Terms of Service

Acceptance of Terms

By accessing and using the Prosper Talent Management website (hereinafter referred to as "the Website"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service (hereinafter referred to as "Terms"). If you do not agree with any part of these Terms, you must not use the Website.  

Services Provided

Prosper Talent Management provides talent management and recruitment services, specialising in the digital marketing industry. This includes, but is not limited to:

  • Connecting digital marketing professionals with potential employers.

  • Providing career advice and resources.

  • Facilitating recruitment processes for clients.

  • Providing information about digital marketing industry trends.

User Obligations

  • Accuracy of Information: You warrant that all information you provide is accurate, current and complete.

  • Lawful Use: You agree to use the Website only for lawful purposes, and in compliance with all applicable Australian laws, including but not limited to the Competition and Consumer Act 2010 (Cth) and the Privacy Act 1988 (Cth).

  • Prohibited Conduct: You must not engage in any activity that could harm, disrupt or interfere with the Website or its services, including but not limited to:

    • Unauthorised access to our systems.

    • Data scraping, web crawling or automated data collection.

    • Distribution of malicious software or viruses.

    • Posting or transmitting unlawful, defamatory or offensive content.

    • Impersonating another person or entity.

  • Intellectual Property: All content on the Website, including text, graphics, logos and software, is the property of Prosper Talent Management or its licensors and is protected by copyright and other intellectual property laws. You may not reproduce, distribute or modify any content without our express written consent.  

  • User Content: Any content you upload to the Website is your sole responsibility. You grant Prosper Talent Management a non-exclusive, royalty-free licence to use, reproduce and display such content on the Website and in its marketing materials for the purpose of operating and promoting its services. You retain ownership of your User Content.

Client and Candidate Responsibilities

  • Clients: You are responsible for the accuracy of job descriptions and requirements and compliance with all applicable employment laws and regulations, including anti-discrimination laws. Prosper Talent Management may perform a client verification process to ensure the legitimacy of the company, and the positions provided.

  • Candidates: You are responsible for the accuracy of your resume, qualifications and other information provided. You agree to comply with all applicable laws related to employment and recruitment. Prosper Talent Management may perform a candidate verification process to ensure the legitimacy of the candidate, and the information they have supplied.

  • Information Ownership: All information provided to Prosper Talent Management, including resumes and job descriptions, may be stored and used in accordance with our Privacy Policy.

Privacy

Your use of the Website is subject to our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use and disclosure of your personal information, in compliance with the Privacy Act 1988 (Cth).  

Disclaimer of Warranties

  • The Website and its services are provided on an "as is" and "as available" basis.

  • Prosper Talent Management makes no warranties, express or implied, regarding the accuracy, completeness or reliability of the Website or its content.  

  • We do not warrant that the Website will be uninterrupted or error-free.  

  • We make no guarantees of employment or placement.

  • To the fullest extent permitted by law, all implied warranties are excluded.

Limitation of Liability

  • Prosper Talent Management shall not be liable for any direct, indirect, incidental, consequential or punitive damages arising from your use of the Website or its services, except to the extent such liability cannot be excluded under the Australian Consumer Law (ACL).  

  • Our liability for any breach of a guarantee under the ACL is limited, at our option, to the supply of the services again or the payment of the cost of having the services supplied again.  

  • In no event shall our total liability exceed the amount paid by you, if any, for accessing the Website.  

Indemnification

You agree to indemnify and hold Prosper Talent Management harmless from any claims, damages or losses arising from your use of the Website, your violation of these Terms, or your infringement of any third-party rights.

Termination

Prosper Talent Management reserves the right to terminate your access to the Website at any time, without notice, for any reason, including but not limited to your violation of these Terms. Upon termination, any user data will be handled in accordance with our Privacy Policy.  

Links to Third-Party Websites

The Website may contain links to third-party websites. Prosper Talent Management is not responsible for the content, privacy practices or security of these websites. Use of third-party websites is at your own risk.

Changes to Terms of Service

Prosper Talent Management reserves the right to modify these Terms at any time. We will post any changes on the Website, and your continued use of the Website constitutes acceptance of the revised Terms. We will review these terms regularly.  

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Australia. Any disputes arising from these Terms shall be resolved in Australian courts.  

Contact Information

For any questions or concerns about these Terms, please contact us at: Contact@prospermanagement.com.au

Australian Consumer Law (ACL) Compliance

Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law (ACL) or any other applicable laws that cannot be excluded, restricted or modified.  

Specific Digital Marketing Context

Given our specialisation in digital marketing talent, we are not responsible for the specific outcomes of any employment relationships formed through our services. Clients and candidates are responsible for verifying the accuracy of all information related to digital marketing skills and experience.

Data Security

Prosper Talent Management implements reasonable security measures to protect your data, including encryption and access controls. If third-party data storage solutions are used, Prosper Talent Management has taken reasonable steps to ensure the security of those solutions. However, we cannot guarantee absolute security. You acknowledge and accept the inherent risks of data transmission over the internet.

Dispute Resolution

Any disputes arising from these Terms shall be resolved through good faith negotiations. If a resolution cannot be reached, the parties agree to consider mediation before pursuing litigation.