1. General

1.1

These terms and conditions (Terms) govern your use of the Applicant Tracking System offered by EPI Capital Pty Ltd (Tanda) through its web-based platform accessible at www.tanda.co, and any other platform or services that post a link to or include these Terms (collectively the Platform).

1.2

IMPORTANT! PLEASE CAREFULLY READ THESE TERMS BEFORE USING THE PLATFORM, AS THEY AFFECT YOUR LEGAL RIGHTS, OBLIGATIONS AND INFORMATION PRIVACY. You agree to these Terms by accessing or using the Platform. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THE PLATFORM.

1.3

Unless otherwise noted, all references to “you” or “your” in these Terms refer to all users of the Platform. These Terms govern your use of the Platform and its related services offered by Tanda. 

1.4

We may review and amend these Terms  from time to time, by publishing the new version on the Platform or our website at www.tanda.co/recruiting-terms. Your continued use of the Platform after we post any changes to these Terms will constitute your agreement to those changes effective from that date.

2. Privacy

2.1

We maintain a privacy policy that sets out how we handle your personal information (as defined in the Privacy Act 1988 (Cth) (Privacy Act)). You should read the privacy policy at https://www.tanda.co/privacy/.

2.2

By accepting these Terms, you agree that you have read our privacy policy.

2.3

Our privacy policy is a non-contractual document prescribed by the Privacy Act. It does not impose any contractual obligations on us, and we disclaim any such contractual obligations.

2.4

The Privacy Act requires us to take such steps as are reasonable in the circumstances to ensure that any recipients of personal information outside of Australia do not breach the privacy principles contained within the Privacy Act.

2.5

You consent, acknowledge and agree that: 

1. any personal information as defined in the Privacy Act 1988 (Cth) (Privacy Act)) disclosed to Tanda via the use of the Platform, including but not limited to any personal information contained in documents you upload to the Platform or forms you submit via the Platform, may be disclosed to:

1. 1. our associated entities, our potential or actual business partners, our potential or actual third-party providers or contractors for any purpose; or 
   2. anyone else in Tanda’s discretion, but only for the purpose of assisting you to find employment; 

1.  
2. your personal information may be stored on infrastructure outside of Australia; 
3. you will not receive notification when your personal information is disclosed in the manner described in 2.5(a); and
4. by continuing to use the Platform, you expressly agree and consent to the use and disclosure of any personal information in the manner permitted by this clause, including disclosure outside of Australia.

2.6

In providing this consent you understand and acknowledge that countries outside Australia do not always have the same privacy protection obligations as Australia in relation to personal information. 

2.7

By providing consent under the Privacy Act, Australian Privacy Principle 8.1 does not apply to disclosures referred to in this clause. 

2.8

If you are under 15 years of age, you must not use the Platform unless:

1. you understand that your personal information will be collected, used and disclosed by Tanda in accordance with our privacy policy, and you understand the content of that policy;
2. you understand clause 2.5 is asking you to decide whether to give consent or not give consent for your personal information to be used in the way described in clause 2.5; 
3. you understand that by continuing to access or use the Platform you are giving the consent in clause 2.5;
4. you understand the consequences of giving the consent in clause 2.5; and 
5. you based your decision to give the consent in clause 2.5 on reason; or 
6. your parent or guardian consents to your personal information being used in the way described in clause 2.5.

2.9

Notwithstanding anything to the contrary, Tanda shall have the right to collect and analyse data and other information relating to the provision, use and performance of the Platform, and Tanda will be free (during and after the term hereof) to:

1. use such information and data to develop, improve and enhance the Platform and for other development, research, data analytics, diagnostic and corrective purposes in connection with the Platform and other Tanda offerings; and
2. disclose or publish such data solely in aggregate or other de identified form.

3. Use of the Platform

3.1

In using or accessing the Platform, you must not:

1. share user credentials with others;
2. use the Platform to defame, spam or harass any person or to distribute, view or create any material that may be pornographic, defamatory, offensive, obscene, illegal or unlawful;
3. use the Platform in a way that may infringe the Intellectual Property Rights of a third party;
4. reproduce any part of the Platform for sale or incorporation into any other product or service intended for sale; 
5. attempt to gain unauthorised access to any materials, documents or code other than which you have been given express permission to access, or to the computer system on which the Platform is hosted;
6. transmit or upload to our Platform  any files, code or programs that may damage or corrupt the IT infrastructure, devices, data or software of Tanda or any third party;
7. engage in any illegal or unlawful activity, including any fraudulent use of the Platform or our products;
8. use our Platform to apply for positions you do not genuinely intend to be considered for, or otherwise engage with the Platform in a disingenuous manner;
9. engage in any activity that is otherwise deemed by us to be contrary to the way our Platform or products are designed or permitted to be used; 
10. engage in any activity that otherwise adversely affects other users’ use of, or access to, our Platform; or
11. engage in any activity otherwise deemed inappropriate by Tanda.

3.2

You must not permit or facilitate the acts in 3.1(a) to 3.1(j) to be done by another person. 

3.3

When you provide information to the Platform, you agree to provide only true, accurate, current and complete information.

3.4

You agree to comply with all rules, laws and regulations that are applicable to your use of the Platform, including, without limitation, those governing your transmission or use of any software or data and those related to employment.

4. Intellectual Property Rights

4.1

You acknowledge that we or our licensors own all legal rights, title and interest in and to the Platform, and the content contained on the Platform, including without limitation, graphics, layout, text, images, trade marks, logos, service marks, designs, information, data, advertising copy, domain names, source and object code and the ‘look and feel’ of the Platform, and nothing in these Terms constitutes a transfer or assignment of any Intellectual Property Rights by us.

4.2

You must not modify, adapt, translate, prepare derivative works of, decompile, reverse engineer, disassemble, reproduce, republish, display, post, transmit, distribute or otherwise attempt to derive source code or object code from the Platform or create or attempt to create a substitute or similar service or product through use of, or access to, the Platform. 

4.3

Provided you comply with these Terms, we grant you a personal, non-exclusive, non-transferable, revocable, limited licence to access and use the Platform in accordance with these Terms. This licence is subject to your full compliance with these Terms.

5. Availability and support

5.1

We make no warranty, and have no obligation to ensure that, the Platform is:

1. available for use at any given time;
2. compatible with the mobile device or equipment you choose to access the Platform on; or
3. error-free.  

5.2

We and our third party providers do not, and are not obligated to, provide any technical or other support for the provision of the Platform under the Terms.

5.3

We may suspend (in part or whole), and without prior notice to you, your access to the Platform, and remove or de-promote applications made by you via the Platform if:

1. there is a malfunction, fault or breakdown of any of our (or our contractors) equipment or if we (or our contractor) needs to do any repairs, maintenance or service on any part of the Platform;
2. we are required by law to do so;
3. an event of Exceptional Circumstance occurs, which affects or may affect our ability to provide the Platform;
4. if someone claims the Platform (or our provision of the Platform) infringes the Intellectual Property Rights of any person;
5. if someone brings a claim that exposes us to liability or prosecution for an offence or liability to a statutory prosecution; or
6. we detect or reasonably suspect that fraudulent or unlawful activity is occurring via your use of the Platform; 
7. we determine or reasonably suspect that you have breached these Terms.

A suspension for any of these reasons will not affect any right which accrue prior to, or after, suspension of our obligations under these Terms.

5.4

You acknowledge and agree that:

1. access to the Platform is reliant upon various factors outside our control, including, without limitation, events of Exceptional Circumstance, your internet service provider, telecommunications provider or equipment used to access the Platform; and
2. we will not be responsible or liable for any loss of access or functionality to the Platform referred to in this section 5.

5.5

We are under no obligation to back-up or otherwise retain data on the Platform relating to your account at any time during your use of the Platform or after termination of the Terms or cancellation of your account.

6. Limitation of Liability

6.1

You acknowledge and agree that the Platform contains general information and may include material from many different sources. We make no representation and do not warrant that the information provided is complete, accurate or current. 

6.2

The Platform is intended to provide you with a means to apply for an employment position. We make no representation and do not guarantee that you will be successful in obtaining employment via the Platform. 

6.3

We are not responsible for any unauthorised activity that may have occurred by you using the Platform. We may refer fraudulent or abusive or illegal activity to the relevant authorities.

6.4

We will not be liable for any virus, malware, trojan or similar malicious software program or code infecting your software or hardware as a result of interactions with third parties on the Platform. 

6.5

You acknowledge and agree that our ability to provide any service via the Platform is subject to: 

1. you complying with your obligations, and any other limitation or exclusion set out in the Terms; and 
2. your third party hardware and software (including browser and operating system of choice) meeting the Platform’s minimum operating requirements, as may be detailed on the Platform and updated from time to time. 

6.6

We do not control the user content made available via the Platform and therefore does not guarantee the accuracy, integrity, quality or lawfulness of any content you publish, upload or post. 

6.7

You acknowledge and agree that, despite all reasonable precautions on our part, we, our directors, employees, contractors or other representatives exclude all liability to you or anyone else for loss or damage of any kind (howsoever caused or arising) relating in any way to the Platform, to the extent permitted by law, including but not limited to loss or damage you may suffer as a result of: 

1. any errors, mistakes or inaccuracies on the Platform; 
2. you acting or failing to act on any information contained on or referred to on the Platform;
3. any bugs, viruses, trojan horses or other harmful code in connection with your use of the Platform or your device on which the Platform is installed,

and you acknowledge that the existence of any of the above in section 6.7 will not be a breach of these Terms.

6.8

To the full extent permitted by law, Tanda excludes:

1. all liability in respect of any loss (whether direct, consequential or otherwise) including liability for any loss of data, interruption of business or any indirect or consequential loss, loss of profits, loss of opportunity or incidental damage; and 
2. all warranties and representations (express and implied) unless otherwise stated to the contrary in the Terms.

6.9

To the extent permitted by law, Tanda’s total liability under or in connection with these Terms (whether in contract, tort, indemnity or statute), shall be limited cumulatively in the aggregate to AUD$10.

7. Indemnity

7.1

You agree to indemnify Tanda, its officers, employees and agents from and against any loss, claim, liability, cost or expense (including legal fees on a solicitor/ own client basis) incurred by Tanda arising from or in any way related to: 

1. your breach of the Terms; 
2. your infringement or alleged infringement of a third party’s Intellectual Property Rights; 
3. your use of the Platform; or 
4. your violation of applicable law, rules or regulations. 

7.2

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.

8. Miscellaneous

8.1

The Terms are governed by and construed in accordance with the laws of Queensland, Australia and each party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland.

8.2

You must not assign, transfer or novate any of your rights or obligations under or relating to the Terms.

8.3

We may assign, transfer or novate any of its benefits, rights or obligations under or relating to the Terms with notice in writing to you. 

8.4

If a provision of the Terms is illegal, invalid, unenforceable or void in a jurisdiction it is severed for that jurisdiction and the remainder of these Terms have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected.

8.5

You can give us notice under these Terms by email at [email protected].

8.6

We can give you notice under these Terms by emailing you at the email address that is attached to your Platform account, or texting you at the mobile number that is attached to your Platform account.

8.7

You agree to keep your contact information up-to-date, and understand that we will have no way of notifying you if your contact information is not current.

9. Definitions

9.1

In these Terms: 

Exceptional Circumstance means a circumstance beyond the reasonable control of the parties which results in a party being unable to observe or perform on time an obligation under the Terms.  Such circumstances include:

1. adverse changes in government regulations;
2. any disaster or act of God, lightning strikes, atmospheric disturbances, earthquakes, floods, storms, explosions, fires and any natural disaster;
3. epidemic or pandemic; 
4. acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution, cyber attacks, viruses or malware, data loss as a result of the actions of a third party;
5. strikes or industrial disputes; and
6. acts or omissions of any third party network providers (such as internet, telephony or power provider).

Intellectual Property Rights means all intellectual property rights including all current and future registered and unregistered rights in respect of copyright, designs, circuit layouts, trade marks, know-how, confidential information, patents, inventions and discoveries and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967.