RECRUITER – CANDIDATE AGREEMENT
1. THIS AGREEMENT
This agreement sets out the terms under which Drover AG ABN 98 304 706 745 (Drover AG, we, us, our) provides recruitment services to you (Services). You will be taken to have accepted these terms and conditions if you sign these terms and conditions or otherwise indicate your assent, or if you order, accept or pay for any services provided by Drover AG after receiving or becoming aware of these terms. This agreement is a binding contract and is entered into in consideration for us providing the Services to you.
2. your obligations
You agree and warrant that:
a) there are no legal (contractual or otherwise) restrictions preventing you from entering into this agreement with us or seeking employment with one of our clients (Employers);
b) if requested, you will undertake a number of checks relevant to your position, including but not limited to:
(i) the appropriate working with children check in the State or Territory in which you will be working; and
(ii) State and/or Federal police clearance checks.
c) if requested, you will provide us and/or Employers with details of professional referees so that reference checks can be conducted about your professional history and such referees must be your current or former employers or managers who supervised you on a regular basis in a place of employment;
d) you will provide us with all other documentation, information and assistance reasonably required for us to provide the Services to you;
e) you will liaise with us as we reasonably request for the purpose of enabling us to provide the Services.
f) any information you provide to us or an Employer is true, accurate, current and not misleading;
g) you will not do anything or attempt to do anything to bring Drover AG into disrepute or defame Drover AG, including by making untrue, false or misleading statements about Drover AG on social media, in google reviews or directly to third parties;
h) you are responsible for complying with all statutory requirements that might apply to you;
i) if you have been convicted of a criminal offence in Australia or another country, you will disclose the fact and details of such conviction to us; and
j) if you are not an Australian Citizen and you are offered a position by an Employer you will:
(i) pay for your own personal, medical and travel insurance;
(ii) provide us with details of your health status;
(iii) must have the appropriate visa and work rights to live and work in Australia and present us with evidence of such visa and work rights; and
(iv) pay for your own travel costs, including flights and visa costs.
3. your information
b) (access to your information) Only staff employed by Drover AG will be able to access your records until they are provided to Employers. If you require copies of your records or wish to have your records removed from our database, please notify us in writing, and we will use our best efforts to comply with your request as soon as reasonably possible.
d) (reference checking) You give us permission to contact any of the past employers listed in a resume your provide to us for the purpose of obtaining references about you, if required.
4. DISCLAIMER & WARRANTIES
a) You agree that while Drover AG will try to assist you in obtaining a position, it makes no representation, guarantees or warranties as to the effectiveness of its Services and does not represent or warrant that it will find you a job.
b) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
c) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
5. INDEMNITY AND RELEASE
You hereby release and agree to indemnify, defend and hold harmless Drover AG and its directors, employees, contractors and agents, from any and all claims or liabilities arising from or in connection with the Services, this agreement or you being introduced by us to an Employer, including injury to you or a third party (including where that injury causes permanent disability), your death or the death of a third party, or loss of damage to your vehicle, any other vehicle or any property, regardless of whether those claims or liabilities were caused or contributed to by a negligent act or omission of Drover AG or any third party, including other participants.
6. LIMITATION OF LIABILITY
a) (Limitation of liability) To the maximum extent permitted by applicable law, the maximum aggregate liability of Drover AG to you in respect of loss or damage sustained by the Client under or in connection with this agreement is limited to $100 (AUD).
b) (Consequential loss) Drover AG will not be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this agreement or any goods or services provided by Drover AG, except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth) or any other applicable law.