Yolpme Terms and Conditions
These terms and conditions (Terms and Conditions) were last updated on 30 August 2012. Yolpme offers an online social recruitment site (Site) which facilitates a job referral incentive service (Service):
- for individuals or organizations seeking employees and offering a referral payment (Employers)
- to individuals or organizations whom assist to help others finding employees (and employment) and receiving a referral payment (Referrers)
- and individuals seeking employment (Candidates).
Please read these Terms and Conditions carefully before using the Site. By using the Site (whether or not you register as a user) you agree to be bound by the terms and conditions, as amended from time to time.
- 1.1 These Terms and Conditions contain the rules by which Site visitors and users must agree to abide by in order to use the Site. In the event that you breach any of the Terms and Conditions, Yolpme has the right to deactivate or cancel your access to the Site.
- 1.2 When we refer to "You" and "Your(s)" we mean the user of the Site whether or not the person uses the Service offered through the Site.
- 1.3 When we refer to "We", "Our(s)", "Us" we mean Yolpme.
You must be eighteen or over to register as a user (User) of Yolpme to use the Site. By using the Site, you represent and warrant that you have the right, authority and capacity to enter and abide by the Terms and Conditions.
3. USER ACCOUNTS AND PASSWORDS
- 3.1 General
- 3.1.1 If you register an account within the Site, you represent that you are at least 18 years old and that, to the best of your knowledge and belief, your registration information is truthful, accurate and complete.
- 3.1.2 For those users of the Site under 18 years of age, I declare that I am the parent/legal guardian of the Site user who is under the age of 18 years whom has my consent to use the Site and participate and on whose behalf I agree to these terms and conditions.
- 3.1.3 A user name and password will be chosen by you. You are solely responsible for maintaining the secrecy of your information and password and for all activities occurring under your account. Be sure to change your password promptly and notify us if you believe your account is lost, stolen, or being unauthorized accessed by others. You must not loan your user name and password to others. Each user must register separately.
- 3.1.4 You agree that Yolpme, in its sole discretion, at any time, has the right to deactivate or cancel the registration, remove or delete your account (or any part thereof), remove and discard any content on the Site and to exclude the user for current and future use of the Site, for any reason or no reason, with or without prior notice, including, without limitation, for lack of use, in case user provides information which is not true, up-to-date or complete, or in case Yolpme has a reasonable presumption that provided information is not correct or user is violating guidelines, violating the Terms and Conditions, or engaging in improper conduct, or acted inconsistently with the letter or spirit of the Terms and Conditions.
- 3.1.5 You agree that Yolpme shall not be liable to you or any third party for any cancellation of your access to the Site and use of the Service. Yolpme will not be held liable for any loss or damage resulting from the fact that the user failed to respect these provisions and cancellation of their registration.
- 3.1.6 You can terminate your user account at any time or you may contact us via the Contact Us page.
- 3.1.7 When all obligations have been met your user account and all of its content will be subsequently deleted. However, Yolpme may retain a copy in its files, in order to resolve any pending actions, disputes or enforce these Terms and Conditions.
4. USER CONDUCT
- 4.1 By logging in to the Site you accept the Terms and Conditions and agree that:
- 4.1.1 the Site may only be used for lawful purposes. Transmission or solicitation of any material that violates the laws of Australia and/or other laws, rules or regulations that may apply in the jurisdiction of your local, state, federal or international area, is prohibited;
- 4.1.2 you are prohibited from taking any action that violates, or attempts to violate, the security and access control provisions of the Site and/or networks used to provide the Site;
- 4.1.3 your use of the Site is subject (without limitation) the following prohibited conduct:
- 188.8.131.52 introducing viruses, worms, harmful code and/or Trojan horses on the internet or any other program or code intended to disrupt or disable the operations of the Site;
- 184.108.40.206 providing, selling or offering to sell the following products or content (or services related to the same): pornography, nudity, online gambling, escort services, illegal goods, illegal drugs, illegal drug contraband, pirated computer programs, instructions on how to assemble or otherwise make bombs, grenades or other weapons;
- 220.127.116.11 displaying material that exploits children, or otherwise exploits children under 18 years of age;
- 18.104.22.168 posting or disclosing any personally identifying information or private information about children without their consent (or their parent's/guardian’s consent in case of a minor);
- 22.214.171.124 providing material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or posts any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content;
- 126.96.36.199 engaging in any libellous, defamatory, scandalous, threatening or harassing activity;
- 188.8.131.52 posting any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence;
- 184.108.40.206 providing, sell or offer to sell or rent any e-mailing list;
- 220.127.116.11 selling or promoting any products or services that are unlawful in the location at which the content is posted or received;
- 18.104.22.168 sending unsolicited e-mail (spam);
- 22.214.171.124 promoting, soliciting or participating in pyramid schemes, multi-level marketing or chain letters; or
- 126.96.36.199 engaging in a phishing scam or otherwise intending to mislead users by improperly using recognized trademarks or designs,
- 4.1.4 you will not use our Site for any other purposes than those intended with the Service to identify prospective employees for your employment opportunities, those persons to whom you are permitted to send and/or share job postings, or to identify employment opportunities for yourself in accordance with the Terms and Conditions;
- 4.1.5 you will not submit large numbers of postings, referrals or content that disrupts communication on the Site;
- 4.1.6 you will not falsely state, impersonate, or misrepresent your identity;
- 4.1.7 you will not upload, post, e-mail or share content or images that infringe upon patents, trademarks, copyrights or other intellectual property rights or any third party (without that party’s written consent);
- 4.1.8 you will not automatically download data from the website via spiders, crawlers, robots or other data mining tools without Yolpme's consent;
- 4.1.9 you will not include any hyperlinks, other than Yolpme's hyperlinks, or any misleading, irrelevant and/or hidden keywords in any content on the Site such as job postings, referral e-mail messages;
- 4.1.10 you are responsible for ensuring your referral e-mail message campaigns do not generate a number of abuse complaints in excess of industry norms;
- 4.2 Yolpme, at is sole discretion, may immediately disable your access to the Site if it believes that you have violated any of the terms above;
- 4.3 you hereby acknowledge and agree that you may be exposed to conduct and/or content that may be offensive or objectionable to you. Your access to the Site is undertaken at your own risk, and Yolpme is not responsible for any offensive or otherwise objectionable conduct by any third party and/or content that may be submitted by any third party; and
- 4.4 Yolpme may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Yolpme's discretion, Yolpme will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Site.
5. USE OF SITE AND CONTENT
- 5.1 Yolpme can be used privately or as well publicly.
- 5.2 Job postings can be kept private on your own Private Job Board (internal, by invitation only). These positions may be 'sensitive' searches, geographically restricted or just a desire by the Employer to limit the number of Referrers and/or be selective in the group of people to invite as Referrers.
- 5.3 Job postings will by default be processed as public on the Public Job Board (external, visible to anyone).
- 5.4 Yolpme makes no claims that the content of the Site may be lawfully viewed or downloaded outside of Australia. Access to the content of the Site may not be legal to certain persons or in certain countries. If you access the Site, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
- 5.5 The Site acts only as a venue for Employers to post job listings with a Referral Payment, Referrers to recommend Candidates and to earn Referral Payments, and Candidates who send applications and resumes directly to Employers.
- 5.6 Yolpme is not involved in the actual posting, referral, hiring and rejection processes and activities between Employers, Referrers and Candidates. Yolpme has no control over the quality, safety or legality of these processes and activities.
- 5.7 The user is solely responsible for the content submitted to the Site, including its legality, reliability, form and accuracy, and the use of the Site, including without limitation, the consequences of all job postings, referral e-mail messages or other e-mail messages, applications, resumes, files, images, or other materials that you post on, send, transmit through, link to the Site.
- 5.8 Yolpme does not, and cannot, screen or censor all content on the Site and all communications through the Site and is therefore not required to monitor, police or remove content submitted by you or any other user. The data submitted to a user account remain the property of the user.
- 5.9 You understand and agree that Yolpme has the right (but not the obligation) to pre-screen, refuse, suspend (temporarily or perpetually), remove, delete the display of any content (in whole or in part) for any other reason, including but not limited to violating guidelines, violating to the Terms and Conditions or inappropriateness.
- 5.10 You acknowledge that any reliance on material posted by other users will be at your own risk. Yolpme does not represent or guarantee the truthfulness, accuracy or reliability of any content posted by users or endorse any opinions expressed by users.
- 5.11 Yolpme keeps statistics such as a unique internal user feedback rating system to gauge and maintain quality of its users like feedback rates on: Employers (responsiveness, job fulfilment success rates), Referrers (quality of referrals, referral success rates), Candidates (assessment rates on pre-qualification, relevancy rates), and other ratings.
- 5.12 Yolpme's users gain a ranking based on the frequency of their activities, and how often they are involved in successful transactions. If the user doesn't have a competitive record, users will favour the requests made by someone who does.
- 5.13 You acknowledge and agree that it is prohibited to bring new business developed through Yolpme offline, apart from the direct offline contact between Employers and Candidates in the recruitment process, and anyone attempting to violate this policy will be immediately removed from the Site.
- 5.14 Yolpme will not become involved in any dispute which may arise between users. You acknowledge and agree that we do not act as an agent for users nor do we act as an intermediary between users, and that we shall not enter into correspondence or discussions or negotiations with any user on your behalf. You agree to settle any disputes between third parties regarding content such as job postings on your own responsibility. You assume all risks associated with dealing with other users with whom you come in contact through the Site.
- 5.15 Yolpme is not responsible for damages and disputes from content between Employers, Referrers, Candidates and any other third party. If, however, you have legitimate concerns or complaints about a particular user or its activities in connection with the use of the Site, including but not limited to incorrect job postings, unsolicited referral e-mail messages, these can be directed to us using the contact details set out on our Contact Us page.
- 5.16 You agree to immediately notify Yolpme in any case of violation of the use of the Site and content. Without limiting our other remedies, Yolpme reserves the right to deactivate or cancel your right to use the Site at any time and for any reason, including without limitation, where you are in breach of these Terms and Conditions or where we have reasonable grounds to believe that you have breached these Terms and Conditions.
6. INTELLECTUAL PROPERTY
- 6.1 Site Intellectual Property
- 6.1.1 Yolpme respects the intellectual property rights of others, and we ask you to do the same. Our Site may contain an assortment of information, data, software, images, video clips, music, links, logos and other material that are the copyright, trademark or other intellectual property of the owners of the Site or third party suppliers.
- 6.1.2 The name Yolpme and the logo on the Site are trademarks of Yolpme. The names, logos or other trademarks of any other companies, services and/or products appearing on or in the Site are the trademarks of their respective owners.
- 6.1.3 You acknowledge and agree that no title in and to the Site, including the intellectual property rights therein, is transferred to you, and you will not acquire any rights to the Site, except for the rights as expressly granted herein.
- 6.1.4 You represent and warrant that the information submitted on or through the Site does not violate the privacy rights, intellectual property rights, contract rights or any other rights of any person. You will ensure that all copyright, trademark or other proprietary rights notices appearing on any content remain intact and legible.
- 6.1.5 You agree to pay for all royalties, fees and any other monies owing any person by reason of any information submitted by you to or through the Site.
- 6.1.6 Any and all ideas, suggestions, modifications and the like provided by you with respect to the Site will be the property of Yolpme.
- 6.2 Links and Third Party Content
- 6.2.2 You may not display our content within a frame or border, or deep link or harvest content located below our top-most URL. You will not link to our Site or content in a manner that suggests an endorsement or affiliation between our sites, unless Yolpme expressly consents in advance to such linking and/or framing. You will remove any link to our Site and/or frame of content on our Site that we find objectionable promptly upon request.
- 6.3 Reservation of rights
- 6.3.1 The Site shall only be used by you for your personal and/or internal business purposes, and you agree not to distribute the data available through the Site to any third party that is not a registered user of the Site, except as expressly permitted by the Terms and Conditions. The data submitted to a user account remains the property of the user.
- 6.3.2 User-posted commercial advertisements, affiliate links and other forms of solicitation or profiteering may be removed from your (user) account without notice and result in the cancellation of your account.
- 6.3.3 All content, communications, software applications, digital products, updates and features of the Site are copyright of Yolpme, its owners, suppliers or other third parties. Yolpme reserves all rights not expressly granted to you.
- 6.3.4 There are no implied rights. Except as otherwise required, limited by applicable law, or as specifically authorized in the Terms and Conditions, any reproduction, distribution, modification, retransmission, or publication of any copyright material is strictly prohibited without the express written consent of the copyright owner or licensee.
- 6.3.5 You agree to take all reasonable steps to protect the data contained on the Site accessed on the Site from unauthorized access, copying or use. Yolpme may, in appropriate circumstances and at our discretion, terminate the access to the Site for users who infringe the intellectual property rights of others.
7. INVOICING AND PAYMENTS
- 7.1 Charges generally
- 7.1.1 In using the Site, you agree to comply with the invoicing and payments as described herein.
- 7.1.2 There is no cost to browse the Site as a visitor.
- 7.1.3 Yolpme charges fees to Employers who hire Candidates via the Site.
- 7.1.4 There is no cost to become a Referrer/Candidate. Yolpme distributes Referral Payments to a Referrer who facilitated successfully the hiring of a Candidate.
- 7.2 Invoicing and Payments General
- 7.2.1 Yolpme will do everything in its power to ensure invoices are paid on time and in full, however we aren't responsible for overdue or refusal of payments payable to us. For the avoidance of doubt, we are unable to pay fees until we have been paid in full. Only when funds have been cleared, Yolpme will pay fees to users.
- 7.2.2 Any communications regarding invoicing and payments must be made to Yolpme and not to users themselves. Failure to abide by this clause will nullify any right you may have to claim a payment.
- 7.2.3 All users such as Employer, Referrer and Candidate and others (Indemnifying Parties) shall hold harmless and fully indemnify Yolpme, its officers, employees and agents (Indemnified Parties) and keep them indemnified from and against any loss, claim or damages (including, without limitation, any costs and consequential losses and damages) suffered, incurred or brought against any of the Indemnified Parties by a third party as a result of or arising out of any breach of these Terms and Conditions by the Indemnifying Parties.
8. SUSPENSION AND TERMINATION
- 8.1 The Agreement is entered into for an indefinite term. Either party may terminate the Agreement in their sole discretion, at any time with or without cause and regardless of the stated registration period otherwise applicable. Protections afforded to us and to third parties by the Agreement will survive suspension or termination.
- 8.2 Yolpme uses all reasonable commercial endeavours to ensure that the Site operates properly at all times, but we make no warranties as to the availability or accessibility of the Site, or any feature of the Site, and we reserve the right to alter any part of the Site at any time and to deactivate or cancel the Site at any time and for any reason.
- 8.3 Save as otherwise set out in the Agreement, Yolpme shall not be liable for any damages, loss, costs or expenses incurred by you as a result of any lack of availability or accessibility of the Site and any event beyond our reasonable control.
- 8.4 If the Agreement is suspended or terminated as a result of unauthorized use or infringement of rights to content obtained from the system, you agree that upon request, you will destroy all copies of such content in your possession or under your control. During and after this suspension or termination all parties fully respect the Terms and Conditions for payments to all parties signed during the period of Agreement.
- 9.1 Representations and Warranties
- The parties represent and warrant that they have full power to enter into and perform their obligations under the Terms and Conditions and have taken all necessary action to that effect, and they have obtained and will maintain throughout the Terms and Conditions, all rights, licences, permissions and approvals, including all registrations in accordance with and as required by the applicable data protection legislation, which are necessary.
- 9.2 Injunctive Relief
- If you breach these Terms and Conditions or infringe our intellectual property rights, you agree we would be irreparably harmed and may (in addition to other relief) obtain a court order restraining your conduct.
- 9.3 Data Transfer
- The transfer of data and information across national boundaries is regulated in Australia (by the Privacy Act). You agree not to directly or indirectly export or re-export any information obtained from or through the Site that requires an approval without first obtaining that approval.
- 9.4 Relationship of Parties
- There are no third party beneficiaries of the Terms and Conditions. The parties are independent to one another and are not related by franchise, partnership, employment, joint venture or otherwise. Our Site is not a party to any transaction between you and any third party advertisers or suppliers. You will look solely to the third party for all claims regarding their goods, services or information.
- 9.5 Right to Rely on Instructions
- The Site may act in reliance upon any instruction, information, document, filing, name, e-mail address or user password that meets the Site's criteria or which is believed by the Site's personnel to be genuine. For any password protected areas, the Site may assume a person entering a user name and associated password is, in fact, that user or is authorized by that user to act on his/her behalf.
- 9.6 Performance and Maintenance of Site
- 9.6.1 You acknowledge that Yolpme may perform maintenance on the Site as required from time to time, in Yolpme's sole discretion. We may restrict access to some parts of the Site, or the entire Site, to users who have registered with us, during any maintenance periods.
- 9.6.2 Notwithstanding the foregoing, Yolpme is under no obligation to maintain the Site, or any features or functionality thereof, or make any changes or modifications to the Site requested by you. Yolpme reserves the right, in its sole determination, to modify or eliminate any features or functionality of the Site at any time.
- 9.6.3 Yolpme is not responsible for maintaining the integrity and/or continuity of your content posted to the Site. You are responsible for keeping copies of your content to protect against loss of such content. Yolpme will not backup or otherwise protect your content from loss or destruction.
- 9.7 Changes to Site
- Yolpme reserves the right to modify, change or discontinue the Site or any feature at any time without notice. You agree that the Site is not liable to you or to any third party as a result of any such action. We invite users to make suggestions for ways that the Site can be improved. If you make a suggestion, you authorize us to use the idea and to publish your name in connection with the submission. We do not pay compensation for using submissions.
- 9.8 Severability
- 9.8.1 If anything in these Terms and Conditions is unenforceable, illegal or void then it is severed and the rest of these Terms and Conditions remain in force.
- 9.8.2 If anything in these Terms and Conditions is unenforceable, illegal or void in one jurisdiction but not in another jurisdiction, it is severed only in respect of the operation of these Terms and Conditions in the jurisdiction where it is unenforceable, illegal or void.
- 9.9 Waiver
- 9.9.1 Yolpme’s failure or delay to exercise a power or right does not operate as a waiver of that power or right.
- 9.9.2 The exercise of a power or right by Yolpme does not preclude either its exercise in the future or the exercise of any other power or right.
- 9.9.3 A waiver is not effective unless it is in writing.
- 9.9.4 Waiver of a power or right by Yolpme is effective only in respect of the specific instance to which it relates and for the specific purpose for which it is given.
- 9.10 Confidentiality
- 9.10.1 The Terms and Conditions and all the information made available by either of the parties hereto to the other party pursuant to the Terms and Conditions is and shall remain confidential and no such information shall be divulged to any third party without the prior consent of the other parties thereto (other than to the parties' respective professional advisors, persons involved in an actual or proposed joint venture, merger or acquisition of Yolpme and any other person if required by law or its enforcement).
- 9.10.2 The parties hereto shall make those of its directors, employees and consultants who have access to such information aware of the provision of this clause and shall procure the observance of the same by such directors, employees and consultants.
- 9.10.3 The obligations contained in this article shall endure, even after the termination of the Terms And Conditions, without limit in point of time until such confidential information enters the public domain.
- 10.1 Entire Agreement
- This document reflects our entire agreement and supersedes all other agreements regarding this subject matter, whether written or verbal. Yolpme reserves the right to assign the Terms and Conditions or delegate responsibility to any third party, including a party acquiring any of our operating assets or ownership interests. All licenses or permissions granted to you by the Terms and Conditions are personal in nature and may not be assigned, sublicensed or otherwise transferred and any attempt to the contrary is void.
- 10.2 Amendments to these Terms and Conditions
- Yolpme reserves the right, in its sole discretion, to change the Terms and Conditions with or without notice, at any time. Any such change will be effective once reflected in the text of the Terms and Conditions and published on this web page. Yolpme recommends that you check the Terms and Conditions periodically to ensure that you are aware of and complying with the current version as they are binding on you. By using the Site, you consent to the Terms and Conditions, whether or not you have reviewed such amendments.
- 10.3 Governing Law and Jurisdiction
- 10.3.1 The Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Victoria in the Commonwealth of Australia, without regard to conflicts of law principles.
- 10.3.2 You agree to initiate and maintain any legal action in the State of Victoria and irrevocably consent to exclusive jurisdiction and venue therein. You are responsible for complying with your own local laws, which may vary with respect to certain activities or people.
- 10.3.3 Should you bring legal action against us, you irrevocably agree it will be brought and maintained on an individual basis (and not consolidated with similar cases) within 6 months after the claim arises or such claim will be barred.
- 10.4 Contact
- If you have questions or suggestions about the Terms and Conditions, please contact us via the Contact Us page.