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Terms & Conditions

Terms & Conditions

Important Note:
  • Your use of WorkApp is entirely at your own risk.
  • We do not take steps to identify our users or undertake background checks. You should always exercise caution in providing any personal or sensitive information to, or meeting with, any person who contacts you via WorkApp.
  • Your use of any Third-Party Site is entirely separate from your use of WorkApp and you agree that it is governed by the Third-Party Site provider's own terms and conditions. We encourage you to carefully review any such terms and conditions.



1. SCOPE OF TERMS AND CONDITIONS

(a) In these terms and conditions:

(i) “we” “us” and “our” refers to WorkApp Pty Ltd, the owner and operator of WorkApp (“WorkApp”);

(ii) “Workapp” means www.workapp.me and the associated WorkApp mobile app; and

(iii) “Services” means the provision, via WorkApp, of a medium whereby users can post business and personal profiles, interact with other users and conduct various transactions;

(iv) “Third-Party Site” means any website or app that may link to or from WorkApp or provide third party support for any functionality of WorkApp;

(v) “User Content” means any content that you post or transmit or that is posted or transmitted through or by use of your WorkApp account, and includes copy, photos, videos, designs contained in any posts, including but not limited to messages, tenders, classifieds, applications or advertisements.

(b) Your access to and use of all information on WorkApp is provided subject to the following terms and conditions.

(c) We reserve the right to amend these terms and conditions at any time and your use of WorkApp following any amendments will represent your agreement to be bound by these terms and conditions as amended. We recommend that each time you access WorkApp you read these terms and conditions.

(d) These terms and conditions are applicable to all postings and profiles, including but not limited to job advertisements, buy/sell advertisements, personal profiles, business profiles, tenders, event listings and other listings and profiles on any platform provided by WorkApp. These terms and conditions and any updates apply to all users, whether you log in or register via WorkApp directly or via a third party website or application, such as Facebook.

(e) We reserve the right to terminate this agreement and delete or remove your registration and/or any listings or postings without prior notices to you at any time if we reasonably believe that you have breached these terms and conditions.

2. ACCESS AND REGISTRATION

2.1 Registration

(a) In order to access the Services provided by WorkApp, you must become a registered user. You must complete registration by providing the information requested on our user registration page which will establish your profile.

(b) You agree to ensure that the details that you provide to us upon registration and on your profile are true and accurate at all times and you undertake to update those details from time to time as and when they change.

(c) On registration, you will be required to provide a password. It is your responsibility to ensure the safety and security of your login information and you must not provide these details to any other person.

(d) It is your responsibility to ensure that your access and use of any part, function, content or service published on WorkApp is legally permitted in any jurisdiction in which you reside or in which access takes place.

(e) Our services are intended for persons over the age of thirteen (13) years. By using WorkApp, you acknowledge that you are either:

(i) between 13 and 18 years of age and have the consent of your parent or guardian to use our services; or

(ii) over 18 years of age.

(f) We reserve the right, at our absolute discretion, to discontinue, suspend, change, reformat or alter any aspect of the Services provided by WorkApp without prior notification to you.

2.2 Personal information and user identification

(a) We undertake to take all due care with any information which you provide to us when accessing WorkApp.

(b) However, although we undertake to take reasonable steps to preserve such information in a secure manner (i) we do not warrant and cannot ensure the security of any information which you may provide to us; and (ii) information you transmit to us is entirely at your own risk.

(c) How we may store and use your personal data and information is set out in our separate Privacy Policy.

(d) You acknowledge that:

(i) you may nominate whether you want your street address to appear in any search results. You may remove such nomination at any time and are responsible for doing (or failing to do) so.

(ii) You may enquire by email to any user posting, in which case your details will be shared with that user, together with a link to your profile in WorkApp. When you select the email icon, an email will be generated with your details pre-filled. You are responsible for removing any information that you do not wish the other user to see. The email is sent from no-reply@workapp.world.

3. CONTENT RULES

3.1 General rules as to content

You acknowledge and agree that all User Content:

(a) is your responsibility;

(b) must be properly categorised and, where WorkApp allows restriction of visibility of postings by geographical area, restricted to the smallest area reasonably possible;

(c) must post all content personally and manually through all steps of the posting process and not by using any automated means;

(d) must not be posted on behalf of another person, except where an employee or agent is acting with the authority of that other person;

(e) must comply with all applicable legislation, regulations, by-laws, ordinances and codes of conduct applicable in your local jurisdiction, including but not limited to:

(i) competition and consumer legislation;

(ii) criminal laws;

(iii) fair trading;

(iv) privacy;

(v) specific laws applicable to the business that you operate;

(vi) anti-discrimination and equal opportunity legislation.

3.2 Deactivation of User Content and Listings

You acknowledge that, to ensure that WorkApp provides the best experience for users and contains fewer obsolete search results:

(a) we set time limits for any category of posting on WorkApp, upon the expiry of which the content of such postings is no longer visible to other users or are deleted from WorkApp entirely;

(b) we may also require you to re-activate your posting from time to time via WorkApp in order to remain visible to other users; and

(c) from time to time, and at our sole discretion, we may change time limits or methods of re-activation.

(d) The current time limits and methods of reactivation are provided in the table below:

Category

Time limit

Reactivation method

What happens upon expiry?

Business Listings

Unlimited

Refresh button

Listing never expires

Community Organisation Listings

Unlimited

Refresh button

Listing never expires

Worker Listings

Unlimited

Refresh button

Listing never expires

Event Listings

Event End Date & Time

Update the Event end date

Post is de-activated

Job Vacancies

Closing Date & Time

Update the closing date

Post is de-activated

Real Estate Listings

30 Days

Refresh button extends for another 30 days from date of refresh

Post is flagged as expired.

Auto Listings

30 Days

Refresh button extends for another 30 days from date of refresh

Post is flagged as expired.

Classified Listings

30 Days

Refresh button extends for another 30 days from date of refresh

Post is flagged as expired.

Wanted Listings

30 Days

Refresh button extends for another 30 days from date of refresh

Post is flagged as expired.

Task Listings

7 Days

Refresh button extends for another 30 days from date of refresh

Post is flagged as expired.

 

3.3 Prohibited content

(a) User Content prohibited from WorkApp includes (but is not limited to):

(i) content that may not legally be viewed by persons under 13 years old in your jurisdiction;

(ii) content in facilitation of the distribution, provision or receipt of illegal goods or services;

(iii) illegal or offensive content (including, without limitation discriminatory, defamatory, threatening, hateful or pornographic content);

(iv) content that discloses another's personal, confidential or proprietary information without that person's consent;

(v) false or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads transmitted via WorkApp);

(vi) malicious content (including, without limitation, malware or spyware);

(vii) content that advertises or links to posting or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services or bulk telephone numbers;

(viii) content that is used to recruit for pyramid schemes or any ulterior or fraudulent purpose;

(ix) content that offers, promotes, advertises or provides links to unsolicited products or services.

(x) content that includes the offer for sale of guns, ammunition, explosives or weapons of any form or illicit drugs.

(b) You agree that you will promptly notify us if you become aware of any prohibited content on WorkApp.

4. INTELLECTUAL PROPERTY RIGHTS

4.1 Our content

(a) Other than User Content, the copyright to all content on WorkApp, including designs, source codes, applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.

(b) Except for the limited purposes of legitimate fair dealing, you are not permitted to copy, reproduce, republish, distribute or display any of the information on WorkApp without our prior written permission.

(c) All trade marks, brands and logos generally identified either with the symbols ™ or ® which are used on this WorkApp are either owned by us or we have a licence to use them. Your access to WorkApp does not create a license for you to use those marks in any way without our prior written permission.

(d) When you visit WorkApp, we give you a limited licence to access and use WorkApp for personal or commercial use, but with the sole purpose of doing so by accessing the Services. This licence to access and use WorkApp does not:

(i) permit you to copy or otherwise use any user content or other intellectual property of any other user of WorkApp or any Third Party Site;

(ii) include the right to use any data mining robots or other extraction tools;

(iii) extend to the use of any underlying source codes;

(iv) permit you to reverse engineer WorkApp; or

(v) metatag or mirror any part of WorkApp.

4.2 User content

(a) You grant us a perpetual, royalty-free, world-wide licence to publish User Content for the purpose of providing and marketing the Services. If in future we use User Content in promoting WorkApp or in any other way, we will not be liable to you in relation to such use.

(b) You acknowledge that you are responsible for the content of any material you publish on WorkApp including its legality, originality and copyright. You warrant that any material you publish does not infringe the rights of third parties in any way.

5. THIRD-PARTY SITES

Important note: Your use of any Third-Party Site is entirely separate from your use of WorkApp and you agree that it is governed by the Third-Party Site provider's own terms and conditions. We encourage you to carefully review any such terms and conditions.

WorkApp may from time to time contain hyperlinks to or from Third-Party Sites, including advertisers. You agree that:

(a) Such links are provided for convenience only and we take no responsibility for the safety, content, maintenance of, or privacy compliance by, any Third-Party Site.

(b) Such links do not imply our endorsement, support, or sponsorship of the operator of that Third-Party Site or the information or products which they provide.

(c) Links to login to or register for WorkApp via any Third-Party Site (such as Facebook) are not in any way intended to suggest any association with Third-Party Site and we are in no way responsible for the content hosted or contained on any Third-Party Site;

(d) The provision of payment functionality by links to Braintree, PayPal or any other online payment facilitator are provided for convenience only and does not constitute, expressly or impliedly, any endorsement of, or association with, such providers. We are in no way responsible for any loss, harm or damage incurred by you or any third party in using any such third-party payment facilitator.

(e) We are not responsible for any links to Third-Party Sites or apps that provide facilities to upload videos or other User Content onto WorkApp (such as Vimeo). We are not responsible for the protection of any private data that you share with such Third-Party Sites or the protection of your intellectual property or confidentiality as a result of your use of such sites.

6. EXCLUSIONS AND LIMITATION OF LIABILITY

6.1 Limits of our Services

By using WorkApp, you acknowledge that:

(a) We provide a medium only through which people can connect. We do not:

(i) endorse the goods or services offered by any user;

(ii) participate in any way in the transactions between our users, or

(iii) regulate or mediate such transactions.

(b) You are responsible for making such relevant searches, enquiries and investigations in relation to any goods or services offered that a reasonable prudent person would make, and to engage suitably qualified professionals or experts where necessary to assist you in doing so

(c) We do not review or moderate users' postings (although we reserve the right to do so at our discretion) and are not involved in the actual transactions between users.

(d) We do not moderate or mediate between users in respect of any user experience rating provided by one user to another and users are free to rate other users as they see fit.

(e) As most of the content on WorkApp is supplied by users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of the content on WorkApp.

(f) We do not control, are not responsible for, and make no representation or warranty with respect to any user-supplied content. We do not provide any warranty either express or implied for any products or services advertised on WorkApp including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.

(g) We cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our Services.

(h) We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with us. You are solely responsible for your access to, use of and/or reliance on any user content. You must conduct any necessary investigation and due diligence with respect to the legitimacy of any user-supplied content and take all usual and reasonable steps to ensure your own online and personal safety and security.

(i) We do not accept liability for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material which violates or infringes upon the rights of any other person.

(j) We do not warrant or represent that you will obtain business or custom by the use of WorkApp.

6.2 Future Agreements

You further agree that:

(a) Your use of WorkApp is entirely at your own risk.

(b) You will not utilise WorkApp for the purpose of harvesting the data of our users.

(c) From time to time we may host third party content on WorkApp such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.

(d) We are not responsible for, any loss of an opportunity arising from your details not being visible to any other user of WorkApp and any misuse by any person of details that you or any other person have published on WorkApp.

(e) You will not seek to hold us responsible for anything other users post or do.

(f) We are not responsible for any damage to your computer system which arises in connection with your use of WorkApp or any application or website linked to WorkApp as a result of any virus, worm, hacker, Trojans and/or malware.

6.3 Limitations and Exclusion of Liability

To the extent permitted by any applicable law:

(a) any condition or warranty which would otherwise be implied into these terms and conditions is excluded.

(b) we accept no liability for any loss whatsoever, including consequential loss, suffered by you arising from services we have supplied, except as a result of fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees.

(c) we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of WorkApp, even if you advise us or we could reasonably foresee the possibility of any such damage occurring.

(d) if we are found to be liable, our liability to you or any third party, howsoever arising - whether in contract, tort, negligence, strict liability in tort, by statute or otherwise - is limited to $100.00 AUD.

7. EMPLOYEE PROFILES

7.1 For employees

(a) If you have created a ‘Worker listing’ you warrant that your listing is accurate and complete in all relevant respects and that you have not provided any information (including but not limited to information regarding your skills, experience, qualifications or work history) that is intended to mislead a potential employer or any other person using this WorkApp.

(b) While you are actively seeking work as an Employee, you consent to us sending you a daily automated (notification) to the mobile phone number you have supplied.

(c) If you indicate your status as “Inactive” via WorkApp, the frequency of (notifications) will reduce to one per week until you reactivate your listing.

(d) We do not warrant that any position to which you apply is suitable for your experience, skills or qualifications, nor do we warrant that you will find suitable employment through the use of our service.

(e) You acknowledge that we are not an employer or recruiter and have no liability to you in respect of any employment claims, including salary, wages, employee benefits and statutory entitlements.

7.2 For employers

(a) We do not screen or vet, nor are we responsible for screening or vetting, potential Employees or any statements or representations made by them (including an Employee's identity, skills, experience, qualifications, work experience or other matters) whether oral or in writing, including any representations appearing in job candidate's profiles or resumes.

(b) You further acknowledge that we are not responsible to you in any way for any misrepresentation made by Employees, whether on WorkApp or to you in person, or for any failure by you to vet potential Employees.

(c) You acknowledge that we do not warrant or represent that you will find a suitable Employee by the use of WorkApp.

(d) You may not use the job advertisement feature on WorkApp for any purpose other than genuinely seeking Employee(s).

(e) You acknowledge that you are responsible for all payments to any Employees, including salary, wages, employee benefits and statutory entitlements and indemnify us in respect of any claim arising from your non-payment of such amounts.

8. GENERAL

(a) At this time, using WorkApp is free, but we reserve the right to charge fees for certain services. If the service you use incurs a fee, you will be able to review and accept terms that will be clearly disclosed at the time you wish to use the relevant service on WorkApp. All fees will be quoted in Australian dollars, and we may change them from time to time by posting details of such changes on WorkApp.

(b) You may link to WorkApp with our written consent only. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of WorkApp's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials or imply that you are in any way associated with WorkApp.

(c) These terms and conditions are to be governed by and construed in accordance with the laws of Queensland, Australia and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Queensland, Australia and you agree to submit to the jurisdiction of those Courts.

(d) If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.