Last updated: September 2023
This End User License Agreement ("Agreement") is between you and Getahead Australia Pty Ltd, ABN: 47648019881, ACN: 648019881, having its registered office at Level 2, 84 Abbotsford Road, Bowen Hills, QLD 4000 ("Getahead," "we," "us," or "our"). By using or accessing any Getahead service, software, or application (collectively, the "Services"), you agree to be bound by the terms of this Agreement.
Getahead is a technology company providing Software as a Service (SaaS) for Job Seekers, Job Talent, or such other people looking for jobs (hereinafter “Candidates”) to connect digitally with Organizations, Brands, Recruiters, or other such individuals looking to employ (hereinafter “Enterprise”), to facilitate an end-to-end digital workflow solution for the Employment and Hiring process.
This EULA between the User and Getahead sets out the terms and conditions of use of the Getahead Platform which comprises the following, but is not limited to:
You are being presented with this EULA because you have downloaded and/or logged onto the Getahead Platform by creating an account and setting up credentials for accessing the Getahead Platform as a User.
You have accepted the terms of this Agreement by creating an account on Getahead. User’s access to the Getahead Platform is subject to acceptance of this EULA. If you do not agree to the terms and conditions of this EULA, then do not proceed or utilize the login credentials, and notify Getahead in writing of your rejection of the EULA and delete your account.
Getahead may change/update this EULA or any of its components by posting a notice of the same on the website, and the User will be deemed to have notice of the updated EULA from the time that it is posted on the website.
In addition to this EULA, the User will also be responsible for compliance with any service agreement that may be executed between such User and Getahead from time to time, and the terms of such service agreement will prevail in respect of and to the extent of inconsistencies with this EULA.
If You are entering into this EULA on behalf of an Organization/Enterprise, all references to “You” or “Your” in this EULA shall mean collectively the Organization/Enterprise. In such an instance, by creating an account on Getahead and creating or associating Your account to a brand profile page, You represent and warrant that you have the authority to enter into this EULA on behalf of the Organization/Enterprise and that the Organization/Enterprise agrees to be bound by this EULA.
You are hereby authorised to use the Getahead Platform in accordance with the terms of this EULA.
You shall protect your login password and use of the platform and notify Getahead of any unauthorized use of the platform within 24 hours of being aware of the breach and use best endeavours to immediately implement an action plan to prevent any further breach.
Getahead reserves the right to immediately suspend User’s access until such time as it is reasonably satisfied that no further Getahead Platform or Getahead Data access breach is likely to take place.
Getahead may (a) enhance or refine the Getahead Platform; and (b) perform scheduled maintenance of the Getahead Platform infrastructure and software, during which time the User may experience some disruptions to the Getahead Platform. You acknowledge that, from time to time, Getahead may need to perform emergency maintenance without providing advance notice, during which time Getahead may temporarily suspend User’s access to and use of the Getahead Platform.
Getahead may decide to cease supporting or providing some or all basic features of the Getahead Platform by providing written notice via email or on the website.
Getahead is providing a digital platform service to Candidates and Enterprise to connect and as such is entitled to use the application reports and metrics, and information shared or submitted via the Getahead Platform for providing quality control, benchmarking and qualitative and quantitative analytics to Enterprise (organizations and recruiters) for creating and arriving at aggregate data.
Getahead warrants all data use is subject to privacy laws and our Privacy Policy as applicable in the Australian jurisdiction and is held within Australia.
You agree to protect the secrecy of and avoid disclosure or use of confidential information received via the Getahead Platform and prevent it from falling into the possession of unauthorized persons.
You must keep (and must ensure that each authorised user shall keep) all account information up to date and keep all user accounts, user logins and passwords in your possession secure at all times and will treat such information as confidential information for the purpose of this EULA.
You must not (and must ensure that each of its authorised users do not) disclose account, user login or password information relating to the Getahead Platform to any other person and must immediately inform Getahead upon becoming aware of any actual or suspected unauthorized use of the Getahead Platform.
You are and will remain fully responsible for any unauthorized use of any Getahead Platform identification numbers, logins, access codes or passwords issued to it or its authorized users.
You agree not to undertake any of the following actions:
You will comply with all applicable laws and regulations with respect to your obligations under this EULA. Getahead may restrict the availability of the Getahead Platform or modify or discontinue features to comply with applicable laws and regulations.
To the full extent permissible by law, Getahead will not be liable to User (whether in contract, tort (including but not limited to negligence), equity, under statute or otherwise) for any loss caused by, arising out of or in any way connected with the use of the Getahead Platform by the User under this EULA, and you hereby release, discharge and hold Getahead harmless from all liability and responsibility in respect of the same.
Getahead does not warrant that the functions contained in the Platform will meet any requirements or needs you may have, or that the Platform will operate error-free, or in an uninterrupted manner, or that any defects or errors will be corrected, or that the software is fully compatible with any particular platform.
The Getahead Platform is offered on an "as-is" basis and no warranty, either express or implied, is given. Getahead expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Some jurisdictions do not allow the waiver or exclusion of implied warranties so they may not apply to you.
You agree to defend, indemnify and hold harmless Getahead, its officers, directors, employees and agents against any and all claims, damages, losses, liabilities and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Getahead Platform, your breach of the terms of this EULA or any other policy applicable to Your use/access of the Getahead Platform, or any claim resulting from your conduct or actions in connection with the Getahead Platform that has caused damage to a third party. You agree that Getahead shall be able to select its own legal counsel and may participate in its own defence if it wishes. This indemnification obligation will survive this EULA.
This EULA shall remain in full force and effect until terminated by User or Getahead as applicable.
Getahead may terminate this Agreement and de-register You at any time, with or without cause, immediately upon notice to you.
In the event of the termination of this Agreement:
For technical support with the Getahead Platform, please contact our support team via email at support@getahead.com.au or through the "Contact Us" section on our website.
For questions or clarifications regarding this EULA, please direct your inquiries to legal@getahead.com.au.