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Terms & Conditions

1. The Agreement

Thanks for visiting our terms of use (Agreement), we are WorkApp Pty. Ltd. ACN 163 385 804 (we, our, us and other similar terms). These terms govern your access to and use of our mobile applications and web interface, together known as WorkApp (WorkApp). WorkApp provides you with the ability to interact with our online global marketplace which aims to connect people for prosperity (Marketplace). By using WorkApp or our Marketplace, you agree to comply with and be legally bound by the terms and conditions of this Agreement. If you do not agree to these terms, you have no right to continue using our products or services.

It is your obligation to ensure that you have read, understood and agree to the most recent terms available at https://workapp.world/ (Website). You must not use WorkApp or the Marketplace if you are not able to form legally binding contracts or are under the age of 13. Those users aged between 13 and 17 (inclusive) must use WorkApp under supervision of a parent or guardian.

Please email us at [email protected] if you have any questions relating to these terms of use.

2. Disclaimer

You acknowledge:

(a) we operate the Marketplace and are not responsible for screening, assessing or censoring the listings or undertaking the identification of, or conducting background checks on, other users;
(b) when dealing with other users on the Marketplace you assume all risk associated with your interactions with them;
(c) we are not representatives of other users who operate on the Marketplace nor are we liable for any representation, claim or liability which arises from your engagement with them;
(d) we neither endorse or rate any goods or services listed on our Marketplace and any endorsement or rating is provided by other users and not us; and
(e) WorkApp and our Marketplace may from time to time contain bugs and errors which do not substantially interfere with its normal operations.

3. User Account

3.1 Accessing WorkApp

You acknowledge and agree that to make use of WorkApp, you are required to provide us with personal information and create an account with us (Account). We reserve the right to reject any new Account in our absolute discretion.

In creating an Account, you must provide any information reasonably requested by us for the purpose of operating the Marketplace and WorkApp. You warrant:

(a) all of the information you provide to us is accurate and complete;
(b) you will inform us by updating your Account details whenever any information changes; and
(c) you will not provide false or misleading information.

3.2 Security responsibilities

We will take reasonable steps to ensure WorkApp and our Marketplace is secure from unauthorised access consistent with generally accepted industry standards. You must take all reasonable steps to ensure usernames and passwords are not disclosed to third parties. If you become aware the security of your Account may be compromised, you must immediately notify us.

4. Licence

Subject to clause 8 (App Store Providers), we grant you a non-transferrable, non-exclusive, non-sublicensable, worldwide, royalty free and revocable licence to use WorkApp, on the terms contained in this Agreement (Licence).

We reserve the right to limit or suspend your access to WorkApp and alter the Account information, if in our reasonable opinion:

(a) you are in breach of any of the obligations or undertakings in this Agreement;
(b) your account information is incomplete;
(c) your Account is not used for a period of greater than 1 year; or
(d) we suspect a security breach associated with your Account.

Suspending your Account will not constitute a breach of this Agreement by us.

5. Your use of WorkApp and our Marketplace
5.1 Accessing the Marketplace

You acknowledge and agree:

(a) you must only access the Marketplace via our WorkApp interfaces and not by any third-party application or automated means; and
(b) the Marketplace will only be accessible using the internet and will not be available locally.

In order to make full use of mobile versions of WorkApp you must allow your device access to the following services:

(c) data connectivity;
(d) email;
(e) address book;
(d) SMS;
(f) location services;
(g) storage; and
(h) phone.

5.2 Notifications

If you make use of the employment related services on our Marketplace, you consent to receiving notices to the mobile phone number you have listed in your Account. You may unsubscribe from this service at any time by clicking on the unsubscribe facility in your Account Settings or de-activating your listing.

5.3 Marketplace content

The content on the Marketplace is largely produced by other users and not us. It is to be used or relied on at your own risk. We make no warranty or representations as to the accuracy of the content of other users.

The Marketplace may contain hyperlinks and other pointers to websites operated by third parties, including other users of the Marketplace. We do not control these third party websites and are therefore not responsible for the hyperlinks, information or downloads available on them. You visit third party websites entirely at your own risk.

Where we provide hyperlinks, we do not indicate, expressly or implicitly, any endorsement, sponsorship or approval by us of the content on the third party website.

5.4 Prohibited conduct

You must not:

(a) attempt to gain unauthorised access to or impair any aspect of WorkApp or our Marketplace;
(b) use automated means to upload content, log in or attempt to log into an account, download or otherwise access our Marketplace in any way;
(c) grant access to your Account to any other person;
(d) not use the job advertisement feature on WorkApp for any purpose other than genuinely seeking to fill a current role;
(e) provide false or misleading information;
(f) in any way tamper with, hinder or modify WorkApp or our Marketplace;
(g) knowingly transmit any viruses or other disabling features to WorkApp or the Marketplace;
(h) intentionally disable or circumvent any protection or disabling mechanism related to WorkApp;
(i) install or store any software applications, code or scripts on WorkApp or the Marketplace;
(j) use WorkApp in any way which could be reasonably expected to interfere with or damage our' Marketplace or another user's use of the services we provide; or
(k) attempt any of, facilitate or assist another person to do any of the above acts.

6. Maintenance updates and support

6.1 The Marketplace and WorkApp is reliant on third parties

Parts of WorkApp and our Marketplace are operated from information and communication technology infrastructure owned and controlled by third parties, such as Amazon Web Services. While we endeavour to provide a high availability system, where there are faults in our service providers services, our Marketplace may be disrupted.

6.2 Amendments to the Marketplace

You acknowledge and agree there may be technical or administrative errors associated with WorkApp and our Marketplace. We reserve the right to upgrade, maintain, tune, backup, amend, add to or remove content from, redesign, improve, take offline or otherwise alter both the Marketplace and WorkApp at our sole and absolute discretion.

We may remotely deploy updates which must be installed in order for you to continue to use WorkApp. Where an update is required, and you do not accept it, you may not be able to use WorkApp or access the Marketplace via the mobile apps until you install that update.

6.3 Inaccessibility of the Marketplace

We reserve the right to make WorkApp and our Marketplace inaccessible, as required for upgrades, maintenance and updates. From time to time, without notice, access to all or part of our Marketplace may be disrupted or limited. During such an interruption, we will use reasonable endeavours to restore access as soon as practicable.

6.4 Support

We provide support for WorkApp via our Website and email [email protected]

7. Submitted content 7.1 User listings

You acknowledge we are under no obligation to review the content submitted to the Marketplace and that in some cases that information may be mislabelled, misleading, offensive or inaccurate. You are solely responsible for ensuring the accuracy of the content and identity of any other user of the Marketplace before engaging with them.

In submitting content to the Marketplace, you must ensure your listing is properly categorised, restricted to the smallest appropriate geographic region and may only be posted on your own behalf or on behalf of your employer acting with the appropriate authority.

You acknowledge that we are not obliged to use any content submitted by you. However, we reserve the right to use the content you submit for the purpose of operating our services globally. It is entirely your responsibility to keep copies of any content uploaded via WorkApp and you must not rely on us storing copies for you.

We reserve the right to take down and destroy, without notice, any content which you submit.

7.2 Duration of listing

We may, in our sole discretion set and amend time limits for any category of listing via WorkApp and our Marketplace. Upon the expiry of those time limits the content may be no longer visible to other users or may be deleted. Where permissible you may re-activate your listing in order for it to remain visible to other users.

The current time limits and methods of reactivation are provided in the table below:

Category

Time limit

Reactivation method

Expiry event

Business Listings

Unlimited

Refresh button

Listing never expires

Community Organisation Listings

Unlimited

Refresh button

Listing never expires

Worker Listings

Unlimited

Refresh button

Listing never expires

Event Listings

Event End Date & Time

Update the Event end date

Post is de-activated at End Date & Time

Job Vacancies

Closing Date & Time

Update the closing date

Post is de-activated at Closing Date & Time

Real Estate Listings

Unlimited

Refresh button

Listing never expires

Auto Listings

Unlimited

Refresh button

Listing never expires

Classified Listings

30 Days

Refresh button extends for another 30 days from date of refresh

Post is flagged as expired.

Wanted Listings

30 Days

Refresh button extends for another 30 days from date of refresh

Post is flagged as expired.

Task Listings

7 Days

Refresh button extends for another 7 days from date of refresh

Post is flagged as expired.

7.3 Prohibited Content

In respect of any content you submit, you warrant you will not upload anything:

(a) which is false, misleading or otherwise deceptive in any way;
(b) which is improper, harmful, threatening, defamatory, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, hateful, or otherwise objectionable;
(c) which includes nudity, sex, pornography, adult-oriented content, or explicative or inappropriate language; (d) containing any computer virus or malicious code;
(e) which advertises for sale - drugs, alcohol, pharmaceuticals, products containing nicotine or weapons;
(f) which advertises goods or services which are illegal to provide in your jurisdiction or the jurisdiction to which you are offering them;
(g) content that advertises or links to posting or auto-posting products or services, email harvesting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services or bulk telephone numbers;
(h) which infringes any third-party Intellectual Property rights;
(i) in breach of, or which may result in us being in breach of, any Privacy Law;
(j) that is likely to offend, insult or humiliate based on race, religion, ethnicity, gender, age or sexual orientation;
(k) which relates to spells, black magic or other spiritual and religious content which we, in our sole discretion, deem inappropriate for our global Marketplace;
(l) content that may not legally be viewed by persons under 13 years old in Australia or the jurisdiction in which you operate;
(m) in breach of any law in Australia or the jurisdiction in which you operate including any code of conduct which applies to you; or
(n) any other content deemed inappropriate in our sole discretion.

8. App Store Providers

The WorkApp mobile applications are available from Google Play and the Apple App Store (App Store Provider).

This Agreement is between us and you only. We, and not the App Store Provider, are responsible for WorkApp, and we are solely responsible for:

(a) its support and maintenance;
(b) the investigation, defence, settlement and discharge of any claim which relates to an infringement of third-party Intellectual Property rights arising from the use of WorkApp; and
(c) any claim WorkApp fails to conform to any applicable legal or regulatory requirement, including product liability claims and claims arising under consumer protection laws.

The App Store Provider’s liability to you is limited to the refund of the purchase price of WorkApp and any other remedies under consumer protection law. Your right to use WorkApp is non-transferable and non-sublicensable, except to the extent the App Store Provider permits family sharing or like sharing arrangements.

The App Store Provider may monitor your use of WorkApp and is entitled to enforce the terms of this Agreement against you. You agree to submit to their legitimate enforcement activities.

If there is any inconsistency between this Agreement and the application use rules set out in the App Store Provider’s terms of service, their terms of service will prevail to the extent of the inconsistency.

9. Privacy

When we talk about Personal Information, we mean information or an opinion about an identifiable individual (not a company), whether or not that information or opinion is true or in a material form (Personal Information).

You agree and consent to the handling of your Personal Information in accordance with our privacy policy, which is located at https://workapp.world/privacypolicy (Privacy Policy).

We may amend our Privacy Policy in our sole discretion. If we amend our Privacy Policy, we will post the new version on our Website.

When listing goods or services on the Marketplace you may nominate whether you want your street address to appear in any search results. You may remove such nomination at any time and are responsible for doing (or failing to do) so.

When enquiring by email to any user posting, your details will be shared with that user, together with a link to your profile in WorkApp. When you select the email icon, an email will be generated with your details pre-filled. You are responsible for removing any information that you do not wish the other user to see.

10. Intellectual Property

We warrant we own or have a licence to the computer code, graphics, trade marks, and other intellectual property (Intellectual Property) on our Website, in WorkApp and forming part of our Marketplace. The use of our Intellectual Property is subject to copyright and other Intellectual Property rights under Australian laws and international conventions.

You warrant you will not, without our written consent, do any of the following or permit any person over whom you have effective control to:

(a) copy or reproduce, or create an adaptation or translation of, all or part of WorkApp or the Marketplace in any way, except to the extent that reproduction occurs automatically through its ordinary use;
(b) incorporate all or part of WorkApp or the Marketplace in any other webpage, software, mobile application or other digital or non-digital format;
(c) sell, license, sublicense, lease, rent, distribute, disclose, permit access to, or transfer to any third party, whether for profit or without charge, any portion of WorkApp or the Marketplace on any medium; or
(d) directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, or algorithms contained in WorkApp, the Marketplace or any documentation associated with it.

11. Dispute Resolution between us and you
11.1 Mandatory mediation

A party claiming that a dispute has arisen under this Agreement (Dispute) must give written notice to the other party specifying the nature of the Dispute and the parties must submit themselves to the dispute resolution procedure set out in this clause 11.

Subject to clause 11.2, the parties agree that if a Dispute arises, a party may not commence any legal proceedings relating to the Dispute unless it has complied with the provisions of this clause.

If the parties cannot resolve the Dispute within 30 days of receiving a notice of the Dispute, then either party may (by giving notice in writing to the other party) require the Dispute to be referred for mediation. The mediation must be undertaken:

(a) in accordance with the Resolution Institute Mediation Rules;
(b) at a location agreed by the parties and in the absence of agreement in Brisbane, Queensland; and
(c) using a mediator agreed by the parties and in the absence of agreement by a mediator nominated by the Resolution Institute.

Each party must pay its own internal and legal costs in relation to complying with this clause 11. The mediator’s costs are to be shared equally.

If the Dispute is not resolved within 30 days of the mediation commencing either party may commence proceedings in respect of the Dispute.

11.2 Not applicable to the collection of debts or injunctive relief

The parties acknowledge and agree this clause 11 does not:

(a) apply to the recovery of any debt; or
(b) prevent a party from instituting proceedings for the purposes of seeking urgent injunctive or similar interim relief from a court.

12. Warranties, liability and implied conditions

References to non-excludable conditions mean any guarantee, condition or warranty (such as the consumer guarantees implied by the Competition and Consumer Act 2010 (Cth)), which cannot by law be excluded (Non-Excludable Condition).

12.1 Warranties

Subject to any applicable Non-Excludable Condition, we make no warranties or guarantees:

(a) WorkApp, the Marketplace or our Website is fault free;
(b) regarding WorkApp’s, the Marketplace’s or our Website’s fitness for any particular purpose, not otherwise expressed by us in writing; or
(c) regarding your access to, or the results of your access to, WorkApp, the Marketplace or our Website including its correctness, accuracy, timeliness, completeness, reliability or otherwise.

12.2 Implied conditions

We exclude all implied conditions from this Agreement except any Non-Excludable Condition.

12.3 Limitation of liability

Subject to the Non-Excludable Conditions, we exclude all other liability for any costs, including consequential losses, suffered or incurred directly or indirectly by you in connection with this Agreement, including:

(a) WorkApp, our Marketplace or the Website being inaccessible for any reason;
(b) computer virus, trojan and other malware in connection with WorkApp, our Marketplace or the Website;
(c) any unauthorised activity in relation to WorkApp, our Marketplace or the Website; or
(d) your breach of this Agreement.

12.4 Limits associated with goods and services

Where a Non-Excludable Condition is deemed to apply, to the fullest extent permissible under the law, we limit our liability for any breach to:

(a) in the case of goods, the re-supply of the goods or payment of the cost of the re-supply of the goods, or the replacement or repair of the goods or payment of the cost of replacement or repair of the goods; and
(b) in the case of services, the resupply of the services, or the payment of the cost of having the services resupplied.
In any other event, where the Non-Excludable Conditions do not apply and our liability cannot be totally excluded, our maximum liability to you is limited to $100 Australian dollars.

13. Indemnity

You acknowledge and agree we are not involved in the interactions between users nor can we control their behaviour. Engaging with another Marketplace user is undertaken at your own risk and in your sole discretion. You release us, our agents and employees, from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature arising out of or in any way connected with disputes you have with other users (User Dispute). Furthermore, you indemnify us on a full indemnity basis against any costs we incur arising from a User Dispute in which you are involved.

You indemnify us and our employees, agents, officers and contractors on a full indemnity basis, for all costs suffered or incurred, arising wholly or partially, directly or indirectly, from your breach of this Agreement.

14. Termination

You may terminate this Agreement immediately by cancelling your Account.

We may end this Agreement:

(a) immediately if in our reasonable opinion you are in breach of this Agreement;
(b) immediately if we cease to provide WorkApp or the Marketplace; or
(c) in any other circumstance with 1 month written notice.

Upon termination, for any reason:

(a) you must immediately stop using WorkApp and the Marketplace;
(b) you must remove the WorkApp mobile applications from your mobile devices;
(c) we reserve the right to permanently erase any data associated with your Account, including any current listings you have; and
(d) you will no longer have access to your Account or the Marketplace.

15. General provisions

Assignment - We may assign, encumber, declare a trust over or otherwise create an interest in our rights in this Agreement without your consent.

Entire Agreement - This document contains the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by this document and has no further effect.

Event of Force Majeure - means an act of war (whether declared or not) or terrorism, the mobilisation of armed forces, civil commotion or riot, natural disaster, health epidemic, industrial action or labour disturbance, currency restriction, embargo, action or inaction by a government, a failure of a supplier, public utility or common carrier or computer disruption due to the effects of a computer virus, trojan, malware, a ransomware attack or other malicious code.

The parties' obligations, other than an obligation to pay money, under this Agreement are suspended for the duration of and to the extent they are affected by an Event of Force Majeure.

Either party may end this Agreement if the Event of Force Majeure continues to effect WorkApp or the Marketplace for more than 30 days.

Governing law - The laws of Queensland, Australia govern this Agreement. The parties submit to the non-exclusive jurisdiction of courts exercising jurisdiction there.

Notices - The parties agree all notices, disclosures and other communications that are provided in accordance with this clause, satisfy any legal requirement that such communications be in writing. Any communication under or in connection with this Agreement which we send to you, will be sent to you via a mobile application push notification, an SMS message or the email address provided to us in your Account. By accepting these terms, you give your consent to receive communications from us by email, SMS and push notifications. Your notices to us should be directed to [email protected] or sent via the facilities made available to you on our Website.

Severability - Any provision of this document which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make this document enforceable, unless this would materially change its intended effect.

Variations to this Agreement - We may vary this Agreement at any time by posting, with 1 month notice, the new Terms of Use on our Website or updating them via WorkApp. If you do not accept the terms of the variation you may terminate your subscription in accordance with clause 14.

Date Last Updated: 19 June 2020