Capitalised terms used throughout these Terms have the meaning given to them indicated below:
Account Information means all information about you that you provide to us in connection with the creation or administration of your account on the Platform. As a Migration Specialist, this will include usernames, names, phone numbers, email addresses, credit card and billing details, registered address, and professional qualification numbers or identification.
Agreement means these terms and conditions and other policies and guidelines referenced within our Platform, including the Privacy Policy.
Confidential Information means any information, which is non-public and disclosed by WorkinAUS (whether in writing or verbally) to the Migration Specialist, or which is otherwise obtained by the Migration Specialist either directly or indirectly, including:
information regarding WorkinAUS’ software programs or processes, customers, pricing information, strategies, business objectives, business plans, investions, intellectual property, existing inventions, techniques, processes, algorithms, products, employees, sales matters;
any materials or information brought into existence in connection with the Migration Specialist provision of services with other users of the Platform; or
any material or information acquired or made available by WorkinAUS which is not in the public domain and which by its nature is confidential.
Content means all content and information available through the Platform, whether written, visual, audio or audio-visual, and includes User Content and Third Party Material, but excludes Account Information.
Employer means the entity responsible for listing a job opportunity.
End Client means users or Employers on the Platform that contact a Migration Specialist for migration, visa or legal services.
Intellectual Property Rights means all intellectual and industrial property rights and interests of whatever nature throughout the world conferred under statute, common law or equity, and includes rights in respect of, or in connection with, copyright, trade marks, domain names, designs, patents, confidential information, trade secrets, know-how, business or company names, or other proprietary rights (whether registered, unregistered or not registrable) and any rights to register such rights.
Migration Specialist means you, as a third party migration specialist or lawyer specifically listed on the online directory of the Platform and also any staff members used by your migration specialist agency or law firm.
Platform means the website www.workinaus.com.au and the app of the same name available on the Google Play store and the App Store, all of which is owned and operated by WorkinAUS.
You, your means you as an individual user of the Platform or the entity or organisation that you represent.
Application of the Terms
These Terms apply to Migration Specialists. By accessing and using the Platform, creating an account and/or engaging with other users (including Employers) to provide services, you warrant that you:
agree to be bound by these Terms;
are at least the age of majority in your state or territory of residence, or that you are the age of majority in your state or territory of residence; or
will not allow a third party or any other employee or personnel within your oganisation to access your account to post or advertise their services.
If you do not accept these Terms, you must not use or access the Platform or allow yourself to be listed on the Platform. For the avoidance of any doubt, this Platform is owned and operated by WorkinAUS.
We may amend these Terms from time to time. Any amendment will be effective immediately upon being posted on the Platform. Your continued use of the Platform after any amendment becomes effective will constitute your agreement to be bound by these Terms, as amended.
We reserve the right to vary or modify the Content or other information contained on or available via the Platform and to change or discontinue any feature or part of the Platform, without notice and without liability.
Nothing in the Agreement restricts WorkinAUS from advertising, marketing or selling products that are the same as, or similar to, your services as a Migration Specialist on the Platform.
Account creation
Before you can use certain parts of the Platform, you may be prompted to register an account on the Platform and to submit Account Information to do so. WorkinAUS will also contact you to verify your identity and qualifications. You must provide complete, current and accurate information when registering your account. Where there is a change to information relating to your account on the Platform, you must notify us in writing immediately.
We may reject any application to register as a Migration Specialist on our Platform in our sole discretion. Furthermore, we may suspend, terminate or cancel your account and/or your access to any or all of the Platform in our sole discretion. Where we suspend, terminate or cancel your account, you must not attempt to re-register without our prior written consent.
Unless stated otherwise, each account is for a single user only and not for multiple users. You must maintain the confidentiality and security of your login and password details, and you agree that you will not share your password, let anyone else access your account, market any other individual in your organisation, or do anything that might put the security of your account at risk. You are responsible for all activities which occur under your account. You must also notify us where there is any unauthorised use of your account.
Privacy
In addition to any obligations under our privacy policy, you agree that if you receive personal information of an End Client through the Platform, then:
you must collect all necessary consents and inform the End Client on how you collect, use, transfer, disclosure and protect the personal information of its clients;
at all times, you must comply with all applicable laws, including any privacy and data protection laws relevant to the individual End Client;
any information received regarding the End Client must only be used by you in relation to your genuine provision of professional advice or legal services;; and
you must not disclose End Client information to any third party, except with the End Client’s express prior consent.
Intellectual property
Subject to your ongoing compliance with these Terms, WorkinAUS grants to you, a limited, non-exclusive, non-transferable, and non-sublicensable right to access and use the Platform as follows:
access the Content;
display your professional information on the online directory of Migration Specialists to provide migration, visa or legal advice and representation;
access and submit an inquiry form to contact us;
but in each case, solely to market and provide your services to End Clients.
To the extent that you are purchasing access on behalf of its personnel, you irrevocably and unconditionally guarantees the compliance of each user with these Terms.
Except for the limited rights set forth above, no Intellectual Property Rights or other rights, express or implied, in or relating to the Platform will be acquired by you. Unless otherwise expressly stated in these Terms, WorkinAUS (and its licensors) owns all title, ownership, and all other rights to the Platform and the Content. All Intellectual Property Rights are reserved.
All trade marks and trade names which appear on the Platform are proprietary to WorkinAUS and/or its affiliates or licensors. Nothing on the Platform or contained in the Content should be interpreted as granting any rights to use or distribute any names, logos or trade marks except with the express written consent of the respective owner.
Warranties
You warrant to WorkinAUS that you:
are a duly registered Australian migration specialist or lawyer with a migration agent registration number or legal practicing number;
have the necessary experience, skill, competence and ability to provide professional migration and legal services;
will act with all due care and skill;
have obtained any compulsory insurances that are required by local regulatory authorities or professional bodies;
will provide professional services to End Clients that are fit for their intended purpose and will not infringe the intellectual property rights or other third party rights of a person;
will comply with all applicable laws in the provision of professional services to End Clients, including any privacy or data protection laws, codes of conduct or other ethical guidelines; and
have all the necessary rights, powers and authority to carry out obligations under this Agreement.
You must, at all times and at your own cost, obtain and maintain any and all licenses, certification, authorisations, consents, approvals, permits and insurances that are required by applicable law for you to provide the services to End Clients that are contemplated under these Terms, and notify WorkinAUS immediately in writing where there are any changes.
In your engagement with End Clients, you may sign an agreement, costs agreement or other documentation to provide migration or legal services. WorkinAUS is not and will not be a party to any agreement between you and the End Client.
User Content
You retain all of your rights to any User Content you submit to the Platform, except otherwise agreed in writing between the parties.
You are responsible for all User Content you submit via the Platform. You warrant that all User Content you submit:
is accurate, complete and not misleading;
does not infringe the rights (including Intellectual Property Rights and privacy rights) of any third party;
complies with these Terms and all applicable laws;
is owned by you, or you otherwise have the right to use such User Content, and that the submission, publication or display of the User Content on the Platform will not cause you or us to breach any law, regulation, rule, code or other legal obligation; and
does not contain any obscene, inappropriate, defamatory, disparaging, indecent, offensive, pornographic, threatening, abusive, racially insensitive or discriminatory material.
By submitting any other User Content, you grant us the royalty-free, non-exclusive and worldwide licence to use, modify, publicly display, reproduce and distribute such User Content on and through the Platform. Any public display of User Content shall exclude personal information, unless otherwise agreed by you to be shared.
We are under no obligation to regularly monitor the accuracy or reliability of the User Content posted by you. However, we reserve the right to modify or remove any User Content from the Platform at any time if we believe, in our sole discretion, that the User Content may breach any of these conditions or any law.
WorkinAUS may collect anonymized, de-identified information relating to use of the Platform in order to improve our products and services and for other reasonable internal uses. Further, WorkinAUS may aggregate such anonymized, de-identified information with anonymous, de-identified information of its other users and clients for purposes of creating and distributing case studies or industry reports as part of its products and services.
Where you provide any feedback, comments or suggestions regarding the Platform and its functionality, you agree that WorkinAUS is free to use, disclose and distribute the feedback for its internal business purposes without any obligations or restrictions of any kind.
Third Party Material
The Platform will contain hypertext, links, or other connections that allow you to access and use third party websites, products, services, materials or software, which are not owned, controlled or operated by WorkinAUS (“Third Party Material”). To use or access Third Party Material, you may be required to sign up or log into such third party websites or applications, which are solely governed by the terms and conditions and privacy policy of such Third Party Material.
You acknowledge and agree that:
we do not endorse and we are not liable for any Third Party Material, including its content, features, service quality or how information may be used, stored or processed;
we do not grant, or license to you, any rights in respect of the Third Party Material and therefore, any features or functionality of Third Party Material may be changed or terminated without notice to you or WorkinAUS;
we are not responsible for examining or evaluating the content or accuracy of the Third Party Material;
we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use or loss of use of, or reliance on, any Third Party Material.
Limitations of use
In accessing and using the Platform, including when providing User Content and interacting with other users of the Platform, you must not, and must not attempt to:
store or transmit:
unlawful, defamatory, false, misleading, untrue, abusive, obscene or tortious material;
material in violation of any third party rights; or
harmful codes, malware or viruses;
harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate any other user of the Platform;
infringe the intellectual property rights or privacy rights of any third party in connection with the use of the Platform;
interfere with or disrupt the integrity or performance of the Platform or the experience of any other user of the Platform;
scrape, copy, modify, create derivative works of, reverse engineer, decompile or otherwise extract the source code of the Platform or any of its Content or gain unauthorised access to the Platform or WorkinAUS’s networks;
republish, redistribute, sell, rent, sub-license, scrape, duplicate or copy any Content;
sell, rent, sub-licence, republish, redistribute or otherwise exploit the Platform or its Content or otherwise use the Platform or its Content to create a competing service;
sell, rent, license, lease, transfer, outsource, sublicense or otherwise provide access to the Platform or utilize the Platform for the benefit of a third party (subject to the Listing Terms);
allow any non-users to use any of your Account Information, identification information or passwords to access the Platform;
remove in whole or in part any trademarks, copyright and other proprietary notices contained in or appearing on any material you download and/or print from the Platform;
use the Platform for any unlawful purpose or in any way that would violate any law.
Payment processor terms
By using the Platform, you agree to adhere to Stripe’s Connected Account Agreement found here: https://stripe.com/au/connect-account/legal, which governs your use of Stripe Connect, and describes how you and the Platform uses Stripe’s services to process payments. Please review and agree to Stripe’s terms before continuing to use this Platform.
You acknowledge and agree that we may, from time to time, change our payment provider.
Fees
WorkinAUS will charge the following fees for the use of the Platform:
a flat fee as indicated on the Platform monthly in advance; and
10% of any revenue received from an End Client to the Migration Specialist.
You must pay the Fees for ongoing use of the Platform in full and in advance, using one of the payment methods we support. Any credit card information provided by the Employer must be correct and kept up to date.
WorkinAUS reserves the right to obtain a credit, or similar, check before conducting or continuing to conduct business with you. If so, you must either comply with WorkinAUS’ reasonable requirements or immediately stop using the Platform.
The Fees are subject to change with 30 days’ notice. Any such changes will apply on a prospective basis only.
If WorkinAUS offers any discounts on any Fees, it may do so subject to additional terms and conditions with which you must comply before you can take advantage of the discount.
Where GST, or an equivalent tax, is payable in respect of the Fees or any other payment under these Listing Terms, you are solely responsible for all such taxes payable under this Agreement.
Unless otherwise stated, all amounts are quoted in Australian Dollars.
If your credit card provider declines payment, we will retry the payment again within 24 hours. Where the payment is declined again, your access may be suspended or terminated. We may also charge you interest on late payments at the applicable cash rate specified by the Reserve Bank of Australia plus 2%, and any costs we incur in collecting payment from you.
Termination
This Agreement may be terminated by either party on written notice if the other party commits a breach of any term of these Terms which it has failed to remedy within 30 days of the date of the notice.
You may terminate your month-to-month subscription with WorkinAUS at any time and the subscription will terminate at the end of the then-current paid month.
Limitation of liability
The Platform and Content is provided by us in good faith on an “as is” basis. These Terms set out our entire liability to you in respect of all losses, claims or liabilities arising under or in connection with these Terms and your use of the Platform and its Content, whether in contract, tort (including negligence), breach of statutory duty, or otherwise.
To the maximum extent permitted by law:
your use of the Platform and its Content is at your own risk;
all warranties, representations and any liability which may arise in relation to your access to or use of (including any inability to use) the Platform or the Content is expressly excluded. Specifically, we do not warrant, guarantee or make any representation:
regarding the accuracy, adequacy, reliability, completeness or timeliness of the Content;
that the Content is suitable for your intended use;
that the Platform or Content is free from human or mechanical error, technical inaccuracies or other typographical errors or defects; and
we are not liable to you or any other party for any:
direct, indirect, incidental, special or consequential loss or damage, including personal injury, loss of programs or data, loss of business, loss of opportunity, business interruption, adverse effect on reputation and/or goodwill or lost profits, to the extent permitted by law;
loss, damage or inconvenience suffered due to the unavailability, withdrawal, corruption or loss of any Content; or
the actions of any other user of the Platform.
Nothing in this Agreement excludes, restricts or modifies any consumer guarantee, right or remedy available to either party, including any available under Schedule 2 of the Competition and Consumer Act 2010 (Cth), or any other applicable law that cannot be excluded, restricted or modified by agreement. To the extent that WorkinAUS is able to limit the remedies available under this Agreement, WorkinAUS expressly limits its liability for breach of a non-excludable statutory guarantee to the following remedies:
the supply of the services again; or
the payment of the cost of having the services supplied again.
Except for any liability of a party under any indemnity, to the maximum extent permitted by law, in no event will the aggregate liability of either party or its related bodies corporate arising out of or in connection with this Agreement (whether caused by breach of contract or tort (including negligence) or breach of statutory duty, in equity or arising in any other way) exceed the total fees paid or payable by you to WorkinAUS under the Agreement during the twelve (12) month period prior to the time at which the loss, cost, claim or damages arose.
Indemnity
You agree to indemnify, defend and hold WorkinAUS and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from and against any claim or demand, including reasonable legal fees: (a) made by any third party (including in respect of any user dispute) due to, or arising out of or in connection with, any of your User Content, or your violation of any law or the rights of a third-party, including privacy and intellectual property rights; (b) for any breach of intellectual property rights of WorkinAUS; and (c) any damage or loss or claim by any End Client.
Maintenance
You acknowledge and agree that from time to time we may need to suspend access to all or a part of the Platform or Content made available via the Platform, including for maintenance purposes. As a result, there may be times that the Platform and/or its Content may not be accessible or unavailable to you. For the avoidance of doubt, nothing in these Terms requires us to take such actions.
Dispute Resolution
In the event of a dispute, the parties must, without delay and in good faith, attempt to resolve any dispute which arises out of or in connection with this Agreement (a "dispute") prior to commencing any proceedings in any court or otherwise in respect of that dispute ("proceedings"). The parties acknowledge that compliance with those provisions is a condition precedent to any entitlement to claim relief or remedy by way of proceedings in respect of a dispute.
If a party requires resolution of a dispute, it must immediately submit full details of the dispute to the other party. Both parties must nominate their representatives to meet within 10 business days to resolve the dispute by formal negotiation.
If a dispute is not resolved within 20 business days of the date of meeting or within such other longer period as they agree, the dispute shall be referred to mediation in accordance with the below process.
The dispute must be submitted to mediation by the party requiring resolution of that dispute in Sydney, NSW to be administered by Australian Centre for International Commercial Arbitration (ACICA) in accordance with the ACICA Mediation Rules before a mediator to be agreed. If the parties cannot agree on a mediator, the chief executive for the time being of ACICA (or nominee) will be requested to appoint a mediator within 10 business days of the request.
A party may not commence proceedings in respect of a dispute unless that dispute is not settled by mediation within 20 business days of submission to mediation or within such other longer period as the parties agree in writing.
Any costs of mediation will be equally shared by the parties.
While any dispute remains unresolved, the parties agree to continue to perform the Agreement to the extent that such performance is possible, given the nature of the dispute.
This clause does not limit in any way a party’s right to seek any form of equitable relief including, without limitation, injunctive relief.
Miscellaneous
These Terms are governed by the laws of New South Wales, Australia. By accessing and using the Platform, you agree to submit to the exclusive jurisdiction of the Courts of New South Wales, Australia. If you access the Platform from other jurisdictions, you are responsible for compliance with local laws.
Any term by its nature intended to survive termination or expiry of these Terms survives termination of these Terms.
Our failure to enforce any of these Terms shall not be construed as a waiver of any of our rights.
These Terms do not create a relationship of employment, trust, agency or partnership between the parties.
If any term is unenforceable, it shall be read down so as to be enforceable or, if it cannot be read down, the term shall be severed from these Terms without affecting the enforceability of the remaining terms.
If you have any questions, complaints, or concerns, you may contact us at [email protected].
These Terms set out the entire agreement between the parties in relation to the use of this Platform.
Register as a migration specialist
