1.1
Capitalised terms in the Membership Code have the same meaning as capitalised
terms in the Membership Agreement.
2.1 Each Member must abide by the terms and conditions of this Membership Code when dealing with other Members, with Candidates or accessing the Skills Exchange.
3.1 Subject to the terms and conditions of the Membership Agreement and this Code, a Member may enter the details of any Candidate under its Control the Member reasonably believes will become available for Trade.
3.2 A Member must not Enter, Verify or Activate a Candidate not under its Control.
3.3 A Member must not activate a Candidate unless the Member is ready, willing and able to execute a Skills Exchange Agreement in respect of that Candidate immediately with another ready, willing and able Skills Exchange member.
3.4 A Member may Activate a Candidate if that Candidate is available for Trade at a future date as long as:
a) the date the Candidate is shown as being available for Trade from is less than 31 days in advance from the date the Candidate was Activated; and
b) the Member reasonably believes that the Candidate will be available for Trade from the availability date shown for the Candidate.
3.5 A Candidate must not be Activated unless the details Entered in respect of that Candidate provided within the Skills Matrix are accurate and complete.
3.6 A Member must not Enter or verify any details in respect of a Candidate that are:
a) Misleading;
b) Deceptive;
c) defamatory; or
d) knowingly false.
3.7 A Member must Deactivate a Candidate made Active by it if:
a) that Candidate is no longer under its Control; or
b) that Candidate is no longer available for Trade; or
c) the date on which the Candidate will be available for Trade is not known.
3.8 If a Candidate is Deactivated under paragraph 3.7(a) then:
a) the Candidate will no longer be deemed to be Controlled by the Member; and
b) the Candidates may be Removed by GSX any time after 30 days from the date of Deactivation unless GSX receives notification in writing from another Member that:
i.
the
Candidate is now under its Control; or
ii.
it
reasonably believes that the Candidate will become available for Trade; and
iii.
the
arrangement giving rise to the Control of the Candidate permits the Candidate to
be Entered.
3.9 GSX reserves the right to remove any information entered by a Member that GSX deems unsuitable or in breach of the Agreement.
3.10 GSX may deactivate and /or Remove representation of any Candidate if:
a) it believes, in its sole discretion, that it is in the best interests of GSX, the Candidate’s representative Member, the Candidate or any other Member to do so;
b) the Candidate’s representative Member has been requested to perform some action in respect of the Candidate’s details by GSX; and
c) the Candidate’s representative Member has failed to perform the requested action within the timeframe specified, or if no timeframe is specified, within 5 business days.
3.11 GSX may maintain historical records of Candidates, even after Candidates have been removed.
4.1 Each Member must nominate its authorised users of the GSX Site.
4.2 A nominated user must be classified as either a:
a) Membership Manager; or
b) Trade Administrator; or
c) General User.
4.3 A Member can nominate multiple Member Managers, Trade Administrators and General Users.
4.4 Membership Managers have full administrative rights to the Membership Accounts and can perform the following functions on the GSX Site:
a) renew Membership;
b) create General User accounts;
c) access the Members Lounge, with permission:
i.
to access
and amend (as applicable) statistical reports, Skills Matrixes, Membership
Account details;
ii.
to change
the Member Password;
iii.
to post
feedback; and
iv.
to Trade.
4.5 Trade Administrators have the following access rights to the GSX Site:
a) Access the Members Lounge, with permission:
i.
to access
and amend (as applicable) statistical reports, Skills Matrixes, Membership
Accounts details;
ii.
to change
the Member Password;
iii.
to post
feedback; and
iv.
to Trade.
4.6 General Users have the following access rights to the GSX Site:
a) Access to Members Lounge, with permission:
i.
to access
and amend, Skills Matrixes and Membership Accounts details;
ii.
to change
the Member Password; and
iii.
to post
feedback.
5.1 A Member must not damage, interfere with or harm the GSX Site, or any network, or system underlying or connected to it, or attempt to do so.
5.2 The Member must not list its email address, phone number or any other contact details within the Skill Matrixes of its Candidates, in its Membership Accounts details or otherwise.
5.3 The Member must list Trade Prices in Australian dollars including GST. All tax obligations are the responsibility of the Seller and/or the Buyer (as the parties determine).
5.4 The Member must not use the GSX Site to promote or provide illegal employment.
5.5 The Member must not list anything in the GSX site that is illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), or anything which infringes copyright or other intellectual property.
5.6 The Member is responsible for ensuring that any details Entered, Verified or Activated in respect of a Candidate by the Member does not breach this Code.
5.7 Members must at all times abide by any privacy legislation that applies to the Member, a Candidate or to GSX.
5.8 Members must at all times abide by the terms of any contract of employment, agency or provision of services applicable to the Candidate. For the avoidance of doubt, a contract between a Member and an incorporated contractor under which the Candidate provides, or may provide, services to the Member in any capacity is “applicable to the Candidate” for the purposes of this membership code.
5.9 Each Member acknowledges that details Entered in respect of a Candidate may be misleading or deceptive if, among other things, those details are incomplete or inaccurate.
5.10 If a Member receives notice that any previously Entered details in respect of a Candidate are misleading, deceptive, defamatory or false it must within 24 hours of being notified:
a) correct those details so as to eliminate any misrepresentation, deception, defamation or error; or
b) deactivate the Candidate and flag the Candidate as inactive.
6.1
The
Member must be located in Australia to Trade on the GSX Trade Floor.
People outside of Australia are not
permitted to become Members or Candidates and Trade or be traded on the GSX
Trade Floor.
6.2
Trade
negotiations are confidential and will not be shown publicly shown on the GSX
Website.
6.3
Trade
prices should not be offered if the Member does not intend to Trade the
Candidate at that Trade Price.
6.4
The
Buyer must ensure that it has obtained a GSX Trade Number from GSX and that this
number is quoted in the Skills Exchange Agreement and the Purchase Order issued
to the Seller.
7.1
Sellers
must be located in Australia. Members outside of Australia are not permitted to
Trade on GSX.
7.2
Subject to the terms and conditions of the
Membership Agreement and this code of conduct, Members may enter the details of
any Candidate under its representation it reasonably believes will become
available for Trade.
7.3
A Member must not enter the details of any
Candidate not under its representation.
7.4
The Seller must ensure that
the GSX Contract Number is quoted in
the Skills Exchange Agreement and the Purchase Order issued by the Buyer.
8.1
Trades and all other contacts between
Members are conducted entirely at the Members own risk.
8.2
The Members agree that GSX takes no
responsibility or liability for any misconduct of any of the Members including,
without limitation, Members that have registered Candidates under false
pretences or who attempt to defraud other Members.
9.1
The life cycle of a Candidate is as follows:
a) The Candidate is initially entered on to the Candidate Database by a Member. If the details Entered are inadequate to allow the Candidate to be Listed under this Code of Conduct, then the Candidate is left in a Unverified state;
b) When the Candidate is available for Trade, the Candidate will be made Active. However, a Candidate in an Unverified state cannot be Traded;
c) Once a Candidate is no longer available for Trade, the Candidate will be deactivated;
d) A Candidate who is no longer represented by a Member who authorised the Candidate’s Entry must be deactivated and then removed from representation;
a. A deactivated Candidate is subject to be Removed unless the Candidate is represented by another Member who wishes to have the Candidate active for Trade in which case the Candidate will be Restored to a unverified state until the candidate approves the new representation by the other member.
10.1
Copyright in the material and trademarks on the GSX
Site are owned by GSX unless otherwise indicated.
10.2
The Members agree not to infringe any intellectual
property rights owned by GSX.
10.3
The GSX logo is a registered trademark and cannot be
used without permission.
11.1 Members can agree to Trade Active Candidates.
11.2
GSX will provide the details of Member(s) who
is/are subject of a Trade only once the Buyer and the Seller have agreed to
Trade.
11.3
Members
who have agreed to Trade must use reasonable endeavours to negotiate a Skill
Exchange Agreement.
11.4 The Members are solely responsible for negotiating the Skills Exchange Contract.
12.1 Subject to the terms of the Skills Exchange Agreement and clause 8.2 of the Membership Agreement, the Buyer must provide a copy of the Purchase Order that it issues to the Seller to GSX (at Accounts Department at Finance@GSXonline.com.au) within 7 days of the issue date of the Purchase Order or the date of the Skills Exchange Agreement;
12.2 GSX will invoice the Buyer the applicable hire Fees and/or Trade Fees calculated in accordance with the Skills Exchange Agreement, this Code and the Membership Agreement.
13.1 GSX suggests that the Skills Exchange Agreement between the Buyer and Seller include the following terms:
“Payment of the Trade Fee
a)
The [Buyer] agrees to pay to GSX the sum of the Hire Fee and the
Trade Fee (together being the Trade Price)
30 days from the date of the invoice issued by GSX.
b)
The Buyer agrees that the Hire Fee and Trade Fee are to be calculated
in accordance with the Membership Agreement.
“Indemnities
The
Buyer agrees to indemnify the Seller in respect of all Hire and/or Trade Fees
payable in accordance with this Code and the Membership Agreement.”
14.1 In all dealings conducted within GSX each member agrees to
a) Act honestly and truthfully at all times;
b) Show integrity and sincerity in all dealings;
c) Be fair in all dealings involving the members of GSX
14.2 Members will not engage in practices, which may adversely affect or bring the name of GSX or its membership into disrepute.
14.3 Members will deal fairly and honestly in all business activities. The minimum requirement for this will be in accordance with the accepted practices contained within the Fair Trading Act (ACT) and the Trade Practices Act.
14.4 Members will not engage in, condone, nor accept practices that may be detrimental to GSX or its members such as:
a) Misrepresentation of capabilities.
b) Breaches of confidentiality.
c) Violation of confidentiality or non disclosure agreements to gain access to other member’s staff and capabilities for any purpose.
d) Unconscionable or oppressive contracting behaviour.
e) Initiating actions leading to or encouraging personnel from any member company to leave the current employer to join another member company.
14.5 We will represent ourselves and the capabilities of our organisations truthfully and in good faith. When challenged, we will provide the factual basis for such representations.