PulsePoint Terms & Conditions
Last updated: 22 December 2025
Version: 2.0
1. Binding Agreement
1.1 These Terms and Conditions (“Terms”) govern your access to and use of the website located at pulsepoint.com.au (the “Website”) and the managed outsourcing services provided by PulsePoint Au Pty Ltd (ACN 692 761 345) (“PulsePoint”, “we”, “us”, or “our”).
1.2 By accessing the Website or engaging our Services, you (“User” or “Client”) agree to be bound by these Terms.
1.3 If you do not agree with any part of these Terms, you must not use the Website or Services.
1.4 We reserve the right to update these Terms at any time. Continued use of the Website after any changes constitutes your acceptance of the new Terms.
2. Definitions
"Account" means the secure portal or login credentials assigned to a Client to view candidate profiles or manage their team.
"Client" means any entity or individual who accesses the Website to enquire about or engage Services.
"Offshore Talent" means the skilled personnel employed or engaged by PulsePoint’s offshore subsidiary to perform tasks for the Client.
"Services" means the managed outsourcing services provided by PulsePoint, including the sourcing, hosting, and management of Offshore Talent.
"Content" means all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, and computer code contained on the Website.
3. Nature of Services (Managed Service Provider)
3.1 Not a Marketplace: You acknowledge that PulsePoint is a Managed Service Provider, not a recruitment agency, labour-hire firm, or freelancer marketplace.
3.2 No Direct Contracting: PulsePoint does not merely "connect" you with Virtual Assistants. Instead, we contract directly with you to provide a service, and we (through our offshore subsidiary) employ or engage the Offshore Talent required to deliver that service.
3.3 B2B Relationship: Any engagement entered into via this Website or subsequent proposal is a commercial agreement between PulsePoint Au Pty Ltd and You (the Client). No direct contractual relationship exists between you and the Offshore Talent.
4. Account Registration & Security
4.1 To access certain features (e.g., candidate portals), you may be required to register an Account. You must provide accurate, complete, and up-to-date business information.
4.2 You are responsible for maintaining the confidentiality of your login credentials. You accept full responsibility for all activities that occur under your Account.
4.3 You must notify PulsePoint immediately of any unauthorized use of your Account or any other breach of security.
5. Intellectual Property
5.1 Website Content: PulsePoint owns or licenses all intellectual property rights in the Website and Content. You may view and print Content for personal, non-commercial use only. You must not reproduce, republish, or distribute any Content without our written permission.
5.2 Service IP: Upon your engagement of our Services, the ownership of intellectual property created by Offshore Talent for your business will be governed by the specific Client Services Agreement signed between us.
6. Acceptable Use & Conduct
6.1 You agree not to use the Website or Services to:
(a) Direct Offshore Talent to perform illegal or unsafe tasks;
(b) Attempt to bypass PulsePoint to solicit or hire our Offshore Talent directly ("Poaching"), which violates our commercial terms;
(c) Scrape, copy, or aggregate candidate profiles or data for the purpose of building a competing database;
(d) Transmit viruses, malware, or other harmful code.
7. Data Privacy & Cross-Border Disclosure
7.1 Collection: We collect personal and business information in accordance with our [Privacy Policy - Link].
7.2 Cross-Border Consent (APP 8): By using our Services, you acknowledge and consent that your data (and any data you provide regarding your business) may be disclosed to and accessed by our subsidiary and Offshore Talent located in the Philippines for the primary purpose of service delivery.
7.3 Compliance: PulsePoint warrants that it has taken reasonable steps to ensure its offshore operations comply with data security standards consistent with the Privacy Act 1988 (Cth).
8. Limitation of Liability
8.1 Australian Consumer Law (ACL): Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy that cannot be excluded under the Competition and Consumer Act 2010 (Cth) (ACL).
8.2 Service Disclaimer: To the extent permitted by law, PulsePoint provides the Website "as is" and excludes all implied warranties regarding the accuracy, completeness, or availability of the Website.
8.3 Liability Cap: Our total liability to you for any loss or damage arising out of your use of the Website (whether in contract, tort, or otherwise) is limited to the resupply of the Services or the cost of having the Services resupplied.
8.4 Business Outcomes: PulsePoint does not guarantee specific commercial results (e.g., increased revenue) from the use of our Offshore Talent.
9. Indemnity
9.1 You agree to indemnify and hold harmless PulsePoint, its directors, officers, and employees from any claims, losses, damages, or legal costs arising from:
(a) Your breach of these Terms;
(b) Your violation of any applicable law or third-party right; or
(c) Any claim that your use of the Services or direction of Offshore Talent infringed the rights of a third party.
10. Termination of Access
10.1 PulsePoint reserves the right to suspend or terminate your access to the Website or Account at any time, without notice, if we reasonably believe you have breached these Terms or are using the Services in a manner that risks our reputation or legal compliance.
11. Governing Law
11.1 These Terms are governed by the laws of New South Wales, Australia.
11.2 You agree to submit to the exclusive jurisdiction of the courts of New South Wales for any disputes arising out of these Terms or your use of the Website.
12. Contact Us
For questions regarding these Terms, please contact:
PulsePoint Au Pty Ltd
Email: go@pulsepoint.com.au
Address: PO Box 511, Lidcombe NSW 1825