These Terms and Conditions ("Terms") govern your access to and use of the recruiter services offered through TheFairNet ("we", "us", "our"). By creating a recruiter account, accessing the recruiter dashboard, or using any recruiter feature, you agree to be bound by these Terms.
If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" refers to that entity.
Please read carefully. These Terms include limitations of liability and an indemnity in our favour (sections 14 and 15). If you do not agree with them, do not use the recruiter platform.
TheFairNet is a platform connecting members ("Members") with recruiters and employers. The recruiter platform provides search, individual messaging, bulk messaging, and related tools. We are not an employment agency, we do not act as your agent, and we do not participate in any hiring decision. We merely provide the technical means by which you may identify and contact Members who have not opted out of recruiter contact.
To use the recruiter platform you must:
We may refuse registration, or require additional verification, at our discretion — including where an email domain appears to be shared, disposable, or unrelated to a genuine hiring function.
You must provide accurate, current, and complete information when registering and keep it up to date. You will be asked to verify your email address with a one-time code. Your Account is verified upon successful entry of that code, and may be suspended if we later determine the details you provided are false or misleading.
Your company name is locked after registration and cannot be changed through the platform. This is an anti-fraud measure. To change it, contact Support (https://thefairnet.com/support.php) from your registered email address.
You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your Account. You must:
We log in to your Account using email-based two-factor verification. We are not liable for losses arising from your failure to keep your credentials secure.
All prices on TheFairNet are in Australian Dollars (AUD) and are inclusive of GST where applicable.
Bulk message quotas reset at the start of each billing period and do not roll over. Unused bulk messages are forfeited. Individual messages are available on all Plans but are subject to daily and hourly rate limits which we may adjust from time to time to protect Members and platform integrity.
A Member may only be messaged once in any 30-day period unless they reply, and Members who have opted out of recruiter contact cannot be messaged at all. Messages that are blocked by these rules do not consume your quota.
Subscriptions are billed through our payment processor, Stripe. By subscribing you authorise us (via Stripe) to charge your nominated payment method on a recurring monthly basis until you cancel.
Nothing in this section excludes any consumer guarantee you may have under the Competition and Consumer Act 2010 (Cth) that cannot lawfully be excluded.
You must not use the recruiter platform to:
You are solely responsible for the Content of every message you send through the platform, and for complying with all laws that apply to your communications with Members.
Member information you access through the platform is provided to you solely for the purpose of identifying and contacting candidates about genuine employment opportunities. You must not:
Member contact details are not shared with recruiters. All communications occur inside TheFairNet. You acknowledge that you are a separate data controller in respect of any personal information you handle, and that you must comply with the Australian Privacy Principles (and any other applicable privacy laws) in your own right.
Our handling of your own personal information is described in our Privacy Policy.
You retain ownership of the Content you submit. By submitting Content you grant us a non-exclusive, worldwide, royalty-free licence to store, process, transmit, and display that Content solely as required to operate and improve the platform, to comply with law, and to enforce these Terms. We do not use your message Content for marketing.
You represent and warrant that you have all necessary rights to submit your Content and that it does not infringe the rights of any third party or breach any law.
The platform, including its software, design, search functionality, text, graphics, and logos, is owned by us or our licensors and is protected by copyright and other intellectual property laws. You must not copy, modify, distribute, reverse-engineer, or create derivative works from any part of the platform except as expressly permitted by these Terms or by law.
We may suspend, restrict, or terminate your Account, with or without notice, if we reasonably believe you have:
You may close your Account at any time by contacting us. Termination does not entitle you to a refund of any prepaid fees. Sections that by their nature should survive termination — including sections 8, 9, 10, 14, 15, and 16 — will continue to apply.
We aim to keep the platform available and functional, but we do not guarantee uninterrupted or error-free operation. We may modify, suspend, or discontinue any feature at any time. Where a change materially reduces the value of a paid Plan, we will give reasonable notice and, where required by law, a pro-rata refund.
To the maximum extent permitted by law, the platform is provided "as is" and we make no warranty that any Member will respond to your messages, that you will make any hire, or that search results will be complete or accurate.
To the maximum extent permitted by law, our total aggregate liability to you arising out of or in connection with these Terms or the platform is limited to the greater of:
We are not liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profit, revenue, data, goodwill, or business opportunity, however arising.
Nothing in these Terms excludes, restricts, or modifies any guarantee, warranty, right, or remedy you may have under the Competition and Consumer Act 2010 (Cth) or any other law that cannot lawfully be excluded, restricted, or modified.
You indemnify us, our directors, officers, employees, and agents against any claim, loss, damage, liability, cost, or expense (including reasonable legal fees) arising out of or in connection with:
These Terms are governed by the laws of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of New South Wales and the courts competent to hear appeals from them.
Before commencing proceedings, you agree to attempt in good faith to resolve any dispute by contacting us at https://thefairnet.com/support.php and allowing us a reasonable opportunity to respond.
We may update these Terms from time to time. Material changes will be notified by email and/or by a prominent notice on the platform at least 30 days before they take effect. Your continued use of the platform after the effective date constitutes acceptance of the updated Terms. If you do not agree, you must stop using the platform and may cancel your Subscription.
Questions about these Terms? Contact us at https://thefairnet.com/support.php