Terms of Service for US Users
These Terms of Service were last modified on: 17 September 2019
Welcome to LiveHire!
Our agreement with you
These Terms of Service are very important and constitute a legally binding agreement between you, the User, and us, LiveHire Ltd (ABN 59 153 266 605) (LiveHire) of Level 10, 461 Bourke Street, Melbourne, Victoria 3000, Australia (Agreement), so please take a few minutes to read them. Amongst other things, this Agreement explains:
- how you can use or terminate our Services;
- how your content is used and protected, including privacy and copyright protection;
- how we can change, suspend or terminate your access to, and use of, the Platform;
- the warranties and disclaimers that apply; and
- the limitations of, and exclusions to, our obligations and liability to you.
You understand that by:
- signing up for an Account with LiveHire;
- using the Platform (including any content provided in it), the Services or your Account; or
- communicating in any way with any Client, Member or other User via the Platform,
you are agreeing to be legally bound by this Agreement. If you do not accept this Agreement in its entirety, then you may not access or use the Platform. If you agree to this Agreement on behalf of any Person, you represent and warrant that you have the authority to bind that Person to this Agreement and that your agreement to these terms will be treated as the agreement of that Person. In that event, “you” and “your” will refer and apply to that Person.
Electronic Communications and Signatures Consent
By agreeing to this Agreement, you are consenting to receive information, including certain disclosures, related to our Platform that are otherwise required to be provided in writing, electronically (Electronic Communications). You are entitled to receive certain Electronic Communications on paper if you wish, but in order to create an Account with LiveHire and use the Platform, you must consent to receive certain Electronic Communications electronically instead, and consent to using electronic signatures. To receive Electronic Communications electronically, your computer must be capable of printing or storing PDF files and web pages, and you must have a PDF Reader and a web browser with 128-bit encryption security. If you do not provide your consent, or later, you want to withdraw your consent, you will not be able to use our Platform as our Platform is only provided electronically. In order to withdraw your consent and deactivate your Account, please contact [email protected] To update your contact information or request a paper copy of Electronic Communications at no charge, please contact [email protected]
NOTE: THIS AGREEMENT CONTAINS A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH US. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
Using our Services
All User identity information associated with an Account must be real and verifiable. Only the Person specified during the process of registering an Account may use that Account, and no User may have more than one Account. We may validate User information at any time by any reasonable means, including validating any part of the personal information contained in a Member’s profile, curriculum vitae and/or any background checks completed by a Service Provider or LiveHire. Failure to provide identity verification when reasonably requested is a breach of this Agreement.
By using the Platform or otherwise accessing or using the Services, you represent, acknowledge and agree that you are at least 18 years old. If you are not at least 18 years old, you may not use the Platform or the Services at any time or in any manner or submit any information to us or the Platform.
You must ensure and maintain the secrecy and security of any username and password that you enter or that we provide to you in connection with the Platform. You must not disclose the username or password to any third party. You will need to change your password regularly by following the relevant instructions. We will be entitled to treat any use of, or action taken using, such password on the Platform as being made or authorized by you. You must not allow any third party to perform any action, including posting jobs or making a Connection, under or through your Account, and you remain entirely responsible for any and all activities that occur on the Platform or otherwise under your login name. You agree to immediately notify us if you become aware of any unauthorized use of your Account, your login name or any other breach of security known to you. You must not misuse our Services. For example, you must not interfere with our Services or try to access them using a method other than using the Platform and following the instructions and restrictions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. You must not use the Services to advertise work or services that are illegal or would infringe the rights of a third party. You must not enter into this Agreement or use the Platform or Services if you are a citizen of, or reside in, a country or territory in which doing so is prohibited by law, decree, regulation, treaty or any other administrative act.
Rules of interpretation
Capitalised terms in this Agreement have the meaning set out in the “Definitions” provision below. In addition, the following rules of interpretation also apply to this Agreement:
- words like “us”, “we”, “our”, “LiveHire”, “LiveHire.com” refer to LiveHire Ltd (ABN 59 153 266 605);
- words like “you” and “your” refer to the Person entering into this Agreement with us;
- “including” means “including, but not limited to”;
- the singular includes the plural, and vice versa; and
- headings are for ease of reference only and should otherwise be ignored.
The Platform and Services (including all associated Intellectual Property) are the sole property of LiveHire and/or each Service Provider (as applicable) unless otherwise indicated. Using our Services does not give you an interest in, ownership of or any rights (including Intellectual Property) in the Platform, the Services or any content you may access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. This Agreement does not grant you any right or license to use any branding or logos used in our Services. You must not remove, obscure, or alter any legal notices displayed in or along with our Services. You may not copy, modify, reproduce, distribute, sell, or lease any part of our Platform or the Services or any included software or Intellectual Property, nor may you reverse engineer or attempt to extract the source code of that software, unless you have our written permission or (and only to the extent) any applicable laws actually prohibit such restrictions. Some of our Services allow you to submit content. You retain ownership of any Intellectual Property that you hold in that content. You are liable for any content you upload, transmit or otherwise submit to or communicate via the Platform. If we receive any notice of alleged infringement of Intellectual Property by you, then we will respond as we see fit, which may include removing the relevant content from the Platform and/or suspending or terminating the provision of Services to you. When you upload or otherwise submit content to our Platform, you give LiveHire, our Clients and Service Providers a non-exclusive, transferrable, sub-licensable, royalty-free, perpetual, worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations, variations or other changes we make so that your content works better with our Platform), communicate, commercialize, analyze, publish, publicly perform, publicly display and/or distribute, in any way now known or in the future developed, such content. In some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Some Services may offer you ways to access and remove content that has been provided to the Platform. However, content may continue to exist on our systems where: (a) immediate deletion is not possible due to technical limitations; (b) your content has been used by Clients and/or Service Providers and they have not deleted it; or (c) where deletion would restrict our ability to: (i) investigate illegal activity or breaches of this Agreement; (ii) to comply with our legal obligations; or (iii) to comply with a request from a law enforcement, judicial or administrative authority or a government agency. We may also use content in accordance with the license in de-identified form, including statistical information which is aggregated and anonymised. In each of these cases, this license will continue even if you stop using our Services. It is your responsibility to ensure you have all necessary rights to grant us this license for any content that you submit to our Platform or in the use of our Services. You agree not to infringe any Intellectual Property rights in connection with, and remain liable for, any content or information you may make available on or through, your use of the Platform and the Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
We respect the Intellectual Property rights of others, and we ask you to do the same. We may, in appropriate circumstances and at our discretion, terminate the Account of, and access to the Platform by, any User who infringes the Intellectual Property rights of others and/or who is the subject of repeated DMCA or other infringement notifications. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Platform, please provide our designated agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled on the Platform, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our agent for notice of claims of copyright or trademark infringement on the Platform or our Website can be reached as follows:
LiveHire Ltd (ABN 59 153 266 605)
Level 10, 461 Bourke Street, Melbourne, Victoria, Australia 3000
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that any material or activity is infringing may be subject to liability.
Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to our designated agent that includes all the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
No fees for Members
Subject to this Agreement, no charges are payable by a User who is a Member for their ordinary use of the Platform including use of any non-premium Services. Premium services may be subject to a fee however individual Users will always be notified before any fee is incurred.
Fees for Clients
We may charge Clients service fees for obtaining premium or professional services relating to the recruitment facilities available on the Platform, and for data management and data features offered through the Platform or as part of the Services. Applicable fees will be notified to Clients at the time when the relevant services are requested.
Billing and Payments
If any fees apply to your use of the Platform or our Services you must pay LiveHire any applicable fees at the time those amounts are due and payable using agreed payment method(s).
You will be liable to pay any foreign, federal and/or state taxes as may be applicable to you or your business in connection with your access to, or use or receipt of, the Services.
If we are required to collect overdue fees from you, you must pay all costs (including legal fees), if any, incurred by us in collecting those overdue fees from you, and interest on any overdue fees at our bank’s business cheque account (or comparable account) overdraft rates.
Any voucher, coupon, discount or any other offer used to pay for or reduce any fees can only be used once. Where there isn’t an expiry identified on a voucher, coupon, discount or any other offer it is valid for only 30 days from the date of the offer or notice date.
We may charge for our mobile services, but in any event please be aware that your carrier’s normal rates and fees, such as text messaging and data fees, will apply. In the event you change or deactivate your mobile telephone number, you must update your account information on the Platform within 48 hours to ensure that any messages or notifications are not sent to any person who may acquire your old number. You authorize other Users to sync (including through an application) their contact list information onto their mobile devices, which may include the transfer of your basic information visible to them on the Platform, as well as your name and profile picture if this is public.
General User Obligations
You must provide a consistent and high level of courtesy, respect and professionalism toward each other User. You must use good judgment when posting information, comments, feedback, or other content regarding us, other Users, or any other third party anywhere within the Platform. Any content that you submit via the Platform must not be Unacceptable Content, must be in English and must not contain any information enabling or requesting contact or payment outside the Platform. You must take your own precautions (including antivirus software) to ensure that your access to the Platform and Services does not expose you to viruses or other code that is harmful or may assist in causing harm.
You agree that it is a condition on your use of the Platform, the Services and of any other services provided by us through or in connection with the Website that you will not mislead or deceive others or engage in any conduct which is misleading, malicious, or discriminatory, including by any act or omission.
We do our best to keep the Platform safe, however we cannot guarantee this. You agree to help us keep the Platform safe and agree that you will not, on or through the Platform:
- engage in unlawful conduct, including in any multi-level marketing such as a pyramid scheme, or post unauthorized commercial communications (such as spam);
- upload viruses or other malicious code or content;
- solicit login information or access an Account belonging to someone else;
- upload any Unacceptable Content, or otherwise bully, intimidate, or harass any User or any other person;
- do anything that could disable, overburden or impair the proper working or appearance of the Platform, such as a denial of service attack or interference with page rendering or other Platform functionality; or
- facilitate or encourage any of the above or any other violations of this Agreement or our policies.
You must not create any “links” to any part of the Platform, or “frame” or “mirror” any content contained in, or accessible through, the Platform, on any server or internet-based device without our prior written consent. Other than as provided by the Platform or Services, you may not use any data mining, screen scraping or similar software or other data gathering, analysis or extraction tools or processes on the Website, except with our prior written consent.
Suspension and Cancellation of Accounts
Suspension or cancellation by us for cause
Without limiting any other remedies available to us, we may suspend or cancel your Account at any time by notice to you if:
- you breach this Agreement or otherwise violate our rights or those of another User;
- we are unable to verify or authenticate any information you provide to us; or
- we reasonably believe that your actions might cause a legal liability to any other User or us.
Also, if you engage in any action or activity that circumvents the Platform or this Agreement in such a way as to avoid or reduce fees that would otherwise be payable to us, then you will be liable to us for the difference and we may suspend or cancel your Account.
Cancellation by us without cause
In addition to the above rights of suspension and cancellation, we may by notice to you cancel your Account at any time, at our sole discretion.
Cancellation by you without cause
You can cancel your Account at any time by notice to us, although we’ll be sorry to see you go. If you created or have been using your Account in connection with your role with a Client or Service Provider, the cancellation of your Account will not automatically result in the cancellation or termination of any agreement between us and that Client or Service Provider, which will instead be governed by the terms of that agreement and applicable law.
Consequences of suspension or cancellation
If we suspend or cancel your Account, or you cancel your Account, then (without limiting any other rights we may have):
- you must not continue to use or access the Platform or any Service, including under a different Account, or reregister under a new Account;
- to the extent permitted by law, no amount paid in advance by you will be refundable;
- we may obtain payment of any outstanding amount (or that becomes payable) through any payment methods available to us in connection with your suspended or cancelled Account or any other Account that you register; and
- we may refuse to provide an Account to you in the future.
All of your and our accrued rights, and the provisions of this Agreement that by their nature are intended to survive termination or expiry of this Agreement (including the provisions below titled “Warranties and Disclaimers”, “Limitations of Liability” and “Indemnities”), will survive any termination or expiry of this Agreement.
You agree that:
- the Platform is merely a venue where Users may act as Members or on behalf of Clients or Service Providers or on some other basis approved by us;
- any information or content made available by us on the Platform is intended to provide general information only in summary form, including in relation to legal or other issues;
- we are not a party to any Employment Contract;
- a Member is not an employee of ours and that we do not, in any way, provide, supervise, direct, or control any Member’s work or services;
- a Client is not affiliated with us and we do not, in any way, manage, supervise, direct, or control any Client or the employment or work conditions of any Client;
- to the extent permitted by law, we will not have any liability or obligations under or related to any Employment Contract between a Member and a Client or any acts or omissions by any Member;
- we have no control over any Member or Client or over the work, services or opportunities promised or rendered by any Client or Member, as applicable;
- we make no representations and give no warranties in connection with any Member or Client, including as to the reliability, capability, or qualifications of any Member or the quality, security or legality of any work or services provided by any Member or Client, and to the extent permitted by law expressly exclude any liability in connection therewith;
- we give no guarantee to any party of the continued availability of any Member or any job or vacancy and will not be liable to you should a Member or Client not accept or be available to accept a Connection or employment offer; and
- in no event will we be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any information contained on or omitted from the Platform.
We do not endorse or recommend any User or any job, business or other employment or relevant opportunities available through or advertised on the Platform, and strongly recommend you obtain independent legal, accounting, financial and taxation advice as appropriate prior to entering into any Employment Contract or other agreement with any person. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all services, opinions, advice, merchandise and/or other information provided or available through the Platform or in connection with the Services, and on the internet generally. The Platform may contain links to internet sites maintained or controlled by third parties. You acknowledge and agree that: (a) we are not responsible for the contents of any such sites (including the accuracy, legality or decency of any information) or any link contained on such sites; (b) such link does not imply any endorsement by us; (c) we are not responsible for the legality or Intellectual Property compliance of any such site; and (d) we will not be liable for any damages or loss arising in any way out of, in connection with or incidental to any information or third party service provided by any third party. While we take all reasonable due care in ensuring the privacy and integrity of information you provide to us, the possibility always exists that this information could be unlawfully accessed or observed by third parties while in transit over the internet or while stored on our system. To the greatest extent possible pursuant to law, we expressly disclaim any liability to you should this occur.
Warranties and Disclaimers
We provide our Services using a reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services. You must not rely on the Platform, any information in it, or its continuation. TO THE EXTENT PERMITTED BY LAW, AND OTHER THAN AS EXPRESSLY SET OUT IN THIS AGREEMENT, LIVEHIRE, EACH SERVICE PROVIDER AND, TO THE EXTENT APPLICABLE, EACH CLIENT:
- PROVIDE THE PLATFORM AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS;
- DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NON-INFRINGEMENT; AND
- EXCLUDE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM OR SERVICES, INCLUDING ABOUT, THE CONTENT WITHIN THE PLATFORM, THE SPECIFIC FUNCTIONS OF THE PLATFORM, OR THEIR RELIABILITY, AVAILABILITY OR ABILITY TO MEET YOUR NEEDS, THE SAFETY OR SECURITY OF THE PLATFORM OR REGARDING THE DELIVERY OF ANY MESSAGES (SUCH AS EMAILS, IN-MAILS, SMS, SOCIAL MEDIA, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH THE PLATFORM TO ANYONE.
If you are dissatisfied or harmed by us or anything related to us, then you may cancel your Account and terminate this Agreement in accordance with the provision above titled “Suspension and Cancellation of Accounts” and, to the extent permitted by law, such cancellation and termination will be your sole and exclusive remedy. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Platform or the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Platform or the Services or any content or other material used or displayed through the Platform or Services. We do not have any obligation to verify the identity of the persons subscribing to our Services or the Platform, nor do we have any obligation to monitor the use of our Services by other Users of the community. To the extent permitted by law, we exclude any warranty or representation that the Services and Platform will function without interruption or errors in functioning. You acknowledge that the Services and Platform may be interrupted, or subject to errors, due to maintenance, updates, or system or network failures or other causes. To the extent permitted by law, we disclaim all liability for any Losses as may be caused by or in connection with any such interruption or errors in functioning. To the extent permitted by law, we expressly exclude any liability for any remarks, information or other content posted or made available on the Platform including by any User or third party, even if it may not be Unacceptable Content. Other than as required by law, we do not have, and expressly exclude any liability for, any obligation to monitor content on the Platform for Unacceptable Content. We will remove or restrict access to any information or content posted or made available on the Platform where required by law or if ordered to do so by a court. Otherwise, we may remove or restrict access to any such information or content if we consider such information or content to be Unacceptable Content, but we have no obligation to do so.
Limitations of Liability
TO THE EXTENT PERMITTED BY LAW, OTHER THAN AS EXPRESSLY PROVIDED BELOW, NEITHER WE NOR ANY SERVICE PROVIDER WILL BE RESPONSIBLE TO YOU OR ANY OTHER PERSON IN CONNECTION WITH ANY LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE LOSS OR DAMAGES RELATING TO OR IN CONNECTION WITH YOUR USE OF THE PLATFORM OR THE SERVICES. TO THE EXTENT PERMITTED BY LAW, NEITHER WE NOR ANY SERVICE PROVIDER SHALL BE CUMULATIVELY LIABLE FOR: (A) ANY LOSSES IN EXCESS OF FIVE TIMES THE MOST RECENT (AS AT THE DATE SUCH LIABILITY TO YOU ACCRUED) MONTHLY FEES THAT YOU PAID VIA THE PLATFORM, IF ANY, OR (B) US$100, WHICHEVER AMOUNT IS GREATER. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN US AND WITHOUT IT THE TERMS AND PRICES CHARGED WOULD BE DIFFERENT. THIS LIMITATION OF LIABILITY SHALL:
- APPLY REGARDLESS OF WHETHER: (I) YOU BASE YOUR CLAIM ON CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY; (II) WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES; OR (III) THE LIMITED REMEDIES PROVIDED IN THIS PROVISION FAIL OF THEIR ESSENTIAL PURPOSE;
- NOT APPLY TO ANY DAMAGE THAT WE MAY CAUSE YOU INTENTIONALLY OR KNOWINGLY IN VIOLATION OF THIS AGREEMENT OR APPLICABLE LAW, OR AS OTHERWISE MANDATED BY APPLICABLE LAW THAT CANNOT BE DISCLAIMED FROM IN THIS AGREEMENT; AND
- NOT APPLY IF YOU HAVE ENTERED INTO A NON-STANDARD AGREEMENT TO PURCHASE SERVICES WITH A SEPARATE LIMITATION OF LIABILITY PROVISION THAT EXPRESSLY SUPERSEDES THIS PROVISION IN RELATION TO THOSE SERVICES.
WE RECOGNIZE THAT IN SOME COUNTRIES, YOU MIGHT HAVE LEGAL RIGHTS AS A CONSUMER. TO THE EXTENT PERMITTED BY LAW, ANY LIABILITY OF OURS IN CONNECTION WITH THE SERVICES OR PLATFORM UNDER ANY STATUTORY RIGHT (INCLUDING ANY CONDITION OR WARRANTY IMPLIED BY LAW OR ANY GUARANTEE OR OTHER RIGHT UNDER ANY STATUTE) THAT BY LAW CANNOT BE EXCLUDED IS, WHERE PERMITTED BY LAW, LIMITED AT OUR OPTION TO THE RESUPPLY OF THE RELEVANT SERVICES OR THE PAYMENT OF THE COST OF SAME.
California Consumer Notice
Under California Civil Code Section 1789.3, California Users are entitled to the following consumer rights notice: This Platform and Service are provided by LiveHire Ltd (ABN 59 153 266 605). If you have a question or complaint regarding the Platform or our Services, please contact Customer Service at [email protected] You may also contact us by writing at LiveHire Ltd of Level 10, 461 Bourke Street, Melbourne, Victoria, Australia 3000. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
Each User must indemnify, defend and hold harmless (on a monthly basis, as Losses are incurred) us and each Service Provider from
from any and all Losses arising from or relating to or in connection with the User’s use of the Services and/or the Platform, including:
- where the User is a Client – any Loss in relation to any claim by a Member for workers’ compensation or unemployment benefits or in relation to any Employment Contract entered into between the Client and a Member (including where it does not provide any benefits required by law);
- where the User is a Member – any Loss in relation to performance or work or services by the Member, any failure by the Member to satisfy any legal requirement (whether as to age, qualifications or otherwise), or in relation to any Employment Contract entered into between the Member and a Client;
- relating to the User having submitted any Unacceptable Content to the Platform or any other breach of any kind by the User of this Agreement; or
- any Loss in relation to any claim by a third party that any action or omission of the User infringes the Intellectual Property or other rights of any Person.
Dispute Resolution and Arbitration, Class Actions and Jury Waivers
Please read this carefully. It affects your rights.
Most User concerns can be resolved quickly and to a User’s satisfaction by contacting us at [email protected] This Provision facilitates the prompt and efficient resolution of any disputes that may arise between you and us. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.
Please read this Provision carefully. It provides that all Disputes between you and us shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees).
For the purpose of this Provision, “us”, “we”, “our”, “LiveHire”, “LiveHire.com” refer to LiveHire Ltd of Level 10, 461 Bourke Street, Melbourne, Victoria, Australia 3000 and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and us regarding any aspect of your relationship with us, whether based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve the Dispute. You must commence this process by mailing written notification to us at LiveHire Ltd, Level 10, 461 Bourke Street, Melbourne, Victoria, Australia 3000 addressed to the attention of the General Counsel. That written notification must include: (a) your name; (b) your address; (c) a written description of your Claim; and (d) a description of the specific relief you seek. If we do not resolve the Dispute within 45 days after we receive your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
Exclusions from Arbitration / Right to Opt-out
Notwithstanding the above, you or we may choose to pursue a Dispute in court and not by arbitration if: (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (Opt-Out Deadline). You may opt out of this Provision by mailing written notification to us at LiveHire Ltd, Level 10, 461 Bourke Street, Melbourne, Victoria, Australia 3000 addressed to the attention of the General Counsel. Your written notification must include: (1) your name; (2) your address; and (3) a clear statement that you do not wish to resolve disputes with us through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with us. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.
If this Provision applies and the Dispute is not resolved as provided in “Pre-Arbitration Claim Resolution” above, either you or we may initiate arbitration proceedings. The American Arbitration Association (AAA), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision. For arbitration before the AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply. For Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules for Emergency Measures of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols for Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. Because the Platform and this Agreement concern interstate commerce, the Federal Arbitration Act (FAA) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit. Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement. Location of Arbitration – You or we may initiate arbitration in either Philadelphia or the federal judicial district that includes your billing address. In the event that you select the federal judicial district that includes your billing address, we may transfer the arbitration to either Philadelphia in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator. Payment of Arbitration Fees and Costs – We will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with us as provided in “Pre-Arbitration Claim Resolution” above and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and we specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Platform or Website can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
You understand and agree that by entering into this Agreement you and we are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and we might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable, and the Dispute will be decided by a court.
This Provision shall survive the termination of this Agreement. Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any change to this Provision (other than a change our address for notices), you may reject any such change and require us to adhere to the language in this Provision if a dispute between us arises.
Where we have provided you with a translation of the English language version of this Agreement and/or any other documentation, you agree that the translation is provided for your convenience only and that the English language versions of this Agreement and any other documentation will govern your relationship with us.
Each User must provide and maintain a valid Address on the Platform. You consent to the use by us of: (a) electronic means to complete this Agreement and to deliver any notices pursuant to this Agreement; and (b) electronic records to store information related to this Agreement or your use of the Platform. Notices will be invalid unless made in writing and given: (i) by us via email to the relevant Address that you provide and maintain on the Platform; (ii) by us by posting on the Website; or (iii) by you – via email to [email protected]. An email will be taken to have been served at the time of sending, unless within 24 hours of it being sent the sender receives a manual or automated response indicating that it was not delivered successfully.
Amendments to the Services or this Agreement
Dates and Timelines
All references to days shall be to calendar days, except as expressly noted otherwise.
The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect that party’s right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorized representative of each party.
You may not assign this Agreement, or any of your rights or obligations under it, without our prior written consent. We may freely assign this Agreement without your consent.
No Third-Party Beneficiary Rights
Except to the extent that this Agreement purports to confer a right on any Service Provider (which we hold in trust for that Service Provider), this Agreement shall: (a) create rights and obligations only between us and each User; and (b) not create any rights for any other Person. For the avoidance of doubt, no User will be entitled to enforce the terms of this Agreement as they apply between us and another User.
If and to the extent any provision of this Agreement is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof shall be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability, and shall be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction shall not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.
This Agreement and the rights and obligations of the parties to and under this Agreement shall be governed by and construed under the laws of the United States and the State of New York as applied to agreements entered into and to be performed in such State without giving effect to conflicts of laws rules or principles. Except for Disputes subject to arbitration as described above, any disputes arising out of or in connection with this Agreement, including any question regarding its existence, interpretation, validity, performance or termination, or any dispute between the parties arising from the parties’ relationship created by this Agreement, shall be heard in the state and federal courts located in New York City, New York and the parties hereby consent to exclusive jurisdiction and venue in such courts.
In this Agreement the following phrases have the following meanings:
Account means the right of the relevant User to use the applicable functionality of the Platform under this Agreement.
Address means, in respect of a User, each of the User’s email address and postal address (where the User can usually be contacted) registered for that User’s Account.
Client means an entity, organisation or individual which has a commercial arrangement with us which permits them to use our Services and/or Platform, primarily to search for, contact or otherwise engage with Members for recruitment and talent pooling purposes.
Connection (also Talent Community Connection) means an agreement between a Member and a Client to be connected for potential employment opportunities and related communication. It can arise in several ways, such as through a Member choosing to join a Client’s Talent Community, applying for a job, or accepting a contact request or invitation sent from a Client.
Employment Contract means any contract between a Member and an employer, whether as an employee, independent contractor or otherwise.
Intellectual Property means any and all intellectual property rights (whether statutory, common law or otherwise), including all rights in inventions, patents, patent applications, utility models, copyright (including future copyright), trademarks, logos and design marks, service marks, trade names, business names, brand names, designs, know how, trade secrets and rights in confidential information, domain names, other names and locators associated with the world wide web, internet addresses, semiconductor or circuit layout rights, and all and any other intellectual property rights, whether registered or unregistered, and including all applications and rights to apply for any of the same.
Losses means all claims, legal proceedings, judgments, adjudications, damages, liabilities, losses (including losses of revenue), costs, and expenses (including reasonable attorneys’ fees and all related costs and expenses on a solicitor own client basis).
Member means a User who registers with the Platform as a candidate and uses the Platform and/or the Services primarily to search for, contact or otherwise engage with Clients or other Users for their own purposes.
Person means any individual, candidate, company, partnership, joint venture or other legal entity or entities.
Personal Information has the meaning in the Australian Privacy Act 1988 (Cth) as amended.
Platform means the Website and all associated software, apps, files, emails, SMS, pictures, data, hardware, technology, business systems and processes and other resources.
Service Providers include a range of parties to whom we outsource certain functions of our business for our back-office, IT, professional support services (such as partners, service providers, contractors, suppliers, distributors and agents, including IT and web support contractors, cloud service providers, finance agencies, marketing partners and analysis companies).
Services means any products, goods or services that we or any Client or Service Provider provide to or for you, whether or not via the Platform.
Unacceptable Content means any content that we determine:
- is racist, hateful, violent, defamatory, harassing, abusive, threatening, malicious, inflammatory or otherwise objectionable;
- is pornographic, sexually explicit, obscene or excessively profane;
- is unlawful or encourages unlawful conduct;
- is fraudulent, false, misleading or deceptive;
- infringes, or encourages the infringement of, any Person’s rights, including Intellectual Property, confidentiality, security or privacy rights;
- amounts to commercial advertising of any other website, product or service; or
- contains any link to any website that includes any of the above types of content.
User means a Person whose name is specified during an online registration process to create an Account on the Platform in the name of that Person, whether that Person then uses the Platform as, or on behalf of, a Client or Service Provider, as a Member, or on some other basis.