1. The Application
1.1 Australian National Talent Registry (ANTR) operated by Shortlyster Pty Ltd ABN 24 612 636 030 (‘the Provider’ or ‘Shortlyster’). The Application is available to job seeking candidates (‘Candidates’) and recruiters or hiring individuals or companies (‘Recruiters’) who have registered for an account. The Application enables efficient communication and exchange of information between Candidates, Recruiters (each referred to as a ‘User’ or ‘you’) and Shortlyster to assist Recruiters to find the best fit candidates for their open positions and to help connect Candidates with potential job opportunities.
2. Access to and Use of Services
2.1.The Services in context of these terms and conditions (the ‘Terms’) mean the service of providing a platform that enables automated matching of Candidates to job requirements and specifications as stipulated by Recruiters, based on specific parameters and information provided by Candidates.
2.2.Please make sure you carefully read the Terms. You acknowledge that by browsing and/or reading the content of the Application you confirm that you have read, understood and agree to the Terms.
2.3.If you do not agree and wish not to be bound by the Terms, please cease usage of the Application immediately.
2.4.Shortlyster reserves the right to review and amend any of the Terms at its sole discretion, such amendments being effective immediately upon publication. Should such amendment to the Terms occur, Shortlyster will use reasonable endeavours to notify you of such amendment. A copy of the Terms should be kept by the User for its records.
3. Registered Use Obligations
3.1In order to enable you to access the Services, the User is required to complete registration for an account through the Application (the ‘Account’). Further details about the process for registration in relation to a Candidate or a Recruiter is set out in sections 4.1 and 4.2 below.
3.2.In the process of registering for an account, you will be required to provide your personal or business information as prompted. You warrant that any such information provided to Shortlyster is true and correct at the date of completion and you shall update any changes in such information in a reasonable time.
3.4.Upon completion of the registration process, you will become a registered user of the application (‘Registered User’) being bound by the Terms.
3.5.You must not use the Services and must not accept the Terms if:
You are under the age of 18 (of if you are under 18, you have the consent of your parent of guardian); or
You are for any reason whatsoever excluded of prohibited to receive the Services under the laws or Australia or any other country including your country of residence or from which you use the Services
4. How it works
(a)In order to make an online application for a job position on the Application, you are first required create an Account. Registering for an Account requires a Candidate to complete mandatory fields (for example first name, last name, and contact details). You may also create a more detailed profile by providing the information as prompted (‘Profile’). In order to apply for a job position you must provide your salary expectations, type of work preferences (part time, full time, casual etc.), address and other sensitive information as prompted. Other information you may wish to include includes (but is not limited to):
Your work history and skills used in the job;
Qualifications you have acquired; and
Personal preferences relating to work.
(b)You may edit or update your Profile at any time.
(c)When you apply for a specific position on the Application, your application is made available directly to the relevant Recruiter. By applying for a position through the Application, you are asking Shortlyster to pass your online profile to the relevant Recruiter. Any questions you have relating to your online application and/or the status of your application should be directed directly to the relevant Recruiter, not Shortlyster.
(d)You acknowledge and agree that Shortlyster will also retain your Profile to further match you with potential positions that match your requirements by becoming part of the Shortlyster Talent Pool. You have the ability to turn this feature on or off. As a Shortlyster Talent Pool candidate you will be matched to current and future positions anonymously if you match in the top 10 candidates for a position. In such circumstances, Recruiters may choose to contact and connect with you anonymously through the Application and you have the choice to accept or decline the invitation to connect and apply for that position. If you choose to accept the invitation, you acknowledge and agree that Shortlyster may release your Profile including your name and other personal contact information to that Recruiter who can then contact you to discuss the role further. If you choose to decline the invitation, then you will be removed as a Shortlyster Talent Pool Candidate for that particular role and the Recruiter will not be able to view your profile which contains your contact information.
(e)You may delete your Shortlyster profile at any time by contacting Shortlyster directly at firstname.lastname@example.org.
(f)If you have difficulties or questions relating to this process or updating your profile, please contact email@example.com.
(a)In order to create and post an online listing for a job position on the Application, a recruiter is first required create an Account. Registering for an Account requires a Recruiter to complete mandatory fields (for example first name, last name, contact details, employer name) and to provide credit card details. In order to post an online job application, the minimum information required includes:
Job description; and
Relevant work areas of the vacant role (“together, the General Job Details”)
(b)After completing the General Job Details the Recruiter can “open” the job listing for matching. “Opening” the job listing provides the recruiter a unique URL for that job enabling the recruiter to post it to job boards, social media, company websites or share with people electronically. After completing the General Job Details, Recruiters are able to start looking at Shortlyster Pool Candidates and contact and connect with such candidates anonymously through the Application.
(c)Recruiters are also able to connect directly with candidates who have applied for the relevant job through the Application or in circumstances where a Shortlyster Pool Candidate has accepted the opportunity to connect and authorised the Provider to provide their details.
(d)A Recruiter may edit the General Job Details or add any further information to the job posting at any time.
(e)A Recruiter may at any time close a job after which the job will not accept any further applications from Candidates.
(f)A Recruiter may save a job in “Draft” and keep the job there until they are ready to be posted and accept candidates for review.
(g)A Recruiter can close its profile at any time by contacting Shortlyster directly at
5. Registered User Obligations - Candidates and Recruiters
5.1 By becoming a Registered User you agree:
(a)not share your profile with any other person;
(b)to use the Services only for purposes that are permitted under the Terms and any applicable law in the relevant jurisdiction;
(c)to protect the confidentiality of your password and/or email address;
(d)to ensure that no third party uses your registration information as it is strictly prohibited and are required to notify Shortlyster of any such breach occurred immediately;
(e)not to in any way or form and at any time impersonate another Registered User or use its registration and security information;
(f)to ensure that any content attributable to you in any way on the Application (‘User Content’) is at all times accurate, correct and up to date;
(g)that you have all necessary intellectual property rights to use User Content and shall indemnify the Provider for any infringement by you of third-party intellectual property rights by using User Content on the Application;
(h)not to harass, impersonate, stalk, threaten another Registered User of the Application;
(i)not to use the Services or the Application in connection with any commercial endeavours;
(j)not to use the Services or Application for any illegal and/or unauthorised use of any kind which including but not limited to collecting email addresses of Registered Users by any means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Application;
(k)ensure at all times that you comply with all applicable laws relating to the collection and handling of personal information in accordance with (without limitation) the Privacy Act 1988;
(l)that any commercial advertisements, affiliate links and any other forms of solicitation may be removed from Registered User profiles without prior notice and result in termination of the Services with appropriate legal action taken by Shortlyster for any illegal or unauthorised use of the Application; and
(m)that any automated use of the Application or its Services is prohibited.
5.2.By becoming a Registered User you acknowledge and accept that the Provider:
(a)accepts no responsibility for the conduct of any Registered User;
(b)accepts no responsibility for any interaction between Registered Users, whether that interaction occurs via the Application or otherwise (including personal communications outside of the Application);
(c)makes no warranty or representation as to the accuracy of any information provided by any Registered User.
(d)makes no warranty as to the character or credentials of any Registered User; and
(e)to the extent permitted by law, is under no circumstances liable in any way for User Content.
6. Terms of Sale
6.1.Candidates are not required to pay to access the Services. If a Recruiter buys any of our paid Services (“Paid Services”), you agree to pay us the applicable fees and taxes specific to the Paid Services. Failure to pay these fees will result in the termination of your Paid Services.
6.2.If you purchase a subscription, you will be charged for the full subscription period even if you cancel before the renewal date. Billing occurs on a monthly basis in arrears for the fees and taxes applicable to that monthly period. To avoid future charges, cancel before the renewal date.
6.3.You can get a copy of your invoice by contacting Shortlyster directly at firstname.lastname@example.org
7. Copyright and Intellectual Property
7.1.The Application, the Services and all of the related products of Shortlyster are without limitation subject to copyright and protected by copyright under the laws of Australia and any relevant international treaties. All rights are reserved by Shortlyster.
7.2.All trademarks, service marks and trade names are owned, registered and/or licensed by Shortlyster.
7.3.Shortlyster grants you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Registered User to use the Application pursuant to Terms and use the Application and the material contained in it for your personal and non-commercial use. All other rights are expressly reserved by Shortlyster.
7.4.Shortlyster grants you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Registered User to use the Application pursuant to Terms and use the Application and the material contained in it for your personal and non-commercial use. All other rights are expressly reserved by Shortlyster.
7.5.Shortlyster retains all rights, title and interest in and to the Application and all related Services. Nothing you do on or in relation to the Application will transfer any:
business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or
a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
a thing, system or process that is the subject of a patent, registered design or copyright, to you.
7.5.You may not, without the prior written permission of Shortlyster and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Application which are freely available for re-use or are in the public domain.
7.6.Should you broadcast, publish, upload, transmit, post or distribute User Content on the Application, you grant to Shortlyster a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change User Content.
7.7.You agree that you will not directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in Application or any documentation associated with it.
8.Disclaimer, Limitation of Liability and Indemnity
8.1.The User acknowledges that the Provider is not responsible for the conduct or activities of any User and that the Company is not liable for such under any circumstances.
8.2.The User agrees to indemnify the Company for any loss, damage, cost or expense that the Provider may suffer or incur as a result of or in connection with the User’s use of or conduct in connection with the Application or Services, including any breach by the User of these Terms.
8.3.In no circumstances will the Provider be liable for any direct, incidental, consequential or indirect damages, damage to property, injury, illness, loss of property, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the User’s access to, or use of, or inability to use the Application whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the Provider knew or should have known of the possibility of such damage, injury, illness or business interruption of any type, whether in tort, contract or otherwise.
8.4.Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, the Provider and the Provider’s related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, the Provider’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the Provider’s option to:
The re-supply of services or payment of the cost of re-supply of services; or
The replacement or repair of goods or payment of the cost of replacement or repair.
8.5.The Shortlyster suite of psychometric assessments (‘Shortlyster Assessments’) has been developed by registered psychologists pursuant to relevant psychological theories and comparative assessments. You acknowledge that Shortlyster Assessments are in the process of being validated and that the results should be used in the context of other organisational or recruitment information including but not limited to, performance reviews, reference checks, job interviews, skills and qualifications, behavioural testing, and other job-related information about individual candidates. Under no circumstances should any decisions concerning an individual’s placement in an organisation or developmental plan be based solely on the results of a Shortlyster Assessment. None of the Shortlyster Assessments are designed to make claim on predictive validity and is not designed to tell you how well a person is likely to perform on a job.
8.6.You acknowledge that the completion and interpretation of Shortlyster Assessments is at your own risk. Shortlyster assumes no liability or responsibility for any loss, damage or injury, and you release and indemnify Shortlyster against any claim, action or demand due to any damage, loss or injury caused or contributed to by your use or completion of Shortlyster Assessments.
8.7.Use of the Application and the Services is at your own risk. Everything on the Application and to the extent permitted by law, the Service is provided to you “as is” and “as available”. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Shortlyster make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Shortlyster) referred to on the Application including but not limited to loss or damage you might suffer as a result of any of the following:
failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
the accuracy, suitability or currency of any information on the Application, the Services, or any of its Services related products (including third party material and advertisements on the Application);
costs incurred as a result of you using the Application, the Services or any of the products of Shortlyster; and
the Services or operation in respect to links which are provided for your convenience.
9.1.The User agrees and accepts that the Application is:
Hosted by the Provider and shall only be installed, accessed and maintained by the Provider, accessed using the internet or other connection to the Provider’s servers and is not available ‘locally’ from the User’s systems; and
Managed and supported exclusively by the Provider from the Company servers and that no ‘back-end’ access to the Application is available to the User unless expressly agreed in writing.
As a hosted and managed service, the Provider reserves the right to upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise alter the Application.
The Provider takes the security of the Application and the privacy of its Users very seriously. The User agrees that the User shall not do anything to prejudice the security or privacy of the Provider’s systems or the information on them.
The Provider shall do all things reasonable to ensure that the transmission of data occurs according to accepted industry standards. It is up to the User to ensure that any transmission standards meet the User’s operating and legal requirements.
The Provider stores data on servers based in Australia according to accepted industry standards. If the User requires its User Data to be stored in a different location, the Provider may charge the User a fee to do so.
The Provider shall perform backups of its entire systems in as reasonable manner at such times and intervals as is reasonable for its business purposes. The Provider does not warrant that it is able to backup or recover specific User Data.
11.Disclaimer of Third-Party Services & Information
11.1.The User acknowledges that the Application is dependent on third-party services, including but not limited to:
Banks, credit card providers and merchant gateway providers;
Email services; and
11.2.The User agrees that the Provider shall not be responsible or liable in any way for:
Interruptions to the availability of the Application or the Services due to third-party services; or
Information contained on any linked third-party website.
12.Exclusion of Competitors
12.1.If you or any other entities directly or indirectly affiliated with you in any way are in the business of providing Services similar to that of Shortlyster, then you are considered of being in competition with Shortlyster and therefore prohibited to use or access any information or content on the Application.
12.2.Should you use or access any information or content on the Application, you will be held fully responsible by Shortlyster for any loss sustained by Shortlyster as a result of your actions and held accountable for all profits and other benefits obtained by your as a result of this breach.
13.Termination of Contract
13.1.You may terminate this Terms by providing Shortlyster with seven (7) days written notice of your intention to terminate to our Customer Service department.
13.2.Shortlyster may at any time, terminate the Terms with you if:
you have breached any provision of the Terms or intend to breach any provision;
is required to do so by law;
Shortlyster decides to no longer provide the Services to Registered Users in your country of residence or country of use of the Service; or
the provision of the Services to you by Shortlyster is, in the opinion of Shortlyster, no longer commercially viable.
13.3.Subject to local applicable laws, Shortlyster reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Application or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Shortlyster’s name or reputation or violates the rights of those of another party.
13.4.Upon termination of the Terms, all of the legal rights, obligations and liabilities that you and Shortlyster have benefited from, been subject to or which are expressed to continue indefinitely, will remain unaffected by this termination, and the provisions of this clause will continue to apply to such rights, obligations and liabilities indefinitely.
14. Dispute Resolution
14.1.Should a dispute arise out of or in relation to the Terms, the parties agree not to immediately resort to Tribunal or Court proceedings in relation to the dispute, unless urgent action is required, and will attempt to resolve the dispute as provided for in this clause.
14.2.In case of a dispute, the party claiming it is required to provide the other party with a written notice (‘Dispute Notice’) outlining the nature of the dispute, the desired outcome and actions to be undertaken in order to reach settlement.
14.3.On receipt of the Dispute notice the parties must:
Use their best endeavours to try and resolve the dispute within seven (7) days of the receipt of the Dispute Notice and if no resolution can be reached, the parties agree to undergo a mediation;
The appointment of the mediator must be done by mutual agreement of the parties and should the parties be unable to reach such agreement the mediator is to be appointed by the president of The Queensland Law Society;
The direct costs of the mediation are to be equally borne by the parties;
The mediation is to be held in Brisbane, Queensland, Australia.
14.4.All information exchanged between the parties during and in connection with the dispute resolution process are confidential and all offers, and negotiations made during the dispute resolution process is to be treated as “without prejudice”.
14.5.Should the parties be unable to reach settlement and resolve the dispute within twenty-eight (28) days from receipt of the Dispute Notice despite using their best endeavours to do so, the parties will be deemed to have satisfied the dispute resolution process pursuant to this clause.
14.6.Nothing in this clause prevents a party from obtaining urgent interlocutory relief.
15.Governing Law and Jurisdiction
This Terms are governed by and construed in accordance with the law from time to time in force in Queensland, Australia and the parties submit to the non-exclusive jurisdiction of the Courts of Queensland.
16.Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in these Terms.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.