Legal
Terms & Conditions
1. About the Website and Platform
(a) Welcome to NextPlay. These terms cover the NextPlay website at nextplay.ai (Website) and the NextPlay Hiring Portal (Portal), collectively referred to as the Platform. The Website is an information page for the NextPlay services. The Portal is a web-based application through which clients can review candidates, provide feedback and collaborate with NextPlay on hiring engagements.
(b) The Platform is operated by NextPlay Ventures Pty Ltd (ACN 674 228 712). Access to and use of the Platform, or any of its associated products or services (Services), is provided by NextPlay Ventures Pty Ltd. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, or by accessing or using the Portal, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Platform, or any of the Services, immediately.
(c) NextPlay Ventures Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When NextPlay Ventures Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
(d) You agree that NextPlay Ventures Pty Ltd may, in its sole discretion and without prior notice, modify, discontinue, or restrict the use of any portion of the Platform or Services, including the availability of any features, database, or content. NextPlay Ventures Pty Ltd shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Platform or Services.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website or by accessing or using the Portal. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by NextPlay Ventures Pty Ltd in the user interface.
3. Portal Access and Accounts
(a) Access to the Portal is provided at the invitation of NextPlay Ventures Pty Ltd in connection with an active recruitment engagement. You do not have an automatic right to access the Portal.
(b) To access the Portal, you will be required to provide a valid email address. Authentication is handled via a magic link sent to your registered email address. No password is created or stored. You are responsible for maintaining the security of the email account associated with your Portal access.
(c) You may optionally provide additional profile information, including your name and a profile photo. Any profile information you provide will be visible to other authorised users within your organisation's Portal workspace.
(d) You must not share your magic link or provide access to the Portal to any person not authorised by NextPlay Ventures Pty Ltd. Each magic link is intended for use by the individual to whom it is issued.
(e) You agree to provide accurate and current information when using the Portal. You must promptly notify NextPlay Ventures Pty Ltd if you become aware of any unauthorised use of your account or any other breach of security.
(f) NextPlay Ventures Pty Ltd reserves the right to suspend or terminate your access to the Portal at any time, with or without notice, for any reason, including but not limited to a breach of these Terms or the conclusion of a recruitment engagement.
4. Candidate Information and Feedback
(a) The Portal may contain candidate profiles, documents, assessments and other candidate-related information (Candidate Materials) provided by NextPlay Ventures Pty Ltd in connection with a recruitment engagement. Candidate Materials are provided to you on a confidential basis and solely for the purpose of evaluating candidates for the relevant role.
(b) You must not, without the prior written permission of NextPlay Ventures Pty Ltd:
(i) copy, download, distribute or share Candidate Materials with any person outside of your authorised Portal workspace;
(ii) use Candidate Materials for any purpose other than evaluating candidates for the role to which they relate;
(iii) contact candidates directly using information obtained through the Portal, unless expressly authorised by NextPlay Ventures Pty Ltd; or
(iv) retain Candidate Materials after the conclusion of the relevant recruitment engagement.
(c) You may provide feedback, comments and assessments on candidates through the Portal (Feedback). You acknowledge that Feedback you submit may be visible to other authorised users within your organisation's Portal workspace and to NextPlay Ventures Pty Ltd.
(d) You are solely responsible for the content of any Feedback you provide. Feedback must not contain any content that is defamatory, discriminatory, harassing or otherwise unlawful. You must ensure that all Feedback complies with applicable anti-discrimination legislation, including the Anti-Discrimination Act 1991 (Qld) and the Australian Human Rights Commission Act 1986 (Cth).
(e) NextPlay Ventures Pty Ltd retains a non-exclusive, royalty-free, perpetual licence to use, store and analyse Feedback for the purposes of providing and improving the Services, including internal research and product development.
(f) NextPlay Ventures Pty Ltd makes no warranty or representation regarding the accuracy, completeness or currency of Candidate Materials. You acknowledge that hiring decisions are made at your own discretion and risk.
5. Acceptable Use
(a) In addition to the other obligations in these Terms, you agree that in using the Platform you will not:
(i) use the Portal for any purpose other than evaluating candidates in connection with an active recruitment engagement with NextPlay Ventures Pty Ltd;
(ii) attempt to gain unauthorised access to any part of the Platform, other user accounts, or any systems or networks connected to the Platform;
(iii) use automated scripts, bots or other means to access, scrape or extract data from the Platform;
(iv) upload, transmit or introduce any viruses, malware or other harmful code;
(v) interfere with or disrupt the integrity or performance of the Platform;
(vi) use the Platform in any manner that could damage, disable, overburden or impair the Platform; or
(vii) use the Platform in violation of any applicable law or regulation.
(b) NextPlay Ventures Pty Ltd reserves the right to investigate and take appropriate action, including suspension or termination of access, against any user who violates this clause.
6. Copyright and Intellectual Property
(a) The Platform, the Services and all of the related products of NextPlay Ventures Pty Ltd are subject to copyright. The material on the Platform is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Platform (including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by NextPlay Ventures Pty Ltd or its contributors.
(b) All trademarks, service marks and trade names are owned, registered and/or licensed by NextPlay Ventures Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable licence whilst you are a user of the Platform to:
(i) use the Platform pursuant to the Terms;
(ii) copy and store the Platform and the material contained in the Platform in your device's cache memory; and
(iii) print pages from the Platform for your own personal and non-commercial use.
NextPlay Ventures Pty Ltd does not grant you any other rights whatsoever in relation to the Platform or the Services. All other rights are expressly reserved by NextPlay Ventures Pty Ltd.
(c) NextPlay Ventures Pty Ltd retains all rights, title and interest in and to the Platform and all related Services, including but not limited to the Portal, its software, algorithms, user interface, data structures and all associated intellectual property. Nothing you do on or in relation to the Platform will transfer any:
(i) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(ii) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).
(d) You may not, without the prior written permission of NextPlay Ventures Pty Ltd 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 Platform which are freely available for re-use or are in the public domain.
(e) You acknowledge and agree that all content and materials available on the Platform are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorised by NextPlay Ventures Pty Ltd, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.
(f) You agree to indemnify and hold harmless NextPlay Ventures Pty Ltd from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party.
7. Privacy
NextPlay Ventures Pty Ltd takes your privacy seriously and any information provided through your use of the Platform and/or Services is subject to NextPlay Ventures Pty Ltd's Privacy Policy, which is available on the Website.
8. Data and Security
(a) NextPlay Ventures Pty Ltd will take reasonable steps to protect the personal information it collects and holds through the Portal in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
(b) You acknowledge that no method of electronic transmission or storage is completely secure. While NextPlay Ventures Pty Ltd uses commercially reasonable measures to protect your information, it cannot guarantee absolute security.
(c) You are responsible for maintaining the confidentiality and security of your email account used to access the Portal. NextPlay Ventures Pty Ltd is not liable for any loss or damage arising from your failure to maintain the security of your email account.
(d) NextPlay Ventures Pty Ltd may collect and use data relating to your use of the Portal, including usage analytics, for the purposes of improving the Services. Such data will be handled in accordance with the Privacy Policy.
9. General Disclaimer
(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(b) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(ii) NextPlay Ventures Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(c) Use of the Platform and the Services is at your own risk. Everything on the Platform and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of NextPlay Ventures Pty Ltd make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of NextPlay Ventures Pty Ltd) referred to on the Platform. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) 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;
(ii) the accuracy, suitability or currency of any information on the Platform, the Services, or any of its Services related products (including third party material and advertisements on the Platform);
(iii) costs incurred as a result of you using the Platform, the Services or any of the products of NextPlay Ventures Pty Ltd; and
(iv) the Services or operation in respect to links which are provided for your convenience.
10. Limitation of Liability
(a) NextPlay Ventures Pty Ltd's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
(b) You expressly understand and agree that NextPlay Ventures Pty Ltd, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
11. Competitors
If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of NextPlay Ventures Pty Ltd. Competitors are not permitted to use or access any information or content on the Platform. If you breach this provision, NextPlay Ventures Pty Ltd will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
12. Indemnity
You agree to indemnify NextPlay Ventures Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content or Feedback;
(b) any direct or indirect consequences of you accessing, using or transacting on the Platform or attempts to do so; and/or
(c) any breach of the Terms.
13. Dispute Resolution
13.1. Compulsory
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
13.2. Notice
A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
13.3. Resolution
On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:
(a) Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Australian Mediation Association;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Brisbane, Queensland, Australia.
13.4. Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
13.5. Termination of Mediation
If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
14. Venue and Jurisdiction
The Services offered by NextPlay Ventures Pty Ltd are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Platform, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
15. Governing Law
The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
16. Severance
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.