Terms of Use

1.1

Welcome to Onboarded, an online onboarding tool specially built to streamline how employers onboard new talent by allowing them to invite applicants to commence and complete an onboarding process and monitor the progress of each applicant (“the Services”).

1.2

The Services are provided by Onboarded Pty Ltd ABN 33649630919 (“Onboarded, we, us, our”) and made available to you through the subdomain of https://www.onboarded.com.au (“Website”).

1.3

These Terms of Use (“Terms”) set out Onboarded’s obligations as a service provider and your obligations as a subscriber to the Services (“Subscriber, you, your”). A person invited or authorised by the Subscriber to use the Services via a subscription is also bound by these Terms (“Invited User”).

1.4

Please read these Terms carefully before you start to use the Services, as they will apply and be binding to you from the time Onboarded first provides you with access to the Services. If you do not agree to these Terms, you cannot use the Services.

1.5

Onboarded does not provide any professional advice, including legal or accounting advice. We may provide you with information we think might be helpful in running a business, but this should not be seen as a substitute for professional advice, and we aren’t liable for your use of the information in that way.

1.6

If we update these Terms, we will give you 30 days’ notice before any changes come into effect unless we need to make immediate changes for reasons we do not have control over. If you find a modified term unacceptable, you may terminate your subscription by giving the standard advance notice to Onboarded as set out in clause 9.1.

2.1

Title to, and rights to any patent, trademark, service mark, copyright, moral right, design rights, know-how and any other intellectual or industrial property rights, anywhere in the world, whether registered or not in relation to the Services, the Website and any documentation associated with the Services remain the property of Onboarded (or its licensors).

2.2

All users must create an Onboarded account. This involves contacting us and then creating a username and password. You may change your password at any time by following the instructions on the Website.

2.3

2.4

As a paid Subscriber, we grant you the right to use our Services for as long as the Subscriber continues to pay for the Services until the subscription is terminated or – if you’re an Invited User – until your access is revoked.

2.5

The Subscriber is responsible for any actions an Invited User takes and agrees that our responsibilities do not extend to the internal management or administration of Onboarded for you.

2.6

Onboarded may provide analytics data regarding your use of the Services at Onboarded’s discretion, acting reasonably.

2.7

By creating a subscription, you agree that we may use your name and logo to market and promote the Services.

2.8

2.9

2.10

A credit can be used once to access a Service

2.11

The Subscriber must always have credits to ensure continued use of the Services unless you are paying a monthly/Yearly fee for that Service.

2.12

3.1

3.2

You also grant Onboarded a non-exclusive, fully paid, worldwide and irrevocable license to use Your Data to derive anonymous statistical and usage data related to the Services (“Anonymous Data”) to compile, combine or incorporate such Anonymous Data with or into other similar data and information available, derived or obtained from other clients, customers, licensees or users of Onboarded, or otherwise (collectively Aggregate Data), to permit Onboarded to undertake quality control or data analytics, and use Aggregate Data in connection with its products and services. Your Data will not be identifiable at any time.

4.1

The Services is used by you to collect information on candidates you are onboarding into your organisation (“Applicant”). Therefore, you administer and control Applicant information processed by the Services. The Services are not a job posting or advertising service.

4.2

When you use the Services to invite an Applicant to commence an onboarding, a unique onboarding link will be emailed to the Applicant (“Onboarding Link”) at the mail address you input into the Services or via API. The Subscriber is responsible for ensuring the Applicant is aware they will receive the Onboarding Link.

4.3

An Applicant will only be granted access to the onboarding landing page once they verify their identity using multi-factor authentication. An Onboarding Link will become inactive on the earlier of an Applicant submitting their onboarding application or as set up by you in the settings.

4.4

Each Onboarding Link consumes a credit under clause 2.9.

4.5

4.6

All Applicant data, including their personal information, except audit data (“non-personal info”), will be removed from our servers within 30 days or as agreed with you (“such as us agreeing to a longer date to enable you to integrate Applicant data into your ATS”).

5.1

Whilst Onboarded intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions, the Services or Website may be unavailable to permit maintenance or other development activity to take place.

5.2

If, for any reason, Onboarded has to interrupt the Services for longer periods than Onboarded would typically expect, Onboarded will use reasonable endeavours to publish in advance details of such activity on the Website.

5.3

In the case of technical problems, you agree to make all reasonable efforts to investigate and diagnose problems before contacting Onboarded. If you still need technical help, please check the support provided online by Onboarded on the Website or failing that, email us at support@onboarded.com.au

5.4

6.1

The Services contain features designed to interoperate with third-party applications that are web-based, mobile, on-premises or other software applications not developed by Onboarded (“Third Party Applications”).

6.2

In providing the Services to you, Onboarded may integrate Onboarded’s Services with Third Party Applications (“Integrated TPA”). A list of current Integrated TPAs is available below for your reference. Onboarded reserves the right to change its Integrated TPAs at any time and will endeavour to give you reasonable notice of this change.

6.3

Integrated TPAs are subject to terms and conditions and privacy notices set by the Integrated TPA, and you should ensure you have reviewed these before you agree to accept or use an Integrated TPA’s products or services. Integrated TPAs are solely responsible for any representations they make in connection with their products or services.

6.4

In connection with all Integrated TPAs, you acknowledge and agree that Onboarded does not warrant that your use of any Integrated TPAs will be uninterrupted or error-free nor that the service will deliver any specific functionality.

6.5

6.6

Below is the list of current TPAs that are integrated with Onboarded.

6.7

In all other cases where you wish to integrate a Third Party Applications into the Services (“Sourced TPAs”), you are solely responsible for obtaining and maintaining access to these Sourced TPAs from the applicable providers. To the extent permitted by law, Onboarded is not liable to you and will not provide you with any refund, credit or other compensation for any errors, delays, downtime or non-performance of the Services caused or contributed to by the temporary or permanent unavailability of a Sourced TPA, or if you terminate your subscription, use or licence to the Sourced TPA.

6.8

If you establish an integration between a Sourced TPA and the Services via the cloud, you authorise Onboarded to access and transmit Your Data to and/or from the Sourced TPA while you are a Subscriber to the Services and subject to Onboarded’s other obligations under these Terms regarding Your Data.

7.1

You may share confidential information with us and become aware of confidential information about us. Both parties agree to take reasonable steps to protect the other’s confidential information from being accessed by unauthorised individuals. We may also share each other’s confidential information with legal or regulatory authorities if required to do so (but only to the minimum extent required to comply with a regulation or order and with advance notice to the other party).

7.2

8.1

8.2

There may be non-excludable warranties, guarantees or other rights provided by law (“non-excludable guarantees”). They still apply – nothing in these Terms is intended to exclude, restrict or modify any non-excludable guarantees. Except for non-excludable guarantees and other rights you have that we cannot exclude, we are only bound by the express promises made in these Terms. Our liability for breach of a non-excludable guarantee is limited, at our option, to either replacing or paying the cost of replacing the relevant service (unless the non-excludable guarantee says otherwise).

8.3

Neither party is liable for any loss of revenue or profit, loss of goodwill, loss of customers, loss of capital, loss of anticipated savings, legal, tax or accounting compliance issues, damage to reputation, loss in connection with any other contract, or indirect, consequential, incidental, punitive, exemplary or special loss, damage or expense.

8.4

For loss or corruption of Your Data, our liability will be limited to taking reasonable steps to try and recover that data from our available backups.

8.5

We are not liable to you for any failure or delay in performing any of our obligations under these terms arising out of any event or circumstance beyond our reasonable control.

8.6

In all other cases, our maximum aggregate liability to you in any circumstances will be limited to the value of the credits purchased by you in the 12 months immediately preceding the date on which the claim giving rise to the liability arose.

9.1

Subject to clauses 9.3 and 9.4, these Terms will continue on a month-by-month basis OR Year-by-Year bases as per your chosen subscription in accordance with the purchase of credits under clause 2.9 At the end of each month/Year (“Billing Period”), these Terms will automatically continue for another Billing Period of the same duration unless either party terminates these Terms by giving at least one month’s advance written notice.

9.2

If you elect to terminate these Terms by providing one (1) month’s advance written notice, to the extent permitted by law, you will not be entitled to receive a refund for any setup fee or credits that remain unused as of the date of termination.

9.3

Onboarded will assume that you no longer wish to use the Services if you do not onboard a single applicant for three (3) consecutive months. In this instance, Onboarded will inactivate your account. You can request your account to be reactivated by reaching our support team at support@onboarded.com.au. If your account remains inactive for more than six (6) months, Onboarded will permanently delete all your information from our server without liability to you.

9.4

9.5

Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the termination date.

10.1

Entire agreement These Terms, together with Onboarded’s Privacy Policy and the terms of any other notices or instructions given to you under these Terms, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between you and Onboarded relating to the Services and the other matters dealt with in these Terms.

10.2

Waiver If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

10.3

Delays Neither party will be liable for any delay or failure in the performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control.

10.4

No assignment You may not assign or transfer any rights to any other person without Onboarded’s prior written consent, and any such attempt is void, provided that Onboarded must act reasonably in withholding its consent. Onboarded may assign or delegate its rights and obligations herein without notice to you.

10.5

Governing law and jurisdiction The laws governing these Terms will be the laws in the State of Victoria, Australia and you irrevocably submit to the exclusive jurisdiction of its Courts and its Appellate Courts and the jurisdiction of the Federal Court of Australia sitting in Victoria.

10.6

Severability If any part or provision of these Terms is held invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of these Terms will continue to be valid and enforceable.

10.7

Notice Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been sent on transmission. Notices to Onboarded must be sent to raj@onboarded.com.au or to any other email address Onboarded advises you of. Notices to you will be sent to the email address you provided when Signing up to access and use the Services.

10.8

Rights of third parties A person or entity who is not a party to these Terms has no right to benefit under or to enforce any clause of these Terms.

10.9

Interest on overdue amounts We reserve the right to charge you interest daily at an annualised rate of 5% on any overdue amount. An overdue amount means an amount (or part thereof) that is not, or is no longer, disputed in accordance with these Terms and which has been outstanding for more than 14 days from the date of the correctly rendered invoice or the date that the amount ceased to be disputed, as the case may be. You indemnify us for all reasonable costs and expenses (including legal costs and any other third-party costs) we incur in seeking to recover unpaid amounts.