Terms of Use

Terms of Use

ARA Talent Registry Terms and Conditions

1. The Application

1.1 Australian Retailers
Association Talent Registry (ARA Talent Registry) operated by Shortlyster Pty
Ltd ABN 24 612 636 030 (‘the Provider’ or ‘Shortlyster’). The Application is
available to job seeking candidates (‘Candidates’) and recruiters or hiring
individuals or companies (‘Recruiters’) who have registered for an account. The
Application enables efficient communication and exchange of information between
Candidates, Recruiters (each referred to as a ‘User’ or ‘you’) and Shortlyster
to assist Recruiters to find the best fit candidates for their open positions
and to help connect Candidates with potential job opportunities.

2. Access to and Use of
Services

2.1.The Services in context
of these terms and conditions (the ‘Terms’) mean the service of providing a
platform that enables automated matching of Candidates to job requirements and
specifications as stipulated by Recruiters, based on specific parameters and
information provided by Candidates.

2.2.Please make sure you
carefully read the Terms. You acknowledge that by browsing and/or reading the
content of the Application you confirm that you have read, understood and agree
to the Terms.

2.3.If you do not agree and
wish not to be bound by the Terms, please cease usage of the Application
immediately.

2.4.Shortlyster reserves
the right to review and amend any of the Terms at its sole discretion, such
amendments being effective immediately upon publication. Should such amendment
to the Terms occur, Shortlyster will use reasonable endeavours to notify you of
such amendment. A copy of the Terms should be kept by the User for its records.

3. Registered Use
Obligations



3.1In order to enable you to access the Services, the User is required to
complete registration for an account through the Application (the ‘Account’).
Further details about the process for registration in relation to a Candidate
or a Recruiter is set out in sections 4.1 and 4.2 below.



3.2.In the process of registering for an account, you will be required to
provide your personal or business information as prompted. You warrant that any
such information provided to Shortlyster is true and correct at the date of
completion and you shall update any changes in such information in a reasonable
time.



3.3.Please note that any information provided through your use of the
Application and/or Services are subject to Shortlyster’s Privacy Policy
[https://shortlyster.com/], to ensure proper handling of your personal or
business information.



3.4.Upon completion of the registration process, you will become a registered
user of the application (‘Registered User’) being bound by the Terms.



3.5.You must not use the Services and must not accept the Terms if:

·      
You
are under the age of 18 (of if you are under 18, you have the consent of your
parent of guardian); or

·      
You
are for any reason whatsoever excluded of prohibited to receive the Services
under the laws or Australia or any other country including your country of
residence or from which you use the Services

4. How it works

4.1.Candidates

(a)In order to make an
online application for a job position on the Application, you are first
required create an Account. Registering for an Account requires a Candidate to
complete mandatory fields (for example first name, last name, and contact
details). You may also create a more detailed profile by providing the
information as prompted (‘Profile’). In order to apply for a job position you
must provide your salary expectations, type of work preferences (part time,
full time, casual etc.), address and other sensitive information as prompted.
Other information you may wish to include includes (but is not limited to):

·      
Your
work history and skills used in the job;

·      
Qualifications
you have acquired; and

·      
Personal
preferences relating to work.

(b)You may edit or update
your Profile at any time.

(c)When you apply for a
specific position on the Application, your application is made available
directly to the relevant Recruiter. By applying for a position through the
Application, you are asking Shortlyster to pass your online profile to the
relevant Recruiter. Any questions you have relating to your online application
and/or the status of your application should be directed directly to the
relevant Recruiter, not Shortlyster.

(d)You acknowledge and
agree that Shortlyster will also retain your Profile to further match you with
potential positions that match your requirements by becoming part of
the Shortlyster Talent Pool. You have the ability to turn this feature on
or off. As a Shortlyster Talent Pool candidate you will be matched to current
and future positions anonymously if you match in the top 10 candidates for a
position. In such circumstances, Recruiters may choose to contact and connect
with you anonymously through the Application and you have the choice to accept
or decline the invitation to connect and apply for that position. If you choose
to accept the invitation, you acknowledge and agree that Shortlyster may
release your Profile including your name and other personal contact information
to that Recruiter who can then contact you to discuss the role further. If you
choose to decline the invitation, then you will be removed as a Shortlyster Talent
Pool Candidate for that particular role and the Recruiter will not be able to
view your profile which contains your contact information.

(e)You may delete your
Shortlyster profile at any time by contacting Shortlyster directly at 
support@shortlyster.com.

(f)If you have difficulties
or questions relating to this process or updating your profile, please
contact 
support@shortlyster.com.

4.2.Recruiters

(a)In order to create and
post an online listing for a job position on the Application, a recruiter is
first required create an Account. Registering for an Account requires a
Recruiter to complete mandatory fields (for example first name, last name,
contact details, employer name) and to provide credit card details. In order to
post an online job application, the minimum information required includes:

·      
Job
title;

·      
Employer;

·      
Job
location;

·      
Salary
range;

·      
Job
description; and

·      
Relevant
work areas of the vacant role (“together, the General Job Details”)

(b)After completing the
General Job Details the Recruiter can “open” the job listing for matching.
“Opening” the job listing provides the recruiter a unique URL for that job
enabling the recruiter to post it to job boards, social media, company websites
or share with people electronically. After completing the General Job Details,
Recruiters are able to start looking at Shortlyster Pool Candidates and contact
and connect with such candidates anonymously through the Application.

(c)Recruiters are also able
to connect directly with candidates who have applied for the relevant job
through the Application or in circumstances where a Shortlyster Pool Candidate
has accepted the opportunity to connect and authorised the Provider to provide
their details.

(d)A Recruiter may edit the
General Job Details or add any further information to the job posting at any
time.

(e)A Recruiter may at any
time close a job after which the job will not accept any further applications from
Candidates.

(f)A Recruiter may save a
job in “Draft” and keep the job there until they are ready to be posted and
accept candidates for review.

(g)A Recruiter can close
its profile at any time by contacting Shortlyster directly at

5. Registered User Obligations
- Candidates and Recruiters

5.1 By becoming a
Registered User you agree:

(a)not share your profile
with any other person;

(b)to use the Services only
for purposes that are permitted under the Terms and any applicable law in the
relevant jurisdiction;

(c)to protect the
confidentiality of your password and/or email address;

(d)to ensure that no third
party uses your registration information as it is strictly prohibited and are
required to notify Shortlyster of any such breach occurred immediately;

(e)not to in any way or
form and at any time impersonate another Registered User or use its
registration and security information;

(f)to ensure that any
content attributable to you in any way on the Application (‘User Content’) is
at all times accurate, correct and up to date;

(g)that you have all
necessary intellectual property rights to use User Content and shall indemnify
the Provider for any infringement by you of third-party intellectual property
rights by using User Content on the Application;

(h)not to harass,
impersonate, stalk, threaten another Registered User of the Application;

(i)not to use the Services
or the Application in connection with any commercial endeavours;

(j)not to use the Services
or Application for any illegal and/or unauthorised use of any kind which
including but not limited to collecting email addresses of Registered Users by
any means for the purpose of sending unsolicited email or unauthorised framing
of or linking to the Application;

(k)ensure at all times that
you comply with all applicable laws relating to the collection and handling of
personal information in accordance with (without limitation) the Privacy Act
1988;

(l)that any commercial
advertisements, affiliate links and any other forms of solicitation may be
removed from Registered User profiles without prior notice and result in
termination of the Services with appropriate legal action taken by Shortlyster
for any illegal or unauthorised use of the Application; and

(m)that any automated use
of the Application or its Services is prohibited.

5.2.By becoming a
Registered User you acknowledge and accept that the Provider:

(a)accepts no
responsibility for the conduct of any Registered User;

(b)accepts no
responsibility for any interaction between Registered Users, whether that
interaction occurs via the Application or otherwise (including personal
communications outside of the Application);

(c)makes no warranty or
representation as to the accuracy of any information provided by any Registered
User.

(d)makes no warranty as to
the character or credentials of any Registered User; and

(e)to the extent permitted
by law, is under no circumstances liable in any way for User Content.

6. Terms of Sale

6.1.Candidates are not
required to pay to access the Services. If a Recruiter buys any of our paid
Services (“Paid Services”), you agree to pay us the applicable fees and taxes
specific to the Paid Services. Failure to pay these fees will result in the
termination of your Paid Services.

6.2.If you purchase a
subscription, you will be charged for the full subscription period even if you
cancel before the renewal date. Billing occurs on a monthly basis in arrears
for the fees and taxes applicable to that monthly period. To avoid future
charges, cancel before the renewal date.

6.3.You can get a copy of
your invoice by contacting Shortlyster directly at 
support@shortlyster.com

7. Copyright and
Intellectual Property

7.1.The Application, the
Services and all of the related products of Shortlyster are without limitation
subject to copyright and protected by copyright under the laws of Australia and
any relevant international treaties. All rights are reserved by Shortlyster.

7.2.All trademarks, service
marks and trade names are owned, registered and/or licensed by Shortlyster.

7.3.Shortlyster grants you
a worldwide, non-exclusive, royalty-free, revocable license whilst you are a
Registered User to use the Application pursuant to Terms and use the
Application and the material contained in it for your personal and
non-commercial use. All other rights are expressly reserved by Shortlyster.

7.4.Shortlyster grants you
a worldwide, non-exclusive, royalty-free, revocable license whilst you are a
Registered User to use the Application pursuant to Terms and use the
Application and the material contained in it for your personal and
non-commercial use. All other rights are expressly reserved by Shortlyster.

7.5.Shortlyster retains all
rights, title and interest in and to the Application and all related Services.
Nothing you do on or in relation to the Application will transfer any:

·      
business
name, trading name, domain name, trademark, industrial design, patent,
registered design or copyright, or

·      
a
right to use or exploit a business name, trading name, domain name, trademark
or industrial design, or

·      
a
thing, system or process that is the subject of a patent, registered design or
copyright, to you.

7.5.You may not, without
the prior written permission of Shortlyster and the permission of any other
relevant rights owners: broadcast, republish, up-load to a third party,
transmit, post, distribute, show or play in public, adapt or change in any way
the Services or third party Services for any purpose, unless otherwise provided
by these Terms. This prohibition does not extend to materials on the
Application which are freely available for re-use or are in the public domain.

7.6.Should you broadcast,
publish, upload, transmit, post or distribute User Content on the Application,
you grant to Shortlyster a non-exclusive, transferrable, perpetual,
royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load
to a third party, transmit, post, distribute, show or play in public, adapt or
change User Content.

7.7.You agree that you will
not directly or indirectly copy, recreate, decompile, reverse engineer or
otherwise obtain, modify or use any source or object code, architecture,
algorithms contained in Application or any documentation associated with it.

8.Disclaimer, Limitation
of Liability and Indemnity

8.1.The User acknowledges
that the Provider is not responsible for the conduct or activities of any User
and that the Company is not liable for such under any circumstances.

8.2.The User agrees to
indemnify the Company for any loss, damage, cost or expense that the Provider
may suffer or incur as a result of or in connection with the User’s use of or
conduct in connection with the Application or Services, including any breach by
the User of these Terms.

8.3.In no circumstances
will the Provider be liable for any direct, incidental, consequential or
indirect damages, damage to property, injury, illness, loss of property, loss
or corruption of data, loss of profits, goodwill, bargain or opportunity, loss
of anticipated savings or any other similar or analogous loss resulting from
the User’s access to, or use of, or inability to use the Application whether
based on warranty, contract, tort, negligence, in equity or any other legal
theory, and whether or not the Provider knew or should have known of the
possibility of such damage, injury, illness or business interruption of any
type, whether in tort, contract or otherwise.

8.4.Certain rights and
remedies may be available under the Competition and Consumer Act 2010 (Cth) or
similar legislation of other States or Territories and may not be permitted to
be excluded, restricted or modified. Apart from those that cannot be excluded,
the Provider and the Provider’s related entities exclude all conditions and
warranties that may be implied by law. To the extent permitted by law, the Provider’s
liability for breach of any implied warranty or condition that cannot be
excluded is restricted, at the Provider’s option to:

·      
The
re-supply of services or payment of the cost of re-supply of services; or

·      
The
replacement or repair of goods or payment of the cost of replacement or repair.

8.5.The Shortlyster suite
of psychometric assessments (‘Shortlyster Assessments’) has been developed by
registered psychologists pursuant to relevant psychological theories and
comparative assessments. You acknowledge that Shortlyster Assessments are in
the process of being validated and that the results should be used in the
context of other organisational or recruitment information including but not
limited to, performance reviews, reference checks, job interviews, skills and
qualifications, behavioural testing, and other job-related information about
individual candidates. Under no circumstances should any decisions concerning
an individual’s placement in an organisation or developmental plan be based
solely on the results of a Shortlyster Assessment. None of the Shortlyster
Assessments are designed to make claim on predictive validity and is not
designed to tell you how well a person is likely to perform on a job.

8.6.You acknowledge that
the completion and interpretation of Shortlyster Assessments is at your own
risk. Shortlyster assumes no liability or responsibility for any loss, damage
or injury, and you release and indemnify Shortlyster against any claim, action
or demand due to any damage, loss or injury caused or contributed to by your
use or completion of Shortlyster Assessments.

8.7.Use of the Application
and the Services is at your own risk. Everything on the Application and to the
extent permitted by law, the Service is provided to you “as is” and “as
available”. None of the affiliates, directors, officers, employees, agents,
contributors and licensors of Shortlyster make any express or implied
representation or warranty about the Services or any products or Services
(including the products or Services of Shortlyster) referred to on the
Application including but not limited to loss or damage you might suffer as a
result of any of the following:

·      
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;

·      
the
accuracy, suitability or currency of any information on the Application, the
Services, or any of its Services related products (including third party
material and advertisements on the Application);

·      
costs
incurred as a result of you using the Application, the Services or any of the
products of Shortlyster; and

·      
the
Services or operation in respect to links which are provided for your
convenience.

9.Software-as-a-Service

9.1.The User agrees and
accepts that the Application is:

·      
Hosted
by the Provider and shall only be installed, accessed and maintained by the
Provider, accessed using the internet or other connection to the Provider’s
servers and is not available ‘locally’ from the User’s systems; and

·      
Managed
and supported exclusively by the Provider from the Company servers and that no
‘back-end’ access to the Application is available to the User unless expressly
agreed in writing.

·      
As
a hosted and managed service, the Provider reserves the right to upgrade,
maintain, tune, backup, amend, add or remove features, redesign, improve or
otherwise alter the Application.

10.Data

1.    
The
Provider takes the security of the Application and the privacy of its Users
very seriously. The User agrees that the User shall not do anything to
prejudice the security or privacy of the Provider’s systems or the information
on them.

2.    
The
Provider shall do all things reasonable to ensure that the transmission of data
occurs according to accepted industry standards. It is up to the User to ensure
that any transmission standards meet the User’s operating and legal
requirements.

3.    
The
Provider stores data on servers based in Australia according to accepted
industry standards. If the User requires its User Data to be stored in a
different location, the Provider may charge the User a fee to do so.

4.    
The
Provider shall perform backups of its entire systems in as reasonable manner at
such times and intervals as is reasonable for its business purposes. The
Provider does not warrant that it is able to backup or recover specific User
Data.

11.Disclaimer of
Third-Party Services & Information

11.1.The User acknowledges
that the Application is dependent on third-party services, including but not
limited to:

·      
Banks,
credit card providers and merchant gateway providers;

·      
Telecommunications
services;

·      
Hosting
services;

·      
Email
services; and

·      
Analytics
services.

11.2.The User agrees that
the Provider shall not be responsible or liable in any way for:

·      
Interruptions
to the availability of the Application or the Services due to third-party
services; or

·      
Information
contained on any linked third-party website.

12.Exclusion of Competitors

12.1.If you or any other
entities directly or indirectly affiliated with you in any way are in the
business of providing Services similar to that of Shortlyster, then you are
considered of being in competition with Shortlyster and therefore prohibited to
use or access any information or content on the Application.

12.2.Should you use or
access any information or content on the Application, you will be held fully
responsible by Shortlyster for any loss sustained by Shortlyster as a result of
your actions and held accountable for all profits and other benefits obtained
by your as a result of this breach.

13.Termination of
Contract

13.1.You may terminate this
Terms by providing Shortlyster with seven (7) days written notice of your
intention to terminate to our Customer Service department.

13.2.Shortlyster may at any
time, terminate the Terms with you if:

·      
you
have breached any provision of the Terms or intend to breach any provision;

·      
is
required to do so by law;

·      
Shortlyster
decides to no longer provide the Services to Registered Users in your country
of residence or country of use of the Service; or

·      
the
provision of the Services to you by Shortlyster is, in the opinion of
Shortlyster, no longer commercially viable.

13.3.Subject to local
applicable laws, Shortlyster reserves the right to discontinue or cancel your
membership at any time and may suspend or deny, in its sole discretion, your
access to all or any portion of the Application or the Services without notice
if you breach any provision of the Terms or any applicable law or if your
conduct impacts Shortlyster’s name or reputation or violates the rights of
those of another party.

13.4.Upon termination of
the Terms, all of the legal rights, obligations and liabilities that you and
Shortlyster have benefited from, been subject to or which are expressed to
continue indefinitely, will remain unaffected by this termination, and the
provisions of this clause will continue to apply to such rights, obligations
and liabilities indefinitely.

14. Dispute Resolution

14.1.Should a dispute arise
out of or in relation to the Terms, the parties agree not to immediately resort
to Tribunal or Court proceedings in relation to the dispute, unless urgent
action is required, and will attempt to resolve the dispute as provided for in
this clause.

14.2.In case of a dispute,
the party claiming it is required to provide the other party with a written
notice (‘Dispute Notice’) outlining the nature of the dispute, the desired
outcome and actions to be undertaken in order to reach settlement.

14.3.On receipt of the
Dispute notice the parties must:

·      
Use
their best endeavours to try and resolve the dispute within seven (7) days of
the receipt of the Dispute Notice and if no resolution can be reached, the
parties agree to undergo a mediation;

·      
The
appointment of the mediator must be done by mutual agreement of the parties and
should the parties be unable to reach such agreement the mediator is to be
appointed by the president of The Queensland Law Society;

·      
The
direct costs of the mediation are to be equally borne by the parties;

·      
The
mediation is to be held in Brisbane, Queensland, Australia.

14.4.All information
exchanged between the parties during and in connection with the dispute
resolution process are confidential and all offers, and negotiations made
during the dispute resolution process is to be treated as “without prejudice”.

14.5.Should the parties be
unable to reach settlement and resolve the dispute within twenty-eight (28)
days from receipt of the Dispute Notice despite using their best endeavours to
do so, the parties will be deemed to have satisfied the dispute resolution
process pursuant to this clause.

14.6.Nothing in this clause
prevents a party from obtaining urgent interlocutory relief.

15.Governing Law and
Jurisdiction

This Terms are governed by
and construed in accordance with the law from time to time in force in
Queensland, Australia and the parties submit to the non-exclusive jurisdiction
of the Courts of Queensland.

16.Independent Legal
Advice

Both parties confirm and
declare that the provisions of the Terms are fair and reasonable and both
parties having taken the opportunity to obtain independent legal advice and
declare the Terms are not against public policy on the grounds of inequality or
bargaining power or general grounds of restraint of trade. 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 these Terms.

17.Severance

If any part of these Terms
is found to be void or unenforceable by a Court of competent jurisdiction, that
part shall be severed, and the rest of the Terms shall remain in force.​