Legal


Legal
[last updated March 2016]

This website is made available by iCompLii Ltd ABN 44 601 529 453.

Any reference to iCompLii, MiningLink, CivilLink, ConstructionLink, we or us refers to that company, the directors, officers, successors, assigns, employees, contractors, agents and legal representatives, as applicable.

By using this iCompLii website you are agreeing to be automatically bound by our terms and conditions. If you do not agree with our terms and conditions, please stop using this website.

iCompLii terms and conditions cover the following categories that may be relevant to you:
  • Privacy
    for the management of personal information that we collect
  • Terms of Use
    the basics for using our website
  • Disclaimer
    because we can’t be responsible for everything
  • For Individuals
    for all workers and contractors
  • For Business
    for use of our proprietary SaaS platform
  • Advertising
    for paid sponsorship and advertising on our website
These terms and conditions form the entire agreement between you and iCompLii in respect of your use of this website and services.

Changes to our Terms
We may update any of our terms from time to time and the new provisions will apply from the date they are updated. Please check back periodically.

Feedback, comments or complaints
If you have any questions, please contact us or call us on 07 5492 4407 and we will respond to all privacy related enquiries within 30 days.

How to contact us
You can contact us at:
icomplii@mininglink.com.au
07 5492 4407
PO Box 126 | Caloundra | QLD 4551

Advertising
[last updated March 2016]

See Legal for other applicable terms.
We will provide advertising services to you pursuant to these terms and conditions. Please read through these terms carefully and let us know if you have any questions before booking advertising with us. By booking advertising with us or checking the ‘I agree’ box, you are agreeing to be bound by these terms.

iCompLii makes the following websites and their associated social media pages available for advertising:
  • MiningLink.com.au
  • CiviLlink.com.au
  • TheConstructionLink.com.au
collectively, ‘the iCompLii sites’.

Any reference to ‘you’, ‘your’ or ‘the Advertiser’ means the person or entity booking advertising with us.

How it works
  1. You choose the options you want to apply to your advertising program via our booking form.
  2. You make a campaign selection.
  3. You supply to us all relevant material for use in promoting the business being advertised. Please note that iCompLii will not be held responsible for delays in creating and publishing advertising when requested material is not received by iCompLii.
  4. We create a description based on the material supplied, and determine which keywords and categories may be used to describe or categorise a business listing for all purposes relating to the MiningLink Directory.
  5. In our sole discretion, iCompLii may remove, revise or refuse to publish your advertising material at any time.
  6. We reserve the right to:
  • include or exclude any business in the iCompLii sites,
  • remove a business listing from the iCompLii sites,
  • determine the time and frequency of promotions via social media.
Applicable terms and conditions
  1. This agreement supersedes any terms and conditions previously issued, whether it be in writing, verbally or on the iCompLii sites.
  2. The published terms and conditions in operation at the time you booked services will apply to you. We may update or modifications these terms and conditions at any time. Any changes to these terms and conditions will be effective as soon as they have been published on the iComplii sites.

Length of agreement
  1. All advertising is booked for a minimum period of six months from the start date of this agreement.
  2. This agreement starts on the date your booking is confirmed in our system, whether or not payment has been received.
  3. The advertising agreement will continue for a minimum of six months or the longer period set out in Contract Inclusions, unless agreed to in writing by both parties.

Intellectual property – trade mark, copyright etc
  1. iCompLii sites users and advertisers are permitted to download material for private purposes only and not to use any of the content of the iCompLii sites in any other way or for any other purpose.
  2. You acknowledge that maps included on or linked to the iCompLii sites are the copyright of Google, the map provider.
  3. You warrant that you have all necessary copyright and other permissions to use and display online the content you provide to us, and that such content does not infringe upon the intellectual property rights of any other person.
  4. You agree to indemnify us from any liability (including legal fees and costs) threatened or actual, arising from the use of information and content provided by you.
  5. You are responsible for managing any intellectual property complaint made in regard to any of the content or operation of your website.
  6. We reserve the right not to publish content unless you are able to provide adequate proof of permission to use that material.
  7. We have all necessary rights to use the software and any other materials used to provide the services to you. We agree to indemnify you from any liability (including legal fees and costs), threatened or actual, arising from the use of any materials created by us and used in provision of the services to you.
  8. You agree that all intellectual property rights in our proprietary software, any design, code or document created or discoveries made in the course of providing the services or used to provide the services to you, vest in us upon creation. We grant you a perpetual, worldwide right to use that intellectual property only for the presentation and functioning of your website. You do not have any right to use open source software or our intellectual property for any other purpose.

Payments
  1. You agree to pay the cost of advertising services set out in this agreement and agree to the direct debit terms provided to you when setting up your account.
  2. If unpaid fees remain outstanding after attempts by us to rectify the arrears, we may forward the debt to a collection agency to take further action.

Suspension, cancellation and refunds
  1. Advertising may be suspended by iCompLii at any time for failure to maintain payments when due.
  2. You may suspend your advertising for a period of up to three successive months in any one period of six months. All advertising must have been completed within 12 months of the start date for advertising.
  3. You may elect to cancel your advertising at any time. Cancellation before the end of your agreement will attract an administration fee equal to the lesser of $495 or the balance of your service fee due under the term of your contract.
  4. Once we have received your material, fees are not refundable simply because you have changed your mind. If you do change your mind, you will pay us an administration fee equal to the lesser of $495 or the balance of your service fee due under the term of your contract.

Limitation of liability and indemnity
  1. We make no guarantees about any improvement you may gain as a result of our services, nor any increase in business that may be generated for you through our services.
  2. You agree that the total aggregate liability to us for any claim by you in respect of any service of services provided to you is limited to your monthly service fee.
  3. To the fullest extent permissible by law, and without limiting the application of Australian Consumer Law, in the event of any fault in the advertising services, our liability will be limited at our choice to:
  • the supplying of the services again;
  • the repair of any fault in the services caused by us;
  • a credit for the faulty services supplied;
  1. This limitation of liability applies to the fullest extent permitted by law, and survives any termination or expiration of this agreement, or your use of our services.
  2. You indemnify us against any claims, actions, loss or damage (including legal costs) arising directly or indirectly from any:
  • publication or non-publication of your listing or advertiser material
  • errors and omissions in content;
  • unauthorised use of copyright works or other intellectual property in content provided by you;
  • failure of third party software or platforms; or
  • loss of data.
For Business
[last updated March 2016]

See Legal for other applicable terms.

We will provide business member services to you pursuant to these terms and conditions. Please read through these terms carefully and let us know if you have any questions before becoming a business member. By subscribing for our business member services or checking the ‘I agree’ box, you are agreeing to be bound by all of our terms and conditions.

Please see our Schedule of business services for current prices.

iCompLii membership
  1. To use our business services you must become a business member of iCompLii. Once you are a business member, you have access the the services described below, at the prices set out in our Schedule.
  2. As a business member, you can allocate employees in administrative roles to manage your team through iCompLii. Monthly fees are payable for in proportion to the number of current employees you have in your business, other than employees who are administrators. on your business account.
  3. The number of administrators that can be appointed on each business member account may be capped by iCompLii at the discretion of iCompLii. As a general rule, it is expected that there will be no more than 10% of employees nominated as administrators in a business member account. That number is calculated in proportion to the number of employees listed in the business member account.
  4. A business member can nominate an employee as a ‘Super Administrator’. A super administrator has the ability to nominate or remove administrator access from other employees.
  5. Administrators have expanded access and additional liabilities. Any person allocated the role of ‘administrator’ within their organisation will receive a notice of extra responsibilities. A person who does not agree to take on those additional responsibilities cannot be nominated as an administrator.
  6. Business members are responsible for the conduct of any person they nominate as a super administrator or an administrator on their account.

Notice of Extra Responsibility of Administrators
As an iCompLii administrator or super administrator for your organisation, you have extra responsibility:
  • to protect the integrity of the information you upload to the system
  • to protect the confidentiality of confidential information in the system
  • to ensure that other employees in the business understand the private and confidential nature of the information accessible through iCompLii
  • to protect personal information uploaded by yourself or employees of your organisation to the system
  • not to use the information you have access to for any purpose other than in the usual course of business, and your management of your organisation’s iCompLii business membership
  • not to use the information you have access to for any prohibited or illegal purpose, or in contravention of any law
  • not to do or fail to take any action in respect of the information you have access to that would place iCompLii in breach of any law, or subject to legal action by any other person
  • not to download, print or share information about any employee of the business or other person other than what is strictly required for the usual operation of the business
iCompLii reserves the right to take action against you personally and or your employer if it is demonstrated that confidential information has been misused by you or your business in any way. This may include but is not limited to:
  • terminating your access to iCompLii
  • terminating your organisation’s business membership with iCompLii
  • taking such legal action as is necessary to protect the interests of iCompLii and to fulfil any of its legal obligations
***IMPORTANT: If you are not prepared to agree to these additional terms, please notify your employer that you are unable to be nominated as an iCompLii administrator.

  1. iCompLii reserves the right to take action against the business and or an employee who has been nominated as administrator if it is demonstrated that confidential information has been misused by the business or an employee of the business in any way. This may include but is not limited to:
  • terminating business member access to iCompLii
  • restricting business member access to one or more iCompLii services
  • terminating or limiting an administrator’s access to iCompLii services
  • taking such legal action as is necessary to protect the interests of iCompLii and to fulfil any of its legal obligations
Minimum commitment for business members
  1. There is a minimum six month commitment for business membership.

Compliance Options
  1. The business member compliance option provides your business with the ability to monitor the currency and validity of:
  • contact information
  • identification
  • licences
  • Certificates and qualifications
  • skills
  • inductions
  1. The volume of employee information you have access to, the reports you are able to generate and the alerts that will be generated by the system are dependant upon your subscription level. To maintain access to all employee data choose the ‘Ultimate’ compliance option.
  2. What is included:
  • Standard - access to all employee work data, no alerts
  • Premium - access to all employee work data, alerts on 4 compliance items per person
  • Premium Plus - access to all employee work data, alerts on 10 compliance items per person
  • Ultimate - access to all employee work data, unlimited alerts on compliance items
  • Subbies - access to subcontractor work data and alerts at the same level as subscribed by the subcontractor
If a business member requires access to a higher level of alerts for subcontractors, the subcontractor will need to subscribe at a higher level.

What is not included
  1. iCompLii is constantly developing new benefits and services for our members. Let us know what is on your ‘wish list’ and if there are others with the same idea and a real demand, we will let you know if we start to develop that idea.

Advertising - see our Advertising terms

Recruitment
  1. As at the date of publication of these terms and conditions, candidate searching is completed by submitting a request to iCompLii at recruitment@iCompLii.com.au. In the future, businesses will be able to complete searches themselves through the online system.
  2. Business members are able to search our database of individual members for qualified candidates, provided that those candidates have nominated themselves as available for Job Offers. All individual members who are attached to a business member account will automatically be unavailable, unless the individual has changed their account preferences.
  3. Individual members are asked to nominate prefered regions, roles and types of work. Business members can narrow search results by:
  • role title
  • current certificates and qualifications
  • skills
  • inductions
  • location
  • willingness to relocate, travel, FIFO, DIDO
  • willingness for shift work or rotating roster
  1. Search results will produce a list of possible candidates that meet or most closely meet business member requirements based upon iCompLii verified data. Business members then have the option to reject or accept and shortlist candidates. Fees apply for shortlisting.
  2. Once shortlisted, business members can see candidate contact details and approach candidates directly. Business members can rate shortlisted candidates after accessing their information to assist in narrowing down candidates suitable for the role.
  3. Individual members have the ability to ask to be connected to a business. Each business can accept or refuse that request. If a business member accepts a request from an individual to connect with the business, the business will be able to see that individual’s iCompLii details.

Recruitment - Prepaid
  1. Business members can prepay the ability to shortlist candidates. Fees apply per role. Bulk bookings attract discounts. Please see our Schedule of business services for current prices.

Recruitment - Post-Paid
  1. Business members who shortlist candidates without prepaid access will be invoiced at a higher rate. Accounts will be debited at the end of the month for all recruitment recorded during that month. As the volume of roles recruited in a month increases, post paid fees may decrease. Please see our Schedule of business services for current prices.

Concierge Services
  1. We understand that learning a new system and completing the data entry necessary to make it useful can be a challenge. iCompLii have developed a concierge service to work with your employees to help set up their individual accounts, and link them to you.
  2. A fee per person is payable for fast track concierge services. Contact us to get a quote.

Anti-poaching
  1. Your employees are linked to your business member account. As long as they remain linked to your account, their profile options will automatically be set on “I am not available for Job Offers”. This means that your employee details will not be included in any recruitment search results. Your employee will need to login to their account and manually change that setting when they want to be considered for other roles.
  2. Whether or not a person has nominated themselves as available to job offers is information that is kept within the individual account owners private administration area and is not accessible to business administrators. If a person ticks the option that says they are available, their details may show up in search results that meet their preferences and availability.
  3. We do not restrict the accounts of subcontractors, even if they are linked with your business. If you are using subcontractors, their details will show up in search results unless they login to their account and tick the box next to “I am not available for Job Offers”.

Recruiters
  1. Recruitment firms can apply for a branded iCompLii sign-up page. Fees apply. Please submit a request to iCompLii at recruitment@iCompLii.com.au.
  2. Recruiters should be aware that individual members can opt-out of being contacted by recruitment firms through iCompLii. If an individual member opts out of hearing from recruitment firms, that member’s details will not appear in search results for searches conducted by a recruitment firm.
  3. Recruitment firms will only have access to individual account details if they have a business member account and pay at least standard compliance rates for each person linked their business.


For Individuals
[last updated March 2016]

See Legal for other applicable terms.

We will provide individual member services to you pursuant to these terms and conditions. Please read through these terms carefully and let us know if you have any questions before becoming a member. By subscribing for our member services or checking the ‘I agree’ box, you are agreeing to be bound by all of our terms and conditions.

Standard accounts for individual members are free. Premium services attract fees. Premium services are optional and not required to use your iCompLii account.

iCompLii membership
  1. Individuals can use iCompLii to store all essential work information, as well as having identification, certificates and skills independently verified. Your key information includes:
  • contact information
  • identification
  • licences
  • certificates and qualifications
  • skills
  • inductions
  1. When you open an account you will be asked to nominate a telephone number and be sent a code to verify that telephone number before being able to complete your account details. Only one account can be associated with a phone number.
  2. If you need help setting up your account, please contact us at info@iCompLii.com.au, or attend one of our office locations to get help. We have a concierge service to help you get started.You will need to have copies or photos of your original identification documents, licences and certificates. Otherwise you can bring the originals to one of our office locations and we will scan them in.
  3. If you are interested in current opportunity and want help to get your account uploaded quickly, you can pay a premium to get it set up sooner.
  4. You are responsible for all information uploaded to your account


Limitation of Liability and Disclaimer
[Last updated March 2016]

Disclaimer
iCompLii is a service provider, providing access to the services available on and through its websites. iCompLii exercises due care and skill in providing website access and content to you, including permitting users to contribute content to personal and business profiles.

iCompLii does not exercise control over user contributed content. All contributors are responsible for the information they submit and display via the public areas of this website.

For verification of data, please see our terms and conditions applicable: No Representations or Warranties
Publically available website content is provided "as is" without any express or implied representations or warranties as to fitness for a particular purpose.

Businesses listed on our ‘Recommended Services’ pages have paid for that advertising space. We make no representations or warranties about the quality of services provided by those advertisers.

For content within subscriber only areas, please refer to the terms and conditions applicable to: Like any written materials, the information provided on this website may become outdated over time. iCompLii does not assume any obligation to correct or update any content or information on this website.

iCompLii may make improvements and/or changes in content about the products, services or information described on this website at any time without notice, and reserves the right to alter or delete content and information from this website at any time.

You are Responsible for Your Reliance upon Website Content

You are responsible for your use of this website and the use of services made available through this website. You are responsible for any results you obtain from using the information on this website.

We will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of this website in any way, subject to the requirements of Australian Consumer Law.

Our Liability is Limited
Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to the provision of those services again, or to a refund equal to the total amount paid by you in the immediately preceding six months for the particular services that are the subject of the cause of action, even if those services were provided to you without cost.

This limitation of liability applies to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement, or your use of this website or the services found on this website.