Terms and Conditions of Use

Last updated on 23 July 2025

To make it easier for you to understand the terms on which we provide our services, we’ve tried to keep these terms of use (Terms) as simple as possible by using plain English.

When we talk about “Z Recruitment”, “we,” “our,” or “us” in these Terms, we are referring to Z Employment Co Pty Ltd (ABN 93 658 127 630). When we talk about the “Services” in these Terms, we are referring to the services offered by us in our mobile applications available on the Apple iOS Store and the Google Play Store (App), our Website and any associated services we offer.

Agency means an entity utilising the Product / Services in order to place Candidates with a Host workplace or host Employer. 

Award means an award as defined in the Fair Work Act or other legislation.

Candidate means anyone who is seeking employment through us and includes a user of the Services.

Consequential Loss means , whether under statute, contract, equity, tort (including negligence), indemnity or otherwise; any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the Parties at the time they entered into these Terms as the probable results of the relevant breach, act or omission, and/or,  any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data. The Parties agree that the obligation to pay us a Fee will not constitute “Consequential Loss”.

Contract means an agreement (whether an employment agreement, contractor agreement etc) between a Candidate or his/her related entity and an Employer.

Host Employer(s) means a host employer or host workplace that is looking to hire / place a candidate.

Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control.

Intellectual Property means any and all existing and future rights throughout the world conferred by statute, common law, equity or any corresponding law in relation to any copyright, designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information, circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing, whether or not registered or registrable.

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.

Party or Parties means us, an Agency, User or Candidate

Platform means the platform under which the Services are provided and includes an app on the App Store, an app on the Google Play Store or the Website.

Privacy Policy means our privacy policy as outlined in the Platform and available at www.zrec.com.au.

Policy / Policies means any policies implemented by us from time to time a copy of which will be provided to you.

Terms means these terms and conditions and shall include, where relevant, our Privacy Policy.

User means someone that is using the Services and includes a Candidate and/or an Agency or representative of an Agency.

Website means https://www.zrec.com.au

In these Terms, you means a User (as applicable), being the person or entity registered with us as a User (regardless of the type of user) or the individual accessing or using the Services and includes an Agency or Candidate.

We’ve also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.

1 Disclosures

1.1 Our complete terms and conditions are contained below, but some important points for you to know before you become a User are set out below.

1.2 We will handle your personal information in accordance with our Privacy Policy. 

1.3 Our liability under these terms is limited to the service fees (Fee) paid by you in the 12 months immediately preceding the act giving rise to liability, and, if no service fee was paid or payable, $100, and we will not be liable for Consequential Loss;

1.4 We will have no liability for:

(a) the use or results of any third party id service or identity check; or

(b) any aspect of the Candidate and Agency interaction; or

(c) any event outside of our reasonable control;

1.5 We may receive a benefit from the Agency by way of a separate agreement and this may include payment of a Fee.

1.6 Nothing in these terms limit your rights under the Australian Consumer Law.

2 OVERVIEW

2.1 The Services

(a) The Services are provided by us to the Agency in order to assist the Agency in placing Candidates in various roles with Employers.

(b) The Services are also provided by us to the Candidates in order to find suitable employment.

(c) The Services may contain the Agency’s branding however you acknowledge and agree that this branding is pursuant to a white labelling / master services agreement (MSA) and the existence and use of the Platform and Services is and shall remain at all time subject to such MSA. If for whatever reason the MSA is terminated, then your access to the Services may be suspended or cancelled.

(d) You acknowledge that all Intellectual Property with respect to the Services and Platform is and shall remain our property and nothing herein shall deem to grant a licence or transfer of any part of such Intellectual Property as amended from time to time (whether with or without your input).

2.2 Ownership and handling of end user data 

(a) Z Recruitment acknowledges and agrees that any data relating to the Candidates or Agency ("End User Data") shall remain the sole and exclusive property of the party that supplied it, subject to applicable privacy laws and regulations, including but not limited to the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

(b) Z Recruitment shall take all reasonable steps to ensure compliance with all applicable privacy laws and regulations in its handling, storage, and processing of End User Data (so far as it has access to it).

(c) Upon termination or expiration of access to the Platform, the Candidate shall be permitted to obtain a copy of all End User Data provided by the Candidate in a format as supplied by Z Recruitment and otherwise per our Privacy Policy.

(d) Upon termination or expiration of access to the Platform, the Agency shall be permitted to obtain a copy of all End User Data in a format as supplied by Z Recruitment. Where such data includes data supplied by the Candidate the Agency agrees to use such data in accordance with applicable privacy laws and regulations, including but not limited to the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

(e) Access to the information shall be provided per our Privacy Policy.

3 INTRODUCTION

(a) These Terms set out the terms and conditions that apply when you use the Services.

(b) By using the Services through the Platform, or otherwise engaging with the content on the Services, you represent and warrant that you are at least 18 years old , have the legal capacity to enter into a binding legal agreement with us and you agree to be bound by these Terms.

(c) Please have a careful read through these Terms before using the Services. If you don’t agree to these Terms, please don’t use the Services.

(d) We may modify our Terms from time to time. If we do, we will notify you via the Platform or update the Website and/or send you an e-mail. If you continue to use the Services after we modify our Terms, you’ll be taken to have agreed to the Terms as modified. If you do not agree to the amendment and it adversely affects your rights, you must delete your Account and cease using the Platform.

(e) By utilising the Services you agree to also comply with any other Policies that we put in place such as our Privacy Policy etc.

(f) If you access or download our mobile application from (1) the Apple App Store, you agree to any usage rules set forth in the App Store Terms of Service or (2) the Google Play Store, you agree to the Android, Google Inc. terms and conditions including the Google Apps Terms of Service.

(g) We may use other APIs such as Google Maps APIs. Your use of third party APIs may be subject to their terms of use.

(h) Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to download and use our Platform in accordance with these Terms.  All other uses are prohibited without our prior written consent.

(i) When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including:

(i) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

(ii) using the Platform to defame, harass, threaten, menace or offend any person;

(iii) using the Platform for unlawful purposes;

(iv) interfering with any user of the Platform;

(v) tampering with or modifying the Platform (including by transmitting viruses and using trojan horses);

(vi) using the Platform to send unsolicited electronic messages;

(vii) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform;

(viii) attempting to or reverse engineering the code to the Platform; or

(ix) facilitating or assisting a third party to do any of the above acts.

4 ACCOUNT REGISTRATION

4.1 Creating your account

(a) In order to use the Services, you will be required to sign up for an account (Account).

(b) In order to sign up for an Account, you represent and warrant that:

(i) you are at least 18 years old;

(ii) you have not committed or been convicted of any indicatable offence; and

(iii) you are not the subject of any investigation or court proceedings; and

(iv) you are legally qualified to enter into these Terms; and

(v) you do not have more than one account or other aliases on our Services; and

(vi) you have not been previously removed from our Services or your account has not previously been deleted by us. 

(c) When you register for an Account, you must provide true, accurate and complete information as requested and keep this information up to date after registration and during your use of the Services.

(d) You must register on the Platform and create an account in your individual capacity (Account) to access the Platform’s features as a Candidate or Host Employer. Where you are registering an account on behalf of an organisation or company, you represent and warrant that you have the required consent to do so. 

(e) You must provide basic information when registering for an Account including your name, email address, contact number and you must choose a username and password. You may also be required to upload a photo of yourself for the purposes of an identity check. [KK8] 

(f) All personal information you provide to us will be treated in accordance with our Privacy Policy and in accordance with Australian Privacy Laws.

(g) You may only create an account as a Candidate, Host Employer or Agency.

4.2 maintaining your account

(a) You agree that you’re solely responsible for:

(i) maintaining the confidentiality and security of your Account information and your password; and

(ii) any activities and those of any third party that occur through your Account, whether those activities have been authorised by you or not; and

(iii) using the latest version of our App or Website; and

(b) You also agree to let us know if you detect any unusual activity on your account as soon as you become aware of it.

(c) We won’t be responsible to you for, and expressly disclaim any liability for, any cost, loss (including Consequential Loss), damages or expenses arising out of a failure by you to maintain the security of your Account information including your password.

(d) Z Recruitment may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these Terms.

5 communication with us and other users

5.1 User interactions

(a) While Z Recruitment strives to create a safe and respectful online community and user experience, you acknowledge and agree that we are not responsible for the conduct of any User either on or off the App or Website.

(b) You agree to use caution in all interactions with other users if you choose to communicate with another user off the App and particularly if you meet another user in person.

(c) You are solely responsible for your interaction with other users of the App. Z Recruitment does not conduct police checks on its users or otherwise inquire into the background of its users. Z Recruitment makes no representations or warranties as to the conduct or compatibility of its users.

(d) We do not make any representations or warranties as to the conduct, identity, health, physical condition, intentions or legitimacy of any users and will not be held liable in any way. Any investigations into a user’s background is at Z Recruitment’s discretion and you hereby authorise Z Recruitment to use the information supplied by you for the purposes of carrying out any such background check if Z Recruitment wishes to do so. We strongly suggest and encourage that you approach interactions with others cautiously and take all and any safety precautions.

(e) You agree to present yourself respectfully and authentically by refraining from uploading or sharing content that is obscene, pornographic, violent or otherwise offensive, or that is abusive, insulting, threatening or otherwise encourages or facilitates any illegal activity. You agree that you are solely responsible for taking all necessary steps to protect your privacy and security when taking and uploading photos to the App.

5.2 Information sharing

(a) Your full name may be displayed in the Platform.

(b) As part of your profile, if you are a Candidate you may be required to provide certain information including details about yourself such as your date of birth, residential address, employment history, criminal history, qualifications etc. This information will be used in line with our Privacy Policy and otherwise to give effect to the Services.

(c) You agree that all the information posted will be accurate and you will not post any other person’s photos.

5.3 App Use

By signing up for an Account or otherwise using our App or Website, you agree that you will not:

(a) misrepresent your age, identity or qualifications;

(b) use another user’s Account;

(c) share, or encourage other users to share, pornographic content;

(d) use our Services for any political campaign;

(e) express that any statements you make are supported or endorsed by Z Recruitment

(f) use or develop any third-party applications or services that directly interact with our Services or any content therein without our prior written consent including using any artificial intelligence to somehow modify our Services or enhance the Services or affect the Services in any way; 

(g) probe or test the vulnerability of our Services;

(h) create a new account after we suspend or terminate your account, unless we expressly agree in writing;

(i) use the Services for any illegal, nefarious or harmful purpose; or

(j) use the Service to damage the reputation of Z Recruitment.

5.4 Promotions

(a) From time to time, Z Recruitment may feature, suggest, or recommend certain Host Employers or Candidates so as to find the best way to match Candidates with Host Employers. These recommendations are provided for your convenience and do not constitute an endorsement or guarantee by Z Recruitment of the quality, suitability or availability of any Candidate and Host Employer.

(b) Z Recruitment makes no representations or warranties, express or implied, regarding any Candidate or Host Employer.

(c) If you are a Candidate you understand that we do not make any representations with respect to the Host Employer and must carry out your own due diligence with the relevant Host Employer and with respect to the Agency.

(d) If you are an Agency, you understand that we do not make any representations with respect to any Candidate and that you must carry out your own due diligence with respect to such Candidate.

6 FEES

6.1 Payment of Fees

(a) If you are an Agency, you agree to pay the Fees as advised by us from time to time via https:zrec.com.au or as otherwise outlined by us in our MSA or within the Platform under which the Services are being provided. Fees are paid monthly in advance and the fixed term is for a minimum of 12 months.

(b) Your Fees will depend on the subscription model that you have agreed to.

(c) Your subscription may be upgraded or downgraded by providing written notice to us or by contacting our sales support team, bearing in mind the minimum term outlined at clause 6.1.  

6.2 Failure to pay

If Fees for an Account are not paid when they are due, we may revoke your Account and require payment for you to continue accessing those Services.

6.3 Payment methods

We may use third-party payment providers (Payment Providers) to collect Fees or fees may be handled outside of the platform or via the App Store or Google Play Store . The processing of payments by the Payment Provider will be, in addition to these Terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment. Where a Payment Provider is involved, you agree to abide by the terms and conditions of such Payment Provider so far as they apply to you.

7 REFUNDS

Except as otherwise set out on our website or required by law (including the Australian Consumer Law), we generally don’t offer refunds for any of our subscriptions and any refunds we issue will be solely at our discretion and usually only in extenuating circumstances. Please let us know if you have any issues with our Services that you think should entitle you to a refund and we’ll consider your situation.

8 ACCEPTABLE USE

You are required to make a few promises about the way you’ll use the Services.

You agree:

(a) not to copy, reproduce, translate, adapt, vary or modify the Services without our express consent;

(b) not to use the Services in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

(c) not to use the Service for the purpose of distributing unsolicited commercial content, junk mail, spam, bulk content or harassment;

(d) not to attempt to breach the security of the Services or Z Recruitment’s system security, or otherwise interfere with the normal function of the Services, including by:

(i) gaining unauthorised access to Accounts or data about other users of the Services;

(ii) scanning, probing or testing the Services for security vulnerabilities;

(iii) overload, flood, mailbomb, crash or submit a virus to the Services or Z Recruitment’s system; or

(iv) instigate or participate in a denial-of-service attack against the Services or Z Recruitment’s system; and

(e) to ensure that your employees, sub-contractors and other agents who you have authorised to use or access the Services comply with the Terms.

9 YOUR CONTENT

9.1 Types of content

As part of using the Services, you’ll be uploading images, content, information and materials you share with us or the Agency (Posted Materials).

9.2 Posted materials

By providing or posting any Posted Materials, you represent and warrant that:

(a) you are authorised to provide the Posted Materials;

(b) the Posted Materials are free from any harmful, discriminatory, defamatory or maliciously false implications and do not contain any offensive or explicit material;

(c) the Posted Materials are not “passing off” of any product or service and does not constitute unfair competition;

(d) the Posted Materials do not infringe any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, semiconductor and circuit layout rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of this agreement (Intellectual Property Rights);

(e) the Posted Materials are accurate and true at the time they are provided;

(f) any Posted Materials which are in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;

(g) the Posted Materials do not contain any viruses or other harmful code, or otherwise compromise the security or integrity of any network or system; and

(h) the Posted Materials do not breach or infringe any applicable laws, regulations or orders.

9.3 Posted materials – IP licence

By uploading any Posted Materials, you grant to Z Recruitment (and its agents or service providers) a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in that Posted Material in order for Z Recruitment to use, exploit or otherwise enjoy the benefit of such Posted Material.

9.4 Removal of posted materials

We don’t have any obligations to screen Posted Materials in advance of them being posted and your compliance with these Terms is your responsibility. However, we may, if we choose, review and remove any Posted Materials at any time without giving any explanation or justification for removing the material and/or information.

10 OUR CONTENT

10.1 Unless we indicate otherwise, all materials used in the services (including text, graphics, logos, icons, sound recordings and software) are subject to Intellectual Property Rights that are owned or licensed by us.

10.2 You can only access and use these materials for the sole purpose of enabling you to use the Services in accordance with the plan you are on, except to the extent permitted by law or where you have received prior written approval from us.

10.3 OTHER USERS CONTENT

(a) You may not copy other users’ content and may not use such content except as authorised by the Services and these Terms.

(b) We are committed to fostering a positive and respectful community. We do not tolerate conduct that is inappropriate or breaches these Terms. If you come across content that is inappropriate or could be deemed inappropriate, we encourage you to block and report such content to us at admin@zrecruitment.com.au or via the contact us section of the Website.

11 NOTICE REGARDING APPLE

If you are accessing the Services from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree:

(a) these Terms are between you and Z Recruitment and not with Apple. Apple is not responsible for the Services or any content available on the Services;

(b) Apple has no obligation whatsoever to furnish any maintenance and support services for the Services;

(c) in the event of any failure of Z Recruitment to conform to any applicable warranty, you may notify Apple, and Apple will refund the price for the Services. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be Z Staffing’s responsibility;

(d) Apple is not responsible for addressing any claims by you or any third party relating to the Services, including, but not limited to:

(i) product liability claims;

(ii) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and

(iii) claims arising under consumer protection, privacy, or similar legislation;

(e) in the event of any third party claim that the Services or your use of the Services infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim;

(f) that you represent and warrant that:

(i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting’” country; and

(ii) you are not listed on any U.S. Government list of prohibited or restricted parties;

(g) you must comply with applicable third party terms of agreement when using the Services; and

(h) Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary.

12 OPERATION OF THE APP DEPENDENT ON THIRD PARTIES

You acknowledge that the Services are dependent on software and hardware developed by third party providers such as Apple and Google. If following an update by such third party provider, the Services can no longer function as they did prior to the update, we will not (to the maximum extent permitted by law) be liable to you for any loss or damage you might suffer as a result (including any Consequential Loss) .

13 SERVICE LIMITATIONS

The Services are made available to you strictly on an ‘as is’ basis. We can’t guarantee, and make no warranties, to the extent permitted by law, that:

(a) the Services will be free from errors or defects;

(b) the Services will be accessible or available at all times;

(c) messages sent through the Services will be delivered promptly, or delivered at all;

(d) information you receive or supply through the Services will be secure or confidential; or

(e) any information provided through the Services is accurate or true.

14 SECURITY

We do not accept responsibility for any unauthorised use, destruction, loss, damage or alteration to your data or information (including Posted Materials), your computer systems, mobile phones or other electronic devices arising in connection with use of the Services. You should take your own precautions to ensure that the process which you employ for accessing the Services does not expose you to the risk of hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.

15 LIABILITY

(a) To the maximum extent permitted by applicable law, Z Recruitment limits all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Services to the total Fees paid by you to Z Recruitment up to the date of the event giving rise to liability, or if no fees have been paid, $100 (AUD) in aggregate. This includes the transmission of any computer virus.

(b) You agree to indemnify Z Recruitment and its employees, contractors and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from, or in connection with, you or your representatives use of the Services and/or breach of these Terms.

(c) All express or implied representations and warranties given by us are, to the maximum extent permitted by applicable law, excluded.

(d) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.

(e) To the maximum extent permitted by law, under no circumstances will Z Recruitment be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Services, these Terms or their subject matter (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

16 CANCELLATION

16.1 Cancellation by you

You are responsible for the cancellation of your Account. You can cancel your User Account at any time by using the functionality provided in the app.

16.2 Cancellation by us

(a) To the extent permitted by law, we reserve the right to terminate your access to any or all of the Services or any part of the Services at any time without notice, for any reason, provided that we refund to you any Fees for Services which you have paid for and not received.

(b) We may also terminate your access to any or all of the Services at any time without notice without issuing a refund if you breach any provision of these Terms.

(c) In the event that your access is terminated due to a serious breach of these Terms, we reserve the right to report your conduct to the Platform provider and other apps.

16.3 Effect of cancellation

Upon cancellation, termination or expiry of your Account, we will delete any Posted Materials associated with your Account. You won’t be able to recover any of this after cancellation, termination or expiry of your Account so we recommend you back up anything important to you. We won’t be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out the cancellation, termination or expiry of your Account.

16.4 Survival

Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of this agreement will survive and be enforceable after such termination or expiry.

17 INTELLECTUAL PROPERTY

17.1 All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the terms, any content on the platform, and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us.

17.2 We authorise you to use Our Intellectual Property solely for the purposes for which it was intended to be used.

17.3 You must not, without our prior written consent:

(a) copy, in whole or in part, any of Our Intellectual Property;

(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or

(c) breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.

17.4 Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:

(a) you do not assert that you are the owner of Our Intellectual Property;

(b) unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;

(c) you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and

(d) you comply with all other terms of these Terms.

17.5 This clause will survive the termination or expiry of these Terms.

18 PRIVACY

You agree to be bound by the clauses outlined in our Privacy Policy.

19 LOCATION OF SERVICES

(a) Z Recruitment controls the operation of the Services from headquarters located in Australia. Some Services or parts thereof may be operated from, or hosted on mirrors or servers, at various locations outside of Australia.

(b) We make no representation or warranty that all of the features of the Services will be available to you outside of Australia or that they are permitted to be accessed outside Australia.

(c) You’re solely responsible for your decision to use the Services from other locations and you acknowledge that such use may be subject to, and you are responsible for, compliance with applicable local laws in relation to your use of the Services.

20 Warranties

20.1 You represent, warrant and agree that:

(a) you will not use our Platform, including Our Intellectual Property, in any way that competes with our business;

(b) there are no legal restrictions preventing you from entering into these Terms; 

(c) all information and documentation that you provide to us in connection with these Terms is true, correct and complete; 

(d) Where you are registering an organization or Company, that you have the required authorities to do so.

(e) That where you have contracted to pay a party, that you will promptly do so.

20.2 Agency warranties

The Agency warrants:

(a) That it has permissions and all authorities necessary to utilise a Host Employer’s name (where relevant) including the authority to post a job.

(b) that they will not seek any form of payment from us.

(c) That it genuinely posts job ads and will not post any false or misleading jobs.

(d) That it will be solely responsible for payment of the Candidates and/or Employers where relevant.

(e) That it acknowledges that we will not be held liable for any loss or misrepresentation by a Candidate or Host Employer.

(f) That it will indemnify us from any claim by a Candidate or Employer as a result of any acts or omissions of the Agency.

(g) It will comply with all employment laws in the placement of Candidates with Host Employers.

(h) Will not place Candidates with any Host Employers that it knows or suspects does not abide by laws.

(i) that they will not seek any form of payment from us.

20.3 Candidate warranties

The Candidate warrants:

(c) That they will only enquire on jobs they are genuinely interested in.

(c) that they will not seek any form of payment from us.

(d) That they acknowledge that we will not be held liable for any loss or misrepresentation by an Agency or Host Employer.

(e) That they will indemnify us from any claim by a Host Employer or Agency as a result of any acts or omissions of the Candidate.

21 Termination

21.1 Your Account and these Terms may be terminated by you at any time, using the ‘cancel Account’ functionality (or similar) in the Account page section of your Account settings. Your cancellation will take effect immediately.

21.2 These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:

(a) the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remediated within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or

(b) the Defaulting Party is unable to pay its debts as they fall due.

21.3 Upon expiry or termination of these Terms:

(a) we will remove your access to the Platform and after 60 days your account will be deleted;

(b) we will immediately cease providing the Services;

(c) where we terminate the Terms as a result of your unrectified default, you also agree to pay us our reasonable additional costs directly arising from such termination, including recovery fees.

21.4 Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it. 

21.5 This clause will survive the termination or expiry of these Terms.

22 NOTICES

(a) A notice or other communication to a party under this agreement must be:

(i) in writing and in English; and

(ii) delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.

(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:

(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or

(ii) when replied to by the other party,

whichever is earlier.

23 GENERAL

23.1 Governing law and jurisdiction

This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

23.2 Waiver

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

23.3 Severance

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

23.4 Joint and several liability

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

23.5 Assignment

A user cannot, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

23.6 Entire agreement

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

23.7 Dispute resolution

(a) Informal Resolution

If you have any concerns or disputes regarding the services provided by us you agree to first contact us at contact admin@zrecruitment.com.au or via the contact us section of the Website and provide a written description of the issue. We will make reasonable efforts to resolve the dispute informally within 30 days.

(b) Binding Arbitration

If we are unable to resolve the dispute informally, you agree to resolve any claim, dispute, or controversy arising from or relating to the Services through final and binding arbitration, except as otherwise provided below. Arbitration shall be conducted by an Arbitrator appointed by the Law Society of NSW. The arbitrator’s decision shall be final and enforceable in any court of competent jurisdiction.

(c) Class Action Waiver

You agree that any dispute resolution will be conducted only on an individual basis and not as part of any class, consolidated, or representative action. Subject to any laws, by using the Services, you waive any right to participate in a class-action lawsuit or class-wide arbitration.

(d) Exceptions to Arbitration

Either party may seek relief in a small claims court for disputes within its jurisdiction or pursue injunctive relief in a court of competent jurisdiction for intellectual property violations or unauthorized access to the Services.

(e) Governing Law

This agreement shall be governed by and construed in accordance with the laws of New South Wales.

(f) Modifications

Z Recruitment reserves the right to modify this Dispute Resolution clause with notice. Continued use of the Services after such modifications constitutes acceptance of the updated terms.

23.8 INTERPRETATION

(a) (singular and plural) words in the singular includes the plural (and vice versa);

(b) (currency) a reference to $; or “dollar” is to Australian currency;

(c) (gender) words indicating a gender includes the corresponding words of any other gender;

(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(e) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(f) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(g) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;

(h) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;

(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(j) (includes) the word “includes” and similar words in any form is not a word of limitation; and

(k) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.