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User Terms of Service
Welcome
Welcome to Talent Engine! We provide a platform which allows job seekers (Fellows) to create profiles, request introductions, receive requests for introductions, and which allows subscriber companies (Companies) to browse the directory of Fellows and
request introductions with Fellows who are open to job offers (Platform). The Platform is operated by Startmate Ops Pty Ltd ABN 11 618 178 957 (we, our or us). It is available at talent.startmate.com and via other channels or addresses.
In these Terms, you means the Fellow registered with us or otherwise using the Platform.
Signing up to our Platform
You accept these terms and conditions, including any policies or other terms set out on the Platform (Terms), by registering on the Platform.
You must register on the Platform and create an account (Account) to access the Platform’s features.
You must provide basic information when registering for an Account including your email address and you must choose a password.
Your Account is personal and you must not transfer it to others, except with our written permission.
You are responsible for keeping your Account details and your password confidential and you will be liable for all activity on your Account. You agree to immediately notify us of any unauthorised use of your Account. At our sole discretion, we may refuse to
allow any person to register or create an Account.
Using the Platform
Once you have registered for an Account, your Account information will be used to create a profile which you may then curate, including by adding your name, job status, and details about your job and education history to create a digital curriculum vitae. You
can use your Account settings to choose whether your profile is public or private.
You agree to provide accurate, current and complete information during the registration process and on your profile and regularly update such information to keep it accurate, current and complete.
Fellows and Companies can request an introduction to the other, which the recipient of the request can accept or decline. If Fellows and Companies choose to connect, they will be invited to create a calendar initiation for a meeting, using a third party
calendar provider.
We may make a profile hidden if a Fellow has not been active on the Platform for at least 6 months or if we are aware that the Fellow is currently working in a role.
You may cancel your Account at any time in your Account settings. When you cancel your Account, you will lose access to the Platform and your profile will be hidden. If you reactivate your Account at a later date, any information relating to your profile may
no longer be available.
Collection Notice
We collect personal information about you and, in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
Our Privacy Policy contains further information about (1) how we store and use your personal information; (2) how you can access and seek correction of your personal information; (3) how you can make a privacy-related complaint; and (4) our complaint
handling process.
By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.
Prohibited conduct
You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our
Platform into disrepute, including: (1) anything that would constitute a breach of an individual’s privacy (including uploadingPage 2 of 16 private or personal information without an individual's consent) or any other legal rights; (2) using our Platform to defame, harass,threaten, menace or offend any person; (3) interfering with any user on our Platform; (4) tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including using
trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform; (5) anything that might violate any local, state, national or other law or regulation or any order of a court, including privacy regulations; (6) using our Platform to send unsolicited messages; (7) sharing or uploading files that contain an infection or virus; or (8) facilitating or assisting a third party to do any of the above acts.
User Content
You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Platform. By making available any User Content on or through our Platform, you grant to us a worldwide, revocable, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, and modify such User Content on, through, or by means of our Platform. You will be able to control the visibility of your profile in your Account settings.
You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that: (1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and (2) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on,
through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.
Intellectual Property rights
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
Unless otherwise indicated, we own or license all rights, title and interest (including intellectual property rights) in our Platform and all of the materials we make available on it (Content). Your use of our Platform and your use of and access to any Content does not
grant or transfer to you any rights, title or interest in relation to our Platform or the Content.
You must not, without the prior written consent of ourselves or the owner of the Content (as applicable): (1) copy or use, in whole or in part, any Content; (2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or (3) breach any intellectual property rights connected with our Platform, including by: (a) altering or modifying any of the Content; (b) causing any of the Content to be framed or embedded in another website; or (c) creating derivative works from the Content.
Analytics
We may monitor, analyse and compile statistical and performance information based on and/or related to your use of the Platform, in an aggregated and anonymised format (Analytics). You agree that we may make such Analytics publicly available, provided that it: (1) does not contain identifying information; and (2) is not compiled using a sample size small enough to make the underlying personal information you provide identifiable.
We, and our licensors own all right, title and interest in and to the Analytics and all related software, technology, documentation and content used or provided in connection with the Analytics, including all intellectual property rights in the foregoing.
Consumer Guarantees
Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our
provision of our services which cannot be excluded, restricted or modified (Statutory Rights).
Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.
Liability
In these Terms, Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.
Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with: (1) your acts or omissions; (2) any use
or application of the Platform by a person other than you, or other than as reasonably contemplated by these Terms; (3) any works, services, goods, materials or items which do not form part of the Platform; (4) any defect, error, omission or lack of functionality or
suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Platform; (5) the Platform being unavailable, or any delay in us providing our Platform to you, for whatever reason; (6) any aspect of your interaction
with any other user, including any job description, request for introduction, or any representation made by another user; (7) and/or any event outside of our reasonable control.
This clause will survive the termination or expiry of these Terms.
Limitations on Liability
Despite anything to the contrary, to the maximum extent permitted by law and whether under statute, contract, equity, tort (including negligence), indemnity or otherwise, (1) our maximum aggregate Liability arising from or in connection with these Terms
will be limited to $50; and (2) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data.
This clause will survive the termination or expiry of these Terms.
Warranties and disclaimers
You represent, warrant and agree that: (1) you have full legal capacity, right, authority and power to enter into these Terms and to perform your obligations under these Terms; (2) these Terms constitute a legal, valid and binding agreement, enforceable in accordance with their terms; and (3) all information you provide to us in connection with the Platform will be true, accurate and complete, including your profile name and that you will not make a false identity on the Platform.
You acknowledge and agree that neither we nor our personnel are recruiters and we only make available the Platform and provide the Platform. We do not guarantee that you will find a potential employer via the Platform. We recommend that before entering into any employment arrangement with a Company, that you obtain your own independent legal, accounting, financial or taxation advice as appropriate. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, and other information provided through the Platform by a Company.
You acknowledge and agree that (1) you use the Platform at your own risk; and (2) the provision of the Platform may be contingenton, or impacted by, third parties, suppliers or other subcontractors (Third Party Inputs), and despite anything to the contrary, the
maximum extent permitted by law, we will not be responsible and will have no Liability for any default or breach of these Terms or any law if such default or breach was caused or contributed to by any Third Party Inputs.
You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.
This clause will survive the termination or expiry of these Terms.
Termination by us
At our sole discretion, we may suspend your Account or terminate these Terms immediately with notice to you if you are in material breach of these Terms, any applicable laws, regulations or third-party rights.
General
Third party sites: Our Platform may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites. You should make your own investigations with respect to the suitability of those websites.
Discontinuance: We may, at any time and without notice to you, discontinue our Platform, in whole or in part. We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
Competitors: You are prohibited from using our Platform, including our Content, in any way that competes with our business. If you breach this term, we will hold you responsible for Liability we suffer, and hold you accountable for any profits that you may
make from non-permitted use.
Complaints: If you wish to make a complaint about another user, please report it through the Platform and provide us with full details of the complaint.
Information: The Content is not comprehensive and is for general information purposes only. It does not consider your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness
of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, we do not undertake to keep our Platform up-to-date and we are not liable if any Content is
inaccurate or out-of-date.
Feedback: If you provide us with any idea, suggestion, recommendation or request in connection with the Platform (Feedback), you agree that we own such Feedback and that we may use the Feedback in any manner which we see fit (including to develop new
features) and no benefit will be due to you as a result of any use by us of any Feedback.
Variation: We may modify these Terms from time to time by notifying you by email. By continuing to use the Platform after such modification, you agree to the amended terms. If you do not agree to the modifications, you must terminate your Account and stop using the Platform.
Assignment: You may not assign, transfer or delegate your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate our rights and obligations under these Terms with 30 days prior notice.
Severance: The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that
provision or the other provisions in these Terms.
Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days
after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in
writing to the other party) to litigation.
Jurisdiction: Your use of our Platform and these Terms are governed by the laws of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
For any notices, please contact us at:
STARTMATE OPS PTY LTD (ABN 11 618 178 957)
Email: legal@startmate.com.au
Last update: 14 March 2022