TERMS & CONDITIONS.

Last Updated: June 3, 2024

The following terms and conditions (these "Terms and Conditions") govern your access to and use of the EmploySwipe website and mobile application, including any content, functionality, and services offered on or through www.employswipe.com or the EmploySwipe mobile application (the "Application") by EmploySwipe,(collectively referred to as "EmploySwipe", "we" or "us") and "you" or "user" means you as a user of the Application.

Please read the Terms and Conditions carefully before you start to use the App. By using the App, opening an account, or by clicking to accept or agree to the Terms and Conditions when this option is made available to you, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms and Conditions, EmploySwipe Payment Terms, EmploySwipe's Community Standards, and any additional standards, conditions, policies, guidelines, and in-product disclosures (collectively, the "Terms"), which are incorporated herein by reference. You further acknowledge that you have read and understood our Privacy Policy. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Site.

Access and Use of the App
1. Eligibility. The user represents and warrants that they are over 18 years of age.
2. Registration & accounts. To register and use the App, the user must provide their name, email address and create a password. The user is responsible for maintaining the confidentiality of their password and account. The user must notify Employswipe immediately of any unauthorised use of their account or any other breach of security.
  1. The user may only possess one user account. Employswipe reserves the right to refuse registration of a user or cancel a user's registration at any time at its sole discretion.
3. Prohibited use. The user agrees that they will not:
  1. misuse the App in any way, including monitoring or interfering with the App or attempting to damage or disrupt the App;
  2. use the App to scrape or extract data or content from the App;
  3. infringe any intellectual property rights of Employswipe or any third party; or
  4. otherwise act in a way that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy or hateful.
4. The user agrees not to agree not to upload or share content that:
  1. Could reasonably be considered offensive or intended to harass, abuse, or cause emotional distress to another person;
  2. Is obscene, pornographic, violent, or contains nudity;
  3. Is abusive, threatening, discriminatory, or promotes or encourages racism, sexism, hatred, or bigotry;
  4. Encourages or facilitates illegal activities, including, but not limited to, terrorism, inciting racial hatred, or any act that constitutes a criminal offense;
  5. Encourages or facilitates activities that may result in harm to the user or others, including, but not limited to, promoting self-harm, eating disorders, dangerous challenges, or violent extremism;
  6. Is defamatory, libelous, or false;
  7. Involves commercial activities (including, without limitation, sales, competitions, promotions, and advertising), solicitation for services, sex work, links to other websites, or premium line telephone numbers;
  8. Facilitates the transmission of spam or junk mail;
  9. Contains spyware, adware, viruses, corrupt files, worm programs, or other malicious code designed to interrupt, damage, or limit the functionality of any software, hardware, telecommunications, networks, servers, or other equipment;
  10. Infringes upon any third party's rights, including intellectual property rights and privacy rights;
  11. Was not written by you, unless expressly authorized by EmploySwipe;
  12. Includes the image or likeness of another person without that person's consent (or in the case of a minor, the minor's parent or guardian);
  13. Includes an image or likeness of a minor who is unaccompanied by the minor's parent or guardian or not fully clothed, or otherwise depicts or implies a minor engaged in sexual activity;
  14. Is inconsistent with the intended use of the Services; or
  15. May harm the reputation of EmploySwipe or its affiliates, including uploading or sharing content that is defamatory to EmploySwipe or its affiliates, or advocates misuse of the Service or any service provided by EmploySwipe's affiliates.
  16. Uploading or sharing content that violates these Terms ("Prohibited Content") may result in the immediate suspension or termination of your account.
5. Compliance with laws. The user agrees to use the App in accordance with all applicable laws, including anti-discrimination and workplace health and safety laws.
6. Termination & suspension. Employswipe may terminate or suspend the user's access to the App and account at any time for any reason, including breach of this Agreement.
Privacy and Data Protection
1. Collection of Information. Employswipe will only collect the personal information from users that is necessary to operate the App and facilitate connections between users, such as name, location, photos, education and work history.
2. Use of Information. Personal information collected by Employswipe will only be used for the purposes of operating the App and facilitating connections between users. It will not be used or disclosed for any other secondary purposes without the user's consent.
3. Disclosure of Information. Employswipe will not disclose a user's personal information to third parties unless required to do so by law, or to facilitate a job opportunity connection initiated by the user between their profile and another user's profile.
4. Security of Information. Employswipe will take reasonable technical and organisational precautions to protect a user's personal information from misuse, interference, loss and unauthorised access, modification or disclosure.
5. Access and Correction. A user may access their personal information held by Employswipe and request correction of any inaccurate, incomplete or out-of-date data. Employswipe will respond to such requests within 30 days.
6. Complaints. A user can make a complaint to Employswipe about any breach of their privacy. Employswipe will acknowledge and respond to all complaints within 30 days.
Intellectual Property Rights
1. Ownership of Intellectual Property Rights. Employswipe owns all intellectual property rights in the App and its Content. This includes copyright, designs, patents, trade marks and other proprietary rights.
2. License. Users are granted a limited, non-exclusive, non-transferable, non-sublicensable license to use the App and Content for their intended purposes.
3. Restrictions. Users must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any part of the App or Content.
4. Respect of Third Party Rights. Users are responsible for ensuring they have permission before sharing any third party content via the App. Users must not infringe on the intellectual property rights of any third party.
5. Termination of License. Employswipe may terminate the license at any time if the User breaches this Agreement. Upon termination, the User must destroy all downloaded Content.
Warranties and Disclaimers
1. Employswipe provides the App on an "as is" basis without warranties of any kind, either express or implied.
2. Employswipe hereby disclaims all warranties, whether express, implied, statutory or otherwise, including but not limited to any implied warranties of merchantability, fitness for a particular purpose and non-infringement.
3. Employswipe does not warrant that the functions or content contained in the App will meet the user's requirements, or that the operation of the App will be uninterrupted or error-free, or that defects will be corrected.
4. Employswipe is not responsible or liable for the conduct or content, whether online or offline, of any user of the App.
5. Employswipe does not endorse and has no control over any user content submitted, uploaded or shared via the App by any user.
Limitation of Liability
1. Employswipe excludes all implied warranties to the maximum extent permitted by law regarding the App and its services.
2. Employswipe's maximum aggregate liability for any direct damages arising from the use of the App shall be limited to the amounts paid by the User in the 12 months preceding the date of the event giving rise to liability.
3. Employswipe shall not be liable for any indirect, incidental or consequential damages arising from the use of the App. This includes loss of profits, data, use, business or revenue.
4. The limitations in clauses 6.1, 6.2 and 6.3 shall apply whether or not Employswipe has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy.
5. The limitations on liability in this clause 6 represent the User's sole remedy in using the App. No other remedies shall be available against Employswipe.
Indemnification
1. The User agrees to indemnify, defend and hold harmless Employswipe from and against any and all claims, liabilities, damages, losses or expenses (including reasonable attorneys' and accounting fees) arising out of or in any way related to:
  1. the User's access to or use of the App;
  2. the User's violation of this Agreement; or
  3. the infringement by any User Content upon any Intellectual Property Rights of a third party.
2. Employswipe agrees to indemnify, defend and hold harmless the User from and against any and all claims, liabilities, damages, losses or expenses (including reasonable attorneys' and accounting fees) arising out of or in any way related to:
  1. the User's proper use of the App in accordance with this Agreement; or
  2. any breach by Employswipe of its obligations in this Agreement.
3. The indemnified party must notify the indemnifying party in writing of any claim for which it seeks indemnification reasonably promptly after becoming aware of such claim.
4. The indemnifying party has the right to control the defense and settlement of any such claim. However, the indemnified party has the right to participate in the defense with its own counsel at its own expense.
Purchases and Automatically Renewing Subscriptions
1. You will have the opportunity to purchase products and services from EmploySwipe. If you purchase a subscription, it will automatically renew—and you will be charged—until you cancel.
2. EmploySwipe may offer products and services for purchase through iTunes, Google Play, or other external services authoriSed by EmploySwipe (each, an "External Service," and any purchases made thereon, an "External Service Purchase"). EmploySwipe may also offer products and services for purchase via credit card or other payment processors on the Website or inside the App ("Internal Purchases"). If you purchase a subscription, it will automatically renew until you cancel, in accordance with the terms disclosed to you at the time of purchase, as further described below. If you cancel your subscription, you will continue to have access to your subscription benefits until the end of your subscription period, at which point it will expire.
3. Because our Services may be used without a subscription, canceling your subscription does not remove your profile from our Services. If you wish to fully terminate your account, you must terminate your account as set forth in Section 8.
4. EmploySwipe operates a global business, and our pricing varies based on a number of factors. We frequently offer promotional rates—which can vary based on region, length of subscription, bundle size, past purchases, account activity and more. We also regularly test new features and payment options. If you do not timely cancel your subscription, your subscription will be renewed at the full price as indicated when the purchase was made, without any additional action by you, and you authorise us to charge your payment method for these amounts. To the extent permissible by law, we reserve the right, including without prior notice, to limit the available quantity of or discontinue making available any product, feature, service or other offering; to impose conditions on the honoring of any coupon, discount, offer or other promotion; to bar any user from making any transaction; and to refuse to provide any user with any product, service or other offering.
Account Termination

If you no longer wish to use our Services, or if we terminate your account for any reason:

You can delete your account at any time by logging into the Website or App, going to "Settings," clicking "Delete Account," and following the instructions to complete the deletion process. However, you will need to cancel/manage any External Service Purchases through your External Service Account (e.g., iTunes, Google Play) to avoid additional billing.
EmploySwipe reserves the right to investigate and, if appropriate, suspend or terminate your account without a refund if EmploySwipe believes that you have violated these Terms, misused our Services, or behaved in a way that EmploySwipe regards as inappropriate or unlawful, on or off our Services. We reserve the right to make use of any personal, technological, legal, or other means available to enforce the Terms, at any time without liability and without the obligation to give you prior notice, including, but not limited to, preventing you from accessing the Services.
If your account is terminated by you or by EmploySwipe for any reason, these Terms continue and remain enforceable between you and EmploySwipe, and you will not be entitled to any refund for purchases made. Your information will be maintained and deleted in accordance with our Privacy Policy.

Dispute Resolution
1. Users must first attempt to resolve any disputes directly with Employswipe by contacting Employswipe via the contact details provided on the Website.
2. If the dispute cannot be resolved pursuant to clause 9.1 within 30 days of first contact, the user may lodge a complaint with the Australian Competition and Consumer Commission (ACCC).
  1. Employswipe agrees to cooperate and participate in good faith in the ACCC's dispute resolution process.
  2. Employswipe will provide the user with the ACCC's contact details and details of the ACCC complaint process upon request.
3. Neither this clause nor the dispute resolution process prevents either party from seeking any remedies available to them through the Australian court system.
4. The courts of Australia have exclusive jurisdiction over any proceedings arising out of or in connection with this Terms and Conditions.