www.sourcr.com is a website operated by Sourcr Pty Ltd ABN 76 611 739 274 (“Sourcr”).

DEFINITIONS

Account – an account registered to a Recruiter, Recruitment Agency or Visitor

Agency Profile – the claimed or unclaimed page of a recruitment agency brand

Recruiter – a professional agency or freelance recruiter who has a claimed or unclaimed profile on the site or who Sourcr deems to be a recruiter.

Recruitment Agency – a recruitment agency business

Recruiter Profile – the claimed or unclaimed page of an individual recruiter

Content Removal Process – the process a Recruiter or Recruitment Agency must follow to request the removal of a review, which can be found here

Content Removal Request – the form that must be submitted to Sourcr to begin the Review Removal Process

Fee – the cost of the product or service

Products – the products and services available to purchase

Service – services provided to Visitors or Recruiters in line with these terms of use

Site – www.sourcr.com, app.sourcr.com, www.sourcr.co.nz, www.sourcr.co.uk, app.sourcr.co.nz, any subdomains, applications (“apps”), social media pages or other websites owned by Sourcr

Terms – these Terms of Use

User Content – any content, including text, ratings, comments, posts, reviews images, video or other media provided to Sourcr by Visitors or Recruiters

You – user of the site including a Visitor or Recruiter

Visitor – any visitor to the website who uses the site

These Terms of Use (“Terms”) govern your use of our Site and forms a binding contractual agreement between you, the user of the Site and us, Sourcr Pty Ltd.

For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us via email at [email protected]

By using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. These Terms may be updated without notice to you. If you do not agree to the Terms, please do not use the Site.

1. LICENCE TO USE SITE
   1. We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with the terms and conditions set out in this Agreement.
   2. You may access and use the Site in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use.
   3. The Site contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.
   4. You acknowledge and agree that:
      1. we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion;
      2. the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes); and
      3. your account is your responsibility, and you will limit your account to a single user.
   5. You must not use content or data from our site or otherwise take any action to:
      1. cause damage or impair the performance, availability or accessibility of the website;
      2. which is unlawful, illegal, fraudulent or harmful or connected to an action of this kind;
      3. copy, store, host, transmit, send, use, publish or distribute any material consisting or linked to spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
      4. conduct data collection or data mining activities on or in relation to our website without our express consent;
      5. establish or facilitate any direct marketing activity not authorised by us; or
      6. contact individuals, companies or other persons or entities not in relation to employment applications or job requisitions requesting such contact, especially in any way designed to offend, insult, humiliate, intimidate, harass, threaten or pester any person or group.
   6. You are prohibited from using the site if you:
      1. are not 16 years of age;
      2. lack capacity or power to enter into legal or legally binding agreements;
      3. are legally prohibited from rendering or receiving services;
      4. represent and are accessing the site on behalf of a company which is in liquidation; or
      5. Sourcr or its representatives have previously prohibited you from using the site, and this prohibition has not been revoked.
2. INTELLECTUAL PROPERTY RIGHTS
   1. 1. Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site and its contents.
      2. Notwithstanding the above, you may redistribute any marketing or promotional material on this site or provided to you by us to any person.
      3. By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
      4. You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
      5. The licence in clause 2.3 will survive any termination of these Terms.
      6. You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 2.2 and 2.3.
3. WARRANTIES
   1. 1. You represent and warrant to us that:
         1. you have the legal capacity to enter these Terms;
         2. you have complied with clauses 1.5 and 1.6;
         3. all information you provide if you choose to register on our site is, to the best of your knowledge, true, current and accurate;
         4. you are authorised by your organization to use the Sourcr platform on its behalf; and
         5. you will not allow any unauthorised person to use your account and will notify us immediately if you become aware of any unauthorised use of your account.
4. LIABILITY
   1. 1. 1. To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
         2. To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
         3. These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
            1. in the case of goods:
               1. the replacement of the goods or the supply of equivalent goods;
               2. the repair of the goods;
               3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
               4. the payment of having the goods repaired, and
            2. in the case of services:
               1. the supply of the services again; or
               2. the payment of the cost of having the services supplied again.
5. TERMINATION
   1. 1. These Terms terminate automatically if, for any reason, we cease to operate the Site.
      2. We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.
      3. We may delete, suspend or cancel your account or edit details on your account at any time in our sole discretion without notice or explanation.
6. GENERAL
   1. 1. You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms.
      2. If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
      3. Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
      4. This Agreement is governed by the laws of New South Wales, Australia and each party submits to the jurisdiction of the courts of New South Wales, Australia

7. RECRUITERS
   1. You will only be able to update or make changes to your profile if you have successfully claimed your profile.
   2. A Recruiter may only claim their own Recruiter Profile and must not claim the Recruiter Profile of another recruiter.
   3. Sourcr will list recruiters on the platform and information about them using publicly available sources. We cannot guarantee the accuracy of such information.
   4. Sourcr will, at its sole discretion, decide which recruiters to list on the site and may add or remove a recruiter at anytime, with or without notice.
   5. If you are a Recruiter and claim your Recruiter Profile on the Site, you agree to grant Sourcr the licence set out in clause 2.3. This covers all job placement data submitted by you (including but not limited to job title, industry, salary information, placement fee percentage and company name) and you warrant that you are authorised and/or have the necessary rights to grant the licence.
   6. Sourcr will determine in its sole discretion what functionality it provides to Recruiters
   7. Sourcr may modify any part of the content of a Recruiter or Agency Profile at any time in its sole discretion, with or without notice to that individual Recruiter or Recruitment agency.
8. VISITORS
   1. Sourcr will determine the functionality that it offers Visitors on the Site and may make changes to the functionality at any time, with or without notice.
   2. Sourcr does not guarantee and has not verified the accuracy or reliability of any information contained on the Site about a Recruiter and does not adopt or endorse any of the comments posted on the Site (including information submitted by third parties in the form of ratings, comments, posts and reviews). Sourcr collects and posts the comments for what they are worth and it is your responsibility to conduct your own research and make your own enquiries before deciding to engage a Recruiter.
   3. Sourcr does not accept any liability in respect of any User Content posted on the Site.
9. POSTING AND REMOVING CONTENT

1. 1. You must not add any content to the Site (“Infringing Content”):
      1. unless you hold all necessary rights, licences and consents to do so;
      2. that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
      3. that would cause you to breach the Terms or infringe the rights of others;
      4. is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, misleading, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, in breach of confidence, in breach of privacy, in contempt of court or breach of court order, or constituting spam;
      5. that infringes the intellectual property or other rights of any person.

2. Whilst Sourcr will take all reasonable steps to resolve disputes, we are under no obligation to review any User Content to determine its accuracy, truthfulness, or whether it is defamatory, slanderous or contains falsehoods.
3. Sourcr reserves the right not to publish any Content that is found to not meet our standards and to remove any Content post-publication it deems inappropriate. These standards preclude any submissions that are found to include information that is found to, or in Sourcr’s opinion may be inappropriate, defamatory, disparaging, misleading indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, in breach of confidence, in breach of privacy, in contempt of court or breach of court order, or constituting spam.
4. We will not remove content simply because it is negative. We will only remove content if we, at our sole discretion, believe it is in breach of clause 9.1.
5. If you believe there is on content on your profile that is in breach of clause 9.1, you can submit a Content Removal Request. Please see our policy here
6. When you have submitted a Content Removal Request, you may be asked for additional information to help Sourcr verify if there has been a breach of clause 9.1.
7. Sourcr is under no obligation to remove any Infringing Content other than where stated in this Agreement or where required by law.
8. If Sourcr does remove allegedly Infringing Content, then you acknowledge that such removal is done on a without prejudice basis, and upon such removal, you agree to release Sourcr from any action, claim, proceedings, damages or other obligation which you may make, institute or claim against Sourcr in relation to the allegedly Infringing Content.
9. Sourcr accepts no responsibility or liability for any User Content or Infringing Content posted, stored or uploaded on the Site, or for any loss or damage suffered by you or any other person as a result of the Site storing, holding, or making available, any User Content or Infringing Content to Visitors, Recruiters or other members of the public.
10. Users will indemnify Sourcr in respect of any claims brought by third parties relating to posts, comments or ratings made by those users.

10. SUPPLY OF PRODUCTS

1. 1. Sourcr may offer to supply Products through the Site for purchase by Recruiters or Visitors.
   2. By ordering and purchasing any Product from the Site, you agree:
      1. that you are bound by and will comply with these terms and any additional terms applicable to the products
      2. to pay the applicable fee for the product(s)
      3. to be bound to a minimum term to use or purchase
      4. to be bound to the minimum number of licenses if you are purchasing a Sourcr Pro – Team subscription
   3. Sourcr may require you to provide it with an authorisation to direct debit the fee from your credit card or nominated bank account. Once authorisation is provided the fee will be automatically debited by Sourcr.
   4. If you have selected to be invoiced for a billing period, you agree to pay the fee on the invoice by the date stated on the invoice.
   5. If you are on a month to month subscription, you may terminate your agreement at any time with no less than 30 day’s notice to Sourcr.
   6. If you are on an annual subscription, you may terminate your agreement at any time with no less than 60 day’s notice to Sourcr
   7. Sourcr may suspend or terminate any order or agreement for Sourcr to supply you with Products:
      1. immediately if you are in breach of this Agreement and, in Sourcr’s sole opinion, the breach is not capable of remedy or is a material breach;
      2. immediately if you are in breach of this Agreement and fail to remedy that breach within 7 days of receiving written notice from Sourcr requiring you to remedy the breach; or
      3. without cause, by giving 14 days’ notice to you.
   8. Unless otherwise stated, upon termination of any order or agreement for Sourcr to supply you with Products:
      1. where such termination is pursuant to clause 10.7.1 or 10.7.2, you must pay any unpaid amount of the Fee to Sourcr which would be owing over the remainder of the Term had such termination not occurred and you agree that, if an authorisation has been given in accordance with clause 10.3, the fee may automatically be charged to your credit card or direct debited from your nominated bank account; or
      2. if the order or agreement is terminated under clauses 10.4, 10.5 or 10.7.3 then you must pay the Fee incurred up to the date upon which termination becomes effective only. Sourcr will refund you any unused portion of the Fee that you have prepaid, and which relates to any period after the effective date of termination.
   9. Termination of our supply of a Product to you will not of itself, unless stated by Sourcr to the contrary, terminate your ability to use the Site or the Services. Sourcr may however, separately exercise any of its rights under this Agreement, including terminating or limiting the Services or terminating your Account pursuant to clauses 5.3, 7.6 and 7.7
   10. When purchasing a Sourcr Agencies subscription, unless otherwise stated, you will purchase a license for all recruiters that are attached to your agency in Sourcr, including unverified recruiters, which is your minimum licenses. If you do not wish to be charged for some recruiters, you must remove them from your agency prior to subscribing
   11. If you add a new recruiter or recruiters to your agency, or approve the request of a recruiter or recruiters to join your agency, you will be charged for the applicable number of licenses on your next bill, pro rata based on the period of the term used by the new recruiters
   12. If you remove a recruiter from your account during the billing period, you will not be credited for the unused license, but your account will be updated to show the new number of recruiters from your next billing period, provided that you do not go below the minimum number of licenses pursuant to clause 10.3.4