TERMS AND CONDITIONS

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March 16, 2023

TERMS AND CONDITIONS

Welcome to the Jyaph Recruiter website together with any materials and services available therein, and successor site(s) thereto (referred to as the “Site”), which are operated by Jyaph Recruiter Pty Ltd and its subsidiaries (“Jyaph Recruiter” or “we” or “us”).

These Terms of Use (“Terms”) state the terms and conditions governing your use of and access to the Site and constitute a legally binding contract between you and Jyaph Recruiter. These Terms incorporate any additional terms and conditions posted by Jyaph Recruiter through the Site, or otherwise made available to you by Jyaph Recruiter.

The Privacy Policy (“Policy”) describes how Jyaph Recruiter may use and disclose information that we may collect about all users and viewers through the Site.

PLEASE REVIEW THESE TERMS AND POLICY CAREFULLY. YOUR ACCESS TO AND/OR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF, AND CONSENT TO BE BOUND BY, THESE TERMS AND POLICY. IF YOU DO NOT ACCEPT AND CONSENT TO BE BOUND BY THESE TERMS AND POLICY, THEN YOU MUST NOT USE OR ACCESS THE SITE.

We may change these Terms and/or Policy from time to time by notifying you of such changes by any reasonable means, including by posting revised Terms or Policy through the Site. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms or Policy incorporating such changes, or otherwise notified you of such changes.

1. ELIGIBILITY

By using the Site, you affirm that you are of legal age to enter into these Terms. If you are an individual accessing or using the Site on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (an “Organization”), then you are agreeing to these Terms on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to these Terms. References to “you” and “your” in these Terms will refer to both the individual using the Site and to any such Organization.

The Site is controlled or operated (or both) from Australia, and are not intended to subject Jyaph Recruiter to any non-Australian jurisdiction or law. The Site may not be appropriate or available for use in some non-Australian jurisdictions. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Site’ availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

2. LICENSE

Subject to and conditioned on your compliance with these Terms, Jyaph Recruiter grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to access and use the Site, and to download copies of the materials that we make available for download on the Site, in each case solely for your personal and non-commercial use.

The Site, including all content, information, and materials incorporated into or made available through the Site, are the exclusive property of Jyaph Recruiter or its suppliers, and is protected by Australian and international law. You agree not to access or use the Site, or any content, information, or materials incorporated into or made available through the Site, except as expressly permitted under these Terms.

All trademarks, service marks, and logos displayed on the Site (the “Marks”) are the exclusive property of Jyaph Recruiter or their respective third-party owners. Except for your right to view Marks on our Site, you are not granted any rights to the Marks. Nothing in the Site grant, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Site.

3. ACCOUNT

Registration

To use and enjoy the services we provide, we require you to register an account with us at no cost. Your Account is for your individual personal use only, and you may not authorize others to use your Account for any purpose. In creating your Account, you certify that all information you provide is complete and accurate. You agree to update your information when required or requested, and you further agree not to use another person’s account without permission. You are responsible for maintaining the confidentiality of, and restricting access to your Account and password, and you agree to accept sole responsibility for all activities that occur under your Account or password. You agree to contact our customer service department immediately of any breach of security or unauthorized use of your Account or any violation of these Terms by others of which you are aware. You agree that we shall have no liability for any losses, damages, liabilities or expenses you may incur due to any unauthorized use of your Account, and you agree to indemnify us and hold us harmless for any such unauthorized use. We reserve the right to create accounts for quality control and administrative purposes. Such accounts may be publicly viewable.

Communication

Any communication (including but not limited to audio, video, and documents) between the Employer and Recruiter shall be made exclusively through the Jyaph Recruiter platform. You agree not to independently attempt to contact any Employer or Recruiter through an alternative means outside Jyaph Recruiter platform.

Payment

If you are Recruiter, you may receive compensation using PayPal services. You will be required to provide a valid PayPal account to receive payments. You may also update your PayPal information or enter new PayPal information. You are responsible for maintaining the accuracy of information we have on file, and you consent to Jyaph Recruiter updating such stored information from time to time based on information provided by you. You will only provide to us information about payment methods that you are authorized to use.

General Data Entry Terms

By submitting your hours, comments and/or data (the “User Information“), you hereby grant Jyaph Recruiter a perpetual, non-exclusive, irrevocable, royalty free, worldwide license and right to use, copy, modify, display, distribute, download, store, reproduce, transmit, publish, transfer, adapt, create derivative works in any manner, by any means, in entirety or a portion of, of your User Information.

You acknowledge and accept that Jyaph Recruiter will share the User Information with third parties for Jyaph Recruiter’s business purposes, including but not limited to Jyaph Recruiter’s business clients, advisors, agents, and consultants. Jyaph Recruiter will not sell your User Information to any third party for marketing purposes.

4. USER SUBMITTED MATERIALS

For clarity, you retain ownership of your submitted materials. You hereby grant Jyaph Recruiter a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use and exploit such Submitted Materials, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).

In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Site or otherwise, such Feedback will be deemed Submitted Materials, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Jyaph Recruiter under any fiduciary or other obligation.

You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submitted Materials, and your provision thereof through and in connection with the Site, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.

Jyaph Recruiter may (but has no obligation to) screen, monitor, evaluate and remove any Submitted Materials at any time and for any reason, or analyse your access to and use of the Site. We may disclose information regarding your access to and use of the Site, and the circumstances surrounding such access and use, to anyone for any reason or purpose.

For clarity, certain information that you provide to Jyaph Recruiter through the Site may also be governed by Jyaph Recruiter’s Privacy Policy. You represent and warrant that any information you provide in connection with the Site are and will remain accurate and complete, and that you will maintain and update such information as needed.

5. USER GENERATED CONTENT

Jyaph Recruiter may provide features which allow you to create, develop, modify, or contribute content (“User Content”) and to upload, publish, or otherwise make available User Content to other users of Jyaph Recruiter. These features may also allow you to interact with User Content in whole or in part. User Content may include without limitation posts, communications, documents, screenshots, audio-visual combinations, and other types of works (standalone or in combination).

You represent and warrant that your User Content does not infringe upon the copyright, trademark, patent, trade secret or other intellectual property rights of any third party. You further represent and warrant that you will not use or contribute User Content that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or otherwise objectionable or inappropriate.

Jyaph Recruiter has no control over and does not guarantee the quality, safety or legality of any services performed or deliverables created, advertised, the truth or accuracy of Job listings, the qualifications, background, or abilities of Recruiters to perform services, the ability of Employers to pay for services, or that an Employer or Recruiter can or will actually complete a Job. Jyaph Recruiter is not responsible for and will not control the manner in which a Recruiter operates and is not involved in the hiring, firing, discipline or working conditions of the Freelancer. All rights and obligations for the purchase and sale of services or other deliverables are solely between an Employer and a Recruiter. Jyaph Recruiter will not provide any Recruiter with any materials or tools to complete any Job. Employers and Recruiters must look solely to the other for enforcement and performance of all the rights and obligations arising from Job Agreements and any other terms, conditions, representations, or warranties associated with such dealings.

6. RULES OF CONDUCT

In connection with the Site, you agree NOT to:

  • Post, transmit or otherwise make available through or in connection with the Site any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libellous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
  • Insert or permit to be inserted, any malicious or harmful software into the Site, including but not limited to any software designed to (a) make unauthorized changes to or cause damage to the Site or Third Party Materials as defined below; (b) copy, provide unauthorized access to, or prevent authorized access to the Site; or (c) prevent detection of any unauthorized invasion of the Site (“Malware”).
  • Use the Site for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
  • Harvest or collect information about users of the Site.
  • Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portion of the Site; or violate any requirement, procedure or policy of such servers or networks.
  • Restrict or inhibit any other person from using the Site.
  • Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Site except as expressly authorized herein.
  • Reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law.
  • Remove any copyright, trademark or other proprietary rights notice from the Site.
  • Frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service.
  • Systematically download and store Site content.
  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Site content, or reproduce or circumvent the navigational structure or presentation of the Site, without Jyaph Recruiter’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, Jyaph Recruiter grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Jyaph Recruiter reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.

7. THIRD PARTY MATERIALS

The Site may make available or provide links to third party website, content, services, or information (“Third Party Materials”). Jyaph Recruiter does not control, and is not responsible for, any Third-Party Materials and the availability of any Third-Party Materials on the Site does not imply endorsement of, or affiliation with the provider of Third-Party Materials. Your use of Third-Party Materials is at your own risk.

8. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Jyaph Recruiter, and its affiliates, officers, directors, agents, and employees from any claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to your access to or use of, or activities in connection with, the Site (including any Submitted Materials), or your violation or alleged violation of these Terms or the Privacy Policy. You may not enter into a settlement of a claim that involves a resolution other than one consisting solely of a monetary settlement, without Jyaph Recruiter’s prior written consent. This indemnity obligation shall survive the termination of this Agreement

9. DISCLAIMER

THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND JYAPH RECRUITER EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, AND WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OR TRADE.

While we try to maintain the timeliness, integrity and security of the Site, we do not guarantee that the Site are or will remain updated, complete, correct or secure, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with these Terms. Additionally, third parties may make unauthorized alterations to the Site.

Further, without limiting the foregoing, Jyaph Recruiter (a) does not guarantee that you will receive any employment or job offers through the Site; (b) will not be responsible for any employment offers or listings, employment screenings, employment decisions, or actual employment presented by third parties; and (c) is neither your employer nor your agent based solely on your usage of the Site. You must use your own judgment in evaluating any prospective employers and any Third-Party Materials.

10. LIMITATION OF LIABILITY

YOU AGREE JYAPH RECRUITER WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, OR LOSS OF SECURITY OF SUBMITTED MATERIALS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMITTED MATERIALS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, YOU FURTHER AGREE JYAPH RECRUITER WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY THIRD-PARTY MATERIALS, INCLUDING FROM ANY MALWARE OR ANY VIRUS, WORM, HACK, OR MALICIOUS SOFTWARE THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. YOU AGREE THE MAXIMUM AGGREGATE LIABILITY OF JYAPH RECRUITER FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL BE $100.

Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.

11. TERMINATION

Jyaph Recruiter may terminate or suspend your access to the Site at any time, with or without cause or notice, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination or suspension, (a) your right to access and use the Site will immediately cease; (b) Jyaph Recruiter may immediately deactivate or delete your user name, password and account; (c) Jyaph Recruiter will be under no obligation to maintain or provide you with access to any materials associated with your account (including Submitted Materials), and may retain or delete such materials in Jyaph Recruiter’s sole discretion; and (d) except for the license granted to you to access and use the Site, the remaining provisions of these Terms will survive and continue in effect.

12. GOVERNING LAW; JURISDICTION

These Terms are governed by, and will be construed in accordance with, the laws of the state (a) where you use or access the Site, or (b) if a dispute arises relating to your consideration for hire or your hiring, the state in which the job opportunity at issue is located.

13. GENERAL

These Terms do not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Jyaph Recruiter. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms without restriction. No waiver by either party of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular will have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms will be construed as if followed by the phrase “without limitation.” These Terms, including any terms and conditions incorporated herein, constitute the entire agreement between you and Jyaph Recruiter relating to the subject matter hereof, and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and Jyaph Recruiter relating to such subject matter. Notices to you (including notices of changes to these Terms) may be made via posting to the Site or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Jyaph Recruiter will not be responsible for any failure to fulfil any obligation due to any cause beyond its control.

14. ACCOUNT AND PASSWORD

You may need to register for an account to use all or portions of the Site. We may reject, or require that you change, any username, password or other information that you provide to us in registering. You, and not Jyaph Recruiter, are responsible for the security of and any use or misuse of your username or password. In particular, it is your sole responsibility to (a) maintain the confidentiality of your account login and password; (b) frequently update and revise your password; and (c) promptly notify Jyaph Recruiter if there is any unauthorized use of your account(s) or any breach of security by contacting us in accordance with the “CONTACT US” section below.

15. EMPLOYERS

Employers may register with Jyaph Recruiter on the Site. Once registered, you may be able to:

  • create new jobs;
  • review and modify existing jobs;
  • review details for each job, including Recruiter information;
  • update your contact information;
  • view Recruiter recommendations; and
  • review and approve time reports for Jyaph Recruiter personnel currently working on assignment with you.

Employers agree that you are solely responsible for all activities undertaken within your Employer account, including but not limited to selection of Recruiters, employment of potential candidates, any charges and additional fees incurred for extending or otherwise modifying assignments and creating new orders.

Payments Through the Site

You agree to pay all requisite fees and charges to Jyaph Recruiter without fail. You will pay all invoice amounts through the Site or such means provided by the site (each such payment, a “Transaction“), you may be asked to supply certain information relevant to your Transaction including, without limitation, your PayPal email address, your bank information routing number, bank account number, bank account type, credit card number, card verification number, the expiration date of your credit card, your billing address, billing phone number, and email. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY BANK ACCOUNT INFORMATION OR CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. Verification of information may be required prior to the acknowledgment or completion of any Transaction. Jyaph Recruiter or our agents may call or contact you regarding your account or your Transactions. You agree that we may place such calls or contact you relating to the Transaction.

16. RECRUITER

Registration

If you register as a Recruiter on the Site (“Recruiter”), you must provide a PayPal account email address to be able to receive compensation for successful recruitment of a candidate. You may be able to update your job search criteria and preferences, upload and update your portfolio, receive alerts, update your availability, view the status of your application, and provide us with additional information about you. You agree that you are solely responsible for all activities undertaken within your account(s).

As part of the registration process, we may require you to provide us with certain information including, but not limited to, your portfolio, name, email address, phone number, work history, education, experience and geographic location (the “Recruiter Information“).

17. CHARGES

You agree and acknowledge that Jyaph Recruiter shall deduct a sum of 9.0% of the total employment package offered by the Employer to the Candidate. The Recruiter contracted by the Employer to source the Candidate shall receive 8.5% of the total 9.0% as compensation for services. Jyaph Recruiter shall retain 0.5% of the total 9% as a service charge.

18. SEPARATE PARTY

Jyaph Recruiter is an independent service provider. Jyaph Recruiter is not affiliated with any Employer or Recruiter. Our sole obligation remains to provide a service to facilitate the meeting of Employers and Recruiters. Jyaph Recruiter is not a party to any agreement or engagement entered into by the Employer or Recruiter and shall not be responsible for performance of any agreement or engagement.

The Employer shall be solely responsible for vetting and verifying the authenticity of Recruiters as well as Candidates recommended by Recruiters. Jyaph Recruiter shall not be held responsible for the choices made by the Employer relating to Recruiters and Candidates.

19. CONFIDENTIALITY

You agree that by using the Site, Recruiters and Employers may only communicate through the Jyaph Recruiter platform. Jyaph Recruiter will not be responsible for any disclosure made by a User.

Recruiter agrees to execute any non-disclosure agreement required by the Employer in relation to services to be rendered through Jyaph Recruiter.

20. ACCOUNT SECURITY

You are responsible for the security of your password and for any use of your account of the System. You shall promptly notify Jyaph Recruiter of any unauthorized use of your password or account.

21. CONTACT US

If you have any questions or complaints about the Terms or the Policy, or if you would like to update any personal information you have provided to us, please contact the us at the email address below.

info@jyaphrecruiter.com.au

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