- Changes may be made to these Terms at any time and your continued use of the Site will indicate your acceptance of them. We will notify you by email if significant changes occur, otherwise we recommend that you visit this page from time to time to ensure that you are up to date.
- Users acknowledge that you have not relied on any representations made by Elink Aus when entering this Agreement other than those contained herein and, on the Site, and you have had the opportunity to seek legal advice in relation to these Terms.
- Features vary depending upon whether the User is a Recruiter, Employer, Business Administrator, Hiring Business, Contractor/Freelancer. All Users will be granted space on the Site including images and text to promote the connection sought by the User.
- All Users are provided 24/7 access to your account where you can edit and manage your listings and profile information.
- It is a condition of the use of the Elink Service that Users will not:
- engage in communications with another User outside of the Elink Service unless the Users have entered into an agreement for employment or contracted services;
- canvass, solicit or attempt to entice any other User away from the Elink Service;
- not induce any other person to perform any of the acts specified in clauses 7 (a) and (b) above.
- Users acknowledge that any breach of this condition would cause irreparable harm and significant damage to Elink Aus and accordingly that Elink Aus has the right to seek and obtain immediate injunctive relief in relation to any such breach.
- Users acknowledge that the covenants contained in this condition are fair and reasonable and that Elink Aus is relying upon this acknowledgement in granting me use of the Service.
- All Users who wish to use the Elink Service must register an account through the Site and create a profile which will be available to other Users.
- The data contained in a profile will be used by Elink Aus to suggest Employees and Contractors / Freelancers for a role. See “Recommendations and Ratings” below for more information.
- If you register an account on behalf of another party you warrant and represent to Elink Aus that you are authorised to do so.
- Users must keep account information confidential, Elink Aus is not responsible for unauthorised transactions conducted through an Elink account.
- Users who register an account as a Contractor or Employee may have their profile saved by an Employer or Hiring Business for future reference. This will only occur with consent.
Cancelling the service
- To cancel an Elink account, Users can deactivate the User’s profile.
- Cancellation of an Elink account cannot occur whilst there is a current contract in place in relation to employment or contracted services between Users. Cancellation of an Elink account will not terminate any payment obligations under this Agreement.
- Users acknowledge that removal from the Site will not extend to cached links, or historic information retained in search engines or screen shots, the existence of which are outside of ELink Aus’s control.
Third party ancillary services
- Elink Aus offers Users the ability to purchase services from third parties recommended by us.
- Third party service providers are identified on the Site. When you purchase a service from a third-party provider, you are agreeing to the third-party provider’s terms and conditions.
- Elink Aus is authorised by the third-party provider to collect payments on their behalf. Elink Aus will issue you with a tax invoice seeking payment of third-party provider costs.
- When a User purchases a third-party service, there is no agreement between the User and Elink Aus for that service. All rights in relation to the third party service purchased exist between the User and the third-party service provider on the terms and conditions of the third-party provider.
Recommendations and Ratings
- Elink Aus uses the data input into the Elink Service to suggest employees or Contractors that may be suitable for a role. This is done through software algorithms.
- These recommendations are based on matching the data input by an Employer or Hiring Business, with data contained in another User’s profile. For example, geography, qualifications and experience. The more data there is that matches, results in a higher compatibility rating.
- The recommendations made through the Elink Service are purely based on a data matching compatibility and are not guarantees or warranties made by Elink Aus about the individual recommended. Elink Aus does not verify information that Users input into the Elink Service.
- Employers and Hiring Businesses may rate an Employee or Contractor. Ratings are developed in response to questions on a range of factors. If a User is given a rating of less than three stars, the User who provided the rating must provide Elink Aus with further information as requested.
- By registering with the Elink Service, individuals are agreeing to accept the Rating and Recommendation function contained in the Site.
- Ratings are deemed to be information provided to this Site by a User and must comply with the Content Requirements in this Agreement.
- Users rely on recommendations and ratings at your own risk, and Elink Aus recommends that Users undertake your own due diligence before engaging an employee or Contractor through the Elink Service.
- Elink Aus disclaims all and any guarantees, undertakings and warranties, expressed or implied, and is not liable for any loss or damage whatsoever (including human or computer error, negligent or otherwise, or incidental or consequential loss or damage) arising out of, or in connection with, any use or reliance on the information available through the Elink Service.
- Users accept sole responsibility associated with the use of the Elink Service, irrespective of the purpose for which such use or results are applied.
- Employers can list positions vacant on the Site. Employment vacancies are retained in our database and are made available to Recruiters.
- Recruiters can search for vacancies based on a range of information such as location and type of role.
- Employers can also send a Recruiter an invitation directly, to view the job listing.
- Hiring Businesses can list contract projects on the Site, which are made available to Contractors and Business Administrators.
- The Project Terms must be negotiated and agreed upon between the Hiring Business and the Business Administrator.
Fees and Payment
- Payment must be made by way of Australian Dollars. Prices are exclusive of GST.
- We use a third-party payment provider to process payments. Users must agree to the terms of our third-party payment provider to use the Elink Service.
- Fees vary across jurisdictions, and the service being used. When a User creates a Job Listing, the fees payable by the User will be displayed on the screen. By proceeding with the Job Listing / Job Description Application the User is agreeing to pay the Fee displayed.
Using ELink to recruit Employees
- Employers currently may use the service free of charge. Elink Aus reserves the right to charge Employers for the service in the future. Employers will receive prior notice before Elink Aus imposes any fees.
- Recruiters agree to pay Elink Aus the Elink Recruitment Fee when an Employer employs a Candidate.
- Once an employment contract is signed by the Candidate with the Employer, Elink Aus will invoice the Employer on behalf of the Recruiter for fees owing to the Recruiter under the Placement Agreement.
- Elink Aus’s invoices will be payable within 30 days through our third party payment provider.
- Upon receipt of the funds from the Employer, Elink Aus will deduct the Placement Fee and forward the remainder of the funds to the Recruiter within 14 days.
- Payment for the services provided by the Recruiter and the Employer is governed by the Placement Agreement, to which Elink Aus is not a party.
Using Elink to engage a Contractor
- Hiring Businesses agree to pay Elink Aus the Elink Contract Fee. The Elink Contract Fee is identified through the Site in the total fee payable when hiring a Contractor.
- Elink Aus will invoice the Hiring Business, monthly on behalf of the Business Administrator for fees owing to the Contractor under the Project Terms, and for payment of the Elink Contract Fee.
- Elink’s invoices will be payable within 7days through our third-party payment provider.
Failure to Pay
- Elink Aus does not provide a debt recovery service. If a User fails to pay Elink Aus’s invoice by the due date Elink Aus will notify the User / third party provider who Elink Aus issued the invoice on behalf of.
- A User or third party provider who is owed money by another User has the rights available to them at law, or as stated in the agreement between the Users or in accordance with the third party provider’s terms and conditions.
- Elink Aus reserves the right to cancel or suspend a User’s account during the period which any amount is owing.
- ELink Aus reserves the right to charge default interest at 2% above the rate that applies to penalty interest in New South Wales courts, accruing daily for overdue fees owing to Elink Aus.
- The User who has defaulted in its obligation to pay Elink Aus under this Agreement is liable to pay all legal costs on a full indemnity basis incurred by Elink Aus for action taken to enforce payment of monies owing to Elink Aus.
- Users must ensure that all content uploaded to the Site (including job listings) is not in breach of all applicable laws, including but not limited to the:
- Competition and Consumer Act 2010 (Cth);
- Fair Trading Acts in all applicable States and Territories;
- Privacy Act 1988 (Cth);
- Human Rights and Equal Opportunity Commission Act 1986 (Cth); and
- all anti-discrimination and equal opportunity legislation applicable in the State or Territory in which the Advertiser does business.
- Users agree to release Elink Aus in relation to these obligations and indemnify Elink Aus for any loss, damage or claims that arise from the User’s breach of this term.
- Users can upload information once an account has been opened.
- Content will be published on an ‘as is’ basis, as provided by the User.
- Elink Aus does not approve content prior to publishing, however Elink Aus retains the discretion to remove any content as it sees fit.
- Elink Aus does not approve content prior to publishing, however Elink Aus retains the discretion to remove any content as it sees fit.
- Users acknowledge and agree to promptly rectify any incorrect information published on the Site as soon as the error is identified.
- The User authorises Elink Aus, its employees and agents to edit any listing or advertisement at any time if we identify any errors in the content, without prior notice to you.
- Users agree to use the Site in good faith, and for a proper purpose.
- Users agree not to post or transmit any unsolicited advertising or promotional materials.
- Users agree that you will not use any meta tags or any other hidden text utilizing any and/or all Site Content; use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure or server.
- Users agree that you will not upload anything to the Site which contains viruses, computer codes, files or programs which may limit or destroy the functionality of the computer software or hardware of others.
- Any content uploaded to the Site that contains the following is prohibited and Elink Aus may remove content where in the sole discretion of Elink Aus the content:
- Infringes the law.
- Involves the provision of adult services by persons under the age of 18 years old.
- Relates to Religious or spiritual services.
- Targets children.
- Contains foul, vulgar or obscene language, or content that features excessive violence including blood, guts, and guns.
- Receives significant negative user feedback.
- Includes weapons, including guns, gun parts, kits, mace, black powder and ammunition.
- Is emotionally exploitative, controversial or that uses negative depictions of humans or animals (e.g. images of actual or implied abuse or mistreatment).
- Is deceptive, false or misleading content.
- Promotes any illegal or dangerous activity.
- Contains or refers to illicit drugs, drug paraphernalia or products to beat drug tests.
- Contains or refers to poker, bingo, and similar gambling activities.
- Contains or refers to tobacco or tobacco related products
- Constitutes medical research solicitations.
- Relates to Psychics and related content.
- Is obscene, defamatory, libelous, illegal, invasive of another's privacy.
- Contains hate speech - inciting or advocating violence or racial intolerance.
- That is threatening, abusive, harassing, or that advocate or discriminate against a protected group, whether based on race, color, national origin, religion, disability, sex, sexual orientation, age or any similar or other category.
- Content or technology that infringes, encourages, or enables the infringement of, the intellectual property or personal rights of others.
Intellectual Property Rights
- Users retain all intellectual property and copyright ownership of pictures, logos and any other electronic files subject to this licence.
- Elink Aus reserves the right to reject images and/or content for any reason.
- Users grant Elink Aus the right to crop and resize images for display on the Site
- By submitting any material to the Site, you are granting Elink Aus and anyone authorised by us, a non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, and publicly display such material, in whole or in part, for the purpose of advertising employment vacancies and advertising recruitment services on the Site (whichever applies). This licence includes the right to use any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, or patent laws under any relevant jurisdiction. You also grant Elink Aus the discretionary right to use your images for the purpose of marketing the Elink Service.
- Elink Aus retains all intellectual property rights (whether registered or unregistered) over the Site and the content created and uploaded by or for representatives of Elink Aus.
Recruiters and Business Administrators – Additional Obligation
- By agreeing to this Agreement Recruiters and Business Administrators agree to assign, and hereby assign all information about a Candidate or Contractor that is submitted through the Site to Elink. Recruiters and Business Administrators must ensure that all relevant disclosures are made to the Candidate and Contractor about this assignment in accordance with the Privacy Act 1988.
- This Agreement does not create a relationship of partnership, joint venture, employment or agency between Users and Elink Aus.
- There is no relationship of the kind referred to above between Elink Aus and Candidates or Contractors submitted through the Site.
- Elink Aus does not as a matter of course provide a dispute resolution service between Users that connect through our Site; however, we may assist Users with issues that arise at our discretion.
Warranties and Indemnities
- By entering into this Agreement, Users represent and warrant that:
- You are not advertising or offering services that are prohibited or illegal in the location where you are advertising.
- You are over the age of eighteen (18) years old.
- All information you submit is accurate and truthful and not false or misleading in any way.
- That you can and will provide the services offered in accordance with any representation made by you and that you will offer your services in accordance with your obligations under the Australian Consumer Law and in accordance with any other laws that may apply.
- You will keep your information accurate and up to date.
- Users agree to indemnify Elink Aus for any claim or loss arising directly or indirectly from your acts and omissions in relation to the provision of your services and your use of this Site. Elink Aus does not have to have suffered or loss or damage for this indemnity to take effect.
- Elink Aus cannot confirm the identity of other Users, however Users provide a warranty that all information provided on the Site is true and correct. A breach of that warranty is a breach of this Agreement and Elink Aus reserves the right to remove a User’s access in these circumstances.
Limitation of liability and exclusion of liability
- Elink Aus does not warrant that the Site will be uninterrupted or error-free or free from third party interference. Elink Aus has taken security measures to protect the content on the Site, but we cannot provide individual guarantees that content uploaded by you is free from third party interference. Similarly, we take reasonable steps to ensure that your content is uploaded in a reasonable time but we cannot guarantee specific publishing times. If there is a significant delay, we will communicate with you about when your subscription and/or listing will commence.
- Elink Aus does not provide any guarantees that you will achieve specific results or number of connections by using our Site.
- We do not guarantee that vacancies will be filled nor do we guarantee that any certain type or number of jobs will be advertised.
- Elink Aus reserves the right to alter, suspend or discontinue any part (or the whole of) the Site. This Agreement shall continue to apply to any modified version of the Site unless it is expressly stated otherwise.
- Elink Aus will take reasonable steps to ensure the ongoing effective operation and maintenance of the Site and take steps to repair technical issues that arise from within the Site within a reasonable time, insofar as the issues are of a global nature, and do not arise from individual use.
- We recommend that you ensure you have adequate security software on systems used to access the Site, because as with any internet site Elink Aus does not warrant against any loss or damage caused to individual systems.
- To the extent permitted by law Elink Aus is not responsible for, and we do not warrant against loss or damage caused to Users of the Site as a result of the acts or omissions of other Users. Where there has been a breach of this Agreement by a User, Elink Aus can consider the allegation and take such action as deemed appropriate by Elink Aus in its sole discretion.
- Elink Aus is not responsible for a User’s delay or inability to access the Site due which arise from the User’s internet service provider.
- Users should keep account information safe and secure from third party access because Elink Aus is not responsible to unauthorised access to a User’s account.
- Subject to clause 88, Elink Aus is not liable to Users for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with the Elink Service, except to the extent that such liability may not lawfully be limited or excluded. For the avoidance of doubt, this extends to any employees, contractors, agents, representatives, licensees or permitted assigns of Elink Aus
- Notwithstanding the generality of clause 86, Elink Aus expressly excludes liability for consequential loss or damage which may arise in respect of the Elink Service or for loss of loss of data, loss of, or claim for, revenue, profits, actual or potential business opportunities or anticipated savings or profit, whether direct, indirect, economic, consequential howsoever arising by way of act or omission in contract or in tort. Users agree to release and indemnify the Elink Aus to that extent.
- Where Elink Aus cannot by law exclude such liability, its liability to the User will be limited to, the supply of the services or the payment of the cost of those services supplied again. This clause applies despite anything else contained in or incidental to this Agreement and to the fullest extent permitted by law.
- Notwithstanding clause 88, the limitation of liability set out in clause 86 will not apply to any liability arising as a result of, or in connection with:
- fraud or wilful misconduct by Elink Aus;
- breach of confidentiality by Elink Aus;
- breach of privacy by Elink Aus; or
- infringement of a third party's Intellectual Property Rights by Elink Aus. For the purposes of this clause, the term “Elink Aus” shall mean the company, its officers, employees, sub-contractors, suppliers and agents, whether individually or collectively. >
- To the fullest extent permitted by law, Elink Aus excludes all warranties implied by law except as expressly set out in this Agreement.
- This Agreement and the rights and obligations of the Parties hereunder are governed by and are to be construed in accordance with the Law of New South Wales and Australia and the Parties submit to the non-exclusive jurisdiction of the Courts of New South Wales.
- If any clause of this Agreement is invalid under any law, the clause will be limited, narrowed, construed or altered as necessary to render it valid, but only to the extent necessary to achieve such validity. If necessary, the invalid clause will be deleted from the Agreement and the remaining clauses will remain in full force and effect.
In these terms and conditions:
“Agreement” means this document which forms an agreement between Elink Aus and Users.
“Business Administrator” means an entity that manages an Elink account on behalf of a Contractor
“Candidate” means a potential employee referred by a Recruiter to an Employer through the ELink service.
“Contract Fees” means the fees payable by an Employer to a Recruiter for the hire of a Non-Permanent Employee
“Contractor” means an individual who has a profile with Elink and is available to provide services on a contracted basis
“Elink Contract Fee” is the fee payable to ELink Aus for use of the Elink Service by a Hiring Business being a percentage of the daily rate that the Hiring Business agrees to pay the Business Administrator for the Contractor’s services.
“Elink Recruitment Fee” is calculated as 20 percent (20%) of the Placement Fee that an Employer agrees to pay the Recruiter. Where a Recruiter places a number of Candidates in one month that exceeds the limits of any subscription package, the Placement Fee is calculated at thirty percent (30%) of the total annual remuneration package, inclusive of allowance, superannuation and other benefits that the Employer agrees to pay the Candidate
“Employee” means a Candidate that an Employer has employed, including on a temporary basis.
“Employer” means entities seeking employees that are registered with Elink.
“Freelancer” means a self-employed person who registers with Elink.
“Hiring Business” means entities seeking Contractors that are available for hire through the Elink Service
“Non-permanent Employee” means an Employee that has been hired by an Employer on any basis other than a permanent basis.
“Project Terms” means the terms upon which the Hiring Business will engage the services of the Contractor
“User” means all parties who use the Site.
“Placement Agreement” is a reference to a separate contract between the Recruiter and Employer that governs the services provided by the Recruiter to the Employer that is made using the Site.
“Placement Fee” is calculated as 15 percent (15%) of the total annual remuneration package, inclusive of allowance, superannuation and other benefits that the Employer agrees to pay the Candidate.