This website, app, platform and any service offered under the name “Laddr” (“Platform”) is operated by Dveloper Pty Ltd (ACN 626 111 733) and its related entities or body corporates (“us”, “we” and “our”).
Access to and use of this Platform is subject to you being: a) At least 18 years old and having the legal capacity to enter into a binding contract; and b) If representing an entity, then disclosing all information to us as necessary and indicated in the Platform. Accordingly, by using the Platform and/or providing or accepting any Services, you warrant the above to us. If the above conditions are not satisfied, please cease using the Platform immediately.
You may be required to register on the Platform to access certain features of the Platform.
You will create a username and password. You are responsible for keeping this username and password secure and are responsible for all use and activity carried out under this username. You must not share your account credentials with any third party. We do not authorise anyone to use the Platform on your behalf, and we will not be liable for any loss or damage arising from any kind of unauthorised activity that takes place under your account.
On registration, we may also ask for any other information which we may deem reasonably necessary to enable you to enjoy the benefits of the Platform. We may require you to provide evidence and documents confirming certain information.
If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform.
You must not impersonate some other individual, business or company. In case you try to present yourself as another individual or company, your account may be suspended, and legal action may be taken against you.
You agree not to create an account or use the Platform if you have been previously removed or suspended by us from the Platform.
4. Uploaded Content
It is your responsibility to back up any of Content to your own systems. We do not guarantee that the Platform will always be available at all times.
To the maximum extent permitted by law, you release us and indemnify us from any claim or loss in relation to Content being stored in our servers.
You agree to us sharing your Content (including any part of the Content which constitutes ‘personal information’ under privacy laws) with other Users to the extent required for you to use the Platform and for us to make introductions between Clients and Candidates.
5. Your Conduct
In using the Platform, you must: a) Always act courteously and politely to us and to any other User; b) strictly comply with any policy displayed on the Platform; c) obey all laws whatsoever (including international law) which may apply in respect of your use of the Platform and ensure you do not do anything which is likely to result in you or us breaching any law, regulation, rule, code or other legal obligation. d) not take any action that is likely to impose upon the Platform (or our servers, or the servers of our or third-party suppliers) a disproportionately large load; e) not interfere with the proper working of the Platform or any activities conducted via the Platform, including by using any automated or manual software or process to "crawl", "spider" or engage in similar conduct in relation to the Platform; f) not reverse engineer or otherwise seek to obtain any source code forming part of the Platform; g) not add any Content: i) unless you hold all necessary rights, licences and consents to do so; ii) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, profane, in breach of confidence, in breach of privacy or harassing; iii) that would bring us or the Platform into disrepute; iv) that infringes the rights of any person; v) that you know (or ought reasonably to suspect) is false, misleading, untruthful or inaccurate; vi) that contains unsolicited or unauthorised advertising (including junk mail or spam); or vii) that contains computer or software viruses, files or programs that are designed to interfere with the ordinary functionality of the Platform, or obtain unauthorised access to any system, information, security device belonging to us or any third party. h) not collect or retain any personally identifiable information contained in the Platform; i) not access the Platform by any means other than authorised herein, including virtual private networks which are expressly forbidden; j) not stalk, harass, bully or harm others; and k) not impersonate any person or entity.
6. Our role
You acknowledge and agree that: a) an Engagement is a separate agreement directly between the Client and the Candidate. We are not a party to the Engagement in any way, and its formation will not, under any circumstance, create any relationship of employment, agency, partnership or otherwise between us and you, or us and any User; b) each User is running a separate, independent business from our business. There is no relationship between us and the User beyond that of independent contractors; c) we collect the Referral Fee from the Client as part of an independent contract between us and the Client, and that this does not constitute any relationship between us and the Client beyond that of independent contractors; and d) in relation to each Engagement, it is the Client, not us, who will be solely liable for payment of the Remuneration. We merely act a facilitator for such payment on the Platform and we will not be liable for the Remuneration under any circumstance. You agree that you will not pursue any actions, legal or otherwise, against us for any non-payment, and that this provision constitutes a bar to any such actions or proceedings.
We are not liable in any way for anything which occurs in connection with an Engagement, and accordingly, you provide us with the indemnities and releases in clause 13.
7. Candidate Terms
Once Candidates are introduced to Clients, the Candidates are permitted to negotiate with the Clients in relation to entering into an Engagement.
Candidates agree that if a Candidate enters into an Engagement, the Candidate must execute an Engagement Agreement and provide it to us no later than 5 days after signing.
If a Termination Event occurs within eight (8) weeks of the Start Date, the relevant Candidate must provide to us all reasonable information in relation to the Termination Event.
Currently, we do not collect any fees from Candidates – our only fees are collected from the Employer as a referral fee pursuant to the Additional Employer Terms.
We reserve the right implement a new fee, or modify an existing fee, for certain current or future features of our Platform. If we implement a new or modified fee, we will give you advanced notice such as by posting changes on our Platform or sending you an email.
We have no control over any Remuneration or any fee set out in any Engagement Agreement.
9. Intellectual Property Rights
You acknowledge and agree that the Platform and the content contained therein are protected by copyright, trademarks, service marks, patents, design registrations, and other proprietary rights and laws, and you agree to comply with and maintain all copyright notices and other restrictions on content accessed on or via the Platform.
You must not do anything which breaches or otherwise interferes with our intellectual property rights or the intellectual property rights of any of its third-party licensors. You may not distribute, reproduce, publish, alter, modify or create derivative works from the Platform content without our prior written permission or the relevant third-party licensor or exploit such contents for commercial benefit.
You acknowledge and agree that damages may not be an adequate remedy for a breach of this clause 10 and that equitable or injunctive relief may be necessary.
10. Third party sites
The Platform may contain links to websites that are owned and operated by third parties. This may include other suppliers and service providers who provide goods or services in connection with the Services. We have no control over these external websites, which are governed by terms and conditions and privacy policies independent of us.
11. Disclaimer and limitation of liability
To the maximum extent permitted by law, we exclude all Warranties whatsoever unless expressly stated, including but not limited to in relation to any use of the Platform, any User or any Services offered.
You acknowledge that when you use the Platform, enter into an Engagements, and provide or receive Services, you do so entirely at your own risk and relying on your own enquiries and judgement. It is your responsibility to conduct background checks and verify any potential User you deal with.
WE DO NOT VET, ENDORSE OR RECOMMEND (INCLUDING WHEN WE MAKE AN INTRODUCTION) ANY PARTICULAR USER, AND ANY RATING INFORMATION DISPLAYED (IF ANY) ON THE PLATFORM CONSISTS OF STATEMENTS OF OPINION AND NOT STATEMENTS OF FACT OR RECOMMENDATIONS. WE MAKE NO WARRANTIES WHATSOEVER IN RELATION TO ANY USER.
Any advice provided on the Platform is of a general nature only.
We provide the Platform on an “as is” and on an “as available” basis without any Warranties as to continuous, uninterrupted or secure access to the Platform, that its servers are free of computer viruses, bugs or other harmful components, that defects will be corrected, or that you will not have disruption or other difficulties in using the Platform.
All subclauses of this clause 12 are cumulative to one another.
12. Release and Indemnity
You agree to release the Released Parties from all Loss or Claims arising out of or in any way connected with any Relevant Matter. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
You agree to indemnify, defend and hold harmless the Released Parties from any Loss or Claims arising out of or in any way connected with any Relevant Matter.
All notices must be in writing and must be made through the Platform or by email. Notices are taken to be read on the day they are received, unless they are received after 5 PM or not on a business day in New South Wales, in which case they are deemed to be received on the next business day in New South Wales.