Terms and Condition

Welcome to ApplyKart!

Our Disclosures
Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:
  1. We may amend these Terms at any time, by providing written notice to you;
  2. Our liability under these Terms is limited to $10, and we will not be liable for Consequential Loss;
  3. We will have no liability for the use or results of any Third Party ID Service or Identity Check, any aspect of the Job Poster and Candidate interaction including the Job Listing, the Job Application, and any subsequent communication, job offer, or rejection of a Job Application, the performance of services and any event outside of our reasonable control.
  4. We may terminate these Terms at any time by giving 30 days’ written notice to you.
  5. We will handle your personal information in accordance with our privacy policy, available at [www.applykart.co];
  6. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Platform or for featuring certain products or services on the Platform.
Nothing in these terms limit your rights under the Australian Consumer Law.
Introduction
  1. These terms and conditions (Terms) are entered into between ApplyKart Pty Ltd ABN 80 655 593 972 (we, us or our) and you, together the Parties and each a Party.
  2. We provide a platform where individuals looking for work (Candidates) and employers seeking workers (Job Posters) can connect and transact (Platform).
  3. In these Terms, you means (as applicable) the person or entity registered with us as either a Job Poster or Candidate or the individual accessing or using the Platform.
  4. If you are using the Platform on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.
Acceptance and Platform Licence
  1. You accept these Terms by clicking “I accept”, and/or registering on the Platform.
  2. You must be at least 18 years old to use the Platform.
  3. We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may terminate these Terms in accordance with the “Cancelling your Account” clause.
  4. 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.
  5. 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.
  6. When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including:
    1. 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;
    2. using the Platform to defame, harass, threaten, menace or offend any person;
    3. using the Platform for unlawful purposes;
    4. interfering with any user of the Platform;
    5. tampering with or modifying the Platform (including by transmitting viruses and using trojan horses);
    6. using the Platform to send unsolicited electronic messages;
    7. using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform; or
    8. facilitating or assisting a third party to do any of the above acts.
Accounts
  1. You must register on the Platform and create an account (Account) to access the Platform’s features.
  2. You must provide basic information when registering for an Account including:
    1. For Candidates: your full name, phone number, email address, educational background, employment history, the city in which you are located, any visa details, your Covid-19 vaccination status, and a photograph of you; and
    2. For Job Posters: your business name, your ABN/ACN, contact name, email address, phone number, and you must verify your identity by providing us with a passport, or other form of government-issued identification.
  3. You may also register for an Account using your Apple, Google or other social media network account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to [insert relevant info: ie your current profile photo and other basic information.]
  4. You must use a mobile number or email ID and create a password, which will become your login details.
  5. Once you have registered an Account, your Account information will be used to create a profile which you may then curate.
  6. All personal information you provide to us will be treated in accordance with our Privacy Policy.
  7. You agree to provide and maintain up to date information in your Account and to not share your Account password with any other person. Your Account is personal and you must not transfer it to others.
  8. You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account. You agree to immediately notify us of any unauthorised use of your Account.
  9. If you are a Job Poster, we will review your request for an Account before approving the request. We may request additional information, including proof that you operate a legitimate business. If you do not provide us with information we reasonably request, we may refuse to create an Account for you. If you provide us with any information which indicates you are not a fit and proper person to be provided with an Account, we may refuse to provide you with an Account, in our sole discretion.
  10. We may make access to and use of certain parts of the Platform subject to conditions or requirements, including identity verification.
  11. If we believe that your Account is not legitimate (such as where you have provided fraudulent or incomplete identity verification), we reserve the right to delete or suspend your Account.
Platform summary
  1. The Platform is a marketplace where Job Posters can advertise available employment/contractor roles in their business (Job Listing), and Candidates can apply for these roles via the Job Listing. We provide the Platform to users (including hosting and maintaining the Platform), and provide the functionality for the Job Listings to be posted, for Candidates to apply for these Job Listings, and integrate Google Meet conferencing to facilitate the interview process (together the ApplyKart Services). You understand and agree that we only make available the ApplyKart Services. We are not party to any agreement entered into between a Job Poster and a Candidate and we have no control over the conduct of Candidates, Job Posters or any other users of the Platform.
  2. A Job Poster wanting to advertise a job creates an Account on the Platform and posts an accurate and complete description of the role they are looking to fill in their Job Listing, containing information which should include:
    1. the salary/ fees the Job Poster is willing to pay;
    2. a description of the role, including when the Candidate must be available to perform the work;
    3. any pre-requisites, including education or previous employment experience, vaccination status, visa requirements, and language speaking requirements;
    4. the engagement type, such as whether the role is casual, full-time, part-time or contractor work; and
    5. the city where the role is located (if the Candidate is required to work on-site).
  3. A Job Seeker may browse Job Listings, including by limiting the search according to their preferences, such as job preference, salary range and location of the role.
  4. A Job Seeker may apply for a role through the Platform, by providing any relevant information requested from the Job Poster in the Job Listing (Job Application).
  5. Where a Job Poster wishes to interview a Candidate, they may send a request for a Google Meet interview through the Platform. This interview link can be accessed through the Platform.
  6. Candidates and Job Posters can communicate through the Platform through the chat functionality.
  7. Job Posters must keep their Job Listings up-to-date, including by removing a Job Listing where the role has been filled.
Communication
  1. We may contact you via the Platform using in-Account notifications, or via off-Platform communication channels, such as email.
  2. Job Posters and Candidates can communicate privately using our private messaging service once a Candidate has made a Job Application in relation to a relevant Job Listing, or offline using the listed contact details.
Identity verification
  1. If we choose to conduct identity verification or background checks on any Job Poster, to the extent permitted by law, we disclaim all warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Job Poster or guarantee that a Job Poster will not engage in misconduct in the future. Any verification of Job Posters on the Platform is not an endorsement or recommendation that the Job Poster is trustworthy or suitable. You should do your own due diligence before applying for a Job Listing, and accepting any role advertised on the Platform.
  2. We may offer you the option of verifying your identity and/or validating your Account using a third party verification service (Third Party ID Service).
  3. Where you have elected to verify your identity under this clause, you acknowledge and agree that (1) we may contact, connect to or otherwise liaise with Third Party ID Services to validate your identity and information (Identity Check); and (2) Third Party ID Services may provide us with your personal information or sensitive information, and you consent to us receiving and using this information to enable us to perform an Identity Check.
  4. You acknowledge and agree that (1) the Identity Check may not be fully accurate, as it/they are dependent on the information provided by the relevant individual or business and/or information or checks performed by third parties; and (2) you should not rely on the Identity Checks, and you should make your own inquiries as to the accuracy, legitimacy, validity, credibility or authenticity of any users of the Platform.

For any questions or notices, please contact us at:

ApplyKart Pty Ltd ABN 80 655 593 972

Email : support@applykart.co

Last update: 18 July 2022

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