Terms & Conditions

Endorser Pty Ltd (ABN 54 614 726 402) (referred to as Endorser Pty Ltd) provides a payment platform and introductory service between the company (Company) with an employment opportunity, the endorser (Endorser) who is able to provide the suitable candidate for the Company, and the candidate (Candidate) who is able to provide the suitable skills and knowledge needed for the Company (collectively, the Services). The Services are available on the Endorser Pty Ltd website at endorser.com.au (Site).

  1. Acceptance of Terms
    1. These Marketplace Terms and Conditions (Terms) form a binding legal agreement between Endorser Pty Ltd, its directors, officers, employees, successors and assignees, and each person, organisation or entity using the Services (referred to as User or you). By using the Site and Services, each User agrees to comply with and be legally bound by these Terms. Please read the Terms carefully. If you have questions, you are encouraged to contact Endorser Pty Ltd using the contact details at the end of these Terms.
    2. The User’s use of the Site and the Services indicates that:
      1. the User has had sufficient opportunity to access the Terms and contact Endorser Pty Ltd;
      2. the User has read, accepted and will comply with the Terms;
      3. the User has legal capacity to enter into a contract for sale; and
      4. the User is 18 years or older.

      If this is not correct, or if the User does not agree to these Terms, the User is not permitted to use any of the Services.

    3. These Terms may be amended from time to time, without prior notice. Use of our Services following any such amendments will be deemed to be confirmation that the User accepts those amendments. Endorser Pty Ltd recommends that each User check the current Terms, before continuing use of the Services. Endorser Pty Ltd’s agents, employees and third parties do not have authority to change the Terms.
    4. These Terms supplement and incorporate the Endorser Pty Ltd policies and terms and conditions, including without limitation the Website Terms of Use and Privacy Policy posted on the Site. Endorser Pty Ltd’s Privacy Policy sets out how Endorser Pty Ltd collects, uses and protects the personal information of its Users. Endorser Pty Ltd’s Website Terms of Use govern a User’s use of the Site.
    5. Each User acknowledges that use of the Services may be subject to third party terms including the PayPal Terms of Service including, without limitation, the User Agreement.
  2. Introductory Service Only
    1. The Site and the Services provide a payment platform and an online introductory platform between Companies and Candidates via Endorsers, through which:
      1. Companies will be able to create a job listing (Listing) on the Site advertising the availability of a job position;
      2. Endorsers will be notified of Listings and be able to endorse a suitable Candidate to the Company; and
      3. Candidates will be able to directly contact the Company regarding the Listing using contact information provided in the Listing.
    2. Companies and Endorsers must register on the Site and create an account (Account) to access all Services and features on the Site. Candidates are not required to create an Account, however Candidates may contact Companies through the Site.
    3. Companies may directly request to contact Endorsers and Candidates at any time via the contact details provided by the Endorser or Candidate. Endorsers are not able to directly contact Companies unless expressly requested to do so by the Company.
    4. Only Users with an Account can create a profile as per information requested on the Site (Profile).
    5. Each User understands and agrees that the Site is an online introductory platform only, and that Endorser Pty Ltd’s responsibilities are limited to facilitating the availability of the Site and the Services.
    6. Endorser Pty Ltd is not a party to any agreement entered into between any User. Endorser Pty Ltd is not a referrer or booking agent, and provides no such related services. Endorser Pty Ltd has no control over the conduct of Companies, Endorsers, Candidates and any other Users of the Site and the Services. Endorser Pty Ltd disclaims all liability in this regard, as set out in these Terms.
    7. Endorser Pty Ltd does not collect, process or use any application for employment opportunities for a User. Any arrangement between Users, including but not limited to any terms of employment between a Company and a Candidate, is solely between the Company and the Candidate. It is strictly and expressly not part of the User’s agreement with Endorser Pty Ltd.
  3. Company Obligations
    1. Companies may create Listings to advertise employment opportunities with its business and related services it may offer to assist Endorsers and Candidates with employment opportunities.
    2. A Company must set out all relevant information in a Listing such as the location, start date, key duties and type of employment.
    3. Companies may choose whether or not to accept a Candidate.
    4. If the Candidate is accepted through the Site and Services and employed within 180 days of the Listing being created, Endorser Pty Ltd will issue an invoice to the Company for the relevant fees (Fees) payable. The Fees must be paid by the Company to Endorser Pty Ltd within 7 days of the invoice date. The Fees include the following, as set out on the Site:
      1. the applicable placement fee;
      2. a reward (Reward) to be distributed to the Endorser;
      3. a bonus (Bonus) to be distributed to the Candidate, or a share reward (Share Reward) to be distributed to the Sharer, subject to a minimum amount as set out on the Site.
    5. On receipt of payment of Fees from the Company, Endorser Pty Ltd will act as a limited collection agent with regards to the distribution of the Reward and Bonus or Share Reward.
    6. A Company that has created a Listing is obligated to notify both the relevant Endorser and Endorser Pty Ltd if it hires a Candidate endorsed through the Site and Services, within 3 days of hiring the Candidate.
    7. By creating a Listing, the Company warrants that the availability, nature, terms or conditions or any other matter relating to the advertised employment is true, accurate and not misleading, and ensures that such listing complies with any and all applicable legislation, regulation, by-laws, codes of conduct and other laws including but not limited to:
      1. Section 31 of the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any relevant state and territory fair trading laws;
      2. Privacy Act 1988 (Cth) including the Australian Privacy Principles as amended from time to time;
      3. Human Rights and Equal Opportunity Commission Act 1986 (Cth); and
      4. all anti-discrimination and equal opportunity legislation as applicable in the State or Territory governing the location of the job identified in the Listings.
    8. The Company acknowledges and agrees that if it employs a Candidate through a Listing, the Site or Services, the terms of employment are strictly between the Company and the Candidate. It is strictly and expressly not part of the agreement with Endorser Pty Ltd.
  4. Endorser Obligations
    1. Endorsers will be notified of Listings through the contact details provided in their Account.
    2. Endorsers may create an endorsement (Endorsement) on the Site for an appropriate Candidate and then forward the Endorsement and the Listing to the Candidate. For each Endorsement, Endorsers are required to provide the information as requested on the Site including type of relationship, length of relationship and reasons for endorsement.
    3. Endorsers are not able to create an Endorsement for themselves. Each Endorser is only permitted to make three (3) Endorsements per Listing.
    4. Each Endorser warrants that:
      1. it has a real relationship with each Candidate it creates an Endorsement for;
      2. the information it provides in each Endorsement and about each Candidate is true, accurate and not misleading to the best of their knowledge; and
      3. any information it provides regarding a Candidate is confidential between the Endorser and Company and will not be disclosed to any third party.
    5. If a Candidate with an Endorsement is successful in his/her application, the relevant Endorser is eligible to receive the Reward provided by that Company. The Endorser acknowledges that distribution of the Reward is subject to the following:
      1. the Company notifying Endorser Pty Ltd of the successful Candidate within 3 days of hiring the Candidate; and
      2. the Company paying the relevant Fees to Endorser Pty Ltd within 7 days of the invoice date.
    6. The Endorser must not create a new Endorsement for the Candidate to a Company or Listing, within 180 days of the Candidate being hired by another Company.
    7. If applicable, Endorsers acknowledge that:
      1. if more than one Endorsement has been provided for a Candidate for the same Listing, then:
        1. the Candidate may choose to accept any or all of the Endorsements; and
        2. any Reward will be evenly distributed among the relevant chosen Endorsers.
      2. if the Candidate is, independent from the Site and Services, already known to the Company or has applied for the relevant Listing within 180 days prior to the Endorsement being made, the Reward is not payable to the Endorser by Endorser Pty Ltd. However, under these circumstances the Company may choose whether or not to accept the Endorsement.
    8. The Endorser acknowledges that job Share Reward entitlement is when:
      1. the share originates from the Endorser website;
      2. the candidate is endorsed from the shared job posting;
      3. When the candidate is successful and accepts the role.
    9. Within 5 days of being notified by the Company of a successful Endorsement, Endorsers have the option of allocating any or all of their Reward & Sharing Reward to a charity of their choice (Charity), in which case the allocated part of the Reward & Sharing Reward will be withheld by Endorser Pty Ltd. Endorser Pty Ltd will donate the allocated Reward to the Charity within 30 days of being notified by the Endorser. If the Endorser does not elect to donate to a Charity within 5 days, then the Reward will be paid in full to the Endorser.
  5. Candidate Obligations
    1. Within 7 days of receiving an Endorsement, Candidates may accept or decline the Endorsement sent to them by Endorsers. If Candidates choose to accept an Endorsement, the Candidate may choose to notify the Endorser and submit all necessary information requested by the Company.
    2. Each Candidate acknowledges that once an Endorsement is accepted:
      1. the Endorsement cannot be cancelled, changed or varied; and
      2. the Endorser cannot be changed.
    3. If the Candidate is also an Endorser, the Candidate warrants that they will not create an Endorsement for themselves.
    4. Each Candidate warrants that the information it provides to a Company will be true, accurate and not misleading.
    5. If a Candidate is successful in their application through an Endorsement, the Candidate may be eligible to receive the Company’s Bonus if detailed in the job advertisement.
    6. In the event the Candidate Bonus is payable the candidates have the option of allocating all or part of their Bonus to a Charity, in which case the allocated part of the Bonus will be withheld by Endorser Pty Ltd. Endorser Pty Ltd will donate the allocated Bonus to the Charity within 30 days of being notified by the Candidate. If the Candidate does not elect to donate to a Charity within 5 days, then the Reward will be paid in full to the Candidate.
    7. If a Candidate receives an Endorsement from an Endorser that they have no relationship to, the Candidate will immediately notify Endorser Pty Ltd of the false Endorsement.
    8. The Candidate acknowledges and agrees that if it is employed through the Site and Services, the terms of employment is strictly a matter between the Candidate and the Company. It is strictly and expressly not part of the Candidate’s agreement with Endorser Pty Ltd.
  6. Account Registration
    1. Each Company and Endorser may have one (1) Account on the Site including a Profile linked to one email address.
    2. Basic information is required when registering on the Site for an Account. Each User is required to provide certain information including name, email address, and location and select a username and password.
    3. Each User agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Endorser Pty Ltd reserves the right to suspend or terminate any User’s Account and his/her access to the Site and Services if any information provided to Endorser Pty Ltd proves to be inaccurate, not current or incomplete.
    4. It is the User’s responsibility to keep its Account details, username and password confidential. The User is liable for all activity on its Account, including purchases made using its account details. The User agrees that it will not disclose its password to any third party and that it will take sole responsibility for any activities or actions under its Account, whether or not it has authorised such activities or actions.
    5. The User will immediately notify Endorser Pty Ltd of any unauthorised use of its Account.
  7. Users and User Profiles
    1. A User’s Profile is created from the personal information the User provides to Endorser Pty Ltd.
    2. Each User acknowledges and agrees that it is responsible for its own Profile.
    3. Profiles for Companies are visible to any Endorser who accesses a Listing created by the Company. Profiles for Endorsers will only be visible to the Companies for which the Endorser has submitted an Endorsement to. Profiles for Endorsers are not visible to other Endorsers at any given time.
    4. Each User acknowledges and agrees that any communications entered into with another User is at his or her own risk. Endorser Pty Ltd does not provide a User with and cannot guarantee that other Users have genuine intentions.
    5. Each User should report to Endorser Pty Ltd, any activities or requests of Users which are, or which the User reasonably believes to be:
      1. suspicious;
      2. inconsistent;
      3. illegal; or
      4. likely to have a negative effect on the reputation of Endorser Pty Ltd, the Site, the Services and/or a User.
    6. Each User acknowledges and agrees that while the Site allows Users to communicate with each other, Users are not permitted to share the contact information of other Users.
    7. Endorser Pty Ltd assumes no responsibility for a User’s compliance with any applicable laws, rules and regulations.
    8. Endorser Pty Ltd reserves the right, at any time and without prior notice, to remove or disable access to any Account and/or Profile and/or Listing for any reason, including Accounts and/or Profiles and/or Listings that Endorser Pty Ltd, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
  8. Ratings
    1. Endorser Pty Ltd may rate a Profile of an Endorser (Rating), which determines the popularity of Endorser Profiles. Ratings are automatic and are based on the responses to the following criteria provided by the Company:
      1. Candidate placement successful;
      2. Candidate shortlisted;
      3. Candidate suitable but declined; and
      4. Candidate unsuitable and declined.
    2. Only Endorsers may receive Ratings. Ratings cannot be given to Companies or Candidates.
    3. Ratings of an Endorser can be viewed by any Company or Candidate who has access to the relevant Profile. Ratings will remain viewable until the relevant User’s Account and Profile is removed or terminated.
    4. If, in Endorser Pty Ltd’s reasonable assessment and on its sole discretion, a Rating is untrue, unfair, inaccurate, offensive or inappropriate, Endorser Pty Ltd may delete the Rating or ban the User from giving further Ratings. Endorser Pty Ltd does not undertake to review each Rating made by a User.
    5. To the fullest extent permitted by law, Endorser Pty Ltd is not responsible for any Ratings given to any Profile.
  9. Payments
    1. A Company is required to pay the Fees to Endorser Pty Ltd. Fees are determined as a percentage of the starting salary of the Candidate hired by the Company, excluding the Bonus, Reward or any other payments.
    2. Payment of Fees is conditional on the successful Endorsement and recruitment of a Candidate within 180 days of the relevant Listing being created on the Site.
    3. Each Company agrees to pay the Fees, in Australian dollars, within 7 days of the Candidate’s start date.
    4. Goods and Services Tax (GST) will be charged where applicable.
    5. As the Endorser and Candidate’s limited payment collection agent, Endorser Pty Ltd will collect from the Company the Fees on behalf of the Endorser and Candidate.
    6. Endorser Pty Ltd will invoice the Company the Fees payable by the Company to Endorser Pty Ltd. Within 7 days of receiving the Fees, Endorser Pty Ltd will facilitate payment according to the following:
      1. Endorser Pty Ltd will pay the Reward to the Endorser’s nominated Paypal or bank account for the Endorser’s services provided;
      2. Endorser Pty Ltd will pay the Share Reward to the Endorser’s nominated Paypal or bank account for the Endorser’s services provided;
      3. Endorser Pty Ltd will pay if eligible the Bonus to the Candidate’s nominated Paypal or bank account; and
      4. If the Endorser or Candidate notifies Endorser Pty Ltd of their desire to donate all or any of the Reward or Bonus to Charity, Endorser Pty Ltd will do so within 30 days of being notified.
    7. The Company may pay for the Services by direct transfer, direct debit or PayPal. The payment will be processed upon notification of a Candidate’s successful Endorsement. The Company must not pay, or attempt to pay, for the Services through any fraudulent or unlawful means.
    8. In the absence of fraud or mistake, all payments made are final and the Company shall not have the right to refund for any reason with exception to action taken under the Refund Policy set out in these Terms.
    9. If the Company makes a payment by debit card, the Company warrants that the information provided to Endorser Pty Ltd is true, accurate and complete, that the Company is authorised to use the debit or credit card to make the payment, that the payment will be honoured by the card issuer, and that the Company will maintain sufficient funds in the account to cover the purchase price.
    10. Nothing prevents Endorser Pty Ltd from taking any action necessary to recover any unpaid fees. If the Company fails to pay, the Company’s information will be passed on for collection and or legal action. The Company acknowledges and agrees that it is liable for and will pay all costs including debt collection, commission, solicitor’s fees and any out of pocket expense. If the Company at any time exceeds Endorser Pty Ltd’s payment terms and as a result are passed on for collection and or legal action, Endorser Pty Ltd may place a default against the Company with a credit reporting agency.
    11. Endorser Pty Ltd’s pricing structure or payment methods may be amended from time to time at its sole discretion. After a pricing change, each User has the choice to continue using the Site, or to cease to use the Site without penalty.
  10. Limited Payment Collection Agent
    1. Each Endorser appoints Endorser Pty Ltd as the Endorser’s limited payment collection agent solely for the purpose of accepting the Reward from the Company.
    2. Each Candidate appoints Endorser Pty Ltd as the Candidate’s limited payment collection agent solely for the purpose of accepting the Bonus from the Company.
    3. Each User agrees that payment of a Reward and Bonus in respect of an Endorser and Candidate by a Company to Endorser Pty Ltd, as that Endorser and Candidate’s limited payment collection agent, shall be considered the same as a payment made directly by that Company to the relevant Endorser and Candidate.
    4. Each User agrees that Endorser Pty Ltd, as the Endorser and Candidate’s limited payment collection agent, may permit a Company to cancel the Fees and provide the Company with a refund of the Fees, if the Candidate does not commence employment on the agreed start date, in accordance with the refund policy set out in these Terms. If this occurs, no Reward or Bonus is payable.
    5. Endorser Pty Ltd, as limited payment collection agent for the Endorser and Candidate, agrees to facilitate the payment of any Reward and Bonus to the Endorser and Candidate respectively, within 7 days of receiving the Fees unless otherwise agreed between Endorser Pty Ltd and the Endorser and Candidate. If Endorser Pty Ltd does not remit such amounts, the Endorser and Candidate have recourse only against Endorser Pty Ltd, not the Company.
    6. Subject to clause 10(g), the Endorser and Candidate may elect to give any or all of their Reward and/or Bonus to a Charity, in which case Endorser Pty Ltd will withhold this amount and distribute it to the chosen Charity as according to the Endorser and Candidate’s wishes. The Charity will then issue a tax invoice directly to the Endorser and Candidate.
    7. Endorser Pty Ltd does not guarantee that Charities will accept donations by Endorser Pty Ltd on behalf of the Endorser or Candidate. If the chosen Charity does not accept this process, Endorser Pty Ltd will distribute the Reward and Bonus in full to the Endorser or Candidate, and the Endorser or Candidate may make the donation directly.
    8. Notwithstanding Endorser Pty Ltd’s appointment as limited payment collection agent of each Endorser and Candidate, Endorser Pty Ltd explicitly disclaims all liability for any acts or omissions of the Endorser or Candidate or any other third parties.
  11. Offers and Promotions
    1. Endorser Pty Ltd may, from time to time, make offers or promotions which may be applicable to the Services.
    2. The conditions of such offers or promotions will be specified on the Site.
    3. The User acknowledges and agrees that Endorser Pty Ltd may, at its sole discretion, remove or extend any offers or promotions, and Endorser Pty Ltd will not be responsible or liable for any potential loss or damage which the User incurs as a result of the removal or extension of any offers or promotions.
  12. Dispute Resolution
    1. By using our Site and Services, each User agrees that any legal remedy or liability that he or she may seek to obtain for actions or omissions of a Company, Endorser, Candidate or other third party, will be limited to a claim against the Company, Endorser, Candidate or other third party, who caused harm to him or her. Endorser Pty Ltd encourages Users to communicate directly with the relevant Company, Endorser, Candidate or third party to resolve any disputes.
    2. Endorser Pty Ltd welcomes feedback from its Users. Endorser Pty Ltd seeks to resolve concerns quickly and effectively. If any User has any feedback or questions about the Services, please contact any member of the staff.
    3. If there are any complaints from a User, Endorser Pty Ltd will aim to respond and provide a suitable solution within 45 days. If a User is not satisfied with Endorser Pty Ltd’s response, the User and Endorser Pty Ltd agree to the following dispute resolution procedure:
      1. The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The User and Endorser Pty Ltd agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
      2. If a resolution cannot be agreed upon at the Initial Meeting, either the User or Endorser Pty Ltd may refer the matter to a mediator. If the User and Endorser Pty Ltd cannot agree on who the mediator should be, the complainant will ask the Law Society of Victoria to appoint a mediator. The mediator will decide the time and place for mediation. Each party to the dispute must attend the mediation in good faith, to seek to resolve the dispute.
    4. Any attempts made by a party to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of either party under these Terms, by law or in equity.
  13. Cancellation
    1. If a User wishes to cancel its Account, it can do so by writing an email to admin@endorser.com.au.
    2. No refunds will be made upon cancellation except as specified in the Refund Policy set out in these Terms.
  14. Refund Policy
    1. Endorser Pty Ltd will refund any Fees, including any Reward and Bonus, to the Company if the successful Candidate does not commence employment on the agreed start date between the Company and Candidate. Unless required by law, Endorser Pty Ltd will not provide a refund in other circumstances.
    2. Any subsequent termination of a Candidate’s position is strictly a matter between the Company and Candidate. Endorser Pty Ltd will not refund any Fees to the Company for the following:
      1. if the Candidate proves unqualified for the job position he/she was hired for;
      2. if the Company terminates the Candidate; or
      3. if the Candidate resigns from the Company.
  15. Consumer Guarantees
    1. Consumer legislation in Australia including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) provides consumers with guarantees that cannot be excluded, restricted or modified (Rights). Similar consumer protection laws and regulations in other countries may provide consumers with similar
    2. If the User is a consumer as defined in the ACL, the following notice applies to the User from Endorser Pty Ltd: “We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.”
  16. Intellectual Property
    1. All logos, slogans, content, designs, diagrams, drawings, graphics, images, layouts, appearance, videos, ideas, methods, databases, codes, algorithms, software, fees, pricing, notes, documents, domain names, confidential information, copyright, rights in circuit layouts (or similar rights), registered or unregistered trade marks, trade names, patent, know-how, trade secrets and any other intellectual or industrial property whether such rights are capable of being registered or not (collectively Intellectual Property), including but not limited to copyright which subsists in all creative and literary works displayed on the Site and Services, the layout, appearance and look of the Site, together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world, whether created before or after the date of these Terms and whether used or contained in the Site is owned, controlled or licensed to Endorser Pty Ltd (or its affiliates and/or third party licensors as applicable).
    2. The User agrees that, as between the User and Endorser Pty Ltd, Endorser Pty Ltd owns or holds the relevant licence to all Intellectual Property rights in the Site and Services, and that nothing in these Terms constitutes a transfer of any Intellectual Property. The Intellectual Property, Site and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary or industrial rights whether such rights are capable of being registered or not, and also may have security components that protect digital information only as authorised by Endorser Pty Ltd or the owner of the content.
    3. Some Intellectual Property used in connection with the Site and Services are the trademarks of their respective owners (collectively Third Party Marks).
    4. Endorser Pty Ltd’s Intellectual Property and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Endorser Pty Ltd or the applicable trademark holder or Intellectual Property owner.
    5. Users of the Site do not obtain any interest or licence in the Intellectual Property or Third Party Marks without the prior written permission of Endorser Pty Ltd or the applicable Intellectual Property owner. Users may not do anything which interferes with or breaches the Intellectual Property rights.
  17. User Licence
    1. Subject to these Terms, Endorser Pty Ltd grants the User a personal, non-exclusive, non-transferable, limited and revocable licence to use the Site and Services for its own personal and/or non-commercial use only on a computer or mobile device owned or controlled by the User as permitted in accordance with these Terms (User Licence), and not to use the Site and Services in any other way or for any other purpose, apart from local fair dealing legislation in accordance with the Copyright Act 1968 (Cth). All other uses are prohibited without Endorser Pty Ltd’s prior written consent.
    2. The right to use the Site and Services is licensed to the User and not being sold to the User. A User has no rights in the Site and Services other than to use it in accordance with these Terms.
    3. This Agreement and User Licence governs any updates to, or supplements or replacements for the Site and Services, unless separate Terms accompany such updates, supplements or replacements, in which case the separate Terms will apply.
  18. Permitted and Prohibited Conduct
    1. The User is solely responsible for compliance with any and all laws, rules, regulations, including but not limited to tax obligations that may apply to its use of the Site and Services. In connection with the User’s use of the Site and Services, the User may not and agrees that it will not:
      1. use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms;
      2. register for more than one Account or register for an Account on behalf of another individual and/or entity;
      3. give any Rating or upload any content (including but not limited to User Content) that is offensive, contains nudity or inappropriate language, contains racial or religious ranting or discrimination or defames another User, Profile or Listing;
      4. submit any false or misleading information;
      5. as a Company:
        1. create a Listings it does not intend to honour or cannot provide;
        2. use the Services to find a suitable Candidate and then hire the Candidate independent of the Services in order to circumvent the obligation to pay any Fees related to Endorser Pty Ltd’s provision of the Services;
      6. as an Endorser, create an Endorsement for any Candidate it does not genuinely and reasonably believe to be suitable for a Listing;
      7. as a Candidate, accept any Endorsement it does not intend to honour, excluding a genuine and reasonable change of mind;
      8. violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
      9. copy, store or otherwise access any information contained on the Site and Services or content for purposes not expressly permitted by these Terms;
      10. infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
      11. use the Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
      12. use the Site or Services in connection with the distribution of unsolicited commercial email, i.e. spam or advertisements;
      13. stalk or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a User on the Site;
      14. use, display, mirror or frame the Site, or any individual element within the Site or Services, Endorser Pty Ltd’s name, any Endorser Pty Ltd trademark, logo or other Intellectual Property, information, or the layout and design of any page or form contained on a page, without Endorser Pty Ltd’s express written consent; or
      15. advocate, encourage, or assist any third party in doing any of the foregoing.
  19. Content
    1. The Site, Services, and Intellectual Property are protected by copyright, trademark, and other laws of Australia and international countries. The User acknowledges and agrees that the Site, Services and Intellectual Property, including all associated intellectual property rights are the exclusive property of Endorser Pty Ltd and its licensors. The User will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site and Services, or Intellectual Property.
    2. The User must not post, upload, publish, submit or transmit any content that:
      1. infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
      2. is fraudulent, false, misleading or deceptive;
      3. denigrates Endorser Pty Ltd, the Site, Services, or any User;
      4. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
      5. is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
      6. is violent or threatening or promotes violence or actions that are threatening to any other person; or
      7. promotes illegal or harmful activities or substances.
  20. User Content
    1. Users are permitted to post, upload, publish, submit or transmit relevant information and content (User Content). By making available any User Content or any Intellectual Property on or through the Site and Services, the User grants to Endorser Pty Ltd a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content and Intellectual Property, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content and Intellectual Property on, through, or by means of the Site and Services.
    2. The User agrees that it is solely responsible for all User Content and Intellectual Property that it makes available through the Site and Services. The User represents and warrants that:
      1. it is either the sole and exclusive owner of all User Content and Intellectual Property that it makes available through the Site and Services, or that it has all rights, licences, consents and releases that are necessary to grant to Endorser Pty Ltd the rights in such User Content or Intellectual Property, as contemplated under these Terms; and
      2. neither the User Content nor the posting, uploading, publication, submission or transmittal of the User Content or Endorser Pty Ltd’s use of the User Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other Intellectual Property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
    3. Endorser Pty Ltd may at its sole discretion remove any User Content that is offensive or in breach of these Terms.
  21. Disclaimers
    1. Endorser Pty Ltd does not guarantee that:
      1. any Company will be contacted by any Candidate or Endorser;
      2. any Company will be able to find suitable Candidates;
      3. any Endorser will be able to find an appropriate Listing for which they may create an Endorsement;
      4. any Endorsement by an Endorser will be accepted by the Candidate;
      5. any Candidate will be able to find a desirable Listing; and
      6. any Candidate will receive an Endorsement.
    2. Endorser Pty Ltd does not endorse any User, Profile or Listing whether available on this Site or available by a link to a third party website. Endorser Pty Ltd requires Companies and Endorsers to confirm that they have provided accurate information. Endorser Pty Ltd does not perform any sort of background checks of any Users including but not limited to Companies, and does not confirm any Company’s identity, Profile or Listing.
    3. Endorser Pty Ltd cannot and does not control:
      1. the content contained in any Profiles;
      2. the condition, legality or suitability of any Company;
      3. the condition, legality or suitability of any Candidate;
      4. the condition, legality or suitability of any Endorsement.
    4. Each Endorser and Candidate is responsible for determining the identity and suitability of each Company that they contact via the Services.
    5. Endorser Pty Ltd accepts no responsibility for and makes no representations or warranties to the User or to any other person or entity as to the reliability, accuracy or completeness of the information contained on the Site. Endorser Pty Ltd disclaims any and all liability related to any and all Users, Profiles and Listings.
    6. By using the Site or Services, the User agrees that any legal remedy or liability that it seeks to obtain for actions or omissions of any other User or other third parties will be limited to a claim against the that User or other third party who caused it harm. Endorser Pty Ltd encourages the User to communicate directly with the relevant User on the Site and Services regarding any communications or arrangements made between them and to resolve any dispute between them.
    7. To the fullest extent allowable under applicable law, Endorser Pty Ltd disclaims all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the Site or Services are merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non-infringing or free of defects or errors.
    8. For the avoidance of doubt, neither Endorsers nor Candidates are employed by, the agent of, or in partnership with Endorser Pty Ltd. Endorser Pty Ltd is not responsible for any duties, fees, taxation, employment law, visa or immigration matters associated under these Terms. All Users using the Site and Services should seek advice in relation to these matters. Each User acknowledges and agrees that it is responsible for the payment of its own taxes and payments that arise as a result of the Site and Services, and it indemnifies Endorser Pty Ltd against any such taxes and payments.
    9. Each User who uses the Site and the Services does so at their own risk.
    10. Endorser Pty Ltd excludes all express and implied conditions and warranties, except for the User’s Rights, to the fullest extent permitted by law, including but not limited to:
      1. Endorser Pty Ltd expressly disclaims any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms;
      2. Endorser Pty Ltd does not warrant that the Site, the Services, content on the Site (including pictures, videos, sound clips, resumes, links etc.), or the User’s access to the Site or the Services will be error free, that any defects will be corrected or that the Site or the server which stores and transmits material to the User is free of viruses or any other harmful components;
      3. Endorser Pty Ltd takes no responsibility for, and will not be liable for, the Site, the Services, any Users or any Listings being unavailable, of a particular standard of workmanship, failing to meet the Profile description, failing to meet the Listing description, failing to meet the User’s needs, or being of less than merchantable quality; and
      4. Endorser Pty Ltd will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special, consequential and/or incidental, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal, bodily injury, death or emotional distress, loss of revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on the User’s information systems or costs of replacement goods, or otherwise, suffered by the User or claims made against the User, arising out of or in connection with the Site, Services, content on the Site, inability to access or use the Site, the Services, any Profile, any Listing or the Terms, even if Endorser Pty Ltd was expressly advised of the likelihood of such loss or damage.
    11. The User agrees not to attempt to impose liability on, or seek any legal remedy from Endorser Pty Ltd with respect to such actions or omissions.
  22. Limitation of Liability
    1. Endorser Pty Ltd’s total liability arising out of or in connection with the Site, the Services or the Terms, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed the total fees paid by the User to Endorser Pty Ltd in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made, as applicable.
    2. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Endorser Pty Ltd and the User. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to the User.
    3. This limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Endorser Pty Ltd.
  23. Indemnity
    1. Each User agrees to defend and indemnify and hold Endorser Pty Ltd (and Endorser Pty Ltd’s parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to the User’s use of or access to the Services; any breach by the User of these Terms; any wilful, unlawful or negligent act or omission by the User; and any violation by the User of any applicable laws or the rights of any third party.
    2. Endorser Pty Ltd reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defences.
    3. This defence and indemnification obligation will survive these Terms and the User’s use of the Site or Services. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by the User, but may be assigned by Endorser Pty Ltd without restriction.
  24. General
    1. Accuracy: While Endorser Pty Ltd will endeavour to keep the information up to date and correct, Endorser Pty Ltd makes no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site for any particular purpose. The User hereby acknowledges that such information and materials may contain mistakes, inaccuracies or errors and Endorser Pty Ltd expressly excludes any liability for such to the fullest extent permissible by law.
    2. Termination: Endorser Pty Ltd reserves the right to refuse supply of the Services required by any User, terminate any User’s Account, terminate its contract with any User, and remove or edit content on the Site at its sole discretion, without incurring any liability to the User. If Endorser Pty Ltd decides to terminate a User’s Account, the User’s Account will be deactivated, its password will be disabled and it will not be able to access the Site, Services, its Account or its User Content, with or without notice to the User.
    3. Fraudulent Activities: Each User acknowledges and agrees that, in the event Endorser Pty Ltd reasonably suspects that there are fraudulent activities occurring within the Site and Services, Endorser Pty Ltd reserves the right to immediately terminate any Accounts involved in such activities, contact the relevant authorities and provide all necessary information to assist in proceedings and investigations.
    4. Force Majeure: Endorser Pty Ltd will not be liable for any delay or failure to perform its obligations under the Terms if such delay is due to any circumstance beyond its reasonable control.
    5. Notice: Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other party.
    6. Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by Endorser Pty Ltd of any of the Terms shall be effective unless Endorser Pty Ltd expressly states that it is a waiver and Endorser Pty Ltd communicates it to the User in writing.
    7. Assignment: A User must not assign any rights and obligations under the Terms whether in whole or in part without Endorser Pty Ltd’s prior written consent.
    8. Severability: If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
    9. Jurisdiction and Applicable Law: These Terms, use of this Site, the Services and any dispute arising out of any User’s use of the Site or Services is subject to the laws of Victoria, Australia, and subject to the exclusive jurisdiction of the Victorian courts. The Site may be accessed throughout Australia and overseas. Endorser Pty Ltd makes no representation that the content of the Site complies with the laws (including intellectual property laws) of any country outside Australia. If a User accesses the Site from outside Australia, it does so as its own risk and are responsible for complying with the laws in the place where he/she accesses the Site.
    10. Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between Endorser Pty Ltd and each User, and supersede any prior agreement, understanding or arrangement between Endorser Pty Ltd and each User, whether oral or in writing.

For questions and notices, please contact us at:

Endorser Pty Ltd (ABN 54 614 726 402)
25 Karnak Road Ashburton 3147
Email: admin@endorser.com.au

Last update: 25 February 2017