TERMS OF USE FOR BUSINESSES (“Terms”)
These Terms apply to the use of www.thebestrecruit.com.au (“website”) and our services. We may modify and update these terms and conditions at any time. In using this website and our services, you agree to be bound by these Terms as well as any and all general terms and conditions and our privacy policy posted on this website. If you do not accept these terms and conditions you must refrain from using the website.

OUR ROLE
We are a neutral facilitator only. We provide the website and introduction services (“Services”) to enable businesses and candidates to find and contact one another. We do not act in any other capacity and are not affiliated with any of the businesses or candidates in any other manner nor do we promote or recommend one business or candidate over another.

We are not involved in and assume no liability in respect of transactions, contracts or any job, role or experience posted on the website by a business (“Position Vacancy” “Position Vacancies”). We make no representations to any website user as to the accuracy of a Position Vacancy nor do we verify any candidate content or credentials. Businesses must independently verify and make their own assessment of the suitability of any candidate for any particular role or Position Vacancy.

USE OF WEBSITE

MEMBERSHIP
You must become a member and register in order to gain access to our website and services. You must first fill in registration details that are required to gain access as well as pay the 21 day subscription fee in advance.

You agree to ensure that your registration details are accurate, up to date and you ensure that you keep your user name and password confidential and private at all times. This membership and fee is individual per business and may not be shared across businesses, companies, or other commercial ventures irrespective of ownership. For the sake of clarity, each business must ensure they register individually and pay a separate subscription fee.

We can suspend or terminate your membership at any time at our sole discretion for any reason or if you breach these Terms.

CONTENT
By posting any content on the website, you represent that you have the right to and title in this information and content, you own it and have the right to present and publish it. You represent that is true, correct and accurately reflects the advertised Position Vacancy. You also warrant that you are not breaching any regulations, restrictions or third party rights.

If we have reasonable grounds to suspect the information you provide in your profile or on our website is untrue, inaccurate or incomplete, or that you have breached any terms and conditions or legislation on our website, or for any other reason including if, in our opinion, you have breached the purpose of our website, at our sole discretion we have the right to immediately withdraw the advertisement and Position Vacancy and terminate your account. We may also deny the use our website to you in the future and are not obligated to return any subscription or registration monies.

GENERAL
To be eligible to subscribe to this website, you agree to the following Terms:

You warrant:
-that the information you post or advertise on the website, or discuss with any potential candidate is genuine, true and accurate and that the Position Vacancy is a true, legitimate, and current role available for the candidates that may apply;

-that you will only contact or respond to candidates for work experience and opportunities that actually exist and you must not contact a candidate for any other purpose;

-that you will clearly indicate and describe the Position Vacancy at your business;

-that all content you post on our website is accurate, reliable, up to date, lawful, not misleading nor in breach of any Terms; and

-you are not an employment, recruitment agency or in the business of recruitment.

You acknowledge and agree that:
-We do not represent nor do we make any representations regarding any of the candidates who may post their information, work experience or apply for the Position Vacancies. We do not warrant nor make any representations as to the suitability, capability, experience, integrity, availability, health or anything related to any candidate. We do not do any background, police, license, medical, reference or certification nor any checks of any kind on any of the candidates;

-We are a facilitator only for the purposes of permitting businesses to post a Position Vacancy and to permit businesses to contact potential candidates directly to discuss job opportunities and Position Vacancies;

-You cannot hold us responsible or liable in any circumstances for any candidates behaviour, actions or inactions of any kind at any time;

-You can change, alter or remove content as you require provided you comply with these Terms;

- We do not guarantee that any Position Vacancy will be filled or responded to by candidates; and

-It is your responsibility to provide a safe working environment for the candidate(s) and that you will have the relevant and required insurances in place to protect their wellbeing. You agree to comply with all relevant employment laws in relation to the candidate.

The use of our website is intended only for lawful and ethical purposes by businesses posting Position Vacancies and to contact potential candidates directly about Position Vacancies. You may not use it (or encourage or assist others to use it) for any purpose that is illegal, immoral or otherwise prohibited by our terms and conditions or by applicable law. You agree to be responsible to ensure your use of our website complies with these terms and conditions.

You agree that you must evaluate, and bear all risks associated with, your use of any content posted, emailed or otherwise made available through or facilitated by the website. If you violate any of these Terms, we may immediately terminate your access to our website.

INDEMNITY
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR WEBSITE AND THE INTERNET GENERALLY.

You agree to indemnify us to the fullest extent for any claims from candidates for any direct or indirect, consequential or special loss or damage which may result from any Position Vacancy or your interaction with any candidate or any act related to any Position Vacancy.

You also agree we are not liable for, nor responsible for any direct or indirect loss or damage which may caused to you or you may suffer as a result of any candidate, or Position Vacancy you provide. All contracts for any Position Vacancy are solely carried out between you and the candidate(s).

You agree to defend, indemnify and hold us, our officers, directors, members and agents harmless from an against any and all claims, charges, actions, liabilities, investigations, demands and similar including but not limited to any costs, losses, damages whether direct, indirect, consequential or special and all legal fees resulting from (i) your breach of our terms and conditions, (ii) content you may provide to our website, (iii) any activity you may engage in through our website or use of our website, (iv) unauthorised use of our website by you or anyone obtaining use of your registration name and password (v) any claim by any candidate as a result of your actions or inaction.

We are not responsible for the inability at any time to access our website or its content, including whether our website will be free of viruses. You shall have no recourse against us for any alleged or actual infringement of any proprietary rights for anything you post on our website.

PRIVACY
We take your privacy seriously and at all times abide by the Australian Privacy legislation. Any information provided through your use of the website and/or Services are subject to our Privacy Policy, which is available on our website.

Once you have contacted the candidates and provided any details directly to them, we are not responsible for privacy issues which can arise including, but not limited to, sale or distribution of your email address or other details by any candidate or third party.

However, we will maintain the security of the details provided to our website directly and will keep privacy of all businesses, candidates, users and visitors maintained in accordance with the Privacy Policy posted on our website.

You must not sell, distribute, or otherwise make public any candidate information which may be sent to you, obtained or otherwise accessed by you and you agree to keep all correspondence and candidate details private and confidential unless otherwise agreed with the candidate.

GOVERNING LAW
These Terms are governed by the laws of NSW Australia, and the parties unconditionally subject themselves to the jurisdiction of the courts of NSW. The Terms shall be binding and to the benefit of the parties hereto and their successors and assigns.


DEFINITIONS
“business” “you” “your” means you, as business owner and your business that registers and posts a Position Vacancy on the website and all of your subsidiaries, affiliates and associates.
“candidate” means any candidate that applies for or is approached regarding a Position Vacancy.
“we”, “us”, “our”, means The Best Recruit (ABN 85 508 341 756) and www.thebestrecruit.com.au