The agreement between you and JOBLINKD (ABN 80 241 124 181) governing your use of the JOBLINKD platform.
1.1 These terms constitute an agreement between you and JOBLINKD (ABN 80 241 124 181) of Brisbane, Queensland, Australia (we, us, our).
1.2 Our privacy policy and cookie policy form part of these terms.
1.3 If you use the Platform on behalf of an organisation, you warrant that you are authorised to bind that organisation, and references to you include that organisation.
In these terms:
Career Passport means the profile information you provide, including skills,
qualifications, experience and objectives.
Employer means a person who publishes a listing or searches for candidates.
Education Provider means a person who lists a course or qualification.
Platform means the JOBLINKD website, mobile applications and related services.
Your Content means information, documents and material you upload or submit.
In these terms, unless the context otherwise requires: the singular includes the plural and conversely; a reference to legislation includes any amendment to it, any legislation substituted for it, and any subordinate legislation made under it; "including" and similar expressions are not words of limitation; headings are for convenience only and do not affect interpretation; and a reference to a party includes that party's successors and permitted assigns.
3.1 You must be at least 13 years of age to hold an account.
3.2 You must provide accurate information, keep it current, keep your credentials confidential, and notify us promptly of any suspected unauthorised access.
3.3 You are responsible for all activity conducted under your account. Accounts are personal to you and must not be shared, sold or transferred.
4.1 The Platform is a technology service that connects individuals with careers, qualifications, courses, roles and employers, and provides information and analytical tools.
4.2 We are not an employment agency, a recruitment agent acting for you, a registered training organisation, a registered migration agent, a legal practice, a financial services licensee, a tax agent or a career counselling service. We are not your employer and we are not a party to any employment contract, enrolment agreement or other contract you enter into with an Employer or Education Provider.
4.3 We do not warrant or represent that you will be matched with any role, receive any interview, be offered any position, be accepted into any course, or achieve any particular remuneration or career outcome.
4.4 Match scores, readiness scores, salary ranges, timeframes and pathway estimates are indicative only, are generated from the information available to us, and must not be relied upon as the sole basis for any decision concerning your education, employment or finances.
4.5 Information concerning visas, work entitlements, taxation, superannuation and workplace entitlements is general in nature. You should confirm your position with the Department of Home Affairs, the Australian Taxation Office, the Fair Work Ombudsman, Services Australia or an appropriately qualified adviser, as the case requires.
4.6 Where you elect to maintain a job search record, that record is a record of activities you or the Platform have logged. We do not advise you of your obligations under any income support arrangement, do not determine whether an activity satisfies any requirement, and are not responsible for any consequence of your reporting. Those matters are for you and Services Australia or your employment services provider.
5.1 You retain ownership of Your Content.
5.2 You grant us a non exclusive, royalty free, worldwide licence to host, store, reproduce, adapt, publish and communicate Your Content for the purposes of operating and improving the Platform and providing the services you request, including generating tailored application material and disclosing your profile to Employers in accordance with our privacy policy.
5.3 That licence ends when you delete the relevant content or your account, other than in respect of copies already provided to an Employer or Education Provider, and backup copies which are deleted in the ordinary course.
5.4 You warrant that Your Content is accurate, that you are entitled to provide it, and that it does not infringe the rights of any person. Misrepresenting your qualifications, experience or identity is a material breach of these terms and may constitute an offence.
6.1 You must not:
7.1 When you apply for a role, we transmit or facilitate transmission of your Career Passport and the application material you have approved to the relevant Employer.
7.2 The Employer determines the conduct and outcome of its recruitment process. We do not control an Employer's process, timeframes or decisions, or its handling of your information after disclosure.
7.3 Application statuses displayed on the Platform reflect information recorded by you or by the Employer and may be incomplete.
8.1 Course information is supplied by Education Providers or compiled from their public materials. We take reasonable care but do not warrant that pricing, duration, intake dates, entry requirements, accreditation or outcomes are current, complete or accurate. You should confirm all material particulars with the provider before enrolling or making any payment.
8.2 We may receive a referral fee, lead fee, enrolment commission or subscription fee from certain Education Providers. Where such an arrangement exists it is disclosed on the relevant listing. Payment of such a fee does not affect the order in which courses are presented to you.
8.3 Any enrolment is a contract between you and the Education Provider. We are not a party to it, do not deliver training, and are not responsible for the quality of training delivered, refunds, or a provider ceasing to trade.
9.1 If you publish listings or search for candidates, you additionally agree that:
10.1 If you list courses, you warrant that you hold all registrations and approvals required to deliver and advertise them, including registration with the Australian Skills Quality Authority or the Tertiary Education Quality and Standards Agency where applicable.
10.2 You warrant that course information you supply is accurate and kept current, and that your marketing complies with the Australian Consumer Law and, where applicable, the National Code.
10.3 You agree to honour pricing published through the Platform for the period during which it is published, and to notify us promptly if a course is withdrawn or its accreditation changes.
11.1 Use of the Platform is presently free of charge for job seekers and students.
11.2 Fees payable by Employers and Education Providers are as set out in the applicable subscription, listing or partnership agreement. All amounts are in Australian dollars and inclusive of GST unless stated otherwise.
11.3 Payments are processed by our payment provider. Subscriptions renew automatically unless cancelled before the renewal date. Except as required by the Australian Consumer Law, fees paid are not refundable.
11A.1 Terms defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the same meaning in this clause.
11A.2 Unless expressly stated otherwise, amounts payable under these terms are inclusive of GST. Where a supply made under these terms is a taxable supply and the consideration is expressed to be exclusive of GST, the recipient must pay an additional amount equal to the GST payable, on receipt of a valid tax invoice.
12.1 The AI career assistant generates guidance using your Career Passport and a third party artificial intelligence model. Its output may be incomplete or incorrect.
12.2 It does not constitute legal, migration, financial, taxation, medical or psychological advice. You should verify any material matter before relying on it.
12.3 You must not use the assistant to generate content that is false, misleading or intended to deceive an Employer or Education Provider.
13.1 All intellectual property rights in the Platform, including the JOBLINKD name, the interlocking link device, the wordmark, the tagline, the software, its design and its matching methodology, are owned by or licensed to us.
13.2 You may use those materials only to the extent necessary to use the Platform. You must not copy, adapt, reproduce or use our branding without our prior written consent.
14.1 The Platform contains links to third party websites and materials, including government resources, Employers and Education Providers. We do not control and are not responsible for their content, products, services or privacy practices.
15.1 We do not warrant that the Platform will be available uninterrupted or free from error.
15.2 We may modify, suspend or discontinue any feature, and may vary these terms. Where a variation is material we will give reasonable notice by electronic mail or through the Platform. Continued use after the variation takes effect constitutes acceptance. If you do not accept a variation you must cease using the Platform and may delete your account.
16.1 Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
16.2 Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy conferred by the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified.
17.1 Subject to clause 16, and to the maximum extent permitted by law:
18.1 You indemnify us against all loss, damage, cost and expense (including reasonable legal costs) suffered or incurred by us arising out of or in connection with your breach of these terms, Your Content, your unlawful conduct, or your use of information obtained through the Platform in breach of these terms or the Privacy Act.
19.1 You may close your account at any time through the Platform.
19.2 We may suspend or terminate your access immediately where you breach these terms, where we reasonably suspect fraudulent or unlawful conduct, or where we are required to do so by law. We will notify you of the reason unless prevented from doing so.
19.3 Clauses 5.2, 13, 17, 18, 20 and 22 survive termination, together with any other clause which by its nature is intended to survive.
20.1 If a dispute arises, you must first notify us at hello@joblinkdapp.com with particulars of the dispute. We will use reasonable endeavours to resolve it within 30 days.
20.2 If the dispute is not resolved, either party may refer it to mediation in Brisbane, Queensland, before commencing proceedings, other than proceedings seeking urgent interlocutory relief. Each party bears its own costs and the parties share the mediator's fees equally.
21.1 We may give notice to you by electronic mail to the address associated with your account or by notification within the Platform. You may give notice to us at hello@joblinkdapp.com.
22.1 Where a school subscribes to JOBLINKD, a student may link their account to that school. Linking is the student's choice and the student may unlink or stop sharing at any time.
22.2 A Senior Education and Training plan produced through JOBLINKD is a planning aid. It is generated from information the student has given us and from publicly advertised qualification, course and salary information. It is not careers counselling, and it does not discharge the school's own obligations under Queensland Curriculum and Assessment Authority requirements or any equivalent requirement in another state.
22.3 The school remains responsible for its own regulatory and record keeping obligations. We provide reporting to assist those obligations, not to discharge them.
22.4 Senior subject suggestions reflect what an occupation commonly expects. Schools differ in what they offer and prerequisites change. The student and the school must confirm subject selection with the school before relying on it.
22.5 A school based apprenticeship or traineeship is an arrangement between the student, an employer and a registered training organisation, approved by the relevant State Training Authority. We may identify an employer and make an introduction. We are not a party to the training contract, we do not employ the student, and we do not guarantee that any introduction results in an apprenticeship.
22.6 Where an employer pays us a fee in connection with a school based apprenticeship, that fee is payable by the employer only. No fee is payable by the student, the family or the school in connection with an apprenticeship introduction.
22.7 A school subscription is charged annually in advance to the school. Nothing is charged per student, and nothing is charged to a student or a family.
23.1 Governing law. These terms are governed by the laws of Queensland, Australia, and each party submits to the non exclusive jurisdiction of the courts of that State and the courts of appeal from them.
23.2 Severance. If any provision is held to be invalid, void or unenforceable, it is severed to the extent of the invalidity and the remaining provisions continue in full force and effect.
23.3 Waiver. A failure, delay or partial exercise of a right does not operate as a waiver of that right, and no waiver is effective unless in writing.
23.4 Assignment. You must not assign or novate your rights under these terms without our prior written consent. We may assign or novate our rights and obligations, including on a sale or restructure of our business, on notice to you.
23.5 Relationship of the parties. Nothing in these terms creates a partnership, joint venture, agency, employment or fiduciary relationship between the parties.
23.6 Force majeure. Neither party is liable for a failure or delay in performing an obligation, other than an obligation to pay money, to the extent caused by an event beyond its reasonable control, provided it uses reasonable endeavours to mitigate the effect.
23.7 Electronic communications. You consent to receiving notices and documents from us electronically, and agree that electronic communication satisfies any legal requirement that those communications be in writing.
23.8 Entire agreement. These terms, together with the privacy policy and cookie policy, constitute the entire agreement between the parties in relation to the Platform and supersede all prior representations, understandings and agreements.
23.9 Survival. Clauses which by their nature are intended to survive termination do so, including clauses 5.2, 13, 17, 18, 20 and this clause 22.
JOBLINKD
ABN 80 241 124 181
Brisbane, Queensland, Australia
Email: hello@joblinkdapp.com