Terms of Service

These Terms of Service outline the rights and obligations of the user and the vendor in relation to the service, forming a legal agreement. By using Xprt on your device, either as a guest or a registered user, you agree to the terms in accordance with this document.

This document was last updated and made effective on: 2024-11-19.

Definitions

For the purposes of these Terms of Service:

"We", "our" or "us" refers to 0x234 Pty Ltd, an Australian proprietary limited company.
"You" or "your" refers to the person or entity accessing or using the platform.
"Platform" refers to the website, content, application, and infrastructure specifically powering Xprt Jobs.
"Service" refers to general services offered by us or third-party providers, including functionalities or features made available through the platform or integrated third-party tools.
"User" refers to any person or entity accessing the platform, with or without an account.
"Job seeker" refers to users who are searching for employment opportunities through the platform.
"Advertiser" refers to any entity posting job opportunities on the platform. This may include employers posting directly or recruiters acting on behalf of their clients.
"Employer" refers to the organisation or individual representing an organisation that is offering a job position and seeking candidates.
"Recruiter" refers to an individual or agency posting jobs on behalf of an employer.
"Account" refers to a unique account created for you to access the platform or parts of the platform.
"Device" refers to any electronic device that can access the platform, including but not limited to a computer, a cell/mobile phone or a tablet.
"Personal data" refers to any information that relates to an identified or identifiable individual.
"Third-party social media service" refers to any website or any social network website through which a user can log in or create an account to use the platform.
"Usage data" refers to data collected automatically, either generated by the use of the platform or from the platform infrastructure itself (for example, the duration of a page visit).

Requirements

To use the platform and/or own an account, you agree to meet the following requirements:

You are legally permitted to work in your country of residence.
You will provide current and accurate information at all times.
You will maintain the security of your account.
You will use the platform solely for its intended purpose and refrain from any unauthorised or illegal activities.
You will comply with all applicable laws and regulations, including employment and anti-discrimination laws.
You will respect other users and refrain from harassment, abuse, or spamming.
You will not post false, misleading, or fraudulent information.

If you are an advertiser, then additionally:

You must have the legal authority to post job advertisements on behalf of your organisation.
You will only post legitimate job opportunities with complete and truthful details.
You will remove or update job postings that are no longer valid or relevant.

If you do not meet these requirements and/or any failure to do so may result in account termination as the platform is not for you.

Proper Use

When creating an account, it's imperative that your usage aligns with the guidelines and intended purposes set forth by the platform. The platform is designed to accommodate a variety of users, each with different needs and expectations.

You agree to use your account in a manner that is consistent with its intended purpose and in compliance with these Terms of Service. We reserve the right to review and monitor account activities to ensure compliance with our usage policies.

Should we determine that an account is being used inappropriately, or in a manner that is not consistent with its intended purpose or the terms outlined in this document, we reserve the right to take appropriate action, which may include suspending or discontinuing your account.

Usage Outside of Australia

The platform is designed to cater to a global audience, and we welcome users from around the world. However, as our operations are based in Australia, the platform is governed by Australian laws and regulations.

If you access the platform from outside Australia, you do so on your own initiative and are responsible for complying with local laws regarding online conduct, content standards, and data privacy. This includes ensuring that your use of the platform is lawful in your jurisdiction, particularly in areas such as data sharing, content publishing, and employment-related activities.

Please be aware that the information you provide or the content you share on the platform is stored and processed in Australia, and by using our platform, you consent to this transfer, storage, and processing in accordance with Australian laws, which may differ from those in your country.

Intellectual Property

You represent and warrant that you are the creator and rightful owner of any content you provide on the platform and that such content does not infringe the intellectual property rights of any third party. All rights to the content remain solely with you, and we do not claim ownership or intellectual property rights over your content.

By providing content on the platform, you grant us a non-exclusive, worldwide, royalty-free licence to use, display, store, and distribute your content as necessary to provide the platform's services.

You must not copy, modify, reverse engineer, disassemble, decompile, reproduce, resell, mirror, create derivative works of, or attempt to derive the source code of the platform or its services, except with prior written consent.

Violations of these obligations, including attempts to infringe upon the platform's intellectual property, may result in immediate account termination and/or legal action, including claims for damages and injunctive relief.

Account Security

You are solely responsible for securing your third-party social media service(s) and the credentials linked to those accounts. While two-factor authentication (2FA) is not mandatory, we highly recommend enabling it to protect your account from unauthorised access through your third-party social media service(s). If your account becomes compromised or accessed by an unauthorised party, you agree to notify us immediately via the designated support channels.

The platform does not store access tokens or maintain continuous access to your third-party social media service(s), except to facilitate login authorisation. Once login is complete, any tokens are discarded.

Your access to the platform will remain active even if you log out of your third-party social media service used for login. To enhance security, we advise logging out of the platform explicitly at the end of your session, especially when using a device that is not exclusively for your personal use.

Paid Services

This section outlines the terms and conditions related to any paid services offered through the platform, including but not limited to job advertisements and premium features.

Please refer to the Third-Party Payment Processing section of our Privacy Policy for more detailed information regarding the collection, protection, storage and management of your payment information.

Payments

Job advertisements on the platform are a paid service, with fees clearly communicated during the ad creation process.

All job ads remain active on the platform until the position is filled or the advertiser no longer has the position on offer.
Each job ad is subject to a 4-week expiry, where advertisers may extend the expiry for another 4 weeks, as many times as necessary, to fill the position.
Job ads must not be reused to advertise a different position. Each position requires a new paid listing.
Payments for job ads must be completed in advance, and ads will only be published upon successful payment processing.
Payments are securely handled through Stripe, our third-party payment processor.

Local Taxes and Eligibility

If you are located in Australia, we are required by law to include the Goods & Services Tax (GST) in the price of job advertisements or any other paid services. All advertised prices are inclusive of GST and will be outlined separately on your invoice or receipt, if applicable.

If you are a sole trader or organisation in Australia and registered for GST, you may be eligible to claim the GST component as a tax credit. We recommend consulting with your tax advisor or the Australian Tax Office for guidance on GST claims and reporting.

Payment Processing and Fraud Assessment

As part of our payment processing, Stripe, our third-party payment processor, performs its own risk analysis and fraud assessment based on the data provided during the checkout process. This assessment helps ensure the security and integrity of payment transactions. Stripe's evaluation may result in the decline of a payment if it is flagged as potentially fraudulent or poses a risk.

In such cases, we, along with Stripe, will work with you to resolve any payment-related issues promptly. However, it is your responsibility to ensure that the payment details you provide are accurate and comply with Stripe's requirements to avoid disruptions in service.

Refunds

Refunds for paid services may be granted under the following circumstances:

A technical issue on our platform prevents the paid service from being delivered as promised.
A job ad or other paid service is removed prematurely due to an error in enforcement of our Terms of Service.
The platform is discontinued, and pro-rated refunds for active paid services are offered at our discretion.

Refunds will not be granted for:

Lack of engagement or responses to job ads.
Removal of services due to user violations of these Terms of Service or applicable laws.

Refund requests must be submitted within 14 days of the payment date and include a detailed explanation. Refunds are issued at our discretion and may be subject to verification.

Payment Disputes

In the event of a payment dispute, you agree to contact us directly rather than initiating a chargeback or dispute through your payment provider.

We will work with you and Stripe (or the appropriate financial institution) to resolve disputes promptly.
Initiating a chargeback without contacting us first may result in account suspension.

Continued Access to Data

Once a job ad expires, it will remain visible to the advertiser in their control panel but will no longer be accessible to the public. Applicants may retain limited access to expired job ads for historical purposes, but they will not be able to interact with the job ad.

To uphold our commitment to privacy, we reserve the right to remove data associated with expired job ads after a certain period. This includes, but is not limited to, resumes, cover letters, and other user-submitted data related to applications. Advertisers are responsible for downloading or securely storing any data they wish to retain before it is removed.

Search Results and Visibility

The platform displays job ads dynamically using automated systems to provide search results tailored to user preferences and search criteria.

Ranking Criteria: Ads are ranked based on factors such as keywords, user preferences, geographic proximity, and other dynamic elements. These criteria are applied dynamically and may vary for each search.
Variability of Results: Performing the same search multiple times may yield different results due to updates in the platform's job listings, changes to advertiser inputs, or adjustments in ranking algorithms.
No Guarantees: While the platform strives to provide accurate and comprehensive search results, we cannot guarantee that all job ads matching the criteria will appear in the results. Some relevant ads may be excluded due to dynamic ranking factors or system limitations.
Featured Ads: Advertisers may choose to promote their job ads as featured listings, which will be explicitly identified and given preferred visibility within search results.
Search Filters and Sorting: Users are encouraged to utilise filters and sorting options to refine their searches. However, the platform does not guarantee the accuracy or completeness of results based on the selected filters.

The dynamic nature of search results ensures that listings remain relevant and user-focused but inherently limits the ability to provide static or guaranteed results for any given search. Search result behaviours may be updated as our platform evolves to improve user experience or align with technological advancements.

Advertiser Responsibilities

Advertisers using the platform must adhere to the following responsibilities to ensure fairness, transparency, and compliance with the platform's policies and applicable laws. These obligations are designed to maintain the integrity of the platform and provide a positive experience for all users.

Genuine Job Advertisements

All job advertisements must represent genuine and active hiring opportunities. Each ad should provide accurate and complete details, including:

The job title and required skills.
The location and work arrangement (e.g. remote, hybrid, on-site).
The salary or remuneration range.

Job advertisements must comply with all applicable laws and regulations in the location(s) where the job is offered, including anti-discrimination and employment laws.

Restrictions on Modifications

Job advertisements may only be modified within 48 hours of publishing or until the first application is received, whichever comes first. This rule ensures fairness by preventing frequent changes to ad content and maintaining consistency for viewers and applicants.

Prohibition on Data Misuse

Advertisers must not use job seekers' personal data for purposes unrelated to the job application in which the information was originally provided. Any use of job seekers' data must be strictly limited to evaluating their suitability for the specific job opportunity they applied for. Sharing or retaining applicant data for speculative hiring or any other unauthorised purposes is strictly prohibited.

Additionally, posting job advertisements solely to collect resumes, contact details, or other applicant data without actively hiring for the position — commonly referred to as resume-farming — is strictly prohibited.

Applicant data may only be used to evaluate candidates for the specific advertised position.
Retaining or reusing applicant data for speculative purposes is not allowed without explicit consent from the applicant.

Ad Management

Job advertisements must be updated or removed promptly when the position is no longer available. Ads cannot be reused to advertise different positions; a new paid listing is required for each distinct job opportunity.

Reporting and Review of Job Ads

Users have the right to report job ads they believe to be fraudulent, misleading, or in violation of these Terms of Service. Reports will be reviewed by our team, and we will work with the advertiser to address any issues raised. While we may reach out to the reporting user for additional information, we do not guarantee individual responses or resolution updates. We reserve the right to remove or suspend job ads at our sole discretion if they are found to breach these Terms of Service.

Data Privacy and Compliance

Advertisers must manage applicant data in compliance with the platform's Privacy Policy and applicable privacy laws. This includes:

Storing applicant data securely and preventing unauthorised access.
Using applicant data only for purposes explicitly stated in the job advertisement.
Ensuring applicant data is not shared with unauthorised third parties.

Consequences of Non-Compliance

Failure to meet these obligations may result in:

Immediate removal of the offending job advertisement(s).
Suspension or termination of the advertiser's account.
Legal action, where applicable, for violations of privacy laws, anti-discrimination laws, or the platform's Terms of Service.

Accessibility and Inclusion

We are committed to ensuring that the platform is accessible to a diverse audience, including individuals with disabilities. While the platform may not currently offer comprehensive accessibility features, we are actively working to improve inclusivity as the platform evolves.

Our goal is to meet recognised accessibility standards over time, making the platform usable and accessible for all. We welcome feedback from users about any accessibility challenges they encounter, and we will consider this feedback in future updates to the platform.

If you have specific accessibility needs or suggestions, please contact us and we will do our best to accommodate your requirements and prioritise accessibility improvements.

Termination

You may terminate this agreement at any time by closing your account and ceasing all access to the platform.

We reserve the right to terminate your account if you violate these terms or engage in activities that compromise the platform's integrity, security, or compliance with applicable laws.

Account termination can be initiated:

By the account owner directly within the platform (if available).
By contacting us via the registered email address with the details outlined in this document.

To protect against wrongful or unauthorised termination requests, we may request additional identification to verify ownership of the account and associated personal data.

Upon termination, your access to the platform will be revoked, and any remaining obligations under these terms (such as compliance with applicable laws) will continue to apply.

Refusal of Service

We reserve the right, at our sole discretion, to refuse service to any user, terminate accounts owned by the user, and, if applicable, block devices associated with the user. Grounds for refusal of service may include, but are not limited to, violations of these terms, unlawful activities, or actions that compromise the security, integrity, or functionality of the platform.

This right extends to denying access to the platform, its features, or any future use of our services.

Modifications to the Platform

We are committed to improving the platform and may add, modify, or remove features or functionality at our sole discretion. These changes may impact how you use certain features or the platform as a whole. While we will make reasonable efforts to notify you of significant changes that could affect your use of the platform, we are not obligated to provide such notifications for all changes.

By continuing to use the platform after changes take effect, you agree to be bound by the updated Terms of Service. If a modification materially reduces the functionality of a feature you have paid for, you may be eligible for a partial refund or credit at our discretion.

Discontinuation of the Platform

We reserve the right, at our discretion, to discontinue the platform and cease further operations. In such an event, we will provide no less than 30 days' prior notice. This notice will be communicated through the platform and/or other reasonable means, such as email.

For active paid job ads at the time of discontinuation, refunds will be calculated based on the portion of the service that was not rendered. Refunds may be issued as a flat rate or based on the remaining duration of the agreed ad visibility period, if applicable, at our discretion. Unpaid job ads will not be refunded and may be removed upon discontinuation of the platform.

Upon discontinuation, we will handle user data in accordance with our Privacy Policy and applicable legal requirements.

Data Loss

We are not responsible for any data that is lost, corrupted, or rendered unreadable under any circumstances, including but not limited to:

Communication or transmission errors, or related failures.
Equipment malfunctions, including silent hardware corruption or related issues.
Failures in backing up or securing data, or the loss or damage of backup media or facilities.
Failure to synchronise data with the platform servers, including neglect to log in to ensure data is saved.

Indemnification

You agree to indemnify, defend, and hold us, along with our affiliates, officers, directors, employees, and agents, harmless from and against any and all demands, losses, liabilities, claims, or expenses (including reasonable legal fees) made by any third party arising out of or in connection with your use of the platform. This includes, but is not limited to:

Breach of any obligation, representation, or warranty under these terms.
Misuse of any feature, functionality, or system within the platform.
Infringement of intellectual property, proprietary rights, or personal rights of any third party.

You acknowledge that it is your sole responsibility to use the platform accurately, adhere to its community guidelines, respect the rights of others, and comply with all applicable laws. We are not liable for any consequences, financial or otherwise, arising from your misuse of the platform, disputes with other users, or interactions with third parties.

Representations and Warranties

The platform is provided on an "as is" and "as available" basis. We disclaim all warranties of any kind, whether express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement. Specifically, we make no representations or warranties that:

The platform will meet your specific requirements or expectations.
The platform will be uninterrupted, timely, secure, or error-free.
The results obtained from using the platform will be accurate, reliable, or suitable for your purposes.
The quality of any products, services, information, or other material purchased or obtained through the platform will meet your expectations.
Any interactions, engagements, or outcomes facilitated by the platform, including but not limited to communications, responses, or opportunities, will occur as expected.
Any errors in the platform will be corrected.
Requested enhancements, features, or functionalities will be delivered.

We also disclaim liability for any issues arising from factors outside our control, including, but not limited to, third-party integrations, network interruptions, or unforeseen technical difficulties.

Limitation of Liability

To the maximum extent permitted by law, we are not liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including, but not limited to, loss of profits, revenue, data, or business opportunities, even if we have been advised of the possibility of such damages.

You assume full responsibility for your use of the platform, including any decisions or actions taken based on the information, features, or services provided. In no event shall our total liability to you for any claims arising out of or relating to the platform exceed the amount you have paid to us (if any) for access to the platform in the 12 months preceding the event giving rise to the claim.

Unlawful Activities

The use of the platform for unlawful activities, harassment of other users, or the distribution of harmful, offensive, or inappropriate content is strictly prohibited. By using the platform, you agree not to engage in any such activities.

We reserve the right to suspend or terminate your account immediately if we suspect any activities that are unlawful, harassing, harmful, or inappropriate. Such actions may also result in legal consequences. Additionally, we reserve the right to report any suspected unlawful activities to the appropriate law enforcement authorities and cooperate fully with their investigations.

Governing Law and Dispute Resolution

These terms, and all matters relating to your access to or use of the platform, including disputes, are governed by the laws of South Australia, Australia. Both parties agree to submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in South Australia.

Before initiating any arbitration or court proceedings (except where urgent injunctive relief is sought), the following dispute resolution steps must be undertaken:

Notification: The party raising the dispute must notify the other party in writing, detailing the nature of the dispute and providing sufficient information to allow for consideration and response.
Discussion: Both parties must engage in discussions or correspondence in good faith to attempt to resolve the dispute.
Arbitration: If the dispute remains unresolved 30 days after the initial notification, the dispute must be referred to arbitration in accordance with the Institute of Arbitrators and Mediators Australia Fast Track Arbitration Rules. The decision of the arbitrator will be final and binding on both parties, except as required by law.

Severability

If any provision of these Terms of Service is found to be unlawful, invalid, or otherwise unenforceable, that provision will be severed from these terms, and the remaining provisions will continue in full force and effect as if the unenforceable provision had not been included.

In the event that two or more provisions are found to conflict with each other, we reserve the right to determine which provision will remain in effect.

Links to Other Websites

The platform may include links to third-party services and websites that are not operated by us. If you click on a third-party link, you will be directed to that third-party site. While we strive to maintain the integrity of the platform, we cannot guarantee the safety of all external links posted by users. We will make a reasonable effort to remove or block any harmful links that are identified, but we cannot assure that all such links will be found or removed before they are accessed.

We have no control over and assume no responsibility for the content, products, or services on or available from those websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

We strongly encourage you to review the privacy policy and terms of service of every site you visit, especially before sharing any personal information or engaging in any transactions. Your vigilance is a critical component of safeguarding your online security and privacy.

Changes to the Terms of Service

We reserve the right to update these Terms of Service as necessary to reflect changes in our practices, legal requirements, or to address new features or services. Whenever changes are made, the "Last updated" date at the top of this document will be revised to reflect the latest version.

Any changes will become effective when posted on this page. We will notify you of any material changes to these Terms of Service by posting a prominent notice on the platform or by other means as required by applicable law.

We encourage you to review these Terms of Service periodically to stay informed about the terms governing your use of the platform. Your continued use of the platform after the effective date constitutes your acceptance of the updated Terms of Service.

Contact Us

We value your feedback and are committed to addressing any questions, concerns, or suggestions regarding these Terms of Service. Please don't hesitate to reach out — we're here to help.

You can contact us via email at: [email protected]

We strive to respond to all inquiries promptly. For urgent matters, particularly those related to the Terms of Service, please include "Urgent: Terms of Service Inquiry" in the subject line of your email to ensure priority attention.