WorkSpo is an online platform that connects users with Service Providers who are able to perform a variety of jobs across Australia
WHAT PARTS OF THESE TERMS APPLY TO ME?
This agreement governs your use of WorkSpo, an online platform that connects users with Service Providers who are able to perform a variety of jobs across Australia (Platform) and any other services made available through the Platform. By using the Platform, you agree to be bound by this agreement which forms a binding contractual agreement between you, the User, and us, WORKSPO PTY LTD ABN 74 672 503 856 (WorkSpo, we or us).
The remainder of this agreement is divided into three parts:
Part A (All Users), which sets out terms that apply to all Users;
Part B (Service Providers), which sets out additional terms that apply to Service Providers, being users who respond to job listings from Customers; and
Part C (Customers), which sets out additional terms that apply to Customers, being users who post job listings (Job Listing) on the Platform Service Providers.
If you intend to use the Platform as a Service Provider, only Part A and Part B of these terms will apply to you.
If you intend to use the Platform as a Customer, only Part A and Part B of these terms will apply to you.
When we talk about the “Services” in this agreement, we are referring to our mobile applications available on the Apple iOS Store and the Google Play Store, our website and any associated services we offer.
If you access or download our mobile application from the Apple App Store or Google Play Store, you agree to Apple’s Licensed Application End User License Agreement and any Usage Rules set forth in the App Store Terms of Service or the Android, Google Inc. Terms and Conditions including the License Agreement and Terms of Application.
We may use Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
All Users
ELIGIBILITY
This Platform is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you are over the age of 18 years and accessing the Platform for personal use.
Please do not access the Platform if you are under the age of 18 years old, or if you have previously been suspended or prohibited from using the Platform.
If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “User” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.
ACCOUNT
In order to use most of the functionality of the Platform, all Users are required to sign-up, register and receive an account through the Platform (an Account).
Creating an Account to access the Platform is free for all Users.
As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, and other information as determined by WorkSpo from time to time.
You warrant that any information you give to WorkSpo in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
You may register for an Account using your Facebook or other social media network account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to your current profile photo and other basic information.
Correspondence between Users must take place on the Platform. You agree to ensure that your Account does not display any of your personal contact information at any time such that it can be viewed by any other User. You agree to not give your contact details to any other User.
Once you complete the Account registration process, WorkSpo may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
WorkSpo reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
WorkSpo may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.
subscription
Signing up
The Platform supports additional functionality for certain users (Premium Users).
To become a Premium User, you will be required to select a subscription with the inclusions as set out on the Platform (Subscription) and pay the required subscription fees (Subscription Fees).
By becoming a Premium User and paying the Subscription Fees, you represent and warrant that you are authorised to use the debit or credit card you provide for your Subscription.
Your Premium User status will be valid for the time period stipulated on the Platform at the time of signing up for your Subscription (Subscription Period).
Subscribing to become a Premium User constitutes your acceptance to enter into a contract between us under these Terms, where you will be entitled to be a Premium User in exchange for your payment of the Subscription Fees specified upon checkout.
These Terms are not agreed between you and us until we have approved your payment of the Subscription Fees and you receive an email from us confirming that your Subscription has been accepted.
subscription fees:
All Subscription Fees are:
as displayed and accepted by you at the time of checkout; and
in Australian dollars.
(Payment obligations) You must pay the Subscription Fees in full or otherwise in the instalments specified at the time of your Subscription.
(Recurrent subscription) Your obligation to pay the Subscription Fees will continue to renew automatically at the end of every Subscription Period for the same duration as your previous Subscription Period. For example, if you initially purchase a monthly Subscription, a further monthly Subscription will automatically apply unless you notify us that you wish to cancel your existing Subscription prior to the end of the Subscription Period.
(Automatic billing) The Subscription Fees will be automatically debited from the nominated payment method used at the time of your Subscription. Whilst we will endeavour to notify you before the Subscription Fees are automatically debited, you acknowledge and agree that you are required to make an initial and recurring payment of the Subscription Fees and accept responsibility for all recurring charges prior to termination of your Subscription.
(GST) Unless otherwise indicated, amounts stated on the Platform include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice to you.
(Card surcharges) We reserve the right to charge credit card surcharges in the event that payment of the Subscription Fees are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
(Online payment partner) We currently use the third-party payment provider Stripe (Payment Provider), to collect payment of the Subscription Fees for your Subscription. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your Subscription Fees. The Payment Provider’s terms can be accessed here: https://stripe.com/au.
(Changes to Subscription Fees) We reserve the right, from time to time, to change the Subscription Fees. We will provide you with reasonable notice before implementing any such changes and you may cancel your Subscription, in accordance with clause 19, if you do not agree with the changed fees.
(Pricing errors) In the event that we discover an error or inaccuracy in the Subscription Fees for your Subscription, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of subscribing at the correct Subscription Fees or cancelling your Subscription. If you choose to cancel your Subscription and the Subscription Fees have already been debited, the full amount will be credited back to your original method of payment.
(Late payments) We reserve the right to suspend all or part of the Services indefinitely if you fail to pay any Subscription Fees in accordance with this clause 3.2.
refunds
Except as otherwise set out on our website or required by law (including the Australian Consumer Law), we generally don’t offer refunds for any of our Subscriptions and any refunds we issue will be solely at our discretion. Please let us know if you have any issues as a Premium User that you think should entitle you to a refund and we’ll consider your situation.
USER OBLIGATIONS
As a User, you agree:
not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify WorkSpo of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;
to not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive services, including by not using the Platform:
in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes); and
in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by WorkSpo;
not to act in any way that may harm the reputation of WorkSpo or associated or interested parties or do anything at all contrary to the interests of WorkSpo or the Platform;
not to make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of WorkSpo;
that WorkSpo may change any features of the Platform or Services offered through the Platform at any time without notice to you;
that information given to you through the Platform, by WorkSpo or another User including a Service Provider, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
that WorkSpo may cancel your account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 3.
POSTED MATERIALS
WARRANTIES
By providing or posting any information, materials or other content on the Platform (Posted Material), you represent and warrant that:
you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
the Posted Material is accurate and true at the time it is provided;
any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
the Posted Material is not “passing off” of any product or service and does not constitute unfair competition;
the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
the Posted Material does not breach or infringe any applicable laws.
LICENCE
You grant to WorkSpo a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for WorkSpo to use, exploit or otherwise enjoy the benefit of such Posted Material.
If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release WorkSpo from any and all claims that you could assert against WorkSpo by virtue of any such moral rights.
You indemnify WorkSpo against all damages, losses, costs and expenses incurred by WorkSpo arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.
REMOVAL
WorkSpo acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, WorkSpo may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material.
You agree that you are responsible for keeping and maintaining records of Posted Material.
REFUNDS, SERVICE INTERRUPTIONS AND CANCELLATIONS
WorkSpo will have no liability or obligation to you if:
a Customer or Service Provider cancels at any time after the time for performance of the Job Listing is agreed; or
for whatever reason, including technical faults, the services in a Job Listing cannot be performed or completed,
and you will not be entitled to any compensation from WorkSpo.
SERVICE LIMITATIONS
The Platform is made available to you strictly on an ‘as is’ basis. While WorkSpo will use its best endeavours to ensure the Platform is always functional, you acknowledge and agree that WorkSpo cannot promise that at all times:
the Platform will be free from errors or defects;
the Platform will be accessible at all times;
messages sent through the Platform will be delivered promptly, or delivered at all;
information you receive or supply through the Platform will be secure or confidential; or
any information provided through the Platform is accurate or true.
INTELLECTUAL PROPERTY
WorkSpo retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Services (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (ServiceContent) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
In this clause 9, “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.
THIRD PARTY CONTENT
The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). WorkSpo accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.
THIRD PARTY TERMS
We may use a number of third party service providers and affiliates to power the Platform, including Stripe (Third Party Providers).
Any service that requires WorkSpo to acquire goods and services supplied by a third party on behalf of the Customer (including a third party payment service) may be subject to the terms and conditions of that third party (Third Party Terms), including ‘no refund’ policies.
Users agree to familiarise themselves with any Third Party Terms applicable to any such goods and services and, by instructing WorkSpo to acquire the goods or services on the User’s behalf, the User will be taken to have agreed to such Third Party Terms, provided we have used reasonable endeavours to draw your attention to the relevant Third Party Terms prior to your use of the relevant Third Party Providers’ services.
Users agree that to the maximum extent permitted by law, we, WorkSpo will not be liable for the security or performance of such Third Party Providers or any losses the Users might suffer in connection with Third Party Terms or the Services supplied by Third Party Providers.
DISPUTES BETWEEN USERS
You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.
If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to WorkSpo via [insert]. We will assess the complaint and attempt to quickly and satisfactorily resolve it.
Any costs you incur in relation to a complaint or dispute will be your responsibility.
WorkSpo has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.
WorkSpo reserves the right to hold funds in relation to a dispute until the dispute is resolved by the relevant parties or by a mediator or arbitrator.
If you have a dispute with WorkSpo, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.
Notwithstanding any other provision of this clause 12, you or WorkSpo may at any time cancel your Account or discontinue your use of the Platform.
SECURITY
WorkSpo does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.
DISCLAIMER
(Introduction service) WorkSpo is a medium that facilitates the introduction of Customers and Service Providers for the purposes of Customers listing jobs that the Service Providers are able to complete. WorkSpo simply collects a job fee in consideration for providing this introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, Customers and Service Providers in relation to such services or otherwise resulting from the introduction.
(Limitation of liability) To the maximum extent permitted by applicable law, the maximum aggregate liability of WorkSpo to any person in respect of loss or damage sustained under or in connection with these Terms is limited to the total fees received by WorkSpo from the affected party in the 12 months prior to the event giving rise to the relevant liability (or where there are multiple events, the first such event). If no fees have been received by WorkSpo from the relevant party, then the liability of WorkSpo will be limited to one hundred dollars.
(Disclaimer) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded.
(Consumer law) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
(Indemnity) You agree to indemnify WorkSpo and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives’:
fraudulent, or criminal act and/or omission;
use of the Platform; or
your provision or receipt of Services from another User.
(Consequential loss) To the maximum extent permitted by law, under no circumstances will WorkSpo be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Platform, this agreement or their subject matter, or any services provided by any Service Provider (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
CONFIDENTIALITY
You agree that:
no information owned by WorkSpo, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
all communications involving the details of other users on this Platform and of the Service Provider are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.
PRIVACY
You agree to be bound by the clauses outlined in WorkSpo’s Privacy Policy, which can be accessed here [link].
COLLECTION NOTICE
We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.
NOTICE REGARDING APPLE
If you are accessing the Services from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree:
this agreement is are between you and WorkSpo and not with Apple. Apple is not responsible for the Services or any content available on the Services;
Apple has no obligation whatsoever to furnish any maintenance and support services for the Services;
in the event of any failure of WorkSpo to conform to any applicable warranty, you may notify Apple, and Apple will refund the price for the Services. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be WorkSpo’s responsibility;
Apple is not responsible for addressing any claims by you or any third party relating to the Services, including, but not limited to:
product liability claims;
any claim that the Services fails to conform to any applicable legal or regulatory requirement; and
claims arising under consumer protection, privacy, or similar legislation;
in the event of any third party claim that the Services or your use of the Services infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim;
that you represent and warrant that:
you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting’” country; and
you are not listed on any U.S. Government list of prohibited or restricted parties;
you must comply with applicable third party terms of this agreement when using the Services; and
Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and that, upon your acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary.
TERMINATION
Termination by you
You are responsible for the Termination of your Account and/or your Subscription. You can terminate your Account and/or Subscription at any time by using the functionality provided on the Platform. Your Subscription will end in the then billing cycle, and you will be charged for that billing cycle.
TERMINATION BY US
To the extent permitted by law, WorkSpo reserves the right to terminate a User’s access to any or all of the Platform (including any listings, memberships or Accounts) and/or Subscription at any time without notice, for any reason.
In instances where your Subscription has been terminated, we will refund you any Subscription Fees for any benefits as a Premium User you have paid for and not received.
We may also terminate your access to the Platform and/or Subscription at any time without notice without issuing a refund if you breach any provisions of these Terms.
EFFECT OF TERMINATION
In the event that a User’s Account is terminated:
the User’s access to all posting tools on the Platform will be revoked;
the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and Job Listings or requests);
the User may be unable to view the details of other Service Providers (including contact details, geographic details and any other details), and all Job Listings previously posted by the respective User will also be removed from the Platform; and
any Subscription Fees paid are non-refundable (except in accordance with clause 19.1(c)).
Users may terminate their Account, and any other Subscription they hold in connection with the Platform, at any time by using the Platform’s functionality, where such functionality is available. Where such functionality is not available, WorkSpo will effect such termination within a reasonable time after receiving written notice from the User.
Notwithstanding termination or expiry of your Account, this agreement, or any other Subscription you hold in connection with the Platform, the provisions of Part A and any other provision in this agreement which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.
TAX
You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Platform, and WorkSpo will not be held accountable in relation to any transactions between Customers and Service Providers where tax related misconduct has occurred.
RECORD / AUDIT
To the extent permitted by law, WorkSpo reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving WorkSpo.
NOTICES
A notice or other communication to a party under this agreement must be:
in writing and in English; and
delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
when replied to by the other party,
whichever is earlier.
GENERAL
GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
WAIVER
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
SEVERANCE
Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
COSTS
Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.
ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
INTERPRETATION
(singular and plural) words in the singular includes the plural (and vice versa);
(gender) words indicating a gender includes the corresponding words of any other gender;
(defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
(document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(headings) headings and words in bold type are for convenience only and do not affect interpretation;
(includes) the word “includes” and similar words in any form is not a word of limitation; and
(adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.
Service Providers
ELIGIBILITY AND QUALIFICATIONS
You acknowledge and agree that you must only list yourself available to complete jobs when you are available to complete the specified job listed by the Customer, at the agreed upon location (Available for Work).
If in any of your Job Listings or anywhere on your Account you hold yourself out to possess certain qualifications (Qualifications), you warrant to WorkSpo that you do hold such Qualifications and if requested, will promptly provide WorkSpo with evidence of the Qualifications.
You must at all times maintain a valid working with children check in the jurisdiction you will offer your services in, if you are required to do so. WorkSpo is under no obligation to confirm the status of your eligibility to work with people under 18 years old. You indemnify WorkSpo against any claim that may arise in connection with your eligibility to work with people under 18 years old.
Job Listings
You acknowledge and agree that:
where a Customer posts a request for services on the Platform (Job Listing), you must use your best endeavours to provide as much information as possible when responding (Job Offer);
the Customer may choose not to accept any Job Offer you submit to the Platform;
any information you supply in a Job Offer must be true, timely and accurate;
you must take all reasonable steps to complete the services as described in every Job Listing that is accepted by a Customer, including by not cancelling any part of a Job Offer;
you must deal with any dispute with a Customer in accordance with clause of Part A;
any additional terms and conditions relating to a Job Listing, or a quote provided via the Platform, are solely between you and the relevant Customer and do not involve WorkSpo in any way, except that they must not be inconsistent with your or the Customer’s obligations under this agreement; and
WorkSpo will have no responsibility for the accuracy, reliability or timeliness of any Customer’s response to a Job Offer.
Shift work
Customers may require Service Providers to perform “shift work,” where the Service Provider will be required to work for a set number of hours performing a specific task within a workplace for a Customer (Shift Work).
Shift Work will be labelled as a separate type of job in the Job Listing.
Where a Customer posts a Job Listing for Shift Work, you must submit a Job Offer on the Platform.
You acknowledge and agree that:
any information you supply in a Job Offer for Shift Work is true, timely and accurate;
any additional terms and conditions relating to Shift Work, or a quote provided via the Platform, are solely between you and the relevant Customer and do not involve WorkSpo in any way, except that they must not be inconsistent with your or the Customer’s obligations under this agreement; and
your provision of Shift Work for the relevant Customer does not constitute any form of employment relationship with that Customer.
For the avoidance of doubt, all terms found in Part B of these Terms will apply to Service Providers who provide Shift Work for Customers.
PROVISION OF SERVICES
You must ensure that all services that you submit a Job Offer for that is accepted by a Customer are provided:
in accordance with all applicable laws, regulations, tax obligations and industry standards;
with due care and skill and in a professional, punctual and diligent manner;
so that the services are fit for their intended purpose; and
on the date and at the times set out in the Job Listing.
You acknowledge and agree that a Customer may review any Job Listing or services you provide under a Job Listing on the Platform in accordance with clause 4 of Part C of this agreement.
If a Customer requests to reschedule the delivery time for the services listed in a Job Listing, you may choose to accept or reject such a request.
FEES
Viewing the Platform and submitting a Job Offer in response to a Job Listing is free.
You will be required to quote the cost of providing the services to a Customer specified in each Job Listing (Quoted Amount).
For all Service Providers, we will charge a percentage of the Quoted Amount (Job Fee) for each Job Offer that is accepted by a Customer.
The exact Job Fees charged are listed on WorkSpo’s website, which can be found [insert].
Job Fees may vary depending on if you are:
a Premium User;
not a Premium User; and
performing Shift Work.
WorkSpo reserves the right to change Job Fees that Service Providers will be charged from time to time.
If WorkSpo increases Job Fees, we will inform all Users of any changes and list these changes on our website.
The Quoted Amount minus the Job Fee (Your Fee) will be held in your Stripe account, by Stripe until the Job Listing has been completed (Completion).
Once Completion has occurred, Your Fee will be transferred to your nominated bank account in accordance with Stripe’s terms and conditions.
You:
appoint the Stripe as your limited collection agent solely for the purpose of accepting Your Fee from the Customer;
agree that payments made by Customers to Stripe (acting as your collection agent) will be considered the same as payments made directly to you; and
agree that all payments to your nominated bank accounts will be made in accordance with the timing specified by Stripe, which may vary depending on your geographic location. Stripe’s current payment terms are available here: https://stripe.com/docs/payouts.
WorkSpo reserves the right to change or waive the Job Fee at any time by updating this agreement, on written notice to you. We will provide you with at least 14 days’ written notice if this occurs, and upon receipt of such notice you will have the right to terminate this agreement immediately, on written notice to us. Your continued use of the Services after you receive such written notice will constitute your consent to the change and/or waiver set out in that notice.
You acknowledge and agree that, unless applicable laws or regulations require otherwise, taxes (including GST) will be calculated and charged on the Quoted Amount and we will calculate the Job Fee on an amount equal to the Quoted Amount plus any taxes applicable to the Quoted Amount.
REFUNDS & CANCELLATIONS
Without limiting or otherwise affecting the terms of this agreement, if you wish to cancel a service set out in an accepted Job Listing, before you have performed all the relevant services, you must contact us using the Platform’s functionality, including by providing details as to why you are cancelling. If WorkSpo decides to investigate your request, you must provide assistance and information to WorkSpo as reasonably requested.
You must ensure that your cancellation policy and refund policy in relation to you or Customers cancelling an accepted Job Listing is in compliance with all applicable laws.
If we accept your request to cancel a service set out in an accepted Job Listing, we may take one or more of the following actions:
cancel your Account and/or any membership you hold in connection with the Platform;
refund the Quoted Amount to the relevant Customer; and
if we refund the Quoted Amount, require you to pay all or part of the Quoted Amount to us, and issue you with an invoice for that amount.
The Job Fee is by default non-refundable for change of mind. However, WorkSpo may, in its absolute discretion, issue refunds of the Job Fee in certain circumstances.
You agree to honour and comply with the process set out in this clause 6 in the event of a pricing error in a Job Listing.
BYPASSING
You agree that while you are a Service Provider on the Platform, regardless of the reason that your Account was suspended or cancelled, you will not, either directly or indirectly, solicit or attempt to solicit any business, work, income or other benefit, from any Customer whom you came to know about, or with whom you provided goods or services to directly or indirectly, by using the Platform. This provision will apply whether or not the Customer or their representative is still active on the Platform.
WorkSpo may, in its absolute discretion, cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 7.
BINDING CONTRACT
You agree that when a Customer accepts your Job Offer made in response to their Job Listing, this constitutes their intention and offer to enter into a contract with you, where you will provide the Customer with the service as specified in the relevant Job Listing, in exchange for payment of the relevant Quoted Amount. A contract is formed in this respect (between you and the Customer) when you respond to an email or message on the Platform confirming that you accept the Customer’s offer.
RATINGS AND REVIEWS
Service Providers may rate a Job Listing (Rating) and/or may provide feedback to Customers regarding their experience whilst performing the services (Review).
Service Providers’ Ratings and Reviews can be viewed by any User and will remain viewable until the relevant Customer Account and/or Job Listing is removed or terminated.
Service Providers must only provide true, fair and accurate information in their Reviews.
If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review and/or ban the relevant Service Provider from posting further Reviews. We do not undertake to review each Review made by Service Providers.
To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
You may not publish Reviews of Customers to whom you have a personal or professional relationship (separately from the Platform).
You may only write a Review about a Customer if you have had a service experience with that Customer, which means that you can document your performance of services for a Customer as part of a Job Listing (Service Experience)
You may only write about your own Service Experience. You are not permitted to write a Review about somebody else’s Service Experience, such as that of a family member or friend.
Your Service Experience must have occurred within the last 12 months when you submit a Review.
You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a Customer to write a Review, you should include information about this in your Review. Incentives include the Customer’s offering you a gift, reward, discount or advantage for writing a Review about the Customer.
WARRANTIES
By listing yourself as a Service Provider on the Platform, posting a Job Offer in response to a Job Listing, you represent and warrant that:
you are able to fulfil the requirements of the services specified in the Job Listing;
you will provide services to each Customer:
using suitably qualified and trained personnel exercising due care and skill in a professional, efficient, diligent and safe manner, and to the best industry standards; and
in compliance with all applicable laws; and
any individuals involved in your performance of services to any Customer have not been previously convicted of an indictable offence.
Customers
Job LISTINGS, Job Offers AND FEES
You acknowledge and agree that:
if you accept a Job Offer made in relation to a Job Listing, that will constitute your offer and intention to enter into a contract with the Service Provider;
for each Job Offer that you accept in relation to a Job Listing you have posted on the Platform, the Quoted Amount will be debited from your Account; and
any terms and conditions relating to services or a quote provided via the Platform are solely between you and the relevant Service Provider and do not involve WorkSpo in any way, except that such terms and conditions must not be inconsistent with your or the Service Provider’s obligations under this agreement.
When you submit a Job Listing on the Platform, you must:
only submit requests that are bone fide and accurate; and
truthfully fill out all the information requested by the Platform in relation to the Job Listing.
Shift Work
Customers may submit Job Listings for Service Providers to perform Shift Work.
When submitting Job Listings for Shift Work, Customers must provide:
the time the Shift Work will start;
the expected hours the Service Provider will work;
the location of the Shift Work; and
any additional information that the Service Provider would reasonably require in order to decide on whether to submit a Job Offer for Shift Work.
Nothing in these Terms deems a Service Provider who performs Shift Work to be an employee of any Customer.
Any Customer who attempts to entice, communicate or solicit a Service Provider who performs Shift Work to become their employee will be in breach of these Terms, as per clause 7.
For the avoidance of doubt, all terms found in Part C of these Terms will apply to Customers who submit Job Listings requesting Shift Work.
PAYMENT
(Payment obligations) Unless otherwise agreed in writing with the Service Provider, you must pay for all services specified in an accepted Job Listing prior to the Service Provider performing those services.
(Card surcharges) Our Online Payment Partner may charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
(Pricing errors) In the event that we discover an error or inaccuracy in any price at which your order was purchased via the Platform, we will attempt to contact you and inform you of this as soon as possible. Subject to agreement with the Service Provider, you will then have the option of purchasing the relevant services at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
CANCELLATIONS
WorkSpo will have no liability or obligation to you if a Service Provider cancels a Job Listing after it has been agreed and you will not be entitled to any compensation from WorkSpo in relation to any such cancellation, including any portion of the Job Fee.
If you wish to cancel services specified in an agreed Job Listing, before the Service Provider has performed them, you must contact the Service Provider. If WorkSpo decides to investigate your cancellation, you must provide assistance and information to WorkSpo as reasonably requested.
If you cancel a service specified in an agreed Job Listing, whether the relevant Quoted Amount paid by you is refundable will depend on the cancellation policy and refund policy of the relevant Service Provider.
RATINGS AND REVIEWS
Customers may rate a Job Listing (Rating) and/or may provide feedback to Service Providers regarding the services Customers received from them (Review).
Customers’ Ratings and Reviews can be viewed by any User and will remain viewable until the relevant Service Provider Account is removed or terminated.
Customers must only provide true, fair and accurate information in their Reviews.
If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review and/or ban the relevant Customer from posting further Reviews. We do not undertake to review each Review made by Customers.
To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
You may not publish Reviews of Service Providers to whom you have a personal or professional relationship (separately from the Platform).
You may only write a Review about a Service Provider if you have had a buying or service experience with that Service Provider, which means that:
you have purchased a product or service from that Service Provider via the Platform; or
you have placed an order with the Service Provider via the Platform; or
you can otherwise document your use of the Service Provider’s service, including via correspondence or other interaction with the Service Provider via the Platform,
(collectively referred to as a Service Experience).
You may only write about your own Service Experience. You are not permitted to write a Review about somebody else’s Service Experience, such as that of a family member or friend.
You may not write a Review about a Service Provider you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that Service Provider, or work for the Service Provider. Similarly, you may not write a Review about a direct competitor to the Service Provider you own, are employed by or work for.
Your Service Experience must have occurred within the last 12 months when you submit a Review.
You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a Service Provider to write a Review, you should include information about this in your Review. Incentives include the Service Provider offering you a gift, reward, discount or advantage for writing a Review about the Service Provider.
LINKED BUSINESSES
You acknowledge and agree that:
the Platform provides links and introductions to Service Providers owned and operated by third parties that are not under the control of WorkSpo;
the provision by WorkSpo of introductions to Service Providers does not imply any endorsement or recommendation by WorkSpo of any Service Provider;
WorkSpo does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Service Provider who uses or is listed on the Platform; and
any terms and conditions relating to a Job Listing or quote provided via the Platform constitute a contract between you and the Service Provider once agreed in accordance with clause 1 and do not involve WorkSpo in any way.
COMMUNICATION OUTSIDE THE PLATFORM
You must not communicate with a Service Provider, or request or entice a Service Provider to communicate with you, outside the Platform (except in the course of accepting Service Provider services that were agreed in a Job Listing).
WorkSpo, in its absolute discretion, may cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 7.