Platform Terms of Use

Talent Marketplace Platform Terms of Use

Overview
1. EMPLORA owns and operates the website https://emplora.com.au/ and all its subdomains (“Site”) and provides the EMPLORA Talent Marketplace platform and application (“Services”).
2. These Terms of Use form a legally binding agreement between you and EMPLORA and govern your use of and access to the Site and Services. These Terms of Use shall be deemed to include all additional terms, conditions, guidelines, policies, instructions and notices that are referred to herein or otherwise published on the Site by EMPLORA from time to time, which are hereby incorporated by reference into these Terms of Use. Please read these Terms of Use (including the Talent Marketplace Platform Privacy Policy https://emplora.com.au/Platform-Terms-of-Use) carefully before accessing or using the Site and/or Services.
3. These Terms of Use apply to all users of the Site and Services, including job-seekers and employers, regardless of whether you have an Account (defined at Section 3 below).
4. If you are using the Site and Services and/or entering into this Agreement on behalf of a corporation, partnership, registered business, society, unincorporated association, or other business entity (“Business Entity”):
  1. the terms “you” and “your” in these Terms of Use shall mean you as an individual as well as the Business Entity, unless the context does not permit; and
  2. by using the Site and/or the Services, you hereby represent and warrant that you are duly authorised to act on behalf of the Business Entity, and that these Terms of Use are binding upon the Business Entity.
5. The Site and Services may be accessed and used only by individuals who can form legally binding agreements under applicable laws, who are 18 years of age or older, and who are legally permitted to access and use the Site and Services under applicable laws.
6. By using and/or accessing the Site and/or Services, you:
  1. agree to be legally bound by these Terms of Use; and
  2. represent and warrant that:
    1. you have the right, authority and capacity to enter into these Terms of Use on behalf of yourself and/or any person or entity you represent; and
    2. you are legally permitted to access and use the Site and Services under applicable laws.
7. PLEASE DO NOT USE OR ACCESS THE SITE AND/OR SERVICES IF YOU DO NOT AGREE TO ANY OF THESE TERMS OF USE.
Licence to Use the Site & Services
1. Subject to your compliance with these Terms of Use, EMPLORA hereby grants you a revocable, non-exclusive, non-assignable, non-sublicensable, and non-transferable licence to access and use the Site and Services, on the terms and conditions contained in these Terms of Use.
2. By using the Site and/or Services, you agree not to, and not to assist anyone else to:
  1. violate any relevant rule, law or regulation in connection with your access to or use of the Site and/or Services;
  2. use the Site or Services for any purpose other than the purposes for which they are provided by EMPLORA;
  3. reverse engineer, decompile, disassemble or otherwise attempt to discover the object code, source code or underlying ideas or algorithms of the Site and/or Services;
  4. deliberately interfere with or hamper the working and performance of the Site and/or Services, or the access of any user, host, or network, including without limitation, hacking, transmitting any virus, overloading, flooding, spamming, denial-of-service attacks, or tampering with any aspect of the Site and/or Services;
  5. use cheats, exploits, hacks, bots, mods or third party software designed to gain an advantage, perceived or actual, over other users, or modify or interfere with the Site and/or Services;
  6. use any automated system or software, including but not limited to spiders, robots, crawlers, scrapers, or similar data gathering and extraction tools, to access, acquire, copy, monitor, or harvest any data or content from the Site and/or Services;
  7. falsify information, impersonate others or otherwise misrepresent your relationship with or authority to represent any persons or entities;
  8. avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by EMPLORA or any of EMPLORA’s authorised representatives to protect the Site, Services, and/or intellectual property owned by EMPLORA, or attempt to do any of the foregoing;
  9. modify, translate, or create derivative works based on any element of the Site or Services;
  10. modify, reproduce, adapt, or publicly distribute any materials or content on this Site without EMPLORA’s prior written approval;
  11. collect, use, disclose or process personal data of other individuals on or through the Site or Services except in accordance with express and valid consent that you have obtained from such individuals or in accordance with Section 4 of our Talent Marketplace Platform Privacy Policy;
  12. send any spam, junk communication, or any other unsolicited messages through the Site and/or the Services;
  13. attempt to obtain unauthorised access to the Site and/or the Services.
3. By using the Site and/or Services, you agree that:
  1. any information and documentation you provide to EMPLORA is true, correct and complete, and you will immediately notify EMPLORA of any changes to such information;
  2. you will comply with all terms, conditions, guidelines, policies, instructions and notices pertaining to use of the Site and/or Services as issued in writing by EMPLORA from time to time;
  3. any breach of these Terms of Use may result in the suspension or termination of your Account (defined at Section 3 below) and right to use the Site or Services and possible legal action being taken against you; and
  4. subject to the provisions of the Australia Privacy Act 1988 and other applicable laws, EMPLORA has the right to utilise any files or data uploaded or submitted to the Site or through the Services in any way in accordance with EMPLORA’s Talent Marketplace Platform Privacy Policy.
Account
1. To use certain Services and functionalities of the Site, you must have a valid account (“Account”). The Account is non-transferable.
2. You are solely responsible for, and bear the risk of, all activities and communications carried out under or pursuant to your Account, whether or not such use is authorised by you. Any activities and communications carried out under or pursuant to your Account will be deemed to be carried out by you. EMPLORA will not be responsible for controlling or monitoring the use of your Account.
  1. To prevent any unauthorised use, you agree to take such actions as are necessary to maintain the security of your Account, including using a strong password, regularly changing your passwords, not re-using passwords across platforms, and keeping your password confidential.
  2. You agree that EMPLORA will not be liable for any loss, damage, liability, claims, demands, fees, costs and expenses (including legal and professional costs and expenses) suffered by you or any third party (collectively "Loss") arising as a result of or in connection with the unlawful, fraudulent or otherwise wrongful or unauthorised use of your Account.
3. If you are aware of or have a cause for suspicion regarding any unauthorised use of your Account, or theft, loss, or unauthorised disclosure of your Account’s log-in details, you must notify EMPLORA immediately at: mark@emplora.com.au. EMPLORA reserves the right to suspend your Account until the matter is resolved.
4. Any breach of these Terms of Use, including as a result of or in connection with unlawful, fraudulent or otherwise wrongful or unauthorised use of your Account, may result in immediate termination or suspension of your Account without prior notification.
Third Party Content
1. The Services may enable you to view, connect to, and/or download third-party websites, software, services and/or materials (“Third Party Content”). Such Third Party Content is not under EMPLORA’s control. EMPLORA is not responsible for any Third Party Content and does not monitor, endorse, warrant, approve of, provide any warranties or make any representations in respect of Third Party Content, including in respect of the accuracy, quality, functionality and security of third-party services and how such third parties process personal data. Your use of and access to Third Party Content will be subject to the terms, conditions and policies of the relevant third party and will be at your own risk. To the fullest extent permitted by applicable law, EMPLORA excludes all liability for any Loss arising as a result of or in connection with your use of or access to any Third Party Content.
2. The Services include the provision of a talent community and talent marketplace platform hosted, managed, and supported by Hired1st Pty Limited (“Hired1st”). EMPLORA is not a contractor, partner, or employee of Hired1st.
Security
1. EMPLORA will deploy reasonable security precautions intended to protect against unauthorised access to data stored by EMPLORA in connection with your use of the Site and Services. EMPLORA will exercise reasonable efforts to deploy corrections within the Site and Services for security breaches made known to EMPLORA. You must not circumvent or otherwise interfere with any user authentication or security of the Site and Services.
2. You acknowledge that, notwithstanding the security precautions deployed by EMPLORA, the use of, or connection to, the Internet provides the opportunity for unauthorised third parties to circumvent such precautions and illegally gain access to the Site and Services and your data. EMPLORA cannot and does not guarantee the privacy, security, integrity or authenticity of any information or data transmitted over or stored in any system connected to or accessible via the Internet or otherwise or that any such security precautions will be adequate or sufficient.
Amendments and Modifications
1. EMPLORA has absolute discretion to:
  1. make or permit its third party service providers to make upgrades, changes, alterations, enhancements, and/or modifications to the Site and/or Services, including the development of new features, designs, user interfaces, functions and capabilities, updates, patches, maintenance, upgrades and/or the procurement of new releases of any software;
  2. modify, change, update, or revise these Terms of Use;
  3. remove, discontinue, suspend, or terminate the whole or any portion of the Site or Services;
  4. impose restrictions on certain features or restrict your access to parts of or the entire Site or Services; and
  5. impose charges on your access to or use of the whole or any portion of the Site or Services, with your written agreement,
    
    at any time and for any reason (collectively, the “Changes”).
2. EMPLORA shall not be liable for any Loss arising as a result of or in connection with any loss of or interruption in your access to the Site and/or use of the Services due to any Changes.
3. Any amendments to these Terms of Use will apply and take effect when they are published on the Site. It is your responsibility to remain updated on any changes that may be made to the relevant Terms of Use. You will be asked to accept the amended Terms of Use and shall be deemed to have accepted the amended Terms of Use by your continued use of the Site and Services following any change to the Terms of Use. EMPLORA will not in any event be liable for any Loss resulting from any amendments to these Terms of Use.
4. EMPLORA shall be entitled to specify and update from time to time, the required configuration and specifications for hardware and software or the services of any third party service provider as it deems necessary or appropriate for your access and connectivity to the Site or the use of the Services, and you agree to comply with such initial and updated configurations and specifications at your own costs, failing which you may not be able to obtain access and connectivity to the Site and/or use the Services.
Specific Terms For Employers

Permitted Purposes

1. Users who use the Site and Services in their capacity as, or on behalf of, employers (“Employers”) must use the Site and Services and the data contained therein solely to:
  1. post information about job openings in their organisation;
  2. review information about Job Seekers (defined at Section 8.1 below) for the purpose of assessing their suitability for the Employer’s job openings; and
  3. contact Job Seekers for the purpose of assessing their suitability for the Employer’s job openings and hiring a suitable Job Seeker,
    and for no other purpose. Without prejudice to the generality of the foregoing, extracting, scraping, or otherwise retrieving data for purposes other than hiring a candidate for a job opening, including for analysis, data aggregation, or commercial exploitation, is prohibited.
1. Employers must not request or require a Job Seeker to communicate with them outside the Site or Services, and all communications up to employment must be done through the Site and Services. Any successful hire by an Employer of a Job Seeker it connected to or came to know of through the Site or Services must be reported to EMPLORA and the Employer must pay the necessary fees to EMPLORA as notified under Section 7.6 below.

Responsibility for Recruitment and Employment

1. Employers are fully responsible for making suitable job postings, assessing Job Seekers, and hiring their preferred Job Seeker in accordance with applicable laws.
2. EMPLORA is a platform provider that connects Employers and Job Seekers based on the information they have provided to EMPLORA. As such, it does not guarantee and takes no responsibility for the following:
  1. the success of Employers, including that Employers will be able to fill any or all job openings using the Services, that Job Seekers matched to the Employers will meet the Employers’ requirements or expectations, or the success of any hire;
  2. the veracity or accuracy of information, details, or any claims made by Job Seekers. In particular, EMPLORA does not conduct background checks, skill verification checks, or reference checks on Job Seekers, and Employers bear full responsibility for such checks;
  3. the legality of hiring any Job Seeker, including that the Job Seekers have or will be granted the necessary employment permits to work in the country that the Employer requires. Employers bear full responsibility for compliance with all applicable laws and regulations throughout the recruitment and hiring process and in their employment of Job Seekers;
  4. resolution of disputes between Employers and Job Seekers, each of whom are solely responsible for resolving their own disputes.

Employers’ Postings

1. Employers must ensure that all content that they post using the Site and/or Services contains only accurate, complete, and up-to-date information about the Employer and/or the relevant job opening and must not contain anything that is or could reasonably be considered offensive, abusive, inappropriate, unlawful, obscene, infringing, misleading, inaccurate, false or defamatory, or otherwise objectionable. In the event that an Employer breaches this section, EMPLORA reserves the right, in its sole discretion, to require the Employer to modify or remove any content, or to itself modify or remove such content, and to terminate or suspend the Employer’s use of the Site and/or Services.

Fees & Payment

1. The fees charged by EMPLORA for the use of the Services are non-refundable and the corresponding payment terms and due dates are as separately notified by EMPLORA to the Employer on the Site.
2. Each Employer hereby agrees to make all payments promptly when they are due to EMPLORA.
3. In the event that an Employer terminates a Job Seeker hired through the Services within 28 days of signing the employment agreement with that Job Seeker, the Employer may receive a Candidate Credit. Such Candidate Credit may be used solely to offset payments due to EMPLORA for hiring a replacement for the terminated Job Seeker through the Services and will be forfeited if not used within 28 days of its issue. Candidate Credit will be issued only once to each Employer for each terminated Job Seeker.
Specific Terms For Job Seekers

Permitted Purposes

1. Users who use the Site and Services in their capacity as, or on behalf of, job seekers (“Job Seekers”) must use the Site and Services and the data contained therein solely to:
  1. post and update their professional profile;
  2. review job openings posted by Employers (defined at Section 7.1 above); and
  3. communicate with Employers to assess the suitability of employment with the Employers,
    
    and for no other purpose. Without prejudice to the generality of the foregoing, extracting, scraping, or otherwise retrieving data for purposes other than seeking employment, including for analysis, data aggregation, or commercial exploitation, is prohibited.

Responsibility for Employment

1. Job Seekers are fully responsible for making suitable profile postings, assessing Employers, and securing employment in accordance with applicable laws.
2. EMPLORA is a platform provider that connects Employers and Job Seekers based on the information they have provided to EMPLORA. As such, it does not guarantee and takes no responsibility for the following:
  1. the success of Job Seekers, including that Job Seekers will be able to find suitable employment using the Services, that a Job Seeker’s profile has been highlighted to all potential Employers, or the success of any employment;
  2. the veracity or accuracy of information, details, or any claims made by Employers. In particular, EMPLORA does not guarantee that it will conduct verification or reference checks on Employers, and Job Seekers bear full responsibility for such checks;
  3. the Job Seeker’s ability to work in the country of preference, including that the Job Seeker will be granted the necessary employment permits to work in the country or for the relevant Employer. Job Seekers bear full responsibility for compliance with all applicable laws and regulations throughout their job search and employment;
  4. resolution of disputes between Employers and Job Seekers, each of whom are solely responsible for resolving their own disputes.

Job Seekers’ Postings

1. Job Seekers must ensure that all content that they post using the Site and/or Services contains only accurate, complete, and up-to-date information regarding their background, skills, experience, qualification, and availability, and must not contain anything that is or could reasonably be considered offensive, abusive, inappropriate, unlawful, obscene, infringing, misleading, inaccurate, false or defamatory, or otherwise objectionable. In the event that a Job Seeker breaches this section, EMPLORA reserves the right, in its sole discretion, to require the Job Seeker to modify or remove any content, or to itself modify or remove such content, and to terminate or suspend the Job Seeker’s use of the Site and/or Services.
Intellectual Property
1. All intellectual property rights embodied in or relating to or used in connection with the Site, the Services and all materials and works comprised in or relating thereto, including without limitation:
  1. all trade marks, service marks, logos, trade names, information, text, images, graphics, photos, links, materials, data, software, music, audio-visual content, and other materials, produced and/or procured by EMPLORA;
  2. HTML, WML, CGI scripts, JavaScript and/or all other forms of computer code employed in the design, creation and provision of the Site and Services, and all updates and derivative works thereto;
  3. all computer programs, modules, algorithms and/or tools relating to the Site and Services (including the source codes and the object codes, and all documentation, concepts, database, data and methodologies thereof);
  4. the graphical user interfaces relating to the Site and Services;
  5. the compilation, collection, arrangement and assembly of all data, information and content on the Site and Services;
  6. all other information and content made available on or through the Site and Services; and
  7. any other proprietary designations or materials used in association with the Site and/or the Services,

(collectively “EMPLORA Materials”), are the property of EMPLORA, its licensors and/or its affiliates (each an “Owner”) and are protected by intellectual property laws from unauthorised use, copying or dissemination. You agree and acknowledge that the use of the Site and the use of and access to any EMPLORA Materials does not grant or transfer to you any rights, title or interest in relation to the Site or any EMPLORA Materials.

1. You shall not in any way, without the prior written consent of the Owner:
  1. copy in whole or in part any EMPLORA Materials and/or the Site;
  2. sell any whole or part of the EMPLORA Materials and/or the Site to any third party;
  3. copy, reproduce, publish, modify, adapt, upload, post, transmit, distribute, commercially exploit, reverse engineer, disseminate, broadcast, or circulate any whole or part of the EMPLORA Materials, Services and/or the Site (whether as paid, exclusive, non-shareable content or otherwise); or
  4. breach any intellectual property rights arising from or in connection with the EMPLORA Materials, Services and/or the Site, including by altering or modifying any of the EMPLORA Materials, Services and/or the Site, causing any of the EMPLORA Materials, Services and/or the Site to be framed or embedded in another website or software, or creating derivative works from the EMPLORA Materials, Services and/or the Site.
2. You hereby:
  1. warrant that you are the sole owner of all rights, including intellectual property rights, in all content that you post, upload, submit, or provide to the Site and/or Services (“User Content”), or are otherwise fully entitled to grant the licence in the following sub-section 9.3.2; and
  2. grant EMPLORA a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, publish, publicly perform, communicate, adapt, modify, translate, transmit, distribute, and do any of the foregoing in relation to adaptations of, any and all User Content, on and through or in relation to the Site and/or Services.
Data Protection
1. EMPLORA will process personal data in accordance with all applicable laws and our Talent Marketplace Platform Privacy Policy. EMPLORA will, and contractually requires Hired1st to, keep such information and personal data confidential and not use them for any purpose other than the provision of the Site and Services.
Indemnity
1. By using the Site and/or Services, you agree to indemnify, hold harmless, and defend EMPLORA, its affiliates, officers, directors, employees and agents, to the fullest extent permitted by applicable law, from and against any and all Loss incurred, arising out of or relating to:
  1. your access to, reliance on, and/or use of the Site, Services, and/or EMPLORA Materials;
  2. any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms of Use;
  3. any actual or alleged violation of any third party right, including without limitation any intellectual property or data protection right;
  4. your failure to comply with any applicable laws and regulations in connection with your use of the Site, Services, and/or EMPLORA Materials;
  5. any claim that your use of the Site and/or Services caused loss, damage, injury or death to a third party; and/or
  6. any other liabilities incurred through your use of the Site and/or Services.
2. The above indemnification obligation will survive the expiry or termination of these Terms of Use and your use of the Site and/or Services.
3. You acknowledge that these indemnification obligations are reasonable and necessary to enable us to provide the Site and Services to you at the prices that we do.
Disclaimer of Warranties
1. To the fullest extent permitted by applicable law, EMPLORA, its affiliates, licensors, directors, officers, agents, and employees, expressly disclaim all warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, non-infringement, accuracy, and freedom from computer virus or other malicious, destructive or corrupting code, agent, program or macros.
2. EMPLORA will use reasonable efforts to keep the Site and Services operational. However, you acknowledge and agree that there will be circumstances that may, from time to time, result in temporary interruptions or downtime, errors, or unavailability or limited availability of the Site and/or Services, including but not limited to routine or emergency support or maintenance, updates, upgrades or other development activity, and technical malfunctions of underlying software, equipment, services or infrastructure.
3. EMPLORA does not warrant uninterrupted use, operation, or availability of the Site, Services and/or any EMPLORA Materials, or that your use of the Site and Services will be secure, timely, bug-free or error-free, free of viruses or other harmful components, or that any submission or transaction request you attempt using the Site or Services will be successful, uncorrupted, or completed within a reasonable amount of time or meet any performance or reliability standards. You will be solely responsible for any delay or loss of any kind that results from your access to or use of the Services, the Site and/or the EMPLORA Materials.
4. EMPLORA does not warrant, endorse, guarantee or assume responsibility for any third party information, materials, content, or any other product or service produced or provided by a third party.
5. No advice or information, whether oral or written, obtained by you from EMPLORA through or from the Services, will create any warranty regarding the Services that is not expressly stated in this Agreement.
6. You acknowledge and agree that:
  1. your use of the Site and/or the Services, including, without limitation, your use of any EMPLORA Materials or intellectual property owned by EMPLORA, is at your sole risk;
  2. the Site, Services, and all EMPLORA Materials are provided on an "as is" and "as available" basis;
  3. EMPLORA endeavours to ensure, but does not guarantee, that the content displayed on the Site or through the Services will be accurate and up-to-date, and as such is not liable for any Loss suffered arising out of or due to your reliance on any information provided on the Site or through the Services;
  4. EMPLORA endeavours to ensure, but will not be able to ascertain, the quality or reliability of all materials and information posted on the Site or through the Services, and as such is not liable for any Loss suffered arising out of or due to any errors or inaccuracies on the Site or the Services;
  5. EMPLORA is not liable for any viruses, spyware, defects, errors, or malfunctions to computers that arise out of your usage of or access to the Site or Services;
  6. EMPLORA is not liable for any reliance on any information, opinions or views expressed by EMPLORA on the Site or through the Services;
  7. there may be occasional errors in the use of the Site and the Services, and EMPLORA is not liable for any Loss to you that may arise as a result of those errors; and
  8. the above disclaimers and limitations are required for EMPLORA to provide you and other users with the full and complete Services requested and to enable the Services to be provided to you.
Termination
1. EMPLORA reserves the right to cancel, terminate, and/or suspend your access to and use of the Site, Services, and/or your Account at any time at its sole and absolute discretion without notice or justification, and/or terminate these Terms of Use, including without limitation in the event of unauthorised or suspected unauthorised use of the Site and/or the Services, whether in contravention of these Terms of Use or otherwise.
2. Any suspension, termination or other action by EMPLORA set out in these Terms of Use will not limit any other remedies EMPLORA may have against you at law or equity.
Effect of Termination
1. Upon termination of these Terms of Use, the Services, or your Account, for any reason:
  1. you will lose all access to your Account, and to any content, materials or information relating to it. Subject to applicable data protection and privacy laws, EMPLORA will have no obligation to maintain any information stored in its database related to your Account, or to forward any information to you or any third party;
  2. EMPLORA will have no further obligation to provide the Services, and all licences and other rights granted to you under these Terms of Use will immediately cease. EMPLORA will not be liable to you or to any third party for such termination and cessation; and
  3. all accrued and outstanding amounts due from you to EMPLORA shall immediately become due and payable.
2. Any suspension, termination or cancellation of these Terms of Use, the Site, Services, and/or your Account will not affect any of your obligations to EMPLORA under these Terms of Use which by their meaning and context are intended to survive such suspension, termination or cancellation.
Limitation of Liability
1. Subject to Section 15.3 and to the fullest extent permitted under applicable law, under no circumstances shall EMPLORA be liable for:
  1. any indirect, incidental, special, consequential, or exemplary Loss or damages, including, without limitation, damages for loss of profits, business, revenue, goodwill, anticipated savings, use, data, or other intangible losses (even if EMPLORA has been advised of the possibility of such loss or damages), whatsoever or howsoever caused arising directly or indirectly in connection with or arising out of these Terms of Use and/or your use of and/or access to the Site and/or Services; or
  2. any direct Losses:
    1. resulting from your access to or use of, or your inability to access or use, the Site, Services or any EMPLORA Materials;
    2. resulting from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance whether or not caused by events beyond EMPLORA’s reasonable control, including but not limited to acts of God, communications failure, global positioning failure, theft, destruction, or unauthorised access to EMPLORA’s records, programs, or services;
    3. resulting from any act or omission of a third party; or
    4. which may arise as a result of or in connection with any error, interruption, delay, failure or other technical breakdown or problem whatsoever and however caused of third party equipment, third party software, third party firmware, or any other equipment, software, firmware or service of EMPLORA's third party service providers or agents, including any platform or facilities of such third parties, credit card or other payment method companies, banks and/or other third party providers (including without any limitation, telecommunication problems, power supply problems, Internet-related problems, problems with accessing, viewing, or hosting the Site, third party websites, problems with computer systems and information systems, third party problems, payment gateway problems, problems with FTP, POP, IMAP, SMTP, acts and omissions of customers and third parties) or caused by any emergency measure which may be taken by EMPLORA in the event of any such failure.
2. In the event that EMPLORA is held to be liable to you notwithstanding Section 15.1, EMPLORA’s liability to you under or in relation to these Terms of Use or the performance of EMPLORA’s obligations hereunder, for any and all causes of action in relation to the Site, Services, any EMPLORA Materials, and these Terms of Use, shall not in any event exceed the total amount of fees and charges paid by you to EMPLORA for your use of the EMPLORA Talent Marketplace platform.
3. EMPLORA hereby excludes all liability for any user’s breach of these Terms of Use and/or non-compliance with applicable laws.
4. Nothing in these Terms of Use shall limit or exclude any liability for death or personal injury caused by EMPLORA’s negligence.
General
1. Notices
  1. Any notice, demand or other communication sent by EMPLORA shall be sent to the email address and/or physical address notified by you, and you shall be responsible for ensuring that the addresses provided are correct and current.
  2. Any notice, demand or other communication sent by EMPLORA shall be deemed to have been received by you:
    1. if personally delivered or delivered by courier or registered post, at the time of delivery;
    2. if sent by ordinary post, two business days (being business days in the jurisdiction of receipt) after the date of posting;
    3. if by email, upon completion of transmission directed to the email address notified by you, unless EMPLORA receives a non-delivery or error message indicating that the email was not successfully sent to the recipient’s mailbox or mail server.
2. Entire Agreement

These Terms of Use constitute the entire agreement between you and EMPLORA in relation to your access to and use of the Site and Services, and supersede any prior agreements, undertakings, representations, and warranties in relation to the same subject matter, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of these Terms of Use in any written or oral communication from you to EMPLORA are void unless agreed to in writing by EMPLORA. You agree and accept that you have not accepted the Terms of Use in reliance on any oral or written representations made by EMPLORA which are not contained in these Terms.

1. Relationship of Parties

Nothing in these Terms of Use constitutes any relationship of employer and employee, principal and agent, or partnership between EMPLORA and any user.

1. Illegality & Waiver
  1. If any provision of these Terms of Use is agreed by EMPLORA or held by any competent authority to be illegal, void or unenforceable under any law that is applicable hereto, these Terms of Use shall continue in force save that such provision shall be deemed to be excised herefrom with effect from the date of such agreement or decision or such earlier date as the parties may agree.
  2. No failure or delay or partial exercise by EMPLORA in exercising its rights, power or remedies under these Terms of Use shall operate as a waiver of that or any other right, power or remedy unless EMPLORA has waived its rights, powers or remedies in writing.
  3. No waiver of EMPLORA’s rights, powers or remedies in respect of a breach of these Terms of Use by you shall be:
    1. effective unless made in writing and signed by EMPLORA;
    2. deemed to be a waiver of any subsequent breach of that or any other provision of these Terms of Use.
2. Governing Law & Jurisdiction
  1. These Terms of Use will be governed by and construed in accordance with Australian law.
  2. Any dispute, controversy or claim arising out of or in connection with these Terms of Use, including any question regarding its existence, validity, breach or termination, shall be referred to and finally resolved by arbitration in Australia. In accordance with local rules
3. Rights of Third Parties
  1. A person or entity who is not a party to these Terms of Use shall have no right under the Contracts (Rights of Third Parties) Act 2001 to enforce any of these Terms of Use, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.

Version 1 effective as of 3^rd July 2025

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