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Terms and Conditions

Terms and Conditions

Introduction

This website and the associated application, Workfast, (collectively referred to as “Site”) are owned and operated by Workfast Marketplace Pty Limited ABN 24 609 760 616 (Workfast, we and our).

The purpose of the Site is to provide a simple, convenient and cost effective service where:

1.     Provider(s) advertise Offer(s) and Candidate(s) can search and apply for Offer(s); and

2.     Education Institution(s) advertise Course(s) and User(s) apply to enroll in the Course(s),(terms defined below).

Your access to the Site, use of the Site, linking to the Site, use of software on or downloading software from the Site is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained on this page and elsewhere on the Site (Terms).

By continuing to access and/or use the Site, you agree to be bound by the Terms (User, you and your).

The Terms do not affect your statutory rights as a consumer.

Definitions

Unless the context requires otherwise, the following terms have the following meanings in the Terms:

Candidate means a User who submits an Application for an Offer through the Site.

Casual Employment Agreement means a casual employment agreement entered into by an Employee and Workfast.

Course means an educational program either undertaken online or in person facilitated by an Educational Institution.

Education Institution means an Australian educational, learning or training institution.

Enrolment Confirmation means the electronic receipt that evidences a User’s enrolment in a Course.

Employee means a casual employee of Workfast which may also accept Offer(s) through the Site.

Job means labour services to be provided by the Candidate to a Provider, the subject of the Offer.

Job Confirmation means the electronic receipt that evidences a Provider’s acceptance of a Candidate’s Application for an Offer.

Offer means a conditional offer by the Provider to hire or employ a User for a Job or accept a User as an attendee in a Course run, operated or managed on behalf of the Provider, advertised on the Site or otherwise by Workfast.

Payments mean remuneration paid to the Candidate by the Provider for a Job.

Provider means a person(s) who provides the Offer.

Free To Use
Subject to the Terms, the Site is free for Users to use.

Workfast may receive a commission from a Provider if:

1. a Candidate: enrolls in a Course; or

2. the Provider hires or employs a User for a Job.

The remuneration for Jobs advertised on the Site is established independently of Workfast by the Providers.  It is the responsibility of the Provider and Workfast, in the case of an Employee only, to:

to ensure that the terms and conditions of the Offer do not violate any law including but not limited to Competition and Consumer Act 2010 (Cth), Fair Work Act 2009 (Cth), Privacy Act 1988 (Cth), Human Rights and Equal Opportunity Commission Act 1986 (Cth);

2. ensure that the terms and conditions of the Offer are, where relevant, consistent     with applicable modern award(s), or enterprise agreement(s) or the special national minimum wage for junior employees specified in the national minimum wage order; and

3. the extent permitted by law, be responsible for all statutory contributions including but not limited to superannuation guarantee payments in accordance with the Superannuation Guarantee (Administration) Act 1992 (Cth) and payments to the Australian Tax Office by way of Pay as You Go (PAYG) withholding.

Account, Age and Location Requirements
To apply for Offers or enroll in Courses using the Site you will need to login to an Account.  Simply go to: www.workfast.com.au

A User is entitled to a maximum of one (1) Workfast account (Account).  You must set a password in relation to the Account (discussed below).

If a User is under the age of 18, they must only use the Site with the permission and/or supervision of the User’s parent or legal guardian or other responsible adult.

From the Account a User can, amongst other things, update their profile, view Offers, accept Offers, enroll in Courses and rate/review past Jobs and Courses.

You are not allowed to register multiple Accounts. Your Account(s) will be terminated by Workfast if you have or attempt to do so.

Your Account password should be kept confidential at all times and must not be shared or disclosed to anyone. If you know or suspect that someone has knowledge of your Account password then you should contact Workfast immediately to request a reset of your Account password.  You are responsible for all activities that occur or are submitted through your Account.

User Warranty

A User warrants that in:

1. accepting an Offer through the Site they have the relevant qualifications, including any mandatory qualifications and memberships necessary to perform the Job and are an Australian resident or have such other legal right to perform the Job in Australia; and

2. enrolling in a Course through the Site they are an Australian resident or have such other legal right to undertake the Course in Australia.

How Workfast uses your Personal Information

Workfast only uses your personal information in accordance with Workfast’s Privacy Policy www.workfast.com.au/privacy. Please take the time to read the Privacy Policy as it includes important terms which apply to you and your personal information.

How Contracts for Jobs are formed

The pages which comprise the Site will guide you through the steps you need to take to apply for and accept Offers advertised on the Site.

After you apply for an Offer using the Site (Application), you will receive a notification (i.e. an email, push notification or an SMS (Notification)) from Workfast acknowledging that we have received the Application.  However, this does not mean that you are the successful Candidate. Acceptance of the Application by the Provider will only take place in accordance with the process specified below.

If the Application is unsuccessful, Workfast will send you a further Notification.

If the Application is successful, Workfast will send you a Confirmation.

You have the right to cancel an Application up to the point of the Confirmation.

Any contract between you, Workfast and/or the Provider will only be formed when Workfast sends you the Confirmation (Contract).

Subject to the Terms, Workfast and the Provider reserve the right to reject any Application or cancel any Offer.  Workfast reserves the right to refuse an Application on behalf of the Provider if we believe in Workfast’s sole discretion that the Application will be refused by the Provider.

If an Offer the subject of an Application you have made is cancelled for any reason, Workfast will send you a Notification.

Sometimes due to circumstances Workfast and/or a Provider need to cancel or re-schedule a Job that has been the subject of a Confirmation.  If Workfast or a Provider re-schedules a Job, Workfast will advise you of the new date for the Job.  If you are not able to attend on the rescheduled date, the Confirmation will be cancelled by Workfast with effect that the Contract is rescinded.

Applications and Confirmations

Workfast endeavours to deal with reputable Providers, however Workfast, except as agreed with an Employee under a Casual Employment Agreement, accepts no responsibility or liability arising from or in connection with the Offer including in the performance of the Job.

Except as agreed with an Employee under a Casual Employment Agreement:

1. the Provider has the sole responsibility for all aspects of the Offer including but not limited to training, workplace safety and Payment;

2. all questions regarding Offers displayed on the Site should be directed to the Provider; and

3. any disputes between you and the Provider are to be resolved between you and Provider.

Course Payment

You can only pay for enrolling in a Course via the Site (Course Payment) by using Braintree (a payment service provider owned by PayPal) with a valid credit card or debit card bearing the Mastercard, Visa or American Express symbol (Payment Card).

Any Payment Card and associated payment details you use on the Site will be held by Braintree and not by Workfast. For more information about protection or your personal information, please see our Privacy Policy www.workfast.com.au/privacy and the privacy policy of Braintree www.paypal.com/au/webapps/mpp/ua/privacy-full

All prices quoted on the Site are in Australian Dollars and unless expressly stated otherwise are inclusive of GST.

All prices quoted on the Site are subject to change without notice and all Courses displayed on the Site are subject to availability.

Course Enrolment

You have the right to cancel any application to enroll in a Course via the Site at any time up to the point Course Payment has been made in full.

Intellectual Property

All text, graphics, user interfaces, photographs, trademarks, logos, and artwork including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on the Site is owned, controlled or licensed by or to Workfast, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

You may only use information on the Site for personal, non-commercial informational purposes. No content on the Site may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Workfast’s prior written consent.

Reviews and Ratings
The Site is an open forum for Users to comment on the experience they have had with:

1. Job(s) sourced; or

2. Course(s) enrolled in,

using the Site (Review(s)).

A User can only post one (1) Review per Job or Course.

The Reviews contained on the Site are for informational purposes only and do not constitute advice. You should not rely on Review(s) to make (or refrain from making) or take (or refrain from taking) any action.

Reviews are the opinions of User(s) and any statements, advice or opinions made by such User(s) are those of such User(s) only and not Workfast’s.

Subject to Australian Consumer Law, Workfast reserves the right to include or exclude any Review and take necessary steps to protect Providers, Users and other users of the Site from any offensive, abusive, hateful, discriminatory or malicious content, including termination of Accounts. Refer to Unauthorised Use section below for more detail.

To ensure the integrity of the Site, Workfast will not remove or edit Reviews where Workfast believes that doing so would be in breach of Australian Consumer Law.

Review of Transmissions

You agree that if you submit Reviews, suggestions, comments, questions or post any other content on the Site, you grant Workfast the non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any form, media or technology.

Workfast takes no responsibility and assumes no liability for any content posted or submitted by you or by other users of the Site. You warrant to Workfast that any such material posted or submitted by you to the Site complies with all laws and does not breach the intellectual property rights of any person and you agree to indemnify Workfast against claims of any kind arising from a breach by you of that promise, including legal fees on an indemnity basis.

Disclaimer of Warranty

Workfast provides the Site and its contents on an “as is” basis and use of the Site is at your own risk. All content is believed, in good faith, to be accurate, complete, current and reliable at the date the information was placed on the Site. Workfast does not, nor does any of its respective directors, officers, employees or agents, make any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on the Site (including in relation to any goods or services displayed on the Site).

To the extent permitted by law, Workfast and any of its respective directors, officers, employees or agents, will not be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on the Site.

To the extent permitted by law, Workfast expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of merchantability or fitness for purpose.

Limited Liability

To the extent permitted by law, under no circumstances will Workfast or its directors, officers, agents, employees or contractors have any liability for any direct, indirect, special or consequential losses or damages (including without limitation, damages for loss of business or loss of profits), arising in contract, tort or otherwise from your use or inability to use the Site.

The User may be bound by additional terms and conditions imposed by Provider(s) and Education Institution(s). These additional terms will appear on the Site, Job Confirmation and/or Enrolment Confirmation.  Workfast is not responsible for any claims or complaints about Providers, Jobs, Offers, Educational Institutions or Courses nor disputes between you and a Provider or Educational Institution, as applicable, about the Provider’s or Educational Institution’s terms and conditions, as applicable. All Offer(s) are prepared by the Provider.  All Course(s) and details of those Course(s) on the Site are prepared by the Educational Provider.

Workfast reserves the right to process a refund to the Payment Card used to enroll in a Course, the subject of a Course Payment. Workfast does not accept any responsibility for any delays in inter-bank processing of such refunds.

Release and Indemnity

You agree to indemnify and hold Workfast and its officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees, made by any third party due to or arising out of your breach of the Terms.

Limitations of Use

The Site is intended for use by persons located in Australia only and Workfast makes no representation that the Site and any information, materials or functions included in the Site are appropriate for use in any other jurisdiction.

By using the Site, you warrant that any personal information provided by you is true, accurate, current and complete in all respects and that you will notify Workfast immediately of any changes to your personal information by updating your Account details on the Site or contacting Workfast.

In creating an Account or otherwise using the Site, you agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

Third Party Sites

The Site may contain links to other third party websites (Linked Websites). The Linked Websites are not under the control of Workfast nor is Workfast responsible for the practices, content or availability of the Linked Websites.  A link to a Linked Website does not imply Workfast’s endorsement of, sponsorship of, or affiliation with the Linked Website. Workfast provides the links as a convenience only. If you decide to access Linked Websites, you do so at your own risk, and Workfast will not be held responsible or liable for any loss or damages caused by your access or use of the Linked Websites including your reliance on any contents, goods or services available on the Linked Websites.

You may not provide a link to the Site from any other website unless expressly agreed to by Workfast in writing.

Relationship of Parties

Unless otherwise expressly provided in these Terms, no party is authorised to bind another party and nothing in this Agreement is to be construed as creating an employment, agency, partnership, fiduciary or joint venture relationship between Workfast and the User.

Unauthorised Use

You may not use the Site including your Account for any unlawful or unauthorised purpose, including without limitation distributing any unlawful, libelous, abusive, threatening, harmful, obscene or otherwise objectionable material transmitting material that constitutes a criminal offence, results in civil liability or otherwise breaches any laws, regulations or codes of practice.

Interfering with any other persons use or enjoyment of the Site, damaging, disabling or impairing the operation of the Site or attempting to gain unauthorised access to the Site or to networks connected to it, through hacking, spoofing or any other means is strictly forbidden.

Breach and Termination

Workfast reserves the right to terminate your Account, decline any new User registration, terminate your right to link to the Site, cancel an Application and/or prevent any further use of the Site if you violate any of these Terms.  If Workfast considers there to be a risk of liability or loss to Providers, Educational Institutions or Workfast, we may take any action deemed necessary to prevent such a liability or loss from occurring.

Any person who holds a suspended or terminated Account must not place or attempt to place an Application, use the Site to enroll in a Course or re-join or attempt to re-join the Site without Workfast’s prior written consent, which may be withheld in Workfast’s absolute discretion.

Workfast reserves the right and the ability to trace your IP address, and if necessary, contact your internet service provider in the event of a suspected breach of these Terms.

Cookie Policy

In addition to personal information you may provide to Workfast directly, Workfast may also collect information from you when you access the Site via the cookies on the Site.

A ‘cookie’ is a small text file which is placed on your internet browser and which Workfast accesses each time you visit the Site. The cookie allows Workfast to obtain information about how the Site is being used. Cookies may be used by Workfast for various reasons, including remarketing across the internet through Google Adwords, maintaining website security, monitoring website traffic, measuring website performance and improving the navigational experience of the Site. Workfast do not use cookies to identify you or any other user.

Availability

The Site may be unavailable at certain times including to allow for maintenance and upgrades. Although Workfast endeavours to notify Users and other users of the Site in advance of any service/Site unavailability, this cannot be guaranteed and Workfast reserves the right to alter or withdraw the service/Site at any time.

Assignment

Workfast reserves the right to assign or sub-contract any or all of our rights and obligations under these Terms.

Unless otherwise expressly provided in these Terms, the User is not capable of assigning, novating or encumbering any right or liability under these Terms or the Offer, without the prior written consent of Workfast.

Governing Law

The laws of the State of New South Wales and the Commonwealth of Australia govern the Site and its use. Subject to the Terms, the Site may be accessed throughout Australia and overseas but Workfast makes no representations or warranties that the content of the Site complies with the laws (including intellectual property laws) of any jurisdiction outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located.

Our Right to Vary these Terms

Workfast reserves the right to amend these Terms from time to time.  Please look at the top of this page to see when these Terms were last updated.

Every time you make an Application via the Site, the Terms in force at the time of the Application will apply to the Offer.

Workfast may revise these Terms to reflect the changes in relevant laws and regulatory requirements. If Workfast has to revise these Terms as they apply to a Job or Course Confirmation, Workfast will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Confirmation if you are not happy with the changes.