Capitalised terms used throughout these Terms have the meaning given to them indicated below:
Account Information means all information about you (or the Employer you represent) that you provide to us in connection with the creation or administration of your account on the Platform. This may include names, usernames, phone numbers, email addresses, billing information or employment information.
Agreement means these terms and conditions and other policies and guidelines referenced within our Platform, including the Privacy Policy.
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.
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 any third party migration specialists or lawyers specifically listed on the online directory of the Platform.
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.
Third Party Material has the meaning given it in clause 9.1.
User Content means content that you provide to us through the Platform for processing, storage or hosting, including content in respect of any job opportunities, any Ratings or Reviews, but excludes Account Information.
You, your means you as an individual user of the Platform or the entity or organisation that you represent, including the Employer.
Application of the Terms
By accessing and using the Platform, you agree to be bound by these Terms. If you do not accept these Terms, you must not use or access the Platform. For the avoidance of any doubt, this Platform is owned and operated by WorkinAUS.
You represent and warrant that you are at least 18 years of age.
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.
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. 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.
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, 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.
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.
Security of information
No data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information provided by you which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. You acknowledge that it is your responsibility to satisfy yourself that your own information technology is protected against computer viruses or similar malicious code or software. WorkinAUS will not be liable for any loss or damage suffered by you or anyone else due to a failure, delay, interception or manipulation of an electronic communication caused by a third party.
Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. Further information is available in our Privacy Policy.
Privacy
Our Privacy Policy sets out the types of personal information we collect, how we collect, use and disclose that personal information, and your rights.
By providing us with your personal information through the Platform, your consent to us collecting, using and disclosing your personal information in accordance with our Privacy Policy. For the avoidance of any doubt, you consent to us passing on your personal information, provided through the Platform, to any Migration Specialist that you specifically engage through the Platform.
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;
browse and contact the online directory of Migration Specialists for migration, visa or legal advice and representation;
access and submit an inquiry form to contact us;
but in each case, solely for your personal use or, if you are an Employer, for your internal recruitment purposes.
To the extent that you are an Employer 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.
Contacting Migration Specialists
You acknowledge and agree that all services and advice are provided by Migration Specialists who: (a) are Australian migration specialists with a migration agent registration number or lawyers with a legal practicing number; and (b) have referral relationships with WorkinAUS and pay us certain fees to be listed on the Platform.
WorkinAUS will take reasonable steps to ensure that Migration Specialists are registered to provide relevant migration advice or legal services. However, you acknowledge and agree that:
WorkinAUS does not provide any migration or legal services and we are not responsible for the conduct, advice or any documentation or assistance received from Migration Specialists;
any Content made available on the Platform must not be construed as migration or legal advice;
In your engagement with Migration Specialists, you may be required to sign an agreement, costs agreement or other documentation to receive migration or legal services. WorkinAUS is not and will not be a party to any agreement between you and the Migration Specialist.
User Content
You retain all of your rights to any User Content you submit to the Platform.
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.
You must:
act efficiently, honestly and fairly and with due care and skill in relation to your obligations under this Agreement, including when interacting with other Users; and
comply with all relevant laws that are applicable to its obligations under this Agreement, including any data privacy laws.
Ratings and Reviews
To the extent that you are asked to rate and post reviews (including in the form of video content) in relation to Migration Specialists or other users (“Ratings” and “Reviews”), such Ratings and Reviews are not endorsed by WorkinAUS and do not represent the views of WorkinAUS or any of its affiliates.
Because we strive to maintain a high level of integrity with respect to Ratings and Reviews on the Platform, you agree that:
you will base any Rating or Review on actual first-hand experience with the Migration Specialist or user;
any Rating or Review submitted will reflect your true and honest opinion only;
you will not provide a Rating or Review in respect of any entity for which you have an ownership interest, employment relationship or other affiliation or for any of that company’s competitors;
you will not submit a Rating or Review in exchange for payment or other benefits; and
your Rating or Review will comply with these Terms.
If we determine, in our sole discretion, that any Rating or Review does not comply with the requirements in this clause 8, we may exclude such Rating or Review without notice.
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.
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;
except with respect to a breach of clause 5 or 7.2, 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 a Migration Specialist through this Platform during the twelve (12) month period prior to the time at which the loss, cost, claim or damages arose;
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 or any advice or documentation provided by Migration Specialists;
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.
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.
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