Website Terms & Conditions

WHAT PARTS OF THESE TERMS APPLY TO ME?

This agreement governs your use of the Next Mile website located at nextmile.io and the Next Mile mobile application available on the Apple iOS Store and the Google Play Store (Platform) and any other services made available through the Platform. By using the Platform, you agree to be bound by this agreement which forms a binding contractual agreement between you, the User, and us, NEXT MILE PTY LTD ABN 74 631 275 655 (Next Mile, we or us).

The remainder of this agreement is divided into three parts:

If you intend to use the Platform as an Employer, only Parts 1 and 2 of these terms will apply to you.

If you intend to use the Platform as a Talent, only Parts 1 and 3 of these terms will apply to you.

When we talk about the "Services" in this agreement, we are referring to our mobile applications available on the Apple iOS Store and the Google Play Store, our website and any associated services we offer.

If you access or download our mobile application from the Apple App Store or Google Play Store, you agree to Apple’s Licensed Application End User License Agreement and any Usage Rules set forth in the App Store Terms of Service or, as applicable, the Android, Google Inc. Terms and Conditions including the License Agreement and Terms of Application.

We may use Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

 

PART 1: ALL USERS

 

1. ELIGIBILITY

  1. This Platform is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you are either:
    1. over the age of 18 years and accessing the Platform for personal use; or
    2. accessing the Platform on behalf of someone under the age of 18 years old and consent to that person's use of the Platform. 
  2. Please do not access the Platform if you are under the age of 18 years old and do not have your parent or guardian's consent, or if you have previously been suspended or prohibited from using the Platform.
  3. If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “User” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.

 

2. ACCOUNTS

  1. In order to use most of the functionality of the Platform, all Users are required to sign-up, register and receive an account through the Platform (an Account).
  2. As part of the Account registration process and as part of your continued use of the Platform, you are required to respond to a guided on-boarding questionnaire and in the process provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, and other information as determined by Next Mile from time to time.
  3. The Platform will identify which information is mandatory for us to be able to provide the full spectrum of the Services to you and which information is optional.
  4. Employers will only be able to post Job Postings and Talent respond to such Job Postings on the Platform after they have completed identity verification in accordance with clause 3
  5. You warrant that any information you give to Next Mile in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
  6. If prompted by the Platform, you may register for an Account using your LinkedIn, Google+, Facebook or other social media network account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to your current profile photo and other basic information set out on your Social Media Account.
  7. Once you complete the Account registration process, Next Mile may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
  8. Next Mile reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
  9. Next Mile may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.
  10. You may cancel your account or remove any Posted Materials (as that term is defined in clause 5 below) at any time.

 

3. IDENTITY VERIFICATION

  1. (Verification) We require Users to verify their identity, including by using our mobile number verification processes, or an external identity verification service, as applicable (Verification Service).
  2. (Your personal information and privacy) We will collect your personal information in accordance with our Privacy Policy as set out in clause 15. Where a Verification Service is used, you acknowledge and agree that:
    1. we may contact and share your personal information with a Verification Service to verify your details;
    2. you consent to us receiving, sharing and using this information to enable us to carry out Verification.
  3. (Warranty and Indemnity) You acknowledge and agree that:
    1. we are reliant on the information provided by the Verification Service for Verification and to the extent permitted by law, we disclaim all warranties that Verification will be accurate or guarantee that Verification will ensure you contract with a suitable User;
    2. you should make your own inquiries as to verification of other Users’ identity before engaging in a contract with another User; and
    3. we merely facilitate the introduction of Users by employing a complex algorithm that identifies qualities sought by different Users in other Users but do not endorse any User, Job Postings or Verification.

 

4. USER OBLIGATIONS

As a User, you agree:

  1. not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
  2. to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify Next Mile of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform's security;
  3. to not use the Platform for any purpose other than for the purpose of making arrangements to receive the Services, including:
    1. by not using the Platform in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job, which includes illegal activities or purposes); and
    2. by not using the Platform in connection with any commercial or money making or other promotional or marketing endeavours, except those that are endorsed herein, or as approved in writing by Next Mile;
  4. not to act in any way that may harm the reputation of Next Mile or associated or interested parties or do anything contrary to the interests of Next Mile or the Platform;
  5. you must not make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of Next Mile;
  6. that Next Mile may change any features of the Platform or Services offered through the Platform at any time without notice to you; and
  7. that information given to you through the Platform, by Next Mile or another User including an Employer, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information.

 

5. POSTED MATERIALS

 

5.1 WARRANTIES

By providing or posting any information, materials or other content to or on the Platform (Posted Material), you represent and warrant that:

  1. you are authorised to provide the Posted Material;
  2. the Posted Material is accurate and true at the time it is provided;
  3. any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
  4. the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
  5. the Posted Material is not "passing off" of any product or service and does not constitute unfair competition;
  6. the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
  7. the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
  8. the Posted Material does not breach or infringe any applicable laws

 

 5.2 LICENCE

  1. You grant to Next Mile a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for Next Mile to use, exploit or otherwise enjoy the benefit of such Posted Material.
  2. If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release Next Mile from any and all claims that you could assert against Next Mile by virtue of any such moral rights.
  3. You indemnify Next Mile against all damages, losses, costs and expenses incurred by Next Mile arising out of any third party claim that your Posted Material infringes any third party's Intellectual Property Rights.

 

5.3 EDITING AND REMOVAL

  1. Next Mile may, in its absolute discretion, edit or modify any Posted Material prior to sharing it with other Users.
  2. Next Mile may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material.
  3. You agree that you are responsible for keeping and maintaining records of Posted Material.

 

6. REFUNDS, SERVICE INTERRUPTIONS AND CANCELLATIONS

Next Mile will have no liability or obligation to you if:

  1. Talent or an Employer does not perform any of its obligations under any contract between the Talent and the Employer arising out of the introduction on the Platform is agreed; or
  2. for whatever reason, including technical faults, the Services cannot be performed or completed at all times,

and you will not be entitled to any compensation from Next Mile.

 

7. SERVICE LIMITATIONS

The Platform is made available to you strictly on an 'as is' basis. Without limitation, you acknowledge and agree that Next Mile cannot and does not represent, warrant or guarantee that:

  1. the Platform will be free from errors or defects;
  2. the Platform will be accessible at all times;
  3. messages sent through the Platform will be delivered promptly, or delivered at all;
  4. information you receive or supply through the Platform will be secure or confidential; or
  5. any information provided through the Platform is accurate or true.

 

8. INTELLECTUAL PROPERTY

  1. Next Mile retains ownership of and/or provides you with a sublicense to (as the case may be) all materials developed or provided (or both, as the case may be) in connection with the Services (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Service Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
  2. You may make a temporary electronic copy of all or part of the Service Content for the sole purpose of viewing it and adapting it for the purpose expressly specified by Next Mile. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without prior written consent from Next Mile or as permitted by law.
  3. In this clause 8, "Intellectual Property Rights" means all copyright, trade mark, design, patent, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.

 

9. THIRD PARTY CONTENT

The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). Next Mile accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

 

10. THIRD PARTY TERMS

  1. Any Service that requires Next Mile to acquire goods and services supplied by a third party on behalf of any User (including a third party payment service) may be subject to the terms and conditions of that third party (Third Party Terms), including 'no refund' policies.
  2. Users agree to familiarise themselves with any Third Party Terms applicable to any such goods and services and, by instructing Next Mile to acquire the goods or services on the User’s behalf, the User will be taken to have agreed to such Third Party Terms.

 

11. DISPUTES BETWEEN USERS

  1. You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.
  2. If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to Next Mile by emailing complaints@nextmile.io. We will assess the complaint and attempt to quickly and satisfactorily resolve it.
  3. Any costs you incur in relation to a complaint or dispute will be your responsibility.
  4. If you have a dispute with Next Mile, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.
  5. Notwithstanding any other provision of this clause 11, you or Next Mile may at any time cancel your Account or discontinue your use of the Platform.

 

12. SECURITY

Next Mile does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.

 

13. DISCLAIMER

  1. (Introduction service) Next Mile is a medium that facilitates the introduction of Talent and Employers for the purposes of allowing the Talent to apply for employment positions or contract work with the Employers. Next Mile simply collects a service fee in consideration for providing this introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, Talent and Employers in relation to such arrangements or otherwise resulting from the introduction.
  2. (Limitation of liability) To the maximum extent permitted by applicable law, Next Mile excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Platform or its use or any services provided by any User. This includes the transmission of any computer virus.
  3. (Disclaimer) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee into this agreement which may not lawfully be excluded, then to the maximum extent permitted by applicable law, Next Mile's liability for breach of that non-excludable condition, warranty or guarantee will, at our option, be limited to:
    1. in the case of goods, their replacement or the supply of equivalent goods or their repair; and
    2. in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.
  4. (Indemnity) You agree to indemnify Next Mile and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives' use of the Platform or your provision or receipt of the Services.
  5. (Consequential loss) To the maximum extent permitted by law, under no circumstances will Next Mile be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Platform, this agreement or their subject matter, or any services provided by any Employer (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

 

14. CONFIDENTIALITY

You agree that:

  1. no information owned by Next Mile, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
  2. all communications involving the details of other Users are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.

 

15. PRIVACY

You agree to be bound by the clauses outlined in Next Mile's Privacy Policy, which can be accessed here https://nextmile.io/privacy.

We are committed to protecting your privacy. We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.

 

16. COLLECTION NOTICE

  1. We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
  2. Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.

 

17. RATINGS AND REVIEWS

  1. Users may rate a Job Posting or other Users (Rating) and/or may provide feedback to other Users (Review).
  2. Ratings in relation to a User can only be viewed by that User but may be used by Next Mile in its provision of the Services.
  3. Reviews of a User may be made available to any User, and may remain viewable until the relevant User’s Account is removed or terminated and may be used by Next Mile in its provision of the Services.
  4. Users must provide true, fair and accurate information in their Reviews.
  5. While we do not undertake to review each Review made by a User, if we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban the User from posting the Review.
  6. To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
  7. You may only Review or Rate Users with which you have been connected on the Platform and have had an interaction (User Experience).
  8. You may only write about your own User Experience. You are not permitted to write a Review about somebody else’s User Experience, such as that of a family member or friend.
  9. You may not write a Review about a User if that User is a business you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that User, or work for the User. Similarly, you may not write a Review about a direct competitor to the User you own, are employed by or work for.
  10. Your User Experience must have occurred within the last 12 months. This means within 12 months from the date on which you write the Review.
  11. You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a User to write a Review, you should include information about this in your Review. Incentives include the User offering you a gift, reward, discount or advantage for writing a Review about the User on the Platform.

 

18. NOTICE REGARDING APPLE

If you are accessing the Services from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree:

  1. this agreement is are between you and Next Mile and not with Apple. Apple is not responsible for the Services or any content available on the Services;
  2. Apple has no obligation whatsoever to furnish any maintenance and support services for the Services;
  3. in the event of any failure of Next Mile to conform to any applicable warranty, you may notify Apple, and Apple will refund the price for the Services. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be Next Mile’s responsibility;
  4. Apple is not responsible for addressing any claims by you or any third party relating to the Services, including, but not limited to:
    1. product liability claims;
    2. any claim that the Services fails to conform to any applicable legal or regulatory requirement; and
    3. claims arising under consumer protection, privacy, or similar legislation;
  5. in the event of any third party claim that the Services or your use of the Services infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim;
  6. that you represent and warrant that:
    1. you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting’” country; and
    2. you are not listed on any U.S. Government list of prohibited or restricted parties;
  7. you must comply with applicable third party terms of this agreement when using the Services; and
  8. Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and that, upon your acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary.

 

19. TERMINATION

  1. Next Mile reserves the right to terminate a User's membership to any or all of the Platform (including any Posted Material and Accounts) at any time without notice, for any reason.
  2. In the event that a User's membership is terminated:
    1. the User's access to all posting tools on the Platform will be revoked;
    2. the User will be unable to view the details of any other User (including contact details, geographic details, any other personal details and service listings or requests) that have previously been made available to the User; and
    3. all Job Postings previously posted by the respective User will also be removed from the Platform.
  3. Users may terminate their Account at any time by using the Platform's functionality.
  4. Notwithstanding termination or expiry of your membership or this agreement, the provisions of Part 1 and any other provision which by its nature would reasonably be expected to be complied with after termination, will continue to apply.

 

20. GST

  1. Unless otherwise specified, each consideration or payment obligation in this agreement is exclusive of GST.
  2. If GST is or becomes payable on a Supply made under or in connection with this agreement, an additional amount is payable by the party providing consideration for the Supply equal to the amount of GST payable on that Supply as calculated by the party making the Supply in accordance with A New Tax System (Goods and Transitional Business Continuity Services Tax) Act 1999 (Cth) (GST Act).
  3. Any capitalised term in this clause which is not defined in this clause has the meaning given to that term in the GST Act.

 

21. TAX

You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Platform, and Next Mile will not be held accountable in relation to any transactions between Talent and Employers where tax related misconduct has occurred.

 

22. RECORD / AUDIT

To the extent permitted by law, Next Mile reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving Next Mile.

 

23. GOVERNING LAW

This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

 

PART 2: EMPLOYERS

 

1. ELIGIBILITY

You must verify that any Talent is over 18 years old or has their parent's or guardian's consent to use the Platform.

 

2. JOB POSTINGS AND TALENT PROFILES

You acknowledge and agree that:

  1. you must use your best endeavours to provide as much information as possible when completing our guided onboarding questionnaire that will generate Job Postings;
  2. you will not be able post any Job Postings until we have verified your identity in accordance with clause 3 of Part 1;
  3. Next Mile may choose not to accept any Job Posting you submit to the Platform, and Next Mile may limit the number of Job Postings you can submit on the Platform;
  4. After you have posted a Job Posting, Next Mile will communicate it to the Talent selected by our algorithm based on your responses to our questionnaire and respond to you within 48 hours with a shortlist of interested Talent profiles (Talent Profiles);
  5. at this stage the Talent Profiles will not contain any personal information, contact information or detailed employment history relating to the Talent and you will only be able to view the complete range of information available in a Talent Profile (Full Talent Profile) once you have paid the applicable fees;
  6. you may not be shown all of the Talent Profiles of the Talent who responded to a Job Posting but rather a selection of the most relevant Talent Profiles based on your responses to our questionnaire and the information contained in your Job Posting;
  7. any additional terms and conditions relating to a Job Posting provided via the Platform are solely between you and the Talent and do not involve Next Mile in any way, except that they must not be inconsistent with your obligations under this agreement;
  8. you must deal with any dispute with Talent in accordance with clause 9 of Part 1; and
  9. Next Mile will have no responsibility for the accuracy, reliability or timeliness of the content or representations provided by a Talent responding to a Job Posting.

 

3. BYPASSING

  1. You must not communicate or attempt to communicate with Talent or use any information in a Talent Profile to ascertain the identity of the Talent or to communicate with the Talent (Bypassing) until you have paid for and the Platform has made available to you the Full Talent Profile.
  2. If you become aware that any person is engaged in Bypassing, you must contact us immediately communicating the details of Bypassing known to you.
  3. You acknowledge and agree that Next Mile will monitor Bypassing using any means at its disposal, including by directly communicating with Talent in relation to any instances of suspected or actual Bypassing.
  4. Next Mile, in its absolute discretion, may cancel your Account and suspend you from using the Platform, if it finds or suspects that you have breached or are in breach of this clause 3.
  5. Next Mile reserves the right to describe any instance of Bypassing on the Platform or in other media, identifying the Employer engaged in Bypassing.

 

4. OTHER SERVICES

In addition to allowing you to post Job Postings and view Talent Profiles, the Platform will offer a range of services relating to the information in your Account, including but not limited to allowing you to download all or part of Job Postings in a variety of forms (Other Services).

 

5. FEES

  1. Viewing the Platform and posting Job Postings is free.
  2. To reveal and/or download the full Talent Profile/s you must pay the fees set out on the Platform.
  3. (Online payment partner) Next Mile processes payments through the Platform using Stripe and PayPal (Online Payment Partners). In addition to this agreement, your purchase of any services via the Platform will be subject to the terms and the privacy policy of the Online Payment Partner, available on the Online Payment Partners’ website.
  4. You agree to release Next Mile and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partners, including any issue with security or performance of the Online Payment Partners’ platform or any error or mistake in processing your payment.

 

6. NO GUARANTEE

You acknowledge and agree that:

  1. even though Next Mile uses an algorithm to present you with the most suitable Talent in relation to your Job Posting, Next Mile does not guarantee that as a result of posting a Job Posting or contacting Talent you will be able to fill a vacancy you are seeking to fill or otherwise find a suitable candidate.
  2. Next Mile will not liable to you and you will not be entitled to a refund or other form of compensation, if you arrange for an interview with Talent after paying to view the full Talent Profile and the relevant Talent fails to attend the interview, is not suitable for the vacancy you are seeking to fill or finds a role with another employer.
  3. Next Mile provides no promises or guarantees that any Account Service will enable you to find a suitable candidate to feel an existing vacancy or otherwise help you achieve a desired result.
  4. All information provided to you as part of the Account Services is based on the information that you provided to us and is of general nature only. By using such information, you accept the risk that the information may not meet the specific needs of your business.

 

7. OBLIGATIONS

You are responsible for satisfying yourself that:

  1. a Talent has the qualifications, training, experience, and meets any other requirements necessary for your purposes; and
  2. a Talent meets any suitability, security, trade, professional, or occupational health and safety requirements imposed by law in order to work in the placement contained in your Job Posting.

 

8. WARRANTIES

By listing yourself as an Employer on the Platform and/or posting a Job Posting, you represent and warrant that:

  1. you are able to fulfil the requirements specified in the Job Posting;
  2. any Job Posting you post and any agreements you enter into with a Talent are in compliance with all applicable laws; and
  3. if applicable, that your workplace is in compliance with Work Health and Safety laws and all other applicable laws.

 

PART 3: TALENT

 

1. YOUR PROFILE AND JOB POSTINGS

You acknowledge and agree that:

  1. you must use your best endeavours to provide as much information as possible when completing our guided onboarding questionnaire, which will determine which Job Postings we will make available to you;
  2. once we send you a Job Posting, you will have 48 hours to apply for a position contained in such a Job Posting by responding to the questions posed by the relevant Employer;
  3. Next Mile provides no guarantees that any job position advertised in any of the Job Postings will be vacant at the time you apply for such positions;
  4. Next Mile will not be liable to you if an Employer fills a job position advertised in a Job Posting prior to removing the Job Posting from the Platform;
  5. you may not be shown all Job Postings contained on the Platform but rather a selection of the most relevant Job Postings based on your responses to our questionnaire and the information contained in your Account;
  6. while all Users of the Platform have to comply with clause 14 of Part 1 (Confidentiality), Next Mile does not guarantee that your response to a Job Posting, or other Posted Material, such a video, will be kept confidential by other Users or if you designate any Posted Material as ‘public’ via the Platform’s functionality; and
  7. any terms and conditions or other agreements that arise out of you responding to a Job Posting are solely between you and the Employer and do not involve Next Mile in any way, except that they must not be inconsistent with your obligations under this agreement.

 

2. PROFILE SERVICES

  1. In addition to allowing you to respond to Job Postings, the Platform will offer a range of services relating to the information in your Account, including but not limited to:
    1. allowing you to download all or part of your profile in a variety of forms, such as CV, summary view or networking view; and
    2. analytics services that present data on how Employers have engaged with your profile or on your relative position in the market,

      (collectively referred to as Profile Services).
  2. Next Mile provides no promises or guarantees that any Profile Service will enable you to secure a job or otherwise bring you financial gain.
  3. All information provided to you as part of the Profile Services (Reports) is based on the information that you provided to us and is of general nature only.
  4. Next Mile is not a financial adviser, lawyer or taxation agent and nothing in the Reports is intended to be professional advice and should not be relied on as such. You should obtain specific financial, legal or other professional advice before relying on the content of any Report. By not seeking such advice, you accept the risk that the information in a Report may not meet the specific needs of your business.

 

3. FEES

  1. Viewing the Platform and responding to Job Postings is free.
  2. To obtain access to the Profile Services you must either:
    1. pay the relevant fee as set out on the Platform; or
    2. provide Next Mile with services in a form agreed by both parties in writing.
  3. (Online payment partner) Next Mile processes payments through the Platform using Stripe and PayPal (Online Payment Partners). In addition to this agreement, your purchase of any services via the Platform will be subject to the terms and the privacy policy of the Online Payment Partner, available on the Online Payment Partners’ website.
  4. You agree to release Next Mile and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partners, including any issue with security or performance of the Online Payment Partners’ platform or any error or mistake in processing your payment.

 

4. EMPLOYERS AND THIRD PARTY BUSINESSES

You acknowledge and agree that:

  1. the Platform provides links and introductions to Employers owned and operated by third parties that are not under the control of Next Mile;
  2. the provision by Next Mile of introductions to Employers does not imply any endorsement or recommendation by Next Mile of any Employer;
  3. Next Mile does not examine, determine or warrant the certification and/or licensing, competence, solvency or other information of any Employer who uses or is listed on the Platform; and
  4. any terms and conditions relating to a service, Job Posting provided via the Platform constitute a contract between you and the Employer and do not involve Next Mile in any way.

 

5. COMMUNICATION OUTSIDE THE PLATFORM

  1. You must not communicate with an Employer, or request or entice an Employer to communicate with you, outside the Platform until you have been notified by the Platform that you have been shortlisted in relation to a Job Posting.
  2. If an Employer attempts to contact you prior to us notifying you that you have been shortlisted in relation to a Job Posting, whether on or outside the Platform, you must immediately contact us providing the details of such communication. Any information you provide to us in such circumstances will be kept confidential.
  3. You agree to ensure that your Account does not display any of your personal contact information at any time such that it can be viewed by any other User. You agree to not give your contact details to any other User.
  4. Next Mile, in its absolute discretion, may cancel your Account and suspend you from using the Platform, if it finds or suspects that you have breached or are in breach of this clause 5.

 

6. INSURANCE OBLIGATIONS FOR CONTRACTORS

If you are responding to a Job Posting as a contractor, you warrant that you hold:

  1. public liability and professional indemnity insurance with a reputable insurer that covers all risks that a reasonable person providing the services you would be contracting to provide would be likely to insure against;
  2. any other insurances with a reputable insurer that covers all risks that a reasonable person providing the services you would be contracting to provide would be likely to insure against; and
  3. any insurances required under any Law.