Terms of Use

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ROOKI CAREERS PTY LTD ACN 698 849 526

Background

Thank you for visiting our Terms of Use (Agreement), we are ROOKI CAREERS PTY LTD ACN 698 849 526 (we, our, us and other similar terms). We provide an online platform that connects young Australians with employers and training providers through a career assessment, job board and talent matching engine known as RooKi (RooKi).

This Agreement applies to you only if you are a Student or an Employer using RooKi.

This Agreement outlines the terms and conditions associated with your use of RooKi. It is your obligation to ensure that you have read, understood and agree to the most recent terms available on our Website.

Agreement

Accepting this Agreement

By creating a RooKi Account, you agree to comply with and be legally bound by the terms and conditions of this Agreement. If you do not agree to these terms, you have no right to access, create an Account or continue using RooKi.

You must not use RooKi if you are not able to form legally binding contracts. If you create an Account on behalf of your employer or any other entity, you represent and warrant you hold authority to enter into this Agreement on behalf of that entity and that the entity will comply with the obligations contained herein. If you are an Employer, you also represent and warrant that you hold a valid ABN.

About this Agreement

Throughout the Agreement we use some capitalised words and phrases, like the word Agreement. These capitalised words and phrases are defined throughout this Agreement and in clause 19. They aid to clarify the terms and conditions.

Please feel free to email us athello@rooki.auif you have any questions.

Disclaimers

Not a party

RooKi is an online platform that provides the tools which allow Students to explore careers, build a profile and apply for job roles, and which allow Employers to advertise roles and find candidates. What happens between a Student and an Employer is a matter between them. We are not an employment agency, a labour hire provider, a recruiter or a careers adviser. We do not act as agent for a Student or for an Employer, and we are not a party to any application, engagement, contract of employment or other arrangement between them.

Limits on credibility of other users or content

We take reasonable steps to check an Employer is a genuine business before a job listing goes live, including checking their ABN against the Australian Business Register. We will look into any Employer or listing you report, and we can remove content that breaches this Agreement. However, beyond that we do not investigate, endorse, verify or vet any Employer, Student, job listing, profile, endorsement or other content on RooKi. Information on RooKi is largely produced and provided by other users and we do not confirm that it is true, accurate, current or lawful. You are responsible for making your own enquiries before you act on anything you find on RooKi.

No guarantee of outcome

We do not guarantee that a Student will receive an interview, an offer of employment or a response of any kind, and we do not guarantee that an Employer will receive any job application or find a suitable candidate. Nothing on RooKi constitutes a promise or professional advice.

Career assessments

The career assessment feature is only a career guidance tool. It is not a psychological, psychometric, clinical or medical assessment and is not administered or interpreted by a career specialist or psychologist, and it does not measure intelligence, aptitude or personality in a clinically validated way. Your assessment results are generated automatically from your answers, are indicative only, and do not constitute advice. Do not rely on them alone when making decisions about your education, training or career.

Term

This Agreement will commence when you first access RooKi and applies to any use of RooKi. If you create an Account for RooKi this Agreement will continue for the Subscription Period or until the date of termination of this Agreement in accordance with clause 17.

If this Agreement is not terminated in accordance with clause 17, and where you have an Account, prior to the expiry of the then current Subscription Period, this Agreement will automatically renew for a period equal to the current Subscription Period.

Licence

We grant you a non-transferable, non-exclusive and revocable licence to access RooKi for the Subscription Period, subject to any Usage Restrictions and conditional upon your compliance with the terms and conditions of this Agreement.

The features available to you are determined by the inclusions and Usage Restrictions as set out in the Subscription Package you select. You acknowledge and agree that if you exceed any Usage Restrictions or wish to make use of alternate or new features of RooKi you may be required to upgrade your Subscription Package or pay additional fees.

Payment

Unless stated otherwise, any applicable Subscription Fees and GST must be paid at the beginning of each Subscription Period.

Unless expressed otherwise, Subscription Fees are quoted in Australian Dollars and are inclusive of GST but exclusive of other withholding taxes, duties, tariffs and charges imposed or levied overseas, in connection with this Agreement.

You are responsible for all bank fees and charges applied by the payment gateway provider, which you choose to use.

Requirements for use

Access

You acknowledge and agree that RooKi will only be accessible using the internet and, other than those features of RooKi which we make available publicly, by users with a valid Account and will not operate as anticipated "locally" from your own servers or devices without such access.

In order to make full use of any mobile application version of RooKi you must allow your device access to certain services including data connectivity, email, address book, SMS, location services, camera and storage.

Support

Support for RooKi is provided in accordance with the support arrangements as set out on our Website and may vary from time to time.

RooKi outages and system maintenance

If it is necessary to interrupt your use of RooKi, we will endeavour to provide you with reasonable notice (where possible) of when, and the anticipated duration for which, RooKi will be unavailable.

You acknowledge access to RooKi may be changed, interrupted or discontinued for many reasons, some of which are beyond our control and during routine maintenance there may be updates to RooKi which may change the interface and manner in which it functions.

To the maximum extent permitted at law, we are not liable for any loss, foreseeable or not, arising from any interruption to access RooKi, whether planned or not, and any such interruptions will not constitute a breach by us of this Agreement.

Your use of RooKi

Registering an Account

If you are a Student, you may use the public facing functionality of RooKi, including completing a career assessment. However, you acknowledge and agree that to access the full functionality of RooKi as a Student or Employer, you are required to provide us with Personal Information and create an Account with us.

You agree to provide any information reasonably requested by us for the purpose of setting up your Account. You warrant that all of the information you provide to us is accurate and complete in all respects, you will inform us by updating your Account details whenever any such information changes and you will not provide false or misleading information.

Account security

Maintaining the security of your Account is important to ensuring your Personal Information, and that data which we process, remains safe. We work hard to keep RooKi secure and we ask you to contribute.

You agree not to request or allow another person to create an Account on your behalf, for your use, or for your benefit, except that an authorised employee or agent may create an Account on behalf of an Employer. You also agree not to disclose your Account security credentials to another person or permit them to access your Account. You are responsible for the activities undertaken using your Account which occur via RooKi, whether such activities are authorised by you or not.

Notifications

RooKi provides features whereby you may set up notifications, including job alerts, so that you are aware of activity relevant to you. By using RooKi, you consent to us providing relevant notifications via electronic messaging systems. You are solely responsible for configuring and disabling the notification options made available to you.

You acknowledge and agree that notifications are a convenience only. They depend on your device, your notification settings, Third Party Services and your network, and they may be delayed, duplicated or not delivered at all.

Lawful use of RooKi

You undertake not to upload, store or access any data on or use RooKi, if such use, access or storage would infringe a person’s Intellectual Property right, breach any Privacy Law or breach any other law or applicable code (including any common law, statute, delegated legislation, rule or ordinance of the Commonwealth, or a State or Territory of Australia).

Conduct which is expressly prohibited

You must not:

• use or include any part of RooKi in any service bureau or fee generating service offered to third parties;
• in any way tamper with, hinder or modify RooKi;
• use automated means to upload content, log in or attempt to log into an Account, download or otherwise access RooKi or its content, in any way other than by features we make available to you;
• attempt to gain unauthorised access to or impair any aspect of RooKi;
• provide false or misleading information including creating an Account in a name that is not your own, impersonating another person, or misrepresenting your age, your identity or your affiliation with any person or organisation;
• use RooKi directly or indirectly for any unlawful activity or transmit any information or material unlawfully, or which is obscene, indecent, uses offensive language, defames, abuses, harasses, stalks, threatens, menaces or offends any person;
• knowingly transmit any viruses or other disabling features to or via RooKi;
• use any screen capture, data mining, robot, crawler or similar data gathering, reproduction or data extraction tools to collect information from RooKi or our Website for any purpose including the sending of unsolicited emails, soliciting our or another user’s clients, building or supplementing a database of candidates, duplicating the content of RooKi, or for the purpose of developing a competing product;
• intentionally disable or circumvent any protection or disabling mechanism of RooKi;
• install or store any software applications, code or scripts on or through RooKi;
• if you are an Employer, charge or ask a Student to pay, any fee or cost in connection with any job listing, an application, or a recruitment process conducted through RooKi or contact a Student through or as a result of RooKi for any purpose other than a genuine recruitment purpose, including to market goods or services to them;
• collate any data from RooKi for the purposes of commercialising that data;
• use RooKi in any way which could be reasonably expected to interfere with or damage our systems, any other operator's systems, or another user's enjoyment of RooKi; or
• attempt, facilitate or assist another person to do any of the above acts.

Our right to suspend

We reserve the right to limit or suspend your licence to access RooKi if you fail to pay any applicable Subscription Fee, or if in our reasonable opinion, you are in breach of any of your obligations or warranties in this Agreement. Suspending your Account will not constitute a breach of this Agreement by us, nor will it alter your obligation to pay any applicable Subscription Fee.

We may also suspend your Account if we suspect a security breach associated with your Account or otherwise identify unusual activity.

App Marketplace Providers

The RooKi mobile application may be made available from Google Play and the Apple App Store (App Marketplace Providers).

This Agreement is between us and you only. We, and not the App Marketplace Provider, are responsible for RooKi, and we are solely responsible for:

• its support and maintenance;
• the investigation, defence, settlement and discharge of any claim which relates to an infringement of third-party Intellectual Property rights arising from the use of RooKi; and
• any claim RooKi fails to conform to any applicable legal or regulatory requirement, including product liability claims and claims arising under consumer protection laws.

The App Marketplace Provider’s liability to you is limited to the refund of the purchase price of RooKi and any other remedies under consumer protection law. Your right to use the mobile version of RooKi is non-transferable and non-sublicensable, except to the extent the App Marketplace Provider permits family sharing or like sharing arrangements.

The App Marketplace Provider may monitor your use of RooKi and is entitled to enforce the terms of this Agreement against you. You agree to submit to their legitimate enforcement activities.

If there is any inconsistency between this Agreement and the application use rules set out in the App Marketplace Provider’s terms of service, their terms of service will prevail to the extent of the inconsistency.

You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and you are not listed on any U.S. Government list of prohibited or restricted parties.

Privacy

You agree and consent to us obtaining, handling and sharing your Personal Information in accordance with our Privacy Policy. We may amend our Privacy Policy in our sole discretion. If we amend our Privacy Policy, we will post the new version on our Website.

Where you engage with another user of RooKi, you authorise us to share your Personal Information and Submitted Content with such other users as would be reasonably expected with reference to the type of interaction you have with them and the features made available through RooKi.

Certain features of RooKi allow you to make information publicly available (including a public link to your profile or to your career assessment results). You are solely responsible for reviewing and confirming the information prior to making it publicly available. When you make such information publicly available, you do so solely at your own risk.

Language Models

RooKi includes features that use Language Models including the ability to generate draft resumes or cover letters from the information in your profile, to help an Employer draft a job listing or to help produce career matches and recommendations. These features are designed to support your use of RooKi.

You acknowledge and agree that the use of any Language Models within RooKi carries a statistical degree of uncertainty and their capability is limited to and reflective of their training data. Language Models do not fully grasp contextual nuances or derive information from authoritative and verified sources. As such, the production of Hallucinations is common in results derived from Language Models, and any output produced by these features may be inaccurate, incomplete or misleading.

You acknowledge and agree that outputs generated by Language Models are for informational purposes only and do not constitute careers, educational, employment or other professional advice. You must not rely on any output as an authoritative source of information, and any output, including its accuracy and appropriateness, must be independently reviewed and verified by you before you act on it or share it with others.

If you use a Language Model feature to produce content, including a resume or cover letter such generated content is only a draft version. It may contain errors, omissions, or statements which are not accurate. You are responsible for reviewing and correcting it before you use it, and you remain responsible for anything you share or display to another user of RooKi. We do not warrant that any output is original or unique to you. Similar inputs may produce similar outputs for different users. Using a Language Model feature does not reduce your obligations under this Agreement, or your responsibility for the accuracy of anything you publish or submit.

Third Party Services

Certain components or features of RooKi may interface with applications and Language Models or include links, data, resources, services and/or content that are provided or operated by third party service providers including but not limited to payment, authentication, hosting, email, artificial intelligence and analytics services, and links to courses, programs or websites operated by training providers, other users of RooKi or other third parties (Third Party Services).

You acknowledge and agree that, subject to any Non-excludable Condition, we are not liable for:

• the availability of such Third Party Services;
• any data, output, content, advertising or materials made available or generated through such Third Party Services; or
• any damages you incur or allege to incur, either directly or indirectly as a result of your use and/or reliance upon any such Third Party Services.

Submitted Content and Intellectual Property

Your Submitted Content

If you provide us with content, including, without limitation, text, photos, images, audio, video, code and any other materials whether they relate to job listings, job applications or any other purpose (Submitted Content), your Submitted Content stays yours. This Agreement does not transfer ownership of Submitted Content to us.

When you provide Submitted Content, you grant us a non-exclusive, worldwide, perpetual, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that Submitted Content works better with RooKi), communicate, publish, display and distribute Submitted Content for the purposes of allowing us to provide, improve, promote and protect RooKi. You waive any claims against us relating to any moral rights or similar rights worldwide that you may have in the Submitted Content.

You represent that you own all rights to your Submitted Content or otherwise have (and will continue to have) all rights and permissions to legally use, share, display, transfer and license your Submitted Content to the extent that it is used within RooKi.

While we reserve the right to take down any Submitted Content which is in breach of this Agreement, you acknowledge and agree we are not required to monitor Submitted Content, nor are we responsible for it.

Use of our Intellectual Property

We warrant we own or have a licence to use the Intellectual Property in RooKi. You must not do any of the following, assist anyone to do any of the following or permit any person over whom you have effective control to:

• create an adaptation or translation of, all or part of RooKi in any way;
• use RooKi in a manner which may infringe any other person’s Intellectual Property;
• incorporate all or part of RooKi in any other webpage, site, application or other digital or non-digital format; or
• except to the extent that reproduction occurs automatically through its ordinary use, directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, content, architecture, or algorithms contained in RooKi.

Warranties

Subject to the Non-excludable Conditions and to the maximum extent permitted at law, we make no warranties or guarantees that RooKi or any generated outputs are fault free, regarding RooKi’s fitness for any particular purpose which we have not expressed, or regarding your access to, or the results of your access to, RooKi including its correctness, accuracy, timeliness, completeness, reliability or otherwise.

Limitation of liability

Implied conditions

The parties expressly exclude all conditions, warranties and other terms which might otherwise be implied by any law, regulation, statute, common law or law of equity except any Non-excludable Condition.

Limitation of liability

Subject to the Non-excludable Conditions and to the maximum extent permitted at law, we exclude all other liability for any costs, including consequential losses, suffered or incurred directly or indirectly by you in connection with this Agreement, including:

• RooKi being temporarily inaccessible for any reason;
• incorrect or corrupt data, lost data, or any inputs or outputs of RooKi;
• computer virus, trojan and other malware in connection with RooKi;
• any statistical uncertainties and Hallucinations produced or otherwise associated with any Language Model used in RooKi;
• any alert or notification which is delayed, duplicated or not delivered;
• security vulnerabilities in RooKi or any breach of security that results in unauthorised access to, or corruption of data;
• any unauthorised activity in relation to RooKi;
• the occurrence of an Event of Force Majeure; or
• any act or omission by you, your personnel, your associates or any related body corporate under or in relation to this Agreement.

Limits to liability associated with goods and services

To the maximum extent possible under the law, we limit our liability for any breach to: in the case of goods: the re-supply of the goods or payment of the cost of the re-supply of the goods, or the replacement or repair of the goods or payment of the cost of replacement or repair of the goods; and in the case of services: the resupply of the services or the payment of the cost of having the services resupplied.

Indemnity

You indemnify us against all costs suffered or incurred by us, however caused, arising wholly or partially, directly or indirectly from your infringement of any third party Intellectual Property rights, any interactions or contracts you form with other users of RooKi, or your breach of any law associated with this Agreement.

Contribution

Neither party will be liable to the other whether in contract, tort (including negligence) or otherwise in connection with this Agreement, for loss or damage to the extent that the other party (or the other party’s personnel) contributed to the loss or damage.

Dispute Resolution

A party claiming a dispute has arisen under this Agreement (Dispute) must give written notice to the other party specifying the nature of the Dispute. The parties must submit themselves to the dispute resolution procedure set out in this clause 16 before commencing any legal proceedings.

If the parties cannot resolve the Dispute between themselves within 30 days then either party may require the Dispute to be referred for mediation. The mediation must be undertaken in accordance with the Resolution Institute Mediation Rules, within the jurisdiction of the Agreement and, unless otherwise agreed between the parties, using a mediator nominated by the Resolution Institute. If the Dispute is not resolved within 30 days of the mediation commencing either party may commence proceedings in respect of the Dispute.

Each party must pay its own internal and legal costs in relation to complying with this clause 16. The mediator’s costs are to be shared equally.

The parties acknowledge and agree this clause 16 does not apply to the recovery of any debt or prevent a party from instituting proceedings for the purposes of seeking urgent injunctive or similar interim relief from a court.

Termination

Termination by either party

Either party may terminate this Agreement by providing notice in writing to the other party, if the other party commits a material breach of this Agreement and the breach is incapable of being remedied or if the breach is capable of being remedied, the party in breach has failed to remedy the breach within 14 days after the receipt of notice to remedy.

You may terminate this Agreement with us immediately by ceasing your use of RooKi if you are using a public facing functionality, or where you have an Account by closing any RooKi Account you have, and/or notifying us in writing. For the avoidance of doubt, where you have an Account, closing your Account via the facilities made available to you, constitutes notice in writing to us of your intention to terminate.

We may end this Agreement if we cease to provide RooKi or your Account remains suspended for a period of more than 28 days; or for any other reason after notifying you 30 days in advance of our intention to terminate this Agreement. You acknowledge and agree that if we provide notice in writing via email, then that constitutes sufficient notice in writing from us and is effective from the date the email was sent.

Where termination occurs prior to any Subscription Period, this Agreement ends at the end of the then current Subscription Period. Notwithstanding anything to the contrary, any Subscription Package which does not include a periodic pricing component will terminate immediately at the end of the stated term.

Actions upon termination

Upon termination you must immediately stop using RooKi; we reserve the right to permanently erase any data associated with your Account; and you will no longer have access to your Account.

General

Assignment — Neither party may assign, encumber, declare a trust over or otherwise create an interest in its rights in this Agreement without the other party’s consent, which must not be unreasonably withheld.

Entire Agreement — This Agreement contains the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by this Agreement and has no further effect.

Governing law — The laws of Queensland govern this Agreement. The parties submit to the exclusive jurisdiction of courts exercising jurisdiction there.

Notices — The parties agree all notices, disclosures and other communications that are provided in accordance with this clause, satisfy any legal requirement that such communications be in writing. Any communication under or in connection with this Agreement:

• which we send to you, will be sent to the email address provided to us in your Account and by accepting these terms you give your consent to receive communications from us by email; and
• which you send, must be either delivered or posted by prepaid post to our registered office or sent by email to our email address set out at clause 2.2.

Relationship — Nothing in this Agreement is intended to create or be construed as creating a relationship of agency, joint venture or partnership between any of the parties.

Severability — Any provision of this Agreement which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make this Agreement enforceable, unless this would materially change its intended effect.

Variations to this Agreement — We may vary this Agreement by giving written notice to you. If you do not accept the terms of the variation, you may terminate your Subscription Package in accordance with clause 17.1. Where you have a periodically renewing Subscription Package, the variation takes effect at the beginning of the next Subscription Period.

Definitions

Unless the terms and conditions of the Agreement state otherwise, the following expressions used in this Agreement have the following meanings:

Account means the username and access credentials used when you access RooKi.

Agreement means these terms and conditions and any document incorporated into them by reference.

Employer means a person or entity that posts job listings, receives applications or searches for Students through RooKi.

Event of Force Majeure means an act of war (whether declared or not) or terrorism, the mobilisation of armed forces, civil commotion or riot, natural disaster, health epidemic, industrial action or labour disturbance, currency restriction, embargo, action or inaction by a government, a failure of a supplier, public utility or common carrier or computer disruption due to the effects of a computer virus, trojan, malware, a ransomware attack or other malicious code.

Hallucination means any false or misleading information presented as fact by Language Models.

Intellectual Property means all present and future rights conferred by statute, common law or equity (and all moral rights) in or in relation to business names, domain names, circuit layouts, computer code, confidential information, copyright, designs, formulas, inventions, knowhow, patents, trade marks, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic field, the benefit of any application to register such a right and the benefit of any renewal or extension of such a right.

Language Model means a machine learning or other artificial intelligence system trained or trainable on data inputs, tailored to understanding, generating or extracting information from natural language text, documents or data.

Non-excludable Condition means any guarantee, condition or warranty (such as the consumer guarantees implied by the Competition and Consumer Act 2010 (Cth)), which cannot by law be excluded.

Personal Information means information or an opinion about an identifiable individual (not a company), whether or not that information or opinion is true or in a material form.

Privacy Law means both the privacy laws in the jurisdiction in which you operate and thePrivacy Act 1988 (Cth) incorporating the Australian Privacy Principles.

Privacy Policy means the privacy policy available on our Website as amended by us from time to time.

Subscription Fee means the periodic price for the RooKi Subscription Package as set out on our Website, and if no price is specified, then the use of RooKi is free.

Subscription Package means any of the Student or Employer subscription packages advertised on our Website from time to time.

Subscription Period means the period of time attached to the Subscription Package which you sign up for. For the avoidance of doubt Subscription Packages may renew periodically or be designated as once off.

Student means a individual including those who create a profile, completes our career assessment or applies for roles through RooKi.

You or your means the Student or Employer using RooKi.

Us, we or our means ROOKI CAREERS PTY LTD ACN 698 849 526.

Usage Restrictions means any limits to your use of RooKi as set out in the details of the Subscription Package you procure.

Website means the website located athttps://rooki.au/and any of its subdomains.