Terms and Conditions

1 February 2022


We want to connect leading companies and recruiters with the world’s accounting and finance professionals. Our Platform is designed to enable companies and recruiters to find candidates for their businesses or clients.


Introduction


1.1 Contract

1.    When you use our Platform you agree to all of these terms. Your use of our Platform is also subject to our Cookie Policy and our Privacy Policy, which covers how we collect, use, share and store your personal information.

You agree that by clicking “Join Now”, “Join Kandidit.com”, “Sign Up” or similar, registering, accessing or using our Platform (described below), you are agreeing to enter into a legally binding contract with Kandidit.com (even if you are using our Platform on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Join Now” (or similar) and do not access or otherwise use any of our Platforms. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Platform. Please email us at hello@kandidit.com to close your account.


Platform

This Contract applies to Kandidit.com, Kandidit.com-branded apps, and other Kandidit.com-related sites, apps, communications and other Platforms that state that they are offered under this Contract (“Platform”). Registered users of our Platform are “Candidates” or “Companies” and unregistered users are “Visitors”.


Kandidit.com

You are entering into this Contract with Kandidit.com (also referred to as “we” and “us”).

Kandidit.com will be the controller of your personal data provided to, collected by or for, or processed in connection with our Platform.

This Contract applies to Candidates, Companies and Visitors.

As a Visitor, Candidate or Company of our Platform, the collection, use and sharing of your personal data is subject to the Privacy Policy (which includes our Cookie Policy and other documents referenced in the Privacy Policy) and updates.


1.2 Candidates, Companies and Visitors

When you register and join the Kandidit.com Platform, you become a Candidate or Company. If you have chosen not to register for our Platform, you may access certain features as a “Visitor.”


1.3 Change

We may make changes to the Contract.

We may modify this Contract, our Privacy Policy and our Cookies Policy from time to time. If we make material changes to it, we will provide you notice through our Platform, or by other means, to provide you with the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you object to any changes, you may close your account. Your continued use of our Platform after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms as of their effective date.


2. 2. Obligations


2.1 Platform Eligibility

Here are some promises that you make to us in this Contract:

You’re eligible to enter into this Contract and you are at least our “Minimum Age.”

The Platform are not for use by anyone under the age of 18.

To use the Platform, you agree that: (1) you must be the “Minimum Age” (described below) or older; (2) you will only have one Kandidit.com account, which must be in your real name; and (3) you are not already restricted by Kandidit.com from using the Platform. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 18.

“Minimum Age” means 18 years old. However, if the law requires that you must be older in order for Kandidit.com to lawfully provide the Platform to you without parental consent (including using your personal data) then the Minimum Age is such older age.


2.2 Your Account

You will keep your password a secret

You will not share an account with anyone else and will follow our rules and the law.

Candidates and Companies are account holders. You agree to: (1) use a strong password and keep it confidential and (2) follow the law and our list of Dos and Don’ts and the Platform policies. You are responsible for anything that happens through your account unless you close it or report misuse.

As between you and others (including your employer), your account belongs to you. However, if the Platform were purchased by another party for you to use (e.g. Recruiter seat bought by your employer), the party paying for such Platform has the right to control access to and get reports on your use of such paid Platform; however, they do not have rights to your personal account


2.3 Payment

You’ll honour your payment obligations and you are okay with us storing your payment information. You understand that there may be fees and taxes that are added to our prices.

Refunds are subject to our policy.

If you buy any of our paid Platforms (“Premium Lite” or “Premium” Platform), you agree to pay us the applicable fees and taxes specific to the paid Platform. Failure to pay these fees will result in the termination of your paid Platform. Also, you agree that:

·      Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).

·      We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Platform and to use to pay other Platforms you may buy.

·      If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date. Email us at hello@kandidit.com to cancel or suspend your Premium Lite or Premium Platform.

·      All of your purchases are subject to Kandidit.com’s refund policy.

·      We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.


Premium Accounts

a)   Premium Lite

·     Unless separately agreed otherwise, any fees shall be charged monthly in advance.

·     Monthly subscriptions may be cancelled upon written notice to Kandidit.com. There will be no pro-rata refund for the month already billed, but the company will have access to their Premium Lite account until the end of the current billed month.

b)   Premium

·     Unless separately agreed otherwise, any fees shall be charged yearly in advance.

·     Yearly subscriptions may be cancelled upon written notice to Kandidit.com, provided that such notice may only be given by the company to Kandidit.com after 6 months have expired since the commencement date of the subscription period.

You can email us at hello@kandidit.com to cancel your subscription.

You can get a copy of your invoice through your Kandidit.com account settings.


2.4 Notices and Messages

You’re okay with us providing notices and messages to you through our websites, apps, and contact information. If your contact information is out of date, you may miss out on important notices.

You agree that we will provide notices and messages to you in the following ways: (1) within the Platform, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.


2.5 Sharing

When you share information on the Platform, others can see, copy and use that information.


Our Platform allows messaging and sharing of information in many ways, such as your profile, messages and emails. Information and content that you share or post may be seen by other Candidates, Employers, Visitors or others (including off of the Platform). Please note that Kandidit.com is a platform for ACTIVE job seekers to make their profiles PUBLIC to companies and recruiters. If your current employer is a registered user with a company profile they can see that you are actively in the market.

We are not obligated to publish any information or content on the Platform and can remove it with or without notice.


Key terms 


3. Rights and Limits


3.1. Your License to Kandidit.com

You own all of the content, feedback and personal information you provide to us, but you also grant us a non-exclusive license to it.

As between you and Kandidit.com, you own the content and information that you submit or post to the Platform, and you are only granting Kandidit.com and our affiliates the following non-exclusive license:

A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process, information and content that you provide through our Platform and the Platform of others, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:

1.    You can end this license for specific content by deleting such content from the Platform, or generally by closing your account, except (a) to the extent you shared it with others as part of the Platform and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.

You and Kandidit.com agree that we may access, store, process and use any information and personal data that you provide in accordance with, the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding our Platform to Kandidit.com, you agree that Kandidit.com can use and share (but does not have to) such feedback for any purpose without compensation to you.

You promise to only provide information and content that you have the right to share, and that your Kandidit.com profile will be truthful.

You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. Kandidit.com may be required by law to remove certain information or content in certain countries.


3.2 Platform Availability

We may change or end any Platform or modify our prices prospectively.

We may change, suspend or discontinue any of the Platforms. We may also modify our prices effective prospectively upon reasonable notice to the extent allowed under the law.

We don’t promise to store or keep showing any information and content that you’ve posted. Kandidit.com is not a storage Platform. You agree that we have no obligation to store, maintain or provide you with a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.


3.3 Information and content from Companies and Recruiters via “messaging” or “email” Platform

Your use of information and content is at your own risk.

Companies and Recruiters offer their own offers through our “messaging” or “email” Platform, and we aren’t responsible for those third-party activities.

By using the “messaging” or “email”, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Kandidit.com generally does not review content provided by our Companies, Recruiters or others. You agree that we are not responsible for others’ (including other Candidates, Companies, Recruiters or others) content or information. We cannot always prevent this misuse of our “messaging” or “email” Platform, and you agree that we are not responsible for any such misuse.

Kandidit.com may help connect Candidates offering their services or skills (finance, accounting, etc.) with Companies and Recruiters. Kandidit.com does not perform nor employs individuals on the Platform. You must be at least 18 years of age to offer, perform or procure these services on the Platform. You acknowledge that Kandidit.com does not supervise, direct, control or monitor Candidates in the performance of the Platform and agree that (1) Kandidit.com is not responsible for the offering, performance or procurement of the Platform, (2) Kandidit.com does not endorse any particular Candidate’s or Company’s offered services or skills, and (3) nothing shall create an employment, agency, or joint venture relationship between Kandidit.com and any Candidate or Company offering services or skills. If you are a Candidate on the Platform, you represent and warrant that you have all the required licenses and will provide services and skills consistent with finance and accounting practices.


3.4 Limits

We have the right to limit interaction on our platform.

Kandidit.com reserves the right to limit your use of the platform. Kandidit.com reserves the right to restrict, suspend, or terminate your account if you breach this Contract or the law or are misusing the platform (e.g., violating any of the Dos and Don’ts).


3.5 Intellectual Property Rights

We’re providing you with a notice about our intellectual property rights.

Kandidit.com reserves all of its intellectual property rights on this platform. Trademarks and logos used in connection with the platform are the trademarks of their respective owners. Kandidit.com and other Kandidit.com trademarks, Platform marks, graphics and logos used for our platform are trademarks or registered trademarks of Kandidit.com.


3.6 Automated Processing

We use data and information about you to make relevant suggestions to you and others.

We use the information and data that you provide and that we have about Candidates to make recommendations for companies, content and features that may be useful to you. For example, we use data and information about you to recommend your skillset to companies and recruiters. Keeping your profile accurate and up to date helps us to make these recommendations more accurate and relevant.


Key Terms 


4. 4. Disclaimer and Limit of Liability


4.1 No Warranty

This is our disclaimer of legal liability for the quality, safety, or reliability of our Platform.

KANDIDIT.COM AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE PLATFORM, INCLUDING ANY REPRESENTATION THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE PLATFORM (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, KANDIDIT.COM AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.


4.2 Exclusion of Liability

These are the limits of legal liability we may have to you.

TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS KANDIDIT.COM HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), KANDIDIT.COM, INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWNTIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.

KANDIDIT.COM AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO KANDIDIT.COM FOR THE PLATFORM DURING THE TERM OF THIS CONTRACT, IF ANY, OR (B) AUD $1.


4.3 Basis of the Bargain; Exclusions

The limitations of liability in this Section 4 are part of the basis of the bargain between you and Kandidit.com and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if Kandidit.com or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.

These limitations of liability do not apply to liability for death or personal injury or for fraud, gross negligence or intentional misconduct, or in cases of negligence where a material obligation has been breached, a material obligation being such which forms a prerequisite to our delivery of Platform and on which you may reasonably rely, but only to the extent that the damages were directly caused by the breach and were foreseeable upon conclusion of this Contract and to the extent that they are typical in the context of this Contract.


5. Termination

We can each end this Contract, but some rights and obligations survive.

Both you and Kandidit.com may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Platform. The following shall survive termination:

·      Our rights to use and disclose your feedback;

·      Candidates, Companies and/or Visitors’ rights to further re-share content and information you shared through the Platform;

·      Any amounts owed by either party prior to termination remain owed after termination.


Premium Accounts:

a)   Premium Lite

·     Unless separately agreed otherwise, any fees shall be charged monthly in advance.

·     Monthly subscriptions may be cancelled upon written notice to Kandidit.com. There will be no pro-rata refund for the month already billed, but the company will have access to their Premium Lite account until the end of the current billed month.

b)   Premium

·     Unless separately agreed otherwise, any fees shall be charged yearly in advance.

·     Yearly subscriptions may be cancelled upon written notice to Kandidit.com, provided that such notice may only be given by the company to Kandidit.com after 6 months have expired since the commencement date of the subscription period.

You can email us at hello@kandidit.com to cancel your subscription.


6. Governing Law and Dispute Resolution

In the unlikely event we end up in a legal dispute, you and Kandidit.com agree to resolve it in Australian courts using Australian law.

This section shall not deprive you of any mandatory consumer protections under the law of the country to which we direct the Platform to you, where you have your habitual residence. 

You and Kandidit.com agree that the laws of Australia, shall exclusively govern any dispute relating to this Contract and/or the Platform. You and Kandidit.com both agree that all claims and disputes can be litigated only in the federal or state courts in Australia, and you and Kandidit.com each agree to personal jurisdiction in those courts


7. General Terms

Here are some important details about the Contract.

If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.

This Contract (including additional terms that may be provided by us when you engage with a feature of the Platform) is the only agreement between us regarding the Platform and supersedes all prior agreements for the Platform.

If we don't act to enforce a breach of this Contract, that does not mean that Kandidit.com has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your Candidateship or Company Profile or use of the Platform) to anyone without our consent. However, you agree that Kandidit.com may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.

You agree that the only way to provide us with legal notice is at the addresses provided in Section 10.


8. Kandidit.com “Dos and Don’ts”

Kandidit.com is a platform for professionals. This list of “Dos and Don’ts” along with our Professional Platform Policies limit what you can and cannot do on the Platform.


8.1. Dos

You agree that you will:

3.    Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;

4.    Provide accurate information to us and keep it updated;

5.    Use your real name on your profile; and

6.    Use the Platform in a professional manner.


8.2. Don’ts

You agree that you will not:

7.    Create a false identity on Kandidit.com, misrepresent your identity, create a Candidate or Company profile for anyone other than yourself (a real person or company), or use or attempt to use another’s account;

8.    Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Platform or otherwise copy profiles and other data from the Platform;

9.    Override any security feature or bypass or circumvent any access controls or use limits of the Platform (such as caps on keyword searches or profile views);

10. Copy, use, disclose or distribute any information obtained from the Platform, whether directly or through third parties (such as search engines), without the consent of Kandidit.com;

11. Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));

12. Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license;

13. Violate the intellectual property or other rights of Kandidit.com, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open-source licenses; (iii) using the word “Kandidit.com” or our logos in any business name, email, or URL;

14. Post anything that contains software viruses, worms, or any other harmful code;

15. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Platform or any related technology that is not open-source;

16. Imply or state that you are affiliated with or endorsed by Kandidit.com without our express consent (e.g., representing yourself as an accredited Kandidit.com trainer);

17. Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Platform or related data or access to the same, without Kandidit.com’s consent;

18. Deep-link to our Platform for any purpose other than to promote your profile or a Company on our Platform, without Kandidit.com’s consent;

19. Use bots or other automated methods to access the Platform, add or download contacts, send or redirect messages;

20. Monitor the Platform’ availability, performance or functionality for any competitive purpose;

21. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Platform;

22. Overlay or otherwise modify the Platform or their appearance (such as by inserting elements into the Platform or removing, covering, or obscuring an advertisement included on the Platform);

23. Interfere with the operation of, or place an unreasonable load on, the Platform (e.g., spam, denial of Platform attack, viruses, gaming algorithms); and/or

24. Violate the policies or any additional terms concerning a specific Platform that are provided when you sign up for or start using such Platform.


9. Complaints Regarding Content

Contact information for complaints about the content provided by our Candidates or Companies.

We respect the intellectual property rights of others. We require that information posted by Candidates or Companies be accurate and not in violation of the intellectual property rights or other rights of third parties. For complaints concerning content posted by our Candidates or Companies, please email us at hello@kandidit.com


10. How To Contact Us

Our Contact information.

For general inquiries, you may contact us online at https://www.kandidit.com/contact. For legal notices, you may write us at hello@kandidit.com