MEMBER AGREEMENT
Welcome to UseVerb! We believe personality and skill are important for work. In other words, who you are is as important as what you do. Our focus is to help people and businesses communicate and grow. We provide a useful platform to connect members, specializing for work communication, job seeking and recruiting. But first, there are just a few terms and conditions that we need to cover to make sure we’re all on the same page.
We provide a platform where individuals (Members) can present, advertise, connect, network and communicate with other Members on the UseVerb platform (Platform).
Members can choose to use the Platform to look for jobs (a Job Seeker), and can advertise and recruit workers either in their own personal capacity or as an employer/entity as a recruiter (referred to as a Company). We set out on the Platform the various ways in which we can assist you (our Services), including the different memberships that we offer to you (Membership) as either a free or paid subscription.
The Platform is operated by Verb Pty Ltd ABN 81 145 485 034 trading as UseVerb with registered office at 21 Collier Street, Ardross, Western Australia (we, our or us). It is available at https://useverb.com/ and via other channels or addresses including our mobile application available on both the Apple App Store and the Google Play Store.
If you are using the Platform on behalf of an individual or a Company as a recruiter, you, in your individual capacity, represent and warrant that you are authorized to act on behalf of and to bind that individual or Company to the terms and conditions in this Member Agreement (Terms) and any policies or other terms set out on the Platform .
In the Terms you mean the person that creates an account on the Platform (1) as a Job Seeker, (2) as a Company, or (3) as a visitor to the Platform. Words have the meaning as defined in the Terms and elsewhere in the documents published on the Platform, and finally as may reasonably be inferred from the context in which they are used.
TERMS AND CONDITIONS
Acceptance
By ticking the checkbox in the sign-on page you acknowledge that you have read, understand and accept the terms and conditions in this Member Agreement, Privacy Policy, Cookie Policy, Copyright Policy, and any other policy included by reference (together the Terms), that you are legally able to accept them, and that you are legally bound by the Terms. After you have confirmed your acknowledgement and acceptance of the Terms, you will be able to sign up for an account (Account) and use the Platform.
If you do not understand or agree with the Terms, even if you disagree with any single aspect in any of those documents, or if you are unable to consent to the Terms due to the operation of law in your home jurisdiction (i.e. under 15 years of age (in Australia), or under 16 but over 13 years of age (in California), may require parental consent), you are not eligible to sign up for an account or to participate on the Platform.
Due to the nature of our Services and general makeup of our members we assume that any person over a certain age (i.e. 15 in Australia, 16 in California (USA)) has capacity to consent and accept the Terms.
By accepting the Terms you consent to receive marketing materials from time to time. You are able to opt-out of receiving these messages at any time.
These Terms and the policies linked to them apply to the use of our website (https://useverb.com/), apps and any other software or features that we provide in connection with our Services.
If you access or download our mobile application from (1) the Apple App Store, you agree to any Usage Rules set forth in the Apple Terms of Use; or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.
Signing up to our Platform
You must register and create an Account to access the Platform’s features. You may only have one Account on the Platform as a Member which you can use to activate Job Seeker and/or Company functionalities.
You must provide basic information when registering for an Account including your email address and you must choose a password.
Once you have registered for an Account, your Account information will be used to create a profile which you may then curate by adding your name, Company name (if relevant) and details about your job and education history to create a digital curriculum vitae (CV) and other information that may be considered personal and/or sensitive information. You can use your Account settings to choose whether your profile is public or private.
You agree to provide accurate, current and complete information during the registration process and on your profile and regularly update such information to keep it accurate, current and complete. We accept no liability arising from the contents or use of your Account. You remain responsible at all times for the contents and use of your Account.
We know the username you choose is important to you. However it is important that your chosen username doesn’t infringe on any other person or entity’s established rights which may include intellectual property rights such as copyright or trademarks (IP Rights).
You cannot register or use the name of another person (i.e. a pseudonym, false name, or of a celebrity), brand or company, have an offensive or obscene username, or create an account with a username with the intent to profit from in the future (domain name squatting). We reserve the right at our sole discretion to suspend or cancel your Account if you are using a presumed contentious username, if we received a complaint from a 3rd party that your username offends their rights and your response/defense to their claim is in our sole opinion insufficient. Please see our Copyright Policy.
Unless your username is directly linked to your name and surname, we reserve the right to request you to change your username after registration of your Account, and if you fail to do so, at our sole discretion to suspend or cancel your Account.
If you are using your Account on behalf of a Company you will remain responsible for your Account as set out in these Terms.
Your Account is personal and you must not transfer it to others, except with our written permission. If you wish to change the Account owner, you must provide us with a written request to transfer the ownership of the Account to the incoming party, which must also include the incoming party’s written consent to take over full responsibility for the Account and accept the Terms. We reserve the right at our sole discretion to decline such a request.
You are responsible for keeping your Account details and your password confidential and you will be liable for all activity on your Account, including purchases made using your Account details.
You have sole access to publish and edit content on your Account. We cannot and do not accept any liability for the contents of your account, who you communicate with on our Platform, or the contents of any such communication with other Members.
As an example, if you are in a private chat with another Member, we are unable to view the contents of the chat. If you set your Account profile to public, any person on the internet can find and view your Profile, which includes your connections.
You agree to immediately notify us of any unauthorized use of your Account.
Membership Fees
You may access our Platform and some of our Services for free or you may choose to upgrade to a premium membership (Premium Membership) as a Job Seeker or a Company. Our Premium Membership offering and membership periods are as set out in our Pricing Page.
If you choose a Premium Membership, you will be required to and you agree to pay us the fees set out on the Platform in relation to your chosen Premium Membership to benefit from the selected features (Membership Fee).
You must pay the Membership Fee in advance for each billing cycle via one of the payment methods set out on the Platform. The Membership Fee will be automatically debited on the billing date set out on the Platform (Billing Date). The direct debit arrangement may be subject to additional terms and conditions from third-party payment providers.
You agree that we may make use of and share your information with third party payment processors and gateways. We will not receive or retain your payment information as that will be taken care of by the third-party payment providers.
To the maximum extent permitted by law, and subject to your Statutory Rights, the Membership Fee is non-refundable.
Your Premium Membership will automatically renew for the same term as your initial membership period unless you cancel your Premium Membership. You can read more about our cancellation policy below.
The Membership Fee includes GST. You are responsible for all taxes, levies or duties imposed by taxing authorities in your own country, and you shall be responsible for payment of them. We have no responsibility to them on your behalf.
We may offer promotional offers and special discounts from time to time which will be subject to separate terms and conditions to be read in conjunction with these Terms.
We may modify the Membership Fees from time to time upon notice to you. The updated Membership Fees will apply to the next Billing Date after the change has occurred. The notice may be provided at any time via email or via notification to your Account. If you do not agree to the price change, you may cancel your Premium Membership in accordance with the cancellation clause below.
Communication
We may contact you via the Platform using in-Account notifications, or via off-Platform communication channels, such as text message or email.
Members can communicate privately using our private messaging service (which includes text, audio and video messaging), or, if a Member provides external contact details such as an email address or phone number, via off-Platform communication channels.
We are not responsible for information that you create or publish on your Profile, that you share with other Members or non-members in chats or otherwise, or that you share with the internet at large which happens when you make your Account profile public.
Changes, Refunds, Holds and Cancellations
Changing your Membership
You may upgrade or downgrade your Premium Membership at any time in your Account settings. The payment method linked to your Account will automatically be charged the Membership Fee for your new Premium Membership on the next Billing Date.
Canceling your Subscription
You may cancel your Premium Membership at any time in your Account settings. Your access to the features of your Premium Membership will end on the next Billing Date. You will still be able to use the free features of the Platform.
If you downloaded our app and registered a Premium Account using Apple ID/Pay, you will need to cancel your subscription by following the Apple guidelines (Cancel an Apple Subscription).
To the extent permitted by law, and subject to your Statutory Rights, no refunds will be made upon cancellation. Where you have canceled your Premium Membership due to change of mind or other circumstances, we do not provide refunds of the Membership Fee. We do not allow for a Premium Membership Account to be disabled.
Disabling your Account
You may choose to disable your Account at any time in your Account settings. When you disable your Account, your profile will be hidden from other Members and they will not be able to search for you.
Deleting your Account
You may delete your Account at any time in your Account settings. When you delete your Account, you will lose access to the Platform. After 30 days your Account and its contents will be permanently deleted.
Collection Notice
We collect personal information about you and, in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy. This Collection Notice applies on an ongoing basis.
We may disclose that information to (1) other Members of the Platform where you apply for a job with them, you disclose that information to another Member, or where you make that information publicly available; (2) third-party service providers who help us deliver our Services (including but not limited to information technology service providers, data storage, web-hosting and server providers, professional advisors); (3) third party payment processors and our business partners; (4) overseas recipients that are Members, non-members that receive access to your Account content after you made it public, or any of our third party service providers to assist us in providing our services to you; or (5) as required by law. If you do not provide this information we may not be able to provide you with access to our Platform. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside the jurisdiction where you live.
Our Privacy Policy contains further information about (1) how we store and use your personal information; (2) how you can access and seek correction of your personal information; (3) how you can make a privacy-related complaint; and (4) our complaint handling process.
By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy. This Collection Notice applies on an ongoing basis.
Privacy
As a Company, you are responsible for the collection, use, storage and otherwise dealing with personal information collected by you in the course of using our Platform, including a Job Seeker’s personal information and sensitive information (if provided). You must, and must ensure that your personnel and anyone at the Company or entity on whose behalf you are acting, comply with the legal requirements of the Australian Privacy Principles as set out in in the Privacy Act 1988 (Cth), and such foreign data privacy laws as it may apply to you, us or data subjects, including but not limited to the EU & UK GDPR, California Consumer Protection Act (CCPA), and any privacy or anti-spam laws applicable in respect of all personal and/or sensitive information collected, used, stored or otherwise dealt with in connection with the Platform.
As a Job Seeker you are responsible for the data that you add to your Account and/or share with any other Member or make available to the internet at large.
Our Privacy Policy explains how we handle your personal data for our own purposes and is incorporated into these Terms. Our Data Processing Addendum (DPA) may apply to you and is incorporated into these Terms. It sets out the responsibilities and obligations between a data controller and the data processor. In the event that the DPA applies to you, in creating your Account you agree that you have read, understood and agreed to it.
Prohibited conduct
You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including but not limited to publishing anything on our Platform either in your Account, internal communications with other Member(s) or groups of members (1) that references adult, explicit or sexual content; (2) that promotes hate speech; (3) promotes or concerns illegal goods and services; (4) shocking or violent content; (5) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights including another’s copyright, trademark or patent rights; (6) using our Platform to defame, harass, threaten, menace or offend any person; (7) interfering with any Member using our Platform; (8) tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including using trojan horses, automated scripts or other scraping tools to collect information from any profile on the Platform, viruses or piracy or programming routines that may damage or interfere with our Platform; (9) anything that might violate any local, state, national or other law or regulation or any order of a court, including privacy regulations; (10) using our Platform to send unsolicited email messages, post unauthorized advertising, solicitations or endorsements on our Platform; (11) sharing or uploading files that contain an infection or virus; or (12) facilitating or assisting a third party to do any of the above acts.
We reserve the right to ban contents that may be legal in some countries, but not in others. We reserve the right to suspend, restrict or close Accounts in exercising our rights under the Terms.
Member Content
By making available any Member Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use the Member Content, with the right to use, publicly display, distribute, use your name, image, voice, photograph, video content, likeness and any other personal attributes in the content, view, copy, modify adapt and create derivative works of such Member Content on, through, or by means of our Platform. You agree that you have all the rights, alternatively all the 3rd party rights necessary to post the content on our Platform and to grant us the license. You will be able to control the visibility of your profile in your Account settings.
If you choose to make your profile public, other Members can access the content you post and it may be used and re-shared by others on the Platform. It can also be shared with non-members and across the internet. Further, by making your profile public you authorize us to share your profile and the contents of your Member Content to the internet at large. Whatever you share on your Platform, may be visible to the world at large.
Do not upload and share any personal or sensitive information to your Account that you don’t want visible to anyone else or to the world, and beware of sharing any documents with government issued identifying numbers or other identifiers (i.e. passports, driver’s license, identity documents, residential or other addresses etc.) or other sensitive personal information (i.e. race, ethnicity, religion, medical records etc.). Never share your financial information on the Platform.
You agree that you are solely responsible for all Member Content that you make available on or through our Platform. You represent and warrant that (1) you are either the sole and exclusive owner of all Member Content or you have all rights, licenses, consents and releases that are necessary to grant to us the rights in such Member Content as contemplated by these Terms; and (2) neither the Member Content nor the posting, uploading, publication, submission or transmission of the Member Content or our use of the Member Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
If you are a Company, we permit you to embed our link to your Account in your website. Visitors to your website may click through to your Account via this link which is authorized by you. You permit access and authorize any visitors to your website to access and view your Account.
You agree to the terms set out in our Copyright Policy.
Sharing Member Content
Our Services allow you to share Member Content with other Members, including with Companies if you are looking for a job. Member Content (including but not limited to your CV and personal and/or sensitive information listed in and/or attached to your CV) that you make publically available in your Account settings, may be seen by other Members and may be shared by Members to non-members and the internet at large.
Please note that third-parties are also able to take a screenshot/capture/image/recording of any of your Account information that may contain personal/sensitive information which may then be shared independently from our Platform. We have no control over those actions of third-parties and cannot and do not accept any liability which flows from sharing of your information in a like manner. You acknowledge and agree that you voluntarily upload all your Account Information and if you choose to do so by your actions agree to share any Account Information with the internet audience at large and possibly in perpetuity.
You will be able to update who can see your Member Content in your Account settings. You may, at any time, edit your profile, and delete or edit articles, group posts, links, job postings, messages (including video and audio) and any other Member Content that you publish to the Platform.
As a Job Seeker, once you have applied for a job with a Company, the Company will receive a static copy of your then current CV and any other information you provide to them outside of the Platform and you will not be able to edit or delete information shared with a Company.
It is your responsibility to familiarize yourself with the Account settings to ensure you do not inadvertently disclose your Member Content to unintended recipients or the internet at large.
Our Services allows messaging and sharing of information in many ways, including sharing your profile, CV and its attachments, job postings, messaging and chats. Information and contents that you share or post may be seen by Members, visitors or internet users at large. We will honor the choices you make about who can see the content or information related to your Account.
Intellectual Property rights
We own the Platform but we grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable license to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent. We are not responsible for any content, products or services made available via other Member’s Accounts or shared by other Members.
Unless otherwise indicated, we own, have the rights to, or license all rights, title and interest (including intellectual property rights) in our Platform and all of the materials we make available on it (IP Content). Your use of our Platform and your use of and access to any IP Content (including downloaded IP Content) does not grant or transfer to you any rights, title or interest in relation to our Platform or the IP Content.
You must not, without the prior written consent of ourselves or the owner of the IP Content (as applicable) (1) copy or use, in whole or in part, any IP Content; (2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any IP Content to any third party; or (3) breach any intellectual property rights connected with our Platform, including by (a) altering or modifying any of the IP Content; (b) causing any of the IP Content to be framed or embedded in another website; or (c) creating derivative works from the IP Content.
We remain the absolute owner of any and all of our material in relation to the Platform including without any limitation to trademarks, patents, copyright and related intellectual property rights owned by us or any of our associated entities, except for such content that belongs to a Member.
Analytics
We may monitor, analyze and compile statistical and performance information based on and/or related to your use of the Services, in an aggregated and anonymised format (Analytics). You agree that we may make such Analytics publicly available, provided that it: (1) does not contain identifying information; and (2) is not compiled using a sample size small enough to make the underlying personal information you provide identifiable.
We, and our licensors own all right, title and interest in and to the Analytics and all related software, technology, documentation and content used or provided in connection with the Analytics, including all intellectual property rights in the foregoing.
We further refer you to our Cookie Policy which is included in these Terms.
Consumer Guarantees
Notice regarding Apple
Liability
In these Terms, Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.
Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with (1) your acts or omissions; (2) any use or application of the Platform by a person other than you, or other than as reasonably contemplated by these Terms; (3) any works, services, goods, materials or items which do not form part of the Platform; (4) any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Platform; (5) the Platform being unavailable, or any delay in us providing our Services to you, for whatever reason; (6) any aspect of your interaction with any other Member, including any job description, job application, job offer or any representation made by another Member; and/or (7) any event outside of our reasonable control.
For the avoidance of any doubt and to the extent allowed by the law we’re not responsible for any opinions, advice, statements, products, services, offers or other content posted by other Members, users, or visitors to or on their Accounts.
Limitations on Liability
Despite anything to the contrary, to the maximum extent permitted by law and whether under statute, contract, equity, tort (including negligence), indemnity or otherwise, (1) our maximum aggregate Liability arising from or in connection with these Terms or the Platform will be limited to us resupplying our Services to you or, in our sole discretion, to us repaying you the amount of the Membership Fees paid by you to us in respect of the supply of the relevant Services during the applicable monthly period to which the Liability relates or if no Membership Fee was paid, $50; and (2) we will not be liable to you or your principal or Company for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of privacy, or any other economical loss, loss of use and/or loss or corruption of data, even if we knew such loss was possible.
We are not liable for any damages suffered as a result of downloading, installing, or using the Platform, or copying, distributing, or downloading any content from the Platform. You have sole responsibility for the adequate protection and backup of your data, content, and devices used in connection with the Platform.
Warranties, disclaimers and Indemnities
You acknowledge and agree that neither we nor our personnel act as or provide the services of recruitment agents or companies, labor hire companies, employment or other legal or paralegal services, and we only make available the Platform and provide the Services. We do not provide legal, recruitment or career coaching services and we do not employ individuals to perform these services or endorse anyone providing these services on the Platform. We do not guarantee that a Company will be able to fill a job vacancy advertised, or that a Job Seeker will be able to find a job making use of our Services. We recommend that before entering into any employment arrangement with any other Member on the Platform or with a Company, that you obtain your own independent legal, accounting, financial or taxation advice as appropriate. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, and other information provided through the Platform by another Member.
UseVerb, its affiliates and licensors do not make any express or implied warranties or representations, including that (1) the Platform will function uninterrupted, securely or be available at any time or place; (2) any errors or defects will be corrected; (3) the Platform is free of viruses or other harmful components; the Platform is effective or the results of using the Platform will meet your needs; or any content on the Platform (including any user content) is complete, accurate, reliable, suitable or available for any purpose.
You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.
Termination
General
Third party sites: Our Platform may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites. You should make your own investigations with respect to the suitability of those websites.
Discontinuance: We may, at any time and without notice to you, discontinue our Platform, in whole or in part. We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
Competitors: You are prohibited from using our Platform, including our content, in any way that competes with our business. If you breach this term, we will hold you responsible for Liability we suffer, and hold you accountable for any profits that you may make from non-permitted use.
Complaints: If you wish to make a complaint about another Member, please report it through the Platform and provide us with full details of the complaint.
Information: The content of the Member Agreement is not comprehensive and is for general information purposes only in as far as It does not consider your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the content, we make no representation or warranty regarding it, to the extent permitted by law. The content may be subject to change without notice. However, we do not undertake to keep our Platform up-to-date and we are not liable if any content is inaccurate or out-of-date.
Feedback: If you provide us with any idea, suggestion, recommendation or request in connection with the Services (Feedback), you agree that we own such Feedback and that we may use the Feedback in any manner which we see fit (including to develop new features) and no benefit will be due to you as a result of any use by us of any Feedback.
Variation: We may modify these Terms from time to time by notifying you by email. By continuing to use the Platform after such modification, you agree to the amended terms. If you do not agree to the modifications, you must terminate your Account and stop using the Platform. In the event that we modify these Terms and you believe the modification causes you material detriment, you may terminate your Account and we will refund to you the Membership Fees paid in advance by you in connection with the unused portion of the Services.
Assignment: You may not assign, transfer or delegate your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate our rights and obligations under these Terms with 30 days prior notice.
Severance: The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
Jurisdiction: Your use of our Platform and these Terms are governed by the laws of Western Australia, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Western Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
For any notices, please contact us via your Member Settings.
Verb Pty Ltd ABN 81 145 485 034
Last update: 8 June 2023