General Terms & Conditions

1.1Employer League provides employer grading, ranking and certification information (in print and electronic form) as well as a platform for Partners and other persons, businesses or companies ("Advertisers") to promote their organisations to candidates researching employers.

1.2Users can access the Employer League Platform without registering. Users can also create an account with Employer League when they validly complete a registration form or link their social media account on the Employer League Platform, or through logging into a third party website which uses the Employer League Platform ("User Account"). A User Account may be required to access certain features of the platform.

1.3Employer League accepts no liability for any aspect of the interactions between Users, including those between candidates and Partners or Advertisers. Employer League has no obligation to any User to assist in any way in any dispute between that User and any other person.

1.4All information related to an employer profile or advertisement is supplied by the relevant Partner or Advertiser. Employer League does not undertake any responsibility to review, approve or verify any information provided by a User prior to publication on the Employer League Platform, except where it forms part of the grading protocol.

1.5You expressly agree that Employer League has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users, including all Advertisers, Partners and candidates.

1.6Employer League makes no representation or warranty that:

• any material on the Employer League Platform will be relevant, accurate, reliable or complete, nor does Employer League accept any responsibility arising in any way for errors in, or omissions from, that material, even if those errors or omissions occur on account of Employer League's negligence or default; or

• Your access to the Employer League Platform will be timely, secure or uninterrupted.

1.7Your use of, or reliance upon, the material on the Employer League Platform is entirely at Your own risk. Users agree to confirm and verify any material directly with the relevant Partner, Advertiser or employer before acting on the information.

1.8The Employer League Platform contains contact details for various Partners and Advertisers. In placing these contact details on the Employer League Platform, Employer League does not represent that these details are relevant, current or accurate.

1.9Any third party name, contact details, hyperlink or trade mark depicted on the Employer League Platform is for information purposes only and is not intended, and nor shall it be, an endorsement or recommendation by or on the part of Employer League of any person, product or service.

1.10You agree to indemnify, defend and hold harmless us and our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable solicitor's fees, arising from or in connection with Your breach of these Terms & Conditions.

2.1If You are under 16 years of age, You do not qualify to use the Employer League Services and You must not create a User Account or otherwise use the Employer League Services. By creating an account and using the Employer League Services You form a legally binding contract with Employer League under applicable law.

2.2You may register an account either directly or via Your supported social media credentials, provided such registration does not breach the terms and conditions of use of that social media platform.

2.3You must not establish more than one Employer League account.

2.4While You are registered with Employer League You must maintain control of Your Employer League account. You may not deal with Your account, including reviews and associated user ID, in any way, including by allowing others to use Your account or by transferring or selling the account or any of its content to another person.

2.5In its absolute discretion, Employer League may refuse to allow any person to register or create an account with Employer League or cancel or suspend any existing account at any time.

2.6Account names must not be misleading or deceptive, offensive, or in violation of any law or third party rights.

3.1You warrant and agree that at all times:

• You will comply with this Agreement and all applicable laws and regulations;

• You will post only accurate information on the Employer League Platform;

• You will promptly and efficiently perform all Your obligations to other Employer League Users;

• You will not use any information or content on the Employer League Platform, whether provided by Employer League, a User, or otherwise, for any business purposes without Employer League's prior permission;

• You will ensure that You are aware of any laws that apply to You in using the Employer League Platform;

• You have all right, title, and interest to any content You transmit to or via the Employer League Platform, including but not limited to any consent, authorisation, release, clearance or licence from any third party necessary for You to provide, post, upload, input or submit that content.

3.2You must not use the Employer League Platform for any illegal or unlawful purpose or in such a manner as to cause loss or damage, including reputational damage, to Employer League. Your use of the Employer League Platform must not, in any way whatsoever, be potentially or actually harmful to Employer League or any other person.

3.3Without limiting any provision of this Agreement, any information You supply to Employer League or publish on the Employer League Platform must be up to date and kept up to date and must not:

• be false, inaccurate, misleading or deceptive;

• be fraudulent or involve illegal conduct;

• infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;

• violate any applicable law, statute, ordinance or regulation;

• be defamatory, libellous, threatening or harassing;

• be obscene or contain any material that, in Employer League's sole and absolute discretion, is in any way inappropriate or unlawful;

• advertise for goods and services or solicit funds; or

• contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of the Employer League Platform, including but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information.

4.1"Intellectual Property" means anything which is or can be the subject of intellectual property rights including any:

1. a.

   work or sound recording as defined in the Copyright Act 1968 (Cth);

2. b.

   trade mark as defined in the Designs Act 2003 (Cth), whether registrable or not;

3. c.

   invention as defined in the Patents Act 1990 (Cth), whether patentable or not;

4. d.

   trade secrets, know how or other information protected by law, and in each case, whether registered or unregistered, and including all applications and rights to apply for, and renewals or extensions of such rights and all rights of action for infringement of such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world and any improvements and/or modifications to such rights.

4.2When You publish or transmit any material on or through the Employer League Platform, You warrant that the material is owned by You and You grant Employer League an unrestricted irrevocable, non-exclusive, royalty-free, transferable, perpetual, and worldwide licence to use, reproduce, modify, adapt and sub-license Your Intellectual Property for the purpose of including that material and information on the Employer League Platform and as otherwise may be required to provide the Employer League Services, for the general promotion of the Employer League Services and as permitted by these Terms & Conditions.

4.3Employer League is the owner or the licensee of all Intellectual Property rights in the Employer League Platform and in the material published thereon, excluding material published by a Partner ("Content"). Any articles, videos, images or other content which has been developed by the Partner independently of Employer League and loaded onto the Employer League Platform, and the navigational elements, trade names, trademarks, and/or other visual representations, including logos, designs, symbols and images, or other indicia of ownership owned or used by the Partner ("Partner Content") is managed in accordance with the Partner General Terms.

4.4You acknowledge that all Intellectual Property rights in the Content anywhere in the world belong to Employer League. You acknowledge that all Intellectual Property rights in the Partner Content are owned or licenced by the Partner.

4.5You irrevocably, voluntarily and unconditionally consent to all or any acts or omissions by Employer League, or persons authorised by Employer League, concerning any and all of the moral rights made or to be made by You in relation to content You upload or otherwise place on the Employer League Platform which would otherwise infringe Your moral rights.

5.1Employer League grants You a non-exclusive licence to access and use the Content owned by, but not licensed to, Employer League for Your personal purposes. You acknowledge that rights in the Content are licensed, and not sold, to You, and that You have no rights in, or to, the Content other than the right to use the Content in accordance with these Terms & Conditions.

5.2You must not use, modify, reproduce, distribute, deal with, assign, sub-license, compile or adapt any Content or Partner Content for any purpose other than as set out in these Terms & Conditions.

6.1Employer League may at its discretion include tools to help Users verify the identity or bona fides of other Users, or to verify the authenticity of employer reviews submitted to the platform ("Identity Verification Services"). These Identity Verification Services may include mobile phone verification technology, algorithms, verification of information, and integration with social networking sites such as LinkedIn.

6.2You agree that Identity Verification Services may not be accurate as they are dependent on User-supplied information, and that Employer League makes no warranty as to the accuracy of the Identity Verification Services. Identity Verification Services are provided for the purposes of maintaining the integrity of the grading protocol and are not recommendations by Employer League.

6.3The Identity Verification Services may be modified at any time.

7.1Registering and creating a basic User Account with Employer League is free. There is no charge for a candidate to access employer grades, rankings or reviews on the Employer League Platform.

7.2If you become a User and set up a Partner account, the fees payable by that Partner are managed in accordance with the Partner General Terms.

8.1Employer League may from time to time include on the Employer League Platform promotions for and links to services offered by third parties ("Third Party Services"). These Third Party Services are not provided by Employer League.

8.2Third Party Services are offered to You pursuant to terms and conditions offered by the third party. Third Party Services may be promoted on the Employer League Platform as a convenience to our Users who may find the Third Party Services of interest or use.

8.3If You engage with any Third Party Service provider Your agreement will be directly between You and that Third Party Service provider.

8.4Employer League makes no representation or warranty as to the Third Party Services.

9.1Except for liability in relation to breach of any implied condition, warranty or guarantee, including under the Competition and Consumer Act 2010 (Cth), the exclusion of which from a contract would contravene any statute or cause any part of the agreement between Employer League and any User to be void ("Non-excludable Term"), to the extent permitted by law Employer League specifically disclaims all liability for any loss or damage, actual, special, direct, indirect and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any use of the Employer League Platform or Employer League Services.

9.2Except for liability in relation to a breach of any Non-excludable Term, Employer League's liability to any User of this service is limited to the higher of $100 and the total amount of fees paid by that User to Employer League during the twelve month period prior to any incident causing liability of Employer League.

9.3Employer League's liability to You for a breach of any Non-excludable Term, other than a Non-excludable Term that by law cannot be limited, is limited, at our option, to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again services in respect of which the breach occurred.

9.4Your right to bring an action against Employer League in relation to any alleged contravention by Employer League of section 18 of the Australian Consumer Law, or equivalent State or Territory legislation, is modified such that You can only make such a claim if You have issued notice of the claim and legal proceedings within 60 days after the right to bring such an action arose. You are barred from bringing any such action and waive any rights to bring any such action after that time. These provisions may be pleaded by Employer League as a bar to any claim in breach of these Terms & Conditions and you indemnify Employer League against all costs, expenses and liabilities arising as a result of your actions in breach of these Terms & Conditions. Users in other jurisdictions may have equivalent rights under their local consumer protection laws, which these Terms & Conditions do not seek to exclude.

10.1Employer League's Privacy Policy, available at [INSERT URL], applies to all Users and forms part of this Agreement. Use of the Employer League Platform confirms that You consent to, and authorise, the collection, use and disclosure of Your personal information in accordance with Employer League's Privacy Policy.

10.2Third parties, including Partners or Advertisers, will provide their services pursuant to their own privacy policy. Prior to providing any information to, or accepting any service from a third party, You must review and agree to their terms of service including their privacy policy.

10.3You acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information You send using the Employer League Platform or Employer League Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

10.4Employer League will ask for Your explicit consent when You are subject to a decision using solely automated processing, including profiling, producing legal effects concerning You or similarly significantly affecting You. In obtaining your consent, Employer League will provide You with information about the logic involved, as well as the significance and envisaged consequences of such processing for You. You have the right to obtain human intervention on the part of Employer League, to express Your point of view and to contest a decision made by automated processing. Employer League will not use automated processing for any of Your data about Your racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, or data concerning health or data concerning Your sex life or sexual orientation, unless Employer League asks for your explicit consent and provides You with a specific purpose.

10.5Employer League informs You, and You acknowledge that You have been informed, that Employer League may provide information to a third party for the purpose of providing You the Employer League Services. Third party receivers include but are not limited to Partners or Advertisers on the Employer League Platform. The countries in which the third party receivers are located may have different data protection standards. You acknowledge that You have the chance to object but by agreeing to these Terms & Conditions You do not object to this third party receipt of your personal data in accordance with this clause.

Except for liability in relation to any Non-excludable Term, the Employer League Platform and Employer League Services are provided on an "as is" basis and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. This includes but is not restricted to loss or damage You might suffer as a result of any of the following:

1. a.

   failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

2. b.

   the accuracy, suitability or currency of any information on the Employer League Platform, the Employer League Services, or any related products, including third party material and advertisements on the Employer League Platform;

3. c.

   costs incurred as a result of You using the Employer League Platform or the Employer League Services; and

4. d.

   the services or operation in respect to hyperlinks which are provided for Your convenience.

12.1Employer League may vary these Terms & Conditions from time to time. Employer League will notify You of variations by sending a message to Your User Account, Your email address held on file, or by alerting you to the information on the Employer League website when you sign in.

12.2Except as stated in these Terms & Conditions, or as otherwise notified to You, all amended terms will automatically be effective 14 days after they are initially notified to You. Each time You use the Employer League Platform in any manner after the expiry of that 14-day period, You acknowledge any changes to these Terms & Conditions and confirm Your agreement to be bound by these Terms & Conditions as they may have been varied.

12.3If You do not agree with any changes to these Terms & Conditions, You must terminate Your Employer League account and stop using the Employer League Services. Except as specifically described in or authorised by these Terms & Conditions, these Terms & Conditions cannot be amended except in writing signed by You and Employer League.

13.1No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular, You have no authority to bind Employer League, its related entities or affiliates in any way whatsoever. Employer League confirms that all third party services that may be promoted on the Employer League Services are provided solely by such third parties. To the extent permitted by law, Employer League specifically disclaims all liability for any loss or damage incurred by You in any manner due to the performance or non-performance of such third party service.

13.2Without limiting clause 13.1, each Partner and Advertiser is an independent contractor and no agency, partnership, joint venture, employee-employer or other similar relationship is created by these Terms & Conditions.

14.1You agree to indemnify, defend and hold harmless us and our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable solicitor's fees, resulting from any violation of these Terms & Conditions, including but without limitation breaches of Your obligations under these Terms & Conditions, or any activity related to Your User Account, including infringement of third parties' intellectual property rights anywhere in the world or negligent or wrongful conduct, by You or any other person accessing the Employer League Platform using Your User Account.

15.1Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to Employer League's contact address as displayed on the Employer League Platform, or to Your contact address as provided at registration. Any notice shall be deemed given:

1. a.

   if sent by email, 24 hours after the email is sent, unless the sender is notified that the email address is invalid or the email is undeliverable; and

2. b.

   if sent by pre-paid post, three Business Days after the date of posting, or on the seventh Business Day after the date of posting if sent to or posted from outside Australia. In this section, "Business Day" means a day on which banks are open for general business in Sydney, New South Wales, other than a Saturday, Sunday or public holiday.

3. c.

   Notices related to performance of any Third Party Service must be delivered to such third party as set out in that Third Party Service provider's terms and conditions.

16.1You must resolve disputes with other Users directly. You acknowledge and agree that Employer League may, in its absolute discretion, provide such of Your information as it decides to other parties involved in the dispute.

16.2If You have a complaint about the Employer League Services please contact us at [email protected]. We will respond within 30 days. If we are unable to resolve your complaint to your satisfaction, you may seek assistance from the relevant consumer protection authority or dispute resolution body in your jurisdiction.

16.3If Employer League provides information of other Employer League Users to You for the purposes of resolving disputes under this clause, You acknowledge and agree that such information will be used only for the purpose of resolving the dispute and that You will indemnify Employer League against any claims relating to any other use of information not permitted by these Terms & Conditions.

17.1Subject to the Partner General Terms, if applicable, either party may terminate an account and their agreement pursuant to these Terms & Conditions at any time for any reason.

17.2Termination of that agreement does not affect any agreement that has been formed between Employer League Users.

17.3Clauses 3, 5.2, 9, 11, 14, 15, 16, 18 and 19 and any other terms which by their nature should continue to apply will survive any termination or expiration of this Agreement.

18.1This Agreement is governed by the laws of New South Wales, Australia. You and Employer League submit to the exclusive jurisdiction of the courts of that State, unless otherwise agreed in writing between the parties.

18.2The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.

18.3This Agreement may be assigned or novated by Employer League to a third party without Your consent. In the event of an assignment or novation You will remain bound by this Agreement.

18.4This Agreement sets out the entire understanding and agreement between You and Employer League with respect to its subject matter.

19.1Partner means the party identified in the relevant registration, who may also manage the access of third-party users to the Employer League Platform or to whom Employer League makes available a white-labelled version of the Employer League Platform.

19.2Partner General Terms means the Employer League Partner General Terms available at www.employerleague.com/partner-terms.

19.3Employer League (we or us) means Employer League Inc..