INTRODUCTION
Puffling operate the Puffling recruitment service that helps find flexible employment and/or job sharing arrangements for candidates via its website (Puffling Services). A Candidate’s use of the Puffling Services is subject to these Candidate Terms of Service.
DEFINITIONS
The following terms are used regularly throughout these Terms of Service and have a particular meaning:
(a) Agreement means these Candidate Terms of Service;
(b) Candidate means any person or Puffling Pair (where implied by context) that uses the Puffling Services as a Candidate.
(c) Candidate Information means any information provided by a Candidate to Puffling, or that the Candidate otherwise consents to Puffling collecting about the Candidate.
(d) Client means a person, company or other employer together with any subsidiary or associated company that engages the Puffling Services to arrange Introductions or Engagements with Candidates.
(e) Client Information means any information provided by a Client to Puffling, or that a Client authorises Puffling to collect about the Client.
(f) Employment means an employment arrangement between the Client and a candidate subject to an Engagement, but specifically excludes a temping arrangement.
(g) Engagement means the engagement or use of the Candidate by a Client on a permanent or temporary basis whether as an employee or a contractor;
(h) GST has the same meaning as in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
(i) Introduction means an introduction of a Candidate made by Puffling by providing contact details or arranging a meeting that results in any in-person meeting, telephone call, email or other correspondence with:
i. A Client for the purposes of evaluating the Candidate’s suitability for employment, temping, contracting or other placement; or
ii. Another Candidate for the purposes of evaluating a potential job-share arrangement with that Candidate.
(j) Puffling Pair means the job-sharing team of Candidates.
(k) Privacy Act means the Privacy Act 1988 Cth
(l) Puffling means Puffling Recruitment Pty. Ltd. ABN 11 616 219 044.
(m) Puffling Services means the any of the following services provided by Puffling:
i. Recruitment services, including arranging Introductions and Engagements;
ii .dFinding and introducing Candidates to each other for the purposes of arranging a job-share; and
iii. Use of the Website.
(n) Restraint Period means the period of 6 months from the end of the Candidate’s last Engagement.
(o) User means any Candidate or other user of the Website.
(p) Website means http://www.puffling.com.au/ or any other website operated by Puffling from time-to- time to provide the Puffling Services.
2. GENERAL
2.1 To use the Puffling Services, the Candidate must sign up for an account via the Website and provide such information as Puffling may require to enable Puffling to 2.1 provide the Puffling Services.
2.2 Each Candidate agrees that all use of the Puffling Services is subject to these Candidate Terms of Service.
2.3 The Puffling Services are only available to Users over the age of 18.
2.4 The Company may suspend the Puffling Services to any Candidate or other user that breaches the terms of this Agreement.
3. PUFFLING SERVICES
3.1 By signing up to the Puffling Services on the Website, the Candidate acknowledges that they are engaging Puffling to provide the Puffling Services and are bound by the terms of this Agreement.
3.2 The Candidate authorises Puffling to provide any of the Candidate’s Candidate Information to:
(a) Clients for the purposes of arranging an Introduction, or Engagement; or
(b) Other Candidate’s for the purposes of arranging an Introduction or job-share.
3.3 The terms of this Agreement are subject to change by notification 30 days in advance by Puffling to the Candidate. Notifications can be issued via email, or via the Website.
3.4 The Candidate must notify Puffling if the Candidate does not accept any changes to this Agreement, and terminate this Agreement within 30 days of receiving notice of such changes.
3.5 The Candidate acknowledges that Puffling does not guarantee that the Puffling Services shall result in the Candidate achieving an Introduction or Engagement.
3.6 Where Puffling makes an Introduction to another Candidate, the Candidate acknowledges and accepts that:
(a) Puffling makes no representation as to the character, qualifications, experience or other credentials of any Candidate;
(b) Puffling makes no representation that such an Introduction will result in a Puffling Pair;
3.7 Puffling makes no representation that a Candidate or Puffling Pair that is formed between Candidates will receive an Introduction or Engagement with any Client.
3.8 Where one or more Candidates form a Puffling Pair, each Candidate in the Puffling Pair acknowledges that they are responsible to each other Candidate in the Puffling Pair and that:
(a) Puffling is not responsible for ensuring any Candidate within a Puffling Pair will achieve any work, whether the Puffling Pair is placed in an Engagement;
(b) Puffling is not responsible to any Candidate if one or more Candidates leaves a Puffling Pair for any reason, including if it results in termination of the Engagement; and
(c) The members of a Puffling Pair are free to make any arrangements between themselves with regard to an Engagement provided they comply with the requirements of the Client, in relation to that Engagement.
3.9 Where the Candidate accepts any Employment position with a Client, the Candidate agrees that the Candidate shall make best endeavours to maintain the Employment arrangement for at least 3 months from commencement.
4. LIABILITY
4.1 Whilst Puffling endeavours to make every reasonable effort to ensure the suitability of a Client, Puffling makes no representation and bears no responsibility for the accuracy of any information provided by a Client regarding a potential Engagement or the Client’s:
(a) Reputation;
(b) Work safety practices;
(c) Profitability; or
(d) Business generally.
4.2 The Candidate warrants that all information that it provides Puffling is accurate and up- to-date, and shall indemnify Puffling in the event that any such information proves to be inaccurate or out of date, including (without limitation) with regard to the Candidate’s character, credentials, experience or qualifications.
4.3 Each Client and Candidate is responsible to each other with regard to any Introduction or Engagement. Puffling shall not be responsible for any act or omission, or any agreement formed between a Client and Candidate during an Introduction or Engagement.
5. RESTRAINT
5.1 The Candidate shall not undertake an Engagement, and must notify Puffling within the Restraint Period if the Candidate is seeking or has been offered an Engagement with any Client, former Client, successors of a Client, employee or former employee of Puffling whom the Candidate:
(a) Had an Introduction to, within the previous 12 months that did not result in an Engagement; or
(b) Had an Engagement that ceased in the previous 12 months.
months.
5.2 Where a Candidate notifies the Puffling of any matter subject to clause 5.1, the Candidate may request Puffling’s consent to undertake such an Engagement, which consent Puffling shall not unreasonably withhold.
5.3 In the event that Puffling has arranged an Introduction between the Candidate and a Client, the Candidate agrees that the Candidate will not seek or accept an offer of employment presented by another recruitment or employment agency for placement with that Client for a period of two weeks from the cessation of the Candidate’s Introduction, or last Engagement with that Client.
5.4 Where the Restraint Period is found by a court of law to be unenforceable, then a three- month restraint period will apply. Where three months is found by a court of law to be unenforceable then a forty-five day restraint period will apply.
6. CONFIDENTIALITY AND PRIVACY
6.1 All information in respect of a potential job-sharing Candidate or Client is confidential information provided to the Candidate for the sole purpose of enabling the Candidate to determine the suitability of a job sharing partner or Client for employment. The Candidate will keep such information confidential and will not use it for any purpose other than that for which it was provided.
6.2 The Candidate acknowledges that Candidate Information and Client Information provided by the Company is sensitive confidential information and may contain personal information as that term is defined in the Privacy Act.
6.3 The Candidate is responsible for ensuring that it maintains all:
(a) Confidential Information as confidential, both during and after the term of this Agreement; and
(b) Personal information in accordance with the Privacy Act and any other applicable privacy legislation.
6.4 Puffling shall maintain all Candidate Information and Client Information in accordance with he requirements of the Privacy Act.
7. ANTI-DISCRIMINATION
7.1 Puffling complies with Australian anti-discrimination laws (Anti-Discrimination Act NSW 1977) and does not and will not question Candidates or Clients on issues that may breach this legislation.
8. GENERAL
8.1 Special Conditions. The parties may agree to any Special Conditions to this Agreement in writing.
8.2 Prevalence. To the extent this Agreement is in conflict with, or inconsistent with any Special Conditions made under this Agreement, the terms of those Special Conditions shall prevail.
8.3 Disclaimer. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this Agreement.
8.4 Relationship. The relationship of the parties to this Agreement does not form a joint venture or partnership.
8.5 Waiver. No clause of this Agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
8.6 Further Assurances. Each party must do anything necessary (including executing agreements and documents) to give full effect to this Agreement and the transaction facilitated by it.
8.7 Governing Law. This Agreement is governed by the laws of New South Wales, Australia. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.
8.8 Severability. Any clause of this Agreement, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.
