THE RECRUITMENT REVOLUTION MEMBERSHIP AGREEMENT

THE RECRUITMENT REVOLUTION OFFERS YOU ACCESS TO ITS SERVICES ON THE FOLLOWING TERMS AND CONDITIONS:

INTRODUCTION

These Terms govern Your use of the "Site". If You have any questions, please email Us at office@recruitmentrevolution.com.au .  Important words and phrases used in these Terms are set out in a Dictionary at the end of these Terms (clause 18).

You must read, agree with and accept these Terms before You may become registered as a Member of The Recruitment Revolution.

1. THE SITE AND MEMBERSHIP.

1.1 Operation of the Site

The Recruitment Revolution operates the Site as a marketplace where Members may place the Profiles of their Candidates, or advertising in relation to the Confirmed Positions of their Clients.

1.2 Recruitment Agencies

Our services are available only to, and may only be used by, persons or entities which are Recruitment Agencies. Eligibility will be centrally monitored, and if You are found not to be a Recruitment Agency, Your Membership shall be terminated and Your Membership Fee shall not be refunded.

1.3 Transfer

You may not sell or transfer Your interest in Your Membership to any other person or entity.

1.4 User ID and Password

You may not make available Your User ID to any other person or entity.  You must not disclose Your Password to any other person. Where unauthorised persons or entities are using your User ID and Password, Your Membership shall be suspended until the reasons are ascertained. Where, in the reasonable opinion of The Recruitment Revolution, the access to the Site was the result of a breach of these terms, The Recruitment Revolution may terminate Your Membership at its complete discretion.

2. FEES

2.1 Membership Fee

The Membership Fee of is payable upon application for Membership. Membership entitles You to use the Site in accordance with these Terms.

2.2 GST

Fees are exclusive of GST.  You are also responsible for the payment of any and all other applicable taxes.

2.3 No Payment by Candidate

You must not, as part of Your agreement with any Candidate, require the Candidate to contribute any amount in respect of any Fee.

3. PLACEMENTS

3.1 Responsibilities of Split Partners

(a) Where a Member places material on the Site on behalf of a Client, the Member must ensure that every Position so advertised on the Site is a substantiated position. Members may not place material on the Site with the intention of generally harvesting Candidate details from other Members.

(b) Where a Member has placed a Candidate’s Profile on the Site, the Member must ensure that the Candidate has at least one reference check which must be supplied to the Split Partner, where a Placement is initiated.

(c) Where a Member becomes aware of information through the Site, which leads to a Placement, that Member must enter into a Placement Contract with the relevant Split Partner.

(d) If a Split Partner, who becomes aware of a Candidate through information placed on the Site, or through dealings with another Member arising from the Site, places that Candidate in a Position other than the one which has been originally identified, the Member who placed the Candidate’s Profile on the Site must be paid the original Return.

(e) Due diligence in respect of the Candidate and the Confirmed Position are the responsibilities of the respective Split Partners, and We have no responsibility for conducting any enquiry in relation to either the Candidate, his or her Profile, or the Confirmed Position.

(f) A Member must not make contact with the Candidate of another Member except through that other Member, unless authorised in writing by that other Member.

3.2 No Warranty

The Site operates as a market place where Members may place details of Candidates, and may place advertising from their Clients. Notwithstanding that these Terms require Members to comply with certain requirements as to legality and good faith, We make  no representation or warranty in relation  to the quality, fitness for purpose, safety or compliance with any law, of any supply  or the truth or accuracy of any material placed by other Members.

3.3 Disclaimer.

Our communications to Members do not constitute an endorsement of any activity engaged in by a Member in connection with the Site. You are responsible for completing all transactions in which You participate (including monitoring the status of transactions and complying with all relevant legal obligations). We do not endorse or approve details of Candidates or advertising placed by other Members for their Clients. While we seek to prevent Members from using the Site in any manner which is offensive, harmful, or deceptive, We disclaim any and all liability for the posting of material which may have such an effect. We require You to use caution, common sense, and to practice safe use of the Site. You agree that You are solely responsible for managing risks associated with use of the Internet.

4. COMPLIANCE WITH OUR POLICIES.

4.1 Compliance

We have a Privacy Policy which applies to all Members and is incorporated into this User Agreement by reference. You must read and accept our Privacy Policy upon registration in order to use the Site, and You will continue to be bound by its provisions while You are a Member.

You must also read and accept RCSA Code and agree to continue to be bound by its provisions as amended from time to time while You are a Member.

If you do not comply with either of these codes, We may, at our unfettered discretion, terminate Your Membership

5. YOUR USE OF THE SITE

5.1 Candidate Consent

You warrant that You have legal capacity to offer the Candidate for Placement as specified on the Site and that you hold a current Candidate Consent signed by the Candidate.

5.2 Fraud and Compliance with Trade Practices legislation.

Without limiting any other remedies available to Us at law, in equity We may, in our sole discretion, suspend or terminate Your Membership if we reasonably suspect that You have engaged in or plan to engage in a fraudulent activity in connection with the Site or activity which would breach the Trade Practices or Fair Trading legislation of the States, Territories or Commonwealth.

6. YOUR INFORMATION.

6.1 Candidate’s Profile

A Profile must list the skills, experience, location and aspirations of the Candidate to whom it relates, but must not contain any personal information from which the Candidate’s identity could be readily ascertained. A Candidate’s resume must not be placed on the Site.

6.2 Other Restrictions.

Your Information must not:

(a) be false, inaccurate or misleading;
(b) be fraudulent;
(c) infringe, without authorization, any third party's intellectual property rights or rights of publicity or privacy;
(d) violate any applicable law (including, but not limited to, those governing export control, consumer protection, unfair competition, criminal law, anti-discrimination or trade practices/fair trading);
(e) be defamatory or constitute an unlawful threat or harassment;
(f) contain any material that may breach the Broadcasting Services Act 1992;
(g) contain programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information (including but not limited to contain any viruses, Trojans, worms, time bombs, cancelbots, or other computer viruses); or
(i) create liability for Us or cause Us to lose (in whole or in part) the services of our ISPs or other suppliers.

6.3 Licence.

You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to exercise such rights as may be required to provide our services to You, including copyright, moral rights, rights of publicity, and database rights You have in Your Information Such licence shall be capable of sublicensing and in respect of any media now known or not currently known. Where You place advertising material on behalf of a Client, You must do so on terms which provide Us with similar rights in respect of that material.

7. ACCESS AND INTERFERENCE.

7.1 Robot exclusion

The Site contains robot exclusion headers and You agree that You will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained therein without our prior express written permission. You agree that You will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted through the Site.

7.2 Reasonable Use

You shall not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

7.3 No Copying

Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to Us by our users or third parties. You must not  copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from the Site without our prior express written permission.

7.4 Linking

While We encourage You to link Your business website to the home-page of the Site, You must not engage in deep-linking to other pages in our Site, or engage in framing any of the pages of our Site on any site operated by You.

8. RELATIONSHIP WITH OTHER MEMBERS

8.1 Competition

You acknowledge and agree that You will continue to compete with other Members in relation to new business, and that You will not use Your membership in a way which is anti-competitive. Furthermore, You will treat any information which is disclosed to You about other Members’ businesses as confidential, an not use it in any way which is unfair, or gives You an advantage over them.

8.2 Disputes.

Where You have a dispute with another Member, You release Us from all liability whatsoever, arising out of or in connection with any dispute between You and any other Member. Where such a dispute does arise the Member must submit to a mediator approved by both parties.

9. BREACH

Without limiting other remedies available to Us at law, in equity, We may, in our sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate Your Membership and refuse to provide our services to You if:

(a) You breach these Terms;
(b) We are unable to verify or authenticate any of Your Information; or
(c) We believe that Your actions may cause legal liability for You, our Members or Us.

10. INSURANCE

You must maintain Your own professional indemnity insurance at level which will enable You to meet Your obligations under these Terms. We may require You to produce evidence of satisfactory insurance from time to time. Where, in Our reasonable opinion, the level of insurance is insufficient, We may request that You increase Your cover. Failure to do so on request may result in Our suspending or terminating Your membership.

11. LIMITATION OF LIABILITY

11.1 As Is

We provide the Site and services on an "as is" basis and without any warranty or condition, express, implied. To the extent permitted by law, We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Furthermore We do not guarantee continuous, uninterrupted or secure access to our Site, and You acknowledge that  the operation of the Site may be interfered with by factors outside our control.

11.2 Trade Practices Act

To the extent that We are able to limit Your remedies available under these Terms, We expressly limit our liability for any breach by Us in accordance with clause 12. Where any law prohibits such exclusion or limitation of liability, We shall, at our discretion provide remedies including, at our discretion:

(a) in the case of goods,:

i. the replacement of the goods or the supply of equivalent goods;
ii. the repair of the goods;
iii. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
iv. the payment of the cost of having the goods repaired; and

(b) in the case of services:

i. the supply of the services again; or
ii. the payment of the cost of having the services supplied again.

11.3 Liability Limit

In no event, but subject to clause 11.2, shall We be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the Site, Your use of the Site or these Terms (however arising, including through negligence). To the extent permitted by law, Our liability to You arising out of or in connection with Your use of the Site, is limited to the greater of:

(a) the amount of fees You pay to Us in the 12 months prior to the event giving rise to liability; and
(b) A$100.

12. DISPUTES.

12.1 Disputes between You and Us

Any dispute between You and Us arising out of or in connection with these Terms may at our discretion be settled by binding arbitration by reference to a commercial disputes centre. You agree to be bound by the ruling arbitrator. The costs of the dispute are borne by the originator.

12.2 Disputes between Members

If a dispute arises between Members which has not been resolved between the Members, the affected Members may ask us to arrange a mediator, the cost of which shall be born equally by the affected Members

13. INDEMNITY.

You shall indemnify and hold Us harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable solicitors' fees, made by any third party due to or arising out of or in connection with Your breach of this these Terms

14. LEGAL COMPLIANCE.

You must ensure that Your use of the Site does not contravene any applicable laws, including but not limited to the Privacy Act 1988, the Broadcasting Services Act 1992 (Cth), the Trade Practices Act 1974 (Cth) or any fair trading or privacy legislation of the States or Territories of Australia.

Notwithstanding the successful conclusion of a Placement through the Site, You must ensure strict compliance with any particular formalities which, if not complied with, will either render a Placement void or unlawful

You are solely are responsible for ensuring that Your activities are lawful. While we may monitor compliance, and reserve the right to enforce these Terms where there is a failure of compliance, We shall not be liable to You, or any third party, for Your failure to comply with these Terms or any relevant law.

15. NO AGENCY.

These Terms do not give rise a relationship of agency, partnership, joint venture, employment or franchise between the You and Us.

16. NOTICES.

Except as expressly stated otherwise, any notices shall be given by registered ordinary post (or if posted to or from a place outside Australia, by registered airmail) or by facsimile transmission to The Recruitment Revolution Pty Ltd, PO Box 277, the Junction, NSW 2291 or by FAX 02 4929 1990 (in the case of The Recruitment Revolution) or to the email address You provide to Us during the registration process (in Your case).

Alternatively, we may give You notice by certified airmail, postage prepaid and return receipt requested, to the address provided to Us during the registration process, or as updated by You as relevant. Any notice shall be deemed given:

(a) if sent by email, 24 hours after email is sent, unless the sending party is notified that the email address is invalid,
(b) if sent by pre-paid post, three Business Days after the date of posting, and on the seventh Business Day if sent to or posted from outside Australia, and
(c) if sent by facsimile transmission, on the Business Day the transmission is sent (as long as the sender has a confirmation report specifying the facsimile number listed above, the number of pages sent and the date of the transmission).

17. GENERAL.

(a) These Terms shall be governed by the laws of New South Wales, Australia. All Members irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
(b) These Terms are severable, and if any of these Terms is held invalid or unenforceable, such provision may be severed and the remaining provisions shall be enforced.
(c) Our rights and obligations under these Terms may be assigned by Us, in our sole discretion, to a third-party
(d) No failure on Our part, to act with respect to a breach by You or others shall be construed as a waiver of any of our rights to act with respect to subsequent or similar breaches.
(e) You agree that these Terms may not be construed adversely against Us on the basis that we prepared them.
(f) These Terms set forth the entire understanding and agreement between Us with respect to the subject matter hereof.

18. DICTIONARY

18.1 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of provision which follows.

Definitions
In these Terms, the following capitalised words or phrases have the meaning given to them in this clause:
“Business Day” means a day which is not a Saturday or Sunday or public holiday in Sydney, New South Wales, Australia.
“Candidate” means a person who has entered into a contract or arrangement with the Member for the provision of recruitment services to him or her.
“Candidate’s Consent” means a consent, in the form set out in Schedule 2, signed by the Candidate consenting to the release of information to certain parties for the purposes of getting a Placement;
“Client” means a client of the Member who has entered into an agreement with the Member for the employment of the Candidate.
Confirmed Position means a position with a Client, which as been ascertained by the Member as being genuinely available for filling within a reasonable period;
“Your Information” means any and all information placed on the Site by You, regardless of whether it was created by You, or whether it originated with a Candidate, a Client, or another third party, and includes all material supplied to Us for placement on the Site in any medium.
“Member” means a person who has registered to become a member of The Recruitment Revolution;
“Password” means the unique combination of numbers or digits which You use in connection with Your User ID to access and operate the Site.
“Placement” means the placement of a Candidate with Client arising from information provided by a Member on the Site.
“Placement Contract” means the agreement between Split Partners in the form set out at Schedule 1 to these Terms.
RCSA Code means the code, as amended from time to time by the RCSA Code for Professional Practice, a copy of which may be viewed at http://www.rcsa.com.au/documents/cfpp/cfpp_2005.pdf
Recruitment Agency means an entity, not funded by government, whose business derives its income by placing Candidates in positions with employers.
“Return” means the amount which is paid by a Client in respect of a Placement, to the Member representing that Client;
 “Site” means http://www.recruitmentrevolution.com.au and pages within this site;
“Split Partners” means the Members representing the Client and the Candidate respectively, in relation to a Placement;
“Terms” means the terms and conditions set out above, Our Privacy Policy Policy as well as any policy or term incorporated by reference.
“User ID” means means the name We provide to You to identify Yourself to other Members while using the Site, and which is required to access the Site
“We or Us” means The Recruitment Revolution Pty Ltd (ACN 125 100 923), and Ours has a corresponding meaning;
“You” means the party seeking Membership, Yours has a corresponding meaning.

EXECUTED AS AN AGREEMENT ON                    OF 200

Authorised Signatory for
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Authorised Signatory for
The Recruitment Revolution Pty Ltd

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