Hoojano

Terms of Use

So here's the formal bit. Below you'll find the HooJano terms of use/business divided in to three sections: Referrer, Hirer, and Candidate. Dip in to the section that relates to you.

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HooJano Referrer Terms of Business

You are the recipient of these terms and 'you', 'your' and 'yours' refer to you and any Associate or subsidiary of yours. We are HooJano Pty. Ltd. of Suite 1, Level 2, 17 Raglan Street, South Melbourne, Victoria, Australia, and 'we', 'our', 'ourselves' and 'us' refer to HooJano Limited. Following receipt or sight of these Terms of Business ("the Contract") any act by you of asking for, or accepting the provision of our services, constitutes your acceptance of the Contract. In acceptance of the mutual benefits set out within the Contract it is agreed as follows:

1. Definitions

1.1 'Assignment Information' means all information concerning the role or position to be filled.

1.2 'Associate' means an associate as defined in 876.P2 of the Whatever Act 1982.

1.3 'Additional Commission' means 5% of any Placement Fee earned by an Introduced Referrer, from the email address from which they accepted your invitation.

1.4 'Commission' means the fee earned by HooJano on successful placement of a Candidate and is currently equivalent to 20% of the Hirer Reward including GST.

1.5 'Engagement' means any engagement of the Candidate, whether direct or indirect, by a Hirer, arranged via Our Website in respect of which a Placement Fee becomes lawfully payable to us.

1.6 'Advertising Hirer' means an actual or potential employer who has placed details of an employment vacancy upon Our Website

1.7 'Hirer' means any Advertising Hirer or any Suggested Hirer

1.8 'Our Website' means the website www.hoojano.com.au.

1.9 'Placement Fee' means the fee payable by the Hirer to us equivalent to the Reward offered plus GST.

1.10 'Payment Terms' are that we will pay the Commission to you 48-hours after we have been advised by the Hirer that the Candidate has commenced in the relevant role.

1.11 'Candidate' and 'Candidate' mean a person who you consider might be suitable for an Engagement.

1.12 'Candidate Information' means information concerning the Candidate relating to their identity, skills, experience or qualifications which a Hirer considers necessary for the Candidate to undertake work for the Hirer, or which are required by law or a professional body for the Candidate to work for the Hirer upon an Engagement, and the willingness of the Candidate to undertake work upon an Engagement.

1.13 "Offer of Engagement" & "Offer" means the verbal or written notification from a Hirer to a Candidate that they wish to Engage that Candidate. In this context "Acceptance" means the verbal or written agreement and acceptance of said Offer.

1.14 'Referrer' means any party, who has contracted with us, for the purpose of introducing Candidates to Hirers.

1.15 'Remuneration' means the basic annualised starting base salary payable to the Candidate, by the Hirer, in respect of an Engagement.

1.16 'Requirement' means the Hirer's requirements in respect of the Candidate sought, including the characteristics of the Candidate affecting their suitability for undertaking work upon an Engagement.

1.17 Reward means the fee offered by a Hirer that they are willing to pay to successfully place a Candidate into a role via Hoojano. GST is added to this Reward and the total is charged as a Placement fee on successful filling of the ole

1.18 'Introduced Referrer' means any person who accepts your invitation to become a Referrer.

1.19 'Suggested Hirer' means an actual or potential employer whom you believe may be interested in an Engagement of a Candidate.

2. Our Obligations

2.1 We will not disseminate details of Candidates to Hirers, Referrers or any third party except with your express permission or pursuant to a legal obligation to which we are subject.

2.2 We will preserve your confidentiality. This clause is subject to any legal obligations that we may have, or become subject to, (including but not limited to court orders) to disclose information pertaining to you.

2.3 Subject to clause 2.5 we will pay to you any Commission, and Additional Commission, due to you, within the Payment Terms

2.4 Subject to you opening an account with us we will provide you with the facility to input information about a Candidate onto Our Website and transmit that information via Our Website to a Hirer.

2.5 In the event that a Hirer refuses to pay a Placement Fee, or delays in paying a Placement Fee, we will use reasonable endeavours to ensure that the Placement Fee is paid. Sums of money spent on such debt collection will be considered deducted from the Placement Fee prior to the calculation of your Commission or Additional Commission. In these circumstances you will receive a pro rata entitlement to the Commission or Additional Commission after the deduction of the debt recovery costs. In the event that we do not receive payment of the Placement Fee you will not receive the Commission. If we only receive payment of part of the Placement Fee you will only receive a pro rata entitlement to Commission or Additional Commission, in line with the payment we have received. If we are required to pay the Hirer a rebate of the Placement Fee you will not receive any Commission or Additional Commission in respect of the Placement Fee.

3. Your Obligations - Quality Control

3.1 You will use reasonable endeavours to ensure that any information that you provide is accurate and not misleading.

3.2 You will not provide any information that you believe is likely to be inaccurate or misleading.

3.3 You confirm that you are aware of, and will comply with, all of your legal obligations including those specific to taxation and you confirm that you are over the age of 18 years and have legal standing to enter into a contractual relationship with us.

3.4 You will, prior to introducing a Candidate to a Hirer, obtain from the Hirer all of the Assignment Information and inform the Candidate of this Assignment Information.

3.5 You will, prior to introducing a Candidate to a Hirer, obtain confirmation, from the Candidate, of the Candidate Information and you will communicate this Candidate Information to the Hirer.

3.6 You will inform the Hirer and/or the Candidate if you believe it may be detrimental to the interests of either party to enter into an Engagement.

3.7 If, in the period of three months following the commencement of an Engagement, you discover information about a Candidate which gives you reasonable grounds to believe that a Candidate maybe unsuitable for the Engagement, you will, without delay, inform the Hirer of that information.

4. Your Obligations - Business Model

4.1 You agree that you will not contact, whether directly or via any third party, any Advertising Hirer, other than through Our Website.

4.2 In order to ensure that our business model works fairly and in the interests of Referrers, Hirers, Candidates and ourselves you will inform us if you become aware of attempt by any party to make use of Our Website whilst circumventing, in whole or part, the Placement Fee.

4.3 You agree that HooJano shall retain 20% of any Reward (+GST) earned by you in the successful placement of a Candidate via HooJano into a Hirer role

4.4 You agree to notify HooJano of the Acceptance of any Offer of Engagement from a Hirer by a Candidate who your have referred to that Hirer at your soonest reasonable opportunity after becoming aware of the fact.

4.5 You agree to notify HooJano of the commencement in the related role by a Candidate who your have referred to that Hirer at your soonest reasonable opportunity after becoming aware of the fact.

4.6 You agree to notify HooJano of the non-commencement in the related role by a Candidate who your have referred to that Hirer at your soonest reasonable opportunity after becoming aware of the fact.

4.7 You agree that should a Candidate you refer accept an Offer and then not commence in the role, you are not entitled to any Reward Fee.

5. Privacy

5.1 You will preserve the confidentiality of any information given to you by a Candidate, in particular you will: (i) only transmit the information to a Hirer with the express permission of the Candidate, and (ii) you will not use the information for purposes other then attempting to secure an Engagement or for the consideration as to the suitability of the Candidate for a particular Engagement.

5.2 You understand that such information as you volunteer about yourself to a Candidate or Hirer may be transferred outside of the Australian Economic Area ('AEA') if the Candidate or Hirer with whom you liase is based outside the AEA.

5.3 In the event that there is an actual or proposed: (i) joint venture between our business and another business, or (ii) a merger between our business and another business, or (iii) an acquisition of our business by another business, then your personal data (personal data is defined in the Data Protection Act 1998) may be transferred to another party as part of the process of considering the joint venture, merger or acquisition. Any such transfer of personal data will be made subject to express conditions of confidentiality. You acknowledge that where the party who is considering the merger, acquisition or joint venture is outside the AEA this may result in your personal data being transferred outside the AEA and you confirm that you give your consent to such transfer. You may withdraw, or limit, this consent at anytime by providing us with notice at legal@hoojano.com.au.

5.4 Whilst we have implemented appropriate technical and organisational measures to secure data, including the use of encryption, that is transferred to Our Website, you understand that we cannot guarantee the security of our systems and you acknowledge that we are not to be held liable for any loss, whether direct or indirect, arising from the interception of data relating to you by a third party.

5.5 At your request we shall delete any data relating to you from our files, save that when we have entered into a transaction with you in respect of which it is conceivable that legal liabilities could arise we reserve the right to archive such data until the expiry of legal liability in respect of matters to which the data relates. Notwithstanding the reservation of this right you confirm that your request for such data to be deleted is your waiver of any legal rights, to such extent as is possible at law, in respect of any matters in relation to which the data you have asked to be deleted may be relevant.

5.6 Our Website makes use of cookies. Cookies make it easier for us to log you onto Our Website and also enable us to monitor website traffic and personalise the content of the site for you. You understand that you may reject the use of cookies although this may mean that certain features of Our Website will no longer be available to you.

5.7 You understand that any data that you provide to us may be transferred outside the AEA and you confirm that you agree to such transfer. You may withdraw, or limit, this consent at anytime by providing us with notice at legal@hoojano.com.au.

5.8 You consent to our provision of information about any product or services that we may, from time to time, offer and you consent to the provision of such information by the medium of email. You can withdraw this consent at anytime, including now, by notifying us at legal@hoojano.com.au.

6. Website Use

6.1 In order to register to use Our Website you must choose a password. You warrant that you will use best endeavours to ensure that this password remains confidential between you and us. You will notify us immediately if the security of your password is prejudiced in order that we make take appropriate steps to endeavour that your account is not used for purposes outside the terms of the Contract.

6.2 You specifically confirm that you will not: (i) place, cause to be placed, or induce another person to place any link upon another website that connects to Our Website without written permission from a Director of ours, save that you may link to the front page of Our Website, at the address of Our Website without requiring any permission, or (ii) remove, distort or otherwise adapt our logo or any aspect of Our Website, imply that you, your products, services, or reputation, are in anyway endorsed by us, (iii) suggest that you are in partnership or party to a joint venture with us, or (iv) otherwise misrepresent your relationship with us.

6.3 You understand that we may, in some circumstances and at our sole discretion, allow third parties to place links upon Our Website. You acknowledge that the provision of such links upon Our Website does not provide any endorsement by us of such websites, or the products or services promoted upon them, nor is the provision of any link upon Our Website indicative of any particular business relationship with the party to whose website the link is attached.

6.4 You are permitted to download materials from Our Website for your personal use only, subject to the following restrictions: (i) your express acknowledgement that we retain the copyright in any material that you download, and (ii) you will not modify, publish, transmit or transfer any of the content of Our Website except in accordance with The Designs Patents & Copyright Act 1998.

6.5 You acknowledge that 'HooJano' and the logo(s) on Our Website are our property and may not be used by you except with the written, revocable, consent of a Director of ours.

7. Liabilities

7.1 You shall not directly or indirectly induce any Hirer, or any employee of ours, to terminate their contract with us. You agree to pay us liquidated damages in respect of any breach of this provision in the sum of $15,000.

7.2 You agree that the damages in clause 7.1 are a reasonable approximation of our loss.

7.3 We are not liable for any acts or omissions of the Candidate in respect of any services that they provide or fail to provide. We are not liable to you for acts or omissions of ours, whether negligent or otherwise. You agree to fully indemnify us in respect of any claims brought against us, whether by you, the Candidate, or any third party, including legal costs (assessed on an indemnity basis) incurred in the defence of claims arising out of an Engagement where such liability arises due, in part or whole, to a failure by yourself to honour your legal obligations.

7.4 Our liability to you, other than any contractual liability to pay to you the Commission and Additional Commission, shall be limited to the sum of $5,000.

7.5 Nothing in the Contract shall be taken exclude or limit our liability in respect of personal injury, death, fraud or when an exclusion of liability is otherwise not permitted by law.

8. General Terms

8.1 We may, at our sole discretion, which need not be exercised reasonably, terminate the Contract, or prevent or limit your use of Our Website.

8.2 Without prejudice to clause 8.1 we may terminate the Contract, limit, or prevent, your use of Our Website in the event that you breach any provision in the Contract.

8.3 Time is of the essence to the Contract.

8.4 You agree to bear sole responsibility for any banking charges. You agree that the Commission and Additional Commission received by you will be reduced to reflect any banking charges that we may be required to pay in the course of making any such payment to you.

8.5 Without prejudice to the content of any representations that we may seek to make to any competent court or tribunal, in respect of our legal status, the applicability of legislation to our services, or otherwise, to the extent that the Act applies to us, but not further or otherwise, we are an agency (agency is defined in The Employment Agencies Act 1973). You agree that you are an agency.

8.6 In the Contract the use of masculine terms shall include the feminine, and the singular shall include the plural, and vice versa.

8.7 Each clause in the Contract and each portion thereof, whether defined by punctuation or numbering is distinct and severable, and to give effect to the common intention of you and us the court may sever any part of the Contract, and the remaining part will have continuing effect.

8.8 The Contract represents the sole and entire agreement between you and us in respect of which we may provide services to you. No other terms shall be deemed to apply to the contractual relationship between you and us unless a director of ours has agreed them in writing.

8.9 The headings in the Contract are provided for convenience only and do not affect the interpretation of the any clause in the Contract.

8.10 The Contracts (Rights of Third Parties) Act 1999 specifically does apply to this Contract, for the benefit of the Candidate and the Hirer.

8.11 The Law of Australia governs this contract and the Australian Courts shall have non-exclusive jurisdiction.

HooJano Hirer Terms of Business

You are the recipient of these terms and 'you', 'your' and 'yours' refer to you and any Associate or subsidiary of yours. We are HooJano Pty. Ltd of Suite 1, Level 2, 17 Raglan Street, South Melbourne, Australia, and 'we', 'our', 'ourselves' and 'us' refer to HooJano Limited. Following receipt or sight of these Terms of Business ("the Contract") any act by you of asking for, or accepting the provision of, our services, or using any Candidate Information in any way, constitutes your acceptance of the Contract. In acceptance of the mutual benefits set out within the Contract it is agreed as follows:

1. Definitions

1.1 'Act' means The Employment Agencies Act 1973.

1.2 'Advertisement Fee' means the fee payable by you to us (plus GST), for employment vacancies that you advertise upon Our Website.

1.3 'Agency' means an employment agency as defined in the Act.

1.4 'Assignment Information' means all information concerning the role or position to be filled including:

(i) the identity and the nature of whom it is intended will employ the Candidate,

(ii) the nature of the work required from the Candidate,

(iii) the date upon which the Candidate is required to commence work,

(iv) the period for which the services of the Candidate are required,

(v) the conditions and location in which the work will be conducted,

(vi) any risks to the Candidates health & safety and steps taken to prevent or control these,

(vii) details of the experience, qualifications, legal or professional requirements or authorisations that the Candidate is required to have to work in the position,

(viii) any expenses payable by or to the Candidate,

(ix) the remuneration payable to the Candidate and the notice of termination of employment they are required to give and entitled to receive.

1.5 'Associate' means an associate as defined in s.435 of the Insolvency Act 1986.

1.6 'Engagement' means any engagement of the Candidate, whether direct or indirect, by you or by a third party to whom you have provided Candidate Information for the purposes of the Candidate providing services for the benefit of you or a third party.

1.7 'Fee' means any Placement Fee, Advertisement Fee or other fee that you agree to pay to us.

1.8 'Our Website' means the website www.hoojano.com.au.

1.9 'Placement Fee' means the fee payable by you to us (plus GST).

1.10 'Payment Terms' are that you will pay the Placement Fee to us within 14 days from our invoice having been sent, which in turn will be sent to you on confirmation that you have Engaged a Candidate sourced through HooJano, it being agreed that in the event of late payment interest shall be paid by you to us at the rate of 5% above the base rate of National Australia Bank from the date the invoice fell due.

1.11 'Candidate' means any person (a 'person' being defined by the Interpretation Act 1978) whose details a Referrer provides to you, via Our Website, or any person through whom the Candidate supplies their services or whose services are supplied through the Candidate.

1.12 'Candidate Information' means information concerning the Candidate relating to their identity, skills, experience or qualifications which you consider necessary for the Candidate to undertake work, or which are required by law or a professional body for the Candidate to work upon an Engagement, and the willingness of the Candidate to undertake work upon an Engagement.

1.13 'Rebate Terms' are that:

(i) in the event that you have paid an Advertisement Fee and Our Website does not work for a continuous period of 10 days during which time the advertisement to which the Advertisement Fee relates is not displayed upon Our Website, then you will be entitled to a pro-rata refund of the Advertisement Fee provided

(a) you are not in breach of any of the terms of this contract, and

(b) you notified us that your advertisement was not being shown upon the first of the 10 days, and

(i) you will receive a full rebate of the Reward Fee including GST but expressly excluding the adverting fee in the event that you have paid Reward Fee and the relevant Candidate chooses not to commence in the role provided

(a) you are not in breach of any of the terms of this contract, and

(b) the reason(s) for the candidate not commencing is/are beyond your reasonable control

(c) you have not placed another candidate into the role prior to being made aware of the intention of the original Candidate to not commence in the role

(d) you requested the refund to which you were entitled within 30 days of such entitlement arising.

1.14 'Referrer' means a third party, who may wish to remain anonymous, who has contracted with us, who may provide information concerning Candidates whom they believe would be of interest to you.

1.15 'Remuneration' means the basic base salary payable to the Candidate in respect of the Engagement calculated on an annualised basis.

1.16 'Requirement' means your requirements in respect of the Candidate sought, including the characteristics of the Candidate affecting their suitability for undertaking work upon an Engagement.

1.17 Reward means the fee (not inclusive of GST.) you agree to pay to HooJano on successful Engagement of a Candidate sourced through HooJano. GST will be added to this amount and charged according to our terms and conditions

1.18 'Unacceptable Materials' include

(i) any advertisement that does not genuinely reflect a direct employment vacancy that you have within your own business at the time of placing the advertisement (our terms of business expressly exclude agents of Hirers from placing their roles on hoojano.com.au.) or

(ii) any advertisement which discriminates, whether directly or indirectly, upon any unlawful grounds, or

(iii) any materials that are placed upon Our Website which you have not made adequate efforts to ensure are accurate, or which are misleading, abusive, offensive, pornographic, immoral, infringing of legal obligations, or intended to harm the reputation of our business or Our Website,

(iv) any data, programme, or other device, which contains viruses, Trojan horses, worms or any other such harmful implements intended to cause damage to or interfere with Our Site or intended to obtain personal information or data.

2. Our Capacity & Services

2.1 Without prejudice to the content of any representations that we may seek to make to any competent court or tribunal, in respect of our legal status, the applicability of legislation to our services, or otherwise, to the extent that the Act applies to us (or to a Referrer), but not further or otherwise, the Referrer and ourselves are an Agency.

2.2 We agree to provide you with the opportunity to advertise employment vacancies that you may have with us for an Advertisement Fee. We may refuse to advertise any employment vacancy at our sole discretion, the exercise of which need not be reasonable, if we consider that the advertisement could put any person in conflict with their legal obligations, or if we believe the advertisement is immoral, distasteful or potentially injurious to any person. Should we refuse to advertise a vacancy, in respect of which payment has already been made, we shall refund such portion of the Advertisement Fee pro rata to the period for which we refused to advertise the vacancy, subject to clause 1.13(ii)(a).

2.3 A Referrer may provide to information to you in respect of Candidates that a Referrer believes would be suitable for employment. Whilst we shall at all time act in good faith we make no guarantee as to the conduct of a Referrer or the suitability of a Candidate that they recommend to you. We make no guarantee as to likelihood of our services resulting in a suitable Candidate being identified for employment.

2.4 We agree to invoice you in respect of any Fees.

2.5 We agree to pay you any rebates that are lawfully due to you in accordance with the Rebate Terms. For the avoidance of doubt a rebate will not be payable until Placement Fees have been paid and late payment of any Placement Fee will void your entitlement to a rebate.

3. Your Responsibilities

3.1 You agree to pay our Placement Fee plus GST, without deduction, set off, or counterclaim, within the Payment Terms in the event of an Engagement. You acknowledge that in the event that you do not pay our invoice within the Payment Terms we will be taking a reasonable step in mitigating our loss by instructing solicitors to take appropriate legal action to recover the debt from you. You confirm that you agree to incur additional contractual liability to pay to us such legal costs as we may incur, as would be assessed on an indemnity basis.

3.2 You acknowledge that in order that the Referrer may provide a Candidate with information, which would enable them to consider the suitability of an Engagement, they require information including the Assignment Information and Requirement from you; which you consent to being provided to the Referrer and Candidate.

3.3 You undertake to provide the Assignment Information upon detailing the Requirement, or as soon as possible after ourselves advising you that a Referrer has suggested a Candidate in respect of a vacancy of yours of which you have not previously notified us. You will notify the Referrer (and ourselves if you are advertising the vacancy with us) immediately if at any time prior to the Engagement, the Assignment Information, or the Requirement, change.

3.4 You agree to provide the Referrer and us with any further information that either we or the Referrer may reasonably request.

3.5 You confirm that the Referrer has your authority to notify a Candidate of the Requirement, the Assignment Information and any further information that you may provide.

3.6 You acknowledge that we do not verify the suitability of a Candidate and that you are responsible for ensuring that the Candidate is suitable for your needs, and your agreement to an Engagement is your warranty that you are satisfied that the Candidate is suitable for the Requirement.

3.7 You undertake to explain the Requirement, and the Assignment Information, to the Candidate on the first occasion that you liaise with them and to advise the Candidate as to any changes to the Assignment Information, or the Requirement, prior to allowing the Candidate to commence an Engagement. You undertake to obtain the Candidate Information prior to an Engagement.

3.8 You will notify us at your earliest opportunity upon Acceptance by any Candidate sourced via us of your Offer of Engagement to them.

3.9 You will notify us at your earliest opportunity of commencement in a role by any Candidate sourced via us. .

3.10 You agree that, prima facie, the effective cause of an Engagement will, in all circumstances, be deemed to be the introduction of the Candidate via Our Website unless you can provide evidence clearly demonstrating that this was not the case. You warrant that you will immediately (by emailing legal@hoojano.com.au), and in any event within 24 hours of the initial provision of information relating to the Candidate's identity, inform us if you believe, or suspect, that you are aware of the identity of the Candidate other than via information supplied by a Referrer. In the event that you fail to make such notification within 24-hours there will be an irrefutable presumption that the effective cause of an Engagement is the introduction of the Candidate via our Website.

4. Privacy

4.1 Whilst we have implemented appropriate technical and organisational measures to secure data, including the use of encryption, that is transferred to Our Website, you understand that we cannot guarantee the security of our systems and you acknowledge that we are not to be held liable for any loss, whether direct or indirect, arising from the interception of data relating to you by a third party.

4.2 Any payments made by credit card are routed via a third party service company who is responsible for ensuring the security of the data. You acknowledge that we are not liable for any neglect on behalf of the third party service company.

4.3 At your request we shall delete any data relating to you from our files, save that when we have entered into a transaction with you in respect of which it is conceivable that legal liabilities could arise we reserve the right to archive such data until the expiry of legal liability in respect of matters to which the data relates. Notwithstanding the reservation of this right you confirm that your request for such data to be deleted is your waiver of any legal rights, to such extent as is possible at law, in respect of any matters in relation to which the data you have asked to be deleted may be relevant.

4.4 Our Website makes use of cookies. Cookies make it easier for us to log you onto Our Website and also enable us to monitor website traffic and personalise the content of the site for you. You understand that you may reject the use of cookies although this may mean that certain features of our site will no longer be available to you.

4.5 In the event that there is an actual or proposed: (i) joint venture between our business and another business, or (ii) a merger between our business and another business, or (iii) an acquisition of our business, by another business then your personal data (personal data is defined in the Data Protection Act 1998) may be transferred to another party as part of the process of considering the joint venture, merger or acquisition. Any such transfer of personal data will be made subject to express conditions of confidentiality. You acknowledge that where the party who is considering the merger, acquisition or joint venture is outside the AEA this may result in your personal data being transferred outside the AEA and you confirm that you give your consent to such transfer. You may withdraw, or limit, this consent at anytime by providing us with notice at legal@hoojano.com.au.

4.6 You understand that any data that you provide to us may be transferred outside the Australian Economic Area and you specifically confirm that you agree to such transfer. You may withdraw, or limit, this consent at anytime by providing us with notice at legal@hoojano.com.au.

5. Liability

5.1 Whilst we always endeavour to ensure that the contents of Our Website are correct and accurate (subject to clause 8.11) we accept no liability for any inaccurate or misleading data upon Our Website.

5.2 You agree to indemnify us in respect of any loss we may suffer that is consequential to, or which might have been avoided but for your failure to respect the terms of the Contract; such indemnity is to include reasonable legal costs that we may incur in the circumstances as set out in this clause 5.2, such legal costs to be assessed on an indemnity basis.

6. Website Use

6.1 You agree not to submit, try to submit, or encourage any third party to submit, Unacceptable Materials onto Our Website.

6.2 In order to register to use Our Website you must choose a password. You warrant that you will use best endeavours to ensure that this password remains confidential between you and us. You will notify us immediately if the security of your password is prejudiced in order that we make take the appropriate steps to endeavour that your account is not used for purposes outside the terms of the Contract.

6.3 You specifically confirm that you will not: (i) place, cause to be placed, or induce another person to place any link upon another website that connects to Our Website, without written permission from a Director of ours, save that you may link to the front page of Our Website, at the address of Our Website without requiring any permission, or (ii) remove, distort or otherwise adapt our logo or any aspect of Our Website, imply that you, your products, services, or reputation as an employer, are in anyway endorsed by us, (iii) suggest that you are in partnership or party to a joint venture with us, or (iv) otherwise misrepresent your relationship with us.

6.4 You understand that we may, in some circumstances and at our sole discretion, allow third parties to place links upon Our Website. You acknowledge that the provision of such links upon Our Website does not provide any endorsement by us of such websites or the products or services promoted upon them, nor is the provision of any link upon Our Website indicative of any particular business relationship with the party to whose website the link is attached.

6.5 You are permitted to download materials from Our Website for your personal use only, subject to the following restrictions: (i) your express acknowledgement that we retain the copyright in any material that you download, and (ii) you will not modify, publish, transmit or transfer any of the content of Our Website except in accordance with The Designs Patents & Copyright Act 1998.

6.6 You acknowledge that 'Hoojano' and the logo(s) on Our Website are our property and may not be used by you except with the written, revocable, consent of a Director of ours.

7. Termination

7.1 We may, at our sole discretion, which need not be exercised reasonably, terminate the Contract, or prevent or limit your use of Our Website.

7.2 Without prejudice to clause 7.1 we may terminate the Contract, limit, or prevent, your use of Our Website in the event that you breach any provision in the Contract or you become insolvent or there are indications that you may soon become insolvent (insolvent is defined in the Insolvency Act 1986).

8. General Terms

8.1 We may provide you with other services as detailed in a schedule to the Contract.

8.2 You agree that you will bear sole responsibility for any banking charges. You will ensure that we receive the full Fee and that you will not cause there to be any reduction in the Fee due to us, by virtue of any charges which may be incurred in the course of making such a payment to us.

8.3 Time is of the essence to the Contract.

8.4 In the Contract the use of masculine terms shall include the feminine, and the singular shall include the plural, and vice versa.

8.5 All Candidate Information is strictly private and confidential and must not be supplied to any party by you without the written permission of a director of ours and may only be used for purposes directly relating to employing the Candidate or considering the Candidates suitability for employment. You agree to pay us liquidated damages in the sum of the Placement Fee for any breach of this provision unless you have otherwise paid a Placement Fee in respect of an Engagement of the Candidate to whom the information relates.

8.6 You shall not directly or indirectly induce any Candidate, or any employee of ours, to terminate their contract with us. You agree to pay us liquidated damages in respect of any breach of this provision in the sum of $15,000.

8.7 You agree that the damages in clauses 8.5 and 8.6 are a reasonable approximation of our loss.

8.8 Each clause in the Contract and each portion thereof, whether defined by punctuation or numbering is distinct and severable, and to give effect to the common intention of you and us the court may sever any part of the Contract, and the remaining part will have continuing effect.

8.9 Without prejudice to the fact that the nature of our services are such that we could never incur liability for the actions or neglect of a Candidate or Referrer; in view of your acceptance of responsibility for ensuring the suitability of the Candidate, as set out in clause 3.6, and your obligations under clause 3.7, we are not liable for any acts or omissions of the Candidate in respect of any services that they provide or fail to provide. We are not liable to you for acts or omissions of ours, whether negligent or otherwise. You agree to fully indemnify us in respect of any claims brought against us, whether by you, the Candidate, or any third party, including legal costs (assessed on an indemnity basis) incurred in the defence of claims arising out of an Engagement where such liability arises due, in part or whole, to a failure by yourself to honour your legal obligations.

8.10 Our liability to you shall be limited to the lower of the Placement Fees that you have paid to us, or the sum of $5,000.

8.11 Nothing in the Contract shall be taken exclude or limit our liability in respect of personal injury, death, fraud or when an exclusion of liability is otherwise not permitted by law.

8.12 Our invoice is deemed received on the first working day following the date upon which it was posted, or, in the event of it being sent by email or facsimile, at the time of successful transmission if this before 4pm on a working day, or if this is after 4pm, or not on a working day, receipt will be deemed to occur on the next working day.

8.13 You agree that, without prejudice to your obligation to pay us a Placement Fee, whenever the provision of Candidate Information is the effective cause of an Engagement, the effective cause of an Engagement will be deemed to be our provision of Candidate Information if an Engagement occurs within two year's from the latest date upon which we provided Candidate Information to you.

8.14 In the event that you arrange for free travel for the Candidate to their place of work you shall pay the cost of their return journey. You warrant that you will not lend money to the Candidate to meet their travel or other expenses on terms that may require them to repay a greater sum than that loaned.

8.15 The Contract represents the sole and entire agreement between you and us in respect of which we may provide services to you. No other terms shall be deemed to apply to the contractual relationship between you and us unless a director of ours has agreed them in writing. We do not have authority to enter into contracts on your behalf.

8.16 You confirm that you are aware of, and will comply with, all of your legal obligations and you confirm that, if you are an individual, you are over the age of 18 years and have legal standing to enter into a contractual relationship with us. If you are an Agency then, for the purposes of regulation 23 of The Conduct of Employment Agencies and Employment Businesses Regulations 2003, you confirm that you are an Agency.

8.17 The headings in the Contract are provided for convenience only and do not affect the interpretation of the any clause in the Contract.

8.18 The Contracts (Rights of Third Parties) Act 1999 specifically does apply to this Contract, for the benefit of the Candidate and the Referrer.

8.19 You consent to our provision of information about any product or services that we may, from time to time, offer and you consent to the provision of such information by the medium of email. You can withdraw this consent at anytime, including now, by notifying us at legal@hoojano.com.au.

8.20 The Law of Australia governs this contract and the Australian Courts shall have non-exclusive jurisdiction.

HooJano Candidate Terms of Business

You are the recipient of these terms and 'you', 'your' and 'yours' refers to you. We are HooJano Pty. Ltd. of Suite 1, Level 2, 17 Raglan Street, South Melbourne, Victoria, Australia, and 'we', 'our', 'ourselves' and 'us' refer to HooJano Limited. Following receipt or sight of these Terms of Business ("the Contract") any act by you of asking for, or accepting, the provision of our services constitutes your acceptance of the Contract which overrides all previous terms between us and you and any terms proposed by you. In acceptance of the mutual benefits set out within the Contract it is agreed that:

1. Definitions

1.1 'Act' means The Employment Agencies Act 1973.

1.2 'Agency' means an employment agency as defined in the Act.

1.3 'Hirer' means any client of ours, and any subsidiary (subsidiary is defined by section 736 Companies Act 1985), agent, or associated company of theirs, to whom you are introduced, via a Referrer.

1.4 'Our Website' means the website www.hoojano.com.au.

1.5 'Referrer' means a third party, who may wish to remain anonymous, who has contracted with us, who may provide information concerning a Vacancy that they believe would to be of interest to you.

1.6 'Vacancy' means any actual or proposed engagement, whether temporary or permanent, of you by a Hirer (whether directly or via an intermediary) whereby the Hirer has responsibility for paying you remuneration.

1.7 'Vacancy Details' means all information relevant to the Vacancy including: (i) all requirements imposed by law or any professional body that must be satisfied in order to enable you to perform the work required; (ii) the identity of the Hirer and the nature of their business, (iii) the date upon which the Hirer requires you to commence work and the duration, or likely duration, of the work, (iv) the position that you are required to work and the type of work entailed, together with the location at which and hours during which you would be required to work, (v) any risks to your health and safety known to the Hirer and steps taken by them to prevent or control such risks, (vi) the experience, training and qualifications that the Hirer considers to be necessary, or which are required by any professional body, for you to work in the required role, (vii) any expenses that are payable by or to you, and (viii) the minimum rate of remuneration that the Hirer will pay you and the intervals at which you will be paid.

1.8 'Work Type' means the types of work that a Referrer may seek to find for you, which, unless otherwise agreed, shall be any type of work whatsoever that a Referrer may consider to be of interest to you and suitable for you.

2. Our Capacity & Services

2.2 A Referrer shall notify you if they believe you are suitable for a Vacancy within the Work Type.

2.3 We make no warranty as to suitability of any Vacancy that the Referrer has suggested may be of interest to you; nor do we make any warranty as to the ability of any Referrer to propose a suitable Vacancy for you.

3. Business Model & Your Privacy

3.1 If you are interested in a vacancy that a Referrer recommends then the Referrer will ask you to provide further information about yourself to the Referrer, which they will forward to the Hirer. The Referrer is under a contractual obligation to only: (i) give this information to a Hirer, and (ii) use the information for the purposes relating to employing you, or considering your suitability for employment. Other than as stated the Referrer is under an obligation to preserve the confidentiality of the information you provide.

3.2 The information that the Referrer will ask you to provide, as discussed in clause 3.1, should enable the Hirer and Referrer to help ascertain your suitability for a Vacancy. The information required will include, but is not necessarily limited to, your identity, experience, qualifications, training and authorisations which a Hirer considers to be necessary, or are that are required by law or a professional body for you to work upon a Vacancy. You confirm that you understand that the information you provide will be sent to the Hirer and that if the Hirer is based outside the Australian Economic Area ('AEA') this will involve the transfer of your personal data outside of the AEA.

3.3 You will provide the Referrer, with the information detailed in clause 3.2, and any other information that a Referrer or a Hirer may reasonably seek to obtain, if you wish to be considered for a Vacancy.

3.4 In the event that you are engaged upon a Vacancy then you must advise the Referrer that you have been successful and confirm the band into which your basic base salary falls prior to the commencement of the Vacancy and by the very latest on the first day of work.

3.5 In the event that you are engaged upon a Vacancy then the Hirer will pay us a fee. We will pay a big proportion of the fee that we receive to the Referrer to thank them for proposing a Vacancy for you. You will not have to pay any fee to us, to the Hirer, or the Referrer; our service is entirely free of charge to you. You confirm that you are content to use our service upon this basis.

3.6 Whilst we have implemented appropriate technical and organisational measures to secure data, including the use of encryption, that is transferred to Our Website, you understand that we cannot guarantee the security of our systems and you acknowledge that we are not to be held liable for any loss, whether direct or indirect, arising from the interception of data, relating to you, by a third party.

3.7 At your request we shall delete any data relating to you from our files, save that when we have entered into a transaction with you, in respect of which it is conceivable that legal liabilities could arise, we reserve the right to archive such data until the expiry of legal liability in respect of matters to which the data relates. Notwithstanding the reservation of this right you confirm that your request for such data to be deleted is your waiver of any legal rights, to such extent as is deemed possible at law, in respect of any matters to which the data you have asked to be deleted may be relevant.

3.8 Our Website makes use of cookies. Cookies make it easier for us to log you onto Our Website and also enable us to monitor website traffic and personalise the content of the site for you. You understand that you may reject the use of cookies although this may mean that certain features of our site will no longer be available to you.

3.9 In the event that there is an actual or proposed: (i) joint venture between our business and another business, or (ii) a merger between our business and another business, or (iii) an acquisition of our business by another business, then your personal data (personal data is defined in the Data Protection Act 1998) may be transferred to another party as part of the process of considering the joint venture, merger or acquisition. Any such transfer of personal data will be made subject to express conditions of confidentiality. You acknowledge that where the party who is considering the merger, acquisition or joint venture is outside the AEA this may result in your personal data being transferred outside the AEA and you confirm that you give your consent to such transfer. You may withdraw, or limit, this consent at anytime by providing us with notice at legal@hoojano.com.au.

3.10 You understand that any data that you provide to us may be transferred outside the AEA and you specifically confirm that you agree to such transfer. You may withdraw, or limit, this consent at anytime by providing us with notice at legal@hoojano.com.au.

3.11 Information relating to you will not be transferred to a Hirer until such time as they have agreed to our Terms of Business and these terms include a requirement for them to preserve the confidentiality of any information that is provided to them relating to you.

3.12 We will not pass information concerning yourself to any third party without your consent and we will not permit a Referrer to transmit information concerning you, via ourselves, to a Hirer, until we have received your permission for this to occur.

3.13 You consent to our provision of information about any product or services that we may, from time to time, offer and you consent to the provision of such information by the medium of email. You can withdraw this consent at anytime, including now, by notifying us at legal@hoojano.com.au.

4. You Agree

4.1 You will inform the Referrer of any reason why you may be unsuitable for the Hirer's requirements, or if it is detrimental to the interests of the Hirer for you to take a Vacancy.

4.2 You warrant that the information you provide pursuant to clauses 3.2 and 3.3 is complete and accurate in all respects.

4.3 You acknowledge that the warranties in clause 4.2 are freely provided.

4.4 You consent to the disclosure of any information concerning yourself (including that provided by a third party) to any Hirer to whom you have been, or have agreed to be, introduced for a Vacancy.

4.5 Our provision of services is not conditional upon the consent detailed in clause 4.4; such consent may be limited or withdrawn at any time.

4.6 Notwithstanding clause 4.5 you acknowledge that the Hirer will require certain information in order to ascertain your suitability for a Vacancy and that a Referrer or ourselves may be required to provide certain information to the Hirer. You agree to indemnify us in respect of costs (on an indemnity basis) and damages awarded in respect of any claim that you bring against us relating to our provision of information to a Hirer, that we, acting in good faith, believe, or believed, to be potentially accurate.

4.7 If you are not aware of all of the Vacancy Details you will seek confirmation as to these from the Hirer, via the Referrer and Our Website, prior to commencing a Vacancy. Your commencement of a Vacancy is your warranty that you are aware of all the Vacancy Details and willing to undertake the work required. You acknowledge that we do not control the Referrer or the Hirer and we cannot be held liable for any act of negligence, fraud, or misrepresentation that they may commit.

4.8 You will not agree to a Vacancy upon which you are required to work away from home unless you are satisfied that: (i) suitable accommodation will be available for you before you start work, (ii) that you have been provided with the terms upon which the accommodation will be offered, and (iii) that suitable travel arrangements have been made for you to travel to such accommodation.

4.9 Upon the Referrers reasonable request you agree to provide the Referrer with: (i) copies of relevant qualifications and authorisations, (ii) details of two or more persons, who are not relatives of yours, from whom the Referrer may obtain references in respect of yourself; which the Referrer may disclose to a Hirer. For the purposes of this clause 'relative' has the same meaning as it is given in section 63 of the Family Law Act 1996.

4.10 Subject to clause 4.12, we are not liable to you for losses, direct or indirect, arising out of acts or omissions of the Referrer, ourselves, or the Hirer.

4.11 Notwithstanding clause 4.10, but subject to clause 4.12, our liability to you shall in any event be limited to $5,000.

4.12 Nothing in the Contract limits our liability for personal injury, death, fraud, or where the law otherwise prohibits such limitation.

4.13 You agree that we may assign our obligations under this agreement to an Agency.

4.14 You agree to notify HooJano of your Acceptance of any Offer of Engagement from a Hirer at your soonest reasonable opportunity

5. General Terms

5.1 Reference to the plural shall include the singular, and the masculine shall include the feminine and vice versa.

5.2 Clauses intended to have continuing effect shall bind the parties following termination of the Contract.

5.3 Each portion of the Contract, defined by numbering, punctuation, and/or sections is distinct and severable. To give effect to the Contract the court may modify any portion hereof that may otherwise be void; any void portion may be severed and the remaining provisions shall continue in force.

5.4 You understand that we may, in some circumstances and at our sole discretion, allow third parties to place links upon Our Website. You acknowledge that the provision of such links upon Our Website does not provide any endorsement by us of such websites or the products or services promoted upon them, nor is the provision of any link upon Our Website indicative of any particular business relationship with the party to whose website the link connects.

5.5 You are permitted to download materials from our website for your personal use only subject to the following restrictions: (i) your express acknowledgement that we retain the copyright in any material that you download, and (ii) you will not modify, publish, transmit or transfer any of the content of our website except in accordance with The Designs Patents & Copyright Act 1998.

5.6 You acknowledge that 'HooJano' and the logo(s) on Our Website are our property and may not be used by you except with the written, revocable, consent of a Director of ours.

5.7 You confirm that you are over the age of 18 years and have legal standing to enter into a contractual relationship.

5.8 The Contracts (Rights of Third Parties) Act 1999 specifically does apply to this Contract, for the benefit of the Referrer and the Hirer.

5.9 The Law of Australia governs this contract and the Australian Courts shall have non-exclusive jurisdiction.