Terms & Conditions

THE OUTSOURCE PLACE

(Effective: 13 September 2024)

To the fullest extent legally permissible these terms apply to all users of the Website and all dealings between a Job Seeker or Employer and JOHN CSAKI t/a THE OUTSOURCE PLACE (ABN 50 933 048 651) (and/or any related and/or associated companies, trusts and/or other entities and/or any successors and/or assigns) whether trading as “THE OUTSOURCE PLACE” and/or otherwise relating to any goods and/or services (the “Goods” and/or the “Services”) are subject to the following terms and conditions (“Terms”) unless otherwise expressly agreed in writing.

1. General

1.1 These Terms along with the other documents referred to below will form an Agreement between the parties comprised of the following parts:

(a) these Terms (as amended by Us from time to time);

(b) any electronic application form for the Services available on our Website;

(c) any other document provided by us expressed to form part of an Agreement in any approved form.

1.2 Definitions

In these Terms the following definitions apply:

Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth);

Content means any words, images, material, links, stories, resumes or other information submitted by a User of our Website;

Job means any job, including any casual, part time, full time employment, or contracting for an Employer;

Job Seeker means any natural person seeking employment or career-matching related assistance lodging an application form by our Website who is lawfully able to work in Australia including Australian citizens, permanent residents, overseas students and any other person under acceptable visa status;

Job Seeker Materials means text, audio, editorial content, listings, information, photographs, videos, any combination of these and other material that the Client upload and submits to the Website.

Job Vacancy means a vacancy as submitted to us by an Employer;

Employer means any entity, company, business or organisation including a government agency lodging a Job Vacancy and seeking job candidates or human resource workforce solutions;

Fee means the fees and charges payable by You for the Services under this Agreement.

Force Majeure means an event or circumstance beyond the reasonable control of a party (without fault or negligence of that party) including: (a) acts of God, lightning strikes, earthquakes, floods, storms, explosions, fires and natural disasters; (b) acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution; strikes and industrial disputes; Internet outage, power, water, telecommunications or other utility shortage; and (c) valid laws, rules, regulations, orders or decrees of the Commonwealth or State Government or of any local government or of any statutory authority.

GST is defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth);

Resume means any formal document that a Job Seeker provides to itemize their work experience, educational background, skills and qualifications for a position.

Services means a website service where we provide information to assist Job Seekers, and where we match Job Seekers with Job Vacancies that have been lodged by Employers;

“We”, “our” and “us” means John Csaki t/a ‘The Outsource Place’ including any employees, contractors or affiliates;

Website means www.theoutsourceplace.com.au;

“You” and “User” means the individual or business using our Services and by doing so, agree to these Terms.

2. Job Seeker Services – Process

The process for the provision of our Job Seeker services:

1) You lodge an application form via the Website with us to register your status and interest as a Job Seeker and to use our Services. Lodging an application form and using our Services as a Job Seeker is subject to a flat fee of $35.00 excluding GST and other charges. All other applicable fees are set out under Schedule 1.

2) All Job Seekers must provide the following minimal information including: name, street address, email address and phone number. Job seekers must also provide various other information including, but not limited to:

a. date and country of birth, Australian citizen or permanent residence status, languages spoken and any other relevant information as required;

b. a list of skills, experience, capacities, certificates, licences and any other qualifications as required

c. previous job history including referees if requested;

d. sensitive information (only if required) such as criminal history, health information, racial or ethnic background, need for an interpreter or disability, injury or illness. (For further information on how we deal with this information, see our Privacy Policy.)

3) Job Seekers must also provide (only where required) a National Police Certificate and a Working with Children certificate and any other stipulated qualification as advertised by the employer.

4) We will then share this information with relevant employer entities and businesses including government departments, to assess your eligibility.

5) Employers lodge Job Vacancies with us. We assess their information and eligibility. If you are an Employer, please refer to Employer Terms below.

6) We then match Job Vacancies with Job Seekers for an initial period of up to 28 days. If the 28 days expires then we may request renewal for another 28 days from a Job Seeker, in with a view to securing a position within the second payment period.

7) We also offer Resume refurbishment and improvement services for valid Job Seekers. We attempt to quantify the success of the changes by running word cloud queries to see improvements on the before and after Resume results. We do not guarantee or otherwise covenant to our Job Seekers that the result of the Resume Services we provide is complete and inclusive of all the requirements to be successfully appointed to a position. For a re-work of Resumes we charge a flat fee rate of $35.00 excluding GST and other charges..

3. Work Rights

If you do not have the right to work in Australia then we are unable to provide you with our Services.

4. General Job Seeker User Agreement

To be eligible to use our Services, you agree to the below terms.

4.1 You warrant that:

a) You are 18 years of age or older and able to form a legal binding contract;

b) You will not use our Website, or Services for any illicit, unlawful, fraudulent, inappropriate, offensive or otherwise illegal activities;

c) The information you post, provide on and through the Website is true correct, and up to date and not false or misleading;

d) You will only interact and communicate with Employers through us, until we consent to you contacting them directly;

e) You have all relevant certifications, licences and experience to support your claims in any application lodged with us.

4.2 If you agree to a Job Vacancy, you warrant:

a) You are legally and professionally qualified, have the relevant skills, experience and are competent to perform the agreed Job;

b) You will perform the Job to the best of your ability with due care and skill and to a reasonable standard for someone in your industry with your level of qualifications and experience;

c) That in performing the Job you will comply with all laws, regulations, by-laws, industry standards and any other requirements of any government, council or other authority.

4.3 You acknowledge and agree that:

a) We are only a facilitator only for the purposes of permitting matching Job Seekers with Job Vacancies;

b) We cannot guarantee that we will find you an appropriate Job or Employer;

c) Subject to applicable law including the Australian Consumer Law, you may also be eligible for a partial refund of any Job search Fees paid to us, this needs to be requested within 7 days from payment and will be at our discretion.

d) We are not responsible for, nor affiliated with any particular Employer beyond providing the Services;

e) You need to make all your own enquiries and do your own due diligence about any Employer. You need to independently verify any Job and make your own assessment of the suitability of a Job for you. We do not do any background or other checks on any Employer. We are in no way be responsible for any interaction, experience or meeting with an Employer or other arrangement and you engage in any Job and use our Services entirely at your own risk;

f) We are not responsible in assisting Job Seekers with visa or visa conditions or any individual’s rights to work in Australia or expiry of same;

g) You permit us to do any background and reference checks on you as we require; and any Jobs agreed to be performed is your contractual relationship with the Employer. Any disputes, issues, dealings and complaints are to be dealt with directly and we are not to be involved. You agree to indemnify us for any claim which may result directly or indirectly from your action or inaction.

4.4 You further acknowledge and agree that:

a) By submitting any Content to the Website, you represent that you have the ownership rights and title to this information and material. You also represent that you are not breaching any regulations, restrictions or third party rights in doing so.

b) By using this Website, you authorise us to use, reuse and to grant others the right to use and re-use your content and any reproduction or similar in any form of media or technology for any purpose related to the Website.

c) We grant you a non-exclusive, royalty free, revocable licence to share Content from our Website on your social media platform on the condition that you will do so in good faith, keeping the integrity of the information, and attributing the Content to us.

d) The Website uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage; and you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the Website.

e) You agree to notify us soon as reasonably possible when you are successful in obtaining a Job position so that we can remove you from our Job Vacancy processes.

4.5 We make no warranty that the Website services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will use our best endeavours to ensure the Website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will notify you if the Website becomes unavailable for any lengthy and unusual time period.

5. Employer Services - Process

The process for use of our Website by Employers:

1) You lodge a form with us to register your Job Vacancy. Lodging a form and using our Services as an Employer is free.

2) The Job Vacancy must indicate a job description, remuneration, location, and type of employment – casual/ part time full time or contract.

3) The Job Vacancy must indicate if materials and equipment are provided for the job.

4) Job Seekers provide various information to us, including their skills, experience, capacities licences, certificates and other qualifications with us. We assess their information, and eligibility.

5) We then match Job Seekers with Job Vacancies.

6) We offer a “Boost” service for Employers’ job and vacancy advertisements in suitable forums which can include any of the following forums these include job boards, internet websites, LinkedIn, and social media and alike. We do not advertise in the print media. The fee for this service has been set at $790 ex GST and other charges for a 28-day period. If the Employer has not attained a successful candidate for the organisation, they have the option of continuing for another 28 days period and paying again the same amount of $790 ex GST and other charges. All other Employer fees are set out under Schedule 2.

6. General Employer Usage Agreement

To use our Services as an Employer:

6.1 You warrant:

a) Your Job Vacancy:

i. information is true, correct, and up to date;

ii. does not involve illegal activities;

iii. complies with the Australian Consumer Law and in particular is not false or misleading.

b) To the fullest extent reasonably possible, you will only interact and communicate with Job Seekers through us, until we consent to you contacting them directly, unless a Job Seeker makes a direct application outside the Services and beyond our control;

c) You will comply with all occupational health and safety laws, all employment laws, and all other laws, regulations, by-laws, industry standards and other requirements of any government, council or other authority during the Job Seekers employ; and

d) You have adequate all workers compensation and public liability insurance as required under law.

6.2 You acknowledge and agree:

a) We are a facilitator only for the purposes of permitting matching Job Seekers with Job Vacancies;

b) We cannot guarantee that we will find you an appropriate Job Seeker;

c) We are not responsible for, nor affiliated with any particular Job Seeker beyond providing the Services;

d) We are not responsible for any direct application lodged by a Job Seeker but will try to avoid wherever reasonably possible double applications occurring;

e) You need to make all your own enquiries and do your own due diligence about any Job Seeker.

f) You need to independently verify any Job Seeker and make your own assessment of the suitability of the Job Seeker for your Job Vacancy.

g) We do not do any background, reference, educational or other checks on any Job Seeker. We are in no way responsible for any interaction, experience or meeting with a Job Seeker or other arrangement and you employ a Job Seeker and use our Services entirely at your own risk; and

h) Any Jobs agreed to be performed is your contractual relationship with the Job Seeker. Any disputes, issues, dealings and complaints are to be dealt with directly and we are not to be involved. You agree to indemnify us for any claim which may result directly or indirectly from your action or inaction.

6.3 You further acknowledge and agree:

a) By submitting any Content to the Website, you represent that you have the ownership rights and title to this information and material. You also represent that you are not breaching any regulations, restrictions or third party rights in doing so;

b) By using our Website, you authorise us to use, reuse and to grant others the right to use and re-use your Content and any reproduction or similar in any form of media or technology for any purpose related to the Website;

c) We grant you a non-exclusive, royalty free, revocable licence to share Content from our Website on your social media platform on the condition that you will do so in good faith, keeping the integrity of the information, and attributing the Content to us; and

d) The Website uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage; and you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the Website.

e) We make no warranty that the Website services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will use our best endeavor’s to ensure the Website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will notify you if the Website becomes unavailable for any lengthy and unusual time period.

f) You agree to pay our fees as per Schedule 2 and for any “boost” options you may choose.

7. Replacement Guarantee

a) We do not offer a replacement guarantee for any Job Seeker or Employers and their organisation for either cancellations, omission, changes or miscommunication between an Employer and Job Seeker.

b) We continue to search for Jobs for our Job Seekers around 28 days or upon when they have secured employment, whichever comes sooner.

c) If a Job Seeker decides to leave an appointed job, we take no responsibility for that individual leaving and offer no replacement for a person to the organisation who has lost the staff member.

8. Fees

8.1 All Fees levied by us under these Terms include GST, unless otherwise expressly indicated.

8.2. We may vary the Fees payable for any the Services (including by imposing Fees on any Services which were previously not subject to Fees) at any time by providing 30 days’ written notice.

8.3 If GST is imposed on any taxable supply by a party in connection with these Terms and the consideration payable is not expressed to be inclusive of GST, then, subject to a valid tax invoice being issued, the party liable to pay for the taxable supply must pay on demand an additional amount calculated by multiplying the value of the GST exclusive consideration (without deduction or set off) by the current GST rate.

9. Our Obligations

9.1. We will:

(a) provide the Services with due care and skill but do not guarantee that they will be continuous or fault free; and

(b) use suitably qualified personnel to provide the Services.

9.2 We do not guarantee, represent or warrant that:

(a) any Users of the Website will have continuous access to the Website;

(b) the Services will be complete or free from all viruses, defects or errors. You acknowledge and agree that the existence of any defects or errors in Services does not constitute a breach of any agreement between us and a Job Seeker or Employer; and

(c) any information supplied or accessed using Services is correct and complete or sufficient for its intended use.

9.3 To the fullest extent permitted by law, we will not be liable in the event that the Website is unavailable for any reason, including but not limited to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunication supplies.

10. Australian Consumer Law and Liability

10.1 Under The Australian Consumer Law (ACL) as amended from time to time, if the Services (and/or any goods) are supplied to a User as a “Consumer” as defined in the ACL, then the User has the benefit of certain consumer guarantees, non-excludable rights and remedies in respect of those Services and/or Goods (Consumer Rights) and nothing in these Terms shall exclude, restrict or modify any Consumer Rights.

10.2 In accordance with s 64A of the ACL our liability for the failure of it to comply with the guarantees relating to the supply of services under Chapter 3 of the ACL is limited to the cost of supplying of the services again or the payment of the cost of having the services supplied again;

10.3 In accordance with s64A of the ACL, our liability for the failure of to comply with the guarantees relating to the supply of goods under Chapter 3 of the ACL is limited to: i) the replacement of the goods or the supply of equivalent goods; ii) the repair of the goods; iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; iv) the payment of the cost of having the goods repaired;

10.4 Any User warrants that: (i) any information, designs or other material provided by it does not infringe any copyright, trademark or registered design, is not in breach of confidence and is not misleading and/or deceptive and (ii) any statement made by it purporting to be factual is true.

10.5 No agency, partnership, joint venture, employment or other relationship is created with a User as a result of these Terms and no User has authority of any kind to bind us in any respect whatsoever.

11. Exclusions

11.1 To the extent permitted by the ACL:

a) a User shall rely on their own knowledge and expertise in selecting any goods and/or services for any purpose and any advice and/or assistance given by or for us shall be at the User’s risk and shall not be or be deemed to be given as expert or advise nor to have been relied on by a User or anyone claiming by a User;

b) We shall not be responsible nor liable for paying and/or obtaining any necessary judicial, statutory, government and/or utility fees, expenses, orders, approvals, permits and/or licences;

11.2 To the full extent permitted by law including under the ACL, we exclude all warranties, liabilities, rights, remedies, conditions and guarantees arising under or in respect of these Terms and the Services, whether in contract, tort (including negligence), statute or any other cause of action.

11.3 In no event will we be liable to a User or any other person for loss of use, production, profit, revenue, business, data, contract or anticipated savings or for delay or for any financing costs or increase in operating costs or any economic loss for any indirect or consequential loss or damage arising from a User use of the Services or under these Terms.

11.4 A User agrees to indemnify us, our officers, agents and contractors against all actions, claims and demands (including the cost of defending or setting any actions, claims and demands) arising out of any deliberate, unlawful or negligent act or omission by a User.

12. Suspension of Services and Termination

12.1 We may limit, suspend or cancel the provision of a Services at any time:

(a) without notice to the User:

(i) in the event of an emergency;

(ii) if the supply or use of a Services is, or is likely to become, unlawful; or

(iii) if, in our reasonable opinion, the provision of a Services is likely to cause death, personal injury or damage to property;

(iv) at any time in our sole discretion for any reason including without limitation, breach of these Terms; and

(b) by notice to a User:

(i) if a User does not pay any amounts due for that Services on time;

(ii) if a User’s use of the Services interferes (or may interfere) with the Website, and the User fails to rectify the situation when reasonably requested by us; or

(iii) if an administrator, receiver, liquidator or provisional liquidator is appointed to a User, or the User resolves to enter into any settlement, moratorium or similar arrangement for the benefit of User creditors, or the User is otherwise unable to pay its debts when they are due.

12.2 Where provision of the Services has been suspended or cancelled under these Terms, we, acting reasonably, may require a User to pay additional charges to resume the provision of the Services.

12.3 Any suspected fraudulent, abusive or illegal activity may be grounds for terminating any User and may be referred to the appropriate law enforcement authorities.

12.4 We may terminate the Services at any time in writing in our discretion at which time all outstanding fees under these Terms are due and payable.

12.5 On default or breach of any part of these Terms by a Job Seeker or Employer, we may inter alia terminate any contract, retain all monies paid, cease further provision of Services, recover all lost profits without prejudice to any other rights and without being liable in any way to any party.

13. Privacy

A User agrees to be bound by and comply with our privacy policy which can be found at the following link.

14. Intellectual Property Rights

14.1. Nothing in these Terms transfers ownership in, or otherwise grants any rights in, any intellectual property rights that we own, except any rights expressly granted to the User in writing.

14.2. All intellectual property rights in the Services and all information generated, compiled, arranged, stored or otherwise developed by us, remain absolutely our property.

15. Force Majeure

Any party under these Terms will not be liable for any delay or failure to perform its obligations under these Terms (except a User’s obligation to pay Fees and other amounts under these Terms) if such delay is due to Force Majeure.

16. Jurisdiction

These Terms are governed by the laws applicable in the State of Queensland, Australia. The parties irrevocably submit to the exclusive jurisdiction of the courts in that State and the Commonwealth of Australia.

17. Variations

To be binding any variation or cancellation of these Terms or any order must be approved by us in writing.

18. Severability

Any part of these Terms shall be capable of severance without affecting any other part of these Terms.

Schedule 1 – Job Seeker Fees

Schedule 2 – Employer Fees