MATURIOUS PTY LTD (ABN: 69 609 196 232)
Terms of Service
The Company provides the “Maturious” talent matching platform for employers and mature-age job seekers. Use of Maturious is subject to these Terms of Service.
The following terms are used regularly throughout these Terms of Service and have a particular meaning:
(a) ABN means Australia Business Number.
(b) Account means a registered account within Maturious and includes both Employer and Candidate accounts.
(c) Agreement means the agreement formed between the Users and the Company under, and on the terms of, these Terms of Service.
(d) Authorised User means any registered user of Maturious authorised to access an
(e) Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Sydney, Australia.
(f) Candidate means a registered user of Maturious that creates a Capability Profile.
(g) Capability Profile means a Candidate’s personal profile used to find Matched Jobs.
(i) Company means Maturious Pty Ltd ABN 69 609 196 232.
(i) Confidential Information means any written or verbal information that:
(i) Any information deemed as confidential under this Agreement;
(ii) A party informs the other party that it considers it confidential and/or proprietary;
(iii) A party would reasonably consider to be confidential in the circumstances; and
(iv) Is personal information within the meaning of the Privacy Act and GDPR.
but does not include information that a party can establish:
(v) Was in the public domain at the time it was given to that party;
(vi) Became part of the public domain, without that party’s involvement in any way, after being given to the party;
(vii) Was in party's possession when it was given to the party, without having been acquired (directly or indirectly) from the disclosing party; or
(viii) Was received from another person who had the unrestricted legal right to disclose that information free from any confidentiality obligation.
(j) Corporations Act means the Corporations Act 2001 (Cth).
(k) Employer means a registered user of Maturious that adds Jobs.
(l) Fee means a fee charged by the Company for use of Maturious.
(m) Fee Proposal means any additional terms agreed between the Company and the Employer, in particular with respect to the Fees payable by the Employer.
(n) GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
(o) Ideal Candidate Profile means the Employer’s ideal candidate profile for a Job.
(p) Intellectual Property means all copyright, patents, inventions, trade secrets, know-how, product formulations, designs, circuit layouts, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property.
(q) Introduction means the Company providing the Employer with Personal Information of the Candidate for the purpose of arranging an interview with the Candidate.
(r) Job means a job added by the Employer for the purpose of filling a vacancy.
(s) Job Application means a Candidate’s application for a Matched Job.
(t) Matched Job means a Job that has been matched to the Candidate via Maturious and available to the Candidate for a Job Application.
(u) Matched Job Notification means a text message sent to the Candidate’s mobile phone number notifying the Candidate that they have a Matched Job.
(v) Maturious means the “Maturious” talent matching platform accessible from the Site.
(w) Personal Information has the same meaning as in the Privacy Act.
(x) Privacy Act means the Privacy Act 1988 (Cth).
(z) Site means http://www.maturious.com.au/ and any other URL where the Company makes Maturious available from time-to-time.
(aa) Tax Invoice has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
(bb) Terms of Service means the terms and conditions of using Maturious, as updated from time-to-time, which can be found at the Site.
(cc) TPS means an online third-party service provider with whom a User holds an account.
(dd) User means any Employer, Candidate or Authorised User.
(ee) User Content means images, information, documents or other data that is uploaded or input into Maturious by the User or that forms part of the User’s Intellectual Property.
(ff) Viable Candidate means a Candidate who has been shortlisted for a Job.
(a) Candidates (Clause 3); and
(b) Employers (Clause 4).
1.2 In addition to any other express or implied consents, by using Maturious the User accepts and agrees to the terms of:
(a) These Terms of Service; and
1.3 The licence granted under these Terms of Service shall be ongoing until terminated in accordance with the terms of these Terms of Service.
1.4 The User agrees that it is responsible for the conduct of any Authorised User of its Account, who each must enter into and comply with these Terms of Service.
1.5 Maturious is a platform connecting Employers and Candidates for employment purposes and the User acknowledges that it is independent to the Company and will not hold itself out as an employee, contractor or agent of the Company
2. Using Maturious
(a) To access Maturious, the User must have set up their Account (either as an Employer or Candidate, as the case may be).
(b) The User must ensure that all information entered into Maturious is complete, accurate and up-to-date at all times. Users can update their information at any time within their Account.
(c) Maturious is only available for mature-age Candidates. By creating a Capability Profile, the Candidate represents to the Company that they are:
(i) 45 years of age and above; and
(ii) An Australian citizen or otherwise hold a requisite current visa permitting employment in Australia.
(d) The Company may permit or deny the User an Account in its absolute discretion (although the User may generally obtain an Account by completing registration and accepting these Terms of Service).
(e) The User agrees that all use of Maturious is subject to these Terms of Service and must immediately cease to use Maturious if the User can no longer agree or adhere to these Terms of Service.
(f) The Company may suspend an Account or restrict the access of any User that breaches the terms of these Terms of Service.
(a) Maturious allows a Candidate to:
(i) Create and manage Capability Profiles;
(ii) Manage Job Applications;
(iii) Receive Matched Job Notifications and other communications;
(iv) Connect with Employers via Introduction; and
(v) Such other features as the Company may make available from time-to-time.
(b) Maturious allows an Employer to:
(i) Add and manage Jobs;
(ii) Create Ideal Candidate Profiles;
(iii) View and accept Capability Profiles of Viable Candidates;
(iv) Permit Authorised Users;
(v) Connect with Viable Candidates via Introduction; and
(vi) Such other features as the Company may make available from time-to-time.
2.3 Conduct. The User acknowledges and agrees that:
(a) The Company accepts no responsibility for the conduct of any User.
(b) The Company accepts no responsibility for any interaction between Users as a result of using Maturious, including employee interviews and placements with respect to Jobs.
(c) The Company makes no warranty or representation as to the accuracy of any information provided by any User.
(d) The Company makes no warranty as to the character or credentials of any User.
3. Candidate Terms
3.1 The Candidate agrees and accepts that:
(a) The Candidate must ensure that all information in their Capability Profile is true, accurate and complete, including (without limitation) all contact information, date of birth, qualifications, training, experience, employment history and talents.
(b) The Candidate must deactivate and/or remove their Capability Profile from Maturious should they no longer be available for Jobs.
(c) Prior to making a Job Application, the Candidate must ensure that they:
(i) Have read the Job description in full;
(ii) Understand and meet the requirements of the Job;
(iii) Where applicable, possess any qualifications required for the Job; and
(iv) Have obtained or applied for any necessary permissions or authorisations necessary to start the Job.
(d) The Candidate is solely responsible for determining the appropriateness of any Matched Job prior to making a Job Application.
(e) The Candidate will have 48 hours from receiving a Matched Job Notification to submit a Job Application, otherwise the Matched Job will expire and the Candidate will no longer be available to submit a Job Application, subject to the Company and/or Employer agreeing otherwise in its complete discretion.
(f) The Company makes no representation or guarantee that the Candidate will find Matched Jobs or be successful in Job Applications.
(g) The Company makes no representation or guarantee that Jobs and other information made available to the Candidate via Maturious are complete, accurate and up-to-date, including an Employer’s profile and vacancies for Jobs.
(h) The Company may send the Candidate emails, text messages and other alerts in relation to their use of Maturious.
(i) Where the Company has reasonable grounds to believe that the Candidate is in breach of these Terms of Service (for example, by including false and inaccurate information in their Capability Profile), the Company may in its complete discretion decline to forward a Job Application to an Employer or make an Introduction.
4. Employer Terms
4.1 The Employer agrees and accepts that:
(a) The Employer must ensure that all information in their profile and added Jobs are true, accurate and complete, including (without limitation) the Employer’s name, ABN, size and description, and the Job’s role, vacancy, salary and description.
(b) The Ideal Candidate Profile created by the Employer will be primary source for matching Viable Candidates for Jobs and the Employer must ensure that their Ideal Candidate Profiles are accurate and up-to-date, and in particular the preferences and rating of key talents set by the Employer.
(c) The Company makes no representation or guarantee that the Employer will be successful in finding Candidates for a Job, and in no way endorses the suitability or availability of Candidates for Jobs.
(d) The Company makes no representation or guarantee that Capability Profiles and other information made available to the Employer via Maturious are complete, accurate and up-to-date, including a Candidate’s availability for Jobs.
(e) The Company does not vet or assess any Candidate and the Employer is solely responsible for determining the appropriateness of any Candidate prior to accepting a Job Application and must exercise their own due diligence before relying on a Capability Profile and/or Maturious.
(f) The Company accepts no responsibility or obligation with the respect to the employment of any successful Candidate placed for a Job.
(g) The Employer must provide written notice to the Company within 2 Business Days of accepting and securing a Candidate for Job.
5. Fees, Payments & Refunds
(a) Fees shall be as advertised on the Site and/or within Maturious, or as otherwise communicated in writing to the Employer (including by Fee Proposal) and by proceeding with any paid service the Employer agrees to pay those Fees without deduction or setoff.
(b) Unless agreed otherwise between the parties from time-to-time, any Fees to be paid by the Employer for use of Maturious and/or the placement of Candidates shall be made via credit card within 7 days of the date of the relevant Tax Invoice prepared by the Company in accordance with clause 3.
(c) The Company reserves the right to introduce or change any Fees from time-to-time by giving the User written notice. Any new or changed Fees will apply at the next transaction after the User has been given such notice.
(d) If a User does not accept a change to any Fees, then it can simply terminate its Account and stop using Maturious.
All Fees are payable in Australian dollars, however transactions may be processed in an equivalent foreign currency (such as US dollars or Euros).
For Users in Australia, GST is applicable to any Fees charged by the Company to the User. Unless expressed otherwise, all Fees shall be deemed exclusive of GST. The Company will provide the User with a Tax Invoice for any payments.
No refunds are offered except where required under law.
6. User Content
6.1 The User acknowledges and agrees that:
(a) Maturious may enable the User to create User Content, but that by doing so the User shall not acquire an interest to any Intellectual Property owned by the Company, which may exist in Maturious.
(b) User Content is the sole responsibility of the individual that provided the User Content to Maturious.
(c) The User indemnifies the Company for any User Content that is illegal, offensive, indecent or objectionable that the User makes available using Maturious.
(d) The Company may suspend accessibility to User Content via Maturious that the Company determines is illegal, offensive, indecent or objectionable in its sole discretion.
(e) To the extent permitted by law, under no circumstances will the Company be liable in any way for User Content.
(f) The User warrants that it has all necessary Intellectual Property Rights to use User Content and shall indemnify the Company for any infringement the User commits of third-party Intellectual Property Rights by using User Content on Maturious.
(g) In order to provide the services afforded by Maturious, where the User Content includes the User’s brand, logo or other intellectual property, it grants the Company a worldwide, revocable license to use the User Content, for the term of these Terms of Service.
7. Personal Information
7.1 The Candidate acknowledges and accepts:
(a) The Company collects Personal Information of Candidates as part of creating a Capability Profile.
(b) When making an introduction, Personal Information will be shared with the relevant Employer subject to obtaining the Candidate’s consent.
(c) Under no circumstances will the Company be responsible to the Candidate for an Employer’s use of Personal Information.
(d) All information input into Maturious about a Candidate is provided with that Candidate’s consent.
7.2 The Employer acknowledges and accepts:
(a) Where Personal Information of a Candidate is shared via an Introduction, this shall be for the sole purpose of contacting the Candidate pursuant to a Job Application and must not be used to harass, abuse, threaten and/or offend a Candidate.
(b) Personal Information of a Candidate shall be kept confidential and shall not be disclosed to any other person or party without the express written consent of the Candidate.
(c) The Employer is solely responsible for ensuring that its use of Maturious and processing of any Personal Information provided by the Company is compliant with all relevant laws and regulations.
8. General Conditions
(a) By accepting the terms and conditions of these Terms of Service, the User is granted a limited, non-exclusive and revocable licence to access and use Maturious for the duration of these Terms of Service, in accordance with the terms and conditions of these Terms of Service.
(b) The Company may issue the licence to the User on the further terms or limitations as it sees fit.
(c) The Company may revoke or suspend the User’s licence(s) in its absolute discretion for any reason that it sees fit, including for breach of these Terms of Service by the User.
8.2 Modification of Terms
(a) The terms of these Terms of Service may be updated by the Company from time-to-time.
(b) Where the Company modifies the terms, it will provide the User with written notice, and the User will be required to accept the modified terms in order to continue using Maturious.
(a) The User agrees and accepts that Maturious is:
(i) Hosted on servers managed by the Company and shall only be installed, accessed and maintained by the Company, accessed using the internet or other connection to the Company servers and is not available ‘locally’ from the User’s systems; and
(ii) Managed and supported exclusively by the Company from the servers managed by the Company and that no ‘back-end’ access to Maturious is available to the User unless expressly agreed in writing.
(b) As a hosted and managed service, the Company reserves the right to upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise alter Maturious.
(a) The Company provides online support for the User within Maturious.
(b) The User should notify the Company of any difficulties or problems they may experience with Maturious as soon as practicable.
(c) The User should contact the Company for all support requests in the first instance by email to [email protected]
(d) The Company shall endeavour to respond to all support requests within 2 Business Days.
8.5 Use & Availability
(a) The User agrees that it shall only use Maturious for legal purposes and shall not use it to engage in any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by the Company in its discretion.
(b) The User is solely responsible for the security of its username and password for access to Maturious. The User shall notify the Company as soon as it becomes aware of any unauthorised access of its Maturious account.
(c) The User agrees that the Company shall provide access to Maturious to the best of its abilities, however:
(i) Access to Maturious may be prevented by issues outside of its control; and
(ii) It accepts no responsibility for ongoing access to Maturious.
(a) The Company takes the security of Maturious and the privacy of its Users very seriously. The User agrees that the User shall not do anything to prejudice the security or privacy of the Company’s systems or the information on them.
(b) The Company shall do all things reasonable to ensure that the transmission of data occurs according to accepted industry standards. It is up to the User to ensure that any transmission standards meet the User’s operating and legal requirements.
(c) The Company shall perform backups of its entire systems in as reasonable manner at such times and intervals as is reasonable for its business purposes. The Company does not warrant that it is able to backup or recover specific User Data from any period of time unless so stated in writing by the Company.
8.9 Intellectual Property
(a) Trade marks. The Company has moral and registered rights in its trade marks and the User shall not copy, alter, use or otherwise deal in the marks without the prior written consent of the Company.
(b) Proprietary Information. The Company may use software and other proprietary systems and Intellectual Property for which the Company has appropriate authority to use, and the User agrees that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally. The User warrants that it shall not infringe on any third-party rights through the use of Maturious.
(c) The Maturious Platform. The User agrees and accepts that Maturious is the Intellectual Property of the Company and the User further warrants that by using Maturious the User will not:
(i) Copy Maturious or the services that it provides for the User’s own commercial purposes; and
(ii) Directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in Maturious or any documentation associated with it.
(d) All content (excluding User Content) submitted to the Company, whether via Maturious or directly by other means, becomes and remains the Intellectual Property of the Company, including (without limitation) any source code, analytics, insights, ideas, enhancements, feature requests, suggestions or other information provided by the User or any other party with respect to Maturious.
8.10 Third Party Dependencies
The User agrees and acknowledges that Maturious has third-party dependencies which may affect its availability, including (without limitation) internet service providers and hosting services, and that the Company has no means of controlling the availability of such dependencies and shall not be liable for any interruptions to such.
(a) The Company agrees to keep all User Content in the strictest confidence, and to the extent User Content is accessed and/or received by the Company it shall be deemed as Confidential Information for the purposes of these Terms of Service.
(b) Each party acknowledges and agrees that:
(i) the Confidential Information is secret, confidential and valuable to the disclosing party (Discloser);
(ii) it owes an obligation of confidence to the Discloser concerning the Confidential Information;
(iii) it must not disclose the Confidential Information to a third party except as permitted in these Terms of Service;
(iv) all Intellectual Property rights remain vested in the Discloser, but disclosure of Confidential Information does not in any way transfer or assign any rights or interests in the Intellectual Property to the receiving party; and
(v) any breach or threatened breach by the receiving party of an obligation under these Terms of Service may cause the Discloser immediate and irreparable harm for which damages alone may not be an adequate remedy. Consequently, the Discloser has the right, in addition to other remedies available at law or in equity, to seek injunctive relief against the receiving party (and its agents, assigns, employees, officers and directors, personally) or to compel specific performance of this clause.
(c) A party must notify the Discloser in writing, giving full details known to it immediately, when it becomes aware of:
(i) any actual, suspected, likely or threatened breach by it of any obligations it has in relation to the Confidential Information.
(ii) any actual, suspected, likely or threatened breach by any person of any obligation in relation to the Confidential Information; or
(iii) any actual, suspected, likely or threatened theft, loss, damage, or unauthorized access, use or disclosure of or to any Confidential Information.
(d) The receiving party must promptly take all steps that the Discloser may reasonably require and must co-operate with any investigation, litigation or other action of the Discloser or of a related body corporate if there is:
(i) any actual, suspected, likely or threatened breach of a term of these Terms of Service; or
(ii) any theft, loss, damage or unauthorized access, use or disclosure of or to any Confidential Information that is or was in its possession or control.
8.12 Liability & Indemnity
(a) The User agrees that it uses Maturious at its own risk.
(b) The User acknowledges that the Company is not responsible for the conduct or activities of any User and that the Company is not liable for such under any circumstances.
(c) The User agrees to indemnify the Company for any loss, damage, cost or expense that the Company may suffer or incur as a result of or in connection with the User’s use of or conduct in connection with Maturious, including any breach by the User of these Terms of Service.
(d) The Company make no representations, warranties or guarantees, whether express or implied, as to the success of Maturious in the recruitment of employees.
(e) In no circumstances will the Company be liable for any direct, incidental, consequential or indirect damages, damage to property, injury, illness, loss of property, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the User’s access to, or use of, or inability to use Maturious, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the Company knew or should have known of the possibility of such damage, injury, illness or business interruption of any type, whether in tort, contract or otherwise.
(f) Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, the Company and the Company’s related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, the Company’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the Company’s option to:
(i) The re-supply of services or payment of the cost of re-supply of services; or
(ii) The replacement or repair of goods or payment of the cost of replacement or repair.
(a) The Company may, without penalty or liability to the User, suspend the User’s access to Maturious if it has reasonable grounds to believe the User is in breach of these Terms of Service, until such time as the matter is appropriately determined.
(b) The User may terminate immediately by giving the Company written notice, which will be deemed to be given when the User cancels its Account.
(c) The Company may terminate this Agreement if the User is in breach of these Terms and:
(i) That breach is not capable of remedy;
(ii) The breach is material, wilful, reckless or repetitious;
(iii) The breach compromises the Intellectual Property Rights of the Company; and/or
(iv) The breach can be remedied but is not remedied within 5 Business Days of being given notice of that breach by the Company.
(d) Termination of these Terms of Service is without prejudice to and does not affect the accrued rights or remedies of any of the parties arising in any way out of these Terms of Service up to the date of expiry or termination.
8.14 Dispute Resolution
(a) If any dispute arises between the parties in connection with these Terms of Service (Dispute), then either party may notify the other of the Dispute with a notice (Dispute Notice) which:
(i) Includes or is accompanied by full and detailed particulars of the Dispute; and
(ii) Is delivered within 10 Business Days of the circumstances giving rise to the Dispute first occurring.
(b) Within 10 Business Days after a Dispute Notice is given, a representative of each party with the authority to resolve the dispute, must meet (virtually or otherwise) and seek to resolve the Dispute.
(c) Subject to clause (d), a party must not bring court proceedings in respect of any Dispute unless it first complies with the requirements of the dispute resolution mechanism outlined in this clause.
(d) Nothing in this clause prevents either party from instituting court proceedings to seek urgent injunctive, interlocutory or declaratory relief in respect of a Dispute.
(e) Despite the existence of a Dispute, the parties must continue to perform their respective obligations under this document and any related agreements.
8.15 Electronic Communication, Amendment & Assignment
(a) The words in this clause that are defined in the Electronic Transactions Act 1999 (Cth) have the same meaning.
(b) The User can direct notices, enquiries, complaints and so forth to the Company as set out in these Terms of Service. The Company will notify the User of a change of details from time-to-time.
(c) The Company will send the User notices and other correspondence to the details that the User submits to the Company, or that the User notifies the Company of from time-to-time. It is the User’s responsibility to update its contact details as they change.
(d) A consent, notice or communication under these Terms of Service is effective if it is sent as an electronic communication unless required to be physically delivered under law.
(e) Notices must be sent to the parties’ most recent known contact details.
(f) The User may not assign or otherwise create an interest in these Terms of Service.
(g) The Company may assign or otherwise create an interest in its rights under these Terms of Service by giving written notice to the User.
(a) Special Conditions. The parties may agree to any Special Conditions to these Terms of Service in writing.
(b) Prevalence. To the extent these Terms of Service is in conflict with, or inconsistent with any Special Conditions made under these Terms of Service, the terms of those Special Conditions shall prevail.
(c) Disclaimer. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in these Terms of Service.
(d) Relationship. The relationship of the parties to these Terms of Service does not form a joint venture, agency or partnership.
(e) Waiver. No clause of these Terms of Service will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
(f) Further Assurances. Each party must do anything necessary (including executing agreements and documents) to give full effect to these Terms of Service and the transaction facilitated by it.
(g) Governing Law. These Terms of Service is governed by the laws of New South Wales, Australia. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.
(h) Severability. Any clause of these Terms of Service, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of these Terms of Service.
(i) Interpretation. The following rules apply unless the context requires otherwise:
(i) Headings are only for convenience and do not affect interpretation.
(ii) The singular includes the plural and the opposite also applies.
(iii) If a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning.
(iv) A reference to a clause refers to clauses in these Terms of Service.
(v) A reference to legislation is to that legislation as amended, re‑enacted or replaced, and includes any subordinate legislation issued under it.
(vi) Mentioning anything after includes, including, or similar expressions, does not limit anything else that might be included.
(vii) A reference to a party to these Terms of Service or another agreement or document includes that party’s successors and permitted substitutes and assigns (and, where applicable, the party’s legal personal representatives).
(viii) A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.
(ix) A reference to information is to information of any kind in any form or medium, whether formal or informal, written or unwritten, for example, computer software or programs, concepts, data, drawings, ideas, knowledge, procedures, source codes or object codes, technology or trade secrets.
END TERMS OF SERVICE