Definitions

  • Agreement means the agreement between Piknic and the Candidate or the Customer, pursuant to these Terms or any other commercial form provided by Piknic to the Candidate or the Customer.
  • Candidate: means a person seeking employment and applying for vacant positions posted by the Customer on the Website.
  • Customer: means a person, firm, organisation, partnership, corporations or other entity (including trust) that seeks to advertise and/or promote job postings for vacant positions within its business.
  • Piknic means Piknic Technologies Pty Limited ACN 655 865 893.
  • Price means the costs of the Services as advertised on the Website.
  • Services means the services supplied by Piknic to the Customer.
  • Terms means these terms and conditions.
  • Website: the website under the control and operated by Piknic, including https://piknic.com.au/.


Interpretations

  • The headings used in these Terms do not form part of the Terms and are for convenience only.
  • Words importing the singular shall include the plural and vice versa, words importing a gender shall include other genders and references to a person shall be construed as references to an individual, firm, body corporate, association (whether incorporated or not), government and governmental, semi-government and local authority or agency.


Agreement

  • The Terms constitute a binding Agreement between the Candidate and/or the Customer and Piknic and are deemed accepted by the Candidate and/or the Customer each time that the Candidate and/or the Customer use or access the Website or the Services.
  • The Agreement is the entire agreement on which Piknic is willing to enter with the Candidate and/or Customer.
  • The Agreement replaces any previous agreement or terms, negotiations, understanding or communications in relation to the supply of Services between Piknic and the Customer, or Piknic and the Candidate.
  • Any terms and conditions deviating from or inconsistent with the Terms are expressly rejected by Piknic.
The failure by Piknic to enforce any provision of these Terms shall not be treated as a waiver of that provision, nor shall it affect Piknic’s right to subsequently enforce that provision.
  • If the Candidate or a representative of the Customer is under the age of 18, then a parent, legal guardian or another responsible adult must agree to the Terms and will be bound by the Terms.

Candidate

The Candidate shall use the Website as provided in these Terms, and privacy and data protection laws, and shall not disclose any of the data from the Website to any third party, unless with the express written consent of Piknic.
The Candidate shall take appropriate physical, technical, and administrative measures to protect the data the Candidate has obtained from the Website from loss, misuse, unauthorised access, disclosure, alteration or destruction.

The Candidate agrees to not:

  • Use the Website for any purpose other than as an employee seeking employment opportunities;
  • Use the Website to repeatedly make any unsolicited phone calls, faxes, mail, or emails, to Customers or to contact any Customer that has specifically informed the Candidate it does not want to be contacted; and
  • Share the Candidate’s login credentials with any other party.
  • Piknic does not necessarily monitor materials posted, transmitted, or communicated to or within the Website. If the Candidate believes that something on the Website violates these Terms, please contact Piknic at info@piknic.com.au.
  • If notified of any content or other materials which allegedly do not conform to these Terms, Piknic may at its discretion investigate the allegation and determine whether to remove or request the removal of the content. Piknic has no liability or responsibility to Candidates for the performance or nonperformance of such activities.
  • If Piknic has reasonable grounds to suspect that the Candidate made a material misrepresentation in its profile or has otherwise materially misled Piknic, this misrepresentation will be treated as a breach of these Terms and Piknic may have grounds to suspend or cancel access to the Website.
  • Piknic reserves the right to suspend or cancel access to the Website without notice in the event of non-compliance with its Terms.

Customer

The Customer shall use the Website as provided in these Terms, and privacy and data protection laws, and shall not disclose any of the data from the Website to any third party, unless with the express written consent of Piknic. The Customer shall take appropriate physical, technical, and administrative measures to protect the data the Customer has obtained from the Website from loss, misuse, unauthorised access, disclosure, alteration or destruction.

The Customer agrees to not:

  • use the Website for any purpose other than as an employer seeking to advertise and/or promote job posting for vacant positions within its business.
  • Use the Website to repeatedly make any unsolicited phone calls, faxes, mail, email, or newsletters to Candidates or to contact any Candidate that has specifically informed the Customer they do not want to be contacted; and

  • share the Customer login credentials with any other party.
  • Piknic does not necessarily monitor materials posted, transmitted, or communicated to or within the Site. If the Customer believes that something on the Website violates these Terms, please contact Piknic at info@piknic.com.au.
  • If notified of any content or other materials which allegedly do not conform to these Terms, Piknic may at its discretion investigate the allegation and determine whether to remove or request the removal of the content. Piknic has no liability or responsibility to Customers for the performance or nonperformance of such activities.
  • If Piknic has reasonable grounds to suspect that the Customer made a material misrepresentation with regards to any job posting or nature of the Customer’s business activities or has otherwise materially misled Piknic, this misrepresentation will be treated as a breach of these Terms and Piknic may have grounds to suspend or cancel access to the Customer to the Website.
  • Piknic reserves the right to suspend or cancel a service without notice in the event of non-compliance with its Terms.
  • The Customer must comply with the Privacy Act and Spam Act and specifically any request from a Candidate on the Website not to be contacted any further.


Services

The Website serves Candidates seeking employment, and Customer seeking employees. For Candidates, it saves your profile and for Customers, it advertises and/or promotes your job posting. Piknic may provide the Customer with a short list of Candidates. The shortlist serves as a guide only and is filtered based on the Customer’s criteria per its job post.  It is the sole responsibility of the Customer to make its assessments and/or enquiries as to the accuracy and suitability of the Candidate. Piknic may provide the Candidate with a short list of Customers. The shortlist serves as a guide only and is filtered based on the Candidate’s criteria and/or qualifications in its profile.  It is the sole responsibility of the Candidate to make their assessment and/or enquiries as to the accuracy and suitability of the Customer’s job post and the nature of the business.

Piknic does not:

  • perform any police background checks on the Candidates.  It is the sole responsibility of the Customer to perform a such search, if required; and
  • perform a detailed skills check of the Candidate.  It is the sole responsibility of the Customer to conduct assessments and/or enquiries as to the accuracy and suitability of the Candidate.

Price

  • The Price shall be indicated on the Website.
  • The Price shall exclusive of GST.
  • Notwithstanding any prior acknowledgment by Piknic of the Price, Piknic shall be entitled to alter the Price because of currency fluctuations, taxes, customs duties, GST, sales tax, or other government imposts.
  • Piknic is entitled to revise the Price and related charges, without prior notice being given to the Customer.


Payment

  • The payment for all Services must be by credit card or debit card or any other payment method listed on the Website per the terms on the invoice issued by Piknic.
  • Any invoice issued by Piknic will be charged to the Customer’s nominated payment method(s).
  • By nominating or adding an alternative payment method, the Customer expressly consents for Piknic to charge the Customer’s alternative payment if the Customer’s primary payment method is no longer available, is declined or cannot be charged, without prior notice to the Customer.
  • It is the Customer’s responsibility to ensure the Customer’s accepted payment method(s) details are valid and up to date. Piknic may accept Visa, MasterCard, and PayPal.
    It is the Customer’s responsibility to ensure that sufficient funds are available at the time of payment processing.
  • Payment failures may be due to insufficient funds, incorrect or outdated payment information, and transaction disputes.  In such instances, Piknic will re-attempt the payment process. Piknic reserves the right to re-attempt payment on all nominated payment method(s) to recover any outstanding amounts.
If payment re-attempts are unsuccessful Piknic reserves the right to recover the debt through alternative means, either directly or through a third party.


Warranties and Acknowledgement

    • Piknic does not warrant:
  • that the Candidate will find suitable job postings and/or Customers;
  • that the Customer will find suitable Candidates for its job postings or business;
  • the accuracy of the content on the Website. The content is provided to the Candidate and the Customer “as is” and on an “as available” basis and it is the sole responsibility of the Candidate and/or the Customer to make its assessments and/or enquiries as to its accuracy of the content and rely on it at the Candidate and/or Customer’s own risk;
  • that the Website or Services will operate error-free or that the Website and its Services are free from computer viruses or other harmful mechanisms;
  • about the accuracy, reliability, completeness or timeliness of the information and/or content on the Website; and
  • that functions contained in the Website content, such as hyperlinks, will be uninterrupted or error-free, that defects will be corrected or that Piknic or the server that makes it available, are free of computer viruses or other harmful mechanisms.
  • No advice or information, whether oral or written, obtained by a Candidate or Customer from the Website shall create any warranty other than warranties implied by law or expressly stated herein.


Termination

The parties agree that the following obligations are essential Terms:

Candidate: Clause 4;

Customer: Clause 5 and 8.

 

  • If the Candidate breaches Clause 4, Piknic reserves the right to terminate the Agreement and/or delete the account owned and/or controlled by the Candidate with immediate effect by serving a written notice upon the Candidate.
  • If the Customer breaches Clauses 5 and 8, Piknic reserves the right to terminate the Agreement and/or delete the account owned and/or controlled by the Customer with immediate effect by serving a written notice upon the Customer.
  • The Candidate is entitled to cancel the account owned and/or controlled by the Candidate and will be effective immediately.
  • The Customer is entitled to terminate the Agreement at any time by giving 14 days written notice to Piknic which will be effective at the end of the subscription month.  If the Customer is part way through a subscription month, the Customer will not be refunded for any charges for the remainder of the subscription month, however, the Customer will retain access to the Website until the end of the relevant subscription month.
  • In circumstances where the Agreement is terminated, or the account owned and/or controlled by the Candidate or the Customer is deleted:
  • all account information including profiles, network contacts, saved jobs, questionnaires and email mailing lists, will be marked as deleted and may be deleted from Piknic’s Website and will be removed from Website;
  • information may continue to be available for some time because of delays in processing such deletion through the Website; and
  • third parties may retain saved copies of the Candidate or Customer’s information and the Candidate or the Customer should deal with them directly to update or delete the details.


Limited Liability

To the extent permitted by law, Piknic’s liability for any claim arising directly or indirectly from a breach of the Agreement or Terms, or any term or condition implied by statute is limited to the refund of the Price paid to Piknic by the Customer, or the re-supply of the Services, at Piknic’s sole discretion.

Piknic’s total aggregate liability in connection with the Agreement and these Terms whether based upon warranty, contract, statutory or tort (including negligence) will not exceed the Price paid to Piknic by the Customer under the Agreement and these Terms.

The Candidate or the Customer must take precautions to ensure that the process which the Candidate or the Customer employs for accessing the Website does not expose the Candidate or the Customer to the risk of viruses, malicious computer code or other forms of interference which may damage the Candidate or the Customer’s computer system or any other computer system.

To the extent permitted by law, Piknic does not accept responsibility for any loss or damage, however, caused (including through negligence), which the Customer may directly or indirectly suffer in connection with the Customer’s use of, attempted use of, or inability to use the Website or any linked website, nor does Piknic accept any responsibility for any such loss arising out of the Customer’s use of or reliance on information contained on or accessed through Website.

Piknic excludes all rights, remedies, guarantees, conditions and warranties in respect of goods or services from your use of the Website whether based in statute, common law or otherwise to the extent permitted by law.


Privacy

By using the Website, Piknic may collect the Candidate or the Customer’s name, contact information (including email address and phone number), demographic information (postcode, preferences and interest) and other information relevant to the Customer.

Piknic may use cookies when you access the Website. This will allow Piknic to recognise the Candidate or the Customer’s browser and track the web pages the Candidate or the Customer has visited. The Candidate or the Customer can switch off cookies by adjusting the settings on the Candidate or the Customer’s web browser.

Piknic uses a secure, third-party payment gateway service run by Stripe https://stripe.com/privacy, to protect the Customer’s credit card details and credit card payments. Stripe has been audited by an independent PCI Qualified Security Assessor (QSA) and is certified as a PCI Level 1 Service Provider. This is the most stringent level of certification available in the payments industry. Any changes or updates to the Customer’s payment information need to be made via this gateway.

If the Candidate or the Customer believes that Piknic has infringed on its privacy, the Candidate or the Customer must make a complaint, in writing, to be sent to [insert email address] within (14) days of a privacy infringing event occurring.

Piknic will respond to that complaint within (14) days of receipt and will take all reasonable steps to make a decision as to the complaint within (30) days of receipt of the complaint. In the event that the Candidate or the Customer is not satisfied with the resolution provided, the Candidate or the Customer can make a complaint to the Information Commissioner at www.oaic.gov.au.

The Candidate or the Customer shall have the right to request, in writing, from Piknic: (a) a copy of the information about the Candidate or the Customer retained by Piknic, and (b) that Piknic does not disclose any personal information about the Candidate or the Customer for the purpose of direct marketing.

Piknic will destroy personal information upon the Candidate or the Customer’s request, in writing, or of it is no longer required unless it is required in order to fulfil the obligations of the Agreement or is required to be maintained and/or stored in accordance with the law.


Force Majeure

Piknic shall not be liable for any failure or delay, loss (direct, indirect or consequential) in the supply of Services, where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of Piknic including but not limited to war, strikes, lockouts, industrial disputes or unrest, Federal or State government restrictions or interventions, transport delays, fire, acts of God, pandemic or epidemic, breakdown of delivery vehicle, shortage of supplies or labour, storm or tempest, theft, vandalism, riots, civil commotions or accidents of any kind.

Service of Notices

All notices, including documents relating to any form of legal proceedings, to be given by Piknic to the Candidate or Customer will be delivered to email address recorded on the Candidates or Customers profile and taken to be delivered on the (3) business days following the date of the email.

All notices, including documents relating to any form of legal proceedings, to be given by the Candidate or Customer to Piknic must be delivered to info@piknic.com.au and taken to be delivered on the (3) business days following the date of the email.

Dispute Resolution

If a dispute arises between Piknic and the Candidate or Customer, then the claimant party shall send to the other party a notice, in writing, to the offending party adequately identifying the dispute, together with supporting documents.

Within (21) days after the service of a notice of dispute, the offending party shall provide a written response to the notice of dispute.

Within (14) days after the offending party’s response, the parties shall confer at least once, to attempt to resolve the dispute. At any such conference, each party shall be represented by a person having the authority to agree to a resolution of the dispute.

Any information or documents disclosed by the parties at the conference must be kept confidential and used to resolve the dispute, and cannot be produced, evidenced and/or relied upon in any court or tribunal proceeding.

If the dispute cannot be resolved by the parties at the conference, the parties are to agree to resolve the dispute by arbitration.

The parties are to agree to the arbitrator and if this cannot be achieved, the parties agree for the President of the Institute of Arbitrators Australia & Mediator to select the arbitrator.

The parties must attend the arbitration as determined by the arbitrator and try to resolve the dispute.

If all parties to the arbitration jointly request the termination of the arbitration, the arbitrator must terminate the arbitration.

The parties will be equally liable for the costs of arbitration and must pay their costs of attending the arbitration.

All parties must observe the confidentiality requirements for the information disclosed through arbitration.

The parties agree that the arbitrator’s decision is final.

If the dispute is not resolved at arbitration either party may then commence court proceedings relating to the dispute.

Intellectual Property

Unless otherwise indicated, all rights in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, audio clips, website, code, scripts, design elements and interactive features) are owned or controlled for these purposes and are reserved by Piknic.

The Candidate or Customer may not, without the prior written permission of Piknic, broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content of Piknic website.

The Candidate or Customer agrees to in no way misuse Piknic’s Content that appears on this Website.

Severability

If any clause in these Terms is determined to be unlawful, void or unenforceable, then the unenforceable clause or portion of the clause shall be deemed to be severed from these Terms, and such determination shall not affect the validity and enforceability of the remaining Terms.

Governing Law

The Agreement and these Terms are governed by the laws applicable in the State of New South Wales, Australia.

The Customer agrees to submit to the exclusive jurisdiction of the courts in the State of New South Wales, Australia.