Terms & Conditions

Welcome to KindReff! By accessing and using KindReff’s Services, including but not limited to the services provided through our website, mobile sites, applications, and related platforms (collectively referred to as the “Services”), you agree to be bound by these terms of service (the “Terms” or the “Terms of Use”). KindReff Pty Ltd. (“KindReff”) provides a web-based platform for managing employee and friend referrals, and your use of our Services is subject to the following terms and conditions.

In order to use the Services, you must agree to these Terms of Use. If you are registering for or using the Services on behalf of an organisation, you are agreeing to these Terms of Use for that organisation and confirming that you have the authority to bind that organisation to these Terms of Use. You must be over 13 years of age to use the Services, and individuals under the age of 13 are not permitted to use or register for the Services.

Additionally, certain Services may have supplemental terms (“Supplemental Terms”), which will be presented to you for acceptance when you sign up to use the supplemental Service. If there is any inconsistency between the Terms of Use and the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. Together, the Terms of Use and any applicable Supplemental Terms constitute the entire agreement between you and KindReff regarding your use of the Services.

 

1. THE SERVICES

1.1 Background; the Services. KindReff Pty Ltd operates a referral Platform through a (web app, website, and/or mobile application), facilitating the process of filling Company vacancies. The Company utilizes the KindReff Platform to post employment vacancies with rewards for successful referrals and may also offer donations to Nonprofits upon successful hires.

Employees, friends, or acquaintances who refer a successful Candidate are considered "Referrals." A Candidate referred for a Company position becomes a Hire upon passing the interview process and starting work at the Company.

By using the Services provided on kindreff.com and its subdomains (the “Websites”), the Company enables its employees and others to leverage their networks for personnel referrals. Upon a Candidate becoming an employee of the Company (a “Hire”), the Company can track and compensate individuals who contributed to the referral process, including Employees, Friends, and other users of the Platform.

2. REGISTRATION

2.1 Registering Your Account. To access certain features of KindReff Services, you must become a Registered User. For the purposes of these Terms, a “Registered User” is defined as a user who has registered an account on the Website (“Account”).

2.2 Registration Data. By registering an account on the Website, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the registration form (the “Registration Data”); and (b) maintain and promptly update the Registration Data to ensure it remains true, accurate, current, and complete. You represent that you are (c) of legal age to form a binding contract; and (d) not a person barred from using KindReff Services under Australian laws, your place of residence, or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and Authorised Users may not share their account credentials with anyone (including other Authorised Users). You agree to: (a) notify KindReff immediately of any unauthorised use of your password or any other breach of security; and (b) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if KindReff has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, KindReff reserves the right to suspend or terminate your Account and refuse any and all current or future use of KindReff Services (or any portion thereof). You agree not to create an Account using false identity or information, or on behalf of someone other than yourself. KindReff reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates their rights. You also agree not to create an Account or use KindReff Services if you have previously been removed by KindReff or if you have previously been banned from any of KindReff Services.

2.3 Company Representatives. The Services shall be performed in conjunction with Company personnel. The Company shall appoint at least one person to be the primary point of contact for receiving alerts or other communications from End Users (the “Company Representative(s)”), and shall provide KindReff with the contact information for such Company Representative(s), including name(s), title(s), email address(es), and telephone number(s). Unless otherwise designated, Company Representative(s) will be the persons designated as Administrator within the KindReff platform.

2.4 Necessary Equipment and Software. You must provide all equipment and software necessary to connect to KindReff Services, including but not limited to, a mobile device suitable for connecting with and using KindReff Services, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, incurred when accessing KindReff Services.

3. RESPONSIBILITY OF CONTENT

3.1 Types of Content. You understand and acknowledge that all data, information, emails, preferences, calendar entries, text, images, videos, audio-visual materials, and other content (collectively referred to as "Content"), including Services provided by KindReff, originate from the party responsible for such Content. This implies that you, and not KindReff, bear full responsibility for all Content you upload, post, email, transmit, or otherwise provide ("Your Content") through KindReff's Services. Similarly, you and other users of KindReff's Services, and not KindReff, are accountable for all Content they provide ("User Content").

3.2 No Obligation to Pre-Screen Content. You acknowledge that KindReff is not obligated to pre-screen Content, including User Content, though KindReff reserves the right, at its sole discretion, to pre-screen, refuse, or remove any Content. Should KindReff pre-screen, refuse, or remove any Content, it will be for the benefit of KindReff, not you. Without limiting the foregoing, KindReff reserves the right to remove any Content that violates the terms or is otherwise deemed objectionable.

3.3 Storage. Unless explicitly agreed upon in writing by KindReff elsewhere, KindReff is not obliged to store any of Your Content provided through its Services. KindReff bears no responsibility or liability for the deletion or accuracy of any Content, including Your Content, nor for the failure to store, transmit, or receive Content. Furthermore, KindReff does not assume responsibility for the security, privacy, storage, or transmission of other communications involving the use of its Services. You agree that KindReff reserves the right to impose reasonable limits on its use and storage of Content, including Your Content, such as file size, storage space, processing capacity, and similar restrictions outlined on the website or determined by KindReff at its discretion.

4. OWNERSHIP

4.1 KindReff Services: Except for Your Content and User Content, you acknowledge and agree that KindReff and its suppliers retain all rights, title, and interest in KindReff Services.

4.2 Other Content: You acknowledge that, apart from Your Content, you have no ownership rights or title to any Content displayed on KindReff Services.

4.3 Your Content: KindReff does not claim ownership of Your Content. However, by posting or publishing Your Content on KindReff Services, you represent that you possess a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including moral rights) and licence to utilise, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform, and display Your Content (in whole or in part) worldwide. This includes the incorporation of Your Content into other works, in any form, media, or technology now known or later developed, for the entire duration of any global intellectual property right applicable to Your Content.

4.4 Licence to Your Content: Subject to applicable account settings chosen by you, you grant KindReff a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right (including moral rights) and licence to utilise, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content (in whole or in part) for the purpose of operating and providing KindReff Services to you and other Users. You warrant that any holder of worldwide intellectual property rights, including moral rights, in Your Content has fully and effectively waived all such rights and has validly and irrevocably granted you the right to provide the licence stated above. You acknowledge that you, not KindReff, bear responsibility for all of Your Content made available on KindReff Services.

4.5 Feedback: You agree that submitting any ideas, suggestions, documents, and/or proposals to KindReff through its suggestion, feedback, wiki, forum, or similar pages ("Feedback") is at your own risk, and KindReff holds no obligations, including confidentiality obligations, regarding such Feedback. You represent and warrant that you possess all necessary rights to submit the Feedback. By submitting Feedback, you grant KindReff a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and licence to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit any and all Feedback, and to sublicense these rights, in connection with the operation and maintenance of KindReff Services.

5. USER CONDUCT

In connection with your use of KindReff Services, you shall not:

5.1 Make Available any Content that: (a) is unlawful, tortious, defamatory, vulgar, obscene, libellous, or racially, ethnically or otherwise objectionable; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (d) is violent or threatening, or promotes violence or actions that are threatening to any other person; or (e) promotes illegal or harmful activities.

5.2 Harm minors in any way.

5.3 Impersonate any person or entity, including, but not limited to, KindReff personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity.

5.4 Make available any Content that you do not have a right to Make Available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non- disclosure agreements).

5.5 Make Available any Content that infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights.

5.6 Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court.

5.7 Stalk or otherwise harass any other User of our KindReff Services.

5.8 Advocate, encourage or assist any third party in doing any of the foregoing activities in this section.

6. THIRD-PARTY SERVICES

Our app integrates with third-party service providers. By using the KindReff Services, you agree to be bound by the terms and conditions of these providers.

6.1 LinkedIn. KindReff integrates with LinkedIn. By using our app, you are also subject to LinkedIn’s terms and conditions. To view LinkedIn’s terms and conditions, please visit LinkedIn User Agreement. https://linkedin.com/legal/user-agreement

6.2 Stripe. KindReff integrates with Stripe for payment processing. By using our app, you are also subject to Stripe’s terms and conditions. Please visit Stripe’s website to view their terms and conditions.

7. RIGHT TO USE; RESTRICTIONS AND LIMITATIONS

7.1 Right to Use for End Users. Subject to the terms and conditions of this Agreement, KindReff hereby grants to the Company, as well as its Employees and Affiliates (collectively referred to as "End Users"), a limited, nonexclusive, nontransferable, and revocable right and licence to utilise and access the Services via a KindReff Website.

7.2 Use By End Users. The Company shall make commercially reasonable efforts to ensure that End Users adhere to the terms of this Agreement and any additional terms of use, privacy policies, or similar limitations (referred to as the "Terms") as may be outlined on KindReff’s Websites from time to time. Upon initial access to KindReff’s Websites, End Users will be required to accept and agree to these Terms. KindReff will diligently communicate any changes to the Terms to both the Company and End Users.

7.3 Limitations. The Company shall utilise the Services solely for the purposes outlined or referenced within this Agreement. Neither the Company nor any End User shall (a) reproduce, download, modify, or distribute all or any portion of the Services or any associated intellectual property, including, but not limited to, any computer code; nor (b) engage in reverse engineering, decompilation, or disassembly of the Services or attempt to access the underlying computer code. The Company may not remove KindReff logos, Terms, trademarks, or similar materials from the Services without obtaining prior written consent from KindReff. The Company shall utilise the Services only for lawful purposes and in a manner consistent with all applicable employment-related laws, statutes, and regulations.

7.4 Hire Reporting. The Company shall facilitate automated reporting of hires sourced through KindReff via a link between the Client’s applicant tracking system and KindReff’s application.

7.5 Referral Content. The Company acknowledges that information regarding Referrals provided through or by means of its Websites ("Referral Content") has not undergone independent review or verification by KindReff, and that KindReff shall not be held responsible for the accuracy or veracity of such information.

7.6 Use of Services; Company Content. In utilising the Services, the Company shall adequately describe its open positions, as well as the qualities and characteristics required for a Referral to qualify for said positions. Additionally, the Company shall accurately depict the compensation and other benefits associated with such positions. The Company shall assume sole responsibility for providing, updating, uploading, and maintaining any and all Company information and/or materials on, within, displayed, linked to, or transmitted from or through KindReff Websites on its behalf ("Company Content"). This Company Content includes, but is not limited to, information about jobs, job postings, employees, and applicants. The Company shall bear sole responsibility for the accuracy of the Company Content, and for ensuring that it does not infringe upon or violate any rights of third parties or any laws, statutes, or regulations, in any material respect.

8. AVAILABILITY OF SERVICES

8.1 Availability. Subject to the terms and conditions outlined in this Agreement, KindReff undertakes to provide the Services on a twenty-four (24) hours a day, seven (7) days a week basis throughout the duration of this Agreement. The Company acknowledges and agrees that occasional interruptions or inoperability of the Services may occur due to various factors including equipment malfunctions, periodic maintenance procedures, repairs or upgrades undertaken by KindReff, as well as service malfunctions and causes beyond the reasonable control or anticipation of KindReff. Such causes include, but are not limited to, interruption or failure of telecommunication or digital transmission links, delays or failures arising from the Company’s Internet service provider, hostile network attacks, network congestion, or other unforeseeable failures.

8.2 Service Interruptions. The Company acknowledges that KindReff may not exert complete control over the stability and throughput speed of the Internet or guarantee the uninterrupted availability of Services. Nevertheless, KindReff commits to making commercially reasonable efforts to promptly restore Services in the event of any interruption, regardless of its cause.

9. CONFIDENTIALITY AND PRIVACY

9.1 Confidentiality. Subject to the other terms and conditions of this Agreement, as a result of this Agreement and the ongoing relationship of the parties, each of the parties may have access to or acquire knowledge of confidential and proprietary information concerning the other and the other’s business (the “Confidential Information”), and each agrees to treat the Confidential Information as confidential. All Confidential Information shall remain solely the property of the disclosing party, and the recipient shall maintain and protect the confidentiality of such Confidential Information with the same degree of care used to protect its own confidential information, but in any event, no less than a reasonable degree of care. Each of the parties agrees not to utilise another’s Confidential Information for any purpose other than the performance of this Agreement.

9.2 Privacy. The Company Content, together with information regarding the manner in which Company uses the Services, will not be disclosed by KindReff except as necessary to carry out the terms and conditions of this Agreement or (a) to comply with law or comply with legal process served upon KindReff, (b) to protect and defend KindReff’s rights or property or those of KindReff’s customers, clients, vendors, and third party providers, or (c) to protect the personal safety of KindReff’s users or the public. By entering this Agreement and using the Services, Company agrees that KindReff may gather and use in any manner desired information describing the habits, usage patterns or demographics of those persons who use its Websites (“Usage Information and Statistics”) as long as such use does not violate the terms of this Section 4.

10. SUBSCRIPTION AND BILLING

10.1 Subscription Plans. KindReff offers several subscription plans to accommodate different types of users, including businesses and nonprofit organisations. The available plans include:

• Monthly Subscription: Access to all features with monthly billing.
• Yearly Subscription: Access to all features with annual billing at a discounted rate.
• Free Plan: Ideal and only for nonprofits and fundraising partners.

10.2 Payment Terms and Methods: Payments for subscription plans can be made via credit card or other payment methods as specified on our website. All payments are processed securely through our third-party payment processor, Stripe. By subscribing, you agree to Stripe's terms and conditions.

10.3 Billing Cycles.

• Monthly Subscriptions: Billed monthly on the anniversary of your subscription start date.
• Yearly Subscriptions: Billed annually on the anniversary of your subscription start date.

10.4 Automatic Renewal. All subscriptions are set to automatically renew at the end of the billing cycle (monthly or yearly). To avoid being charged for the next billing cycle, you must cancel your subscription before the current billing period ends.

10.5 Unpaid Invoices. Unpaid invoices are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection.

10.6 Service Commencement. You will be responsible for payment of the applicable fee for any Services (each, a "Service Subscription Fee") at the time you create your Account and select your subscription package (each, a "Service Commencement Date").

10.7 Subscription Term. Unless otherwise agreed upon by you and KindReff in writing, each subscription will commence as of the Service Commencement Date and continue for the period for which fees have been paid (the "Subscription Term"). Upon expiration, the subscription will automatically renew for successive periods of equivalent duration unless either party provides written notice of intent not to renew at least thirty (30) days prior to the end of the current term.

10.8 Refund Policy. All subscription fees are non-refundable. In the event that KindReff terminates your subscription without cause, a pro-rated refund for the remaining period will be issued. No refunds will be provided for subscriptions terminated due to violations of our terms and conditions.

10.9 Free Trials and Promotions: Any free trial or other promotion that provides access to additional features must be used within the specified trial period. At the end of the trial period, your use of the Service will expire, and further use will require payment of the applicable subscription fee.

10.10 Changes to Subscription Plans. KindReff reserves the right to modify subscription plans and pricing at any time. Any changes will be communicated to existing subscribers with at least 30 days’ notice. Continued use of the service after the notice period constitutes acceptance of the new terms.

10.11 Billing Information. You are responsible for providing and maintaining accurate billing information. Failure to maintain accurate billing information may result in the suspension or termination of your subscription.

10.12 Taxes. KindReff’s fees are net of any applicable Sales Tax. If any Services or payments for Services are subject to Sales Tax, you are responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority. You will indemnify KindReff for any liability or expense incurred in connection with such Sales Taxes.

10.13 Failed Payments. If a payment fails, you will be notified and given a grace period to update your payment information. If payment is not received within the grace period, your subscription may be suspended or terminated.

10.14 Disputes. You must notify us in writing within seven (7) days after receiving your invoice if you dispute any charges on that invoice. Billing disputes should be notified to the following address: support@kindreff.com.

11. REMEDIES AND INVESTIGATIONS

11.1 Violations and Investigations. KindReff reserves the right to monitor, investigate, and take action upon becoming aware of any possible violations by you of the Terms or any applicable law. If KindReff, in its sole discretion, believes that criminal activity has occurred, it reserves the right to refer the matter to, and cooperate with, any and all applicable legal authorities. KindReff may also, except to the extent prohibited by applicable law, disclose any information or materials, including Your Content, in its possession in connection with your use of KindReff Properties to comply with applicable laws, enforce the Terms, respond to claims of rights violations by third parties, address customer service requests, or protect the rights, property, or safety of KindReff, its Users, or the public, as it deems necessary or appropriate.

11.2 Breach. In the event that KindReff determines, in its sole discretion, that you have breached any portion of the Terms or engaged in conduct inappropriate for KindReff Properties, KindReff reserves the right to take various actions, including but not limited to:

(a) Warning you via email (sent to any e-mail address you have provided to KindReff) regarding the violation;

(b) Deleting any of Your Content provided by you or your agent(s) to KindReff Properties;

(c) Discontinuing your registration(s) with any of KindReff Properties;

(d) Discontinuing your subscription to any Services;

(e) Notifying and/or fully cooperating with law enforcement authorities for further action; and/or

(f) Pursuing any other action deemed appropriate by KindReff.

12. DISCLAIMER OF WARRANTIES, CONDITIONS, AND LIABILITY

12.1 As Is. You expressly understand and agree that your use of the services is at your sole risk and that the services are provided “as is” and “as available.” Kindreff, its subsidiaries and affiliates, and its licensors make no express warranties and disclaim all implied warranties regarding the services, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Without limiting the generality of the foregoing, Kindreff, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that: (a) your use of the services will meet your requirements, (b) your use of the services will be uninterrupted, timely, secure or free from error, and (c) usage data provided through the services will be accurate. From time to time, Kindreff may offer new “beta” features or tools with which its users may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind and may be modified or discontinued at Kindreff’s sole discretion. The provisions of this section apply with full force to such features or tools.

12.2 No Liability for Conduct of Third Parties. You acknowledge and agree that Kindreff parties are not liable, and you agree not to seek to hold Kindreff parties liable, for the conduct of third parties, including operators of external sites, and that the risk of injury from such third parties rests entirely with you.

12.3 No Liability for Conduct of Other Users. You are solely responsible for all of your communications and interactions with other users of Kindreff services. You understand that Kindreff does not make any attempt to verify the statements of users of Kindreff services.

12.4 Limited Warranty. Except as otherwise set forth in this agreement, Kindreff warrants that it shall provide the services in a professional manner and that it shall immediately notify the Kindreff representative(s) of any complaints or filings made through the software. Except for the express limited warranty set forth in this section, the services are provided ‘as is’ without warranty of any kind, express or implied, including, but not limited to, warranties of performance, noninfringement, merchantability or fitness for a particular purpose.

12.5 Limitation of Liability. In no event shall either party be liable to the other party, end users, or to any third party for consequential, incidental, special, indirect or punitive damages arising out of or relating to this agreement or the use of the services, even if the other party has been advised, knew or should have known of the possibility of such damages. Company’s exclusive remedy for breach by Kindreff of its limited warranty shall be to discontinue the services and receive an immediate pro-rated refund of fees paid for the term from the time of discontinuation of services.

12.6 Indemnification. Company will defend, indemnify and hold harmless Kindreff, its employees, officers, agents, and successors and assigns from all damages and liability including, without limitation, reasonable attorneys’ fees, incurred as a result of Company’s violation of its obligations under this agreement, or the negligent or willful acts of Company. Company’s obligation to indemnify under this provision shall survive termination of this agreement. Kindreff will defend, indemnify and hold harmless Company, its employees, officers, agents, and successors and assigns from all damages and liability including, without limitation, reasonable attorneys’ fees, incurred as a result of Kindreff’s violation of its obligations under this agreement, or the negligent or willful acts of Kindreff, its employees, or agents, or violation of any third party intellectual property or privacy rights. Kindreff’s obligation to indemnify under this provision shall survive termination of this agreement.

13. TERM AND TERMINATION

13.1 Term. The Terms commence on the date you accept them (as described in the preamble above) and remain valid while you utilise KindReff Services, unless terminated earlier as per the Terms. However, if you hold a paid subscription for the Services, these Terms shall endure for the duration of your paid subscription, unless terminated earlier in line with the Terms.

13.2 Termination of Services by KindReff. If timely payment cannot be processed by your Payment Provider for any reason, if you have significantly breached any provision of the Terms, if you misuse or unreasonably disrupt the operation of the Services, or if KindReff is obligated to do so by law (e.g., where the provision of the Website or the Services is, or becomes, unlawful), KindReff reserves the right to immediately suspend or terminate these Terms and any Services provided to you without prior notice. You acknowledge that all terminations for cause shall be at KindReff’s sole discretion and KindReff shall not be liable to you or any third party for such termination of your Account.

13.3 Termination of Services by You. Should you wish to terminate the Services provided by KindReff, you may do so by (a) notifying KindReff at any time and (b) closing your Account for all the Services you utilise. If you encounter any difficulties closing your Account, please contact us at: support@kindreff.com. Please note that if you hold a paid subscription for the Services, you are obligated to pay the full amount of your paid subscription for the entire Subscription Term, regardless of whether you terminate your use of the Services prematurely. Moreover, the Services will persist at the end of each subscription period unless you cancel your subscription in accordance with the procedure outlined in Section 10.2.

13.4 Effect of Termination. Termination of any Service entails revocation of access to that Service and prohibition of further usage of the Service. Termination of all Services also involves deletion of your password and all associated information, files, and Content linked with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use that Service will cease immediately. You acknowledge that any termination of Services may entail deletion of Your Content associated therewith from our live databases. KindReff shall not have any liability to you for any suspension or termination, including deletion of Your Content. All provisions of the Terms that, by their nature, should endure, shall survive termination of Services, including but not limited to, ownership provisions, warranty disclaimers, and limitation of liability.

13.5 No Subsequent Registration. In the event that your registration(s) with or access to KindReff Services, or any other KindReff community, is discontinued by KindReff due to your violation of any portion of the Terms or for conduct otherwise deemed inappropriate for the community, you agree not to attempt re-registration with or access to KindReff Services or any KindReff community through the use of a different member name or by any other means. Furthermore, you acknowledge that you will not be entitled to receive a refund for fees related to those KindReff Services to which your access has been terminated. In the event of violation of the preceding sentence, KindReff reserves the right, at its sole discretion, to promptly take any or all actions outlined herein without notice or warning to you.

14. GENERAL PROVISIONS

14.1 Electronic Communications. All communications between you and KindReff shall be conducted electronically, whether you visit KindReff Services, send KindReff emails, or receive notices from KindReff via email or on KindReff Services. By engaging with KindReff, you (a) consent to receiving communications from KindReff electronically; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications provided by KindReff electronically fulfil any legal requirement as if they were in writing. This does not affect your statutory rights.

14.2 Release. You hereby release KindReff Parties and their successors from any claims, demands, losses, damages, rights, and actions, including personal injuries, death, and property damage, directly or indirectly related to or arising from your use of User Content. If you are an Australian resident, you waive any similar provision under Australian law limiting your rights. However, this release does not apply to claims, demands, losses, damages, rights, and actions arising from any unconscionable commercial practice, fraud, deception, false promise, misrepresentation, concealment, suppression, or omission of material facts by a KindReff Party in connection with the Website or any Services provided.

14.3 Assignment. You may not assign, subcontract, delegate, or transfer the Terms, or your rights and obligations under them, without KindReff’s prior written consent. Any attempt to do so in violation of this provision shall be null and void.

14.4 Force Majeure. KindReff shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fires, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour, or materials.

14.5 Questions, Complaints, Claims. For any questions, complaints, or claims regarding KindReff Services, please contact us at: support@kindreff.com. We will endeavour to address your concerns promptly. If you believe your concerns have not been adequately addressed, please let us know for further investigation.

14.6 Exclusive Venue. Both you and KindReff agree that all claims and disputes arising from or related to the Agreement will be litigated exclusively in the courts of New South Wales, Australia, to the extent permitted under this Agreement.

14.7 Governing Law. The Terms and any actions related thereto shall be governed and interpreted by the laws of the State of New South Wales, Australia, without giving effect to any principles that would apply the law of another jurisdiction.

14.8 Notice. You are responsible for providing KindReff with your current email address. In case the provided email address is invalid, KindReff's dispatch of an email containing a notice will still constitute effective notice. Notices about account-specific actions may be sent to support@kindreff.com, and to KindReff at the provided Australian address.

14.9 Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion shall not be deemed a waiver of any other provision or of such provision on any other occasion.

14.10 Severability. If any part of this Agreement is held invalid or unenforceable, that part shall be construed in a manner reflecting the original intention of the parties, and the remaining parts shall remain in full force and effect.

14.11 Consumer Complaints. Pursuant to Australian Consumer Law, you may report complaints to the Australian Competition and Consumer Commission (ACCC) or the relevant state consumer protection agency.

14.12 Advertising; Publicity. If you are using the Services on behalf of an employer, recruiter, or organisation, you agree not to disclose, use, or refer to these Terms, or any provisions therein, or the names, trademarks, logos, or service marks of KindReff in any advertising, publicity releases, promotional materials, or materials distributed to existing or prospective customers or candidates without prior written consent from KindReff.

14.13 Changes to the Terms. These Terms may be amended or updated from time to time without notice. It is your responsibility to review them for any changes. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. Please check regularly for updates.

14.14 Entire Agreement. The Terms constitute the final, complete, and exclusive agreement between the parties regarding the subject matter herein, superseding all prior discussions.

15. EMPLOYMENT LAWS

15.1 Introduction. KindReff is committed to promoting lawful and ethical hiring practices. All users of our platform must comply with applicable employment laws and regulations. This policy outlines the responsibilities and requirements for users to ensure that job postings and recruitment practices facilitated through KindReff adhere to relevant legal standards.

15.2 Adherence to Employment Laws. Users must ensure that all job postings, recruitment activities, and employment practices comply with applicable local, state, federal, and international employment laws and regulations. This includes, but is not limited to, laws related to non-discrimination, equal employment opportunity, wage and hour regulations, and employee rights.

15.3 Non-Discrimination. Job postings and recruitment practices must not discriminate against applicants based on race, colour, religion, sex, national origin, age, disability, genetic information, or any other protected characteristic as defined by applicable law.

15.4 Fair Labor Standards. Users must adhere to fair labour standards, including proper classification of employees, payment of minimum wage, overtime compensation, and provision of legally mandated benefits.

15.5 Privacy and Data Protection. Users must handle applicant and employee data in accordance with applicable data protection and privacy laws, ensuring that personal information is collected, processed, and stored securely and used only for legitimate recruitment purposes.

15.6 Accurate Job Descriptions. Job postings must provide clear and accurate descriptions of the position, including job responsibilities, required qualifications, and any other relevant information.

15.7 Compliance with Wage Laws. Job postings must comply with applicable wage laws, including providing information on compensation and benefits in accordance with legal requirements.

15.8 Legal Disclosures. Any legal disclosures required by employment laws must be included in job postings, such as equal employment opportunity statements and information on reasonable accommodations.

15.9 Recruitment Practices and Equitable Hiring Processes. Recruitment processes must be fair and impartial, ensuring that all candidates are given equal consideration based on their qualifications and abilities.

15.10 Document Retention. Users must maintain accurate and complete records of the recruitment process, including applications, interview notes, and hiring decisions, in accordance with applicable record retention laws.

15.11 Background Checks. If conducting background checks, users must comply with applicable laws regarding the use of criminal history information, credit checks, and other background screening processes.

15.12 Monitoring and Compliance. KindReff reserves the right to monitor job postings and recruitment practices on our platform to ensure compliance with this policy and applicable employment laws.

15.13 Violations. Users found to be in violation of this policy may face penalties, including the removal of job postings, suspension of account privileges, and termination of access to KindReff services.

15.14 Reporting Non-Compliance. Users are encouraged to report any non-compliance with this policy or applicable employment laws to KindReff through our support channels. Reports will be investigated promptly and appropriate action will be taken.

15.15 Updates to Policy. KindReff may update this Compliance with Employment Laws Policy from time to time to reflect changes in legal requirements or our practices. Users will be notified of any significant updates through our platform.

By using KindReff, users agree to comply with this policy and all applicable employment laws. Failure to comply may result in penalties and loss of access to KindReff services.

16. NONPROFIT RECIPIENTS

Nonprofit recipients are nonprofits that businesses nominate for donations once a hire occurs through KindReff. The nonprofit must be registered and active in KindReff to be a valid recipient for donations.

16.1 Eligibility. Only nonprofits with verified status in their country of residence or equivalent international status can register on KindReff. They must provide valid documentation and be in good standing.

16.2 Registration and Activation. Nonprofits must complete the registration process on the KindReff platform and remain active. This includes updating their profiles annually and maintaining current contact information.

16.3 Selection Process. Businesses may nominate a nonprofit from the list of registered and active nonprofits. Nominations are subject to review and approval by KindReff to ensure compliance with our standards.

16.4 Donation Disbursement. Once a hire is confirmed, KindReff will process the donation to the nominated nonprofit within a specified timeframe, typically within 30 days. Nonprofits will receive a confirmation of the donation and must acknowledge receipt.

16.5 Use of Donations. Nonprofits agree to use the donations received from KindReff's stakeholders in accordance with their stated mission and objectives. Misuse of funds may result in removal from the platform.

16.6 Reporting Requirements. Nonprofits may optionally provide periodic reports on how donations are utilized, including impact metrics and success stories. These reports will be shared with the donating businesses and the KindReff community.

16.7 Dispute Resolution. Any disputes arising from the donation process or use of funds will be resolved through mediation facilitated by KindReff. If mediation fails, the dispute will be subject to binding arbitration.

16.8 Termination. KindReff reserves the right to terminate a nonprofit's registration for failure to comply with these terms or for any other reason deemed appropriate by KindReff.