Terms of Use for the Perform Zone Recruitment Software

1. Introduction

This document (“Terms of Use”) governs the use of the Perform Zone Recruitment Software (“Software”) provided by Perform Zone (“we”, “us”, “our”). The Software is designed to assist employers and recruiters based in Australia in managing the recruitment process, including housing candidate resumes, personal details, and employer information entered by users (“Users”).

By accessing and using the Software, you acknowledge and agree to these Terms of Use and our Privacy Policy. If you do not agree to these Terms, you must not use the Software.

2. Eligibility

The Software is intended for use by individuals who are 18 years of age or older and businesses legally operating in Australia. By using the Software, you represent and warrant that you meet these eligibility requirements.

3. License to Use

Subject to these Terms of Use, we grant you a non-exclusive, non-transferable, limited license to access and use the Software for the purpose of recruitment and staff management within your organization. This license is for internal use only and does not extend to any form of commercial exploitation of the Software.

4. User Responsibilities

You are responsible for all activities that occur under your user account. You agree to:

– Ensure the accuracy, completeness, and legality of all data you enter into the Software, including candidate resumes and personal details.

– Maintain the confidentiality of your login credentials and restrict access to your account.

– Use the Software in compliance with all applicable laws and regulations, including but not limited to privacy laws and employment laws in Australia.

– Not use the Software for any unlawful or unauthorized purpose, including the storage or transmission of data in violation of any law or right of any third party.

5. Data Protection

We are committed to protecting the privacy and security of all personal information processed by the Software. Our practices are detailed in our Privacy Policy, which describes how we collect, use, disclose, and protect your information. By using the Software, you consent to our data practices and affirm that all data provided by you is accurate and lawful.

6. Intellectual Property

All intellectual property rights in the Software and its content, including but not limited to text, graphics, logos, and software, are owned by us or our licensors. You may not copy, modify, distribute, sell, or lease any part of our Software or its content, nor may you reverse engineer or attempt to extract the source code of the Software, without our express written permission.

7. Termination

We may terminate or suspend your access to the Software immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms of Use. Upon termination, your right to use the Software will cease immediately.

8. Disclaimer of Warranties

The Software is provided “as is” and “as available” without any warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Software will be uninterrupted or error-free.

9. Limitation of Liability

To the fullest extent permitted by law, in no event will we be liable for any indirect, incidental, punitive, special, or consequential damages arising out of or in connection with your use of the Software, whether based in contract, tort (including negligence), strict liability, or otherwise.

10. Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of Australia, without giving effect to any principles of conflicts of law.

11. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms of Use at any time. By continuing to access or use our Software after those revisions become effective, you agree to be bound by the revised terms.

12. Contact Us

If you have any questions about these Terms of Use, please contact us at support@performzone.com

Effective Date: 2/2/2023