ceases to be employed within 90 days of commencing their employment (other than where the employment or engagement was due to redundancy or a fundamental change to the job the Candidate was employed or engaged to do), Onploy will refund you the Conversion Fee.
You must provide Onploy with any documents reasonably requested by Onploy to determine the value of the Employed Candidate’s employment contract.
Onploy may vary the Conversion Fee at its discretion from time to time. Onploy will give you no less than 30 days' notice prior to a Conversion Fee variation becoming effective. If you Employ a Candidate within six (6) months of the time that Candidate was first listed in your Marketplace, the Conversion Fee payable will be the then current Conversion Fee at the time that Candidate was first listed in your Marketplace.
You may terminate your Agreement with Onploy (including your access to the Marketplace) at any time by providing at least one months’ written notice to the Onploy.
Your obligation to pay the Conversion Fee in clause 4 survives termination of your Agreement with Onploy.
All amounts owing to Onploy will invoiced to you and payable within 30 days of invoice.
Payments using American Express or Diners Club credit cards incur an extra charge of 3.02% (including GST) for American Express, or 2.46% (including GST) for Diners Club, of the Onploy payment amount. The rates are the same that Onploy is charged by American Express and Diners Club.
If you do not pay your account on time Onploy may disable your account without notice and refuse to supply further services to you.
You agree that pursuant to the Privacy Act 1988 (Cth), Onploy may obtain from either a credit reporting agency or other credit providers personal credit information about you and/or your directors or a consumer credit report about you for the purpose of collecting overdue payments relating to commercial credit owed by you.
You agree that Onploy may disclose this information to a credit reporting agency or any other interested person.
Onploy retains all intellectual property rights subsisting in any of the goods and services provided to you by Onploy.
Onploy provides no warranty to you that services generally available through the Site will be uninterrupted or error free. Except where we are unable to exclude our liability by legislation, we, our officers, employees, agents and contractors will not be liable in any way to you or anyone else for any loss or damage, however it arises (whether in contract, tort including negligence, or otherwise) out of or in connection with your access and use of the Site.
In the case of goods or services supplied or offered via the Site, liability for breach of an implied term which cannot be excluded by legislation, is limited at our option to either, the supply of the goods or services (or the equivalent goods or services) again or the payment of the cost of having the goods or services supplied again.
Our limitation of liability under these Terms applies to direct, indirect, consequential, special, punitive or other damages that you or others may suffer, as well as damages for loss of profit, business interruption or the loss of data or information, even if we are informed of their possibility.
Onploy cannot and does not guarantee or warrant to the you that files available for downloading through the Site or delivered via electronic mail through the Site, or features and products available through the Site, will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
Onploy acts as a medium through which individuals seek employment opportunities. Onploy does not vet, nor is it responsible for vetting, candidates or the representations made by them whether oral or in writing - including those representations appearing in candidates' resumes.
Onploy reserves the right at all times without the need to have to provide any notice to you, to alter the functionality and/or appearance of its products and services available from Onploy or the Site itself.
You warrant and agree that:
You may not assign or transfer any rights and obligations pursuant to these Terms to any other person or entity without Onploy's prior written approval (which will not be unreasonably withheld). If you are a company, any change in your effective control shall be deemed an assignment for the purpose of this clause.
You indemnify and will keep indemnified Onploy, its officers, employees and agents against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by Onploy in connection with:
You agree at all times to deal with any information or products provided by Onploy or accessed from the Site in a manner which abides by all applicable laws of Australia, or of any other relevant jurisdiction (including, without limitation, privacy and copyright laws).
Except as otherwise permitted under these Terms, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Site including code and software.
You may not use data mining, robots, screen scraping, or similar automated data gathering, extraction or publication tools on this Site (including without limitation for the purposes of establishing, maintaining, advancing or reproducing information contained on our Site on another website or in any other publication), without Onploy's prior written approval.
You may not use the Site to post any pyramid scheme on the Site and you also may not ask or require any Candidate to pay a fee, charge, cost or any money whatsoever to apply for any job.
You may not use any feature of the Site to send any unsolicited commercial electronic messages to candidates, whether individually or as a group. Candidate management tools may only be used to communicate with Candidates in the Marketplace.
You must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to Onploy without Onploy's prior written approval.
Any ‘personal information’ (within the meaning of the Privacy Act 1988 (Cth)) of any candidate that you obtain through your use of the Site or any features of the Site or products offered on the Site (including candidate profiles received by you) must only be used by you in relation to your genuine employment and/or recruitment activities.
Selling or offering any services or any products (such as learning or educational courses or tools) to candidates whose personal information you have obtained through your use of the Site (including job applications received from candidates) is considered by Onploy to be a misuse of candidate data, and is prohibited.
You may not under any circumstances provide any candidate personal information you have obtained through your use of the Site (including job applications received from candidates) to any other party, including to any affiliate or related party of yours (unless Onploy has otherwise consented to this). This restriction on forwarding personal information applies irrespective of whether you receive direct financial benefit for doing so.
Onploy takes its obligations under the Privacy Act 1988 (Cth) extremely seriously, and is resolute in its determination to prevent the misuse of candidate data. If Onploy believes that you have misused candidate data for any reason, Onploy reserves the right to:
Your access to the Marketplace (and the functionality contained therein) will be via a secure login username and password (the Password). The Hirer is responsible for:
You are responsible for the use of the Password issued by Onploy to enable users to gain access to the Marketplace, whether the use is by authorised users or any other person. Any act or omission by an authorised user in respect of the use of the Password that breaches these Terms will be deemed a breach of these Terms by you.
Once access to the Marketplace has been granted to you by Onploy, the Hirer will have access to the Marketplace and the functionality therein, unless such access is terminated by us in accordance with these Terms.
You may only discuss opportunities with Candidates that are in respect of a genuine employment opportunity that is current as at the time of communication and for which you are currently recruiting. Onploy reserves the right to request any information from you that it deems necessary to verify that a genuine employment opportunity exists.
You are only allowed to communicate with a Candidate via the Marketplace, and are prohibited from initiating direct electronic communication with a Candidate via any other forum. In the event that it is discovered that you have offered a Candidate employment via a forum other than the Marketplace you will still be liable to pay the Conversion Fee.
Onploy may review communication between you and a Candidate in the Marketplace in order to ensure compliance with these Terms.
Except for information that is 'personal information' (as that term is defined in the Privacy Act 1988 (Cth)), all data stored on the site on behalf of the Hirer is owned by the Hirer, and not Onploy.
It is the Hirer's responsibility to ensure that it has the necessary computer hardware and software systems in place to access and utilise the Hirer Centre.
Onploy reserves the right to terminate your agreement with Onploy if you utilise any feature of the Site or Onploy product in any way which is in breach of any of these Terms.
Termination of our agreement with you as a result of you breaching any one or more of these Terms, will not end provisions of these Terms that are capable of surviving termination.
These Terms are governed by the laws of Victoria. Hirers irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of Victoria, and waive any objection to legal action being brought in those Courts on the grounds of venue or inconvenient forum.
Last updated: 23 Jan 2018
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