WORKAPP USER TERMS AND CONDITIONS
- Your use of WorkApp is entirely at your own risk.
- You should always exercise caution in providing any personal information to or meeting with any person who contacts you via WorkApp as we do not take steps to identify our users or undertake background checks.
- In these terms and conditions, "we" "us" and "our" refers to WorkApp Pty Ltd, the owner and operator of www.workapp.me and the associated app ("WorkApp"). Your access to and use of all information on this website and the app is provided subject to the following terms and conditions.
- We reserve the right to amend these terms and conditions at any time and your use of WorkApp following any amendments will represent your agreement to be bound by these terms and conditions as amended. We recommend that each time you access WorkApp you read these terms and conditions.
- These terms and conditions are applicable to all postings, including job advertisements, tenders, event listings and other listings and profiles provided by WorkApp. They apply to all users.
- In order to access the services provided on WorkApp, you must become a registered user. You must complete registration by providing the information requested on our membership/registration page which will establish your profile.
- You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
- On registration, you will be required to provide a password. It is your responsibility to ensure the safety and security of your login information and you must not provide these details to any other person.
- We reserve the right to terminate this agreement and delete or remove your registration at any time if you breach these terms and conditions.
- It is your responsibility to ensure that your access and use of any part, function, content or service published on WorkApp is legally permitted in any jurisdiction in which you reside or in which access takes place.
- Our services are intended for persons over the age of thirteen (13) years. By using WorkApp, you acknowledge that you are:
- between 13 and 18 years of age and have the consent of your parent or guardian to use our services; or
- over 18 years of age.
- We reserve the right, at our absolute discretion, to discontinue, suspend, change, reformat or alter any aspect of the services provided in WorkApp without prior notification to you.
- By using WorkApp, you acknowledge that:
- We provide a medium only through which people can connect. We do not participate in any way in the transactions between our users, nor do we regulate or mediate such transactions.
- We do not review or moderate users' postings (although we reserve the right to do so at our discretion) and are not involved in the actual transactions between users.
- As most of the content on WorkApp is supplied by users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of the content on WorkApp.
- We do not control, are not responsible for, and make no representation or warranty with respect to any user-supplied content. We do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
- We cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.
- We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with us. You are solely responsible for your access to, use of and/or reliance on any user content. You must conduct any necessary investigation and due diligence with respect to the legitimacy of any user-supplied content.
- We do not accept liability for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material which violates or infringes upon the rights of any other person.
- We do not warrant or represent that you will obtain business or custom by the use of WorkApp.
- You further agree that:
- Your use of WorkApp is entirely at your own risk.
- From time to time we may host third party content on WorkApp such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
- We are not responsible for, any loss of an opportunity arising from your details not being visible to any other user of WorkApp and any misuse by any person of details that you or any other person have published on WorkApp.
- You will not seek to hold us responsible for anything other users post or do.
- We are not responsible for any damage to your computer system which arises in connection with your use of WorkApp or any application or website linked to WorkApp as a result of any virus, worm, hacker, Trojans and/or malware.
- To the extent permitted by any applicable law:
- any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
- we accept no liability for any loss whatsoever, including consequential loss, suffered by you arising from services we have supplied, except as a result of fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees.
- we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of WorkApp, even if you advise us or we could reasonably foresee the possibility of any such damage occurring.
- if we are found to be liable, our liability to you or any third party, howsoever arising - whether in contract, tort, negligence, strict liability in tort, by statute or otherwise - is limited to $100.00 AUD.
- You are responsible for any content that you post or transmit or that is posted or transmitted through or by use of your account.
- Content posted on WorkApp must be properly categorised and, where WorkApp allows restriction of visibility of postings by geographical area, restricted to the smallest area reasonably possible.
- You may not post content to WorkApp using any automated means. Users must post all content personally and manually through all steps of the posting process.
- Users must not post content on behalf of another person, except where an employee or agent is acting with the authority of that other person.
- All posts, including tenders, applications, advertisements you post on WorkApp must comply with all applicable legislation, regulations, by-laws, ordinances and codes of conduct applicable in your local jurisdiction, including but not limited to:
- competition and consumer legislation;
- criminal laws;
- fair trading;
- specific laws applicable to the business that you operate;
- anti-discrimination and equal opportunity legislation.
- You acknowledge that, to ensure that WorkApp provides the best experience for users and contains fewer obsolete search results:
- we are entitled to set time limits for any category of posting on WorkApp, following which such postings are no longer visible to other users or are deleted from WorkApp entirely;
- we may also require you to re-activate your posting from time to time via WorkApp in order to remain visible to other users; and
- from time to time, and at our sole discretion, we may change time limits or methods of re-activation.
- The current time limits and methods of reactivation are provided in the table below:
Category Time limit Reactivation method What happens upon expiry? Job Vacancies & Tender Posts Closing Date Update the closing date Post is de-activated Business & Community Organisation Profiles 30 days Refresh button Profile is flagged as expired Worker & Machinery Profiles Next day at 2pm local time Refresh button Profile is flagged as expired Event Posts Event End Date & Time Update the Event end date Post is de-activated All other posts Next day at 2pm local time Refresh button Post is flagged as expired.
- Content prohibited from WorkApp includes (but is not limited to):
- content in facilitation of the distribution, provision or receipt of illegal goods or services;
- illegal or offensive content (including, without limitation, defamatory, threatening, hateful or pornographic content);
- content that discloses another's personal, confidential or proprietary information without that person’s consent;
- false or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads transmitted via WorkApp);
- malicious content (including, without limitation, malware or spyware);
- content that advertises or links to posting or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services or bulk telephone numbers;
- content that is used to recruit for pyramid schemes or any ulterior or fraudulent purpose;
- content that offers, promotes, advertises or provides links to unsolicited products or services.
- content that includes the offer for sale of guns, ammunition, explosives or weapons of any form or illicit drugs.
- You agree that you will promptly notify us if you become aware of any prohibited content on WorkApp.
- The copyright to all content on this WorkApp including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
- All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this WorkApp are either owned by us or we have a licence to use them. Your access to WorkApp does not create a license for you to use those marks in any way without our prior written permission.
- Any content published on WorkApp, including any comment, feedback, idea or suggestion which you provide to us through this WorkApp becomes our property. If in future we use that information in promoting WorkApp or in any other way, we will not be liable to you in relation to such use. Further, you agree that we are entitled to use such content for any commercial or non-commercial purpose without compensation to you or to any other person.
- You acknowledge that you are responsible for the content of any material you publish on WorkApp including its legality, originality and copyright. You warrant that any material you publish does not infringe the rights of third parties in any way.
- When you visit WorkApp, we give you a limited licence to access and use our information for your personal use. The licence to access and use the information on WorkApp does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to Metatag or mirror WorkApp without our prior written permission. We reserve the right to serve you with notice if we become aware of your Metatag-ing or mirroring of WorkApp.
- Except for the limited purposes of legitimate fair dealing, you are not permitted to copy, reproduce, republish, distribute or display any of the information on this WorkApp without our prior written permission.
- At this time, using WorkApp is free, but we reserve the right to charge fees for certain services. If the service you use incurs a fee, you will be able to review and accept terms that will be clearly disclosed at the time you wish to use the relevant service on WorkApp. All fees will be quoted in Australian Dollars, and we may change them from time to time by posting details of such changes on WorkApp.
- This WorkApp may from time to time contain hyperlinks to other websites or apps:
- Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website or app. Any hyperlink on WorkApp to another website or app does not imply our endorsement, support, or sponsorship of the operator of that website or app nor of the information and/or products which they provide.
- Links to PayPal or any other online payment facilitator are provided for convenience only and no endorsement of, or association with, such providers is expressed by us. We are in no way responsible for any loss, harm or damage incurred by you or any third party in using same. You acknowledge that your use of such payment services is on an entirely separate basis from your use of WorkApp and governed by the provider’s own terms and conditions.
- You may link to WorkApp with our written consent only. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of WorkApp's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials or imply that you are in any way associated with WorkApp.
- These terms and conditions are to be governed by and construed in accordance with the laws of Queensland, Australia and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Queensland, Australia and you agree to submit to the jurisdiction of those Courts.
- If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
- If you have created a ‘Worker profile’ you warrant that your profile is accurate and complete in all relevant respects and that you have not provided any information (including but not limited to information regarding your skills, experience, qualifications or work history) that is intended to mislead a potential employer or any other person using this WorkApp.
- While you are actively seeking work as an Employee, you consent to us sending you a daily automated (notification) to the mobile phone number you have supplied to us at approximately 6:00am and 12:00pm each day asking you to confirm whether you will be available to work the following day. If you indicate that you are not active, or do not respond, you will not be visible to potential employers seeking workers for the following day.
- If you indicate your status as "Inactive" via WorkApp, the frequency of (notifications) will reduce to one per week until you reactivate your profile.
- We do not warrant that any position to which you apply is suitable for your experience, skills or qualifications, nor do we warrant that you will find suitable employment through the use of our service.
- You acknowledge that we are not an employer or recruiter and have no liability to you in respect of any employment claims, including salary, wages, employee benefits and statutory entitlements.
- If you have indicated that you are actively seeking contract work by way of on-call work, you consent to us sending you an automated notification to the mobile phone number, or an email to the email address, you have supplied to us, as applicable, at 6:00am and 12:00pm each day asking you to confirm whether you will be available to undertake work the following day. If you indicate that you are not active, or do not respond, you will not be visible to potential customers or clients for the following day.
- We do not screen or vet, nor are we responsible for screening or vetting, potential Employees or any statements or representations made by them (including an Employee’s identity, skills, experience, qualifications, work experience or other matters) whether oral or in writing, including any representations appearing in job candidates’ profiles or resumes.
- You further acknowledge that we are not responsible to you in any way for any misrepresentation made by Employees, whether on WorkApp or to you in person, or for any failure by you to vet potential Employees.
- You acknowledge that we do not warrant or represent that you will find a suitable Employee by the use of WorkApp.
- You may not use the job advertisement feature on WorkApp for any purpose other than genuinely seeking Employee(s).
- You acknowledge that you are responsible for all payments to any Employees, including salary, wages, employee benefits and statutory entitlements and indemnify us in respect of any claim arising from your non-payment of such amounts.
Access and Registration
Exclusions and Limitation of Liability
General rules as to content
Intellectual Property Rights
WorkApp Pty Ltd is committed to collecting only the minimum amount of
personal information from you to provide you with the best possible customer
service experience and comply with its legal obligations.
We may store your personal information on our servers, or those of our third party providers, anywhere in the world.
"Personal information" is information that can be associated with a specific person and could be used to identify that specific person, including:
- your name, addresses, telephone numbers or email address or other information that we may require you to provide when establishing your account. It can also include any other information you provide or post while using WorkApp.
- additional information we are required or authorised by applicable national laws to collect and process in order to authenticate or identify you or to verify the information we have collected
- the following non-personally identifiable information, including but not limited to geo-location information, browser type, version and language, operating system, pages viewed while browsing WorkApp, page access times and referring website address. This collected information is used solely internally for the purpose of gauging visitor traffic, trends and delivering personalised content to you while you are using the Services.
Purpose of Collection
We use the personal information we collect to: provide and improve our Services, to provide you with a personalised experience on our sites (especially, by offering you services and items that you may like), to contact you about your account and our Services, to provide you customer service, to provide you with personalised advertising and marketing, and to detect, prevent, mitigate and investigate fraudulent or illegal activities.
Disclosing your personal information
We may disclose your personal information to the following parties and for the following purposes:
- to law enforcement or governmental agencies, or authorised third parties, in response to a verified request relating to a criminal investigation or alleged or suspected illegal activity or any other activity that may expose us, you, or any other of our users to legal liability.
- to third parties involved in a legal proceeding, if they provide us with a subpoena, court order or substantially similar legal procedure, or we otherwise believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity
- to PayPal for the following purposes:
- to prevent, detect, mitigate and investigate potential fraud or security breaches
- to facilitate the expedient processing of payments when you pay using PayPal as a payment processor
Accessing and correcting your personal information
You agree to update your personal information immediately if it changes or is inaccurate. You can see, review and change your personal information by signing in to your account.
You have a right to access your personal information, subject to exceptions allowed by law. If you would like to do so, please let us know. You may be required to put your request in writing for security reasons. WorkApp reserves the right to charge a fee for searching for, and providing access to, your information on a per request basis.