Terms of Service
In short: STARselect is recruitment software for businesses. You own your data and are responsible for using STARselect lawfully, including privacy, anti-discrimination and anti-spam laws. AI results are suggestions for a person to check, and hiring decisions are yours. Connecting LinkedIn uses a third-party service, and LinkedIn may restrict accounts that use automation tools. These terms are governed by the law of New South Wales. The full terms below are what apply.
1. About these terms
- STARselect is provided by ConstructEng Australia Pty Ltd as trustee for ConstructEng Australia (ABN 66 474 096 793) ("we", "us", "our"). These terms apply to your use of STARselect, including the web app, the booking pages it creates, and any related support.
- By creating an account, or by using STARselect on behalf of an organisation, you agree to these terms for yourself and for that organisation ("you", "your"). If you do not have authority to agree for your organisation, do not use STARselect.
- STARselect is for business use by recruiters, employers and their teams. It is not intended for personal, household or domestic use.
- Our Privacy Policy explains how we handle personal information, and forms part of these terms.
2. Accounts
- You must give accurate details when you sign up and keep them up to date.
- Each login is for one person. Keep your password secure and do not share it. You are responsible for what happens under your organisation's account.
- The account owner and administrators control who has access to the organisation's workspace and what they can do. You are responsible for removing access for people who leave your organisation.
- Tell us promptly at simon@constructeng.com.au if you believe your account has been accessed without permission.
3. Free trial
- A new organisation starts on a free trial, which lasts 30 days from when the account is created and is for one person. Anyone else who wants to try STARselect can start their own free trial; to add people to an organisation, choose a paid plan.
- The trial includes every feature and these allowances for the whole trial: 40 tailored interview guides, 500 CVs ranked or scored, 1,000 LinkedIn profiles added to market maps (people a search finds who are left off the map are not counted), 50 new client contacts added through Find new clients, 20 pre-screens and 6 reference checks. Candidate lists, the pipeline and the hires tracker can be exported 3 times in total during the trial; a full workspace backup is available on a paid plan. A fair-use limit of 200 AI requests applies to other AI features during the trial.
- During the trial, you can connect your own LinkedIn account and mailbox. Each LinkedIn account can be used for one free trial: a LinkedIn account already used in another organisation's trial can't be used in a new one.
- If you join another organisation's workspace, you can move the work from your own free trial into it. Once moved, that organisation holds and controls the data, and your trial is closed.
- When the trial ends, the AI, LinkedIn and messaging features stop until you choose a paid plan, and any LinkedIn or email account you connected is disconnected from STARselect unless you have chosen a paid plan by then. Your saved records remain available as set out in clause 13.
- No payment details are needed for the trial. We may change what the trial includes for trials that start after the change.
- We may decline to start a free trial, or end one early, if we reasonably believe it is being used to evaluate, copy or benchmark STARselect for a product that competes with it, or otherwise in breach of section 11. If we end a trial early, we will tell you why, and we will handle your trial data as set out in section 13.
4. Paid plans, fees and payment
- Paid plans, their prices and their allowances are as shown in STARselect or on our website at the time you subscribe. At the date of these terms they are Professional and Professional Plus (one person), Team and Team Plus (2 to 10 people, priced per person) and Enterprise (priced by agreement), billed monthly or yearly. Allowances are per calendar month, and on per-person plans they are pooled across the organisation. A fair-use limit applies to other AI features. Payment is by card, or another payment method offered at checkout, through Stripe.
- Fees are in Australian dollars and exclude GST. Where GST applies, it is added and we will issue a tax invoice.
- Subscriptions renew automatically at the end of each billing period until cancelled. You can cancel at any time and your plan will continue until the end of the period you have paid for. Fees are not refunded for part of a billing period, except where the Australian Consumer Law requires a refund.
- If a payment fails, we may pause paid features until it is resolved.
- We may change prices by giving you at least 30 days' notice. The change will apply from your next billing period, and you may cancel before then.
- Each plan has allowances and fair-use limits, for example on AI features, LinkedIn searches and messages sent each day. We apply these to keep the service reliable and within the limits of the services we rely on.
5. Your data
- "Your data" means everything you or your team put into STARselect or create with it, including candidate records, CVs, role descriptions, notes, assessments and messages. You own your data.
- You give us a licence to host, copy, process and transmit your data only as needed to provide STARselect to you, including through the service providers listed in our Privacy Policy, and to meet our legal obligations.
- Your data is stored on servers provided by a third-party host in Australia, on our behalf. Some of it is processed overseas by the service providers listed in our Privacy Policy, for example when you use STARselect's AI features or connect a LinkedIn or email account.
- We do not use your data, or candidates' information in it, for our own recruitment business or any purpose other than providing STARselect to you, unless you ask us to or the law requires it.
- You can delete your records from STARselect, and export them, for example your pipeline and candidates as spreadsheets (CSV), interview guides and scorecards as documents, or a full backup of your workspace.
6. Your responsibilities for candidates' personal information
- You are responsible for collecting, using and disclosing candidates' personal information lawfully, including under the Privacy Act 1988 (Cth) and any other privacy laws that apply to you. This includes giving candidates any collection notices the law requires, getting consent where the law requires it (for example for sensitive information), and responding to their requests to access or correct their information.
- Only add information you need for recruitment, and keep it accurate.
- We will help you respond to candidates' requests about information held in STARselect, and tell you promptly about any eligible data breach affecting your data.
7. Fair and lawful hiring
- You must not use STARselect to discriminate unlawfully, including under the Anti-Discrimination Act 1977 (NSW), the Sex Discrimination Act 1984, Racial Discrimination Act 1975, Disability Discrimination Act 1992 and Age Discrimination Act 2004 (all Cth), the Fair Work Act 2009 (Cth), and equivalent laws where you operate.
- STARselect's AI features are instructed to ignore information that could indicate protected attributes, and not to ask interview questions about them. You remain responsible for the questions you ask and the decisions you make.
8. AI features
- STARselect uses AI to produce interview guides, rankings, grades, summaries and draft messages. AI results can be incomplete or wrong, and can reflect gaps in the information provided.
- AI results are suggestions to help you. They are not professional, legal or employment advice. Review them before you rely on them, and make your own decisions about candidates.
9. LinkedIn and email connections
- STARselect can connect to your own LinkedIn account (including LinkedIn Recruiter) and your own email account through a third-party service, Unipile. When you connect an account, you authorise us to use it for the features you use: running searches you start, viewing the profiles they return or that you request, sending the messages, InMails, connection requests, emails and invitations you queue, and checking for replies, as described in our Privacy Policy.
- LinkedIn's terms restrict the use of third-party automation tools, and LinkedIn may restrict or close accounts that use them, temporarily or permanently. STARselect applies daily limits to searches, profile views and messages, but we cannot guarantee how LinkedIn will treat your account. You decide whether to connect it, you accept this risk, and you are responsible for complying with LinkedIn's terms and your email provider's terms.
- You can disconnect a connected account at any time. We are not responsible for LinkedIn, Unipile or your email provider, or for changes they make that affect STARselect's features.
- STARselect is not affiliated with, endorsed by or sponsored by LinkedIn. LinkedIn is a trademark of LinkedIn Corporation.
10. Messages you send
- You are responsible for the content of messages, emails and invitations sent through STARselect, and for complying with the Spam Act 2003 (Cth) and similar laws. Where those laws require it, your messages must identify you and include a way for recipients to opt out, and you must honour opt-outs.
- Messages are sent from your own LinkedIn or email account, in your name.
11. Acceptable use
You must not, and must not let anyone else:
- use STARselect for anything unlawful, misleading or harmful;
- upload content you do not have the right to use, or that contains malicious code;
- try to access other organisations' data, get around limits or security, or disrupt the service;
- copy, resell, or reverse engineer STARselect, except as the law allows;
- use STARselect, or our confidential information, to design, build, improve or market a product or service that competes with STARselect;
- use STARselect if you, your organisation, or anyone you act for provides or is developing a product that competes with STARselect, unless we have agreed in writing;
- benchmark STARselect, or share screenshots, recordings or descriptions of how it works, for a product that competes with STARselect or with anyone who provides one;
- share logins, or use automated means to access STARselect other than through its own features.
12. Our intellectual property
- We own STARselect, including its software, design, question library, templates and content we provide (other than your data). We give you a non-exclusive, non-transferable right to use STARselect for your business during your subscription or trial, under these terms.
- How STARselect works, where it is not public, including its scoring and grading methods, the instructions it gives to AI models, and its question library, is our confidential information, and section 15 applies to it. This does not cover your data, or anything that is already public.
- If you give us feedback or suggestions, we may use them to improve STARselect without owing you anything.
13. Suspension, cancellation and what happens to your data
- You can stop using STARselect and close your account at any time by contacting us.
- We may suspend or close an account if you seriously breach these terms and do not fix the breach within 14 days of our notice, or straight away where needed to prevent harm, meet the law, or protect the service or other users. Where we can, we will tell you first. We may also suspend or close an account straight away, without the 14 days to fix it, if we reasonably believe it is being used in breach of the competitor-use restrictions in section 11. We will tell you why in writing, and refund any fees you have paid in advance for the time after the account is closed.
- After an account is closed, or a free trial ends without moving to a paid plan, we keep your data for 90 days, so you can pick up where you left off by choosing a plan. After that we may delete it, unless the law requires us to keep it longer.
- We may stop offering STARselect by giving at least 60 days' notice, and will refund any fees you have paid for the period after it stops.
14. Availability and changes
- We aim to keep STARselect available and working well, but we do not promise it will be uninterrupted or free of errors. We may carry out maintenance, and features may depend on third-party services.
- We may improve or change STARselect. If a change significantly reduces a paid feature you rely on, we will tell you in advance, and you may cancel and receive a refund of fees paid for the rest of your billing period.
15. Confidentiality
Each of us will keep the other's confidential information confidential and use it only for the purposes of these terms, except where it is already public, is received lawfully from someone else, or must be disclosed by law.
16. Our responsibility to you
- Nothing in these terms excludes, restricts or changes any right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded.
- To the extent the law allows, where we fail to meet a guarantee under the Australian Consumer Law, our liability is limited, at our choice, to supplying the services again or paying the cost of having them supplied again.
- To the extent the law allows, and except for liability that cannot be limited, our total liability to you under or in connection with these terms is limited to the fees you paid us in the 12 months before the event giving rise to the claim.
- To the extent the law allows, neither of us is liable to the other for indirect or consequential loss, or for loss of profit, revenue or opportunity. We are not liable for loss caused by LinkedIn, Unipile, your email provider or other third-party services, by action LinkedIn takes on your account, or by decisions you make using STARselect's results.
17. Your responsibility to us
You are responsible for, and will cover our reasonable costs and losses arising from, any claim by a third party (including a candidate or a regulator) to the extent it results from your data, the messages you send, or your breach of these terms or the law. This does not apply to the extent the loss was caused by our own breach or negligence.
18. Changes to these terms
We may update these terms. We will give at least 30 days' notice of changes that materially affect you, by email or in the app. If you do not agree, you may cancel before the change takes effect and receive a refund of fees paid for the rest of your billing period. Using STARselect after a change takes effect means you accept it.
19. General
- These terms are governed by the law of New South Wales, Australia. Each of us submits to the non-exclusive jurisdiction of the courts of New South Wales and the courts that can hear appeals from them, and the Federal Court of Australia.
- If there is a dispute, each of us will first try to resolve it in good faith by talking, for at least 30 days, before starting court proceedings, except where urgent relief is needed.
- If part of these terms is unenforceable, it is to be read down or severed, and the rest continues to apply.
- You may not transfer your rights under these terms without our consent. We may transfer them to a buyer of STARselect or its business, and will tell you if we do.
- These terms and the Privacy Policy are the whole agreement between us about STARselect.
20. Contact us
ConstructEng Australia Pty Ltd
Email: simon@constructeng.com.au