Terms and Conditions

In these Terms, unless the context otherwise requires:

• "Application" means a Job Seeker's submission of interest for a Job Listing.
• "Confidential Information" means non-public information disclosed by one party to another, including business plans, trade secrets, and proprietary data.
• "Content" means all information, data, text, messages, software, images, videos, and other materials posted, uploaded, or transmitted on the Platform.
• "Effective Date" means the date these Terms come into force.
• "Employer" means a User who posts Job Listings to recruit candidates.
• "Force Majeure" means events beyond a party's reasonable control, including natural disasters, acts of God, cyber incidents, hosting failures, network outages, government actions, or labor disputes.
• "Free Trial" means a promotional period during which Services are provided without charge.
• "Job Listing" means an advertisement for a position posted by an Employer.
• "Job Seeker" means a User seeking employment opportunities through the Platform.
• "Paid Plan" means a subscription tier requiring payment for enhanced Services.
• "Personal Information" means information about an identified individual or reasonably identifiable individual as defined in the Privacy Act 1988 (Cth).
• "Platform" means the Mumentum website, mobile applications, and related services.
• "Sensitive Information" means personal information defined as sensitive under the Privacy Act 1988 (Cth), including health information, racial or ethnic origin, political opinions, religious beliefs, sexual orientation, or criminal records.
• "Services" means all features, tools, and functionalities provided through the Platform.
• "User" means any person or entity accessing or using the Platform, including Employers and Job Seekers.
• "User Content" means all Content posted, uploaded, or transmitted by Users.

2.1 The Platform is a marketplace connecting Employers seeking candidates and Job Seekers seeking work.

2.2 We are a job board platform, not an employment agency, labour hire provider, or recruitment service. We do not form employment relationships, and all employment occurs directly between Employers and Job Seekers.

2.3 We do not verify, endorse, or guarantee accuracy, completeness, or quality of Job Listings, Applications, or User profiles. Users must evaluate and verify information independently.

2.4 All employment relationships, contracts, and arrangements are formed directly between Employers and Job Seekers. We are not responsible for disputes or issues arising from such relationships.

2.5 Platform features support parents and caregivers returning to work; however, all Users are welcome and must comply with anti-discrimination laws. Employers must not discriminate based on family responsibilities, pregnancy, or parental status.

3.1 You must create an account to access certain features.

3.2 You must provide accurate, current, and complete information during registration and maintain this information.

3.3 You are responsible for safeguarding your account credentials and all activities under your account.

3.4 You must notify us immediately of any unauthorized access or security breach.

3.5 We reserve the right to suspend or terminate accounts that violate these Terms or applicable laws.

3.6 You may not create multiple accounts or transfer your account without our written consent.

3.7 You must be at least 18 years of age to use the Platform. By registering, you warrant that you have legal capacity to enter binding agreements under Australian law.

4.3 We actively monitor for and remove Content violating these Terms or applicable law, and respond promptly to reports of scams, fraudulent activity, or safety risks. Users must report suspicious activity immediately to support@mumentum.au.

4.4 Users must provide truthful information about pay ranges and correctly classify roles as employee or contractor positions.

4.5 Employers must disclose relevant background checks and their lawful basis prior to requiring them from candidates.

4.6 Employers must not conduct bulk unsolicited outreach to Job Seekers without their consent. Reasonable rate limits apply to employer messaging.

5.1 All Platform intellectual property, including software, design, trademarks, and Content we create, remains our property.

5.2 You grant us a non-exclusive, worldwide, royalty-free, sublicensable licence to host, store, reproduce, modify, adapt, display, communicate, and use your User Content for operating, improving, and marketing the Platform. This includes the right to use anonymized or aggregated data for analytics and development purposes.

5.3 You retain ownership of your User Content and may delete it at any time, subject to our data retention obligations.

5.4 You warrant that your User Content does not infringe third-party intellectual property rights and that you have all necessary rights to grant the licence in clause 5.2.

5.5 We maintain a content complaints process for IP infringement or unlawful content. To report infringement, contact support@mumentum.au with detailed information. We reserve the right to remove allegedly infringing content promptly.

5.6 Employers are prohibited from scraping, bulk downloading, or copying resume data for uses beyond legitimate recruitment related to active Job Listings. Upon Job Seeker request, Employers must securely delete candidate data.

5.7 Job Seekers may control resume visibility and delete profile data at any time through account settings.

5.8 Employers grant us limited, opt-out-able rights to use their company name and logo as a customer reference for marketing purposes. To opt out, contact support@mumentum.au.

6.1 We collect, use, and disclose personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth).

6.2 Our Privacy Policy is incorporated into these Terms by reference.

6.3 We implement reasonably appropriate security measures to protect User data. Users must maintain secure passwords and enable two-factor authentication where available. Users are responsible for their account security.

6.4 In the event of a notifiable data breach, we will notify affected Users as soon as practicable and notify the Office of the Australian Information Commissioner (OAIC) where required under the Privacy Act 1988 (Cth). We will take reasonable steps to remediate the breach.

6.5 Third-party service providers (including Stripe or Polar for payments, hosting providers, and analytics services) may have separate terms. We select reputable providers and take reasonable steps to ensure compliance with relevant laws. While our responsibility is limited for failures or breaches caused solely by third parties, we remain responsible for managing personal information as required by Australian law.

6.6 We retain data based on the following categories:

• Billing and tax records: 7 years from transaction date
• Resumes and candidate profiles: deleted or anonymized 12–24 months after account becomes inactive, unless earlier deletion is requested
• Support and communication logs: 24 months
• Other profile data: no longer than necessary for the purpose collected

6.7 Users may request deletion of their data at any time through account settings or by contacting support@mumentum.au, except where we are legally required to retain information.

6.8 Users may request data export or portability at any time and upon account termination. We provide data in a commonly used, machine-readable format within 30 days of request.

6.9 For vulnerability disclosures or security concerns, contact security@mumentum.au. We will acknowledge reports within 48 hours and provide updates on remediation.

6.10 Our use of cookies and tracking technologies is described in our Cookie Policy.

7.1 Certain Services require payment as specified on our pricing page. All fees are stated in Australian Dollars (AUD) and include GST unless otherwise stated.

7.2 By subscribing to a Paid Plan, you accept the terms of our payment processors (Stripe or Polar). Payment Card Industry Data Security Standard (PCI DSS) compliance is handled by these processors, not by the Platform.

7.3 We provide tax-compliant invoices for all transactions. We reserve the right to charge statutory surcharges as permitted by law.

7.4 Overdue amounts incur interest at the rate of 10% per annum. After a 7-day grace period, we may suspend Services for non-payment and recover reasonable collection costs. Reinstatement occurs upon full payment of outstanding amounts.

7.5 Free trials and promotional credits are subject to specific terms disclosed at the time of offer. Trials do not auto-convert to paid subscriptions without your active consent.

7.6 Plan upgrades take effect immediately with prorated charges. Downgrades take effect at the next billing cycle. Partial billing periods are charged on a pro-rata basis.

7.7 For auto-renewal subscriptions:

• Terms, pricing, and renewal dates are clearly disclosed before purchase
• Active consent is required for auto-renewal
• You receive renewal reminders 30 days before renewal, stating the price, term, and cancellation steps
• You may cancel anytime before renewal through your account settings with no excessive notice periods required
• Cancellation must occur at least 2 business days before the renewal date to avoid charges

7.8 Refunds for annual or long-term subscriptions are not provided except where required by Australian Consumer Law. Monthly subscriptions may be canceled anytime with no refund for the current billing period.

7.9 Plan limits (number of Job Listings, resume views, messages) are specified on the pricing page. Exceeding limits may result in additional fees or suspension until you upgrade.

7.10 For payment disputes or chargebacks, contact our payment processor (Stripe or Polar) first. Unresolved disputes may be escalated through the NSW courts or, if we qualify for membership, the Australian Financial Complaints Authority (AFCA).

8.1 Nothing in these Terms excludes, restricts, or modifies consumer rights under the Australian Consumer Law (ACL) or other consumer protection laws that cannot be excluded.

8.2 To the extent of any inconsistency with the ACL, your non-excludable consumer guarantees prevail. We will not rely on any term to the extent it is unfair within the meaning of the ACL.

8.3 For Users acting as consumers (primarily Job Seekers), remedies for service failures include:

• For minor failures: reasonable opportunity for us to remedy the failure
• For major failures: cancellation of the contract, refund, or compensation for loss

8.4 For Users acting in business capacity (primarily Employers), remedies are subject to limitations in clause 9.

8.5 Our liability for death or personal injury resulting from our negligence, or for breaches of non-excludable consumer rights, cannot be limited.

9.1 The Platform and Services are provided "as is" and "as available" without warranties of any kind, express or implied.

9.2 We do not guarantee uninterrupted, error-free, or secure operation. We disclaim all warranties including merchantability, fitness for particular purpose, and non-infringement to the maximum extent permitted by law.

9.3 We are not liable for User Content, employment decisions, workplace relationships, or outcomes arising from use of the Platform.

9.4 To the maximum extent permitted by law, our total liability for any claim arising from these Terms or use of the Platform is limited to the greater of $100 AUD or the amount you paid us in the 12 months preceding the claim.

9.5 We are not liable for indirect, incidental, consequential, or punitive damages, including lost profits, lost data, or business interruption.

9.6 These limitations apply regardless of the legal theory (contract, tort, negligence, statute) and whether or not we were advised of the possibility of such damages.

9.7 Some jurisdictions do not allow limitation of liability for consumer guarantees, so these limitations may not apply to you.

10.1 You agree to indemnify, defend, and hold harmless Mumentum Pty Ltd, its officers, directors, employees, agents, and contractors from all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from:

• Your breach of these Terms
• Your violation of any law or third-party rights
• Your User Content
• Your use of the Platform
• Employment disputes, misclassification claims, wage underpayment claims, discrimination claims, or workplace safety incidents arising from your conduct as an Employer
• Privacy breaches or IP infringement arising from your content or conduct

10.2 This indemnity survives termination of these Terms.

11.1 You may terminate your account at any time through account settings.

11.2 We may suspend or terminate your account immediately if you breach these Terms, engage in fraudulent activity, or for any reason at our discretion with reasonable notice.

11.3 Upon termination:

• Your right to use the Platform ceases immediately
• We may delete your Content and account data following a reasonable export window
• You remain liable for all fees incurred before termination

11.4 The termination process follows this order: suspension → notice → data export window (30 days) → deletion.

11.5 Personal data is retained as specified in clause 6.6, except as required by law for legal compliance or dispute resolution.

12.1 Neither party is liable for delay or failure to perform obligations due to Force Majeure events.

12.2 The affected party will use reasonable efforts to mitigate the impact and resume performance as soon as practicable.

12.3 If a Force Majeure event continues for more than 30 days, either party may terminate these Terms upon written notice.

13.1 We may modify these Terms at any time by posting revised Terms on the Platform.

13.2 For material changes affecting Paid Plans, we provide at least 30 days' notice and you may cancel before the change takes effect without penalty.

13.3 Continued use after changes constitutes acceptance of revised Terms.

13.4 We reserve the right to modify, suspend, or discontinue Platform features at our discretion. We will provide reasonable notice for material changes affecting paid features.

14.1 For disputes, you must first contact us at support@mumentum.au to attempt informal resolution.

14.2 We acknowledge complaints within 48 hours and aim to resolve issues within 14 days.

14.3 If unresolved after 30 days, disputes may be referred to:

• For payment issues: the payment processor's dispute process, or AFCA if we qualify for membership
• For employment issues: Fair Work Ombudsman or relevant state authority
• For other disputes: the courts of New South Wales

14.4 You may submit complaints regarding privacy concerns to the OAIC.

15.1 These Terms are governed by the laws of New South Wales, Australia, but comply with applicable laws in all Australian states and territories.

15.2 You submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia for any claim or dispute. Non-exclusive jurisdiction allows either party to commence proceedings in other courts where permitted.

16.1 Notices must be in writing and delivered via:

• Email to the address associated with your account
• In-app notification
• Postal mail to the address on file

16.2 Notices are deemed received:

• Email: 24 hours after sending
• In-app: upon display
• Postal mail: 3 business days after posting

16.3 We may assign these Terms or use subcontractors to perform Services. We remain responsible for subcontractor performance under Australian privacy law.

16.4 You may not assign these Terms without our written consent.

16.5 The following clauses survive termination: fees and payment obligations (clause 7), intellectual property (clause 5), confidentiality obligations, indemnities (clause 10), disclaimers (clause 9), limitations of liability (clause 9), dispute resolution (clause 14), and governing law (clause 15).

17.1 All electronic marketing communications comply with the Spam Act 2003 (Cth). We only send marketing with your consent, include our identity, and provide a functional unsubscribe mechanism in every message.

17.2 You may opt out of marketing communications at any time through account settings or by using the unsubscribe link in our emails.

18.1 These Terms constitute the entire agreement between you and Mumentum Pty Ltd regarding the Platform.

18.2 If any provision is found invalid or unenforceable, the remaining provisions continue in full force.

18.3 Our failure to enforce any right or provision is not a waiver of that right or provision.

18.4 Headings are for convenience only and do not affect interpretation.

18.5 These Terms may be executed in counterparts, each of which is an original and together constitute one agreement.

19.1 Employer accounts require verification of business details including ABN, business name, and contact information.

19.2 You must keep your business information current and accurate.

19.3 Employer accounts may be subject to additional fees as specified in clause 7.

19.4 Employers must maintain insurance coverage as required by law, including workers' compensation, public liability, and professional indemnity where applicable.

19.5 Employers must hold any required labour hire or employment agency licences in relevant states and territories. The Platform is a job board, not a labour supplier, and does not provide labour hire services.

20.1 Job Listings must be truthful, accurate, and complete, including job title, description, requirements, location, employment type, and remuneration.

20.2 Each Job Listing must:

• Not require unreasonable after-hours availability, consistent with right-to-disconnect laws
• Not discriminate based on protected attributes, including family status, pregnancy, or parental status
• Include accurate pay ranges and classification (employee vs contractor)
• Specify if background checks are required and their lawful basis
• Not advertise roles below legal minimum wage or applicable modern award rates

20.3 Job Listings must not require payment from applicants or contain wage or work arrangements violating wage theft laws.

20.4 We reserve the right to remove Job Listings that violate these Terms, applicable laws, or Platform policies without notice or refund.

20.5 Job Listings expire as specified in your plan. You must renew or update expired listings.

21.1 You receive Applications and candidate information solely for evaluating suitability for advertised positions.

21.2 You must handle candidate information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy.

21.3 You must not share, sell, or use candidate information for purposes unrelated to the specific Job Listing or related roles.

21.4 You must respond to Applications within a reasonable timeframe.

21.5 You must provide feedback if requested by the Job Seeker.

21.6 Candidate data may only be used for legitimate recruitment relating to the specific listing or related roles for a maximum of 12 months, unless renewed consent is obtained. Candidate data must be securely deleted upon Job Seeker request.

21.7 You must not retain candidate data longer than necessary for recruitment purposes.

22.1 Employer fees are based on your selected Paid Plan and are specified on our pricing page.

22.2 All provisions in clause 7 regarding payment, billing, and subscriptions apply to Employers.

22.3 Exceeding plan limits may result in additional fees or temporary suspension until you upgrade.

23.1 You warrant that:

• All information in Job Listings is truthful, accurate, and not misleading
• You have authority to recruit for advertised positions
• You comply with all applicable employment, workplace, and anti-discrimination laws
• You will not engage in wage theft (a criminal offense in Australia since 2025)
• You maintain systems ensuring accurate wage payment in accordance with modern awards and enterprise agreements
• You hold all required workplace insurance and comply with applicable modern award systems

23.2 You represent that your use of the Platform does not violate any agreement with third parties.

24.1 You must comply with all applicable employment laws including Fair Work Act 2009 (Cth), state and territory workplace legislation, workplace health and safety laws, and anti-discrimination laws.

24.2 You must properly classify workers as employees or contractors in accordance with Australian law.

24.3 You must pay wages and entitlements as required by law, modern awards, or enterprise agreements.

24.4 You must provide a safe workplace and comply with workplace health and safety obligations.

24.5 You remain solely responsible for workplace health and safety, accurate wage payment, and compliance with all state and federal workplace laws.

24.6 You must not use the Platform to facilitate unlawful work arrangements including sham contracting, wage theft, or discrimination.

25.1 You are solely responsible for employment decisions, workplace relationships, and employment outcomes.

25.2 You indemnify us for all claims arising from:

• Employment disputes or termination
• Discrimination, harassment, or workplace safety incidents
• Misclassification of workers
• Wage underpayment or entitlement breaches
• Privacy breaches relating to candidate information
• IP infringement arising from your Job Listings or conduct

25.3 All limitations and disclaimers in clauses 9 and 10 apply to Employers.

26.1 Job Seekers must provide accurate information including name, contact details, work history, and qualifications.

26.2 You must keep your profile and resume current and accurate.

26.3 Job Seeker accounts are free unless you subscribe to optional premium features.

27.1 Your resume and profile are visible to Employers based on your privacy settings.

27.2 You control resume visibility and may delete your profile data at any time through account settings.

27.3 Resume data is retained as specified in clause 6.6 and is deleted or anonymized 12–24 months after your account becomes inactive, unless you request earlier deletion.

27.4 You warrant that information in your resume and profile is truthful, accurate, and does not infringe third-party rights.

28.1 You submit Applications to express interest in Job Listings.

28.2 You acknowledge that Employers make independent hiring decisions and we are not responsible for hiring outcomes.

28.3 You must withdraw Applications for positions you are no longer interested in.

28.4 You are responsible for evaluating Job Listings and Employers independently.

29.1 Basic Job Seeker services are free.

29.2 Optional premium features may require payment as specified on our pricing page.

29.3 All provisions in clause 7 regarding payment and billing apply to paid Job Seeker services.

29.4 Refunds are provided only as required by Australian Consumer Law.

30.1 You warrant that:

• All information in your profile and Applications is truthful, accurate, and not misleading
• You have the right to work in Australia or will obtain necessary work authorization before commencing employment
• You comply with all applicable laws

30.2 You must not misrepresent your qualifications, experience, or employment history.

30.3 You are responsible for independently verifying Employer legitimacy and Job Listing accuracy.

31.1 We prioritize Job Seeker safety and actively monitor for scams, fraudulent listings, and unsafe practices.

31.2 You must report suspicious activity, scams, or safety concerns immediately to support@mumentum.au. We investigate all credible reports promptly and remove violating content where appropriate.

31.3 Exercise caution when sharing personal information with Employers. Do not provide financial information, identification documents, or sensitive data until you verify Employer legitimacy.

31.4 Do not pay fees to apply for positions or attend interviews unless legally required professional registrations.

31.5 We actively monitor for and remove Job Listings that violate these Terms or applicable laws.

31.6 The Platform is committed to digital accessibility. We strive to meet or exceed Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards wherever feasible.

32.1 The Platform may use algorithms, machine learning, or automated systems to:

• Match Job Seekers with Job Listings
• Recommend candidates to Employers
• Filter or rank Applications
• Personalize User experience

32.2 Automated decisions are subject to the following safeguards:

• Regular bias monitoring and mitigation testing across protected attributes
• Human review available upon request for significant decisions affecting Users
• Transparency regarding data inputs used by AI systems

32.3 AI systems use the following data:

• Profile information and work history
• Search and Application behavior
• Job Listing interactions
• Anonymized and aggregated data for training internal models

32.4 Users may opt out of having their data used for AI training where technically feasible by contacting support@mumentum.au.

32.5 Users may request human review of automated decisions by contacting support@mumentum.au. We will:

• Acknowledge requests within 48 hours
• Provide human review within 7–14 business days
• Explain the decision and factors considered
• Provide opportunity to correct inaccurate information

32.6 Human review requests do not guarantee changed outcomes but ensure fair consideration.

32.7 We commit to de-identification and anonymization of personal data used for analytics and algorithm development to the maximum extent practicable.

By using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.