Updated 15th June 2023
Welcome to Onboarded, an online onboarding tool specially built to streamline how employers onboard new talent by allowing them to invite applicants to commence and complete an onboarding process and monitor the progress of each applicant (“the Services”).
The Services are provided by Onboarded Pty Ltd ABN 33649630919 (“Onboarded, we, us, our”) and made available to you through the subdomain of https://www.onboarded.com.au (“Website”).
Please read these Terms carefully before you start to use the Services, as they will apply and be binding to you from the time Onboarded first provides you with access to the Services. If you do not agree to these Terms, you cannot use the Services.
Onboarded does not provide any professional advice, including legal or accounting advice. We may provide you with information we think might be helpful in running a business, but this should not be seen as a substitute for professional advice, and we aren’t liable for your use of the information in that way.
If we update these Terms, we will give you 30 days’ notice before any changes come into effect unless we need to make immediate changes for reasons we do not have control over. If you find a modified term unacceptable, you may terminate your subscription by giving the standard advance notice to Onboarded as set out in clause 9.1.
Title to, and rights to any patent, trademark, service mark, copyright, moral right, design rights, know-how and any other intellectual or industrial property rights, anywhere in the world, whether registered or not in relation to the Services, the Website and any documentation associated with the Services remain the property of Onboarded (or its licensors).
All users must create an Onboarded account. This involves contacting us and then creating a username and password. You may change your password at any time by following the instructions on the Website.
Onboard offers paid and unpaid access to registered account holders and unlimited candidate onboarding:
Unpaid ‘freemium’ users can use our solution to onboard candidates in Australia and New Zealand using our freemium onboarding pack
Paid subscribers can access our out of box extended onboarding forms or we can build a customised onboarding pack for your business as per your needs.
As a paid Subscriber, we grant you the right to use our Services for as long as the Subscriber continues to pay for the Services until the subscription is terminated or – if you’re an Invited User – until your access is revoked.
The Subscriber is responsible for any actions an Invited User takes and agrees that our responsibilities do not extend to the internal management or administration of Onboarded for you.
Onboarded may provide analytics data regarding your use of the Services at Onboarded’s discretion, acting reasonably.
By creating a subscription, you agree that we may use your name and logo to market and promote the Services.
In choosing to create a subscription, you acknowledge and agree that you:
have read and understood these Terms;
have provided true, accurate, current and complete information about the Subscriber;
are responsible for ensuring that all usernames and passwords are kept secure and confidential;
will not transfer or resell its use of or access to the Services to any third party;
are accountable for any and all activities that occur under its login details;
will immediately notify Onboarded of any unauthorised use of Subscriber or Invited User credentials and access information or any other breach of security; and
will take all other actions that Onboarded deems reasonably necessary to maintain or enhance the security of Onboarded’s software and networks and Subscriber and Invited User access to the Services.
We charge for the Services in two ways:
pre-purchase credits to access the Services; or
you pay a monthly or yearly fee in arrears
A credit can be used once to access a Service
The Subscriber must always have credits to ensure continued use of the Services unless you are paying a monthly/Yearly fee for that Service.
As a condition of these Terms, when accessing the Website and using the Services, you promise you will:
do so solely for business purposes;
do so only through the Website or any application provided by Onboarded;
not access the Website or use the Services, by way of act or omission, to mislead or deceive others;
not attempt to undermine the security or integrity of Onboarded computer software or networks;
not attempt to create multiple Services accounts without permission;
not attempt to gain unauthorised access (for example, through impersonation or misrepresentation) to any materials other than those to which you have been given express permission to access or to the computer system on which the Services is hosted;
not attempt to modify, copy, adapt, reproduce, republish, upload, post, transmit, distribute, disassemble, decompile or reverse engineer any material from the Website, including code, software and computer programs used to deliver the Services or to operate the Website;
not use, or misuse, the Services in any way which may impair the functionality of the Services or Website, or other systems used to deliver the Services or impair the ability of any other Subscriber to access the Website or use the Services;
not post any content that is unlawful, fraudulent, discriminatory, threatening, abusive, libellous, defamatory, obscene or otherwise objectionable or that contains irrelevant or unconstructive content;
not post any content that contains proprietary information, trade secrets, Confidential Information, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication or encourages or causes spamming or flooding;
not sell, redistribute or use the Services or Website for any commercial purpose (other than as agreed); and
not use data mining, robots, screen scraping/crawling, or similar automated data gathering, extraction or publication tools on the Website (including to establish, maintain, advance or reproduce the information contained on the Website on your website or in any other publication), except with Onboarded’s prior written consent.
When you enter or upload your data into the Services (“Your Data”), you own Your Data, but you grant us a licence to use, copy, transmit, analyse, store (where agreed we will do this) and back up Your Data, including personal data of yourself and others, to enable us to provide you with access to the Website and use the Services and for any other purpose related to our provision of the Services, including to:
improve, develop and protect the Services;
create new services;
communicate with you about your subscription;
send you information we think may be of interest to you (which you have opted into receiving); and
enable third-party service providers and partners to support you.
You also grant Onboarded a non-exclusive, fully paid, worldwide and irrevocable license to use Your Data to derive anonymous statistical and usage data related to the Services (“Anonymous Data”) to compile, combine or incorporate such Anonymous Data with or into other similar data and information available, derived or obtained from other clients, customers, licensees or users of Onboarded, or otherwise (collectively Aggregate Data), to permit Onboarded to undertake quality control or data analytics, and use Aggregate Data in connection with its products and services. Your Data will not be identifiable at any time.
The Services is used by you to collect information on candidates you are onboarding into your organisation (“Applicant”). Therefore, you administer and control Applicant information processed by the Services. The Services are not a job posting or advertising service.
When you use the Services to invite an Applicant to commence an onboarding, a unique onboarding link will be emailed to the Applicant (“Onboarding Link”) at the mail address you input into the Services or via API. The Subscriber is responsible for ensuring the Applicant is aware they will receive the Onboarding Link.
An Applicant will only be granted access to the onboarding landing page once they verify their identity using multi-factor authentication. An Onboarding Link will become inactive on the earlier of an Applicant submitting their onboarding application or as set up by you in the settings.
Each Onboarding Link consumes a credit under clause 2.9.
You acknowledge and agree on all of the following:
Onboarded assumes no responsibility for communications between you and an Applicant and disclaims any responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of Applicant information made available by an Applicant on the Website. This includes the legality or enforceability of any third-party electronic or digital signature used by an Applicant; and
Onboarded cannot verify any information provided by you or an Applicant. If an Applicant provides incorrect information, it will be your responsibility to correct those details and to take any steps necessary to protect the privacy of Applicants; and
you are liable for your acts or omissions in reliance on any information provided by Applicants and the method by which they provide this information.
All Applicant data, including their personal information, except audit data (“non-personal info”), will be removed from our servers within 30 days or as agreed with you (“such as us agreeing to a longer date to enable you to integrate Applicant data into your ATS”).
Whilst Onboarded intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions, the Services or Website may be unavailable to permit maintenance or other development activity to take place.
If, for any reason, Onboarded has to interrupt the Services for longer periods than Onboarded would typically expect, Onboarded will use reasonable endeavours to publish in advance details of such activity on the Website.
In the case of technical problems, you agree to make all reasonable efforts to investigate and diagnose problems before contacting Onboarded. If you still need technical help, please check the support provided online by Onboarded on the Website or failing that, email us at email@example.com
You acknowledge and agree that:
you must maintain copies of all Your Data. Onboarded adheres to its best practice policies and procedures to prevent Your Data from being lost, including a daily system backup regime, but does not make any guarantees that there will be no loss of Your Data. Onboarded expressly excludes liability for any loss of Your Data, except to the extent that any damages resulted from Onboarded’s negligent acts or omissions;
Onboarded does not warrant that the Services generally available through its Website will be uninterrupted or error-free or that defects in the Services will be corrected. Among other things, the operation and availability of the systems used for accessing the Services, including computer networks, mobile devices, and the Internet, can be unpredictable and may, from time to time, interfere with or prevent access to the Services;
you are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for the accuracy of data input and output and for maintaining a means external to the Website for the reconstruction of any lost data;
you will ensure that your collection, transmission, storage of, and access to your data via the Website and Services is at all times lawful; and
Onboarded has no liability for the deletion, failure to store, mis delivery or untimely delivery of any information, messages or material, including Your Data except to the extent caused by Onboarded’s unlawful, negligent or erroneous acts or omissions.
The Services contain features designed to interoperate with third-party applications that are web-based, mobile, on-premises or other software applications not developed by Onboarded (“Third Party Applications”).
In providing the Services to you, Onboarded may integrate Onboarded’s Services with Third Party Applications (“Integrated TPA”). A list of current Integrated TPAs is available below for your reference. Onboarded reserves the right to change its Integrated TPAs at any time and will endeavour to give you reasonable notice of this change.
Integrated TPAs are subject to terms and conditions and privacy notices set by the Integrated TPA, and you should ensure you have reviewed these before you agree to accept or use an Integrated TPA’s products or services. Integrated TPAs are solely responsible for any representations they make in connection with their products or services.
In connection with all Integrated TPAs, you acknowledge and agree that Onboarded does not warrant that your use of any Integrated TPAs will be uninterrupted or error-free nor that the service will deliver any specific functionality.
You acknowledge and agree that:
You have obtained the respective rights and/or consents to process the data of your Applicants and to use it in the Onboarded Saas solution, and to grant the consents in relation to the same, for the purpose of using third party integrations.
Onboarded shall not be held liable to and shall not accept any liability, obligation or responsibility whatsoever for any loss or damage in connection with the data it provides to such third parties (unless we are at fault, for example under the terms of the General Data Protection Regulation as they apply to certain territories where we are active such as the United Kingdom).
Below is the list of current TPAs that are integrated with Onboarded.
|Third Party Integration||Description||Website|
|FastTrack Recruitment Solution||Onboarded integrates with FastTrack360 to pull and push onboarding data for FastTrack360 users||https://fasttrack.com.au/|
|JobAdder||Onboarded integrates with JobAdder to pull and push onboarding data for JobAdder users||https://jobadder.com/|
|Bullhorn||Onboarded integrates with Bullhorn to pull and push onboarding data for Bullhorn users||https://www.bullhorn.com|
|RDB Now||Onboarded integrates with RDB Now to pull and push onboarding data for RDB Now users||https://www.rdbnow.com/|
|ECM||Onboarded integrates with Oncore to pull and push onboarding data for Oncore users||https://www.oncoreservices.com/|
|National Crime Check||Vevo and police check feature is provided by National Crime Check integration||https://www.nationalcrimecheck.com.au/|
|Referoo||Auto work reference Check feature is provided by Referoo integration||https://www.referoo.com.au/|
|Calendly||Interview booking feature is provided through Calendly integration||https://calendly.com/|
|Flare HR||Super choice feature in Onboarded is provided through Flare HR integration||https://www.flarehr.com/|
|smartAI||Onboarded integrates with smartAI to initiate onboarding process from smartAI application||https://smartai.com.au/|
|SMS Messenger||Onboarded sends SMSs to the applicants using SMS Messenger technology||https://smsmessenger.com.au/|
|Esendex||Onboarded sends SMSs to the applicants using Esendex technology||https://www.esendex.com|
|Cloud Converter||Onboarded uses cloud converter’s technology to convert documents into PDF and other formats||https://cloudconvert.com/|
|Checkmate||Onboarded integrates with checkmate to provide background checks||https://www.checkmate.tech/|
|Xero||Onboarded integrates with Xero to push payroll info of a candidate||https://www.xero.com/|
|Astute||Onboarded integrates with Astute to push payroll info of a candidate||https://www.astutepayroll.com/|
|MYOB||Onboarded integrates with MYOB to push payroll info of a candidate||https://www.myob.com/|
In all other cases where you wish to integrate a Third Party Applications into the Services (“Sourced TPAs”), you are solely responsible for obtaining and maintaining access to these Sourced TPAs from the applicable providers. To the extent permitted by law, Onboarded is not liable to you and will not provide you with any refund, credit or other compensation for any errors, delays, downtime or non-performance of the Services caused or contributed to by the temporary or permanent unavailability of a Sourced TPA, or if you terminate your subscription, use or licence to the Sourced TPA.
If you establish an integration between a Sourced TPA and the Services via the cloud, you authorise Onboarded to access and transmit Your Data to and/or from the Sourced TPA while you are a Subscriber to the Services and subject to Onboarded’s other obligations under these Terms regarding Your Data.
You may share conﬁdential information with us and become aware of conﬁdential information about us. Both parties agree to take reasonable steps to protect the other’s conﬁdential information from being accessed by unauthorised individuals. We may also share each other’s conﬁdential information with legal or regulatory authorities if required to do so (but only to the minimum extent required to comply with a regulation or order and with advance notice to the other party).
By using Onboarded you acknowledge and agree that Onboarded collects, records, processes, analyses, and stores any and all information you provide and activities you take on the Site, and any and all interactions and communications you have with, on, or through the Site.
Please note that Onboarded may be required to comply with legal obligations or governmental requests or to establish or exercise its legal rights or defend against legal claims. This means, for example, that Onboarded may receive legal process from courts or law enforcement to reveal Applicant data.
The Services are made available to you on an “as is” basis. Subject to clause 8.2:
we disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability and fitness for a particular purpose; and
while we take all reasonable precautions to ensure the security of data you access as part of the Services, we do not warrant that any files available for downloading through the Website, including any downloadable report which outlines the key details and personal information of Applicants, will be free of infection or viruses, worms, trojan horses or other code that manifest contaminating or destructive properties.
There may be non-excludable warranties, guarantees or other rights provided by law (“non-excludable guarantees”). They still apply – nothing in these Terms is intended to exclude, restrict or modify any non-excludable guarantees. Except for non-excludable guarantees and other rights you have that we cannot exclude, we are only bound by the express promises made in these Terms. Our liability for breach of a non-excludable guarantee is limited, at our option, to either replacing or paying the cost of replacing the relevant service (unless the non-excludable guarantee says otherwise).
Neither party is liable for any loss of revenue or profit, loss of goodwill, loss of customers, loss of capital, loss of anticipated savings, legal, tax or accounting compliance issues, damage to reputation, loss in connection with any other contract, or indirect, consequential, incidental, punitive, exemplary or special loss, damage or expense.
For loss or corruption of Your Data, our liability will be limited to taking reasonable steps to try and recover that data from our available backups.
We are not liable to you for any failure or delay in performing any of our obligations under these terms arising out of any event or circumstance beyond our reasonable control.
In all other cases, our maximum aggregate liability to you in any circumstances will be limited to the value of the credits purchased by you in the 12 months immediately preceding the date on which the claim giving rise to the liability arose.
Subject to clauses 9.3 and 9.4, these Terms will continue on a month-by-month basis OR Year-by-Year bases as per your chosen subscription in accordance with the purchase of credits under clause 2.9 At the end of each month/Year (“Billing Period”), these Terms will automatically continue for another Billing Period of the same duration unless either party terminates these Terms by giving at least one month’s advance written notice.
If you elect to terminate these Terms by providing one (1) month’s advance written notice, to the extent permitted by law, you will not be entitled to receive a refund for any setup fee or credits that remain unused as of the date of termination.
Onboarded will assume that you no longer wish to use the Services if you do not onboard a single applicant for three (3) consecutive months. In this instance, Onboarded will inactivate your account. You can request your account to be reactivated by reaching our support team at firstname.lastname@example.org. If your account remains inactive for more than six (6) months, Onboarded will permanently delete all your information from our server without liability to you.
breach any of these Terms and do not remedy the breach within 14 after receiving notice of the breach if it is capable of being remedied;
breach any of these Terms, and the breach is not capable of being remedied; or
your business becomes insolvent or goes into liquidation or has a receiver or manager appointed of any of its assets;
Our invoice remains outstanding and unpaid for more than 45 days after its due date.
terminate these Terms and your use of the Services and access to the Website; or
suspend for any definite or indefinite period of time your use of the Services and access to the Website.
Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the termination date.
Waiver If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
Delays Neither party will be liable for any delay or failure in the performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control.
No assignment You may not assign or transfer any rights to any other person without Onboarded’s prior written consent, and any such attempt is void, provided that Onboarded must act reasonably in withholding its consent. Onboarded may assign or delegate its rights and obligations herein without notice to you.
Governing law and jurisdiction The laws governing these Terms will be the laws in the State of Victoria, Australia and you irrevocably submit to the exclusive jurisdiction of its Courts and its Appellate Courts and the jurisdiction of the Federal Court of Australia sitting in Victoria.
Severability If any part or provision of these Terms is held invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of these Terms will continue to be valid and enforceable.
Notice Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been sent on transmission. Notices to Onboarded must be sent to email@example.com or to any other email address Onboarded advises you of. Notices to you will be sent to the email address you provided when Signing up to access and use the Services.
Rights of third parties A person or entity who is not a party to these Terms has no right to benefit under or to enforce any clause of these Terms.
Interest on overdue amounts We reserve the right to charge you interest daily at an annualised rate of 5% on any overdue amount. An overdue amount means an amount (or part thereof) that is not, or is no longer, disputed in accordance with these Terms and which has been outstanding for more than 14 days from the date of the correctly rendered invoice or the date that the amount ceased to be disputed, as the case may be. You indemnify us for all reasonable costs and expenses (including legal costs and any other third-party costs) we incur in seeking to recover unpaid amounts.