Askable - Terms and Conditions
This online platform (Platform) is operated by Askable Pty Ltd t/a Askable (ABN 72 621 754 096) its successors and assignees (we, our or us). It is available at: https://www.askable.com and may be available through other addresses or channels, including on our mobile application.
In these terms and conditions, Platform refers to our marketplace regardless of how you access it. The Platform connects users who wish to advertise market research testing or interviewing opportunities, and recruit participants to participate in those opportunities (Recruiter), with users who wish to participate in market research testing or interviewing opportunities (Participant) by facilitating introductions between Recruiters and Participants.
If you are agreeing to these Terms not as an individual but on behalf of a company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “User” means the Represented Entity and you are binding the Represented Entity to these Terms. If you are accepting these Terms and using our services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.
If you are a parent or legal guardian permitting a person who is at least 13 years of age but under 18 years of age (a Minor) to create an account and/or use the Platform, you agree to: (i) supervise the Minor’s use of the Platform and their account; (ii) assume all risks associated with, and liabilities resulting from, the Minor’s use of the Platform (including any opportunities that the minor intends to participate in through the Platform) and their account; (iii) ensure that the content on or connected with the Platform is suitable for the Minor; (iv) ensure all information submitted to us by the Minor is accurate; and (v) provide the consents, representations and warranties contained in the Terms on the Minor’s behalf.
If you access or download our Platform from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement and any Usage Rules set forth in the App Store Terms of Service or the Android, Google Inc. Terms and Conditions including the License Agreement and Terms of Application.
Please read these Terms carefully and cease using the Platform if you do not agree to the Terms. We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Platform. We recommend you check our Platform regularly to ensure you are aware of our current Terms.
- The Platform provides an introductory service for Recruiters and Participants.
- A Recruiter with a requirement for a market research project (Project) to be completed may (1) create an account on the Platform, (2) post an accurate and complete description of the Project (including the demographic, selection criteria, screening questions, and the activities that need to be undertaken by the participants in the Project (Project Activities) (Booking). By creating a Booking for the Project, the Recruiter confirms that s/he is legally entitled and capable of recruiting for and undertaking the Project described in the Booking.
- A Participant wishing to participate in a Project may (1) create an account on the Platform, (2) review the Bookings uploaded by the Recruiter and (3) apply to participate in the Project with the relevant Recruiter through the Platform (including completing any screening questions) (Participation Request).
- The Recruiter may create a Participation Request (which becomes a Booking).
- We, either through our Platform or ourselves, may:
- assist with writing screening questions for the Booking;
- provide a list of Participants (including any information provided by a Participant in their account and any answers to the screening questions) who have sent a Participation Request, to the Recruiter; and
- manage the Participants for the Project (which will be limited to us communicating with the Participants on your behalf and scheduling in appointments for the Project Activities).
- The Recruiter and Participant can communicate with one another using the contact details and/or the direct messaging system available in the Platform.
- If a Recruiter cancels a Booking after it has been scheduled, we may, in our absolute discretion, charge the Recruiter a cancellation fee (Cancellation Fee) and any associated costs (including recruitment costs, advertising costs and credit card processing fees), as may be set out on the Platform. If a Recruiter cancels a Participation Request and/or Booking, the Participant has no right to any form of compensation, unless otherwise determined by us.
- Once the final date for the Project has passed, the Booking will be deemed to be complete, unless the Recruiter informs us otherwise by contacting us in writing or rescheduling the booking on the Platform (Completed Booking).
- You understand and agree that the Platform is an online introductory platform only, and that our responsibilities are limited to facilitating the user functionality and availability of the Platform. We are not an employment agency or labour hire business and the Recruiters or the Participants are not our employees, contractors, partners or agents.
- We are not a party to any agreement entered into between a Recruiter and a Participant. We have no control over the conduct of Recruiters, Participants or any other users of the Platform.
- We accept no liability for any aspect of the Recruiter and Participant interaction, including but not limited to any Liability arising from or connected with the Project, the Project Activities, the Booking or the Incentive. We do not assist or involve ourselves in any way in any dispute between a Recruiter and a Participant.
- We may disclose that information to either the Recruiter or a Participant (as applicable) and third party service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, third party payment processors and our business partners) or as required by law. If you do not provide this information, we may not be able to provide you with access to our Platform. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
- By using our Platform, you agree to keep confidential, and not use or permit any unauthorised use of, any of our confidential information or the confidential information of the Recruiter or Participant without the relevant party’s prior written consent, except where the disclosure is required by law.
- From time to time you may be required to sign additional confidentiality agreements with the Recruiter to keep their business information secure, private and confidential this is an agreement between the Participant and the Recruiter and is not part of any Askable process. Askable will not be held responsible for any breaches in confidentiality between the Participant and the Recruiter.
- Notwithstanding any terms of this document, we will act in accordance with our data breach preparation and response policy, and in accordance with our obligations under the Privacy Act, as they may be from time to time.
- You can browse and view the Platform as an unregistered user of the Platform. You must register on the Platform and create an account (Account) to access some features on the Platform.
- You must provide basic information when registering for an Account including name, email address, and location and you may choose a username and password. The username you choose must not (i) be offensive or in other ways insulting or (ii) contain characteristics which belong to a third party, including names of famous persons, or personal names to which you do not own the rights.
- If you are a Recruiter, we may review your request for an Account before approving the request, and we may request additional information from you. If you do not provide us with information, we reasonably request, we may refuse to create an Account for you.
- If you are Recruiter, you will be responsible for effecting and maintaining, and if requested providing us with details of evidence of any, public liability insurance, product liability insurance or any other insurances that may be relevant to the Project or required by law.
- You may register for an Account using your Google+, Facebook or other social media network account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to basic information, information you have permitted the social media network to share with us and any information you have made viewable to the public.
- You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete.
- You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details, whether or not you authorised such activities or actions.
- You will immediately notify us of any unauthorised use of your Account.
- At our sole discretion, we may refuse to allow any person to register or create an Account.
- Recruiters should refrain from using other persons logons and sign-on credentials as this is against our terms & conditions. Each User should have an individual account to operate, book and make use of the platform.
- Users may be subject to a vetting process before they can register for and during their use of the Platform, including but not limited to verification of identity, using third party services as appropriate. By seeking registration as a user, you give us consent to conduct background checks as often as we may require, in compliance with the law.
Fees, Payments and Incentives
- It is free to register an Account on the Platform. There is no charge for a Recruiter to create a Booking, or for other Users to review content on the Platform, including Bookings.
- We set out a number of payment methods on the Platform. The payment method you choose may be subject to additional terms and conditions imposed by the applicable third-party payment processor or vendor of any eGift card; please review these terms and conditions before using your selected payment method.
- A Recruiter must pay the relevant recruitment fees set out in the Platform, the amount equivalent to a recruitment fee, the Incentive and any applicable credit card processing fees (Fees) for each Booking of a Participant. Payment will be processed: (i) immediately by credit card or (ii) in accordance with the payment method and payment dates set out in the relevant invoice issued by us. The Recruiter agrees to submit any disputes relating to the Fees to us within 7 days after the date the Fees became due and payable to us. To the maximum extent permitted by law, the Recruiter agrees to waive any disputes or claims not brought to us within the 30-day period, and all Fees will be deemed final and binding.
- Unpaid or overdue invoices may be deducted or offset against credit balances held within the Recruiters account or its related entities.
- The Recruiter may not offer a Participant an Incentive greater than $1,000.00 AUD per Project, unless otherwise agreed with us in writing before posting the Booking.
- The Incentive will be paid to the Participant once the Participant has provided us with confirmation of a Completed Booking. The Participant will have the choice to obtain the Incentive through our third-party payment processor, currently PayPal (or any other payment method set out on the Platform), or by eGift card. The method selected by the Participant may affect how quickly you receive any Incentive from us.
- If applicable, the eGift card will be sent to Participants by email. The eGift card will include a unique code which will be required to redeem the eGift card. The unique code on an eGift card should be treated as cash and cannot be replaced if lost or stolen. We are not responsible if a third party uses a Participant’s eGift card unique code. eGift cards are not redeemable for cash and cannot be returned to us for a cash refund or exchanged. eGift cards may be subject to additional terms and conditions imposed by the eGift card vendor.
Limited Payment Collection Agent
- Each Participant appoints us as the Participant’s limited payment collection agent solely for the purpose of accepting the Incentive from the Recruiter.
- We guarantee payment to the Participant only for such amounts that we have successfully received from the Recruiter in accordance with these Terms. In accepting appointment as the limited payment collection agent of the Participant, we assume no liability for acts or omissions of the Participant and/or the Recruiter.
- In the event that we do not remit the Incentive as set out in the payment clause above, then to the extent the non-payment was not caused or contributed to by an act or omission of the Participant or the Recruiter, the Participant will only have recourse against us and not the Recruiter directly for the non-payment.
- We are not an employment service and we are not the employer of any user. We do not engage any user as our contractor. As such, we are not responsible for and will not be liable for any tax payments or withholding, or superannuation payments, or any insurance payable for employees in connection with your use of the Platform. It is a matter for each user to arrange their own taxation and superannuation obligations in compliance with Australian law.
Licence to use our Platform
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform (including any laws that apply to a relevant Project or Project Activities); anything which we would consider inappropriate; or anything which might bring us or our Platform (or any Recruiter or Participant) into disrepute, including (without limitation):
- anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
- using our Platform to defame, harass, threaten, menace or offend any person;
- obtaining or attempting to obtain any materials or information through any means not intentionally made available through our Platform;
- interfering with any user using our Platform;
- tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform;
- anything that might violate any local, state, national or other law (including any anti-discrimination law) or regulation or any order of a court, including, without limitation, tax regulations;
- using our Platform to find a Project or a Participant and then completing a Booking or transaction independent of our Platform in order to circumvent the obligation to pay any fees related to our provision of the Platform (including by a Recruiter setting up a direct relationship with a Participant after a Participant attends a Project or after a Recruiter has contacted or approached the Participant);
- as a Recruiter, offering any Project that you do not intend to honour or cannot provide;
- as a Participant, making any Participation Requests to Recruiters that you do not intend to offer;
- as a Participant, impersonate, operate multiple accounts, duplicate accounts, create false identity accounts, operate other people’s accounts, attempt to trick, hide or cover-up activities or collect multiple incentive payments by deception
- as a Participant, undertaking the Project in the conduct of a business;
- using our Platform to send unsolicited messages; or
- facilitating or assisting a third party to do any of the above acts.
Askable intends that a Participant who takes part in Project Activities does so as a hobby, and not as their main source of income. Participants must not use the Platform to carry on business.
Participation in Project
A Participant who is accepted to take part in a Project must, in performing the Project Activities:
- comply with the Recruiter’s reasonable instructions;
- participate for the entire duration of the and undertake all tasks required for the completion of the Project;
- refrain from taking phone calls or engaging in any other interruptions during the Project;
- must not haggle, attempt to persuade, annoy, repeatedly request changes to your Booking times, location or eligibility.
- must not manipulate, make false statements or be untruthful on the Recruiter screener questions in an effort to seek eligibility on the Booking.
- must have completed all pre-work as required by the recruiter and have full access to passwords, apps, software, cameras, microphones, devices and any other technology required to fulfil participate in the session.
- act in a good, honest, lawful, responsible, respectful and reputable manner, and consistent with the conduct that would be reasonably expected of participants in projects the same or similar as the Project;
- keep your own records of any Incentive obtained from the Project;
- agree to have the Project recorded by the Recruiter, including through audio or visual recording devices for internal research purposes;
- comply with any relevant laws, including any applicable country taxation laws and regulations (including declaring any Incentive obtained from the Project to the relevant Taxation Office);
- warrant and represent to us that its participation in performing the Project Activities is undertaken as a hobby (and not as a business) and will complete any necessary documents or forms required by us (including, but not limited to, a statement by a supplier form); and
- agree with any terms and conditions of the Recruiter.
Exclusion of competitors
You are prohibited from using our Platform, including the information and materials available on it (including information of Participants or Recruiters) (Content), in any way that competes with our business. If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use.
The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, we do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.
Intellectual Property rights
Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the Content (including information of Participants and Recruiters). Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content (including information of Participants and Recruiters).
You must not, without the prior written consent of ourselves or the owner of the Content (as applicable):
- copy or use, in whole or in part, any Content;
- reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
- breach any intellectual property rights connected with our Platform, including (without limitation) by:
- altering or modifying any of the Content;
- causing any of the Content to be framed or embedded in another website; or
- creating derivative works from the Content.
If you hold a reasonable view that our Platform may infringe any of your intellectual property rights, you may contact us to request such infringing materials to be removed and we will use reasonable efforts to respond to your request within a timely manner. You acknowledge and agree that in our effort to protect the intellectual property rights of third parties, we reserve the right to suspend your Account or delete or disable infringing material.
- Askable Credits are purchased by the client for the purpose of simplifying the booking processes and to take advantage of bulk pricing rates when requiring testing participants.
- Credits may be used for engaging participants for; face to face testing; remote testing or quantitative testing.
- Credits equate to the consolidation of a recruitment fee, an administration cost, a margin and a participant incentive payment. Askable may vary these proportions either by booking, job type or individual, including the variation of a participant incentive payment.
- Credits will be deducted from the client’s Prepaid Credit balance. For clarity, following order processing, a Prepaid Credit deduction will be processed regardless of who supplies the incentive.
- Session times are up to 60 mins in duration. For sessions beyond 60 mins, additional Credits will be charged per participant, as we are required to increase participant incentives.
- ‘Premium participants’, such as small business owners, tradesmen or skilled professionals, are charged at an increased rate, please refer to askable.com for current pricing and session length.
- Credit refunds may be processed for participant non-attendance. Due to the costs involved in recruiting a pool of participants for ‘the booking’, refunds may not be processed should the client choose to reduce the number of participants at the invitation stage.
- The client will ensure that agreed payment terms are not delayed for any reason (including due to the client’s internal processes such as vendor/supplier set up; seeking further approvals or the arranging of an official purchase order). Payment is to be made within the agreed terms as set out in the accepted quote.
- In the event that the client does not pay the accepted quote within the agreed terms, Askable may, in its sole discretion, apply Credits purchased by the client or another entity or department that Askable deems to be reasonably connected to the client, to the unpaid debt. Askable may deem separate entities/ departments to be reasonably connected if the client and the other entity have common employees; a common company name; a common brand name; are related companies or entities as defined in the Corporations Act).
- The client and/or its employee warrants that they have the authority to make purchasing decisions on behalf of their company and if paying by credit card that they have the authority to use such card for this purpose.
- GST is applicable to Australian recruitments, for international customers Askable will apply the relevant taxation law.
- From time to time Askable will make marketplace offers to attract new business sales and promote its products. The discounts offered in these promotions cannot be used to vary the price of Prepaid Credits already accepted, purchased or held within the client’s account.
- All unused Prepaid Credits will expire 12 months from the date of purchase.
You may be permitted to post, respond, upload, publish, submit or transmit relevant information and content (User Content) on, through or in connection with but not limited to our Platform, Competitions, Surveys and/or Customer Feedback sessions. By making available any User Content, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content
You represent and warrant that:
- you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and
- neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or in connection with our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.
Third party sites
Our Platform may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites. You should make your own investigations with respect to the suitability of those websites.
We may, at any time and without notice to you, discontinue our Platform, in whole or in part. We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
- Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights).
- Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.
- The goods and services provided by a Recruiter and/or Participant might also confer you certain Statutory Rights.
Notice regarding Apple
- To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.
- Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.
- If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
- Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to:
- product liability claims;
- any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and
- claims arising under consumer protection or similar legislation.
- Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.
- You agree to comply with any applicable third-party terms when using our mobile application.
- Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
- You hereby 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.
Warranties, disclaimers and indemnity
To the extent permitted by law, we make no representations or warranties about our Platform, the Content, User Content, Recruiters, Participants, Projects, Project Activities or Bookings including (without limitation) that:
- they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
- access will be uninterrupted, error-free and free from viruses; or
- our Platform will be secure.
You read, use, and act on our Platform and the Content at your own risk.
Limitation of liability: (Despite anything to the contrary, to the maximum extent permitted by law)
- our maximum aggregate Liability arising from or in connection with these Terms (including the subject matter of these Terms) will be limited to, and must not exceed the aggregate amount of the fees paid by you to us during the 12-month period immediately preceding the event that gave rise to the Liability or $100 if no such fees have been paid; and
- we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, any consequential losses whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
- Despite anything to the contrary, to the maximum extent permitted by law, we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with any:
- event or circumstance beyond our reasonable control (including natural events such as fires, or events that may occur in the location where the Project and/or Project Activities take place);
- acts or omissions of you or your personnel, including the Project conducted by the Recruiter (and any sexual harassment occurrences, harmful occurrences or occupational health and safety events) and the Project Activities performed by the Participant, at any location where the Project and/or Project Activities take place;
- any defect, error, omission, lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit), inaccessibility of, interruption or outage with respect to the Platform;
- any compromise to the security of our systems or yours, any data breaches or hacks, unauthorised access to the Platform by bad actors, malware or spyware, phishing attacks or cyber fraud;
- third party sites or services linked to/from our Platform;
- unauthorised use or access to any of your information;
- use of the Platform and/or Content;
- use of or reliance on the User Content, the Recruiters or the Participants;
- tax obligations that may arise from your use of the Platform;
- disputes arising between the Recruiter and the Participant;
- interaction you have with other users whether in person or online;
- any injury, death or loss to any person (including any injury, death or loss suffered or incurred by any person who is travelling to or from the Project Location and participating in the Project Activities);
- content which is incorrect, incomplete or out-of-date; or
- breach of these Terms or any law.
- You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.
- This clause will survive the termination or expiration of these Terms.
Indemnity: To the maximum extent permitted by law, you agree to indemnify and hold harmless us, our affiliates and our and their officers, directors, partners, agents and employees from and against any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Platform in violation of these terms, any breach of the representations or warranties you make in these terms, or your content on the Platform. You agree to be solely responsible for defending any claims against or suffered by us, subject to our right to participate with counsel of our own choosing. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
Interaction with other parties
We cannot confirm that any user on the Platform (or any third party, employee or contractor engaged by a user) is who they claim to be. When interacting with other people you meet via or on the Platform, whether online or in person, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you do not know. We are not responsible for the conduct, whether online or offline, of any user of the Platform (or any third party, employee or contractor engaged by a user) and you hereby release us, our employees, officers, directors and affiliates, from any liability. We will not be liable for any claim, injury, loss or damage you suffer (including personal injury) arising in connection with your use of the Platform.
Refund and Cancellation Policy
- The Fees will be payable by the Recruiter:
- if the Recruiter unreasonably cancels a Booking within 24 hours from the time the Project is to take place; and
- if the Recruiter cancels a Booking within 12 business hours from the time the Project is to take place.
- The Recruiter acknowledges and agrees that the general timeframe to book a replacement Participant for a Project is between 6 to 12 business hours. Accordingly, in the case of a Participant’s cancellation of his/her Participation Request, a Recruiter may use our Platform to recruit another Participant.
- We agree to provide either a replacement Participant or a credit of the relevant Fee, if the Participant cancels the Booking or does not complete the Project Activities in accordance with these Terms. The Recruiter acknowledges and agrees that, to the maximum extent permitted by law, we will not be liable for any amount (including the Fee) if the Participant was not an appropriate candidate or did not meet the requirements of the Project.
- The Incentive is only payable from the Recruiter to the Participant for Completed Bookings where the Participant completed the Project Activities in accordance with these Terms.
- You may cancel your Account and terminate these Terms at any time via the “Cancel Account” feature (or similar) on our Platform or by sending us an email to the address at the end of these Terms. You can also deactivate your Account at any time via the Platform. If you cancel or deactivate your Account as a Participant, any Bookings will be automatically cancelled and the Recruiter will not be responsible to pay (or will receive a full refund of) the applicable Fees. If you cancel your Account as a Recruiter, any Bookings will be automatically cancelled and any remaining credits in your account shall immediately expire.
- We may terminate these Terms for convenience at any time by giving you 30 days’ notice via email to the email address in your Account.
- At our sole discretion, we may suspend your Account (or any false, alias or alternate accounts we reasonably suspect to be you) or terminate these Terms immediately without notice if (i) you are in breach of these Terms, any applicable laws, regulations or third party rights (ii) as a Recruiter your Bookings at any time fail to meet any applicable quality or eligibility criteria, (iii) as a Participant, we have received complaints about you including as to repeated cancellations, no-show attendance of Bookings, failure to follow directions, failure to undertake the Project Activities or failure to respond to communications from the Recruiter.
Unsolicited Ideas and Feedback
We welcome your feedback, ideas and suggestions (Suggestions). If you send us any Suggestions, you agree that such Suggestions become our property and you are not owed any compensation in exchange. You agree that we may use or distribute the Suggestion for any purpose and in any way. You warrant that the Suggestion does not contain confidential or proprietary information of any third party.
We encourage Recruiters and Participants to attempt to resolve disputes with other users directly. In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) the parties agree that the Dispute shall be resolved by arbitration in accordance with the Australian Dispute Centre’s Rules for Domestic Arbitration. You may opt out of the agreement to arbitrate by sending us notice in writing.
We recommend that the Recruiters obtain appropriate insurance for undertaking the Project. If you are a Recruiter and you obtain an insurance policy, please review any relevant insurance documentation carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy.
You may not assign, transfer or delegate these Terms and your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate these Terms and any rights and obligations under these Terms, at our sole discretion, with 30 days prior notice. Your right to terminate these Terms, in accordance with these Terms, remains unaffected.
If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Your use of our Platform and these Terms are governed by the laws of Queensland, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Our Platform may be accessed throughout Australia and overseas. We make no representation that our Platform complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Platform from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Platform.
For any questions and notices, please contact us at:
Askable Pty Ltd t/a Askable (ABN 72 621 754 096)
Last update: 30 October 2019