Terms and Conditions for Candidates (Candidate Terms)
These Candidate Terms and Conditions govern the relationship between you, the person looking to for a job (Candidate) and Go Remote Pty Ltd trading as Pointer Remote Roles (Pointer Remote Roles). You must read the Candidate Terms carefully before you create an account and use Pointer Remote Roles’ website. Contact Pointer Remote Roles if you have any questions.
By paying your registration invoice, you agree to be bound by the Candidate Terms.
- Role of Pointer Remote Roles
1.1 Pointer Remote Roles is a facilitator only. Pointer Remote Roles provides you with access to the Pointer Remote Roles Platform, enabling recruiters and employers to publish roles/positions and Candidates to have their profiles registered. Pointer Remote Roles’ role is to assist you find a potential recruiter or employer who can provide you with a job that meets your requirements.
1.2 Candidates who match an advertised role or position are emailed details of the role. You choose whether or not to have your contact details and resume forwarded to the recruiter or employer and to have your profile submitted for consideration. You may choose to revoke your profile submission for a job at any time.
1.3 Pointer Remote Roles does not enter any agreement for you or on your behalf. You must communicate and contract directly with the recruiter or employer.
1.4 At no time does Pointer Remote Roles guarantee jobs to be advertised that match your qualifications.
1.5 Pointer Remote Roles gives no warranties or guarantees that use of the Pointer Remote Roles website or registration of your details will lead to you finding a suitable job.
1.6 Pointer Remote Roles accepts no liability for any aspect of the Candidate’s and recruiter or employer’s interaction, including but not limited to the description, performance or delivery of services.
1.7 Pointer Remote Roles has no responsibility for and makes no warranty as to the truth or accuracy of any aspect of any information provided by recruiters or employers or the recruiter’s or employer’s ability to pay for the services advertised.
1.8 Pointer Remote Roles will not get involved in any dispute between you and a recruiter or employer whether or not you enter into a contract with them.
- Registration with Pointer Remote Roles
2.1 In order to post your details, you must register and create an account with Pointer Remote Roles and agree to pay the applicable fee (Fee) which is notified to you before completion of the registration process and which is also available on our website at www.pointerremoteroles.com.au
2.2 You can only register with Pointer Remote Roles if you are 18 years of age or over.
2.3 You must be a natural person but can specify within your account description that you represent a business entity.
2.4 At its absolute discretion, Pointer Remote Roles may refuse to allow any person to register or create an account with Pointer Remote Roles or cancel or suspend any existing account.
- Fee and payment
3.1 The Fee is a once off payment and is non-refundable.
3.2 Once payment for the registration fee is received, Pointer Remote Roles staff will formally contact your references.
3.3 Pointer Remote Roles may from time to time change the Fee and the terms applying to their payment. Any change relating to the Fee is effective fourteen (14) days after Pointer Remote Roles notifies you of that change by sending an email.
3.4 Pointer Remote Roles may choose to temporarily modify the Fee, or the terms applying to their payment, in its sole discretion. Notification of temporary modifications will also be emailed to you.
3.5 Pointer Remote Roles will accept payments will be made via credit card through a third party (Stripe or PayPal). Pointer Remote Roles reserves the right to suspend your account, including your ability to post or update your details, until all outstanding payments are made and up to date.
- Candidate’s obligations
4.1 You will at all times:
(a) comply with these Candidate Terms and the Policies available on our website and all applicable laws and regulations;
(b) only post accurate information on the Pointer Remote Roles Platform;
(c) ensure that you are aware of and comply with any laws that apply to you as a candidate or in relation to using the Pointer Remote Roles Platform;
(d) have the right to work in Australia;
(e) comply with tax and regulatory obligations in relation to any payment received by a recruiter or employer.
4.2 It is your responsibility to negotiate the terms of your agreement with the recruiter or employer. Pointer Remote Roles does not conduct its own inquiries as to any of the information supplied by a recruiter or employer and Pointer Remote Roles will not be responsible if you do not find the job suitable.
4.4 You must not use anyone else’s account or allow anyone else to use your account.
4.5 You must maintain control of Your Pointer Remote Roles account and must not deal your account in any way, including by allowing others to use your account, or by transferring or selling your account or any of its content to another person.
4.6 You agree not to use any content on the Pointer Remote Roles Platform without Pointer Remote Roles' prior consent.
4.7 You must not use the Pointer Remote Roles Platform for any illegal or immoral purpose.
4.8 You grant Pointer Remote Roles an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the Pointer Remote Roles Platform for the purpose of publishing material on the Pointer Remote Roles Platform and as otherwise may be required to provide the Pointer Remote Roles Service, for the general promotion of the Pointer Remote Roles Service, and as permitted by this Agreement.
4.9 You agree that any information posted on the Pointer Remote Roles Platform must not, in any way whatsoever, be potentially or actually harmful to Pointer Remote Roles or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by Pointer Remote Roles.
4.10 Without limiting any provision of this Agreement, any information You supply to Pointer Remote Roles or publish in an advertised role must be up to date and kept up to date and must not:
(a) be false, inaccurate or misleading or deceptive;
(b) be fraudulent or involve the sale of counterfeit or stolen items;
(c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
(d) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, anti-discrimination and trade practices/fair trading laws);
(e) be defamatory, libellous, threatening or harassing;
(f) be obscene or contain any material that, in Pointer Remote Roles' sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images; or
(g) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any Pointer Remote Roles Platform, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information.
4.11 Pointer Remote Roles Platform may from time to time engage location-based or map-based functionality. The Pointer Remote Roles Platform may display the location of recruiters and employers and Candidates to persons browsing the Pointer Remote Roles Platform.
5.1 Either party may terminate this agreement immediately on giving the other party written notice if:
(a)the other party is in breach of any provision of the Candidate Terms and the party in breach has failed to remedy the breach within 14 days of receipt of written notice from the other party describing the breach and calling for it to be remedied;
(b) the breach is not capable of remedy;
(c) the other party is unable to pay its debts when they fall due, any steps are taken for the winding up or similar of the other party or the other party takes steps to go into bankruptcy or becomes bankrupt.
5.2 Pointer Remote Roles may terminate the Candidate Terms immediately on giving you written notice if in Pointer Remote Roles’ opinion, your continued use of the Pointer Remote Roles’ website will or may cause damage or disrepute to Pointer Remote Roles’ reputation or cause Pointer Remote Roles to breach any applicable law
5.3 Termination of this agreement does not affect any agreement or contract that has been formed between you and any recruiters and employers.
5.4 Any terms which by their nature should continue to apply, will survive any termination or expiration of this agreement.
5.5 If your account or this agreement is terminated for any reason then you may not without Pointer Remote Roles’ consent (in its absolute discretion) create any further accounts with Pointer Remote Roles and we may terminate any other accounts you operate.
6.1 It is your responsibility to ensure that have all necessary insurances to perform the job for which you are engaged or employed.
- Limitation of liability
7.1 Except as expressly set out in the Candidate Terms, and subject to any guarantees, warranties or conditions that by law may not be excluded, all guarantees, warranties and conditions and similar, imposed by law or otherwise relating to the services provided by Pointer Remote Roles under the Candidate Terms are excluded.
7.2 To the extent permitted by law, Pointer Remote Roles will not be liable for any special, indirect or consequential loss or damage (including personal injury), loss of profit or opportunity arising out of or in connection with the services provided by Pointer Remote Roles, including as a result of not being able to obtain employees, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
7.3 To the maximum extent permitted by law, the aggregate liability of Pointer Remote Roles under or in relation to the Candidate Terms (including indemnities) arising out of all or any act, omission or event or series of related acts, omissions or events will not exceed the dollar value of the services provided by Pointer Remote Roles to you and which directly led to Pointer Remote Roles’ liability arising.
7.4 You agree to defend, indemnify and hold harmless Pointer Remote Roles, its subsidiaries, affiliates, licensors, employees, agents and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable legal fees) arising out of or related to any claims, including negligence, made by third parties against Pointer Remote Roles arising out of your use of Pointer Remote Roles’ facilitation services, your breach or alleged breach of the terms of the Candidate Terms or of any representation or warranty contained in the Candidate Terms.
7.5 You agree that Pointer Remote Roles is not responsible for any reviews posted by recruiters or employers on Pointer Remote Roles’ website or any other website or social media account and is not liable for any loss and damage you suffer as the result of a negative review. If you have an issue with any review please email the system administrator at [email protected]
- Amendments to the Candidate Terms
8.1 Pointer Remote Roles may amend the Candidate Terms or the Policies on its website (and update the Pointer Remote Roles pages on which they are displayed) from time to time. Pointer Remote Roles will send notification of such amendments to your Pointer Remote Roles account via email.
8.2 You can agree to the terms by clicking the "I accept" button or by continuing to use the Pointer Remote Roles Platform in any manner, including engaging in any acts in connection with an advertised role, the modified terms will be effective immediately.
8.3 If You do not agree with any amendments to the Candidate Terms (or any of our Policies), you must notify Pointer Remote Roles. Your account will then be terminated by mutual agreement.
9.1 A notice given under this agreement must be in writing and sent to Pointer Remote Roles at the address specified at the beginning of this agreement or to Employer at the address on Pointer Remote Roles’ register. A notice is deemed to be received:
(a) if sent by hand, when delivered to the addressee;
(b) if by post, 7 business days from and including the date of postage, on delivery to the addressee; or
(c) if by email, on receipt by the sender of read receipt.
If the delivery or receipt is on a day which is not a business day or is after 5:00pm (addressee’s time) it is deemed to be received at 9:00am on the following business day.
10.1 This agreement is governed by the laws of New South Wales, Australia. You and Pointer Remote Roles submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
10.2 The provisions of this agreement are severable, and if any provision of this agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
10.3 This agreement may be assigned or novated by Pointer Remote Roles to a third party without your consent. In the event of an assignment or novation user will remain bound by this agreement.
10.4 No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular, you have no authority to bind Pointer Remote Roles, its related entities or affiliates in any way whatsoever.
By paying your registration, you are demonstrating that you agree to the above terms and conditions.